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HomeMy WebLinkAboutDEN-Magens Bay SubdivisionyYat w Afo, 2sY2 NO-4s2-000> qw'e y .i" g...,,ss•. 3� 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 1 1 J 1 13� I ( i � 1 \ � 13g1 391 y01 s129( ' i 1 1 I 1 1 1 301 3 i 13.2 I 13*1 36kO � 1 (33 I Si (Si '_ �` 43, 4f� *3 (*2 4/1 67— i 1 5o J 41 4$ 47.1. 7 Z 7/ 3 N SC -ALE: 1" = 300' (Wetland Lines Paced) JUNE - 1989 'ION (Not Flagged) .NAGEMFN-r CONSULTANTS . I NC - 404 W1 IE30,C7wXJ1E SP0 WHITE OAK TOWNSHIP - f 2. 2S 2- /,1 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: �•• co..p.r. nee,. f..Wo. ere,.aara„w ...k... i .leo wbn fo receWe fne wren vO11"TM e"d eoe"•' w m ^w.. or w. ram w w,.e..e ee wrvlcee Ilor en e.[re Y r e •Arum Na re emwr� ❑Addreueei Aed,eu ,F4 4v. M pnrlt. Wrlr. Addq.opfl.pw.uT'm W^yy,e,bbnW �wnpw •'m,nw.e newr.a,m�u.weweye. 3. ❑fleefrlc[ed delivery GF Cm.uh ANmy.fw for lee. ¢ 3. Ge leued to: 4. ANde Nrenber 8r✓cc-soeneJ S 79 / 4C. T Cln.,.a'p O IPw,ed � Eme odcl Ssle, NC AB594 et-.dfw Cl cm ,g ❑ F.preu Men u &WT RBu1Pf lo, i T, oe[e of owro«y � 6, Sprvme PEdreeewl I, DwemE.r teat .uaao mo-mru ppMESTIC RETURN RECEIPT _ JEm N CA r J w V n m e a ge a v = J « w � r � m L �I1 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-\^ "ESL 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 • Complete items i and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to the article number. ki Article Addressed /to: ee �r-C (L (Agent) I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery 4a. Article Number 4e. Jervlce type ❑ Registered ❑ Insured ❑ Certified ❑ COD ❑ Express Mail ❑ Return Receipt for —rfV'`7(- -ssee's Address (Only if requested ae is paid) RETURN REGEIPI United States Postal Service Official BusinessMAIL Y,Zt�'j'j ��•� �•� ,C �"r.j� �\��!'�,S,1/Gltj `'1 PENALTY FOR PRIVATE USE, $300 �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, %\L.w - 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 .7 TOTAL F.04 .TClFI-i.3 199E 69:37 r F wh PROM DCG MOREHEHD 919 24q _33r9 TO DChi-RAl EIGH P.02 ✓-�2 n `JUN-13-1936 FROM DCM MOREH[AD 91'.� 247 J330 I 01-11-s+LEIu* p.uj ---------'-----' ` / , � . --__--___-----'----''--_-____`_____----_--- ` -_- __-_----'--_--_---------- �;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 I' 'A U Y/G /n// a 1'o.N7'Z ewer �06U� SOUND / TV 5e67C H�l�lp WICreA 0S L l".e 'Z 4/0V W6764A 06 CD V C-D W IMAGENS L. ou.2'l j�ARc..O.o�3 • � R/w Q �PETE Q MOFF/TT� A/EXT AO,.(�j/N/N6 p ' o PeOR OWNS P 7a 7W,5 EA5T N a MOAJVMENT$ < SET FO A' RAMP AL E/GNMENT A.vO LAMA REFERivcE NOTE: S'NAOEO AREA REPiPE5CNT3 L✓ETLAa/•�%S FILLED. ,' OEM PRo✓EC7 NO. 'Ff///g MAR 1 5 ms MM��w�YY�/Y w oo•�o�w�. .(/OYES. /• WETGANO fOCAT/OAI AVP.E'OVED USCE SEO/n.rENTAT/ON GGAn/ AACRO✓Ep ETOA?M w.O TER PLAA/ ApPA?O✓SO WE7144N05 ELE✓AT/ON BASED O/V /�AEANSFA(Et.FL 7 67Cwe—GPE.NH1LwU4 ee'V0 .R.suE/.77% UVOn/ AREA Pam fTE AfC.GSs APPROX. /t30' Ac.ecSs CHANNEL . .^OGAMA CUFfE.e L/.VE S.L.M. RAMP /'OAF AP1eROX. CA�.O /MARSN f /"E TO P.f ^CIe7Y' �/� — APPROX. N/GN WATER L/NE n4A/'SNf (../,DYER L.NE dLuuE SoLJND +9 Exi5 T/.vc woo,o P/6�P oto p05 EO /Z'X (gyp' BU/LT {•+//TN GAM/1 51 woos d0^TRAMP( APPAb✓AL U560 BY RES/DENTS / OL MA6EA/5 BAy ta�HO/✓/3/ON ONLY a0' IZ I PLAN V/EW /.--------- ----------- 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 7RE�TfO �'/�.tc l+/ee�O ao.4T R�9n-�P LO wEGG A. F.E'E�EE/V O E_ t/EG Ul�MF..t/7' o _ J�/An/L/A eY i 9. /7YG I '730ZSS 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 AMwq�wa�a�u�wYaaai#flR�. I .�G MACENs L OU�C'T t M�aEw�a \ wEST vO,P/w IV WAY e v7 `Qr C D \ y� F h �Lrl q V Z OV qy R/wz Y or Z M Sri+•. � ry � `<w r �o6uE y0 2 Vic/nl/T`/SR'ETG.y��I'��.. f ,u S � tiN W . IA 1 v 0 _ �Q zPETE ,�.�oFFirT _ Vl N T7K5 EAST E.e Tb WuorE: MAR 1 5 i9�o YO`Y SNAOEO A.PE,q REPRES C/vTS N � 2WETLq,VD.S •,l A/ETG�pa/OS FiGC EO. ,' OEM P�o./EGT NO, 9 F///g • . ��" �igN1YlYMdYYYgi MqM/gnrzgpgqYY(fjj ,'(� MO,VVMENTS f . /VOTES. ill 5E7- FOR AAMP /. WETLAF/D LOGAT/OA/ A1lRkCOVEO 05GE AGE/c,�/MENr Z. 0EDI"6)VTAT/0N PGAA/ APAeovEGU J� A.vO cA.viA .57'lPRMWA7-2:R PLAA/ i�ppRo✓SO REEEK6NcE m WE7-411.v05 EG6✓,4T/ON 64560 Or//�fEAn/SEAIEiFl Q � .. '`' O G/NE7 CoNG.Mdt/UME.I/TS 6ET r[aQ G.q i✓7A S.G.M. �' (V; .l / 6• TNE.PE W/GC BE NO'F-01 .T YJ?/� '�°., AREA /�/ P,E'jviCTE Acc E55 V m °. iu - 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- T e :s+w«...:a�ayn r+. d ♦idwJe�grNR� 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 r,Iv, +pinrrNirrrrrrwrrraii#A. Revised 03195 tO in/T HaaEws wwy t �o6UE S�T� SouNo +/'a Ylu+iJi TV f;; eETc a 13...r. \ D IMAGC.NS L.>u.CT ARG+/0o7' a� \ � � Q ZPETE MOFF/TT �O N NEXT A klAl— F 7- Z s i; T'•i 0 . ol° PeoR own/EeTo jl [ iY (� 0 771E EAST wa,..l YOY 11 SNAOEO AREA REPRESCNT3 `'���� � � I:�:Yia �� `" k/ETLA,VDS /'✓ETGAn/OS FiGGED. ,' DEM PIPOJECT NJ, ytL///g .. ! �; A+Y/rbrrnrnwrrnnu.rronnwawiF Mo,vuME.v rSt iUOTES. 5E7- Fo.e RAMP /. WETGAd/D LOCAT/OA/ APP.�OVfO USGE AC ELGNMENT . Z. SED/n.�E.v TAT/ON PLAn/ Ai�F,�O�Ev AnlO cA+✓�A STO.PM `✓ATE,P P[O.�/-Ar^C,Pa✓fi0 REtER6+vcE 1, LVETGANOS EL6✓.4770N SA5FZ> O// /t,�EAn/SEAlE�EC �_ G�7 .Can/G. MG1+lU.vJE+l/T5 .?ET FaQ GA/NA e'1 NO FU/LT UPOn✓ ARA E/n/ V,P/vTE .9AcoESc 7) AOPXOX . /8o , Ac.E'oSs x ,�i � % e• �� � �' �, 1 �, r�i, y t� i� � f`i �:, i'� A A�' + � `� �J J � ,air ��,� ' � � r. �, � rd y ��` �� ,�. i Q, , ' ^ �. �.Y� _^ �. �5. ., i �� r• r Y �` �� •' w�` s �t i f. � �: '� w '6 r r r � '��: � � �. A �d�1r.�-.., ss.-• x : - _. _ . 7• ♦� 'G Jam• '+�. '. +�.:'...ty„ '#',; 4� ,a�' `�.>rY ma`s - ,.,. j d