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HomeMy WebLinkAbout7-13 Fosters SeafoodRECEIVED FEB 11 Z013 DCM-MHD CITY INI"tio i:CVCI, pniti.m Lt an ,' 1. a of lErit'hOIIInerdal Concern y Exca- ation and/or filling pursuant to NCGS 113-229 Issued to Fosters Seafood 220 Loop Road Belhaven NC 27810 Authorizing development in Beaufort County adi. to Wrights Creek, at 220 Loop Road, near Belhaven —,as requested in the permittee's application dated l0/l 1/12 (MP-1. MP-2. MP- 3) and 9/24/12 (MP-4), including the attached workplan'drawings (1), dated received in MHC on 11/9/12 This permit, issued on January 9, 2013 , 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 De subject to tines, imprisonment or civn action; or may cause the perms w oo Iuu WILL vLLw. Boat Ramp 1) Unless specifically altered herein, this permit authorizes the construction of the boat ramp facility all as indicated on the attached workplan drawings. 2) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. (See attached sheets for Additional Conditions) This pennit action may be appealed by the permittee or oilier 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 Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. �l Brax . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Festers Stiatrr,:t tulle other i'lCU( Li. zS an,d f"'•s locutv.1 In C: cv.::, toat El,,[: e,SprC. sl`/ end S, t.-i lical',y Sc. I. forth In iy Cale hPl l'.t <il i. .1(.atty n. other SC ui'ui�, wi' ::C". t '1L (M Jl :On 'i , 11'e. rni t p .rntaiient part ..i t, recont Y.,,%d dcc iim7 f_� t y ,'J,:Ot p�"'m,t 1roO.1l14a 7Un. No I t -•.v9 e &,P: ndent uses of structures shall be conducted on, in or over public trust waters without permit ii..odification. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 8) This permit does not authorize any formalized boat slips. 9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. U1A;M1 Deve12RMent 10) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including, the construction of the ice room, all as expressly and specifically set forth in the attached permit application and workplan drawings. T:�.;ters SeKf.,od P-: le 3 of Y RECEIVED i FEB 11 2013 DCM-MHD Crl y SCd1'l,Jntat0l.i:i1. CGtp 1.-`1 �.r St'�f.,; i, I_. 5 '.;.1 11` 11 (t.">'d to e,,, (.ire- that ."rodeo matenaa? dr. r - ::.�c ^ 4., '1bt.la..uS. hate.:oursc, �i; d l� o,. N (c T. siii h:.nce, diversioi, swales or berms, etc.). General 13) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 15) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 16) Nothing in this permit shall be construed as allowing any development activities to take place on lands not owned by the permittee. The permittee is cautioned to exercise all available cautions in the construction of the boat ramp to ensure that the authorized ramp does not exceed the limits of the permittee's property. Pa-e 4 .of 4 Coniact a repi',sentar- tivof thJ o "i 6., �0 %Lt r to )f any si2ch activity for th*- detevnhiLiiiat —,;LIII or hmd disturbing actiNities are not: i ion's Tar Pamlico. Contact a represemative of the Division of Water. Quality at (252) 946-6431 for more information concerning allowable uses within the Tar Pamlico River Buffer. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 12-1029. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2012-01863. { : f;i' j"i'T'r:"fi f =+ ; i7.I'ti:!.,. 6 114._hhljo)' tn i/'..':aol)��Jll"G7Ii71y'"-Lali3O'CICea"n �....�;. y ... ,y pL1I2;ii.'ni TO _ Excal.,ation and/or fliling pursuant to NCGS 113-2219 Issued to Fosters Seafood, 220 Loots Road, Belhaven, NC 27810 Authorizing development in Beaufort County adi • to Wrights Creels, at 220 Loop Road, hear Belhaven —,as requested in the permittee's application dated 10/I I/12 (MP-1 MP-2 MP- 3) and 9/24/12 (MP-4) including the attached workplan drawings (1) dated received in NIHC on 11/9/12 This permit, issued on _ January 9, 2013 , 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 subiect to fines, imprisonment or civil action, or may cause the permit to be null and void. Boat Ramp 1) Unless specifically altered herein, this permit authorizes the construction of the boat ramp facility all as indicated on the attached workplan drawings. 2) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or odier qualified persons within twenty (20) days of the issuing - date. An appeal requires resolution prior to wok 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 Division approval. All work must cease when the permit expires on December 31, 2016 Signed by the, authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. s° „ Brax(t Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee is Tirsttr's ."9 £.:ar3f)fi p;,a );fit -4' 74j) 7 � the Othsl strilCt,li:S ared 1L' Or w., 'u: at a; -al P.xrYe S14' and. 5-J_..healty S.. t. I(JStlt other SUUO ui., v, � is � ;liildarl:iil. �+�• i �... L .., t` � •i� ... 1:� !� a..� s�..al ('.;..,i Tl �. '1 (:�:riiiailenl part SIC pel_i. tr_l, .. i s it Jt5 .,. _.u..�, -ii of t,`J reconfi g?u.;cl doc An,? tacil, V ;� it 7 pi': mk if od1 loation. No iA'v: tea. d ' pmdent uses of structures shall be conducted on; l:i or over public trust wallss without permit rnodlf cation. z 4) No attempt shall be made by the permittee to prevent the fall and free use by the public of all navigable water at or adjacent to authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this pen -nit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. G) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 8) This permit does not authorize any formalized boat slips. 9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 'Y l FJ.tila±,,t� >�e��elogtnaep�r 10) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the construction of the ice r room, all as expressly and specifically set forth in the attached permit application and workplan s Y drawings. 3 a f';' ? i of I I J. sedlnatn':alo'1 ;Gi_t;rcl t0 P !tl th r. _r.de,6 m:aenl`: iir ;,. .,:.c..:,',_ ,t% le _ silt fence, 4 diversion swales or berms, etc.). General 13) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 15) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 16) Nothing in this permit shall be construed as allowing any development activities to take place on lands not owned by the permittee. The permittee is cautioned to exercise all available cautions in the construction of the boat ramp to ensure that the authorized ramp does not exceed the limits of the permittee's property. P,,v,xe of 4 a,Oro Y.Ids Contact a repro-sentative of the .c l,-)Z NII -64"pH— 1 c 1, Of any silch activity fcr th'� ie 15; 'u,tl, or 1:':nd disturbing activ;ti.os are not "vi-L'ji-1) 1'lo i" t-o-a-uni;ssioa's Tar Pamlico. Contact a represen-'ativ-, of the Division of Water Quality at (252) 946-64 'J I for more information concernino, allowable uses within the Tar Pamlico River Buffer. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 12-1029. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2012-01863. IN MP-1 APPLICATION for Major Development Permit NU u 9 Z°'z (last revised 12I27/08) DC.bf-5".IiD �CITV North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicand Landowner Information Business Name f©s ei-s s od Project Name (if applicable) Applicant 1: First Name G=�nes MI Flo d Last Name Fos i'e Applicant 2: First Name MI Last Name If additional applicents, please aftech an additional page(s) with names listed. Mailing Address .0�© [oo R60d PO Box City 6ethilveiA State / , ZIP Vo -Country us Phone No. as�96 -ay1(ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name ks hi t✓ Agent/ Contractor 1: First Name �M, Last Name Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> ae2-aoS-2808 .. t-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit x 3 PioJect Location r 4 `ti "+ } ,, County (canbe multiple) Street Address State Rdd.. #� Subdivision Name City State Zip a del v�. NC g Phone No. � Lot No.(s) (if many, attach additional page with list) ad5'J o - /6 - If ) ( ext. 3, '-/ ,. [', a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project a'v- Pa&11` ° tL)rf'U hts Cree k c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. WIatural IdManmade ❑Unknown pu 2r vF 110 a 11-7 e. Is proposed work within city limits or planning jurisdiction? f. If applicable, Nt the planning jurisdiction or city limit the proposed ❑Yes IH%o work falls withirii /� /1 4 S�ia� Description '� a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) C9 1 ['- I L /�C re- ; b 3 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or �' /�'7� NWL (normal water level) _3 „ f-F (If many lot sizes, please attach additional page with list) ❑NHW or BAWL e. Vegetation on tract ri-htX,$�f �--C+- l.0 "k TFe e 5 f. Man-made features and uses now on tract ,. �.�01C$e.-WQI jth9 j-/bO )(,576 Co her e I— 810e K 13 a<'� dr'A�(' 1. arivus Stdrea�e Q4;fdtngs_ i�ctc� �GP1cal �e Cfabs,�+Sh,Slirintp�oys�e�s d-5e11 g. Identify and describe the existing land uses adjacent to the proposed project site. 5A IK e c2S m, he _ (n•,m a rei # 'I h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning complJpl'ance certificate, if applicable) []Yes[]NoIpNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes EJNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes BNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes 12No ❑NA National Register listed or eligible property? C <Form continues on next page> . Form DCM MP-1 (Page 3 of4) APPLICATION for Major Development Permit VRECEIVED m. (1) Are there wetlands on the site? NOV 0 9 2012 MYes ❑No (it) Are there coastal wetlands on the site? Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? DCm.mHDCffy Wes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. ,[x u. f%A 5 Sep *r C Ta n h 4- t ssocta fie Dta n �IL° o. Describe existing drinking water supply source. 6e2.ut-o rr ce Ll h r 1/ tca f -er p. Describe existing stone water management or treatment systems. AIM � 5. Activities and Impacts a. Will the project be for commercial, public, or private use? .Commercial ❑PubliGGovernment ❑Pnvate/Commundy ,L b. Give a brief description of purpose, use, and daily operations of the project when complete. �p�y ec 1, S " r@ (Urren/ ddoer&t`e as ccomfiverel'ctiCoco(( SeQPood,pd-ouidin G1glaa�il�/�o�S / ccsf.c.,e((gy provid.'n¢dmckagcfr�/'Cnlnntrrc.�Y( r'sht V °SSE/s p P��'c,pal`i`h¢ w� �rStir%tg� SAr1nf/oiny.��b;nq ,�oy.Sfevinq c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A'le giver, wash & LO A pu m p oOL- A& ? ' 4L 134r e 9 d. List all development activities you propose. LEJQ �I�_ u..)dt'I i (�d /Cks, Pic e eca Ram p f Leptt /I exZ;''Sfih'q R; Let's C(9 id lee Roorvx e. Are the proposed activities maintenance of an existing project, new work, or both? eot I. What is the approximate total disturbed land area resulting from the proposed project? q.Ft or []Acres s-,1? C g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes CANo ❑NA that the public has established use Of? h. Describe location and type of existing and proposed discharges to waters of the state. Sur-&c e 1. Will wastewater or stomrwater be discharged into a wetland? ❑Yes NNo DNA If yea, will this discharged water be of the same salinity as the receiving water? []Yes ❑No DINA j. Is there any mitigation proposed? ❑Yes tjNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM'MP-1 (Page 4 of 4) ►-%J;Jglq_"% il[Sri Kr- i Major Development Permit tioew32 x 9 Y va> ° .^. x. i.�i� v�at� �.wv �v``;>♦�3 �,''v#;w �. lnaddi�ior}fothlscam�siehidappli'cantorm,•(M(�-1)the%lbwingltemsbeMwrfappllcablelmustbe,submlttetltnot'dar(orrtil8�applrcatfon package to be complete Ifems (e)'- (1j am,afways eppllca6leYo any niajordevelopment application Please consntt fhe applte8hon rY v InsnucHbn booklet on h'owto propepy PmP,the required Items below x , t� T "j 5 w>°y a., A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 'a f. 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. A,E i k, x>� c t xga PhOrle NO 90 5!7.�t'�Mltco.x'Be�cd Name 4((t-ft5 D N[QW1'Jr\t'AS Phone No. AddressU.( Lapp Rd. O'�PJAailehye'D-78/0 NamB d x P �+ ' xx t PhoneA(0Y F,ux € xe' R ' k v r w43'' W a-' �M1'a't 4 y n 1es g yT y4" k i c�k�a°S ^nf nkk g. A list of previous state or federal,pernits issued for work on the project tract. Include permit numbers, pemiittee, and issuing dates. h., Signed consultant or agent authorization forth, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C,G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental. Policy Act. 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 the conditions end restrictions contained in the permit. 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. Date Print Name r=01 acT,r�,ftT�7�'�.S-fE'Io� Signature �Z7L4'L",.tV 7 n Ya Please indicate application'attachments pertaining to your proposed project. R (DCM MP-2 Excavation and. Fill Information ❑DCM MP-5 Bridges and Culverts eDCM MP-3 Upland Development JdDCM MP-4 Structures Information ItECBIVED Form DCM MP-2 EXCAVATION and FILL NOV 09 2012 (Except for bridges and culverts) DfMfiC)C1TY 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. Please include all supplemental Information. Describe below the purpose of proposed dxcavatlon and/or fill activities. All values should be given In feet. Length Width 4vg. Existing Depth -Tina[ [Project Depth Access Other Channel (NLW or Canal Bdat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization AO' NA NA 3 NA NA r. ZAGA VA I Iufv j$This section not applicable 1. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. (i) Does the area to be excavated include coastal wetlands/marsh (CW ), submerged- aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)7 If any boxes are checked. provide the number of square feet affected. ❑CW _ ❑SAV ❑SS _ ❑WL _ ❑Nona (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. '. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable area. (i) Oo you claim Lille to disposal area? ❑Yes ❑No ❑NA III) If no, attach a letter granting permission from the owner (i) Does the disposal area include any coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ OWL _ ❑None (III Describe the purpose of disposal in these areas: b. Oimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (It) If yes, where? f. (I) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? ','Pr t 33•'li�y32 Fnti^'.` ;e:s.cav;a�acrr. artag ;=i4tr Pagx 2 of'2j 3, SHORELINE STABILIZATION . This section not appgoable (lf development is a wood groin, use MP-4 —Structures) a. Type of shoreline stabilization: b. Length: ❑bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL:- ' d: Maximum distance walerward.of NHW or NWL: e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (It) if yes, state amount of erosion and source of erosion amount Information. t g. Number of square feet of fill'lo be placed below water level. h. Type of fill material. Bulkhead backfilb_ Riprap= . . --- . . ..I - Breakwater/Sill_ Other_ 1. Source of rill material. - - 4. OTHER FILL ACTIVITIES [74This sectlori not applkable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No - ❑NA b. (I) Will fill material be placed In coastal wetlandsimaish (CW). If yes, (11) Amount of material to be placed In the water (III) Dimensions of rill area _ (tv) Purpose of rill submerged aquatic vegetation IbAV), sneu ootiom (au), or other wetlands (WL)7 If any boxes are checked', provide the number of square feet. affected. - ❑CW ❑SAV ❑SS OWL (--]None (11) Describe the purpose of the rill in these areas: 5. GENERAL a. How will excavated or rill material be kept on site and erosion ""ti.' What type of construction equipment will be used,(e.g.,gragline, controlled? �r backhoe, or hydraulic dredge)? 6�Lk t� Z AVe Ir, c. (1) Will navigational aids be required as a result of the project? d, (i) Will wetlands be crossed in transporting equipment to,projec! ❑Yes 2&No ❑NA site? Ryes' '❑No ❑NA'' (0) If yes, explain what type and.how they will be implemented. (it) If yes, explain steps that will be taken to avoid or minimize . environmental i acts. Date lq C / /� �(f % �,• Applicant Name Project Name /� Applicant Signature // �J y If RECEIVED Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) NOV 0 9 2012 DCM•MIiD C[Ty 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. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. / - 15"k Qv / /Ce R/90>P) c. Density (give the number of residential units and the units per acre). 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. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes Me DNA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. /V/ri 4/euj im.o2er(/tetus 5uWfaC�e i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. /VO Nets, IVVIOQe cl,cuc 5'ud/1ee �> T j. Describe proposed method of sewage disposal. !_-x, 2, .5t;nic rYl5./`e SeAl I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down' and residential discharges). Sur11t'e- t�iAn 0-f-9 d. Size or area to be graded, filled, or disturbed including roads, ditches, etc. I , K 12.4/ / I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. J ce rj/nrin'%a he Cens'�vurl`Pr1lt ri r i - 1-711111!12 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Duality for review? ❑Yes IRNo ❑NA (fi) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes lKNo DNA If yes, attach appropriate documentation. m. Does the proposed project include an innovative Stormwater design? ❑Yes 2No DNA If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g.. well, n. (!)Will water be impounded? _. []Yes INNo ❑NA community, public system, etc.)- - - (it) If yes, how many acres? COL( „ felt tey o. When was the tot(s) platted and recorded? p. If proposed development is a subdivision, wilt additional utilities be /n 6 l installed for this upland development? `( L ❑Yes' [RNo ❑NA. r`a.Z:+4i.i»%t;ISF3 :; :-ea'tJ t'.^^=�rs�.s-$t n+titrn_,scc_yzz C, n3. _??Z_=�z. rn _t�yescY. rnv€e,wc! 2372Si:1f. Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECENED NOV 0 9 2012 DCM-MIM CT? V 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. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: Wommercial ❑Public/Government ❑Private/Community []This section not applicable b. (i) Will the facility be open to the general public? VaYes []NO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes []No (ii) Number 01 _T If yes: (iii) Length k%� r (ii) Number (iv) Width �r / O Length _It— (v) Floating []Yes R[No IN) Width ? r (v) Floating []Yes 5ZNo e. (1) Are Platforms included? []Yes []No f. (i) Are Boatlifts included? ❑Yes []No If yes: If yes: (it) Number (ii) Number _ (iii) Length (iii) Length _ (iv) Width IN) Width _ (v) Floating ❑Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: 1— r k. Typical boat length: 3 J m. (i) Will the facility have tie pilings? (�� p ❑Yes ONO S"de It)twobhe (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). /G G 3o r Crc� b F1, d-Dystc�e l3Gzet-s Qs well as k.)ooden vt- Steel Hul'( T-1-attole1^5 a SO;y, I. (i) Will the facility be open to the general public? C.Yes ❑No 'odasG DC1i2 1, l5z C.493'....,r ,j".w. w' L3" s';r 2. DOCKING FACILITY/MARINA OPERATIONS 'OThis section not appficable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ' ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (li) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed oft h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? 0 k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? C m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No RECENen Form DCM PAP-4 i:54ructuifes Pv?e 3 of,4 NOV 0 9 2012 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes WNo �r o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerge aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S8 _ OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes j$No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) OThis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) MThis section not applicable a• (i) Number _ (ip Length (III) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) LgThis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS Whis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community G. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) 0 T'Ov ,M td3.M] Ott Pwr.; PLigo 4 !�JNj 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. "'�,j Do(yhs%reewi`(.�iIiLSA 19__ °a QF UgS�Nepha l00 LA rP Dc-uj+) fftk, Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body U fr e. (i) Will navigational aids be required as a result of the project? ❑Yes Flo ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL --- L,Vw. L 8. OTHER JMThis section not applicable a. Give complete description: Applicant Signature SR l a 4aposed 0►t >Za!`. P pvuxOteL pxi'st� Ag bKlk" 5,eo4o d Plepektyaf. �y F/myd FOS tei< 2, %_0 L&O'o R d 13eA&velk, w4 17810 exisi4 As i i rtoPW': n"i +* o fir'` eEwft Ov092PPs; - a SjCirD �t Tf ' c T r� 93ap S 6leparr to °Zb t v�vVIC& VRC rncde + usMn� x SAOve L;., e a- ir � � � ` Proposed ' " 7!•` #{ � �--��' �lkway � ID, � a�� � pocK d- ?'per QO� Iin ' I a7°a��CXTeMc �If �d a se 0834e d 1 ► •Me IdJalev DeptA� , 44 �W&%Pepa rS�WPa.Ye v/'l1r` es`/oyc9- 'A ✓s cee'e% piecf- ( r Wri h is C O"r� + •// rederkl big, T ` � S,°tGa �.aca yio ti ►hap a p N401`% Scale /✓rl� td SIC' � S;de view oILAave� o (� ,7(.cJ'r Beat Rar'�.p \a Co n-�L w y ?.� loop ;bIT t � r t _ n Pr z� Oea d Pat McCrory Governor Fosters Seafood 220 Loop Rd. Belhaven, N.C. 27810 Dear Sir or Madam: NC®ENR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director January 10, 2013 Natural Resources John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the.original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (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 penuit 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 requires 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. Sincerely,, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoaslalmanagement.net An Equal Opportunity I Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Mr. Carl Foster 4778 Pamlico Beach Road Belhaven, NC 27810 Dear Mr. Foster: Braxton C. Davis Directo, January 10, 2013 John E. Skvarla, III Secretary Thank you for your email sent November 19, 2012 concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns about the proposed 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 this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 7-13 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely, Daniel Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-2473330 Internet: www,nccoastaimanagement.net . An Equal Opportuniq \ Affirmative Action Employer ' DIVISION OF COASTAL MANAGEMENT + RECEIVED FIELD INVESTIGATION REPORT p` APPLICANTS NAME: Mr. Ernest Floyd Foster NOV 0 9 201Z 2. LOCATION OF PROJECT SITE: Project site is an active wholesale seafood business known as j5p�d located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. Photo Index - 2006:108-8485; D-9 2000:108-1261; C-8 1995:108-1140; C-18 State Plane Coordinates - X: 2,715,200 Y: 614,450 Pamlico Beach Quad. (lower left comer) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 14, 19 September 2012 Was Applicant Present - Yes, Yes 5. PROCESSING PROCEDURE: Application Received - 26 October 2012 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: PTA, PTS (D) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Tank and Drainfield Planned - N/A (F)Type of Structures: Existing - Residence, Fishhouse Building, Dock, Pier and Bulkhead Planned - A 5' x 165' dock, a 5' x 70' pier, a 12' x 20' boat ramp and a 14' x 24' ice room. (G) Estimated Annual Rate of Erosion: Unknown HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 240 ft' (Canal Boat gyp) 370 ft'(Shaded Wrights (Wrights Creek/Canal/Basin Creek) Bottom) 825 ft' (Shaded Basin Bottom) (C) Other 336 ft' (Ice Room) (Upland) 240 ft' (concrete approach boat ramp) (D) Total Area Disturbed: 1,991 ft' (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW, NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a 12' x 20' boat ramp in a man made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek. The applicant also proposes to construct a 14' x 24' ice room on uplands. Ernest Floyd Foster Fosters Seafood Wrights Creek Beaufort County Project Setting A PECENED NOV 0 9 2012 DCAf-MRD my The 1.5 acre project site is developed as the wholesale commercial fishhouse and a residence located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. The project site is three lots, two of which are developed as the wholesale commercial fishhouse. This mixed land use (residence/commercial fishing operation) is common in this part of the Pamlico Beach area with many properties owned by families participating or with a history of participating in commercial fishing. The site has 826' of shoreline with the west side bordered by a man made canal, the south side bordered by Wrights Creek and the east side bordered by a man made basin off Wrights Creek. The lots developed as the wholesale commercial fishhouse are characterized by a 50' x 100' block building that houses the seafood processing operation. Vehicles traffic down either side of the block building to access commercial fishing boats moored in the canal, Wrights Creek and basin. Vegetation is sparse in this area due to this traffic and resulting ground compaction and associated gravel. The adjacent lot to the east of the fishhouse is the lot with the residence and man made basin. The area around the man made basin does not have any gravel and is vegetated with upland grasses that are regularly mowed. The residential lot is less developed with impervious surface and is vegetated with maintained lawn grasses and various hardwood trees mainly loblolly pines. There is an area of Coastal Wetland marsh on the east side of the man made basin on this lot. The marsh is vegetated with Juncus roemerianus, Spartina paten s and Distichlis s ip'cata. The man made canal is ±20' wide x t200'long and terminates into a ±45' x f50' basin. The property line between the applicant and the adjacent property owner to the west (C.W.Foster) is located on the western bank of the canal. The canal bank is stabilized with a bulkhead on both sides. Some of the tie backs have broken causing the bulkhead to lean into the canal. Small 25' long or less commercial fishing boats tie "side to" the bulkhead in the canal. An 8' wide concrete walkway runs along the landward edge of the bulkhead along the canal then turns to the east and follows the bulkhead along Wrights Creek terminating when it reaches the man made basin. There is a 14' wide x 60' long shelter constructed over the concrete walkway along Wrights Creek. This area serves as a loading/unloading area for both large and small vessels. There is an existing 5' x 48' pier with a 5' x 20' L-head platform constructed into Wrights Creek. Larger trawl boats tie side to the aforementioned small platform and pier. Water depths in Wrights Creek in the riparian area of the fishhouse are deep (-9' below NWL) consistent with those found in the Federal Channel in Wrights Creek. The Federal channel extends from the Creek mouth beyond the project site for another 0.20 mile. The Federal Channel Setback Line offshore the project site ranges from 57' on the west side of the property to 100' on the east side from the normal water level (NWL). The project site is located in a turn of the Creek. Vessels navigating in this part of Wrights Creek are predominately commercial fishing vessels ranging in size from small outboard powered center consoles to large deep draft steel hull trawlers. The man made basin has a depth of -9' at the opening to Wrights Creek. The Ernest Floyd Foster Beaufort County Page Two OF RECO eo NOV 0 9 2012 DCM-Nwc Pi' basin has a depth of -6' in the center then shallows to 3'at the landward end. There is a shallow shoal in Wrights Creek on the east side of the basin. Project Description The applicant proposes to improve the site as a harbor of refuge for commercial fishing boats by undertaking dock/pier construction to increase available mooring and a 12' x 20' boat ramp for launching and retrieving small outboard powered commercial fishing vessels. The boat ramp is to be pile supported ,12' wide x 20' long, constructed waterward of the existing bulkhead with a 12' x 20' long concrete slab poured landward of the bulkhead. The proposed boat ramp is to be located at the head of the man made canal. The applicant proposes to extend the existing 5' x 20' L-head platform on the existing pier in Wrights Creek another 20' for a final dimension of 5' x 40'. The applicant proposes to construct a 5' wide x 165' long dock from the existing covered dock around the perimeter of the man made basin to a new 5' wide 70' long pier into Wrights Creek. The new pier will fall short of the Federal Channel Setback by 30'. A 14' wide x 24' long ice room is proposed to be constructed between the covered dock and the block building. Anticipated Impacts The boat ramp construction will shade/fill 240 ft2 of canal bottom. The enlargement of the existing L-head platform and new pier construction will shade 370 ftz of Wrights Creek bottom. The new dock around the perimeter of the man made basin will shade 825 ft2 of basin bottom. The ice room construction will disturb 336 ft2 of uplands. The boat ramp construction will impact 240 ft2 of uplands. The project proposal may increase commercial fishing boat traffic in the area and their associated impacts. Steve Trowell - Washington Regional Office - 5 November 2012 1 4'.'q 1. •ICM tA^•GN 'dA T41f +4 /4CW AM+R nF r1.0' 4C If 1; ! npp , .4 [.At .y •., $ •�<'�.�.: 1` 41 1415 '•v\S r D 14 Al. rD,w II Neu v •�• wJ.� 1 4Y W1.40 A VAL T41S :O jb,,, L T+RTSP F• ' T \ S•R• ` NPqtl AkffdlF, �T r, • 17;c i9r r .►ii y GO•• �•SI+N�Ev: Qf'� �: p'�nrx/G" WORTH CAROIIMA .r 1�.•RI Cr�P,r`•` S•R•17 n BEAUFORT COUNTY �1+1•:,,,n •J. Pr' 1, EYE LYN t. BOYD NOTARY ►uSUC,CERT,I& HAT FH00014�, A IGIAROSON, RLpISTERCO LAND SUR VCYOR, PLASPNALLY A4ii.( 9 /OR�fJJ4' THIS PAY AND ACkNOrLt00tP THE Out EXECUTION OF r TAU Yt NT. w WITNESS NY NANO • SEAL TN IS_S�_L OXY Q'Y l9 It / O N N CVtLYN BOYD •;, CONM�[¢� i •/IM tT r �/� !'.64',.v ,(', O\ It EF ERENCES ,.. 0. S. 801, P. 167 \ , , 00 , I % go 1 NpM f x p o f` , N 't N N �\ ✓ Cry�Ty V lory y ? 4cRc W O /- Ar \ a� ha m y r� l�f QyI °N O �-'• � 69 0 h / TI� - s9 �r 4t F / I_ E G E ND if, Ta'n Cn �A'C ,{, ,^;y 0 Found Iron Pipe tie ariz D NOV 2 8 2012 DCM-MHD CITY ,I i.w'.'O L P,rM.lFny;q ''rA TNif t •�' ���. ` O! rl. D' 9[ IS I: IN NOR 3 n 'R(• vA �• - ..�:�': J� •..ai 74i3 wt5 rps•ro,wn Naas c ., -• J. v. Vt )�� 4T NLND el 3•'SL IN'S :0 TH pTw1BEfl.T' \ +•R" T�• MOGD ply' AiRfTp'K, jSrj;S^-- SR17 � �,• 9c 7i� 1i C�••°G Sl1H`Ev • 0) Am NDNTN CA ROLIMA !�•< RICt�P rta .P/vGT� f•?.� BEAUFORT COUNTY Ir„' ..•••I •`ra N1AUCt . FC I, EVE IYN S. BOYO MOT aRY PU BLIC, CER 1 MATn fH� j,J{Y• qq DCtl4! RICNARDS d4 / REGISTCRED LAND SURYCYOR, PERSCNALLY ARPCAB40 OiFOR� P,TNR DAY AND ACXNOWLEDOLD THE DUE EXECUTION'O7 r0jr, w� I TRUN LNL. A WITNESS NY NANO A SEAL TH13,30 TH ,OAY 0.7, R I(,Y Sf' fVELYN BOYD •;, CONNiE%P t O/Ip'�N7 I\\ N aY' ? co NA. B.is, P.29 D. B. 801, P. 167 \ lv \ U /22 00, ro 2T. J � �y . .� on/ y.. 0000 e Vol / V 0 9 / OGJ�` 0 B 4T O N A+ f \�/Z 14 qp v�as T q N lL• �r` 3 C v ON 3 e �Q 4'9 Q m 4 W J \ P• � C Q v/ . ti� ,., = 0 r G rM' r/ Q T s690 o v n fo LEGEND 0 Found Iron Pipe S�3 as a•., 1, Govoni, Daniel From: Trowel], Steve Sent: Wednesday, January 02, 2013 4:19 PM To: Govoni, Daniel; Huggett, Doug; Howell, Jonathan Subject: FW: Foster-Wrights Creek CL 31 (UNCLASSIFIED) Attachments: Foster-Wrights Creek CL 31.docx -----Original Message ----- From: Pelletier, Josh R SAW [mailto:Josh.R.Pelletier@usace.army.mil] Sent: Wednesday, January 02, 2013 3:16 PM To: Trowell, Steve Subject: Foster-Wrights Creek CL 31 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Steve, The U.S. Army Corps of Engineers, Wilmington District has authorized of Ernest Floyd Foster to construct a 12 foot wide by 20 foot long boat ramp, a 5 foot wide by 165 foot long dock around the man made basin, and also a 5 foot wide by 70 foot long pier, on Wrights Creek, on property located at 220 Loop Road, off SR 1727, in the Community of Pamlico Beach, near Belhaven, Beaufort County, North Carolina. This authorization was issued via Programmatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All terms and conditions of this permit apply. Please attached the following condition in any issued permit. All work authorized by this permit must preformed in strict compliance with the attached plans, which are a part of this permit. Any modification of these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. Thanks! Josh R. Pelletier Regulatory Specialist United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910) 251-4605 Classification: UNCLASSIFIED Caveats: NONE 1 December 8, 2012 Regulatory Division Action ID No. SAW 2012-01863 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Ernest Floyd Foster to construct a 12 foot wide by 20 foot long boat ramp, a 5 foot wide by 165 foot long dock around the man made basin, and also a 5 foot wide by 70 foot long pier, on Wrights Creek, on property located at 220 Loop Road, off SR 1727, in the Community of Pamlico Beach, near Belhaven, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all -navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 David Moye, District Manager Washington Field Office North Carolina Division of Coastal Management DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Ernest Floyd Foster County: Beaufort LOCATION OF PROJECT: Project site is an active wholesale seafood business known as Fosters Seafood located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. 0 Recell� DATE APPLICATION RECEIVED COMPLETE BY FIELD: 26 October 2012 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NO Nov 0 9 2012 i CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES' FIELD REPRESENTATIVE: Steve Trowel) DISTRICT OFFICE: Washington DCU-MBDCar DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RE : $ 400.00 (100%) PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSI�r�IL2TO: C) 75 DAY DEADLINE: `` 150 DAY DEADLINE: u:l •II •:r FEDERAL DUE DATE: STATE DUE DATE: DEED REC'D: ON: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency (. Division of Community Assistance —i 3 Land Quality Section S Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission ry-S Local Permit Office Division of Marine Fisheries Corps of Engineers NCDENt 1 North.Carolina Department ofEnvironment and Natural f 1, Division of Coastal Management Beverly Eav �s Pel Bue Braxton C. Davis Governor Director MEMORANDUM TO: Ms..Renee Gledhill -Early NC Department of Cultural Resources Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead CityNG28557 DATE: 7 November 2012 0 8 2012 ,f --;_J ta-. 2fl96 Respond to Doug Huggett Morehead City Office SUBJECT: CAMA Application Review 0 APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood S u Z6''t t t l a-9 I ty Secretary PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a:man,made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the'Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed'. project and return this form by 27 November 2012. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project, When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. y1'" This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached Qj comments. Signed ' `a -� Date 943 Washington Square Mail, Washington, NC 27889 Phone: 252-94M4811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity \ AflruMa6veAction Employer No thCarolina WI NOV 0 �2012 �g .t�, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary MEMORANDUM RE IvED TO: Maureen Meehan -Will NOV 09 2012 District Planner Division of Coastal Management FROM: Doug Huggett Respond to Doug I luggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: CAMA Application Review APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 2012. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. Thi office objects to the proposed project for ns scribed in the attached ants. Signed Date /!/ �' 943 Washington Square Mall, Washington, NC 27889 One Phone: 252-946-6481 \ PAX: 252-948-0478 Internet www.nccoastaimanagement.net NorthCarolina An Equal Opportunity, 1 Affirmative Action Employer NatuCallb, Dee Freeman Secretary a boat ramp, dock, pier, and ice room adjacent to Wright's Creek, near the. with the on January 13, 2010. .impacted by the proposal are Public Trust Area and as SA; HQW, NSW, are closed to the harvesting of cry area. ap designates the subject property as Agriculture — as Conservation. Development within the designated evelopment guidelines. Applicable or related policy activities that are consistent with 5Athe use ue waters, and public trust areas (1NCA — ition..." (Policies for Land Use compatibility standards or the estuarine shoreline es ith the use 7H. 0209(d)) is allowed. (15A N p• 2.2.2, pg. III-13) 'tion 11, Policy' NoohCarolina n�08-wmana ement.net naturally i NC® N a North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary MEMORANDUM To: Doug Huggett, Major Permits Coordinator From: Maureen Meehan, DCM Morehead City District Planner Date: December 3, 2012 Subject: Major Permit requested by Ernest Foster, construct a boat ramp, dock, pier, and ice room on uplands, on property located at 220 Loop Road, adjacent to Wright's Creek, near the Town of Belhaven, Beaufort County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & Not in Conflict with the Beaufort County Land Use Plan certified by the CRC on January 13, 2010. Overview: The Areas of Environmental Concern (AECs) impacted by the proposal are Public Trust Area and Public Trust Shoreline. The waters are classified as SA; HQW, NSW, are closed to the harvesting of shellfish and are not classified as primary nursery area. The Beaufort County Land Classification Map designates the subject property as Agriculture — Forestry — Rural Housing and the subject AEC as Conservation. Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Only development and land/water use activities that are consistent with the use standards for coastal wetlands, estuarine waters, and public trust areas (15A NCAC 07H.0208) are allowed in this classification... " (Policies for Land Use Compatibility — Conservation I, Policy 2.1.3, pg. III-12) "Only development that is consistent with the use standards for the estuarine shoreline AEC and the public trust shoreline AEC (15A NCAC 7H. 0209(d)) is allowed. " (Policies for Land Use Compatibility — Conservation II, Policy, P. 2.2.2, pg. III-13) 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanaaement.net An Equal Opportunity 1 AffrmaUve Acton Employer NorthCarohna Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management g 9 10 Beverly Eaves Perdue Braxton C. Davis ��1 ���/�f Dee Freeman Governor Director , ) r' Secretary ,, NOV 2012 c, t2 t► 09. of RECEIVED MEMORANDUM ,^ __H_.wtBttyy� 6� TO: Mrs. Maria Dunn NC Wildlife Resources Commission ��9Z;d bZ ZZ FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 ' RECEP EM DATE: 7 November 2012 DEC 05 2012 SUBJECT: CAMA Application Review DCM-INpp c17y APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of am made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 2012. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY j This office has no objection to the project as proposed. ✓ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date it - 2L9 - 12_ 943 Washington Square Mall, Washington, NC 27889 One NorthCarolina Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccDastaimanagement.net �rf N // An Equal Opportunity 1 Affinnalive Action Employer Nato{ ally Beverly Eaves Perdue Governor TO: _�_ ►' ��iJl+ r HCDE NR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director MEMORANDUM Ms. Anne Deaton/ICevin Hart Division of Marine Fisheries Resources FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue _ Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: CAMA Application Review APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood r0AILED 1Z Dee Freeman Secretary PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven inLBge ! fortCoupty; North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form byo-7— 1 oveliher"20J2. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 16 2017- 943 Washington Square Mall, Washington, NC 27889 One Phone: 252-946-64811 FAX: 252-94M478 Inlemet: www.nccoastalmanagement.net NO hCarolina An Equal Opportunity l Arfrma6ve Action Employer Naturallrf Dec, 11, 2012 1:37PM AAA No. 6509 P. 4 NDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary MEMORANDUM TO: Beaufort County Building Jnspeotor Brandon Hayes 220 N Market St. Washinpm. NC 27889 FROM: Doug Huggett Aespond to Doug Haggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commence Avenue Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: LAMA Application Review APPLICANT: Mr. Ernest Floyd Fosta, Fosters Seafood PROJECT LOCATION: Project sito is located'off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach scar Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man naade basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Commwvty of Pamlico Beach near Bolbaven, Beaufort County, North Carolina, Plcasc indicate below your position or vicwpoiut on the proposed project and return this form by 27 November 2012. Please contact Steve Trowell at 252-949.3954, if you have any questions regarding the Proper projwL whco appropriate, in depth wramct is with supporting date are requested. REPLY This office has no objection to the project as proposed. This office has no comment an the proposed project This office approves of the proposed project only if the recommended changes are ineorporated. Sec attached. This office objects to the proposed pmjoct for re:Awns doscribed in the attached comments. Signed pate 9-7—o 943 Washington Square Mao Washington, NC 27889 Phone; 252-84H4911 FM 252-948,0476 rrrtemot: wmn=astalmanagamanixet An Equal oppanunlry %Am=9V0 Adan EMMoym WAhCarohna aurally 9/S'd 0RRUt,22S2T6:01 SLvoet762s2 1NW9W -HiSHOO AI0 ON:WOJJ 2S:£T 2102-TT-320 North Beverly Eaves Perdue Governor IL R A&; -A NCDEE R Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis TO: Mr. Ken D. Pace NCDOT Roadside Director MEMORANDUM FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: CAMA Application Review APPLICANT: Mr. Ernest Floyd Foster, Fosters 4 RECEIVED NOV 2 9 2012 DCM-MAD CITY Respond to Doug Huggett Morehead City Office NOV 2 6 2012 Dee Freeman Secretary PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 2012. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY /This office has no objection to the project as proposed. V This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date // Z 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer None Carolina Natura!!r, NCDENR North Carolina Department of Environment and Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director MEMORANDUM TO: Ms. Patti Fowler NCDENR Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: CAMA Application Review APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood ()C�' Natural Resources Dee Freeman =VUM ry NOV - 2 2012 Shellfis' Pecreaticnal ------- — �.y Secrion Respond to Doug Huggett Morehead City Office NOV 15 2012 Dc'4MFIDCITY PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 2012. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached /� comments. Signed ,��n-.m'wm' 11/)3A)' 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 AtPoma6ve Action Employer NorthCarolina Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director RbCSiVED MEMORANDUM NOV 15 202 TO: Mr. Pat McClain Division of Land Quality DCM-MAD CITY FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: CAMA Application Review APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood Dee Freeman Secretary PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 2012. Pease contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. !/ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached Signed /E✓� �� --}}�jeomments. 4 Date /�/ )-,i/I 943 Washington Square Mall, Washington, NC 27889 NorthCarolina Phone: 252-946-WI8 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net /� )�N // An Equal Opportunity l Affiimalive Action Employer Natz ally RCDe-�ENR North Carolina Department of Environment and Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director MEMORANDUM TO: Mr. Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commence Avenue Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: CAMA Application Review APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood 9C� Natural Resources Respond to Doug Huggett Morehead City Office RECEIVED NOV 13 2012 DCM-M11DCPffy Dee Freeman Secretary PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 2012. Please contact Steve Trowel] at 252-948-3854, if you have any questions regarding the Proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. _Lfw:':��This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed �� �z l� Date 943 Washington Square Mall, Washington, NC 27889 One Phone: 252-946-64811 FAX: 252-948-0478 Internet: mm.nccoastalmanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Nato/KL{y w NCDENR North Carolina Department of Environment and Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director MEMORANDUM TO: Ms. June W. Machaux Director State Property Office FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 7 November 2012 SUBJECT: CAMA Application Review APPLICANT: Mr. Ernest Floyd Foster, Fosters Seafood DC_ Natural Resources Dee Freeman Secretary 1"L ` P Cl Respond to Doug Huggett Morehead City Office RECEIVED NOV 14 2012 DCM-MED 0T PROJECT LOCATION: Project site is located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 2012. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When a7his 'ate, in depth comments with supporting data are requested. REPLY ffice has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signe �11 Date \ _ v _ZL Washington Square Mall, Washington, 27889 Ph In Phone:252-948-64811 FAX:252-948-0478 Internet www.nccoastalmanagementNohCarolina net /�/+ // An Equal Opportunity 1 Affimobve Action Employer d �atu QLLbly DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mr. Ernest Floyd Foster 2. LOCATION OF PROJECT SITE: Project site is an active wholesale seafood business known as Fosters Seafood located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. Photo Index - 2006:108-8485; D-9 2000:108-1261; C-8 1995:108-1140; C-18 State Plane Coordinates - X: 2,715,200 Y: 614,450 Pamlico Beach Quad. (lower left comer) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 14, 19 September 2012 Was Applicant Present - Yes, Yes 5. PROCESSING PROCEDURE: Application Received - 26 October 2012 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: PTA, PTS (D) Waterzw!� (D) lntend (E) Waste ' g -Septic Tank and Drainfield Planned - N/A (F)Type of Structures: Existing - Residence, Fishhouse Building, Dock, Pier and Bulkhead Planned - A 5' x 165' dock, a 5' x 70' pier, a 12' x 20' boat ramp and a 14' x 24' ice room. (G) Estimated Annual Rate of Erosion: Unknown 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 240 W (Canal Boat gyp) 370 W(Shaded Wrights (Wrights Creek/Canal/Basin Creek) Bottom) 825 fF (Shaded Basin Bottom) (C) Other 336 W (Ice Room) (Upland) 240 ft' (concrete approach boat ramp) (D) Total Area Disturbed: 1,991 ft' (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW, NSW Open: No 8. PROJECT S licantTroposes to construct a 12' x 20' boat ramp in a man made canal, a 5' x 165' dock around the perim man made basin ched to a proposed 5' x 70' pier into Wrights Creek. The applicant also proposes to construct a 14' x e-roomuplands. Ernest Floyd Foster Fosters Seafood Wrights Creek Beaufort County Project Setting The 1.5 acre project site is developed as the wholesale commercial fishhouse and a residence located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. The project site is three lots, two of which are developed as the wholesale commercial fishhouse. This mixed land use (residence/commercial fishing operation) is common in this part of the Pamlico Beach area with many properties owned by families participating or with a history of participating in commercial fishing. The site has 826' of shoreline with the west side bordered by a man made canal, the south side bordered by Wrights Creek and the east side bordered by a man made basin off Wrights Creek. The lots developed as the wholesale commercial fishhouse are characterized a 50' x 100' block building that-bouses the seafood processing oprrahon. Vehicles traffic down er eithside of the block building to access commercial fishing boats moored in the canal, Wrights Creek and basin. Vegetation is sparse in this area due to this traffic and resulting ground compaction and associated gravel. The adjacent lot to the east of the fishhouse is the lot with the residence and man made basin. The area around the man made basin does not have any gravel and is vegetated with upland grasses that are regularly mowed. The residential lot is less developed with impervious surface and is vegetated with maintained lawn grasses and various hardwood trees mainly loblolly pines. There is an area of Coastal Wetland marsh on the east side of the man made basin on this lot. The marsh is vegetated with Juncus roemerianus, S_partina ap tens and Distichlis s iD cata. The man made canal is t20' wide x f200'long and terminates into a ±45' x ±50' basin. The property line between the applicant and the adjacent property owner to the west (C.W.Foster) is located on the western bank of the canal. The canal bank is stabilized with a bulkhead on both sides. Some of the tie backs have broken causing the bulkhead to lean into the canal. Small 25' long or less commercial fishing boats tie "side to" the bulkhead in the canal. An 8' wide concrete walkway runs along the landward edge of the bulkhead along the canal then turns to the east and follows the bulkhead along Wrights Creek terminating when it reaches the man made basin. There is a 14' wide x 60' long shelter constructed over the concrete walkway along Wrights Creek. This area serves as a loading/unloading area for both large and small vessels. There is an existing 5' x 48' pier with a 5' x 20' L-head platform constructed into Wrights Creek. Larger trawl boats tie side to the aforementioned small platform and pier. Water depths in Wrights Creek in the riparian. area of the fishhouse are deep (-9' below NWL) consistent with those found in the Federal Channel in Wrights Creek. The Federal channel extends from the Creek mouth beyond the project site for another 0.20 mile. The Federal Channel Setback Line offshore the project site ranges from 57' on the west side of the property to 100' on the east side from the normal water level (NWL). The project site is located in a turn of the Creek. Vessels navigating in this part of Wrights Creek are predominately commercial fishing vessels ranging in size from small outboard powered center consoles to large deep draft steel hull trawlers. The man made basin has a depth of -9' at the opening to Wrights Creek. The Ernest Floyd Foster Beaufort County Page Two basin has a depth of -6' in the center then shallows to 3'at the landward end. There is a shallow shoal in Wrights Creek on the east side of the basin. Project Description The applicant proposes to improve the site as a harbor of refuge for commercial fishing boats by undertaking dock/pier construction to increase available "mooring and a 12' x 2 oa '3mfip for launching and retrieving small outboard powered commercial fishing vessels. The boat ramp is to be pile supported ,12' wide x 20' long, constructed waterward of the existing bulkhead with a 12' x 20' long concrete slab poured landward of the bulkhead. The proposed boat ramp is to be located xhe-heatYo17 man made canal,, The applicant proposes to extend the existing 5' x 20' L-he latform on the existing pier in. W-rthts Creek another 20' for a final dimension of 5' x 40'. The applicant proposes to construct a 5' wide x 165' long dock from the existing covered dock aro a perimeter of the man ma3e�i-new 5' wide 70' long pier into Wrights Creek. The wager-wiA annel Setback by 30'. A 14' wide x 24' long ice room is proposed to be constructed between the covered dock and the block building. Anticipated Impacts The boat ramp construction will shade/fill 240 ft2 of canal bottom. The enlargement of the existing L-head platform and new pier construction will shade 370 ftz of Wrights Creek bottom. The new dock around the perimeter of the man made basin will shade 825 ftz of basin bottom. The ice room construction will disturb 336 ft= of uplands. The boat ramp construction will impact 240 ft2 of uplands. The project proposal may increase commercial fishing boat traffic in the area and their associated impacts. Steve Trowell - Washington Regional Office - 5 November 2012 PJ aj car 1 Iva V'ra � v� 7"e L. )i McLy coh ce n h ; %vycr %ems ,�}�► ��p y�+y,� 1r 0, ;mRf6r Cc�inct t 7.3 do Some repoa(r, oerKg4 i/iyp�ovFneKts T® /x,,� S<dpwd cl o loop Rd; SelYmveij /NC. /Coo mc/A f4S r,7ZV5tPVs scat- �?hme-h led here- ik bcat ram fo /h � /�PJ��/1 LCJc'JSfC1"Jd"i1eU o4- hqc� kaHl a h'�e hem o Cl�tha� Coh s; f�'ny � ' } ra- �Al- cv;de by ��a Ft kohl i_oAif1eA4 m h J_ama a-nJ Je. by �,o ,La n � LOOcAe{ �'v � wr ,� n the- WA. e, Ic pU rpCs E G I-abikitII/,Vi % a rL d Ve tvAvmhy bf o repa,v ex%sl;h� bulKhigo eh fhc u'E54 S;d � car`" C�i��l df �"ENiac;►�R 3 .�r�kF� ,�,'l �'n55 2Hci 4ene P&on6cv-Yarpe5e c:-F bu(khead,`S to pre, z' ' n t Comas "eA 7a ka- it d, To e im,ngs 4(owg5'de alOAYSrde of brai;eh. p;Ii,n To esc'iehd exr'sng pI th e L , ApAii ox f -q-o ie% eas fe'P(y i'o 7-4 ,e- 49 is +I h l s �e r ©P fOj'l; nI.S purIPase 7o ,o revek7L boats Ara" ca./cIt;,I� urgdel- 'Aierd-cal mosit' d-7rvbettel- TI-' e i tp b rqa.+` , To b c4 I id a- eef1ucz1 4- rotdvrd f/re l2mal-?Ned2 ece oh ttie eccsf �:de cp-Ckc»cl-"m•CM GJcis�r'r�c� covered decK 10 /655-(� !f�rauxd ccr7"X L5yefLe) 1 le 6etoe eit p �';`e •5 lt;/dea X ?o ng arcm eo?S', b as t- a fti e n6o ire y-o 7'1`e up boats eaS� hccess 7Lo- be;O'S. %^ e(Jui`(J& lee Rec ill'A IS,h �d I/1l. aLm-Ql, v aL/ c Lee p Den MF-1 APPLICATION for MaJor Development Permft (last revised 12f27100) North Carolina DIVISION OF �. Prr��ri»iry��lplPcar7�`l:aMdaWriart�'�t'r►,i�t�?ir�, � '� � �� ,';' Ya'° � Business Name - Project Name (I applicable) Fos7''el-s Spa food Applicant 1: First Name MI .d Last Name to C rn es Flo l= e s ►^ Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address Rbad PO Box City edflovem State /VC, © Lootj 'ZIP :Country FAX No. 8 / (9 1? 5 ^7� p�PhoneNoo.. U d.] - of 1 i ext. - StreetAddress(ifdifferentfmmabove) City State ZIP Email Business Name k5 ®U Agentl Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box City State ZIP Phone No. 1 Phone No. 2 ext. - - ext. FAX No. Contractor # Street Address (if diRerentfrom above) City State ZIP Email <Form continues on back> n 292-808.2808 :: 1.888-4RCOAST :: www.occoastalmanadement.net Form DCM MP-9 (Page 2 of 4) APPLICATION for `Major Development Permit 3g{" Plo act LoFaLon s x y `rk i = i s V, County (can be multiple) SlreetAddress State Rd. # e ig ADP r 117 Subdivision Name City State Zip a�ae, ,C Phone No. Lot No.(s) (d many, attach additional page with list) 251- iG - 1 ext. 3 , J_/ , 3-1 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project "qll - W1^1 htt Cr'ee h c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Pffatural amarimade []Unknown pu f`7 q O 1 Ile J1 e. Is proposed work within city limits or planning jurisdiction? I. If applicable, Mt the planning jurisdiction or city limit the proposed ❑Yes Ella, work falls within. 4 Sids'bescnptlon N F.r a. Total length of shoreline on the tfact (ft.) I b. Size of entire tract (sq.ft.) 3`fe s t c. Size of individual lot(s) - d. Approximate elevation of tract above NHW (normal high water) or ^, /v' NWL (normal water level) .3 afr (If many lot sizes, please attach additional page with Ilst) - ❑NHW or QNWL e. Vegetation on tract, Ci-hasS �-C'-W 1� TFe.e 5 f.Man-made features and uses now on tract %+fpk$e.—�u:elltyl14bOKSO Collehe't'13/ocKl�u;ldr•Af Uar;rus Stara?e Qu,ldtytgs_ Quya-Ghu1c crabs/ J15h,SJ(r";nlpcoys-krs g. Identify and describe the existing land uses ad acen to the proposed project site. 5&/N e as m; n e _ (o),rn aYe_ # .� h- How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? A/ (' (Attach zoning compliance certificate, if applicable) ❑Yes []No ;NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Bt o k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes BNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes No ❑NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Yes ❑No (ii) Are there coastal wetlands on the site? EKYes []No (1II) If yes to either (i) or (if) above, has a delineation been conducted? - (gYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. 6ea.f, o rt C.6 t( K f1V iL)r¢ f-er p. Describe existing stone water management or treatment systems. - y�n � � �✓�� it11� � A 1� a. Will the project be for commercial, public, or private use? XCommerciaf ❑PrivatelCoTmunity ❑PublidGovemment b. Give a brief description of purpose, use, and daily operations of the project when complete. project S ; re currejlf d�2rQ�e QS ce omfil relfal Wholesale, t(W Sect{aocl;/�dauidmQ Uflloa�161q��S �/ ces Lue(('tS W►'©vld.'nrl dockagefoi'Cr�ivtl~,er<<q fr5�ir` VPSSE/s p1ef�-,'c,�oQh`h�. eb► �'rs�jiefg� S�r;n�f'inp,Cr52(r�np Foysf�y;.ip c. 'Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. P1Ieo dN;verrwashdotah pump 0�_A"60'4- 134vse d. List all development activities you propose. �Qf!K_ �� � ovck- r P ',e v oL ci e tRa 41 l�,ep�a/� exZ.'s'1�i►1p /�I�Ys, d� �ue (d. ice I'�o�m a. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed p(ojept? 9�q.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes i$No ❑NA that the public has established, use of? h. Describe location and type of existing and proposed discharges to waters of the state. ., Srsr-�ae e R.tcn—i f I. Will wastewater or stonnwater be discharged into a wetland? []Yes N o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No (gNA j. Is there any mitigation proposed? []Yes f o ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.ncaonstaimanagament.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 8,' A�Idttl�s�►�,� rt{�pP�i � -}� p �r5 � �" r x = , * �+. �' a a p i rneddtlrontolMsFddrplet9dap�l)oar�ort/orm(d¢ftd�aiorrowlnprrerttagetok5dapptrcab(a mrwtrsohtntHe�lln4lder#u{aappr!caftort i package to 4goordpreta (tams(el qq e �ftv9Xs apl itb9r. �lk bfa to anpma]af ileveivpment epWtceNon Fleasa consbftthaappffaa Ww r #nstn+r 0i�b0Akl9�un:hatjri(Yj7,lOPa!fyh P8Y6900*1e�llsb a A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Lf{t^f'1r5 b il"0- 19i/ \PhS Phone No. AddressU5 Loop R_ d, 13efades1✓e 2-7811) (, vr.J. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization forth, if applicable. t. Welland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 the conditions and restrictions contained in the permit 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. Date AC-1/—ylM l a Print Name rF„mac'%V� 5> ei Signature L�. Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts eDCM MP-3 Upland Development 06CM MP-4 Structures Information Form DCM MP-2 . EXCAVATION -and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all of er sections of the Joint Application that relate to this proposed project. Please Include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Length Width Avg. Existing Depth -trial Project Jepth Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rack (excluding (NLW or Breakwater shoreline NWL stabilization ao' NA NA 3I 3 NA NA �1 I. EXCAVATION 07-his section not applicable t. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. (1) Does the areala be excavated include coastal wetlandslmarsh (CWj, submerged -aquatic vegetation (SAY), shell bottom (SS), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL []None (11) Describe the purpose of the excavation in these areas! d. High -ground excavation in cubic !. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable Location of (1) Oa you claim title to disposal area? ❑Yes []No ❑NA (if) If no, attach a letter granting permission from the owner. (1) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SS _ OWL ❑Nana (ii) Describe the purpose of disposal in these areas: area. d. (1) Willa disposal area be available for future maintenance? []Yes [:]No ❑NA (it) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes Of ❑NA (11) If yes, how much water area is affected? ►l 3'9r;37 id:.1W !'dii'.'zs (@.:.caya�iQr. aa:d rill, P-age : ei'7j 3, .SHORELINE STABILIZATION. UThis section not applicable (if development Is a Wood groin, use MP•4 — Structures) a. Type of shoreline stablllzatlon: b. Length: _ 1-15ulkhead LJR1prap ❑Breakwaler/Sill ❑Other. — Width: c. Average distance watenvard of NHW or NWL: d. Maximum distance waterward of NHW or NWU e. Type of stabilization material: g. Number of square feet of fill'lo be placed below water level. Bulkheadbackgll— Riprap— Breakwater/SIII__ Other_ I. Source of flit material. f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (11) If yes, state amount of erosion and source of erosion amount Information. h. Type of rill material. 4. OTHER FILL ACTIVITIES [A This section not applicable (Excluding Shoreline Stabilization) a. (i) WIII All matedal be brought to the slle? []Yes []No ❑NA b. (I) Will fill material be placed In coastal wetiandslmaesh (CW). If yes, submerged aquatic vegetalian (SAV), shell bottom (SB), or (if) Amount of material to be placed in the water — other wetlands (WLJ? If any boxes are checked, provide the number of square feet. affected. (III) Dimensions of nil area _ ❑CW ❑SAV _ ❑SS (Iv) Purpose of till ❑WL []None (II) Describe the purpose of the rill In these areas: 5. GENERAL a. How will excavated or riill materialbe kept on site and erosion b. What type of construction equipment will be used (e.g.. draglins, controlled7 backhoe, or hydraulic dredge)7 slmltl &AP, Rii Lp? Lr s c. (I) Will navigational aids be required as a result of the projecl7 d. (I) WIII wetlands be crossed in transporting equipment to project ❑Yes ,&No ❑NA site? %Yes ❑No ❑NA (ii) It yes, explain what type and how they will be implemented. (11) It yes, explain steps that will be taken to avoid or minimize _ environmental' acts. • � /rU! /1 � /� /VPPrl wA Date evC /rl �� 9- Applicant Name / C e5%yd zDIel , Project Name L Applicant Signature r 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-1. Be sure to complete all Application that relate to this proposed project. Please Include all supplemental information. of the Joint GENERAL itJPLAND•DEVELOPMEI# _I a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. lzl,k Iv, ice 12/omwl � c. Density (give the number of residential units and the units per acre). A 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. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes Xo ❑NA (ii) If yes, list the dale submitted: d. Size of area to be graded, filled, or ditches, etc. including roads, f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for Impervious surfaces. g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major D be covered by impervious andfor built -upon surfaces, such as require a Slommwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been or parking. Water Quality for review? /I�FJ !1/E' LrJ 1Ii1 f?L�P f/ euS SI tffYLC P []Yes ®No ❑NA I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. NC NEw Il1yrf2,e4VJQUS 611VA e L-- j. Describe proposed method of sewage disposal. u' (11) If yes, list the date submitted: Permit may also to the Division of k. Have the facilities described in Item (1) received state or local approval? []Yes KNo ❑NA If yes, attach appropriate documentation. i I. Describe location and type of pmposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g.. surface runoff, sanitary wastewater, industrialf design? commercial effluent, "wash down' and residential discharges). oyes Q)No ❑NA 5u r j�2 r & f�iANt O'i If yes, attach appropriate documentatiIn. ...sThftt€4.O , J �+1. 1.. w!/if2 rl n oi'n't1 DI'`a'E YVP-3 Py'+4).nd "N!* 2 Y' m. Describe proposed drinking water supply source (e.g., well, n. (i). Will water be impounded? []Yes INNo ❑M community, public system, etc.) (it) If yes, how many acres? ub o. When was the lolls) platted and recorded? 1%1_ p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes QNo ❑NA a .:i'ri- e�iR .'8-':Si�+ile ....2Axi s�tt� .:_ =-rey i�_rsc.r a=>._EaS1E rov2scd: 2�f2,^.S16s 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 c Application that relate to this proposed project. Please Include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. () Is the docking facility/marina: Commercial ❑Public(Govemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (1) Number O (III) Length r &5-:Op r (Iv) Width .y, (v) Floating []Yes ®No e. () Are Platforms included? ❑Yes []No If yes: ((i) Number (g) Length — (iv) Width — (v) Floating []Yes []No Note: Roofed areas are calculated from ddpline dimensions. g.' (i) Number of slips proposed (i) Number of slips existing 1. Check the proposed type of siting: ❑ Land cut and access channel []Open water, dredging for basin and/or channel Open water, no dredging required (]Other please describe: k. Typical boat length: J in. () Will the facility have tie pilings? ❑Yes IgNo sra(e I-b nroo lile (11) If yes number of tie pilings? b. (I) Will the facility be open to the RYes []No d. (!)Are Finger Piers Included? [XI If yes: (ii) Number (iii) Length (iv) Width 5 r/ (v) Floating ❑Yes ®No I. () Are Boatlifts included? ❑Yes If yes: (i) Number (III) Length — (Iv) Width h. Check all the types of services to 1 ❑ Full service, Including travel lift maintenance service W Dockage, fuel, and marine sup ❑ Dockage (wet slips°) only, nun ❑ Dry storage; number of boats: [� Boat ramp(s); number of boat i ❑ Other, please describe: j. Describe the typical boats to be charter boats, sail boats, mixed — /G to 30' Ct S I-ee l Hit / t T1-a I. (1) Will the facility be open to the M.Yes [:]No her sections of the Joint ❑This section. not applicable feral public? is ❑No ❑No r provided. �ndlor rail, repair or of slips: _ (e.g., open runabout, b; F'54 Olt- oystek 5 Et�ooder� � 'leHs � So �y- public? LZ DOCKING FACILITY/MARINA OPERATIONS Whis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets - ❑ Toilets for patrons Number._; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. - d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of"No Sewage Discharge" signs proposed. ` (i) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design. if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of?' h. Give the number of channel markers and 'No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 9—of- rf DIC14 SIR-$ (ft(ACfUle5r Page 3 of49 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes VNo a. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. vegetation (SAV), shell bottom ❑CW ❑SAV ❑SB _ OWL ❑None I p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. VNo I 3. BOATHOUSE (including covered lifts) - JXThis section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Pdvate/Community (11) Number (iii) Length _ (Iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GRO/N (e.g., wood, sheetpile, etc. If a,mck groin„ use MP-2; FIrcavadon and Pill) DoThis section not applicable a. (1) Number (11) Length (iiD Width S. BREAKWATER '(e.g.,.v✓ood, sheetpile, etc.), . ;. whissecdon notapplioable a. Length o. Average ulbwilU 11.11. ,a,Y v. ,.. 111, c. Maximum distance beyond NHW, NWL or wetlands 6:. MOORING PILINGS; and BUOYS: Whis section notappllcable a. Is the slmcture(s): b. Number []Commercial ❑Public/Govemment ❑PrivatelCommunity c. Distance to be placed beyond shoreline _ d. Description of buoy (color. Inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present e. Arc of the swing _ 7. GENERAL , Y�.`Y'"J.t Jsa)ta -t9 �1.n Aj b`'iLYi ?]n,ri3 ny " +12 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. �f Docefh5fredwt'` �I�Cttng�l9�gF u�$fyegwr lbo'F'F uro � �o-u�v� 3'�Felati.r Note: For buoy ormoodng piling, use arc of swing including length of vessel. c. Widdth[off water body 'ern 1 r e. (i) Will navigational aids be required as a result of the project? DYes ONO [INA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 8, OTHER JgThis section not applicable a. Give complete description: Applicant Signature WAUF40RT COMM LMM PXCOFMS ROUTING 7ORtt7.,t.•—� Land A000rde Official Daft Mail to: NO REAL ESTATE TAX PAID Drawn by: R1712PG415 SPECIAL WARRANTY DEED Ernest Floyd Foster Shapiro & Ingle, L.L.P. 8520 Cliff Cameron Drive, Charlotte, NC 28269 FOR REGISTRRTION REGISTER OF. DEEDS Jennl far Leso tt Whitehursl February 26,r 2010 n03:23 47 PM Book 1712 Page 415-416 FEE: $22.06 INSTRUMENT # 2010000977 INSIRVhIENi 12010000977 If the initials of any Grantor or agent appear, the property includes the primary residences of at least one of the Grantors. (N.C.G.S § 105-317.2): Tax ID#: 07-009864 EXEMPT STATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS INDENTURE Made this _25th_ day of February , 2010, between Federal Natiodal Mortgage Association, hereinafter GRANTOR, whose address is 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254 and Ernest Floyd Foster, hereafter GRANTEE, whose address is 220 Loop Road, Belhaven, NC 27810 1 . The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Beaufort County, North Carolina and more particularly describeA as follows: Beginning at an iron marker in the southern side line of State Road No. 1727, which to Road and the Wilkins -Kirk Road, said beginning point being also the Western side line said beginning point part of the way with the ditch and second mentioned road South 8 at the northern edge of Wright's Creek; thence with the northern edge of Wright's Creel feet to an iron marker, a comer; thence North 13 deg. 5' East 295 feet to an iron marker State Road No. 1727 South 81 deg. 15' East 88 feet to Ore point of beginning, and bein€ "Hopkins Lot") on map entitled "Plan of Land Surveyed for Hubert S. Wilkins" by W.1 dated August 10, 1961, which map is of record in Map Book 15, Page 29 in the office ( Beaufort County, North Carolina, and being the same shown on map entitled "Property wife, Elizabeth Foster Kirk" by Blake C. Lewis, Registered Surveyor, dated July 16, 19 Property Address: 246 Loop Rd, Belhaven. NC 27810 d is also known as the Kirk )f another road; thence from leg. West 326 feet to a post North 65 deg. 10' West 121 in the southern side line of Lot No. 3 (also indicated as Duke, registered surveyor, 'the Register of Deeds of If Lynwood S. Kirk and TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. Pg, / 0� 2- aK1712PC416 And the Grantor covenants with the Grantee, the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. Federal National Mortgage Association, by and through its attorney iq fact Shapiro & Ingle, LLP i By: Wendy F. Neill Authorized i natory STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG On this Twenty -Fifth day of February, 2010, before me, the undersigned Notary Public, personally appeared Wendy F. Neill personally known to me to be, an Authorized Signatory of Shapiro & Ingle, LLP and being by me duly sworn and known to me to be the person who executed the within instrument on behalf of said Shapiro & Ingle, LLP, a company that executed and whose name is subscribed to the within instrument as the attomey-in-fact for Federal National Mortgage Association and acknowledged to me that he/she subscribed the name of Federal National Mortgage Association thereto as principal and the name of Shapiro & Ingle, LLP as attorney -in -fact for said Federal National Mortgage Association and that said Company executed the same as such attorney in fact and that the authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the Office of the Register of Deeds, County of Mecklenburg, State of North Carolina, on the Twenty -Eighth day of October, 2008, Book 24217, Page 756. Sand and m I seal. J r Jennife ': Wooten Notary is My Commission Expires: November 14 2010 09-114609 - JW ME pOTENc Caro1(na tt/t4/2010 py�°f` 8K1713Pc528 MAUFORT COUNTY LMM RECORDS ROUTING FORK 243sy� ° '�.o'-1V Land Records Official Date Prepared by and return to: MISA B. RAYNOR, PA PO Box 9 Belhaven, NC 27810 TAX PARCEL: 0 7-005182 REVENUE STAMPS4 daDo FOR REGISTRATION REGISTER OF DEEDS Jennifer Lesselt Whilehurst Beaufort County, NO March 10, 2010 03:22:04 PM Book 1713 Page 528-529 . FEE: $22.00 NC REVENUE STAMP: $8.00 INSTRUMENT # 2010001209 II (IIIII I II II III II I II I I II The property does not include the primary residence of any Grantor. (NC GS § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF BEAUFORT WARRANTY DEED THIS DEED, made and entered into this thel11 day of March, 2010, by and between BEVERLY KIRK WATERS (formerly Beverly Lynn Kirk), and husband, WAYNE ANTHONY WATERS, of 773 Jones Bridge Road, Pinetown, North Carolina 27865, hereinafter referred to as GRANTORS; to ERNEST FLOYD FOSTER, of 220 Loop Road, Belhaven, North Carolina 27810, hereinafter referred to as GRANTEE. WITNESSETH: That the said Grantors in consideration of [hie sun. of TEN DOLLARS (a 10.00) and other good and valuable consideration to them in hand paid by said Grantee, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents, do bargain, sell and convey unto the said Grantee, his heirs and assigns, the following parcel or tract of land in the County of Beaufort, State ofNorth Carolina, and in Bath Township and more particularly described as follows: It being Parcel number Four (4) as platted on a map dated August 10, 1961, by W.B. Duke, R.L.S. which plat is entitled "Plan of Land Surveyed for Hubert S. Wilkins" of record in Map Book 15 at Page 29, Beaufort County Registry. This being the same property conveyed to Beverly Lynn Kirk by deed dated September 6, 1986 and recorded in Book 873 at Page 386 of the Beaufort County Registry. SAVING AND EXCEPTING from the above described parcel that portion of Lot Four (4)_previously conveyed to the grantee by deed dated November 27, 1987 and recorded in Book 888 at Page 675 of the Beaufort County Registry. n 16 f ,L aK1713Pc529 The Grantors covenant with the Grantee that they are seized in fee simple of the land above described and have good right and title to convey the same; that the same is free and clear of all liens and encumbrances, except ad valorem taxes for the current year, and they will forever warrant and defend the title to the same against all lawful claims and demands whatsoever. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and affixed their seals this the day and year first above written. � � d�•l l?,ICf ��5( CA (SEAL) RLY B WATERS (fka Beverly Lynn Kirk) (SEAL) `WAE�ANTHONY WA'IVRS STATE OF NORTH CAROLINA COUNTY OF BEAUFORT I, N\C\ Os-6 C V . C ��Q� y, a Notary Public, of the aforesaid County and State, do hereby certify that BEVERLY KIRK WATERS (fka Beverly Lynn Kirk) and WAYNE ANTHONY WATER, personally appeared before me this day and acknowledged the due execution of the foregoing Deed. y t1 WITNESS my hand and Notarial Seal, this the day of March, 2010.. '--'yYC6-L �- 44 ��II NOTARY PUBLIC My Commission Expires: A Ba i 0 2 5 P c 6 8�- -- — -- —---- - PREPARED BY; RODMAN, HOLSCHER, FRANCISCO & PECK, P. A., Attorneys at Law 130 E. 2nd St;, P. O. Box 1747 ;;NORTH CAROLINA Washington, NC 27889 BEAUFORT COUNTY Telephone: (919) 946-3122) •. IS QUITCLAIM DEED, made and entered into this the /dam day of.*, 1995, by BELINDA B. FOSTER (a/k/a LINDA FOSTER), Grantor, ,to ERNEST FLOYD FOSTER, whose address is: Route 2,Box 1980 Belhaven, NC 27810 Grantee;' N I T. N E S S E T B: That the Grantor, for and in consideration of the sum of One and no/100 Dollar ($1.00) and other good and valuable considera- tions to her in hand paid, has remised and released and does hereby remise, release and forever quitclaim unto the Grantee, his heirs and assigns, all right, title and interest of the Grantor, if any, in and to those certain tracts or parcels of land lying and being in the Beaufort County, North Carolina, more particularly described as follows: TRACT ONE: Lying and being in Bath Township, described as follows: It being part of Parcel Number Four (4) as platted an a map dated August 10, 1961, by W-.B. Duke, R. L. S., which plat is entitled "Plan of Land Surveyed for Hubert S. Wilkins," of record in Map Book 15 at Page 29, Beaufort County Registry, i; described as follows: Beginning. at iron pipe, Southwest corner, the common boundary between the land herein conveyed and the land of William L. Grimstead, running East Eighty (80) feet to a stake; thence running North i North-West 114 feet to a pine tree; thence running North 190 feet to Road S. R. 1727; thence running West 70 feet to stake, North corner of William L. Grimstead land and thence running South with William L. Grimstead land to the point of ECK. RANCISC, This being the same property conveyed to Ernest Floyd Foster and , & P.A.beginning. ft AN CIE00, k PECK. P. ArronNCvC Al' 1AP' wife, Belinda B. Foster by deed dated November 27, 1987 and recorded in Book WASWNGfON, N6 888, Page 675. Reference is herein made to the aforesaid plat and deed and the li same are incorporated herein for a more complete and adequate description of BEAUFORT COUNTY LA�,,D RECORDShe property herein conveyed. LR-FOft1�1OC1 #� ACCEPTE6 P✓� r W 3 I RODMAN, HOLSCHER. RANGISCO, P: PECK. P.A %ifIORNGVs HT u%W WAFM!!iG"foN, NQ sa1025686 i' i' TRACT TWO: Lying and being in Bath Township, described as follows: Beginning at an iron located in the Southern right-of-way of North Carolina State Road 1727 in the Northwest corner of the Lynwood A. Kirk lot; thence from said beginning point along the right-of-way of North Carolina State Road 1727, North 826 00' West, 110 feet, more or less, to an iron in the Northeast corner of the Edna Wilkins Lozon lot; thence South 020 24' 34" West, 31.39 feet along the Lozon line to an iron; thence South 02" 24' 34" West 226.09 feet through a canal and along the Lozon line to an iron; thence continuing South 02° 24' 34" West 23.60 feet to the high edge of the high water mark of Wright's Creek; thence across the mouth of the canal and along the high water mark of Wright's Creek in a Southwesterly direction to an iron in the edge of Wright's Creek; said iron being South 06" 12' 21" West 7.09 feet from an iron in the South- west corner of the Lynwood A. Kirk lot; thence from said iron, North along the Kirk line, North 07° 25' 23" East 274.91 feet to the beginning, containing 0.49 acre, more or less. Reference is hereby made to that certain map of survey pre- pared by Hood L. Richardson, R. L. S., on September 30, 1986 and recorded in Book 871, Page 327 of the Beaufort County Registry. This also being the same property conveyed to Ernest Floyd Foster and wife, Belinda Foster by deed dated September 19, 1990 and recorded in Book 931, Page 550 of the Beaufort County Registry. Reference is herein made to the aforesaid map and deed and I the same are incorporated herein for a more complete and adequate description ii of the property herein conveyed. j,', �—TRACT THREE: Lying and being in Richland Township, more particularly described as follows: Being Lot No. Twenty -Five (25) of the W. E. Miller Jordan Creek Subdivision as shown on a map of record in the office of the Register of '7 Eck Deeds of Beaufort County in Map Book 18, Page 96. This being the same pro- °j0 7 perty conveyed to Ernest Floyd Foster and wife, Linda B.foster by deed dated August 28, 1991 and recorded in the Beaufort County Registry in Book 945, Page II 259. Reference is herein made to the aforesaid map and deed and the same are incorporated herein for a more complete and adequate description of the pro- perty herein conveyed. I liTO HAVE AND TO HOLD the aforesaid tracts or parcels of land hand all privileges thereunto belonging to the Grantee, his heirs i�and assigns, free and discharged from all right, title, claim or I: il interest of the said Grantor, or anyone claiming by, through or i (under her. II , I pia o 3 oK1025Fc687 j; IN WITNESS WHEREOF, the Grantor has hereunto set her hand and I: ;adopted as her seal, the typewritten word "Seal" appearing beside 1�her name, this the day and year first above written. i i ''STATE OF NORTH CAROLINA ;COUNTY OF BEAUFORT JJO//Ld%/1Zy D ab (Seal) BELINDA B. FOSTER Before me, the undersigned Notary Public in and for the State and County aforesaid, this day personally appeared BELINDA B. FOSTER, and acknowledged the due execution by her of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the I /My !I .1 1i1.1i 11 My Commission expires: ,�/T 7 i Forth Oarolina rt+sY=jTur rvre a; c wp i'. • 9. 'li JC S 1' SY, P i.n 'i TCC�I..; a - • .� .,ti :_:� '-. 5 �.. T.aGll Gltl 3F!..'.' jJ'2t + V b+K �•• 10DVIAN. HOLSCHER. !ANCISCO, & PECK. P.A II ATTORNEYS AT LAW I, WASHINFTON, NC �I deeds/fists ENR/tt 6-22-95 a e Aid NOT A LAMA PERMIT NDDEFR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary December 17, 2012 Fosters Seafood Mr. Ernest F. Foster 220 Loop Road Belhaven, NC 27810 DWQ Project 1112-1029 Beaufort County Subject Property: 220 Loop Road, Wrights Creek Tar -Pamlico River Basin, Wrights Creek [TAR 07, 29-34-49; NSW, SA, HQW] Approval of 401 Water Quality Certification (GC3900) and Authorization Certificate per the Tar River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mr. Foster: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.027 acres of open water by shading and 0.006 acres of open water impact by fill for the purpose of construction of 12' x 20' boat ramp with paved approach, 5' x 165' dock around perimeter of manmade basin, 5' x 70 dock into Wrights Creek and 14' x 24' ice room (336 Square feet) within the riparian buffer at the subject property, as described within your CAMA Major application dated October 11, 2012 and received by the N.C. Division of Water Quality (DWQ) on November 7, 2012. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). This Certification(s) is issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct North Carolina Division or Water Quality Internal: WWwn0Waternualitv.0re 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27899 FAX 252-946-9215 NofthC�ay+rrfohna An Equal OpportunitylAftfrmallve Action Employer— 50°%Reeydedll0% Post Consumer Paper Altlll lift Ul Page 2 of 3 impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits) Plan Location or Reference Stream (feet) 404/CAMA Wetlands acres Waters 0.027 (acres) Shading 0.006 acres fill Application Buffers (square ft. 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 4. Buffer Impacts Review of aerial photographs show that current uses were existing and on -going as of January 1, 2000. Therefore, the area around the manmade basin is exempt from riparian buffers in accordance with 15A NCAC 02B .0259 (3)(b). Page 3 of 3 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar -Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259, If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Karen Higgens of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919-807- 6364. Sincerely, For Charles Wakild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Tracey Wheeler, Corps of Engineers, Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, WaRO DEMLR, WaRO File copy File:12-1029 To: From: Through: Date: Subject: Memorandum Doug Huggei`�� Steve Trowe David Moye 6 November 2012 Major CAMA Permit Application for Ernest "Floyd" Foster RECEIVE. NOV 09r, DCM•MIID CITV Enclosed is a Major CAMA Permit application for the proposed improvements to the Fosters Seafood property located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the community of Pamlico Beach near Belhaven in Beaufort County, North Carolina. Mr. Foster is proposing to construct a 12' wide x 201ong boat ramp, a 14' wide x 24' long ice room, a 5' wide x 165' long dock, enlarge an existing L-head platform to a final dimension of 5' x 40'and construct a 5' x 70' pier. The project site serves as a harbor of refuge for commercial fishing vessels ranging in size from 20' outboards to 70' long steel hull trawlers. This particular permit application is the result of no less than two onsite meetings to review the application package and one office review that lead to the return of the application package to the applicant. The plan view and cross section drawings are not the best. However, I feel that project reviewers should be able to overcome application package shortcomings. I am familiar with the site and am prepared to answer any questions that may arise. DCM staff in the Washington Regional Office has reviewed the project for consistency with the use standards as found in North Carolina Administrative Code 7H, specifically those found in 7H.0208, and 7H.0209 and have determined the project to be consistent. Therefore this office recommends issuance of the permit for the aforementioned development activities. A note or permit condition requiring a preconstruction notification of DCM staff needs to be a part of the standard permit conditions for pier/dock and boat ramp construction. �a✓Mwg/rw 161. 446e A.: ra4rS4l96 Aw ffl Ana 16P-f98-0111 REPORT OFSURVEY Name: Carl W. Foster Address S.R. 1727 (LoopRoad) Belhaven, NC I certify that this survey was done under my responsible charge in compliance with the Standards of Practice for Land Surveying (21-56.1600) for the purpose of verification of existing and set property corners on property South of S.R. 1727 as referenced to "Map of Property of: Ernest Floyd Foster by Ralph S. Jarvis, Dated Sept. 6.2011 recorded map not recorded in Beaufort County, North Carolina Register of Deeds. That before I performed the survey I examined the map by Ralph S. Jarvis Dated Sept 6 2011 as to the location of existing and set property corners as noted on map. That after examining the above referenced map and making a field survey on October 26 2011 and found all existing and set property comers to be in place as noted and described on referenced map. Upon completion of the survey, I discussed my findings with Carl W. Foster and completed a "REPORT OF SURVEY". All bearings are referenced to the magnetic as recorded in Map Book 15, Page 29 as recorded in the Beaufort County Register of Deeds. This 26 day of October. 2011 QP SEAL y'�:9 '.� L-1546 i• . SURV�.•�,P .` REc�4D NOV 2 8 201? DcAf..AfroC17'Y Waskngton: 252-9+6-5+69 Fax 252-M-3736 N--5em: 252-2U9-0872 rR"SAIML TO: Carl W CLIENT NO.: Loop Road MAYO & ASSOCIATES PROJECT: Pamlico Beach JOB NO.: 2011-157 X ENCLOSED X AS REQUESTED I VIA US MAIL _ UNDER SEPARATE COVER _ FOR REVIEW AND COMMENT FOR YOUR FILE FOR APPROVAL ITEMS SENT: STATEMENT REPORT OF SURVEY COMMENTS: # OF COPIES DATED e 1 11-29-11 1 10-26-11 Enclosed you will find the Report of Survey for your project and an updated statement. Please remit payment as soon as possible. a Thank you for your business. BY: Dawn Maye COPY: File DATE: November 29, 2011 —This is a word processing form to be completed in Microsoft Word"' RECEnD NC Division of Coastal Management NOV 0 9 2012 Major Permit Application Computer Sheet (02/15/2010) Applicant:Hall,) t"Dale.1/5/2012 Project Site Cbyylty !C Project Name: I Date application "received as complete" in the Field office (EX: 1/8/2007): i^Art /n I Permit Authorization: CAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes No Photos Taken: Yes No❑ Setback Required (riparian): ElYes EINo Critical Habitat: ❑Yes No Not Sure 15 foot waiver obtained: ❑Yes PgNo Hazard ��ggtification Returned: ❑Yes 90 SAV: Yes Mo ❑Not Sure Shell Bottom: Yes Mo ❑ Not Sure Temporary Impacts: ElYes tNo Sandbags: Yes KNo ❑ Not Sure Did the land use classification come from county LUP:8Yes ❑No Mitigation Required (optional): ❑Yes jKNo Moratorium Conditions: ❑Yes o ❑NA EnvironTental Assessment Done: ❑Yes BNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) 29 Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) Ll Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) El (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 rivate w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 plied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 250 P3490 more than 1 acre - $475 ❑ Permit Transfer - $100 ublic or commercial w/ D&F to 1 ❑ Express Permit - $2000 can be applied - $400 El Major development extension request -lic or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 El III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :c 1.888.4RCOAST www.nccoastaimanagement..net revised: 02115110 NC Division of Coastal Mgt. Application Computer Sheet, case 2 of 3) Applicant: E/ilerST F r RECEIVED Date:11/5/2012 NOV 09 2012 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. DCM-MUDCITy TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work a Replace Maint ❑ ❑ Y RD N v New Work Replace _ -ALF Maint ❑ ❑ Y ON NewWorkjg Replace / Maint ❑ Pr� ❑ Y N _ New Work Replace Maint ❑ ❑ Y [kN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Applicatlon Computer Sheet, page s of 3 RECEIM Applicant: r` '; % Date: 11/5/2012 NOV 0 9 2012 IDCM-MIiD ctry Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other,. m Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ s Major Permit Fee Schedule, I QED I NOV 0 9 2012 DM-Mn MY DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not Involve he filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve he filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine ifA,B, C, or D below applies: Ill(A). Private, non-commercial development, HGeneral Water Quality Certification No, 3490 (See attached) can be applied: k$25O 100% ($250) 0% ($0) II(B). Public or commercial development, 'rf General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) CMIo4nlslle cypyy IBWi30]NI FOSTER'S SEAFOOD BUS. PH. 252-964-2411 220 LOOP ROAD 66-25&531 -9535 2673 C 27810 BELHAVEN N m *R . Ir•+y to Ilrc Date J' 11��1b!` 9G $ two SOUTHERN BANK 0533025 6i:512i1i477111■ 1���`�= Dollars er 2 6 73 ._. RECEIVED: NOV 0 9 2012 DCM-MfI c" prayNtt / arra)-r W- le--is -1 `LO 9 2012 Te 4.t�If 1�f y e6tjCerw DCM-MBDCrry ..Z' ernes f f%y� l=os7�� tea► c�pp y��� �v' ce, Q16 r CrLMA PerH,, t Te do Same repa tr &)crKgi6 ji�pr©ven,ekfs To In 54cd (3us;liess loca-fiv-dat a&ao l aq Rd; 6efh l/64 N, e, A61Wh Ms l=oAOS sEa- �ood,lisfed here-iti ; A beat ranmp %h Me,Veft/we5 cctneec4 m- kandQt1�e heaA or- Ca/la/ Cams I'_$b,n? off' f4 (°D �Atw;de by eta-ft!-onf lclb 0;. CDAC-PeAoh �-atna anei LoJe by 2.0 1�f !-c>n� we6g� From n 1he Ae r th c pu )(PCs e- c f iaunc h,"Vi f a rL d V c rve-✓I'A? baQf s 0-F % repa,►- exi.5htiq buon floe W,45� ",`de. care canal rep (ac, 3 ire, l c,h p)INY)IS and One- rum nLet- -/'urpo,Se cf` bu(Ke&d,`s to prc- en% C- vzr9i'oh 7a kcan41, TOafvh9S;de of .2 broken p;/,ngS �/!d To es<�end ex�'s't�'ng prCD� -rA E L , Ajaprox f to l'f Lomas fe'k(y Ito Tfj e ex is �i' h� e(CA s fe,- 6-1, p1`Ir'ngs 4arpo6s,0 reve)& boats Arow, Ca fc6„�q c�h�ley Joi er daw�ay,'�,� 7'o betfie� 7-/'e 44p 6 oQ f-S, 7o b u i rd a board-C4jal K c2- rouxd i- e l wimade ca�-oh Ne- easf side c P c^F1.ond From. exis h'nI covered deck 1`v !(c5-Pf �ArouNd c47"x 5`Afwt'ae bK R(,`nos. x 70 j,ong from ecl5i' ;de vy a Souikev y aiwe-(-ivr\ be7a-/-A o �g tAll-o T/e up beafs keaser h cce s s 7a bc9 fS. 7 e h lU l' U& /fie ROOM lq� tw:de by aq �1- ).©nl fors ore�ng ice �te �'urn�'sh lce"%sh�'� /�-be ts,7o /ce-.� ,� np, Gh. � 4"i;a--4f q SLY /( Wl in Lego p 13e d 20 September 2012 RECEIVED Mr. Steve Trowell NOV 0 9 2012 NC Division of Coastal management Dcx 943 Washington Square Mall �CI1y Washington, North Carolina 27889 Dear Mr. Trowell: Enclosed is a Major CAMA Permit application for improvements to my wholesale commercial fishouse known as Fosters Seafood located off SR 1727 at 220 Loop Road adjacent Wrights Creek near the Town of Belhaven in Beaufort County, North Carolina. My proposed improvements include pier and dock construction to increase access to boats unloading their catch as well as provide dockage between trips. The pier length and location avoids/falls short of the Federal Channel Setback located offshore of my fishhouse property based on the Kmz file found on the Wilmington District website for the US Army corps of Engineers. I also propose to construct a boat ramp at the head of the man made canal adjacent the fishhouse so that smaller commercial fishing vessels can be launched and retrieved on my property. Last but not least I would like to construct an ice room for the purpose supplying ice to commercial fishing vessels selling their catch to my business. I have sent a copy of the written application forms and a copy of all drawings to the adjacent riparian property owners certified mail return receipt requested. Attached are the letters and receipts along with a check for $400 dollars covering the application fee. If you have any questions please contact me at (252) 964-2411. Sincerely, �i�� f eK1712PG416 And the Grantor covenants with the Grantee, the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. Federal National Mortgage Association, by and through its attorney i, act t Shapiro &Ingle, LLP lU' 9l/11US By: Wendy F. NciII4 Authorized gignatory STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG On this Twenty -Fifth day of February, 2010, before me, the undersigned Notary Public,; personally appeared Wendy- F. Neill personally known to to be, an Authorized Signatory of Shapiro & Ingle, LLP and being by me duly sworn and known to me to be the person who executed the within instrument on behalf of said Shapiro & Ingle, LLP, a company that executed and whose name is subscribed to the within instrument as the attomey-in-fact for Federal National Mortgage Association and acknowledged to me that he/she subscribed the name of Federal National Mortgage Association thereto as principal and the name of Shapiro & Ingle, LLP as attomey-in-fact for said Federal National Mortgage Association and that said Company executed the same as such attorney in fact and that the authority to execute and aclmowledge,said instrument is contained in an instrument duly executed, acknowledged, and recorded in the Office of the Register of Deeds, County of Mecklenburg, State of North Carolina, on the Twenty -Eighth day of October, 2008, Book 24217, Page 756. V�I S t and and is I seal. Jennite : Wooten Notary is � j JENNIFER G Wpp My Commission Expires: November 14, 2010 n%K, 41�i:A1 NOTggy Pusuc TEJ\1 LMUnion Cptmy North Carott,;a y union sfon Expires 11/14/2010 r p9 7 of -2, FOR REGISTRATION REGISTER OF DEEDS BK 1 Jernifer Lesa,tt Whitahurst 7 1 2 PG 4 1 5 February 26,r2010n03:23 47 PM Book 1712 Page 415416 FEE: $22.00 INSTRUMENT # 2010000977 RDS SUOROUTING lf0R-�1 N y ROUTING RE Nov o IIIIIIIII1l"IIII�IIIIIIIi�llIIIII Land Raoorda Official sac„ 1NFRANI 12010000977 DCM-NiiiD CITv SPECIAL WARRANTY DEED Mail to: Ernest Floyd Foster 220 Loop Road NO REAL ESTATE Belhaven, NC 27810 TAX PAID Drawn by: Shapiro & Ingle, L.L.P. 8520 Cliff Cameron Drive, Suite 300 Charlotte, NC 28269 If the initials of any Grantor or agent appear, the property includes the primary residence of at least one of the Grantors. (NC.G.S. § )05-317.2): Tax ID#: 07-009864 EXEMPT STATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS INDENTURE Made this _25th_ day of _February_, 2010, between Federal National Mortgage Association, hereinafter GRANTOR, whose address is 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254 and Ernest Floyd Foster, hereafter GRANTEE, whose address is 220 Loop Road, Belhaven, NC 27810 . The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and shall include singular, plural masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged. has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Beaufort County, North Carolina and more particularly described as follows: Beginning at an iron marker in the southern side line of State Road No. 1727, which road is also known as the Kirk Road and the Wilkins -Kirk Road, said beginning point being also the Western side line of another road; thence from said beginning point part of the way with the ditch and second mentioned road South 8 deg. West 326 feet to a post at the northern edge of Wright's Creek; thence with the northern edge of Wright's Creek North 65 deg. 10' West 121 feet to an iron marker, a comer; thence North 13 deg. 5' East 295 feet to an iron marker in the southern side line of State Road No. 1727 South 81 deg. 15' East 88 feet to the point of beginning, and being Lot No. 3 (also indicated as "Hopkins Lot") on map entitled "Plan of Land Surveyed for Hubert S. Wilkins" by W.B. Duke, registered surveyor, dated August 10, 1961, which map is of record in Map Book 15. Page 29 in the office of the Register of Deeds of Beaufort County, North Carolina, and being the same shown on map entitled "Property of Lynwood S. Kirk and wife, Elizabeth Foster Kirk" by Blake C. Lewis, Registered Surveyor, dated July 16, 1969. Property Address: 246 Loop Rd, Belhaven. NC 27810 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. ry, I o� t sK1025pc687 <+ .RECEIVED NOV 0 9 2.012 DCM-MHD CITY IN WITNESS WHEREOF, the Grantor has hereunto set her hand and adopted as her seal, the typewritten word "Seal" appearing beside her name, this the day and year first above written. �[ILI, Y11 ) A �-40 C (Seal) BELI DA B. FOSTER STATE OF NORTH CAROLINA COUNTY OF BEAUFORT Before me, the undersigned Notary Public in and for the State and County aforesaid, this day personally appeared BELINDA B. FOSTER, and acknowledged the due execution by her of the foregoing instrument for the purposes therein expressed. 149+!-. /CIgJ. WITNESS my hand and Notarial Seal, this the PUBLIC My Commission expires: �/� �//9f2 North Carolina l Beaufort Cotmty, fi to of Tae lord--^ tifieB t^ `,r �r n� ....� ntca Poa r:9 in tms effice�a ar>ok //�3 41� 3z • 1T s &X—�daV a SirC N rota � vv sW Ira+d! IOOMAN. HOLSCHER. li $15 :���� ft* t "�� IANCISCO. & PECK. P.A. ATTORNEYS AT LAW WASHINGTON. NC deedslgcsls ENRItt 6-22-95 9 ROOMAN, HOLSCHER. 4ANCISCO, a PECK. P.A. A'll'ORNGVS AT U%W WA5HINGTON, NO Ba1025PG686 TRACT TWO: Lying and being in Bath Township, described as follows: Beginning at an iron located in the Southern right-of-way of North Carolina State Road 1727 in the Northwest corner of the Lynwood A. Kirk lot; thence from said beginning point along the right-of-way of North Carolina State Road 1727, North 826 00' West, 110 feet, more or less, to an iron in the Northeast corner of the Edna Wilkins Loion jot; thence South 02' 24' 34" West, 31.39 feet along the Lozon line to an iron; thence South 02' 24' 34" West 226.09 feet through a canal and along the Lozon line to an iron; thence continuing South 02° 24' 34" West 23.60 feet to the high edge'of the high water mark of Wright's Creek; thence across the mouth of the canal and along the high water mark of Wright's Creek in a Southwesterly direction to an iron in the edge of Wright's Creek; said iron being South 06'.12' 2'Y West 7.09 feet from an iron in the South- west corner of the Lynwood A. Kirk lot; thence from said iron, North along the Kirk line, North 07'.25' 23" East 274.91 feet to the beginning, containing 0.49 acre, more or less. Reference is hereby made to that certain map of survey pre- pared by Hood L. Richardson, R. L. S., on September 30, 1986 and recorded in Book 871, Page 327 of the Beaufort County Registry. This also being the same property . conveyed to Ernest Floyd, Foster and wife, Belinda Foster by deed dated September 19, 1990 and recorded in Book 931, Page 550 of the Beaufort County Registry. Reference is herein made to the aforesaid map and deed and the same are incorporated herein for a'more complete and adequate description of,the property, herein conveyed. `"—TRACT. THREE: Lying and beJOi Richland To more particularly i � described as follows: Being Lot No. Twenty -Five (25) of the W. E. Miller Jordan ki S Creek Subdivision as shown on a map of record in the office of the Register of Ii%.1t Deeds of Beaufort County in Map Book 18, Page 96: This being the same pro- '1-,o 7 perty conveyed, to Ernest Floyd,Foster and wife, Linda B.foster by deed dated August 28, 1991 and recorded in the Beaufort County Registry in Book 945, Page 259. Reference is herein made to the aforesaid map and deed and the same are incorporated herein for a more complete and adequate description of the pro- perty herein conveyed. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land ' land all privileges thereunto belonging to the Giantee, his heirs !and,assigns, free and discharged from all right; title, claim or interest of the said Grantor, or anyone claiming by, through or under her. 'Ov- o 713 D u25c685 R6CaIVED NOV 09 2012 DCM--AIRD crfy PREPARED BY; RODMAN, HOLSCHER, FRANCISCO & PECK, P. A., Attorneys at Law 130 E. 2nd St., P. O. Box 1747 NORTH CAROLINA Washington, NC 27889 BEAUFORT COUNTY Telephone: (919) 946-3122) n THIS QUITCLAIM DEED, made and entered into this the day of 4, 1995, by BELINDA B. FOSTER (a/k/a LINDA FOSTER), Grantor, to ERNEST FLOYD FOSTER, whose address is: Route 2, Box 1980 Belhaven, NC 27810 , Grantee; N I T N E S S E T H: That the Grantor, for and in consideration of the sum of One and no/100 Dollar ($1.00) and other good and valuable considera- tions to her in hand paid, has remised and released and does hereby remise, release and forever quitclaim unto the Grantee, his heirs and assigns, all right, title and interest of the Grantor, if any, in and to those certain tracts or parcels of land lying and being in the Beaufort County, North Carolina, more particularly described as follows: TRACT ONE: Lying and being in Bath Township, described as follows: It being part of Parcel Number Four (4) as platted on a map dated August 10, 1961, by W. B. Duke, R. L. S., which plat is entitled "Plan of Land Surveyed for Hubert S. Wilkins," of record in Map Book 15 at Page 29, Beaufort County Registry, described as follows: Beginning at iron pipe, Southwest corner, the common boundary between the land herein conveyed and the land of William L. Grimstead, running East Eighty (80) feet to a stake; thence running North North-West 114 feet to a pine tree; thence running North 190 feet to Road S. R. 1727; thence running West 70 feet to stake, North corner of William L. Grimstead land and thence running South with William L. Grimstead land to the point of RODMAN. HOLSCHER. beginning. This being the same property conveyed to Ernest Floyd Foster and RANCISCO. @ PECK. P.A. wife, Belinda B. Foster by deed dated November 27, 1987 and recorded in Book ATTORNEYS AT,-AW WASHINGTON. NC 888, Page 675. Reference is herein made to the aforesaid plat and deed and the same are incorporated herein for a more complete and adequate description of SEAUFMT COUNTY LAND RECORDS_he property herein conveyed. LR - FORA1001 # `%2 ? ACCEPTED Py, l o-P3 9-91713PG529 The Grantors covenant with the Grantee that they are seized in fee simple of the land above described and have good right and title to convey the same; that the same is free and clear of all liens and encumbrances, except ad valorem taxes for the current year, and they will forever warrant and defend the title to the same against all lawful claims and demands whatsoever. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and affixed their seals this the day and year first above written. IG-i i?,IG- (A S(—t -q (SEAL) BEAMLY KAZK WATERS (fka Beverly Lynn Kirk) 1� b I M I orybth Qpx 1( I SCi-hoka (SEAL) WWAYY E ANTHONY WATERS STATE OF NORTH CAROLINA COUNTY OF BEAUFORT I, v. Cla Notary Public, of the aforesaid County and State, do hereby certify that BEVERLY KIRK WATERS (1ka Beverly Lynn Kirk) and WAYNE ANTHONY WATER, personally appeared before me this day and acknowledged the due execution of the foregoing Deed. 'WITNESS my hand and Notarial Seal, thisthe day oSMarch, 2010.. NOTARY PUBLIC My Commission Expires: • G_ o -1 to3 . . P 5 1 on - R1713PC528 SEWFORT COUNTY LMW RWa" ttouTlNG FORK 2u7 ..and Records Official Data Prepared by and return to: MISA B. RAYNOR, PA PO Box 9 Belhaven, NC 27810 TAX PARCEL: 07-005182 REVENUE STAMPS:* S Ck-) 1tEC,$]t7FyD FOR REGISTRATION REGISTER OF DEEDS Jennifer Leggett Whitehursl Beaufort County, NC March W 2010 03:22:04 PM NOV 0 9 2012 Book 1713 Page 529-529 FEE: $22.00 NC REVENUE STAMP: $8.00 DQfdtR.ImcfTy INSTRUMENT # 2010001209 The property does not include the primary residence of any Grantor. (NC GS § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF BEAUFORT WARRANTY DEED THIS DEED, made and entered into this theCV' day of March, 2010, by and between BEVERLY KIRK WATERS (formerly Beverly Lynn Kirk), and husband, WAYNE ANTHONY WATERS, of 773 Jones Bridge Road, Pinetown, North Carolina 27865, hereinafter referred to as GRANTORS; to ERNEST FLOYD FOSTER, of 220 Loop Road, Belhaven, North Carolina 27810, hereinafter referred to as GRANTEE. WITNESSETH: That the said Grantors in consideration of tte sun. of TEN DOLLARS ($10.00) slid other good and valuable consideration to them in hand paid by said Grantee, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents, do bargain, sell and convey unto the said Grantee, his heirs and assigns, the following parcel or tract of land in the County of Beaufort, State of North Carolina, and in Bath Township and more particularly described as follows: It being Parcel number Four (4) as platted on a map dated August 10, 1961, by W.B. Duke, R.L.S. which plat is entitled "Plan of Land Surveyed for Hubert S. Wilkins" of record in Map Book 15 at Page 29. Beaufort County Registry. This being the same property conveyed to Beverly Lynn Kirk by deed dated September 6, 1986 and recorded in Book 873 at Page 386 of the Beaufort County Registry. SAVING AND EXCEPTING from the above described parcel that portion of Lot Four (4) previously conveyed 10 the grantee by deed dated November 27, 1987 and recorded in Book 888 at Page 675 of the Beaufort County Registry. F J ' 0 c pL Direct Query - Intranet - "Quick" Search Pagel of 2 j UNITEDSTdTES i +POSTdLSERVICE ??: Track/Confirm - Intranet Item Inquiry - Domestic Tracking Label: 7005 1820 0006 7229 ,1543 Destination ZIP Code: 27810 Origin ZIP Code: 27810-9998 Class/Service: First -Class Certified Mail Service Calculation Information Service Performance Date Scheduled Delivery Date: 09/25/2012 Weight: 0 lb(s) 2 oz(s) Delivery Option Indicator: Normal Delivery Rate Indicator: Single Piece - Letters Associated Labels CI{ r l i $ r- GU `Zmou t 7005 1820 0006 7229 1543 $2.95 7005 1820 0006 7229 1543 $2.35 Special Services Certified Mail Return Receipt City: BELHAVEN City: BELHAVEN State: NC , State: NC Postage: $0.65 Zone: 00 PO Bb)t?: N Event Date/Time. Location Scanner ID DELIVERED 09/25/2012 13:31 BELHAVEN, NC 27810 030SHAR224 Input Method: Scanned Finance Number: 360664 RecjtisCDeli,ery Record "� View Deli_tiery �ig8atue`a0d`Hcfdti<ss`,j �,(„� /�d� h d NOTICE LEFT 09/25/2012 12:38 BELHAVEN, NC 27810 030SHAR224 Input Method: Scanned ARRIVAL AT UNIT 09/25/2012 08:22 BELHAVEN, NC 27810 030SHAQ506 Input Method: Scanned DISPATCHED TO SORT FACILITY 09/24/2012 13:00 BELHAVEN, NC 27810 Input Method: System Generated Closeout Label ID: CT1438115000120924120320 OR PICKUP 09/24/2012 09:09 BELHAVEN, NC 27810 Input Method: Scanned Finance Number: 360664 u ■ Complete Rams 1, 2, and 3. Also complete item 4 It Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front If specs Permits- 1 . Article Addressed to: 79 J3elh����, n%C. �781a A. Signature 1116,e s. Begalved RECEIVED NOV 0 9 2012 DC:4f f� T� ro Ml�IA1 1 C. Daty of C %F!« Ttf I y�25// D. is delivery address different from Item 17 ❑ Yss If YES, enter delivery address below: uw 3. Service Type ❑ Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? 1(tre Fee) 0 Yes z. Article Number 7005 1820 0006 7229 1543 (TMsfer mom service MW PS Form 3811, February 2004 Domestic Return Receipt 1025e--M-M-1540 UNITED STATES POSTAL SERVICE • Sender. Please print your name, address, and ZI �' F/�yd Foy fir ��/tiadeh� IV,C, ;-781d box I I if If I ::u . , it : , , .,. ., m' 7 u7 rR Ir ru i ru r Postage $ `n p Certified Fee p p Retum Receipt Fee (Endorsemem Required) p ResMmed De livery Fee ru (Endorsement flequired) CD Iq Total Postage & Fees rr i 07� Postmark Hem o9n412012 in p o p ... . .......... No.; ar PO Boz No. )70: C(_( r tts d 7ei1Y[tc>Jr((\in 5 16 5 400, Bell-0004 276- Io RECEIVED NOV 09 2012 DC!vI-MHD CITY i l k n$ L I-n es t Ftoyd FosheN hm ly;nn fat Q ��Inh Major Pei%1h t- to bit 141 blk&vy Pt' etd-e fr, hdiceCPn � t-a yeur aroperty Tire C _� 00 ecireoi�f s of 1-he gip+ ropn� ed weML care i n /i ,� r`�p,✓J/CriT,; � /1 � r m s crn � q r'a w r' ng $ , 1 am r&gC,0 reel to ,i✓e ; y y4 it 07' 7/1 e pfn-- f1DSPd g`evelDroment ,'n order tog-ilelvaii %7, opportt�n, y 7T® Commen-l-an thelpr4ec`t- AA04u/d,k4ou have 0ny0bjecl<<ahs or Com- 191 Nn fS ?`v T/1 s'5 ,1 noposa 1. ;Vole Ma ySen I 7hli in Ofifee'erp r l, ®aVi'd h4aye emF ahaCoaSfafMat�q�n �y3 Celaslirftens¢ Me wash, 'hyX A, A?, vL5 /Vd �1V►119E't!/ GUt f+Z ! yt 3a C&c/S 0 f/Q�il^ r eIP,`o� 0 r %61 'S `�or�/ C %i0 cv; l//h5 'Cf2CPc( Gts S. Pos800nly.;No rvice,. se !(Do 6TIMAILS RECEIPT Provided) mestic Insurance Coverage For delivery Information visit our website at www.usps=mo '.n rt- •'a. a r Q RECEn%D Pow 07 NOV 0 9 2012 Certified Fee O Pwenark O Retum Receipt Fee • Here O (Endorsement Required) DC O Restricted Delivery Fee E— 77,, � . /y O h •p�/+y/;'/.a's � f Rl (Endorsement Required) r It co �5.95 09/24/2012 r-i Total Postage & Fees $ Tl 4 0 6IJ r 78 '7 78! o o Poaa �e. -------------------------------------- Ca r k Wt i`e D.2te; Sept y� c�I''.L Ar, Fo s ILe Y Flo F©s)`APr Am qpp yi ng fora C11mA ,n1aj'0r Penn ;A to b(AtA 04164"ay vt-efc, hdjQcenf to Y6U Pr 0Pe l , The ?rop7-osedare ,n-t/hetplieei;'04r /rrm5 d--,Qraic�,rlf5, aL akh re¢u;r'ed 1-0 ftye yot1o)4 TTje Pra foSNd 0eULatCA vit-t r'n 6rder� %r ve yeU The oAp0/-f4k, y t® tomwrekff o;q T�4e 00roie�71 S�o�c��yocc have kyo6jFclroes O,~CDmrt en15 yo /taut' Se;rd rheAf celril'einy �O — �cav�cl r�oy� Cori /tlanf'e#1Qx7` y° was'l )!1y&m sq, r'We-// �as�lh9foh, W'C j a >C Ye u n/e) Co+hr-)ei1)" Lt)lthI'11 30 days ow V'eCeI' ;;`- 0 / T-b"' w;lf ,6'e &M5"G'QrQ2 F ©•�,� AID NCDENR Nov o 9 ?otz North Carolina Department of Environment and Natural Resources Division of Coastal Management DCiK Beverly Eaves Perdue Braxton C. Davis ESecretary ecret ary ay Governor Director Secret Washington Daily News PO Box 1788 Washington, NC 27889 7 November 2012 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 10 November 2012 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Melissa Sebastian NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 Thank you. Sincerely, Sherry Tyson, Secretary Division of Coastal Management ATTACHMENT Cc: File 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-&4811 FAX: 252-948-0478 Internet: www.nocoastaimanagement.net An Equal Oppmjnily 1 Afinnative Action Employer NorthCarolina Nwund.ff - L,Mw� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary 8 October 2012 Mr. Ernest Floyd Foster Foster's Seafood 220 Loop Road Belhaven, North Carolina 27810 Dear Mr. Foster: Enclosed is the Major CAMA Permit application submitted by you on 25 September 2012 for proposed improvements to your wholesale seafood business located off SR 1727 at 220 Loop Road adjacent Wrights Creek near Belhaven in Beaufort County, North Carolina. I have reviewed the application for completeness and have identified several items that must be addressed prior to accepting the application as complete and initiating application review. Overall The application package should include a narrative cover letter that describes the different development activities that you propose including the proposed boat ramp, dock and pier construction. The project description should state a purpose for each development activity. A copy of the deed for the project site is required in the application package. The written application indicates that you are doing bulkhead work but none is shown on your drawings. If the work is to repair the existing bulkheads, i.e. straighten bulkhead and replace tie backs, etc. then describe in your narrative cover letter. This type of aforementioned bulkhead repair is exempt from permit requirements and will not be a part of the written application other than described in narrative cover letter. Form DCM MP-4 page 2 is missing and in its place, on the back of page 1, is page 2 of Form DCM MP-2. The setback boundary off the Federal Channel offshore should be shown on your plan view drawing. The normal water level (NWL) should be labeled on your drawings. The waterbody and direction of flow should be shown on plan view. Water depths on the east side of the proposed pier should reflect the shallow shoal that exists in this area. The drawings need a title block that most importantly includes a drawing date. The 14' dimension on the proposed ice room is missing on the plan view. The proposed dimensions of the finger pier extension needs to be labeled 5' x 20' on the plan view. The roads are not labeled with state road numbers on the site location map. The cross section of the proposed pier and dock does not have any dimensions. The cross section drawings should be labeled NTS for "Not to Scale". 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Alfinnative Adon Employer ye NCarolina Naturally Mr. Ernest Floyd Foster Foster's Seafood 8 October 2012 Page 2 of 2 Items Form DCM MP-1 3. Please complete with project address and phone number. 5f. Give a value, in square feet, for total disturbed area. 5b. Repair work to existing bulkhead is not shown on drawings. 6. Application package needs a narrative cover letter describing project. Check DCM MP-2, 3, and 4. Form DCM MP-2 3. If you are proposing to replace a bulkhead, you need to complete this section. Form DCM MP-4 It appears that while photo copying the application forms, you have mixed Form DCM MP-2 with Form DCM MP-4. Page 2 of MP-2 is in place of Page 2 on Form MP-4. As a result there is no Page 2 for MP-4. Once you have completed the necessary changes and additions to the application package and resubmitted the package to me, I can continue processing your application. If you have any questions or concerns with the requested changes/additions concerning your application package please call me (252) 948-3854. I am available to meet with you and discuss the necessary changes described in this letter. Sincerely, Steve Trowell Coastal Management Representative Washington Regional Office David Moye — DCM, District Manager — Washington Regional Office Doug Huggett — DCM, Major Permits Coordinator, Morehead City Tracey Wheeler — US Army Corps of Engineers, Washington Regulatory Field Office I ti \ 1 TTTTT l.rt _�� NORTH CAROLINA '�C.•Af(; t�P♦`♦•• S.?. �7 dnuLs SCAU TORT COUNTY ...,"` s Pr, 1, Cv[lrN E . ROTC MOURY ►ueGl0.cEa>IRY'`=Tf, A RCOISTCRED LAND S.MICYom, I R pX 'V RICNAROS Y ' I L SCM ANY AK/LaRE] E!/OR "�MK!v7Y XtE DAY I AND ACRNOWLEDOCO THE M EXECUT'-ON OF T:LL F TRUM!Mi. WITNESS MY HAND E SEAL THIS SOT^ OAT 0► Rt• ,(959. /u/^ry ,♦. EV['LYN, 80r0, CDy N Li ;► S 1r0T •/ O � i`EF EPGNLeE5 - 0 8. 80f, P t67 ! ¢-7/�J 3 82p0o.00.. \�\ ry fit Cc IF C6�VED �� fir' �q L_... 1 ` so. LC N V[ A 2 tigrrrt'.1TY o V a M b o N ; ry fK�� 0 OhD b 9 W Q 1 F Q@ J Q / / h q• Q o o / C ^7' t Q y a y l f S6.9 o O SS _ / O / iip RECEft Nov 09 2012 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 26 October 2012. According to the said application submitted by Ernest Floyd Foster, applicant proposes to construct a 12' x 20' boat ramp in a man-made canal, a 5' x 165' dock around the perimeter of a man made basin attached to a proposed 5' x 70' pier into Wrights Creek, the applicant also proposes to construct a 14' x 24' ice room on uplands near the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina A copy of the entire application maybe examined or copied at the office of David W. Moye, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 29 November 2012 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Trowell, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3854 Please publish on: 10 November 2012 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Natura!!r" k RECMM NCDENR NOV 0 9 2012 North Carolina Department of Environment and Natural Resources DCM-MHDCrry Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary 7 November 2012 Fosters Seafood Mr. Ernest Floyd Foster 220 Loop Rd. Belhaven, NC 27810 Dear Mr. Foster: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1727 at 220 Loop Road adjacent Wrights Creek in the Community of Pamlico Beach near Belhaven, Beaufort County, North Carolina. It was received on 26 October 2012, and appears to be adequate for processing at this time. The projected deadline for making a decision is 10 January 2013. 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. If this agency does not render a permit decision within 70 days from the 26 October 2012, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. 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 mad right-of- way fronting your property, or at a point along the road right-of-way where a private mad would lead one into your property. Failure to post this notice could result in an incomplete application. 943 Washington Square Mall, Washington, NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet: www.nccoastalmanagement.net Noa rthCarolin An Equal Opportunity 1 Affirmative Action Employer Naturally ly Mr. Ernest Floyd Foster 7 November 2012 Page 2 h NOV 0 9 2012 1i An onsite inspection will be made, and if additional information is req&%OWJMAll 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. Sincerely, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Doug Huggett WARO r il(oi No MIA AMA PERMIT APPLIED FOR rwo seeV,- sXsV fndA� 73N.-I 11e�S IFS cia COMMENTS ACCEPTED THROUGH &9 nmito.,o 4r �cz APPLICANT: Nc a��tb �S2 G1(a�- a� u a5.1 C-� Y`6-?1%5�l DCM Coordinator: 62eyDk'i-, t Permit#: l3 MAILING DISTRIBUTION SHEET Permitee:�Gc,®dam DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington / Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WIRO) Joey White (WARO) Marine Fisheries: WON IZIi in Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: Wildlife Resources: LPO: Anne Deaton — Ken Pace e� Patti Fowler June Michaux Karen Higgins (Raleigh) John Hennessy (NC DOT) Amy Adams Al Hodge Kyle Barnes Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARD) Molly Ellwood (WIRO) Fax Distribution: Permitee Agent #:.