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August 31. 1998
Mr. Mickey Sugg
U.S. Amy Caps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: Magens Bay Permit Application
Action ID #1998=94
Dear Mr. Sugg:
REGULATORY
WILIMINGTON FIELD OFFICE
I am writing as a follow up to my letter to you dated August 19, 1998 and to your recent conversation with
Larry Baldwin regarding the above listed project. Due to the opposition to the project voiced by you and
several other agencies, the applicant has agreed to provide more mitigation through eh restoration of
-0.20 (9000 ft2)acres of wetlands and the preservation of -9.9 additional acres of wetlands near the
Bogue Sound Yacht Club in White Oak Township, Carteret County. The restored wetlands will consist of
the removal of a 30• road bed that currently exists on the property. This area will then be allowed to
naturally revegetate from surrounding sources.
This plan will mitigate to offset for the wetland loss at an overall ratio of 14.7:1 (area mitigated :
area impacted). Mitigation totals are 0.21 acres off creation; ?� �� o restored
ce��o trot, and 9.9 acres preserved
through conservation easement. The press
acceptable to the applicant and the corps.
Thank you for your assistance in this matter. If you have questions, please contact Larry
Baldwin or me. I apologize for not having this to you sooner but Hurricane Bonnie slowed down progress
a
last week. Please advise as to whether the proposal is accepts Y
M. Pettey
Wetland Scientist
` W. Mr. Lowell Fredeen. L Arden. Inc
;il
. I-"1.T-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS RECEIVE®
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 NOV 16 1998
INREPLYREFERM November 10, 1998
COASTAL MANAGEMENT
Regulatory Division
Action ID No. 199800294
Mr. Lowell Fredeen
L. Arden, Inc.
104 Club House Drive, Star Hill
Swansboro, North Carolina 28584
Dear Mr. Fredeen:
This letter serves to confirm the receipt of information dated August 31, 1998, regarding
compensatory mitigation for the construction of one (1) dam impacting a total of 0.44 acre of
Section 404 wetlands and the discharge of fill material in 0.45 acre of wetlands for the expansion
of residential lots in Magens Bay, adjacent to Bogue Sound (designated at this location as
Outstanding Resource Waters), in Cape Carteret, Carteret County, North Carolina. Also, please
reference my September 9, 1998, meeting with your agent, Mr. Larry Baldwin, concerning the
permit modification to remove the second dam from wetlands on the property.
As stated in our June 4, 1998, Public Notice, you have modified your request to minimize
wetland impacts on the property. This modification includes the removal of the dam located at
Lot 60 and 42 which will restore approximately 0.5 acre of wetlands. In my subsequent
inspection of the dam removal, it was noted that the entire dam had not been satisfactorily
removed from wetlands. As discussed with Mr. Baldwin, all of the fill material, eroded sediment,
and concrete spillover waterward of my established restoration line must be removed to original
stream contours and wetland elevations. Slopes must be stabilized with appropriate wetland
vegetation and all extracted material must be deposited on high ground. This restoration will
reduce total impacts from 1.39 acres to 0.89 acre.
Additionally, the modified plans include the creation of 0.21 acre of wetlands and the
planting of hydrophytic vegetation along the banks of the stream. At this time, no construction
plans have been submitted detailing the creation of wetlands, nor has a planting scheme been
discussed. This required information must be submitted to our office for review.
To compensate for the wetland impacts, you are proposing restoration and preservation
mitigation within a 9.9 acre parcel located in Bogue Sound Yacht Club Subdivision. This
palustrine forested wetland is part of a unnamed tributary that flows across Yacht Club Drive and
-2-
empties into Bogue Sound. Plans include the removal of a roadbed to original wetland elevations
and allowing the restored area to revegetate naturally. This restoration will reclaim approximately
0.2 acre of wetlands. The remaining 9.9 acres of jurisdictional wetlands will be preserved through
a conservation easement or may be deeded to a conservation group. In review of these plans, it is
uncertain if the 9.9 acres includes the 0.2 acre restoration area or if the area is separate. Please
submit a survey plat of the parcel showing the boundaries and the total acreage of the restoration -
preservation site. Please advise which conservation group will obtain ownership of the mitigation
site or what entity will be granted the conservation easement. It is our recommendation that the
mitigation site be denoted to the North Carolina Coastal Federation since they have received a
similar donation from you within this subdivision.
All requested information is essential in the resolution of our enforcement action and must
be forwarded to our office within 2 weeks of your receipt of this letter.
By copy of this letter, I am requesting that the agencies provide their comments regarding
the mitigation site and plan for this project (copy enclosed) within 2 weeks of their receipt of this
information.
If you have questions or comments, please do not hesitate to contact me at telephone (910)
251-4811.
Sincerely,
Mickey Sugg
Regulatory Specialist
-3-
Copies Furnished (with enclosures):
Mr. William L. Cox, Chief
Wetlands Protection Section - Region IV
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27687
Mr. Ted Tyndall
North Carolina Division
Coastal Management
Hestron Plaza Two
IS I-B Highway 24
Morehead City, North Carolina 28557
Mr. William Wescott
North Carolina Wildlife Resource
Commission
146 Chesterfield Drive
Washington, North Carolina 27889
Copy furnished (w/o enclosure):
Messrs. Paul Farley and Larry Baldwin
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
:'LANDS MAP
ND YACHT CLUB
RTERET COUNTY - NORTH CAROLINA
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SC -ALE: 1" = 300'
(Wetland Lines Paced)
JUNE - 1989
'ION (Not Flagged)
.NAGEMFN-r CONSULTANTS . I NC -
404 W1
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WHITE OAK TOWNSHIP -
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UPLANDS
El404 WETLANDS UNDER CORPS OF ENGINEERS JURISDICTION
(Flagged In Field With Pink/Black-Striped Ribbon)
TRANSITIONAL WETLANDS POSSIBLE CORPS OF ENGINEERS JURISD
47 Acres
as 30.1 P/tv F;11 T, a,. Rted As We-t/,*,4w,7 j
DMSION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A) APPLICANT: Magens Bay Subdivision/Lowell A. Fredeen COUNTY: Carteret
LOCATION OF PROJECT: off Hwy. 24, on Bogue Sound, @ the community
Subdivision, in the Town of Cedar Point 7 "--
DATE APPLICATION RECEIVED COMPLETE BY FIELD: March 15, 199 ~ 2s 966L
FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES M � � NAGEMfNt
CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES
FIELD REPRESENTATIVE: Jim Mercer
DISTRICT OFFICE:
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN SIGH: 3- 9 C FEE REC'D: $ a 5
PUBLIC NOTICE REC'D: =! END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: \�
APPLICATION ASSIGNED TO: wso� ON: A- _ -_:� b /
C) 75 DAY DEADLINE: �'zg -G9/6 150 DAY DEADLINE:
MAIL OUT DATE: — / STATE DUE DATE:
FEDERAL DUE DATE: FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY "- , DRAFT ON 14---c 6
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
_ Z
Div. of Community Assistance
_
Land Quality Section
`
Div. of Env. Management
V/
State Property Office
Div. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
Div. of Water Resources
�, )) `ql /.
/\ I �/
Div. of Marine Fisheries
S —
Ngc-Q,S.e_Sz_gb
MEMORANDUM:
TO: JOHN PARKER
FROM: CHARLES S. JONES
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT -
MAGENS BAY SUBDIVISION/LOWELL A. FREEDEEN, CARTERET
COUNTY
DATE: June 12, 1996
I conducted two site investigations of the project site with the
most recent one being on May 20, 1996. On both occasions the tide
has been low or falling which have allowed me to.visually consider
the impacts of the proposed boat ramp with the intertidal and
shallow water areas of the bay in which the development is located.
The intertidal and shallow water bottom areas adjacent to the ramp
are muddy and have scattered amounts of oysters growing along the
shoreline. The surface waters are classified as Outstanding
Resource Waters and are open to the harvesting of shellfish. The
application plat shows the end of the elevated boat ramp
terminating at the waterward edge of a border of coastal wetlands
which is vegetated primarily with juncus roemerianus. The plat
does not show however that a small area of spartina alterniflora
vegetation exist waterward of the proposed ramp. This marsh area
is small and appears to be trying to establish itself in the area.
Because of the location of the proposed ramp, the boat trailer will
either 1) remain on the wooden ramp or 2) the vehicle will remain
on the ramp with the trailer being extended beyond the ramp and
upon the wetland and shallow bottom areas. In either case it can
be expected that due to the lack of sufficient water depths,
significant bottom disturbance will be done when individual try and
launch boats in most tidal conditions.
I would therefore recommend that a permit for the proposed
construction of a boat ramp not be authorized based upon
inconsistency with Coastal Resource Commission rule 15 NCAC
7H. 0 2 0 8 (a) (2) (B) . This rule requires that we find that the
applicant has selected a combination of sites and design that will
have a minimum adverse impact upon the productivity and biologic
integrity of coastal marshlands, shellfish beds, beds of submerged
aquatic vegetation, spawning and nursery areas, etc. I do not feel
that the applicant has selected an appropriate project
design/location for a boat ramp which is to service a 123 lot
subdivision. Given the lack of water depths in the immediate area,
I'm afraid that prop wash would create excavation activities
impacting turbidity levels and adjacent shellfish resources.
CC: Preston Pate
Jeff Richter, COE
,...,.AF'R-26-1956 03:15 FROMDCM hIiJREHEAD 919 247 3330 TO DCM-RALEIGH P.01
l:
MEMORANDUM
TO: JOHN R. PARKER
FROM: JAMES L. MERCER
SUBJECT: COMMENTS & RECOMMENVAI'IONS
MODIFICATION REQUEST / PERMIT #
MAGENS BAY'StMD / LOWELL FREDEEN
BOGUE SOU14D / e POINT / CARTERET COUNTY
DATE. April 26, 1996
I have carefully reviewei `he proposed project plans and understand
that there has been obje..:ions raised by adjacent property owners.
I believe however, that the proposed boat ramp is consistent with
the general use st.indards for development in estuarine wa rs and
over coastal wetlands. Therefore, I have no obiections with the
issuances of the necessary modification to the existing Major LAMA
Permit. The following conditions seem appropriate to consider:
#1 Construction of the ramp on the west side of the pier will be
accomplished :.n accordance with the revised and permitted
workplat drawl?,; as dated
#2 No excavation permitted, and future requests to excavate in
�sys�o�c�iation w use of the boat ramp will not
- "-ram a �ava^+�A 110nr.s...., .
23 once the const,,.,ction has been completed, the contours of the
marsh must be returned to their pre -construction condition.
It is reconunenJed that sheets of plywood be place on the march
and utilized a�, working platforms.
#4 This permit authorizes no other construction or land
disturbance within 575 FT, of the Mean High Water Level. Any
changes in the project plans will require a modification of
the permit an-1 a reevaluat ,n by the Division of Coastal
Managenent.
#5 NOTE: They pet - itt.ee will maintain the authorized work in good
condition and ;n conformance with the terms and conditions of
this permit. The permittee is not relieved of this
requirement ;.: he abandons the project without having the
permit transfe.,red to a third -party.
cc: Charles S. Jones
Jeff Richter, COE
TOTAL F.ul
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:
March 27, 1996
Kathy B. Vinson, District Planner
Division of Coastal Management
John R. Parker, Jr.
Major Permits Processing Coordinator
/\ *:'
IDFEE HNF1
CAMA/DREDGE & FILL Permit Application Review
AP9I9��1/
MgNgsQ
�&H.rr �&96
k
Applicant: Magens Bay Subdivision/Lowell A. Fredeen
Project Location:, off Hwy. 24, on Bogue Sound, Q the community park in Magens Bay Subdivision,
in the Town of Cedar Point
Proposed Project: to construct a boat ramp
Please indicate below your office's position or viewpoint on the proposed project and return this form by April
17, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer 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.6=,T,,,,6,eT
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 DATEZ/y�/ �o
P.O. Box 769, U41 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone 919-726-7021 FAX 919-247-3330
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
MEMORANDUM:
TO: John Parker
FROM: Kathy Vinson
SUBJECT: Consistency Determination, Major Permit Application,
Magens Bay Subdivision/Lowell A. Fredeen, Town of Cedar
Point, Carteret County
DATE: April 18, 1996
Mr. Fredeen proposes to construct
to the existing pier at the
Subdivision, located on Highway
Point, Carteret County.
an elevated wooden boat ramp next
community park in Magens Bay
24 East on Bogue Sound in Cedar
AECs impacted by the proposed work include the Estuarine Shoreline,
Coastal Wetlands, and Estuarine Waters. Waters at the project site
are classified as SA-ORW 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 1991
Carteret County Land Use Plan (LUP) Update, as amended September
24, 1993, and offer the following comments.
The general area of the project is classified as Developed, while
the AECs impacted by the work are classified as Conservation.
The Carteret County LUP discusses allowed uses in Conservation
classified areas in the Resource Protection and Resource Production
and Management Policy sections of the Land Use Plan.
Applicable policies include those for Marine Resource Areas on Page
IV-11. The Plan states the County's support for the 7H Use
Standards for Estuarine Waters, with a few exceptions, none of
which appear to be applicable to this proposal.
The Coastal Wetlands Conservation classification is discussed on
Pages V-2 and V-3 of the amended Plan. Except as specifically
prohibited in the policies section of the Plan, development allowed
by the 7H Use Standards may occur in areas identified as coastal
wetlands by the Division of Coastal Management. I can find no
policy regarding coastal wetlands in the amended Plan which would
appear to prohibit this project, provided the 7H requirements can
be met.
Based on the above policies, this project appears to be consistent
with the amended 1991 Carteret County Land Use Plan, provided all
state requirements can be satisfied.
CC: Preston Pate
Charles Jones
Jim Mercer
Katrina Marshall
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
March 27, 1996
MEMORANDUM:
E:)EHNF1
�2aw�s
�t••'�-PUB. TRJSUBLANDS
TO: Mr. Bruce L. Freeman, Director rhM1AY7
Division of Marine FisheriesNZ
FROM: John R. Parker, Jr. Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Magens Bay Subdivision/Lowell A. Fredeen g 5
Project Location: off Hwy. 24, on Bogue Sound, @ the community park in Magens Bay Subdivision,
in the Town of Cedar Point
Proposed Project: to construct a boat ramp
Please indicate below your agency's position or viewpoint on the proposed project and return this form by April
17, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer 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. in
SIGNED 1 DATE 3 a r , 1 i 16
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone 919-726-7021 FAX 919-247-3330
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
,State of North Carolina
WA
Department of Environment,
Health and Natural Resources / • 1
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
1 May 1996
MEMORANDUM
TO: John R. Parker, Jr.
FROM: P.A. Wojciechowski
SUBJECT: CAMA/DREDGE & FILL Permit Application
Magens Bay Subdivision/lowell A. Fredeen
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
RECEIVED
MAY 7 1996
COASTAL
MANAGEWIENT
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
. V .
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 3, 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1�
C7EHNR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review �
APPLICANT: 1 Magens Bay Subdivision/Lowell A. Fredeen/Keith A. Buck
PROJECT LOCATION. Magens Bay S/D, Hwy. 24 east, Town of Cedar Pt, Carteret Co.
ROPOSED PROJECT: To construct an elevated wooden boatramp next existing pier.
Please indicate below your agency's position or viewpoint on the proposed and return this form by
April 23, 1996. If you have any questions regarding the proposed project, please contact John Parker
at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency
approves of the
project, only if the recommended changes are
incorporated.
See attached.
This agency
objects to the
project for reasons described in the attached
//••,,
Signed a'A10� 1
comments.
0� %1 ��
w
Date 1-19 -Ru
May 21, 1993
P.O. Box 27687, Ni
C FAX 919-733-1495
Raleigh, North Carolina 27611-7687 1, An Equal FAX
Action Employer
Voice 919-733-2293 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
MEMORANDUM
TO: John Parker, Coordinator
Major -Permits Processing Section
Division of Coastal Management, DEHNR
FROM:- w� William Wescott, Coastal Coordinator
Habitat Conservation Program
DATE: April 18, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Magens Bay Subdivision, Lowell
Fredeen/Keith Buck, Town of Cedar Point, 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. 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 construct a 60 ft. x 12 ft. wooden boat ramp. The structure will
be elevated 2 ft. over the 40 ft. wide marsh. Waters depths around the proposed ramp are shown
to be -1.3 ft. to -1.9 ft. during mean low tide. Waters at the project site are classified as SA and
are opened to shellfishing.
To minimize the loss of marsh due to shading we recommend the structure be elevated at
least as high as the marsh vegetation and that spacing be left between the planking boards to allow
light penetration beneaut the structure.
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.
1C1Ti%�iiii
a
.. APR 19 ' 96 02 : t34PM
.r r
State of N rfl Carolina
'DepartMceJ�nt f Environment,
✓'" Health aniatural Resources
�. Division of C astal Pvlanagement
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
1111EA1ORA.NDUN1
TO:
FROM:
April 3, 1996
Ms. Linda Sewall, Director
Division of Environmental Health
Johti Parker, Jr.
Major Pemaits Processing Coordinator
izAA
EDEHNR
RECEIVED
APR '� 1996
DiV, OF UgV:Rf)N41E14TAl_ HEALIH
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: �Iagens Bay Subdivision/Lowell A. Fredeen/Keith A. Buck
PROJECT LOCATION: ktagcns Bay SID, Iiwy. 24 east, Town of Cedar Point, Carteret Co.
PROPOSED PROJECT: To construct an elevated wooden boatramp next to existing pier.
Please indicate below your agent -s position or viewpoint on the proposed project and return this form
by April 23, 1996. If you have aa;y questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth continents with supporting data are requested.
REPLY Thi 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 agent. objects to the project for reasons described in the attached
comments.
/i
Signed __ L"% I)ate�! z
P.O. Box 27687, �FAX 919-733-1495
Raleigh, North Carolina 2761 1-768; N% �t� C ;;,•, r., ,,; pportunity(Affl n�atMe Action Employer
Volce 919-733-2293 n-:crcedJlt7K, postconwmer paper
i
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
March 27, 1996
D T J �
�J
MEMORANDUM: MAR
1�
Mr. Charles Gardner, Director DIV A��
TO:
Division of Land Resources COASTA
CC M4,ag2 1996
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator r
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: 1, Magens Bay Subdivision/Lowell A. Fredeen
Project Location: off Hwy. 24, on Bogue Sound, @ the community park in Magens Bay Subdivision,
in the Town of Cedar Point
Proposed Project: to construct a boat ramp
rm
Please indicate below your agency's position or viewpoint on the proposedproject
contact nd Jim Mercer areturn this t (9b9) 726
17, 1996. If you have any questions regarding the proposed project, please
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.
i
This agency approves of the project only if the recommended changes a.
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE Add"-/ Z% IQ'�—
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 5a 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
March 27, 1996
MEMORANDUM:
TO: Mr. William A. McNeil, Director
Division of Community Assistance
rr �
IDFEE HNF1
MAR 2 9 1996
DIVISION
COASTAL MAM
FROM: John R. Parker, Jr. oi
r
Major Permits Processing Coordinator 05G7� ? f�199
A1996 �
SUBJECT: CAMA/DREDGE & FILL Permit Application Review �ANggEM4t
Applicant: Magens Bay Subdivision/Lowell A. Fredeen 'Q
9 5
Project Location: off Hwy. 24, on Bogue Sound, @ the community park in Magens Bay Subdivision,
in the Town of Cedar Point
Proposed Project: to construct a boat ramp
Please indicate below your agency's position or viewpoint on the proposed project and return this form by April
17, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726-
7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: T is 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
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 811-12-09
Telephone 919-726-7021 FAX 919-247-3330
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
VP gv)S)Z
State of North Carolina U�`�����'l� e�
Department of Environment, tllJll
Health and Natural Resoura APR 0 2 1995
Division of Coastal Management
OLA
James B. Hunt, Jr., Governor p E H N F
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 27, 1996
MEMORANDUM:
TO: Mr. A. Preston Howard, P.E., Director MAR 2 9 1996
Division of Environmental Management DIVISION OF
COASTAL MANAGEMENT
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator CsBay
SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: r-Magens Bay Subdivision/Lowell A. FredeenProject Location: off Hwy. 24, on Bogue Sound, @ the community park in
in the Town of Cedar Point
Proposed Project: to construct a boat ramp
Please indicate below your agency's position or viewpoint on the proposed project and return this form by April
17, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer 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 C;L-I�C C_ 5 h i v <-kr DATE 't -
Cc'. Ybk- boKkty
W)/ D FiIn
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
April 3, 1996
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1AT*A
IDEHNR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT:agens Bay Subdivision/Lowell A. Fredeen/Keith A. Buck
PROJECT LOCATION: - Magens Bay S/D, Hwy. 24 east, T. of Cedar Pt., Carteret Co.
PROPOSED PROJECT: To construct an elevated boatramp next to existing pier.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 23, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
,�/ This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Signed 0 Date 9 ��
P.O. Box 27687. Nif<W FAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice919-733-2293 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
Ka
118-0115;
SUBJECT:
April 3, 1996
Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
John Parker, Jr.
Major Permits Processing Coordinator
EDEHNFR
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: rMagens Bay Subdivision/Lowell A. Fredeen/Beith A. Buck
RF.�y�o9g6
Pe MP A ��,ENt
PROJECT LOCATION: Magens Bay S/D, Hwy. 24 east, T. of Cedar Pt., Carteret Co.
PROPOSED PROJECT: To construct an elevated wooden boatramp next to existing pier.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 23, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
%- 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
P.O. Box 27687, N
7L. FAX 919-733-1495
Raleigh, North Carolina 27611-7687 r� An Equal Opporfunlly/AttlrmatNe Action Employer
Voice 919-733-2293 1/10% postconsumer paper
-uk
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, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
ANA
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: CMagens Bay Subdivision/Lowell A. Fredeen/Keith A. Buck
PROJECT LOCATION: Magens Bay S/D, Hwy. 24, T. of Cedar Pt., Carteret Co.
PROPOSED PROJECT: To construct an elevated wooden boatramp next to existing pier.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 23, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
V X 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 reaso
comments.
Signed Date
P.O. Box 27687, �` ;6 FAX 919-733-1495
Raleigh, North Carolina 27611-7687 N r� C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post -consumer paper
State of North Carolina
. Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
April 3, 1996
Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
John Parker, Jr.
Major Permits Processing Coordinator
1t •:
�..i-" 4 2A�
i
1DEHNFR
CAMA/DREDGE & FILL Permit Application
r RECEIVED ,,
MAY 131996
WNAGERVAT r ri
APPLICANT:(�Magens Bay Subdivision/Lowell A. Fredeen/Keith A. Buck
PROJECT LOCATION. Magens Bay S/D, Hwy. 24 east, T. of Cedar Pt., Carteret Co.
PROPOSED PROJECT: To construct an elevated boatramp next to existing pier.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 23, 19%. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY � 1� This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Signed G J Dates—
P.O. Box 27687, N7` 4 FAX 919-733-1495
Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Afflrmattve Action Employer
Voice 919-733-2293 ,, r� 50% recycled/10% post -consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF April 29, 1996
Regulatory Branch
Action ID No. 199603179
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 Mr. Lowell A. Fredeen for a Department of
the Army (DA) permit to construct a wooden, elevated boatramp on Bogue Sound,
Magens Bay Subdivision, Cedar Point, 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 done in strict compliance
with the permit plans.
b. This permit does not authorize the interference with any existing or
proposed Federal project. The permittee will not be entitled to compensation
for damage or injury to the authorized structure or work that 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
4 use by the public of all navigable waters at or next to the authorized work.
Use of the permitted activity must not interfere with the public's right to
free navigation on all navigable waters of the United States.
d. The permittee will maintain the authorized work in good condition and
S in concordance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
nest 2?eErt�
Field Office Manager 1��C'�'\V>SO
Wilmington Field Offic v
Regulatory Branch '�a pN�Gtib,E�S
M
-2-
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
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands 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 ARMY
WILMINGTON DISTRICT, COOPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 26402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action 10.// I /Applicant
waterway /1/ I /!. ,/z u&. Type Work
Mr. Larry Hardy
National Marine
Service, NOAA
Pivers Island
Beaufort, North
Fisheries
Carolina 28516
Field Supervisor
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Manager.
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
?2 eeional Office
Division of Coa al Management
North Carolina Department of
Environment, Health and
pO r=o 7/0`/
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before %%a�� /?2l
Questions or comments may be addressed to
Regulatory Branch, Field Office, telep one (9j0)
sincerely,
WWine o dner Sou Section C �y
Regulatory Branch ^ AQR�ppEMENS
Enclosure �pPN
PnMw W ® RacvdW Paps
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REFILYTO
ArrEUTON OF April 3, 1996
Regulatory Branch
Action ID No. 199603179
Mr. Lowell A. Fredeen
104 Club House Drive
Cape Carteret, North Carolina 28584
Dear Mr. Fredeen:
On February 11, 1991, we renewed general permit No. CESAW-
0080-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 March 28, 1996, for
Department of the Army (DA) authorization to construct an
elevated, wooden boatramp on Bogue Sound, Magens Bay Subdivision,
Cedar Point, 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. 199603179. It will
be coordinated in our Wilmington Field Office. Questions or
comments may be addressed to me at telephone (910) 251-4636.
Sincerely,
Jeffery Richter
Project Manger
Wilmington Field Office
Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy.
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Keith A. Buck
101 Manatee Street
Swansboro, North Carolina 28584
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF ENVIRONMENTAL MANAGEMENT Jonathan B. Howes
Governor WATER QUALITY SECTION Secrets
April 8, 1996
CERTIFIED MAIL Z 405 621 590
RETURN RECEIPT REQUESTED
Mr. Lowell Fredeen
104 Clubhouse Drive, Star Hill
Cape Carteret, North Carolina 28584
Subject: Magens Bay Subdivision
Stormwater Project No. SW8 940114
Carteret County
Dear Mr. Fredeen:
On April 2, 1996, the Wilmington Regional Office received a copy of the CAMA Major Permit
application for the addition of a boat ramp. Magens Bay Subdivision received a Certification of Compliance
with Stormwater Regulations on February 14, 1994 for 123 lots @4,940 sqyare feet of built -upon area per
lot, and a restriction of 1 acre of built -upon area for the recreation area, ie., tennis courts, pool and park.
No boat access facilites were permitted, and as such, a revised submittal must be made to permit this
activity.
Either a Stormwater Permit Application, fee, 2 sets of revised plans, and calculations must be
submitted, or information regarding the expected submittal date for the revision must be received in this
Office on or before May 8, 1996. If you have any questions, please do not hesitate to call me at (910) 395-
3900.
Sincerely,
G46" irb
Linda Lewis it
Environmental Engin
DA/arl: S:\WQS\STORMWAT\STORMSUB\940114.APR
cc: John Parker, CAMA 6,
Joe Dunnehoo, P.E., Prestige, Engineering 8
Linda Lewis
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and of Resources 1 •
Division of Coastal Management _
James B. Hunt, Jr., Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 30, 1996
Mr. Lowell A. Fredeen.
MAGENS BAY SUBDIVISION
104 Club House Drive
Cape Carteret, NC 28584
Dear Sir:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to carry out construction on property located on Hwy. 24 East on Bogue
Sound at the Community Park in Magens Bay Subdivision, Town of Cedar Point, Carteret County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which
would make August 11,1996 the new deadline for reaching a decision on your request. However,
we expect to take action prior to that time and will do so as soon as possible. In the interim, if you
have any question on the status of your application, do not hesitate to contact this office.
Very sincerely,
J taer, Jr.
Major Permits Processing Coordinator
JRP:jr/aw
cc: Jim Mercer
DCM-Morehead City
P.O. Box 27687, N
7�CFAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal OpportunHy/AifirrnatNe Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper
CERTIFIED AUJL
RETURN RECEIPT EEQUESTED
De a r A4f � M,es MOFF/n' :
�AR 15 18w !4
Mwwro.0 • �w......w sNi
This letter is to notify you as an adjacent riparian landowner of
Mr. /Mrs • F.e6o r?e,oZ BF_A! plans to construct ,Q
Wo'ODa'y 80.4r J,?AMP AC,2O� MA,e33s/ AY /E..Q S/Y6
on their property located at/OA/
in CA,e7-g.2E7- eVVA/zY , NC. The sketch on the reverse
side accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the
statement below, sign and date the blanks below the statement,
and return this letter to:.465rie.E ENG/.V6t:e/.�/G� /O/ MANATEE
Sr SwA KSBo -0 Al C. 2BSB4C
as soon as possible.
Should you have objections to this proposal, please send your
written comments"to the NC Division of Coastal Management, P. O.
Box 769, Morehead City, NC 28557. Written comments must be
received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be
interpreted as no objection.
Sincerely,
I have no objection to the project as presently
proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
�9�
Signature
DATE: �14,A/u4
Ilan,'
101 Maq
o_.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MAR 1519M
ii
Dear ",e• loOEPEG
This letter is to notify you as an adjacent riparian landowner of
Mr./Mrs. F.¢EO plans to construct 14
! OOZ%O" BcvyT A4,0,es// Qr PiE e S,rc
on their property- located at "14ae^IS B,vv S�ao,vs,�xL
in NC. The sketch on the reverse
side accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the
statement below, sign and date the blanks below the statement,
and return this letter to: Pee-sT/GE �NG„vEEe/,c/G /o/ MA VATEE
Sr Sw�Jvs�,ee A/C. 2858V
as soon as possible.
Should you have objections to this proposal, please send your
1 written comments"to the NC Division of Coastal Management, P. O.
Box 769, Morehead City, NC 28557. written comments must be
received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be
interpreted as no objection.
Sincerely,
I have no objection to the project as presently
proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
Signature
DATE: ✓A v�A eY /9, /9910
It.
ENDER:
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 12, 1997
IN REPLY REFER TO
Regulatory Division
Action ID. 199800294
Mr. Lowell Fredeen
104 Club House Drive
Swansboro, North Carolina 28584
Dear Mr. Fredeen:
Rec,ely D
IV
21 199.7
C04Sr4t MANAG fMENr
Please reference your October 21, 1997, meeting with Mr. Mickey Sugg of my regulatory
staff and Mr. Ted Tyndall of North Carolina Division of Coastal Management (NCDCM),
regarding the unauthorized discharge of fill material into approximately 2.1 acres of
jurisdictional wetlands subject to Department of the Army (DA) permitting authority on your
property. The activity occurred in the Magens Bay Subdivision, located at the terminus of
Magens Court East and Fawn Creek Court, adjacent to Bogue Sound, Cape Carteret, Carteret
County, North Carolina. This work, undertaken without DA authorization, is a violation of
Section 301 of the Clean Water Act (33 USC 1311).
As discussed, you are directed to cease and desist from additional unauthorized work in
wetlands and waters of Bogue Sound. Failure to comply with this directive may result in referral
of this matter to the U.S. Attorney with a recommendation for civil prosecution.
In addition, the unauthorized work, within wetlands adjacent to Outstanding Resource
Waters (ORW) has been determined to be a violation of the North Carolina Coastal Area
Management Act. It is our policy to coordinate our enforcement program with the State's
program.
According to Mr. Tyndall and Mr. Suggs findings, you have constructed two earthen dams
flooding approximately 1.5 acres of adjacent wetlands within the subdivision. One dam is
located along Lot Nos. 66 and 67 property line off Fawn Creek Court; the second dam is at the
terminus of Magens Court East between Lot Nos. 60 and 42. In addition to the dams, it was
observed that you have discharged fill material on Lots 63-60 and 42, impacting approximately
0.6 acres of jurisdictional wetlands adjacent to Bogue Sound, for the expansion of the lots.
-2-
During the meeting, you informed Mr. Sugg and Mr. Tyndall that you would agree to
remove the fill material within the wetland areas on all the lots, but the dams were too important
to the subdivision to be removed. Mr. Sugg explained that the structures could be authorized by
an after -the -fact permit (application enclosed). This application must be filled out completely
and returned to our office within 10 days from the receipt of this letter. In regards to the fill on
the lots, it was agreed that you would resurvey the wetland line and restore all impacted areas
back to the original wetland elevation.
Please be aware that if your permit request for the dams is denied, all impacted wetlands
must be restored to their pre -construction condition. If there are any questions regarding the
resolution of this matter, please contact W. Sugg in the Wilmington Regulatory Field Office, at
telephone (910) 251-4811.
Sincerely,
MichaelD. Smith, P.W.S.
Assistant Chief
Regulatory Division
Enclosure
-3-
Copies Furnished:
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, NOAA
Pivers Island
Beaufort, North Carolina 28516
Regional Director
National Marine Fisheries
Service, NOAA
Habitat Conservation Division
9721 Executive Center Drive
Saint Petersburg, Florida 33702-2432
John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27611
Mr. John Domey
Division of Water Quality
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Ted Tyndall
Morehead City Regional Office
North Carolina Division of
Coastal Management
Hestron Plaza Two
151-B Highway 24
Morehead City, North Carolina 28557
U. S. Attorney
Eastern District of North Carolina
310 New Bem Avenue
Suite 300, Federal Building
Raleigh, North Carolina 27611
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO April 8, 1998
Regulatory Division
Action ID No. 199800294
Mr. Lowell Fredeen
L. Arden, Inc.
104 Club House Drive, Star Hill
Swansboro, North Carolina 28584
Dear Mr. Fredeen:
Please reference your after -the -fact request for the Department of the Army (DA)
authorization for the cons ohon o two ) separate dams impacting a total of 0.94 acre of
Section 404 wetlands and the discharge of fill material in 0.45 acre of wetlands for the expansion
of residential lots iiz Nupens, Bad on the south side of NC Highway 24,
approximately 0.1 mile west of intersection with Highway 58, adjacent to Bogue Sound
(designated at this location as Outstanding Resource Waters), in Cape Carteret, Carteret County,
North Carolina.
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures
to determine the type and level of mitigation necessary to comply with Clean Water Act Section
404(b)(1) Guidelines. As discussed during our April 9, 1996, onsite meeting, this MOA
provides for first, avoiding impacts to waters and wetlands through the selection of the least
damaging, practical alternative; second, taking appropriate and practical steps to reduce impacts
on waters and wetlands; and finally, compensation for remaining unavoidable impacts to the
extent appropriate and practical. To enable us to process your application, in compliance with
the MOA, we request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please fiirnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practicable steps to minimize
wetland losses. Please indicate all that you have done, especially regarding development and
modification of plans and proposed construction techniques, to minimize adverse impacFIECEIVEL
APR 13 1998
COASTALMANAGEMENT
c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practicable minimization has
been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of
waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
The aforementioned, requested information is essential to the expeditious processing of
your application and should be forwarded to us within two (2) weeks of your receipt of thid
letter. Also, you should be aware that State and Federal commenting agencies may recommend
design modifications. As discussed, meetings with agencies on the project and mitigation sites
would be appropriate.
If you have questions or comments, please do not hesitate to contact me at telephone (910)
251-4811.
Copies Furnished:
Mr. William Cox, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Messrs. Paul Farley and Larry Baldwin
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Sincerely,
Mickey Sugg
Regulatory Specialist
Mr. John Domey
Division of Water Quality
North Carolina Department of
Environment, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27687
Mr. Kevin Moody
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ted Tyndall
North Carolina Division of
Coastal Management
Hestron Plaza Two
151-B Highway 24
Morehead City, North Carolina 28557
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 8, 1998
Regulatory Division
Action ID. 199800294
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney
Enclosed is the application of Mr. Lowell Fredeen, L. Arden, Inc., 104 Club House Drive,
Star Hill, Swansboro, North Carolina 28584, at Telephone No. (919) 393-8676, for an after -the -
fact Department of the Army authorization and a State Water Quality Certification for the
construction of two (2) separate dams impacting a total of 0.94 acre of Section 404 wetlands and
the discharge of fill material in 0.45 acre of wetlands for the expansion of residential lots in
Magens Ba ivision, on the south side of NC Highway 24, approximately 0.1 mile west of
intef c ion vint r Highway 58, adjacent to Bogue Sound (designated at this location as
Outstanding Resource Waters), in Cape Carteret, Carteret County, North Carolina. Your receipt
of this letter verifies your acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification may be required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be
granted until the certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt of a request for
certification is a reasonable time for State action. Therefore, if you have not acted on the request
by June 8, 1998, the District Engineer will deem that waiver has occurred.
RECEIVED
APR 13 1998
COASTAL MANAGEMENT
Thank you for your time and cooperation. If you have any questions or comments, please
contact me at telephone (910) 251-4811.
Sincerely,
Mickey Sugg -?
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Joanne Steehuis
Division of Water Quality
North Carolina Department of Environment,
Health and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Ted Tyndall
Division of Coastal Management
Hestron Plaza two
151-B Highway 24
Morehead City, North Carolina 28557
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA 28402.1890
June 12, 1997
IN REPLY REFER M
Regulatory Branch RECEIVED
Action ID No. 199706442
JUN 16 1997
COASTAL MANAGEMENT
Mr. Lowell Fredeen
104 Club House Drive
Swansboro, North Carolina 28580
Dear Mr. Fredeen:
This letter confirms the April 23, 1997, inspection by Mr. Mickey Sugg
of my staff, regarding the recent discharge of fill material into
approximately 0.2 acre of jurisdictional wetlands sub' t of the
Army (DA) permitting authority on your property. he activity occ�dlved i the
subdivision pier area and on Lot No. 33 and No. 38, in Magens Bay isioat the terminus of Magens Court West, adjacent Bogue Sound, Caparteret,
Carteret County, North Carolina. This work, underta
authorization, is in direct violation of Section 301 of the Clean Water Act
(33 USC 1311).
You are directed to cease and desist from additional unauthorized work
in wetlands of Bogue Sound, and to perform the restoration plan as agreed upon
during your May 8, 1997, telephone conversation with Mr. Sugg. Failure to
comply with this directive may result in the immediate referral of this matter
to the U.S. Attorney with a recommendation for civil prosecution.
Additionally, the unauthorized activity, undertaken within wetlands
adjacent to Outstanding Resource waters (ORW), has been determined to be a
violation of the North Carolina Coastal Area Management Act. It is our policy
to coordinate our enforcement program with the State's program, and we concur
with the proposed restoration plan to remove all fill material in wetlands
back to original elevations. If you satisfactorily perform the restoration
work within 30 days from your receipt of this letter, we will recommend that
the U.S. Attorney take no further legal action in this matter. Also, you
should be aware of the State's policy of initiating a civil assessment against
all violations of their Coastal Area Management program.
-2-
If there are any questions regarding the resolution of this matter,
please contact Mr. Sugg in the Wilmington Regulatory Field Office, at
telephone (910) 251-4811.
Sincerely,
Clifford Winefordner
Chief, South Section
Regulatory Branch
Copies Furnished:
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, NOAA
Pivers Island
Beaufort, North Carolina 28516
Regional Director
National Marine Fisheries
Service, NOAA
Habitat Conservation Division
9721 Executive Center Drive
Saint Petersburg, Florida 33702-
2432
Mi. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27611
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. Jim Gregson
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Ted Tyndall
Morehead City Regional office
North Carolina Division of
Coastal Management
Hestron Plaza Two
151-B Highway 24
Morehead City, North Carolina 28557
U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF July 29, 1996
Regulatory Branch
Action ID No. 199603179
Mr. Lowell A. Fredeen
104 Club House Drive
Cape Carteret
Swansboro, North Carolina 28584
Dear Mr. Fredeen
By copy of North Carolina Department of Environment, Health and Natural
Resources letter to you of June 18, 1996, we have learned that State
authorization for you to construct a boat launch facility on Bogue Sound, at
the Magen Bay subdivision in Cedar Point, Carteret County, North Carolina, has
been denied. Under the administrative rules of our regulatory program, denial
of required State authorization precludes favorable consideration of a Federal
permit. Accordingly, your Department of the Army application is hereby
denied, and your file has been retired.
If you wish to continue to pursue a DA permit, you must obtain the
required State authorization. In the event you obtain the authorization, we
will reopen your permit file, and continue to process your application. After
the file is reopened, any issues raised during the public review process must
be addressed before a permit can be issued.
Mr. Jeff Richter of my staff is available to answer any questions you
may have or to help you in developing a revised plan. Mr. Richter may be
reached at telephone (910) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Copies Furnished (without enclosures):
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. 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 Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Charles Jones, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
3441 Arendell Street
Post Office Box 769
Morehead City, North Carolina 28557
State of North Carolina IT n
Department of Environment,
Health and Natural Resources
Division of Coastal Management )A
James B. Hunt, Jr., Governor N R
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
FACSIMILE
S-\^
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TO:
OFFICE:
FAX #: _
FROM: \"` H :2 -a tL�LQ
# PAGES:
(including cover sheet)
COMMENTS:
-7_ 3_ 9 6
0
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/ 1 o% post -consumer paper
Magens Bay Boat Ramp Committee
109 Magens Way
Cedar Point, NC 28584
August 5,1996
Mr. John Parker
N.C. Dept. of Health and Natural Resources
Division of Coastal Management
PO Box 27687
Raleigh , NC 27611
Dear Mr. Parker:
The Magens Bay Homeowners Association, at their first
meeting on June 22, 1996, appointed a Boat Ramp Committee to
relieve Mr. Lowell A. Fredeen from the task of trying to secure
a permit to construct a boat launch ramp for the use of the
residents of the 123 lot Magens Bay Residential Subdivision.
The committee, recognizing the shortcomings of the plans
submitted for the proposed ramp, wish to start over and submit
a new plan which will address all of the points made by the
various agencies involved. After we draft a new plan we intend
to meet with you to see if we have satisfied all of the
requirements before we apply for a permit.
We have spoken with the two objectors to the plan, Messers
Moffit and Rogers, neither of whom are abbutters to the site
in question. Their objections are valid, nevertheless. We plan
to allow no trailer parking at the site. Only perhaps three
vehicles will be allowed to park there in a designated area.
We intend to lengthen the ramp to equal the length of our
existing pier to assure adequate water to launch during low
tide. The bottom area that will be disturbed during the
construction of the ramp will be cleared of shellfish before
construction begins. The shellfish will be redistributed.
We feel that we can obtain statements from Messers Moffit
and Rogers that they will not object to this project if the
foregoing conditions are adhered to. At the June 22nd meeting
a show of hands showed two people objected to the project and
about 50 people were in favor of the project. A petition is
now being circulated to obtain signatures of lot owners favoring
the project.
The covenants for our subdivision do not allow boats in
the open on any of the property, therefore the use of the ramp
will be restricted to smaller, shallow draft boats, canoes,
row boats, kayaks, sailboards, jet boats and inflateables.
fF )�
A letter and questionnaire dated July 29, 1996 was � <
by the Army Corps Of Engineers to Mr. Lowell A. Fredee o lG
passed it on to us. This letter is in response to that
F� M61
�r ,
communication. The questionnaire was returned to Mr. Fredeen
for a response since all of the work until now was done by him.
If you care to call us on the phone you may reach us on
any of the following numbers:
Walt Beers 919-393-2237
Neil Stroud Res. 9197393-6118
Work 910-451-5053
Frank Redd 919-393-8676 ,
Respectfully,
V� o.).k iSUnA
C.C. G. Wayne Wright
Department Of The Army
Wilmington District Corps Of Engineers
P.O. Box 1890
Wilmington, N.C. 28402-1890
August 14, 1996
Pete Moffitt
101 Magens Court
Swansboro, NC 28584
Mr Walter Beers
109 Magens Way
Swansboro, NC 28584
Dear Walter:
I appreciate your providing me a copy of the letter you sent
to Mr John Parker of the NC Division of Coastal Management con-
cerning the proposed boat ramp at Magens Bay. I appreciate
your efforts, however several areas of your letter may lend
themselves to clarification.
The numbers you use favoring the project may be somewhat of
a stretch, but the more important fact would be that all in
attendance favored "a" boat ramp but, to my knowledge, the only
two people who had seen the plans for the "proposed" boat ramp
opposed it for very sound reasons. I feel sure that the others
in attendance, all being reasonable people, would have opposed
a project that was so poorly designed had they been informed
prior to being asked to vote.
Walter, I feel as though you were most presumptuous in saying
you can obtain a statement of non objection from me, or anyone
else, concerning this project. Please do not speculate on my
future thoughts in order to further your efforts.
It appears, from your statements, that the fact you do not con-
sider us "abbutters" is of some importance, it is not. Jan
and I, as any other resident of Magens Bay, feel free to express
our opinions as to the worthiness of this, or any other project.
The average minimum depth of water needed to launch a shallow
draft boat is 29", and that depth would create unique problems
unloading and loading. A ramp not affording consistent depths
in access of this level would, in my opinion, be impractical.
A reasonable solution my be to construct a wooden walkway with
a floating end that would allow convenient launching of small
craft that are functional in our surrounding waters. This solu-
tion has proven reasonable in other areas of Bogue Sound, es-
pecially since we have a free deep water ramp less than thr 0
miles from Magens Bay that I have used many times in the p
and find very practical.
� ky CGa e9, 0
44. Sl . 96
9
`e�,rfyT
Walter, the circulation of a petition at this time is premat-
ture and should be discontinued. Everyone is in favor of the
concept of a boat ramp, but until you can demonstrate a design
that will support environmental concerns, proper functional
utilization and economic justification, asking someone to sign
a petition is of little meaning.
Walter, I appreciate you efforts in support of the improve-
ment of amenities at Magens Bay. If I may be of assistance,
please let me know.
Sincer_Yy,
Moffitt
CC: Board of Directors, Magens Bay
Mr. John Parker, DEHNR
A. Neil Stroud
Attorney and Counsellor at Law
P.O. Box 65
Stella, North Carolina 28582-0065
Telephone: (910) 451-5053 'JUN 2 7 1996. Facsimile: (910) 451-5045
Mr. John Parker
N.C. Department of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
Dear Mr. Parker:
I am writing on behalf of the Magens Bay Homeowners Association concerning the denial
of the major CAMA permit for the construction of a boat launch facility in Magens Bay
Subdivision, on Bogue Sound, Cedar Point, Carteret County. The notification of denial is dated
June 18, 1996, and you are listed as the point of contact for questions.
Please forward to me a copy of all documents in your files relating to the permit, the
agency review, comments by agencies and the public, and any other documents pertaining to the
decision to deny. I would like to review the information in order to make an informed decision on
whether to pursue an appeal of the denial or recommend revision of the plans and submittal of a
new permit request.
Thank you for your attention to this matter. If you have questions, please do not hesitate
to contact me.
Sincerely,
A. Neil Stroud
00
l
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�AGF�E�Print r name, address and ZIP Code here
K-77M► YS COCl1ZDWATCIk
- COASTAL MANAGEMiN
P. O. BOX 27687
WFIGH, N. C. 77�11
PJ
State of North Carolina IT a
Department of Environment,
Health and Natural Resources •
le Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N R
Roger N. Schecter, Director
June 18, 1996
Certified Mail
Return Receipt Requested
Mr. Lowell A. Fredeen
104 Club House Drive
Cape Carteret, NC 28584
Dear Sir:
This letter is in response to your request for a permit under the Coastal Area Management
Act (CAMA) to construct a boat launch facility at your Magens Bay Subdivision, on Bogue Sound,
in Cedar Point, Carteret County. Processing of the application, which was received on March 15,
1996 and for which notice of extended review was provided on May 30, 1996, is now complete.
Based on a joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The proposed elevated timber boat ramp, according to the workplans submitted with your
application and site investigation, would not have water at its terminus during low tide and
would have minimal water at mid -tide;
2) Because of the shallow water in and around the proposed launch ramp, bottom disturbance
from boat propellers or "prop wash", etc. will likely occur most of the tidal cycle, thus
causing adverse impact to this area of Bogue Sound and the resources contained therein;
3) The shallow water habitat at the proposed launch site is classified as Outstanding Resource
Waters and are open to shellfish harvest. Live oysters are clearly visible along the shoreline
and offshore of the ramp site;
4) The application request for the subdivision, which was approved under Permit No. 65-94,
did not include a boat launch for this 123 lot residential development. It is important to note
that two residents of Magens Bay have objected to this proposal due to impacts to the
shallow water habitat, insufficient trailer parking at the facility, and noise disturbance;
P.O. Box 27687, ��y� FAX 919-733-1495
Raleigh, North Carolina 27611-7687 �CAn Equal Opportunity/Affirmative Action Employer
Voice919-733-2293 50% recycled/10% post -consumer paper
11
Mr. Lowell A. Fredeen
Page 2
June 18, 1996
5) It is also important to note that the proposal to add the launch site has not been covered, as
of this date, by a revised stormwater management permit from the Division of Environmental
Management (Re: DEM letter of 4/8/96);
6) The proposed project is determined to be inconsistent with T15A-07H.0208(a)(2)(B) of the
Rules of the Coastal Resources Commission. This Rule requires that this Division must find
that no suitable alternative exists and that the applicant has selected a combination of site and
design that will have a minimum adverse impact on shellfish beds and other estuarine
resources.
Based on the foregoing finding, it is necessary that your application request be denied under
N.C.G.S. 113A-120(a)(8) which requires permit denial when a proposal is determined to be
inconsistent with the state standards or guidelines, and 113A-120(a)(10) which requires permit denial
when the proposed development would contribute to cumulative effects inconsistent with the
guidelines.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the form of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national
security, and thus, may be federally approved.
Mr. Lowell A. Fredeen
Page 3
June 18,1996
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
Sincerely,
R YSchecter,
Director
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Robert J. Sperberg
Corps of Engineers
Wilmington, NC
April 15, 1996
Pete Moffitt
101 Magens Court
Swansboro, NC 28584
NC Division of Coastal Management
PO Box 769
Morehead City, NC 28557
Gentlemen:
O 1 i_1UU_ U
APR 18 1996
This letter is in response to the proposed wooden boat ramp
at the pier site in the Magens Bay Subdivision.
The fact that this letter will be received more than ten days
from our receipt of the proposal should not be interpreted as
our having no objection. The notice was sent by registered
mail by Prestige Engineering and the Postman left notices on
four occasions over a period of several weeks, making no
attempt to bring the letter to the house. After I saw him drive
off after leaving a notice in the box, I went to the Post Office
and picked it up. The next day we left for ten days to attend
a SAFMC meeting in Georgia, returning last weekend.
We object to this ramp, for there is not sufficient parking
and the by-laws of Magens Bay do not deal with trailer parking
at the ramp or in the street. If boats are launched with no
provision for parking, cars and trailers will be parked in the
street in front of our house, which is not acceptable. Also,
the parking area is only just over 50'at its widest which does
not allow for parking and proper turning space for trailers.
In our opinion, this proposal should be denied in its current
form.
xcc: Sa�N �0.Rkerz,
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A���gtA
vTl ItJ-1.�-7'Htic k�'�:01 FROM DCM MI_IkEHEHD 3�13Gi TO
DCM-RHLE 1 GH P. c1a
r?pril 18, 1996
Pete Moffitt
101 magens Bay
Swansboro, NC 28584
4
NC Division of Coastal Management
Po Boz '169
Morehead Cit.., NC 28557
Gentlemen:
This letter is an addendum ro my letter of April 151 1Nti
concerning the construction of wooden boat ramo_ in the
Magens pay Subdivision.
Upon further review of the construction plans, it is appa.r-
rent that at low tide there would be no water at the end
of the ramp and that trailers would not be supported by
the natural sound bottom. At high tide there mould only
be aboat 1 ' of water for 20' from tile end of the ramn.
There is insufficient water depth to make a ratr.p function-
al at this site.
A ramp built to the proposal's specifications would lead to
destruction of the bottom by trailers and excessive oroo
wash due to the shallow depth. Both of these conditions
would lead to increased invels of turbidity which would be
damaging to this oRW.
The fact ttat this ramp would detract from the cuiet enjoy-
ment of our property and would be environmentally unsound
leads us to ask that this permit be denied.
S_n..�111
f .{.
()Pete Mot
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�;d'
State of North Carolina
Department
Rouneh Natual Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 18, 1996
Certified Mail
Return Receipt Requested
Mr. Lowell A. Fredeen
104 Club House Drive
Cape Carteret, NC 28584
Dear Sir:
This letter is in response to your request for a permit under the Coastal Area Management
Act (CAMA) to construct a boat launch facility at your Magens Bay Subdivision, on Bogue Sound,
in Cedar Point, Carteret County. Processing of the application, which was received on March 15,
1996 and for which notice of extended review was provided on May 30, 1996, is now complete.
Based on a joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The proposed elevated timber boat ramp, according to the workplans submitted with your
application and site investigation, would not have water at its terminus during low tide and
would have minimal water at mid -tide;
2) Because of the shallow water in and around the proposed launch ramp, bottom disturbance
from boat propellers or "prop wash", etc. will likely occur most of the tidal cycle, thus
causing adverse impact to this area of Bogue Sound and the resources contained therein;
3) The shallow water habitat at the proposed launch site is classified as Outstanding Resource
Waters and are open to shellfish harvest. Live oysters are clearly visible along the shoreline
and offshore of the ramp site;
4) The application request for the subdivision, which was approved under Permit No. 65-94,
did not include a boat launch for this 123 lot residential development. It is important to note
that two residents of Magens Bay have objected to this proposal due to impacts to the
shallow water habitat, insufficient trailer parking at the facility, and noise disturbance;
P.O. Box 27687,
Raleigh, North Carolina 27611-7687
Voice 919-733-2293
NAW'CAn FAX 919-733-1495
Equal Opportunity/Affirmative Action Fr'
'>!*�� 50% recycled/10% post consu�
Mr. Lowell A. Fredeen
Page 2
June 18, 1996
5) It is also important to note that the proposal to add the launch site has not been covered, as
of this date, by a revised stormwater management permit from the Division of Environmental
Management (Re: DEM letter of 4/8/96);
6) The proposed project is determined to be inconsistent with T15A-07H.0208(a)(2)(B) of the
Rules of the Coastal Resources Commission. This Rule requires that this Division must find
that no suitable alternative exists and that the applicant has selected a combination of site and
design that will have a minimum adverse impact on shellfish beds and other estuarine
resources.
Based on the foregoing finding, it is necessary that your application request be denied under
N.C.G.S. 113A-120(a)(8) which requires permit denial when a proposal is determined to be
inconsistent with the state standards or guidelines, and 113A-120(a)(10) which requires permit denial
when the proposed development would contribute to cumulative effects inconsistent with the
guidelines.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the form of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national
security, and thus, may be federally approved.
Mr. Lowell A. Fredeen
Page 3
June 18, 1996
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
Sincerely,
R Schecter,
Director
RNS/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Robert J. Sperberg
Corps of Engineers
Wilmington, NC
�l
State of North Carolina 110
Department of Environment,
Health and Natural Resources A(IA
Division of Coastal Management _
James B. Hunt, Jr., Governor r�
Jonathan B. Howes, Secretary 1:3 E H N R
Roger N. Schecter, Director
June 18, 1996
Certified Mail
Return Receipt Requested
Mr. Lowell A. Fredeen
104 Club House Drive
Cape Carteret, NC 28584
Dear Sir:
This letter is in response to your request for a permit under the Coastal Area Management
Act (CAMA) to construct a boat launch facility at your Magens Bay Subdivision, on Bogue Sound,
in Cedar Point, Carteret County. Processing of the application, which was received on March 15,
1996 and for which notice of extended review was provided on May 30, 1996, is now complete.
Based on a joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The proposed elevated timber boat ramp, according to the workplans submitted with your
application and site investigation,'would not have water at its terminus during low tide and
would have minimal water at mid -tide;
2) Because of the shallow water in and around the proposed launch ramp, bottom disturbance
from boat propellers or "prop wash", etc. will likely occur most of the tidal cycle, thus
causing adverse impact to this area of Bogue Sound and the resources contained therein;
3) The shallow water habitat at the proposed launch site is classified as Outstanding Resource
Waters and are open to shellfish harvest. Live oysters are clearly visible along the shoreline
and offshore of the ramp. site;
4) The application request for the subdivision, which was approved under Permit No. 65-94,
did not include a boat launch for this 123 lot residential development. It is important to note
that two residents of Magens Bay have objected to this proposal due to impacts to the
shallow water habitat, insufficient trailer parking at the facility, and noise disturbance;
P.O. Box 27687, �y� FAX 919-733-1495
Raleigh, North Carolina 27611-7687 N�.�� CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 � 50% recycled/10% post -consumer paper
Mr. Lowell A. Fredeen
Page 2
June 18, 1996
5) It is also important to note that the proposal to add the launch site has not been covered, as
of this date, by a revised stormwater management permit from the Division of Environmental
Management (Re: DEM letter of 4/8/96);
6) The proposed project is determined to be inconsistent with T15A-07H.0208(a)(2)(B) of the
Rules of the Coastal Resources Commission. This Rule requires that this Division must find
that no suitable alternative exists and that the applicant has selected a combination of site and
design that will have a minimum adverse impact on shellfish beds and other estuarine
resources.
Based on the foregoing finding, it is necessary that your application request be denied under
N.C.G.S. 113A-120(a)(8) which requires permit denial when a proposal is determined to be
inconsistent with the state standards or guidelines, and 11 3A- 1 20(a)(1 0) which requires permit denial
when the proposed development would contribute to cumulative effects inconsistent with the
guidelines.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
Parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the form of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national
security, and thus, may be federally approved.
Mr. Lowell A. Fredeen
Page 3
June 18, 1996
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
Sincerely,
R YSchecter,
Director
RNS/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Robert J. Sperberg
Corps of Engineers
Wilmington, NC .
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 20, 1996
Mr. Pete Moffitt
101 Magens Court
Swansboro, NC 28584
Dear Mr. Moffitt:
IDFEE HNR
In April you submitted a letter of opposition to the Division's Morehead City office
concerning a proposed boat launch facility for Magens Bay Subdivision. The purpose of this
letter is to inform you of the final action taken by the Division.
On June 18 the Director signed a denial letter in response to the application. The denial
was based primarily on potential impacts to shallow water fisheries habitat and the siting of the
ramp. Concern of owners within the subdivision was mentioned.
Should there be any question on this matter, do not hesitate to contact this office or the
Division's Morehead City office.
Very sincerely,
4.-%Cz�
John R. Parker, Jr.
Major Permits Processing Coordinator
JEP:jr/aw
cc: Charles Jones
P.O. Box 27687, 7- ♦ FAX 919-733-1495
Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Afflrmative Action Employer
Voice 919-733-2293 50% recycled/109% post -consumer paper
State of North Carolina
Department of Environment,
Health and of Resources •
Division of Coastal Management _
James B. Hunt, Jr., Governor r� -
Jonathan B. Howes, Secretary C)E H N FR
Roger N. Schecter, Director
June 20, 1996
Mr. Royal Rogers
102 Magens Court, West
Swansboro, NC 28584
Dear Mr. Rogers:
In April you submitted a letter of opposition to the Division's Morehead City office
concerning a proposed boat launch facility for Magens Bay Subdivision. The purpose of this
letter is to inform you of the final action taken by the Division.
On June 18 the Director signed a denial letter in response to the application. The denial
was based primarily on potential impacts to shallow water fisheries habitat and the siting of the
ramp. Concern of owners within the subdivision was mentioned.
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 . Pazker, Jr.
Major Permits Processing Coordinator
JEP:jr/aw
cc: Charles Jones
P.O. Box 27687, Nif
'w 4 FAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 019-733-2293 50% recycled/10% post -consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
• 1. APPLICANT'S NAME: Magens Bay Subdivision / Lowell A. Fredeen
2. LOCATION OF PROJECT SITE: Highway 24 East on Bogue Sound at the Community Park in
Magens Bay Subdivision, the Town of Cedar Point, Carteret County.
Photo Index - 1995: Strip #39 Frame #474
State Plane Coordinates - X: 2571200 Y: 342800
3. INVESTIGATION TYPE: CAMA Only
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 20, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - March 15, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County LUP Up -Date 1991
Land Classification From LUP - Transition / Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands and Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private / Community Boat Access
(E) Wastewater Treatment: Existing - Individual Septic System
Planned -None
(F) Type of Structures: Existing - Community Pier
Planned - Community Boat Ramp
(G) Estimated Annual Rate of Erosion: Nominal
Source - Personal Observations
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Blackneedle Rush / Boat Ramp
540 sq. ft.
(B) Non -Vegetated Wetlands
Bogue Sound Bottomland / Ramp
60 sq. ft.
(C) Other
Highground / Boat Ramp
120 sq. ft.
(D) Total Area Disturbed: Approximately 720 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open
8. PROJECT SUMMARY: The applicant proposes to construct an elevated wooden boat ramp next to
the existing pier at the community park in Magens Bay Subdivision in Cedar Point.
FIELD INVESTIGATION REPORT:
MAGENS BAY SUBD. \ LOWELL A. FREDEEN
PAGE #2
9. NARRATIVE DESCRIPTION: The development of Magens Bay Subdivision was
initiate about two years ago by Mr. Lowell A. Fredeen. The subdivision which is
located on the Outstanding Resource Waters of Western Bogue Sound was issued a
Major CAMA Permit # 65-94 on May 9, 1994. Since that date, construction of the
authorized roads, utility lines and the community pier have been completed in
accordance with the stipulated conditions. Through a misunderstanding with CAMA
requirements, an area of 404 Wetlands at the community park were filled in 1995 via
the Corps of Engineer's Nation Wide Permit process. A Notice of Violation was
issued by the Division of Coastal Management on November 10, 1994. Today, some
30 new homes can be found throughout the 123 single family lots and the 85 acre
subdivision.
The community park, which is the site of the proposed boat ramp, is situated on Bogue
Sound between lots 32 and 33 at the west end of Magens Court. As the workplat
drawing shows, the ramp will measure 60 feet long by 12 feet wide. The proposed
ramp will be located between the existing access pier and 1 foot from the west sideline
of the park. The structure will be elevated at least 2 feet over the 40 ft. wide fringe
marsh. Blackneedle rush dominates the Coastal Wetlands AEC under the ramp
alignment. Water depths in and around the proposed ramp are shown to be -1.3 ft. to
-1.9 ft. during mean low tide. The landward side of the ramp will extend about 10
feet on to the highground property.
10. ANTICIPATED IMPACTS: The proposed ramp, will generate a total foot print
value of about 720 square feet. Over the Coastal Wetlands, the elevated ramp will
shadow about 480 square feet of Blackneedle rush. Impacts from the open pile
supported structure are expected to be short term and limited to the construction phase.
Existing shallow water depths and the restriction of no boat tie-ups suggest that the
proposed ramp will be used by small boats of the 18 ft Jon boat class.
PREPARED BY: JAMES L. MERCER
DATE: MARCH 26, 1996
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hereby certify that this map is correct and
prepared according to the Standards of
Practice for Land Surveying in North'
Carolina. and that (there are no property
tine encroachments either way on said
survey, the property tine encroachments
on said survey are as shown.)
THIS SLAP IS NOT FOR RECORDING.
Regisf ere! Land Surveyor Registration No.
SURVEYED BY DAfE
YIELD BOOK DRAWN BY
PACE
/NLBe✓ So LS (8 $J SAL TFEAT,
EC TYFiCAL
$/i/"XG' PL .INK/N4 (Z. S)_SgLT
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Pr-pstigr
Engineering and Land Surveying, P.A.
101 Manatee Street- Cape Carteret
Swansboro, North Carolina 2858,1
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Ca�AR rao%VT
1. APPLICANT
a. Landowner:
Name LOWEGG f/. F¢EOEE�/
Address 14JI rie 11-f-9E dR�✓£
City CAPE LA�7EQET
State Al. I--
Zip 095811 Day Phone 4/9- 393-BG7lo
Fax "-393-3477s �PeESTimE�
b. Authorized Agent:
Name /'1E17-,e/ A. Bue.0
Address /O/ MA�/ATEE .ST.
City State NG
Zip Z85951 Day Phone 9l9-393 Zi29
Fax 9!9 393 3075
c. Project name (if any) MxE.vs BAY
NOTE: Pernct will be issued in tame of la downerft), and/or
project wrne.
2. LOCATION OF PROPOSED
PROJECT
a. County �'ARTE,eET
c. Street address or secondary road number
�% $Ga7 WEST of /N>•E.QSKTio.V OF NG 2�
r S.P i//3 �ti So�TN Sio E aF Nc Z
d. Is proposed work within city limits or planning
jurisdiction? ✓ Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) r3o�uE sow vo
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
�oNST.ec.IC7�o�/ OF IVOOp .80AT
b. Is the proposed activity maintenance of an existing
project, new work, or both? t/ewCo �Te✓cno /
c. Will the project be for public, private or commercial
use? PRIvATE uSE OF /DES/lJE�/TS
o'c� B.4y
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. ��ePose of rPA�P
JS To �i✓6 /IccEss of S/h.9cc
AoA7-5 41z, {c/ATEi2G.PAL'>" To
- BOGUE SoU.VO. o T,2[rlT/O.t!
OL �/!r>7F ul/GL M6E7 O.e
ExcEEy A,/✓ RE6u4_4T/0,c/S
MAR 1 5 ;996
Revised 03195
w.1�l7i�IJ u L5ry
YN.r...................w..F
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 8448/9 Ac'eEs
b. Size of individual lot(s) . Z4ono S.FA,1111.NUA4
c. Approximate elevation of tract above NEW or
NWL FP�M 3'To 3o'
d. Soil type(s) and texture(s) of tract
kWW5' A va AP
e. Vegetation on tract OPEN /*Erns A �o
4c/obPGANPS
f. Man-made features now on tract .�EsioE.uriAG
/t'Osi4�, 0/EIS /% G'A,r'AGEs
g. What is the CAMA Land Use Plan land
classification of the site? (rowuir the taaal hard use pint.)
Conservation ✓ Transitional
•Developed ` Community
Rural`, Other .,
h. How is the tract zoned by local government?
-i. Is the proposedproject consistent with the applicable
zoning? ✓ Yes No
(Attach zoning m»pAance certificate, ifappUcabk)
j. Has a professional archaeological' assessment been
done for the tract? v,' Yes No
If yes, by whom? 6rArS i4acNaEcx o�ic gG OFG�cL
k'. • •Is • the -project located -in a National Registered
Historic District or does it involve•a National
Register listed -or eligible -property?:,
, Yes, . . V .No .
1. Are there wetlands on•the site? ✓ Yes _No
Coastal (marsh).', •Other
%If yes;''lias a delineationbeen conducted? ✓ '
(Attach docnnrntation, ifavailabk)
m. Describe existing wastewater treatment facilities.
1,W/ 1V/00.4L 5'6Or/G SYSr�MS
/.SEP7J'G TANCS)
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Alo.vE
o. Describe -existing drinking water supply source.
WEST GA.erE.2ET WATE,� G'a,2P.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
✓6 A copy of the deed' (with'state application only) or
other instrument under which the applicant claims title
.to,•the affected properties.. If ;the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus -written -permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 '1/2"` by, I1" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary. 11/4
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name BzcxE GOEPEL - Loo,e S�EACN
Address Pe. 46x 1/71/? &w6e, 4,0 /scE, Jc. Ze25`11
Phone 9/9-3ss/- Iyilel
Name FETE MO FL/T%
Address /O/ 1-446EN5 N/A✓ 5ww^igeegc- N-c. Z850
Phone 9/9- 393 - -7Z y,/
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
cawiA Pee.n.,.r
DENN�F Pzo✓ecru 9t�///8 (F�s 2� /9e5�
• sw6 95�oii�/(F�a e<; i99s/
•• P.e o.iecr 0e 9yoio zGA (FEQ i/, r494)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas. N/A
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N/A
Revised 03/95
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the / 9 day of ✓AA1wARy , 19 9G .
Print Name C6/7,V A. 8uc4
Signature �. A-r_EA17-
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_✓ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
D MI?r.
MAR 1 5 3996Lie
�!
n
uiJ J
.aca+waaawa� • a aaaawa�ei�•�
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
WOoD BOAT RAMP
a. Deek{s) err&op-Pter(s)
(1) _ Commercial _Community ✓ Private Soap.
(2) Number Iz3 tors
(3) Length 4e
(4) Width IZ'
(5) Finger Piers Yes ✓ No
(i) Number NIA
(ii) Length r.IIA
(iii) Width MIA
(6) Platform(s) _ Yes ✓ No
(i) Number to 1 A
(ii) Length tul A
(iii) Width r-dA
(7) Number of slips proposed nllA
(8) Proximity of structure to adjacent riparian
property lines i' I'
(9) Width of water body '/ ISO
(10) Water depth at waterward end of pier at
MLW or NWL EL — 0.9'
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
WooD Boor :94wtPOV62 MAr-Sti
LQ,--AM0 IN i✓1466ntS I5AY SUED. TO 5E
liSEO Fort Access To ScYUEScUAji)
]Fort SnnAu. Sowrs AntD WA7-e2ceAFT,
&6rE.: CuAt-cSD 14EAC>ING7r0 ISM A.
AND USED QJcSTtONS Fvr- DESCRtPf
,A-' '�, LowEc1 4.
A44; .l5 &A!/ $c.tBO/V/5/onl" F,QEOEE�
Applica�n/t /or P
Prroj
/ect Name
e o L
7Z'�- zY �3CccG - �alstT
Sig tare
.1An/u,4RI1 /9, /1116
Date
MAR 1 5 1996
Revised 03/95
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Mr. Lowell A. Fredeen
MAGENS BAY SUBDIVISION
104 Club House Drive
Cape Carteret, NC 28584
Dear Mr. Fredeen:
1A
L
IDFEE HNF1
March 27, 1996
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located off Hwy. 24, on Bogue Sound, @ the community park
in Magens Bay Subdivision, in the Town of Cedar Point, Carteret County. It was received on March
15, 1996, and appears to be adequate for processing at this time. The projected deadline for making a
decision is May 30, 1996. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial deadline
stated above, you should consider the review period extended. Under those circumstances, this letter will
serve as your notice of an extended review. However, an additional letter will be provided on or about
the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous point
along your property where it can be observed from a public road. Some examples would be: Nailing the
notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point
along the road right -of --way where a private road would lead one into your property. Failure to post this
notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact me if you have any questions and notify me
in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Cordially yours,
J .Mercer
Field Representative
JLM/dh
Enclosure
cc: John Parker
Charles S. Jones
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone 919-726.7021 FAX 919-247-3330
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Magens Bay Subdivision / Lowell A. Fredeen
2. LOCATION OF PROJECT SITE: Highway 24 East on Bogue Sound at the Community Park in
Magens Bay Subdivision, the Town of Cedar Point, Carteret County.
Photo Index - 1995: Strip #39 Frame #474
State Plane Coordinates - X: 2571200 Y: 342800
3. INVESTIGATION TYPE: CAMA Only
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 20, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - March 15, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County LUP Up -Date 1991
Land Classification From LUP - Transition / Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands and Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private / Community Boat Access
(E) Wastewater Treatment: Existing - Individual Septic System
Planned -None
(F) Type of Structures: Existing - Community Pier
Planned - Community Boat Ramp
(G) Estimated Annual Rate of Erosion: Nominal
Source - Personal Observations
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Blackneedle Rush / Boat Ramp
540 sq. ft.
(B) Non -Vegetated Wetlands
Bogue Sound Bottomland / Ramp
60 sq. ft.
(C) Other
Highground / Boat Ramp
120 sq. ft.
(D) Total Area Disturbed: Approximately 720 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open
8. PROJECT SUMMARY: The applicant proposes to construct an elevated wooden,,boat ramp next to
the existing pier at the community park in Magens Bay Subdivision in Cedar Point.
FIELD INVESTIGATION REPORT:
MAGENS BAY SUBD. \ LOWELL A. FREDEEN
PAGE #2
9. NARRATIVE DESCRIPTION: The development of Magens Bay Subdivision was
initiate about two years ago by Mr. Lowell A. Fredeen. The subdivision which is
located on the Outstanding Resource Waters of Western Bogue Sound was issued a
Major CAMA Permit # 65-94 on May 9, 1994. Since that date, construction of the
authorized roads, utility lines and the community pier have been completed in
accordance with the stipulated conditions. Through a misunderstanding with CAMA
requirements, an area of 404 Wetlands at the community park were filled in 1995 via
the Corps of Engineer's Nation Wide Permit process. A Notice of Violation was
issued by the Division of Coastal Management on November 10, 1994. Today, some
30 new homes can be found throughout the 123 single family lots and the 85 acre
subdivision.
The community park, which is the site of the proposed boat ramp, is situated on Bogue
Sound between lots 32 and 33 at the west end of Magens Court. As the workplat
drawing shows, the ramp will measure 60 feet long by 12 feet wide. The proposed
ramp will be located between the existing access pier and 1 foot from the west sideline
of the park. The structure will be elevated at least 2 feet over the 40 ft. wide fringe
marsh. Blackneedle rush dominates the Coastal Wetlands AEC under the ramp
alignment. Water depths in and around the proposed ramp are shown to be -1.3 ft. to
-1.9 ft. during mean low tide. The landward side of the ramp will extend about 10
feet on to the highground property.
10. ANTICIPATED IMPACTS: The proposed ramp, will generate a total foot print
value of about 720 square feet. Over the Coastal Wetlands, the elevated ramp will
shadow about 480 square feet of Blackneedle rush. Impacts from the' open pile
supported structure are expected to be short term and limited to the construction phase.
Existing shallow water depths and the restriction of no boat tie-ups suggest that the
proposed ramp will be used by small boats of the 18 ft Jon boat class.
PREPARED BY: JAMES L. MERCER
DATE: MARCH 26, 1996
Fc!rm DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
CE�q T
1. APPLICANT 52
/V
a. Landowner:
Name Z,*w EGG 14. PREOEE.�/
Address /661 cola W"-51E 1� e/✓£
City GAPE G,A,2TE.eET
State N G
Zip 2858V Day Phone c%/y" 343-86710
Fax 9/9-393-3075 60,pss7lGE0
b. Authorized Agent:
c. Street address or secondary road number
SCL7 WEST of /.V��S£c Tio,V OF n/G ZS�
f •Sie ///3 opt/ SO -Ts/ Sio E OF Nc Z
d. Is proposed work within city limits or planning
jurisdiction? ✓ "Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) s3o6u6 so�,.vo
OF PROPOSED PROJECT
Name a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
/D/ MA,VATEE ST. excavation and/or filling activities.
Address G01VS77eI.e7-10h/ OF k/aoo BOAT
PA/7�l� OVE,e it/IR�Sf/
City .6WA.V560R0 State
Zip Z85051 Day Phone 919-393-Z/Z9 b. Is the proposed activity maintenance of an existing
project, new work, or both? .t/EwG,�revcno �/
Fax 9/9-393-3075
c. Will the project be for public, private or commercial
use? Pe/VATS OBE Oi RES/DENTS
c. Project name (if any) pF N/�lG6N5 ,,4y
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE. Penret will be issued in name of Panda rft), and/or project. If more space is needed, please attach
project ear additional pages. Pt.,xPevsE of ae4,wv a
_ /5 To G/✓E iICcE55 A>F SMACL
goats -Alz> k/ATE.ec.eA<Y T
Pi06uE .�ouc/!>. �y.�/5T2UCTia�f/
2. LOCATION OF PROPOSED o< AC4/WP /cc MEE7 oe
PROJECT EJCGE6/D o vV 266ucAT oN5
/�AV/N� To PEE N/ET.
a. County G4,e7E,eE7-
MAR151996
Revised 03/95 w"•............... P..04AW.
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 8 '8/4 Ac ES;
b. Size of individual lot(s) . Zo, ocb b.F. M/NA.NUM
c. Approximate elevation of tract above MHW or
NWL AAoln 3'To 5o'
d. Soil type(s) and texture(s) of tract
WA5 A,vD AP .
e. Vegetation on tract OPE.v Fici.x 4Ajz>
WooDGA,�-BPS
f. Man-made features now on tract
11OiNESr 99% WAAD `nA,CAGES
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local rand we plan.)
_✓ Conservation
_ Developed
Rural
✓ Transitional
Community
Other
h. How is the tract zoned by local government?
R-Zo /REs✓oevriA�;�
i. Is the proposedproject consistent with the applicable
zoning? ✓ Yes No
(Attach zoning coppGance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Jy-' Yes No
If yes, by whom? STATE /Q¢CNAEAG06/LAL 4v5icE
k. Is, the 'project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
.. Yes . t/ No
I. Are there wetlands on the site? ✓ Yes _No
Coastal (marsh) Other
If yes, has a delineation been conducted? ✓
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
/NGN/D uq L SEOT/G SYSYEMS
eo Ez G Za,—V S)
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Alo_ .v,
o. Describe existing drinking water supply source.
WESTGveTE.eET FtIATE��O�J4
S. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
'10 A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If .the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary. N/It
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name B.eucE GoEPEL - Loos R,5Xe7y
Address Ro. Box 'sh1/7 Em,5e,4eo /.sLz , ..c. z85fll
Phone 9/9-ash- s/s/s/el
Name FETE i✓%�"G/TT "�
Address /O/ MA6EN5 WAY, J6• wAN56o,2o, Nc• z858y
Phone 9/9- 393 - 7Z I/ /
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
DEN.yR P.zo✓Ecr� 9r<ii/B /FEB 2� /995%
•• swB 9'fo/i�/CFEa is; /99'�
Pe0,1Ec7a 9r/0/0 ZCA(FES//�t99./)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas. N/A
• A statement of compliance with the N.C.
Environmental Policy AM (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N/A
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to,enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the i 9 day of JA.VuAay , 19 94- .
Print Name ?6171V A. Bane
Signature,49f4z. Ae_E.v7-
La do r or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
_
_✓DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
NJ3 M� 5 , r.
t,rs, '�
Revised 03/95
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
WO-D $OAT RAMP
a. Deek{s) enth'op4 ier(s)
(1) _ Commercial _Community ✓ PrivateSuBo-
(2) Number V5 Lovs
(3) Length &o'
(4) Width 12'
(5) Finger Piers _Yes ✓ No
(i) Number MIA
(6)
(7)
(8)
(9)
(10)
(ii) Length NI A
(iii) Width MIA
Platform(s) Yes ✓ No
(i) Number N I A
(ii) Length MI A
(iii) Width r-4 A
Number of slips proposed NIA
Proximity of structure to adjacent riparian
property lines {' I'
Width of water body '/ 11
Water depth at waterward
MLW or NWL EL - D.
b. Boathouse (including covered lifts)
(1) Commercial _
(2) Length .
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
Breakwater (e.g.
(1) Length
(2) Average
wetlands _
(3) Maximum
wetlands
end of pier at
wood, sheetpile, etc.)
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give mnplele desMpfion)
Wbo0-.$oAT-?AwtP oV62 MAO&14
I ^-ATED Im 04e-r ae, 5Ay SusD. 'To De
t15ED FoR Ac-._.-_ To 8ryoe Socoi C7
_ F02 SMALL- $OA'1Ts Aafo WAT Rte-EAFT.
iOTE A: CNAw1G�t 6O EACINGTo ITEM A.
ANO USED Quas-rtot.ts i=or- 172sclzt�°t.
Private LowE[G A.
/V%A6Ftl5 8AY Sc�80/V/S/an/- F,2EDEEF/
Applicanttoo Project Name
74
Sig titre
./ANUA,ey /9, /99le
Date
distance from MHW, NWL or
distance beyond MHW, NWL or
q 5 2f ;6
Mn4 �
Revicerl fil/95
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p A-0 �OGAMA BUFFE.e [/n/E
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Magens Bay Subdivision / Lowell A. Fredeen
2. LOCATION OF PROJECT SITE: Highway 24 East on Bogue Sound at the Community Park in
Magens Bay Subdivision, the Town of Cedar Point, Carteret County.
Photo Index - 1995: Strip #39 Frame #474
State Plane Coordinates - X: 2571200 Y: 342800
3. INVESTIGATION TYPE: CAMA Only
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 20, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - March 15, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County LUP Up -Date 1991
Land Classification From LUP - Transition / Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands and Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private / Community Boat Access
(E) Wastewater Treatment: Existing - Individual Septic System
Planned -None
(F) Type of Structures: Existing - Community Pier
Planned - Community Boat Ramp
(G) Estimated Annual Rate of Erosion: Nominal
Source - Personal Observations
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Blackneedle Rush / Boat Ramp
540 sq. ft.
(B) Non -Vegetated Wetlands
Bogue Sound Bottomland / Ramp
60 sq. ft.
(C) Other
Highground / Boat Ramp
120 sq. ft.
(D) Total Area Disturbed: Approximately 720 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open
8. PROJECT SUMMARY: The applicant proposes to construct an elevated wooden boat ramp next to
the existing pier at the community park in Magens Bay Subdivision in Cedar Point.
FIELD INVESTIGATION REPORT:
MAGENS BAY SUBD. \ LOWELL A. FREDEEN
PAGE #2
9. NARRATIVE DESCRIPTION: The development of Magens Bay Subdivision was
initiate about two years ago by Mr. Lowell A. Fredeen. The subdivision which is
located on the Outstanding Resource Waters of Western Bogue Sound was issued a
Major CAMA Permit # 65-94 on May 9, 1994. Since that date, construction of the
authorized roads, utility lines and the community pier have been completed in
accordance with the stipulated conditions. Through a misunderstanding with CAMA
requirements, an area of 404 Wetlands at the community park were filled in 1995 via
the Corps of Engineer's Nation Wide Permit process. A Notice of Violation was
issued by the Division of Coastal Management on November 10, 1994. Today, some
30 new homes can be found throughout the 123 single family lots and the 85 acre
subdivision.
The community park, which is the site of the proposed boat ramp, is situated on Bogue
Sound between lots 32 and 33 at the west end of Magens Court. As the workplat
drawing shows, the ramp will measure 60 feet long by 12 feet wide. The proposed
ramp will be located between the existing access pier and 1 foot from the west sideline
of the park. The structure will be elevated at least 2 feet over the 40 ft. wide fringe
marsh. Blackneedle rush dominates the Coastal Wetlands AEC under the ramp
alignment. Water depths in and around the proposed ramp are shown to be -1.3 ft. to
-1.9 ft. during mean low tide. The landward side of the ramp will extend about 10
feet on to the highground property.
10. ANTICIPATED IMPACTS: The proposed ramp, will generate a total foot print
value of about 720 square feet. Over the Coastal Wetlands, the elevated ramp will
shadow about 480 square feet of Blackneedle rush. Impacts from the open pile
supported structure are expected to be short term and limited to the construction phase.
Existing shallow water depths and the restriction of no boat tie-ups suggest that the
proposed ramp will be used by small boats of the 18 ft Jon boat class.
PREPARED BY: JAMES L. MERCER
DATE: MARCH 26, 1996
Ferro DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
a. Landowner:
Name LOW EGL A. FREOEE.s/
Address /04/ cwa f/ous& ZiR!✓L
City CAPE GA,aTE eEr State
Zip 0B5B51 Day Phone 9/9-2`29'674
Fax 9/9-393-3075 �GeESriaE�
b. Authorized Agent:
c. Street address or secondary road number
eCe2 WEST rloA/ of NG 21/
s S.F ///3 ok So�T// 5/0 E of Nc. Z
d. Is proposed work within city limits or planning
jurisdiction? ✓ Yes - No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) t3d6uE SouNO
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name l,�Eir�/ .4 BucC a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
/D/ A�/A�/ATEE .ST. excavation and/or filling activities.
Address CovsT.eGeri-.y OF k/000 80g7-
RA!✓JP ovE,e .yIA,ES.S/
City SwAusBoeo State NG.
Zip. Z858-'l Day Phone 9l9-39.3-Z/29 b. Is the proposed activity maintenance of an existing
project, new work, or both? ,t/ewCo.�revcno �/
Fax 4/9 393-3075
c. Will the project be for public, private or commercial
use? f/VATS GSE OF f7E5lOENTS
c. Project name (if any) OF MACE vs ewy
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE. Permit will be issued in mme of i mdowner(t), andlor project. If more space is needed, please attach
project name additional pages. w7P
_ /.5 To G/✓E /�GCESS of SMALC
_�goars Avo k/Ar� Pam To
_BOIoUE Soucro. G'o.�lSrevsrivc!
2. LOCATION OF PROPOSED cf 10141wP ta!!GG MEE7 dole
PROJECT ErccEEy ANY 2E6uGATiO c/$
LLAVING To P6 �//ET.
a. County
MAR 15
Revised 0319S r......... I .... eaunanas&o
Form DCM-MP-I
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 8 8/9 Ac ems
b. Size of individual lot(s) Za, ocb b,F. M/N/.NUA4
c. Approximate elevation of tract above MHW or
NWL FeoM $'To 3o'
d. Soil type(s) and texture(s) of tract
Was AND 44
e. Vegetation on tract OPEN FiE1�5 �No
I,c/abpLA.�IOS
f. Man-made features now on tract �ESioF�[T�AG
/70A465, an% 4,A-w GAEAGES
g. What is the CAMA Land Use Plan land
classification of the site? (Consuu the local lm d use plat.)
_✓ Conservation ✓ Transitional
_ Developed Community
Rural Other
h. How is the tract zoned by local government?
�-Zo IR�oE.vriAL;l
i. Is the proposddproject consistent with the applicable
zoning? ✓ Yes No
(Attach zoning cotpliance nrdficate, if applicable)
Has a professional archaeological assessment been
done for the tract? _v-' Yes No
If yes, by whom? STATE //RCNAEa[ oG/CgL OFL/ce
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed -or eligible property?
Yes V No
1. Are there wetlands on the site? ✓ Yes _ No
Coastal (marsh) Other
If yes,'has a delineation been conducted? ✓
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
/NOiy/�uAL S6oT/G SYSTEMS
/SEPT/G T.4,clCS)
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) AkAI,6
o. Describe existing drinking water supply source.
!n/EST CA.e7-E.eET /s/ATE,� �O,2P.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary. /J//t
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name B,QtKE GOEPEL - Loo.e rS6AGTy
Address P.o. d5vx 1/7d7, 6wEeAco 15LZ /Vc: zas911
Phone 9/9-3s.V-
Name PETE MOFG/TT
Address /a/ A f466AW WA-10 6w4N96o2o, A/-c. ZS58l/
Phone 9/9- 393 - 7Z V,/
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
,� cA/wA Pee/�r�r
DEs/N.P P.zo.�ECTie 9{////B /FEB 2; i995�
/, •, SwB 9'fo//e/CF�B i/f, /99tF
Pzo✓ccr= 9r/010 zcA CFEd /// t99y)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas. N/A
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N/A
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the i9 day of JWA/-A.ey, 19 9G .
Print Name C6/7// A. Bane
Signature 4�- Z:5� AGEMT
Landow er or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
_
_✓DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
I p1lr)1111"r-I`
�5
w
Revised 03/95
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all
(1) _ Commercial _Community _ Private
other sections of the Joint Application which relate to
(2) Number
this proposed project.
(3) Description of buoy
woov Soar RAMj
(Color, inscription, size, anchor, etc.)
a. Deele(s)et>&or44er(s)
(1) _ Commercial _Community ✓ Private6uso.
(2) Number Iz3 LOTS
(3) Length de
(4) Width of water body
(4) Width 1 z'
(5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes ✓ No
shoreline
(i) Number tJ[A
(ii) Length PJI A f.
Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width "[A
(1) _ Commercial _Community _ Private
(6) Platform(s) _ Yes No
(2) Number
(i) Number tit I A
(3) Length
(ii) Length ntl A
(4) Width
(iii) Width r,4 A
(7) Number of slips proposed NIA g.
Other (Give corptete description)
(8) Proximity of structure to adjacent riparian
W6oD'.$oAr: Ar_tPOV62 MAeSr1
property lines "' I'
Lo tTED IN MA"nts 5A-i Sut3o. To Se
(9) Width of water body '/- IBo
USED Fog Acces To Sc�ueScuND
(10) Water depth at waterward end of pier at
1-02 SMACA. $aATS A"o WA-rttzceaa-r,
MLW or NWL EL - O.4'
nlorE: cuanicEo dEAO1P4GTC ISM A.
ANo USct7 Quas-rtot4s FoK 17EScRtPi.
b. Boathouse (including covered lifts)
(1) Commercial Private
LowE/-o A.
(2) Length
MA6E.a/5 BAY SUBS/V/S/onI- F2EOEE.�/
(3) Width
Applicant o Project Name
c. Groin e. wood shee ile etc.)
( g• tP� � )
S' lure
(1) Number
(2) Length(s)
. 4AIVARV
Date
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
Maximum beyond MHW,
� r
aE -�
(3) distance NWL or
D wl .
wetlands
0 4�tAR � 5 ,ri
i�irawwwwwawrwwwwwwit#EE�KiB,
Revised 03/95
J
V IG /nJ
a
CD
� - w
�o6uE
SouNa ,�'
iTl/SKET� �U
G /NE
CD
IMAGG'.--/S L ou�T
\ WEST SO.SIN/
I
m - I
'O U NEXT AIJ..l7/N/NG Tt�
A1...f
0� p o P,eoP. oW�/E.e
77/6 EAST.
��Or,L �. \ SNAoEO AREA REORES CLAYS HAR 1 j!a,jO
WET(1JA/DS I L✓ETGAn/�S F/GLED.
No. 9 f///g I '^s.6 e '
'Y •? �rwlwe•aiae wnnw••n•nowai¢Ti:
M0M1IUMEN7 SA��TES-
SET FOR RAMP /. WETCAF/0 LOCAT/O// Ar'PI;oVEO USGE
ACE/G/✓MENT 2. SEO/A.fENTAT/ON GGA.�/ APF,po✓E�
A.v0 cA.✓+A 5Y0.!'M wATE.P PLi7.c/ Av^PRA/SO
REFS ,4Av 14 � , m L✓ETLANOS EG ,14T/ON 8AEf0 O/•/ �NEAn/SFAIE�.fL
> O G/NE ? CONG. MM/UME,C/7' �"ET ruQ GAi.-/A
i `` / G• OAFS I
AREA /A/ P,P/v/ITE AEG ESs
APPROK. /Bo' Ac-eoss
a A:� Cs/ANNEL.
N�%d _p ?GJGAMA BUFFEF L/NE
a
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Magens Bay Subdivision / Lowell A. Fredeen
2. LOCATION OF PROJECT SITE: Highway 24 East on Bogue Sound at the Community -Park in
Magens Bay Subdivision, the Town of Cedar Point, Carteret County.
Photo Index - 1995: Strip #39 Frame #474
State Plane Coordinates - X: 2571200 Y: 342800
3. INVESTIGATION TYPE: CAMA Only
4. INVESTIGATIVE PROCEDURE: _Dates of Site Visit - March 20, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - March 15, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County LUP Up -Date 1991
Land Classification From LUP - Transition / Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands and Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private / Community Boat Access
(E) Wastewater Treatment: Existing - Individual Septic System
Planned -None
(F) Type of Structures: Existing - Community Pier
Planned - Community Boat Ramp
(G) ;Estimated Annual Rate of Erosion: Nominal
Source - Personal Observations
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Blackneedle Rush / Boat Ramp
540 sq. ft.
(B) Non -Vegetated Wetlands
Bogue Sound Bottomland / Ramp
60 sq. ft.
(C) Other
Highground / Boat Ramp
120 sq. ft.
(D) Total Area Disturbed: Approximately 720 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open
8. PROJECT SUMMARY: The applicant proposes to construct an elevated wooden boat ramp next to
the existing pier at the community park in Magens Bay Subdivision in Cedar Point.
FIELD INVESTIGATION REPORT:
MAGENS BAY SUBD. \ LOWELL A. FREDEEN
PAGE #2
9. NARRATIVE DESCRIPTION: The development of Magens Bay Subdivision was
initiate about two years ago by Mr. Lowell A. Fredeen. The subdivision which is
located on the Outstanding Resource Waters of Western Bogue Sound was issued a
Major CAMA Permit # 65-94 on May 9, 1994. Since that date, construction of the
authorized roads, utility lines and the community pier have been completed in
accordance with the stipulated conditions. Through a misunderstanding with CAMA
requirements, an area of 404 Wetlands at the community park were filled in 1995 via
the Corps of Engineer's Nation Wide Permit process. A Notice of Violation was
issued by the Division of Coastal Management on November 10, 1994. Today, some
30 new homes can be found throughout the 123 single family lots and the 85 acre
subdivision.
The community park, which is the site of the proposed boat ramp, is situated on Bogue
Sound between lots 32 and 33 at the west end of Magens Court. As the workplat
drawing shows, the ramp will measure 60 feet long by 12 feet wide. The proposed
ramp will be located between the existing access pier and 1 foot from the west sideline
of the park. The structure will be elevated at least 2 feet over the 40 ft. wide fringe
marsh. Blackneedle rush dominates the Coastal Wetlands AEC under the ramp
alignment. Water depths in and around the proposed ramp are shown to be -1.3 ft. to
-1.9 ft. during mean low tide. The landward side of the ramp will extend about 10
feet on to the highground property.
10. ANTICIPATED IMPACTS: The proposed ramp, will generate a total foot print
value of about 720 square feet. Over the Coastal Wetlands, the elevated ramp will
shadow about 480 square feet of Blackneedle rush. Impacts from the open pile
supported structure are expected to be short term and limited to the construction phase.
Existing shallow water depths and the restriction of no boat tie-ups suggest that the
proposed ramp will be used by small boats of the 18 ft Jon boat class.
PREPARED BY: JAMES L. MERCER
DATE: MARCH 26, 1996
Form DCM-MP-1
APPLICATION
jro be completed by all applicants)
b. City, town, community or landmark
CE�q t? 1. APPLICANT >52&cZT
a. Landowner:
Name Llow EGG 14. f,¢eriEEn/
Address /�`� eu�s ,S�orisc aRn/c
City CAPE GA5Z7EFeE7-
State Al e
Zip Z85B11 Day Phone 9/9-31-8674'
Fax 4i/9-393-so7.s �PeEsriaE�
b. Authorized Agent:
Name �E/rf/ 4' 8uc e
Address AV Sr.
City-5WA.vea0er> State Nc -
Zip Z85951 Day Phone 919-393-Z/Z9
Fax 9/9 393-3075
c. Project name (if any) _ M�EVS 8.ey
NOTE: Perndt will be issued in now of Landow (s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County e4--,rE,eE7-
c. Street address or secondary road number
'/- '8C0'WEST of Tio,A./ of n/C 21/
r --5R ///3 0// So�Ti/ 5/o E of NG Z
d. Is proposed work within city limits or planning
jurisdiction? v' -Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) r3o�uE Seuy0
I DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
�oNSTieUC7/off/ DF !c%o .BOAT
fk'41Yl"o ovE,e A4'4RSi/
b. Is the proposed activity maintenance of an existing
project, new work, or both? c%wCo �revc»o J
c. Will the project be for public, private or commercial
use? RIZIVATE L`5E O,-
RES/RENTS
O'c� MAGENS B,yy
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Pi/RPOSE o,-
,�AIYJP
1S T G/ve i%cEss of Smarr
AoaTS /lt/D IWAT6.PL.PALi To
f3o�uE Sou.��. (yt/57,e�rCTio,V
OL �LfMG W/LL ME6> O.e
EtccEEp A,V✓ .PE6uG47-10A S
MAR 1 5 +9?6
Revised 03/95 rrraraaurraoneaanaY Qd
Form DCM-MP-1
4. LAND AND WATER
a. Size of entire tract 84619 .4 e6-5
b. Size of individual lot(s) Ze om S.F• M/,y1.N0A4
c. Approximate elevation of tract above MHW or
NWL Feoir, 3'72, 30'
d. Soil type(s) and texture(s) of tract
k/a$ AND ,4P .
e. Vegetation on tract GIAE,v F.Eios A.jd
WOOOGANPS
f. Man-made features now on tract c�Es�o�m�ra
_ NVA4l-sr GiEQS W/ w G'A.2AGEs
g. What is the CAMA Land Use Plan land
classification of the site? (consuit the local tand use plan.)
_✓ Conservation
_ Developed
Rural
✓ Transitional
Community
Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? ✓ Yes No
(Attach zoning corpGance cemficate, if applicable)
Has a professional archaeological assessment been
done for the tract? y�l Yes No
If yes, by whom? STATE 4Rc11AEGy o6/CAG Ooc;e/cz
k. Is the 'project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
.. Yes . V No
1. Are there wetlands on the site? ✓ Yes _No
Coastal (marsh) Other
If yes,'has a delineationbebn conducted? ✓
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
/MWV/OUAL SSPT/G SYSYEitaS
/SEPT/G TA.c/CS)
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Alo,yc
o. Describe existing drinking water supply source.
lk/E57-G'A.eTEfe7- A/AT,�,e COP.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
✓6 A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary. 01/4
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name 1JC4A--6 GoEPEL - LooK RS4e71
Address 00. 25oX le*Z,, EI91FieACO /SLE, ,l.C. ZBsTV
Phone i/Vs/el
Name PETS MoFeir7 /
Address /o/ MA6EN5 kV4V,, SWAN5enea n/-c. ZS581y
Phone 99/- 393 - 7Z 5/'/
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
„C- cAw/A PE.eM.r
DE.�/,v,F PzoJEcr� 9t/ii/8 /FEa ti /995%
" PRoJEc7ri yyo/ozcA(FEe/�,t994)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas. N/A
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N/A
6. CERTIFICATION AND PERNIISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 79 day of JAn/uA.¢y, 19 94- .
Print Name L'6/7/1 A.
Signature,A.( Z. r���J Aae yr
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
_
_✓DCM W-4
Structures Information
_ DCM MP-S
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195
:y.r...w�aia� eta. n d'+Ad'wBd�iIJA�
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all
(1)
_ Commercial _Community _ Private
other sections of the Joint Application which relate to
(2)
Number
this proposed project.
(3)
Description of buoy
WooD Hoar RAMP
(Color, inscription, size, anchor, etc.)
a. Deek-(') en&eFP*r(s)
(1)
_ Commercial _Community ✓ PrivateSuSP.
(2)
Number 125 Lors
(3)
Length Eo'
(4)
Width of water body
(4)
Width l z'
(5)
Distance buoy(s) to be placed beyond
(5)
Finger Piers —Yes ✓ No
shoreline
(i) Number MIA
(ii) Length �1I A f.
Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width MIA
(1)
_ Commercial _Community _ Private
(6)
Platform(s) Yes ✓ No
(2)
Number
(i) Number u I A
(3)
Length
(ii) Length A LI A
(4)
Width
(iii) Width r-qA
(7)
Number of slips proposed MIA g.
Other (Give complete demipnon)
(8)
Proximity of structure to adjacent riparian
Woo
o-Isar 1:AmPOU62 MAesrl
property lines + I'
Ln-ATr_D
Int AM"t4s 5Av suso. To 5E
(9)
Width of water body '/ Ieo
05ED For- Aces To 5c�--ueSooND
(10)
Water depth at waterward end of pier at
1=02 -SMALL. 13vA"�rs A14o WA•rettceAF-r.
MLW or NWL EL — D•9'
&Ie
rE: CNAMCEO /yEAOIhtGTo hrEM A.
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
II
Breakwater (e.g.
(1) Length
(2) Average
wetlands .
(3) Maximum
wetlands
wood, sheetpile, etc.)
distance from MHW, NWL or
distance beyond MHW, NWL or
AWO USED a06Srt0NS �otc 17E5c2tt°'l.
�owE/-G A•
M4C/5 014Y 60�610/V/Sionl- F2EOEE�/
Applicant
0 Project Name
s' t,6
JAN J,4A'V /9, /99(0
Date
43A9 1 5 .
Revised 03/95
YiaaMwaaUna aaaaaai%7,r > W
I'
�o6uE
Cj �� SouNO
Vie /n/ i T / S KETG /
a
av�
MAGGN� L ou.0 T
\ wEST SO,C/H/
ARG + /0. 07'
C D ^ ,j
�WETCAniJS � ��
W.
in W
N
O Q 2PETE MOFF/TT
ZO ; ' NEKT f1A.10/7- y�
OH/.�/,TE.e TO U
N • ' 0 TJ/E EAST
2// i• NJTE-
YOY SNAoeo AREA /l EPRES C/VTS
WETL,4/JDS !n/ETCAn/OS F/G�EO.
I�
1 � ;'
1Ylwnrcxraia�nroew�nnunew':RSG
Ma.Vun�Ent TS
t _
'�^
NO%ES.
sET FOR RAMP
/. WETLAF/U COCAT/OA/ APP�G'JVEO USGE
ACE/GNMEn/T
Z. SEO/MEN TATjON PLAn/ APF,PCWE[i
A.vp cA.✓�A
REFER6,a/cE
S' •
:: m
[a/CTGgN05
STO,PMWATE.P P[An/ ArP,C'A/SD
A7701,1 &AnFD O/•/ MEAN 5£A!El.Fj
'
�
C/NE7
CONL.MGx/UME(!T5 6E7 r'aQ C„q�yA
S.G.M.
AREA /n/ P,E'/vNTE ActESs
8 7) /4,OPXoK. /80' 4c Boss
If{ f � 1-0 r _iJ'GAMA BuFFE.P C/. ,E
J�MARSIV L/
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Magens Bay Subdivision / Lowell A. Fredeen
2. LOCATION OF PROJECT SITE: Highway 24 East on Bogue Sound at the Community Park in
Magens Bay Subdivision, the Town of Cedar Point, -Carteret County,
Photo Index - 1995: Strip #39 Frame #474
State Plane Coordinates - X: 2571200 Y: 342800
3. INVESTIGATION TYPE: CAMA Only
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 20, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - March 15, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County LUP Up -Date 1991
Land Classification From LUP - Transition / Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands and Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private / Community Boat Access
(E) Wastewater Treatment: Existing - Individual Septic System
Planned -None
(F) Type of Structures: Existing - Community Pier
Planned - Community Boat Ramp
(G) Estimated Annual Rate of Erosion: Nominal
Source - Personal Observations
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Blackneedle Rush / Boat Ramp
540 sq. ft.
(B) Non -Vegetated Wetlands
Bogue Sound Bottomland / Ramp
60 sq. ft.
(C) Other
Highground / Boat Ramp
120 sq. ft.
(D) Total Area Disturbed: Approximately 720 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open
8. PROJECT SUMMARY: The applicant proposes to construct an elevated wooden boat ramp next to
the existing pier at the community park in Magens Bay Subdivision in Cedar Point.
FIELD INVESTIGATION REPORT:
MAGENS BAY SUBD. \ LOWELL A. FREDEEN
PAGE #2
9. NARRATIVE DESCRIPTION: The development of Magens Bay Subdivision was
initiate about two years ago by Mr. Lowell A. Fredeen. The subdivision which is
located on the Outstanding Resource Waters of Western Bogue Sound was issued a
Major CAMA Permit # 65-94 on May 9, 1994. Since that date, construction of the
authorized roads, utility lines and the community pier have been completed in
accordance with the stipulated conditions. Through a misunderstanding with CAMA
requirements, an area of 404 Wetlands at the community park were filled in 1995 via
the Corps of Engineer's Nation Wide Permit process. A Notice of Violation was
issued by the Division of Coastal Management on November 10, 1994. Today, some
30 new homes can be found throughout the 123 single family lots and the 85 acre
subdivision.
The community park, which is the site of the proposed boat ramp, is situated on Bogue
Sound between lots 32 and 33 at the west end of Magens Court. As the workplat
drawing shows, the ramp will measure 60 feet long by 12 feet wide. The proposed
ramp will be located between the existing access pier and 1 foot from the west sideline
of the park. The structure will be elevated at least 2 feet over the 40- ft. wide fringe
marsh. Blackneedle rush dominates the Coastal Wetlands AEC under the ramp
alignment. Water depths in and around the proposed ramp are shown to be -1.3 ft. to
-1.9 ft. during mean low tide. The landward side of the ramp will extend about 10
feet on to the highground property.
10. ANTICIPATED IMPACTS: The proposed ramp, will generate a total foot print
value of about 720 square feet. Over the Coastal Wetlands, the elevated ramp will
shadow about 480 square feet of Blackneedle rush. Impacts from the open pile
supported structure are expected to be short term and limited to the construction phase.
Existing shallow water depths and the restriction of no boat tie-ups suggest that the
proposed ramp will be used by small boats of the 18 ft Jon boat class.
PREPARED BY: JAMES L. MERCER
DATE: MARCH 26, 1996
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
a. Landowner:
Name ZoWELL 14. �',eEOEEn/
Address 1041 Cu/e 11fa-56 a,e/✓z
City CAPE G.4.2TE.eET State N. c
Zip ZeaB'/ Day Phone 9/9-0'73-8G 7eo
Fax ef/9-393-3or5 (PeEsricE�
b. Authorized Agent:
Name .Eire/ A Bc/eC
Address /0/ A4-4A.-A7-6E Sr.
City .SwA.vsaO,eo State N,:�
Zip Z85851 Day Phone 919-393 ZiZ9
Fax 9/9 393-3075
c. Project name (if any) _ M�EVs B/911
NOTE: Permit will be issued in Mme of fando r(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County G'ARTEs_ET
c. Street address or secondary road number
'Y SGY� WEST of /N�EUKT/o V OF A e eel
d. Is proposed work within city limits or planning
jurisdiction? ✓ ' Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) 13oeouE uCOUNO
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
CoNST.etKT/�N OF A IC4O .8047'
RA/Y%� Ovgg it/1.4Rs—W
b. Is the proposed activity maintenance of an existing
project, new work, or both? wCo �revcno �/
c. Will the project be for public, private or commercial
use? Pelv/lTE V6'E OF /DES/vEVTS
OF e'4y
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. f uRPOSE of
15 To S/✓JALG
BOATS 4".p Lc%4 TE,QC,PfJF'i To
B06uE Sou.V17 Co.�.�TQva^T/o.(!
OL AS41K,G uJiGL M6E7 O.Q
_ ErcEEy ANY .P56oe-4r/o,c/S
MAR 1 5 Aini.)5
Revised 03/95
LJUL�' =' LiL-J--CV
Y..................... �.W
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 844,6197 AcREV
b. Size of individual lot(s) Ze oco S.F. MiviMuiy
c. Approximate elevation of tract above MHW or
NWL F2oly7 3'7o 3o'
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract GIoEN F1E1o5 A.12>
WeaoOGAa.tOS
f. Man-made features now on tract �Es�oriAc
110.10,55. QEQ5, 4'A.AD leA,eAGES
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the tacat is d ttse plan.)
_✓ Conservation ✓ Transitional
_ Developed Community
Rural Other
h. How is the tract zoned by local government?
>�-ZO �iPES/OE,c/7yA L�
i. Is the proposedproject consistent with the applicable
zoning? ✓ Yes No
(Attach zoning compliance cer7ificate, if applicable)
Has a professional archaeological assessment been
done for the tract? _v,' Yes No
If yes, by whom? 57ATE �RCNAEaG06/CgG OF�ic�
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _ V No
1. Are there wetlands on the site? ✓ Yes _No
Coastal (marsh) Other
If yes, has a delineation been conducted? ✓
(Attach documentation, if available)
in. Describe existing wastewater treatment facilities.
/.VGiVlIJu.4L SEOT/G SYSTEMS
/SEPT/G T.4.c/CSi
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) .c%.Vc
o. Describe existing drinking water supply source.
WEST GA•eTEeET �/ATEe COMP.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
✓* A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03195
l —.
.. / W
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary. NJIA
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name f32tKE GOEGEL - Loo.L /SEA[7V
Address Ro. Ziox th*Z eEwseACO /ac6 /Vc. ze59I/
Phone 9/9-asl-
Name PETS MOFL/TT
Address /O/ MAGENS w4y, 6wAN56o.eo, n/-c. zss-a
Phone 9/9- 393 - 7z yV
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
CA/NA PCX2 /7-
DEh/ .? P.2o✓ECT� 9t//// FEB 2/ /99s
•• •• SwB 9'fo/i/JC�s /s; /99t/
•• PRo✓ECT a yyo/o zcA (Fea //, tgey)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas. N/A
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N/A
Revised 03195
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the /9 day of ✓AAvuA.ey, 19 94- .
Print Name YE/7W A. B/lCL
Signature 14eE.1-7-
lcndowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
✓DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
0-
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e
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Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all
(1) _ Commercial _Community Private
other sections of the Joint Application which relate to
_
(2) Number
this proposed project.
(3) Description of buoy
wooer Boar RAMP
(Color, inscription, size, anchor, etc.)
a. Dftle(t) an&w-Pier(s)
(1) _ Commercial _Community ✓ Private Sueo.
(2) Number _ IZ5 Lors
(3) Length &a
(4) Width of water body
(4) Width 12'
(5) Distance buoy(s) to be placed beyond
(5) Finger Piers _Yes ✓ No
shoreline
(i) Number Hiker
(ii) Length rJl A f.
Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width rIIA
(1) _ Commercial _Community Private
(6) Platform(s) _ Yes No
_
(2) Number
(i) Number NIA
(3) Length
(ii) Length NI A
(4) Width
(iii) Width r-U A
(7) Number of slips proposed titlA g.
Other (Give complete description)
(8) Proximity of structure to adjacent riparian
W000 .$oAr IZ4tP OV62 MAOSR
property lines + 1I
L.&-ArED IN 04eist.is SA-i 5uao.'To SE
(9) Width of water body '/- too
yseo Fop- Ac-Ess -ro ScY uE Soc�N Li
(10) Water depth at waterward end of pier at
Foe SAnALL SoA".�rs A,"o WATEEG¢AF•r
�
MLW or NWL EL — 0•4
TOTECED Iy
_&: caANEAOING'To ITEM A.
AND OSEP Q06STIOMS FOrLt7ESCIZO-r.
b. Boathouse (including covered lifts)
(1) Commercial Private
LOWEcG /�•
(2) Length
A44aSAl5 BAY $UBO/V/S/onl- L2EOEEF/
(3) Width
Appliea��ntto/of Project Name
c. Groin (e.g. wood, sheetpile, etc.)
S' tme
(1) Number
(2) Length(s)
1010.4Ry /9, i99lo
Date
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
®.r
wetlands
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Revised 03195
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