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HomeMy WebLinkAbout18-96 County of DarePermit Class Permit Number STATE Department of Env Major Devi pursuant to -y_ Excavation and/or Resources Concern to NCGS 113-229 authorizing development in Dare County at Croatan Sound. off of SR 1110. at Manns Harbor , as requested in the penniuee's application dated 9/22/95 including attached work plan drawing dated RI?R/95 This permit, issued on eZ A? A9 is subject to compliance with the application (where consistent with the permit), all applicab e r gulations, 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. I - Z--VILCIR In order to protect juvenile shrimp and ftnfish populations, no excavation will be permitted between February 15 and September 30 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 level. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. This permiLaction 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. A.e Roge checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee r.. A County of Dare Permit #18-96 Page 2 of 3 ADDITIONAL CONDITIONS 4. Excavation will not exceed 6 feet below the elevation of normal water level in the turning basin and 7 feet in the access channel, as requested. SPOIL CONTAINMENT All excavated material shall be confined above normal high water and landward of structures to prevent spillover of solids into any wetlands or surrounding water. A water control structure shall be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. Flow from the diked retention area shall be confined by pipe, trough, or similar device to a point at or below the normal water level (NWL) elevation contour to prevent gully erosion and siltation. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. The diked disposal area will be constructed a sufficient distance from the normal water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. 10. The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to holding capacity. This can be accomplished by dredging in phases, perhaps as many as three. 11. 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 water body is 25 NTUs or less in all saltwater classes are not considered significant. 12. The exterior slopes of the disposal area dikes must be at an angle no steeper than 1 '/2 H: 1 V. 13. Appropriate erosion and sedimentation control devices, measures, or structures must be used to prevent sediment from entering adjacent wetlands/watercourses/properties (e.g., silt fence, diversion swales/berms, sand fence, etc). Page 3 of 3 ADDITIONAL CONDMONS 14. 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. NOTE: The Division of Environmental Management approved this project on January 30, 1995 under General Water Quality Certification No. 3025. Permit Class Permit Number STATE Department of Env -I, Major Dew pursuant to _— Excavation and/or Concern to NCGS 113-229 authorizing development in Dare County at Croatan Sound. off of SR 1110. at Manns Harbor , as requested in the permittee's application dated 9/22/95 including attached work plan drawing dated 9128195 This permit, issued on- eZ YZ 196 is subject to compliance with the application (where consistent with the permit), all applicable r gulations, 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 In order to protect juvenile shrimp and fmfish populations, no excavation will be permitted between February 15 and September 30 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 level. 3. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. This permitLaction 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. Roge . checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee County of Dare ADDITIONAL CONDITIONS Permit #18-96 Page 2 of 3 4. Excavation will not exceed 6 feet below the elevation of normal water level in the turning basin and 7 feet in the access channel, as requested. SPOIL CONTAINMENT 5. All excavated material shall be confined above normal high water and landward of structures to prevent spillover of solids into any wetlands or surrounding water. 6. A water control structure shall be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. Flow from the diked retention area shall be confined by pipe, trough, or similar device to a point at or below the normal water level (NWL) elevation contour to prevent gully erosion and siltation. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. The diked disposal area will be constructed a sufficient distance from the normal water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. 10. The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to holding capacity. This can be accomplished by dredging in phases, perhaps as many as three. 11. 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 water body is 25 NTUs or less in all saltwater classes are not considered significant. 12. The exterior slopes of the disposal area dikes must be at an angle no steeper than 1 lh H: 1 V. 13. Appropriate erosion and sedimentation control devices, measures, or structures must be used to prevent sediment from entering adjacent wetlands/watercourses/properties (e.g., silt fence, diversion swales/berms, sand fence, etc). Permit Class Permit Number STATE Department of Egg j'- Major Devi pursuant to -X-, Excavation and/or Resources Concern to NCGS 113-229 authorizing development in Dare County at Croatan Sound, off of SR 1110, at Manns Harbor , as requested in the permittee's application dated 9/22/95 including_ attached work plan drswing dated 8/28125 This permit, issued on eZ '4� is subject to compliance with the application (where consistent with the permit), all applicable r gulations, 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 In order to protect juvenile shrimp and frnfish populations, no excavation will be permitted between February 15 and September 30 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 level. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 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. v,- Roge checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee County of Dare ADDITIONAL CONDITIONS Permit #18-96 Page 2 of 3 4. Excavation will not exceed 6 feet below the elevation of normal water level in the turning basin and 7 feet in the access channel, as requested. SPOIL CONTAINMENT 5. All excavated material shall be confined above normal high water and landward of structures to prevent spillover of solids into any wetlands or surrounding water. A water control structure shall be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. Flow from the diked retention area shall be confined by pipe, trough, or similar device to a point at or below the normal water level (NWL) elevation contour to prevent gully erosion and siltation. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. The diked disposal area will be constructed a sufficient distance from the normal water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. 10. The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to holding capacity. This can be accomplished by dredging in phases, perhaps as many as three. 11. 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 water body is 25 NTUs or less in all saltwater classes are not considered significant. 12. The exterior slopes of the disposal area dikes must be at an angle no steeper than 1 'h H: 1 V. 13. Appropriate erosion and sedimentation control devices, measures, or structures must be used to prevent sediment from entering adjacent wetlands/watercourses/properties (e.g., silt fence, diversion swales/berms, sand fence, etc). t. Form DCM-MP-I APPLICATIO (To be completed by all applicants) 1. APPLICANT a. Landowner: Name County of Dare City Manteo State NC Zip 27954 Day Phone Fax b. Authorized Agent Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone (919) 441-0239 Fax (919) 441-0721 c. Project name (if any) Manus Harbor Boat Basin Oregon Inlet Waterways Commission (95=033) NOTE. Pernut will be issued in twine of landowner(s), and/or project mnie. 2. LOCATION OF PROPOSED PROJECT a. County b. City, town, community or landmark Manus Harbor e. Street address or secondary road number .SR 1110 (Old Ferry Dock Rnsd) 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) Croatan::Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. mninrpnanra rirerigiing b. Is the proposed activity maintenance of an existing project, new work, or both? maintenance c. Will the project be for public, private or commercial use? public 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. Maintenance dredging of the access canal from Croatan Sound to Manus Harbor Boat Basin will be accompl= ed by hydraulic dredge. The 12rnj r�vil' allow continued access by commercial fisherman. Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 80' x 250' b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL +/— 3' d. Soil type(s) and texture(s) of tract sandy loam e. Vegetation on tract scrub thicket f. Man-made features now on tract ft shim shacks storage and dipping rats g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation X Transitional _ Developed Community Rural Other h. How is the tract zoned by local government? 1. Is the proposed project consistent with the applicable .zoning? X Yes No (Attach zoning compliance certificate, f applicable) j• Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes —No Coastal (marsh) X Other X If yes, has a delineation been conducted? No (Attach doetunentation, if available) in. Describe existing wastewater treatment facilities. N/A: 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.) None o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stornhnvater 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 (tie 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 rorni, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone see attached • A list of previous state or federal permits issued fur 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 tile costs of procoesing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas_ • Astatement of compliance with the N.C. Environmental Policy Act (N.C.G.s. t I3A - 1 to IO) If the project involve.% the expenditure of public funds or use of public lands, attach ;; statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 6. CEItTMCATION 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 die best of my knowledge. This is the 22nd day of Sept. , 1995 . Print Name George H. Wood Signature 1 Landowner or Authorized Agient 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 attadunent in the space provided at the bottom of each form. TOTAL P.05 Form DCM-MP-2 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 shoreline stabilization) Revised 03195 Average Final Existing Project Length width Depth Depth 675' 513' 35.5' 29' —5.5' —5.7' —7' —6' 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 149.6.30 b. Type of material to be excavated sand and silt 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 N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Benny Ri000n property b. Dimensions of disposal area +/— 230' x 65' x x 10' c. Do you claim title to disposal area? Yes X 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 e. Does the disposal area include any coastal wetlands (marsh), 5AVs or other wetlands? Yes X No F. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N/A Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance %vaterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of injonmrion) f. Type of bulkhead or rprap material g. Amount of fill in cubic yards to be placed below water level (I) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) N/A a. Will fill material be brought to site? Yes No Revised 0319S b. If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill Will fill material be placed in (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area _ (2) Purpose of fill 5. GENERAL coastal wetlands a. How will excavated or fill material be kept on site and erosion controlled7 spoil placed in diked disposal area smoothed and grassed. b. What typo of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? hydraulic dredee 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. taro CoupLy Oregon In'! At WatPrvayc Appnca or Project Name ommission 95-055 ,; latnre IJ 9/22/95 Dale 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 February 13, 1996 County of Dare (OIWC) -- - - - - - R_O.-Box_-1.000 - - -- Manteo, NC 27954 Dear Sir: , , A MAI C) FEE HNF1 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. arker, 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 50%recycled/ 10% post -consumer paper y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dare County/ OIWC/ Manns Harbor Boat Basin 2. LOCATION OF PROJECT SITE: Man-made canal off Croatan Sound, adjacent to Old Ferry Dock Road in Manns Harbor, Dare County. Photo Index - 1989: 56:2 N, 0, 'P, Q-18 1984: 150:530 I, J, K, L-18 State Plane Coordinates - X: 2956600 Y: 800300 3. INVESTIGATION TYPE: LAMA/ D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/15/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 11/l/95 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, ES, PT (C) Water Dependent: Yes (D) Intended Use: Maintenance Dredge for commercial fishing operations and public access (E) Wastewater Treatment: Existing - Septic Planned -None (F) Type of Structures: Existing - Fish house, docks, net houses, and boat ramp Planned -None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Water Habitat 44,793 sq.ft. (C) Upland Spoil Site 13,800 sq. ft. (D) Total Area Disturbed: 58,593 sq.ft. (1.34 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Maintenance dredge a man-made canal with a turning basin and access channel, adjacent to Old Ferry Dock Road into the Croatan Sound. Current average depth of the turning basin is 5.5' below NWL, proposed depth is 6' below NWL. Average depth of access channel is 5.3' below NWL, proposed depth is 7' below NWL. Located adjacent to Benny's Seafood in Manns Harbor, Dare County. Dare County/ OIWC/ Manns Harbor Boat Basin Bio Report Page 2 Site Description The proposed dredge project is located along a man-made canal in Manns Harbor, adjacent to Old Ferry Dock Road (SR 1110) in Dare County. The canal is lined with docks, shacks and net houses on the southern bank which terminates in front of Benny's Seafood and boat dock. Submerged boats are located along the southern edge of the canal adjacent to some of the docks and one net house has collapsed into the canal. Much of the docking facilities along the canal are in a state of disrepair. Located near the mouth of the canal, next to the old Croatan Ferry Dock, is a public dock and boat ramp. Along the north bank of the canal, extending from the mouth of the canal approximately 950', is vacant land consisting of both high ground and marsh. Plant species along the high ground area include, but are not limited to, Loblolly Pine (Pins taeda), Wax Myrtle (Myrica cerifera), Silvering; Groundsel-tree (Baccharis halimifolia), and Sea Ox-eye (Borrichia frutescens). Towards the mouth of the canal is a marsh primarily consisting of Black Needlerush (Juncus romerianus). The canal turns in a northeasterly direction and runs past Benny's Seafood, this portion of the canal is not included in the dredging project. All dredging will be confined to the main canal extending from the sound along Old Ferry Dock Road to the south side of Benny's Seafood. Located across the canal from the fish house is a high ground area that was used as a dredge spoil site when the canals were originally dug. The high ground area is where the spoil material will be placed should the permit be issued. The proposed site is currently used to ,store crab pots, nets, vehicles and net poles. A 20'x 30' net house and two storage containers located on the site will be removed in order to accommodate the spoil retention area. The high ground site is approximately 250'x 80' and has a long dock lining the northwest bank, across from Benny's Seafood. Plant species found in and around the proposed spoil site include, but are not limited to, Loblolly Pine, Wax Myrtle, Sea Ox-eye, Black Needlerush, Partridge Pea (Cassia fasciculata), Common Reed (Phragmites communis), and Straw Colored Umbrella Sedge (Cyperus strigosus). The project divides the canal into two sections: 1) The turning basin; and, 2) access channel. According to staff findings water depths range from 4.5' to 6' in the turning basin and 4.16' to a connecting depth of 8' in the access channel. The total length of the turning basin and channel is approximately 1188'. The turning basin has an average width of 36' and the channel has an average width of 39'. The application states that the average width of the turning basin is 29' and the channel is 35.5'. It should be noted that while no submerged aquatic vegetation was specifically found in the water, Eurasian Water-milfoil (Myriophyllum spicatum) was found in the rack line along the bank. Proposed Development Dare County and the Oregon Inlet Waterways Commission proposed to hydraulically dredge a canal and channel accessing a commercial fish house, several small independent fishing 1 I Daze County/ OIWC/ Manns Harbor Boat Basin Bio Report Page 3 operations and a public access in Manns Harbor. According to the application and plan submitted 165.3 cubic yards of material will be dredged from the turning basin and 1,331 cubic yards will be dredged from the access channel, for a total of 1,496.3 cubic yards of spoil. The spoil area is noted in the application as being approximately 230'x 65'x 10' with a holding capacity of 3,422 cubic yards. The "Area of Environmental Concern" that will be disturbed for proposed spoil retention site is estimated at 14,950 square feet, while the area of shallow water habitat that will be disturbed is estimated to be 38,839.5 square feet. Staff calculations indicate slightly different figures noted above, but they do not appear to be significantly different. Per field verification the average depth of the turning basin is approximately 5.5' deep with an average width of 36'. The width of the dredge channel was calculated at 27.66', taking into consideration the side slope and the average width of the turning basin (See Work Sheet #1). Based on those figures it was estimated that 251 cubic yards of material will be dredged from this -section of the canal. The access channel was determined in a same manner by calculating the average depth of 5.3' , the average width of 39' and the dredge channel with (in consideration with the slope). The resulting width of the access channel bottom was determined to be 32'. Based on these figures it was estimated that 1,360 cubic yards of dredge material will be removed from the access channel. The result of the staff analysis indicates a total of 1,611 cubic yards of spoil being generated from the total project and will disturb a total of 44,793 square feet of shallow water habitat. The spoil retention area was also calculated in a manner that differed slightly from that submitted by the applicants agent, but indicates that the necessary holding capacity can be provided. The proposed site is approximately 250'x 80'. By calculating the size of the berm, which is 10' feet high at a 1:1 slope the resulting base is 20' wide (See Work Sheet #2). For the purpose of determining the actual holding capacity the berm is calculated at a width of 15' as noted on work sheet #2. The width of the berm (15') in conjunction with a reasonable setback from NWL (10) significantly reduces the area available for the spoil material (See Work Sheet #3). The maximum "free" area is 200'x 30'x 8', which results in 1,777.77 cubic yards of holding capacity. The total area to be disturbed within the AEC landward of the canal will be approximately 13,800 square feet (230'x 60% including the berm. Anticipated Impacts The project will result in the disturbance of approximately 44,793 square feet of shallow water habitat and 13,800 square feet of high ground located within the Area of Environmental Concern. Although not specifically found during the field visit there is indication that some submerged aquatic vegetation may be present in the project area. There will be some localized turbidity associated with the project. The spoil material generated will be placed on a high ground site adjacent to the canal being dredged. Effluent will be piped to the site and held until suspended solid have settled, at which time the water will be drained Dare County/ OIWC/ Manus Harbor Boat Basin Bio Report Page 4 back into the canal. No specific information was submitted indicating settling time prior to the reintroduction of the water into the canal. In order to accommodate the proposed spoil area the high ground area will be cleared of debris located on the site. The proposed dredge activity will provide improved access to commercial and recreational boaters along the canal. A desirable impact may be the removal of a considerable amount of debris currently located in the canal. CAMA Review and Consistency The canal in question is classified as "joint waters" by the Wildlife Resource Commission and Marine Fisheries, and the water itself is classified as SA by the Division of Environmental Management. No primary or secondary nurseries are located in or near the proposed project. The project is located in public trust water (PT), estuarine water (EW) and will effect estuarine shoreline (ES) which are all "Areas of Environmental Concern". No unique remnant species, geologic formations or archeological sites are known to be associated with this particular site. Submerged aquatic vegetation is evident in the area of the project site and will be impacted by the work to be preformed. The National Wetland Inventory Map provided by the Department of the Interior classifies the high ground area as upland (non - wetland). The Dare County Soil Survey classifies the soil in the area of the spoil site a psamments (PsB), indicating that most or all of the natural soil has been disturbed or covered. The 1994 Dare County Land Use Plan classifies unincorporated areas located in CAMA AEC's such as, but not limited to, estuarine waters, public trust waters and wetlands as "Conservation". The purpose of the conservation class is to provide for the long term management and protection of significant, limited or irreplaceable areas. The conservation class applies to the high ground spoil site being proposed as well as the canal and channel. Dare County advocates the routine maintenance of all existing navigable channels and will work to secure permit authorization whenever possible (p.89). The county also supports the preservation and protection of the public's right to access and use public trust waters (p. 54). Submitted By: Lynn W. Mathis Date: November 14, 1995 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. George Wood Environmental Professionals, Inc. P. O. Box 3368 Kill Devil Hills, NC 27948-336E Dear Mr. Wood: 1 0 WA [DEHNFR February 16, 1996 0�Ogg6 F t����EcatiNj I have reviewed your February 14, 1996 dredging extension request with resource specialists within both DCM and DMF. After careful consideration of the various agency opinions I have concluded you have a compelling need for a dredging period extension. Therefore, I hereby authorize the extension of the dredging season to midnight February 29, 1996 for the projects permitted by CAMA Permits #10-96, #11-96 and #18-96. Any dredging period extension beyond this date will be water temperature/biological activity dependent. A copy of this authorization should be attached to each of the affected permits. All other conditions, notes and deadlines remain in effect. Best of luck and please keep me informed of your clients progress. Sincerely, Richard L. Watts District Manager RLW/dc cc: VSJ Parker.;vv P. Pate H. Johnson J. Meads, LPO File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AHlrrnaHve Action Employer 50% recycled/ 10%post-consumer paper - DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Dare County/OIWC/Manes Harbor Boat Basin COUNTY: Dare LOCATION OF PROJECT: Canal off Croatan Sound, adjacent Old Ferry Dock Rd., Mans Harbor DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/01/95 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: 9I-11 a beo bs-- B) DATE APPLICATION RECEIVED IN EIGH: FEE REC'D: $ PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: r I S 0 150 DAY DEADLINE: — J MAIL OUT DATE: �I Q — q r STATE DUE DATE: FEDERAL DUE DATE: Z 10 Fr FED. COMMENTS REC'D: \ PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance U Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History / S ` __9 11 .0 Div. of Env. Health q V Div. of Highways Wildlife Resources Commission Div. of Water Resources b Div. of Marine Fisheries _ 0 _ State of North Carolina Department of Environment, 10 A Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director Iu10ISCal IL001Ir1QM TO: John Parker, Jr. FROM: Lynn W. Mathis SUBJECT: Recommendations for Dare County/ OIWC/ Matins Harbor Boat Basin CAMA Major Permit DATE: November 17, 1995 I would like to recommend approval of the above permit with the following conditions: 1) In order to protect juvenile finfish populations, no excavation will be permitted between February 1st and October 31st of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Excavation will be conducted below the mean high water level only. 3) Excavation will not exceed 6 feet below they �° water level in the turning basin and 7 feet in the access channel as requested. 4) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. �,5) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the normal water level to prevent gully erosion and unnecessary siltation. g 6) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. 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 John Parker November 17, 1995 Page 2 7) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 8) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr, George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Mr. Wood: Re: ann's arbor Boat Basin dredging Daz my DEM #951263 & r �tttL �EHNFit qJa'nuary 1996 As a followup to our recent telephone conversation, an onsite survey for submerged aquatic vegetation (SAV) will be needed before DEM can issue the required 401 Water Quality Certification for this project. If SAV's are present, an attempt must be made to minimize this impact in order to protect the aquatic life function of this vegetation. Until the survey is complete I hereby request that the Division of Coastal Management place the project on hold due to incomplete information. I can be reached at 919-733-1786 if you have any questions. Sincerely, JoPR.mey cc: Washington DEM2iegional, Office C Central Files P.O. Box 29535, Raleigh, North Carorna 27626.0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-coruumer paper E:.- In=. Tit 1919"331495 tell SCi u.. ?'-aa59 an 30 '96?4 « Post -it, 7E7t "'' State of North Carolina _ °``�l e6�p.39e5► Department of Environment; Health and Natural Resources C°':ept -_ Division of Environmental Management Pn°nsa v ---- Phone0 James 6. Hunt, dr•, Governor — Jonathan B. Howes, Secretary A. Preston Howard, Jr., U., Director. lan 30, 1 6 bare .o DElvl Project u 951263 COE #199601026 APPROVAL Of 4,1,1 r Quality CertifkAmn and ADDI110NAL CONDTTfQNS County of Dare PA. Sox 1000 Maniac, NC 27954 Dear Sirs: You have out apt wval to dredge an exiapnt; `,asin and aca,aa Owi '•cl :;i = : I square feet of watc,s at !Mann,- Hayboor Boar Basin, as you dcscribcd in von ?7rlirat c u , d.. N�,uiber 1995, AP,:r review;ne your application, we have deeliied that this i :atcrad h:. -r '01 Farr: ,qua';r C^rificatlor, Number 3025. T is approval, is only valid for the purpose, and desigr that you denri.• ,ur application. if you i-Mic your pr,yjoet, you must notify us and Noi nay be required to send u,, . n.w application. For this ;T cval to be valid,_yeu t1tu91 f0116W the condicinns listed in the attached cernfiCAWI At le.asl a ta0 �t free heard 6iW1 be maintained in the diked . 'nsal basin at all tithes. Which will probably require s�tr. in three phases. 11 addition, you shoal_ ny other federal, state or local permits before you aheiv' with your project If ;ou do m.tt accept any of the rondidons,of dns ceruticstion, you may ask ?djudicatory hearing Y" must act wlchln 60 dayr -.r tlic date that you receive this letter. Jo ;r a hearing, sand a write❑ peridon which confonns to Capxxr 150E of the North Carolina General S[etuieg to the Ofi; e of Adnitnistrauve Bearings, P.O. Box 27447, Raleigh, N.C. 27oii-7447. This Certification and its Cc11d1Ul':ly ate final arnl binding unless you ask for it hearing. This letter completes the review of the Division of Envirorunc sal Alana� c,r, under Section 401 of the Clem WAWr Act. If ;vu trig: aa; quoQns, please ickphone John Dorney at 919-733-1,U, Sincerely, A. vr.ston Howard, Jr. Y.E. 4rfschnient WilmiPjtor. lh"tr;rl Chips ;:1 to"meters Corps of Fn .. X shirgton Fiald Of!i:a Vdaslmglon DEM Regional OfC _ Mr. John Dorney Central Files John Parker; DCM rkorYe Wood: Envc' :: nl 1'r.:�- 951263.1tr r e-1a' S- @ices 9'S-cr' .: - :.:. :.'ear NG i 7n, , 4 S t 9.7:.' 1786 FAX ft 7-, -??59 r -State of North Carolina 'Department of Environment, PIMA Health and Natural Resources A&4;*A Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N F1 Roger N. Schecter, Director November 28, 1995 678 f0 I o DEC 1995 MEMORANDUM m t "' Caraalipp u� TO- Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator DEC z 41g9s 00 l;UlQIAL SUBJECT: CAMA/DREDGE & FILL Permit Application Review MANAGEMENT APPLICANT: Dare County/OIWC/Manns Harbor Boat Basin PROJECT LOCATION: Canal off Croatan Sound, adj. Old Ferry Dock Rd., Dare Co. ROPOSED PROJECT: Maintenance dredge canal with a turning basin & access channel. Please indicate below your agency's position or viewpoint on the proposed and return this form by December 20, 1995. 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 I y - I ) attached comments. Signed � ), �" Date Z —ZO—q 5� I NC wp-,( 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%postconwmer paper - _„ 4-- ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director Xflduvrf' I TO: John Parker, Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: William Wescott, Coastal Coordinator Habitat Conservation Program DATE: December 20, 1995 SUBJECT: CAMA/Dredge and Fill Permit Application for Dare County/OIWC/ Manns Harbor Boat Basin, Dare County. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fishery resources in the area. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128). The applicant proposes to maintenance dredge a man-made canal with a turning basin and access channel, adjacent to Old Ferry Dock Road into the Croatan Sound. Current average depth of the turning basin is 5.5 ft. below NWL, proposed depth is 6 ft. below NWL. Average depth of access channel is 5.3 ft. below NWL, proposed depth 4s 7 ft. below NWL. The total area of shallow water habitat to be disturbed will be 44,793 ft (1.03 acres). The disposal site will be a high ground area that was used as a dredge spoil site when the canals were originally dug. The waters at the site are classified SA by the Division of Environmental Management and are closed to the harvest of shellfish. The primary adverse impact anticipated to result from the project is turbidity associated with dredging. Elevated turbidity could reduce water quality in this area and stress marine organisms. Excessive turbidity is particularly damaging to egg and IaNa( )!f sta es of marine organisms. Waters at the project site are classified as SA wit a possible pre SAVs. Therefore, we recommend that dredging be prohibited betwe April 1 and September 3 Thank you for the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. W W/fm Kt�Lo 19g5 MEMORANDUM TO: JOHN R. PARKER, JR. FROM: Sara Winslow DATE: 29 November 1995 SUBJECT: DARE COUNTY/BOAT BASIN DARE Applicant County Attached is the response to the above application. If I can be of further assistance, please let me know. gm /attachment(s) • State of North Carolina Department of Environment, FlwA Health and Natural Resources 4 • A Division of Coastal Management James B. Hunt, Governor Bp E H N R Jonathan , Howes,�Secretary Roger N. Schecter, Director November 17, 1995 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dare County/OIWC/Manes Harbor Boat Basin Project Location: Canal off Croatan Sound, adjacent Old Ferry Dock Road, Manes Harbor Proposed Project: Maintenance dredge 513' to a 6' depth in the boat basin and 675' to a 7' in the access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 8, 1995. If you have any questions regarding the proposed project, please contact Lynn W. Mathis 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. \V 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 atta- ed comments. Signer Date J/- 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 State of North Carolina Department of Environment, IPWAA Health and Natural Resources 1 Division of Marine Fisheries James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Bruce L. Freeman, Director 01_4,31 ' "w1 u TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: Maury Wolff, Permit Review Coordinator FROM: Sara E. Winslow, Biologist Superviso)�� SUBJECT: Dare County/OIW s Harbor t Basin Proposal DATE: 22 November 1995 The following comments by the North Carolinq. Division of Marine Fisheries are provided pursuant to General Statute 113-131. This agency approves of this project with the following modifications. Croatan Sound functions as a nursery area for spot, croaker, spotted seatrout, weakfish, shrimp, blue crabs and other commercially and recreationally important species. The waters immediately to the project site are SA waters, closed to shellfishing. Oyster resources occur in the Croatan Sound area. The Division is concerned with the impacts to 44,793 square feet of shallow water habitat, even though this is maintenance dredging. Significant turbidity will result from the dredging, which could impact fish and invertebrates in the area. The proposed depths should not exceed the connecting depth. This agenc ests a dredging mora on1 �tated with the excavation. The time is 15 February Seemfr s ensure the environmental integrity of the nnect„ring_cficmgebythe previously mentioned species. The Division would also recommend that the work begin at the upper end and work toward the mouth. Adequate settling time must occur within the spoil disposal site to assure that the effluent is free of turbidity. This could be critical during times of high biological productivity. 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 5L. 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 December 13, 1995 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator I DFEE HNR SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Dare County/OIWC/Manns Harbor Boat Basin PROJECT LOCATION: Man-made canal off Croatan Sound, adj. Old Ferry Dock Rd., Manes Harbor, Dare Co. PROPOSED PROJECT: To maintenance dredge a man-made canal with a turning basin and access channel . 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 investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed Date 9� P.O. Box 27687, Rdeigh, North Ccrorina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Acfion Employer W%recycled/ 10%postconsrmer paper State of North Caru„na 'Department of Environment, -Health and Natural Resources 1 • Division of Marine Fisheries AL James B. Hunt, Governor ID E H N F� Jonathan B. Howes, Secretary Bruce L. Freeman, Director 19 December 1995 TO: John Parker FROM: P.A. Wojciechowski- /�- SUBJECT: CAMA/Dredge and Fill Permit Application for Dare County/OWIC/Manus Harbor Boat Basin A review of the subject application has been completed. The following comments are provided for your consideration. The deed recorded in book 785 at page 460 conveys property into Benjamin H. Rippons, Sr. and wife Diana L. Rippons. However, the descriptions does not cover the spoils area shown on the attached map. In addition, the attached map references Old Ferry Dock Road, SR 1110, along Benjamin Rippons line. This reference to SR 1110 is incorrect and should be changed to SR 1111, see marked area on map. If the spoil area was created from previous dredging operations, the property is vacant and unappropriated lands. Consequently, it belongs to the state of North Carolina and permission to spoil- on said island must come from the state_ property office, in the wav of an easement. In addition, the reference on the map to the spoils disposal area property of Benjamin Rippons is incorrect and should he deleted. PAW/bc P.O. E-x 769, M•.•=',ead City, Nor l) Car)Ihta 2E"7 : Telephone 919-7- 7021 FAX 9-9 726-0_e! An Egca GrvP rtmvty Affi,mwi,,; A.:tton E...:. -..- E9",. 1.);� r .,'11-11 ,1 ... r _Mate 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 December 12, 1995 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator IL F WA [DFEE HNR SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Dare County/OIWC/Manns Harbor Boat Basin PROJECT LOCATION: Man made canal off Croatan Sound, adj. Old Ferry Dock Rd in Manns Harbor, Dare Co. PROPOSED PROJECT: To maintenance dredge a man-made canal with turning basin and access channel to Old Ferry Dock Road into the Croatan Sound, 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 investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Date 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 I State of North Carolina Department of Environment, Health and Natural Resources / • Division of Marine Fisheries �y A� James B. Hunt, Jr., Governor p E H N Ri Jonathan B. Howes, Secretary Bruce L. Freeman, Director 19 December 1995 RECCIVE0 eEMORANDIIM DEC ,?U 1995 GUA41AL TO: John Parker MANAGEMENT r FROM: P.A. Wojciechowski SUBJECT: CAMA/Dredge and Fill Permit Application for Dare County/OWIC/Manrif Harbor Boat Basin A review of the subject application has been completed. The following comments are provided for your consideration. The deed recorded in book 785 at page 460 conveys property into Benjamin H. Rippons, Sr. and wife Diana L. Rippons. However, the descriptions does not cover the spoils area shown on the attached map. In addition, the attached map references Old Ferry Dock Road, SR 1110, along Benjamin Rippons line. This reference to SR 1110 is incorrect and should be changed to SR 1111, see marked area on map. If the spoil area was created from previous dredging operations, the property is vacant and unappropriated lands. Consequently, it belongs to the state of North Carolina and permission to spoil on said island must come from the state property office, in the way of an easement. In addition, the reference on the map to the spoils disposal area property of Benjamin Rippons is incorrect and should be deleted. PAW/bc 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 November 17, 1995 ,n a.. • ::.i, B I AT ?F [DEHNFR TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dare County/OIWC/Manes Harbor Boat Basin Project Location: Canal off Croatan Sound, adjacent Old Ferry Dock Road, Manns Harbor Proposed Project: Maintenance dredge 513' to a 6' depth in the boat basin and 675' to a 7' depth in the access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 8, 1995. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. / This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. T s age jects to the project for reasons described in the to com ts. �7 7 c Signed Date 1( 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper VP State of North Carolina Department of Environment, Health and Natural Resources • VA Division of Coastal Management 0-9 - va James B. Hunt, Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director C November 17, 1995 jlt 995 tj gtr ENT �i•L•a�r.1��3� TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: LAMA/DREDGE & FILL Permit Application Review Applicant: Dare County/OIWC/Manus Harbor Boat Basin Project Location: Canal off Croatan Sound, adjacent Old Ferry Dock Road, Manns Harbor, Dare County Proposed Project: Maintenance dredge 513' to a 6' depth in the boat basin and 675' to a 7' depth in the access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 8, 1995. If you have any questions regarding the proposed project, please contact Lynn W. Mathis 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. signed AeLil Date // i' S1_ 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AMrmative Action Employer 50% recycled/ 10% post -consumer paper DIVISION OF LAND RESOURCES LAND QUALITY SECTION MEMORANDUM TO: John R. Parker, Jr./Stephen Benton Major Permits Processing Section Division of Coastal Management FROM: Patrick H. McClain Assistant Land Quality Regional Engineer —Washingtongional Office SUBJECT: This office will require that: 1. The area be properly graded. 2. A permanent ground cover sufficient to restrain erosion be provided on all exposed areas within the shorter of �s -3-& working or -1-26 calendar days after project comple- tion. Go —Y-3. The exterior slopes of the disposal area dikes be at an angle no steeper than 1 1/2 H: 1 V. �4. Appropriate erosion and sedimentation control devices, measures, or structures be used to prevent sediment from entering the adjacent wetlands/watercourses/ property (e.g., silt fence, diversion swales/berms, sand fence, etc.). 5. A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any phase of grading on cut or filled slopes. 6. An erosion and sedimentation control plan be submitted at least 30 days prior to initiation of land -disturbing activities. 7. Additional information concerning the area of the land- ward disturbance be submitted to determine if an erosion control plan is re'q/aired. 8. Other / - �d.�r ✓ "Aw 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 November 28, 1995 MEMORANDUM WA 1\ .: 1:3FEE HN1=1 TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dare County/OIWC/Mans Harbor Boat Basin PROJECT LOCATION: Canal off Croatan Sound, adj. Old Ferry Dock Rd., Dare Co. PROPOSED PROJECT: Maintenance dredge canal with a turning basin and access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 1995. 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. REPL�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 5 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer 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 November 28, 1995 MEMORANDUM A74.�' ED FE P1 TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator RECE VE0 DEC 20 1995 COASCAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dare County/OIWC/Manns Harbor Boat Basin PROJECT LOCATION: Canal off Croatan Sound, adj. Old Ferry Dock Rd., Dare Co. PROPOSED PROJECT: Maintenance dredge canal with a turning basin & access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 1995. 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 vV 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. s to the project for reasons described in the Date ,4 �! S P.O. Box 27687. Rcieigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, ,Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 28, 1995 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History A IVA 'T �A 00 EDEHNR FROM: John Parker, Jr. Major Permits Processing Coordinator �EC� EO DEC 19 1995 MW PAWA ME T SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dare County/OIWC/Manns Harbor Boat Basin PROJECT LOCATION: Canal off Croatan Sound, adj. Old Ferry Dock Rd., Dare Co. PROPOSED PROJECT: Maintenance dredge canal with a turning basin & access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 1995. 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. O Signed fV,7U Date�/S 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 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 November 28, 1995 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources rwEO 4 J g 159fo N C) FEE HNFl FROM: John Parker, Jr. Major Permits Processing Coordinator h� DEC 4 `1M 'DMS10N Gf1NAFURREBOURS'M SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dare County/OIWC/Manns Harbor Boat Basin PROJECT LOCATION: Canal off Croatan Sound, adj. Old Ferry Dock Rd., Dare Co. PROPOSED PROJECT: Maintenance dredge canal with a turning basin & access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 1995. 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 w Date ��fl P.O. Box 27687, Rcieigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper "Af 1 19 ' 96 06: 07PI'1 P.3 ----State of North Carolina "Department of Environment, Health and Natural Resources Division of Coastal Management + (� i ro)'!� James B. Hunt, Jr., Governor 1� n�)il Jonathan B. Howes, Secretary / , Roger N. Schecter, Director I •'y November 28, 1995 RE C E V D DEC f: 'i Cil: i tirf w.lm(.EMoxA�NDuivl �� TO: Ms. Linda Sewall Director R r � ; _ „ t Division of Environmental Health ` FRO.K. John Parker, Jr. Major Permits Processing Coardtn�tgr of Et+it ifillfalLr. _At } c/iLTri SUBJECT: C.AMA/DREDGE & FILL Permit Application Review APPLICANT: Dare County/01WC/Manus Harbor Boat Basin PROJECT LOCATION. Canal off Croatan Sound, adj. Old Ferry Dock: Rd., Dare Co. PROPOSED PROJECT: Maintenance dredge canal with a turning basin * access channel. Please indicate ho o a� position or viewpoint on the proposed project and return this form by .f, 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] �G �LjZDate fit �- �`c921 G�c-�cE, f .2Z1��Yic. rd ��.l.�-c.Tr�� �11.��.�d-r�7• r f/�� c���jG� C��?'`•=='�'! P.O. Box 27687. R sigh. North Crfolina 27611.7687 T©lephone 919-733-2_�93 FAX 919-733-1495 An Equal Opportunity Affirmative Acrion Employer SCM, recycled/ 10%post-consurner paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director A1, •�' E)1E F=?L January 30, 1996 8 Dare County COE #19960102 pea £Se/UEO APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIO to MgNq MEN County of Dare P.O. Box 1000 F Manteo, NC 27954 Z Dear Sirs: You have our approval to dredge an existing basin and access channel in 44,793 square feet of waters at Manns Harbour Boat Basin, as you described in your application dated 30 November 1995. After reviewing your application, we have decided that this till is covered by General Water Quality Certification Number 3025. 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. At (east a two foot free board shall be [haintained in the diked disposal basin at all times which will probably require dredging in three phases 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 a 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, 0'esto'Inard,?J( Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files John Parker; DCM George Wood; Environmental Professionals 951263.Itr 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/10% post consumer paper REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 February 27, 1996 Regulatory Branch Action ID No. 199601026 and State Permit No. 18-96 County of Dare/Manes Harbor Boat Basin Post Office Box 1000 Manteo, North Carolina 27954 Dear Sirs: Reference your application for a Department of the Army (DA) permit to undertake maintenance dredging activities within an existing basin and access channel, located off State Road 1110 (Old Ferry Dock Road), adjacent the Croatan Sound, Manns Harbor, Dare County. 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 Regulatory Project Manager Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- RfceivED MAR °' Cons A1996 J 7AANAGEtAElVT 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 D' ision 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF January 2, 1996 Regulatory Branch Action ID No. 199601026 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 the County of Dare, OIWC for a Department of the Army (DA) permit to undertake maintenance dredging activities within an existing basin and access channel, located off State Road 1110 (Old Ferry Dock Road), adjacent the Croatan Sound, Manns Harbor, Dare County. 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. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands. 3. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 4. Excavation will not exceed 6 feet below the elevation of mean low - water (MLW). 5. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6. 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. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 -2- �. 8. 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, RaleigH Bland Project Manager Regulatory Branch 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 Me. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 -3- 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 ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 2S402-1SW REPLY TTEN ATTEN0 al IgaS ATION OF N DVvrn ey � Regulatory Branch Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Ms. L. R. (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: ' REcEivED NOV 221995 50Y MANAGEMENT Dave CoVIAL are Type work MrAll L 4114a _an Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleig/h�, North Caro�jina 27611-7687 i`ZA Regional Office Division of Coalstal Management North Carolina Department of Environment, Health and atura Res rce Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. our commentsand/or recommendations would be appreciated on or before u) I� t5 Questions or comments may be addressed to b Regulatory Branch, M Field Office, telephone (q�q ) I g15V b Sincerely, Enclosure G. Wayne Wright Chief, Regulatory Branch PmMtl m MRWVdW Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF November 30, 1995 Regulatory Branch Action ID No. 199601026 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of the Dare County Oregon Inlet Waterways Commission for Department of the Army (DA) authorization and a State Water Quality Certification to undertake maintenance dredging activities within an existing basin and access channel, located off State Road 1110 (Old Ferry Dock Road), adjacent the Croatan Sound, Manns Harbor, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean water Act, end we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 20, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23, Sincerely, Raleig Bland Project Manager Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): 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 State of North Carolina Department of Environment, Health and Natural Resources 1 Division of Coastal Management James B. Hunt, Governor p FEE N F 1 Jonathan B. Howes, Secretary, Roger N. Schecter, Director January 17, 1996 - -- ------ ert ---- -- Chairman ---------------- --- --- Mr. Robert Williams, Chairman --- Dare County Oregon Inlet Waterways Commission P. O. Box 1000 Manteo, NC 27954 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and State Dredge and Fill permit to carry out development on property located adjacent to Old Ferry Dock Road in Maims Harbor, Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make March 31, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, John . Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: L. Mathis DCM--Elizabeth City 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 i ^pla po -��-r loll. F r co I�if E7. pt�lM- 7 r� /�jPLIcAA-r Mqj,m7clum Z5' (mrt2coa r-vw- 6K401t', i Flo t�Iq1r;r, a►rsttX-- c v �� 4 � .. .. ly SR l� 1ST .-.�f�,.�i'i�1 a s:.- h^.. o+rb II NAFY.';EF II.`-. .. a '-?Ytgy? -l9p4y2 :NING BASIN -ESSCHANNEL 5•/5.5' 6'/6.V 4'/4' 4./4' /4' /ss• '/55, /4.5' FLS' /2S .5' .5'+ X:117 X �i o ti 7S i t (Jul SvG�'� pfZEO .B .: ':.:. Ho ua`� 5 i ISPOSAL AREA �� 8� . -•y}. .• . v s PROPERTY _ C CAEH OLMES HEIRS 3 2 PROPERTY OF - :'+'..::'. - V.9+v5 °LL CLAUD MIDGETT PRO Ty OF ���jjj RICHAAAAAARD SPICER Sbfa> .: _ O of IRA SPENCEROP P ~ CER• I ilktit 4 STf�Dt�S Y 0 Ck R0 5 ,. .. q0. 0 b GUILDA EPPS " �1 x. 5'X-�{QO� t Z- �.7�s yJ F 0 OI �V MAINTENANCDGINGPROJECT EC N 0 R -0 ��TLET �+1�AT�R�VA�� ; C C ACCESS CHANNELr� f1� I1IRNING BA9N�Sl�` AWL MANNS HARBQR `` DARE COUNTY " F — c' AVERAGE DEPTH NWL ��� PROPOSED.DFPTH ,_57 N �� 5.+6 b 55 _s �$CALE. PROPOSED -DEPTH.;;! ,, p T LENGTH -OF CANAL^.'- ' 1675' LENC,TH'.OF; CANAL :— f513 v� AVERAGE-FHDTH'OF DREDGING: 35.5 AVERAGE-mWIDTH OF-DREDGING:=29' C1ti7 - zr'-PROJEC ._ED NG ..... AVERc cruco earn: .7F5.i CLI 'YT1C .1.J1] ry ;ON L-.r . State of North Carolina Department of Environment, Health and Natural Resources A7&A' Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director November 17, 1995 Mr. Robert Williams, Chairman Dare County Oregon Inlet Waterways Commission P. O. Box 1000 Manteo, NC 27954 Dear Mr. Williams: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located adjacent to Old Ferry Dock Road, man made canal off Croatan Sound, Manes Harbor, Dare County. It was received on November 1, 1995, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 15, 1995. 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 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AfNmative Action Employer 50% recycled/ 10% post -consumer paper November 17, 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, _ �f Lynn W. Mathis Field Representative IYL LWM/dc Enclosure cc: John Parker Richard L. Watts George Wood Certified Mail Na nrsurence Covttaec Pr.viJCJ Do not use for Intcrnationol Mail ..�— lscc Reversal s S,i . gWCFb%� ef4 :S m Mr. n ,r eM )1 •r'.ye �,0a �// � nIG mxn s :n N1rraR dlt PYnrvCC Gertdiell Mail N, InSu'ame, C"iflaso Prowicso gne Do not use for International Mail 1See Rovefsel all ' Poste I;ia�.,. �953 r e . /J N 6 y -7 r7 LrK. `A Jr' / Kxrm:rY w Cale Z 330 774 292 Receipt for Certified Mail Nu Insurance Coverage Plovlded !_ Do not use lot Interneoanel Mail ISen Rnvmsnl $rcl:r.�r0. Gr 5 0 " sr.'e era b. � T 0 To 11• .o.:d L'e:nry rue N a nane:r. LbFw. 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BoxF I� (S 7. �--. : q,] xvl� Lc.1��� IP ��$,,v� ❑Fmsr TIV' ❑9mm NeDA ai7it($ T..cn.acwl..l.r: .�pd4 e. sea.t,.<uem.s]eel L Anau...'.neel.0 th�n].3� •:.FO IM � ve1 F. t •..y ais tern 3Hii,ow.mba rust wAroalesutm DOMESTIC RE`OJ04;HES : f.<anaM n«w d.ar4AL INBr,l9 wjrGy�fp[ . a.Nr P••:r.a a/aM.rr Mmwwae4 Mrrwrwa �I.,', ...-':I�••ST man II'r WO myaW A I,E An��.romm Wl'a+•rW m.yw.aan tl,e Tr+]a.n; '1: ❑dlm - w„N "n.rwanllay.e-a W m.tiuwe+n rwi:..:Ir '. -�.[� gpy�b o].ylp � C .INvaunllr•N wMe.wWmm....a.�ea..rwwrr CoMtEpe110a1aI10.1 Po $a W V Mcu,kta fy^ a" ❑Taweie Wl. y. OM d 0eewa i bbb.vnu. IApprewoel B.,bisrr'$A 1 � f9 Fwm , Oecolrow 1891 eutaa,r►emne . UD�7} I ol�xrnr,tioxats,l>� _ _ Planning lot a better environment (919) 441-0239 November 2, 1995 Richard Spicer 7918 Ashton Street Alexandria, VA 22309 Dear Mr. Spicer. Attached you will find an application made on behalf of the Dare County Oregon Inlet Waterways Commission to dredge the Manns Harbor Basin which is adjacent to your property in Manns Harbor, NC. Should you have questions or comment regarding the proposed project, please contact me or the North Carolina Division of Coastal Management. I appreciate your consideration of this matter. Sincerely, < <� �,.� l�• d George H. Wood, CEP 95-055 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27949.3366 &MOribmJU PsOFESSIONAIS, INC. Planning for a better environment (919) 441-0239 I, Benny Rippons, have no objections to the Dare County Oregon Inlet Waterway's Commission dredging the basin and access canal which is adjacent to Benny'.s Seafood in Manns Harbor. Furthermore, I give Oregon Inlet Waterway's Commission permission to place the spoils on my property. I assume no liability for the excavation or the placement of the spoil material. Authorization: � r Benny Rippons PO Box 115 Manns Harbor, NC 27953 S� Date - ;0�n ; 95-055 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 EMOrKMALPBOFMONAIS,INC. Planning for a better environment (919) 441-0239 August31, 1995 This letter gives Environmental Professionals, Inc., authority to apply for permits on behalf of the Oregon Inlet and Waterways Commission. 3! S Signature Date P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 T D X W. M. MEB S, JR. & AC„C-_-.�.-INC. tmA Surveyors end PlarmpSS P.O. Box 1998 Fbnteo, NC 27954 Job No. mm-:>nz-9j HN (bbP^ I -••muuu•�- 1 � Su¢vcv �cit fll 2 �, i�ENN1' F'.1 PP�NS 61 "•o ,r wnY Noon �T G/.4L Cc.• LJA0�.1.aM J 1ff%-� �1 1 Bx78 .0`t63 t� "ATTACHMENT A".�--- > TO THAT DEED DATED DECEMBER 2, 1991, BY AND BETWEEN THE ESTATE OF RALPH G. REED, JR. AND FRIEDA REED, WIDOW, GRANTORS TO BENJAMIN H. RIPPONS, SR. AND WIFE, DIANA L. RIPPONS, GRANTEES 1.0 Vi Beginning at an existing iron pipe being in and marking the North margin olU right of way of North Carolina State Road 1111, a road with a 60 foot right of way, said point being known as the Southeastern corner of property now or formerly owned by Ralph G. Reed, at or near the North intersection of S.R. 1111 and S. R. 1110; running thence North 64 deg. 30 min. 15 sec. East 93.92 feet along the approximate center line of a canal; thence turning and running North 43 deg. 56 min. 24 sec. West 183.59 feet along a canal; thence turning in the middle of the canal South 85 deg. 02 min. 29 sec. West 77.86 feet; thence turning and running parallel with an 8 foot dirt road South 19 deg. 45 min. 36 sec. West 58.90 feet to an existing iron pipe in the North margin or right of way of S.R. 1111; thence running South 51 deg. 44 min. 51 sec. East 178.41 feet to the point and place of beginning. Same being that certain 20,000 square foot parcel of land as shown in that certain survey by W. M. Meekins, Jr. & Associates, Inc., Land Surveyors and Planners, entitled "Survey for Benny Rippons, Manns Harbor, Croatan Township, Dare County, North Carolina", dated November 8, 1991, and attached herewith for greater certainty of description. The foregoing conveyance shall include any and all property rights and interests the seller may have in that Declaration of Final Resolution of Claim to Submerged Lands issued by the Secretary of the North Carolina Department of Environment, Health and Natural Resources, through his designee, the Director of the Division of Marine Fisheries dated the 19th day of March, 1991, and recorded in Deed Book 744 at Page 455, Dare County Public Registry on March 21, 1991, which may be included within the legal description of the aforementioned property as described in that certain survey by W. M. Meekins, Jr. & Associates, Inc., Land Surveyors and Planners, entitled "Survey for Benny Rippons, Manns Harbor, Croatan Township, Dare County, North Carolina", dated November 8, 1991. Exception is made to a certain Deed of Easement made the 17th day of September, 1981 by and between Benjamin Houston Rippons, Sr. and wife, Diana Lee Rippons of Manns Harbor, North Carolina, parties of the first part, and Wildon Burton Craddock of Manns Harbor, North Carolina, party of the second part, as recorded in Deed Book 317 at Page 702, Dare County Public Registry on October 15, 1981. Exception is made to a certain Deed of Easement made the 17th day of September, 1981 by and between Benjamin Houston Rippons, Sr. and wife, Diana Lee Rippons of Manns Harbor, North Carolina, parties of the first part, and Norman Robert Craddock of Manns Harbor, North Carolina, party of the second B k 317 at Page 700, Dare County Public Registry part, as recorded in Deed 00 on October 15, 1981. - 'Y— ...•,:w.. v .r.. : -._..... ,:.. _. -�-. ......:.. .._.--a...t...�...1-..::_sly.�_sa..�ti4:,a�•�i..r:.]Y.�'_,_j___�s_� /ploy SEA,`\�. HAY•.� +J.7XXX,-l.J_QiL.(.r:!_-(_!L'f i��Gn�t .. C... tY✓City of ('a ;; ���ti Vomt rnbhr of the count and state aruremia. rent that -- e.Cca__R,..Hardeny-------- -- e j 'r ustee of the .Estate of-Ral h G.- Reed Jr. .! o.:Execut9r..S._Co=Tr...._ P----_• __,_-----_-_G • PVB---- Nationally appeared before me this day apd Of the execution of the forepoin' instrument. Witne C — $ O'. SSF%� /7 Yv L w •, •;• ,.hand and official stamp or seai, this ------ day of __December_______________ 19__Q�. ee RF •.......w.. \\c Q c� �l /99bS Q f!I COU1, \\r !tY commission expires: ___-__.�'�`��`,---- /------------------------------1`?Zr/� otarY u03� r�C beat. .•N\ / ___ fT ._.... _.- Y--C-,--(-`�'-----------Count./City of f ---%7ti e :.••.e D ,1, NNXXlL •.••' •• ••••, D01 1, a Notary Public of the County and Stare ,f.,e,aid, certify that VanRoos�er--------_--_ '(,��,•:, Co_Executor S Co -Trustee of R, _.`._...'.'.__...'.....of...the......Estate_..."......'...Ralph'."G..'._`_'eed-'_-.Jr. __..'__.__... Grantor. 0 G, pers0mlly appeared before me this day an ark uon'IedSed the execution of the foregoing instrument, Witness W :U • �• � hand and official stamp or >ral. this / 7 it,, of .--December ., 19 91. C,oi 1� Ps• )Iy eumntiesiun expires: ,/"��. y�1� �_ '- 'ota Public ... ......... .:oO.: U� tj60'TARv- Q . . � e r n: 72+9tY _ �r"_;got [.1itt. ►-SAY, xvxxz�xxantxCount)City of "Al_, m 1. a V..ury Public of [Ire county and Slate ar.rtrsaid, ec-rtifr that ..Robin.R.-Rooks.... .......... R GO-E�ecutor_ &_ Co -Trustee, of.. the.Estate of Ralph G: Reedt_ Jr, cantor, C pcnnn.11y appeared before me this day ,J knuwledged the cseW un of if., foregoing Instrument. lV ilness my Y+� ua g) hand ..it orrrim stamp //%nr�seat. [nisi �-J- day CnrQ.---Decembe�r�..-�-(--�-�.././^9�19._Q1. )f'(ommissiun ex piresl�rr•4.y'_ •.� S.(.Vl ...!�[.__ otarY Pubpe NOUT11 CAROLINA, .......L-�------------ County. • • •, V 1, a Votary Public of the Count' and Static if.11,aid, certify that _ U: AWAFbe ,!: FRIEDA E. REED, widow ,• PUQ` `G �U, jcraonait appeared befnrr me th i, d.,y and tnn+Ncdp it In ,,Oti.O or Ihr fure;ning inslrwnent, ll'itne>s mar v` �r" �i'0 •••, hand ana official lt,mll or ara 1. Ihi:. T tl.q or �A.11.._..____, 19-. �I COUN\`tsx, yly rmnmi»ien expires: ..11/s.c'Sl /:l._._ otarY POW, ha __. ...... .......... SEAL - STAMP NORTH CAROLINA...................................Count. 1, a Votary Public of the Count' and State afore>aid, certify that e Personally came belnre me this day and acknowledged that .___ be is ........................... Secretary of Y n ..... ................... ......_ ___.__. ___......._____. a Vnnh Carolina <nrPorm ion, and that by au[lu,riq' duty i en and as the act or Ha. cur on thin• the fOregoing Instrument was si nrd in its name by Its PrniJent. >c.I,d xith Its cur rate ,ral and arrested by a, its --- ... ------------- Whites m) hand and afl.i.al'lam, .' >a•al, this .. . day of .__._..__..------19_-_-_ 11, "'mmt--t„n aspires:. _-otary public SEAL -STAMP NORTH CAROLINA.................. ................Count'. 1, a Sumt Public of fhe COnnt' and State ar•rtrsald. certify that ___________________________________________ y personally came berurc me lhf, day and acI ru,,Ivd,,d that .___ he is y of 'Y ..... a NOW, Carolina r.rI,.WiOn, and that by authority duly' . n L iyvn and as the art of the tier pora[iun, thr hrcrg uin5 instr unuau uu si.nrd in its name by Its --------------- P,r,idrnt. ',.led with its rurporatr xal ,,.it au r,icd by ........... as its ..... ......... ...... ....... Secretary. N'itneaa my hand and official stalnp or aral, this ..-.-- day of ------------------------- 19_____- )t'0mamu>iun capires: ......... ...................__........_..._....____....___-.-------- \our'Publlc The Inreg nine cer tef,l of ..--Lj->`:.�� ...._.`--= -_-kid �.�i___C' _ e� ..•i��-). :-_t�..............--""-------- --------------- L_ ..:....__............. ..- - --' ------- ------- .................---- '-----------'-------- -_.. .... ..... ------ -'-------- --"'--------- --------- la..le ccrtiheJ to be ,.tired. This final nunrni and this cer Ufcate are duty rrgt,:cl.d at the dale and time and in tire Bink and Page Minn on the Lot page hereof. ` ^ .r ._..____....�1-/.��7.1('-.(��1�'-✓._._....._._ ------------ ._REGISIF.R OF DEEDS 1'OII_'._7\!D��t_�__------------- COI:\TT By ----------- (_�. �]_J_n-l-- ��i�.L,�s.}.� __.Aq•.b Assistant -Righter of Deeds, N.C. Dar Assoc. Form No. )A -0 1977 f :-.. �•"7'i;a-`•iYX.;):'.�.._n`_'.a4_if..'1�-'1!g::_:.s-�.n..-:�..�_-..c.�:',.:.:c3�'�.:.+:.-x:1:=s::A,_:rc:�u�_�...::Jv..:'�.:..si�.c.i.'_._.�:. i - J 1 �i ra C The property heremnbove described was acquired by Gl:uLLor by instrument recorded in ._ Deed Book 586, page 209, Dare County Registry ....... - - -----" ----"'--'- "- A nutp showing the above described property Is recorded in Plat Poo - .-... page ._ _.... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Gritntee in fee simple. •Ind the Grants c„vernnts with the Grantee, that Grant,a is reit2d of the premises in fee simple, has the right to convey Ihr some in fee simple, that title is imtrketable and free and �Ir::r r.f ;ill •nicombrimces. and that Grantor will warrant I'll,]Jefclld the till' against the lwAful claims of :ill 1•, rs•,ns %11: 71 r-e':.r esceln f<o' the exceptions hereinafter stated. Title to the property hereinabove described is subject to the fo!I[•wing exceptions: Easements and restrictions of record in the Dare County Public Registry. its ��r��rate )T�'r5 h)')su,)-dul>authuried offi«rs ode itst seal tto Le hcreuntu aff lAede 4y authoritY of aitse Hord tof s nueewrs, tltetoday and n)'<ar first •Eo.e wrttbn. 7 (Curpontr \ame ATTEST: --.--.Seaton (CarPonte Sesu I.,-.�..--------------------- (Curponte \ame?_. ------------------ -------------------------- - --_--Presid<nl ATTEST: -------------------------------------------- ------------------ Secrelaq' (Corporate SeaU jq 7h' Ya�4f A ESTATE OF RALPH G. REED, JR. _(SEAL) i---------------------------- ;t BY: r _... ______ __________________(SEAL) RER CCA H. HARDEN, Co -Executor & Co -Trustee j (SEAL) B�•/ CAROL R. VANHOOSIER, Co -Executor & Co -Trustee ------------------(SEAL) ROBIN R. ROOKS, Co -Executor & Co -Trustee -----.--(SEAT.) N a Q G� 4- -`.(SEAL) FRIEDA E. REED, widow J------------------------------------(SEAL) a W f ________________(SEAL) m _ STATE OF >,,. Rea! Esf tr —i 1'J • \�� i r r �l I1 L LT /I_ H4 -D—q-Q LT: $500.00 Excise Tax I00.00 rit_D nr, Err. C 1 C:.: r1� ❑ C1 Recording Time. Book and Page Tax Let No. r. (.: ; .. r Parcel Identifier No. ... .. ... .. Verified by ... ......... /'c,,, :, 1 ......: ;.!:y,._,. � ..— . County on the day of . --- ... , 19 .... . — ... by `� `, . 1'` ... •.r r'` ... .... .... Li y Mail after recording to . Leonard G. Logan, Jr., P,A. 2503 N....Croatan.Hwy,..Suite 6, Kill Devil Hills, NC 27948 This instrument was prepared by Leonard G... Logan, Jr., P.A. .... .. ............ .. .... Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 2nd day of December , 19 91 , by and between GRANTOR ESTATE OF RALPH G. REED, JR. and FRIEDA E. REED, widow GRANTEE BENJAMIN H. RIPPONS, SR. and wife, DIANA L. RIPPONS Post Office Box 115 Manns Harbor, NC 27953 Enter in appropriate block fir each party: name, addrrs%. and, if apl lnpriale. rba,acler of entily, cal. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine ur neuter as required by context. WITNESSFTH, that the Grantor, for a valoublc paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents dues giant. bargain. sell and convey unto the Grantee in fee simple, all that certain Ir,t or parcel of land situated in the fcitxxllx Croatan Township. Dare County, ):orth Caro!ina and more parliruhn'Iv described as follows: LEGAL DESCRIPTION IS ATTACHED HERETO, INCORPORATED HEREWITH AND ENTITLED "ATTACHMENT A". .N.C. oar Assoc. Form No. aA t• 1971 i X. ". ,a. • i "ATTACHMENT A" B" 7 ^ LI 5 9 0 TO THAT PARTIAL RELEASE DEED DATED DECEMBER 1991 a'=, BY AND BETWEEN LEONARD G. LOGAN, JR., TRUSTEE, RALPH G. REED, JR. AND WIFE, FRIEDA REED, GRANTOR AND ^, BENJAMIN H. RIPPONS, SR. AND WIFE, DIANA L. RIPPONS, BENEFICIARIES 2 LLJ vj Beginning at an existing iron pipe being in and marking the North marginor-.__` right of way of North Carolina State Road 1111, a road with a 60 foot right of way, said point being known as the Southeastern corner of property now or formerly owned by Ralph G. Reed, at or near the North intersection of S.R. 1111 and S. R. 1110; running thence North 64 deg. 30 min. 15 sec. East 93.92 feet along the approximate center line of a canal; thence turning and running North 43 deg. 56 min. 24 sec. West 183.59 feet along a canal; thence turning in the middle of the canal South 85 deg. 02 min. 29 sec. West 77.86 feet; thence turning and running parallel with an 8 foot dirt road South 19 deg. 45 min. 36 sec. West 58.90 feet to an existing iron pipe in the North margin or right of way of S.R. 1111; thence running South 51 deg. 44 min. 51 sec. East 178.41 feet to the point and place of beginning. Same being that certain 20,000 square foot parcel of land as shown in that certain survey by W. M. Meekins, Jr. & Associates, Inc., Land Surveyors and Planners, entitled "Survey for Benny Rippons, Manns Harbor, Croatan Township, Dare County, North Carolina", dated November 8, 1991, and attached herewith for greater certainty of description.. The foregoing conveyance shall include any and all property rights and interests the seller may have in that Declaration of Final Resolution of Claim to Submerged Lands issued by the Secretary of the North Carolina Department of Environment, health and Natural Resources, through his designee, the Director of the Division of Marine Fisheries dated the 19th day of March, 1991, and recorded in Deed Book 744 at Page 455, Dare County Public Registry on March 21, 1991. Exception is made to a certain Deed of Easement made the 17th day of September, 1981 by and between Benjamin Houston Rippons, Sr. and wife, Diana Lee Rippons of Manns Harbor, North Carolina, parties of the first part, and Wildon Burton Craddock of Manns Harbor, North Carolina, party of the second part, as recorded in Deed Book 317 at Page 702, Dare County Public Registry on October 15, 1981. Exception is made to a certain Deed of Easement made the 17th day of September, 1981 by and between Benjamin Houston Rippons, Sr. and -wife, Diana Lee Rippons of Manns Harbor, North Carolina, parties of the first part, and Norman Robert Craddock of Manns Harbor, North Carolina, party of the second part, as recorded in Deed Book 317 at Page 700, Dare County Public Registry on October 15, 1981.