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HomeMy WebLinkAbout135-96 Coastal U.S.A. Fish CompanyPerm it Class Permit Number NEW STATE Ol' NORTH CAROLINA Department of Enviro tment, Health & Natural Resources and Coastal I esources Commission 'Vernnit for R Major Development u � an Area of Environmental Co pursuant to NCGS 11: A-118 X Excavation and/or fill ng pursuant to NCGS 113-229 OCT .15, 1996 6 Issued toCnactal I1.S_A_ Fish Company- 212 N• Channel Haven Dr.. Wilmington, NC 28409 135-96 authorizing development in Carteret C runty at Cedar Island Bay, adjacent to NC 12. south of the Cedar Island Harbor , as requested in the per nittee's application dated7/l/96 including attached workplan drawings I 1 _a Lb_ 3-6. 7.a_ 9 and 10 dated " /2/96. and drawings 2, 7, 8.a, 8.1b, and 8.c dated 8/22/96. This permit, issued on 10/3Z96 _ , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special con litions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or m w cause the permit to be null and void. 1) Prior to the initiation of project constn ction, the permittee must receive a Permit for Water Use in Capacity Area #1 from the N.C. Di) ision of Water Resources, and a copy of this permit mus be provided to the Division of Coastal Management. 2 r ' r rton corrosive bla - corrugated pipe. 3) Prior to the initiation of development. a barrier line of filter cloth, staked hay bales, or burlap must be installed between the land -disci rbing activity and the adjacent marsh and water areas, and these erosion control devices shall re nain in place until the disturbed area has been properly stabilized with a vegetated cover. (See attached shee is for Additional Conditions) This perniCaction may be appealed by the permittee or other qualified persons within twenty (20) days of he issuing date. An appeal requires resolution prior to wm rk initiation or continuance, as the case may be. This permit must be accessible on -site to Departm :nt personnel when the project is inspected for compliance Any maintenance work or project modification toot covered hereunder requires further Departmental appro% al. All work must cease when the permit expires on December 31. 1999 In issuing this permit, the State of North Carolina agn es that your project is consistent with the North Carol na Coastal Management Pmgram. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. rr Roger N� r, Director Division of Coastal Management This permit and its conditions are hereby accepted. yn o-rr *. s . 4 Signature of Perrniltee No rth Carolina Environmental Management Commission Department Of Environm ant, Health, And Natural Resources Permit For The Withdrawal And Use Of Water In Capa -.ity Use Area #1 In accordance with the provisions of Part 2, Article 21 of Chapter 143, General Statutes of North Carolina as amended, and any other applicable Laws, Rules and Regulations, Permission : s Hereby Granted To Coastal USA Fish Company FOR THE Withdrawal and Use of Water in Car eret County, North Carolina in accordance with the grantee's application dated September 3,1)96, and any supporting data submitted with the application, all of which are filed with the'. 7epartment of Environment, Health, and Natural Resources and are considered part of this Permit. This Permit shall be effective from tl a date of its issuance until October 31, 2001 and shall be subject to the specified conditions andh r limitations contained in Sections I - X of this Permit. Permit issued this the T- day of NORTH CAROL NA ENVIR )NMENTAL MANAGEMENT COMMISSION BY tea. Jo hn N. Morris hector, Division of Water Resources By Authority of the Secretary of the Depar went of Environment, Health, and Natural Resources PERMIT #CU1096 Page 1 of 5 CUA #1 Water Use Permit #CU1096 for Coastal USA Fish Company I. WITHDRAWALS A. USE This Permit allows the withdr wal of water for the purposes of supplying an aquaculture operation . B . RATES OF WITHDRAWALS The maximum quantity of groi nd water that may be withdrawn shall not exceed 258,600 gallons of ground wa er per day (GPD), and 576,000 gallons of surface water per day. C . SOURCE(s) OF WITHDIAWALS 1. Ground Water Source(s): N lithdrawals shall be made from two wells in the surficial aquifer. 2. Surface Water Source(s): C far Island Harbor D. MONITORING OF WITHDRAWALS Withdrawals from each sourcr , whether well or surface water intake, shall be measured by an approved metc ring device equipped with a totalizing indicator, and having an accuracy within plu c or minus five percent. II. WATER LEVELS A. MAXIMUM DRAWDOWII LEVELS 1. Pump intakes for the wells - shall not be set below the depth specified in the permit application or associated do :umentation without prior approval of the Division of Water Resources. 2. In the event that data from t ie permitted wells or other wells within the zone influenced by pumping of tl a permitted wells indicates a deterioration of quality or quantity in surrounding aquifers or the source aquifer, an alternate maximum pumping level may be estat lished by the Division of Water Resources. B . MONITORING OF WATER LEVELS The pumping water level in each supply well shall be measured: a. by a steel or electric tape, from a fixed reference point, b. within accuracy limits of plus or minus one percent, c. just prior to shutting off he pump, or after sufficient time of pumping, so that a maximum drawdown mi y be obtained, and d. during the last planned pimping day of the month, or within the last five days of the month. Page 2 of 5 CUA #1 Water Use Permit #CU1096 for Coastal USA Fish Company 2. Unused supply wells or otht r suitable wells that may be available shall be monitored when such monil aring is specified by the Division of Water Resources and when pertinent to obser +ation or evaluation of the effects of withdrawals made under this permit. III. OTHER PROVISIONS A. WELL CONSTRUCTION APPROVAL A Well Construction Permit st all be required prior to the construction of any well which will be used to withdral + any portion of the water regulated under this Permit. Application for these permits t sust be submitted to the Washington Regional Office, Division of Water Quality, P � ). Box 2188, Washington, NC 27889. B . ACCESS TO FACILITIE 3 The Environmental Managenu tit Commission and employees of the Department of Environment, Health, and Na ural Resources shall have reasonable access to areas owned and under control of th : permittee for observation and inspection of water use and related facilities pertinent :o the provisions of this permit and other regulations. IV. REPORTS REQUIRED A. WITHDRAWALS Monthly reports of daily witfu rawal totals from each well or surface water intake shall be furnished to the Departmen t no later than 15 days after the end of each calendar month. B . WATER LEVELS Water level measurements for each supply well shall be measured in accordance with Condition 11. B.1. of this pea tit and submitted to the Department not later than 15 days after the end of the moat m in which the measurement was taken. V . MODIFICATION OR REVOCATION A. MODIFICATION 1. The Permittee must notify I he Director of any proposed major changes in usage and apply for a modification of the permit for such changes or for any revisions of the terns of this permit. 2. The Director may modify d to terms of the permit, after 60 days written notice to the pertnittee, if he finds that it a terms of the permit and/or the resulting water use are found to be contrary to the 3urposes of the Water Use Act of 1967 or contrary to public interest or having an unreasonably adverse effect upon other water uses in the capacity use area. Mod fications may include, but are not limited to, requirements for alternate 1 umping levels or the collection, analysis, and reporting Page 3 of 5 CUA #1 Wate' Use Permit #CU1096 for Coastal USA Fish Company of ground or surface wate • quality samples. B . REVOCATION The Director may revoke the permit if he finds that: 1. the Permittee has violated he terms of the permit; or 2. the terms of the Pemtit an(/or the resulting water use are contrary to the purpose of the Water Use Act of 1961 or contrary to the public interest or having an unreasonably adverse effer t upon other water uses in the capacity use area and cannot be cured by moditic ation; or 3. the Permittee made false of fraudulent statements in the application for the water use permit; or 4. water withdrawn under the terms of the permit is used for purposes other than those set forth in the permit. VI. CONSTRUCTION OF PERMIT A. The terms and conditions shal not be construed to relieve the Permittee of any legal obligation or liability which it owes or may incur to third parties as the result of the conduct of its operations in cc nformity with this Permit. B . When under the terms hereof, any provision of this Permit requires approval of the ppaeuce at the discretion of the Department, approval or or the exercise of hdiscretion shall be evidencedbwritten instrument issued by the Department. C. The terms and conditions of th is Permit shall not be construed as a limitation of the powers, duties, and authority N ested in the Environmental Management Commission or any other State, Federal, or ocal agency, or any applicable laws hereafter enacted. VII. ADDITIONAL CONDITIONS A. This Permit shall be subject to my limitations or conditions in other State permits, including but not limited to pet wits required pursuant to North Carolina General Statutes §143415.1. B . Issuance of this Permit shall ha ve no hearing on subsequent State decision(s) regarding any other water use c r other permit application(s) submitted or which may be submitted by the Permittee, its successors or assigns. VIII. PENALTIES Violations of the terms and condition s of this Permit are subject to penalties as set forth in 'age 4 of 5 CUA #1 Water Use Permit #CU1096 for Coastal USA Fish Company North Carolina General Statutes § 143-215.17. I X . PERMIT NONTRANSFERA] 1LE Water Use Permits shall not be trai isferred except with approval of the Environmental Management Commission. X . RENEWAL OF PERMIT The Permittee, at least three (3) mr inths prior to the expiration of this permit, shall request its extension. Upon receipt of the -equest, the Commission will review the adequacy of the facilities described therein, and if i tarranted, will extend the permit for such period of time and under such conditions and lim tations as it may deem appropriate. Page 5 of 5 Permit Class Permit Number NEW 135-96 STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources !Y and " Coastal Resources Commission x� for .i !i r % Major Developi eut:in an Area of Environmental Concern pursuant toNCGS 1f3A-118 ` % Excavation and/or filling pursuant to NCGS 113-229 Issued toCangtA IT C e Fich Comnanv 212 N. Channel Haven Dr., Wilmindon, NC 28409 authorizing development in Carteret County at Cedar Island Bay, adjacent to NC 12, south of the Cedar Tsland Harbor as requested in the permittee's application dated7/1/96 including attached workplan drawings 1 ya 1 b 3-6 7 a 9 `and 10 dated 7/2/96 and drawings 2, 7, 8.a, 8.b, and 8.c dated 8/22/96. This permit, issued on l0/3�yb , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Facility Development 1) Prior to the initiation of project construction, the permittee must receive a Permit for Water Use in Capacity Area Nl from the N.C. Division of Water Resources, and a copy of this permit must be provided to the Division of Coastal Management. 2) Drainage lines must be constructed of 12" diameter non -corrosive black -poly corrugated pipe. 3) Prior to the initiation of development, a barrier line of filter cloth, staked hay bales, or burlap must be installed between the land -disturbing activity and the adjacent marsh and water areas, and these erosion control devices shall remain in place until the disturbed area has been properly stabilized with a vegetated cover. This permiLaction may be appealed by the pemtittee 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. Additional Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. C cr Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernittee Coastal U.S.A. Fish Co. Permit#135-96 Page 2 of 4 ADDITIONAL CONDITIONS 4) A 0.125 inch screen shall be placed around the surface water intake ports to prevent. the uptake of juvenile fish. The screens shall be cleaned on a regular basis. Impinged organisms must be released at least 50 feet from the intake ports. 5) The terminal end of the discharge pipe must be located at or landward of the mean high water line of Cedar Island Bay. 6) A riprap splash apron must be provided at the terminal end of the discharge pipe. The splash apron must be of sufficient size and design to prevent erosion and unnecessary siltation. The ­ splash apron must be located no more than four feet waterward of the mean high water line of Cedar Island Bay. 7) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 8) The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. Facility Operation 9) This permit authorizes a maximum water withdrawal of 576,000 gallons per day from October through December, and 123,000 gallons per day from January through September. Any change in maximum flow volumes will require a modification of this permit. To ensure compliance with this condition, copies of all monitoring reports required as a condition of the Capacity Use Permit must be provided to the Division of Coastal Management. 10) The authorized ground water wells may only be utilized in times of emergency. Such emergency situations may include, but are not limited to, red -tides, surface water pollution, excessively low concentrations of dissolved oxygen in surface waters, or surface water pump failure. 11) No more than 258,600 gallons per day may be pumped from the ground water wells. 12) No more than 100,208 pounds (45,454 kg) of flounder per year may be exported from the authorized facility without first obtaining a National Pollution Discharge Elimination System (NPDES) permit. 13) Only live bait fish, specified as killifish, menhaden, anchovies, silversides and pinfish may be utilized as a food source for the flounder. All utilized methods of bait fish collection must receive prior approval of the N.C. Division of Marine Fisheries (NCDMF). If serious problems are encountered in obtaining the above bait species, the permittee may contact the NCDMF (David Taylor or Louis Daniel) for permission to utilize alternative species. Coastal U.S.A. Fish Co. ADDITIONAL CONDITIONS 14) No flounder less than 13" in length may be kept at the facility. Permit #135-96 Page 3 of 4 15) Weak or dead flounder may not be disposed of in any manner into the waters of Cedar Island Bay or the adjacent canal system. NOTE: The permittee is encouraged to supply dead fish to the Division of Marine Fisheries biological sampling program. Contact a Louis Daniel or David L. Taylor of that Division at (919) 726-7021 to discuss this matter further. Water Quality Protection 16) Prior to the initiation of construction the permittee shall develop, in coordination with the N.C. Division of Water Quality, a effluent monitoring plan that will measure and report, on a monthly basis, the following parameters: BOD5, total and suspended residue, NIi , TKN, NOZ and NO,. The permittee shall provide copies of the monthly water quality sampling reports to the Division of Coastal Management, the Division of Water Quality, the National Marine Fisheries Service and the US Fish and Wildlife Service. After the completion of 12 months of monitoring, the Division of Water Quality will make a determination as to whether monitoring should be continued or suspended. 17) If warranted based on an examination of the data contained in the monthly monitoring reports, the permittee may be required to incorporate a solids removal system into the discharge design. The design and specifications of this system, if necessary, shall be developed in coordination with the Division of Coastal Management, the Division of Water Quality, the Division of Marine Fisheries, and the U.S. Fish and Wildlife Service. The permittee will be notified in writing by the Division if such a design modification is deemed necessary. 18) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 19) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 20) No vegetated wetlands will be excavated and/or filled. 21) The authorized structures and associated activity shall not cause an unacceptable interference with navigation. Coastal U.S.A. Nish Co. Permit #135-96 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Any change in plans for development, construction or land use activities may require a re-evaluation and modification of this permit. Contact a representative of this Division at (919) 726-7021 prior to the initiation of any such activity for this determination. NOTE: It is requested that the permittee contact the Carteret County Mosquito Control Office at (919) 728-8595 to discuss mosquito control measures. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 960698. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199605398. Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name ' v e- n L -,r ka Address, P.O. Box SDI City Cedar Island State K C Zip 2-p5?o Day Phone Oi9) zzs- Nz71 Fax b. Authorized Agent: Name Par Ili Moon Sear% Address 7-1 z N. C"nnel Ikwgn Dr. City 1A)i Ivninui'OVA State P (— Zip Z8409 Day Phone N10799-51411 Fax Nit)) 799 - 5194 c. Project lname (if any) Coasf41 U.S.A. F,.t� GOMOaNV NOTE: Pernds will be issued in name of landowner(s), and/or Project name. 2. LOCATION OF PROPOSED PROJECT a. County b. City, town, community or landmark Cedar Island NC. c. Street address or secondary road number /S'7 Mariner- Wilaae 1-d:ne t Jater'fron+) d. Is proposed work within city limits or planning jurisdiction? Yes i No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Cedar Ts Inn4 Ray 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. EYCaJO.�.na JZ SAwll hn lO.n�POn < (— s'acre. lAs:.� tl.e p:ll Fnr y'I.e 1eV�y. Burk. In oT Ywnc�:nw Front -1 diaewe4Cr, o�- 30, lend MCC-exist::+a cie.r. b. Is the proposed activity maintenance of an existing project, new work, or both? 66i-lt c. Will the project be for public, private or commercial use? Gommer-aAl d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. the Ponds ,ao..ld be. wsc.A to hell -Cle%.nder 0.1:vG %r over5 ec�5 s+.e.rkets _ G.144e.r Wev.ld be. Qv.n. and trcJlk-W 7i+reual. i'I.e_ gnd.5 r'-c�"ed Fleu der IA IY gr&Aed WoY.11 nt�'a�l Tl.e. V.SC' e� a 4ronfi enA leode Fer ex cs.Vsi :r�; 6o.c1-- hee_ iror ire�t el :n9J YNerta' - wort and. $2Z„pe Pl.aml' �rM-.r1rrUY a w w.laR�PP Ham_ Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS in. Describe existing wastewater treatment facilities. t1e„e. aXCwVoaFcdt r.:1\ : 37, a. Size of entire tract ewse r wGro3 n• ro'ra : 3o noes b. Size of individual'iot(s) 5 al,'r,ils c. Approximate elevation of tract above MHW or NWL S •Pt-- d. Soil type(s) and texture(s) of tract e. Vegetation on tract I wsl:esr st mll celar• I retC G0.e•fi.`S f. Man-made features now on tract 6IA 6wIL,-keaA� Ao g. What is the CAMA Land Use Plan land classification of the site? (conrab the form iaid are ptan.) Conservation Transitional Developed Community `Rural Other h. How is the tract zoned by local government? i. Is the propose,4roject consistent with the applicable zoning? Y Yes No (Attach zoning rompiiaice certificate, ifappGmbk). Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes ✓ No k. Is the -project located is a National Registered Historic District'or does it iiivofVe a National Register listed or eligible property? Yes .VC No Are there wetlands on the site? — Yes —No Coastal (marsh) ' Igo Other If yes, has a delineation been 'conducted? (Attach documentation, ifavaifabk) 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.) u,Aare_lnpeA a -A Awrrow.%d,A }�'� iawtec- e.. e: f'roa�sed circwlated ww4cr d s�1 sra�a beck into rke. bay . o. Describe existing drinking water supply source. tJo ke- - 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 IV white. paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map. is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the :. Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. ® A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Maisnn4 Stvicn Address _32-gy" isejr.[ Is1nerl rrl. 'Phone Cedar =s)o ndT N.F ('7)22.6-n ) Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed. AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach. a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the Or r day of �1 , 1994, . Print Name 1-"fYl co n -Soon Par k Signature )_Krly� 5. l %' randa r or Authorized Agel Please indicate attachments pertaining to your proposed project. V%DCM MP-2 Excavation and Fill Information �[ DCM MP-3 Upland Development �[ DCM MP4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM W-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. f UIL1- 1� _ S Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. 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 /intc04-- (Excludi kingiLine- shoreline stabilization) Revised 03/95 Length Width Average Fluid 1F.2idi Project Depth Depth tf 7 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 29 )IJ53 b. Type of material to be excavated s0.n8 c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? � Yes -.J/ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 9 /S'7 01sr;nr-r;s Nf;ll&ge Layte CeZ, b. Dimensions of disposal area I z-f X 2-11 /5- 2 'X I-q-' c. Po you claim titl t disposal area.? Yes 12 No If no, attach a letter granting permission from the owner. d. Will a disposal area be apilable for future maintenance? Yes — No If yes, where? Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _' No f. Does the disposal include any area in the water? J,' Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead v-'_ Riprap b. Length 71J %To%I c. Average distance waterward of MHW or NWL Z d. Maximum" distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months s A-- We V5:$;ha1"On (Source of information) f. Type of bulkhead or riprap material mar .Stone. g. Amount of fill in cubic yards to be placed below water level (1) Riprap � d 3 (2) Bulkhead backfill " h. Type of fill material i av,d f t", P i. Source of fill material 6nr 6q, 11 0.Ftrr- P:pc I,..s 6eer, l��edy n,nrl Str ne Yn+eked in. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water 2 45 3 (2) Dimensions of fill area Z.S- 'X 1 , X ZO O (3) Purpose of fill 6krl-e-I," st..6;l,uit.on b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes v"' No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Sift Sc-reen Ze 5,yrro,LncC The wo-IC 5�te- b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? / bac..k41�e Tro.,'i-end loader c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes V No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Project Name 1/1 "-, s . %J Signature J-ulv -� , /996 Date Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed (d ry rl iv, <.ni1F I — (c '% G.'[tot b. Number of lots or parcels On S n r /ease on a- 7[> ncre_ rrn t c. Density (give the number of residential units and the units per acre) an. j+re•extS!-. ) kc sc- nancN QMpn< A d. Size of area to be graded, filled or disturbed including roads, ditches, etc, r zs' X 291 7'x 15 t ink-kkt 2.'X t5-, Aic mil, c%r.J e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes \/ _ No If yes, date submitted T f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. N/ A g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. < 1 %6 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes _ V No If yes, date submitted i. Describe proposed method of sewage disposal. gore - Have the facilities described in Item i. above received state or local approval? kZA (Attach appropriate documnuation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Wwtef pumped JPrro,,% tkz ennat would be 6rct0c0+eA +1 :c.u�F rl r- f:�f�f n < anA A;�cl «rue l Mck ,nto t4,e cAncLt . (See. E;y ce 9 ) 1., Describe proposed drinking water supply source (e.g. well, community, public system, etc.) N A m. Will water be impounded? ✓ Yes No If yes, how many acres? &V42r�x���ue- n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N 1 A Caas+.mil u5A �;sl Co v�nT Applicant or Project Name <> Signature I;i I Date Revised 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) 1 Commercial _Community _ Private (2) Number t (3) Length 'St -(t. (4) Width it C-r. (5) Finger Piers _Yes y No (i) Number (ii) , Length (iii) Width (6) Platform(s) _ Yes ✓ No (i) Number (ii) Length (iii) Width (7) Number of slips proposed NIA_ (8) Proximity of structure to adjacent riparian property lines aearesS c0.A,J (9) Width of water body 8o ' w ; art, (10) Water depth at waterward end of pier at MLW or NWL 5 ;•r- b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlifr, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give compkte description) r First^ .lam f"ad PIS C cns}al L.5 A Applicant or Project Name Signature 7/t J-14 I $' Revised 03/95 uoi4-000l oijioads jo3 (oi a AnGi3) Adoa }uiudanjq aaS •a}is >{.40m pasodoud L d d m N U (/iHW) au, -I uoisou3 :IIGcQNF]0�4@®119®R99 9Rofo04PPP.RMl94 .L8 = >I :aIoos a aq o} asodoad D S D abnjau 3o uogJOH puolsl aopa3 o} aDuou}ua - l OUO3 M-zj-d5Lq saoua j pasodoad ag4. buimogs 84.!s pas>Ja-I :n 921 = ,l :aloes (MHW)auiI uolsoJ3 g9RQlY6lP.RRRlRi@RP11� 9f / S a- / ,Sob Io}o} 2# aouaf pasodoad asnoy 6u!}slxa 7+ /h+ i+ 1S+ ,2Eg :jo}O} I# a7Uaj pasodoad 7+ I b�j /h+ /h+ / GVF,i LJNEJ A>Dc iYafTC� \\- Fga.r v6'BO. A.GL LrN£S ` \ I `\V HJr =R-et'O iJ•e' f N/'-er-aYd sca' /� Gpe NJ7�07•!JE J7d.eL / ' +YYED y`caAP�f' �:rlr rN= ! e' -_ ta4o!✓ BY ov vrco czEn+l.✓�t 04,4. ,V rl E.v/r/ dw xs f& r FOR Nri rG L�NI! BY 5 /A � ¢�eer�*sr�yabyunnae�=ar.'"_Fn� � sfi-fa.Is� =eG•s3[ -.. .,/9 s✓ �.rt>r✓� •, � d� O O B.a[.. er/+ OANr£Ls ordrsreL✓ Arm! SJ.-Sz-zJE e Jff,d•1' 4 1 "Lu 113 • �� iLe " � • • -,, ame�t was pro, Is(zr, .:. ;;ll 11� wiz office lu SURVEY FOR seat`] ''" 5vEM ERI K . LARKA BaaN ./3:3a°c!sc4�' AND WIFE, .Ibis la B-52 J OAN CAROL LARKA l��Q CEDAR ISLAND TWP. , CARTERET CO.. N.C. Fg��re Ib Blae���.,t o o� sate locat;� fbc\d to y z llo "[x ;ydM h, 5'r 7--'-`Il h')�I�vJv.1d tdo-.0I1 F %j-l$:Q 96-r�-�' y` 140 rlv We�Ic3)s sa;.rulp..too ,VC, .f I ajon j t7a1'•�A) t•PLi'L41 s Gv'• t4t,4N I.LOp',Lt1 0 bGCJ.yq µA ,p �• 1•Irl'•01 0802-864 vnbd 9u4 l "e 14s de�:yp sie-88-Bnkl, ; GC•-f •• i1 .. .,.. lb_z-L J,5 L� �8�NF46 aCOPPlYFlPY4dP �y�ilY � ©1nr „16F (6uiL{a1.10q a4.ou) spuod agq, aps4-no I spuod ag4. apisui oa.Ao u014.nnnDx3 a an6i� ki ,oS = „I : DIU75 4 nil liner �3.0 ft. Cross -sectional View Scale ' I"- lo' ,...�n.anneaana a r+.•wnv'aet-;v*�9 Water level 2.5 ft. Figure 4 : Cross-section and Top View of the 60 foot diameter ponds IT) s P 2 -96 � 30' O.D.- 6' Clip. PVC Drain pipe dip, grating Top View 4 nil, plastic liner Water level �3.0 Ft. 2.5 Pt. IT fill 45 deg. xcavate � '� : p'�e - , 1.0 f t. Cross-sectionat View scale : 1' = 10' fill It SZ Li � :•� '111 1-1105 1 ads.. •....GCCGMl" Figure 5 Cross-section and Top view of the 30' diameter ponds. ,hi 5J 7-2--T6 1a.o• 6.01 5.0' rench _ to be backfilled 6'x10" block Piked w/concrete steel reinforced 4.0' 6' concrete steel reinforced ss-section of a drain basin r 1.5' 3.0' r 12' diameter drain pipe. Top View It tr u t V lJ Mult��o'4riv r" 1��F✓ aFiiNiiAi Aadd A 2wAtinilyL'tlili{. scale : 1' = 2.2' Figure 6 Cross-section and top view of a drain basin Note both top and bottom are square. dS u4 >joop pasodoid puo bugsixa-ajd gq-Oq fO SMain dol :Oi a.Anbi j ,8 = „I : ajoDs F61 V� �a pasodo�d >jDOCI 5ugsixa-asd I 0'1E Mo►J l no /1 b's Pu''(YY abp�� du() O'II MoIjIno u�r5w sl ab'0t-nn.ap puod I)V ,/F, „1 , c)ly.)!.) bd'd 5 ' d' OSOZ-0841 Ota swa�,�_vnby 9uFL�4�5 dCCi'b0 96-ZZ-9nb woad FROM 11.2 .1991 ,3_: 3' fault-.Za-96 04i40P Still -ling Aqua -Farms 210I792-2690 I Water iot(%kp C M hUxill4ry yr•owrtd Water (JUl�fi 6 ccoic, V - 70' f i�urs i3 lop View Of the PrUposed Wo.t r intake ;yc, inrl FROM 11. 27. 1??1 !r?: S. 4Aug=22-9a o4140P Stoning Aqua -Parma fllOI792-8600 P.12 P.on v Opltoted rooryr, W W w W$ i i' W i' W i• Tu �nnnc/s i P A• ulanrlty r•raaura trvatrtl W I W W W i +• i• s a 1: ��7 • / ..Mkil1 Flp ire, Fib 'new' r A pr uput od ^.rrnrid. r9ck would u u•,rri tq suspend twn ;uUr rr>.Ihln punps. Tel wlif oriclpe• over• iF1v v1-Ullcl eod nor•sir, 9h-7,-Z OM Jivin .. ..,,,.,' — Y ...... Fes• G .� yK)iaC1� ^1 i I 80'd 0e92-154141 OTO aw.Avd-vnby 9u4L"MZS d%VIVO 96-Z2y sn1d,. 85:;.0 166T•!7,TT W08d Inuoa 8t{4- o}ui adid a6..�nL�asip aq�, fo sMaIn jnuo14-Das-ssoj3 1!Q?1�4p�.pllp� 0 119P ulsx)q uio.4p o1 ,T = „T :81oDs MOIJ 4a�OM adid uioup jo MaIA jouOI4.0a5-SSO„7:) 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 Coastal U.S.A. Fish Company 212 N. Channel Haven Drive Wilmington, N.C. 28409 Dear Sirs: October 11, 1996 1:3 E H N FR This is reference to your verbal request of October 11, 1996, in which it was requested that Condition No. 2 of Coastal Area Management Act (CAMA) Permit No. 135-96 be modified to allow the use of larger diameter drain lines. The stated need for this revision was to better accommodate anticipated drainage flows. Please be advised that Condition No. 2 of CAMA Permit No. 135-96 is hereby refined to read as follows: 2) Drainage lines must be constructed of non -corrosive black -poly corrugated pipe. This refinement must be attached to the original of Permit No. 135-96, and both documents must be readily available on site when a Division representative inspects the project for compliance. If you have any additional questions concerning this matter, please feel free to contact me at (919) 733-2293. Sincerely, A/ Doug Huggett Assistant Major Permits Coordinator cc: Charles Jones, DCM P.O. Box 27687, ��y�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N g" C An Equal FAX Action Employer Voice,919-733-2293 50% recycled/10% post -consumer paper UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721Executive Center Drive North St. Petersburg, Florida 33702 September 25, 1996 Lt. Colonel Terry R. Youngbluth District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Jeffrey H. Richter Dear Lt. Colonel Youngbluth: Please reference your September 18, 1996, letter requesting our comments on the supplemental information submitted by Coastal USA Fish Company (Action ID No. 199605398) for work on Cedar Island, Carteret County, North Carolina. We have reviewed the additional information provided and have determined that it resolves our concerns regarding this project. Therefore, we will have no further objection to this work if the following condition is incorporated into the federal authorization for this project. "Copies of the water quality monitoring data required by the N.C. Division of Water Quality shall be provided to the National Marine Fisheries Service for our review and comment." We appreciate the opportunity to provide these comments. Sinceerrq jy, 7ind a ger Jr. Assi tant Regional Director Habitat Conservation Division cc: FWS, ATLA, GAq FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC L)CT311g� NCDEHNR, Morehead City, NC F / SEO2 GO�YtNT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 5, 1996 Regulatory Branch Action ID No. 199605398 and State Permit No. 135-96 Coastal U.S.A. Fish Company c/o Park Moon Soon 212 North Channel Haven Drive Wilmington, North Carolina 28409 Dear Sir: Reference your application for a Department of the Army permit to dredge 12 square feet of vegetated marsh and 30 feet of non vegetated wetlands, and fill 60 square feet of non vegetated wetlands for the purpose of constructing 12 holding ponds for a commercial fish storage facility on an existing canal off of the Cedar Island Harbor of Refuge, in Cedar Island, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., RM 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 V Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 I 7b --c -L d s Lq ->iz)op pasodoAd puo 6uqsixa-a.Ad Lj�OCJ ZIO SMaIA doi Tf—a—An-6-13 >iDoc[ pasodoid 's = I : aloz)s >JDOCI ODUI�SlXa-aJd Ol C -ww�w►►weew►Mwy�yw� scale V = 20' Figure 8c: Break -away Top view of intake water system. Note: all. PVC is schedule 40 grade. 7,5 P. -7-2- 96 id -_ -L j s Lq •jDUDD aq:} :�D a>jD}ui Ua:�Dn+ pasodo.Ad au; fo x,ajn jouoj:pas-ssou:) .. wJH+rw.wowwV.+M�I� V no 1 ,1 rrTLF,-j a>jID} uI .6 = A :atvDs adid DIP 19C o-o J`)O0Y oor` (>JDO.A jJDW) ap D,A6 jDUIq pDd a:�a.ADuoD paD.Aoeuja.J jaa}s >pjq; ,9 D uo pa;Uriou dund 4-U o'v �HW apDU6 6ui:�sjx3 A scale: V = 6' Figure 8a. Top view aF the water intake at the mhw line. )Y) 5 ( 7- -L-f4 %d-z-L d s .� •uaq,s/,s a>po ui ua:�om pasodoud aq:� 30 Main dol :g a .ob = A aloes (oga-n ., j aas) a)Jv}u] Ja;oM Ora c• A;, ovr steel pipe M JUL 0 S =;v scale : 1' = 20' Figure 7a : Break -away top view of pond drainage. adid Moj,}�no uiow auo o� pa>juil si a6-ouinup puod jjd :Z a.Anl5! ,oV = A : alnDs adid MoIJ4-no - 10.0' 6.0'� rench to be backfilled 6'xl0' block Pitied w/concrete steel reinforced 4.0' 6' concrete steel reinforced Cross-section of a drain basin 1.5' 3.0'rF 12' oftlameter drain pipe. Top View .iiia�aarraAaaaadiiila' scale : 1' = 2.2" Figure 6 Cross-section and top view of a drain basin Note: both top and bottom are square. Y� S � 7-2-p�• � 30' aD.� 6' dia. PVC Drain pipe - 5' dia. grating lF JUL C 8 .:: U __�►� Top View "r"""'...w......s a nil. plastic liner Water level �3.0 ft. 2.5 ft. Pitt fill 45 deg. x nvnte = 77ra3 pl¢e = , 1.0 ft. Cross -sectional View scale : V = 10' Figure 55 Cross-section and Top view of the 30' diameter ponds. 4 nil. plastic liner �3.0 ft. Cross -sectional View Scale . l" = ILI. xfrmn.wwwR...w.-r :�-..-waw■7�: Water level 2.5 ft. Figure 4 , Cross-section and Top View of the 60 foot diameter ponds. .nn s P -7- Z -96 •(6uiqo}oq a4.ou) spuod aq:� aps:.no nauo ll!3 spuod aL44. apisui oa.an u014.onnDx3 .09 = ,i : aIDDS �vNNM (160'.:Sa•1 <45'.33a') fl5'.321.1 � f9T8') t95.252') fa5'.235•) fx3'.202') © t93'.IB6') ta5'.169') (O1141') ta5'.136') ® Guts) fa5'.103•) � ). argin .0') scale : V = 50' Figure 2: Reference coordinates staked out on the proposed work site. . i, 6 C' -7-2--4L JrN-ws v m c stsrlo fgiw o!!O. A.LL LrNls efld✓ NtGr V/1a� MNA�t' ,yyi�S7-SSE 1Ld/� V NJd'/d-I!✓ IFI• �� Nr-ed•dsr >,o • � NJl=or-tt6 Apto ` NJd = dr-!t 6 Ja.o • Ppat. e + 44 ♦� V / .t _ 6fliRr� •.:'_j!A 9e66609N_'±En�i�•F�s�s J-jrt x r df c \ \ f . `,/ op�[ \ / If v • �<6 �/\ •Sufis-!rE I- All r�O / WAAW i /74 ♦ C. SJ.-fd•dJG c SIX, 81 • 1 mow ..err ar/a��e •wco ecti..nris Vb. "r9 .•.rrrddv rw10lr at nGrc 40mWWoer TI... R ' • . � Dar ISI� , .. •. :':.�r4 sd YW Y�.w. W' S\1 SURVEY FOR u ]fs :'• ' 5' X 5VEa ERIK . LARKA A WD •WIFE, J OAN CAROL LARKA CEDAR ISLAND TWP. , CARTERET Co., I.I.G. Faare ib ; BIaE r+t Copy s.te locai';cn - 17:ce�t�o.\5 by _ fo'\d to yc lloa _ C C U proposed - fence #2 total: 405' +yl 4f proposed Fence kl total: 832' +S" 3G existing house tG 3 R. 'mil •. Jbv� Erosion raraaaaeera+Nc� line(MMV) c•) to a o scale: l' = 125' Figure la Leased site showing the proposed fences. Nate: Spot 2 �e Va�i;on5 ,•� %ikG ink. % 5P 7-2-T6 u(anQI - entrance TO I_eaar Island Harbor of refuge S C. Propose to be e scale: V = 87' Erosion Line (MHW) Figure 1: Proposed work site. See blueprint copy (Figure la) for specific location. hh s P -7-Z-46 Form DCM-MP-I APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT C e A o c I a l o n d i K C- a. Landowner: Name —i y e n L ar k ot Address P.C. Box 5-01 City Cedar Island State K C'� Zip 2RT Z0 Day Phone 0191 zzs- Yz.71 Fax b. Authorized Agent: Name Pox'(, moon Soon Address zl'a N. CkAr%ncl lfavcn Dr City lJ I mid+on State _ N— Zip Z8409 Day Phone (qIc) 799 - 5191 Fax (4101 799 - 5194 c. Project name (if any) C ows}wl U.S.A. F,:t%C o Tyar.v NOTE: Per.rdt will be issued in mw of lanldo r(s), and/or Project m . 2. LOCATION OF PROPOSED PROJECT a. County c. Street address or secondary road number r r G.jater ron+) d. Is proposed work within city limits or planning jurisdiction? Yes _� No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Ccdo.r 1- In n d $,0'� 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. GYCPV e.'1'.ne I% SobII I.e ld: _Pen S '".S KrLS i f % L 1/ 1 y�pc�;nw rem 4 ••— 2G •• d' mc%t!' �gJ�ud ,•9 A ins Iene pt "e%1 S'tiNA OI fir, b. Is the proposed activity maintenance of an existing project, new work, or both? 6ot1. c. Will the project be for public, private or commercial use? C omrner-I d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The �e..ds jewu be useA to hell,-iile./.•.der al'y %r ov rsee5 6rcule+a.1 t:.reun,. .rl. - ee,.,Ls a di< <d. Fleu.•drr ,_•nulif nre.-11.I. n..a G.ze. s4tprcd+rd 00• lk eyvfe0 T:.e 1l.Se.' e� A 4(or.% era{ Ica�er -Cer e,%co,vsi-;.,.gJ„ 6e.c k, het der trey cL•;..91 mortar- work end. 62�6c �MeeN�e��NeeAe� Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS 6XGova�Y CA, f.:l\ : — 57, ooe (ys a. Size of entire fact e" - acrC3 ra ; 30 gyres b. Size of individuat)ot(s) 3 aaeWs c. Approximate elevation of tract above MHW or NWL .S -rt_ d. Soil type(s) and texture(s) of tract so...A e. Vegetation on tract bws%.rsr smgA cedar treSti Gam+, f. Man-made features now on tract old 6a1k'-keoA� g. What is the CAMA Land Use Plan land classification of the site? (consuu rue lacai Lwo use plan.) Conservation Transitional Developed Community 1G Rural _r Other h. How is the tract zoned by local government? i. Is the propose,#roject consistent with the applicable zoning? Y Yes No (Anach zoning compliance arrifrcare, if -applicable), j. Has a professional archaeological asses ent been done for the tract? Yes V No If yes, by whom? k. Is the' project located' is a National Registered Historic District ' or does it ' jnvofve a National Register listed or eligible property.) Yes 'No 1. Are there wetlands on the site? Yes _ No Coastal (marsh) As Other If yes, has a delineation been'conducted? (Miach docarnenrmion, if available) to. Describe existing wastewater treatment facilities. �1eAe- 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.) LtnAeveleped anA swrrewnde� 6y wai er en z s: dv_c . flrrxbsed: eirewlated Wot'er d�s�t.o.-...� beck into r e., bay . 13 o. Describe existing drinking watei supply source. No Ae_ - ' ' ' 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 tide 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 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map. is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name ik% Address w; Name e ... .- Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. M A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained is the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the I " day of w1 , 19 '1G . Print Name n Seen P.,rk -" Signature )-I-) --� ,S . Ladow r or Authorized Ag Please indicate attachments pertaining to your proposed project. _f DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development �[ DCM MP4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. JUL 0 8 t Revised 03195 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. Average Final Etdsting Project Length width Depth Depth Acces, chanr (MLW) Canal Boat basin Boat ramp Rock groin Rock break Other (Exclu shon stab D,s LInt: Revised 03/95 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards Z9 )Ids b. Type of material to be excavated san d c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? -4 Yes i/ No d. Highground excavation in cubic yards 7 3 3d 2. DISPOSAL OF EXCAVATED fu /:NW:7 Mail a. Location of disposal area 4,wter{rn„+ 4- 15'7 Morincrs VLllmg Lan[ + Ceder ZslaA4, b. Dimensions of disposal area 1 5 X z91 7 /x 15- 21X IS' c. Do you claim title t disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? _ Yes If yes, where? be ailable for future Va No ' ant"raNwasaanrraa►nhalar Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes v` No f. Does the disposal include any area in the water? JZ Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead y' Riprap b. Length 7-6, ��or'�I) c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months 5}ZwWe, "j/ V5=q;+I'tion (Source of information) f. Type of bulkhead or riprap material Mox 5 to n C. g. Amount of fill in cubic yards to be placed below water level (1) Riprap 3 d 3 (2) Bulkhead backfill h. Type of fill material 5 ah d f (' P r'p rhwcl s rOne i. Source of fill material bnc k4: 11 aiter- o;or h s been lnVed�merI S-ijne fe-�vLedin. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fi I material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water 2 .ids 3 (2) Dimensions of fill area 2.6'X I0X 2-0� (3) Purpose of fill 51. r,.-tone st�.b;I�Lc�t.bn b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes _ v," No If yes, (1) Dimensions of fill area (2) Purpose of fill S. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? s; lt screen Z' huh woull SmrntsnA Tfse _ wn! y s;te- b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 6ac..kllec� '�ro,�'t' end loader' c. Will wetlands be cr3ssed in transporting equipment to project site? _Yes V No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Project Name Signature 0-14 Date Revised 03195 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed 4 - xe- )e 4 C�es-refe (cir urt i.n L\ — � b. Number of lots or parcels one- S acre' lecxse on cr ?r> acre_ rr,cr c. Density (give the number of residential units and the units per acre) Oneyre-exksr,�, itc cc roar prnpn�e� d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 1 2s' x 2-91 7rx IS" intrikc L'x 15" Aic ch ne.v e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes T No If yes, date submitted TT f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. NIA g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. < 1 % h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes _ V No If yes, date submitted i. Describe proposed method of sewage disposal. gone- j. Have the facilities described in Item i. above received state or local approval? k1A (Attach appropriate domwntation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Wester pumped C'-O'y� the Caml would be C ftuir�} ri rc.:t�h rhr �spPdK and A SDI ernes kY cL nto ,Ar cpnc6. (Sze F;y..St' q I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) UfA m. Will water be impounded? ✓ Yes No If yes, how many acres? n�-a-cll e n. If the project is a oceanfront development, when was the lot(s) platted and recorded? 14 JA Coccs+0.1 U 5 A F, sl., C.omp_T Applicant or Project Name d Signature Date 101 JUL 0 Revised 03/95 doYaaaaraaaaaaaa"bwa&af". Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) 1 Commercial _Community _ Private (2) Number 1 (3) Length 'S1 -(t _ (4) Width 11 Fr. (5) Finger Piers _Yes _� No (i) Number (ii) Length (iii) Width (6) Platform(s) — Yes ✓ No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 1414 (8) Proximity of structure to adjacent riparian property lines acaresz C0.A61 (9) Width of water body 80 , w; ar1, (10) Water depth at waterward end of pier at MLW or NWL 5q-r. b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) 43 Breakwater (e.g. (1) Length (2) Average wetlands _ (3) Maximum wetlands wood, sheetpile, etc.) distance from MHW, NWL or distance beyond MHW, NWL or e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water bod) Distance buoy(s) shoreline to be placed beyond Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give mnrlMete desmpnonJ y n c' r,'1 7T"- Cc.s}clU5A EskC.o�� Applicant or Project Name Signature Date JUL 0 0 t; Revised 03/95 traawarasaa a • e..aeese•,�. uoq-000l ai,4iaads .4o,4 (oj aun(Dij) /doo ;uiudanlq aaS a4-is >I-Aom pasodoid :i ajn ij 73 L d _ In L d d fsa 75 U UAHW> aui-I uoiso J3 'in ur t° 5 } JJ Irl 1; li ii Ir tivl��� 'Le = „I :alODS a aq o} asodoad D S D abn3aJ JO uoquoH puo151 Jopa3 0} aauoJ:�ua - I')u0:) ya-z�dsLq • � vi 7ti+19 til suo;�bn7�a �odS : �+°I� saoua j pasodoad aq4. 5uimogs a4.is pasha-] ,ni aun ,S2I = ,I :alms asnoy- 6ul}slxa 7+ a h+ L O d C] d u � i �9f 3 s ,S+ ,2E8 In}o} Ik aoua,3 c� pasodoad O 3 Q �M1{ \ I S'F i I h+ i (AMW) aui-1 £ uoisoa3 I I I F+ ,Sob :ln}o} 2a aDua3 -pasodoad fRaw> DE[!D . A.LL pl[aNN1NNNSNN@a1NMNw AE<.O✓ NlGN vAT6.t MN.O.�' � / BREAK J�IrCI! `A .✓rc'sl-SSE Ir.t/' ♦♦� l �'t>�p \ '[ Pff / Sl> %A-eJE P. 6 \ \ S)l fc�y9 rl i �e�yi�e> ( ♦ NWM \ \ \ � / pmete- rr It sb. J •, c ` i s • ll 0 14A s Al ssl 4 �\ f6f'c - i i N✓M �v.>ulY dY D c<Er+EN/f /Y OFNIILS ordlStaN fin! !r.• FrJ /t )G FN!!/r !D SWUlY fir, \ m9 �_ Tha`.It Was P« SURVEY FOR is (s .c, ?:xi Ift thi eiilce ►e scn2^1�; tj 7.1 5VEN ERI K . LARKA _�lJ A �I D- W I F E, Ibis _ 11 JOAN CAROL LARKA CEDAR ISLAND TWP. , CARTERET Go-,^U.c F�gUre lb B,_kc n1 5 to louat.c —T-- P copy o n. D-re�tio.)S }'Y r-ond in y e llo • rrton i1. _.. r:vi ec: oa 1 A(up'22-nd 04.3DP Starllnp Aqua -Parma D1 7DD-EODO r. y P.03 ?-*sai M,41P', 4411',Oul'D 41 Ii5',lSd'1 4 u!1',fna, 0 :C6by 1 1` - SO' Fiylu"o 2 Refer cr,cc �uur dir,ates st�kpd CIA ur, V wror•I< c;itr• D:sr.k&V [l rp•.p1'1 ie prapor.lmlq 9b-z-I- d.S Ll <6uiL{o4.nU a4.ou) spuod aL{q- apis4.no na.An 111d -spuod ag4. apisui oauo uoi�,nnnax3 : C a.An6iJ ..........rm�1 .. s o TV 3 x f „16Z ,oS = ,i : aloDs 4 nil Liner ,V3.0 ft. Cross -sectional View 5cale I I"= to. fAwwww�w� www • • awwM�Ml�. Water level 2.5 ft. Figure 4 ; Cross-section and Top View of the 60 foot diameter ponds. )t) s P 7- 2 -96 ♦— 30' 0.1).—► 6' din. PVC Drain pipe 5' dia. grating L 0 8 uu Top View 4 nil. plastic liner Water level �3.0 ft. 2,5 ft. FM fill 45 deg. xcnvn �1rnID p$e - J 1.0 ft. Cross -sectional View scale : 1' = 10' Figure 55 Cross-section and Top view of the 30' diameter ponds. }h 5P 7-2` 4 10.0' .0' 5.0' 6'x10' block Filled w/concrete steel reinforced Irench — to be baCkfllled - 4.0' 6' concrete steel reinforced ross-section of a drain basin I� 1.5' 3.0' 12' diameter drain pipe. Top View 1.5' scale ; 1' = 2.2' Figure 6 Cross-section and top view of a drain basin Note both top and bottom are square. Yh 5 r 7-2-pI ds cq >{aop pasodoud puo 6ui}sixa-aud q}oq '40 sMalh dol :01 aun i j 8 © lnf A >iDoa pasodoud ,8 = „i : aloDs >lz)oQ 6ui}sixa-aud ,OTC C)UQ 011 mo)j 1 no Ab13 PuyiYY aep�� rb-,CQ- $ M()1J1nn �AJOLj 11d PwunD i+0 ' d 8 •d OOOZ-11641 0715 , E : Z0 1661'LZ*TT NLUJVJ-vnby MUEL.a"4S daVs40 96-ZS-anb. woad FR 011 Aug-zz-p6 Q4t4OP starling aqua -Parma 11._7. 1991 02: 3; P. 9 91O17og-$Ba0 P.O9 wet ioto euxIttcv'y ground wetet- Nuinpg C) aGale 1" - 'IU' obi viaw of the proposed watf r• in take 1y-z2-J3 •I4:.a o'.+ pe'}u}I!San :)y} .18no abp!Ja !ilm +.I�.11 •;dwn,'d uIq!a.la�}nY vm} puaifsns b� fau.n .:ry, pIhOM NDoa p)uu� paanrin.Jd y , ,mau, 9R ,C'a . ,1 1o10,+4 7,Mw f .w .f •f I �f •f T m T •f f �1• .n .f m p0}a}Icon I I rM ' Iq �ulld 8O'd 0892-08L ate OU4LJWVG dOtrii+O BO-ZA,-SnW ii'd 8�]:i0 Ieel'R.•TS H08d T ,..,;rl ))fv;U rjurl� 7h-7,2-� � nM %),.)W( QAJ 91.4 40 µran vis 7777777 ,C ■ d ow�a -a �Kn•n� ^1 80"d O692-e30141 Ota' awjad-Qnbd 9u4!L. MZS dIVIVO 96-Z2ti Bnjw'. il'd $i:70 Icel'_Z'li WOMA Backfilled sand 12'dia. drain 1.5' P�Pe Cross -sectional view of drain pipe. Riprap water flow scale V = V To drain basin JUL 0 8 ?dav lJ36TZiuJ_u u-a :1 �Mibarwn��asawP'�T Figure 9 Cross -sectional views of the discharge pipe into the canal. h, 5 ( 7-z-% State of North Carolina Department of Environment, ,Health and Natural Resources • Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1D E H N FR Roger N. Schecter, Director October4, 1996. Coastal U.S.A. Fish Company 212 N. Channel Haven Drive Wilmington, NC 28409 Dear Sir The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS I I3A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John Parker, Jr. Major Permits Processing Coordinator JRP jr/amw Enclosure P.O. Box 27687, N�`, C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 � 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N, Schecter, Director October 3, 1996 Mrs. Mildred Gilgo 164 Moms Marina Road Atlantic, N.C. 28511 Dear Mrs. Gilgo: A '", IDEHNFR Please reference your letter to the Division of Coastal Management dated August 1, 1996 concerning your objections to the proposal by the Coastal USA Fish Company to develop a flounder holding facility adjacent to Cedar Island Bay in Carteret County. The Division appreciates and shares your concerns about protecting the high quality fisheries and water resources in the project area, and we have looked very closely at the potential impacts environmental impacts associated with this project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In the case of this project, the agencies charged with protecting fisheries resources (N.C. Division of Marine Fisheries, National Marine Fisheries Service, U.S. Fish and Wildlife Service) and water quality resources (N.C. Division of Water Quality, N.C. Division of Water Resources) have stated that they are satisfied that the project, as proposed, should not have an adverse impact on their respective resources. Furthermore, the proposal has been determined to comply with the Rules of the Coastal Resources Commission. Subsequently, the Division has issued a CAMA Permit for the proposed action, and we are providing a copy of this permit to you for your information. The Division appreciatesyour taking the time to comment on this issue. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: Charles Jones, DCM-Morehead City Coastal U.S.A. Fish Co. P.O. Box 27687, FAX 19-733-1495 Raleigh, North Carolina 27611-7687 l� ��U An Equal Opportunity/ Affirmative Action Employer Voice919-733-2293 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 3, 1996 Mr. Todd Miller North Carolina Coastal Federation 3609 Highway 24 Newport, North Carolina 28570 Dear Mr. Miller: 1� •�, E)EHNR The North Carolina Coastal Federation has expressed an interest in a proposal by the Coastal USA Fish Company to develop a flounder holding facility adjacent to Cedar Island Bay in Carteret County. The Division appreciates and shares your concerns about protecting the high quality fisheries and water resources in the project area, and we have looked very closely at the potential impacts environmental impacts associated with this project. As you are aware, the Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In the case of this project, the agencies charged with protecting fisheries resources (N.C. Division of Marine Fisheries, National Marine Fisheries Service, U.S. Fish and Wildlife Service) and water quality resources (N.C. Division of Water Quality, N.C. Division of Water Resources) have stated that they are satisfied that the project, as proposed, should not have an adverse impact on their respective resources. Furthermore, the proposal has been determined to comply with the Rules of the Coastal Resources Commission. Subsequently, the Division has issued a CAMA Permit for the proposed action, and we are providing a copy of this permit to you for your information. The Division appreciates your taking the time to comment on this issue. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293. Sincerely, "cti,.o,/ /7 �� Doug Huggett Assistant Major Permits Coordinator cc: Charles Jones, DCM-Morehead City Coastal U.S.A. Fish Co. P.O. Box 27687, y�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nir - CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 ,�� Wok recycled/10% post -consumer paper AUG 0 2 1996 iawlariwairai»or�vw�p' August 1, 1996 Coastal Resource Commission c/o CAMA Charles Jones Re: Application from Park Moon Soon Project Name: Coastal USA Fish Co. Dear Sir or Madam: COMMENTS• This project is an environmental hazard to waters of Cedar Island Bay. A. Fish create large amounts of waste which will be pumped into the bay. B. The very statement of Mr. Soon that natural feeding insures continuous good water quality because there is no spoilage of unused food, does not tell you that concentrated numbers of flounder will be contained, thus referring you to (A). C. The statement that food which includes small "live fish" does not state that "live fish" is all that will be used. To the contrary, this is so vague, yet so well written that if this comes into being, CRC will have given its blessings to have not only "live" juvenile fish used but also any other feeding sources that Mr. Moon Soon wishes to use. D. Mr. Soon will not be able to supply these fish from the local bay on a year-round basis and will need "supplemental" food sources. E. Intake and discharge will be into a canal that is an extension of Cedar Island Harbor of Refuge. This is a polluted water body by classification. "Fecal coliform test does not measure the relevant microorganism (viral and bacterial pathogens)..." -z- F. CRS Commission by allowing such an operation not only would be giving permission to further pollute our estuaries, but the very frightening possibility that because we are talking about live fish "sushi" being eaten, CRC could also be unknowingly giving sanction to the use of pollutants being in fish for human con- sumption because they are not cooked. "Major end products in the digestion process are dissolved nitrogen and phosphorus species (mainly ammonia and orthophosphate) and particulate matter. Ammonia is the primary end product excreted by the fish. when material that was once feed input exits, the pond within water exchange is an effluent "pollutant". Under the general NPDES permit regulations, "con- centrated aquatic animal production facilities" are considered point sources requiring NPDES permits for discharges into waters of the U.S. These are defined as hatchery, fish farm, or other facilities that meet criteria of the CWA. This generally includes commercial marine aquaculture fish farms or facilities that "contain, grow, or hold cold water aquatic animals in ponds, raceways or other similar structures which discharge at least 30 days/year. This project will be continuous intake at 150 gpm with auxiliary pump capable of the same and continuous outflow PLANNED USE OF PROJECT: HOLDING PONDS FOR COMMERCIAL USE A. This may read holding ponds but, if allowed, everything is in place for fish farming. B. "Correlations between aquaculture and harmful blooms of toxic phanhton have been documented in Japan where intensive culture of fin fish and shellfish occurs in poorly flushed bays (Nose 1985)". Toxic blooms sometimes cause closing of shellfish beds and, in some cases, can be lethal to fish. C. Net -pen aquaculture operations typically result in large amounts of solid wastes, including feces and uneaten food from fish pens. (Lined ponds) (C) will still be pumped back into canal to harbor to estuaries of Cedar Island Bay. -3- DESCRIPTION OF PROJECT: A. States 12 small ponds. Figure 1 shows 4 large, 8 small. It is noted that flounder will be graded by size. Market sizes are small, medium, large, jumbo; this explains the 4 large ponds. No explanation of 8 smaller ponds - of which by Figure 2, each two are to be connected by water flow to a larger pond. It appears that there is long-range planning for either growing food or, at the very least, holding food sources. At any rate, there is not enough information submitted to know the full intent of such an operation in the future. 12 small ponds = 4 at 60, diameter and 8 at 30' diameter on a 5 acre usage of individual lots. Approximately 1/2 acre of water will be impounded: a. It is odd that this section is in Upland Development Section. Any time that we are talking about one person or business or operation in control, there is a public trust issue involved. Comments are used from: 1. Estuaries Vol. 18, March 1995 2. Marshlands, March 1995 3. Marine Aquaculture by National Research Council 1992: Environmental Issues PERSONAL COMMENTS AND OPPOSITION: 1. There are very valid environmental concerns that have and continue to arise over aquaculture world-wide, not just in Carteret County or North Carolina. 2. If fish can be transported overseas, so can disease and nonindiginous species be brought back. 3. There need to be an environmental impact study on issues such as these. 4. One cannot look at a permit -by -permit basis; our public trust and human rights deserve better management of such operations. 5. The cumulative affect needs to be incorporated. 6. Applications that will affect water quality need to be much more inquisitive. -4- 7. I request that this application be denied. 8. I request that I be notified of any changes or information in this process and also the decision or decisions made in reference to this application. Respectfully submitted, (Mrs.) Mildred Gilgo 164 Morris Marina Road Atlantic, NC 28511 August 1, 1996 zcc: Doug Huggett, DCN/Raleigh Dave Adkins, DEN/Wilmington Dave Taylor, DNF/Norehead Jeff Richter, COE Park Moon Soon ',�s4 s q?l sv14s uo y Z�L -Xdo-g OW �) VJ15Ldj /a_))/�/ OCTOBER TUESDAY Name the three players who led in scoring in college and the NBA. S M T W T F S 6 7 8 9 10 11 12 16 17 18 19 20 21 22 y�IAeJ¢W a;ad pue AiieB 20 21 22 23 24 2fi 2fi 77 28 29 30 31 )Iola 'ulzljV Ined - b3MSNV State of North Carolina Department of Environment, Health and Natural Resources ' A—— •0 Division of Coastal Management James B., Hunt, Jr., Governor Jonathan B. Howes, Secretary 1:3 E H N R Roger N. Schecter, Director September 25, 1996 Coastal U.S.A. Fish Company 212 N. Channel Haven Drive Wilmington, N.C. 28409 Dear Sirs: This letter is in reference to your application for a Coastal Area Management Act Major Development permit to carry out construction on property located adjacent to Cedar Island Bay in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and take a final action on your permit request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 133A-122(c) which would make December 5, 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. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: Charles Jones, DCM-Morehead City P.O. Box 27687, I11� ,.0 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1 �� An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recvcled/10% cost -consumer nooer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Park Moon Soon (Coastal U.S.A. Fish Company) 2. LOCATION OF PROJECT SITE: adjacent to NC Hwy 12 and Cedar Island Bay, just south of the Cedar Island Harbor of Refuge, in the community of Cedar Island, Carteret County Photo Index - 1989: 57-671(I,18) 1984: 204-3(J,13) State Plane Coordinates - X: 00000001 Y: 00000001 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7-3-96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 7-8-96 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret Land Classification From LUP - Rural (B) AEC(s) Involved: PTA,EW,CW,ES (C) Water Dependent: Yes/No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Tank Planned - (F) Type of Structures: Existing - House, docks, deteriorated bulkhead Planned - Intake and discharge pipes, fences, etc. (G) Estimated Annual Rate of Erosion: slight Source - Personal Observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ± 12 ft.z Juncus romerianus (B) Non -Vegetated Wetlands ± 30 ft.z ± 60 ft.z Bank area below the MHW line (C) Other ± 36,250 ft.z High ground (D) Total Area Disturbed: ± 36,250 ft.z (E) Primary Nursery Area: Yes (F) Water Classification: SA/SA ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 12 holding ponds for the temporary storage of live flounders. The facility will have an intake and discharge pipe which within an existing canal off the Cedar Island Harbor of Refuge. FIELD INVESTIGATION REPORT: Park Moon Soon (Coastal U.S.A. Fish Company PAGE #2 9. NARRATIVE DESCRIPTION: The project site is located within a ± 30 acre tract of land located off NC Hwy 12 and adjacent to Cedar Island Bay and the Cedar Island Harbor of Refuge, in the community of Cedar Island, Carteret County. Many years ago, a previous landowner excavated three canals into the property with the resultant spoil being used to raise the elevation of the adjacent property. A wooden framed two- story residence is located on the property and a deteriorated bulkhead and offshore breakwater exists along the shoreline area. A active clam lease is also located offshore of the property. In 1981, a CAMA permit was issued to the previous landowner which authorized the construction of a condominium and marina project to be know as Mariners Village but this development never was undertaken. Over the years the canal systems have developed into an informal docking area for some of the local commercial fishermen. Typical size of the work boats which use the area are in the 18' to 23' class. The waters of Cedar Island Bay and the adjacent canal and Harbor have been designed by the NC Division of Marine Fisheries as Primary Nursery Areas. The canal and Harbor are classified as SA waters while Cedar Island Bay is classified as an Outstanding Resource Water. The waters of the Harbor and canal systems are closed to the harvesting of shellfish. The applicant is leasing a 5 acre parcel of this property which is located directly adjacent to Cedar Island Bay and a finger canal. The shoreline of the canal can be characterized as having a ± 3 to 4' high vertical bank with a 0 to 10' border of primarily juncus romerianus growing waterward of the bank. Scattered amounts of spartina patens, myrica cerlfera and cedar exist along a ± 5' to 10' fringe area along the bank with the remaining high ground property consisting of centipede and various grasses and "prickly pears". The shoreline along Cedar Island Bay is a sandy beach area vegetated with spartina patens. The applicant's proposal is to construct 12 upland ponds for the purpose of holding live flounders for the overseas market. Flounders would be graded on size and separated to different ponds. Four of the ponds will be 60' in diameter and eight ponds will be 30'. The ponds will be 3' deep with a mounded berm around each pond. The total disturbed areas for the pond and berm and fill areas has been estimated to be ± 290' long x 125' wide area. All ponds will be lined with a plastic liner. The food source for the contained flounders would include small live fmfish such as croakers, spots and killifish. Water for the pond operation is to be supplied by a 3' diameter aluminized steel pipe which will be placed in the existing canal and within a ± 7' wide x 26' long x 9' deep trench. Discharge water from the pond will be placed in a 12" aluminized steel pipe and placed back into the canal. The applicant has indicated. that the pumping and discharge demands for the pond system will be ± 150 gallons per minute (gpm). Riprap material will be used to stabilize the excavation cuts for the intake and discharge line cuts. In order to provide a suitable unloading platform for the flounders being brought to the facility by boat, the replacement and enlargement of an existing pier is proposed. Presently this pier is ± 31' long x 5' wide and is proposed to be enlarged to a width of 11'. The applicant has provided a detailed description of the project including construction techniques, volume of ponds and spoil, timing, etc. and this should be consulted for a more detailed description of the project. 10. ANTICIPATED IMPACTS: The project as proposed will result in the land disturbance of ± 36,250 ft.z of high ground property with the majority of the material generated from the pond excavation being used to create berms or dikes around the facility. The applicant has proposed a silt fence around the perimeter of the fill area in an attempt to contain the fill and this could provide some short term stability. There will be some limited excavation below the mean high water line in conjunction with the intake pipe and it is expected that ± 30 ft.2 of shallow water bottom area and ± 12 ft.z of juncus romerianus would be impacted. It is estimated that ± 10 yds.' of sandy silt material would be excavated and placed on adjacent high ground. The stabilization of the bank areas which are cut for the installation of the intake and discharge lines will cause ± 60 ft.2 of shallow water bottom area being filled with ± 5 yds.' of riprap material. This facility will discharge ± 216,000 gallons a day of water into the existing canal. The water should be relatively the same salinity of the receiving waters. There will, however, be a concentration of fish excrements from the flounders and from the live bait fish used as a food source for the flounders. Those impacts will need to be considered in the review of this project. *** The applicant has expressed his willingness to discuss this project in detail with any interested parry. You should contact him directly at his Wilmington address and phone number. PREPARED BY: Charles Jones DATE: July 10, 1996 0 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Park Moon Soon (Coastal U.S.A. Fish Company) COUNTY: Carteret LOCATION OF PROJECT: adjacent to NC Hwy. 12 and Cedar Island Bay, just south of the Cedar Island Harbor of Refuge, in the community of Cedar Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 8, 1996 FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FIELD REPRESENTATIVE: Charles Jones RIOT OFFICE: Morehead DISTRICT MANAGER REVIEW: vt �,?: i ��. B) DATE APPLICATION RECEIVED IN RALEi( f r F ` REC'D: $ Z ST� PUBLIC NOTICE REC'D: _ EIS OF..:NQTIC ATE: ADJ. RIP. PROP NOTICES REC'D: ✓ y ' " D REC'D: �N: APPLICATION ASSIGNED TO: A� y — —9 L C) 75 DAY DEADLINE: CJ - ,?, 2 - V 150 DAY DEADLINE: MAIL OUT DATE: �— �'� / �q STATE DUE DATE: / FEDERAL DUE DATE: FED. COMMENTS REC'D: l 1 c y PERMIT FINAL ACTION: ISSUE DENY DRAFT ON y 23 ` yl AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance 7,26/�` �/ Land Quality Section _ 4 Div. of Env. Management State Property Office Div. of Archives & History �._ / 1- 96 Div. of Env. Health -�� ✓ Div. of Highways _. Sl Wildlife Resources Commission �, 13_ 9 / rI Div. of Water Resources LT Div. of Marine Fisheries V md't '�0 MEMORANDUM: TO: Doug Huggett FROM: Charles Jones SUBJECT: Coastal U.S.A. Fish Company (Park Moon Soon) DATE: September 12, 1996 I understand the applicant has been in close coordination with the Divisions of Marine Fisheries and Water Quality in designing and modifying aspects of the project. If those agencies have no objections to the project and are satisfied that water quality and fisheries resources will not be impacted, I have no objections to the issuance of a permit with the following conditions: /2 4 cc No marsh grass will be excavated and/or filled. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales, or burlap must be installed between the land -disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetated cover. The terminal end of the discharge pipe must be located at or landward of the mean high water line of Cedar Island Bay. A riprap splash apron must be provided at the terminal end of the discharge pipe. The splash apron must be of sufficient size and design to prevent gulling erosion and unnecessary siltation occurring below the mean high water line. The splash apron must be located to more than 2' waterward of the mean high water line of Cedar Island Bay. Any change or changes in the plans for construction, or land use activities will evaluation and modification of this permit. Preston Pate Jeff Richter, COE development, require a re- RECEI EO SEP 131996 C kSX MANAGEMENT wlllk. 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 July 10, 1996 MEMORANDUM: TO: Kathy B. Vinson, District Planner Division of Coastal Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Park Moon Soon (Coastal U.S.A. Fish Company) Project Location: adjacent to NC Hwy. 12 and Cedar Island Bay, just south of the Cedar Island Harbor of Refuge, in the community of Cedar Island Proposed Project: to construct 12 holding ponds for the temporary storage of live flounders; the facility will have an intake and discharge pipe which will enter an existing canal off of the Cedar Island Harbor of Refuge. Please indicate below your office's position or viewpoint on the proposed project and return 31, 1996. If you have any questions regarding the proposed project, please contact Char 7021. When appropriate, in-depth comments with supporting data is requested. & + � RECEIVED IG 9 1996 REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. by July 9) 726- This office approves of the project only if the recommended changes are incorporated. ,See attached. office objects to the project for reasons described in the attached comments. SIGNEDt DATE P.O. B 769, U41 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper I �s TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Park Moon Soon (Coastal U.S.A. Fish Company), Cedar Island, Carteret County DATE: August 7, 1996 The Park Moon Soon (d/b/a Coastal U.S.A. Fish Company) project site is located adjacent to NC Hwy 12 and Cedar Island Bay, just south of the Cedar Island Harbor of Refuge, in the community of Cedar Island, Carteret County. The applicant proposes to construct 12 holding ponds for the temporary storage of live flounders. The facility will have an intake and discharge pipe within an existing canal off the Cedar Island Harbor of Refuge. Areas of Environmental Concern (AECs) impacted by the project include Public Trust Areas, Estuarine Waters, Coastal Wetlands and the Estuarine Shoreline. Waters at the site are classified as SA/SA ORW and are closed to the harvesting of shellfish. The waters of Cedar Island Bay and the adjacent canal and Harbor have been designated as Primary Nursery Areas (PNAs). I have reviewed this proposal for consistency with the 1991 Carteret County Land Use Plan (LUP) Update, as amended September 24, 1993, and offer the following comments. The general area of the project is classified as Rural, while the AECs impacted by the proposal are classified as Conservation. The Carteret County Land Use Plan discusses the County's intentions regarding development in Conservation classified areas in the Resource Protection and Resource Production and Management Policy sections of the Plan. Applicable policies include those for Marine Resource Areas (Page IV-11). With some exceptions, none of which appear to be applicable to this proposal, Carteret County supports the use standards for development in Estuarine Waters and Public Trust Areas. Carteret County's policies regarding Residential, Commercial, and Industrial Development Impacts on Resources are discussed on pages IV-10 and IV-11. Carteret County restricts commercial uses in Estuarine Shoreline areas to those which are water dependent or are supportive of commercial fishing. The Plan notes that where zoning exists, all uses must be consistent with the established zoning. In this section of the LUP, Carteret County discourages any additional point source discharges of pollution into primary nursery areas, 0 outstanding resource waters, and shellfishing areas. Regarding development in Coastal Wetlands, the LUP notes that except as prohibited in the polices section of the plan, development allowed by the 7H Use Standards will be allowed in areas identified by the NC Division of Coastal Management as coastal wetlands. I can find no policy in the amended LUP regarding development in coastal wetlands which would appear to prohibit this project. Resource Production and Management Policies for Aquaculture Activities are discussed on Pages IV-9 and IV-10 of the Plan. Carteret County considers aquaculture to be the cultivation of aquatic plants and animals under controlled conditions. County policies encourage all aquaculture activities which meet applicable federal, state and local policies (as discussed in this section of the LUP) and permit requirements. Applicable County policies state support only for those aquaculture activities which do not alter significantly and negatively the natural environment of coastal wetlands, estuarine waters, public trust areas, natural heritage areas, and freshwater wetlands that are shown on the Land Classification Map of the LUP. These policies state Carteret County's objection to any discharge of water from aquaculture activities that will degrade in any way the receiving waters. The Field Investigation Report prepared by Charles Jones cautions that a concentration of fish excrements from the flounders and from the live bait fish used as a food source for the flounders will be contained in the waters to be discharged. If a determination is made that this project will result in the degradation of the receiving waters or that this activity will constitute a point source discharge, this proposal may be inconsistent with tYw,,o amended 1991 Carteret County Land Use Plan. Please feel free to call if you have questions or need additional information. ? CC: Preston Pate Charles Jones ��srd on u3r^cr Katrina Marshall (ammNlfs has on State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman. Director IDFEE HNFI 3 September 1996 MEMORANDUM TO: John Parker Major Permit Processing Coordinator FROM: P.A. Wojciechowski� SUBJECT: CAMA/Dredge and Fill Permit Application for Park Moon Soon (Costal U.S.A. Fish Company) The subject project has been reviewed. The concerns that the Division of Marine Fisheries sent to your office under cover letter dated 9 August 1996 have been satisfied. Consequently, this agency has no objection to the project as proposed with the understanding that the answers to our concerns are carried through as stated. Any modifications to this project should be processed through the Division of Marine Fisheries for comments prior to implementation. PAW/jjh permits\moon S fpFCFi�EO �,. Flit 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 Aie , Division of Marine Fisheries 1 James B. Hunt, Jr., Governor p E H N Jonathan B. Howes, Secretary Bruce L. Freeman, Director 9 August 1996 MEMORANDUM TO: John Parker Major Permits Processing �Coordinator FROM: P.A. Wojciechowskf— :�"vu' SUBJECT: CAMA/DREDGE AND FILL PERMIT APPLICATION Park Moon Soon (Coastal U.S.A. Fish Company) The subject project can not be adequately reviewed by this Division until the attached concerns are answered. If the applicant can not provide answers in a timely manner, the project may need to be put on hold. PAW/bc cc: Bruce Freeman Dr. JoAnn Burkholder RUN j996 AUG`b 31A MANAGEMENT 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 July 10, 1996 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator 1, •5' ID FE F 1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Park Moon Soon (Coastal U.S.A. Fish Company) .AL I I M DM --PUB. TRAILIBLANDS Project Location: adjacent to NC Hwy. 12 and Cedar Island Bay, just south of the Cedar Island Harbor of Refuge, in the community of Cedar Island Proposed Project: to construct 12 holding ponds for the temporary storage of live flounders; the facility will have an intake and discharge pipe which will enter an existing canal off of the Cedar Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 31, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described in the attached comments. SIGNED ,mayx ��(�' DATE B- P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper CONCERNS FOR COASTAL U.S.A. FISH COMPANY The following are specific problems or areas where information is lacking as they relate to the biological and environmental implications of the proposed project to the surrounding ecosystem, as well as to the flounder being held. 1) Discharge of fish waste in the effluent from the proposed project will add to the nutrient load in this Primary Nursery Area, Whether this loading will be immediately or cumulatively detrimental to the resource can not be determined from the information presented. The following specific information is needed. a. Average numbers and sizes (by length) of summer flounder and southern flounder to be held in the ponds; b. Size and species - specific excretion rates (per 24 hour period) C. Chemical composition of the excrement (in order to estimate COD and BOD) 2) Because the canal receiving the waste is a dead-end canal, we need to know the length, width, depth, bottom type, and flushing rate of the canal to evaluate possible eutrophication. 3) Because the intake will be located downstream from the discharge pipe, the applicant needs to provide information concerning the expected recirculation of discharged water back into the ponds and through the system. How much will waste concentrations increase per cycle? 4) The intake is located in a designated PNA. We are concerned with probable entrainment/impingement, of larvae and juvenile organisms. a. What size screens will be used on the intake? b. Will the screens be tended sufficiently to remove impinged organisms in good condition? C. Where will the impinged organisms be released? d. What are the anticipated rates of impingement by month and species, including size ranges? e. What proportions of the existing population of economically important species occupying the canal are expected to be impinged by the intake (by species)? f. What proportion of macroscopic plankton (fish eggs, small larvae, copepods, etc.) existing in the canal are expected to be entrained on a monthly basis? (These organisms will be lost to the Public Trust). 5) Because there will doubtless be mortality to some degree of the flounder being held in the ponds, we need several questions answered: a. On a monthly basis, how many of each flounder species by length groups are expected to be held in the ponds? b. By month what is the anticipated mortality rate for the flounder held in the ponds, and what is the basis for determining that rate? C. What will be the disposition of flounder which die in the ponds? Concerns for Coastal U.S.A. Fish Company page'2 9 August 1996 J 6) Has the applicant applied for a NPDES permit for the discharge of 216,000 gpd. Because the discharge waters are a PNA, we believe a NPDES permit should be required. 7) We also have a number of fisheries questions which must be answered so that we can examine the full cumulative impacts of the proposed project. a. Because the Cedar Island area is already extremely crowded with pound net stands, what are the anticipated sources of flounder for this operation: existing fisherman and nets or new fisherman and nets? If the latter, about how many new pounds nets would'be expected? b. The proposed food source is small fish: croakers, spots, and killifish. How will these fish be caught and where? Are the applicants aware that availability of these species is high seasonal, with lowest availability during the peak of the flounder season and therefore, the primary "holding" season? C. If the applicant can not acquire sufficient live fish for food what will he do? If they use artificial or frozen food, what will they do about waste food and spoilage in the ponds? d. Is the applicant aware that the Moratorium Steering Committee has endorsedsedig minimum size limits "for all recreationally significant (or potentially significant) marine and/or estuarine species" through state fishery management plans? Such limits would certainly apply to spot and croakers -precluding their retention and use as fish food. What other "live" food source might be used, and what would be its source? e. The primary holding period will extend through mid -winter. Will the flounder in such shallow ponds be able to survive existing winter conditions without high mortality and resulting waste? State of North Carolina Department of Environment, Health and Natural Resources ��� Division of Marine Fisheries Ater James B. Hunt, Jr., Governor ID F-=HNR Jonathan B. Howes, Secretary Bruce L. Freeman, Director xel-wo"&2w 31 July 1996 TO: John Parker FROM: Mik eet, Chief, Analysis & Planning SUBJECT: Park Moon Soon (Coastal U.S.A. Fish Company), flounder holding facility, Cedar Island, Carteret County The North Carolina Division of Marine Fisheries has conducted a preliminary review of the subject permit. We have many concerns in such areas as water quality, possible food sources for the flounder, effects on the PNA which will serve as the source of process water and recipient of discharge, fishing gears to be used for live food fish, and disposal of fish which may die. The Marine Fisheries Commission is quite concerned about this project, as well, and will provide its own comments. In order for the Division and Commission to do a thorough job of reviewing this application, we request an additional 75 day comment period. Within two weeks we will provide a list of questions which must be answered in order for the Division to fully review this proposal. MS:sab cc: Bob Lucas Dr. JoAnn Burkholder Bruce Freeman Ski permiLPaM 40& 9 Wg '1AJ SSYg19g6 146yr 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 Division of Environmental Management Water Quality Section Environmental Sciences Branch September 4, 1996 NUMO ;7NiL11Ju To: John Parker, Division of Coastal Management From: John R. Subject: CAMA Pemut Arplication Water Quality Comments Park Soon Moon Carteret County The attached memo from Mr. Jim Gregson of our Wilmington Regional Office dated 26 August 1996 refers to several design modification and proposed permit conditions. We believe that with these conditions the CAMA permit will protect water quality. Please call me at 733-1786 if you have any questions. cc: Wilmington DWQ Regional Office Central Files 12i /ll iiECEtVE� 96 SEP 1219�I R4hti��g�c;;i � �! -To: John Dorney Environmental Sciences Branch DIVISION OF QUALITY :M: MAJOR PERMIT APPLICATION REVIE I'Araffif.: • nn • ; :.0 RW C1 AkJ .n: Y L REVIEWER: GREGSON-3� ACTING WQ SUPERVISOR: BUSHARDT�� DATE: August 26, 1996 WETi.AND INFORMATION FOR CENTRAL OFFICE TRACKIN(� PERMIT YR: 96 PERMIT NO.:960689 COUNTY: Carteret PROJECT NAME: Park Moon Soon (Coastal U.S.A. Fish Company) PROJECT TYPE: Aquaculture PERMIT TYPE: CAMA c� COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: July 23, 1996 yrq o�996 REG OFFICE: Wt'RO RIVER AND SUB BASIN#: 030410 *STREAM OR ADJACENT WATER BODY: Cedar Island Bay CLASS: SA NSW ORW STREAM INDEX #: 27-1494 *OPEN OR CLOSED: Closed WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicants are proposing to construct 12 holding ponds for live flounder. Flounder will be held for up to several months until they can be sold to overseas markets. Water will be pumped continuously into these ponds from Cedar Island Bay or from two wells. The facility will discharge 432,000 gpd continuously from October through December and 64,800 gpd continuously from January through September. The facility will discharge into a canal which is tributary to the Cedar Island Harbor of Refuge. .: Y 01 t911YY wDI tV .I • IF YES, TYPE: TYPE OF DISPOSAL PROPOSED: Existing septic tank TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A AREA OF FILL - WATER: N/A WETLAND: N/A fSME IS FILI, Fr IMINATING A SIGNIFICANT USE? N/A ECEIVED 121996 UaS1LHA;EP,4EW �960689.Aug Page Two The Wilmington Office received a fax from Mr. Moon 'ark containing "review modifications" added to the CAMA application as well as a response to DMF : ;erns over the project. Modifications to the application include: 1) The relocation of the water intake Cedar Island Bay. 2) The proposal to use a .125" screen/filter on the intake to reduce larval fish entrainnent. 3) A change in the flounder food source from croaker, spot and killifish to only killifish. 4) Discharge'ines were changed from aluminized steel pipe to corrugated black -poly pipe. 5) The discharge rate was :hanged from 150 gpm continuous flow from October through December to 300 gpm. It is my understanding that the project is located within a Capacity Use Area. It is suggested that the applicant contact Mat Wilson with the Division of Water Resources concerning the requirements for obtaining a Capacity Use Permit. As a condition in the CAMA Permit, it is recommended that, upon operation of the facility, the applicants monitor the effluent from the facility monthly for the following parameters: BOD5, total and suspended residue, NH;, TKN, NO, and NO,. Results of the monitoring data should be submitted to DWQ for review. At the end of 12 months of monitoring a decision should be made, based on the sample data, whether monitoring should be continued or suspended. cc: Central Files Wilmington Regional Office Files DCM-Charles Jones John Parker State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes Governor WATER QUALM SECTION Secretary August 26, 1996 Mr. Park Soon Moon, Agent 212 North Channel Haven Drive Wrightsville Beach, North Carolina 28480 Subject: Coastal USA Fish Company Carteret County Dear Mr. Moon: The Wilmington Regional Office received final stormwater information for Coastal USA Fish Company on August 26, 1996. Staff review of the plans and specifications has determined that the development activities proposed will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. Please keep in mind that this determination does not relieve you of your legal responsibility to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Areas Management Act, Federal, State, or Local Governments. In addition, any future modifications to the project will require additional review from this Office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 395-3900. Sincerely, (-Gr Dave Adkins Water Quality Supervisor DA/arl: S:\WQS\STORMWAT\CAMA\USAFISH.AUG 9 .N101- i cc: Charles Jones, DCMn John Parker, DCM Garry Yeomans, Carteret Building Inspections Wilmington Regional Office Central Files _ "` ✓T ; .1 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal opportunity Affumative Action Employer Sta ID North Carolina De a ent of Environment, He th Ind Natural Resources Divisio of Coastal Management James B. Hunt, Jr., Governor �) Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM DIV. u July 18, 1996 EDEHNR RECEIVED TO: Ms. Linda Sewall, Director JUI ^ Division of Environmental Health FROM: John Parker, Jr. DIV• OF ENWR0t4WNIA1 ` LALTH Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Coastal U.S.A. Fish Company/Park Moon Soon PROJECT LOCATION: Adj. NC 12 and Cedar Island Bay, in Cedar Island, Carteret Co. ✓ PROPOSED PROJECT: To construct 12 holding tanks for temporary storage of live flounder. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. 4? REPLY This agency has no objection to the project as proposed. 1"- ll - AUG 1.6(396 This agency has no comment on the proposed project. Mp ENZ ►�EM This agency approves of the project, only if the recomme 8 an 4 incorporated. See attaehed.A5-R-�Ort> This agency objects to the project for reasons described in the attached comments. Signed-- Q Date LAyl�t��QTC�CCId�� P.O. Box ��C Raleigh, North Carolinaolina2 I 7611-7687 1 Voice 919-733-2293 FAX 919-733-1495 An Equal opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: July 10, 1996 Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Jr. Major Permits Processing Coordinator 1 E:) FH:7 F=1 CAMA/DREDGE & FILL Permit Application Review Park Moon Soon (Coastal U.S.A. Fish Company) _= jUL23199E OF ,(.-,ASTAL Nt NAGE R cE ED JUL 311996 GUASIAL MANAGEMENT adjacent to NC Hwy. 12 and Cedar Island Bay, just south of the Ce� c jlaand Harbor of Refuge, in the community of Cedar Island Proposed Project: to construct 12 holding ponds for the temporary storage of live flounders; the facility will have an intake and discharge pipe which will enter an existing canal off of the Cedar Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 31, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at 919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. '-? I , REPLY: This agency has no objection to the project as proposed. c _ `�S 1.1, This agency has no comment on the proposed project. This agency approves of the project only if the recommend s are incorporated. See attached. rr T•IE TrflL LAaW b _DiSredAA)c-E kL EXCEED a4E Ak,¢E , fj SEDIIWAJTATraJ? EJ90S/OAI C4VrQoC AfAIIS RrQ019CD This agency objects to the project for reasons described in the attached comments. Gc63 it..., 114G SIGNED DATE Jrxy Z9�/SriL P.O. Box 769, 344 dell St., Morehead City, North Carolina 28557 • Courier it 1-12.09 Telephone 919-726.7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 18, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator 1DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Coastal U.S.A. Fish Company/Park Moon Soon PROJECT LOCATION: Adj. NC Hwy. 12 and Cedar Island Bay, in Cedar Island, Carteret Co. PROPOSED PROJECT: To construct 12 holding tanks for the temporary storage of live flounder. Please indicate below your agency's position or viewpoint on the proposed and return this form by August 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are requested. ��; REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended incorporated. See attached. ' RECEivEO AUG 13 1996 CUA3 iAL MANAGEMENT This agency objects to the project for reasons described in the attached comments. n P.O. Box 27687, N 7CFAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Afffrmarive Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper • tate of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: SUBJECT: APPLICANT: PROJECT LOCATION: PROPOSED PROJECT: July 18, 1996 Mr. Joe Henderson, Acting Director State Property Office Department of Administration John Parker, Jr. Major Permits Processing Coordinator 1L •W EDEHNFR CAMA/DREDGE & FILL Permit Application Review Coastal U.S.A. Fish Company/Park Moon Soon Adj. Hwy. 12 and Cedar Island Bay, in Cedar Island, Carteret Co. 681 To construct 12 holding ponds for the temporary storage of live flounder. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 1996 If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in depth comments with supporting data are requested. REPLY_ This agency has no objection to the project as proposed. AC 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. 2z P.O. Box 27687, Nis"' CFAX 919-733-1496 Raleigh, North Carolina 27611-7687 An Equal FAX Action Employer Voice 919-733-2293 h R!!7!R'TY ►f 50% recycled/10% post -consumer paper V 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 A� ��� k E:)FEE HNFz1 July 10, 1996 MEMORANDUM: J U L 2 3 1996 F' "SION OF TO: Mr. William A. McNeil, Director COAS1,vt_ MANAGEMENT Division of Community Assistance (V JAXI FROM: John R. Parker, Jr. rMANJAGEME9N Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Park Moon Soon (Coastal U.S.A. Fish Company) Project Location: adjacent to NC Hwy. 12 and Cedar Island Bay, just south 6T. Harbor of Refuge, in the community of Cedar Island ilt�' Proposed Project: to construct 12 holding ponds for the temporary storage of live flounders; the facility will have an intake and discharge pipe which will enter an existing canal off of the Cedar Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 31, 1996. If you have any questions regarding the proposed project, please contact Charles Jo 726- 7021. When appropriate, in-depth comments with supporting data is requested. , o� � � RFCF/VED rlriCCIA A�9g6 tv REPLY: This agency has no objection to the project as proposed. cc GSIAL w This agency has no comment on the proposed project. y 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 LL DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier # l l-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 18, 1996 ul Imurrel:7_ 11111u1 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator 1� FD EE H N FR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Coastal U.S.A. Fish Company/Park Moon Soon PROJECT LOCATION: Adj. NC Hwy. 12 and Cedar Island Bay, in Cedar Island, Carteret Co. PROPOSED PROJECT: To construct 12 holding ponds for the temporary storage of live flounder. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date REc� EO c AN-1-4'996 CUASM -, MMt1NAGEMENT P.O. Box 27687, N%�« FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal FAX Action Employer Voice 919-733-2293)M 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: I tr K0J47A E SUBJECT: APPLICANT: PROJECT LOCATION: PROPOSED PROJECT: EDEHNFR July 18, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Coastal U.S.A. Fish Company/Park Moon Soon Adj. NC Hwy. 12 and Cedar Island Bay, in Cedar Island, Carteret Co. To construct 12 holding ponds for the temporary storage of live flounder. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in- depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. Thi agenc o ' is to the project for reasons described in the attached comments. Signed Date 31 %� RECEIVED AUG 5 1996 CUrtstAL MANAGEMENT P.O. Box 27687, N��� FAX 919-733-14955 Raleigh, North Carolina 27611-7687 1, � An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 Gaf® 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 July 26, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator �aWA 1' T s,� 1DEHNFR SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLI&NT: Coastal U.S.A. Fish Company (Park Moon Soon) 0 � 6 E U T L� [1 JUL 3 0 19% U DMF-PUB. TR./SUBLANDS PROJECT LOCATION: Adj. NC Hwy. 12 & Cedar Island Bay, in Cedar Island, RECEIVED JUL 311996 COWAL MANAGEMENT PROPOSED PROJECT: To demolish the existing building and replace it with anew 3-story structure. 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. WeD Coly✓XYJ' Td J'vfv Elz7k 4,dle*9 . Yf x ?osrV cR�c y OT' A-.���� c .9NT. ,s�/Fi£ o /fv c w.�llr?I w ,yi c y G /ri.� 2 iG.yT TO �•�iuuc.v,.-> Signed Date '2 , /✓ii/< O L o/'° y U � /Il g/° 2 /Yi 7--?' V,¢'21f y 7?31i£ 01re,Ri10TiO1✓. S/fO..ca /v9116F GOPy of 71EE'O wi7.5' 4Fi5-c,,IlleVi`1• w,Y,07' w,E IV"" i S ^VO �� d.D . P.O. Box 27687, ,W FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/AftirmatNe Action Employer Voice 919-733-229350% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources DNision of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: 116)&F SUBJECT: APPLICANT: PROJECT LOCATION: PROPOSED PROJECT: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources John Parker, Jr. Major Permits Processing Coordinator A/' •�, tiv EDEHNFR CAMA/DREDGE & FILL Permit Application Review Coastal U.S.A. Fish Company/Park Moon Soon D?t4" OF WATER RESOUROEs Adj. NC Hwy. 12 and Cedar Island Bay, in Cedar Island, Carteret Co. To construct 12 holding ponds for the temporary storage of live flounder. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 9, 19%. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in- depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date AUG 7 1996 CUnSIAI MANAGEMENT P.O. Box 27687, I_17��C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50% recycled/10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 23, 1996 Regulatory Branch Action ID No. 199605398 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 Coastal U.S.A. Fish company for a Department of the Army permit to dredge 12 square feet of vegetated marsh and 30 feet of non vegetated wetlands, and fill 60 square feet of non vegetated wetlands for the purpose of constructing 12 holding ponds for a commercial fish storage facility on an existing canal off of the Cedar Island Harbor of Refuge, in Cedar Island, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 3. No vegetated wetlands, other than the area identified in the plans, will be excavated. 4. Dredged material will be placed in a stabilized, high ground disposal site. 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7. The authorized structure and associated activity will not cause an unacceptable interference with navigation. ✓8. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 9. The National Marine Fisheries Service and the US Fish and Wildlife Service will be copied with all water quality sampling reports, as required by the North Carolina Division of Water Quality. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, PPro freyer ject Manager Wilmington Regulatory Field Office Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Morehead City, North Carolina 28557 2 T-OYfw; !,rirgUn Qiwt ,--rt 9-2C-96 8:49 1153CE-Fmg, Branc". ;# 2 j i septam:er :C, 7996 Ae_ulaccry 9rar ::: Arti-o. r. ID Na:. 19960r398 Mr. John Parkar Div_®ion of Coaara: Manageme.-.t North Carolilia DPpartTert of Naalth, and Nature: xesoQrcea Post Otfi::e Box 27687 Ralr19h, North Carnling 276L'-',EGA Dear *ir. 'arsar: Refarence the i^ it f _ _ °I" Parr,-, in %fi..J.A. rl-:: m'&II ter a ae artment o • L.� hrr, u; r • y zy ;+arc_ to dre:.ae 12 mc�u4rQ feet of veoatatad ¢.gran and 30 feet of n:.r. vroatatod waclands, a-. .aat:anIs for the purpose of ccna 6-' s4are feet of eon vegetated itch tru,: t''1-n, ponds for g Commercial Rafu.g on an exi9•4ting canal o.`f of the Cedar Ie:and Harbor :,f ` - at County, North Carolina. 11010016. The F_dera: agaeciea have cllrrletby tte applicaticr, eu review c_ xceyarield1>roy:.eai ae ureae^tad-A7on rep�,rt. wa racommer,7 that the follow:ng cund!tl n(a; ce ...rl.:czc the . autr.orizatior': fate 1. All work auth.rized CciF=Lance with the permit plans. ` pgrf.;_med in etri�r ✓✓/ 2. t:c excavated or fill ::at�eri.a•ls Will be glaoe;i at. 1r:y ..,Te vegetates wetlands :.r waters. any wig b3. uo vegsr'kted wetiarxia, Other _ha:: t,.a area ide^t:fl _. 11 e axcavatad- sd ._. _ a r.:a::x, di*-OLy: site. eri m-Ytaria: will be rla::e-. In e:.a:;:2:zed, high grou%d AN NrTW54'ta 5. The fill r�atarial will ba clean and free of shy pollutarta except la trace cLIzed. lea. metal preducte, organic :rateriale, or unsi.grtly debris will, not be Used. 6. The peraittee will maintain t.tle i._tnor,zed wura in yoed conditio^ and in conformance w:th the terns and conditi^na of ttia pet�ir The permittea is not red'-eved of t-is re,uirar..ant Lf he aFard;na the permitted aeti.vity w-thcut having It. transierred '-o a third party. The author -zed atrjctuia End aaa _.see+ aa. Sv'� uracceptai,le i^terreranca witl ..... --Y mill r,•-,- cauae an d. Tt:e Depe:-sect cf the AcRny po rmit does cot obviate the need tc obtai.r. otter F'adersi. Stare. or .-Ca' a,I%I orb zattona r9qufred oy law. �T:fNT 9Y:r1Ji!m;igun Ls:r.c"L . 8—LC . J;4@ u-SIIGc-RBg, Branch- a- m 9. Th® National Marine Fi7herie2 5arvicFs anc tha US .is:1 and Wildlife service will be copied with all �wattr cud!-ty .sampling reperta, as required by the North Carolia Diviaicn of Water Quality. Questions or comments may be addreceed to the unaera!gned at telcpl:one (910) 251-4636. Copies Furnished: Mr. John Dornev Division of Water Quality north Carolina Deparcment of Environment, Health, and Piat.ural P.e Bourcae 4401 Reedy Croak Road Raleigh, North Carolina 276C7 Mr. John Hefner U.S. Fish and Wild144e Service Fish and Wildlife Enhancemant ?oet Office Box 33.726 • Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine risheriuo Service Pivere Island Beaufort, North Carolina 28516 Mr. Thomas 'Welborn, Chief Wetlands Regulatory Section - Region 1V Watlands, Oceans and Watarshedo Branch U.S. FnvirOnmantal Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jonrs, District Manager Morehead City Regional office North Carolina Division of coastal Management 3441 Arandell Street Post Office Box 769 Morehead City, North Carolina 28;57 2 Sincerely, Jeffrey B. Aichter Prolaot MaragEr Wi1+r.ing1.on P.eyulatory Field Cffice United States Department of the Interior Lieutenant Colonel District Engineer, U.S. Army Corps of P.O. Box 1890 FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 16, 1996 Terry R. Youngbluth Wilmington District Engineers Wilmington, NC 28402-1890 Attention: Jeff Richter Dear Colonel Youngbluth: SFP�Fi�F� oFAr50, r 996 A111V 4T The U.S. Fish and Wildlife Service (Service) has reviewed the Field Investigative Report and application for permit Action I.D. No. 199605398. The applicant, Mr. Park Moon Soon (Coastal U.S.A. Fish Company), proposes to construct and operate an aquaculture facility adjacent to Cedar Island Bay, off of SR 12, in Cedar Island Township, Carteret County, North Carolina. The facility is located on a site which was constructed by dredging, filling, and bulkheading in the early 19501s. The site is an elevated finger (probably designed to serve as a breakwater) between the Bay and the most northeasterly of three canals. The facility is to comprise eight small (30' diameter x 1' deep) and four large (60' diameter x 1' deep) circular ponds created by adding fill onto a 36,375 sq. ft. area on the finger. According to the modified plans, water will be pumped from the closest canal (from two pumps) over the edge vegetation and into the site. An existing wooden bulkhead will be replaced at its' current location to reduce potential erosion and incursions by storm surge. Wastewater will be gravity driven, and exit into the bay. The project purpose is to hold, and grade southern flounder (Paralichthys lethostigma) for the export market. Water will be flushed either once or twice daily depending on seasonality and fish biomass in the holding ponds. No additional boat traffic in the canals is anticipated as a result of this proposal, although some offal and/or waste may be created when fish are killed and prepared for shipment. The North Carolina Department of Agriculture has determined that flounder aquaculture operations may be covered under their National Pollutant Discharge Elimination System (NPDES) General Permit to Discharge Seafood Packing and Rinsing, Fish Farms, and Similar Wastewaters (GP). They have accordingly issued a permit for the operation of this facility. This is the report of the Service submitted pursuant to, and 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 Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). We are not opposed to the issuance of a permit for the modified proposal. Additionally, the applicant has agreed to the following Special Condition: 1. The permittee shall, within one year of permit issuance, incorporate a solids removal system (e.g., screening or filtering of wastewater) in the discharge system. The diameter of solids to be removed, and the system design, will be developed by the applicant in cooperation with the North Carolina (NC) Division of Marine Fisheries, the NC Division of Coastal Management, the National Fisheries Service, the U.S. Corps of Engineers, the U.S. Environmental Protection Agency, and the U.S. Fish and Wildlife Service. Further, the permittee shall maintain the system to ensure it remains functional and effectively removes solids from the waste stream so that they will not enter Cedar Island Bay. We believe that this Special Condition provides important enforcement and water quality protections for the fish and wildlife resources in the area, and allows the applicant a reasonable amount of flexibility given his economic need to begin operations immediately. Should operational concerns involving Federal trust resources, which includes many piscivorous birds arise, we recommend the applicant contact the Service or the National Marine Fisheries Service for technical assistance. The Service is concerned that the GP was not developed with flounder -growing, coastal waters -discharging operations in mind. NPDES permits are generally authorized under Section 402 of the Clean Water Act. The issuance of NPDES permits for discharges into coastal waters are somewhat limited under Section 403 of that act. Further, the GP is typically issued to permit discharges associated with raising certain freshwater fish species. Therefore, permitting discharges for the subject aquaculture operation via the GP may be an expanded interpretation of its' intent. The capacity to provide novel or expanded applications of GP's can facilitate flexible and timely responses to unique proposals. However, various resource agencies (e.g., the Service and those on the "carbon copy" list below) have a variety jurisdictional concerns which should be considered prior to expanding GP's beyond the scope envisioned during interagency reviews. We urge the NC Department of Agriculture to coordinate any unusual applications of GP's with us in the future. Our concern is procedural in nature and should not delay the issuance of the subject permit. r• We appreciate this opportunity to comment on this application. Please call Kevin Moody at (919) 856-4520 extension 19, or Mike Wicker at extension 22, both of my staff, with any questions or comments. Sincerely, ohn M. He er Field Sup visor cc: NCDCM, Morehead City, NC (Charles Jones) NCDCM, Raleigh, NC (John Parker) NCWRC, Raleigh, NC (Frank McBride) NCDA, Raleigh, NC (Tom Ellis) EPA, Wetlands Regulatory Branch, Atlanta, GA (Thomas Welborn) NMFS, Beaufort, NC (Larry Hardy) FWS/R4:KMoody:KM09/16/96:/919/856-4520 ext.19:B:\moon DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROUNA28402-1890 REPLrTO ATTENTION OF September 18, 1996 Regulatory Branch Action ID No. 199605398 Mr. Ron Sechlar National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Dear Mr. Sechlar: Please reference the attached modification request concerning Coastal USA Fish Company's proposal to construct temporary holding tanks for flounder, adjacent to Cedar Island Harbor of Refuge, in Cedar Island, Carteret County, North Carolina. The requested modifications are in response to various agency concerns regarding anticipated adverse environmental impacts resulting from the project as originally proposed. Your review and submittal of comments concerning this proposed work within two weeks of the date of this letter will be appreciated. Should you have any questions, please contact the undersigned at telephone (910) 251-4636. Enclosure Copy Furnished (without enclosure): Mr. John Parker ✓Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Sincerely, iti��-3 �99g Jeffrey H. Richter Np�E�j,ENS Project Manager ,CA $ Wilmington Regulatory Fielrj� ice Mr. Charles Jones Area Office Manager North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENDONOF September 18, 1996 Regulatory Branch Action ID No. 199605398 Mr. Kevin Moody U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Dear Mr. Moody: Please reference the attached modification request concerning Coastal USA Fish Company's proposal to construct temporary holding tanks for flounder, adjacent to Cedar Island Harbor of Refuge, in Cedar Island, Carteret County, North Carolina. The requested modifications are in response to various agency concerns regarding anticipated adverse environmental impacts resulting from the project as originally proposed. Your review and submittal of comments concerning this proposed work within two weeks of the date of this letter will be appreciated. Should you have any questions, please contact the undersigned at telephone (910) 251-4636. Enclosure Copy Furnished (without enclosure): ✓r. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Mr. Charles Jones Area Office Manager North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 MEMORANDUM: TO: Jeff Richter FROM: Charles Jones SUBJECT: Coastal USA Fish Company (Moon S. Park) DATE: August 29, 1995 Attached is a request from the applicant to modify his pending permit application. The modification concerns the proposed installation of ground water wells, the relocation of the discharge and intake lines, etc. I am also included a letter that the applicant submitted to the Division of Marine Fisheries which addresses concerns they had on the project. Since the US Fish and Wildlife and National Marine Fisheries Service will be meeting the applicant next week, I will provide those agencies with the same information as I am transmitting to you. If you have any questions, please contact me at my Morehead city office. Enclosures cc: Preston Pate Doug Huggett Kevin Moody, USFW (w/enclosures) Ron Sechler, NMFS (w/enclosures) yRrc? EO AUG 30 1996 LI�YJ lfIL AIANAGBwENT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF August 8, 1996 Regulatory Branch Action ID No. 199605398 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Enclosed is the application of Coastal U.S.A. Fish Company for Department of the Army authorization and a State Water Qua i y rtification to dredge 12 square feet of vegetated marsh and 30 feet of non vegetated wetlands, and fill 60 square feet of non vegetated wetlands for the purpose of constructing 12 holding ponds for a commercial fish storage facility on an existing canal off of the Cedar Island Harbor of Refuge, in Cedar Island, Carteret 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, and 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 October 5, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure 11 12 Copies Furnished (without enclosure): �J i�LCE�VLo Mr. John Parker AUG 121996 PL. JD�ision of coastal Management V0't11T North Carolina Department of Nw�"' Environment, Health and Natural Resources �t Post Office Box 27687 Raleigh, North Carolina 27611-7687 - ƒ f ƒ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATfENnON OF August 8, 1996 Regulatory Branch Action ID No. 199605398 Coastal U.S.A. Fish Ccmnany ATTN: Mr. Park Moon Soon 212 North Channel Haven Drive Wilmington, North Carolina 28409 Dear Sir: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received July 17, 1996, for Department of the Army authorization to dredge 12 square feet of vegetated marsh and 30 feet of non vegetated wetlands, and fill 60 square feet of non vegetated wetlands for the purpose of constructing 12 holding ponds for a commercial fish storage facility on an existing canal off of the Cedar Island Harbor of Refuge, in Cedar Island, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you,' applied and provide justification that your selected plan is the leas ' damaging to water or wetland areas. ACOVEO b. It is necessaryfor you to have taken all a AUG 1S (y" y appropriate and ctic�y;lJfAL steps to reduce wetland losses. Please show all that you have done, Ib INpp)AGFh9EN especially regarding development and modification of plans and proposed' construction techniques, to reduce adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please show your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by August 22, 1996. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199605398. It will be coordinated by the undersigned in our Wilmington Field Office. I am available at telephone (910) 251-4636. - Sincerely, FILE NAME:cl30.ag CESAW-CO-RL/RICHTER/pr/s MAIL CESAW-CO-R/FILES Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of -Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY r� WILMINGTON DISTRICT. CORPS OF ENGINEERS P.O. BOX 1890 50 WILMINGTON. NORTH CAROLINA 2S402.1890 Regulatory Branch ' j ^ Action ID. P- (90 53g8 Applicant \ Oa$}a� v H W Waterway reA, r 0'A r County c- 7-f ,T Type Work` j- Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Mr. John Parker Fisheries Division of Coastal Management North Carolina Department of Environment, Health and Carolina 28516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 (Vic Ctw 1es Jones MoCche.gci C.'tiy Regional Office Division of Coastal Management North Carolina Department of Environment, Health and Natural Resourc�ys 1~,ox � (O�--k Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed.. Your comments mments and/or recommendations would be appreciated on or before ` r� Questions or comments may be addressed to lm �st�r� Field Office, telephone (a10) LS1- Li63 Regulatory Branch, W(o Sincerely, it rAUG ECEIVED v 8 1996 Jeffrey H. Richter UASIAL Project Manager NAGEMENT Wilmington Regulatory Field dce Enclosure u - FROM 34t3gP Starling Aqua -Farms 11.27.1991 02:34 D10 7DD-EBLO dl r Facsimile Cover S To: Mr. Woldeohowski Company: DEHNR ROOM (919) 726.7021 Fax, (910)728.8082 From: Moan S. Park Company: coastal USA Fish PhOno: (919) 226-0044 Fax: (919)226-0744 Data: 8/22198 Dear iYl r as'F' .x S D na e d P d to make awe +-Le r k*.v% � e w �'+ 1• -�1,Q wa-�er �:Ni-ake , 'T'he Feast :ilt-y 4� t'v.hV%IV% - pkakse power !Ra 3 a yds 0*4 $C" Laa.S y�o� i o.%r fir4Vd�. CGii4f Is. �wn� 1 � �+ .� La a. S G -f', n ei -jro / 1 o W i ►%q "j her'e ore i 4, i ilC@ P 4 ! y! P. 2 P.01 BLANDS FROM 11.27.1991 02:34 P. 3 --U-«-ro 04239P Storling Aqua -Farms PI 1 CAMA major permit application COWIN QV AVACoMPW 6ubnatted eel/05 After oarAll oonsideration, It is relt the following changes are " The roposed live food source will changc from oraakers, They would betaken tram area creeks using static Division of Marne Pisheries. 7DO-2590 & killifish to >* pproved by the NC " Two "ground water" wells are proposed (see new figure a) to attract water orl(y for pe 06 of emergency such as red -tidal oil spill$, etc. The wat , flow would be the same as that of sur&oe water, "The proposed pond drainage lines will change from 12" diameterl aluminized steel pipe to 12" diamator non-oorrosive black poly corrugated pipe, " The proposed rate of water lntake will change firm Iso gpm toll o 00 gpm continuous load Rom October through beeember, thereafter to 45 gpm cc inuous load, " The proposed water Intake has changed fmm an underground re ervolr system to a more'environmpntally safe above the ground pier housing two.au mersible pumps. (see tlgures ga-b "now") " The proposed water discharge location w41 change hue to eonoetinI about possible increased waste concentrations per, Circulation, The new loeatlo1Y# has no vegetated marsh and prevems possible autrcphleation, please note these changas on the fbllov&W Pages as the "now" drawings will replaoe the'bld". ! P.08 FR011 11.27. 1991 02:35 P. 5 cafe of North Carolina Dlvlslon of Coastal Management re: COMM for Coastal USA Fish Company CAMA / Dredge & Fill Permit Application Dear Mr. Woiciechowski, Thank you for this opportunity to address the oone4 Fish Company project in your memorandum dated August 9, unclear or inadequate information In the CAMA application, answeri to the questions you have posed. 1) A relatively large volume of water would be circulated throu every 24 hours (-864,000 gal./day) or a complete water ohs, October thru December, thereafter at 123#000 gal./day, This would help to dilute concentrations of fish excrement, / greatest only ftom the end of October -December, thus Goole; activity will minimize excretion rates. And finally the Enviro Agency recommends, as noted in Appendix C of 40 CFR Ch, Permit is required for our production rate less than 45,454 ki Mr; Steve West an Environmental Chemist 11 with the Divisi( Wilmington, NC - the EPA has made this allowance due to t1 culture facilities (under 45,454 kg/ year) discharge acoeptablt without any mention of classification of water body Le, prima a. Coastal USA Fish Company has a "no tolerance" policy for ur than 13" in length, Our market plans focus only on southern 1 lethostlgma) greater than 3 pounds each. Specifically 17.511 and up, Average size and length -18" or roughly 3.5 lbs / fis. fish to:be hold: (see answer 5a) o �AUG 2110 DMF- UB, TRAUBLANDS August 20, 1996 About the Coastal USA i, My apologies for any a following are specific the system continuously over 2.1 times/ day" ;o fish densities will be water and less fish nental Protection -122.24 nQ NPDES year. As suggested by of Water Quality, fact that smaller aqua evels of fish excretions nursery areas. ersized flounder less under (parallchthys 31bs„ 20" - -- 4 lbs, Average number of b. Coastal USA Fish Company would produce less than 45,454 k annually (see question 1) ther4bre, excretion rates should fall within federal standard . c, Again, we are relying on federal guidelines or to keep the that discharge levels of COD & DOD will be acceptable. 2) Canal length: --700 ft. Bottom type; sandy bottom with width! —6o ft. Flushing rate: varies considerably depth: —5 ft. tidal fluctuations; — small enough, so areas of mud wind velocities. 'e . • FRO[1 11.27.1991 02: Z6 i 3) The proposed water intake has been relocated into Cedar Is and Bay. This should Prevent recirculation of any waste eoncentratione. 4) a..125" screen / filter would be used around the intake area Water flow would be slow enough for most juvenile fish to stay clear. b. The soroons would be systematically tended as often as n ssary to keep them clear, These facilities would be monitored 24 hours / day while eater is pumped. c. The impinged organisms would be released 50 feet from d e intake or to a recommended distance by the NC Division of Marine Fish rios, d.. f. Perhaps the NC Division of Marine Fisheries can parallI anticipated impingement with our water intake to that of clam hatcheries in the s ,rounding area. 5) a. Flounder species to be contained in these ponds will focus my on southern flounder (paraltchthys lethostlgma) Sept, - � 100 lbs/ each pond Oct.' - Dec.• — 500 lbs/ 30' dia, pond & 20001bs 1,60' dia, and Jan, - Sept, - — total 3000 lbs for research & development. b. Sept-- Oct.—10-15% mortality on incoming fish within 3 da S. Thereafter, less than 1 % mortality per month, Nov,- Dec. —5-10% mortality on incoming fish within 3 day . Thereafter, less than 1 % mortality per month. Jan,- Sept, ,(not known) The basis for determining the rate of mortality is from 4 yeat s experience in handling and studying live flounder in a model pond located in Cato Beach, NC. Also, a study of overseas flounder fhrms has yielded similar results.Il c. Very; weak flounder will be taken from the pond and packed nun adiately - sold as fresh; Fish which have died in the ponds will be disposed of mmediately, Methods of disposal include freezing for non-food products or incineration. 6) see question 1 7) it. We have been buying flounder since 1989 in the Cedar Island•Area and have a source Of existing fishermen. This operation is not promoting any n4 fishermen; P. 6 FROA u 11.27.1991 02!36 P. 7 b. The proposed food source will only be killifish*. They w it be trapped in area creek$ Ong static gear. The availability of killifish would be sul ficient during the primary holding season. C. Our past experiences have proven that the availability, tra ping methods and transporting of sufficient quantities of killifish is feasible aid should not be a Problem, Artiflcial or frozen food is not in our plan. d, We are aware of these minimum size limits, and killifish t� the best of our knowledge is exempt, e. The primary holding period will not extend through dd-m inter but and in December. However, a small scale test is proposed to keep flounder t itough the winter months. " see additional review modifllrgtiony submitted 8/21 /96 to CANIA c/o W. . Charles Jones Special thanks to Dr. Lewis Daniel for his prompt and courteou help in this matter. Thftnks once again !vlr. Wojcfeohowski for your consideration. lease feel free to give us a call anytime there is a question or concern, M o-sh S ton S. Par! 19) 225-0644 19) 225-0744 (tax) 01AII mt4ld nl 0 } yv 11>1e1LAI .18'4OM #m. jW M,)In dul =ny .IJnHjj _ ,Q - �i iJIODC •• •^Mel ufn Jli1lJ Jd)AWOIF� �1�• y L so•d 0e92-6611OL6 o1'd dS:Zo 1661'LZ'ii S IZ I- sward-enbV Ou{ Lac':M eJOtisyo oa-zzienw , , woad 'Coto i l.l! .14);Vm n; j•U�J t)� aN� a t) vld a+lll JA M?!n tduA�•}�iJL rL:,U,J� i��c1.3 J NI 4 } l JVOu,P 1 D O Q 0 ...... ).JI)W) <d3)v.10 rhAf!'111Y,-! Jowl 1 Nusl ,J xul 1 t.lsoJujutWJ ton}s WINI .9 0 wn p.));JI • d rjwr)Q LO'd 069$-ast101e II'd 22:Z9 1661'LZ'IT trwae,3renby Bu}Lrsel-S dovsvp q6-ri$i Bnp : woad FROM •�p(up�RE-96 04141P Sx.arlyng Aqua -Parma 11.27.1991 02:33 P.14 91.0 17109-2990 V. au ADDITIONAL DIVISION OF MARINE FISHERIES Dr. Louis Daniel of the Division of Marine Fisheries has i the Divisions inability to secure biological samples from south the As sh that e from our live Corrlpa Y In any way land mustio be dl posed eration aft Fish f thosb flel available to the Divlefon's blologloal sampling program on e to the Division other then the manpower to visit our site or mortalities be so low as to not produos a reasonable sample will weight samples so ade l long as thosable to e priorion staff e samples do not result In any xpreesed conoerns over im flounder destined for of no value to the USA will be saved and made weekly basis at no cost f plok them up. Should size, southern flounder take neosssery length - additional fish mortality. p-I!�ouo,ld tdP'•1>A 1) ILVIys.4 X-C I Utz }YIV �Jdt{0}S 5�3�.OUjr, ,.IQQ7 •d�1.IJ•AJ f•JZI :�•)..Irll!9i� A` •00a • A • ajo?a � •F7��grJ c•p TC4i I� ��'^. l.,fu:�SRbr coed 0892-664 fTO b I 92:ZU I66I'_Z'ii Id% p 1•bi'.Or Of 4 �6180'0> r✓ fjvv"uU TiMAV A-vnby 9u 1 ce;� d6Cstro pe-ZZ-6nfY, IaUL'd C)Uu O'l Ma1J1 no 10' ...- Ave purfYx abpe� 7b-,�C- $ MoIj I no kAlo4! pa>JL,II �pj puod IIV / aur,Gl,i ,/F „t . alU.)!> IbUvD u 40'd 8 'd Oaga-8841 Ole Z}izo [66112GI1i ew.aad-vnbv SU1L.a"14S dl3C=YO 9C-8Z.-�nb. woad i a>I0j UI ,A 4'UM pasodn,Acl ; q} 4o Md!n clu a,lnC51 q "n}vl .Aa}VAI > �... �,., �................; ......... bC aln .,la}r)M pUY1Q.AEi ���I11Xr1rJ 90'd 0698-M41 OL6 6 'd L£:i© 1661'LZ'll NLUJVJ-Rnby SU4L�4e'4S dOb=tp0 9d-zzrSnv laoad ry-z2-� 141.+ou pd u}IGJA :)1.!} .lino JOP!JQ Ipm t.�ul •%CSWnd igla.laugny v ; pu ar)ana b} pa+,n .:cy pinaM >inop puvJ)o-, r).)lnrin,)d y Msu, 08 s an I { 1p .C'R .l rLlOd% spuu,j tIL Via..., ..... Ti •n T .n � •n tr*..1041 po}o}Itlan Cd�P'tA —�IN1 tilJull! jun ' .ldi duvlrl .tl d QO'd 0698-66L 018 aluAvd-enbti BU{ L..ieq.9 dObt bO 96-ZZy Bnw, ZS'd a`S:ZO i66i 'LZ'IS WOifd .J.11d ))fv- uq T fh-tZ-� oM �%)IP;U 0.4d a:,{;. JO MnJA nK11S (}j 0, rl j 0 POO d l{E.1 ow ..,, .. ....,.. -- f.1 L SO'd 0698-eac�ota £I'd 8£:70 1661'LZ'11 1 sw.awd-vnby SU4L..in3S dSb�,bO 96-ZT, 9n1d. woad A,jg,?.? -96 04 r 13P 910 799-2?690 P-02 Review U90 inns on f AMA major permat apphcati;m ((uwal USA r?.sh (*nm f-a v S"4rmtfed?0t % after careM ccntsiderabor,, it's falt the Mowing : hanges am necessary " i'hc proposed live food source will change from crobker% %loots, it kitlzfish to Qnly jyj�6-h. They wvmAd be taken from arra creel c imng static seer approved by the NC t)msion of Marine i-tshem-S • Two "gramd water~ wee .; are ,proposed (sax new figirre. Et) to extract w*atE 0"Ij far periods of emergency such as red -tide, oil spills, etc The water flow would tie the same as that of stuface water " The piopoied pond drainage lines MR cicanpe firum 12" dramder a1ussp44xd aed pipe to 12" diameter non-carmsive blsek_wly outiogeted pipe • The proposed Fate Of WOW irkake :Vt11 CtMge 60M ' 50 gprr, t<• 300 gpm � Mr(I t 100" load from October through Demr-bet, thereafter to 45 gpmt continuous 1,)ad. " The Ixoposmi water intake has 'hmWd firers an urxlerg rnmd re;annrir sy.stcm to a more envirmrmiftalty safe above the ground pier homing two stlbxnerssble pumps. (sec figures ma-b "ttW) The proposed water disahart a location Mil change due to cor,cems about , o;sklo increased waste conncentra kim per circulation. The new Itx:arun bras no wgetated marsh and preverrrs possihle autro*cation Picase note these changes on the follawuW pages as the "new' drawings will replace the "old". e�sc .1192 Oi'Nrej.,trtsod A v 11 1:;: �4 FFCH 1,Cr9 l'iCREH&-,ll DIq 247 333CI TO D-H -P ri-E 1 GH t -iW :' j of M. -IQ,' I Z 'I I,% rt .I .-I Oj_ 0 C. Sys bu+ so 016 sIuAvj-�nbV atorling Aquas Faarmm I 1 7.:.,-1 0 ? : - 4 Dl + i9D-28A0 �r To: Mr. ` olclechowski' Company: DEIgNR Phone; (919) 726d7021 Fax; (910)728-6062 From: Moon S. 'ark C®mMY: COasta1 USA Flshj Comp ny Phone. (919) 226-J044 , Fax: (919) 226-0744 i D&W 8122/68 ccPMV"s►%+S Dear e-d ro .1M, Sifry �,,4- vie- rria ke O v 15 *I,e r l�a.►ti9 e w �'{ 1, i s )AAA � Cre -pore, p ,ec;a e 4:'i-f%,4 •c Jro /10 Li(" 9 I ao 1ncleq lyJ F. P.O1 JSUBLANDS '� " S 0,44 M••-a—cc—wst, C74S SS)p, Starl Ing Aqua—FgV—MC 91C 722-2690 I i on CAJA'A major permit application Caosrpl VX4 FyACcmpmty >utttslned M UPb Afler aarefbi aonalderation, It Is felt the foilowli�s changes are a The �ropoaed live food sourco will change ftom eronkers, spotd, & killifish to poly k1llE9Jth They would be taken from area creeks ushtg static gaa approved by the NC Division of Marine Plshmries, I Two "ground waterh Wella are proposal (sae new flguro 8) to a ME water only fbr parlo4 of emorgmcy such as red-tldo, oil spills, etc, The wat flow would be the same Al that of Outface water, I " Tha proposed pond drainaga limas will of larWrz mom 12" diamote) aluminized stool pipe to 12" diamoter non-corrotive bja&,poly corrugated Pipe, i F The proposed rate of water Intake will ohar,$a front 1 so gpm to 108d froth Oetokr through 12e0ember, thereafter to 49 gptn col " The proposed water intake has char ,,kj fl�Nrn an underground rc more environmentally asfb sbovs the $round pier houibV two st (ace f4gttres 8a-b "new") a The proposed water dlrcharge 1oc+tti0n will change but to conee increased wasto oonwurations pe oirGularion, Tito new looatlt marsh and prevema possible autraphication. Please note these c psget as the "new' drawings will replace the''old". gpm contlnuaus ous load, system to R slo pumps. is about possible has no v®getatw 1118e6 on the following P-02 I II• ,1.:, f- I... FA.y Tole r •d p7asuJusd ALI Un •v t Ii t,l w�{ols u tdA'dLb J yLrytl{:® ,OS - .t . a;on, II A!i'reJ os�z-eaL t!S I -n Soot _.'IT f daly u • Lbl'C+ -t.Idt D7 N~iul t 9iy ifi auea�ed_3n�y �u{.�.1®'a$ ���'ab0 s+G-Bi-f3nkr, F R0r, P. 5 . � 1 State pf North Carolina Oiti✓HNR &JlvlslOn OFConstal Management re: Concerns for Coastal USA Fish Company CAMA / Dredge & Fill Permit Application Dear Mr. Wojciechowski, Thank you for this Opportunity to address the Fish Com art i o �AUG 2 1 1996 DMF PUB, TUSUBLANDS August 20, 1996 p y project n your memorandum dated August 9, i{� "'.about the apologies forlany SA unclear or inadequate information in the CAiv1A application, IThe following are eor any answers to the questions yc=j have posed. IIII_ 1) A relatively large volume of water would be circulated throu every 24 hours (-864,000 gal./day) or a complete water chili October thru December, thereafter at 123,000 gal./day, This would help to dilute concentrations of fish excrement, i greatest only from the end OfOctober-December, thus Goole: activity will minimize excretion rates, Aid f?nally the Enviro Agency recommends, as noted in �ppendlx C of 40 CFR Ch. permit is required for our production rate less than 45,454 ld Mr. Steve West an Environmental Chomist ll with the Divisit Wilrntngton, RTC - the EPA has made this allowance due to tl culture facilities (under 45,454 kgr year) discharge acceptabit without any mention of classification of water body i.e. prima a. Coastal USA Fish Company has a "no tolerance" policy for ur than 13" in length, Our market plans focus only on southern i /ethosugnia) greater than 3 pounds each Specifically 17.5" and up, Average size and length - 18" or roughly 3.5 lbs / fisl flsh to be hold : (see answer 5a) tho system continuously over —2.1 times/ day" so fish densities will be ,eater and less fish nental Protection -122.24 g2 NPDES Year. As suggested by Of Water Quality, fact that smaller aqua eveis of fish excretions I nursery areas. Usired flounder less under (paraltchthys 3 lbs., 20" ® -- 4 lbs, Average number of b. Coastal USA Ftsh Company would produce less than 45,454 1 annually (see question 1) therefore, excretion rates should Pali within federal standard e. Again, we are relying on federal guidelines or to keep the facilities small enough, so that discharge levels of COD & BOD evil) be acceptable. 2) Canal length • —700 ft. Bottom type: sandy bottom with mall areas of mud width : —60 ft. Flushing rate: varies considerably th vrind velocities. depth: ^5 ft. tidal fluetuatton6: 3) The proposed water intake has beef'relocsted into Cedar Is and Day. This should Prevent recirculation of ary waste conc(nntrations 4) a..125" screen / flltcr would be used around the, intake area Water flow would be Slow enough for most juvenile fish to stay clear. b, The scrccas would be systematically tended as often as ne�essarr to kee th These facilities would be morltored 24 hours / day while wt ater is pumpepd, bm clear, c. The impinged organisrne would be released 50 feet from tf e Intake or to a recommended distance by the NC Divisir.r' of Marine Fish Ties, d. - f. Perhaps the NC Division of Marine Fisheries can parall�1 anticipated impingement with our water intake to that of clam hetcherif*s in the s rrounding area. 5) a. Flounder species to be contained it theso ponds will focus (Parnlichrhys lethosrlg+»a) Sept, - ^ 100 Ibs/ each pond Oct; - Dec.- 500 lbs/ 30' dia, pond & 2oo0 lbs / 60' dia, Jan. - Sept, - — total 3000 Ibs for research & development. b. Sept.- Oct. —10-I5% mortality on lncont "g fish lvithin 3 di I%mortality per month, Nov.- Dec -5-10% mortality on incoming fish within 3 1% mortality per month, Jan.- Sept. (not known The basis for determining the rate of mortality is from 4 and studying live flounder in a model pond located In t study of overseas flounder fart"„ 1138 y7cldod similar re. c. Very weak flounder will be taken frorr, the pond and packed fresh. Fish which have died in the ponds will be disposal of of disposal include freezing for non-food products or inolner 6) see question I 9) if. We have been buying flounder since 1989 in the Cedar Isla of existing flshetrren, This operation is not promoting any on southem flounder Thereafter, less than Thereafter, less than experience in handling 'a Beach, NC. Also, a • sold as Methods rea and have a source fishermen, P. b. The proposed food source Mil Only be killifish*. They ti 11 be trapped in area creeks using static gear. The availability of kiilifisb would be su eient during the primary holding season. C. Our past experiences hAvO proven that the availability, trapping methods and transporting Of sufficient ouaritities ofkillifish is feasible aid should not be a pfoblom, Artificial or frozen food is no, in our plan. d. We are aware Of these minimum size iimits, and killifish tc the best of our knowledge is exempt. e. The primary holding period ivill rot extend through mid- 'Fuor but end in December. "Owever, a small 80213 test is prOposad to keep flourder t ough the winter months. " see additional review modifirat�ona submin d 8/21/96 to CAIyiA c/o Nir, Charles Jones Special thanks to Dr. Lewis Daniel for his prompt and courtoou help in this matter. Thanks once again Ivir. AT00e0howski for your consideration. lease feel flee to give us a call anytime there is a question or concern. S A (0,19)225-0644 (J19) 225-0744 (titx) 'P^Oft AOg-22-98 04taPP Starling Aqua-P4rmr, @l0 >? ?go-2690 P. 9 P-04 u Cal -,DJ cIc-t:lc> . 1" -- 37• F irk rP J: All pc;�-,d dI pll,-, yqe Is Ur1koG t9piYl UU Cedar IsIend a..y _.._ • 4 ou l r1Uw I, U ci Y, P . FF �l rl " Ii._1.:9S.1 02: 37 P. scup-zz-D8 04s4OP St®rling Aqua-FaV,Ms 910 I722-2ego P.OB (I(4xAIQ.^y gr ourlN wa'tel` + II'1S (IKP I/I t a I < p ;y<s tl)h) F=ID PI 1. .AuQ-G2-fl8 04940P Stbvling Rqun-p&rms 810 �7DD-26fl0 h y ao Flytjrp A¢ inr+ v,��y nr jj)t ,C,tgr Ir tuNt, r.+. v rinw Ilrq, .a>I ttijp .{d1UP r„�I )UV ;)7 p•,1} �i) ;A�iU.uJ Flip• .),i .NAin Id,:r)�lJbL-:bU.i.i •ill +7-°�.%I,I ;rilr:l U t)nc�fY �JJ°gyp/ .q b ^ J A jOD dF �nidl l t uu(J .)I,. I.) uin r n j i�� p,t) �,n ,r d•..r•.,q ,CO'd 0098-aal 016 mulaVA-enbV BuI LAOMS doViva 9fS-Z^�-tiny, 77 •� ��Z4J pC l'� f1 'IJ�9d Fpfifl n :1_ ..°rl J_'13F p,1"t ' 'Aug-'122-08 04140P St®rling Aqu&--Parmc W1017912-8690 1s,0aJ vco'tcaed V v v ef, e- •1 nla, ; • &±y, i��r•6 9; 'nva' • G, pr uput(•ri '.rrr•nfi };�CK ; 00%i kip Lr.r6 t( �� PLMpb Tnl: w+.t cr,;igeL cvyr thx� v,•D,itn• 1 A' rslamoti l• •'f'RQurV tr,watY(i Ilr,pe Suspend twn iv(,irlvl Llblr T 0 o Ck N O j , A 0 1 � � L ! 4 1zY J 1 rV r y n G S s N g w J r j 1 1 ,. f.-,-F L — �A'lla-'i-2-G76 :7- ,41F' SLmvIing Aqua-P:aV :n9 SiliJ 79i9-21i90 ADDITIONAL DIVISION OF f Fi,FIME FISWRIMS Dr. Louis Danioi of tl,u Divl810.1 ' [•Juries Fl. -ti®e hag , th® Giviclnn9 inability to ®Bunco blcior�i ac m;,: ecru south the Iwo fizh morkat. Aa fish that die frig :lur ve eratlon ore Fl�h Cc;n?pany Jr, _:2y v.9y and muat 130 disMo.c's 01, thesa ile' avgiltkbiv to the Divialon's biologla4i eampllf?g progroft On a to tite Division other than the ntbn; owor to visit our cite ar mortalitiea be so low as to riot proceu03 a reasonable aempl will be made available to Division ataff prlor to shlppin$ ti Wrvight gorr{Rles so long as those saMples do not result in any xprageed conoerns over 3rn flounder deatined for of no value to the USA will be saved and made weekly boils at no Bost d piok them up. Should ataa, southern flounder take necessary length - additional fish mortality. ,.. En D,,r 1 To- NC Divi!ocmto�v 11,h hoot .%,%Hai C: o Mf 'Na: tvd Fro 9av Coastal I'SA P::� C'L• 1 i? INIai inrls Vi tiak;e Ln (-'.dal Island. INC ^.loon S Park Ud!f1c-a:ion. to th:: l`• tC'. u-BL:r, piin: it , 1) lie .tICtP, sep(embn:t i 1-)!tt 11,.if N- 11' VQ i;,-on. i woC!1d lik, i(. C,ha Nv ihF- p1 opus:_'d tvaici ji-sage aUm 216,000 �gpd to epd or n:� app i:anorl for e ,.aer u;age:)QmIit ftus ircreastd Circulation at A. ;Ild fo- ta'01;hiel Colallt14:11S for live ish conrailit! em, k.lnd-Reuaidi, 11 Ndaon Soon Park vl!'d H'd(CI :;Saar WOLIld rernam t11P Silme 'c4 258 600 2t1d 8b an aumlla s Department Of Environment, Health, And Natural Resources Division Of Water Resources Public Notice Capacity Use Area #1 Draft Permit Notice is hereby given of proposal to issue a PERMIT FOR WATER USE IN CAPACITY USE AREA #1 This permit would allow Coastal USA Fish Company, with draft permit #CU1096, to withdraw a total of 258,600 gallons per day from two wells screened in the surficial aquifer, and 216,000 gallons per day from Cedar Island Harbor, for the purpose(s) of water supply for an aquaculture business. Withdrawals will be measured by an approved measuring device. Additionally, any changes in ground water quality or quantity due to permitted withdrawals will be reviewed and alternate pumping levels may be established. The permittee shall be required to submit monthly reports of metered withdrawals and measured water levels, and the permit may be revoked if there are any violations of permit conditions. The draft permit and supporting documentation is available for review during normal business hours at the Division office in the Archdale Building at 512 North Salisbury Street in Raleigh, North Carolina (phone: 919-733-4064). This proposed Permit shall become final unless, within 18 days of receipt of this notice, request for a hearing is made. Any water user wishing to contest the proposed action may be entitled to a hearing upon a timely request. Request for a hearing should be submitted to: Division of Water Resources PO Box 27687 Raleigh, North Carolina 27611-7687 Attention: Capacity Use Administration Mo- DWR CUA #1 Notice to Issue Department Of Environment, Health, And Natural Resource Division Of Water Resources 8'Cc 4 Public Notice Capacity Use Area #1 Permit Application In accordance with G.S.143-215.15 (d), notice is hereby given of receipt, on August 14, 1996, of an application for a Water Use Permit by Coastal USA Fish Company in Capacity Use Area #1. Those wishing to comment on the application, as described below, should submit written comments within 15 days of the date shown below, to: Division of Water Resources PO Box 27687 Raleigh, NC 27611-7687 Attention: Capacity Use Administration The application and supporting documentation are available for review during normal business hours at the Division offices in the Archdale Building at 512 North Salisbury Street in Raleigh, North Carolina (phone: 919-733-4064). Summary Description Of Proposed Activity: The permit applicant, Park Moon Soon, of Coastal USA Fish Company, proposes to withdraw and us 4allons of ground water per day and 216,000 gallons of surface water per day in arteret County. ithdrawals will be from the surFicial aquifer for the purpose(s) of water suppl lure business. 0 X4 �/ ate DWR CUA #1 Application Notice Nathaniel C. Wilson August 14, 1996 41 F �e (r{ 'if fH1 7"14 -- i P(On V,4njtit-. September I U, 19915 hi. lag', chain of events Everything pound -net fishing already starting �m aml contnbuting to the la al economy liS trade. awl evtnWjOy preserving this valuable resource t will be luriny, local people and oEyen% bigfwt fill! prices ltluiutid K a:atc$ea will. he za city 70 days7 if we miss NNF the waive year is lost. Mier talking With the )_rimvfm ipf oVkhrme rjiberjes, .VC Dywso Ni f!f i�;?VtJEHMdF rtt(}J Maa7iv7 rm' —'Rt. US Fsah t ii'dAfe, ,F.,fi !7P�nmeratt#�!ntBCtloa !��tFk=y, and the,VC I)Mmrz! (if Woter R,,.Y .rLf w. `,%e fce't 'i Ery St7iiy%ly the project VAU beneh`ffi, ai: and is witlir b(Aj, Stele amj Fvk,-A1 sgui:le4i:se.: i l:ndo-ond yet are a very hos) mnr`- however, pkasc help us hir JO l .S, a_a our late with this litni(td season rests witt, ynalr depwisnant. Hind Regards, MOOu`S Park I L State of North Carolina Department of Environment, Health and Natural Resources 1 • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IZ Jonathan B. Howes, Secretary Roger N. Schecter, Director August 19, 1996 Park Moon Soon 212 N. Channel Haven Drive Wilmington, N.C. 28409 Dear Mr. Soon: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to construct 12 holding ponds for the temporary storage of live flounder at property adjacent to Cedar Island Bay in Carteret County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on July 3, 1996, is ongoing. However, during the coordinated state and federal review of the proposed development, the N.C. Division of Marine Fisheries (NCDMF) has requested that additional information be provided in order for the project be adequately reviewed. After a review of tke NCDMF comments, the Division of Coastal Management concurs that the requested information is necessary in order to adequately review the proposed project. Therefore, in accordance with T15A:07J.0204(d), which states that processing of an application may be placed on hold if additional information from the applicant is necessary to adequately assess the project, processing of your application must be terminated until such time as the information requested in the attached August 9, 1996 memo is provided to this office and the Division of Marine Fisheries. You should attempt to address all of the NCDMF items to the best of your ability. If you wish to discuss or coordinate any of these items directly with the Division of Marine Fisheries, please contact Mr. David Taylor at (919) 726- 7021. As required by T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon notification from NCDMF that the requested information has been satisfactorily provided, the Division of Coastal Management will resume processing of the application at the point where it was terminated. P.O. Box 27687, �� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 NiAf C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: Charles Jones, DCM-Morehead City P.A. Wojceichowski, DMF-Morehead City P 377 737 292 ;JS Postdservice Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail See reverse Se,x")- U Q� Street & Numbe / S Po , State, ,ZIP s P , `h. Q S �9 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Fl I Showing to Whom / O Re toWIN D ewee, A ate J s beaso Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at aPost once service window or hand it to your rural Amer (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and Mal the adide. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach ri to the front of the adice by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the 8 addressee, endorse RESTRICTED DELIVERY on the front of the article. CD l�€J 5. Enter fees for the services requested in the appropriate spaces on the from of this receipt. 11 return receipt is requested, check the applicable blocks in item 1 of Form 3811. Ii 6. Save this receipt and present it if you make an inquiry. y • a Memo: To: Division of Coastal Management CAMA c/o Mr. Charles Jones From: Coastal USA Fish Company (919) 225-0644 Moon S. Park Dear Mr. Jones, August 26, 1996 The following information was sent to Mrs. Joanne Styron at 2628 Cedar Island rd. Cedar Island, NC 28520 - concerning the discharge water of the Coastal USA Fish Company project. If you have any questions please give us a call. Thanks Again, M "-V-. 5. Moon S. Park IL AU CU2g 1996 rara,{ceraFNT Letter of Intent Dear Mrs. Styron, August 26, 1996 Coastal USA Fish Company has applied for a "major permit" to build a flounder holding facility on the waterfront of 157 Mariners Village Lane, Cedar Island, NC. To maintain adequate water quality, surface water would be circulated and discharged continuously. This water discharge is proposed to be in an area next to your shellfish "bottom -lease" (see next page). Subsequently, the discharge water would contain fish excrements at concentrations well within EPA guidelines. The circulation or pumping rate would be greatest from October through December at 300 gallons per minute. Thereafter, at about 150 gallons per minute or less. Please note the drawings attached for further explanation. If you have any comments about this project, contact Mr. Charles Jones - supervisor at the Division of Coastal Management "CAMA" office in Morehead City at (919)726-7021. Sincerely, M B"Ur S• Moon S. Park _� C .. �. _ __ 1 .b . " _ _ Z � !. _. i -- �. :.. � ;: ... ,� f_ _. _ �: �� .1 _ _ .. ~.� V. C �i .. � �.. - - L. .. _• C r <. _ � ..._ .... r ... :� �r� � i Imo♦ ao`v\/ ~ \N. UOl14Ama posodwd WON •, v abbV�VJO� \\i \ i de'' 14 is /'i' w'') -,KJ rJ ,wrP vy MAD At ov"Ol "Once, \ � 7T IYI! I!J •♦I �IIN PAO .of w1w r�1r �i ,ova AJ 1. A /1� 711-lJ:rµJ AIOWIW ' F~ 7sr • s»+ wwsf 1 'i�mmz'-- M_ v fig•. �_�I�` Cross -sectional view of drain pipe, Riprap E— water flow scale! 1" = 1' To drain basin Figure 9 Cross -sectional views of the discharge pipe into the eawal CRAar Is hand $a�� 510 e1 n 1CI^wnaec Po�Lv.� PorAas Mow scale + 1" = 37' Figure 7: All pond drainage is linked to one .Main outFlow State of North Carolina 'T A Department of Environment, Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor Jonathon B. Howes, Secretary E:) E H N FR Roger N. Schecter, Director July 10, 1996 INFOPROV5061t Soon 212 N. Channel Haven Drive Wilmington, NC 28409 Dear Mr. Soon: The Division of Coastal Management hereby admowledges receipt of your application for State approval for development of your property located in Cedar Island, NC. It was received on July 8, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 22, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cordially yours, Q Charles S. Jones District Manager CSJ/dh Enclosure cc: John Parker Preston P. Pate, Jr. P.O. Box 769, U41 Arendell St., Morehead City, North Carolina 28557 Courier f I 1-12-09 Telephone 919-726.7021 FAX 919-2473330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Parcel # 1-9A-2-13 .1C[ . cc STATE OF NORTH CAROLINA COUNTY OF CARTERET copy TRUSTEE'S DEED This Trustee's Deed is made this y+h day of December, 1990, by and between Terry E. Smith, Trustee in Bankruptcy for Neil Donaldson Barnaby (hereinafter referred to as "Grantor'); and Sven ErikLarka and wife, Joan Carol Larka of P.O. Box 501, Cedar Island, County of Carteret, State of North Carolina (hereinafter referred to as "Grantees'). Grantor, for and in consideration of Two Hundred Thousand Dollars ($200,000.00), paid by Grantees to Grantor, the receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim to Grantees the following -described property in Cedar Island, Carteret County, North Carolina: SEE B2MU IT A APPENDED HERETO AND rNCORPORATED HEREIN BY REFERENCE FOR LEGAL DESCRIPTION. This conveyance is made in accordance with and pursuant to the Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, Case No.: 90-04865-BKC-8P7. Terry E. Smith was duly appointed Interim J Trustee on June 8, 1990, (a certified copy of NOTICE OF APPOINTMENT OF TRUSTEE AND WAIVER OF BOND being appended hereto as Exhibit 'B ). By virtue of the REPORT AND NOTICE OF INTENTION TO SELL PROPERTY OF THE i<'STATE FREE AND CLEAR OF LIENS, a copy of which is appended hereto as Exhibit "C", and the expiration of the objection period as set out therein with no objections having been riled, Terry E. Smith, Trustee, is authorized to convey the property to the Grantee, free and clear of liens, which shall attach to the proceeds of sate. 111111111111 WITNESS the following signature and seal. �x p Fti O y O (V N o w m Z o a©q Z 0 9 h 8 0 A.LNnO0 13U31MY0 (SEAL) TERTH, TRUSTEE and only as Trustee for the Bankruptcy Estate of Neil Donaldson Barnaby LIL 0 8L..LJu .slow" Y►►ri►i ►flN►4►h-...q� P_F►G1 Q36 STATE OF FLORIDA COUNTY OR CITY OF i 15 b ov ovq�� I. L i h da S _ S m i+k , Notary Public, do hereby certify that "Ferry E. Smith, personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this the 4k day of December, 1990. Notary Public NOTARY PUBLIC; STATE OF FLORIDA AT LARGF : �`„'• S 7 My Commission expires: MY COMMISSION EXPIRES MAY 21, 1993 • J ' ; �� �' aoNDED,,,a„ Aa .r YBROKERAGE 63 J a � 4^ • ram' EDITH W. MASON MASON AND MASON, P.A. P.O. Drawer 99 Morehead City, NC 28557 and STEPHEN L. MEININGER, ESQUIRE GATLIN, GEORGE & HOOD, P.A. 620 Twiggs Street Tampa, FL 33602 ezuoa...d.. \�• J� NORTH CPQJ!! ' A The foregel,.,(°) Is (are) Certified to hi car cc°. I'instrelp sent d f r reryf,s,at aPd recorded in tFis a.iic it 80 kll f' o this or- �ddayof�lY�O ate .�Q1 Sharon Piner it Register of Beds :=•< — .. �Y — t. Deputy EXHIBIT A LYING AND BEING IN CEDAR ISLAND TOWNSHIP, CARTERET COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS ALL OF THAT PROPERTY SHOWN ON SURVEY ENTITLED "SURVEY FOR SVEN ERIK LARKA AND WIFEE,,JOAN CAROL LARKA" AS RECORDED IN MAP BOOK � AT PAGE /0 0, CARTERET COUNTY REGISTRY. TOGETHER WITH ALL BUILDINGS AND IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO DOCKS, BULKHEADS, CANALS, AND WATERWAYS. AEI-DENT-TH-ER-ETO. FGOK� PAGE 6& EXHIBIT B In Re: BARNABY, NEIL DONALDSON Debtor(s) UNITED STATES BANKRUPTCY COURT Middle District of Florida �� �� ,j)-ti,kA Tampa Division CASE NO. 90-4865-8P7 NOTICE OF APPOINTMENT OF TRUSTEE AND WAIVER OF BOND The United States Trustee, pursuant to Title 11, United States Code, Section 701(a)(1) and Rule X-1004(a) of the Bankruptcy Rules, hereby appoints TERRY E. SMITH as Interim Trustee of the estate of the above -styled Debtor(s). The Trustee's standing bond is fixed under the general blanket bond heretofore approved. Unless creditors at the First Meeting of Creditors held pursuant to Title 11, United States Code, Section 341(a) elect another trustee, the Interim Trustee appointed herein shall serve as'trustee without further appointment or qualification. June 8, 1990 Dated cc: Trustee ROBERT L. UNITED S1 LYNNE L. ENGLAND Assistant U.S. Trustee I certify the foregoin j to be true and correct copy of the' rRginal C;aRL R. STEVART, CLERK "^, U. :P,idr:RUPTCY COURT i py .IdrlC 0 EXHIBIT C (3 pages) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: NEIL DONALDSON BARNABY, CASE NO: 90-04865-BKC-8P7 Debtor(s). REPORT AND NOTICE OF PROPERTY OF THE E; TO: Creditors, Debtor(s) and parties in Interest C. .. t TERRY E. SMITH, the Trustee duly appointed and acting for the abov captioned estate, reports that he intends to sell on or after 20 days from the date of mailing by the Bankruptcy Court, at the following locations listed below, the following prope-tv of the estate of the Debtor(s), under the terms and conditions set forth below. 1. Description of property: Cedar Island Community, Tax parcel 1-9A-2-13, deed book 424, page 254, Carteret County, North Carolina consisting of a house, vacant land and canals. 2. Manner of Sale: Private Sale Terms of Sale: Cash A. To: Sven E. Larka Address: P. O. Box 501 Cedar Island, NC 28520 B. Sale Price: $200,000.00 C. 1. All right, title and interest of bankruptcy estate, if any. 2. Free and clear of known liens which may exist. Lien to attach to proceeds. No warranties of any other kind. Lienors believed existing are listed below. LIEN HOLDER ADDRESS AMOUNT R. D. Darden, Jr. P. O. Box 3487 $ 5,000.00 Morehead City, NC 28557 M/M Archie Gupton 808 Williamson Drive $24,500.00 -Raleigh, NC 27608 Raleigh Federal P. O. Box 830 $42,000.00 Savings Bank Raleigh, NC 27602 �k Robert D. Darden, P. 0. Box 3487 $70,000.00 et. al and Ltd. Morehead City, NC 28557 Partners The Trustee will entertain any higher bids for the purchase of the assets of the Debtor(s) which the Trustee proposes to sell. Such bids must be in writing and accompanied by a deposit of 100% of the proposed higher purchase price. Any higher bid must be received by the Trustee at the address listed below no later than the close of business on 20 days from the date of mailing by the Bankruptcy Court as indicated below. The Trustee will only accept higher bids in increment of $100.00. If more than one bid has been received, an auction will occur among said bidders after said 20 days. NOTICE IS HEREBY GIVEN that all objections to the sale described abcve shall. be in writing and shall be filed with the United States Bankruptcy Court, 4921 Memorial Highway, #200, Tampa, Florida 33634, and a copy of same shall be served on the Trustee within twenty days from the date of mailing. The objections to the sale shall state the reasons for the objection and shall include a request for a hearing on the objection. If no objection is filed, the sale described above will take place. Dated: August 3 1 ,1990.77 __,�[ Copies mail d by Court on: � /• S l99d _ By �-d�i�i2'L� &FAu-: a� r.... �. •v riv Faun, 620. Twi gs Street Tampa, Florida 33602 (813)229-8561 Attorney for Trustee cc: Lynne England, Assistant U.S. Trustee 4921 Memorial Highway, Suite 340 Tampa, Florida 33615 Terry E. Smith, Trustee 10006 N. Dale Mabry, Ste. #212 Tampa, FL 33618 Sven E. Larka P. O. Box 501 Cedar Island, NC 28520 Eastern Gateway Realty Rt. 2, Box 301 Beaufort, NC 28516 TERRY E- Da1�ThabsY 10006 ?12 Syite riampap YL 33618 A F F I D A V I T State of Florida ) County of Hillsborough) BEFORE ME the undersigned authority, duly authorized to administer oaths and take acknowledgements, personally appeared TERRY E. SMITH, _ who after being first duly sworn, deposes and says: 1. That he is the duly qualified and acting Trustee in Bankruptcy of NEIL DONALDSON BARNABY, Bankruptcy Case No. 90-04865- BKC-8P7, United States Bankruptcy Court, Middle District of Florida, Tampa Division. 2. That on August 31, 1990, he filed the attached Report and Notice of Intention to Sell Property of the Estate in the aforedescribed bankruptcy proceeding which Report and Notice of Intention to sell was sent to all creditors by the Bankruptcy Court indicating that the property would be sold on or after 20 days from September 5, 1990. 3. That 20 days have expired and no Notice of Objection to the sale to highest bidder for the terms and conditions described in the Notice have been received and accordingly, he is authorized to sell the property described in said Notice according to the terms of the Notice. FURTHER AFFIANT SAYETH NOT. _<� Terry E. Smith, Trustee SWORN TO and subscribed before me this 4th day of December, 1990. CC !� Notary Public rr My Commission Expires: NOTARY PUBLIC; STATE OF FLORIDA ATLARGEI �llr��l�/r"�•rq, MY CUMMISSION EXPIRES MAY 21, 1993'`', BONDED THRU AGENTS NOTARY BROKERAG= ,�;•'� C � 13 C' k ^.\" �R- L.s�t6�Nd r Parcel # 1-9A-2-13 STATE OF NORTH CAROLINA COUNTY OF CARTERET copy TRUSTEE'S DEED This Trustee's Deed is made this "�h day of December, 1990, by and between Terry E. Smith, Trustee in Bankruptcy for Neil Donaldson Barnaby (hereinafter referred to as "Gran:or'�; and Sven ErikLarka and wife, Joan Carol Larka of P.O. Box 501, Cedar Island, County of Carteret, State of North Carolina (hereinafter referred to as "Grantees'). Grantor, for and in consideration of Two Hundred Thousand Dollars ($200,000.00), paid by Grantees to Grantor, the receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim to Grantees the following -described property in Cedar Island, Carteret County, North Carolina: SEE EXHTB1T A APPENDED HERETO AND INCORPORATED HEREIN BY REFERENCE FOR LEGAL DESCRIPTION. This conveyance is made in accordance with and pursuant to the Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, Case No.: 90-04865-BKC-8P7. Terry E, Smith was duly appointed Interim Trustee on June 8, 1990, (a certified copy of NOTICE OF APPOINTMENT OF TRUSTEE AND WAIVER OF BOND being appended hereto as Exhibit 'W)- By virtue of the REPORT AND NOTICE OF INTENTION TO SELL PROPERTY OF THE ESTATE FREE AND CLEAR OF LIENS, a copy of which is appended hereto as Exhibit "C", and the expiration of the objection period as set out therein with no objections having been filed, Terry E. Smith, Trustee, is authorized to convey the property to the Grantee, free and clear of liens, which shall attach to the proceeds of sale. WITNESS the following signature and seal. (SEAL) TERRY E. SMITH, TRUSTEE and only as Trustee for the Bankruptcy Estate of Neil STATE OF FLORIDA COUNTY OR CITY OF I, Litid6 s-sm�+k , Notary Public, do hereby certify that terry E. Smith, personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this the �� day of December, 1990. Notary. Public iA" NOTARY PUBLIC, STATE OF FLORIOA AT LARGE My Commission expires: My COMMISSION EXPIRES MAY 21, 1993 JJ -60NDED THRU AGENT.[ NOURY BROKERAGi This instrument prepared by. EDITH W. MASON MASON AND MASON, P.A. I P.O. Drawer'99 Morehead City, NC 28557 and STEPHEN L. MEININGER, ESQUIRE GATLIN, GEORGE & HOOD, P.4- 620 Twiggs Street Tampa, FL 33602 Ln atse.d*v NORTIf CAPj,1'-vA The forege;:-� :_:r fc "y 02� is (are) verti;l' j 'C' 1.e sent d f r roYrn'r-l' ratcorftd !,I ff-'Is af'*!�-t E7 802M. �- this _Ldday of at Sharon Piper Register of Deeds jLii5l Deputy Parcel # 1-9A-2-13 ` •C'Q STATE OF NORTH CAROLINA COUNTY OF CARTERET Copy TRUSTEE'S DEED This Trustee's Deed is made this µah day of December, 1990, by and between Terry E. Smith, Trustee in Bankruptcy for Neil Donaldson Barnaby (hereinafter referred to as "Grantor'); and Sven ErikLarka and wife, Joan Carol Larka of P.O. Box 501, Cedar Island, County of Carteret, State of North Carolina (hereinafter referred to as "Grantees'). Grantor, for and in consideration of Two Hundred Thousand Dollars ($200,000.00), paid by Grantees to Grantor, the receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim to Grantees the following -described property in Cedar Island, Carteret County, North Carolina: SEE EXHIBIT A APPENDED HERETO AND INCORPORATED HEREIN BY REFERENCE FOR LEGAL DESCRIPTION. This conveyance is made in accordance with and pursuant to the Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, Case No.: 90-04865-BKC-8P7. Terry E. Smith was duly appointed Interim Trustee on June 8, 1990, (a certified copy of NOTICE OF APPOINTMENT OF TRUSTEE AND WAIVER OF BOND being appended hereto as Exhibit "B'). By virtue of the REPORT AND NOTICE OF INTENTION TO SELL PROPERTY OF THE ESTATE FREE AND CLEAR OF LIENS, a copy of which is appended hereto as Exhibit "C", and the expiration of the objection period as set out therein with no objections having been filed, Terry E. Smith, Trustee, is authorized to convey the property to the Grantee, free and clear of liens, which shall attach to the proceeds of sale. P 1111111111 WITNESS the following signature and seal. x p " J (SEAL) I cv TERRY. E. SMITH, TRUSTEE and only as Trustee for the Bankruptcy Estate of Neil ('§ m Donaldson Barnaby Z Z 0 9 h 8OMBlLH9S ti+y.e nSK p hn rl nC A 11=3 13tl?1tlY0 �� DA PAG STATE OF FLORIDA COUNTY OR CITY OF i l 5 b t ouC,4� I, L i 11 Cad S _ S tii i161 , Notary Public, do hereby certify that Terry E. Smith, personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this the 4�j day of December, 1990. Notary Public NOTARY PUBLIC; STATE OF FLORIDA AT LARGE •`,`, """ • % S ) . MY COMMISSION EXPIRES MAY 21, 1993 0 j My Commission expires: RONDEO THR" _e_r_cu,.c NOTARY BROKERAGE f This instrument prepared by: r• EDITH W. MASON MASON AND MASON, P.A. P.O. Drawer'99 Morehead City, NC 28557 and STEPHEN L. MEININGER, ESQUIRE GATLIN, GEORGE & HOOD, P.A. 620 `IWiggs Street Tampa, FL 33602 NORTH CA4m •u. r.nT.- „ The forego r Is (are) rertifle.j ti� rn..��a <<-: ���•.• r Ana r- BonaG�Cn sAr �� . . t ' rzcorGBu in fr--- p^Y : tw o ;, -I This _LDday of 1 U at � C Sharon pir: r t` Register oDeeds Deputy _ _ PAG EXHIBIT A LYING AND BEING IN CEDAR ISLAND TOWNSHIP, CARTERET COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS ALL OF THAT PROPERTY SHOWN ON SURVEY ENTITLED "SURVEY FOR SVEN ERIK LARKA AND WIjFEE,, JOAN CAROL LARKA" AS RECORDED IN MAP BOOK �2 AT PAGE / O iJr CARTERET COUNTY REGISTRY. TOGETHER WITH ALL BUILDINGS AND IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO DOCKS, BULKHEADS, CANALS, AND WATERWAYS. AND WITH ALL RIPARIAN AND LITTORAL RIGHTS INCIDENT THERETO. of �/ PAGE ��� EXHIBIT B In Re: BARNABY, NEIL DONALDSON Debtor(s) UNITED STATES BANKRUPTCY COURT Middle District of Florida Tampa Division CASE, NO. 90-4865-8P7 NOTICE OF APPOINTMENT OF TRUSTEE AND WAIVER OF BOND The United States Trustee, pursuant to Title 11, United States Code, Section 701(a)(1) and Rule X-1004(a) of the Bankruptcy Rules, hereby appoints TERRY E. SMITH as Interim Trustee of the estate of the above -styled Debtor(s). The Trustee's standing bond is fixed under the general blanket bond heretofore approved. Unless creditors at the First Meeting of Creditors held pursuant to Title 11, United States Code, Section 341(a) elect another trustee, the Interim Trustee appointed herein shall serve as trustee without further appointment or qualification. June 8, 1990 Dated cc: Trustee ROBERT L. UNITED ST LYNNE L. ENGLAND Assistant U.S. Trustee I certify the foregoin j to be true acid cr,rrect copy' of the �Pginal CARL R. STE.WART, CLERIC!',, U• ;;,fd�•kUPTCY COURT By 1j; C�pury Cler(c EXHIBIT C (3 pages) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: NEIL.DONALDSON BARNABY, CASE NO: 90-04865-:�iCC-8P7 Debtor(s). SELL C_-.-.... i TO: Creditors, Debtor(s) and parties in Interest TERRY E. SMITH, the Trustee duly appointed and acting for the abov captioned estate, reports that he intends to sell on or after 20 days from the date of mailing by the Bankruptcy Court, at the following locations listed below, the following prope-v of the estate of the Debtor(s), under the terms and conditions set forth below_ 1. Description of property: Cedar Island Community, Tax parcel 1-9A-2-13, deed book 424, page 254, Carteret County, North Carolina consisting of a house, vacant land and canals. 2. Manner of Sale: Private Sale Terms of Sale: Cash A. To: Sven E. Larka Address: P. 0. Box 501 Cedar Island, NC 28520 B. Sale Price: $200,000.00 C. 1. All right, title and interest of bankruptcy estate, if any. 2. Free and clear of known liens which may exist. Lien to attach to proceeds. No warranties of any other kind. Lienors believed existing are listed below. LIEN HOLDER ADDRESS AMOUNT R. D. Darden, Jr. P. O. Box 3487 $ 5,000.00 Morehead City, NC 28557 M/M Archie Gupton 808 Williamson Drive $24,500.00 -Raleigh, NC 27608 Raleigh Federal P. 0. Box 830 $42,000.00 Savings Bank Raleigh, NC 27602 I Robert D. Darden, P. 0. Box 3487 $70,000.00 et. al and Ltd. Morehead City, NC 28557 Partners The Trustee will entertain any higher bids for the purchase of the assets of the Debtor(s) which the Trustee proposes to sell. Such bids must be in writing and accompanied by a deposit of 100% of the proposed higher purchase price. Any higher bid must be received by the Trustee at the address listed below no later than the close of business on 20 days from the date of mailing by the Bankruptcy Court as indicated below. The Trustee will only accept higher bids in increment of $100.00. If more than one bid has been received, an auction will occur among said bidders after said 20 days. NOTICE IS HEREBY GIVEN that all objections to the sale described abcve shall be in writing and shall be filed with the United States Bankruptcy Court, 4921 Memorial Highway, #200, Tampa, Florida 33634, and a copy of same shall be served on the Trustee within twenty days from the date of mailing. The objections to the sale shall state the reasons for the objection and shall include a request for a hearing on the objection. If no objection is filed, the sale described above will take place. Dated: August J I ,1990. Copies mailed by Court on: J,�/•�% i 77 r7� / By ��z.�• t`lGyro 411'x7L ij GO 620 Twi4gs Street Tampa, Florida 33602 (813)229-8561 Attorney for Trustee cc: Lynne England, Assistant U.S. Trustee 4921 Memorial Highway, Suite 340 Tampa, Florida 33615 Terry E. Smith, Trustee 10006 N. Dale Mabry, Ste. #212 Tampa, FL 33618 Sven E. Larka P. O. Box 501 Cedar Island, NC 28520 Eastern Gateway Realty Rt. 2, Box 301 Beaufort, NC 28516 TERLLY E' Dale 14abtY r 10006 212 Syica Fj 33619 -p-ampa , A F F I D A V I T State of Florida ) County of Hillsborough) BEFORE ME the undersigned authority, administer oaths and take acknowledgements, TERRY E. SMITH, . who after being first duly says: duly authorized to personally appeared sworn, deposes and 1. That he is the duly qualified and acting Trustee in Bankruptcy of NEIL DONALDSON BARNABY, Bankruptcy Case No. 90-04865- BKC-SP7, United States Bankruptcy Court, Middle District of Florida, Tampa Division. 2. .That on August 31, 1990, he filed the attached Report and Notice of Intention to Sell Property of the Estate in the aforedescribed bankruptcy proceeding which Report and Notice of Intention to sell was sent to all creditors by the Bankruptcy Court indicating that the property would be sold on or after 20 days from September 5, 1990. 3. That 20 days have expired and no Notice of Objection to the sale to highest bidder for the terms and conditions described in the Notice have been received and accordingly, he is authorized to sell the property described in said Notice according to the terms of the Notice. FURTHER AFFIANT SAYETH NOT. I Terry E. Smith, Trustee- SWORN TO and subscribed before me this 4th day of December, 1990. My Commission Expires: Notary Public "�'• NOTARY PUBLIC; STATE OF FLORIDA AT LARGE'•' a,�;°n14 �"�'�q;� ' • �;,' MY CUMMISSION EXPIRES MAY 21, 1993," �� w �' ., ; �•, 1`, :.).. ... ....., u. BONDED THRU AGENT'S NOTARY BRORERAG= �Q � •'..... ...... lam S Written Permission To Whom it may concern, We Sven & Joan Larka, give our permission to Park Moon Soon for an Aquaculture Operation on approximately five acres of our land located on the waterfront at 157 Mariners Village Lane, Cedar Island, N.C. Sincerel Sven Larka: UL..., JoanLarka: v 7/7/96