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HomeMy WebLinkAboutWTH-Garner,ThurmanState 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 May 8, 1996 MEMORANDUM TO: Carolyn Jarman FROM: John Parker SUBJECT: Application Processing Fee Refund �EHNR This is to request a check in the amount of $250.00 to be made payable to Mr. Thurman D. Garner, Jr. (SS#243-80-6505) to refund a processing fee for a CAMA permit. Mr. Garner has withdrawn his request. Staff believes the refund fair and appropriate because Mr. Garner was inadvertently lead to believe by personnel of another Division that water classification would make permit issuance, all things being considered, likely. The water classification given him was in error and by Rules of the CRC, permit denial is required. He would not have applied had he known the outcome was set by Rule as a denial. Mr. Gainer's address is P. O. Box 234, Smyrna, NC 28579. Please advise this office when the refund is available or mailed directly to him. JP/aw P.O. Box 27687, NI"' FAX 919-733-1495 Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 } � 50%recycled/10*/ post -consumer caner IA MEMORANDUM: TO: John Parker FROM: Charles O. Pigott SUBJECT: Withdrawal of Major CAMA Permit application for Thurman Garner DATE: May 2, 1996 Enclosed is a letter from Mr. Thurman Garner requesting his Major CAMA Permit application be withdrawn. Mr. Garner is also requesting the application fee be refunded due to misinformation provided to him from us and the Division of Marine Fisheries. Mr. Garner was advised prior to applying for a permit that the Creek was not a primary nursery area (PNA). It was only after we had accepted his application and circulated the project that Marine Fisheries informed us and him that the area was in fact a PNA and recommended denial of the project. Mr. Garner has stated that he would not have applied for a permit if had known the Creek was a PNA up front. I would recommend that we refund the application fee to the applicant. cc: Preston P. Pate, Jr. Charles S. Jones Jeff Richter, COE RIC�E9 MA COAAAiy� P44NAGEMENT ,r April 17, 1996 � 13 1� (1 ` Mr. Charles Pigott Division of Coastal Management P.O. Box 769 Morehead City, NC 28557 Dear Mr. Pigott: I would like to withdraw my permit application to excavate an access channel into Wolf Pit Creek and I would also like to request a refund of my permit application fee. As you know, everyone (including you and Marine Fisheries) were under the impression that Wolf Pit Creek was not a primary nursery area. It was only after I applied for a permit did Marine Fisheries decide that the information previously given was wrong and that I would not be able to receive a permit because it was in a primary nursery area. If only I had known this up front I would have never applied. Therefore, I feel the State has some responsibility and should at least refund my money. If you have any questions, please contact me. Sincerely, Thurman Garner 63. os . DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING R A) LM APPLICANT: Thurman D. Garner, Jr. COUNTY: Carteret LOCATION OF PROJECT: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 17, 1996 FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FIELD REPRESENTATIVE: Charles Pigott DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: RECEIVED cu L END OF NOTI OFFICE: Morehead REC'D:$ LOWM 0:9 REC'D: APPLICATION ASSIGNED TO: -Q"s n ON: a - %'a. — Q 6 C) 75 DAY DEADLINE: _ 150 DAY DEADLINE: (lMAIL OUT DATE: STATE �— �/ — CI Y STATE DUE DATE: — 1 — CJ F)FIDAT'E:-�0-9C FED. COMMENTS REC'D:� PERMIT FINAL ACTION: ISSUE DENY DRAFT ON l� AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office 4 _ l Div. of Community Assistance Z� 15', y� Land Quality Section Z- / Div. of Env. Management _� C State Property Office Div. of Archives & History Div. of Env. Health _ Div. of Highways z _/ Wildlife Resources Commission Div. of Water Resources Div. of Marine Fisheries 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: February 8, 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 v ,o lrps t WA OF - Applicant: Thurman D. Garner, Jr. Project Location: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, Carteret County Proposed Project: to excavate an access channel and boat basin Please indicate below your office's position or viewpoint on the proposed project and return this form by February 29, 1996. If you have any questions regarding the proposed project, please contact Charles Pigott 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. Ce^rvw� aXta___I _ This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Thurman D. Garner, Jr., Carteret County DATE: March 4, 1996 Mr. Garner's property is located off SR 1348 "Lige Piner Road", adjacent Wolf Pit Creek, Smyrna, Carteret County. He proposes to excavate an access channel and boat basin adjacent to his property. AECs impacted by the proposed work include Estuarine Waters, Public Trust Areas and the Estuarine Shoreline. Waters at the site are classified as SA and are open to the harvesting of shellfish. Wolf Pit Creek has not been designated by the Division of Marine Fisheries as a Primary Nursery Area (PNA), although the Field Investigation Report states that it possesses some of the functions of a PNA. I have reviewed this proposal for consistency with the 1991 Carteret County Land Use Plan (LUP) Update, as amended September 24, 1993, and offer the following comments. The general area of the project is classified as Rural, while the AECs impacted by the work are classified as Conservation. Allowed uses in Conservation classified areas are addressed in the Resource Protection and Resource Production and Management Policy sections of the Land Use Plan. Applicable policies include those for Marine Resource Areas (Page IV-11). The LUP states the County's support for the 7H Use Standards for estuarine and public trust waters, with a few exceptions, none of which appear to be applicable to this project. Based on the above policy (and the absence of any policy which would appear to preclude this activity), this project appears to be consistent with the amended 1991 Carteret County Land Use Plan, provided all state standards can be met. CC: Preston Pate Charles Jones Charles Pigott 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 February 8, 1996 MEMORANDUM: ATV • 0-%ft.00.%.W0Zk�Axa IDEHNF1 RECEIVED r 01 09 1996 DIV. OF MARINE FISHERIES TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries 1` 12 .1 FROM: John R. Parker, Jr. V REC� EG Major Permits Processing Coordinator MAR 5 1996 0! f,(iA m SUBJECT: CAMA/DREDGE &FILL Permit Application Review yA"EVENT Applicant: Thurman D. Garner, Jr. 9 Project Location: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, Carteret County Proposed Project: to excavate an access channel and boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 29, 1996. If you have any questions regarding the proposed project, please contact Charles Pigott 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 �'kiiid (, 70ii ri DATE 1-2141 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier rt11-12-09 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 Marine Fisheries JEEMMEMEMM James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM TO: John R. Parker, Jr. Major Permits Processing Coordinator FROM: David L. Taylor Pff SUBJECT; CAMA/DREDGE & FILL Permit Application Review by the North Carolina Division of Marine Fisheries DATE: 27 February 1996 Applicant: Thurman D. Garner, Jr. Project Location: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, Carteret County Proposed Project: to excavate an access channel and boat basin The North Carolina Division of Marine Fisheries (NCDMF) has reviewed the application for work proposed by the Thurman D. Garner, Jr., reviewed the Field Investigation Report compiled by CAMA, and conducted a site visit. The following comments by the NCDMF are provided pursuant to General Statute 113-131. This agency objects to this project because Wolf Pit Creek, although we indicated earlier that it was not, is within an area designated by the North Carolina Marine Fisheries Commission as a Primary Nursery Area (PNA). Wolf Pit Creek is a tributary of Tusk Creek and is upstream of the PNA boundary for Tusk Creek. Tusk Creek's PNA boundary is described in N. C. Fisheries Rules for Coastal Waters. The coordinates for Tusk Creek's boundary found in rule were plotted three times and on different chart scales and clearly indicates Wolf Pit Creek being within the PNA, contrary to how it originally appeared on the navigation chart used by our section. Evidence exists that Wolf Pit Creek was previously used as a boat harbor, 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 i.e. old dock piles and Mr. Garner's account of a vessel construction site which occurred on his property. This evidence was not provided with the application as required by, Subchapter 7H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN, SECTION .0208 - USE STANDARDS, (b) Specific use standards (1) (J). Furthermore, the proposed project will expand the use of Wolf Pit Creek by allowing year-round use. The applicant is presently restricted to fall and winter season use. This expanded use violates (iv) of paragraph (J) mentioned above. Attachment: Aerial Photo PIW 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 l February 16, 1996 RECEIVED MAR 6 1996 K MANAGEMENT r TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thurman D. Garner, Jr. PROJECT LOCATION: Off SR1348, Wolf Pit Road, Smyrna, Carteret Co. ROPOSED PROJECT: To excavate an access channel and boat basin adj. property. Please indicate below your agency's position or viewpoint on the proposed and return this form by March 8, 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 /�� /y attached comments. Signed1,(1 O ' Llladcs� Date &A,k --R%o a N cw 9c May 21, 1993 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper RECEIVED MAR 6 1656 i:• u MAtri;•_ _AicfVT ® 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 R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR Z FROM: V3 William Wescott, Coastal Coordinator Habitat Conservation Program DATE: March 1, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Thurman D. Garner, Jr., Off SR1348, Wolf Pit Road, Smyrna, Carteret County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. Our comments are provided in. accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A- 128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to excavate in Wolf Pit Creek a 170 ft. long x 18 ft. wide access channel to a depth of -3 ft. MLW. At the landward end of the access channel a 35 ft. long x 18 to 25 ft. wide x -3 ft. deep MLW boat basin is also proposed at the location of the existing dock. All excavation is proposed to be accomplished by the use of a clam shell bucket mounted on a small barge. The material excavated would primarily be mud and silt which would be placed on a barge and then off-loaded to a truck which would dispose of the material in the applicants yard. The waters of Wolf Pit Creek are classified as SA and are open to shellfish harvest. Wolf Pit Creek is not designated by the Division of Marine Fisheries as a Primary Nursery Area but certainly possess some of those functions. Other creeks in the vicinity and parts of Jarretts Bay are PNAs. The adverse impact anticipated to result from the project is turbidity associated with dredging. Elevated turbidity could reduce water quality and stress marine organisms in the area, particularly during warm weather. Excessive turbidity could be detrimental to the larval stage of marine organisms. Considering the quality of the water and the estuarine system, we request a dredging moratorium between April 1 and September 30. According to the maps provided with the application, the mouth of Wolf Pit Creek is approximately 80 ft. wide. The project site can be Thurman Garner, Jr. 2 March 1, 1996 isolated from Jarretts Bay by positioning a silt curtain/boom across the mouth of Wolf Pit Creek. The silt curtain/boom should be installed prior to dredging and remain in place for a minimum of 72 hours after dredging is complete. We appreciate the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919) 9274016. itECEIVEa :AAR 6.1996 �pNA66MEN1 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 T ��A� [DEHNF March 1, 1996 11 p TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Thurman D. Garner, Jr. PROJECT LOCATION: Off SR1348, Wolf Pit Creek, Smyrna, TUSUBLANDS PROPOSED PROJECT: To excavate an access channel and boat basin adj. property. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. t/ It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. �. /,J.E.Cd 6�.QS b�tC NoT /frF,✓ /LKco�O/,O. Signed Date Z . D/.1 fwi.�c- S�cH �0 f1/f dam' dit.[ � �/ow /¢��o �OisTiy., c� c •�� c�l P.O. Box 27687, Raleigh, North CaroBna 27611-7687 Telephone 919.733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer Eo%recycled/ 1 o% 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 101 11105 (1) ILAN 11111M FROM: SUBJECT: February 16, 1996 Environmental Review Coordinator Division of Archives and History �EHNR John Parker, Jr. Major Permits Processing Coordinator n MAR 181996 COASTAL MANAGEMENT CAMA/DREDGE & FILL Permit Application Review APPLICANT:.:. Thurman D. Garner, Jr. PROJECT LOCATION: Off SR1348, Wolf Pit Creek, Smyrna, Carteret Co. PROPOSED PROJECT: To excavate an access chaneel and boat basin adj. property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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. Signeddiy� .. �ic� Date '3//`f� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% past -consumer paper North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary March 14, 1996 MEMORANDUM TO: /John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Colonel Robert J. Sperberg, District Engineer Army Corps of Engineers, Wilmington District FROM: David Brook At y4-d %1w Deputy State Historic Preservation Officer SUBJECT: Thurman D. Garner, Jr., excavate access channel and boat basin, off SR 1348, Wolf Pit Creek, Smyrna, Carteret County, ER 96-8371 Division of Archives and History Jeffrey J. Crow, Director We have reviewed the above permit application concerning proposed plans to excavate an access channel and boat basin. Our staff inspected the project specifications carefully and determined that the dredging constitutes a major bottom disturbance. In the underwater portions of this project no known archaeological sites are recorded. Based on our present knowledge of the area, it is unlikely that any submerged archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no underwater archaeological investigation be conducted in connection with this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We would like to notify you that this project should be undertaken with caution. If during construction submerged archaeological materials are encountered, such as shipwreck remains, it is the responsibility of the Army Corps of Engineers- Wilmington.District to notify this office immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to 28, Article 3: salvage of Abandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which 109 East Jones Street • Raleigh, North Carolina 27601-2807 8�� gives the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands, including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Richard Kimmel 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 February 16, 1995 MEMORANDUM A '1� IDEF.7t"R -TO: - - — Mr. Larry R.-Goode, Phd ; P.H. - - Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator Pmrin FEB 26 199% GOASfAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thurman D. Garner, Jr. PROJECT LOCATION: SR1348, Wolf Pit Road, Smyrna, Carteret Co. PROPOSED PROJECT: To excavate an access channel and boat basin adj. property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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/ 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 att hed o ents. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Z State of North CarolinaIT Department of Environment, Health and Natural Resources 1 • 1 Division of Coastal Management mon� James B. Hunt, Jr., Governor p FEE N Jonathan B. Howes, Secretary Roger N. Schecter, Director February 8, 1996 MEMORANDUM: FEB 12 1996 TO: Mr. Charles Gardner, Director Division of Land Resources DIVISION COASTAL MANAGEMENT FROM: John R. Parker, Jr. rl, Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application ReviewApplicant: Thurman D. Garner, Jr. Project Location: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, Proposed Project: to excavate an access channel and boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 29, 1996. If you have any questions regarding the proposed project, please contact Charles Pigott 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 DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 2a557 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 /\ • VO E:)EHNFR February 8, 1996 MEMORANDUM: TO: Mr. William A. McNeil, Director FEB 12 1996 Division of Community Assistance DIVISION OF COASTAL MANAGEMENT FROM: John R. Parker, Jr. Major Permits Processing Coordinator �Z t j SUBJECT: CAMA/DREDGE & FILL Permit Application Review �C�� �gy6 Applicant: Thurman D. Garner, Jr. �y'� Project Location: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, t CounVA Proposed Project: to excavate an access channel and boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 29, 1996. If you have any questions regarding the proposed project, please contact Charles Pigott at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: 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. �l SIGNED DATE 3 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 y k,*UI"r� State of North Carolina -- Department of Environment `" Health and Natural Resoure r r A j`0hLf Ili Division of Coastal Managemen James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 8, 1996 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator �0 q r va EDEHNF1 FEB 121996 ILI DIVISION OF COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Thurman D. Garner, Jr. Project Location: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, Carteret County Proposed Project: to excavate an access channel and boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 29, 1996. If you have any questions regarding the proposed project, please contact Charles Pigott at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: V 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 C, tL '� (-i i \_/ t r-- DATE Z - Z __� - CA G- CC � w:kb 3rs4N tlo Rpje 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 MAR 01 '96 11:05AM State of North Carolina Department of Environment, �r, V Health and Natural Resources Division of coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes. Secretary Boger K Schecter, Director February 16, 1996 ok ��HNFi RECE'IV,E1) FEb .., 1IEMORANDUM --- — -- - _ _Qiu OF €idYlRit p i tl r TO: Ms. Linda Sewall Director Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thurman D. Garner, Jr. PROJECT LOCATION: Off SR1348, Wolf Pit Creek, Smyrna, Ca_reret Co. PROPOSED PROJECT: To excavate an access chanel and boat basin adj. property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996, If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth corrunents 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 recortlmend d changes are incorpor ted. See a�tt sh^ed. (t7�c�Gf Cl Thi agency objects to the project f& reasons described in the/ attached comments. 0,71 �yfJpc�e.r LiCT Signed Date'-`�/1 rT f 1? 16 P,O, Box 27687, Raleigh, North Corolino 27611 1687 Telephone 919-733-2293 FAX 919-733.1495 — 1_. ,_1 ............ ...:... n M,,.,..ra,e e.di..n G,.,,,i,,,,,,, 50%recvcled/ 10% post•consurner pcper T ra Division of Coastal James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM RECEIVED .J 4B 281996 COASTAL ' MANAGEMENT W �� DEHNF1 February 16, 1996 TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator L% 232g2 FEB 199E N� Prop�u L9 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thurman D. Garner, Jr. PROJECT LOCATION: SR1348, Wolf Pit Road, Smyrna, Carteret Co. PROPOSED PROJECT: To excavate an access channel and boat basin ajd. property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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 -S V V 11 — Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer paper m 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 A 7' 74*o [D FE P1 FEB �11996 ------------------------------------ r.- Bran ; ---------------------- Water Planning Section DMSIONCFit1'ATERFLPSOURCES Division of Water Resources February 16, 1996 FROM: John Parker, Jr. >> y�► Q� Major Permits Processing Coordinator p ECFivE R 191g96 SUBJECT: CAMA/DREDGE & FILL Permit Application Revi BAR oi[ APPLICANT:, Thurman D. Garner, Jr. PROJECT LOCATION: SR1348, Wolf Pit Road, Smyrna, Carteret Co. PROPOSED PROJECT: To excavate an access channel and boat basin ajd. property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 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. 1� This agency has no comment on the proposed project. Signed 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. Date Z lv) f P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper ' State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM I)FEE HNF=?L 3 April 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: Bruce Freeman, Director Division of Marine Fisheries SUBJ: CAMA/Dredge & Fill Permit Application for Thurman D. Garner, Jr. - Carteret County I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur with their-recommendation(s). (initial) Director Deputy Director Planning & Analysis Supervisor State of North Carolina Department of Environment, FA Health and Natural Resources 4 • Division of Marine Fisheries , James B. Hunt, Jr., Governor E H N R Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM TO: John R. Parker, Jr. Major Permits Processing Coordinator FROM: David L. Taylor Central District Mana'g/e�/J�/jr, James J. Francesconi `fit ' Investigating Biologi SUBJECT; Revised comments to replace February 27,1996 comments on below referenced CAMA/DREDGE & FILL Permit Application. DATE: 4 April 1996 Applicant: Thurman D. Garner, Jr. Project Location: Off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, Carteret County. Proposed Project: Excavation of an access channel and boat basin. The North Carolina Division of Marine Fisheries (NCDMF) has reviewed the application for work proposed by the Thurman D. Garner, Jr., reviewed the Field Investigation Report compiled by CAMA, and conducted a site visit with Mr. Garner present. The following comments by the NCDMF are provided pursuant to General Statute 113-131. This agency objects to this project and recomends denial because Wolf Pit Creek, although we indicated earlier that it was not, is within an area designated by the North Carolina Marine Fisheries Commission as a Primary Nursery Area (PNA). Wolf Pit Creek is a tributary of Tusk Creek and is upstream of the PNA boundary for Tusk Creek. Tusk Creek's PNA boundary is described in N. C. Fisheries Rules for Coastal Waters. The coordinates for Tusk Creek's boundary found in rule were plotted three times and on different chart scales. These 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 plots clearly indicate Wolf Pit Creek is within the PNA, contrary to how it originally appeared on the navigation chart used by our section. As a PNA, Wolf Pit Creek is an area which for reasons such as food, cover, bottom type, salinity, temperature and other factors, young finfish and crustaceans spend the major portion of their initial growing season. Primary Nursery Areas are those areas in the estuarine system where initial post -larval development takes place. These areas are usually located in the uppermost sections of a system where populations are uniformly very early juvenile (15A, NCAC 3N .0002 (a)(b)). Primary Nursery Areas are defined as Critical Habitat Areas (CHA's) by the NCMFC. Critical Habitat Areas are fragile estuarine and marine areas that support juvenile and adult populations of economically important seafood species, as well as forage species important in the food chain. ,.State of North Carolina f Department of Environment, i Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 8, 1996 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator Alf IDFEE HNFi SUBJECT: CAMA/DREDGE & FILL Permit Application Review RECEIVED FEB 09 1996 DIY, OF MARINE FISHERIES Applicant: Thurman D. Garner, Jr. Project Location: off SR1348 "Lige Piner Road", Wolf Pit Creek, Smyrna, Carteret County Proposed Project: to excavate an access channel and boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 29, 1996. If you have any questions regarding the proposed project, please contact Charles Pigott 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 (. DATE p rJ-ys P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 111-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF April 3, 1996 Regulatory Branch Subject: Action ID No. 199602966 Mr. Thurman D. Garner, Jr. Post Office Box 234 Smyrna, North Carolina 28579 Dear Mr. Garner: R 0 APR 9 1996 ca1•� MANAGEMENT Reference your application for a Department of the Army (DA) permit to excavate a channel and basin on Wolf Pit Creek, near Smyrna, in Carteret County, North Carolina. After review of your proposal, by letter of March 18, 1996 (copy enclosed), the National Marine Fisheries Service (NMFS) recommended denial of your application. This recommendation was made because of adverse impacts the NMFS believes your proposal would have on fishery resources. Our administrative process provides you the opportunity to propose a resolution and/or to rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions on or before April 19, 1996. Questions or comments may be addressed to me at telephone (910) 251-4636. Enclosure Sincerely, Jeffery Richter Project Manager Wilmington Field Office Regulatory Branch 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. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement 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, N.E. 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 April 3, 1996 Regulatory Branch (J Action ID No. 199602966 Mr. John Parker Division of Coastal Management 3 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. Thurman D. Garner, Jr., for a Department of the Army (DA) permit to excavate a channel and basin on Wolf Pit Creek, near Smyrna, in Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letter of March 18, 1996 (copy enclosed), the National Marine Fisheries Service (NMFS) recommended that a permit not be issued as excavation in the Creek would be detrimental to fishery resources. We concur with NMFS' comments. Please address any questions or comments to me at telephone (910) 251- 4636. Enclosure Sincerely, Jeffery Richter Project Manager Wilmington Field Office Regulatory Branch FILE NAME:jrgar CESAW-CO-RL/RICHTER/rs/s MAIL CESAW-CO-R/FILE -2- Copies Furnished (without enclosure): 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 Blind Copy Furnished: CESAW-CO-RS/Ramel ?? UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration �� ae NATIONAL MARINE FISHERIES SERVICE Q0 Southeast Regional Office 10 9721 Executive Center Drive North PeRPNpPoll St. Petersburg, Florida 33702 M March 18, 1996 Colonel Robert J. Sperberg District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Jeff Richter Dear Colonel Sperberg: In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199602966(GP) dated February 20, 1996. The applicant, Mr. Thurman D Garner, Jr., proposes to excavate an access channel and boat basin near Smyrna, Carteret County, North Carolina. The purpose of the work is to improve access to the applicant's existing dock. The proposed project consists of using a backhoe and barge to excavate a 170-foot-long by 18-foot-wide by 3-foot-deep access channel in the waters of Wolf Pit Creek. Also proposed is the construction of a 35-foot-long by 25-foot-wide by 3-foot-deep boat basin adjacent to the uplands. The proposed work would generate approximately 200 cubic yards of silt/mud material which would be deposited on adjacent highground. Based on a March 13, 1996, on -site inspection by a National Marine Fisheries Service (NMFS) biologist, we have determined that this work will be detrimental to fishery resources. The project area consists of a tidal creek that connects to Jarretts Bay and Core Sound. The edges of the creek are vegetated with saltmeadow cordgrass (Spartina patens) marsh and the bottom is characterized by mud/silt sediments. According to the public notice, the project area is not designated as a primary nursery area (PNA), however, based on our observations, we believe that it functions as a PNA. A PNA is defined in the regulations of the North Carolina Division of Marine. Fisheries as those areas in which for reasons such as food, cover, bottom type, salinity, temperature and other factors, young finfish and crustaceans spend the major portion of their initial growing season.l Fishery resources of commercial, 1North Carolina Fisheries Rules for Coastal Waters. 1995-1996. Subchapter 3N-Nursery Areas, Part .0002. N.C. Marine Fisheries rnmmiccinn_ _ r` � �0 f recreational, and ecological importance that utilize the project area include Atlantic croaker (Microp000nias undulatus), spot (Leiostomus xanthurus), spotted seatrout (Cvnoscion nebulosus), flounders (Paralichthvs spp.), Atlantic menhaden (Brevoortia tvrannus), striped mullet (Muail cephalus), hard clams (Mercenaria mercenaria), American oyster (Crassostrea virainica), shrimp (Penaeus spp.), and blue crab (Callinectes sapidus). This work will result in the alteration of a small area of shallow water habitat that functions as a PNA. Also, dredging this creek will encourage additional boating activity and thereby increase the incidental discharge of pollutants. The area is currently designated as SA waters by the N.C. Shellfish Sanitation Section and is open to the harvest of shellfish. Additional boat traffic could result in the closure of this area to shellfishing. The NMFS is opposed to any work that will adversely impact living marine resources. Therefore, we recommend that federal authorization of this project not be granted. Alternatively, the applicant can continue to use the creek as he has in the past. cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SE02 Since y An eas Mage ,J Assistant Regional Director Habitat Conservation Division State of North Carolina ' 'TTVMVVATA Department of Environment, Health and Natural Resources 1 Division of Coastal Management James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director April 10, 1996 Mr. Thurman D. Garner, Jr. P. O. Box 234 Smyrna, NC 28579 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to carry out construction on property located off of SR1348 (Lige Piner Road), Wolf Pit Creek, Smyrna, in 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 June 15, 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, John .Parker, J�r. Major Permits Processing Coordinator JRP:jr/aw cc: Charles Pigott DCM--Morehead City AI FAX 919-733-1495 P.O. Box 27687, � � An Equal OpportunNy/AfflrtnatNe Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Thurman D. Garner, Jr. 2. LOCATION OF PROJECT SITE: off SR1348 "Lige Piner Rd", Wolf Pit Creek, Smyrna, Carteret County Photo Index - 1989:148-38 0-6 1984: 35-1423 B-6 State Plane Coordinates - X: 2746700 Y: 370600 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 30, 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - January 17, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/ Conservation (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned -None (F) Type of Structures: Existing - House, couple sheds, pier Planned -None (G) Estimated Annual Rate of Erosion: 0'/yr Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands none (B) Non -Vegetated Wetlands 3935 sq.ft. Shallow bottom (C) Other 10,000 sq.ft. High ground disposal (D) Total Area Disturbed: 13,935 sq. ft. (E) Primary Nursery. Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin adjacent to his property. FIELD INVESTIGATION REPORT: Thurman D. Garner, Jr./Carteret County PAGE H2 9. NARRATIVE DESCRIPTION: The applicant's property is an ± 2 acre tract of land located off the Lige Piner Road (SR1348) between the communities of Smyrna and Marshallberg in Carteret County. To reach the applicants property one would turn left on the first driveway on the left after entering the Lige Piner Road. A single family residence (on pilings) is constructed on the property and there are also several outbuildings or sheds. The property is bordered on the west by Wolf Pit Creek, which is a tidal tributary of Jarrett's Bay. The applicant's shoreline consists of a ± 5 to 85' wide border of coastal wetlands vegetated primarily with Spartina alterniora. The Creek, at the project site, is ± 50' wide with water depths ranging from ± -1' mean low water (ML.W). to ± -6' MLW at the mouth of Wolf Pit Creek. The creek bottom consists primarily of mud and silty material. The applicant has constructed a small dock which extends into the Creek for ± 15'. The waters of the Creek have been classified as SA and are open to the harvesting of shellfish. The applicant proposes to excavate in the Creek a ± 170' long x 18' wide access channel to a depth of -3' MLW deep. At the landward end of the access channel a ± 35' long x 18 to 25' wide to -3' MLW deep boat basin is also proposed at the location of the existing dock. All excavation is proposed to be accomplished by the use of a clam shell bucket mounted of a small barge. The material excavated would primarily be mud and silt which would be placed on a barge and then off-loaded to a truck which would dispose of the material in the applicants yard. 10. ANTICIPATED U%IPACTS: The project as proposed will result in the excavation of ± 4,0002of shallow water bottom area with the removal of ± 200 cu. yds. of silt and mud material. All excavation is proposed to be accomplished with the use of a clam shell bucket mounted on a barge with the spoil material being unloaded in the applicant's yard. Wolf Pit Creek is not designated by the Division of Marine Fisheries as a Primarily Nursery Area but certainly possess some of their functions. Turbidity levels will be increased by the dredging operation but the negative impact from this could be minimized if dredging was timed to periods of least biological activities. The applicant has indicated that portions of the Creek (including the project area) were previously excavated and there is some evidence of this having occurred. PREPARED BY: Charles O. Pigott DATE: February 8, 1996 M-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: �/aa Name Mwlza Address PC, /:5z5X Z3y i City �n�urUv3 State /u Zip Day Phone 4/9-)z9-/Qh� Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE: Perris will be issued in M of landawrur(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County C - I'01 JAN 1 7 1996 1:I b. City, town, community or landmark c. Street address or secondary road number -5K /3 Vy d. Is proposed work within city limits or planning jurisdiction? Yes _� No e. Name of body of water near pro1�t (e.�. river, creek, sound, bay) / �� T 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. A)7- /,p AAA Y i>IC��SS 07A,oN4-/ ZVC> RS1,V b. Is the proposed activity maintenance of an existing project, new work, or both? /11/�/U7E✓Lc c. Will the project be for public, private or commercial use?.Q/ ✓ i7F d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed pl a attach additional Daees. 46�L" l W. Revised 03195 �,�„�„�...�..�......�.� Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Z ALOES b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL -5 d. Soil type(s) and texture(s) of tract _s4vzly 116AW e. Vegetation on tract ! /en) S �°HsS, T1Z S , 444AFIR amass f. Man-made features now cp tract g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? �tl0r ZVA)e�/ i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning wn pl once certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or,fligible property? Yes No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? �tl (Attach docunrntation, if available) m. Describe existing wastewater treatment facilities. -riL? %AI e 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.) o. Describe existing drinking water supply source. dt19'LL 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 7.1.0203 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 • 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 Cl A,&'VE Address `�5 , nl e- Phone `I!9- -7Z4_,I /Yo4 Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 ;,i 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 / Z day of TA) , 19 q� . Print Name h4-Rrit4dl D. GA/2vEm- p- 0 Signature / e111 lmidow r or Authorized Agee / 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. JAN 1 7 lr,% Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth 170 118' —1' —3' 35' 118•tol —1' I —3- 99� 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 550 b. Type of material to be excavated Mud and c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area in yard/field b. Dimensions of disposal area 100' x 100' or larger if needed c. Do you claim title to disposal area? X Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? x Yes _ No If yes, where? Same area JAN 1 7 1296 Revised 03/95 .._.."'•....................t Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes x No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? After drying the material will be tilled into the ground and vegetated. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? _yr ravation will he dnnp by clam.___ shell bucket operation with snnils being placed on trucked and off loaded c. Will wetlands be cr: ssed in transporting equipment to project site? _ Yes x No If yes, explain steps that will be taken to lessen environmental impacts. Thurman D. Garner App4y(pt or Proje��e llGCfeCcre�� �� s Signature Date Revised 03/95 ar ZD t �C � .47"&A reci ue/ro r CeE� JAN 1 7 r% U U I r° ......r..................... S?Zlrr� MtRRRtt'ITR!!T! f flRRl7l11{!�!! Z J-9 Z py ?Wvld 3917 1OL 1-P ;190- b' Q' n�vntywitL ,Nm1fi/A1�r7X� 3JdtpN91.P'IflJLf xwlvx(� �J s aerg l7 r,� G1 1 `W- 7�,V v 7fwd� C-ty o•�u�� ss�� Jr�itll� G4-*J'v Vrzzc n �• seer � 119• • • DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS �. P.O. BOX 1890 WILMINGTON, NORTH CAROLINA28402-1890 he b a,0 Regulatory Branch Action ID. IC—1 00 )�\ f Applicant hu rrncar\ Waterway wo'IF il;4 Ccu k- County Cr 'rcr Type Work D-LS: Mr. Larry Hardy National Marine Fisheries Service, NOAA - Pivers Island Beaufort, North Carolina 23516 Ms. L. K. (Mike) Ganct Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Fost Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Seccion-Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 M'V Ci1Qr1eS . o,ne-S Moftr,t4c1 Regional Office Division of Coastal Management North Carolina Department of Environment, Health and Natural Resourc,�@s 00 o�frLcc UoX -1 (0( l Nlerehca,c1 C4rol r'A 1;L.8 55 l 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 beforeM Cio`�c�+[�2Q144kL \ 1 Questions or comments may be addressed to Regulatory Branch, rnl'r\4i0n Field Office, telephone 0-51- 46310. Sincerely, CVe Wrigh hi, Regulat Branch Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. -BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATn1R10N OF Regulatory Branch Action ID No. 199602966 Mr. Thurman D. Garner, Jr. Post Office Box 234 Smyrna, North Carolina 28579 Dear Mr. Garner: February 23, 1996 FEa 2g ^996 �� MANPGEMENS On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received February 14, 1996, for Department of the Army authorization to excavate 3,935 square feet of shallow bottom for the purpose of creating an access channel and boat basin dredge in Wolf Pit Creek, off Lige Piner Road near Smyrna, in Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. P.. -2- b. It is necessary for you to have taken all appropriate and practical 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 impacts. C. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please 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 practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by March 22, 1996. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and section 404 of the Clean Water Act, has been assigned Action ID No. 199602966 and will be coordinated by Mr. Jeff Richter in our Wilmington Field Office. Mr. Richter may be contacted at telephone (910) 251-4636. Sincerely, Ernest Jahnke Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 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 of 345 Courtland Street Atlanta, Georgia 30365 27611-7687 Field Supervisor U.S. Fish and Wildlife service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Charles Jones Area Office Manager North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DIVISION OF COASTAL MANAGEUMNT FIELD INVESTIGATION REPORT R�r� 1. APPLICANT'S NAME: Thurman D. Garner, Jr. 2. LOCATION OF PROJECT SITE: off SR1348 "Lige Piner Rd", Wolf Pit Creek, Smyrna, Carteret County Photo Index - 1989:148-38 0-6 1984: 35-1423 B-6 State Plane Coordinates - X: 2746700 Y: 370600 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 30, 1996 c: � �ED Was Applicant Present - Yes - 5. PROCESSING PROCEDURE: Application Received - January 17, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/ Conservation (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - None (F) Type of Structures: Existing - House, couple sheds, pier Planned - None (G) Estimated Annual Rate of Erosion: 0'/yr Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands none (B) Non -Vegetated Wetlands 3935 sq.ft. Shallow bottom (C) Other 10,000 sq.ft. High ground disposal (D) Total Area Disturbed: 13,935 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin adjacent to his property. FIELD INVESTIGATION REPORT: Thurman D. Garner, Jr./Carteret County PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is an ± 2 acre tract of land located off the Lige Piner Road (SR1348) between the communities of Smyrna and Marshallberg in Carteret County. To reach the applicants property one would turn left on the first driveway on the left after entering the Lige Piner Road. A single family residence .(on pilings) is constructed on the property and there are also several outbuildings or sheds. The property is bordered on the west by Wolf Pit Creek, which is a tidal tributary of Jarrett's Bay. The applicant's shoreline consists of a ± 5 to 85' wide border of coastal wetlands vegetated primarily with Spartina alternijlora. The Creek, at the project site, is ± 50' wide with water depths ranging from ± -1' mean low water (MLW) to ± -6' MLW at the mouth of Wolf Pit Creek. The creek bottom consists primarily of mud and silty material. The applicant has constructed a small dock which extends into the Creek for ± 15'. The waters of the Creek have been classified as SA and are open to the harvesting of shellfish. The applicant proposes to excavate in the Creek a ± 170' long x 18' wide access channel to a depth of -3' MLW deep. At the landward end of the access channel a ± 35' long x 18 to 25' wide to -3' MLW deep boat basin is also proposed at the location of the existing dock. All excavation is proposed to be accomplished by the use of a clam shell bucket mounted of a. small barge. The material excavated would primarily be mud and silt which would be placed on a barge and then off-loaded to a truck which would dispose of the material in the applicants yard. 10. ANTICIPATED IMPACTS: The project as proposed will result in the excavation of ± 4,0002 of shallow water bottom area with the removal of ± 200 cu. yds.- of silt and mud material. All excavation is proposed to be accomplished with the use of a clam shell bucket mounted on a barge with the spoil material being unloaded in the applicant's yard. Wolf Pit Creek is not designated by the Division of Marine Fisheries as a Primarily Nursery Area but certainly possess some of their functions. Turbidity levels will be increased by the dredging operation but the negative impact from this could be minimized if dredging was timed to periods of least biological activities. The applicant has indicated that portions of the Creek (including the project area) were previously excavated and there is some evidence of this having occurred. PREPARED BY: Charles O. Pigott DATE: February 8, 1996 j :M-1►1P-1 APPLICATION (To be completed by all applicants) b. City, town , community or landmark !u �K 1. APPLICANT c. Street address or secondary road number a. Landowner: — z5K /3yy Name—&W4ULi �� foAlQAJG7C Address©• �X Z3� i City S /1Lti C State /u Zip Z�Oq Day Phone Cl lq- 7 ZQ-! Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE: Perndi %M be issued in name of 1 down (e), and/or project name. 2. LOCATION OF PROPOSED PROJECT _ 1 a. County C ?- 2E �;•.. `t-� JAN 17 1996 d. Is proposed work within city limits or planning jurisdiction? Yes _X No e. Name of body of water neare,5; pro (e.g. river, creek, sound, bay) 1i �� ! �rf4� 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. 41�T 1X ,4A) AT4=5 Ch�ru ve / guo 625,;17- b. Is the proposed activity maintenance of an existing project, new work, or both? /1?A/u7F✓i3tCLc c. Will the ppr�oject be for public, private or commercial use? 4.e/ 1427 7 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more .space is pleage attach additional Danes. �'Oxe �6aC fYYUU1) W. Revised 03/95 ..........asc Form DCM-MP-1 r 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Z AkeE::r b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL 3` d. Soil type(s) and texture(s) of tract v� y `6 4,w e. Vegetation on tract 1.9ton1 5,11OE1s -, T7IEa`5 f. Man-made features now op tract //',0 .�F,aU IEdT. l�C g. What is the CAMA Land Use Plan land classification of the site? (Consult the ioeai land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Al�r Z?WE Z i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning compliance cerrifuare, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes lC No If yes, by whom? k.. Is the project located in a National Registered Historic District or does it involve a National Register listed or,}ligible property? Yes No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? Iyd (Anach dononenrattan, if available) . in. Describe existing wastewater treatment facilities. 7-/L' %74,0e 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.) o. Describe existing drinking water supply source. Gtl9-LL 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. • 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 woftve il-: ckQ Address_ FA�i1 }nIL'. Phone 'I!9- ?Z9-�`foL Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 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. Revised 03/95 6. CERTIFICATION AND PERMLSSION 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 % z day of Print Name !/ Y7tLlem.4ji D. G,41PvE-;V- ,rP- Signature 4/ ,ae._- uG. Zmudowner 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. Form DCM MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. - Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth 170' 18' —1' —3' 35' 18'to —1' —3' 25' 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 550 b. Type of material to be excavated Mud and C;t« c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes x No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area in yard/f; at d b. Dimensions of disposal area too' s 100' or larger if needed c. Do you claim title to disposal area? % Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ x Yes _ No If yes, where? Same area Revised 03195 1-1-........... ---- --*. Form DCM ,MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes % No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material If yes, (1) Amount of material to water (2) Dimensions of fill area (3) Purpose of fill be placed in the b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill "W" Idi A" a. How will excavated or fill material be kept on site and erosion controlled? After drying the material will be tilled into the ground and vegetated. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level F ravati nn wi 7 1 he rinnn by (1) Riprap shell bucket operation with spoils (2) Bulkhead backfill being placed on trucked and off loaded C. Will wetlands be cr3ssed in transporting equipment h. Type of fill material to project site? _ Yes % No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Thurman D. Garner Appli't or Projecrt-N ,7 /lllGLl�Yn�S� io..r-F.f// Signature c Date Revised 03/95 2 WI I r' w14F lay9 ROOp &I W BY Z� t gc� P"&,e ca !Z7*106-, 6XP k-Vt> yyL -L Ffi � -Aim;- rb -50,VP Tle9,*,sFd TIC els vs _,Ve-7- 7Z, ey Tlvc-ejv,+- D. G an.vE�e 09 '47- 2ml GEC-E Iolvt4 K& SAI Z C4 2 State of North Carolina Department of Environment, Health and Natural Resources / • Division of Coastal Management James B. Hunt, Jr., Governor+� r� Jonathan B. Howes, Secretary ID E H N Roger N. Schecter, Director February 8, 1996 Mr. Thurman D. Garner, Jr. P.O. Box 234 Smyrna, NC 28579 Dear Mr. Garner: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR1348 "Lige Piner Rd", Wolf Pit Creek, Smyrna, Carteret County. It was received on January 17, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 2, 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, Charles O. Prgott Field Representative COP/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 �Y1 Of, UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration .�� NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, Florida 33702 March 18, 1996 9661 Colonel Robert J. Sperberg p2 MA oP��a� District Engineer, Wilmington District Qs aNa�EMENj Department of the Army, Corps of Engineers M P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Jeff Richter Dear Colonel Sperberg: In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199602966(GP) dated February 20, 1996. The applicant, Mr. Thurman D Garner, Jr., proposes to excavate an access channel and boat basin near Smyrna, Carteret County, North Carolina. The purpose of the work is to improve access to the applicant's existing dock. The proposed project consists of using a backhoe and barge to excavate a 170-foot-long by 18-foot-wide by 3-foot-deep access channel in the waters of Wolf Pit Creek. Also proposed is the construction of a 35-foot-long by 25-foot-wide by 3-foot-deep boat basin adjacent to the uplands. The proposed work would generate approximately 200 cubic yards of silt/mud material which would be deposited on adjacent highground. Based on a March 13, 1996, on -site inspection by a National Marine Fisheries Service (NMFS) biologist, we have determined that this work will be detrimental to fishery resources. The project area consists of a tidal creek that connects to Jarretts Bay and Core Sound. The edges of the creek are vegetated with saltmeadow cordgrass (Soartina Patens) marsh and the bottom is characterized by mud/silt sediments. According to the public notice, the project area is not designated as a primary nursery area (PNA), however, based on our observations, we believe that it functions as a PNA. A PNA is defined in the regulations of the North Carolina Division of Marine Fisheries as those areas in which for reasons such as food, cover, bottom type, salinity, temperature and other factors, young finfish and crustaceans spend the major portion of their initial growing season.l Fishery resources of commercial, 1North Carolina Fisheries Rules for Coastal Waters. 1995-1996. Subchapter 3N-Nursery Areas, Part .0002. N.C. Marine Fisheries Commission. recreational, and ecological importance that utilize the project area include Atlantic croaker (Micr000aonias undulatus), spot (Leiostomus xanthurus), spotted seatrout (Cvnoscion nebulosus), flounders (Paralichthvs spp.), Atlantic menhaden (Brevoortia tyrannus), striped mullet (Muail cenhalus), hard clams (Mercenaria mercenaria), American oyster (Crassostrea virainica), shrimp (Penaeus spp.), and blue crab (Callinectes sanidus). This work will result in the alteration of a small area of shallow water habitat that functions as a PNA. Also, dredging this creek will encourage additional boating activity and thereby increase the incidental discharge of pollutants. The area is currently designated as SA waters by the N.C. Shellfish Sanitation Section and is open to the harvest of shellfish. Additional boat traffic could result in the closure of this area to shellfishing. The NMFS is opposed to any work that will adversely impact living marine resources. Therefore, we recommend that federal authorization of this project not be granted. Alternatively, the applicant can continue to use the creek as he has in the past. Since,y 4Aneas Mage , Assistant Regional Director Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SE02 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thurman D. Garner, Jr. 2. LOCATION OF PROJECT SITE: off SR1348 "Lige Piner Rd", Wolf Pit Creek, Smyrna, Carteret County Photo Index - 1989:148-38 0-6 1984: 35-1423 B-6 State Plane Coordinates - X: 2746700 Y: 370600 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 30, 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - January 17, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/ Conservation (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned -None (F) Type of Structures: Existing - House, couple sheds, pier Planned -None (G) Estimated Annual Rate of Erosion: 0'/yr Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands none (B) Non -Vegetated Wetlands 3935 sq.ft. Shallow bottom (C) Other 10,000 sq.ft. . High ground disposal (D) Total Area Disturbed: 13,935 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin adjacent to his property. FIELD DiMFSTIGATION REPORT: Thurman D. Garner, Jr./Carteret County PAGE lit 9. NARRATIVE DESCRIPTION: The applicant's property is an ± 2 acre tract of land located off the Lige Piner Road (SR1348) between the communities of Smyrna and Marshallberg in Carteret County. To reach the applicants property one would turn left on the first driveway on the left after entering the Lige Piner Road. A single family residence (on pilings) is constructed on the property and there are also several outbuildings or sheds. The property is bordered on the west by Wolf Pit Creek, which is a tidal tributary of Jarrett's Bay. The applicant's shoreline consists of a ± 5 to 85' wide border of coastal wetlands vegetated primarily with Spartina alterniflora. The Creek, at the project site, is ± 50' wide with water depths ranging from ± -V mean low water (MLW) to ± -6' MLW at the mouth of Wolf Pit Creek. The creek bottom consists primarily of mud and silty material. The applicant has constructed a small dock which extends into the Creek for ± 15'. The waters of the Creek have been classified as SA and are open to the harvesting of shellfish. The applicant proposes to excavate in the Creek a ± 170' long x 18' wide access channel to a depth of -3' MLW deep. At the landward end of the access channel a ± 35' long x 18 to 25' wide to -3' MLW deep boat basin is also proposed at the location of the existing dock.. All excavation is proposed to be accomplished by the use of a clam shell bucket mounted of a small barge. The material excavated would primarily be mud and silt which would be placed, on a barge and then off-loaded to a truck which would dispose of the material in the applicants yard. 10. ANTICIPATED IMPACTS: The project as proposed will result in the excavation of ± 4,0002of shallow water bottom area with the removal of ± 200 cu. yds. of silt and mud material. All excavation is proposed to be accomplished with the use of a clam shell bucket mounted on a barge with the spoil material being unloaded in the applicant's yard. Wolf Pit Creek is not designated by the Division of Marine Fisheries as a Primarily Nursery Area but certainly possess some of their functions. Turbidity levels will be increased by the dredging operation but the negative impact from this could be minimized if dredging was timed to periods of least biological activities. The applicant has indicated that portions of the Creek (including the project area) were previously excavated and there is some evidence of this having occurred. PREPARED BY: Charles O. Pigott DATE: February 8, 1996 M-MF-1 APPLICATION (To be completed by all applicants) A b. City, town, community or landmark 1. APPLICANT Tu aK a. Landowner: Name .]&&6UiJ 4) (oAw'&' S Address P©• /:r*X Z3�/ City / C State Q Zip — Day Phone !?/ `1 Z9-/ Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOM Perndi wiU be issued in name of lando er(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County. C _ 1..• .'� W AN17IS c. Street address or secondary road number -5K /3 V8 d. Is proposed work within city limits or planning jurisdiction? Yes No e. Name of body of water neared pro (e. . river, creek, sound, bay) / �� f M 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. 11.4)T GD RX Chgv u,�/ /ZVD j6�519-7- z15,4.11x b. Is the proposed activity maintenance of an existing project, new work, or both? 1A91V7F%14tV-5- c. Will the ppr�oject be for public, private or commercial use? Y A ✓47,-c d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed pleeaas�e a h additional oares. `yA.Qe✓%C fl�llu 4X W&M Revised 03/95 ................+sz Fbrm DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Z 111Pke&5 b. Size of individual lot(s) c. Approximate elevation of tract above MHW or, NWL 3° d. Soil type(s) and texture(s) of tract e. Vegetation on tract l Goo) N,pHSS, =n1 54 �,eAss f. Man-made features now op tract g. What is the CAMA Land Use Plan land classification of the site? (Consult the iocat tone use plan.) Conservation Transitional Developed _ Community Rural Other h. How is the tract zoned by local government? Al r ZOaE i. Is the proposed project consistent with the applicable zoning? Yes No (Attach Zoning compliance certificate, if appti=ble) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a' National Register listed or gligible property? Yes No 1. Are there wetlands on the site? —L Yes _ No Coastal (marsh) X Other If yes, has a delineation been conducted? P!d (Attach dommwntadon, ifavailable) Revised 03/95 m. Describe existing wastewater treatment facilities. -i8 -770e 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.) o. Describe existing drinking water supply source. AA-ZL 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • 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 F...:. .... ..... guide agency pergonnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks; and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name %ZiS, A45lV.PE Address �rru 2 uit n!-a. z�s 99 Phone 9 ?Z177'1 oG Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for$250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy AM (N.C.G.S. 113A - 1 to 10) If the project involves the funds or use of public land documenting compliance will Environmental Policy Act. expenditure of public attach a statement the North Carolina 6. CERTIFICATION AND PERNIISSION % 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 i7 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 12 day of TAV , 19 !2. Print Name -FT?LLe) M.4JJ D. e9.41Zv6-X P- Signature 1GLli/G '4%%. 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 MP4 Structures Information _ DCM MP-5 Bridges and Culverts DCM, MP-6 Marina Development NOTE: Please sign and date each attachment in 'the space provided at the bottom of each form. Revised 03195 �MeNu+i�'�es::eurwra6a03G:i Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Fadsting Project Length Width Depth Depth 170' 18, —1 —3' 35' 181to —1' —3' 25' Ono, . 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 550 b. Type of material to be excavated Mud and c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes x No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. in ,yard/t•;atd b. Dimensions of disposal area ioo' x 100' or larger if needed c. Do you claim title to disposal area? % Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? x: Yes _ No If yes, where? Same area JAB! 17 i2SU Revised 03195 Qaaa:.........-"""'-.....�. Farm DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes % No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of iaformadon) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? After drying the material will be tilled into the ground ana vege ate . b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? cavati on will be dnna by clam.__-__ shell bucket opera ion with sp of 1 s being placed on trucked and off loaded c. Will wetlands be cr3ssed in transporting equipment to project site? _Yes x No If yes, explain steps that will be taken to lessen environmental impacts. Thurman D. Garner App�lii t or Projec e �llll�t/stn� �� i Signature December 30 1999 Date Revised 03195 TAi&rrs 54y BY pe 00 f}T ZA l G e� E Pwme2 � •s � � Ira` ��....tti iF. Mr � r' ry ,Ua/r.o.r C,eE�� I !['IF I�..._ FI/1if-/-7 -.v6 r rD 50AI! T,es,V�g.s E�- yy((ddrJTCN66UCE �.YL�fFI/lti+TIDA% JAH 1 7 1996 �Y 7lic�u 4t !J C AAAIE,e ,427 Z�! LtGE /7Wt jcd d•J 2 c-r PARCEL N:_ EXCISE TAX: STATE OF NORTH CAROLINA ) NORTH CAROLINA GENERAL WARRANTYDEED COUNTY OF CARTERET ) AuSusf THIS DEED, made and entered into this ?7fh day of-JuLy, 1991, by and between: LESTER J. FISHER and wife, NORRINE F. FISHER hereinafter, whether one or more persons, referred to as Grantor, and THURMAN DAVIS GARNER, JR. P. O. Box 234 Smyrna, NC 28579 hereinafter referred to as Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, receipt for which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of that certain lot or parcel of land situated in Smyrna Township, Carteret County, North Carolina, and more particularly described as follows: BEGINNING at an iron rod which is located the following courses and distances from the intersection of the center lines of North Carolina State Road 1347 and North Carolina State Road 1348, in Smyrna Township, Carteret County, North Carolina: from the said intersection 1,025 feet with the center line of State Road 1347 to a nail and cap at which State Road 1348 crosses the upper end of Wolf Pit Creek; continuing thence South 76'51'30" East 120.21 feet to an iron rod in the center line of State Road 1348; thence South 81'51'30" East with the center line of State Road 1348 292.09 feet to an iron rod; thence North I I *00'00" East 276.61 feet to an iron rod, the POINT OR PLACE OF BEGINNING; from the said POINT OR PLACE OF BEGINNING running thence North 83' 10'30" West 282.70 feet to a point at the ordinary high water mark of Wolf Pit Creek; thence with the high water mark of Wolf Pit Creek the following approximate courses and distances: North 38'23'30" East 187.79 feet; North 07'57'30" East 166.17 feet; North 81' 15'00" East 193.79 feet to artiron pipe; thence leaving the ordinary high water mark of Wolf Pit Creek running South 68'07'00" East 22.38 feet to an iron rod; thence South I I *00'00" West 373.35 feet to an iron rod, the POINT OR PLACE OF BEGINNING, containing 1.8 acres more or less; together with all improvements thereon, and with all riparian and littoral rights incident thereto. PREPARED BY DARDEN, COYNE, SIMPSON & HARRIS, P.A. P. O. Drawer 3650 Morehead City, NC 29557 rp r AOs I ? ins There is also conveyed herewith a perpetual easement for access to and from the parcel described hereinabove to State Road 1348, the said easement being for pedestrian and vehicular ingress and egress and being 20 feet in width with a center line described as follows: BEGINNING AT A POINT in the South line of the parcel described hereinabove, which point is also located North 33' 10'30" West 140.20 feet from the POINT OR PLACE OF BEGINNING of the parc6described above; from the said point in the South line of the parcel described above South 06-23-00 West 273.18 feet to the center line of State Road 1348. The of maintenance of the aforesaid easement shall be the sole responsibility of the Grantee herein. For reference as to source of title, see Book 3 a , at Page —7-2— in the Office of the Register of Deeds of Carteret County. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple: And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Public utility easements of record. 2. THE PROPERTY CONVEYED HEREIN IS SUBJECT TO A REPURCHASE OPTION IN FAVOR OF THE GRANTORS IIEREIN, TOGETIIER WITH OTHER PROVISIONS WITH RESPECT TO THE TITLE OF THE PROPERTY, WHICIi IS RECORDED IN BOOK _, PAGE _, CARTERET COUNTY REGISTRY. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. (SEAL) LESTER J. FISHER —Z 7�'_� (SEAL) NORRINE F. FISHER STATE OF NORTH CAROLINA COUNTY OF CARTERET I, a Notary Public of the aforesaid County and State, do hereby certify that LESTER J. FISHER and wife, NORRINE F. FISHER personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this ? 7 fhday of _, 1991. LL Notary Public My Commission Expires: _1 -4- 9s d10/fislier.dee JAN 1 7 vm iW 11p�.iGa G.. � i a Y.Yrr....MMq DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thurman D. Garner, Jr. 2. LOCATION OF PROJECT SITE: off SR1348 "Lige Piner Rd", Wolf Pit Creek, Smyrna, Carteret County Photo Index - 1989:148-38 0-6 1984: 35-1423 B-6 State Plane Coordinates - X: 2746700 Y: 370600 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 30, 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - January 17, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/ Conservation (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - None (F) Type of Structures: Existing - House, couple sheds, pier Planned -None (G) Estimated Annual Rate of Erosion: 0'/yr Source - observed 7. HABITAT DESCRIPTION: I [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands none (B) Non -Vegetated Wetlands 3935 sq.ft. Shallow bottom (C) Other 10,000 sq.ft. High ground disposal (D) Total Area Disturbed: 13,935 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin adjacent to his property. FIELD INVESTIGATION REPORT: Thurman D. Garner, Jr./Carteret County PAGE H2 a 9. NARRATIVE DESCRIPTION: The applicant's property is an ± 2 acre tract of land located off the Lige Piner Road (SR1348) between the communities of Smyrna and Marshallberg in Carteret County. To reach the applicants property one would turn left on the first driveway on the left after entering the Lige Piner Road. A single family residence (on pilings) is constructed on the property and there are also several outbuildings or sheds. The property is bordered on the west by Wolf Pit Creek, which is a tidal tributary of Jarrett's Bay. The applicant's shoreline consists of a ± 5 to 85' wide border of coastal wetlands vegetated primarily with Spartina alterniflora. The Creek, at the project site, is ± 50' wide with water depths ranging from ± -l' mean low water (MLW) to ± -6' MLW at the mouth of Wolf Pit Creek. The creek bottom consists primarily of mud and silty material. The applicant has constructed a small dock which extends into the Creek for ± 15'. The waters of the Creek have been classified as SA and are open to the harvesting of shellfish. The applicant proposes to excavate in the Creek a ± 170' long x 18' wide access channel to a depth of -3' MLW deep. At the landward end of the access channel a ± 35' long x 18 to 25' wide to -3' MLW deep boat basin is also proposed at the location of the existing dock. All excavation is proposed to be accomplished by the use of a clam shell bucket mounted of a small barge. The material excavated would primarily be mud and silt which would be placed on a barge and then off-loaded to a truck which would dispose of the material in the applicants yard. 10. ANTICIPATED IMPACTS: The project as proposed will result in the excavation of ± 4,0002 of shallow water bottom area with the removal of ± 200 cu. yds. of silt and mud material. All excavation is proposed to be accomplished with the use of a clam shell bucket mounted on a barge with the spoil material being unloaded in the applicant's yard. Wolf Pit Creek is not designated by the Division of Marine Fisheries as a Primarily Nursery Area but certainly possess some of their functions. Turbidity levels will be increased by the dredging operation but the negative impact from this could be minimized if dredging was timed to periods of least biological activities. The applicant has indicated that portions of the Creek (including the project area) were previously excavated and there is some evidence of this having occurred. PREPARED BY: Charles O. Pigott DATE: February 8, 1996 1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name ra� 4) AAGlA/I Address Pe. /:r*X Z3� City / C &A State Zip Z�sl!z Day Phone Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE. Perndt will be issued in name of 1 downer(s), and/or projea name. 2. LOCATION OF PROPOSED PROJECT a. County C ? i nI JAN 17 IS"96 b. City, town, community or landmark T:SK c. Street address or secondary road number -5k /3 V9 d. Is proposed work within city limits or planning jurisdiction? Yes _' No e. Name of body of water near??� pro e. . river, creek, sound, bay).d�� �!7-=- 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. ChA.0y- l AVD b. Is the proposed activity maintenance of an existing project, new work, or both? c. Will the Project be for public, private or commercial use? .e/ ✓,47,E d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project.. If more space is needed�p`lea�e Lo additional pages. � 'eAe ��`t Y//AA Revised 03/95 �,�,,.�..................k Form DCM-MP-1 4. LAND AND RATER CHARACTERISTICS a. Size of entire tract Z AkRES b. Size of individual lot(s) c. Approximate elevation of tract above NEW or NWL S., d. Soil type(s) and texture(s) of tract e. Vegetation on•tract l tool S�HsSj 17I5, , /J4A,1s1-1 ears f. Man-made features now oji tract g. What is the CAMA Land Use Plan land classification of the site? (Comuir the locai imtd tie plat.) Conservation Transitional Developed _X Community Rural Other h. How is the tract zoned by local government? Nor ZVA); _Z i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoti g compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or ligible property? Yes No 1. Are there wetlands on the site? X yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? Iva (Attach documentation, iif available) . in. Describe existing wastewater treatment facilities. 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.) o. Describe existing ndrinking water supply source. Zl- 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. • 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 %ZfS. lJOAME �S�iE2 Address it V-e- Z�S-99 Phone 9/9- ?Zrf—e5to4 Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION e 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 N 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 12 day of T V , 19 !2. Print Name T AlJ°+i.44 D. aAAvEX ITP— Signature //lGLli/ak tiV. l� 14 tmndo~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. o Revised 03195 .� wwYNrf::iif►+iYYYii6ii Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth 170' 18' —1' —3' 35' 181to —1' —3' 25' .x. a h� „Mw 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 550 b. Type of material to be excavated .Mud and c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes x No d. Highground excavation in cubic yards 2. DISPOSAL.OF EXCAVATED MATERIAL a. Location of disposal area in yard/fiord b. Dimensions of disposal area 100' x 100' or larger if needed c. Do you claim title to disposal area? x Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _-I- Yes _ No If yes, where? Same area JAM 17 ma Revised 03195 '4s.. ............«.........e.e. 'Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes % No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance Waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No b. If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill Will fill material be placed in coastal (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL wetlands a. How will excavated or fill material be kept on site and erosion controlled? After drying the material will be tilled into the ground and vegetated. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? _avati on on l l ha dnna by shell bucket operation with :spoils being placed on trucked and off loaded c. Will wetlands be crassed in transporting equipment to project site? —Yes x No If yes, explain steps that will be taken to lessen environmental impacts. Thurman D. Garner Applicaht or Prujec e Signature December 30, 1995 Date Revised 03195 Dr v � x� 3° c � X .5 Dam r� r ahr RL•NgS w/w uty Imam ate„► I 1 � ar 7A&AI W J. �' Aye vex 5e f}T �iirrrrririiirrrrMr�Y�M sdEFr � �-k lob -yy zcLL C°a<s 5,z-fr,(o o ,QafreL e,W. 2'Z,9 v 7 c�u.fu fJ G aAAJ to z- 2m/ �tGE Atn�t� Rd m� 51�Fr-r 2 �-F 2 It, DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thurman D. Garner, Jr. 2. LOCATION OF PROJECT SITE: off SR1348 "Lige Piner Rd", Wolf Pit Creek, Smyrna, Carteret County Photo Index - 1989:148-38 0-6 1984: 35-1423 B-6 State Plane Coordinates - X: 2746700 Y: 370600 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 30, 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - January 17, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/ Conservation (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - None (F) Type of Structures: Existing - House, couple sheds, pier Planned -None (G) Estimated Annual Rate of Erosion: 0'/yr Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands none (B) Non -Vegetated Wetlands 3935 sq.ft. Shallow bottom (C) Other 10,000 sq.ft. High ground disposal (D) Total Area Disturbed: 13,935 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin adjacent to'his property. , `f FIELD INVESTIGATION REPORT: Thurman D. Garner, Jr./Carteret County PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is an ± 2 acre tract of land located off the Lige Piner Road (SR1348) between the communities of Smyrna and Marshallberg in Carteret County. To reach the applicants property one would turn left on the first driveway on the left after entering the Lige Piner Road. A single family residence (on pilings) is constructed on the property and there are also several outbuildings or sheds. The property is bordered on the west by Wolf Pit Creek, which is a tidal tributary of Jarrett's Bay. The applicant's shoreline consists of a ± 5 to 85' wide border of coastal wetlands vegetated primarily with Spartina alterniora. The Creek, at the project site, is ± 50' wide with water depths ranging from ± -1' mean low water (MLW) to ± -6' MLW at the mouth of Wolf Pit Creek. The creek bottom consists primarily of mud and silty material. The applicant has constructed a small dock which extends into the Creek for + 15'. The waters of the Creek have been classified as SA and are open to the harvesting of shellfish. The applicant proposes to excavate in the Creek a ± 170' long x 18' wide access channel to a depth of -3' MLW deep. At the landward end of the access channel a ± 35' long x 18 to 25' wide to -3' MLW deep boat basin is also proposed at the location of the existing dock. All excavation is proposed to be accomplished by the use of a clam shell bucket mounted of a small barge. The material excavated would primarily be mud and silt which would be placed on a barge and then off-loaded to a truck which would dispose of the material in the applicants yard. 10. ANTICIPATED IMPACTS: The project as proposed will result in the excavation of ± 4,0002of shallow water bottom area with the removal of ± 200 cu. yds. of silt and mud material. All excavation is proposed to be accomplished with the use of a clam shell bucket mounted on a barge with the spoil material being unloaded in the applicant's yard. Wolf Pit Creek is not designated by the Division of Marine Fisheries as a Primarily Nursery Area but certainly possess some of their functions. Turbidity levels will be increased by the dredging operation but the negative impact from this could be minimized if dredging was timed to periods of least biological activities. The applicant has indicated that portions of the Creek (including the project area) were Previously excavated and there is some evidence of this having occurred. PREPARED BY: Charles O. Pigott DATE: February 8, 1996 M-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT T �K a. Landowner: Name ]&111za 4) 9AW,yre Address R6. /5z5X Zs�/ City I C State q Zip Day Phone Fax b. Authorized Agent: Name Address City Zip Fax Day Phone c. Project name (if any) State NOTE: PenWt will be issued in name of lmdo er(s), and/or project same. c. Street address or secondary road number -:54 /3 Vy d. Is proposed work within city limits or planning jurisdiction? Yes No e. Name of body of water near pro pro t (e. . river, creek, sound, bay) 1elknei 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. .41W r, l ) ,4 Z!X /)G7�SS omy'y'-/ 'SQ'0 �o�T ,4st� b. Is the proposed activity maintenance of an existing project, new work, or both? /j4 W7.747✓&rtl c. Will the ppr�oject be for public, private or commercial use? 4 X2 ✓47Z�' d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed�Qplea�e a additional naves. `yAQOD C /VeZa�I FL7 2. LOCATION OF PROPOSED PROJECT a. County JAN 17 1996 Revised 03/95 .^......Mcc Form DCM-M1P-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2 ili u&5 b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL -5 d. Soil type(s) and texture(s) of tract _4ap y 14141W e. Vegetation on tract l donl N42_- 5, E,L- 4, /1?w-F-1-1 ears f. Man-made features now ofp tract I -Ile '44,D g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land we plan.) Conservation Transitional Developed _J� Community Rural Other h. How is the tract zoned by local government? /US�r Z?70E2 L Is the proposed project consistent with the applicable zoning? Yes No (Anach zoning mmp4ance certificate, if applicable) - j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or gligible property? Yes 1C No 1. Are there wetlands on the site? —L Yes _ No Coastal (marsh) X Other If yes, has a delineation been conducted? Iyd (Anach docnmenmdan, if available-) Revised 03/95 m. Describe existing wastewater treatment facilities. w 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.) o. Describe existing drinking water supply source. Aftzl_ 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 9 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 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such'owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name iliS, Aswvc �S�Ete Address it V-e- 0-�5S-99 Phone 9l92 ?Z9 4 Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources' (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION % 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 Z day of J A) 19 . Print Name D. GAf�Ete ,�t' Signature tiU. dA7 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. Revised 03195 �wrr��rc�: c+;ywaato oi4 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shomline stabilization) Average Final Misting Project tenth Width Depth Depth 170' 18, —1' —3' 35' 181to —1' —3' 25' [a. a 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 550 b. Type of material to be excavated stud and i ,_ c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes x No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED Im00INry a. Location of disposal area in yard/field b. Dimensions of disposal area 100' x 100' or larger if needed c. Do you claim title to disposal area? x Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? x Yes —No If yes, where? Same area JAH171296 Revised 03l95 ti:ai ...........«.........1R Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes x No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material L Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area 9 (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? After drying the material will be tilled into the ground and vegetated. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Eicavatinn will ha dnne h* shell bucket opera 'on with spoils being placed on trucked and off loaded, c. Will wetlands be crossed in transporting equipment to project site? —Yes x No If yes, explain steps that will be taken to lessen environmental impacts. c Thurman D. Garner AppB t or Projecy{V� - 1lGC/�YA� Signature Dece Date ReAwd 03/95 � r�s 534y �2DOm�E Ewa✓�7-ionJ BY 7�,etraa., .rJ- G' A,enr�.�C Se W � CAI Zb l � �PwE•e � d N ( €t V . r n ,ue�r PST CQ � 1 f ��10 �lob -;57-1.U, C,XP*-&D 96 3� (!r rn!}1rVi�N�•VC6 �1'L��Q.Ipl1'71CN Noy 7z, 5e — - I ay 7Avz e1a,+4j P. C NnAv&,e z- 2,01 L16E PI1v's4 R� 6.J zm-^ 2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thurman D. Garner, Jr. 2. LOCATION OF PROJECT SITE: off SR1348 "Lige Piner Rd", Wolf Pit Creek, Smyrna, Carteret County Photo Index - 1989:148-38 0-6 1984: 35-1423 B-6 State Plane Coordinates - X: 2746700 Y: 370600 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 30, 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - January 17, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/ Conservation (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - None (F) Type of Structures: Existing - House, couple sheds, pier Planned -None (G) Estimated Annual Rate of Erosion: 0'/yr Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands none (B) Non -Vegetated Wetlands 3935 sq.ft. Shallow bottom (C) Other 10,000 sq.ft. High ground disposal (D) Total Area Disturbed: 13,935 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin adjacent to his property. FIELD INVESTIGATION REPORT: Thurman D. Garner, Jr./Carteret County PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is an ± 2 acre tract of land located off the Lige Piner Road (SR1348) between the communities of Smyrna and Marshallberg in Carteret County. To reach the applicants property one would turn left on the first driveway on the left after entering the Lige Piner Road. A single family residence (on pilings) is constructed on the property and there are also several outbuildings or sheds. The property is bordered on the west by Wolf Pit Creek, which is a tidal tributary of Jarrett's Bay. The applicant's shoreline consists of a ± 5 to 85' wide border of coastal wetlands vegetated primarily with Spartina alternj2ora. The Creek, at the project site, is ± 50' wide with water depths ranging from ± -l' mean low water (MLW) to ± -6' MLW at the mouth of Wolf Pit Creek. The creek bottom consists primarily of mud and silty material. The applicant has constructed a small dock which extends into the Creek for ± 15'. The waters of the Creek have been classified as SA and are open to the harvesting of shellfish. The applicant proposes to excavate in the Creek a ± 170' long x 18' wide access channel to a depth of -3' MLW deep. At the landward end of the access channel a ± 35' long x 18 to 25' wide to -3' MLW deep boat basin is also proposed at the location of the existing dock. All excavation is proposed to be accomplished by the use of a clam shell bucket mounted of a small barge. The material excavated would primarily be mud and silt which would be placed on a barge and then off-loaded to a truck which would dispose of the material in the applicants yard. 10. ANTICIPATED IMPACTS: The project as proposed will result in the excavation of ± 4,0002of shallow water bottom area with the removal of ± 200 cu. yds. of silt and mud material. All excavation is proposed to be accomplished with the use of a clam shell bucket mounted on a barge with the spoil material being unloaded in the applicant's yard. Wolf Pit Creek is not designated by the Division of Marine Fisheries as a Primarily Nursery Area but certainly possess some of their functions. Turbidity levels will be increased by the dredging operation but the negative impact from this could be minimized if dredging was timed to periods of least biological activities. The applicant has indicated that portions of the Creek (including the project area) were previously excavated and there is some evidence of this having occurred. PREPARED BY: Charles O. Pigott DATE: February 8, 1996 F M-DIP-1 APPLICATION (To be completed by all applicants) a b. City, town, community or landmark 1. APPLICANT laaK a. Landowner: Name ]AfOy,eUz 0 i9A`1Vt-X Address P©• /:5vX zsY City 'U14 State Zip 26�nj_ Day Phone l7/1 -?Zq-/Ski Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) N07E. Permit will be issued in Dame of (mdowner(s), andlor project name. 2. LOCATION OF PROPOSED PROJECT a. County. /n Ar fli JAN 1 7 IE96 c. Street address or secondary road number 54 /3 Vy d. Is proposed work within city limits or planning jurisdiction? Yes _' No e. Name of body of water neared pro e. , river, creek, sound, bay) li--- f!1 r-= 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. :ilAm.1,v ,¢ Gf7A.U.f)G6/ /UO oDld-T ASl�7 b. Is the proposed activity maintenance of an existing project, new work, or both? 1*A41V7F,p-htIC5- c. Will the �f oject be for public, private or commercial use! Y Z ✓47�� d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed pi a afch additional pages. � Ad J� C �o fY/ =e a ,,c Revised 03/95 _.__-_ ...........asc Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2 Akex:5S b. Size of individuallot(s) c. Approximate elevation of tract above MHW or NWL 3 d. Soil type(s) and texture(s) of tract �4y A0 AW e. Vegetation on tract l m) 4�E}S5, yzaz f. Man-made featurescn/ow o tract A �AOD=.�r7Z A�Ii� g. What is the CAMA Land Use Plan land classification of the site? (consuu the brat lmd use plan.) Conservation Transitional Developed ' _ Community Rural Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning mmp6ance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or ligible property? Yes No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? lvtl (Attach documentation, ifavailable) Revised 03/95 in. Describe existing wastewater treatment facilities. lie 7 4AIV w 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.) o. Describe existing drinking water supply source. Al-&ZZ NW11-1101WINI�`ili�li7/ii]`.� 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 77.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name AI-5151d2 Address ¢Alil i JLr. <m�S-99 Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND 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 12 day of T a , 19 �K. Print Name 1 T';xemA.d D. aAtexEze a Signature `77/!G1wa/ uV ]mtda 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. JAN 1 7 jo% Revised 03/95 �srcr�c�c: ccccrascaosGri Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth 170' 18, —1' —3' 35' 181to —1' -3' 25' 'saw: u�.,......% .. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 550 b. Type of material to be excavated stud and c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area in yard/ i el d b. Dimensions of disposal area too' x 100' or larger if needed c. Do you claim title to disposal area? % Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? x Yes _ No If yes, where? Same area JAN 17 1296 Revised 03195 Qlla�"........... .......A" Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes % No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill. _ h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilizaiion) a. Will fill material be brought to site? —_ _ Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? After drying the material will be tilled into the ground and vegetated. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? �i�avati pn will he done by r`l em shell bucket operation with spoils being placed on trucked and off loaded c. Will wetlands'be crossed in transporting, equipment to project site? _Yes % No If yes, explain steps that will be taken to lessen environmental impacts. Thurman D. Garner AppU t or Projec t e Signature Date Revised 03195 s1 A 1 a 47) Tie&rrs 54y 4 = Six. s' Room Below fS� ar 77&A,ww J- a4cv&x 5e 4T W Z.0 t 4ItS P6t1G 2 Kd `i.�iir;.r. n �Vn,rP�T G�eE l .r..........:.ww.««war Sf,EST 4 XS % lob '+ t�TluC� 6AP*VD 'd-k -Y r604L C�::555 -5edr«.n JAP9179� ):Giisliisa a9a i w: eweiw+:i:.i:u!i.. 0 7AArvir4 DJ C AaVv -A z 2,0r LIC,& Aovt4 Rd 6AI /� /� J,jo /� i�rr ( en-- 1 2 c-f 2 UNITED STATES POSTAL SERVICE Official Business Print your name, address and ZIP Code here ✓�1urNI4�I /(9A Oer ai�• ol�� nIc c;2f SENDER: 'p Complete items 1 and/or 2 for additional services. a - Complete items 3, and 4a & b. a • Print your name and address on the reverse of this form so that we can D return this card to you. 0 • 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 below the article number • The Return Receipt will show to whom the article was delivered and the date pdelivered. 0 3. Article Addressed to: m a n 4b. Sol E I also wish to receive the following services (for an extra Y fee): 1. ❑ Addressee's Address rA 2. ❑ Restricted Delivery m Consult oostmaster for fee. V m D I`YY�n L�Y El Registered n Certified u 5"1 rAl El Express Mail ^/nV� Q 7. Date of Delivery ❑ Insured ❑ COD ❑ Return kae...1,� El 5. Sign Lure (Addressee l. 8. Addressee's Address D and fee is paid) is paid) r 6. Signature (Agent) 7 0 S s rn c eipt for 3 se o w 0 requested Y c m t H PS Form 3811, December 1991 *U.S.oPo:lws--352a14 DOMESTIC RETURN RECEIPT STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CUSS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. Isee front) 1. If you want this receipt postmarked. stick the gummed stub on the left portion of the address s,oe of tie art leaving the receipt attached and present the anice at a post office service window or hand it to your rural carr (no extra charge) 1F � 2.Of you do not want this receipt postmarked. stick the gummed stub on the left ponionbw address Aide of article, date, detach and retain the receipt, and mail the article. + t 3. I1 you want a return receipt. write the certified mail number and your name and a igrrD3811. and attach it to the front of the anicle by means of the gummed ends it to'back of article . Endorse front of addle RETURN RECEIPT REQUESTED a. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front Of this receipt. If return receipt is re- quested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. P 527 637 516 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) S o Street and No. P.O State and ZIP C Postage $/ Certified Fee . /O Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered /O Return receipt showing to whom, Date, and Ilvery TOTAL PostU-flovs PARCEL X: EXCISE TAX: $ STATE OF NORTH CAROLINA NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF CARTERET ) AuSusf THIS DEED, made and entered into this J ?411 day ofNfy, 1991, by and between: LESTER J. FISHER and wife, NORRINE F. FISHER hereinafter, whether one or more persons, referred to as Grantor, and THURMAN DAVIS GARNER, JR. P. O. Box 234 Smyrna, NC 28579 hereinafter referred to as Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, receipt for which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of that certain lot or parcel of land situated in Smyrna Township, Carteret County, North Carolina, and more particularly described as follows: BEGINNING at an iron rod which is located the following courses and distances from the intersection of the center lines of North Carolina State Road 1347 and North Carolina State Road 1348, in Smyrna Township, Carteret County, North Carolina: from the said intersection 1,025 feet with the center line of State Road 1347 to a nail and cap at which State Road 1348 crosses the upper end of Wolf Pit Creek; continuing thence South 76'51'30" East 120.21 feet to an iron rod in the center line of State Road 1348; thence South 81'51'30" East with the center line of State Road 1348 292.09 feet to an iron rod; thence North 11*00'00" East 276.61 feet to an iron rod, the POINT OR PLACE OF BEGINNING; from the said POINT OR PLACE OF BEGINNING running thence North 83' 10'30" West 282.70 feet to a point at the ordinary high water mark of Wolf Pit Creek; thence with the high water mark of Wolf Pit Creek the following approximate courses and distances: North 38'23'30" East 187.79 feet; North 07'57'30" East 166.17 feet; North 81' 15'00" East 193.79 feet to an iron pipe; thence leaving the ordinary high water mark of Wolf Pit Creek running South 68'07'00" East 22.38 feet to an iron rod; thence South I I *00'00" West 373.35 feet to an iron rod, the POINT OR PLACE OF BEGINNING, containing 1.8 acres more or less; together with all improvements thereon, and with all riparian and littoral rights incident thereto. PREPARED BY DARDEN, COYNE, SIMPSON & HARRIS, P.A. P. O. Drawer 3650 Momhmd City, NC 28557 rn JAN 1 7 19y6 ``ii r tj There is also conveyed herewith a perpetual easement for access to and from the parcel described hereinabove to State Road 1348, the said easement being for pedestrian and vehicular ingress and egress and being 20 feet in width with a center line described as follows: BEGINNING AT A POINT in the South line of the parcel described hereinabove, which point is also located North 33'10'30" West 140.20 feet from the POINT OR PLACE OF BEGINNING of the parcel described above; from the said point in the South line of the parcel described above South 06-23-00 West 273.18 feet to the center line of State Road 1348. The of maintenance of the aforesaid easement shall be the sole responsibility of the Grantee herein. For reference as to source of title, see Book .3 a , at Page �` in the Office of the Register of Deeds of Carteret County. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Public utility easements of record. 2. THE PROPERTY CONVEYED HEREIN IS SUBJECT TO A REPURCHASE OPTION IN FAVOR OF THE GRANTORS HEREIN, TOGETHER WITH OTHER PROVISIONS WITH RESPECT TO THE TITLE OF THE PROPERTY, WHICH IS RECORDED IN BOOK _, PAGE _, CARTERET COUNTY REGISTRY. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. " �F• (SEAL) LES ER J. FISHER '���� ZZ 7 (SEAL) NORRINE F. FISHER STATE OF NORTH CAROLINA COUNTY OF CARTERET I, a Notary Public of the aforesaid County and State, do hereby certify that LESTER J. FISHER and wife, NORRINE F. FISHER personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this 21ihday of _, 1991. 4&'Iwt. ) _ Notary Public My Commission Expires: _0?4- Qs _ dl0/fisher.dee JAN 1 7 1996 PARCEL a: EXCISE TAX: $ STATE OF NORTH CAROLINA ) NORTH �AROLINA GENERAL WARRANTY DEED COUNTY OF CARTERET ) /lgs4Sf THIS DEED, made and entered into this .�7?411 day ofluLy, 1991, by and between: LESTER J. FISHER and wife, NORRINE F. FISHER hereinafter, whether one or more persons, referred to as Grantor, and THURMAN DAVIS GARNER, JR. P. O. Box 234 Smyrna, NC 28579 hereinafter referred to as Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, receipt for which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee.in fee simple, all of that certain lot or parcel of land situated in Smyrna Township, Carteret County, North Carolina, and more particularly described as follows: BEGINNING at an iron rod which is located the following courses and distances from the intersection of the center lines of North Carolina State Road 1347 and North Carolina State Road 1348, in Smyrna Township, Carteret County, North Carolina: from the said intersection 1,025 feet with the center line of State Road 1347 to a nail and cap at which State Road 1348 crosses the upper end of Wolf Pit Creek; continuing thence South 76' 51'30" East 120.21 feet to an iron rod in the center line of State Road 1348; thence South 81' 51'30" East with the center line of State Road 1348 292.09 feet to an iron rod; thence North 11'00'00" East 276.61 feet to an iron rod, the POINT OR PLACE OF BEGINNING; from the said POINT OR PLACE OF BEGINNING running thence North 83' 10'30" West 282.70 feet to a point at the ordinary high water mark of Wolf Pit Creek; thence with the high water mark of Wolf Pit Creek the following approximate courses and distances: Noah 38'23"30" East 187.79 feet; North 07'57'30" Est 166.17 feet; North 81' 15'00" East 193.79 feet to an iron pipe; thence leaving the ordinary high water mark of Wolf Pit Creek running South 68'07'00" East 22.38 feet to an iron rod; thence South II*00'00" West 373.35 feet to an iron rod, the POINT OR PLACE OF BEGINNING, containing 1.8 acres more or less; together with all improvements thereon, and with all riparian and littoral rights incident thereto. PREPARED BY DARDEN, COYNE, SIMPSON & HARRIS, P.A. P. O. Drawcr 3650 Morchmd City, NC 28557 {v.:I .d A rah:. 1 7 I295 There is also conveyed herewith a perpetual easement for access to and from the parcel described hereinabove to State Road 1348, the said easement being for pedestrian and vehicular ingress and egress and being 20 feet in width with a center line described as follows: BEGINNING AT A POINT in the South line of the parcel described hereinabove, which point is also located North 33' 10'30" West 140.20 feet from the POINT OR PLACE OF BEGINNING of the parcel -described above; from the said point in the South line of the parcel described above South 06-23-00 West 273.18 feet to the center line of State Road 1348. The of maintenance of the aforesaid easement shall be the sole responsibility of the Grantee herein. For reference as to source of title, see Book 3 a , at Page �� in the Office of the Register of Deeds of Carteret County. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all. privileges and appurtenances thereto belonging to the Grantee in fee simpler And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, t: at title is marketable and free and clear .of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Public utility easements of record. 2. THE PROPERTY CONVEYED HEREIN IS SUBJECT TO A REPURCHASE OPTION IN FAVOR OF THE GRANTORS HEREIN, TOGETIIER WITH OTHER PROVISIONS WITH RESPECT TO THE TITLE OF THE PROPERTY, WHICH IS RECORDED IN BOOK _, PAGE _, CARTERET COUNTY REGISTRY. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. (« (SEAL) J LESTER J. FISHER (SEAL) NORRINE F. FISHER STATE OF NORTH CAROLINA COUNTY OF CARTERET I, a Notary Public of the aforesaid County and State, do hereby certify that LESTER J. FISHER and wife, NORRINE F. FISHER personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this 9 V -hday of u,s 1991. f Notary Public My Commission Expires: -Ll - 91� ` o d10/fislier.dee Ini al..y7-1I r JAN; 1 7 f4A J➢1:rrir3iLri•a 4ruWrawair•frq