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HomeMy WebLinkAbout119-96 Sportsman's Pier Inc.Permit Class Permit Number NEW 119-96 STATE OYNORTH CAROLINA Department of Enviionmem t;�Ealth & Natural Resources and Coastal.itesources Commission y.�PCII�tt X Major Development-m" an Area bf Env_lronmental Concern pursuant to NCGS 113A'=i 18.'- - Excavation and/or filling pursuant to NCGS 113-229 Issued to Sportsman's Pier Inc.. c/o David G. Bradley, P. O Drawer 820, Atlantic Reach, NC 28570 authorizing development in Carteret County at Ocean beach_ off of 500 Money Is. Dr.. Atlantic Beach _,as requested in the permittee's application dated2/13/95, letter dated 5/24/96 & attached workpllan drawing for pier extension a dated revised 3/16/95. This permit, issued on '%— �\ — '- , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes only the pier addition and extension expressly and specifically set forth in the permit application and shown on the revised workplan dated 3/16/95. No other structures, whether floating or stationary, may become a permanent part of this structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2) The pier shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular into the water at the points where they intersect the shoreline. (See attached sheet for Additional Conditions) This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger' . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sportsman's Pier, Inc. ADDITIONAL CONDITIONS Permit #119-96 Page 2 of 2 3) Any reference to a deck addition to the pier house is hereby deleted in keeping with T15A NCAC 07H.0306(a)(1) and .0309(d) of the Rules of the Coastal Resources Commission. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure which may be caused from existing or future operations undertaken by the United States in the public interest. 5) The permittee must install and maintain, at his expense, any signal lights or signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on the authorized structure. 6) The permittee will maintain the authorized structure 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 structure without having the permit transferred to a third party. r Permit Class Permit Number NEW STATE OFNORTH=CAROLINA Department of Environment, Health & Natural Resources and- Coastal Resources Commission P�IIIt R Major Developmeni_in an _ A%i Environmental Concern pursuant to NCGS 113A-'118 ' , - _ Excavation and/or filling -pursuant to NCGS 113-229 119-96 Issued to Sportsman's Pier Inc.. c/o David G. Bradley, P. O. Drawer 820, Atlantic Beach, NC 28570 authorizing development in Carteret County at Ocean beach, off of 500 Mon= is. Dr.. Atlantic Beach —,as requested in the permittee's application dated2/13/95, letter dated 5/24/96 & attached workplan drawing for pier extension dated revised 3/16/95. This permit, issued on `�— — cA b is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes only the pier addition and extension expressly and specifically set forth in the permit application and shown on the revised workplan dated 3/16/95. No other structures, whether floating or stationary, may become a permanent part of this structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2) The pier shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular into the water at the points where they intersect the shoreline. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger . Scheeler, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sportsman's Pier, Inc. Permit #119-96 Page 2 of 2 ADDITIONAL CONDITIONS 3) Any reference to a deck addition to the pier house is hereby deleted in keeping with T15A NCAC 07H.0306(a)(1) and .0309(d) of the Rules of the Coastal Resources Commission. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure which may be caused from existing or future operations undertaken by the United States in the public interest. 5) The permittee must install and maintain, at his expense, any signal lights or signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on the authorized structure. 6) The permittee will maintain the authorized structure 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 structure without having the permit transferred to a third parry. Permit Class Permit Number NEW STATE OF,NORTH=-CAROLINA Department of Environm_e`rit Health & Natural Resources "--'and r� Major DevelopmenCh pursuant to NCGS 11: 30iirces Comnlssion 'rmtt;`r for.':' n Area of Environmental Concern _'\\_ = Jitn!.S';1)F. Excavation and/or filling --pursuant to NCGS 113-229 119-96 Issued to Sportsman's Pier Inc.. c/o David G. Bradley, P. O. Drawer 820, Atlantic Reach, NC 28570 authorizing development in Carteret County at Ocean beach, off of 500 Money Is. Dr.. Atlantic Beach , as requested in the permittee's application dated2/13/95. letter dated 5/24/96 & attached workplan drawing for pier extension dated revised 3/16/95. This permit, issued on `�— `� — Io , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes only the pier addition and extension expressly and specifically set forth in the permit application and shown on the revised workplan dated 3/16/95. No other structures, whether floating or stationary, may become a permanent part of this structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2) The pier shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular into the water at the points where they intersect the shoreline. (See attached sheet for Additional Conditions) This permit action may be appealed by the peimittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger . Scheeler, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sportsman's Pier, Inc. Permit #119-96 Page 2 of 2 ADDITIONAL CONDITIONS 3) Any reference to a deck addition to the pier house is hereby deleted in keeping with T15A NCAC 07H.0306(a)(1) and .0309(d) of the Rules of the Coastal Resources Commission. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure which may be caused from existing or future operations undertaken by the United States in the public interest. 5) The permittee must install and maintain, at his expense, any signal lights or signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on the authorized structure. 6) The permittee will maintain the authorized structure 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 structure without having the permit transferred to a third party. Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? .l3073V c. Will the project be for community, private, or commercial use? LGMrI�-JPc/q� City kmAl2 6 AF71Q1 State d. 9/9 7�- // Tap Day phone 1F,g 9.76 -Gk7t2 L,-'/ Landowner or . Authorizedagent b. Project name (if any) AF! ( D•✓ %ADD r- ;--&_x722V4 8/4!� c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number V J V,IEY iS44N0 0491—C b. Ci ,town, community, or landmark c. County !'41?7EXPF7 d. Is proposed work within city limits or planning jurisdiction? YE 5 e. Name of body of water nearest project A 09AI7-C PfFfIN 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Describe'the planned use of the project. A&IIA0 A— Ta PaRuc Ye;r Z 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract APP�x .i'7n � a' 1201 ^%A, b. Size of individual lot(s) 0 c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract SAAlo e. Vegetation on tract BEAM Gr£NN f. Man-made feature.; now on tract g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) _PDriservation Transitional ✓ Developed Community Rural Other h. How is the tract zoned by local government? RfSOR'T ernWM-W e /A/ i. How are adjacent tern cT sifred? a. Describe all development activities you propose (for j, Hasa professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? A-V If so, by whom? or pier). olMo(lz-4 oFc!{ an/ roP OF FX!_srirs �it�PH�Jtis47 Z1 ErrFT/a i FEB 1 5 1N5 .DATF�-Ib-q� 3/91 i�.:.. J—`� 1 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of uildings, facilities, or structures proposed O/✓ ✓c �i Mal, F � ErrE�D PIER b. Number of lots or parcels �IjQ c. Density (Give the number of residential units and the units per acre.) d. Size of area to be gradel or disturbed /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. If applicable, has a sedimentation and erosion control plan been submitted the Division of Land Resources? �p f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such aspavFm ent, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. J 1A 6;-P t 7t c En ✓ y�✓6E sor Tn znr%,l 5Mo� Oqq/ ✓t m. Water supply source A71'4.✓7-/, ,-N n. If the project is oceanfront development, describe the: steps that will be taken to maintain established public beach accessways or provide new access. F�TiRc PRaP�RTy /5 diPoy/ate z� Fa/r' P/r6c/� A<CE3s — 7VK5F "L /N1 E 1OFp 79 /.+ AP'1—ET//FSF �Acicir o. If the project is on the oceanfront, what will be the elevation abovp *++Pan sea level of the first habitable Poor? EY/s77✓G /o� vu 0,OFLA� �.�//�% �P 9F E�,fS'Tii✓/ �ic7f'y1J( 2-) � a o FT R6[ vF sF4 crvF� 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7), Access channel (MLW) or (NWL) Boat basin h. If applicable, has a stormwater management plan Other (break - been submitted to the Division of Environmental water, pier, Management?_ '/A boat ramp i. Describe proposed sewage disposal and/or waste rock jetty) water treatment facili �s. Fill placed in wetland or below MHW j. Have these facilities received state or local approval? Upland fill areas k. Describe existing treatment facilities. E.Y/mat' S iC TTI.YK GoR 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater!,7industrial/commercial effluent, "wash down")._!lUn/t%GFF/10/Y e-o7-9,_04TI ✓6 b. Amount of material to be excavate m below water level in cubic yards c. Typeofmaterial d. Does the area to be excavated include marshland, swamps, or other wetlands? N/A e. High ground excavation, in cubic yard/� 3/91 f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal If not, attach a letter granting pen owner. Will a disposal area be available maintenance? If so, where? c. Shoreline erosion during preceding 12 months, in d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water n from the f. Type of fill material j. Does the disposal area include any arshland, swamps*be or water areas? k. Will thrial be placed bel w mean high water? 1. Amoucubic yards m. Type oial n. Source erial o. Will filbe placed on m h or other wetland p. Dimense wetland to be tlled q. How will excavated or fill materiltl be kept on site and erosion controlled? r. What type of construction equi ent will be used (for example, dragline, backttre or hydraulic dredge)? s. Will wetlands be crossed in tra sporting equipment to project site? _ If yes, ex lain steps that will be taken to lessen environmen impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 7 b. Average distance waterward of mean high water or I normal water level 3/91 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out theproject. /JtEO Boob 401 PAGE p87 -44r,E*e-r fE6is7PY v c .0E--05 An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant (Contact the U.S. Arty Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that onnor unity. REVISED FE$J[-5 = JiP DATF�3-I.L_Q_- V� Name 4Rde,� /,Wm, -i e- Address �Or/ TiGFtIa�Y GiRCLc GA/Zn%.C. 9�Za!! Name 77?la�i1/ O�ATeAr/ric- BE-- Address P n '60Y /O ,47ZAn/176 16,1746H, N-C. Pe5/2 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, petmittee, and issuing date�-',,-h->lous s>ar `Y,a p a _Z- ,OE37??PY3L' PiE? 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. FnaA further 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 /V_- a 1- 99 Mr ✓0� �AHA ptrTM�r Oec;C/,�9_urr o� ✓ _* 7 -t- Ra Fes« A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-I to 10). lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the; '� day of LG�ris, d, 191`l.- Landowner or Authorized agent 3/91 DATE-3 I4, _q FEB 1 5 1595 ij I��Y i ■ Y ■ ■ rYaYY■■rr■■r■■■■■�Y■■■g■■■■■Y■®qq\■q■. IN ■ immoM■■\■■o"=SE■■.q. MENNMEN ..Mo■no■ ■■■ SIMON OEM n ■■■■■.■.■.■■1 ■M■ N . wIN .■. .gq.q...q\ :■==ME MlMillNllls ■ ■ ■ ■ NI N q■p■■ N\ q/.■ ■�N■ ■ //N�.N Igq N .q■ .■.■fit pull■■■ ■ ■ ■■ q 1 ■ ■Ems I■� ■ 1 MEgommms ■■N■ N.N ■■ �� .!■1\M\■ q:. 11'1'1� N. : 1 =■ a 1 Inns 0 ■ .q■:N� ■p� q=o■� EqM .111�■1 IC■ IN IN 1 MNMlIS NEWS WON MEN i■NONE EM 0 M� NUM .E .ppNM■Mq immm ■EEE0 MM ■ a ■ ME N �mmmm= gyp.■■■■■■q qq■■..\■■■q MEN ■.■.. I IS ■■q �1 Hq . 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V'y x `V� i �P •� SA�T7RERl-FD P/ L /Nr' SD f ,n �A� r 8ol.�'SI - X BRACE _-- Tllr GALY VPLTS y� �p X.7o HkA9 - T is GALY $JcrS /D 57R lll&,FRS X $ X a0 OECK1/VG- �X GX 1MAID RAIL POST — '/^ /.✓ frAlV L'UL'S a X HA/VD -RAIL _ aD ��L D/r!r (,Al Y TIC BETW°�t1 HEADER 4- STR1N �RS ALL L!1A!SEP SALT -l!2FATrO REVISED PRO�DSEQ AOtl i7ypn7 _ c1Q2'SSFGTIDN pnr-Ib q — SPo R T-S NIA N'S Pi �R ATLANTIC 13EAC H FEB-1 5 1595 Htl kj 7 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 August 22, 1996 Regulatory Branch Action ID No. 199502450 and State Permit No. 119-96 Sportsman's Pier, Incorporated ATTN: Mr. David G. Bradley Post office Drawer 820 Newport, North Carolina 28570 Dear Mr. Bradley: Reference your application for a Department of the Army permit to extend Sportsman's Pier an additional 40 feet and construct a 20-foot-wide, 150-foot-long "T" section on the Atlantic ocean, Atlantic Beach, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure �fCE vE0 AUG 26 1999 CUASIAL MANAGEMENT V. Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., Rm 7316 Silver Spring, Maryland 20910-3282 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 9 General Permit No. 198000291 Name of Permittee: General Public Effective Date: ggcust 5. 1996 Expiration Date: Auqust A. 2001 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES THAT RECEIVE PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF THE FOLLOWING AUTHORIZATIONS: A. COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT. B. PERMIT TO DREDGE AND/OR FILL. C. WATER QUALITY CERTIFICATION (SECTION 401, CLEAN WATER ACT). a. Applications for State and Federal authorizations will be accepted directly and simultaneously by both the North Carolina Division of Coastal Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps). Receipt of -a complete application by the NCDCM will initiate field review to include a site visit and preparation of an Environmental Consultant's Field Report. Receipt of an application by the Corps will initiate Federal review. Immediately upon receipt by the Corps, an application will be assigned an action identification number, acknowledged, and the appropriate Corps' Project Manager will examine the application to assure that it can be processed pursuant to this general permit. The applicant and the NCDCM will be furnished written notification of the Project Manager's determination. Notification to the applicant will include a brief description of the administrative process. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Quality (NCDCC) and the applicant will be j -2- informed regarding the applicant's need to obtain a Water Quality Certification in accordance with Section 401 of the Clean Water Act. b. The NCDCM Environmental Consultant's Field Report will be furnished by the respective NCDCM Regional Offices to the Corps. The Corps will provide copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) and the U.S. Environmental Protection Agency (EPA). Receipt of the Report will initiate the Federal Agencies' review. The agencies will be provided sufficient time by the corps, normally thirty (30) days, before their comments or recommendations, including any recommended modifications or conditions necessary to make the proposal acceptable, must be received by the Corps. Should the agencies not comment within the review period, it will be assumed they offer no objections. Extensions of time will be granted for agency review only if justified by unusual circumstances. If an extension is granted that would delay a NCDCM decision by the date on which an NCDCM decision must be made, the application may be removed from this general permit. C. The permit review process conducted by the NCDC4 is a public process involving public notices in local newspapers, public hearings and various public appeal procedures. To further inform the public, the Corps will distribute, at intervals of approximately two (2) weeks, an additional public notice listing those permit applications received and being considered by NCDCM and the Corps under this general permit since the preceding notice. The notice will invite, for not less than fifteen (15) days, public comments and/or requests for additional information and for public hearings. All comments will be considered in the overall State/Corps decision on a permit. d. This general permit does not, in any way, alter established procedures or responsibilities, as required by Federal laws, memorandum of agreements (MOA's) or administrative regulations with respect to the Corps' coordination with the review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. e. After Federal review agency comments are received, they will be reviewed by the Corps and a coordinated Federal position will be prepared and furnished to the NCDCM, in Raleigh, within forty-five (45) days after receipt of the State'Environmental Field Consultant's Report. The coordinated Federal position will include all conditions (including recommendations for denial) recommended by the Federal agencies unless a changed or omitted condition has the prior written agreement of the affected agency. f. In those cases where the Corps does not concur with conditions or recommendations of one or more of the Federal review agencies, no coordinated Federal position will be furnished to the NCDCM until and unless Federal agency agreement has been reached including, if necessary, entering the referral procedures outlined by current memorandum of agreements (MOA's) between the Army and respective agencies. The Federal review agencies will be provided a copy of the coordinated Federal position at the time they are furnished to the NCDCM. -3- g. If the conditions (including recommendations for denial) from the review agencies are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the Federal position to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal review agencies, the provisions of paragraphs e. and f. (above) will apply, including the procedures of the MDA's, if appropriate. If the conflict is resolved to the satisfaction of the Crops and affect review agencies, the NCDCM permit will be issued and the authority of the general permit will apply. h. If the conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the State action without inclusion of the Federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the State permit does not satisfy the Federal permit requirements and that the proposal in question may not proceed without Federal authorization. i. If the coordinated Federal position is not in conflict with State agencies' positions, law, regulation or policy and is otherwise acceptable to the NCDCM, a State permit will be developed by the NCDCM fully incorporating the State and Federal positions. Copies of the permit will be furnished to the applicant and the Corps. When required, a copy of the Section 401 Water Quality Certification will be furnished to the applicant and the Corps. Issuance of both the NCDCM permit and the NCDCC 401 Water Quality Certification, if required, must proceed validation of this general permit by the District Engineer or his representative. j. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that Federal authorization is denied without prejudice. k. No work may proceed under this general permit until and unless the District Engineer or his representative provides written validation that the procedures and conditions of the general permit have been satisfied. 1. Following issuance of a NCDCM permit, the project will be monitored by NCDCM-personnel and inspected for compliance with NCDCM regulations and procedures. Monitoring and periodic evaluation will also be conducted by Corps' personnel. If, any time, a violation of the NCDCM permit is discovered which would also have been a violation of the Federal position, enforcement action may be taken by both the NCDCM and the Corps in accordance with their respective regulations and policies. m. Any work performed in any area under the regulatory jurisdiction of the Corps of Engineers that does not comply with the terms and conditions of this general permit must have prior approval under the customary regulations administered by the Corps as found in 33 CFR 320-329. n. All activities identified and authorized by this general -4- permit must be consistent with the terms and conditions of this authorization. Any activity accomplished, but not specifically identified and authorized herein, may constitute a violation of Federal statute and result in legal proceedings as may be considered appropriate by the United States Government. a. All activities authorized by this general permit that involve the discharge of dredged material in waters of the United States will be consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pre-treatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and applicable State and local law. If the proposed activity involves the discharge of dredged material in waters of the United States, before the commencement of any work, the applicant will satisfy the North Carolina Division of Water Quality (NCDWC) regarding the need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. c. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within sixty (60) days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the work -site to a pre -work condition. d. The permittee must make every reasonable effort to perform the work authorized herein in a manner to minimize any adverse impact on fish, wildlife and aquatic resources. e. The permittee must perform the work authorized herein in a manner to minimize any degradation of water quality. The activity will be conducted 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 fifty (50) NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Water Quality (NCDWC), twenty-five (25) NTU's or less in all saltwater classes and in all lakes and reservoirs, and ten (10) NTU's or less in trout waters, are not considered significant. f. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. g.. This general permit does not convey any rights, either in -5- real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (LAMA) Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. h. Authorization provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five (5) years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. i. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. This general permit will not be applicable to proposed activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. k. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas that possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places.as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. - f -6- (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531). 1. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. M. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA28402-1890 REPLY TO ATTENTION OF August 22, 1996 Regulatory Branch Action ID No. 199603542 and State Permit No. 120-96 Mr. Andrew A. Midgett 113 Arendell Street Morehead City, North Carolina 28557 Dear Mr. Midgett: Reference your application for a Department of the Army permit to place fill material in 1,625 square feet of intertidal, non -vegetated wetlands for the purpose of constructing and backfilling a bulkhead, and construct a docking facility over 14,325 square feet of open water, in the Newport River, on Radio Island, in Beaufort, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure N RECE►VEO AUG 26 1996 GUAS IAL MANAGEMENT Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., Rm 7316 439 West York Street Norfolk, Virginia 23510-1114 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management orth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina. 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Morehead City, North Carolina 28557 �/Z�lAE/� ti---r�•i JCL[f/ Ol , UZ �_ N �z.E7CrH, N•�, �?ioaz OLDer ADCe7.7 .J V R I llJE7,.1PUnT- �/✓tom 4I //� L4 yrv,u � F W 1 LJO//ALClZkJj /fly Z8'/ol g661 9 0 M r�6)L�90-v7 c y -2rw1J40 JR. X Q/ i -7g ►�/yr�It/CJ "z2-1 (2/ Qi- �?r��T/�sr���C��� s�J. srcv�L , /'9�'.11r7 dW,� z/X,S 79e--7 - (swoa-a/1 CPS) -X'.) 'Ol, 9/ 6) 07 5x �vzjJ-35' rv�bll/ J7 w n n .. n • __ �w WF w x 'Nd 8 N J v EIZ GLc='�95�.5i9� nFl2da II xs ��We461-/-1��,az' I /� M. Y�%1-C 1. --///W�? �y�,�i`r C'2oss i1cC� �X S�'CES� w,g-mot/ �--�S72U✓�/!/f✓C�Z TD��• 2.�lC.t ��yj-Qr�7-D 70/9c' SY,o if HWM rn. S•29, _______�y.'{^``� PROP" I 'err AiQ o , I✓ - - \ Ak mw , GAL. Sum, \ y/(SE�- �m� , rSEE rANN DErA/L ,/ WOO GALDOSING v - m ••, o , PROPOSED 2 vH a o / , MANIFOLD , 2 PROPOSED Q i WELL ��� Q' \ r PTCRY LlNC / ,��Wl ,� 1 HW OEMOLISylE0 �' ,� a`�i i' O i El ,36 �6 h TURNED UP • ,�' ' ' ti �F Gi rAF CLEAN OUT N; ION++G we NfflF M?IFRKAT�VN LINES MITIFN! )GN I ES NIfIFRCATgN UMES r � O IP `'� ac 1 / , i�, Qr . , 2 SITE PLAN ll MAY 0 6 ;camII l f7 "¢O � MON hb"@Vmd 42.162100SHEEIS _ Made in U.S.A. ;� --41 L1ml;a S . pil mill.Vall ' I�o a a 1 �3 437 m -5 :S+r' .1 of — MAY 4 6 1906 I >. u �vUc t�i�C c,�Yrtf Fin/OGis/lt�lS 6 cif!'�Crf{�°�a�-r�� State of North Carolina Department of Environment, ,Health and Natural Resources • Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1:3 E H N FR Roger N. Schecter, Director August 12, 1996 Sportsman's Pier, Inc. cto David G. Bradley P. O. Drawer 820 Atlantic Beach, NC 28570 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, AjoParker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, N ft, C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/l0% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources 4 • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N FR Roger N. Schecter, Director August 13, 1996 Mr. Wally Courie Attorney at Law P. O. Box 339 Atlantic Beach, NC 28512-0339 Dear Mr. Courie: The purpose of this letter is to advise you of the final action taken by the Division on an application by the Sportsman's Pier. On May 24, 1996 Mr. Bradley requested his application be taken off of hold and that processing be concluded. The enclosed permit copy is for your infor- mation. Please note the deck addition has been deleted. Should there be any question on this matter, do not hesitate to contact this office or the Division's Morehead City office. Very sincerely, John .Parker, J Major Permits Processing Coordinator JRP:jr/aw cc: Ted Tyndall Enclosure P.O. Box 27687, 1 U FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Mf C An Equal Opportunity/Afflrmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper DIVISION' OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sportsman's Pier, Inc. 2. LOCATION OF PROJECT SITE: Carteret County, Town of Atlantic Beach, at 500 Money Island Drive, adjacent the Atlantic Ocean Photo Index - 1989: # 3 158 12; indexed by Q,R,S,T-11 1984: # 34 1471; indexed by Q,R,S,T-17 State Plane Coordinates - X: 2678300 Y: 347700 Beaufort Quad - UL 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/7/94 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 2/15/95; Complete - 3/16/95 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Iand Use Plan - Town of Atlantic Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: PT,EW,OH (C) Water Dependent: Pier extension - Yes; Deck over pierhouse - No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic tank and field Planned - None (F) Type of Structures: Existing - Pier, pierhouse with tackle shop and cafe, and parking lot Planned - Extend pier and add a deck on top of pierhouse (G) Estimated Annual Rate of Erosion: 2' Source - Long Term Average Erosion Rate Updated Through 1986 (NCDCM) 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Other - EW and PTA Deck Pierhouse on Public Beach 4,200 ft2 2,000 ft2 (D) Total Area Disturbed: 4,200 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Open: Yes 8. PROJECT SUMMARY: The applicant proposes to extend the Sportsman's Pier farther out into the Atlantic Ocean by adding a 40' section and a 150' by 20' "T" at the waterward end. The applicant also proposes to construct a 50' by 40' deck on top of the existing pierhouse. I FIELD INVESTIGATION REPORT: SPORTSMAN'S PIER, INC./CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting Sportsman's Pier, Inc. with David G. Bradley serving as President, owns approximately .70 acres adjacent to the Atlantic Ocean at 500 Money Island Drive in the Town of Atlantic Beach, Carteret County. The site is characterized by an approximately 1,000'-long by 20'-wide ocean fishing pier, an attached flat -roofed pierhouse with tackleshop and cafe, and a graveled and paved parking lot. Immediately to the west is a 20'-wide public beach access owned by the Town and to the east is a private beach cottage. Approximately 900' down the beach to the east is the similar length Oceanna Fishing Pier. The high ground portion of the property is bulkheaded and/or rocked along the 270' width and is consumed by the parking lot. The bulkhead approximates the location of the first line of stable vegetation and the pier building and fishing pier are located seaward of the bulkhead. Both structures existed on the property prior to CAMA. In the past, the USACOE has conducted several beach renourishment projects in the area. Although some vegetation has been planted or has naturally volunteered in the area seaward of the bulkhead, it is not considered stable. The shoreline erosion rate in the vicinity is approximately 2' per year. The pier building is located over the beach and is within the Ocean Erodible and High Hazard Flood Areas within the Ocean Hazard AEC. The fishing pier is located partly over the beach and is also within the Ocean Erodible and High Hazard Flood Areas of the Ocean Hazard AEC. The fishing pier is also located partly below the mean low water line of the Atlantic Ocean, thus is within the Estuarine Waters and Public Trust Area AECs. The existing water depth at the waterward end of the pier is approximately 14' and with the proposed extension according to the applicant would remain at approximately 14'. A CAMA Major Permit (#26-86) was issued to the applicant back in 1986 authorizing the applicant to reconstruct approximately 250' of the pier that was destroyed during a storm. This project was completed. In 1989, the applicant applied for a CAMA Minor Permit to expand an existing catwalk around the pierhouse to a width of no more than eight feet and was denied. After an appeal to the Coastal Resources Commission, it was ruled that widening the deck from four feet to eight feet did not constitute development as defined by CAMA, and the work was completed. In 1992 a CAMA Minor Permit Application for the construction of a deck and gazebo on top of the pierhouse was applied for and was denied for its inconsistency with the use standards for the Ocean Hazard AEC. FIELD INVESTIGATION REPORT: SPORTSMAN'S PIER, INC./CARTERET COUNTY PAGE N3 Project Description The applicant proposes to extend the Sportsman's Pier farther out into the Atlantic Ocean and past the "mud line" by adding a 40' section and a 150' by 20' "T" at the waterward end of the existing 1000' pier. In addition, the applicant proposes to build an uncovered 50' by 40' deck on top of the nonconforming existing pierhouse/tackleshop/cafe. The deck will have 42" high benches constructed around the perimeter. Anticipated Impacts The extension of the pier as proposed would result in the coverage of 4,200 ft' of Estuarine Waters and Public Trust Areas of the Atlantic Ocean. The driving of the pilings would result in construction -related increases in turbidity. The 150'-wide "T" may pose a navigational hazard to boaters as well as to the surfing interest in the area. In addition, the extension of the pier and the construction of the 150'-wide platform would probably cause additional "buffer" areas to be created around the pier. This additional buffer could potentially impact boaters, fishermen, surfers and swimmers in the area near the pier. As proposed the construction of the 50' by 40' deck would not increase the footprint of the nonconforming structure but would provide an additional 2,000 W of decking for the public/customers to eat/drink and view the ocean. M. Ted Tyndall - Morehead City Office - 5 April 1995 MEMORANDUM TO: John Parker FROM: M. Ted Tyndall /" SUBJECT: Sportsman's Pier CAMA Major Permit Application -- Atlantic Beach, Carteret County. DATE: June 5, 1996 Attached is a letter from Mr. David G. Bradley requesting that his CAMA Major Permit Application be taken off hold and a final decision on his application be made as soon as possible. As you may recall, the CRC made some recent changes to their rules (in particular 7H.0309(c)) involving water dependent structures in the Ocean Hazard Area. During the rule changing process, Mr. Bradley requested that his application be placed on hold. And although you will find my field recommendation (which was submitted before the application was put on hold) in the project file, the recent rule changes alter my recommendation. Consequently, I will forward a revised field recommendation to you early next week. A review of the file indicates that the application was accepted as complete on March 16, 1995 and placed on hold May 19 only 11 days before the 75 day deadline of May 30, 1995. This office received the request to take the application off hold on May 28, 1996. Consequently, we need to extend the review period an additional 75 days to allow both of us time to adequately review the file as well as to give me time to provide you with the new/revised field recommendation. Attachment cc: Charles Jones Jeff Richter - COE Uy Z21g0 414kc E�9fy 96 ro!r t. w 2 8 11g96 U %ll:lCS Vi�I:C C] N--Yrr-rr- rr�rr�rM�riNr Mr. Ted Tyndall P.O. Box 769 Morehead City, N.C. 28532 Dear Mr. Tyndall: 500 Money Island Dmre Atlantic Beach, NC Phone 919 726-3176 Fax 919 726-6872 May 24, 1996 Regarding my permit request to add on to my pier and complete a deck on top of the building which has been on hold pending development of pertinant regulations by the coastal Resources Commission, please activate this permit request in order to process it as soon as possible. Thank you for your prompt attention to this matter. Sincerely: Davi.G. Bradley MEMORANDUM �i✓ TO: John Parker FROM: M. Ted Tyndall SUBJECT: Sportsman's Pier CAMA Major Permit Application -- Atlantic Beach, Carteret County. DATE: June 5, 1996 Attached is a letter from Mr. David G. Bradley requesting that his CAMA Major Permit Application be taken off hold and a final decision on his application be made as soon as possible. As you may recall, the CRC made some recent changes to their rules (in particular 7H.0309(c)) involving water dependent structures in the Ocean Hazard Area. During the rule changing process, Mr. Bradley requested that his application be placed on hold. And although you will find my field recommendation (which was submitted before the application was put on hold) in the project file, the recent rule changes alter my recommendation. Consequently, I will forward a revised field recommendation to you early next week. A review of the file indicates that the application was accepted as complete on March 16, 1995 and placed on hold May 19 only 11 days before the 75 day deadline of May 30, 1995. This office received the request to take the application off hold on May 28, 1996. Consequently, we need to extend the review period an additional 75 days to allow both of us time to adequately review the file as well as to give me time to provide you with the new/revised field recommendation. Attachment cc: Charles Jones Jeff Richter - COE RECEIVED Jul 111996 COA fAL MANAGEMENT Di " MAY 2 3 ��`j1 �lULM-25 l l i f"'' U ��Hquw��•w1wuYYaKiR Mr. Ted Tyndall P.O. Box 769 Morehead City, N.C. 28532 Dear Mr. Tyndall: 500 Money Island Drive Atlantic Beach, NC Phone 919 726-3176 Fax 919 726-6872 May 24, 1996 Regarding my permit request to add on to my pier and complete a deck on top of the building which has been on hold pending development of pertinant regulations by the coastal Resources Commission, please activate this permit request in order to process it as soon as possible. Thank you for your prompt attention to this matter. Sincerely: `� / i50// DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSNHWAL/PROCESSING RECORD ("I A) APPLICANT: Sportsman's Pier, Inc. COUNTY: Carteret LOCATION OF PROJECT: adj the Atlantic Ocean @ 500 Money Island Drive, Atlantic Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: March 16, 1995 FIELD RECOMMENDATION: Attached - NO Tv4k-Forwarded - YES CONSISTENCY DETERMINATION: Atta6h&r;.NQJLT6` orwarded - YES FIELD REPRESENTATIVE: Ted Tyn APR 4 i�J5S T OFFICE: Morehead DISTRICT MANAGER REVIE MAN rEAW B) DATE APPLICATION RECEIVED IN FEE REC'D: $ o 6 PUBLIC NOTICE REC'D: NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: - �l 150 DAY DEADLINE: MAIL OUT DATE: —r C(� STATE DUE DATE: f S FEDERAL DUE DATE: 7_ FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 6 5 AGENCY DATE CONVENTS RETURNED OBJECTIONS YBS 'ENO NOTES Coastal Management Dist. Office Div. of Community Assistance _ Land Quality Section Div. of Env. Management �- S ✓�_ State Property office Div. of Archives & History _ Div. of Env. Health - - Div. of Highways 5 1— Wildlife Resources Commission Div. of Water Resources Div. of Marine Fisheries V MEMORANDUM TO: John Parker FROM: M. Ted Tyndall SUBJECT: Field recommendation on David Bradley's Sportsman's Pier CAMA Major Permit Application, Atlantic Beach, Carteret County. DATE: May 15, 1995 The applicant's proposal can be broken down into two separate components. One component involves the construction of an uncovered 50' X 40' deck on t= of the nonconforming pier house/tackle shop/cafe. The second component involves extending the existing pier by 40' and adding another "T" platform at the waterward end. First of all in regards to the construction of the 50' X 40' deck. This is essentially the same project that the applicant proposed back in April of 1992. At that time, the applicant proposed to construct a covered gazebo as well as the deck. That project (CAMA Minor Permit Application) was denied based on the following inconsistencies: 1) 15 A NCAC 7H.0306(a)(1)--which requires that development not otherwise specifically exempted or allowed by law... shall be located or setback according to the one of four applicable setback rules, and 2) 7H.0309(a)--which defines the types of development that can be permitted seaward of the oceanfront setback requirements of 7H.0306(a). The same rules still exist today and are applicable in this case. Therefore, I recommend denial of the permit for the 50' X 40' deck on top of the nonconforming pier house/tackle shop/cafe. Secondly, on the permittability of the extension/addition of the ocean pier. The ocean hazard setback rules as set out in 15 A NCAC 7H.0306 and 7H.0309 do not specifically exempt water -dependent structures such as piers from the setback requirements. And although the staff is currently drafting an amendment to the rules that would allow water dependent development beyond the setback line, there currently is no such provision. Therefore, I also recommend denial of the pier extension and platform addition. cc: Charles Jones Jeff Richter-COE State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: April 3, 1995 Kathy B. Vinson, District Planner Division of Coastal Management John R. Parker, Jr. Major Permits Processing Coordinator / A&4 �EHNF� CAMA/DREDGE & FILL Permit Application Review Applicant: Sportsman's Pier, Inc. Project Location: adj the Atlantic Ocean Q 500 Money Island Drive, Atlantic Beach Proposed Project: to extend the fishing pier and construct a deck with benches Please indicate below your office's position or viewpoint on the proposed project and return this form by April 24, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. cohj ns7i`s AAA1?0.1 I' - This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Sportman's Pier, Inc., Town of Atlantic Beach, Carteret County. DATE: April 25, 1995 The Sportman's Pier is located at 500 Money Island Drive, adjacent the Atlantic Ocean, in the Town of Atlantic Beach, Carteret County. The applicant proposes to extend the Sportman's Pier farther into the Atlantic Ocean by adding a 40' section and a 150, by 20, "T" at the waterward end. The applicant also proposes to construct a 50' by 40' deck on top of the existing pierhouse. AECs impacted by this project include Public Trust Areas, Estuarine Waters, and the Ocean Hazard AEC. Waters at the project site are classified as SB and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 1994 Town of Atlantic Beach Land Use Plan (LUP) Update and offer the following comments. The general area of the project is classified as Developed Commercial, while the AECs impacted are classified as Conservation. The Conservation classification is discussed on Pages III-2 and III-3. The Town of Atlantic Beach allows uses consistent with local zoning and the 7H Use Standards in Conservation areas, with certain exceptions, none of which appear to be applicable to this proposal.' Specific applicable policies contained in the LUP include Resource Protection Policies for Marinas and Floating Home Development. These policies address the construction of docks and piers and allow these structures, in compliance with the 7H Use Standards. Policies for Ocean Hazard Areas contained in this section of the LUP permit development as allowed by 15A NCAC 7H and local zoning and land protection ordinances. Resource Production and Management Policies for Residential, Commercial, and Industrial Impacts on Resources are discussed on Pages IV-9 and IV-10. These policies acknowledge the importance of estuarine waters and public trust areas and support the AEC regulations for development in these AECs. Support for state standards for development in AECs is reiterated on Page IV-10, Policies for Marine Resource Areas. 6 , .y Based on the above policies, Sportman,s Pier appears to be Atlantic Beach Land Use Plan requirements can be satisfied. CC: Preston Pate Charles Jones Ted Tyndall this project consistent with provided all proposed by the the 1994 Town of state and local PM State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 3, 1995 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator � FE F1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sportsman's Pier, Inc. Project Location: adj the Atlantic Ocean (a 500 Money Island Drive, Atlantic Beach Proposed Project: to extend the fishing pier and construct a deck with benches Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 24, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. �L This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED zadl %j& DATE 67t -It P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier dl 1-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper MEMORANDUM TO: John Parker FROM: David Taylor DATE: June 16, 1995 SUBJECT: SPORTSMAN'S PIER The Division of Marine Fisheries has no objection to the construction of a deck on top of the existing pierhouse at Sportsman's Pier if it is determined to be consistent with the use standards for Ocean Hazard Area of Environmental Concern. We are concerned, however, with the amount of public trust waters that will be affected by the extension of the pier and the addition of the T-section. North Carolina General Statute 113-185 (a) states in part that it is unlawful to fish in the ocean from vessels or with a net within 750 feet of an ocean pier when it is properly marked. Although few piers bother to mark their boundaries, if Mr. Bradley chose to, he would "control" access to 35 acres of public trust waters with the present dimension of his pier. With the extension of the pier and the addition of the T-section, that acreage controlled by Mr. Bradley would increase at the pier's end, not counting the area 750 feet seaward of the pier which is entitled to protection only if properly marked by buoys. In speaking with Mr. Bradley on June 15 he agreed to maintain the area in which he now has the right to exclude vessels and net fishermen from at what he presently has, should he decide to mark it properly. This satisfies the Division's concerns and with that agreement, it is recommended that the application be approved. To state the agreement for clarity, Mr. Bradley agrees to mark and expect to have enforced 750 feet from each side of his pier regardless of how wide the ends of the additional extended T are. All of this is probably a moot issue since the range markers required for enforcement of the 750 feet zone have never been erected. DLT:rrm RECFIV`g JUN 231590 Con... MANAGETKNT DEPAR MW OF ENYIRONMENx HEMM AND NATURAL SIE MRCEs MEMORANDUM TO: JOHN R. PARKER, JR. FROM: DAVID TAYLOR DATE: 22 JUNE 1995 SUBJECT: SPORTSMAN PIER EXTENSION CARTERET Applicant County Attached is the response to the above application. If I can be of further assistance, please let me know. gm /attachment(s) Wte of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 12, 1995 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator AV4•�' k EDFEE HNF1 SUBJECT: CAMA/Dredge and Fill Permit Application Review RECEIVED APR 171995 DIV. OF MARINE FISHERIES, APPLICANT: Sportsman's Pier, Inc. PROJECT LOCATION: Town of Atlantic Beach, 500 Money Is. Dr., Carteret Co. PROPOSED PROJECT: To extend Sportsman's Pier farther out into the Ocean. Please indicate below your agency's position or findings on the proposed project as it relates to . matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location ®r There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. 4-- It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed�iG% Date Y/ eZI?j- P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%p6st-consumer paper State of North Carolina Department of Environment, Health and Natural Resources • Division of Marine Fisheries James B. Hunt, Governor p E H N R Jonathan B. Howes, Secretary Bruce L. Freeman, Director 26 April 1995 MEMORANDUM e TO: John ParkerFROM: P.A. Wojciechowski/ SUBJECT: CAMA/Dredge and Fill Permit Application Review Sportsman's Pier, Inc. The subject application has been reviewed. The following comments have been provided for your information. The present Sportsman's Pier extends into the ocean farther than the adjacent pier. The addition of 60' farther into the ocean would increase the hazard to navigation and would usurp the public trust interest of the shadow area. There presently exists a 750' buffer zone on the side and water end of the existing pier. This extension would extend this buffer zone of this facility. The mud line, mentioned in the report, constantly changes with erosion and/or. accretion. Therefore, the extension of the pier would not change the fishing opportunities from the existing pier. Most people who fish from ocean fishing piers fish the surfline. I recommend that the extension of this pier be denied. This office has no objection to the addition of the additional decking, providing there is no additional fee charged for using the deck for eating, drinking, or viewing the ocean front. PAW /jjh cc: Mike Street cama\sportman P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper . .ti State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 10, 1995 �EHNF� MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director o APR 1995 Wildlife Resources Commission 6' RECEIVED Attn: Habitat Conservation Program g co "'sit ""m 9 v �0 FROM: John Parker, Jr. S ��'z i �£Q�; Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review \\ I APPLICANT: v Sportsman's Pier, hie. PROJECT LOCATION: Atlantic Beach, 500 Money Island Dr., Carteret County PROPOSED PROJECT: Extend Sportsman's Pier farther out into the Ocean. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 1, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. �i This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed �A%,�l Date // �T 9� P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director IUVMUVCCIMIQ1Dili uI TO: John Parker, Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: Franklin T. McBride, Manager Habitat Conservation Program DATE: May 1, 1995 SUBJECT: CAMA/Dredge and Fill Permit Application for Sportsman's Pier, Inc., Atlantic Beach, Carteret County. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fishery resources in the area. A site visit was conducted on April 25, 1995. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128). The applicant proposes to extend the pier farther out into the Atlantic Ocean by adding a 40 ft. section and a 150 ft. x 20 ft. "T" at the waterward end. The applicant also proposes to construct a 50 ft. x 40 ft. deck on top of the existing pierhouse. Waters at the project site are classified as SB and are opened to shellfishing. The primary adverse impact anticipated to result from the project is turbidity associated with placement of pilings. Elevated turbidity could induce water quality decline and stress marine organisms in the area, particularly during warm weather. Therefore ,we recommend that no construction be performed between April 1 and September 30. The proposed deck will not increase the footprint of the pierhouse. Thank you for the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919)927-4016. W W/fm cc: William Wescott, Coastal Habitat Coordinator Brad Hammers, District 2 Fisheries Biologist A//G/I-s- State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Health James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: April 3, 1995 A Oft Ms. Linda Sewall, Deputy Director Division of Environmental Health John R. Parker Major Permits Processing Coordinator -�;a� 5a� CAMA/DREDGE & FILL Permit Application Review CSportsmnn's Pier, Inc Carteret County, Town of Atlantic Beach, at 500 Money Island Drive, adjacent the Atlantic Ocean Proposed Project: To extend the Sportsman's Pier farther out into the Atlantic Ocean by adding a 40' section and a 150' by 20' "T" at the waterward end. The applicant also proposes to construct a 50' by 40' deck on top of the existing pierhouse. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 24, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPb This agency has no objection to the project as proposed. \J /This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date 5-A j5 5 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-2870 FAX 919-71 Fi3242 An Equd Opportunity Affirmative Action Employer 50%recycled/ 10% postconstmer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 3, 1995 MEMORANDUM: w TO: Robert E. Chandler, Director Divisii6d of-Communi y Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator /\A."A rL ID E= - N F1 REC� VEO APR 71'1995 LWrAt NT sg'DAPR 0 5 1995 DIVISION OF OASTALMANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: (7pportsman's Pier, Inc. Project Location: adj the Atlantic Ocean @ 500 Money Island Drive, Atlantic Beach Proposed Project: to extend the fishing pier and construct a deck with benches Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 24, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. � 9 SIGNED DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: &47t*A EDFEE HNF1 April 3 1995 P �D L�. (��n �v APR 0 9 5 1 95 TO: Mr. Charles Gardner, Director Division of Land Resources DIVISION OF COASTAL MANAGEMENT FROM: John R. Parker, Jr. Major Permits Processing Coordinator 2 SUBJECT: CAMA/DREDGE & FELL Permit Application Review Applicant: Sportsman's Pier, Inc. Project Location: adj the Atlantic Ocean @ 500 Money Island Drive, Atlantic � Proposed Project: to extend the fishing pier and construct a deck with benches Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 24, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: \ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A. DATE /g, /iic5— P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28567 Courier 111-12-09 Telephone 919-726.7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer paper State of North Carolina� Department of Environment !!!!�►JJJJ�� � 1� Health and Natural Resourc APR 0 5 1995 / • • Division of Coastal Management --- --- — ------------- James B. Hunt, Jr., Governor � Jonathan B. Howes, Secretary E:) E H N i1 Roger N. Schecter, Director April 3, 1995 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director < APR 0 5 1995 Division of Environmental Management FROM: John R. Parker, Jr. DIVISION F COASTALMANAGEMENT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review �' L tx, Applicant: Sportsman's Pier, Inc. a wC Project Location: ad' the Atlantic . Q 500 Money Island Drive, Atlantic cl Proposed Project: t" nd the fishing pier annstiuct a deck with benches Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 24, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: -"3 / This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE g4ll lei P-0 Fite P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper W State of North Carolina Department of Environment, Health and Natural Resources A1YA Division of Coastal Management James B. Hunt, Jr., Governor p E H N F I Jonathan B. Howes, Secretary Roger N. Schecter, Director April 10, 1995 MEMORANDUM TO: 5 6 , Mr. John Sutherland, Chief APR 17 1995 Ds Water Planning Section o z Division of Water Resources 1)IViS10I1 Of WATER RF�OUB M w e CES FR o� z John Parker, Jr. W �vG N � c � ` Major Permits Processing Coordinator O S ZI �t CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sportsman's Pier, Inc. PROJECT LOCATION: Atlantic Beach, 500 Money Island Drive, Carteret Co. PROPOSED PROJECT: Extend Sportsman's Pier farther out into the Ocean. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 1, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. C This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date' j r P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 10, 1995 �EHNIR MEMORANDUM it TO: Ms. Renee Gledhill-EarlyEnvironmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sportsman's Pier, Inc. PROJECT LOCATION: Atlantic Beach, 500 Money Island Dr., Carteret Co. PROPOSED PROJECT: Extend Sportsman's Pier farther out into the Ocean. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 1, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SignediyL1 L���=11(� L Date P.O. Box 27687. Rdeigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N Roger N. Schecter, Director April 10, 1995 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: 6S.Portsman 's Pier, Inc. PROJECT LOCATION: Atlantic Beach, 500 Money Island Drive, Carteret County. PROPOSED PROJECT: Extend Sportsman's Pier farther out into the Ocean. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 1, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY / This agency has no objection to the project as proposed. y This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the atta hed ents. Signed — Date P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 10, 1995 MEMORANDUM TO- Mr. Wallace R. Sherron, Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator /, *XWA 0-4 � on -A E:)FEE HNF� REC� -VEO MAY j 11995 COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sportsman's Pier, Inc. PROJECT LOCATION: Atlantic Beach, 500 Money Island Drive, Carteret Co. PROPOSED PROJECT: Extend Sportsman's Pier farther out into the Ocean. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 1, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY\ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the nts. �1 Sign a c ed commeK_ Date J P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF May 3, 1995 Regulatory Branch Action ID No. 199502450 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Sportsman's Pier, Incorporated, represented by Mr. David G. Bradley, for a Department of the Army (DA) permit to extend Sportsman's Pier an additional 40 feet, construct a 20-foot-wide, 150-foot- long "T" section and construct a 40-foot-wide, 50-foot-long deck above the pierhouse on the Atlantic Ocean, Atlantic Beach, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the permit plans. b. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure which may be caused from existing or future operations undertaken by the United States in the public interest. c. 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 structure. Use of the permitted structure must not interfere with the public's right to free navigation on all navigable waters of the United States. d. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on the authorized structure. e. The permittee will maintain the authorized structure 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 structure without having it transferred to a third party. f. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less are not considered significant. PriMatl w is RWJCW PaW I 4 -2- g. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. h. This permit does not grant any property rights or exclusive 8 ? privileges. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. Wallace R. Sherron, Director State Property Section North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603-8003 9 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTBNION OF April 17, 1995 Regulatory Branch Action ID No. 199502450 Mr. David G. Bradley Sportsman's Pier, Incorporated Post Office Drawer 820 Atlantic Beach, North Carolina 28570 Dear Mr. Bradley: On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 5, 1995, for Department of the Army (DA) authorization to extend Sportsman's Pier an additional 40 feet, construct a 20-foot-wide, 150-foot-long "T" section and construct a 40-foot- wide, 50-foot-long deck above the pierhouse on the Atlantic Ocean, Atlantic Beach, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should You begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199502450 and will be coordinated by Mr. Scott McLendon in our Wilmington Field Office. He is available at telephone (910) 251-4725. Enclosure Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished (without enclosure) John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMYrAPR10 WILMINGTON DISTRICT, CORPS OF ENGINEE P.O. BOX 1890 WILMIN/G�T.�O�N,, NeORT,AH/CAROLINA 28402.1890 NnERr���f /995 Regulatory Branch Action ID._/4f5L924� Applicant l7C Waterway ��� A,) County-d Mr. Larry Hardy National Marine Fisheries Service, NOAA - Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Fost Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ' Regional Office D vision of Coa al Management North Carolina Department of Environment, Health and raleL6 ra 7e,; u Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is encl sed. Your comments and/or recommendations would be appreciated on or before 4 Questions or comments may be addressed to Regulatory Branch, Field Office, telephone (4�10) Sincerely, a e Wrigh Chi Regulat y Branch Enclosure WALLY COURIE P O. Box 339, Atlantic Beach N.C. 28512-0339 ATTORNEY -AT -LAW April24, 1995 (919)-726-4376 Mr. Tyndall Division of Coastal Management Re: Application of Sportsman's Pier for A) extending pier in Onslow Bay and B) for deck over existing non -water related non -conforming pierhouse located on public trust beach. Dear Mr. Tyndall: With respect to the above -referenced application, I a landowner whose property is about twenty foot away from the Pierhouse, respectfully submit these comments: A) Extension of Pier. It is commendable that the applicant's plans for extension of his ocean pier stays away from and doesn't try to get in front of the Town's and his neighbor's oceanfront land. As long as the Sportsman's Pier Inc. stays in front of its own riparian land and observes a 15 foot setback from neighboring properties, I do not object to plans to extend the pier. B) Deck over existing non -water related non -conforming pierhouse located on public trust beach. I object in the most emphatic way to this aspect of the application. In fact if it is granted, please notify me so I can make a motion to intervene and appeal this decision. My objections are three fold: 1. The beach is a unique area visually. There is a 180 degree unobstructed field of vision. In fact all over Atlantic Beach there is this unobstructed vision except in the area of the Sportsman's pier. This obstruction is caused by a massive about 60 x 70 foot pierhouse on the public beach. Making this pierhouse bigger will aggravate this existing problem. Approval of this application will significantly reduce the value of my oceanfront property as well as the neighboring property for a half mile on either side of the pier. 2. The pierhouse is a non -water related use on public trust property, and therefore a nonconforming use within CAMA regulations. It is public policy that nonconforming uses be abated and not enlarged. Accordingly an approval of this application would be contrary to law. 3. The pierhouse is a nonconforming use within the meaning of the zoning ordinance of Atlantic Beach. It does not meet any of the setbacks for the RC zone. In fact, the beach is not even zoned, although the planning board made a proposal to institute an Ocean Recreational zone which prohibited not -water dependent uses. Accordingly this aspect of the permit should be denies because approval would be contrary to the zoning ordinance of the town of Atlantic Beach and the study of the planning board. Respectfully submitted, ally Courie Mq�Fo� O *9Ng06'�lq �'ti'T �1 ,DEC/l ON E�/3Ti�✓G F'i�? • . �o incrtr sP i n Fi�t�oil.�" • Oy incrttsv w� © 6 EA,-) . REVISED DATE 3-1 I. -Q FEB 1 5 1"4j r fif t I I L T�--r ~T � j11�+ —r I 1 -T �I k I i r I� r - TIT ri 1I --f t l I r - i -f F - -1-it", r E f I r tI it th l 11-1 1 I +' - r r� 14t _ rj- r +— 1 11 �I 1 1 L 1, f 'i t',?i +-I- I i- I I -' -'_.1- I'#j+l 1 r I� t�- rT{ + 1 r,�'I 1 t `j_ a � i -• I-; -t 1} 1 I_ lIL f ,I tl -� I ++� -I. -� •_ -t ,.t , I 11 r I I �..1� III t t I I� !I•lalll �1 - {�- t t-'-t r fit++ T[ I i t1 I- I ' i r :H � -- - —11'T: l Lii + i - - r } QFG/( On1 eW)179A+,- P/Sre - cRaS6FG77D�1 l 3-/S-92,57� e-D.iar4144iJS foleX ;mob' REVISED DATE-3 — L WJ1 7 1 I11# 11 1 -l� FEB 1 5 1M f=, of —..... ...... ....... = s>torn y$,„ '`.., S I 93� otl eDS� b Ilk o t al of 4 IV �M.d�oa� a� as�avwi oa . in 0* X dsnoy�i o� i�� s iYo uo �a t rl /d bY✓ od S 4 _G6-s/-F- MAY 2 2 1W May 19, 1995 Sportsman's Pier, Inc. P.O. Drawer 820 Atlantic Beach, N.C. 28512 Mr. Ted Tyndall CAMA P.O. Box 769 Morehead City, N.C. 28557 Ted: Per your advice in our phone conversation of yesterday, please Place my application for a CAMA permit (dated February 1995) on hold pending resolution of the rule changes affecting my project. Thank you for your assistance regarding this matter. David G. Bradley State of North Carolina Department of Environment, Health and Natural Resources 4 k Division of Coastal Management James B. Hunt, Jr., Governor 1k Jonathan B. Howes, Secretary ID E H N R Roger N. Schecter, Director Mr. David G. Bradley March 16, 1995 Sportman's Pier, Inc. Post Office Drawer 820 Atlantic Beach, NC 28570 Dear Mr. Bradley: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 500 Money Island Drive adjacent the Atlantic Ocean on Atlantic Beach in Carteret County, North Carolina. The revised application was received on March 16, 1995, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 30, 1995. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cordially yours, —Al M. Ted Tyndall Field Representative MTT/dh Enclosure cc: John Parker Charles S. Jones P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier Ill-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper CO Cp L Q E `o LL a Z 054 916 137 Receipt for Certified Mail No Insurance Coverage Provided o.s Do not use for International Mail (See Reverse) Snt o . jPO4kT,6 St re t and No or P. S ate and I Code 75"2 Postage CaY1=6 ea I (�v � Slaecul Delivery Fee Restricted Delivery Fee Return Receipt Showing fLl to Whom 6-2amwilli IL Return eip ham Det ne Ad ressee T AL Postage & ers 1F tmat � ry STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES hin a treat) 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach and retain the receipt, and mail the article. a. D YoX wkdti j rj%Ln receipt, write the certified mail number and your name and address on a reborn receipt card., 3811, and attach it to the front of the article by means of the gummed ends it space permits. se, affix to back of article. Endorse front of article RETURN RECEIPT REQUPTED,' adjacent jo the number. 4. It yore yhnt deliverpt �iricled to the addressee, or to an authorized agent of the addressee, endoru R46TRICTE ELIVERY on the front of the article. 5.fees fez ih rmces requested in the appropriate spaces an the Irons of this receipt. If retara.LAgeipt eared, check the applicable blocks in item 1 of Form 3811. 6 Save this receipt and present it if you make inquiry. 105603-e3-19-0218 February 12, 1995 Sportsman's Pier, P.O. Drawer 820 Atlantic Beach, N. Mr. Bruce Broadwell 307 Tiffany Circle Garner, NC 27529 Bruce: Inc. C. 28512 As required by CAMA regulations, this is to notify you that we are applying to 1). Build a deck on top of the existing pierhouse and 2). extend the pier 60 feet and install a 150 foot "T" on the end. This is property is next to your cottage and is on Block "U" on Money Island Drive in Atlantic Beach, N.C. You have 30 days in which to comment on the project to the division of Coastal Management. The Morehead City Office address is: P.O. Box 769 3411 Arendell Morehead City, (919) 726-7021 1-800-682-2632 Street N.C. 28557 If you have any questions, please feel free to contact me at (919) 726-6116, 726-6872 or 247-5433 at night. Sincerely, REVISED David G. Bradley DATEZ--= — J FEB 1 5 1995 Z 054 9j6 136 Recelki Certified Mail -- No Insurance Coverage Provided a...n Do not use for International Mail .q .,>E.y�. (See Reverse) Sent 10 wn �•x � v P D ,Sate ano Z1P cone � A v pos" $ z Coto" We L) Special Delivery Fee Restricted Delivery Fee Rehm Recelm ale ivii�/ to WhoDelivllA{/ Q Return ceipt Showing to Wh Dale, AEd essee's TA d & F,c L l Post" *yam ?�4. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (tee front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier Ino extra charge). 2. If you do nol want this receipt postmarked, stick the gummed stub to the right of the return address of the•affjgle,�gc, detach and retain the receipt, and mail the article. ' 3. N You want A -return reL�fixwrite the certified mail number and your name and address on e return receipt card, Firm 385 Pnd attach it to the front of the article by means of the gummed ends it spacey�fi ahm�a, Other a to hack of article. Endorse front of article RETURN RECEIPT REQUE ,T,: NRacent to the irumber. .LT, r A. IY you wLnt 6iery resui d to the addressee, or to an authorized agent of the addressee, end RESTRICTED DELIVERY on the front of the article. 5. Enter feesTNfAW-Services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blacks in item I of Form 3811, G. Save this receipt and present it it you make inquiry. IOEW3-a8-B-02ta m Lh m m m m m O M 0 LL in a. Sportsman's Pier, ?.C. Drawer 32C Atlantic Beach, N. Mr. Don Holycross, Town Manager Town of Atlantic Beac_- P.O. Box 10 Atlantic Beach, NC 27512 4;� Don : Inc. C. 28512 A required by CAMA _ecu_atfons, e Y. .- e } ?:e rcr a. cent to _. c:.. _ - _S-ard L ey YCL nave 3^1 aays „ - .','^ of Ccastai Managemer�. _^e Morehead C'_' ;=v O_ce adareEs_ 769 --_ -_rer_dell •F.r awe ri City, (919) 726-7021 1-800-682-2632 ct, e e � s.C. 28557 If you have any questions. please feel free to contact me at (919) 726-6116, 726-6872 or 247-5433 at n_ct. E-:_,.-rely. . Oavic G. Bradley i✓,EVISED ,DAT"-&- J {e _ q_ — FEB 15 1995 MEMORANDUM TO: John Parker FROM: M. Ted Tyndall 1< SUBJECT: Revised Field Recommendation on David Bradley's Sportsman's Pier CAMA Major Permit Application -- Atlantic Beach, Carteret County. DATE: August 5, 1996 If you recall, I had previously submitted a field recommendation on May 15, 1995 where I recommended denial of both the construction of the 50' X 40' deck on top of the nonconforming pier house/tackle shop/cafe and the extension/addition of the ocean pier. But before a final permit decision could be made, the Commission began revisiting the setback rules for water dependent development. Subsequently, the applicant placed the application on hold pending final resolution of the rules changes. Since that time, the Commission changed their rules and more clearly defined two exceptions to the ocean setback rules. One of those exceptions is piers that provide public access (excluding any pier house, etc.). As I stated earlier, I recommended that a permit for the proposed deck on top of the nonconforming pier house/tackle shop/cafe be denied. And as you also may recall, the proposal was inconsistent with the setback rules in 1992 as well as in 1995 and remains inconsistent today. And since the development is not allowed under 15A NCAC 7H.0309(a)(1) and 711.0309(a), I once again recommend that the deck not be permitted. As far as for the extension/addition of the ocean pier, the revised rule which was amended April 1, 1996, now allows for certain types of water dependent development to be located seaward of the ocean setback requirements. 15A NCAC 07H.0309(d)(1) lists piers that provide public access as one such type of development. Consequently, I have no objection to allowing for the pier expansion with the following conditions: 1) This permit authorizes only the pier addition and extension expressly and specifically set forth in the permit application and shown on the revised workplat dated 3-16-95. No other structures, whether floating or stationary, may become a permanent part of this structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2) The pier shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpend' lar into the water at the points where they intersect the shoreline. RECEIVED cc: Charles Jones AUg 7 1.9 Jeff Richter-COE 00 MAC IrAL i !J DAZE 1 p r;•q4*n h �F7 Y a, e t r Y#Y>" 'rR�(*`ai 'i h 1.�'�}'1 rl! I x'43a•§.VP'r 4nf'w A - le, !-+"Fr"b`. a 14 { v v { # yK P •Tr �, aM a a ♦ d A .N� A ,i n'y }iit r •` . t*pd "H"F+ r t 4 3 a Aw i w4r �a k,�i J�e' +i y'q. k`y'4 ` N 1 q "' v "^4 � •" d+r+ "7{+ % ] � r r a !. §} " - k1,*sr '' w 4 A i- S' SY tr Y�',�*t ! pA i s.�� F +v x'i 1 1; �'; y - firr�§��r ,�$'Y' s i• ;n'aJ�'h 5 ♦ +', ,fir e.? ': '+i Y,`$+,i,.i 1, i'iAY^y.�+Y a",. ,€� { ' i.'g € « i'#At ! y p tti� r#Yyn ,fe,{ 'it,4a. p wy w S i -4 4. !'` N 1 `'t #F r ' •$' i� tl t` 7 .- f - t _ri _ 4 �• !. , t * y"aflydr �y t•�YS'�eY a ,r 'ff i'a ' �i, r 6Y.Q�tr #• + Ay t #}:+i'i♦.p il° €��i! ' � r;h F' 4 r',� 'e.`! �.. rac .`ito the aforesaid;uap, towthe South%.fst,-eo;ner,of 84dflot;�,said�¢the'nce • i.IF �d"�i*"1 v P W ` �. hM' Y t ^4 ] i"���� �+� ��fffffds "� 5 f '+yt4 t "Eastr$erl directionalong therSouth a#ofLotsone(1);,tr>�(2�� tt ,tiff`', a'rY�F fw u� .,A� w•¢[wY�Y' �A °Y .�#r�ja� "fw,'.Y.y,�ir M`.+yh,"u�01 1."5'�'SY �"a'MPii i" 1Yve' i5)attani*eix`"1oC4k,^U.") Moneyxlsland`;ta000rding.ti d T +A ;{ s a�foresa�id map, to the hit'of begin sandSincluding'the Sj$, . •## t r : `�YK�. '` a" � IA k€y'"'Kv v v � f l �<� '"1','� � ���♦�l �ti r °r r��,{w I �,�r �'Y �� f i,ayyEy Aging IPier'�yMlocated there1}on ands 6iCtendipgtinto the'At (antic 'Orc�Etev 1 'i^' - S .fie i1'� tpq a'ew �i s.}`' ,hackle shop;locatedupon aaid#pretm�isea andrall amd singular-i `r wf,tY`{ ,• A, il1C # #`Y y <v,'? jciv i •.'! F k9` �' ♦ r r , s v ,' ? .k 4M" •, ..rr F 4x < €r a ,improv enty thereom. y"t'L,<#yt d' 'A Y 1,♦ �r11j1 r r i tr @4 a �Y t, y h t�! �', SW.6,144}y } °xt� .iMY r �' n r",'§'r'i° ♦ yi. ! � 'a Inraddition to `the property heretotore3deacribe� ii ''qr a++'# "r • T..}' r �;`R Sr}r S "i.. jxrfyya§"F.'vi, f"rYi ey -r A „ r S 'i.#.. i, •xtikt# .f� yr t is, understood�}andE ais ged{'�at�tat thevaame conveys a , `� r r Ya'tx�kiv; tt 4w,r Am. 1 . is $'•ss i. is ,]ittokal' ad ghta incident tto€ andW connected xlth,tkie oxaership, , F., Y .. .1 A ?ems I�, t r. • ^) k ,r .Y <i 1 .'iY ¢+ #. r # n. '4 { rr - w,.•tq ,�}} . r ?P$$:r r In r a ky "�"r gyr'A•° f # .rS .dx1 1•,.4 r € s '� 4 it' ,v" a 9sr."' , i x" 1 r fi ° • ilie }' } �- N , r # • '' .+c"i Mr+C 18nd 'T v J Y `• k J y , 9 p 1 '" A ilit �„i•v'"1Tract'Three ;tots, oI):5A (o (2), thr 'a, (3)°,r an '�v Money` Islan t-'16coY%Othe map therbb record t.#•e 1 eJ+' €'1:», , a�i Y,. ! �eLp " i f iS a 5 t " .'n^�� 1 8 '"., wSr-`#Y `4' 7tt yy-t r > r ,! r�''„xkf*€r#y .•'dl,l'y`. aIxw R "rY ]3 Ytv�t ,A� nrS -�E•d�r Sa '.�w.f 1,"page 96,°#and'?being he -same proper y�comreyed� ,Brantors #,wf VYf ry :w . rxw y,, a#$ d ryta W.X , �Fa a ,r} ;�., 'y"�� y Y'iay1""'.�>d ,v 4.4 ,4 a t+$'rC±�9;1'i' irals, $, .f € A ,! yr Y K ,yrr t C {..•r' Iu` r '-pager h , deed dated"pecamber 9; i19 8,trecarded+vint3Book T p e, r AR'•ii +a s+fi,dvy '�"' 1 Y'e" r-•. w.y tlikyY .ke to CY 'it( i'S" nlL t 3 Yy, 1 "P,,'iY ir ay i y,., t�#'r . iNkvr tr �4 v et r A.. •.lf , a, wsi;� i office�of the Registry of,�*Deedayot,Carteget County.r d '": r + ,�{ >~ 4p�'a, ?u ,a r. ,Y#Y�'+;�' ski A! f�'yr E'',;1�ia.tl�'{"�,,yie }�„Y'cN'Cpi * '•f''* h 5 1', ySxrly 't yR�#yt+��°,yvyrya•• s,' A� yi�54 r � �`'�' b $�rd:°jd`�b`�"' M�^F'vgf�4°;AiY" nSr tp r�Y hat, � . c• f 1` '..A..by° w � r TQ,.HAVELAND, TO HOLD ' the aforesaid"µtract yoF.parcel "o£ %1 y , J 1, n • i a" ii' 4� S W • ,•e r,� ,lY ,,a f r •` =t .. 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'#set atheirihandslcandseals;'4the day Lyea wPi tpabove xrli .�'"'`S {M'��i, .lf #�d .t w grgl '� $ i!* 7.rr'�i'. Qr y M`}}x11 4� hckyw n ,y. v�"r✓4 $�. ie sY°t}iert:WSEAL.e6 S ! r ° r ••� •r rr `� , y Y1 y i� j1 ' i y�f'wi ti } � 4 �_C -•, + }a _ iE w # a t ". S,,r" ., aia �,! d' ri ,t• €•" b aEd"€ fa..(SEAL)'� r ✓Z1 .:, r43' :-v pl .�,Yi• ♦h•4 '�.r r s '1 1w# r Rr:t r"Ss ).. r ` .'4 g •'iy it rnY -4r?-ro n S ,+•. y. Aral 4 t1,4 r 4 w + P tl # f #' tar u 7 irS1S J..�*r, x Cx '"rs�hh° if (••A °r-''yepM-95 { yy yf s r44^' ry§, l+,ci nT !q V'r`+ .Y.S Y : r r -.Y3," ,i ; Y >i �ry±•ti �7 ,laj,.- a i, 4 '7''�'i+ 'r r T'[iM -ryi PS i Y' } rt F y i ti- d"j yr iv.,F 4. r c,%M v4" r• w;. { �".ai "R i,� { 4 r c y 1 1, k a ♦ Y,h 3 'f ,, nl!" p�wK i v v st,.: ,•w. t '� , " •l 1 A y •R rYr '�.,hA } i 7 �. ♦`r giO„fi, ,{a e..•. 3 Y _.( $' xkYyC Rp♦ T 4 1, { S.� "�ud�.sY> 'l°f� ,9 t r.c ,i lflh r#d � A • �& 'YFt i� ,+ t iddh± � § '"'r.1 '"5 � Jri 3. .. �f�,s�Nw.,# .''' 'I'4"�t' �irt ��r.'.. .°.. aP..'�:'^"wA.Xi�Y:l'�'rc.C' �. a''"�.+..,, d. 44"�.'' wvf ✓Y��._�_...�.L',.'�'..."".:a! tl.w i g# fat0e-111E V NORTH CAROLINAh6 OARTERET COUNTY // ✓ THIS DEED, Made this .GYLG�� day of yj�,� , A. D. 1964, by Raymond L. Duke and Elizabeth H. Duke of Carteret County and State of North Carolina, parties of the first part, to Sportsman's Her, Inc., a North Carolina Corporation, with offices and principal place of business in Carteret County, North Carolina, party of "the second part;41 WITNESSETN's That said parties of the; first part in consideration of, Ten ($10.00) dollars and other good and valuable considerations to them 4 paid by the party of the second part the receipt of.which is hereby ack- nowledged, have bargained and sold, and by these presents do grant, bar- gain, sell and convey to said party of the second part its successors and assigns, a certain tract or parcel of land in Carteret County, State of North Carolina more particularly described as follows: On Bogus Banks: Tract One: Lots one (1), two (2), three (3), four (4), five (5), and six (6), Block "U", Money Island, according to the map thereof recorded in Map Book 1, page 96; and being the same property conveyed to Scott by deed recorded in Book 130, page 159, in the office of the Registery of i Deeds of Carteret County. Tract Two: Beginning `at the Southeast corner of Lot six (6), Block "U4, Money Island, according to the map thereof recorded in Map Book 1, page 96; and being the same property conveyed to Scott by deed recorded' in Book 130, page 159, all in the Registry of Deeds of Carteret County; and running from said corner in a Southerly direction along the line of the Southerly extention of the East line of Lot six (6), Block "U", according the map aforesaid, to the water of the Atlantic Ocean; thence in a Westerly direction along the waters of the Atlantic Ocean, approximately 150 feet i y to the point on the waters of the Atlantic Ocean that intersects the South- erly extension of the West line of Lot one (1), Block "U", Money Island, according to the map aforesaid; thence in a Northerly direction along the Southerly extension of the West line of Lot one (1), Money Island, according°' s m i, J,;A I , ILI jh'. "i q, I -y Illy. I r 1;4 Ir, sr I10 I NP heiv f.�, P% I � �kjw-; I .- 1: b )JI ell , ',I m