Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
138-96 Calico Jack's Inn & Marina
So+�c Permit Class NEW STATE OF -NORTH CAROLINA Department of Environment; Heald& Natural Resources ', and', CoastalR'esources Commission P IIYIt> X Major D p ; ent m . Area of Enviforimental Concern pursu GS 113A=1 X Excavation and/ r n L uis NCGS 113-229 Issued toCalico.Tack's Inn Az Mnr*nn c/o JP_ her. 169R Island authorizing development in Carteret as requested in the 3, dated received 8/23/96. Permit Number 138-96 This permit, issued on 5` G , is subject to compliance with the application (where consistent with the permit), all applicable r/egufations, 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. 1) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 2) The riprap material must consist of clean rock or masonry materials such as, but *ne granite or broken concrete. 3) No vegetated wetlands will be filled at any time. OCT 221996 �U,WAL PE9t 4AGFJ9RJI 4) No attempt will be made by the perrnittee to prevent the full and free use by the p 'bli of all navigable waters at or adjacent to the authorized work. Use of the permitted activi fl*t-n� interfere with the public's right to free navigation on all navigable waters of the Umted a (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. foi oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. l Signature of Pernittee n Calico Jack's Inn & Marina Permit #138-96 Page 2 of 2 5) It is possible that the authorized s 6tfr ma /b aged by wavewash from passing vessels. The issuance of this permit does not tev ttee from taking all proper steps to ensure the integrity of the permitted struc r n e f f moored boats. The permittee will not hold the United States liable for an h dama 6) The permittee will maintain the authorized work ' o 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 the permit transferred to a third parry. NOTE: The Division of Water Quality authorized this project on October 4, 1996 under General Water Quality Certification No. 3025. Permit Class NEW STATE OF -NORTH CAROLINA Department of Enviionm&it ig6alth & Natural Resources and T L � vrrmtt X Major Developmehrin an Area.of Environmental Concern pursuant to NCGS 113A-118 ',."" - X Excavation and/or filling putstiant to NCGS 113-229 authorizing development in Carteret County at Rack Sound at Markers Island Permit Number , as requested in the permittee's application dated 8/19/96 including attached work plan, 3, dated received 8/23/96. This permit, issued on G , is subject to compliance with the application (where consistent with the permit), all applicable regu ations, 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. 1) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 2) The riprap material must consist of clean rock or masonry materials such as, but not limited to granite or broken concrete. 3) No vegetated wetlands will be filled at any time. 4) 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. (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. poi oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Calico Jack's Inn & Marina, ADDITIONAL CONDITIONS Permit ##138-96 Page 2 of 2 5) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 6) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. NOTE: The Division of Water Quality authorized this project on October 4, 1996 under General Water Quality Certification No. 3025. Permit Class NEW STATE OF. -NORTH- CAROLINA Department of Envi onmeiitHealth`& Natural Resources .�.� �• � r sand,. r ; X Major Develop" nt m an Area of Environmental Concern pursuant to NCGS AFA X Excavation and/or filling pursuant to NCGS 113-229 Permit Number I -RI1 1S , I: . IM . 1 .. . I I \ authorizing development in Carteret County at Rack Sound at Markers Island , as requested in the permince's application dated 9/19/96 including, attached work plan, 3, dated received 8/23/96. This permit, issued on is subject to compliance with the application (where consistent with the permit), all applicable r/egidations, 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. 1) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 2) The riprap material must consist of clean rock or masonry materials such as, but not limited to granite or broken concrete. 3) No vegetated wetlands will be filled at any time. 4) 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. (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. poi oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Calico Jack's Inn & Marina ADDITIONAL CONDITIONS Permit #138-96 Page 2 of 2 5) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 6) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. NOTE: The Division of Water Quality authorized this project on October 4, 1996 under General Water Quality Certification No. 3025. Form DCM-MP-1 APPLICATION (To be completed by all applicants) y.� b. City, town community or landmark 1. APPLICANT CAPC-O.YAc.Ks ��✓N+MA•J'N4 9412wERs 7s/4NA i✓G Lg & c. Street address or secondary road number a. Landowner: _ 1A6953 /AAl o 1A.4b City /i_fkrkeg< S. State AlC-. Zip L Day Phone !"-72A-35?-T Fax b. Authorized Agent: Name Address City State Zip Fax Day Phone c. Project name (if any) ?znn✓en k"2a Z-k NOTE. Permit will be issued in tune of lordo r(s), and/or project mme. 2. LOCATION OF PROPOSED PROJECT a. County CAennfe-T d. Is proposed work within city limits or planning jurisdiction? Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) -Aar le-C nuAIA 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. n�ou�'fl 5 anFi: aA, -� AAA i iv ;._Rve!C a tVJZC.gL I& 4f-,C+S Anr FXfCt" MAr(NA F-nr . rJ 'ram b. Is the proposed activity maintenance of an existing project, new work, or both? -2o-r4l c. Will the project be for public, private or commercial use? ilafAmc ge tA4_ 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, lei P2�rr�1_ i . Revised 03/95 Form' D'CM-Npi 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) c. Approximate elevation of tract above Mor NWL 6 / HW d. Soil type(s) and texture(s) of tract ;9 ✓�-4 e. Vegetation on tract f. Man-made features now on tract _ 9,4'sh'e+y Hnrfva� 2.4t4. i,%r mamc- Y- k S L:, S4o &A— g. What is the CAMA Land Use Plan land classification of the site? (Consult the focal iand use plan.) Conservation �ansitional Developed Community Rural Other h. How is the tract zoned by local government? NA• i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning cnnpliance certificate, if appli-ble) j. Has a professional archaeological assessor�t been done for the tract? Yes t/ 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? Yeso 1. Are there wetlands on the site? —Yes ✓ No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe existing wastewater treatment facilities. �a�n'� TA,✓,�c 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.) o L,o o�rm AV o. Describe existing drinking water su ply source. Co hyy.4N:T� 6✓R 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink 'on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for -a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major 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 given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill�aterial be brought to site? V Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area Z—�27 / 44m. c )c10 ", WJi E — (3) Purpose of fill yfno-.d-._.�lw.. �SFi✓_� b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes v No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled9 elA b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? /fir W iolL. SN�JI c. Will wetlands be crssed in transporting equipment to project site? _ Yes No If yes, explain steps that will be taken to lessen environmental impacts. nppucant or Project Name 62P� signIlure 0/iq/9y_ Date Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name i,A2 A- i('AFnf- Address 6oV,4Ad —<-t- tiC Phone q/- IV—oy2b f'9/q�(o3/ -3 �Ir� Name Tii,ag7 Address 3 4r�rr.. ,PnaA Ale.- @5 Phone 9iA s5 Z 6 1- 1759.7 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND 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 _/'� day of , 19 96 . Print Name ROW lV49iC Arz4. / Signature H%a c;, 62- J� Imdow r or Amhorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 PIV)Oh -51 V "S -V N l?14w s7vttL' OJI'Ib-D be r oul3loda �d��1(I� Q35a�Q�1c� Ji 1 �I �I i aVgl`'4A- a s•• O o e � O • B B m 5a. 1� 10S2, ,ab2 J `Z 1 r1,JS'� 47 ., �. C p p • v�_B d��Q .6v,s-riA 6r Co �� ISTI�Tuoo v� GV►hivc S i kt� i State of North Carolina Department of Environment, ,Health and Natural Resources 1 • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N R Roger N. Schecter, Director October 7, 1996 Calico Jack's Inn & Marina c/o Rose & Dony Hatcher 1698 Island Road Harkers Island, NC 28531 Dear Mr. & Mrs. Hatcher: 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. ery sincerely, John R. azker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, 1�T�'v•,C' FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal FAX Action Employer Voice 919-733-2293 60% recycled/10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF October 1, 1996 Regulatory Branch Action ID No. 199606141 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Rose and Dony Hatcher for a Department of the Army permit to place rip -rap shoreline protection in front of an existing breakwater resulting in impacts to approximately 2,300 square feet of shallow water bottom, adjacent to Back Sound, at Calico Jack's Marina, Harkers Island, Cateret 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. No vegetated wetlands will be filled at any time. 3. 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. 4. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 5. 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. 6. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 7. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, ef�frey H. Richter Project Manager Wilmington Regulatory Field Office 2 1 .• Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Protection Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, NW Atlanta, Georgia 30303 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 r1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Calico Jacks Marina 2. LOCATION OF PROJECT SITE: adjacent to NCSR 1335 and Back Sound, in the community of Harkers Island, Carteret County Photo Index - 1995: 49-585:11-18 1989: 156-6:R-3 State Plane Coordinates - X: 2741100 Y: 350000 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8-20-96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 8-23-96 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition & Conservation (B) AEC(s) Involved: EW & PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Tanks Planned - (F) Type of Structures: Existing - Motel, Marina, Ships Store Planned - Riprap (G) Estimated Annual Rate of Erosion: None Source - Personal observation (already stabilized) 7. HABITAT DESCRIPTION: 0 [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Shallow water bottom area f 2,300 ft.z (C) Other (D) Total Area Disturbed: ± 2,300 ft.z (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: No PROJECT SUMMARY: The applicant proposes to place riprap material in front of an existing breakwater in Back Sound at Calico Jacks Marina. ,ry ^_1 FIELD INVESTIGATION REPORT: Calico Jacks Marina PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property consists of an approximately 1.6 acre tract of land located adjacent to Back Sound and NCSR 1335, on the eastern end of Harkers Island, Carteret County. The property was developed into a motel and marina facility in the early 1970's and today approx. 24 motel units, 15 travel trailer spaces and 35 boat slips are available for rent. A ships store and boat ramp facility are also located on the property. The marina basin is located in the open waters of Back Sound and is protected by a concrete sheet breakwater which is located around its perimeter. Over the years the breakwater has begun to show the signs of deterioration and rock riprap has been used to fortify a ± 40' long section of the wall. Potable water is supplied by a community water system while sewage disposal is by individual septic tanks located on the property. There is no pump out facility available at the marina facility. Back Sound is classified as SA ORW waters and the immediate area around the marina basin is closed to the harvesting of shellfish. Back Sound is noted for its extensive areas of submerged aquatic vegetation (SAV) and shellfish resources including clams and scallops. Hurricane Bertha caused the breakwater to fail in several areas and the applicant is now requesting a permit which would allow for the placement of rock riprap waterward of the breakwater and into the open waters of Back Sound. Plans included with the application indicate that approx. 180 linear feet of riprap material would be placed in a east to west direction along the south wall of the breakwater with an additional 25' of material being wrapped around the ends of each side. The riprap is proposed to be placed a maximum distance of 10' waterward of the breakwater wall which would be at an angle slightly greater than 3:1. 10. ANTICIPATED IMPACTS: The project as proposed will result in the filling of approx. 2, 300 ft.2 of shallow water bottom area with ± 250 cu.3 of riprap material being placed below the mean high water line. The material used for riprap must be of a sufficient size to prevent its easy movement offsite since it will be directly exposed to southwest winds. It is not anticipated that the project would impact any SAV since there should be a "scour zone" immediately waterward of the existing wall. This high energy zone would normally not be a conducive area for SAV or shellfish resources. PREPARED BY: Charles Jones DATE: August 26, 1996 T BY:C '11gtv istrici 9-3D-95 14 35 = c— eg. Branch•+ Ragul-atcry Branch Action ID No. 159F.'hi151 Septer.ber 50, 1996 Mr. John. Parker. Division of coastal Vanagement North Caro -_Ina Deparsrr.ent of E'nvir_r;ment, Health, and Natural Rescurces Poet office box 27687 .talsigh, North Ca101,na 27611-7687 Lear Mr. Parker: Referents the epplicaticr, of Rose and Dany eatchar for a Department of bthe Army permit tc a„ace rip -rap storeline protection in front uP an existing aterAbottomeSad acantrtombacke5o.;ndppaoxCaAtely 2,300 Square feet of shallow catarat County, :earth Carolina, acY. s Marina, Markers island, ?Fe Federal ayeneies tava cc-npletrd ra•,Iaw of the nroposai as presented tv the application ar:d your field :.:;vea-igation report. wyonz,-end that t!:e folioac:,g cor•ditiorr_(si be irol F autho_'1 �zallaped<r, tte State V Ail "crk aurF COr<,,i �anr-b IJitn-'Drl2@d by t}:i7 per ml: ...49'C S c . tKe uerroit place. e performac Lr, str!-- 3 2• Nc vegatatc•d wetlands will be filled at any time, rrerk3• No aztaa.p w4 ba made av the permittae to F:ravent the fail ar::9 true :;se by the p.;i' ,f all navigatle water, at or adjacent to the lse tl r ark. public•a right L,: - '- the permitted activity must r.t;t interfere with the States. r:avigation cr. a.l navtgable waters of the Un � xted wavewa4. from1s possible that the authorized er.ructura may he damaged by passing vessala. The issuance or the permittee frog, .y; 7 this permit does not re:iS... nerm_t-sa, struc'c_z.. all propa:r atep© to ensure the inteyri* o ':old the ,• _ safety Cr moored he -Y f the ,,nit&(Y .. boats. ? p ittee Will not fo for .iny ouch damage. erm 11_ and ir. - - maintain the authorized work in go,_ condition •ce wit;, the terms and condi.ticr.9 ci this permit, the cermi- c` ralieved o setivity ,, f this reeciremer.t if he aba^dons �:• . av'-r.3 it. transferred to a tntr_' ;arty. s parmitr.ed E•'"is _ cf tno Arm• . .f )i•ermit or local rtgiatr the need to _care, Suteuri zati�•,;Y Ba•oino tk..e permit, L.-Io Fader H_ G7r.r-rr a94um.e any tiFhT BY uilmington DSSLr1C 5-30-�0 3: USA,CE-Reg, Branchy ;# 3 r" Damages to the parmitt outer ed n©_ ed or urpermittzd accioitiea for rtrom esthereofda b. Dams a result of oublic. or Eut e9 to the Permitted causes, public. aro Federal activ Project or ueas !ties initiated an behalf ®oof as a ras tho ult of c• Damages to other general rmitted t general caused by the authar.izad or unno d. Des+ activi zee ar structures wor„. -gn and construction deficiencies associated with the Permitted or revocatDonage claims associated with r, Of this permit. = y future modification Questions a ' aupPenpion, (9i0) 25.1-4635. r °pmmant9 may be addrepsed to the undersigned at telsPhone Sincerely, t .i Copies Fcrrished: :Mr. .7o hn nornoa. DivipiOn of water Qua'_iey �'North EnviConm6rnlina Department Of j' ent. Health, and Natural Resources 4401 Ready Cr€eIt Road ' Raleigh, North Carolina 27607 Mr. John HefnNr Fi9h U. S. Fish Etnd Wildlife 5orv.ice and WildliahancNmant fe E p$s®+Office Sox 33726 v gh, North Carolina 2753E-3726 'r• Tarry Hardy N-tional tsarine Fisheries Pivere islanService d Beaufort, North Caralina 28516 Mr. Thomas Welborn, Chief Wetlands Reguiatory 5®etion V�sl$Env: oceans and Waterahedsegion x`onme I J a-iant Prot Sranr_h a Federal center octien Agency 2 Jafjaet Maragorter Wilmington Regulatory Field Office S,hT.BY:Wilmington District Corps or taneJ�ne.c�S 9-30-96 1z s5 U5ACE-n q,`-Branch- ;# 1 FACSIMILE TRANSMITTAL p1E1Apem SHEET "x` rae hu is { {, rta WW&e { ti, o NAMFJ 4.a (( svaaa0t rAurovPoo,PAX No. Lt I MA=J-VAYa"erM�-& HCJ. PAq$$ bATE•71k:+; r;� ens r fr T♦rm.—�nU `_C(,j �••n Y(C1w1 ��...15 �' VC- 7 Ce- •'\ WLd 9 I9L �.51-. l�lars y���//��,,���� �♦u6.1+Y��,/� —r � � CVt. CCV\i.Cf h, •yw^i9 w^NGiJ � �i �n ��YW tlY:l rir�{� A) UE C) DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD APPLICANT: Calico Jacks Inn & Marina COUNTY: Carteret LOCATION OF PROJECT: adjacent to NCSR 1335 and Back Sound, community of Harkers Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 23, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No orwarded - Yes FIELD REPRESENTATIVE: Charles Jones OFFICE: Morehead DISTRICT MANAGER REVIF 21096 DATE APPLICATION RECEIVED IN EI �N EMENj F C D: $ PUBLIC NOTICE REC'D: OF N DATE: 9 5 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: '�? 0' ' , ON: 1�(— -%--'I --9 b 75 DAY DEADLINE: / (p —py ({ 150 DAY DEADLINE: p / MAIL OUT DATE: q — S / STATE DUE DATE: / Io FEDERAL DUE DATE: FED. COMMENTS REC'D: 9 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON \y —' —`l 6 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section 1 �. 1 i\z4 Div. of Env. Management a 3 �_9 State Property Office - , cl` V Div. of Archives & History //� (V Div. of Env. Health Div. of Highways -41 - 9' Wildlife Resources Commission ` Div. of Water Resources Div. of Marine Fisheries - MEMORANDUM: TO: John Parker FROM: Charles Jones SUBJECT: Recommendations and Comments - Calico Jacks Marina, Carteret County DATE: September 24, 1996 I have no objections to the issuance of a permit with the following conditions applying: 1. The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 2. The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. Mat ials such tires, car dies, scretal, pap r p ducts, ee limbs, od debris, anic mate al or simiil\r�erial, e not cons' ered riprap. CC: Preston Pate Jeff Richter, COE REC NED SEP 261996 cure oAt MANAut'"N°Et4T August 26, 1996 MEMORANDUM: TO: Kathy B. Vinson, District Planner Division of Coastal Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator S'Fp2�� FQ SUBJECT: CAMA/DREDGE & FILL Permit Application Review �y �E,996 k) �P Applicant: Calico Jacks Inn & Marina 9 S (Y Project Location: on Back Sound and in the community of Harkers Island, Carteret County Proposed Project: Place riprap on the waterward side of an existing breakwater Please indicate below your office's position or viewpoint on the proposed project and return this form by September 16, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: V� This office has no objection to the project as proposed. d"ft**wA-c� �. e -L / This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE ��19 L MEMORANDUM: TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Calico Jacks Marina, Harkers Island, Carteret County DATE: September 19, 1996 Calico Jacks Marina is located adjacent to Back Sound and NCSR 1335 on the eastern end of Harkers Island, Carteret County. The applicant proposes to place riprap material in front of an existing breakwater in Back Sound at the marina. Areas of Environmental Concern (AECs) impacted by the proposed work include Estuarine Waters and Public Trust Areas. Waters at the site are classified as SA ORW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 1991 Carteret County Land Use Plan (LUP) Update, as amended September 24, 1993, and offer the following comments. The general area of the project is classified as Limited Transition, while the AECs impacted by the proposed work are classified as Conservation. Carteret County's intentions regarding development in Conservation classified AECs are discussed in the Resource Protection and Resource Production and Management Policy sections of the LUP. Applicable policies include those for Marine Resource Areas (Page IV-11). With certain exceptions, none of which appear to be applicable to this proposal, Carteret County supports the State's use standards for development in Estuarine Waters, Public Trust Areas and ORW waters. Bulkhead Construction policies are included on Page IV-8. Carteret County allows bulkhead construction in all areas of the County, provided the standards set forth in 15A NCAC 7H are fulfilled. - Based on the above policies, this project appears to be consistent with the amended 1991 Carteret County Land Use Plan, provided all state requirements can be satisfied. cc: Preston Pate Charles Jones Katrina Marshall Division of Water Quality Water Quado, Section MEMORANDUM ro. John Parker, DCM Fr. m John Domey, DWIQi �jhlect: CAMA Permit Application Calico Jacks Inn and Marina Carteret County D W Q #960830 T he Division of Water Quality has no objection to the issuance of a CAMA Permit tv the Jack, Inn and Marina [o place a �t 300 square feet of Fvaters This aetivity i,, ?cr Ji afar Quality Certification umber 3025 a suggest that pumpout faeilitir� be it -.ta;le 4 hettei protecnvater qualit Pleas:: call me at 733-1786 if you have any questions. e_ enttal Files W dinington DWQ Regional Office Project File t — ... Enruonmenral Sciences Branch 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 September 3, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator IDEHNFR SUBJECT: CAMA/DREDGE &'FILL Permit Application Review APPLICANT: a6co Jack's Marina PROJECT LOCATION: Adj. SR1335 & Back Sound, in Harkers Island, Carteret Co. PROPOSED PROJECT: To place riprap material in front of an existing breakwater in Back Sound. Please indicate below your agency's position or viewpoint on the proposed and return this form by September 24, 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. o� "L-LLIVCU I SEP_ 241996 i U�a;i;l This agency has no comment on the proposed project. cc f+1+7NAGt;;�,:h'7 This agency approves of the project, only if the recommend ges are incorporated. See attached. 9 g �This agency objects to the project for reasons described in the attached comments. Signed KCw� P.O. Box 27687, I_I 7FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper tJ State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 26, 1996 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator A� �EHNF1 AUG 28 1D 996 DIVISION OF COASTAL MAIJAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Calico Jacks Inn & Marina Project Location: m the community of Harkers Island and in Back Sound, Carteret County Proposed Project: Place riprap on the waterward side of an existing breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 16, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. __�,./ This agency has no comment on the proposed project. 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 4 42L/�DATE -?!12 C , 3FCEIVEO AUG 30 1996 GuASfAL Cc MMAGEMENT P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-04 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 26, 1996 MEMORANDUM: TO: Mr. Charles Gardner, Director Division of Land Resources /\ .�' C) FEE HNFR AUG 2 8 1996 DIVISION OF FROM: John R. Parker, Jr. COASTAL MA14AGEMENT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant. Calico Ja ks Inn & Marina Project Location: . the community of Harkers Island and on Back Sound, Carteret County Proposed Project: Place riprap on the waterward side of an existing breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 16, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. e REP,�,Y: 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 y DATEl�C�, J ;tcEIVEO SEPCu4996 `A MANAGEMENT P.O. Box 769. 2441 Arendel St., Mcrehead C•`/, North Carolina 2B557 Courier 911-12-( Te'ephcne 919-7267G2'. FAX 919-247.2330 An Equcl Cpccrur.^1 A``rma-.iv, &.cricn Em.cicyzr SC%recyc'ec/ 10%=cs;-cans;mer perer State of North Carolina Department of Environment, .� Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 26, 1996 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator �EHNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant:' coah Jacks Inn & Marina Project Location: on Back Sound and in the community of Harkers Island, Carteret County Proposed Project: Place riprap on the waterward side of an existing breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 16, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. s agency obj is to the project for reasons /described in the attached comments. SIGNED 1 �► DATE g/a9/ 96 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina .Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM /7' I�EHNR 4 September 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski V- SUBJECT: DREDGE AND FILL PERMIT Calico Jacks Inn & Marina Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc , 2Iv fu 1996 Q40wAL AfM-'GEMENT 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, VAI Heath and Natural Resources A74,01 Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1D E H N R Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. 1 ' + 1 Major Permits Processing Coordinator RECEIVE �1 SEP 23 1996 SUBJECT: CAMA/DREDGE & FILL Permit Application Revt :uoi 1- /�— � MANAGEi'tEhT W APPLICANT:` Calico Jack's Marina „0 PROJECT LOCATION: Adj. SR1335 & Back Sound, Harkers Island, Carte 9 PROPOSED PROJECT: To place riprap material in front of an existing breakwater in Back Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 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 Lcyects to the project for reasons described in the attached comments. Signed Date P.O. Box 27687, 1�T��; CFAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, �An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 100% 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 ul u 111TIT.T01al TO: FROM: SUBJECT: September 3, 1996 Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History John Parker, Jr. Major Permits Processing Coordinator FMOWA z42i EDEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: Calico Jack's Marina PROJECT LOCATION: Adj. SR1335 & Back Souhd, in Harkers Island, Carteret Co. PROPOSED PROJECT: To place riprap material in front of an existing breakwater in Back Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24,1996. 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. p°— 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 // Z- 7 OCT 2 1996 COWAL MNACEMENT P.O. Box 27687, C� FAX 919-733-14 Raleigh, North Carolina 27611-7687 Ni1, An Equal Opportunity/AffirrnatNe Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina [department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: APPLICANT: September 3, 1996 Mr. John Sutherland, Chief 1� [DEHNFR �JvDl1� SEP i 1996 0 Water Planning Section Division of Water Resources ply %l0FMMATHRRE80l RCffi John Parker, Jr. Major Permits Processing Coordinator ll j2 CAMA/DREDGE & FILL Permit Application Review py �� ECEEIIVEO -- OCT 2 1996 Calico Jack's Marina MAN EMEN- PROJECT LOCATION: Adj. SR1335 & Back Sound, in Harkers Island, \IF-,. PROPOSED PROJECT: To place riprap material in front of an existing breakwater in Back Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 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. 1C 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, ��y� C FAX 919-733-1495 An Equal Opportunity/Affirmative tunny/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina bepartment of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator A/, Zx•:' EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application APPLICANT: Calico Ja 's Marina PROJECT LOCATION: Adj. SR1335 & Back Sound, in Harkers Island, Carteret Co. PROPOSED PROJECT: To place riprap material in front of an existing breakwater in Back Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 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 I 3 b 44 P.O. Box 27687, rW* FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N1An Equal Opportunity/Affirmatve Action Employer Voice919-733-2293 50% recycled/ 10% post -consumer paper Division of Water Quality Water Quality Section MEMORANDUM To: John Parker, DCM From: John Dorney, DIM Subject: CAMA Permit Application Calico Jacks Inn and Marina Carteret County DWQ #960830 The Division of Water Quality has no objection to the issuance of a CAMA Permit to the Calico Jacks Inn and Marina to place riprap material in 2,300 square feet of waters. This activity is certified under Water Quality Certification Number 3025. We suggest that pumpout facilities be installed at the marina to better protect water quality. Please call me at 733-1786 if you have any questions. cc: Central Files Wilmington DWQ Regional Office Project File �Ffl acri 7/ 1;9 CUgSiAL MANAGEMENT Environmental Sciences Branch Water Quality Section 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 Calico Jacks Inn & Marina 1698 Island Road Harkers Island, NC 28531 Dear Mr. and Mrs. Hatcher: 2&TjZA ®FEE P1 August 26, 1996 The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located in Harkers Island, Carteret County. It was received on August 23, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 6, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Co dially 7Jon Charles S. District Manager Enclosure cc: John Parker Preston Pate P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmcive Action Employer 50%recycled/ 10% post -consumer paper AUG, 14 '96 1 47 To: Mr. Roger Scheter From: Calico Jack's Inn & Marina, Inc. Subject: CAMA Permit PA6E . 0 0 __ -14 \ -, Date: August 14, 1996 I'm writing this letter in reference to the urgency in obtaining a CAMA Permit to repair our existing seawall that was destroyed during hurricane "Bertha". Since hurricane "Bertha" we have been desperately trying to obtain a permit to put 250 to 500 pound rocks against our seawall to support the wall and prevent any further damage. The wall is leaning and it will not take much more of a storm to cause the wall to totally collaspe if we do not hurry and get the support it needs to substain rough water. We are using the rocks only to support the existing wall and not to extend our harbour. Where the rocks are being placed, it will not cause a navigation hazard due to the way the entrance to our harbour extends out. We do have written permission from both of our neighbors documented. Let me explain the urgency. The seawall is leaning, and swaying. If we should have a storm in the next 60 to 90 days before we obtain the permit to do the work, it may collaspe and cause us to have to rebuild the seawall which will cost in the $100,000's dollars and more which we do not have the capital to do. The rocks will only cost us in the range of $10,000. to $15,000.00 which we can afford to do at this time. Also we have a major fishing tournament approaching us that we will lose motel, sales and boat slip rental due to not being able to rebuild twenty boat slips. The barge that is use to do the repair to the seawall needs the space where the boat slips once were before hurricane "Bertha" destroyed them. This fishing tournament will be the first weekend in September. Everyday we are losing revenue, due to not be able to rebuild the destroyed twenty slips_ We are requesting, to please speed the paperwork process. If it takes 60 days or more we will lose a great deal of money, due to loss revenue and possibly having to rebuild a new seawall that is not necessary at this time. Thank -you in advance, Rose Marie Hatcher Vice President DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 IN REPLY REFER TO November 5, 1996 Regulatory Branch Action ID No. 199606141 and State Permit No. 138-96 Calico Jack's Marina Dony and Rose Hatcher 1698 Island Road Harkers Island, North Carolina 28531 Dear Mr. and Mrs. Hatcher: Reference your application for a Department of the Army permit to place rip -rap shoreline protection in front of an existing breakwater resulting in impacts to approximately 2,300 square feet of shallow water bottom, adjacent to Back Sound, at Calico Jack's Marina, Harkers Island, Cateret 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 the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure ._ ..'f Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., Rm 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 :r J. I 1 --I •: ! l) ter- ' ..il—• �� tll rk- F iII� U U U U N �T I k1lo, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 'P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 5, 1996 Regulatory Branch Action ID No. 199606141 and State Permit No. 138-96 Calico Jack's Marina Dony and Rose Hatcher 1698 Island Road Harkers Island, North Carolina 28531 Dear Mr. and Mrs. Hatcher: Reference your application for a Department of the Army permit to place rip -rap shoreline protection in front of an existing breakwater resulting in impacts to approximately 2,300 square feet of shallow water bottom, adjacent to Back Sound, at Calico Jack's Marina, Barkers Island, Cateret 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 the undersigned at telephone (910) 251-4636. Enclosure Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., Rm 7316 Silver Spring, Maryland 20910-3282 \,,jMr. John Dorney Division of Water Quality 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 Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr.`Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 - � `\ � J ,, .,. ��G � . � �.Q �� I�e . • e 'W4�� m e u V e ��� — B •a e• ,< ' Q e • •� 1•� - c - - .._ ....� i � ° E� �K�A�� ��a L� . .._.... _— Zyp' 5�9�� .— � e..• C • C u r I—?�1._7 � � H. .�1�—�r�,.Ie ��nkWa!av' ' .. ,V-----�---� � � '- I. v �� ;NrpS 570IZE .'S_ � � .<��,Z '� � :• <;- ; u.1 v ��� ����': 3, i c�a ��ce `� {�c �, v `\�\� � • / . .� �1.r� ' l� ti' �t I �. �� J (i •—r— G' � ���� _...-------- � H ' :j� `\ ij[[j� ' / f\I\`` -ram /� � ' / !/ i :. - --� i -�—� ... .� .�� � ��� f i �. �• � s =� L+� .. �/ � jl..k ` �: ,� •t �\ , r '.� J State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 2, 1997 Calico Jack's Inn & Marina c/o Rose and Dony Hatcher 1698 Island Road Harkers Island, NC 28531 RE: CAMA Permit No. 138-96 Dear Mr. and Mrs. Hatcher: 1� �EHNF1 I am enclosing a copy of a letter I received from Mr. Charles Kafer who is a co-owner of the property adjacent to yours in Harkers Island. According to Mr. Kafer's letter, he was not afforded a copy of the CAMA permit application as required by Coastal Resource Commission rules. I would appreciate a written response from you concerning Mr. Kafer's letter. Sincerely, r Charles S. Jones District Manager Enclosure cc: Preston Pate John Parker(w/enclosure) Jeff Richter, COE (w/enclosure) A�cF�VF C04S)44114,V MFNT 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 CHARLES WILLIAM KAFER ATTORNEY AT LAW POST OFFICE Box 947 209 POLLOCK STREET NEW BERN, N. C. 28563 BOARD CF.RTINIED SPECIALIST D FAx Y LAW 20 May 1997 Charles S. Jones District Manager N. C. Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, NC 28557 Dear Mr. Jones: MAY 2 11997 TEr.E Hmo (919) 636-3788 FAcsmiss.E (919) 636.6220 I have reviewed the application and accompanying documents relating to the permit received by Calico Jack's Inn and Marina located at Harkers Island, North Carolina. I have also reviewed the permit which accompanied the application. My brother, Oscar A. Kafer, III, and I own the property immediately - east of Calico Jack's Marina. My brother received from Rose Hatcher a letter dated 26 August 1996. I am enclosing with this letter a copy of the letter from Rose Hatcher that my brother received along with the two pages of diagram which accompanied that letter. My brother did not receive anything else from Ms. Hatcher. I am enclosing with this letter a copy of a letter I sent to Rose Hatcher dated 13 September 1996. I did not receive any written response to that letter. Sometime after.I wrote that letter, Mr. D^ '- Donald Hatcher came to my property at Harkers Island and spoke to me personally about putting the rock down. I told him that I objected to the placement of the rock on the east side of that wall. I told him that my brother and I did not object to the placing of the rock on the south side of the wall but did not want any rock on the east side of that wall. I heard nothing further from either Mr. or Mrs. Hatcher. To my dismay, I have discovered that the rock has been placed on the east side of that wall. I have further been advised that Mr. Hatcher intends to place a fish cleaning station on the east side of that wall. On the first page of the application in paragraph 3d, the proposed project is described as follows: We plan to place riprap material in front of an existing breakwater which will provide wave protection to an existing marina. The breakwater has suffered major damages from the effects of Hurricane "Bertha". The riprap material will be barged to the site and placed in the water by the use of equipment mounted on the barge. As you can see from the description of the proposed project, the project is described as being "in front of an existing breakwater" (emphasis supplied). The description accompanying the application caused me to have some concern that the rock would be placed in front of my property. Therefore, I wrote the letter to Rose Hatcher. The reality of the situation is that the rock has been placed in front of my property. The breakwater has given the Hatchers several acres of public waters to utilize to make a living. Without regard to whether such taking of public water should be permitted, I am really concerned that the rock has in effect extended their property. Not only do they now have use of a lot of public water, they have extended that use by putting that rock in front of my property. While I agree that the rock would certainly be better for the - environment than the wall, I do not like either the wall or the rock. I do not know that I can do anything about the wall, but I am very concerned that I did not have the opportunity to do anything about the rock. I really do not like that rock in front of my property. In page 3 of the application under the section labelled "ADDITIONAL INFORMATION,11 the applicant is directed to provide notice to "adjacent waterfront (riparian) landowners." The admonition is then given in that same paragraph as follows: 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. In this case, Ms. Hatcher did send the enclosed material to my brother, but she did not provide him with any notice whatsoever. She did not send me anything. I am enclosing with this letter an affidavit signed by my brother. Please note that he has stated, under oath, that the only things he received were the letter and the two diagrams. He received no notice of any right to contact the Division of Coastal Management. Had he received such notice, I am absolutely certain that he would have contacted your office about this matter. Does the failure to provide the notice and opportunity for us to be heard invalidate the permit? Can anything be done about that rock? Can anything be done about the proposed fish cleaning station? I really do appreciate the time you spent talking with me by phone, and I also appreciate very much the time you spend with this matter. I hope that you are well, and I look forward to hearing from you soon. S' cerel , Charles Will'" a er CWK/sp Enclosures To: /l�� Date: August 26, 1996 From: Calico Jacks Inn & Marina, Inca Subject: Major CAMA Permit Our seawall was destroyed by Hurricane Bertha. We have applied for a major CAMA Permit to repair our seawall by placing 250 to 500 lb. rocks on the outside of the seawall. The previous approval form that you signed does not meet the standards for the major CAMA Permit. Attached are detail sketches to scale, on our proposal to repair the seawall. The purpose of this letter is to inform you of the work that will be done and to thank -you in advance for all your patience in helping us to obtain the permit. If you do not have any objections, please sign this letter and return in enclosed stamped envelope. Thank -you again, '� �! 14; ��' CA, , ee Rose Hatcher, vp Approval: L� 29a' 11 4114 I ,��V� 21 IL I© YFo7us6D $uLOEAD 'I?RoTrcnow 3`f CALICO µj)?-iN A c-A(,5 li,=UD( o Is 0�0 0 A �Q 0 SPa ly XoAp Mgt CT7ARTFS WELMIAM KAFF,R ATTORNEY AT LAW POST OFFIOE Box 947 209 POIS..00R: STREET 'NEW BERN. N. C. 28563 BOARD CERTIFIED SPECIALIST M FA y LAW 13 September 1996 Ms. Rose Hatcher Calico Jacks Inn & Marina P. O. Box 271 Harkers Island, NC 28531 RE: Major CAMA Permit - Dear Rose: TELEPHONE (919) 636-3788 FAcs**•** R (919) 636-6220 My brother, Oscar, brought to me your letter dated 26 August 1996 regarding the CAMA permit. I think that I signed something for this work when I was down on Harkers Island sometime earlier in August. My understanding is that you need an additional signature. I need some clarification.. My understanding is that you want to put some rocks on the south side of your retaining wall. If my understanding of the proposal is correct, the proposed riprap will go at the 'entrance to your marina in order to give you some more protection. My brother had some concern that rocks were going to be placed on the east and west side of your wall. Therefore, those rocks would be subject to being rolled around on those sides of the walls. My review of your proposal causes me to believe that the rocks will not be on the east and west sides of the wall but. will be on the south side of the wall near the entrance. If so, we have absolutely no objections to your putting those rocks there. Please drop me a note and simply clarify. I will then sign the permit and send it on to ybu. . I hope that you are well. We certainly enjoy using your place and have enjoyed having you as the new owners of Calico Jacks. Sincerely, Charles William Kafer CWK/sp NORTH CAROLINA CRAVEN COUNTY A F F I D A V I T OSCAR A. KAFER, III, after having first been duly sworn, states as follows: 1. My name is Oscar A. Kafer, III. I reside at 604 Pollock Street, New Bern, North Carolina, 28563. 2. I own as a tenant in common with my brother, Charles William Kafer, the property located adjacent to and immediately east of Calico Jack's Marina. Portions of this property have been in the possession of my family since 1942. 3. I received from Rose Hatcher a letter requesting my approval of a proposed renovation to the marina at Calico Jack's. I am attaching hereto a copy of the letter I received from Ms. Hatcher and a copy of the two page diagram which accompanied that letter. I am also attaching hereto the envelope in which this material was mailed. ABSOLUTELY NO OTHER MATERIAL ACCOMPANIED THAT LETTER. 4. I received no response from the letter my brother wrote to Rose Hatcher regarding the project. In fact, I received no response whatsoever from Rose Hatcher. 5. I object to the placing of rocks on the east side of the retaining wall. Those rocks come out ten or fifteen C. W. KAFER 209 POLLOCK ST. P.O. BOX 947 NEW BERN, NC 28563 feet into an area which blocks my view of the water from my property. Respectively submitted, Sworn to and subscribed before me this the !(a�j✓ day of MAV , 1997. My Commission p�e Notary Public E�P��'�,�„ �� _ NOTARY PUBLIC C. W. KAFER 209 PO"OCK ST. P.O. BOX 947 NEW BERN. NC 28563 2 l%Al \ t _ �1 CHARI.ES W IJ IAM I;AFER ATTORNEY AT LAW POST OFncE Box 947 209 POIJ OC r STREET \- F� NEw BERM, N. C. 28563 BOAa Qeax 9rao SW W FA y LAW 24 November 1997 Mr. Roger N. Schecter, Director Division of Coastal Management State of North Carolina Department of Environment, Health and Natural Resources P. O. Box 27687 Raleigh, NC 27611-7687 RE: Calico Jacks Marina Dear Mr. Schecter: TELEPHONE (919) 636-3788 FACBtmn,E (919) 63"220 RECEIVED DEC 01 1997 COASTAL MANAGEMENT I received your letter dated 16 October 1997 in regard to the above -referenced matter. First, I appreciate the time and effort that you and your staff have expended in regard to this matter. I have spoken on a couple of occasions with Mary Dee Carraway, and she was most helpful and courteous. Based upon the information you have, I certainly understand and appreciate your determination in regard to this matter. The situation really involves one of credibility, and you have no way to make a determination at this time of my credibility, my brother's credibility, and the credibility of the Hatchers. For whatever my statement :.s north, I tell you that Mr. Rat( -hp - personally spoke to me about that project before the project was done. The subject matter of our conversation was the project, and he approached me because he knew that I opposed it. He tried to talk me into agreeing with it, and I did not. Because at that time I was not aware of the status of the project, and because I thought that my brother and I had sufficiently indicated our opposition to it, I thought the matter was ended. To my dismay, I next saw the rocks in place. Although I realize that I an not in any position now to do anything, as a practical matter, about those rocks, I hope that you will keep this series of events in mind in the event the Hatchers apply for any further permits. I will certainly be more careful _1. at that time in how I deal with the Hatchers and any requests they may make in the future for permits. Finally, I think that your department should reconsider its position about such applications for these types of structures. I do not know why a private party such as the Hatchers should be able to enclose the public waterway. Further, I do not know why a party such as the Hatchers should be able to build a structure or maintain a structure which extends some 200 plus feet out into the waterway, blocking the natural flow of sand. If you ever have the opportunity to examine that structure, you should see the amount of sand that is built up on the west side of that wall as opposed to the shoreline which is exposed on the east side of that wall. Prior to the time that wall was established, the shoreline did not have those characteristics. At any rate, I do appreciate the time and effort from you and your staff in regard to this matter. 71e y,Willi m Ka CWK/sp CC: Mr. Oscar A. Kafer, III