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91-96 Bald Head Island Limited
Permit Class Permit Number NEW STATE OF NORTH-CAROLINA Department of Enviionment;'Healti Bt Natural Resources Coastal Resoirces Commission in for <ws X Major Development in an Area of Env_iibnmental Concern pursuant to NCGS 113A=118 X Excavation and/or filling pursuant to NCGS 113-229 91-96 .. , . , - - . , „ - , , :.. W .. , . �rsssi.'srs:rs:iS%`I:iri�ill• ,as requested in the permittee's application dated 10/16/96 incl- att- worlmlan drawings, This permit, issued on 'b — 3 _c\ , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel in the River may not take place between February 1 and July 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine Fisheries. 2) An earthen plug will be left between the inland basin and the Cape Fear River until excavation landward of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. hecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bald Head Island, Limited Permit #91-96 Page 2 of 6 ADDITIONAL CONDITIONS 3) All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent the spillover of solids into any vegetated wetlands or surrounding waters. 4) The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 5) A water control structure will be installed at the intake end of the effluent pipe leading from the retention area to ensure maximum settlement of suspended solids. 6) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. 7) No excavated or fill materials will be placed any time in any vegetated wetlands or waters. 8) No vegetated wetlands will be filled. 9) Excavation will not exceed ten (10) feet below the elevation of mean low water (MLW). 10) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Bulkhead Construction 11) All bulkheads will be positioned in strict accordance with permit plans. Marina Flushing/Water Quality Certification 12) (a) The Division of Environmental Management issued Water Quality Certification Nos. 3025 and 2668 for this project on May 29, 1996. Any violation of that Certification will be considered a violation of this permit. (b) All project activity will be conducted in a way that prevents a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. Bald Head Island, Limited... ADDITIONAL CONDITIONS Stormwater Management Permit #91-96 Page 3 of 6 13) The Division of Environmental Management issued Stormwater Management Permit No. 951012 on April 24, 1996. Any violation of this SW Permit will be considered a violation of this CAMA permit. NOTE: The permittee is encouraged to provide a buffer between all upland development and adjacent wetlands. A 30-50 buffer is recommended. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405- 3845. Archaeological Resources 14) Prior to initiation of ground -disturbing construction activities in the immediate vicinity of archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) will be conducted to evaluate if the sites are eligible for listing in the National Register of Historic Places. 15) If either site 31BW564** or 31BW571 is determined eligible for listing in the National Register of Historic Places, and if the sites will be adversely affected by proposed construction activities, a detailed impact mitigation plan will be developed and executed. 16) All archaeological investigations will be conducted under the direction of an experienced archaeologist. Upon completion of the site testing and evaluation process, a written report will be submitted to the N. C. Division of Archives and History. Any mitigation plans developed for the site must be approved by the Division of Archives and History prior to implementation. Other Requirements and Recommendations 17) Prior to jetty construction or other structural installation in the River, an Easement is required from the State Property Office, Department of Administration (telephone: 919/733-4346). NOTE: The proposed entrance connection and work adjacent the highway right-of-way should be coordinated through the local DOT District office in Wilmington, and the Ferry Division. NOTE: Spoil areas can breed mosquitoes. Therefore, Bald Head Island mosquito control or the Division of Environmental Health should be consulted to help prevent creating mosquito breeding habitat. Bald Head Island, Limited 18) Permit #91-96 Page 4 of 6 ADDITIONAL CONDITIONS Endangered Species Protection The permittee will ensure that the following construction guidelines are followed to avoid impacts to the Federally endangered West Indian Manatee (Trichechus manatus): (a) The permittee will instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. (b) The permittee will advise all construction personnel that there are civil and criminal penalties for harming, harassing or killing manatees which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. The permittee and any contractor may be held responsible for any manatee harmed, harassed or killed as a result of construction activity. (c) Siltation barriers will be properly secured and made of material in which manatees cannot become entangled. The barriers will be regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry or exit from essential. habitat. (d) All vessels associated with the project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom. Vessels will follow routes of deep water whenever possible. (e) If manatees are seen within 100 yards of the dredging area, all appropriate precautions will be implemented to ensure protection of the manatees. These precautions will include operating all equipment in such a manner that moving equipment does not come any closer than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of equipment, or vice versa, the equipment will immediately be shut down. (f) Any collision with, or injury to, a manatee will be reported immediately to: Mr. Robert O. Turner Manatee Coordinator 6620 Southport Drive, South Suite 330 Jacksonville, Florida 32216-0912 (904) 232-2580 (g) The permittee will maintain a log detailing sighting, collisions or injuries to manatees should they occur during the construction period. Following project completion, a report summarizing incidents and sightings will be submitted to Mr. Robert O. Turner. Bald Head Island, Limited Marina Operational Conditions Permit 991-96 Page 5 of 6 19) The marina entrance channel jetties shall be permanently lighted. Such lights and signals shall be in keeping with U. S. Coast Guard specifications and regulations. Lights shall be installed at the expense of the permtittee. 20) The permittee shall provide for the life of the project fuel and waste spillage protection around the marine maintenance site to protect surface waters in the event of a spill. 21) This permit does not authorize the interference with any existing or proposed Federal project. The permittee will not be entitled to compensation for damage or injury to the authorized structure or work that may be caused from existing or future operations undertaken by the United States in the public interest. 22) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 23) The permittee will maintain the authorized work in good condition and in concordance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. 24) Prior to occupancy of any new slips authorized under this permit, the permittee will permanently equip the marina with a pumpout facility to service boats with holding tanks. 25) The marina shall prominently post and enforce a no sewage discharge policy at the entrance and exit from the main pier. 26) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharge at the dock facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 27) Marina operation rules detailing safety and clean boat handling practices will be posted. 28) Trash receptacles, sufficient in numbers, to provide easy access and capacity will be installed at the manna prior to occupancy. Bald Head Island, Limited Permit #91-96 Page 6 of 6 ADDITITIONAL CONDITIONS 29) This permit authorizes only the docks, pies and other structures and uses located in or over the water that are expessly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this marina without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. NOTE: The permittee is reminded that any additional work not depicted on the attached plats involving basic subdivision infra -structure, marina amenities, including dock design and channel markers, will require a modification of this permit. Should a question arise as to the requirement for further authorization, do not hesitate to contact the Division of Coastal Management. NOTE: The permittee is reminded of the need to maintain a suitable spoil disposal site at the project for future channel and basin maintenance. Permit Class NEW STATE O$NORTHCAROLINA Department of Environment, Health & Natural Resources and Coastal,Resotirces Commission for . C X x` ..` . Major DevelopmenCiir an Area of Environmental Concern pursuant to NCGS 113A-1-18 - % Excavation and/or fillingpnistiant to NCGS 113-229 Permit Number 91-96 authorizing development in Brunswick County at Case Fear River, at Southport off of RR 1540 as requested in the permittee's application dated 10/16/96 incl. att. workman drawings, This permit, issued on is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel in the River may not take place between February 1 and July 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine Fisheries. 2) An earthen plug will be left between the inland basin and the Cape Fear River until excavation landward of the plug has been completed. To prevent -sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. attached sheet This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N.Sbhecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature Bald Head Island, Limited Permit #91-96 Page 2 of 6 ADDITIONAL CONDITIONS 3) All excavated materials will be confined landward of the mean high water (MIIV) elevation contour within adequate dikes or other retaining structures to prevent the spillover of solids into any vegetated wetlands or surrounding waters. 4) The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 5) A water control structure will be installed at the intake end of the effluent pipe leading from the retention area to ensure maximum settlement of suspended solids. 6) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MI.W) elevation contour to prevent gully erosion and siltation. 7) No excavated or fill materials will be placed any time in any vegetated wetlands or waters. 8) No vegetated wetlands will be filled. 9) Excavation will not exceed ten (10) feet below the elevation of mean low water (MLW). 10) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Bulkhead Construction 11) All bulkheads will be positioned in strict accordance with permit plans. Marina Flushing/Water Quality Certification 12) (a) The Division of Environmental Management issued Water Quality Certification Nos. 3025 and 2668 for this project on May 29, 1996. Any violation of that Certification will be considered a violation of this permit. (b) All project activity will be conducted in a way that prevents a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. Bald Head Island, Limited _ . Permit #91-96 Page 3 of 6 ADDITIONAL CONDITIONS Stormwater Management 13) The Division of Environmental Management issued Stormwater Management Permit No. 951012 on April 24, 1996. Any violation of this SW Permit will be considered a violation of this CAMA permit. NOTE: The permittee is encouraged to provide a buffer between all upland development and adjacent wetlands. A 30-50 buffer is recommended. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405- 3845. Archaeological Resources 14) Prior to initiation of ground -disturbing construction activities in the immediate vicinity of archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) will be conducted to evaluate if the sites are eligible for listing in the National Register of Historic Places. 15) If either site 31BW564** or 31BW571 is determined eligible for listing in the National Register of Historic Places, and if the sites will be adversely affected by proposed construction activities, a detailed impact mitigation plan will be developed and executed. 16) All archaeological investigations will be conducted under the direction of an experienced archaeologist. Upon completion of the site testing and evaluation process, a written report will be submitted to the N. C. Division of Archives and History. Any mitigation plans developed for the site must be approved by the Division of Archives and History prior to implementation. Other Requirements and Recommendations 17) Prior to jetty construction or other structural installation in the River, an Easement is required from the State Property Office, Department of Administration (telephone: 919/733-4346). NOTE: The proposed entrance connection and work adjacent the highway right-of-way should be coordinated through the local DOT District office in Wilmington, and the Ferry Division. NOTE: Spoil areas can breed mosquitoes. Therefore, Bald Head Island mosquito control or the Division of Environmental Health should be consulted to help prevent creating mosquito breeding habitat. Bald Head Island, Limited . _ .., _ _ -- 18) ADDITIONAL CONDITIONS Endangered Species Protection Permit 991-96 Page 4 of 6 The permittee will ensure that the following construction guidelines are followed to avoid impacts to the Federally endangered West Indian Manatee (Trichechus manatus): (a) The permittee will instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. (b) The permittee will advise all construction personnel that there are civil and criminal penalties for harming, harassing or killing manatees which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. The permittee and any contractor may be held responsible for any manatee harmed, harassed or killed as a result of construction activity. (c) Siltation barriers will be properly secured.and made of material in which manatees cannot become entangled. The barriers will be regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry or exit from essential habitat. (d) All vessels associated with the project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom. Vessels will follow routes of deep water whenever possible. (e) If manatees are seen within 100 yards of the dredging area, all appropriate precautions will be implemented to ensure protection of the manatees. These precautions will include operating all equipment in such a manner that moving equipment does not come any closer than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of equipment, or vice versa, the equipment will immediately be shut down. . (f) Any collision with, or injury to, a manatee will be reported immediately to: Mr. Robert O. Turner Manatee Coordinator 6620 Southport Drive, South Suite 330 Jacksonville, Florida 32216-0912- (904) 232-2580 (g) The permittee will maintain a log detailing sighting, collisions or injuries to manatees should they occur during the construction period. Following project completion, a report summarizing incidents and sightings will be submitted to Mr. Robert O. Turner. Bald Head Island, Limited Marina Operational Conditions Permit #91-96 Page 5 of 6 19) The marina entrance channel jetties shall be permanently lighted. Such lights and signals shall be in keeping with U. S. Coast Guard specifications and regulations. Lights shall be installed at the expense of the permtittee. 20) The permittee shall provide for the life of the project fuel and waste spillage protection around the marine maintenance site to protect surface waters in the event of a spill. 21) This permit does not authorize the interference with any existing or proposed Federal project. The permittee will not be entitled to compensation for damage or injury to the authorized structure or work that may be caused from existing or future operations undertaken by the United States in the public interest. 22) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 23) The permittee will maintain the authorized work in good condition and in concordance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third parry. 24) Prior to occupancy of any new slips authorized under this permit, the permittee will permanently equip the marina with a pumpout facility to service boats with holding tanks. 25) The marina shall prominently post and enforce a no sewage discharge policy at the entrance and exit from the main pier. 26) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharge at the dock facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 27) Marina operation rules detailing safety and clean boat handling practices will be posted. 28) Trash receptacles, sufficient in numbers, to provide easy access and capacity will be installed at the marina prior to occupancy. Bald Head Island, Limited Permit #91-96 Page 6 of 6 ADDITITIONAL CONDITIONS 29) This permit authorizes only the docks, pies and other structures and uses located in or over the water that are expessly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this marina without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. NOTE: The permittee is reminded that any additional work not depicted on the attached plats involving basic subdivision infra -structure, marina amenities, including dock design and channel markers, will require a modification of this permit. Should a question arise as to the requirement for further authorization, do not hesitate to contact the Division of Coastal Management. NOTE: The permittee is reminded of the need to maintain a suitable spoil disposal site at the project for future channel and basin maintenance. Permit Class NEW Permit Number 91-96 STATE OF NORTH=CAROLINA Department of Environment,-Healtt & Natural Resources - _ Coastal Resotitrces.Commission .. r, �erri�it R Major Develop inentih an'A ' f-Envirotimental Concern pursuant to NCGS 113X418__' r Excavation and/or fillidg pursuant to NCGS 113-229 as requested in the permittee's application dated 10/16/96 incl- att. worknlan drawings, site plan dated rev. 2/15/96 & sheets 4 7 & 11-13 of 13 for bulkhead & jetty detail dated rec. 11/15/95, This permit, issued on -11) — 3 _qA� , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel in the River may not lake place between February 1 and July 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine Fisheries. 2) An earthen plug will be left between the inland basin and the Cape Fear River until excavation landward of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. attached sheet for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N.Sbhecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bald Head Island, Limited o Permit #91-96 Page 2 of 6 ADDITIONAL CONDITIONS 3) All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent the spillover of solids into any vegetated wetlands or surrounding waters. 4) The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 5) A water control structure will be installed at the intake end of the effluent pipe leading from the retention area to ensure maximum settlement of suspended solids. 6) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. 7) No excavated or fill materials will be placed any time in any vegetated wetlands or waters. 8) No vegetated wetlands will be filled. 9) Excavation will not exceed ten (10) feet below the elevation of mean low water (MLW). 10) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Bulkhead Construction 11) All bulkheads will be positioned in strict accordance with permit plans. Marina Flushing/Water Quality Certification 12) (a) The Division of Environmental Management issued Water Quality Certification Nos. 3025 and 2668 for this project on May 29, 1996. Any violation of that Certification will be considered a violation of this permit. (b) All project activity will be conducted in a way that prevents a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. Bald Head Island, Limited ADDITIONAL CONDITIONS Stormwater Management _. Permit #91-96 Page 3 of 6 13) The Division of Environmental Management issued Stormwater Management Permit No. 951012 on April 24, 1996. Any violation of this SW Permit will be considered a violation of this CAMA permit. NOTE: The permittee is encouraged to provide a buffer between all upland development and adjacent wetlands. A 30-50 buffer is recommended. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405- 3845. Archaeological Resources 14) Prior to initiation of ground -disturbing construction activities in the immediate vicinity of archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) will be conducted to evaluate if the sites are eligible for listing in the National Register of Historic Places. 15) If either site 31BW564** or 31BW571 is determined eligible for listing in the National Register of Historic Places, and if the sites will be adversely affected by proposed construction activities, a detailed impact mitigation plan will be developed and executed. 16) All archaeological investigations will be conducted under the direction of an experienced archaeologist. Upon completion of the site testing and evaluation process, a written report will be submitted to the N. C. Division of Archives and History. Any mitigation plans developed for the site must be approved by the Division of Archives and History prior to implementation. Other Requirements and Recommendations 17) Prior to jetty construction or other structural installation in the River, an Easement is required from the State Property Office, Department of Administration (telephone: 919/733-4346). NOTE: The proposed entrance connection and work adjacent the highway right-of-way should be coordinated through the local DOT District office in Wilmington, and the Ferry Division. NOTE: Spoil areas can breed mosquitoes. Therefore, Bald Head Island mosquito control or the Division of Environmental Health should be consulted to help prevent creating mosquito breeding habitat. Bald Head Island, Limited ADDITIONAL CONDITIONS Endangered Species Protection Permit #91-96 Page 4 of 6 18) The permittee will ensure that the following construction guidelines are followed to avoid impacts to the Federally endangered West Indian Manatee (Trichechus manatus): (a) The permittee will instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. (b) The permittee will advise all construction personnel that there are civil and criminal penalties for harming, harassing or killing manatees which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. The permittee and any contractor may be held responsible for any manatee harmed, harassed or killed as a result of construction activity. (c) Siltation barriers will be properly secured and made of material in which manatees cannot become entangled. The barriers will be regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry or exit from essential habitat. (d) All vessels associated with the project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom. Vessels will follow routes of deep water whenever possible. (e) If manatees are seen within 100 yards of the dredging area, all appropriate precautions will be implemented to ensure protection of the manatees. These precautions will include operating all equipment in such a manner that moving equipment does not come any closer than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of equipment, or vice versa, the equipment will immediately be shut down. (f) Any collision with, or injury to, a manatee will be reported immediately to: Mr. Robert O. Turner Manatee Coordinator 6620 Southport Drive, South Suite 330 Jacksonville, Florida 32216-0912 (904)232-2580 (g) The permittee will maintain a log detailing sighting, collisions or injuries to manatees should they occur during the construction period. Following project completion, a report summarizing incidents and sightings will be submitted to Mr. Robert O. Turner. Bald Bead Island, Limited Marina Operational Conditions Permit #91-96 Page 5 of 6 19) The marina entrance channel jetties shall be permanently lighted. Such lights and signals shall be in keeping with U. S. Coast Guard specifications and regulations. Lights shall be installed at the expense of the permtittee. 20) The permittee shall provide for the life of the project fuel and waste spillage protection around the marine maintenance site to protect surface waters in the event of a spill. 21) This permit does not authorize the interference with any existing or proposed Federal project. The permittee will not be entitled to compensation for damage or injury to the authorized structure or work that may be caused from existing or future operations undertaken by the United States in the public interest. 22) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 23) The permittee will maintain the authorized work in good condition and in concordance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. 24) Prior to occupancy of any new slips authorized under this permit, the permittee will permanently equip the marina with a pumpout facility to service boats with holding tanks. 25) The marina shall prominently post and enforce a no sewage discharge policy at the entrance and exit from the main pier. 26) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharge at the dock facility shall be considered a violation of this permit for which. the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 27) Marina operation rules detailing safety and clean boat handling practices will be posted. 28) Trash receptacles, sufficient in numbers, to provide easy access and capacity will be installed at the marina prior to occupancy. Bald Bead Island, Limited Permit #91-96 Page 6 of 6 ADDITITIONAL CONDITIONS 29) This permit authorizes only the docks, pies and other structures and uses located in or over the water that are expessly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this marina without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. NOTE: The permittee is reminded that any additional work not depicted on the attached plats involving basic subdivision infra -structure, marina amenities, including dock design and channel markers, will require a modification of this permit. Should a question arise as to the requirement for further authorization, do not hesitate to contact the Division of Coastal Management. NOTE: The permittee is reminded of the need to maintain a suitable spoil disposal site at the project for future channel and basin maintenance. -M I . Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Southport, North Carolina 1. APPLICANT c. Street address or secondary road number S.R. 1540 a. Landowner: Name Pfizer, Inc. d. Is proposed work within city limits or planning jurisdiction? X Yes No Address 235 E. 42nd Street' e. Name of body of water nearest project (e.g. river„ City New York _ State NY creek, sound, bay) Cane Fear River Zip 10017 Day Phone 212-573-2323 Fax 212-808-6339 D TR(0� )JV_E MSCRIPTION AND PLANNED USE - F�ROPOSED PROJECT b. Authorized -Agent: NOV.15 Name Bald Head Island, L'imite@IVISION Ux. List all development activities you propose (e.g. OAS AL MANAGEMLIOMIngahome, motel, marina; bulkhead, pier, and P. 0. Box 3069 excavation and/or filling activities. Address Operations complex for Bald Head Island, Limited which will contair. City Bald Head Island State NC marina -for oassencer ferry andbarg marine maintenance facilityparkinc orzices. Zip 2 R a 9 i Day Phone 910— 4 5 7 — 7 3 3 9 • b. Is the proposed activity maintenance of an existing project, new,work, or both? New work Fax 910-457-7463_ c. Project name (if any) Pfizer Tract NOTE. Perndt will be issued in name of lm,do+.++erft), mid/or project name. - 2. LOCATION OF PROPOSED PROJECT a. County Brunswick.- c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages Land based operationf.oi access to and from Bald HeadIsl'anc for residents, resort guests, employees & contractors. T emarin< will be dredged with spoil being� disposed of on site. Road beds, parking areas-willbe constructed with heavy equipment with detailec construction by a general contract Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 171.8 AC b. . Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or . NWL Varies from 7 MSL to 26 MSL m. Describe existing wastewater treatment facilities. Existing into the City of Southport. 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.) Surfact runoff. d. Soil type(s) and texture(s) of tract (� existing drinking water supply source. Wando, Lakeland, Fore_s_ton_ a t1 f Southport. Leon/Lynnhaven I e. Vegetation on tract Mixed hardwoo ,Ld NOV 15 lgg_ pine with un—ETs-t—urnect live oaks on site. DIVISION OF T f. Man-made features now on tract ExistL`,9*STAL MA E iE Bald Head Island construction 5. ADDITIONAL INFORMATION barge landing and old dirt roads. g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Can:adr the local rand are plan.) following items must be submitted: Municipal and Urban Transitional Conservation Transitional • A copy or the deed (with state application only) or Developed Community Rural X Other, other instrument under which the applicant claims title to the affected properties. If the applicant is not TR Transitional Res. DI Devel. Industrial h. How is the tract zoned by local government? claiming to be the owner of said property, then R—i and T—t forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Artacn Zoning compliance certificate, ifapplieoble) • An accurate, dated work plat (including plan view (dill require conditional use permit and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? X Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? Thomas Hargrove detailed description.) . k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No I. Are there wetlands on the site? X Yes _ No Coastal (marsh) Other X If yes, has a, delineation been conducted? Yes (Aaach documentation, if available) 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 FormiilCM-NP4 -- ' n V D S �I 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 fames Harper Address p. O. Box 10548 Southoort.NC 28461 Phone Name Dan Harrelson Address P O RnR 1 m no Snnth-)nrt Nr 9aa:,l Phone 910-457-6215 Name Arch.r Daniels Cdem Address p O anx 1470 or-ati,r. TT. 62c;?r, Phone rn TOP � This DiUth 16th day of Oct. 19 95A list of previous sate or federal pecmiued for work on the project tract. Include permit numbW/ 15 1WIt Name permittee, and issuing dates. DIVISION OF COASTAL NIANA ig ja=dow r or Awhorized Agma 6. CERTIFICATION AND PERNUSSION 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. • 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 AcL I further certify that the information provided in this application is truthful to the best of my knowledge. Please indicate attachments pertaining to your proposed project. x DCM MP-2 Excavation and Fill Information * DCM MP-3 Upland Development x DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts x DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. .CAVATION o l v M FILL T «OV 15 1995 D L.vib;'O+N OF ides and culverts) COASTAL MANAGEMENT form to Joint Application for CAMA Major )rm DCM :MP-1. Be sure to complete all ons of the Joint Application that relate to this )roject. )elow the purpose of proposed excavation or ies. All values to be given in feet. r (iJw'L) 1 dcwater !r :hiding nelinc abUl=ian) Average Final E=sting Project Length Width Depth Depth 750' 150' +3 -10' 700' 300' +9 -8' r 1. EXCAVATION a. Amount of material to be excavated from below Mh-W or NWL in cubic vards13 , 000 cubic vd b. Type of material to be excavated Sand c. Does the area to be excavared include coastal wetlands (marsh), subme ;ed aquatic ve;eration (SAVs) or orher wetlands? X Yes _ No d. Hi.-h.-round excavation in cubic vards 208 , 000 - Di- vds. ?. DISPOSAL OF EXCAVATED MATERIAL, a. Location of disposal area East of Marina Existing spoil basin site. b. Dimensions of disposal area 1, 6 0 0' x 3001 c. Do you claim title to disposal are:? X Yes No If no, attach a le^.er grantin; permission from the owner. d. Will a disposal area be available for future maintenancz? X Yes No If yes, where? Same Location J .'Inc .1 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 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Wi11 fill material be placed in (marsh), SAVs or other wetlands? ISHORELINE STABILIZATION 5� Yes x No a. Type of shoreline stabilization imensions of till area 5() _ X Bulkhead X Riprap NOV 15 199 (_) Purrose of :ill OF b. Length 3400 LF (Bulkhead) ^^ DIVISION ^rT AL MANAGEMENT 1800 LF Rip Rap Average distance waterward of MHW or NWL 200' �. GENER-A-L d. Maximnum distance wate:tvard of MHW or NWL _ 400a. How will excavated or fail material be kept or site z. Shoreline erosion during preceding 12 months and erosion controlled? DiSDOsed into No information given at this time. existinc spoil basir. site (Source ?i :nforncaanj f. Type of bulkhead or riprap material Concrete Bulkhead and PVC Panels Amount of fill in cubic vards to be placed below water level (1) Riprao 285 cubic yards (2) Bulkhead'oacknil None t. Type of fill material Sand & muck Source of fill material on site . OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Will fill material be brought to site? Yes X No coastal. wetlands b. What type,.of cons-,,ic:ion equipment will be used (for examnie, Aragiine, back:.oe, or hydraulic dredge)? Dredge, backhoe and bulldozer 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 impacm. Pfizer %Tract �i / ssigmture Baia Head Island Director of Punning o'czober 16. �995 Dais Form DCM-MP-3 " UPLAND.F-Nov'i DEVELOP NT5 1995 (Construction and/or land disturbing activities) DIVISION OF COASTAL MANAGEMENT Araca this form to Joint Applicarion for CAMA Major h. proie_cs that require a CAMA Major Development Permit, Form DCM4M2-1. Be sure to complete all permit may also require a Stormwater Cemiicaon. other seniors of the Joint Application that relate to this Has a site development plan been submitted to the Division of B'nvim orentl Managemern for review? proposed project. % yes No a. Type and number of buildings, facilities, .units or If yes, date submitted October 16, 1005 st.nac-ures proposed 6 Mar_ne related i. Describe proposed me -hod of sewage disposal. ctures Secric tank with ground ahscrptlo b. Number of lots or parcels No residential or connection to City or- soathaort development proposed at this time. j. Have the facilities des..-lbed in Item i. above , s:ry (��v„ the Dumber of r.s:d..tial units and il`l.. c. D_,.. a e e 'ved sate or local approval? No recel N7A (AC�c: oaropr�•e docrrr._-ianJ units per acre) k. Describe location and type of proposed disc a=;es to d. SL e of area to be filed or disrurb�d waters of the state (for examine, sur ace :_ no; , graded, including roads, ditches, etc. 53 AC sanitary wastewater, indusmal/co.:.-.tercial ._'-Le, "D "wash down" and residenraI discharges). Surface runoff -into crass swales, " e. If the proposed Droiea will disturb more than one infiltr-tion basin andretention acre of land, the Division of Land Resources must basins. receive an erosion and sedimentation control plan at 1. Describe proposed drinking water supply source lest 30 days before land disturbing ac:iviry begins. (e.g. well, cohnnlutriry, public system, etc.) If applicable, has a sedimentation and erosion Community , well and public control plan been submitted to the Division of Land Resources? --Yes x No m. water be Yes R No If yes, date submitted Will submit plan ny acr s9 If yes, how many aces? If y prior to development. f. List, the materials (such as marl, paver stone, n. If the project is a oceanfront development, when asphalt, or concrete) to be used for paved surfaces. was the lot(s) platted and recorded? NA Marl, concrete, asphalt, concrete pavers. PfizerTract g. Give the percentage of the tract within 75 feet of Nec, �MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by and ture aa lsPlan Director of Planning impervious and/or built -upon surfaces, such as _ October 16, 1995 pavement, buildings, rooftops, or to be used for Dam vehicular driveways or Darkin,a. i12, 900 SF • � J Form DCM-MP-t STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) — Commercial _Community X Private (2) Number No slips at this time. (3) Length (4) Width (5) Finger Piers —Yes _ No (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes _ No (i) Number 3 (ii) Length 400'- (Total) (iii) Width -i0' (7) Number of slips proposed Not vet determined (8) Proximity of structure to adjacent riparian property lines 1000, (9) Width of water body. 300' at Marina (10) Water depth at water -ward end of pier at MLW or NWL -10 MLw b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) Jetty (1) Length 350' and 460' (2) Average distance from MHW, NWL or wetlands 200' Avg. (3) Maximum distance beyond MHW, NWL or wetlands 4 6 0 ' 71L NOV 151995 DIVISION OF COASTAL MANAGEMENT ' e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body - Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community X Private (2) 'Number 4 (3) Length 150, (4) Width 100, g. Other (Give complete description) Please note all survey informatior based on NVGD as surveyed by Brunswick Surveying. Pfizer Tract (��_ �/�/J g�'tunBald Head Island Director of Planning October 16, 1995 Date Voir'in DCM-M]4 MARINA DEVELOPMENTL NOV 1===..J (Required for the mooring of more than 10 vessels) 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. I. MARINA CHARACTERISTICS DIVISIUN OF COASTAL MANAGEMENT g. Tjpical boat length 70' h. Maximum boat length 175' i. Are any floating structures planned? Possible If so, describe No .-slips- at this time, Possible ..ten tuture development-., and not part of this submittal. a. Check below the type of marina proposed. X Commercial _ Public _ Residential 2. MARINA OPERATIONS b. Will the marina be open to the general public? Yes _X No a. Check each of the following sanitary facilities that c. If there is residential develdptnent associated with will be included in the proposed project., the marina, how many units or lots are planned and 4 Office toilets how many are currently developed? 6 Toilets for patrons Yes, potential future residential Number 10 development. Location Structures adjacent tq 2 Showers marina. d. Check all of the types of services to be provided. Boat holding tank pumpout N/AFull service, including travel lift and/or rail Type and locations; r- -+i v to sewer X Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips No slips at this time. b. Describe treatment type and disposal location for all None Dry storage sanitary wastewater. Septic tank with Number of boats N/A ground absorption. Boat ramps) Other (describe) Barge Landing c. Describe the disposal of solid waste, fish offal and e. Check below the proposed type of siting. trash disposal. City of Southport X Land cut and access channel X Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types).Passenger, sailboat & barge d. How will overboard discharge of sewage from boats be controlled? Pump out station to City of Sout port sewer. e. Give the location and number of "No Sewage Discharge" signs proposed. 2 Form DChi-IMT-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. .Where will residue from vessel maintemuice be disposed of ? N/A h. Give the number of channel markers and 'No Wake" signs proposed. 1 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality: Yes - Fuel delivery to bulk fuel - above around tanks. j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Marina access angled to increase flushing during low tidal flows. In ad iMh access channel slopes from-8 MSL to 10 MSL at entry. k. What will be the marina policy on overnight and live -board dockage? N/A 1. Is the proposed marina located near any shellfish leases? Yes x . No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? _ No n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery area? Yes x .No p. Is the marina proposed within an area open to shellfish harvesting? Yes x No q. Give the location and number of "Pumpout Available" signs proposed. 2 Pfizer Tract -tApR!u.mut or , ;DD3-ld Head Island Octobere16t?r1?9f5Planning Date D T T,qTrAq D NOV 15 1995 DIVISION, OF COASTAL MANAGEMENT Deep Point Marina (Bald Head) #91-96 Subject: Deep Point Marina (Bald Head) #91-96 Date: Wed, 03 Jul 200215:03:17 -0400 From: Janet Russell <Janet.Russell@ncmail.net> To: Jeff Schaffer <Jeff.Schaffer@ncmail.net> Jeff: Back in February we had some e-mail correspondence about the new Bald Head Ferry Basin. We decided that they have not asked for, nor been authorized, any boat slips in that basin. They wll be proposing around 80 slips. Also, they will be submitting a master development plan that shows some changes to the upland development portion of the project. Some questions: 1. Do they need to do an EA? 2. Their proposed ferry terminal is covered, two story (not enclosed, unheated). Can part of that be over the water? Would the 30' buffer apply? The architects are almost ready to design this structure and now would be the time to offer guidance to keep them in compliance with the rules. 3. Was this permit renewed in 2001? if so, please send me a copy for the file. Thanks, Janet i i i 1� 1 of 1 7/23/02 3:48 PM Division of Coastal Management Application Processing Notes Applicant:• _ �V\" ' ,i ce Deadline: Date/Time: Message: t- 6 Division of Coastal Management Sc IA AQ�e� Application Processing Notes Applicant: �bA�o 02 Pp Tz,,-4N9 Deadline: * GO tAARiw� Date/Time: Message: i�,2Ags to Cc; .n G. 0 N.T j �' e �tt� ,,'ll'. Vie. evi Ip -260 va 379, t 1. M. Harper, Sr._ xx �11 "v-P f--L fee rM Margaret 'C Varper STATE OF• MONTH CAROLINA I P. OF BRUNSWICK a Not ary Polio in a state, th 1. r County agoras - --tity that James H. He a Jr. and wife, Margaret T. Harper, Peraonally appeared b;fore day and acknowledged the due execution of the foregoing warranty, dead gar the Porpoises therein exprquaad. 31 WITNESS my hand and official soul. this %5' day of 1971.,/ 'I,.,;.;tf 'X Notary PUb IQ F Asnion expires$ LISTED TRAN61`111 R6CW NORTH CAROLINA Oct 5 IMININSMCK COUNTY BRUNSWICK COUNTY TAX gFINQU or The foregoing certificate of Not t Notary Public, ie certified to no corre 9 J This day 99 --L REGISTER OF DEEDS OF BRUNSWICK COUNTY Byl rep ad by 14URCHI ON, FOX A NEWTON16 North Sth Street Wilmington# North Carolina 28401, I. j, q? We IV 'N' L r, U 12 0 A M.: MPA j Al I + y ' Yf l I� }Y �! [I' .`4'yM(ii; ('(jl4W'• il},ly r IIR '.+l4\ 1 , I, ) i l 1 14 ! r,. v »! i• )t ayI / :...., ago , r. 1. i irl' HOK 26Q Pic¢ 378 . t I.,. `." .�• :'"'1`)!. The _ above descriptionsFirst Tracts are intended to embrace alofhetland r....7:'�:`" and interesand t indland ownedlt' by Grantors within the area being' acquired by Grantee amid asap dated ..; •',!y' ; \;f;;,';..� C..,' as shown on:,-:„ September, 1971, and entitled "Property Map for Pfizer Inc., Smithvillo ' '' '•�� •„j,;'\�,, Township, Brunswick County, North Carolina�� Prepared From Common survey of '�.' ,;y �r ;;•; Contiguous Tracts by John Talbert •' , Inc. , and retarded, or to be r'. :. recorded- in the Brunswic County Registryt and Grantors do hereby release qnd convey without,,;; any warranty to Grantee, its successors and assigns, all right,: title and interest they f5 •the ;•,;;+' have or may have in all lands within outside Boundary Line of the composite tract composed Tracts 1 through of;+�,' 9, inclusive, as shown on said map, embraced in whother'% the above descriptions or not, ' 1\;•; together with all ' •,:;r,',. their right, title and interest in the banks r"+' >t? 1 and shores of the Cape Fear River and Price s Creak ad oinin said composite tract, lands adjoining i' ,I•:�^! •,. under navigable waters said com osite I .`,. tract, and all accretion ? P "', i'si"' a and rallctlons, TO HAVE !' ;;.,{,,:,,1.•.. nnD TO HOLD the above granted and described rt , property, together with all and e•,'' r,..f,•.•..•:.. I ingular, the rights, privileges;''--?:(: } eenements, tenements and a 1 PP'ultenancae !hereunto belonging, or.J in anywise appertaining 9 4. g unto the said Grantee, its successors', and assigns, in tee simple forever. ....., And the Grantors, for themselves, their heirs, successors;, .,;+:yl_; •.t,,s, executors, administrators and assigns, do covenant to and -with •• ',,:; t•, the said Grantee, its Buccaneers and assigns, that they are noised.;' A in tee of the First and Second Tracts above described( that they have ilp:i,t ;"'•'•".,'9ood right to sell and convey the Boma in tee aimplaf that the •:;,'��y''; :'.: :.,,;.,,:; +„•,., soma are free and clear from any and all ancumbrancea, exec ing''�•'�' •. I Pt the items spedticallyrmentioned.above and Possible right of E; ;;:;�"'•`I ' 1 +:tha State of North Carolina and members of the public in lands below the high water line of navigable waters( and that subjaot'•2!`i=i:!' the to said exceptions will and their hairs, successors, axe !b.)' ......J Y <`'+c"%•:'•'A'''administrators and aesigns•ahall warrant and defend the title.to' 1" 0. the soma against the lawful claims and demands of any land I % - 11P �•+I rt + ' i } ~ IN TESTIMONY W11HREOpr Grnntorn have hereunto see !hair' J� ' + d 1+ 1 +, - t + f �,Y,It (bends and seals as of the dny and ear+, tlrm 44 Y t abOvs written s' f ti'I / 7 'l„rldl ' J•1 1 ''! ,. '•1 ! 1 [+ �'r'11 4 1- 71l LIl/�) 11W tsi r 5'll lti t+1 !'111 ! r r� � ))r' - 4• !ry 'I, pp 9V% .r 44 •'..nl lltd ( r , i , f ,I I < 5 Y s +. 7. '+ . f s (I +,.((tl +� t{,'1�` t I I rYG ) I r �, !. 11 } � ) 1,1 t ,! I Lt l � It\ ♦ '.+ 1Ii l q , N11' �) b n 4l , r 1 1 ' { ti + '• ,. rl : !' � li r I+ II n f4 t ) O � Jr4 r ,, •: it 1 In, 11.) I +Tl jr„ y !: r II I i ti l r/ rr 4.1+-: 5 5 4! J t ! Y{1 II 1 It F , ' r I ♦ ( F � +. r 1. l + I �, L A !I Ir +� I,. r S r l tllj„ I�fjr4• I 1•f41 a +li is F' r II y// f,Iry y t; ! , f � .,4p ;�, i .I ! 5r ,};N ) .l ,r �, ,r+ rf ++� 1 + I ! ' IIjHr),\\t Il �111)+. 1!1 y �J'1 i1+ ]) il!• ' r11ip1 15111 )1 f��i:Y� ' ,.[ �f .\rl ,ill 1 fl 1+ r � 4 +i II ,1 '�I y!✓1 .}j11•1%%;'1(oy 77 jj Pl. IT i e ngr A .......... ....... .. .... I A -ja 009 260'ME 377 - I.: Ex9optinve however, from said second three tracts$ F Exceptional:' BEGINNING at a point in'the can r f state Road 11527 which point is located the following aourson-t and distances along said cantor line from its intersection witA. th6 center line of State Road 11S,2.6 1 (1) North 27 dog. 34 min. 00 BeC69Ra6at-545,78 feet, and (2)' North 26 deg. 52 min. 00 East 209.66 feet; from said beginning point runs thence North- 63 deg. 29 min. 30 Dec. West 1,448..41 feati thence Nctrth•15 doggy!',?; .15 min. 00 sea. East 276.00 feet; thence South 63 dog. 30 min.- - so QQC Eaut 1,503.95 feat to the center line Of State Road 11527 thence With said center line South 26 deg. 52 min. 00 sec. West.:,! ! 271.37'feet to the BEGINNING, containing 9.02 acres, and being the same property Conveyed by James M. Harper, Jr. to Ruby P. Bowman by deed dated October 28, 1952 and recorded in Book 107 Pegs.260 in the Brunswick County Registry. Exception 2. BEGINNING at a point which is located ...:.:the following courses and distances from'the POint'qf intergeo-'P`.�•' a t n of the center lines Of State Road 11527 and State Road 415260 , :1 ",.Novth 27 dog. 34 min. 00 see. East, &lODq the center line Of State Road 11527, 545.78 feet, thence North 26 deg. 52 min. 00 Bee. East, along the center line of State Road 11527, 209.66 feetl' thence leaving the center line Of State Road 11527 and running.".0 North 63 deg. 29 min. 30 West 1,290.44 feat to thepoint of -!A' beginningl running from said Point of beginning a 010wo North'., f I 78 deg. 22 min. 00 sec. West 402.12 feet; thence North 46 dog. 01 min. 00 sec. West 358.27 feet; thence North 12 dog. 29 min. 00 East 160.02 fast; thence South 64 deg. 01 min. 00 see. cast sec. 586.82 feetj thence South 15 deg. 15 min- 00 Dec- West 179.92 fee ... ... thence South 63 dog. 29 min. 30 see. East 149.97 feat to the point Of BEGINNING, containing 3.13 Acres. Exception 3. BEGINNING At the point of.inte,sectiop of - the Center-lLnes :f State Road 11526 and State Road 11527 and running thence &I ng the center line of State B044 11527 Uoutij 26 dog, 34 min. 00 Goo. West 221.90 feet, thence IGAVLng said road and running North 72 dog. 40 min. 00 sag. West 100.30 faetj`.; thence North 26 ag. 34 min. 00 See. East 56.21 foot? thence North d 68 dog. 05 min. 00 sag. West 565.81 feat; SOU 62 dog. 11 thenceth min' 00 $Go- West 116-06 feet; then ce Dog North 22 dog. 10 min. 00 sea East 80.00 feet$ thenceNorth 68 deg. 05 min- 00 860- West: 237.64 feati'thence North 12 a deg. 29 min. 00 800. East 235.94* feet, thence North 00 deg. 31 min. 00 goo. West 688.00 feet; thence Not 12 deg. 29 min. 00 sec. East 213.26 feat i thence South 02 dog. 17 min, 30 sea. East 263.17 Cacti thence South 68 dog. 05 Min. 00 sec. East 1,579.84 feet to the canter line of State Road 415271' thence South 27 dog. 34 min. 00 sec- West With said center ling, 3 180-08 feat to the Point Of BEGINNING, containing 1 area 2 The above described second Tract in,convoyed ■ub Oct t t any utility easements Of record and to the -rights of4 he Stat4i Highway Commission in state Road 11527 Co 58 acres). Said Second Tract is the Dame a property conveyed to Jams'.' M. Harper, Jr. by deed dated March 8, 1941 and recorded in Book A Page 283 in the Brunswick County Registry, .72, IT*4'. 0 try. -44 0 r .......... Tract ths V q tl i 260 mu 376 and littoral rights, and In particular, together with all that'" !A land lying between if�e;,high And low water lines of the Cape Fear River and between the northern and southern boundary lines, extended eautwardly, of the above described tract. Excepting, however, from said Pirst.Tract the two adjoining t racto of land described and conveyed in a deed from James M. Harper, ','t: Jr. and wife to Reese E. Swan and wife dated February 27, 1968 . '• and recorded March 1, 1968 in Book 212, Page 834 in the Brunswick`;';`:,; County Registry. Said First Tract is conveyed subject to (a) the right of Highway Commission not forin a consentjudgment I the e 5 r or Court of Brunswick County dated September 7r 1966 copy f which was recorded September 9,1960 in Book 222, OP 0 page 308 in the Brunswick County Registry, said JudgmEntproviding for'-,'t;t� 0 taking of property in connection with State Road 11540 (the Ferry Road), having a 100 foot right of way, which leads from State Road 11520 (the Now River Road) northeashwardly to the ferry landing property of the State Highway c6mmission mentioned in the description abovel (b) the rights of the State Highway commission..: In State Road 11527 (the Old River Road) # having a 60 foot right , e:-, state of ways (a) the rights of theHighway Commission in State Food 11528 (the New River Ro having a 100 foot right of way.;%. ad SECOND TRACTS BEGINNING &E the point of intersection of the centerlines of .1-N ..State Road 11526 (the flood Road or Jabbertown Road) and State Road 11527 (the old River Road), and running thence with the center line of State Road 11527 South 26 dog. 34 min. 00 sac. .41 West 221.90 feats thence leaving said canter line of State Road 11527 and running North 72 deg. 40 min. 00 see. West 261.70:featl' thence South 64 deg. 42 an. 30 sec. West 21.14 feet the once nce' South 04 deg. 30 min. 30 Dec. West 316.39 foots thence North 02 deg. 32 30 �,;:,:'?`•{¢,' min. see. West 193.37 feet; thence South 21 deg. 58 min. 00 sec. West 654.59 feats thence North 65'dog. 15 min. 00l sec. West 157.00 feet] thence North 12 deg. 29 min. OQ sec. Ela 932.90.feet to an old corners thence North 12 deg. 29 min 00 sec. East 233.63 feats thence North 80 deg. 31 min. 00 se;. 606.00 foots thence North 12 dog. 29 min. 00 Dec. East 1,195.50 feats thence South 64 deg.-01 an. 00 sea. East 506.82 f sotj thence North 15 deg. 15 min. 00 Doc. Eaet-99.09 feats thence South 63 i':O -deg. 30 min. 00 sec.'East 1,303.95-fect to the center line of said State Road 115271 runs thence along and with said center line as follower South 26 deg, 52 min. 00 sec. West 271.37 feet.. to Bowman's southeast'6ornori thence South 26 deg, 52 min. 00 sea, West 209.66 feats thence South 27 deg. 34 an. 00 sac. West 545.78 feat to the point of BEGINNING, containing 59.98 ac rest lona'23.11 acres excepted as described below, or a not of 34.07 i A acres, as surveyed by Robert it. Goalee, Registered Land Survcyor,[!;iX%, and shown an Tract-9 on the map prepared from said u a dated September, "Property 1971s and entitled Map for SmithV 110 Township, Brunswick County# North Carolin From Common Survey of Contiguous Tracts by.John Talbert atov'; Zoo.", which imp has boon or will be recorded in the oltice.i 1,?i' 'of the R9glStir Deeds of Brunswick County,: North Carolina.. 5.. ... .... ....... ol. W.. V: 3 71,1 ...... .. .... In A it U.. let q ... .... .... W: IA, Ack, :260 poor - P76': "L ..I,! 00 "1 f080 South 25*deg. 40 mIn,l;;,00` a 900ti South 44 do sea: 9. 43 min. oo sec "50 mini 30 soo..Wegt 159.00 feet, - West 430-27 3" last,L West 422.34 feet; South 33 deg. 48 min. 30 South 49 deg. 44.mino,30 sec. west 2 South 60 deg. 06 min. 30 sec. west 763.35 feetl Sou 33.47 fact q the South 50 deg. 40' Min- 00 Sec- West 223.52 fact, nee leaving the Cape pear RIV@r1l, North 24 dog.'59 min, 30 sec. West 65 deg. 00 rain. 30 nee. West 6ao. 11005-10 fast; thence South'. iA) 23 min. 30 660, 00 feati thence north 65 deg West; 583.67 feet to 40, A 11. the southeastern corner of tract conveyed to Raymond Talton and wife by dead dated June l 1967 And recorded In Book 204, page Reofiatryl thence 623 In the Brunswick County with one of said Talton lines North 51 deg. 1: 30 sec. East 1,06 6-80 feet) thence with one of said Talton linw. crossing State Road 11526 (the Now River Road) -0 North 6S deg, 13 min. 30 sea. West 3,821.83:!,' feet to a Point in the center lino of of state Road 11527 (the old River load', said last mentioned line Passing through an old stone no. 4 A short distance cast of said Read 11527; thence with the C p enter line Of said State Road 11527 the following throe couraos and 4intancenj Worth 34 dcg-*18 min. 30 use. East 200 North 29 dog. 44 .00 feat l min. 00 Boa- East 252.18 feet, and North 26 dog." 01 E � 34 min. 00 sec- East 694.45 feet to the Point Of B GINNING, c-A.:)t taining 293.90 acres 16.31 acres excepted as described below - on a not Of 277.59 acres As I surveyed by Robert H. Goalsat Registered Land Surveyor, and shown as Tract a on the map Prepared from said ' ey, dated �r' 1971, and entitled 'Property Map for PfiZQ3 aury t a I Septe2ahiP, Brunswick county, North Carolina, PrapAro Inc* Co thv "a To From 0 , Contiguous Tracts by John Talbert & Associate, F , hi n ruryffy of Inc. which n Or will be recorded in the off4ce of.ths4 t:rRegister of map has bee Deeds of Brunswick county, North Carolina The, above described First Tract in part of a tract'of land of approximately 640 acres known as the Philip Al Of which is recorded in Map Book 1, P Ian Tract,' a' registry, Instrumen runewick County. Age 77 in the to in the chain of title 11 i (unless otherwise - noted all references are to books and pages in the Brunswick county'. Registry) are as f011Owal' deeds to John C. Gosaler, 309 00 - 329, 00 - 356 RR " 89, RR - 91, RR - 119, RR - 136; dead to , Southport, Wilmington And Durham Railroad Company, RR to Southport Land company, SS - 2821 3891 dead -Superior Court, Affirmed by Supreme cconaemnatiOn Judgment of ourtl UU - 5771 deed of release Rufus W- Hicks, 3 llll 6451 consent Headman at al v.-LqO Judgment of Superior court in nard at al, Minute Docket Book A, pages 136 - 139, 157 - 159, office Of Clark Of superior courti d to city of Southport, 27 - 363; deed to Brunswick County, 27 - 30651 deeds to de Philip Allen, 27 - 364 and 27 - 366 c Superior Court in H Judgment on demurrers of Headman at I modified affirmedcard of commiasi Al V- B oners at al, by Supreme Court, and Judgment of nonauit -6 Minute Docket book B, pages 248 - 249, office of C Courti (dead to Allan and wife, 72 - 133, Voided by judgment, 72 lark of Superi-`9, A); dead to Brunswick County and city of Southport, 03 - 3021 des .V Harper,to State Port Pilot# 0083 - 315; dead to J. X, Jr., 83 380 dead to Brunswick County and City Or, # 271 d ad t ty Of so 4th- ArPDX# Jr., 9 7 0 JAMS"' Fr'nx1 Trustee, 09 3331 dead t Together With all lands lying f V :1 9 below P or River and Price Creek adjoining the above 1h, the high water 4ins as lbod ;rBe 1;'. party, all accretion and "lictions, and all rin"I. m -2- Z.; 4 2 "s ... .. ..... 0 A. j I Wl ............ Y'I A.. ".Rll. A, bool: 260 mc 374 STATE OF NORTH CFLROLINA COUNTY OF BRUNSWICK WARRANTY DEED l:1, THIS DEED, made this 27th day of September, 1971, by James M. Harper, Jr. and wife, Margaret T. Harper, of Southport North Carolina, herein, whether one or more, called Grantorst to PFIZER INC., a Delaware corporation with an office at 235 cost I "k, .43nd Street, Now York, New York 10017, herein called Grantee. W I T N E B 8 E T H T H A Tt — — — — — — — — — — — — — — II ,(.0 q: Grantors, for and in consideration of One Hundred Dollars Do 1.1 (0100.00) and other good and valuable consideration paid to them by the Grantee, receipt whereof is hereby acknow lodged, have bargained, sold and conveyed and by these presents do hereby give, grant, bargain, sell and convey to the arAnteal, its successors and assigns# in fee simple, the following described rea property situated in Smithville Township, Brunswick County,,'�.!— North Carolinas FIRST TRAM BEGINNING at the intersection point of the centerlines of State ",..Road 11526 (flood Road or Jabbertown Road) and State Road 11527 (the old River Road), and running thence North 27 deg. 34 min. 00 sec. East with the center line of said road 11527 377.70 feet) thence along a line located approximately 200 feet eouthwardly and parallel to the southern line of Price's Creek marsh the following six courses and dietanceal South 65 deg. 50 min. 30 sec. East 894.61 feet) South 78 dog. So min. 30 sec. East 700.00 q fectl South 75 deg. 28 min. 30 sec. East 1300.00 feet) South 89 dog. 28 min. 30 sec. East 725.00 feetj South 46 deg. 43 min. 30 sec East 910.00'fecti South 87 deg. 43 min. 30 sec. East 525.00 feet to a point which in 200 feet southwastwardly (measured jl! at I'ill.. right angles) from the southwestern line of the State Highway f Commission's ferry landing propertyl thence South 23 dog. 58 min. j.; 30 see t parallel to said state Highway Commission property "adEcrossing line a�State Road 11540 (the Ferry Road) 620.00 feet) thence i North 66 dog. 04 min. 30 sec. East and parallel to another State Highway Commission property line 602.32 feet) thence South +23 deg. 55 MiA- 30 sea. East and parallel to another State Highway Commission property. line 331.21 fact to the high water line of Cape rear Riverl thence with said high water line the following t 1. 11 course* and South 72 dog. 04 min. 30 sec. West ppppllldistancess 03.19 footj South 25 deg. 58 min. 30 see. West 379.24 feet # South 46.dog. 05 min. 00 sec. West 121.15 faetj South 66 dog. 42 n. SIATE OF peal Estpte N. jjLjNA % 779.5 01= C P".. .............. ...... .1 o, �T > mo IN ;M� a And the GRANTORS, for 0 themselves, their heirs, executors and administrators, do covenant to and with.the said GRANTEE, its successors;.": and assigns,, that they are seized in fr of - the above granted and described propertyl that they have good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, and that they will and their heirs, executors, administrators and successors shall warrant and de- fend the title to.the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands and seals as of the day and year first above written. I (SEAL) RayBnond Sylvester Talton (SEAL) /ie"u:n�l Bar our Talton, STATE OF NORTH CAROLINA COUNTY OF a Notary public in and I, that Kenneth for the State d County atokasa I UU certifyE. Rutter and wife, Faye . Rutter personally appeared before me this day and acknowledged the due ex9cution of the foregoing,,warranty deed WITNESS my hand and notarial eal th 9-4V clay of V 1973. ."I% II, Notary Public R* 44; My commission expires: CITA dill 1PQMrR1Sj1QA. Expires February 19. 1911 0 D L I C' i % ........ TATE OF NORTH CAROLINA NORTH CAROLINA A -I,,- . % V%,: 5 a C, D'a k% / Brunswick County "iss'1111110�0% The Foregoing Certificate of BRUNSWICK-,COUNTY The foregoing certificate of Notary Public, is certified to be correct. Is certified to be correct. Recorded at jR �'p A o'cl Ic If This the day ofa� iqi� fneeds -2- arl, I r 19L. r 1009 L) Al AP.-t", AROLINA SOUK 2uu i,%[lt%V9 STATE OF NORTH C WARRANTY DEED COUNTY OF BRUNSWICK tl 1973 by and THIS DEED, made this_(LAday 0 *�Bsuna Barbour Talton, of, between Raymond Sylvester Talton and Wife, Wake County# North Carolina, herein,' whether one or more, called 'GRANTORS corporation, with an office at 235 gast and Pfizer, Inc. a Delaware r 42nd Street, I New York, New York, herein called GRANTEE. W. 1: T N E S S E T H T H A T: T the sum of Tenn e GRANTORS, for and in consideration of h Dollars .($10.00) and other valuable considerations to them in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have. sell andin- bargain, . . .. q bargained and sold, and be these presents do hereby t convey unto GRANTEE, its successors and assigns forever, all BrunSWick.CQuntYo* certain ran . 1'property located in SmithVille Township, State of North carolinal described as follows BEGINNING at a point on the eastern right-of-way line of Moore Street, said beginning Point being located at the place where the center line of Stuart Avenue, if projected a Moore St. would intersect the eastern eastwardly acrossright-of-way line of Moore Street, th 11 runs thence with the 3 ddgrees, eastern right-of-way line of Moore Streeint the Nor 0 minutes east 967.6 feet to a stake Pfizer, Inc- line (formerly the J. M. Harperr Jr- line) which stake is ,enter line of Moore Street# 50 feet eastwardly from the c M;. HpLxper, thence with the Pfizer, Inc. line (formerly the J. c to an iron Pipe; Jr line) south 70 degrees east 1,664.3 feet thence continuing with the Pfizer, Inc- lin17e minutes (formerWlyest-.th6i 4 J. M., Harper, Jr. line) south 46 degrees 10673 feet to an iron pipe; thence leaving the Pfizer, Inc' .1B.7 feet to. the line"Norh 70 degrees West ei1n0gi' the same tract oBf EGlIaNnNd 3]NaGs #Wcaos n taining - warranty deed froM-R. I, :.Mintz and conveyed to the Grantors by and wife, LO:Ls 'Tana wife, Mintz, Davis C. Herring Mary C. : y lo, 190. Herring dated June 27, 1967 and recorded July Book 204, Page 623 of the Brun6wick County Registry - granted a . nd described property, PTO HAVE AND TO HOLD the above rivileges, together with all and singular, the rights, p w,.;,, tenements and appurtenances thereunto belonging, or,in ise apperta�n- and assigns, in fee Sim le ing unto the said GRANTEE, its successors -CORD p rR i ,ANSF Rr forever. 7 A S U (C-1c I la. k I I ILI, Vj ilk .............. L iy 260 P tenements n an And appur Z. nancam to eurk bolloagingi'. is* appertaining t�"to rover. the said Granteeoo,. A, its 4VO608 Sato Rossignso In gas 4imple forever, And the Grantors, for themselves .7 xo their hairs, success outiors; dainistrators and A8414ner do covenant to and with'." 0 said Grantee, Its succefoors and Agmignil# that the in y are mail tee Of the 2.42 acre tract above describods that they have good right to 0011 and convey the same In fee simple, that the same is free and clear%/' 'msy And All OAcumbrancea,'A,d that ;.i from i:,'.,,'.they will and their heirap successors executors, administrator" d j". aaa'gng shall warrant and defend the title to th the lawful claims a @fude agains and d8manda of any And All persons 7:j, whomsoever.., IN TESTIMONY WHEREOF, Grantors have hereunto eat the hands and aealo as day And Year first of t above writte 0 nu 0" LISTED RE CORD SFU ORD TRAM OR ....... . 1. 5 foil amuNamoll c6UNrIr. Sk Q TAX NUPRAV"M Its rgarat . �Har� GTATZ'Op NORTH CAROLINA •f COUNTY or g. XN the state A IS A Notary public in a ounty A rasa Or. a d I ag certify that James M. w Its, Margaret T. flax 11 a Personally Appeared before of 9 AY -and Acknowledged the due X OutiOn of the forego 'dead for the purposes & therein a reseed. foregoing warrentY JAI WITNESS IV hand and official 8041 thls� 1971. or 09'. � Notary ubl MI.Y commission oisp I lo, ........ ........... JZATE OF Q ro -VIA 'Ci OTA 'S LjW4 cm� CIA C Beef if off fossils, yy Vq V NORTH CAROLINA BUNSWICK COUNTY The foregoing certificate of otiry Pubi in, if GOxtLfj ad to be corcc This day of 1972, 'y REGISTER OF DEEDS OP BRUNSWICX: I W1 BRUN ALI J4 A i a �roes a per a Xp PCOPAW4 by, MURI yOX , A - ngton* North NEWTON1 16 North-5th Street Wilmi .... ...... Carolina 28401 ...%, ; J, ^ �.., J „ + ! ,1� I) •tr IfiV 1 f{r` �. Mi•+i��jt �r�i%%•aYplryrrYlta�J/i4 N* a JJrX,I��p�hi IL r _, ��,�I�y J,ti•� gY'ajJ "`��,n r{ �,,Ii. It � i Rtcoed , to err �•,: 40. .a r I^ U ' 1 t 111 r • r, i'r . I� 400K 260 PAGc 380 STATE OF NORTH CAROLINA COUNTY OF 1BRGNSHI � HarmANTY DEED +L_ V I 1. �I THIS DEED, made this Sth day of October, 1971r by JrI ; rt.,'�James M. Harper, Jr.snd wile, Margaret T. Harper, of Soutort.=: hp}},, �1 .North Carolina, herein, whsther•one or more, called grantors,';Izilf to PFIEER INC„ a Delaware corporation with, an office fit 235 EastO ' !'; :: t 9I•:rl;.; t;'..:'•42ad atreet New York,, New Yor14 10017, herein called Grantee, •l l' w I T N E— a E T H TH A T, .y k'• i ,;:'.c'i ;+?'„ : Grantors, for and in conaideration of One Hundred 1 ;1 I ,•_ D011are (0100.00)'and other good and valuable considerations J i •!��:':��6•(;','.::%�'yaid to them by the Granted, receipt whereof is hereby acknow-'-:.:'<-�' �•rt:J Y 4 ' lodged, have bargained, sold and convoyed and by these Presents:'iit do hereby Vivo, grant( bargain, sell and cone to the Grantee Y t`t'• ito successors and assigns, in fee simple,'the following described realPZOPGrtY situated -in Smithvilla Township, Brunswick Count I . SII :, North Carolina{ :' 1 r ., .• I ', :.. , BE INN at A aencreta nlonumant which is located the following ::: IE „•f>, courses and distances from the intersection of the confer linos.'.%, E •) '•)'•"'�;'.•. of N. C. State' Roads 1526 and 15271 - ? !?it,"•';.):i :',:" 1.. South 26 deg. 34 min. 00 sec. West 694.45 leett i 2. South 29 deg, 44 min, 00 sea, West 252,10,feett ""`• IY Ilt• 3. South 34 deg, le min., 30 Dec. West 200.00'feet, 4, South 65 deg, 13 min. 30'aac, Eaet 30921.05 teetj•: :... r.r 5. South 51 deg, 03 min. 30 sec. West 1,066.50 lsetl; 6. South 65 deq; 13 min. 30 sec, East'503,67 feet, •+: ' said beginning point also boing'located at the lnterseetlon of ,{ I I �.�,i•f:�, :' lines 51 and 62 as shown on map dated September, 1971 by John !. Talbert and Aeaoaletee, Ina„ entitled "Property Map of Pfizer ins.", which map ie recorded or to be recorded -in the 'Brunswick `r':6 ""Al"'?6 i! gounty Registry) and from said beginning point runs thence No' rth min e30 ago, East 205in. 30 110Eest feet6to.a0feet pointrin line 50 ee shown onS9'i+l I said map, thence South 65 deg. 00 min. 30 sac. West 426.47 feet Ij I -to 'a point which would intersect line 52 as shown on said map 1 lr,y,pr ! iL said line 52 were extended eaetwardly, thence with said line :,t.; ads feet to theebeyinning,Y containth 65 ing 2.42 Acres.* Being part of6Grantors rJh; Philip Allen Tract rJ r' " : • I TO HAVE AND TO HOLD the •above granted and dssoriba4 . �•.I:' yry IJr r { �eopertyr together with all and singular, the right,", privilequ,•,, ll .r Iirr rj.Yl (ri ♦ t t .t.J 1'1 •, I ' i' l I 1 ! ('rl,)i1' /, ' A•11i 52 r!lyti nrQ'i,J , �y1 y71 .,,f ll�rl /'+)I'}i''^4t r dJl`n,llt ,J. 11q i,It[) 111 r15Y lil St (�(•I rYlfl�,Jl;l''.� r Y. 1t7 , i.l.l „ llr I.+il .1111 r,l ��lt all c'I 45, l , 1. 9 % 1'ft Sfl l {'r'IrL +l i 'I -l' ,- •�I` J ..�) I 1,.4.1 II Il, ^ UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS Print your name, address and ZIP Code In the space below. • Complete Items 1. 2. 3, and 4 on the reverae. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. 1 II II 1 .S.MAIL • NOV 15 1995 PENALTY FOR PRIVATE DIVISION OF USE, $300 COASTAL MANAGEMENT RETURN Print Sender's name, address, and ZIP Code in the space below. TO /✓///1��] ' /� / �//7 L-3! HEfi.O—LSLAn//) — LANNi��o D '60 X JD & s�AW C a��flo l •SENDER: Complete Items 1 and 2 when additional services are desired, and complete Items 3 and 4. Pk)t your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of theperson delivered to and the d to of delive . ForadditionalToes The o owing services are aver a a. onsu t postmaster Tor Tees an MOCK c oz es for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Expo charge) (Erma charge) 3. Article Addressed to: n / YEA/✓ ��i'fl�l'ELSON A V . 40 •(O 4) %N1061K7 41C �J N(11 �.l st 4. Article Number (A09 .�� -6/� T pe of Service: Registered ❑ Insured Certified ❑ E�OD ❑ Express Mail ReturnReceipt for ae addchanresses Always obtain signature of addroaeee or agent and DATE DELIVERED. 5. S ature — Ad ae /liM� 8. Addre 's Address (ONLY if re tp paid) co "n 8. Signature — Agent 7.. j9�o Date of Delivery PS Form 3811, Mar. 1988 + U.S.O.P.0. 1988-212-805 'W�C RETURN RECEIPT ate oT Norm carouna Mmmljartment of Environment, alth aM idafural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 8, 1995 41plu If7:�Oj O: Mr. Bruce Freeman, Director Division of Marine Fisheries 44 E:>EHNF1 RECEIVED FROM: John R. Parker Major Permits Processing Coordinator r a-,� 151996 DM QE MARINE FISHERIES SUBJECT: CAMA/DREDGE & FILL Permit Application Revie Applicant: Bald Head Island, Ltd./Pfizer Tract Project Location: South side of NC Hwy 211 (Ferry Rd) and the Price's Cree Ferry terminal, adj to the Cape Fear River, just east of the in Brunswick Co. v� qqN 11gryA� 1996 City limits Proposed Project: To develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. Erase indicate below your agency's position or viewpoint on the proposed project and return this form by January 3, 1996. If you have any questions regarding the proposed project, please c Brooks at extension 247. When appropriate, in-depth comments with supporting data � EEB�ol�stat'Nt REPLY: _ This agency has no objection to the project as proposed. 0) 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 2�L2 I1.0 0,i_ DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Parker/Sperberg January 18, 1996, Page 2 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 .A� ANA North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray -McCain; -secretary Jeffrey J. Crow, Director February 13, i996 MEMORANDUM TO: John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Colonel Robert J. Sperberg, District Engineer District Army Corps of Engineers, Wilmington - `" Q 4 c lx r 0 FROM: David Brook y'��; Deputy State 1-1 torlc Preservation fic r SUBJECT: Bald Head Island, Ltd./Pfizer Tract, Deep Water r Point, develop marina and operations complex, 9 Brunswick County, ER 96-8055 We are writing to supplement our memorandum of January 18, 1996, regarding the above permit application and an archaeological survey of the project area conducted by Archaeological Research Consultants, Inc. (ARC). In our previous memorandum we concurred with ARC's recommendation that additional archaeological testing be conducted at archaeological sites 31BW564** and 31BW571 to determine if the sites are eligible for listing in the National Register of Historic Places and that no additional archaeological investigations be conducted at the remaining seven sites identified in the project area. We, therefore, recommend that any permit issued for the project contain the following conditions: Prior to initiation of ground disturbing construction activities in the immediate vicinity of archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) shall be conducted to evaluate if the sites are L , eligible for listing in the National Register of Historic Places. 71 If either site 31 BW564* * or 31 BW571 is determined eligible for listing in the National Register of Historic Places, and if the site(s) will be adversely affected by proposed construction activities, a detailed impact mitigation plan will be developed and executed. All archaeological investigations shall be conducted under the direction of an experienced archaeologist. Upon completion of the site testing and evaluation process, a written report will be submitted to the North Carolina Division of Archives and History. Any mitigation plans developed for the 109 Fast Jones Street • Raleigh, North Carolina 27601-2807 l&9 Parker/Sperberg February 13, 1996, Page 2 site(s) must be approved by the Division of Archives and History prior to implementation. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. 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 W%Rw ""F tot North Carolina artment of Environment, ealth and Natural Resources Wilmington Regional Office Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce Freeman, Director February 13, 1996 TO: John Parker FROM: Fritz Rohde A,� L �EHNF� SUBJECT: Bald Head Island, Ltd./Pfizer Tract The North Carolina Division of Marine Fisheries has several recommended changes to the above project. aft 1) Minimize wetland losses by moving the proposed access channel about 150 feet to the northeast. 40 2) Reduce the length of the proposed jetties to lessen the impact to shallow water habitats. -- --> 3) Avoid dredging in the river between 1 February and 31 July (moratorium). � 4) Address concerns of DEM Water Quality review. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December MEMORANDUM EO Jr, 5 1996 TO: P. A. "Ski" Wojciecho _414T Division of Marine Fish FROM: John Parker Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Bald Head Island, Ltd./Pfizer Tract PROJECT LOCATIO South side of Hwy. 211 & the Prices Crk. Southport/Ft. Fisher Ferry Terminal, adj. Cape Fear River, Brunswick Co. PROPOSED PROJECT: To develop a marina and operations complex to service the island. 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. REPLYy There are no known public trust conflicts with the project location or There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed Date �i{fiE Qiy.tO PiZDf ��TJ' 7a Go.v�/� � .i�GL LfiivDl � yiNG �LOw TrS�it /�/ G,f/ wiFTd/' G /niiY of: No �S- //3- Zoe GGdi� P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer G�B/L f", /z/vr� •��� A4-/ck /f Telephone 919-733-2293 FAX 919-733-1495 60% recycled/ 10% post -consumer paper Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 1 01 1 TO: FROM: SUBJECT: Applicant: December 8, 1995 Mr. Charles Gardner, Director Division of Land Resources � 4 L IDFEE HNF=?, John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review QB9dHead Island, Ltd./Pfizer Tract DEC��tA995 MpNp�EMENT Project Location: South side of NC Hwy 211 (Ferry Rd) and the Price's Creek Southport/Ft. Fisher Ferry terminal, adj to the Cape Fear River, just east of the Southport City limits in Brunswick Co. Proposed Project: To develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 3, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. 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. Ea ,M �rFfr,onl: ERes.cA ccara« Pua.J AAor2w t t5 tiJECNSIAPI Fc2 Tins Pt2o 1Fcl This agency objects to the project !Siscribed ' e attached comments. SIGNED DATE 17-1 I1 / 9.5 127 Cardinal Drive E n, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 2 96 >t ite �:48Po•t t�vortn Carolina C pa Ment of Environment, H a and Natural Resources Di io f Coastal Management Jaies . Hunt, Jr„ Governor Jo n B. Howes, Secretary Ro _t -N Schecter, Director Decembi MEMORANDUM TO: Ms. Linda Sewall Director Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator DCU C " 1995 SL&MCT: CAMA/DREDGE & FILL Permit Application Review 1 PPLICANT: Bald Head Island, Ltd./Pfizer Tract PROJECT LOCATION: S. sr Hwy. 211 & the Prices Crk. Souihp ,rt Ft. Fisher Feri Terminal, Brunswick Co - PROPOSED PROJECT: To develop a marina and operations compleq( Piease indicate below your agency's position or viewpoint on the proposed pr ,;c t UDI r, r.- r this form by January 9, 1996. If you have any questions regarding the proposed proieo cntact John P. '- r at 733-2293. When appropriate, in depth comments [silly oui n are requesteJ- ' R -TL1' _ _� This agency has no objection to the project as propo_e,l ? This agency has no comment on tirrr proposed project. This agency approves of the project, only if the recommcroie' changes are incorporated. See attached` This agency objects c the proje::t for reasons described r ;L� a [ached, comments. G.lfyt liLCrf •j ci. �J r'60 ^ - Cam!% 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 December 19. 1995 MEMORANDUM 1, .�' C)EHN11 TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Bald Head Wand, Ltd./Pfizer Tract PROJECT LOCATION: S. side of Hwy. 211 & the Prices Crk. Southport/Ft. Fisher Terminal, Brunswick Co. PROPOSED PROJECT: To develop a marina and operations complex. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY 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. w This aRency Dbiects to the project for reasons described in the attach co ents. Signed - Date a /r r [JO S esi CO,v,v._L.r,o. 4W)O W 0 K_tG Arse74-LwY t0 y-H141&*LVA471 Re6rtT-or-w.4y SNo✓moo ,ye_ CooAA,. ,s* y -j-�{A.00 { LO�.4t� A?'IL KJ LsT-A_L«r 0,=flame I!� wltµ,Naf[IAA.. Ao.o 7G.AAy 01k%16& P.O. Box 27687, Raleigh, North Cc olina 27611-7687 Telephone 919.733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper 1✓4, - �-,.,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 December 19, 1995 MEMORANDUM E:)EFA" R TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator ✓ RECEIVED FEB 281996 WAVAL MANAGEMENT SUBJECT:. CAMA/DREDGE & FILL Permit Application Review APPLICANT: Bald Head Island, Ltd./Pfizer Tract PROJECT LOCATION: S. side of Hwy. 211 & the Prices Crk. Southport/Ft. Fisher Ferry Terminal, Brunswick Co. PROPOSED PROJECT: To develop a marina and operations comples. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January. 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting. data are requested. \ REPLY This agency has no objection to the project as proposed. �1 This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. a This agency objects to the project for reasons described in the attached comments. Signed Dat_ 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 .. North Carolina W.ie:partment of Environment, th and Natural Resources ington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 10 1 Dik3161-4r,101 il OIL TO: FROM: SUBJECT: Applicant: Project Location: December 8, 1995 Mr. William A. McNeil, Director Division of Community Assistance i xA �EHNF1 John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Bald Head Islan , Ltd./Pfizer Tract yk � REJp EO 5 DEMp 15 South side of NC Hwy 211 (Ferry Rd) and the Price's Creek Southport/Ft. Fisher Ferry terminal, adj to the Cape Fear River, just east of the Southport City limits in Brunswick Co. Proposed Project: To develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 3, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY:\ s agency has no objection to the project as proposed. v �s 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. SIG DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 19, 1995 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources /, • • ID FE F1 FROM: John Parker, Jr. Major Permits Processing Coordinator RW n't DEC 291995 111 C . • •, • '* SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Head Island, Ltd./Pfizer Tract PROJECT LOCATION: side of Hwy 211 & the Prices Crk. Southport/Ft. Fisher Ferry Terminal, Brunswick Co. PROPOSED PROJECT: To develop a marina and operations complex. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY \ This agency has no objection to the project as proposed. \fir i� This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed 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 . N 10 State of North Carolina -De$artment of Environment, Health and Natural Resources ' e Wilmington Regional Office Division of Coastal Management tiy. James B. Hunt, Jr., Governor p E Jonathan B. Howes, Secretary Roger N. Schecter, Director December 8, 1995 MEMORANDUM: R£CEs co DEC 19 eD 95 TO: Wayne Strickland, LPOaNEiAL wit fX.�Southport C- MENi' FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bald Head Island, Ltd./Pfizer Tract Project Location: Sou a of NC Hwy 211 (Ferry Rd) and the Price's Creek Southport/Ft. Fisher Ferry terminal, adj to the Cape Fear River, just east of the Southport City limits in Brunswick Co. Proposed Project: To develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 3, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLYy 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. SIG Gig DATE 127 Cardinal ive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY ATTENT10N of May 1, 1996 Regulatory Branch Action ID No. 199602657 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Bald Head Island, Limited, for a Department of the Army (DA) permit to excavate 0.21 acre of vegetated wetlands and 2.53 acres of non -vegetated wetlands and shallow bottom to establish an access channel and basin and construct jetties, bulkheads and docking platforms associated with a marina/operations complex on the Cape Fear River, adjacent to Prices Creek, east of Southport, Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be done in strict compliance with revised permit plans, dated February 15, 1996. �( b. All bulkheads will be positioned in strict accordance with permit plans. Z C. An earthen plug will be left between the inland basin and the Cape Fear River until excavation landward of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. 3 d. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent the spillover of s j into any vegetated wetlands or surrounding waters. tit or ECG MAY '3 19% CoAsmL Qm *M EME NTT -2- G} e. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than k 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 3 f. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area to ensure maximum settlement of suspended solids. b g. Flow from the diked retention area will be confined by 1- pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. h. No excavated or fill materials will be placed any time in any vegetated wetlands or waters. 3^� i. No vegetated wetlands will be filled. j. Excavation will not exceed ten (10) feet below the S elevation of mean low water (MLW). a k. The temporary placement or double handling of excavated L or fill materials within waters or vegetated wetlands is not authorized. 1. This permit does not authorize the interference with any i-1 existing or proposed Federal project. The permittee will not be C� entitled to compensation for damage or injury to the authorized structure or work that may be caused from existing or future operations undertaken by the United States in the public interest. �2 M. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or next to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. n. If the display of lights and signals on the authorized d structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. -1-3 0. The permittee will maintain the authorized work in good condition and in concordance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. -3- p. The activity will be conducted in a way that prevents a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less are not considered significant. q. This Department of the Army permit does not make unnecessary the need to obtain other Federal, State, or local authorizations required by law. s '� r. The permittee will ensure that the following construction guidelines are followed to avoid impacts to the Federally endangered West Indian Manatee (Trichechus manatus): � (1) The permittee will instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. A (2) The permittee will advise all construction personnel that there are civil and criminal penalties for harming, harassing or killing manatees which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. the permittee and any contractor may be held responsible for any manatee harmed, harassed or killed as a result of construction activity. Q (3) Siltation barriers will be properly secured and made of material in which manatees cannot become entangled. The barriers will be regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry or exit from essential habitat. 4 (4) All vessels associated with the project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less that four feet clearance from the bottom. Vessels will follow routes of deep water whenever possible. Q (5) If manatees are seen within 100 yards of the dredging area, all appropriate precautions will be implemented to ensure protection of the manatees. These precautions will include operating all equipment in such a manner that moving equipment does not come any closer than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of equipment, or vice versa, the equipment will immediately be shut down. (6) Any collision with, or injury to, a manatee will be reported immediately to: Mr. Robert O. Turner Manatee Coordinator 6620 Southport Drive, South Suite 330 Jacksonville, Florida 32216-0912 (904) 232-2580 5 (7) The permittee will maintain a log detailing sighting, collisions or injuries to manatees should they occur during the construction period. Following project completion, a report summarizing incidents and sightings will be submitted to Mr. Robert O. Turner. S. Prior to initiation of ground disturbing construction t� activities in the immediate vicinity of archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) will be conducted to evaluate if the sites are eligible for listing in the National Register of Historic Places. t. If either site 31BW564** or 31EW571 is determined i77 eligible for listing in the National Register of Historic Places, �I and if the site(s) will be adversely affected by proposed construction activities, a detailed impact mitigation plan will be developed and executed. U. All archaeological investigations will be conducted under the direction of an experienced archaeologist. Upon completion ' of the site testing and evaluation process, a written report will be submitted to the North Carolina Division of Archives and History. Any mitigation plans developed for the site(s) must be approved by the Division of Archives and History prior to implementation. Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, dj/Uld Ernest Jahnke Field Office Manager Wilmington Field Office Regulatory Branch a Copies Furnished: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33,726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service 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. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. David Brook Deputy State Historic Preservation Officer North Carolina Department of Cultural Resources Division of Archives and History 109 East Jones Street Raleigh, North Carolina 27601-2807 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTEN nON OF April 10, 1996 Regulatory Branch Action ID No. 199602657 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Dear Mr. Hefner: Reference the application of Bald Head Island, Limited, for a Department of the Army (DA) permit to excavate 0.21 acre of vegetated wetlands and 2.53 acres of non -vegetated wetlands and shallow bottom to establish an access channel and basin and construct jetties, bulkheads and docking platforms associated with a marina/operations complex on the Cape Fear River, adjacent to Prices Creek, east of Southport, Brunswick County, North Carolina. Also reference your letter of February 23, 1996, and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). on behalf of the applicant, Land Management Group, Incorporated, has examined the area to be affected by the proposed action and found no indication of the presence of red -cockaded woodpeckers (Picoides borealis) or their typical habitat. A copy of the consultant's report, with photographs, is enclosed. Considering this report and inspections of the property by Corps of Engineer and North Carolina Division of Coastal Management representatives, we have determined that accomplishment of the proposed work would not be likely to adversely effect the continued existence of the endangered red - cockaded woodpecker. At your earliest convenience, your consideration and concurrence would be appreciated. In addition, as requested in your letter of February 23, 1996, any issued permit will include the conditions you recommended to ensure that any impacts to the endangered West Indian Manatee (Trichechus manatus) are minimized. Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure , -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Sox 27687 Raleigh, North Carolina 27611-7687 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 DEPARTMENT OF THE ARMY .�9 WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 ` 2 IN REPLY REFER TO ~ February 5, 1996 rn Regulatory Branch Action ID No. 199602657 I"4 m ki L' Bald Head Island, Ltd. C/o Mr Dan Weeks Poet Office Box 3069 Bald Head Island, North Carolina 28461 Dear Mr. Weeks: On December 14, 1995, you applied for Department of the Army authorization to dredge 9,000 square feet of vegetated wetlands and an additional 110,400 square feet of non -vegetated wetlands and shallow bottom, in the Cape Fear River, adjacent to the Prices Creek Southport/Fort Fisher Ferry, on NC 210, east of Southport, in Brunswick County, North Carolina. After review of your proposal, the National Marine Fisheries Service and the U.S. Environmental Protection Agency requested more information and/or recommended a modification of your proposed work by letters dated January 12, 1996, and January 17, 1996 (copies enclosed). These recommendations are due to anticipated adverse environmental impacts. 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 February 19, 1996. Should you have any questions or comments, please contact me at telephone (910) 251-4636. Sincerely, Jeff Richter Project Manager Wilmington Regulatory Field Office Enclosures a. - Copies Furnished (without enclosures): 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 Zsland 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, N.E. Atlanta, Georgia 30365 r 11 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 _ February 23, 1996 Colonel Robert J. Sperberg District EngineerU.S. Army Corps of Engineers rMAR6 Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attn: Jeff Richter, Regulatory Branch Dear Colonel Sperberg: The U.S. Fish and Wildlife Service (Service) has reviewed the State Field Investigation Report for Bald Head Island, Ltd. in Brunswick County (Action ID No. 199602657) with regard to the effects the proposed project may have on fish and wildlife resources. This is the report of the Service and the Department of the Interior and is submitted in accordance with provisions of Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The applicants propose to develop a marina and operations complex, to provide service to Bald Head Island. The tract's eastern boundary is adjacent to the northeast Cape Fear River, and is densely wooded with mixed hardwoods, mature live oaks, and pine. Highground construction associated with the marina would develop half of the upland acreage on the property and create 53 acres of impervious coverage. The Federally endangered Red -cockaded Woodpecker (Picoides borealis) is known to occur in Brunswick County. Active clusters are known to exist in the vicinity of the project site. In accordance with Section 7 (a)(2)(3) of the Act, the Federal agency (in this case, the Corps of Engineers) authorizing, funding or carrying out the action is responsible for the final effect determination the project may have on Federally -listed species and forwarding that determination to the Service for concurrence. According to the Interagency Cooperation Regulations (50 CFR 402.02), "'Action area' means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action". Therefore, the Service is requesting that the Corps make a determination as to the effect of the entire project on the Red -cockaded Woodpecker. r The Corps should also inform the applicant that the Federally endangered West Indian Manatee (Trichechus manatus) occasionally frequents the Cape Fear River. The permittee should ensure that the enclosed construction guidelines for avoiding impacts to manatees are followed. Please provide the Service with your official determination regarding potential impacts to Federally -listed species in the project area, and a brief outline of the methodology used in making that determination. The Service appreciates the opportunity to comment on this project. Please continue to advise us of the progress of this project, including your official determination of the impacts of this project. sincerely �J�l�yours Cherry Green Acting Field Supervisor FWS/R4/SZwicker/SMZ:02-20-96/919-856-4520 ext 16/wp:baldhead r CONSTRUCTION GUIDELINES FOR AVOIDING IMPACTS TO MANATEES 1. The contractor should instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. 2. All construction personnel will be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. The permittee and/or contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. 3. Siltation barriers should be properly secured, and be made of material in which manatees cannot become entangled. The barriers should be regularly monitored to avoid manatee entrapment. Harriers must not block manatee entry to or exit from essential habitat. 4. All vessels associated with the project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom. Vessels will follow routes of deep water whenever possible. 5. If manatees are seen within 100 yards of the dredging area, all appropriate precautions shall be implemented to ensure protection of the manatees. These precautions shall include operating all equipment in such a manner that moving equipment does not come any closer than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of equipment, or vice versa, the equipment should immediately be shut down. G. Any collision with, or injury to, a manatee will be reported immediately to: Mr. Robert 0. Turner Manatee Coordinator 6620 Soutport Drive, South Suite 310 Jacksonville, Florida 32216-0912 (904) 232-2580 7. The contractor will maintain a log detailing sightings, colli-sions, or injuries to manatees should they occur during the contract period. Following project completion, a report summarizing incidents and sightings should be submitted to Mr Robert 0. Turner at the above address. V s UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration e NATIONAL MARINE FISHERIES SERVICE s4,rs o. Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, Florida 33702 January 12, 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 199602657(GP) dated December 19, 1995. The applicant, Bald Head Island, Ltd., proposes to construct a marina and operations complex to service Baldhead Island near Southport, Brunswick County, North Carolina. The purpose of the work is to provide adequate passenger ferry service, operational support facilities, and barge landing access to meet the needs of the Baldhead Island community. The proposed project consists of the construction of a 4.5 acre marina in uplands located adjacent to the Cape Fear River. The 700-foot-long by 300-foot-wide by 8-foot-deep basin would be connected to the river by a 750-foot-long by 150-foot-wide by 10- foot-deep access channel. The width of the access channel would be reduced to 75 feet where it crosses a 150-foot-wide wetlands fringe along the shoreline. A hydraulic pipeline dredge would be used to excavate the access channel with dredged material disposal in a diked upland disposal site. Also proposed are two 420-foot-long jetties located on either side of the access channel. Limestone riprap would be placed on both sides of each jetty resulting in a 30-foot-wide foot print. The boat basin would include three fixed docks (a 110-foot-long by 28-foot-wide main passenger dock, an 80- foot-long by 20-foot-wide employee/contractor ferry dock, and a 210-foot-long by 10-foot-wide fuel dock). The sides of the basin would be stabilized with a vinyl bulkhead. The upland portion of the 172 acre site would be developed as parking area, barge landing, a marine maintenance building, offices and storage buildings with 70 acres remaining undeveloped. This project is located adjacent to the Cape Fear River with a marsh border along the shoreline varying in width form 150 to 400 feet. Brackish and saltwater plant species including, giant cordgrass (Soartina cvnosurides), saltmeadow cordgrass (Spartina patens), sawgrass (Cladium iamaicense) spike -grass (Distich A `1 ® Primed on Recycled Parwr yy spicata), and saltmarsh cordgrass (Spartina alterniflora) vegetate this area and extend into the interior of the property along its southern border. These tidal wetlands provide nutrients, in the form of detritus, that is an important component of the aquatic food chain. They also remove pollutant from upland run-off and adjacent waters and, thereby, function to maintain good water quality in the Cape Fear River system. The regularly flooded portion of these wetlands also provides a refuge from predators for the juveniles of estuarine dependent fishes and function as nursery areas.1,2 Commercially and recreationally important fishes found in the project area include Atlantic croaker (Micropogonias undulatus), spot (Leiostomus xanthurus), spotted seatrout (Cvnoscion nebulosus), bluefish (Pomatomus saltatrix), flounders (Paralichthvs spp.), red drum (Sciaenops ocellatus), Atlantic menhaden (Brevoortia tyrannus), striped mullet (Mugil cephalus), and weakfish (Cvnoscion regalis). Based on coordination with the North Carolina Division of Marine Fisheries and the North Carolina Division of Coastal Management, we are concerned that several aspects of this project would be detrimental to wetlands and fishery resources found in the project area. The proposed access channel alignment does not minimize wetland losses. Realigning the channel approximately 150 feet to the northeast would reduce the wetland losses by 50 percent. Also, we question the need for jetties of the length proposed. Construction of these structures will alter 0.5 acre of river bottom that supports fisheries. We believe that limiting the length of these jetties to 200 feet would meet the needs of the applicant and reduce impacts to benthic habitat. In addition, the public notice provides no information regarding the impacts of the project on water quality. We understand that an assessment of project impacts on water quality, including a stormwater run-off management plan, is being reviewed by the North Carolina Division of Environmental Management (NCDEM). We believe that the results of this assessment should be reviewed prior to a decision regarding federal authorization of this work. Upon completion of this assessment, we will support the recommendations of the NCDEM on the water quality issues involved with this work. In view of the above, we recommend that federal authorization of this project not be granted unless the following conditions and modifications are incorporated: 1Wiegert, R.G. and B.J. Freeman. 1990. Tidal salt marshes of the southeast Atlantic coast: a community profile. U.S. Fish and Wildl. Serv. Biol. Rep. 85(7.29). 70 pp. 2Odum, W.E., T.J. Smith III, J.K. Hoover, and C.C. McIvor. 1984. The ecology of tidal freshwater marshes of the United Sates east coast: a community profile. U.S. Fish & Wildl. Ser. FWS/OBS- 83-17. 177pp. 1. The proposed access channel should be realigned approximately 150 feet to the northeast to minimize wetland losses. 2. The length of the proposed jetties should be reduced to approximately 200 feet. 3. The recommendations of the NCDEM, resulting from. the water quality assessment to be conducted, be accepted and incorporated into any issued permit. Thank you for the opportunity to provide these comments. If we can be of further assistance, please advise. Andteas Mager Jr. Assistant Re oval 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/SEO2 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 ILK WILMINGTON, NORTH CAROLINA 28402-1890 /�,� K REPLY TO ATTENTION OF January 16, 1996 Regulatory Branch Action ID No. 199602657 Bald Head Island, Ltd. c/o Mr. Dan Weeks Post Office Box 3069 Bald Head Island, North Carolina 28461 Dear Mr. Weeks: 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 December 18, 1995, for Department of the Army authorization to dredge 9,000 square feet of vegetated wetlands and an additional 110,400 square feet of nonvegetated wetlands and shallow bottom, in the Cape Fear River, adjacent to the Prices Creek Southport/Fort Fisher ferry, on NC 210, east of Southport, in Brunswick 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. ftN M ® PAVO p Ppu I 'ti -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 January 30, 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. 199602657 and will be coordinated by Mr. Jeff Richter in our Wilmington Field Office. Mr. Richter may be contacted at telephone (910) 251-4636. Enclosure Sincerely, Ernest Jahnke Manager Wilmington Regulatory Field Office -3- copies Furnished (without enclosure): r. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Bob Stroud Office Manager Wilmington Regional office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF January 16, 1996 Regulatory Branch Action ID No. 199602657 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Bald Head Island, Ltd. for Department of the Army authorization and a State Water Quality Certification to dredge 9,000 square feet of vegetated wetlands and an additional 110,400 square feet of non -vegetated wetlands and shallow bottom, in the Cape Fear River, adjacent to the Prices Creek Southport/Fort Fisher ferry, on NC 210, east of Southport, in Brunswick County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by March 15, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker /Division of Coastal Management VNorth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 NrAw W 0 PAVVd p Pape IN REPLY REFER To Regulacory Branch WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 Se.c- Ig IggS Action ID. 10A(9(D),6S-7 Applicant _,1 � A kt:,L10\ Waterway Cc1R2 1-c,c-r Rkvec' County vt� ta��c�C Type Work 7c ecla ��c Mr. Larry Hardy National Marine Fisheries Service, NOAA Fivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Fosc Office Box 33,26 :Raleigh, ;forth Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Weclands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker ,; f Division of Coastal Management North Carolina Departmenc of Environmenc, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 _ nC. a Ob �S+7*OUA �11m.na�on Regional Office Divisio of Coastal Management North Carolina Department of Environment, Health and Natur Resources ^ _ Im�na Yoh NOY'-��\ CwrJ`�ndt 384S Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a Stace Field Investigation Report is enclosed. Your commenand/or recommendations would be a4reciaced on or before Joy{,vats. Iq /ACIts Quescions or comments Ibay be addressed to Regulatory Branch, �, 11^n iy%gion Field Office, telephone Ft10) 151 - LA6311. Sincerely, 4a e Wrigh Chi Regular Branch Enclosure c3 March 26, 1996 Mr. John R. Parker, Jr. DEHNR Division of Coastal Management P. O. Box 27687 Raleigh, NC 27611-7687 Dear Mr. Parker: CIMH7 D MAR 2 7 1996 DIVISION OF COASTAL MANAGEMENT Please find enclosed a revised site plan dated February 15, 1996 and subsequent information pertaining to the Pfizer Tract CAMA application. First and foremost, you will find enclosed a Tidal Hydrologic Flushing Model for our proposed marina prepared by the Land Management Group. The parameters were based on comments by EPA and DEM utilizing the worst case scenario during a hot predawn July morning. The model was also designed for the marina, 100' access channel and 200' long jetties extending below MHW, and secondly, the marina, 100' access channel and 400' long jetties below MHW as per our proposed plan. We had set it up this way to address the comment pertaining to reduced jetty length expressed by the National Marine Fisheries. The Land Management Group has concluded the latest marina design and location is well suited to maintain acceptable dissolved oxygen concentrations in this lower section of the Cape Fear River. In addition, I would like to emphasize that based upon the results from the model, there is negligible difference in dissolved oxygen between the 200' jetty and the 400' jetty. Based upon our past experience at our current marina, our proposed jetty length of 400' meets the water quality standards, will provide less maintenance in the long run and provide a safe and efficient access channel into the barge landing and marina. Please note, that the access channel has been relocated to minimize the amount of disturbance across the 404 wetlands at its narrowest point. With the above mentioned information and technical data, we have addressed all of the comments stated in your letter dated February 7, 1996 from your review process which should hopefully expedite the application. Should you have any questions and/or comments, please contact me at 910-457-7339. Sincerely, Daniel H. Weeks, ASLA Director of Planning Enclosure cc: Ed Brooks, Jeff Richter, John R. Domey, Ken Stewart, Ken Kirkman, David Edwards PO Box 3069, Bald Head Island, North Carolina 28461 • (910) 457.5000 • FAX (910) 457.9232 BALD HEAD ISLAND LAND BASE TIDAL HYDROLOGIC FLUSHING STUDY PF7ZFR TRACT MARINA SOUTHPORT, NORTH CAROLINA ID 4171-1, rlol� MAR 2 7 1996 DIVISION OF FOR COASTAL MANAGEMENT DAN WEEKS BHI PLANNING DEPARTMENT P.O. BOX 3069 BALD HEAD ISLAND, NORTH CAROLINA 28461 m LAND MANAGEMENT GROUP, INC. MARCH 18, 1996 JOB 996-111 March 18, 1996 Dan Weeks BM Planning Department P.O. Box 3069 Bald Head Island, North Carolina 28461 Re: Pfizer Tract Marina - Tidal Hydrologic Flushing Study Dear Dan: Based on the various review agency concerns about water quality in the created high ground basin design, we assessed future dissolved oxygen rates (DO) utilizing the accepted DEM computer model (Report No. 90-01). The ambient water quality parameters were obtained from ADM at their "Pfizer Station" approximately 1,600 feet to the northeast of the project. As was requested by EPA and DEM comments, the model was run utilizing the worst case scenario during a hot predawn July morning when water has it historically lowest DO readings. In this case, the ambient DO used in the model was 5.7 mg/1 at 290C with a saturation DO of 7.8 mg/l. The average channel depth was 10 feet (mlw) at 100 foot yidth as worst case at the narrowest point at barge landing.. The marina basin was figured at an average depth of 8 feet (mlw) for 5.5 acres of surface area. We used a 4.5 feet average tidal amplitude and a worst case for boat activity at 0 boat hours/day. In addition the more conservative reareation constant was used at 0.3/day which is the preferred DEM constant. Based on various studies when tidal amplitudes are greater than 2 feet, the return flow factor is negligible and 0 was used in this model. Several conclusions were obtained from review of the DEIVi marina studies. The most important was that sediment oxygen demand (SOD) has much greater influence on ambient DO concentrations than biological oxygen demand (BOD) caused from boat discharges or direct runoff. It appears that chemical reduction and bacterial respiration of organic matter in future marina sediments create a strong demand for oxygen in the water column. This SOD rate varies with temperature, siltation rates and resuspension/dredging of muds and silts. Luckily this site has a relatively hard pack sandy bottom from deposition of fast moving currents which results in little deposition of finer materials. In any case, the average SOD rate of 1.5 (grams 02/1712 per day) was used and the accepted SOD worst case of 3 (grams 02/m2) was used. March 18, 1996 The two segment marina -tidal amplitude model was chosen in all worst case scenarios/parameters described above. Attached are the results of the computer calculations for 24 hours during this hot July day. They are outlined as follows: Test Run A Marina with 350' x100' Channel and 200' Jetty Below MHW SOD - 1.5 (Avg) Worst Case DO Result = 5.70 mg/1 Test Run B Marina with 350' x 100' Channel and 200' Jetty Below MHW SOD - 3.0 (Worst Case) Worst Case DO Result = 5.13 mg/1 Test Run C Marina with 550' x 100' Channel and 400' Jetty Below MHW SOD - 1.5 (Avg) Worst Case DO Result = 5.71 mg/l Test Run D Marina with 550' x 100' Channel and 400' Jetty Below MHW SOD - 3.0 (Worst Case) Worst Case DO Result = 5.07 mg/1 I would have to conclude that even using the worst case conditions from the model's parameters during the hottest month of July there should be no contravention of the ambient water DO standards for the 400' jetty below viHW. This positive condition is most likely due to the project's high tidal amplitude and large surface area to volume ratios. Since the project borders an extremely deep shipping channel at depths to 36 feet to 40 feet (mlw) it is doubtful a worst case SOD condition could be achieved due to accumulation of fine organic laden silts. The hourly barge and ferry traffic in and out of the marina basin would also help re -aerate the waters and help to avoid stagnate conditions and low DO conditions. During the ebb tidal cycle, it appears the marina basin should have a strong current gradient towards the shipping channel; and, - during the flood tide with predominant southwest winds, there should be a free exchange of high salinity waters. It appears, therefore, that the latest marina redesign is well suited to maintain acceptable dissolved oxygen concentrations in this lower stretch of the Cape Fear River. There is negligible difference in DO between a 200' jetty below MHW or a 400' jetty below IvIHW. For purposes of the model we used the solid concrete jetty design with rock riprap at its toe. Bald Head Island Land Base 2 Pfizer,Tract. March 18, 1996 ' If you need clarification or have any questions, please feel free to contact me at your convenience. Enclosures: 4 Runs of Model ADM Salinity/DO Samples Revised Marina Plan 3/15/96 Sincerely, Rob Moul, MEM Environmental Consultant 0 Bald Head Island Land Base 3 Pfizer Traci NIARINA WITH 350'X 100'CHANNEL. & 200' JETTY AT WATERWARD END BELOW MHW TEST RUN "A" TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 35000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5 RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= 1.5 AMBIENT DO (MG/L)= 5.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= 0 MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.70404 5.695035 217 5.706 5.697042 218 5.709427 5.701858 219 5.714753 5.70792 220 5.724077 5.714065 221 5.729482 5.719526 222 5.730678 5.723058 223 5.729891 5.723384 224 5.727539 5.719512 225 5.723956 5.711629 226 5.723438 5.70207 227 5.710468 5.696488 DOCAVG (MG/L)= 5.719481 DOMAVG (MG/L)= 5.709304 228 5.70404 5.695031 229 5.706 5.697038 230 5.709427 5.701855 231 5.714752 5.707918 232 5.724077 5.714062 233 5.729481 5.719523 234 5.730675 5.723055 235 5.729887 5.723381 236 5.727535 5.719508 237 5.723952 5.711624 238 5.723433 5.702066 239 5.710466 5.696485 DOCAVG (MG/L)= 5.719479 DOMAVG (MG/L)= 5.709299 ,MARINA WITH 350'XI00'CHANNEL & 200' JETTY AT WATERWARD END BELOW MHW TEST RUN "B" TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 35000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5 RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= 3 AMBIENT DO (MG/L)= 5.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= 0 MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.656882 5.064885 217 5.682508 5.134983 218 5.684695 5.184558 219 5.682729 5.205625 220 5.675631 5.198041 221 5.506615 5.189338 222 5.299201 5.177023 223 5.190911 5.158539 224 5.151837 5.131896 225 5.124016 5.097469 226 5.104732 5.059924 227 5.429291 5.030767 DOCAVG (MG/L)= 5.432426 DOMAVG (MG/L)= 5.1361 228 5.656884 5.064876 229 5.682508 5.134976 230 5.684695 5.184551 231 5.682728 5.205618 232 5.675625 5.198034 233 5.506604 5.189331 234 5.29919 5.177016 235 5.190903 5.158531 236 5.15183 5..131888 237 5.124007 5.097461 238 5.104731 5.059915 239 5.429301 5.0310759 DOCAVG (MG/L)= 5.432421 DOMAVG (MG/L)= 5.136087 'LIARINA WITH 550'X 100'fHANNEL & 400' JET1 Y Al WATERWARD END BELOW NIHW TEST RUN "C" TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA/JETTY AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 55000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5- RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= 1.5 AMBIENT DO (MG/L)= 5.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= 0 MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.710492 5.700623 217 5.709485 5.702687 218 5.712526 5.707191 219 5.718151 5.713054 220 5.727433 5.719135 221 5.734395 5.724532 222 5.73784 5.728002 223 5.73806 5.728266 224 5.735822 5.724332 225 5.732493 5.716388 226 5.73187 5.70677 227 5.719759 5.701494 DOCAVG (MG/L)= 5.725701 DOCAVG (MG/L)= 5.714388 228 5.71049 5.70061 229 5.709484 5.702676 230 5.712526 5.707181 231 5.718151 5.713045 232 5.727433 5.719126 233 5.734392 5.724523 234 5.737836 5.727992 235 5.738052 5.728256 236 5.735813 5.724323 237 5.732484 5.716379 238 5.73186 5.706761 239 5.7i9752 5.701485 bdCAVG (MG/L)= 5.725693 DOCAVG (MG/L)= 5.714371 MARINA WITH 550'X 100'CHANNEL & 400' JETTY AT WATER WARD END BELOW MH W TEST RUN "D" TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA/JETTY AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 55000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5 RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= AMBIENT DO (MG/L)= 5.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.534407 4.999212 217 5.626197 5.061766 218 5.652749 5.114146 219 5.657736 5.13837 220 5.650975 5.131626 221 5.53193 5.123755 222 5.360321 5.112259 223 5.222492 5.094584 224 5.144449 5.068741 225 5.102585 5.035103 226 5.083514 4.998339 227 5.308207 4.973883 DOCAVG (MG/L)= 5.406316 DOMAVG (MG/L)= 5.071023 228 5.534404 4.999176 229 5.626196 5.061735 230 5.652749 5.114118 231 5.657735 5.138342 232 5.650972 5.1316 233 5.531918 5.123727 234 5.3603 5.112232 235 5.222469 5.094557 236 5.144425 5.068714 237 5.102561 5.035076 238 5.083495 4.998313 239 5.308202 4.973858 DOCAVG (MG/L)= 5.406297 DOMAVG (MG/L)= 5.070979 3 9 AMBIENT SALINITY/DO IN RIVER �mwme_5.c•, 40 �LI� ARCHER GANIELS'NI1012,ND-compl.-NY P.O. 80X 1CS40 EAST MOORE ST. EXTENSION FOOO AOOIT;VES OTVISiON - TEL. 5101457-5011 ARCHER DANIELS MIDLAND COMPANY P. 0. BOX 10640 SOUTHPORT, N.C. 28461 FACSIMILE COVER SHEET DATE: TO: �,'OB MOUL CUSTOMER FAX NUMBER: SOUTHPORT. NO 2WI WE ARE SEND-NG YOU THIS =AGE AND THE ?O=LOWT_NC OF pa.CE_. 77 -:ERE ARE ?=iY ?zCcT_EMS, PLEASE CONTACT�AN�� tl�4iII�SI%��^S 7'-.53 AT SOUTHPORT, N.C. (9101 457-� -!, EXT. OL-R FAX NLMB= 15. 910-4^7-O 69. �^.AL Ti �?9C/�� � (Mti%/L) IkiI COMMiNTS : MAY U • n DUNE 21.( ( 11� �]uuy 5 Aug P-r a Table 2-5. Saturation Values of Dissolved Oxygen in Water Exposed to Water -Saturated Air Containing 20.90 Percent Oxygen Under a Pressure of 760 mm of Mercury' Chloride Conceat=d: In Water mg/I Diftereac4 per IOtl mg 0 i SOW I 10,000 Chloride I Vapor Temperature - Temperature I Pressure in"C DLnolved Oxygen me in°C I man 6 7 8 9 10 II 11 13 14 IS 16 13 !9 20 21 22 23 24 1S 26 27 �C in 14.6 13.9 13.0 0.017 I 0 1 1 S 14.2 13.4 12.6 I 0.016 1 S 0.3• 13.1 12.3 0.015 2 I j 13.5 i 12.7 1'_.0 0.015 i 3 6 13.1 I 12.4 11.7 1 0.014 ` � I 6 12.8 12.I 11.4 1 0.014 I S I4 12.3 11.8 1I.1 I 0.014 p I 7 !22 ! 11.5 10.9 j 0.013 1 7 1 3 11.9 ' IL2 ! 10.6 0.01E 8 1 8 11.6 11.0 I0.4 I 0.012 I 9 9 1!.3 I I 10.7 10.1 i 0.012 ! 10 I 9 I i.l I 10.5 1 1 9.9 j 0.011 i li 10.8 I 10.3 9.7 ! 0.01! 12 II 10.6 10.! I 9.S O.OII 13 I 1 !1 !3.4 i 9.9 9.3 I 0.010 j 1. :2 !0.2 9.7 1 9.1 ! I 0.010 I IS 1 13 ME) I 9.S ' 9.0 I 0.010 !6 I 1_ 9.7 I 9.3 8.8 .1 0.010 I7 i !S 9.5 i 9.1 I 8.6 ! 09 .00 IS 16 9.4 8.9 S.S j O.009 ! 19 !7 9.2 8.7 3.3 ; 0.009 j 20 i 18 9.0 8.6 1 8.1 0.009 21 ! 19 8.8 j 8.4 8.0 j 0.008 22 I 20 8.7 8.3 7.9 i 0.008 23 I I 21 8.5 i 8.1 7.7 I 0.008 24 . 11 _ 8.4 8.0 7.6 0.008 ! 23 I 24 9.7 7.8 7.4 0.008 26 25 8.1 7.7 7.3 0.008 2727 I I 7.9 7.5 7.1 0.008 23 28 7.3 7.4 7.0 0.068 on in 1.6 7.3 6.9 0.008, 30 j 32 ' Saturation at barometric pressures other than 760 mm (29.92 in.), C; is related to the -correspond- ing tabulated values. C;, by the equation: C;=C, 7� p where C;=solubility at barometric pressure P and given temperature, milligrams per liter C. =saturation at given temperature from table_ rtdlligrams per liter P-barometric pressure, millimeters P =Pressure of saturated water vapor at temperature of the water selected from table, millimeters 0 Stimcrure 2 a goo n Service Entry and Exit Zarcloyce and Contractor ?3r6g Exit only Ln or m: i; u a N.C. STATE HIGHWAY COMMISSION FERRY SUP CEL 71-1/ 41V(X�x r -, ll.S acres E--- Mean Hizh Water 3ur,,cycd E--- Aug. 1995 by Brus,swic5L NSurveying .Administrative offices, Warehouse and LIZ Existing SPoil Basin Am Structure 3 MarincNinintestance Contraotxr •maiting and loading -Structure 4 Barge finding and Staging area Bar,- Larding PLANNIIIN Concrete bulkhead Ace= Channel to,'Airins. 450'mcfe allows for both pawn ferry bcuita and barge Structure 6 - 16� Revised February 15, 1996 October 16. 1995 LAND USE PLAN P F I Z*E R T R A C T SOUMFOR7, NORTH CAROLINA Prepared br. Bald Head Wand Plainnift Department DEPARTMENT 3HI PLANNING DEPT.! P. d.. aox 3069 SAID 'HEAD ;SUND. 3C 29461 (919) 457-3000 SITE PLAN� Scale: 1' = 200* VD, Date: 1 3 GOT 95 N.,th AZSCRT =d RS5IQENTS RRT' NCING P!AEV CCCX 'rrccc r�unGs i:: clA. \l' Bh51N='_=Vh' ' riCGC P!LNGS i ]71A. �GL?tiIN= 2GTION h-A M-A RINA BASIN SCALE: NCTTC SCALE —� ACC -Be CHANEL TC MARINA ' GCnCRE-E =UL:C =AC 3AR_VGE LANDING 3/3" STr.EL cAEL.E �, �,I c,".: ccL=Nins ccnc.ANct+cR ALE I BASIN=_=VATICNa ACGc9S C:!AN_-t O.0 :I, TOP OF BULKF:EAL VINYL AV'IALL 5/8'STE=LCABLE MANTA .RAT ANC�CRInG SYS=N EAcxP!L_ SECTION AGG'cSS GFfANEL TO MARINA _ .$CAL:NOT T05CALE I z 0 K u Z FROFOSED MARINA mm WILMINGTON REGIONAL OFFICE DIVISION OF COASTAL MANAGEMENT 395-3900 MEMORANDUM TO: John Parker, DCM ection THROUGH: C. Robert Strou Permit , ilmington District Manager FROM: B.F. Brooks, Field Rep. HI SUBJECT: Submission of modified site plan for State permit application, Pfizer Tract DATE: April 8, 1996 Bald Head Island Management has submitted a modified plan drawing for the above referenced permit application. The proposed modification relocates the marina entrance channel, approximately 200 feet to the west of the its previous location, to minimize wetland loss. This submittal also includes the results of water quality modeling for the proposed marina, which was requested by other review agencies. Provided that the modeling information is reviewed favorably by the applicable agencies, the application would seem consistent with our rules, provided all applicable standard conditions for marinas, dredging, and upland development are incorporated into the permit. In view of recent problems at Bald Head Island Marina, I recommend that the project be denied, unless adequate spoil disposal area is dedicated on the project plats, to ensure long-term maintenance of this facility (Existing spoil area designated as future development). Please note that this area has been previously used for spoils disposal by the Southport Ferry Terminal (NCDOT-Ferry Div.). This permit will effectively terminate maintenance of that facility. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bald Head Island, Ltd./Pfizer tract 2. LOCATION OF PROJECT SITE: south side of NC Hwy 211 (Ferry Rd.) and the Prices Creek Southport/Ft. Fisher Ferry terminal, adjacent to the Cape Fear River, just east of the Southport City limits, in Brunswick Co. Photo Index - 1989: 183-16, N-X, 1-14 1984: 10-103, B-L, 9-24 State Plane Coordinates - X: 2304200 Y: 57400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE Dates of Site Visit - 11/28/95 Was Applicant Present - YES 5. PROCESSING PROCEDURE: Application Received - 11-15-95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick Co. and Southport Land Classification From LUP - Bruns. Co. - Urban Transition Southport - Transition residential and Developed Industrial (B) AEC(s) Involved: BW,PT,CW,BS (C) Water Dependent: yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Either City of Southport or Subsurface septic systems. (F) Type of Structures: Existing - Diked spoils disposal area Planned - (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Veg. Wetlands -Low coastal marsh 9000 sq.ft. High coastal/404 type marsh (B) Non -Vegetated Wetlands 33000 sq.ft. Shallow bottom/Public trust 77400 sq.ft. (C) Other 60-plus acres Highground disturbed (D) Total Area Disturbed: approx. 60 acres (E) Primary Nursery Area: NO M Water Classification: SC Open: CLOSED 8. PROJECT SUIINIMARY: The applicants propose to develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. Bald Head Island, Ltd./Pfizer Tract Page 2 9. PROJECT DESCRIPTION The project area is located on the northeastern edge of Southport's city limits, on the south side of NC Hwy. 211 and the Prices Creek, Southport -Fort Fisher ferry terminal, in Brunswick County. The 172 acre tract's eastern boundary is adjacent to the northeast Cape Fear River. There is an unimproved road which bisects the property from NC Hwy. 211 to a landing on the river, which is currently leased to Bald Head Island for loading and unloading of a barge to transport equipment and vehicles to the island. This area of the river's shoreline has historically been used for water access, and has been known as "Deep Water Point" since the early eighteenth century. It includes several documented archeological sites. The tract is densely wooded with mixed hardwoods, mature live oaks, and pine. The terrain is relatively flat to sloping, with elevations between 18 and 26 feet MSL, creating bluff -like uplands where elevations sharply drop to 5 to 7 feet MSL to a wetland plateau adjacent to the river. This coastal wetland border varies in width from 200 to 400 feet, and includes Giant Cordgrass S artina Unosuroidesl, Salt Meadow Grass (Snartina patensl, Saw Grass (Cladium jamaicensel, Spike Grass (Distichlas spicata), and Cat -tails (Typha spp.). Along the tract's southeastern shoreline, there is a discontinuous border of Smooth Cordgrass (Spartina alterniflora) at the water edge. The tract's northeastern shoreline consists of an existing diked spoils disposal area (1600 ft. X 300 ft.), which is used by the NC Division of Ferries, for maintenance of the Price's Creek ferry channel. The Smooth Cordgrass border waterward of this spoil area is more continuous, varying from 40 to 60 feet in width, as it continues around the point into Price's Creek. As is typical in coastal river floodplains, the wetland plateau includes numerous small islands and hummocks which exhibit woody vegetation. Trees and shrubs observed include; pine, red cedar, wax myrtle, yaupon, marsh -elder (Iva frutescen) and groundsel-bush Baccharris halimifolia). There is a wetland drainage feature, Betsy's Branch, that bisects the western side of the property and empties into the river. The upper reaches of this natural drainage way consist of Gum/Maple wooded swamp,, which transition into coastal wetlands, primarily Cat -tails, Saw grass, and Giant Cordgrass, as it reaches the flood plain of the river. There are three other wetland pockets on the northern perimeter of the tract. Aerial photography indicates that they were originally connected to Price's Creek, but became isolated during the construction of the road. The NC Division of Environmental Management classifies the adjacent surface waters, as follows: Price's Creek - SC Sw, Cape Fear River - SC, both are CLOSED to the harvest of shellfish. These waters are not designated as Primary Nursery Areas by the NC Division of Marine Fisheries. The Cape Fear River is approximately 3000 feet wide in the project area. The near edge of the 400 ft. wide shipping channel which serves Sunny Point Military Ocean Terminal and the NC State Ports at Wilmington, is approximately 900 feet offshore. The applicants propose to develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. The facility would replace the existing barge landing on this property, as well as, the current use of the Indigo Plantation Marina as a passenger ferry terminal for Bald Head Island. A 4.5 acre, upland basin would be excavated from highground adjacent to the Cape Fear River. The basin would be 700 feet long, 300 feet wide, and 8 feet in depth. The basin would include three fixed docking platforms: the main passenger ferry dock (110 ft. long X 28 ft. wide), the employee/contractor ferry dock (80 ft. long X 20 ft. wide), and a fuel dock (210 ft. long X 10 ft. wide). The sides of the basin would be stabilized by a vinyl bulkhead. An access channel in the northeast corner of the basin would connect to the river. The channel would be 750 feet long, 150 feet wide, and Bald Head Island Ltd./Pfizer Tract Page 3 10 feet in depth. From the river, the north half of the channel would terminate at a barge landing. The remaining 150 feet of channel into the marina basin would be 75 feet wide. The sides of the entrance channel would be stabilized by a sheet pile concrete bulkhead, which would become jetties extending approximately 420 feet into the open water area of the river. The applicants propose to armor both sides of the jetties with limestone riprap, and a dolphin waterward of the end of each jetty. In the area where the access channel cuts through the wetland plateau, the top elevation of the concrete sheet piling bulkhead would be lowered to allow the through flow of water to adjacent vegetated wetlands (See drawings pgs. 4 & 11 of 13). Support facilities for the operations center, constructed on highground would include: an information center (6400 s.f.); a 22 acre parking lot for resort visitors and residents; 10,000 s.f. passenger ferry landing and associated luggage and staging area; a 10,000 s.f. passenger waiting area building; a 4.7 acre parking lot for employees and contractors; a 3 acre site consisting of an administrative office and warehouse complex; a 1 acre marine maintenance site to include a repair shop/office building, parking, storage, fuel facilities, and a marine wastewater pump -out station; and the barge landing staging area which would facilitate the loading/unloading of the equipment and vehicle transport barge. The remaining 70.5 acres of the property (Parcels B & E) would not be disturbed at this time, but reserved for future development. 10. ANTICIPATED IMPACTS The proposed project would convert 4.5 acres of highground into an upland basin connected to estaurine waters. Excavation of the entrance channel would consume approximately 9000 sq. ft. of regularly flooded coastal wetlands and 33000 sq. ft. high marsh coastal wetlands and "404 type" wetlands. Channel construction would disturb 77,400 sq. ft. of shallow bottom habitat, and incorporate the same area of public trust waters. The channel jetties would protrude approximately 400 feet into navigable waters of the Cape Fear River, and may contribute to shoreline erosion on either side of the channel, depending on the direction of the tide. Associated highground construction would develop approximately half of the upland acreage, and create 53 acres of impervious coverage. There are approximately 70 acres of highground reserved for future development, which might potentially include, but not limited to, low or high density residential, commercial, or industrial development. Changes or additions of boat slips in the marina basin would also be anticipated to accompany future development, as well as, expansions of the Indigo Plantation marina, once the ferry operation is relocated. The project would provide a permanent facility to serve Bald Head Island's unique transportation needs. Submitted by: E. F. Brooks Date: 12/7/95 Office: Wilmington �s N March 26, 1996 Mr. John R. Parker, Jr. DEHNR Division of Coastal Management P. O. Box 27687 Raleigh, NC 27611-7687 Dear Mr. Parker: Please find enclosed a revised site plan dated February 15, 1996 and subsequent information pertaining to the Pfizer Tract CAMA application. First and foremost, you will find enclosed a Tidal Hydrologic Flushing Model for our proposed marina prepared by the Land Management Group. The parameters were based on comments by EPA and DEM utilizing the worst case scenario during a hot predawn July morning. The model was also designed for the marina, 100' access channel and 200' long jetties extending below MHW, and secondly, the marina, 100' access channel and 400' long jetties below MHW as per our proposed plan. We had set it up this way to address the comment pertaining to reduced jetty length expressed by the National Marine Fisheries. The Land Management Group has concluded the latest marina design and location is well suited to maintain acceptable dissolved oxygen concentrations in this lower section of the Cape Fear River. In addition, I would like to emphasize that based upon the results from the model, there is negligible difference in dissolved oxygen between the 200' jetty and the 400' jetty. Based upon our past experience at our current marina, our proposed jetty length of 400' meets the water quality standards, will provide less maintenance in the long run and provide a safe and efficient access channel into the barge landing and marina. Please note, that the access channel has been relocated to minimize the amount of disturbance across the 404 wetlands at its narrowest point. With the above mentioned information and technical data, we have addressed all of the comments stated in your letter dated February 7, 1996 from your review process which should hopefully expedite the application. Should you have any questions and/or comments, please contact me at 910-457, 7339. Sincerely, Daniel H. Weeks, ASLA Director of Planning Enclosure RECEIVEO MAR 29 9661 COASTAL MANAGEMENT cc: Ed Brooks, Jeff Richter, John R. Donley, Ken Stewart, Ken Kirkman, David Edwards PO Box 3069, Bald Head Island, North Carolina 28461 • (910) 457-5000 • FAX (910) 457-9232 BALD HEAD ISLAND LAND BASE TIDAL HYDROLOGIC FLUSHING STUDY PFIZER TRACT MARINA SOUTHPORT, NORTH CAROLINA FOR DAN WEEKS BHI PLANNING DEPARTMFNT P.O. BOY 3069 BALD HEAD ISLAND, NORTH CAROLINA 23461 R cc�ivE�� MARo 9ra 661 mW EMEW IED LAND MANAGEMENT GROUP, INC. MARCH 18, 1996 JOB 996-111 March 18, 1996 Dan Weeks BHI Planning Department P.O. Box 3069 Bald Head Island, North Carolina 28461 Re: Pfizer Tract Marina - Tidal Hydrologic Flushing Study Dear Dan: Based on the various review agency concems about water quality in the created high ground basin design, we assessed future dissolved oxygen rates (DO) utilizing the accepted DEM computer model (Report No. 90-01). The ambient water quality parameters were obtained from ADM at their "Pfizer Station" approximately 1,600 feet to the northeast of the project. As was requested by EPA and DEM comments, the model was run utilizing the worst case scenario during a hot predawn July morning when water has it historically lowest DO readings. In this case, the ambient DO used in the model was 5.7 mg/l at 290C with a saturation DO of 7.9 mg/1. The average channel depth was 10 feet (mlw) at 100 foot width as worst case at the narrowest point at barge landing.. The marina basin was figured at an average depth of 8 feet (mlw) for 5.5 acres of surface area. We used a 4.5 feet average tidal amplitude and a worst case for boat activity at 0 boat hours/day. In addition the more conservative reareation constant was used at 03/day which is the preferred DEM constant. Based on various studies when tidal amplitudes are greater than 2 feet, the return flow factor is negligible and 0 was used in this model. Several conclusions were obtained from review of the DEM marina studies. The most important was that sediment oxygen demand (SOD) has much greater influence on ambient DO concentrations than biological oxygen demand (BOD) caused from boat discharges or direct runoff. It appears that chemical reduction and bacterial respiration of organic matter in future marina sediments create a strong demand for oxygen in the water column. This SOD rate varies with temperature, siltation rates and resuspension/dredging of muds and silts. Luckily this site has a relatively hard pack sandy bottom from deposition of fast moving currents which results in little deposition of finer materials. In any case, the average SOD rate of 1.5 (grams 02/m2 per day) was used and the accepted SOD worst case of 3 (grams 02/m2) was used. March 18, 1996 The two segment marina -tidal amplitude model was chosen in all worst case scenarios/parameters described above. Attached are the results of the computer calculations for 24 hours during this hot July day. They are outlined as follows: Test Run A Marina with 350' x 100' Channel and 200' Jettv Below MHW SOD - 1.5 (Avg) Worst Case DO Result = 5.70 mg/1 Test Run B Marina with 350' x 100' Channel and 200' Jettv Below MHW SOD - 3.0 (Worst Case) Worst Case DO Result = 5.13 mg/l Test Run C Marina with 550' x 100' Channel and 400' Jettv Below MHW SOD - 1.5 (Avg) Worst Case DO Result = 5.71 mg/l Test Run D Marina with 550' x 100' Channel and 400' Jettv Below MHW SOD - 3.0 (Worst Case) Worst Case DO Result = 5.07 mg/l I would have to conclude that even using the worst case conditions from the model's parameters during the hottest month of July there should be no contravention of the ambient water DO standards for the 400' jetty below MHW. This positive condition is most likely due to the project's high tidal amplitude and large surface area to volume ratios. Since the project borders an extremely deep shipping channel at depths to 36 feet to 40 feet (miw) it is doubtful a worst case SOD condition could be achieved due to accumulation of fine organic laden silts. The hourly barge and ferry traffic in and out of the marina basin would also help re -aerate the waters and help to avoid stagnate conditions and low DO conditions. During the ebb tidal cycle, it appears the marina basin should have a strong current gradient towards the shipping channel; and, during the flood tide with predominant southwest winds, there should be a free exchange of high salinity waters. It appears, therefore, that the latest marina redesign is well suited to maintain acceptable dissolved oxygen concentrations in this lower stretch of the Cape Fear River. There is negligible difference in DO between a 200' jetty below IvIHW or a 400' jetty below MHW. For purposes of the model we used the solid concrete jetty design with rock riprap at its toe. Bald Head Island Land Base 2 Pfizer Tract March 18, 1996 If you need clarification or have any questions, please feel free fa contact me at your convenience. Enclosures; 4 Runs of Model ADM Salinity/DO Samples Revised Marina Plan 3/15196 Sincerely, Rob Moul, MEM Environmental Consultant o`.. .. , y�% ..` rL�•' ROSERT L.'•'O' .•..713 ac_ Bald Head Island Land Base 3 Pfizer Traci MARINA WITH 350'XI00'CHANNEL & 200' JETTY AT WATERWARD END BELOW MHW TEST RUN "A" TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 35000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5 RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= 1.5 AMBIENT DO (MG/L)= 5.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= 0 MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.70404 5.695035 217 5.706 5.697042 218 5.709427 5.701858 219 5.714753 5.70792 220 5.724077 5.714065 221 5.729482 5.719526 222 5.730678 5.723058 223 5.729891 5.723384 224 5.727539 5.719512 225 5.723956 5.711629 226 5.723438 5.70207 227 5.710468 5.696488 DOCAVG (MG/L)= 5.719481 DOMAVG (MG/L)= 5.709304 228 5.70404 5.695031 229 5.706 5.697038 230 5.709427 5.701855 231 5.714752 5.707918 232 5.724077 5.714062 233 5.729481 5.719523 234 5.730675 5.723055 235 5.729887 5.723381 236 5.727535 5.719508 237 5.723952 5.711624 238 5.723433 5.702066 239 5.710466 5.696485 DOCAVG (MG/L)= 5.719479 DOMAVG (MG/L)= 5.709299 MARINA 6VITH 350'X 100'CHANNEL & 200' JETTY AT WATERWARD END BELOW MHW TEST RUN 1111 TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 35000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5 RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= 3 AMBIENT DO (MG/L)= S.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= 0 MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.656882 5.064885 217 5.682508 S.134983 218 5.684695 5.184558 219 5.682729 5.205625 220 5.675631 5.198041 221 5.506615 S.189338 222 5.299201 5.177023 223 5.190911 5.158539 224 5.1S1837 5.131896 225 5.124016 S.097469 226 5.104732 S.059924 227 5.429291 5.030767 DOCAVG (MG/L)= 5.432426 DOMAVG (MG/L)= 5.1361 228 5.656884 S.064876 229 5.682508 5.134976 230 5.684695 5.184551 231 5.682728 5.205618 232 5.675625 5.198034 233 5.506604 5.189331 234 5.29919 5.177016 235 5.190903 5.158531 236 5.15183 5..131888 237 5.124007 5.097461 238 5.104731 5.059915 239 5.429301 5.030759 DOCAVG (MG/L)= 5.432421 DOMAVG (MG/L)= 5.136087 MARINA WITH 550'X 100'CHANNEL & 400' JETTY AT WATERW,4 R D END .BELOW NIH W TEST RUN "C" TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA/JETTY AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 55000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5. RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= AMBIENT DO (MG/L)= 5.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.710492 5.700623 217 5.709485 5.702687 218 5.712526 5.707191 219 5.718151 3.713054 220 5.727433 5.719135 221 5.734395 5.724532 222 5.73784 5.728002 223 5.73806 5.728266 224 5.735822 5.724332 225 5.732493 5.716388 226 5.73187 5.70677 227 5.719759 5.701494 DOCAVG (MG/L)= 5.725701 DOMAVG (MG/L)= 5.714388 228 5.71049 5.70061 229 5.709484 5.702676 230 5.712526 5.707181 231 5.718151 5.713045 232 5.727433 5.719126 233 5.734392 5.724523 234 .5.737836 5.727992 235 5.738052 5.728256 236 5.735813 5.724323 237 5.732484 5.716379 238 5.73186 5.706761 239 5.719752 5.701485 ndCAVG (MG/L)= 5.725693 DOMAVG (MG/L)= 5.714371 1.5 501 MARINA WITH 550'X 100'dIANNEL & 400' JETTY AT WATERWARD END BELOW MH W TEST RUN "D" TWO SEGMENT MARINA -TIDAL AMPLITUDE METHOD NAME OF MARINA=PFIZER TRACT MARINA/JETTY AVG CHANNEL DEPTH(FT)= 10 AVG MARINA DEPTH(FT)= 8 CHANNEL SURFACE AREA (FT**2)= 55000 MARINA SURFACE AREA (FT**2)= 239580 TIDAL AMPLITUDE(FT)= 4.5 RETURN FLOW FACTOR (DIM)= 0 SEDIMENT OXYGEN DEMAND (GM/M**2-DAY)= AMBIENT DO (MG/L)= 5.7 SATURATION DO (MG/L)= 7.8 DECAY COEFFICIENT (1/DAY)= 1 REAERATION COEFFICIENT (1/DAY)= .3 CHANNEL BOAT ACTIVITY (BOAT-HRS/DAY)= MARINA BOAT ACTIVITY (BOAT-HRS/DAY)= 0 T (HRS) DOC (MG/L) DOM (MG/L) 216 5.534407 4.999212 217 5.626197 5.061766 218 5.652749 5.114146 219 5.657736 5.13837 220 5.650975 5.131626 221 5.53193 5.123755 222 5.360321 5.112259 223 5.222492 5.094584 224 5.144449 5.068741 225 5.102585 5.035103 226 5.083514 4.998339 227 5.308207 4.973883 DOCAVG (MG/L)= 5.406316 DOMAVG (MG/L)= 5.071023 228 5.534404 4.999176 229 5.626196 5.061735 230 5.652749 5.114118 231 5.657735 5.138342 232 5.650972 5.1316 233 5.531918 5.123727 234 5.3603 5.112232 235 5.222469 5.094557 236 5.144425 5.068714 237 5.102561 5.035076 238 5.083495 4.998313 239 5.308202 4.973858 DOCAVG (MG/L)= 5.406297 DOMAVG (MG/L)= 5.070979 F7 U AMBIENT SALINITY/DO IN RIVER A13 M ARCHER DANIELS 'MI7LAN.'SCOMPANY P.O. 80X 1CS40 EAST MOOSE ST. EXTENSION FOOD A03ITIVES O1VISiON EI,. 910140-5011 ARCHER DANIELS MIDLAND COMPANY P. 0. BOX 10640 SOUTHPORT, N.C. 28461 FACSIMILE COVER SHEET TO: O� MGUL. CUSTOMER FAX NUMBER: SOIJTHPORT. NC 28461 WE RE SENDING YOl7 T:__S _AGE AAND THE = OLi:OWING t�\j �I 0.= PA E _ :ERE ARE P_i'= PrO'cT ci`S, PLEASECONTACT �AN✓ � Vy� � l�sl�.�7 7aa AT SCUTFPORT, N.C. (9101 457Z- EXT. OUR FAX NL74BER TS. 910-457-03c9 - s�Li�riiY(P�M�- COMMENTS: (A J (� �ULY 20, I 5:% AUK S14 59 4�i: R-r 24-a 1; (.�: 3 F° LJ Table 2-5. Saturation Values of Dissolved Oxygen in Water Exposed to Water -Saturated Air Containing 10.90 Percent Oxygen Under a Pressure of 760 min of Mercury' Temperature in" C 0 1 3 S 6 7 8 9 10 12 13 14 15 6 i7 !3 !9 20 2! 23 24 25 26 27 2a Chloride Coneentratloo In Water mW1 Differeact per 100 on 0 6000 I 10,000 Chloride 4.6 Iq2 i3.3- I3.5 13.1 12.3 12.5 11.9 11.6 11.3 11.1 10.8 10.6 00.4 !0.2 !0.0 9.7 9.5 9.4 9.2 9.0 3.8 8.7 s.5 s.4 3.2 8.1 7.9 D(solved Oxygen mVI 13.8 13.0 13.4 12.6 13.1 12.3 12.7 17.0 12.4 11.7 12.1 11.4 11.8 11.1 I L5 t0.9 10.6 11.0 10.4 10.7 10.1 1os i ; 9.9 10.3 9.7 10.! I 9.5 9.9 9.3 9.7 9.1 9.3 9.0 9.3 3.8 9.1 8.6 8.9 I 8.5 8.7 3.3 8.6 I 8.1 8.4 8.0 8.3 7.9 8.1 7.7 8.0 1.6 7.8 7.4 7.7 7.3 7.5 7.1 0.017 0.0(6 0.015 0.015 0.014 0.01s 0.0 14 0.013 0.013 0.012 0.012 0.011 oil 1 0.01 I 0.010 0.010 0.010 0.010 0.009 OX09 0.009 0.009 0.008 0.008 0.008 0.008 0.008 0A)8 0.008 Vapor Tempenmre I Fre n in'c I am , 0 5 1 2 I , ! j 5 S 6 I - 7 3 a ` 8 I 9 � 9 10 j 9 11 12 ! 10 13 i 11 !1 i4 ! - i5 ! I 13 !6 i7 I 15 1s ;5 !9 17 20 18 21 19 22 i0 23 '_1 2a ., 25 24 26 25 27 Z7 28 28 30 1 7.6 I 7.3 f 6.9 I 0.008 j 30 I 32 ' Saturation at barometric pressures otha than 760 mm (29.92 in.), C: is related to thecorreseond. ing tabulated values, C„ by the equation: C:=C•7660_p whore C:=solubility at barometric pressure P and given temperature, milligrams per liter C. =saturation at given temperature from table,. milligrams per liter P=barometric pressure, millimeters p = pressure of 5atu7eted water vapor at temperature of the water selected from table, millimeters Structure 2 — u.wn. aesd. Service Entry and Exit — Entployee and Contnusur� hrldng Exit only an for :nt N.C. STATE HIGHWAY COMMISSICN FERRY SUP 11.5 act" � � •Ky Ell 75' AEC rAdministrative Mean High Water surveyed by Srunawicr offices, Warehouse and Recemng Existing Spoil Basin Ars Structure 3 Marine Maintenance I see Qntradwr -waiting and loading Structure 4 [maq.e.N Gmrtev ke.r .ua�y e+aa.i 3arge Landing and Staging area Bare Landing .Cone-:e bulkhead T' Y Aeecaa Cannel to Marina [SJ' wide aCows for both passenger ferry boats and'oarga Structure 6 m.�m..p em�ma to enm..2t x..ema rasa U H �J� 'C; r , Co I 1 N H1 i Co M i I I PLANNING DEPARTMENT BHI PLANNING DEFT.; P. 0. BOX 3069 BALD READ MA40. NC ?9461 (9L9) 457-5000 7escrmtion PSW I \� c� SITE PLAN Scale: l" a 200' Revised February 15, 1996 ey n Dat l7 OCT 95 October 16, 1995- LAND USE PLAN P F I Z E R T R A C T SOUT7fFORT, NOR77Y G190LINA Prevared bv: Bald Head [gland FlanniM Department u_..� RaScR. and RSSIVB--S . r ¢Rr LANCING F.XED CCGX % CCV PILINGS I =-' [A. INCCC P;L:NGS 1 C CIA. CGL HINS SECTION A -A Mr',rZINA SASIN SCALE:IINCT TC =GAL_ TOP OF FULKFF=AD / v!nrL :=A YIALL 4ANTA RAr hNGnGRING BAGKF!- AG.. -SS CHAna- 00 MARINA GCNGRS _ SIIL!C EAJV BAR7G-c LANCING 3/9" 5TE=L CABLE NMN -L.p T3'TIC�Y %GL?Y.IN9 GCMG. AHCHCR PILE ' BASIN ==_=VATICN a ACCESS GYANSL -I C.0 SECTION ION c-o _ AGGcS.. GiiANE_ TO MARINA .. .�CALE: HOT TG SCALE 2 0 U F i P¢CP052D MhtZINA NGv-99 L 1 f � V J� ✓r�i - Percent of Total Impervious Impervious Parcel Land Use Acres Units-Govera9e Ooyeraae (Acres) Non -Residential X Resort 4 Resident Parking 22.0 Ae 100% 22.0 AO B Future Development 56.5 AG BO% 16.9 Ae G Employee 4 Contractor Parking 4.1 AO 100% 4.1 Ae D Adm./ Offices/Whse. 4 Racelving 5.0 AO 60% 1.5 AG E Future Development 1 1.9 AC, BR% 4.2 Ae F Marine Maintenance 1.0 AC, 1000/0 1.0 AC, Btruaturas 1 Information center 0.1 4 AG (6.400) SP 100% 0.14 Ae 2 eatehouse 0.01 AC, (BOO) SP 100% 0.01 AC, B Marine Maintenance 0.1 8 Ae (8.000) SP 100% 0.16 AC, 4 Employee 4 Contractor Perry Landing 0.1 4 AC, (6.400) SP 100010 0.14 AG B Resort 4 Resident Perry Landing 0.22 AG (10.000) SP 100% 0.22 AC, 6 Resort 4 Resident Walting Area 0.22 AG (10.000) SP 100% 0.22 Ae Infrastructure Roadway 1 1.0 AC, 10090 1 1.0 Ac Pavement 2.0 AG 1000/0 2.0 Ae Miscellaneous Wetlands 29.9 AG Open Space 26.4 AG Marina 5.5 AG Total 1'11.5 AG BR.B% 64.3 AG ARCHAEOLOGICAL VESEARCH CONSULTANTS, INC. November 13, 1995 Daniel H. Weeks Director of Planning P.O. Box 3069 Bald Head Island. NC 28461 RE: Archaeological Test Excavations at 31 B W564, Pfizer Tract, Southport, North Carolina_ Dear Mr. Weeks: We have finished the fieldwork involved in the test excavations at 31 B W564; the historic - period site on the Cape Fear River shoreline of the Pfizer tract. Artifacts found under the earthwork put its construction after 1812 and probably after 1864, so it is certainly not a product of the War of 1812 and probably not a Civil War earthwork. Evidence from the tests suggests that a structure, probably a house, stood near the earthwork in the last half of the nineteenth century and the first half of the twentieth centuurryy It does not appear that the site is eligible for nomination to the National Register of Historic Pfaces. Our report of the tests on this site will not recommend preservation or data recovery on this site. I will keep you posted an the progress of the test excavations on the small prehisto'H c site at 31 B W571. If you have any questions, please do not hesitate to let me know. Thank you. Yours, Thomas Hargrove P.O. BOX 25426 919 a32-0429 Raleigh, North Carolina 27611 May 16, 1996 Mr. John Dorney Environmental Management Water Quality Lab. 4401 Reedy Creek Road Raleigh, NC 27607 Dear Mr. Dorney: This letter is in reference to a telephone conversation I had with Greg Price of your staff regarding the width of the access channel into our proposed marina at the Pfizer Tract. Mr. Price stated that the width of 150' at the access channel should be maintained throughout the entire 400' length, thus eliminating the 50' bump out for our barge landing. First and foremost, I would like to emphasize that this barge landing is by far the most critical aspect of our present and future development at Bald Head Island. As you are aware the only means of transporting material to and from the Island is by the barge. During the initial land use planning for this project we had to design an efficient means of getting the barge in and out of our marina, in as straight of a line as possible and not restrict the passenger boat from accessing the marina. This design allows that to occur with 100' allocated for the passenger boats and 50' allocated for the barge. I would like to point out that our barge is a total length of 130' which equates to 50' for the barge and 80' long for the push boat with a width of 321. The push boat is attached to the barge by steel cables and is difficult to navigate. Straight lines and large turns are the best means of navigation from the standpoint of safety and human life. As currently proposed, access to the barge landing is in a straight line, which in our estimation is the safest and best means of accessing the barge landing. With regard to water quality, we had models done with various scenarios as per comments back from your department. In all cases we have met the minimum criteria established.. Furthermore, the width at that constricting point was 751. Since that time we had revised that width to 100' and also incorporated four weirs to improve the flushing in. the access. channel. If there is, a regulation or technical requirement that we have-not met, please forward that information to me. PO Box 3069, Bald Head Island, North Carolina 28461 . (910) 457-5000 • FAX (910) 457-9232 Mr. John Dorney May 16, 1996 Page Two In summary, I hope I have addressed some of the design considerations which we had to address in arriving at our Final Land Use Plan. In our estimation we have met the technical requirements for water quality. We have added weirs into our design which will imp"rove flushing into the access channel. This has been a long and involved process and for the most part we have incorporated the comments back from the various agencies which has improved our plan but the redesign of the barge landing would cause numerous access problems and safety issues and potentially endanger human lives. Please contact me at 910-457-7339 with any questions and/or comments. Sincerely, Dan Weeks, ASLA Director of Planning cc: John Parker Jim Gregson Ken Stewart Ken Kirkman Rob Moul i Al ( 0� -'&x 2,522 Wdminy&n, ✓YostA &w&w 28402 gel. 99a-452-0009 9wed -T. �lfo�t 9=tde�. April 8, 1996 Mr. Cliff Wriefordner U.S. Army Corps of Engineers P.O. Box 1890 Wilmington NC, 28402-1890 RE: Said Head Barge Landing Property Southport Brunswick County, NC Dear Mr. Winefordner: 94i& >4 .7805 W"YAJa.KI/e .,dwnue W46M,Vebn ✓1V ea403 Per your request to Mr. Rob Moul, I examined the above listed property on April 5, 1996 for the presence of red -cockaded woodpeckers (Picoides borealis). I examined the area east of the barge landing road along vegetation transects at approximately 200 foot intervals. I did find some older trees (estimated over 35 years old) of both Loblolly (Pinus taeda) and Long leaf (Pious palustris) pine in the tract. However, I observed no sign of either red -cockaded woodpeckers or their nests. There was a fairly dense shrub layer in the stand, not the open savannah commonly associated with the red cockaded woodpecker. I have enclosed a site map as well as photos illustrating the area. Thank you for your assistance in this matter. Please feel free to contact me if you have further questions. Sincerely, Paul M. Farley Wetland Scientist cc: Dan Weeks Bald Head Planning yA, `< ftEcl,� Ed s APR�O��a� MpNpGEMENT APRIL 8, 1996 BALD HEAD BARGE LANDING LAND MANAGEMENT GROUP, INC. InY. az It ..: - . -r. ---� - -- _ - . --:. - _.�._—_sue _� ;- 3 .�- .�. .'�--. .. rv� .. ": Tom.. ... 1 fA��ti _f_ ��� v �_ f awim I� I - .. .- _Gy..�..�Ti?+r i:n� -�Y.. d. 2y.: n+ vim._. .lf-;�. '.1.�_'Y,,. r.p maw. .. `i� �. � ,, ,:� 9�'],t � �/ � `� 1 iI Y 1 ` ' ,� ` � � � .� > �. y T.� w t �� -n n. ti,�...: LTia N �� � � . , �. 3 � � 'S '%7�GY w � 6'k 02' 01' 78' 59, 5e 57' 56' 01' 34'February 20, 1996 BALD HEAD ISLAND Mr. John R. Parker, Jr. DEHNR Division of Coastal Management P. O. Box 27687 59' Raleigh, NC 27611-7687 Dear Mr. Parker: RECAVED FEB 261996 C'JASTAi. MAMA(UcF.-E f7 Please find enclosed a revised site plan dated February 15, 1996, and subsequent information pertaining SB to the Pfizer Tract. of 34' 59' i8 As per your letter dated February 7, 1996 and comments from the State and Federal review group, Bald Head Island Limited has revised the plan (see attachment) primarily in the relocation of the access channel and marina. 7 1 would like to point out at this time that we are currently in the process of obtaining a hydrological model indicating flushing rates and dissolved oxygen levels for the proposed marina. We hope to have this information for your review within three weeks. In addition, we are waiting to receive the technical information back from the model for a final determination of the proposed length of the jetties. 56' Furthermore, you will find attached a letter from Thomas Hargrove of Archaeological Research 56' Consultants, Inc. referring to the test excavation pertaining to site 31 BW564. Mr. Hargrove's letter states that this site will not recommend preservation or data recovery. Lastly, I would like to emphasize that in comparing the previous submittal and our new plan, the obvious changes are contained within the marina and access channel. Our land use tabulations have not changed with regard to the percent of impervious coverage (37.5%) and overall acreage of impervious area (64.5 AC). Should you have any questions or comments please contact me at910-457-7339. 54' 54' Since _ �-- Daniel H. Weeks, ASLA 53 Director of Planning 1 53 Enclosures cc: John Domey i2. Ed Brooks 52' Ken Stewart Ken Kirkman POST OFFICE BOX 3069, BALD HEAD ISLAND, NORTH CAROLINA 28461 910-457-5000 02' of, 780 59' 58' 57' 56' 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 7, 1996 Bald Head Island, Limited c/o Dan Weeks ID FEE F1 P.O. Box 3069 Bald`Head°"au- -=2$ - -----------_....----------------------- - --- ---- Dear Mr. Weeks: This letter is with reference to your application for permits under the Coastal Area Management Act and the State Dredge and Fill law to develop a marina and operations complex on the Cape Fear River, adjacent Price's Creek in Brunswick County. A joint state/federal review has moved into an extended review period, as of January 29, and this letter will formally notify you of that extension. More importantly, it is necessary that the project review be placed in abeyance as of the date on this letter due to information requested by the Division of Environmental Management (DEW in its letter of January 31. This action is taken pursuant to 7J.0204 (d) of the Rules of Coastal Resources Commission. In addition to the request of the DEM, I want to take this opportunity to relate to you other comments submitted to date from the state and federal review group. First, our file contains a comment from the National Marine Fisheries Service in which that agency recommends relocating the basin entrance approximately 150 feet to the northeast and reducing the length of the proposed jetties to approximately 200 feet. Staff of this Division, likewise, have similar recommendations. The Wildlife Resources Commission has submitted several management type recommendations, all or a part of which would be considered as permit conditions (see attached). In addition to the various environmental concerns, it is recommended that you continue to cooperate with the Division of Archives and History concerning the archaeological survey and any work remaining to be done. It would be beneficial to reach a resolution of that issue prior to the action date for your CAMA application. Should you have any questions on this matter, do not hesitate to contact me. Very sincerely, 70Parker, Jr. Major Permits Processing Coordinator cc: Ed Brooks DCM-Wilmington Ken Stewart Bald Head Island Enclosure 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,consumerpaper NCWRC,HCP,FRLLS LRKE 00 No.001 P.02 LP North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 276044188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr. Major Permits Processing FROM: Bennett Wynne Habitat Conservation Program DATE: January 15, 1996 SUBJECT: LAMA/Dredge and Fill Permit Application for Bald Head island, Ltd./Pfizer Tract, south side of Hwy 211 adjacent to the Ft. Fisher Ferry Terminal, near Southport, Brunswick County, North Carolina. The wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on January 5, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A=128). The applicant proposes to develop a marina, ferry landing and operations complex on a tract of approximately 100 acres adjacent to the Cape Fear River near Southport. The complex is to replace Bald Head Island`s existing facility at 'Indigo Plantation in Southport. A 4.5 acre marina is to be excavated from highground and connected to the river by a 150 ft. wide by 750 ft. long access channel. Access channel bulkheads are to have low profiles allowing overflow of water where the channel cuts through wetlands. Jetties would extend about 420 ft. from the mouth of the access channel into the open water of the river. A pedestrian bridge is planned to cross wetlands and connect the marina to residential areas, in addition to various buildings, a 22 acre general parking lot, 4.7 acre service NCWRC.HCP.FRLLS LRKE TEL:919-528-9839 Feb 07'96 9:00 No.001 P.03 parking lot, 3 acre administrative/warehouse site, and 1 acre marine maintenance site would be constructed. The remaining acreage is to be developed at a later date. The property is mostly wooded with a mixture of hardwoods and pine. Coastal wetlands form a border along the river 200 £t. to 400 ft. in width. Based on project workplats, coastal wetlands transition to 404 wetlands landward of the river. isolated pockets of 404 wetlands also occur on the site. Area waters are classified SC, SC Sw, and are closed to shellfishing. designing the project, and has avoided a number of potential adverse impacts. Still, approximately 1.0 acre of wetlands would be excavated for the access channel. The channel would also impact 1.8 acres of shallow water habitat. Erosion during construction and stormwater runoff from impervious surfaces may degrade area water quality. Extensive use of septic tanks and fuel or waste spillage at the marine maintenance site could also contribute to water quality decline. Dredging the earthen plug separating the marina basin from the river would elevate turbidity and could induce mortality of estuarine organisms if done during a period of peak biological activity. The pedestrian bridge would shade an unspecified quantity of wetlands. Jetties associated with the access channel may be a hazard to night navigation. Finally, future development stimulated by the project would be expected to produce cumulative impacts to wetlands and water quality. Based on these concerns, we make the following recommendations: 1. Implement approved erosion control and stormwater management plans. This should include maintenance of a 50 ft. wide natural vegetation buffer between development and wetlands. 2. Provide fuel and waste spillage protection around the 1 acre marine maintenance site to protect surface waters in the event of a spill. 3. Avoid excavating the earthen plug between the marina basin and river from April 1 to September 30, a period of peak biological activity. 4. Limit the pedestrian bridge to a width of 6 ft. and elevate decking a minimum of 4 ft. off the marsh floor to minimize effects of shading. 5. Place lights at the ends of the jetties to enhance night visibility. Thank you for the opportunity to comment on this project. If you need to discuss these comments or need additional assistance, please call me at (919) 522-9736. art ors ' r � OAT 4�9 UNITED STATES DEPARTMENT OF COMMERCE }�I °y National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE 01 Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, Florida 33702 January 12, 1996 Colonel Robert J. Sperberg District Engineer, Wilmington District Department of the Army, Corps of Engineers ----- --P _O-.--_Box-189n- -.--------- - 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 199602657(GP) dated December 19, 1995. The applicant, Bald Head Island, Ltd., proposes to construct a marina and operations complex to service Baldhead Island near Southport, Brunswick County, North Carolina. The purpose of the work is to provide adequate passenger ferry service, operational support facilities, and barge landing access to meet the needs of the Baldhead Island community. The proposed project consists of the construction of a 4.5 acre marina in uplands located adjacent to the Cape Fear River. The 700-foot-long by 300-foot-wide by 8-foot-deep basin would be connected to the river by a 750-foot-long by 150-foot-wide by 10- foot-deep access channel. The width of the access channel would be reduced to 75 feet where it crosses a 150-foot-wide wetlands fringe along the shoreline. A hydraulic pipeline dredge would be used to excavate the access channel with dredged material disposal in a diked upland disposal site. Also proposed are two 420-foot-long jetties located on either side of the access channel. Limestone riprap would be placed on both sides of each jetty resulting in a 30-foot-wide foot print. The boat basin would include three fixed docks (a 110-foot-long by 28-foot-wide main passenger dock, an 80- foot-long by 20-foot-wide employee/contractor ferry dock, and a 210-foot-long by 10-foot-wide fuel dock). The sides of the basin would be stabilized with a vinyl bulkhead. The upland portion of the 172 acre site would be developed as parking area, barge landing, a marine maintenance building, offices and storage buildings with 70 acres remaining undeveloped. This project is located adjacent to the Cape Fear River with a marsh border along the shoreline varying in width form 150 to 400 feet. Brackish and saltwater plant species including, giant cordgrass (Spartina cvnosurides), saltmeadow cordgrass (Spartina patens), sawgrass (Cladium j-amaicense) spike -grass (Distich s,, d € F © Printed nn Ncc}•clod P:gtrt soicata), and saltmarsh cordgrass (Spartina alterniflora) vegetate this area and extend into the interior of the property along its southern border. These tidal wetlands provide nutrients, in the form of detritus, that is an important component of the aquatic food chain. They also remove pollutant from upland run-off and adjacent waters and, thereby, function to maintain good water quality in the Cape Fear River system. The regularly flooded portion of these wetlands also provides a refuge from predators for the juveniles of estuarine dependent fishes and function as nursery areas.1,2 Commercially and recreationally important fishes found in the project area include Atlantic croaker (Micropogonias --------undu-latus+-- -spot (Le ostomus-=-xanthur-us)_,_ - - spotted—seatrout (ynoscion nebulosus), bluefish (Pomatomus saltatrix), flounders (Paralichthvs spp.), red drum (Sciaenops ocellatus), Atlantic menhaden (Brevoortia tyrannus), striped mullet (Mugil cephalus), and weakfish (Cynoscion regalis). Based on coordination with the North Carolina Division of Marine Fisheries and the North Carolina Division of Coastal Management, we are concerned that several aspects of this project would be detrimental to wetlands and fishery resources found in the project area. The proposed access channel alignment does not minimize wetland losses. Realigning the channel approximately 150 feet to the northeast would reduce the wetland losses by 50 percent. Also, we question the need for jetties of the length proposed. Construction of these structures will alter 0.5 acre of river bottom that supports fisheries. We believe that limiting the length of these jetties to 200 feet would meet the needs of the applicant and reduce impacts to benthic habitat. In addition, the public notice provides no information regarding the impacts of the project on water quality. We understand that an assessment of project impacts on water quality, including a stormwater run-off management plan, is being reviewed by the North Carolina Division of Environmental Management (NCDEM). We believe that the results of this assessment should be reviewed prior to a decision regarding federal authorization of this work. Upon completion of this assessment, we will support the recommendations of the NCDEM on the water quality issues involved with this work. In view of the above, we recommend that federal authorization of this project not be granted unless the following conditions and modifications are incorporated: iWiegert, R.G. and B.J. Freeman. 1990. Tidal salt marshes of the southeast Atlantic coast: a community profile. U.S. Fish and Wildl. Serv. Biol. Rep. 85(7.29). 70 pp. 2Odum, W.E., T.J. Smith III, J.K. Hoover, and C.C. McIvor. 1984. The ecology of tidal freshwater marshes of the United Sates east coast: a community profile. U.S. Fish & Wildl. Ser. FWS/OBS- 83-17. 177pp. I - a - 1. The proposed access channel should be realigned approximately 150 feet to the northeast to minimize wetland losses. 2. The length of the proposed jetties should be reduced to approximately 200 feet. 3. The recommendations of the NCDEM, resulting from the water quality assessment to be conducted, be accepted and incorporated into any issued permit. Thank you for the opportunity to provide these comments. If we can _ - --beef= further-- assistance ,-.-please-advise.---.-- _------. — -----— S ince:pegy , Andfeas Mager, Jr. Assistant Recrional 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/SEO2 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt,.Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Bald Head Island, Ltd. c/o Dan Weeks P.O. Box 3069 Bald Head Island, NC 28461 Dear Mr. Weeks: 1\ .9 • ®fir arms E3EHPsi F1 March 15, 1996 DEM Project #951268, COE Project #199602657 Brunswick County On 16 January 1996, you requested a 401 Water.Quality Certification from the Division of Environmental Management for your project (construction of ferry landing and associated facilities) located near Pfizer in Brunswick County. We wrote to you on 31 January 1996 discussing concerns that we have regarding the design of the project and placing it on hold until those concerns are addressed. As of today, we have not received a response to our earlier letter. Unless we receive a response from you by 1 April 1996, we will consider that you have withdrawn this application and are not interested in pursuing the project at this time. Please call me at 919-733-1786 if you have any questions or would like to discuss this matter. cc: Wilmington DEM Regional Office Wilmington District Corps of Engineers Central Files ,4ohn Parker; DCM Sincerely, ZWame R. DoIty er Quality of anon Program 951268.clr Division of Environmental Management • Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1766 • FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Department of Environment, Health and Natural Resources 4• • Wilmington Regional Office Division of Coastal Management v -- E H N F1 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 8, 1995 Bald Head Island, Limited c/o Dan Weeks P. O. Box 3069 Bald Head Island, NC 28461 Dear Mr. Weeks: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the "Pfizer Tract' property located off NC Hwy 211, near Southport, adjacent to the Cape Fear River, in Brunswick County. It was received on November 15, 1995 , and appears to be adequate for processing at this time. The projected deadline for making a decision is January 29, 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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. E. F. B104 Field Representative III Enclosure cc: John Parker Bob Stroud Wayne Strickland, Southport LPO Becky King, Brunswick Co. LPO Michael Hosey, COE 204 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer CONSENT TO ENTRY The undersigned, being a duly authorized agent of Pfizer, Inc., hereby acknowledges the following: G a N'M/9 CT 1. Pfizer, Inc. has entered into als-ept4en to sell that real property generally consisting of approximately one hundred seventy (170) acres located acent to the State Port facility, in and near Sou d4 Qorth Carolina, to Bald Head Island Limited. The Qoptlan is in full force and effect as of the date of this letter. 2. Pfizer, Inc. hereby consents to the entry upon such property by representatives of the State of North Carolina, including representatives of the Division of Coastal Management (CAMA), for purposes for performing routine inspections and site visitations relating to the processing and consideration of an application for a major development permit for utilization of such property, as sought by Bald Head Island Limited. Prior to any intrusive procedures, such as drilling, prior notification is requested, and prior permission will be required, it not being the intent of this consent to allow other than access and visual inspection. This 31 day of October, 1995. PFIZER, INC. Richard D. Benson Authorized Agent £:\office\kink\consent NOV 15 1995 DIVISION yr COASTAL MANAGEMENT L State of North Carolina Department of Environment, FWAA Health and Natural Resources " . a Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor p E H N F1 Jonathan B. Howes, Secretary Roger N. Schecter, Director October 30, 1995 Bald Head Island, Ltd. c/o Mr. Dan Weeks P. O. Box 3069 Bald Head Island, NC 28416 Dear Mr. Weeks: The Division of Coastal Management hereby acknowledges receipt of your application for State permits to develop your property off S.R. 1540, near Southport, in Brunswick County. We have been coordinating our initial permit review with the Army Corps of Engineers and have found that your application lacks information necessary to consider it complete under Coastal Management regulations. In order to have a complete application necessary for us to begin processing, you should submit the following items: (1) A copy of the deed for the property and a letter of permission from the property owners to apply for the permits for the proposed development. (2) All items discussed at our 10/26/95 meeting, with respect to project drawings, cross - sectional drawings, and revised application. (3) Copies of the.executed certified mail return receipt cards, from your riparian property owner notification. Once we have received this additional information, you will be notified of acceptance of your application as complete or if further clarification of your request is required. S ' E.F. Brooks Coastal Field Representative III cc: Bob Stroud John Parker, DCM 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 a Telephone 910-395-3900 • Fax 910-350-2004 A An Equal Opportunity Affirmative Action Employer F 401 936 511 �b RECEIPT FOR CERTIFIED MAIL NO 11 R71NTERNAYMNAL MOH (Sae Reverse) soot'° Street and N o & A Z`+��y PA Slattt #no 21P Woe a /T T. .'� PostNpe Is .-7sk Carta ad Fee D V Bottom DNivery Fee REVUM:teo Delivery fee RNurn Reeeipt shpwlnd Delivered V lO venom and Date Relum ReCtlot ShewllO whom. Date. am Address of aNVerj'• . TOTAL Postege•end F••ll Y 7 PormarN or Dat• tv G P 409 936 512 j0 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAaf PROVIDED NOT kA sNTEANATIONAL MAIL (See Reverse) 5•nt 1° �A� d -L S n r✓ ' Btra•1 a' No 0 — 0 .. �f.—.LJ•L�- a P.D . late and ZIr` Codc A 4 u L� Pdstage n I D (:ertilNd Fee �r 0 tymclal Delivery Fee Reslnpl.., (MIiV•ry ree Mtllum ReC•ipt stn ra M,w,, Sod ORION N natum Avwlpl 0 Dale. and Address TOTALPO°1p06a 7 [ylivlvnd /_ / (i >wing Io whom ery sees..... sd2. V ray P 409 936 514 ,a RECEIPT FOR CERTIFIED MAIL No INsuMNCF OVEMFE owylow treT FOR WFRNAT101104 MAIL (See Reverswl Sm to SI,wandpp Xe d a 4 P D. .71N• and 21P CoW w q C:. y V Postage *7 V f p.m.ed fee DR ivery Fee Aesi,mtad Delivery Fee geturn PeCeIo1 ahuwing U tow .." and ;ate Dpllvdred !. Rttum AepelPt SnOw�nq to wfWm. Date, and Addres,.0t _Oellvory TOTAL PO4tar and -Foes PnAtmafk f Data G� LL D OCT 2 4 1995 $$ N OF1� P 409pA#IVAL�101�NAGt&ENT RECEIPT FOR CERTIFIED MAIL NO INSUMNOE COVERAGE RROVIDFa Nor FOR IMTERNAIIONAL MAIL (Sof Rovoreo) see ro �' 61mI.i aIN Nu �. P. ., NUItl :1ry11 LIP COW / r1 r y Postage s r LL Ceriffied Fee / U Special Oehvery Fee R.111.nlnd rw l.;lry Fee Ret°m Reeoept ah"ing to vAlorn and 0.1. oxhvv-vd O Rehnn Rw!aNe wlawlluJJ III wlv+m. Dattl. and AWr•s&'4A-1"VVttry 5 TOTAL Poatape eria.PeeG" $ 10-18-95 03:25 Phi Y /- . s ., --,.` - State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director State Port Pilot Legal Advertisement Section Post Office Box 10548 Southport, North Carolina 28461 A14 -toy; 0M%XM00N%ftW0ft �j j IDEHNR December 22, 1995 Re: Public Notice - Bald Head Island (Pfizer Tract) Dear Sir: U7q''N O DEC 2el,.�9C ,F)AENT Please publish the attached Notice in the Wednesday, December 27, 1995, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Kris Horton, Division of Coastal Management, P. O. Box 27687, Raleigh, North Carolina 27611. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Ey&-- Ellen Klingenberger Coastal Management Secretary Enclosure cc: John Parker Kris Horton File Copy 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350.2004 An Equal Opportunity Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental concern as designated under the CAMA was received on 11/15/95. According to said application, Bald Head Island (Pflizer Tract) propose to develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space and parking on the south side of NC Highway 211 (Ferry Road) and the Prices Creek Southport/Ft. Fisher terminal adjacent to the Cape Fear River, just east of the Southport City limits in Brunswick County. A copy of the entire application may be examined or copied at the office of Environment, Health and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Roger N. Schecter, Director, Division of Coastal Management, P. O. Box 27687, Raleigh, N. C., 27611, prior to January 16, 1996, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Wednesday, December 27, 1995 x Fo X m W .' n� N 41 �j -0mn ❑m ° 6 n?o ,1 o` f m Q m O 0mm3m m C J D £=umn m � a °mmmm I I j1�Sj) m n a o M- .o. S. mm�mM mo'om1 b .`� ITI nna»m-Z1 `-mm In OC' nm10^D mymm �1 l� n�• nn n m ^ f0.o NNm"J m ^ mmo m m m mm5=< a m,n ^m nm m H <N m m ? D -1 A n D m O S m D d m m m -� « Y H o P H m 0 0 Vl N m 'm c m m R m mi ia�+v T. m o. M ~�= ^m <0 6T'^ omH n n mm O amm Go 11 HE sSENDER: Complete It... 1 and 2 when additional services are desired, and col 3 and 4. Put your address In the "RETURN TO" Space on the reverse side. Failure to do this will card from being returned to you. The return recel t tea will provide you the name of the er. to and the date of deliver . Pore luone Tees t e o owing services are available. onsu Tor Tees an c ec t ox es for additional servicelsl requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted De nn s�09 3& 5/� OWAI #177Rfi ELS 0// ape of Service: ,7 ^ nD Ll Registered ❑Insured 1f (% / x /6 /B 0 ❑ Certified ❑ Er0D ,// ❑ Express Mail Return Racal �0lJTNfdYQ%/ /✓C for ddreham u Always obtain signature of addressee or agent and DATE DELIVERED. 5. S' 1ature - Address 8. Addres s Address (ONLY if x �y� re tsll paid) 6. Signature - Agent 9 0 x O 'U/ tS Form 3811, Mar. 1988 U.S.G.P.O. 1988-212-865 DD TIC RETURN RECEIPT ®SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return race( t tee will rovide ou the name of the arson delivered to and the date of delivery. Fore nlona ees t e o owing services are avai a e. onsu t postmaster or ees en c act ox es for additional service(sl requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery MeifER1 J/!foeL,-�Q0E/�% IJD /3n x 11170 4r: (1AT1)R /L 5. Signature - Address X 6. Signa re Ag{n/{� / X Aat- I�i 9 9,31, &13 Type of Service: ❑ Registered ❑ Insured ❑ Certified ❑ COD ❑ Express MailReturn Receirr for Merchantl Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) .. -- _.:-_., OCT 2 3 05 'S F.I. 3R 11. M.ur IORR ♦ tl R t1 m n too n_n,n_oee nnxneerrn mcrnou menemr Complete items 1 and 2 as In the "RETURN TO" 1 3. ArVCl9 Addressed to: //J�)/ /-f e L' IrS L 7Rf-E16 y /VC of % 5. Signature - Address X 6. n ent X additional services are desired, and complete it n the reverse side. Failure to do this will prevent or 2. ❑ Registered U Insured Certified fIOD xpress Mail etarn Racali for Marchanc btain signature of addressee PS Form Jt311, Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT :3 BOUK And the GRANTORS, ,for themselves, * their heirs, executors and administrators, do covenant to and with.the said GRANTEE, its successors and assigna, that they are seized in fr of - the above granted and described property; that they have good right to sell and convey the Al same in fee simple; that the same is free and clear fkom any and all 3 1i restrictions, easements or encumbrances, and that they will and their heirs, executors# administrators and successors shall warrant and de- fend the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands and seals as of the day and year first above written. (SEAL')'-' Raymond Sylvedter Talton (SEAL) Beuna Barbour Talton J., STATE OF NORTH CAROLINA COUNTY OF 1, Lbdw ('74" 4'* Notary Public in and y a oresi �r that Kenneth E. Rutter for the State %id Count f ai t do c ti,ya and wife, Faye Rutter personally appeared before me this day and acknowledged the due ex9cution of the foregoing, -warranty deed. notarial eal th of WITNESS my hand and is a it _V—day 1973. -Z d /I N tary My commission expires: jZ: %40TAO)". I Lis!; DQUI5510r1. Expires FeErtlirj 19, 191s X" (JE)LIr-i NORTH CAROLINA A i ✓ STATE OF NORTH CAROLINA 11141;11611IL&I'll"" Brunswick County J lip BRUNSWICK'COUNTY The Foregoing CertUlcate of The foregoing certificate of a certified to be correct. is certified to be correct Notary Public, i 1, 12 M. Recorded at This the dey of IAA -2- I C)09 s _qG1 it J 4; V STATE OF NORTH CAROLINA BOOK tub i,%[100 WARRANTY DEED COUNTY OF BRUNSWICK 1973 by an d THIS DEED, made this —(61day 0 between Raymond Sylvester Talton and _BarbourWifie4,teun4atTalton, -e called'GRRNTORS, . Wake CountYr North Carolina, herein,' whether one or more, Inc. a Delaware corporation, with an office at 235.East and Pfizer, 42nd Street, New York, New York, herein called GRANTEE. W.1: T N E S . S E T H . T HAT: The GRANTORSr for and in consideration of the sum Of !ken ' Dollars (.$10.00) and other valuable considerations to them in hand is hereby acknowledged, have the GRANTEE, the paid by receipt whereofL�l .* nts do hereby bargain, sell and bargained and sold, and be these prese assigns forever, all that convey unto GRANTEE, its successors and 1 property located in Smithville Township, Brunswick. County certain re a State of North Carolina# described as follows' ,f-way line Of BEGINNING at a point on the eastern right-c at the Moore Street, said beginning point being.located place where the center line of Stuart Avenue, if projected re St. would intersect the eastwardly across 1400 right-of-way line of Moore Street, runs thence with eeasternth --Of-way line of Moore Street North 11 degrees. eastern right to a staJrke,in the Pfizer, Inc. 30 minutes east 967.6 feet 1 pert . line) which stake is line (formerly the J. M. He:rcenter, line of Moore Street* 50 feet eastwardly from the line (formerly the J. M6'HarPer, thence with the Pfizer, Inc- t to an iron'P4e; fee Jr. line) south 70 degrees e, ast 1,664.3 ne (formerly the thence continuing with the Pfizer, Inc. li 7 minutes West. - I South 46 degrees 1 M. Harper Jr. line) Sou ig the Pfizer, Inc. J. I thence leavir 1067,.3 feet to an iron pipe- he BEGINNING - line North 70 degrees West i048t.7 feet tO.t he same tract of land asrWascOn_ twining 29.08 acres and being' from-R. 1.�Mintz and conveyed to the Grantors by warranty deed wife, Lois Janq.,*.� 1967. n Mary C. Mintz, Davis C. Herring and wife, 7 and recorded July 10, Herring dated June 27, 196' . wick County Registry - Book 204, Page 623 of the Bruns 14() HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, ea.seM,e4.ts,r Or in wise ap3artatn-: tenements and appurtenances thereunta belonging; gns in fee ing unto the said GRANTEE, its successors and assi RA14$fr-.a PrCO.RO.. forever. us I(%, 4'. F 1 tl (F1','r. uiu A P IVA I -.0 260 ?m 381 V, QN.,; 7 easamonts'. tonfulle and appurtenances ounto In anywise appertain ing unto the 's said Grantser"its coesso ti and assigns, in to* .41,410 forever' And the Grantors' for th OmgOlVom, their haL a executors:,;"" 0 succe I administrators And Assignor do covenant to And jjjtj� i the Raid Grantee, its OUCOGSPOrs and assignal that they 00 Of the 2.4 . 2 glare tract abov are soil a describedi that they have sight to 0811 And - ..... .•convey the same In fee SimPlel that th: -:;�_'?:'.:same is tree and clear from any And all encumbrances, v and that OF will.ind their heirs, successor executors, successors d administrator] &Aa19nG shall warrant and defend the title to the same again 0 lawful claill, and demands of any and all persons whomsoever) IN TESTIMONY WHEREOF, G � ... . ... .... andi and scale as of rantors have hereunto met ihai day and Year fir t :,.. . . .% . � . .. a —ova written, I L I STED RECORD ... ... 'me COT 5 loll Mae . �arper, TAX sUpooVIN11 Q6 RV rgaret . �Ha2r�!�� a per T TZ OF NORTH CAROLINA! COUNTY OF 0 State n, Iunt"��, 4 Notary public in and to d 6—f—Y & NORA , 0 Certify that jame, M. r and wife, Margaret T. Harper, Harper; personally &p., and acknowledged the duo execution of the foregoing ofore me- J. rod b for the Purposes therein expressed. Warranty. WITNESS fly hand and of -944bA..L, 1971. fLciA1 Real this 'd ay of Note Uhl 0. NY Commission expires, E..... .......... A" ArArtPT;i 1RealE , IeH I OTA ARDLNA §0I)!EXAGA_ as-471 Z0 D. so=CS'li'ffy ' ;IM1r � �,a Ot De\� • •1, t' '. '...... :: .. ...r.. .r. •.. �AS,i}�4. �j NORTH CAROLIN)L 1"SWICX COUNTY m The foregoing iorl Aficate at ...... .. otary Public, is certified to be corre t'. This T�4L day of 00 REGISTER OF DEEOS OF B S prepar4i bYl' MURCH1130HO VOX i NEWTON 16 North-5th Strict; Wilmington. North Carolina .. ..... ........ .... 28401 --. i ., ,l; , ; Y /ff'. tiA 4.1 .F • 1 t { C i ,cF v' , t 5 , 1 ,fl n Y �J�rry � ueco�d 1 Ir0 ' f :°I 1 I , •1 ( t 1 ' I 400K 260 FAcc 380' '. STATE OF NORTH CAROLINA��" COUNTY OP BRONSWICE HAnnAtiTY DEED •'•' THIS DEED, made this Sth day of October, 1971, by " '};•, ,.;.;j. .! James M. Harper, Jr.and wife, Merger' et T. Harper, of eouthporh��•` ) North Carolina, herein, whether one or more, celled Oranton,'•��,,\y/`tj �1 rt + Ito PYILER INC., a Delaware corporation with,an office at 235 i",,,.•„�;�.�'•42nd street, New York,, New York 10017, herein tolled Grantee. 4 ... 1... W I T N— e a E T R T H A T1 Grantors, for and in conaidaratLon of One Hundred .'�;:1r1-�,'::���t" • Dollare (6100.00)'and other good and valuable conaideratione geld to them by the Grantee, receipt whereof is hereby acknow-'-.,:;'.:!, jlodged, have bargained, sold and conveyed and by these presents,";;ill. do hereby give, grant, bargain, sell and convey to the Grantee, its successors and assigns, in fee simple, the following described real Property situated in Smithville Township, Brunswick Count North Carolinas i i .:'•.:'r:'''.,., BEGINNING at a candrete monument which is located the following courses and distances from the interaaotion of the center lingo.',%:;r.S "'of N. C. State Roods 1526 and 15271 T ''<t`,:,'•;;7:, "'';" 1. South 26 deg, 34 'min. 00 sea. Want 694.45 feet; C{ 2. South 29 deg. 44 min. 00 sec, West 252.18.faet; "r'ii'. ! I: C.,:!;'1;.;"•,{•r°., 3. South 34 deg. 18 min. 30 tee. Want 200.00 foot; 1 J,; .•`.1',•,;:;- 4, South 65 deg. 13 min. 30 sec, East 3,021.85 feetl••t'% 5. South 51 deg, 03 min. 30 sec. West 1,066.60 foot; 6. South 65 deg; 13 min. 30 sec. East 583.67 feet; said beginning point also being located at the intersection of •i: ;: r line• 51 and 52 an shown on map dated September, 1971 by John V,'•'L'I I'1''`'";'• `' Talbert and Associates, Inc„ entitled "Property Map of Pfizer''! ,•,'�,.'..;.�: no. which which me County Registry] andrfrom dsaid ed rbeginning to he apoint rune thence do4-in the nNorth'.% 65 deg. 00 min. 30 see, East 205.10Eastfeat to oint in line 50th nee ua4 �hownQon39 , 1 said map; thence South 65 de 00 min. 30 Sao. West 426.47 teat tr.,.,....,. to 'a Point which would intersect line 52 as shown on said map %• if said line 52 were extended eaetwardly; thence with said line ',.52 extended North 65 deg. 13 min. 30 sac. West 268.66 teat to .,,+f,S ,...7.. Ai.. . •.i' '• .`. ginning, containin 2.42 acre B t o! Grantors g P a Philip Allen Tract. � g e.' Bin part 1 ' 'PTO HAVE AND TO HOLD the above granted and described .;•' I' ^Rropsrty, together with all and singular,,the rights,,privilego,,,t ` v�-r',1 rr5 1 '1 1't,,, J . '� f4 .Y, 1.1 j J • IP r , •1 ! , ). i ('1 ' �y ' ! �- � I4 '.7 r' t y! 3 ,' r i J-{4 ,> J 1 •: 11 , at e jr I ,l , � 4 tit ! ,f(IF� `S ' 1 Jr i�!-JI} 1 ! 1� I ' ,'j , , t�,`I ,I II t',4{( • , `1 11 J'IIr �' '' - Ir l I✓ I '� i`,! / 11 t,'7 { r n l v ,u i, t 5 . J( , , , r ti . ,,� r 1r` JI' �r . "!V l/t J,1. p.V IS � r !I• 11 f If -1 v<. y, J 1 i- •t}��i'Y J` ] .,yf fii S,t• ' ;. rl'::i 1. -..f flit rl {1• q % L' vt rf ( ��L^'.I� .tl':!jnt .. :. NJ �". J.. ._,t, yl♦. _... , r 'J ,. ".. 1 ..,. !r ..L,a1� �'I i r'vn5 t."'&� I t et oll 94 7. j.1 . AlIf l. 4 4 ;llf sj'IooK NO wa 379 I., I.A- I ljA";jj .. ....... M. Harp .77 X-Por :.'STATZ OF NORTH CAROLINA COUNTY Or BRUNSWICK Q—a Ilk th a Notary Public in and.for: CIA l a stab f'4%�—Zr a and warorem-a t" 1, Jr. and wife tifY that James H. Harper,:'.; d I Mar9dret T. Harper, personally appeared before ps W AY and Acknowledged the due execution of the foregoing Warrafttv_'�' dead for the PurPQQ6m therein expressed. WITNESS ...... my hand and Official seal. this 1971. ✓ day a E"Noa-aiy �P- c anion ..'.j! expirest ;If ...... LISTED TRANVIR R6C%g NORTH CAROLINA OCT 5 loll BRUNSWICK COUNTY 42UNSMCK COUNff, IL C6 TAIC ?FPSUVISOR The foregoing certificate y Notary Public, is certified to be cZat32f This 1971,.r/21a REGISTER OF DEEDS OF BRUNSWICK COUNTY BY, A Prepared bY1 MURCHISON, PDX i NEWTON, 16 North 5th Street, Wilmington# North Carolina 20401 N dl! :4�1 .4 A "M -4 wi d 9 . ... . ..... MW1},1; " O" yl4+ rC r 1 f7fll 1: I Y Ir:%, �(,('1VI fl,�.,1,• .. ; . Rccocd � ... J/ 5 Imo..,.—Lrir.r.f�re�i.rr :, �.. J,•. ...P..�a secs 260,. Pit' 378 . t.'•',• The above descriptions :,... intended to embrace Allofland andainterestand cindTr landactis owned J by Grantors within the area being acquired by Grantee as shown one,';'^ said map dated September, 1971, and entitled "Property Map for ,I :•. "`.•'` Pfizer Inc., Smithville Township, Brunswick County, North Carolina ' ,h•, Prepared From Common Survey of Contiguous Tracts by John Talbert •.,•,4 ;!?;; i Associates, Inc.", and recorded, or to be recorded. in the Brunswick . ,County Registryl and Grantors do herebyrelease • :I'!.. any warranty to Grantee, its successorand aselgna,conveall iiwhthout;.1 ":'` title and Interest they have or may have in all lands within �" 'I';'F•`.f•: + the Outside Boundary Line of the composite tract composed of • "'-''.'+"1:;.. Tracts 1 through 9, inclusive, as shown on said ma eher mbraced in the above descriptions or not, together�withtall '! 'i;':/;• t' r'•: jt4 their right, title and interest in the banks and shores of the :•f•iirr Cape Fear River and Price's Creek adjoining said composite •T'",5v' j tract, lands under navigable waters adjoinin said oom osite I !' and 1 accretions " .1>; '•:;1' �; s; tract. d al etions i do g P and rel c ns. YI; ., rrf TO HAVE AND To HOLD the above granted and described 3 pro ert ..r p y, together with all and sin ul the rights, 9 •nr, privileges'�)',!tr,:' easements, tenements and a f I , pp utenancee thereunto belonging, or ( lin anywlee appertaining unto the said Grantee, its successors + i �. ;..I and assigns, in fee simple forever. „• And the Grantors, for themselves, their heirs, succen"r,11%y :;,,•executors, administrators end assigns, do covenant to and with '�''':�'' •'•'''. the said Grantee, its successors and assigns, that they are noised, !,=\in tee of the First and Second Tracts above described; that they have; ti�..;`t i'.'�. •. good right to sell and convey the same in fee simple; that the •;,`�:; ',:`:f same are free and clear from any and all encumbrancea, axes ting J s"'}.the items speoifically•mantioned above and Possiblerights of ! '•�•1;1 the Bta.0 of North Carolina and members of the public in lends (at. below the high water line of navigable waters; and that aubjeot;:l:l t 4 .to avid exceptions the will and their heirs, successors, a ecutore 1�`� 4 P Y admi7listrators and auigns-shall warrant and defend the title to n /" 4 ' r Jr ths same against the lawful claims and ./ demands of any and all r persons whomsoever, l - IN TESTIMONY WFIEAEOF, Grantors have hereunto met• thsie 5 :� tlar l;'s!}L hands and seal as of the day and year flrat above written, $ r 4 r r •�y . !(rr 'ff ., R'. l 'If I. 7 \ f :4r , � ! ' 1 1' f L.r i :.L I 1 l ( 1 r 'l , f l,,e ,• ' t\' i. 5, 15 (la}�54 It lryr J. (i F1. fl 'S '' 'ir It 1!ft ISY I..� , �jjjsaC fyh l s (r, r l!, ! i '{tr !Ir f 1i ni/,'nl fl lf! Vir1 'I a I f.. •l'i<i 4 r y 9 r- 1t9t1,a f ,I r/! - 1f7r Af(t Q ,, 1, I Fa ) 1Y n1 +l , 1l ldTt 1r1.ry1 ! Y(JI 1 1rf " •,.r tli>"F, , r , t I + ,!, f i Y a P( � f ' � s•} •k n I,. :: r: W. :r':!�{�:j6:';:'d �iC':,i�'...n.if :fL .;:'•+ ,: 1 r : t .rt r .! • I, 1 !, `. I I� r r Ju r t rfi �JJl1�t 04 1:!'. A /. t t!:^�} IlA{'Y brit slr+r:�'ric"!iV.k4p'i((h,:(r _ n,t • . ' •'; ' QCGopd M1 / 45�11 Wit 1 Vd it i eoBK. 260 rig 377 �. ar i 1 Bxge tin y , Treat }, r P y, howa or from me second three hractsI tht fol�owlaq A. Exception li' BEGINNING at a point in the can ,. of state Road 11527 which point is located the fallwfnthr'line:.'.!; and distances along said center line from its intersection wises •; the can tar line oL State Road 115 .61g. �'t•" r i (1) North 27 de 1 ,�-c .I'' '' 00 sea, Eaet•545,78 feet, and (2)' north 26 de n, 34 sec..rs' East 209.66 feet, from said beginning runs 53 min. 00 sec.:.•;: tV 4 1 point rune thence North '4r: 63 dog. 29 min. 30 sea. Want feet; he feat, thence North•15 dag�:?; �1,• , I min. 00 sac. East 276.00 feet, thence South 63 deg. 30 min. t' , ' °00 sac. East 1,503.95 feet to the center lfna of State Road 115270 �" thence with Said center lino South 26 deg. 52 min. 00 see. West.:,. 271,37•faet to the BEGINNING, containing 9.02 acres, and being the same property conveyed by James M. Harper, Jr. to Ruby P. I .E r41 .1,/ ,I: ' ' Bowman by dead dated October 28, 1952 and recorded in Book 107, ,' Page 268 in the Brunswick County Registry. t f Exception 2. BEGINNING at a point which, is located -,, •.,.,., :the following courses and distances from'the point Of intersect- :1'! ` f.3 �i %'tlon of the center lines of State Road 11527 and State Road 11526s. �•++s,r North 27 deg. 34 min. 00 sea. East, along the center line of vt. State Road 11527, 545.78 feet, thence North 26 de 52 min. ' sea. East, along the center line of State Road 11527, 209.660feetl` 4.'}j'' ?-t J .F %':'''•r;'• ;•..i thence leaving the center line of State Road 11527 and running;t; North 63 de 29 min. beginnings g• 30 aeo. West 1,298.44 feet to the point of •: �; ,li:. i ,, '..�;,., • 9 nnings running from said point of beginning as follows t North 78 dog. 22 min. 00 sac. West 402.12 feet, thence North 46 dog. . , 01 min. 00 sea• West 358.27 feet, thence North 12 dog. 29 min. 00,.j fit;, r moo. East 168.82 foot, thence South 64 deg. 01 min. 00 sea. East '> -1,.586.82 feet, thence South 15 deg. 15 min. 00 aeo. West 176.92 feet) thence South 63 deg. 29 min. 30 sea. East 149.97 feet to the point-. of BEGINNING, containing 3.13 Acres. �',''''•'! Exception 3, BEGINNING at the flS;'tr' '•'I % the center lines of State Road 11526 and State Roadn#1527 andP of i :,f ;;':•: ';,' running thence Along the center line of State Road 11527 South ' •.I.?.•i.: g 9 j { :' • ,-,.i ..:.:I:. 26 deg, 34 min. 00 BOG. West 221.90 feat, thence leaving said I � ;,'(. .;� • .l<,,; ;I�c•!;„I;r',; road and running North 72 deg. 40 min. 00 sac. West 180.35 feetl''<•r. thence North 26 deg. 34 min. 00 sea. East 56.21 feet, thence Worth' 9. 05 min. 00 sea. Want 565.01 feat thence South 62 de 1 min. 00 sec. West 116.06 feet, thence North 22 de 00 1 I t East 88.00 feet, the North 68 de g' 10 min. 00 sea, ' '%.;;r'4'�•..`. •I.�' feats thenaa North 12 de g• 05 sin. 00 sea• West 237.60} thence North BO de g• 29 min. 00 sec. East .23S.94' teat, .1 ':�;. 1.•1,r1;':•`' 4• 31 min. 00 sac. We 688.00 feat, thence Norte 1•/i'�'i;,i','�;;12 deg. 29 min. 00 aeo• East 213.26 feet, thence South 82 deg., " min. 30 sea, East 263.17 feats thence South 68 dog. OS min.: li ' "�' ''�''•' /' 00 sea. East 1 579.04 foot to the center line of State Road 11527 !•t;: ' "fri;:•' ) ` 3., J. : ir:' 11:5 thence South 27 de 34 min g I •'',) 180.88 feet to West with said center ling, thegpoint of BEGINNING containing 12.38 acres, The above described Second Tract is conveyed subject l'V• to Any utility easements of record and to the rights of I`�.i I{ .a,f.: ' r,..... ,',... : Highway ion the Sta _.',�3 _ ! . ,m}da■ in state Road 11527 (0.58 acres) . � •' (� 4 `•+4 ' f .�� -'. Said second Tract is the same property conveyed to Jamae� { t r<r M. Harper, Jr. by dead dated March 8, 1941 and recorded in Book oifil Brunswick Count Registry. Y ,v p J %,r l ' I :1!, �Ir r'r, /,„ . rtl. I ryt { ('1 r ,'.\ j,. y , '1 1 I , I + if , F. Il, Is' i, N,!•rir r r!>%I'�I,M I I, U. ,, 4`Il ♦ d,/:'4 j14 ( r I r ♦h i,'. , r I , , r l t l f r/ I ttI'( r .1' 'r r ' l .rlhkt,ty ten. 1 i x r{ 1 )'i4�r11 1}, 1•)S If,}I,Y1 eta. ' ._.A '. a...aF : ♦ 1, , . ,a ! , 4! .... _ .. _ � Le`%. i 1. 1 '.�4; .n.l Wy.3 ..p2i :d' � c . ... ...... T j. 600K 2GO inc 376 and littoral rightso.and In Particular, together with all that land lying between the high and low water lines of the Cape Fear River and between the northern and 0 a uthern boundary to dary lines, extended eastwardly, of the above d scribed tract. Excepting, however, from said First Tract the two adjoining tracts of land described and conveyed in a deed from James r. and M. Harper, Wife to Reeae E. Swan and Wife dated February 27, 1969 and recorded March 1, 1966 in Book 212, Mth e 834 in e Brunawick'%'t'.,� 9 County Registry. Said First Tract is conveyed subject to (a) the right Of the State Highway commission :t theset forth in A consentJudgment f SuperiorCourt of Brunswick County dated September 7, 1966* COPY of which was recorded September 9,1968 in Book 222, page 308 in the Brunswick County Registry, said Wo taking judgment providing fo Of property in connection With State Road 01540 (the Ferry Road) I having a 100 foot right of way, which leads from State. Road 11528 WIG NOW River Road) northaaatwardly to the ferry lauding property of the State Highway Cbmmi8sion mentioned in t description above, he il�4k V M tho rights of the State H ighway commine on In Stato Road 11527 (tha Old River V Road), having a 60 foot rig ht ght 0 WaYl (0) the rights of the Highway Commission in State -::9 State a Road 41520 (the NOW River Road), having a loo foot right of way.;:;,',',; SECOND TRACTSi. the Point'of intersection of the centerlin .-State es of Road 11526 (the Hood Road or Jabbertown Road) and State Road 11527 (the old River Road) , and Punning thence with the center line Of State Road 41527 South 26 dog. 34 min. 00 noce West 221.90 feat; thence leaving said Center line of State Road AI527 and running North 72 deg. 40 min. 00 sec west 211 " 0:i, thence South 64 deg. 42 min. 30 sec. West 21.14 feett then'C fGe.1 South 04 deg. 38 min. 30 Bea. West 316.39 feet l thence North 82 deg. 32 min. 30 sec. Went 193.37 feet; thence5SOuth 21 deg. min. 00 sec. West 654-59 feeti'thance North *dog. 15 min. 00 sec. West 157.00 feet] thence North 12 deg. 29 min. l: OQ sec. East 932.98. feet to an old cornerl thence North 12 deg. 29 inin. 00 K., sec. East 233.63 feet; thence North 80 dog. 31 min. 00 sec . Wept' �'f 609-00 feat; thence North 12 dog. 29 min. 00 nee. East 1,195.50 feet; thence South 64 deg..Dl min. 00 Sea. East 586.82 feetj thence.-Tf l:.1 North 15 dog. 15 min. 00 Dec. East 99.08 feet; thence South 63 deg. 30 min. 00 sec. East Ip503.95 feet to the center line of said State Road 115271 iruns thence Along and with said center line 80 fOXIOWS1 South 26 deg, 52 min. 00 Bee. West 271.37 feet '1%*:F to Bgwman'N southeast-6ornor; thence South 26 deg. 52 min. 00 800, West 209.66 feet; thence South 27 deg. 34 mini 00 goo. west'-?j"ko 545.70 foot to the Point Of BEGINNING, containing lega"23.11 acres excepted as described b 9.90 acres, ;;.,IN! ,• : slow, or A not of 34.87 acres, an surveyed by Robert H. GoGlaO, Registered Land SU . and ahn 05 WrAct 9 On the map prepared from said survey, ..... �QAtSQ September, 1971; and.entitled "Property Map for Pfix m., S111ithVille Township, Brunswick county, North Carolina, Pre FXOM Common Survey Of Contiguous Tracts bY.John Talbert A pared V. &to$ Inc.", which map has been or will be recorded in the the ROgilt4r'of Deeds of Brunswick Count ypNorth Carolina.'. W. .... . .. V., 6,1' . 4 V 3- S ... . . . .. .... ... ..... .0, . 3. ?y 'th % V 4 41 A �! aL 6 cl A C.1 I If ri 1,W I$ Z 7.1 I P, Bak:* 260 vise • �74 T 00 I z �t So0"ast*351-11 f8@0 South 25 dfact; South 44 deg. 43 min. 00 as - wgst '430.27 Costsol' 050 mini30 sec..West 159.00 feet, a South 33 deg. 48 min. 70 goo. Went 422.34 feat! South 49 deg. 44 min. 30 man. West 233.47 as South 60 deg. om; min, 30 GOO- Wast'763.35 featl south a ,1 0".1t min. 00 sec. West 223.52 feet; thencety leaving the Cape Peer North 24 deg, 59 min. 30 sec. want 1,005.20 featl thence South \iT 65 deg. 00 min. 30 nee, Went 600.00 toot, thence N 13 min. 30 sec. art 65 a A, West 583.67 Peet to the southeastern corner of tymok tract conveyed to Raond Talton and wife bdated 27, 141.1 967 And recorded in Bo204, Page 623 In y thedead BrunswickJune County Registry; thence with one of said Talton lines North 51 deg. 03 M,n .I .. ..... 30 Sec- East 1,066.80 feet, thence with one of said Talton Lines, and the westward extension thareoff, crossing State Road 11528 (the'New River Road)) North 65 deg. 13 min. 30 Soo. West 3,821.65l! fast to A Point in the center line Of state Road 11527 (the old River Road), said last mentioned line passing through an old glitonal: no. 4 a short distance east of said Road 11527; thence a with the �i, �center line Of said State Road 11527 the following throe- course$ n, A A 41,11tmitneeffil worth 34 deg. -le man. U sec, East 200.00 feet,, 'North 29 deg. 44 min. 00 Soo, East.252jo 10 feeti and North 34 min. 00 sec- East 694.45 feet to tjj� point Of BEGINNING,' con-,O�I� o 26 dog."ot taining 293.90 acres 16.31 Acres excepted as described bolowt or' a net of 277.59 acres, AS surveyed by Robert H. Goalse, Registered' Land Surveyor, and shown as Tract 6 on the map prepared from said survey,dated September, 1971, and entitled "Property map for PfizmJ Inc„ Smithville Township, Brunswick County, North Carolina, Pro iparl From Common Suryay of Contiguous Treats by John Talbert & Assoc atom I!*%% Inc.0, which map has been Or will be recorded in the off4ca of the Register of Deeds of Brunswick county, North Carolina. The'above described First Tract is part' of land of approximately 640 acres knowna tract of 1,, an the Philip Allen Tract, a Of which is recorded in map Book 1p P age 77 in the Brunswick county: Registry. Instruments in the chain of title (unless otherwise i noted All references are to books and owick County' Pages in the Brun Registry) are As follows;' deeds to John C. Gossler, 329, 356, SIR r 89, RR - 91, RR - 119, RR _ 136 309, Sou port, Wilmington And Durham Railroad COhP8nY, RR dead to to SOU port - 3891 dead Company, $8 - 2821 condemnation Judgment of Superior Court# affirmed by Supremo C 5771 dead of release Rufus W. Hicks, 3 - 5451 consent Judgment Of Superior Court in b Ourtl UU Headman at: al V. Leonard at Alf Minute Docket Book A, pages 136 - .�m: 139# 157 - 1590 Office Of Clark of Superior court; deed to City of Southport, 27 - 7363; deed to Brunswick County, 27 - 36Si deeds to Philip Allen, 2- 364 and 27 - 3661 Judgment on demurrers of Superior Court in Headman at al V. Board of Commissioners i modified,and affirmed by Supreme ners at al, Court, and Judgment of nonsuit Minute Docket Book B, pages 248 - 249, Office of Clark of superior',.i�� �:!,Courtl (deed to Allen and Wife, 72 - 133, Voided by judgment, 72 . .. .... 132 A)l dead to Brunswick County and City Of Southport, 03 - 3021 d to State Port Pilot# 60 1111 17 and 83 - 315; dead t code Harper, 1' H Par# Jr.,Jr83 - 3801 deed to Brunswick County and City of SQ'4th-1`!:1 I . ... Port, 89 - 27l dead to S. S. Frink, Trustee, 09 - 333; d Harper, Jr., 09 - 407. deed to'JAMS, Together with all lands lying below the high water f Cape Fear River and a line PXLCG's Creek adjoining the above described property, 411 accretions and relictions, and a ll riparian 't - Z I � .. �. � : L.•. � � �..., 1. �t !jI ............ BOOK 260 fto; �74 STATE 0F,NoRTH CAROLINA 1p; 000HTY OF BRUNSWICK �JMJWTY DEED THIS DEED, Mdda this 27 th day of September, 1971, by Jams H. Harper, jr'. and w ifoo Margaret T. Harper, of southport,-I.�- North Carolina, herein, whether one or more, called Grantors, to PrIZER INC., a Delaware corporation with an office at 235 zaxt.j: .42nd dtr*Ot, New York, New York 10017, herein called Grantee. I T N 2 8 0 E T H T H A To — — — A Z — — — — — — — — .Grantors, for and In considers tion of one Hundr d 'Dollars (0100-00) And other good and valuable conaiderAti no Paid to them by the Grantee, receipt whereof is hereby aokn ow r %edged, have bargainee, sold and cOnVOY04 and by these pre sents do hereby give, grant, bargain, 0411 and Convqy to the Grantee ► jits DUCCOSSOrS and Agaign0j.ln fee I'MP160 the f011OWLAW 40acribed. 1, •real Property situated in Smithville Township, Hrungwj' ck County,' `1�1 NOtth Carolina, FIRST TRACTI ''t 'BEGINNING at the intersection point of the centerlines of State Road 11526 (HOW Road or Jabbert6i4n Road) and State Road 0 d A;„M41527 (the old River Road), and running thence North 27 deg. min. -, I, 1 34 I„ I 00 Sec. East with the center line of said road thence along a ling located approximately 2 11527-377,70 feety:�: 00 feet Bouthwardly 'I: :ndlpArallal to ths southern line Of PriCa,o Creek marsh t a ol owing six cou �h It raea and dLatancept South 65 dog. 58 min. 30 I.- see. East 894.61 feetp South 79 dog. 58 min. 30 ea. East 700.00 feotl South 75 deg. 28 min. 30 sec. East 1300.0 dog. 20 min. 30 sec. East 725.00 f 0 feetj South 09 to South 46 sea. 43 min .0i%; 30 too- East 910.00'feati South 07 a :deg. 43 min. 30 sec. Easi 526.00 feet to a Point which is 20 feet southwastwardly measured at right angles) from the Southwestern line of the State Highway Commission's ferry landing property, thence South 23 dog So min.".!. 30 sec- East Parallel to said Stato Highway Commission property ;a line and crossing StateRoad 11540 (the Ferry Road) On 11" 620,00 feet .01 thence North 66 dog. 04 min. 30 see, East and parallel to another . State Highway Commission property line 602.,32 feett thence South ok . ".".23 deg. 55 min, 30 sec, East and parallel to Another State Hijhway;� COMMA. C N Lcn Property. line 531.21 feet to the high water line a th00%f Tape ar River) thence with said high Water, line the following 11 courI162 and distances, South 72 deg. 04 min.:30 see. west -;-:X,. 85-19 feet? South 25 deg- 59 min- 30 sect. Weet378.24 fegto'southO 46"dsja 05 min. 00 118c- Wait 121.15 feetj South 584tog. 42 min. It.. STAtt OF eal WI I TH f,®XCIsDDJNJ ,1.AN% OCT4711F,049 T ........... ...... V A VA%IM ...Vt q4: it. A ,0 ...... 0)� AIt I E ' l► CONSENT TO ENTRY The undersigned, being a duly authorized agent of Pfizer, Inc., hereby acknowledges the following: La" MACT 1. Pfizer, Inc. has entered into als-eptiien to sell that real property generally consisting of approximately one hundred seventy (170) acres located scent to the State Port facility, in and near Sout�O,,7, Torth Carolina, to Bald Head Island Limited. The 2 r� is in full force and effect as of the date of this letter. 2. Pfizer,, Inc. hereby consents to the entry upon such property by representatives of the State of North Carolina, including representatives of the Division of Coastal Management (CAMA), for purposes for performing routine inspections and site visitations relating to the processing and consideration of an application for a major development permit for utilization of such property, as sought by BaldHeadIsland Limited. Prior to any intrusive procedures, such as drilling, prior notification is requested, and prior permission will be required, it not being the intent of this consent to allow other than access and visual inspection. This .31 day of October, 1995. PFIZER, INC. Richard D. Benson Authorized Agent f:\office\kmk\consent 1k NOV 15 1995 DIVISION OF COASTAL MANAGEMENT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER To May 18, 1998 Regulatory Division Action ID No. 199602657 and State Permit No. 91-96 Mr. Ken Stewart Bald H Island, Ltd. s Otice Box 3069 Bald Head Island, North Carolina 28461 Dear Mr. Stewart: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to use an alternate design for entrance channel breakwaters, allowing water flow to the adjacent marsh areas. The Department of the Army permit issued on July 2, 1996, authorized dredging of 9,000 square feet of vegetated wetlands and an additional 110,400 square feet of non -vegetated wetlands and shallow bottom, in the Cape Fear River, adjacent to the Prices Creek Southport/Fort Fisher ferry, on NC 210, east of Southport, in Brunswick County, North Carolina. Your work continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified to include the work as shown on the enclosed plan. It is understood that all conditions of the original permit remain applicable and the expiration date is December 31, 1999. Questions or comments may be addressed to Mr. Jeff Richter in the Wilmington Field Office at telephone (910) 251-4636. Sincerely, G. Wayne Wright, Chief Regulatory Division Enclosure RECEIVE® MAY 2 7 1998 COASTAL MANAGEMENT Copies Furnished (with encl): Chief, Source Data Unit NOAA/National Ocean Survey Attention: Sharon Tear N/CS261 1315 East-West Hwy, Rm 7316 Silver Spring, Maryland 20910-3282 Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 I q9 (,oaG I FU7WE BASIN PHASE ONE STAGING AREA _\ \ CONTACTOR LANDING M 4 \ 5D' TYPE Bt • is \ LANDING� 1N3Wg�J6l+lFi6 III" -Ui � MARSH 868E g p MARSH I I I I -I .I I, I I I I DIXPg -� I •I I� I I 'I I I I I- CHANNEL CAPE FEAR RNER .I I. s I I I I "I I PURPOSE: DOCKING OF VESSELS BULKHEAD / JETTY LAYOUT DATUM: MSL (NGVD) ADJACENT PROPERTY OWNERS: DEEP POINT MARINA 1. 2. 1"=100' DO"y r� 1171, !t4AR G b 1.o,98 OIT!ISfOI4 JF COASTAL MA14AGEMENT _CAMA MAJOR PERMIT #91-96 FERRY & MARINA IN: CAPE FEAR RIVER AT: SOUTHPORT, NC LOCATION: BRUNSWICK STATE: NORTH CAROLINA APPLICANT: BALD H AD ISLAND DATE. 2/28 SHEET P1 OF 5 +6.0 — 12" PILES 30' Lg 0 12' CTS CHANNEL SIDE 4:1 E PURPOSE: DOCKING OF VESSELS DATUM: MSL (NGVD) JETTY TYPE J1 ADJACENT PROPERTY OWNERS: 1 DEEP POINT MARINA 2. 1/4" = V-0" VARIES ELEV 0.0 TO —6.0 TYPE Al (6) SHEETS x 22 FT Lg I��� EL6� D r iNAR L o ?-098 CIVISI,,.. 3F COASTAL iWAIsIAGEMENT CAMA MAJOR PERMIT #91-96 FERRY & MARINA IN: CAPE FEAR RIVER AT- SOUTHPORT, NC LOCATION: BRUNSWICK STATE: NORTH CAROUNA APPLICANT. BALD H AD I4I AND DATE: 2/28 SHEET P4 OF 5 1 �:., �: ���`�X '. ..: �.�� ''C��t xt ., '^K'�w3. tom;,': i:y Ai 8� 4� i w�'� ���. f Underwater Archaeology Unit Division of Archives and History P.O. Box 58 Kure Beach, North Carolina 28449 910-458-9042 (phone) --910-458-4093 (fax) 1�ctr ke r- FROM: h RE: 7- Fax number calling ]mot) '7 3 3 14 q 5- Number of pages �f eJ2 n,e +��fL r Quo s r F a r f -k M t Gn- Cc� i r 7v4t }� r o ✓h j O ✓"1 --� An Archeological Survey of the Pfizer Tract, Deep Water Point, Southport Vicinity, Brunswick County, North Carolina. _3 Thomas Hargrove October 1995 1 V7 NOV 1 15 1995 '— LA DIVISION OF CO�,STAL MANAGEMENT A Report Submitted to Bald Head Island, b Archseologlcal Reseatch Consultants, Inc., Raleigh, North Catollha. d DEC' ',-):s iUt 1-13-' 96 THI 109: 09 1 D: TEL NO: #177 P03 I MANAGEMENT SUMMARY The archmoloeical survey of the Pfizer tract at beep Water Point encompasses an area of approximately 170 acres on the Cape Fear River east of Southport in Brunswick County, North Carolina. The purpose of the survey was to examine the project area for prehistoric or historical arehmiogicai sites with signincant remains that might be eli@ ble for notnirtation to the National Register of Historic Places, Since most of the proiect area is densely wooded, the sun•ey relied heavily on transects J with screened shovel tests at inten•als of 30 m 000 feet). We did not shovel test it,, wetlands or in highly disturbed areas (for example, the spoil basin or the ferry access road). In areas urith - exposed ground surfaces. (access roads and the Gape Fear Rivr shoreline), the surveyors closely examined the exposures for prehistoric and historic artifacts, The survey recorded nine archmologicai sites in the projeu area, 1 31BW563** historic site, severely distul-hed by spoil area 3 tBW564'* historic site (nineteenth -twentieth centtny Bowensville), with a minor prehistoric Woodland component (3113W564) 31BW565 prehistoric Middle Woodland site 31BW566 prehistoric Late Woodland site (isolated sherd) 31BR'567 prehistoric Middle Woodland site 31BW568 prehistoric Middle Woodland site 31BW569 prehistoric Middle Woodland site 31BW570 prehistoric Woodland site 1 31BW571 prehistoric Middle (?) and Late Woodland site Most of the preNstoric sites are represented by small numbers of sherds, with no signs of subsurface features or stratification. 31BW571 is a small Middle and Late Woodland site, with a density of sherds (22 in one shovel test) and a deiMh (about 60 cm) suggesting that.the site could contain intact, bunted deposits from a period dating from the Woodland.period of prehistory. The historical-genod site at 31 BW-564"* appears to be the location of the settlement of Bowetrsville, a small fishing, logging, and naval stores community occupied in the nineteenth and early twentieth centuries. The site also contains an earthwork, Approximately IW feet long, ovcrlooldng the Cape Fear River, Local historical sources state that part of beep Water Point was garrisoned during the War of 1912, but knowledge of the location of the 1812 - 1314 military occupation has beers lost. Some of the remains at 31 BW564 might date to that occupation. We do not recommend additional archmologgticai work on the historical period site at 31BW563** nor on the pprehistoric sites at 3lBW565, 31BW566, 31BW567, 3113W568, 31BW569, and 31BW570. i We do recommend Phase 9 test excavations (uncovering an area of about six square %� meters) in the prehistoric remains 31BW571. We also recommend test excavations (remote rHU E9: 1:: I D: TEL hG: c 3 sensing with a metal detector, fol3owed b� the Mca%'Wion of 20 square meters) in the remains of Bowensville and the adjacent earthwork's (31Bk'S64" r. —_A . JUN-13-1996 22:57 PHI RCCTING 1 910 457 9232 -Y ' 1 c. "✓tee 2 P.01 eY� RCHAE.OLOGiCAL Wlt�ESEARCH CONSULTANTS, INC. Daniel H. Weeks Diregorof Planning P.O.;Box 309 Bald! Head I§land, NC 28461 November 13, 1995 RE. Amhaaological Test r=cavaaons at 31 BW564, Pfizer Tract, Southport, North Carolina Dew Mr. Weeks: We have finished the fieldwork involved in the test excavations rs 316 W564, the histori c- periud uie on the Cape Fear River shoreline of the Pfizer tract. Artifacts found under the eartllwatk vt its construction after• 1812 and probably after 1864. so it is certainly not a product of the War ofP1812 and probably not a Civil War earthwork. Evidence from the tests suggests that a swumure, probably a house, stood near the earthwork in the last half of the nineteenth century and the first half' of the rwentieth century. It does not appear that the site is eligible for nomivaiion to the Nationa4 Register of f istanc Platxs. Our report of the tests on this site will not recorvmmd preservwior, or dart recovery on this site. 1 tmiL keep you posted on the grogr*Ss of the test a:ctrrations on the small prPhisrari C site at 31 BW571. tp you have any questions, please do nothesitaie to let. rae know. Thank you. h ours, 17vw- 0 Thomas Har&tuve P;o, Box 25426 R1I9IQh, Worth Curohnn 27611 619 032-0429 JUH-13-19'95 42;58 iHl ACCTING 1 9101 457 9232 P'.02 t *RCHAEOLOGICAL ESE � RCH LI H CONSULTANTS, INC. June I1, 199fs Daniel H. Weeks Director of Planning P.O. Box 3M EL-,�d Head Island, NC 2M1 I FAX 910-457-7463 Rs : A=haeologiaal Test Excavations at 31BW571, Pfizer Tract, Southport, North Carolina. D ear.Mr. Weeks: W,6 have finished the fieldwork involved in the test excavations at 31 BW571, the, prehistoric Woodland period site in the northern section of the Pfizer tract. Although we did fund a large number of prehistoric potsherds in two o3 the test squares, we did not find intact cultural features or evidence for stratified cultural levels. It does not appear the site is eligible for nomination to the National Register of Historic Places. Our report of the tests on this 4ite will net rei�ornrnen8 preservation or data recovery on this site If you have any questions, please do not hesitate to let me know. Thank you. Yom, Thomas Hargrove P.O. Sox 25426 Ralalgh, Norlh Carolina 27611 910 832-0429 TOTAL P.» l Aaeens AV.! ; + �. ✓I ME ' I[r .� a -rc,r.� eb It/w � u. M• � I �.+wx �� -' S h - ' ^lad* .ai.1. ♦' h9..MOM,�• .�' °a ` ! PC"C'. SL 16F is m i q �4.r r'• y N.� l,' -_ - •�. �n/� 'Pelem:mean> fad.R•.M1-ieR m. er o-e =: wrc- yy{•n W ratc JN-=a t,.. va,, r, R... e.ez. r..q a-• fiJ!`.NOYh. %%%�1 i .: . r e:r.r ve+M Gu G.•e.]n au rer� aJ�190 LF4 iT'D [f • + ••Mn4-a+a uanmanl U . •'a.. ici• �' ' ,� • ate. O f.l+m. Poe i �•' 1�a M1z v-�j¢a�j" m F+�Oeq eeeu•l. uemm..,t S RM �+rl fn+erod Bridge ),`tid per[L �''� y 1 1 1 NC �• TRIME PLA.4S ARE MQUIR4'J FROM CUM1A4C9 SURVEYING PROJECT y Se1}-5 BARRIER ISLAND STATION �� "�T'° CASE KITTY HAWK, NORTH CAROLINA ° NVMBFR: 93-0990 PROPOSED MITIGATION TRACT 99 _ DRAWN BY. JJ ` KITTY HAWK - DARE COU4TT NORTH CAROLINA RE01EYlb. CW CUAPA{TNS SUR4I,`"iG V.D. Box 2794 .I ML DEW. MLI.9 NORTH CAEDLIKA II �FAiB (819) hi]^d3iY DRlttiYING i] ENVROMAE� ITAL PROFESSIONALS INC. _ PLANNING FOR A BETTER ENVIRONMENT P.O. BOX 336E KILL DEVIL HILLS, N.C. 2?948 PHONE (919) 441 0239 FAX (919) MI 0721 htr:9t 966T'il'.1 c- NOiElf; IHSH11 WQ' � .~ State of North Carolina Department of Environment, Health and Natural Resources 4 • A Division of Coastal Management spa B. Hunt, Jr., Governor �� Jonathan B. Howes, Secretary ID E H N R Roger N. Schecter, Director June 5, 1996 Bald Head Island, Limited P. O. Box 3069 Bald Head Island, NC 28461 Dear Sir: The enclosed permitconstimtes authorization underthe Coastal AreaManagementAcS and where applicable, the State Dredge and Fill Law, foryou to proceed with your project proposal. The original (buff -colored form) is retained by you and it mustbe available on site whenthe project is inspected for compliance. Please sign both the original andthe copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Ifyou objectto the permit or any ofthe conditions, you may request ahearing pucsuantto NCGS 113A-121.1 or 113-229. Yourpetitionforahearingmustbe Sled in accordance withNCGS Chapter 150B withthe Office ofAdminisuadve Hearings, P.O. Drawer I1666,Raleigh,NC 27611, (919) 733-2698 withhmtwenty(20) days ofthis decisiononyourpermit You should also beaware that if another qualified party submits a valid objection to the issuance ofthis permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The projectplan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, orproblem areas, you may contact Departmempersonnel at anytime for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John .Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Niq�CAn FAX 919-733-1495 Raleigh, North Carolina 27611-7687 � Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 , 50% recycled/l0% post -consumer paper NORTH CAROLINA Currituck County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N. C. Department of Transportation resulting in 47.36 acres of impact (2459 acres of wetland and 22.77 acres of ditches/open water) in Currituck County pursuant to a revised application filed on the 6th day of October of 1995 to widen NC 168 from Moyock to Barco. The Application provides adequate assurance that the discharge of fill material into the waters of North River and/or Currituck Sound in conjunction with the proposed development in Currituck County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as troutmaters by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). 2. DEM shall be copied on all mitigation reports. 3. Compensatory wetland mitigation shall be in accordancemith,the Corps of Engineers. DEM shall be copied on the approved iatio, size, location and method of debit (restoration, enhancement, creation and preservation). 4. Borrow and waste areas shall not be in wetlands. 5. Land clearing in wetlands shall conform to Method ll (no clearing beyond toe of slope). If this impact is required, DOT shall contact DEM for a modification of the 401 Certification. 6. "Ditch" impacts will be mitigatedby "in -kind" new ditches. DOT shall determine the effect of lateral ditching on the widened road and include that impact in the mitigation plan. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 31st day of May, 1996 DIVISION OF ONMENTAI WQC #3016 ton Jr. North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director July 24, 1996 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, Wilmingtor) District FROM: David Brook 6� Deputy State Historic Preservation Officer SUBJECT: Bald Head Island, Ltd./Pfizer Tract, Deep Water Point, develop marina and operations complex, Brunswick County, CAMA Permit 91-96, ER 96- 8055 CAMA permit number 91-96, issued June 6, 1996, to Bald Head Island, Ltd., contained the following conditions regarding archaeological resources: Prior to initiation of ground -disturbing construction activities in the immediate vicinity of archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) will be conducted to evaluate if the sites are eligible for listing in the National Register of Historic Places. If either site 31BW564** or 31BW571 is determined eligible for listing in the National Register of Historic Places, and if the site will be adversely affected by proposed construction activities, a detailed impact mitigation plan will be developed and executed. All archaeological investigations will be conducted under the direction of an experienced archaeologist. Upon completion of the site testing and evaluation process, a written report will be submitted to the North Carolina Division of Archives and History. Any mitigation plans developed for the sites must be approved by the Division of Archives and History prior to implementation. We have received two reports detailing the results of archaeological testing of sites 31 BW564* * and 31 BW571 from Archaeological Research Consultants (rjUL311996 Based on the results of the site testing, ARC determined that neither site 31BW564** nor 31BW571 was eligible for listing in the National RegistHistoric Places. Further, ARC recommended that no additional archaeolo00) 109 East Jones Street • Raleigh, North Carolina 27601-2807 State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director April 3, 1998 Bald Head Island Limited c/o Ken Stewart Post Office Box 3069 Bald Head Island, North Carolina 28461 Dear Mr. Stewart: 1r rI� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES This is with reference to your request to modify State Permit # 91-96, which was renewed on 6/3/96, and will expire on 12/31/99. The action proposed in your submittal is an alternate design for entrance channel breakwaters, to allow water flow to the adjacent marsh areas. The project is located in Southport, off SR 1540, adjacent to the Cape Fear River, in Brunswick County. Upon reviewing the submittal I have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Pennit # 91-96, as described in your letter and plans dated 3/5/98, and received in our office on 3/6/98. The proposed breakwater design change is the only portion of your request that is authorized by this refinement. The requested site changes must be proceeded by DWQ and DLQ authorizations, as noted in our letter of 3/23/98. By copy of this letter we are also notifying the U. S. Army Corps of Engineers of our action. If you have any questions concerning the above or if I can be of any other assistance, please advise. Sincerely, C. Robert Stroud, Jr. District Manager cc: E. F. Brooks, DCM Josann Campanello, LPO Jeff Richter, COE John Parker, DCM Charles Jones, DCM RECEIVED APR 0 6 1998 COASTALMANAGEMENT 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer March 5, 1998 Mr. Ed Brooks North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 PATON/ZUCCHINO fi ASSOCIATES. P.A. RE: Permit Refinement Request— Major CAMA Permit #91-96 Deep Point Marina -- Southport, NC Dear Mr. Brooks: 1N3A'90VNVV4 -]V1SHO0 AO "101SlA10 Z Bald Head Island Management, Inc. is currently constructing the first phase of the Deep Point Marina under a Major CAMA Permit. During the course of final engineering and planning, several minor program and layout changes have been recommended. We are forwarding the phase one modifications for your review. We are requesting issuance of a letter of permit refinement acknowledging and approving the following refinements: 1. Final layout of the marine maintenance, contractor parking and barge landing service areas. These areas have been refined from the Master Land Use Plan approved under the permit. 2. A final perforated bulkhead design for the wetland and marsh zones bordering the marina channel to promote flushing. The proposed bulkhead detail and location are attached (see bulkhead type 1-2). 3. Construction of a temporary contractor's ferry landing and temporary bulkhead immediately north of the barge landing. Both structures will be removed after Phase Two marina basin improvements are completed. Also attached for your files is a copy of the Phase One stormwater and erosion control plans which have been submitted to NCDWQ and NCDLQ, respectively. Please contact me if you require any additional information or clarification concerning this request. If desired, we are available to meet with you at the project site at your convenience. .-, p ��5� Very Truly Yours, � � �rAz U� bw at " Lawrence R. Zucchino, ASI.A Paton/Zucchino & Associates, P.A. Attachments I.RZJcd/bhim5a cc: Mr. Andy Sayre, BHIC COAS f n- ,v„�ivnUErAENT Land Planting Landscape Architecture Suite 101 1001 Wade Avenue Raleigh. N.C. 27605 919-834-8620 FAX 919-823-7068 Ak titv.paton-zucchino.con email:pza@patoii-zucchino.com FUTURE BASIN MARSH MHW / / I Y PHASE ONE m \/ BASIN w I� BARGE LANDING \k STAGING AREA \ Ali \TEMPORARY \ CONTRACTOR - LANDING I / m \ / O/ \ 50' TYPE Bi 1 \ LANDING� LN3W�QyAIyyV lb :-"Q nSbOQ \ \ ass 90 �vw s qMARSH ^6 w k, MHW f Llu I I I I I •I I, I I � I DOLPHIN I .I I� I I� �I I I I CHANNEL -� .I I. I I I I •I I PURPOSE: DOCKING OF VESSELS DATUM: MSL (NGVD) ADJACENT PROPERTY OWNERS: 1. CAPE FEAR RIVER ROOD EBB BULKHEAD / JETTY LAYOUT DEEP POINT MARINA r(o ',� ,J li MAR G b 1998 --J DE'!IS1Q!v OF COASTAL MANAGEMENT CAMA MAJOR MAJOR PERMIT#91-96-96 FERRY & MARINA IN: CAPE FEAR RIVER AT: SOUTHPORT, NC LOCATION: BRUNSWICK STATE: NORTH CAROLINA 1 "=100' SHEET P7 OF 5 -ten PURPOSE: DOCKING OF VESSELS DATUM: MSL (NGVD) ADJACENT PROPERTY OWNERS: BULKHEAD TYPE B2 DEEP POINT MARINA CAMA MAJOR PERMIT #/91-96 FERRY & MARINA IN: CAPE FEAR RIVER AT: SOUTHPORT, NC LOCATION: BRUNSWICK STATE: NORTH CAROLINA = 1'-0. DATE: SHEET P3 OF 5 +6.0 — 12' PILES 30' Lg ® 12' CTS CHANNEL SIDE VARIES ELEV 0.0 TO —6.0 PURPOSE: DOCKING OF VESSELS DATUM: MSL (NGVD) ADJACENT PROPERTY OWNERS: 1. 2. —6.0 JETTY TYPE J1 DEEP POINT MARINA TYPE Al (6") SHEETS x 22 FT Lg T���ITVT DO iAR G 5 1998 D!VIS!1r, JF COASTAL. IViAIdAG EMENT CAMA MAJOR PERMIT #91-96 FERRY & MARINA IN: CAPE FEAR RIVER AT: SOUTHPORT, NC LOCATION: BRUNSWICK STATE: NORTH CAROLINA DATE: SHEET P4 OF 5 +8.0 — 12"0 PVC SLEEVES ® 3' CTS INV. = —2.5 CHANNEL SIDE. 4:1 TYPE Al (B") SHEETS x 22 FT PURPOSE: DOCKING OF VESSELS DATUM: MSL (NGVD) ADJACENT PROPERTY OWNERS: 1. 12" PILES 30' Lg @ 12' CTS VARIES FROM ELEV —2 TO ELEV 0.0 lolgilva DO MAR 0 6 1.9°R Dll lic COASTAL IviAoit 60VIENT JETTY TYPE J2 DEEP POINT MARINA _CAMA MAJOR PERMIT #91— FERRY & MARINA IN: CAPE FEAR RIVER AT: SOUTHPORT, NC LOCATION: BRUNSWICK STATE: NORTH CAROLINA = 1'-0" DATE: SHEET P5 OF 5 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATfENT*N OF July 2, 1996 Regulatory Branch Action ID No. 199602657 and State Permit No. 91-96 Bald Head Island, Ltd. c/o Mr. Dan Weeks Post Office Box 3069 Bald Head Island, North Carolina 28461 Dear Mr. Weeks: Reference your application for a Department of the Army permit to dredge 9,000 square feet of vegetated wetlands and an additional 110,400 square feet of non -vegetated wetlands and shallow bottom, in the Cape Fear River, adjacent to the Prices Creek Southport/Fort Fisher ferry, on NC 210, east of Southport, in Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Ws' NA"We'vr Copies Furnished with enclosure: Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., RM 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources- 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Almoi John Parker ision of Coastal Management th Carolina Department of nvironment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner , U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna Moffitt, Director TO: Doug Huggett Permits Section, DCM FROM: E. F. Brooks �%j Field Representative, YSC THROUGH: C. Robert Stroud, Jr. District Manager, Wilmington, DCM DATE: 7/ 15/99 1� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES P . IIF0. JUL 2 0 7999 COAST& MANAGEMENT SUBJECT: Request for modification of State Permit #91-96 (Deep Point Marina) Bald Head Island Management, Inc. The applicant has submitted the enclosed plans for the addition of rip rap extensions to the ends of the entrance channel bulkheads at the Deep Point Marina project. Wave action is eroding around the ends of the wing walls and up the back side of the bulkheads. The applicant hopes to stabilize this urgent situation with the rip rap extensions. I have spoken with Jeff Richter, USACOE, and Joanne Steenhuis, DWQ, and both have verbally agreed with trying to abate the immediate situation with the CAMA Minor Modification process. However, our discussion centered on a unanimous concern that this measure may only be a band -aid, that will likely result additional requests for more rip rap, once the erosion reached the end of the initial installation. I recommend a minor modification be issued to authorize the proposed rip rap extensions, but, with a requirement that the applicant prepare and submit an engineered solution as a contingency plan, should the rip rap not solve this problem. Further, the applicant should be aware that, if the problem continues, a last minute request for additional rip rap authorization will not be available. I 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 O Telephone 910-395-3900 O Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer June 22, 1999 Division of Coastal Management 127 North Cardinal Drive Wilmington, NC 28405 Dear Ed: Bald Head Island Management, Inc. previously submitted a letter of refinement request for a phasing plan modification and the placement of rip rap along the river edge to stop the erosion of the marsh on the outside of the entrance jetty system at the Deep Point Marina (Pfiser Tract). By telephone conversation, you asked that the rip rap be resubmitted as a minor modification. By this letter, with drawings and a $50.00 check included, Bald Head Island Management, Inc. is requesting a minor modification to CAMA permit # 91-96 to place rip rap on the wing walls as depicted on the drawings. It is my understanding that you will process the refinement request, with the rip rap portion deleted, as already submitted. Thank you for your consideration. Cordially, Bald He Ad Island Management Ken Stewart KS:bjg Enclosures cc: John Haley BALD HEAD ISLAND Post Office Box 3069 • Bald Head Island, North Carolina 28461 • (910) 457-5000 • (800) 234-1666 w baldheadisland.conn Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. 171 Landowner: Name Pfizer, Inc. Address 235 E. 42nd Street City New York State NY Zip 10017 Day Fax 212-808-6339 Authorized Agent: Phone 212-573-2323 r(C i.�'J - NOV 15 19 b. Citty, town, wmmunity or landmark outhport, North Carolina c. Street address or secondary road number S.R. 1540 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Cape Fear River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name Bald Head Island Limitc-QIVISION Ug. List all development activities you propose (e.g. MANAUEMbWing a home, motel, marina, bulkhead, pier, and P. O. Box 3 0 6 9 excavation and/or filling activities. Address Operations complex for Bald Head Island, Limited which will cones City Bald Head Island State NC marina fold or passenger ferry andbar§ marine maintenance facilityparking orrices, Zip 2a4r,1 Day Phone 910-457-7339 Fax 910-457-7463 c. Project name (if any) Pfizer Tract N07E. Fermit will be issued in name of lm+dow er(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages Land based operationfox access to and from Bald HeadIslanc for residents, resort guests, employees & contractors. Tnemarinz will be dredged withspoil being disposed of on site. Road beds, parking areas will be constructed with heavy equipment with detailed construction by a general contract v..ae.a na/oc Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 171.8 AC b. Size of individuallot(s) N/A c. Approximate elevation of tract above MHW or NWL Varies from 7 MSL to 26 MSL in. Describe existing wastewater treatment facilities. Existing into the City of Southport. 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.) Surfact runoff. d. Soil type(s) and texture(s) of tray existing drinking water supply source. Wando, Lakeland, Foreston a f Southport. Leon Lynnhaven e. Vegetation on tract Mixed hardwoo_NOV 15 19&5 i3 pine with uis ur a ive oaks IVISION OF on site. f. Man-made features now on tract ExistC-a-ASTAL MA Bald Head Island construction 5. ADDITIONAL INFORMATION barge landing and old dirt roads. g. What is the CAMA Land Use Plan land classification of the site? (C uult the local land use plan.) Municipal and Urban Transitional Conservation Transitional Developed Community Rural x Other In addition to the completed application form, the following items must be submitted: • TR Transitional Res. DI Devel. Industrial h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? X Yes No (Aaach Zoning compliance certificate, if applicable) wllrequire conditional use permit j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? Thomas Hargrove k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) Other X If yes, has a delineation been conducted? Yes (Aaach doevmenudon, if avallabkJ 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 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 James Hamer Address P. 0. Box 10548 Southoort.Nc 28461 Phone Name an Harrelson Address F n ^nx 10100 N' 78d:,1 Phone 910-457-6215 Name Arch- Dar; -Is Odem .Address n n a,�,r IL-70 TT Phone • A list of previous state or federal permits issued for work on the project tract. Include permit n`umber�V permirtee, and issuing dates. DIVI 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this. permit application and follow-up monitoring of the project. I further certify that the information provided in thi., application is truthful to the best of my knowledge. This is the, 15 1WH5it Name SION OF COASTAL MANA iO 4 Landowner or Autnori;ed Agrn 16th day of Oct. ig 95 . • A shed: 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 Polity Act. Please indicate attachments pertaining to your proposes proj ect. x DCM MP-2 Excavation and Fill Information g DCM M0-3 Upland Development x DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE. Please sign and dare each attachment in th, space provided at the bottom of each form. -NO :CAVATION ENOV 7 IDFILE 15 1995 L aoL;t(;N OF idges and culverts) COASTAL MANAGEMENT form to Joint Application for CAMA Major )rm DCM-MP-1. Be sure to complete all ons of the Joint Application that relate to this )roject. )elow the purpose of proposed excavation or ies. All values to be Given in feet. 'r (Nw'L) a ikwater :r lading )tdine abilimtion) Average Fecal E=twg Project Length width Depth Depth 757150'+3 —10, 700'I300' +9 I—S' M—Fc ♦ m .1C ti 1 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 13 , 000 cubic vd b. Type of material to be excavated Sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? X Yes _ No d. High round excavation in cubic yards 208 , 000 cubic yds. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area East of Marina Existing spoil basin site. b. Dimensions of disposal area 1, 6 0 0' x 3 0 0' 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 Location Form DCNI-NSP-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 If yes, (1) (2) Amount of material to water Dimensions of fill area. 0) Purpose of fill be placed in the b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), es or other wetlands?�r H� Yes X No a. Type of shoreline stabilization ( ) imensions of rill area X Bulkhead X Riprap NOV 15 1995 (2) Purpose of rill b. Length OF 3400 LF (Bulkhead) MANAGEMENT 1800 LF Rip Rap Average distance waterward of IvMW or NWL 200' _ d. Max:! -,,um distance waterward of MHW or NWL 400, e. Shoreline arosion during preceding 12 months No information coven at this time. (Source of infor ion) f. Type of bulkhead or riprap material Concrete Bui,khead and PVC Panels ;. Amount of fill in cubic yards to be placed below water level (1) Riprao 285 cubic yards (2) Bulkhead back -fill None Type of fill material Sand & muck Source of fill material On site OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Will fill material be brought to site? Yes X No 5. GENEMA-L a. How will excavated or fill material be kept on site and arosion controlled? Disposed into ` existinq spoil basin site b. What type,of construction equipment will be used (for example, ,dragline, backhoe, or hydraulic dredge)? Dredge, backhoe and bulldozer c. Will wetlands be cr ssed in transposing equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Pfizer Tract Z * atVureBa a Head Island Director oqf planning October 16, 1395 Date Form DCM-,11P-3 U-PLAND DEVELOPMENT Nov 15 1995 (Consr uc ion and/or land disturbing activities) OF es) COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major Pe.^tit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or st-ucntres proposed 6 Marine related structures b. Number of lots or parcels No residential developmentproposed at this time. c. Density (give the number of residential units and the units per acre) N%A v d. Size of area to be graded, filled or disturbed inauding roads, ditches, etc. 53 AC e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? 'Yes - X No If yes, date submitted Will submit plan prior to development. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Marl, concrete, asphalt, concrete pavers. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 112,900 SF h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X yes No If yes, date submitted October 16, 1995 i. Describe proposed method of sewage disposal. Se_otic tank witn ground abscrptio or connection to City of soithaort j. Have the faciiities described in Item L above received state or local approval? No (.4=c+ mprgv i rz doetm .Dn) k. Describe location and type of proposed discharges to warers of the state (for example, surface runoff, sanitary wastewater, indust ial/co=ercial a^:Lent, "wash down" and residential discharges). Surface runoff into crass swales, infiltration basin andretention basins. 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Community, well and public m. Will water be impounded? Yes x No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? NA Pfizer Tract for 'ea ante eaIslandea S cure Director of Planning October 16, 19955 Dam Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community X Private (2) Number No slips at this time. (3) Length (4) Width (5) Finger Piers _Yes —No (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes _ No (i) Number 3 (ii) Length 400' (Total) (Hi) Width 10, (7) Number of slips proposed Not vet determined (8) Proximity of structure to adjacent riparian property lines 1000, (9) Width of water body 300' at Marina (10) Water depth at waterward end of pier at MLW or NWL -10 MLw b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) Jetty (1) Length 350' and 460' (2) Average distance from MHW, NWL or wetlands 200' Avg. (3) Maximum distance beyond MHW, NWL or wetlands 460' NOV 151995 DIVISION OF COASTAL MANAGEMENT e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _Commercial _Community X Private (2) Number 4 (3) Length 150, (4) Width 10 0 g. Other (Give rnmplste description) Please note all survey informatior based on NVGD as surveyed by Brunswick Surveying. Pfizer Tract Sig=t= Bald Head 1Td Director of Planning October 16, 1995 _ Date Form DCM-11AP-6 MARINA DEVELOPMENT`- .O,,,�,i'i (Required for the mooring of more than 10 vessels) Armch 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. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. X Commercial Public Residential b. Will the marina be open to the general public? Yes x No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? Yes, potential future residential development. d. Check all of the types of services to be provided. N/AFull service, including travel lift and/or rail X Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips No slips at this time. None Dry storage Number of boats N/A Boat ramp(s) Other (describe) Barge Landing e. Check below the proposed type of siting. X Land cut and access channel X Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types).Passenger, sailboat & barge DIVISION OF COASTAL MANAGEMENT g. Jpical boat length h. Maximum boat length 7 0 ' Are any floating structures planned? Possible If so, describe No slips at this time, Possible �nuture_development, and not part of this submittal. 2. MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. a Office toilets 6 Toilets for patrons Number 10 Location Structures adjacent tq z Showers marina. Boat holding tank pumpout Type and locations; ram!-+1 v to s-w-r b. Describe treatment type and disposal location for all sanitary wastewater. Septic tank with ground absorption. c. Describe the disposal of solid waste, fish offal and trash disposal. City of Southport d. How will overboard discharge of sewage from boats be controlled? Pump out station to City o Sout port sewer. e. Give the location and number of "No Sewage Revised 03/95 Discharge" signs proposed. Form DCM-NIP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. .Where will residue from vessel mainte-ante be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. 1 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. Yes - Fuel delivery to bulk fuel above around tanks. j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Marina access angled to increase flushing during low tidal flows. In ad ition, access channel slopes from-8 MSL to-10 MSL at entry. k. What will be the marina policy on overnight and live -board dockage? N/A 1. Is the proposed marina located near any shellfish leases? Yes X No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? No n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery area? Yes X No p. Is the marina proposed within an area open to shellfish harvesting? Yes X No q. Give the location and Available" signs proposed Pfizer Tract number of "Pumpout 2 laid Head Island Direc*or f Planning October 18, 12,95 Daw NOV 15 1995 DIVISION OF COASTAL MANAGEMENT n_. .A mroc DWI:SION Off, COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Bald Head Island, Ltd./Pfizer Tract COUNTY: Brunswick LOCATION OF PROJECT: S. side of NC Hwy 211 (Ferry Rd.) and the Price's Creek Southport/Ft. Fisher terminal, adj to the Cape Fear River, just east of the Southport City limits DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/15/95 FIELD RECON MENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A FIELD REPRESENTATIVE: E. F. Brooks DISTRICT Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH:FEE REC'D: $ - o PUBLIC NOTICE REC'D: �' END OF NOTICE DATE: -,—.\ % Sb ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: p APPLICATION ASSIGNED TO: ON: N 9._ C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: �,� �D�� STATE DUE DATE: FEDERAL DUE DATE: / / 9 - 9 G FED. COMMENTS REC'D: 9 6 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 3 9' (> AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Diet. Office Div. of Community Assistance Land Quality Section Div, of Env. Management 4p i S- 29- 9 4 �. ;zate Property Office Div. of Archives & History I 7z"l-1� Div. of Env. Health 1 ,PC Div. of Highways t Wildlife Resources Commission Div. of Water Resources 1 Div. of Marine Fisheries f ..1 .off TarU-r •Recommendations for State Permit - Bald head Island/Pfizer tract The consistency of the proposed marina project will be based upon the interpretation of the word "significant" in 7H.0208(b)(5)(A)(ii). There are two aspects of the proposed marina which I would consider to present significant adverse impacts. The 750 feet long marina entrance channel will create the loss of 41,000 square feet of vegetated coastal wetlands. Second, the proposed construction of armored jetties to stabilize the marina entrance channel would extend +400 feet into the open water area of the Cape Fear River, and may constitute a hinderance to navigation. It appears that the wetland loss could be substantially decreased with a slight realignment of the marina entrance channel to the east, through the southwest end of the existing spoil area. The reduction in wetland losses would be from 41,000 square feet to approximately 15,000 square feet. The proposed jetties to extend +400 feet into open water certainly present an obstacle to navigation, however, a pier could be permitted to approximately the same distance. I recommend a realignment of the marina entrance channel, approximately 150-200 feet to the west, to minimize wetland impacts. Provided this can be incorporated into the project, I recommend standard upland basin and marina permit conditions, as well as, adequate warning signs, reflectors and/or navigational safety devices. JAY A -' JAN 16 1 A6 .1YM.i�1tl WN1111191We of North Carolina Department of Environment, Health and Natural Resources %'Vilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: December 8, 1995 Zoe D. Bruner, District Planner Division of Coastal Management E:)EHNFi John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FELL Permit Application Review Bald Head Island, Ltd./Pfizer Tract Project Location: South side of NC Hwy 211 (Ferry Rd) and the Price's Creek Southport/Ft. Fisher Ferry terminal, adj to the Cape Fear River, just east of the Southport City limits in Bmnswick Co. Proposed Project: To develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. Please indicate below your office's position or viewpoint on the proposed project and return this form by January 3, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office es of pro ect only if the recommended changes are incorporat ee attached. This office objects to the project for reasons described in the attached comments. GNET� C DATE Z 127 C din Drive Extension, Wilmington, N.C. 28405-3845 Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer A �LTKWIF E:)EHNF=t MEMORANDUM TO: John R. Parker Major Permits Processing Coordinator FROM: Zo6 D. Bruner, DCM District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Bald Head Island Ltd./Pfizer Tract Development of permanent upland ferry/marina/staging area and associated BHI support facilities DATE: December 28, 1995 This permit consistency opinion is based on my review of the Bald Head Island, Ltd. permit application, the Field Investigation Report (EF Brooks, 12/7/95), and my understanding and interpretation of the policies presented in the Brunswick County Land Use Plan and the Ci1y of Southport Land Use Plan. The applicant proposes development of a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance, office and storage space, and parking. The project would disturb approximately 60 upland acres; it would create 53 acres of impervious coverage; channel construction would disturb 1.77 acres of shallow bottom habitat, and would consume 9000 square feet of coastal wetlands and 33,000 square feet of high marsh coastal wetlands and "404" type wetlands. The project includes bulkheads and jetties. The remaining 70+/- acres would be reserved for future development. The location and complete description of the project are in the Field Investigation Report. Brunswick County Land Use Plan: LAND USE CLASSIFICATION: Urban Transition/Conservation CLASSIFICATION DESCRIPTION: Conservation classification includes AEC's identified in 15A NCAC 7H and, ' 2. other similar lands, environmentally significant because of their natural role in the integrity of the coastal region and which include, but are not limited to: bottom land hardwoods, pocosins, swamp forests, areas that are or have a high probability of providing wildlife habitat, forest lands that are essentially undeveloped, and lands which otherwise contain significant productive, natural, scenic, cultural or recreational resources. The application in Brunswick County includes all wetland areas under the jurisdiction of the US Army Corps of Engineers' 404 wetlands Permit Program and critical wildlife areas designated by the State Natural Heritage Program. The Land Use Plan directs the reader to policies in Section 2 of the plan for allowed uses. Bald H , c. r Properly The Urban Transition includes those areas which will be developed for urban purposes during the planning period. These areas must be able to, "support urban development by being generally free of physical limitations and currently served or readily served by urban services." (p.137). Lands which meet the definition of Conservation should not be included in this class(p. 138, #2). The plan further states that, "Although AEC standards occasionally permit Urban Transition type development on a lot by lot basis within various AEC's, this classification should generally not be applied to any AEC." RELATED POLICIES AND IMPLEMENTATION MEASURES: 2.1.2(a) Efforts to protect and preserve the environmental value of coastal wetland AEC's shall be supported. Such protection shall be balanced with the economic and community values of piers, docks, and marinas which serve the public, whether they be publicly or privately owned. 2.1.2(b) Developments and mitigation activities which support the function, cleanliness, salinity, and circulation of estuarine water resources are supported. 2.1.2(c) The community's need for piers and docks, whether publicly or privately owned, shall be tempered by the rights of the public for the free and open use of public trust waters for navigation, shell fishing and other uses. Efforts of State and Federal agencies to limit the length of docks and piers as they projects into estuarine waters (T15A:07H.0208) are especially supported. 2.1.2(d) Brunswick County supports the protection and preservation of its estuarine shorelines, particularly regarding those use standards contained in T15A:07H.0209(e). 2.1.2(g) Brunswick County supports the selective designation of appropriate areas as natural and cultural resource AEC's... 2.1.3(a) Brunswick County will continue to support he efforts of the CAMA program and the U.S.Army Corps of Engineers 404 permitting program to preserve and protect sensitive fresh water swamp and marsh areas. 2.1.3(e) Brunswick County supports the protection of other cultural and historic resource areas (beyond those designated as AEC's) to preserve their cultural, educational and aesthetic values and qualities. 2.1.5(a) Brunswick County supports all state and federal efforts to protect the quality of water in the Cape Fear River, whether such protection involves controls over point source discharges, surface runoff, or inter basin water transfers. 2.1.7 Brunswick County encourages all land use activities to employ effective storm water management practices to protect the quality of the county's streams, rivers, marshes and estuarine systems. 2.1.8(b) Brunswick County encourages environmentally responsible marina development in accordance with all State CAMA standards for AEC's. 2.1.12 Brunswick County supports the development of marina basins in upland sites in accordance with CAMA standards set forth in 15-NCAC 7h.0208(6)(5). 2.1.13 Brunswick County supports state and federal standards which seek to prevent or minimize marsh damage from bulkhead or rip rap installation. The County recognizes, however, that some limited marsh damage may be necessary to provide for otherwise environmentally sound development. CONSISTENCY OPINION: Brunswick County policy addresses the dilemma between development and environmental protection. The policies call for sensitive and careful development of any area of environmental or historic importance. The Pfizer tract contains dense woods adjacent to coastal and "404" wetlands, and documented archeological sites. The site is also located in an "urban transition" area designated for development. Build -out of this tract will provide an economic benefit to the County. It will also force the loss of archeological sites and an area of wildlife habitat and natural water filtration; these features will be replaced with large quantities of impervious surface. Brunswick County policy will support this project if the following conditions are met. All aspects of this project must be consistent with the regulations set forth in 15A NCAC 7H, especially sections .0208 and .0208. Bald Head Bland, r Property 2. All activity within "404" wetlands must be approved by the U.S.Army Corps of Engineers and damage be mitigated where required. "404" wetlands are within the Conservation land classification, and greater scrutiny is called for. 3. Bulkhead and rip rap construction must keep marsh damage to the minimum. 4. Stormwater and Sedimentation and Erosion Control plans must be approved by NC-DEM or their designees and all conditions placed on the project by that division satisfied. 5. The report by Thomas Hargrove of Archaeological Research Consultants, Inc., recommends further study of sites #31BW564 and #31BW571. County policy supports protection of historic sites, so this and recommendations of NC Archives and History should be carefully considered. City of Southport Land Use Plan: LAND USE CLASSIFICATION: Transition Residential/Developed Industrial CLASSIFICATION DESCRIPTION: Urban Transition Residential areas may contain some or all municipal facilities and are to be primarily residential in nature. Development must comply with zoning regulations of the City. Developed Industrial classifications include land owned by existing industries currently operating in the Southport area. Conservation classification includes areas of environmental concern as identified by the CAMA. CONSISTENCY OPINION: The City of Southport land use plan policy supports industrial, commercial, residential and upland marina development which complies with local zoning, and which meets all state and local regulatory requirements. cc: CR Stroud, Jr. EF Brooks R Shaw s:N.AbhacM 90 Hwd Islmd, kc.Mmr Pwperty _btai,i of worm caronna Department of Environment, Health and Natural Resources ::dilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 8, 1995 TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bald Head Island, Ltd./Pfizer Tract dFC t i f99� i Project Location: South side of NC Hwy 211 (Ferry Rd) and the Price's Creek Southport/Ft. Fisher Ferry terminal, adj to the Cape Fear River, just east of the Southport City limits in Brunswick Co. Proposed Project: To develop a marina and operations complex to service Bald Head Island. The facility would include two passenger ferry landings, barge landing, marine maintenance building, office and storage space, and parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 3, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: 6 g s)zy� x SIGNED 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. 127 Cardinal Drive Extension, DATE l Zs—[J� VImin on, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, igealth and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Bald Head Island, Ltd. c/o Dan Weeks P.O. Box 3069 Bald Head Island, NC 28461 Project 4951268 —Brunswick County Dear Mr. Weeks: IDFEE HNF1 January 31, The Division of Environmental Management, Water Quality Section has reviewed your plans for the dredging of 9,000 square feet of wetlands and 110,400 square feet of water located at Pfizer tract near NC 211 in Brunswick county for construction of a ferry landing and associated facilities. Based on this review, we have water quality concerns based on the design of the project.. These concerns are that flushing in the basin (as presently designed) will be impaired and result in violations of water quality standards. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are moving toward denial of your 401 Certification as required by 1,5A NCAC 2B.0109. Until we receive additional information, we are requesting (by copy of this letter) that the N.C. Division of Coastal Management place your project on administrative hold. , Please provide us with information supporting your position that your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you construct your basin by (1) moving the barge loading area toward the spoil area to remove the constriction in the entrance channel and (2) constructing a wooden or concrete breakwater with gaps (rather than jetties) to allow water circulation as well. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of [his information to me and one copy to Mr. Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive, Ext., Wilmington, ITC 28405-3845. I can be reachedat919-733-1786 if you have any questions. Sincerely, ater ater VJR, ey ny Certif ation Program cc: Wilmington DEM Regional Office Wilmington Office Corps of Engineers Central Files John Parker; DCM 951268.nty Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/1 0% post consumer paper To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATION REVIEWER: GREGSO WQ SUPERVISOR: ADKIN DATE: Jamiary 10, WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 95 PERMIT NO.: 951268 COUNTY: Brunswick PROJECT NAME: Bald Head Island, Ltd. / Pfizer Tract PROJECT TYPE: Marina PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: December 11, 1995 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030617 *STREAM OR ADJACENT WATER BODY: Cape Fear River CLASS: SC STREAM INDEX #: 18-W(3.5)*OPEN e-JAN aCEIVEO OR CLOSED: Closed WL IMPACT: Yes WL TYPE: SM 16 IbU6 WL REQUESTED: 0.2 WL ACR EST: Yes IAL CEMENT .. WL SCORE: N/A MITIGATION: No MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A 1! RECOMMENDATION: Other E STORMWA17ER PLAN REQ'D: Yes IF YES, DATE APPROVED: Currently Under Review PROJECT DESCRIPTION: The applicant proposes to develop a marina on the mainland to serve Bald Head Island. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 for projects that are eligible for the COE 291 General Permit. SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Septic tanks or connection to the City of Southport Municipal System. TO BE PERMITTED BY: If Septic tanks Brunswick County will permit, if connected to Southport DEM will Permit. IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: Unknown WATER/WETLAND FILL AREA OF FILL - WATER: 17,100 sq. ft. WETLAND: 9,000 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes 951268.Jan Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: No MARINA SERVICES: Yes OXYGEN IN BASIN: Yes CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) The applicants have avoided 404 fill. However, approximately 9000 sq. ft. of coastal marsh will be excavated as a result of the access channel construction. It appears that the access channel could be shifted 150 ft. to the northeast and avoid approximately half of the marsh excavation although it also appears that this alignment would result in more alterniflora impacts than the current proposal. Vegetation along the proposed channel alignment consists mainly of Phragmites australis and Typha spp.. Although the loss 9000 sq. ft. of coastal wetlands is considered significant, the applicants have chosen a channel alignment with the least impacts to the more regularly flooded species. The proposed concrete sheetpile groin and riprap toe protection will result in approximately 17000 sq. ft of fill below MHW. It will also create an enclosed entrance channel approximately 750' long. This channel would be 150' wide for most of its length but would be only 70' wide at the mouth of the basin to allow for a 80' wide barge landing area. It is DEM's policy to require marinas to use siting and design features, to the maximum extent practicable, which promotes flushing. These features include: locating marinas near inlets, minimizing restrictions in entrance channels by using large openings and by using breakwaters instead of solid structures, and minimizing stagnant areas by using rounded corners and sloping bottoms towards entrance. In order to maximize flushing in the proposed basin it is recommended that the applicants consider a wooden or concrete breakwater with gaps to allow water circulation.. It is suggested that specific conditions contained in T15A: 07H .2105 would be a good starting point. The use of a segmented breakwater instead of a solid groin would also eliminate the need for riprap toe protection. It is also recommended that the barge landing area be moved farther into the existing spoil area to allow the entrance channel to be widened to 150' at this location. By doing so the 80' constriction would be eliminated which should result in improved flushing. Please note that the City of Southport's Wastewater Treatment plant is currently in non- compliance with their NPDES Permit for toxicity limits. Until this matter is resolved, requests for additional connections to the City's sewer system may receive unfavorable comments from this Division. An application for a Coastal Stomtwater Permit has been received and is currently under review by this Office. cc: Central Files Wilmington Regional Office Files DCM-Ed Brooks John Parker NC DEM W6 ENU5CI Fax:919-733-9959 May 29 '96 15:20 P.011101 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Manage Jar -,as B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr. P.E., Direct,.. post-lr Fax Note 7671 Dale paogasF ra From Co.roept co. Phone # p n fax# Ft '# May yY 1996 Brunswick County DEM Project # 951269 COE #199602657 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Dan Weeks Bald Head Island P.O. Box 3069 Bald Head Island, NC 28461 x Dear Mr. Weeks: 1. You have out approval to place fill material and dredge 2.74 acres of wetlands or waters 21 acres of wetlands). for the purpose of constructing a marina and operatior. implex at Pfizer Tract (Nand Southport/Ft. Fisher Ferry terminal), as you described in your rc applicr dated L•. 1 ebruary 1946. After reviewing your application, we have decided that this till is coN by G: 'Water Quality Ceilificetion Numbers 3025 and 2668. This approval is only valid for the purpose and design that you describe your application. If you change your project, you must notify us and you may be required to seed us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. The plan for the shall be altered to remove all 900 angles. The plan for the entrance channel shall bn altered to require foot wide "V-nowhed. wiers" as depicted in your 29 Apnl 1996 letter to Roh Miwl shall he installed at a locations along the breakwater to imicasc circulation in the access channel. The outermost wieis shalt -entered approximately at 250 feet from the main,. Deed resuictions shaL be placed on all remaining ,jurisdictional wetlands to prevent future fill except for unavoidable road crossings and utility corridors. Tn 1a;tion, you should get any other federal, state or local permits before you go ahead with your projec If you do not accept any of the conditions of this certification, you may ask for an adjudicatoty in _ 'i ou must act within 60 days of the dare that you receive this letter. To ask for a hearing, send a w-ur. petition which conform; to Chapter 150B of the North Carolina General Statutes to the Office of Ad= 1,orative Hearings, F.O. Box 27447, Raleigh, N.C. 27611-7447. This certificatiou and it conditions are finial and buidu:g unless you ask for a hearing. This letter completes the review of the Division of Environmmce;al Management under Section 401 of time Clean Water Act If you have any questlnns, please telephone John Doruey at 919-733-1786, Sincere. y, A. Preston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office WiMagkm DEM Regional Office Mr. John Domey Central Files Rob Moul; Land Matagetnent Group John Parker; DCM Envlronmantal Sclencas Branch, 440 ; :oeay Crean Ftl., -` Ar Equal Opportunity Aflirmativa Ac!!C 1 F,,��.�; i 1268.1u :76n7 Talap'none 919-733-n 7n6 FAX u', 33-8856 �:.adf10 % post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. M. Kent Mitchell Bald Head Island, Inc. Post Office Box 3069 Bald Head Island, North Carolina 28461 Dear Mr. Mitchell: [DFEE HNR April 24, 1996 D � � � 1 7� D APR 2!� 1996 DIVISION OF COASTAL MANAGEMENT Subject: Permit No. SW8 951012 Pfizer Marina & Parking Tract High Density Commercial/Residential Stormwater Project Brunswick County The Wilmington Regional Office received the Stormwater Application for the Pfizer Marina & Parking Tract on October 17, 1995, with final information on April 16, 1996. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 951012 dated April 24, 1996, to Bald Head Island, Inc.. This permit shall be effective from the date of issuance until April 24, 2006, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an ajudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, `r Dave Adkins Regional Water Quality Supervisor DA/arl: S:\WQS\STORMWAT\PERMIT\951012.APR cc: Bruce Marek, P.E. Delaney Aycock, Brunswick County Inspections Ed Brooks, CAMA Linda Lewis Wilmington Regional Office Central Files 4 RECEIVED APR 30 1996 GOASIAI MANAGEMENT P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW8 951012 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations N PERMISSION IS HEREBY GRANTED TO Bald Head Island, Inc. Pfizer Marina & Parking Tract APR 2 9 1996 Brunswick County DIVISIC,,. OF COASTAL MANAGEMENT FOR THE construction, operation and maintenance of a Detention Pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Environmental Management and considered a part of this permit. This permit shall be effective from the date of issuance until April 24, 2006 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. Only the detention pond proposed is covered by this permit. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater pond has been designed to handle the runoff from 852,821 square feet of impervious area (portion of Parcel A @14.81 acres; Parcel C @4.37 acres; and road @.39 acres; the remaining Parcels B, D-F and roadways will be submitted separately in the future and runoff will be treated by infiltration. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 i State Stormwater Management Systems Permit No. SW8 951012 DIVISION OF ENVIRONMENTAL MANAGEMENT PROJECT DATA Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: Pond Depth: Permanent Pool Elevation: Pfizer Marina & Parking Tract 951012 Brunswick County Mr. M. Kent Mitchell Bald Head Island, Inc. Post Office Box 3069 Bald Head Island,. North Carolina 28461 October 17, 1995 Southport Restricted Area "SC" 4 feet 12 MSL N D �C��1,71 APR 2 9 1996 D bivisia. OF COASTAL MANAGEMENT Total Impervious Surfaces Allowed: 64.5 acres total (Detention pond 0852,821 square feet) Future 44.62 acres. Remainder Parcel A 07.2 acres; Parcel B 016.9 acres; Parcel D 01.8 acres; Parcel E 04.2 acres; Parcel F @1 acre; Structures: Information Center @.14 acres; Gatehouse @.01 acres; Marine Maintenance @.18 acres; Contractor Ferry Landing @.14 acres; Resident Ferry Landing 0.22 acres; Resident Waiting Area 0.22 acres. Infrastructure: Remaining Roads @10.61 acres; Miscellaneous Pavement 02 acres. Green Area entering Pond: 64,191 square feet Required Surface Area: 74,920 square feet Provided Surface Area: 79,809 square feet Required Storage Volume: 68,585 cubic feet Provided Storage Volume: 86,105 cubic feet Temporary Storage Elevation: 13 MSL Controlling Orifice: . 4" pipe 3 State Stormwater Management Systems Permit No. SW8 951012 4. No property owner/developer shall fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The tract will be limited to the amount of built -upon area indicated in the supporting calculations and per approved plans. 6. Deed restrictions must be recorded prior to the sale of any outparcel, future area or lot shown on the approved plans to ensure that future owners are made aware of the built -upon area limitations. The following statement must be recorded: "To ensure continued compliance with the NCDEM Stormwater Management Permit Regulations, 15A NCAC 2H.1000, outparcel(s) and future areas as shown on the approved plans are limited to 44.62 acres square feet of built -upon area, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking or the water surface of swimming pools." "All built -upon area from the outparcel or future area must be directed into the permitted stormwater control system." "Additional built -upon area will require a permit modification." 7. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 8. The following items will require a modification to the permit: D a. Any revision to the approved plans, regardless of size. APR 2 9 1996 b. Project name change. DIVISIC,,. OF C. Transfer of ownership. COASTAL MANAGEMENT d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 9. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall. submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 4 State Stormwater Management Systems Permit No. SWS 951012 H. SCHEDULE OF COMPLIANCE 1. The permittee will comply with the following schedule for construction and maintenance of the . . stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's intended use prior to the construction of any built -upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in it's entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 3. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEM. The records will indicate the date, activity, name of person performing the work and what actions were taken. 4. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 5. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 6. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of the recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear the stamp of the Register of Deeds. 7. A copy.of the approved plans and specifications shall be maintained PIZ lunm o a minimum of ten years from the date of the completion of construction. U APR 2 9 1996 DIVISIO., OF COASTAL MANAGEMENT 5 State Stormwater Management Systems Permit No. SWS 951012 III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 24th day of April, 1996. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A'-P+esfon Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number SW8 951012 D TOT98VT O i APR 2 9 1996 DIVISI01+ OF :AASTAL MANAGEMENT 0 State Stotmwater Management Systems Permit No. SWS 951012 Pfizer Marina & Parking Tract Stormwater Permit No. SW8 951012 Brunswick County Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specification: Signature Registration Number Date "'D APR 2 9 1996 DIVISI(.',, OF COASTAL MANAGEMENT 7 Land Use Tabulations - Pfizer .Tract Percent of Total Impervious Impervious Parcel Land Use Acres Units Coverage Coverage (Acres) Non -Residential A Resort & Resident Parking 22.0 AC 100% 22.0 AC B Future Development 565 AC 30% 169 AC C Employee & Contractor Parking 4.7 AC 100% 4.7 AC D AdmJ Offices/Whse. & Receiving 3.0 AC 60% 1.8 AC E Future Development 14.0 AC 30% 4.2 AC F Marine Maintenance 1.0 AC 100% 1.0 AC Structures 1 Information Center 0.14 AC (6,400) SF 100% 0.14 AC 2 Gatehouse 0.01 AC (500) SF 100% 0.01 AC 3 Marine Maintenance 0.18 AC (8,000) SF 100% 0.18 AC 4 Employee & Contractor Ferry Landir 0.14 AC (6,400) SF 100% 0.14 AC 5 Resort & Resident Ferry Landing 0.22 AC (10,000) SF 100% 0.22 AC 6 Resort & Resident Waiting Area 0.22 AC 100% 0.22 AC Infrastructure Roadway 11.0 AC 100% 11.0 AC Pavement 2.0 AC 100% 2.0 AC Miscellaneous Wetlands 27.3 AC Open Space 29.4 AC Total 171.8 AC 37.5% 645 AC APR 2 91996 IJ DIVISION OF COASTAL Iv9ANAGEMENT 1 �6E9VE ID OCT 1 ? 1995 U D.EM VRO, � 5W 3 45/olZ D1V=1V1V Vr'XX4VttLuniviru-41'I ivuiivavrlrici,i NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION 11 V1 1. Project Name Pfizer Tract - D 2. Location, directions to project (mciude County, Address, State Road) Attach map. DIVISIO„ OF ' VEMMIT At intersection of SR 1528 and SR 1540 3.Owner'sName Bald Head Island, Limited Phone 910-457-7339 4.Owner'sMaiilin.-Address: P. 0. Box 3069 City Bald Head Island State NC Zip 28461 5.NearestReceivinzStream Cape Fear River Class SC 6.1'roje^description Land based operations for ' day to day activ_ties to and from Bald Head Island for residents, resort guests, employees and cont=actcrs. II. Pv gM1T Itii r OMNUTION 1.P2rIII1tNO.(fobejLecncyDEY!) SGUg�7/G�Z Fee Enclosed S 385.00 2.Pe_=:Type X New Renewal Modincation(edsanQP-_r itNo.?) 3. Projec TvpeX: _Low Density Detention X Infiltration Otber:_ Redevelop General _Dir Cert 4. Ober StaterFeral Permirs/Approvals Reeuire3 (e,eez �oroPr; bcdr) C.A-MA Major X Sedimentation/Erasion Control . g 404 Permit x ..i ZL"T. B'=T UPON ARE. (F.'=e tee Ncie Zrzrws d= .1007fnr gvvE :% de-. iy Zr. a) Drainage Drainage Brenkdown of imm-riious Area Basin Basin (P!—e b,c7_—" below du d=g. !mperdaru vreJ -Residential 692,604 SF (15.9AC) Classincarion SC Buudin&arina 59,800 SF.( 1.3AC) Allowable Impervious Area 51.5 AC Total Project Area 171.8 AC Proposed Impervious Area =64 :5 AC n Impervious Area 37.5 IV. STORMWATER TREATMENT' pereribe how die r ,swim be,reo¢d) Stress 479,160 SF (11, 0AC ) Parldns/SW 1,163.,052 SF (26.7AC) Otte: 4 7 4, 8 0 4 SF (10 Totals_ 2.809 :620SF(64.5AC) 'Grassed swales, infiltration, detention basins and set=ration. V. «. cc: DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required t_be recorded for all low density projec, and al subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorder for the type of project applied for. : By your signature below, you certify tfiat the recorded deed restrictions and protective covenants for this proje.- shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, thatthey will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. 'S CERTIFICATION e �'�� /✓ I7ZH5P'L- certify that the information included on this permit / rr a pnw or rype aurae cu ly) am,licad& farm is correct, that the proje-- will be constructed in conformance with the approved plans, that the deedrestricdons will be recorded with all required permit conditions, and that to the best of my Imowled;p, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorze the below named person or firm to submit stormwa*.er plans on my behalf. October 16, 1! / Owt/'eb/Au�trorize3 Agent Signature add Title Date (MUS 77 BE COMPS —=- ) � 4.24%1� Pe_son or nm name Bruce M2rek, P.E. M"inz Address 241 N 7 rept c*-n� t iSOZ -I99-9Z45 Ci Wilmington State NC Zip 2840g3 Phone °"�44-8 Please submit form to the Regional Once that serves the area that the project is located, as indicated on A bment B. Appiicant/WiRO//Central Files APR 2 9 1996 DIVISIC OF OZTAL-MANAGEMENT M O�ffce use. oni;,7 it1 ��1 :?vS d� Y DD OCT 1 71995 >PROJ #_S? RSIoI Z JAegE R TO VVN RD FONDALE z � A O A IN to v 0 PARK AVE. STUAR T SI TE j / Z W �Z cr �5 a s� O Q� v� VICINITY MAP I APR 1 'D IM INFILTRATION POND MAINTENANCE -u l-75[nyZ _-- Project Name: Pfizer Tract Responsible Party Name: Bald Head Island Limited Address: P.-O. Box 3069 Southport. Nr 2R461 PhoneNo:910-457-7339 After every runoff producing rainfall event, or at least monthly, whichever comes first: 1. Inspect the infiltration pond(s) for erosion, trash accumulation, grass coverage, and general condition of the facility. 2. Repair eroded areas immediately, re -seed as necessary, keep side slopes and bottom mowed, and remove trash. 3. Check any inlet piping, swales and catch basins. Repair broken piping, reseed swales, and remove trash. 4. Inspect the bypass/overflow structure for blockage and deterioration. Remove blockage and repair structure to originally approved design specifications. 5. Check the depth of the pond(s) every six months. If siltation has occurred to the point that only 75 % of the original design depth is provided, remove the excess silt to the original depth. Do not over -excavate, as this may cause the required water table separation to be reduced, and may affect the ability of the system to perform as designed. I, M. Kent Mitchell agree to be responsible for performing the maintenance items as listed above for this project. I agree to notify NCDEM of any problems with the system, or ch/anges in%e�name of the project, name of the responsible party, or address. Signature Date 4k a Notary Public in the County of &v*,� State of tzi Q,,t/, 0&� do hereby certify by my signature below, that M . Ke.n7 17 a // personally appeared before me this kYA- day of , 19 cam, and acknowledge the due executionofo/nn o/f the foregoing instrument. Witness my seaal% and signature, / My commission expires 3,/ob LV APR 2 9 1996 oiviSw,� OF COASTAL MANAGEMEO 01-t':•r••- — Cc!na+lssfan ExPhEs-�Ji+f�- Pfizer Tract, Southport, NC DEHNER # SW8-951012 OPERATIONS AND MAINTENANCE PLAN STORMWATER MANAGEMENT FOR: BALD HEAD ISLAND PLANNING DEPARTMENT PFIZER TRACT MARINA/PARKING FACILITY STATE ROAD 1540, SOUTHPORT, NC L WET DETENTION BASIN Page 1 of 2 pages. E C E I V E APR 161996 D E M PROJ # 1. Vegetation: Vegetation for stabilization of side slopes shall be a hearty ground cover such as the following: Tall Fescue, Bermuda Grass, Pensacola Bahiagrass, or Reed Canary Grass. All of these are well suited for flooding tolerance and waterways and channels. The bahiagrass is excellent for sandy sites. The others spread by rootstocks making a well anchored and stable ground covering. Developer/developer's landscape planner may use other suitable local vegetation. Grassing of all disturbed areas to be completed as soon as practical after completion of grading. In any event, ground cover to be established within 30 days time period. 2. Fencing: Fencing around the wet retention basin shall be at the option of the developer. Any fencing provided shall be of suitable quality and height for the purpose of safety, with sufficiently sized gates that will allow machinery/trucks access for mowing and sedimentation removal. 3. Vector Control: Developer shall coordinate with the Brunswick County Health Department for vector control considerations. 4. Detention/Retention Outlet Systems: Outlet structures for detention/retention basins shall be provided with suitable foundation and support. Pipe systems shall be bedded as required or other suitable support provided. Outlet structures shall be properly anchored to prevent flotation. 5. Maintenance: As a minimum, the following maintenance items shall be performed for the Pond: a. Grassing around the detention/retention facility shall be maintained to prevent the erosion of these areas. The areas shall be periodically mowed to maintain the site and to prevent reduction in the capacity of the stormwater system. Grass on slopes should not exceed a height of 15". b. Landscaping of the area around the detention/retention facility shall be such that it does not reduce the capacity nor hinder operations & maintenance of the stormwater system. c. The detention/retention facility shall be maintained at the design depth. The pond shall be inspected on a regular basis and cleaning of accumulated debris will be nececssary if 1. the primary outlet capacity is impaired and/or 2. the pond or forebay volume is reduced by 25% of the design volume. d. The system shall be routinely checked for accumulation of debris and the detention/ retention facility outlet structure cleared of any blockage that is present. e. Repair of erosion or other damage shall take place in a reasonable period of time. f. A log shall be kept indicating the date of at minimum a semi-annual inspection of the pond and stormwater system. Owner/Authorized Agent DIVISIOw OF Prepared by: Bruce Marek, P.E. Rev. 4/8/96 COASTAL MANAGEMENT Pfizer Tract, Southport, NC DEFIER # SW8-951012 OPERATIONS AND MAINTENANCE PLAN Page 2 of 2 pages. STORMWATER MANAGEMENT II. SWALES, CULVERTS, CATCH BASINS, UNDERGROUND SAND FILTERS 1. In order for the stormwater management system to work properly at all times, it will be necessary to maintain all elements of the system. A system includes open channels, catch basins, pipes, ponds, outlet controls, etc. Especially important are vegetative lined systems and silt or debris retaining devices. In order for the system to operate in the correct manner periodic maintenance will be required. Any swales/ponds used for sedimentation control during construction are to be returned to design configuration at completion of construction. 2. Maintenance: As a minimum, the following maintenance items shall be performed for the Pond: a. Open ditches (swales) shall be kept free of undesirable growth and mowed or maintained to the design cross-section and area. Growth on slopes and bottom of swales " should not exceed a height of 8". Grasses to be same as per page 1, #1. Vegetation. b. Infiltration swales and sand filters shall be checked for excessive buildup of sediment which could impair infiltration rate. Cleaning/repair is required if infiltration is slowed to design allowables. c. The swales shall be routinely checked for accumulation of debris and should be cleared of any blockage that is present. Swale side slopes should be checked for erosion after run-off producing rainfall events. Additional riprap protection/stabilization, concrete lined swales, or catch basins with pipe outlet to retention pond should be considered for any drainage swales experiencing high flows/ repeated erosion. d. Storm drainage pipes and culverts shall be periodically inspected for debris and sand build-up. They shall be cleaned as necessary to provide for the free conveyance of stormwater as designed. e. Repair of erosion or other damage shall take place in a reasonable period of time. f A log shall be kept indicating the date of at minimum a semi-annual inspeq15eTM E��� O stormwater system. M. GENERAL NOTES: APR 2 9 1996 1. An acceptable entity shall be responsible for maintenance of the stormwater DIV1S10'1 OF management system. If the entity is a private corporation or a governmentalaa-4 i!eYANAGEMENT proof shall be supplied in an appropriate form that the entity will operate and maintain the facilities. The property owner/developer is acceptable if the property is retained and operated by the owner. 2. If a property owner's association is proposed for this or future development phases, and the association is responsible for some or all of the site stormwater management, then the organization shall be created with the ability to accept future phases into the organization in order to ensure the continued operation and maintenance of the stormwater management foi Owner/Authorized Agent Prepared by: Bruce Marek, P.E. Rev. 4/8/96 sk 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 December 19. 1995 MEMORANDUM ,` • IDFEE HNF1 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: Bald Head Island, Ltd./Pfizer Tract PROJECT LOCATION: S. side of Hwy 211 & the Prices Crk. Southport/Ft. Fisher Ferry , Terminal, Brunswick Co. ROPOSED PROJECT: To develop a marina and operations comples. Please indicate below your agency's position or viewpoint on the proposed and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed _z Date9— P.O. Box 27687, Rdelgh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr. Major Permits Processing FROM: Bennett Wynne 1141 Habitat Conservation Program DATE: January 15, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Bald Head Island, Ltd./Pfizer Tract, south side of Hwy 211 adjacent to the Ft. Fisher Ferry Terminal, near Southport, Brunswick County, North Carolina. The Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on January 5, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to develop a marina, ferry landing and operations complex on a tract of approximately 100 acres adjacent to the Cape Fear River near Southport. The complex is to replace Bald Head Island's existing facility at Indigo Plantation in Southport. A 4.5 acre marina is to be excavated from highground and connected to the river by a 150 ft. wide by 750 ft. long access channel. Access channel bulkheads are to have low profiles allowing overflow of water where the channel cuts through wetlands. Jetties would extend about 420 ft. from the mouth of the access channel into the open water of the river. A pedestrian bridge is planned to cross wetlands and connect the marina to residential areas. In addition to various buildings, a 22 acre general parking lot, 4.7 acre service parking lot, 3 acre administrative/warehouse site, and 1 acre marine maintenance site would be constructed. The remaining acreage is to be developed at a later date. The property is mostly wooded with a mixture of hardwoods and pine. Coastal wetlands form a border along the river 200 ft. to 400 ft. in width. Based on project workplats, coastal wetlands transition to 404 wetlands landward of the river. Isolated pockets of 404 wetlands also occur on the site. Area waters are classified SC, SC Sw, and are closed to shellfishing. The applicant appears to have accommodated wetlands in designing the project and has avoided a number of potential adverse impacts. Still, approximately 1.0 acre of wetlands would be excavated for the access channel. The channel would also impact 1.8 acres of shallow water habitat. Erosion during construction and stormwater runoff from impervious surfaces may degrade area water quality. Extensive use of septic tanks and fuel or waste spillage at the marine maintenance site could also contribute to water quality decline. Dredging the earthen plug separating the marina basin from the river would elevate turbidity and could induce mortality of estuarine organisms if done during a period of peak biological activity. The pedestrian bridge would shade an unspecified quantity of wetlands. Jetties associated with the access channel may be a hazard to night ' navigation. Finally, future development stimulated by the project would be expected to produce cumulative impacts to wetlands and water quality. Based on these concerns, we make the following recommendations: 1. Implement approved erosion control and stormwater \ management plans. This should include maintenance of a �v6 50 ft. wide natural vegetation buffer between development and wetlands. V _ 2. Provide fuel and waste spillage protection around the 1 acre marine maintenance site to protect surface waters in the event of a spill. 3. Avoid excavating the earthen plug between the marina basin and river from April 1 to September 30, a period of peak biological activity. 4. Limit the pedestrian bridge to a width of 6 ft. and elevate decking a minimum of 4 ft. off the marsh floor to minimize effects of shading. 5. Place lights at the ends of the jetties to enhance night visibility. Thank you for the opportunity to comment on this project. If you need to discuss these comments or need additional assistance, please call me at (919) 522-9736. cc: William Wescott, Coastal HabCon Coordinator s:\boatfish\habcon\coast\d4 (baldhead.doc) L 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 December 19, 1995 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History p HN .l NE EIVEO JAN 23 1996 Wtuiat MANAGEMENT FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FELL Permit Application Review APPLICANT: Bald Head Island, Ltd./Prizer Tract PROJECT LOCATION: S. side of Hwy. 211 & the Prices Crk. Southport/Ft. Fisher Ferry Terminal, Brunswick Co. PROPOSED PROJECT: To develop a marina and operations complex. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to attached comments. Signed 7L"O, Z, the project for reasons described in the 9-733-2293 FAX P.O. Box n Egua7OR Portuunity Affirmative Action Employer T �hO Yeled/ 10%post consume9pape3 7495 North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 18, 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��(�C�J Deputy State Historic Preservation Officer SUBJECT: Bald Head Island, Ltd./Pfizer Tract, develop marina and operations complex, Pfizer Tract, Deep Water Point, Brunswick County, ER 96-8055 Division of Archives and History Jeffrey J. Crow, Director We have reviewed the above permit application and would like to comment. The upland areas of the Pfizer Tract were surveyed by Archaeological Research Consultants, Inc. (ARC), Thomas Hargrove, principal investigator. During the course of the survey two historic and seven prehistoric sites were located. ARC has recommended that additional archaeological testing be conducted at sites 31 BW564** and 31 BW571. ARC recommends that no additional archaeological investigations be conducted at the remaining seven site, 31 BW563 * *, 31 BW565, 31 BW566, 31 BW567, 31 BW568, 31 BW569, and 31 BW570. We concur with these recommendations. If the sites are determined eligible for listing in the National Register of Historic Places, avoidance or data recovery will be necessary. The waters of the Cape Fear River adjacent to the Pfizer Tract were surveyed in 1993 during the Cape Fear River comprehensive survey, a cooperative investigation conducted by the Historic Preservation Office's Underwater Archaeology Unit and the U.S. Army Corps of Engineers. Although several magnetic anomalies were detected in the vicinity of the proposed access channel, side -scan sonar imagery revealed that the anomalies were caused by abandoned dredge pipe and wire cable. We, therefore, recommend that no underwater archaeological investigations be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. � 109 East Jones Street • Raleigh, North Carolina 27601-2807 ga Division of Coastal Management Application Processing Notes Applicant: � g, \4, Deadline: Date/Time: Message: cAt Division of Coastal Management P q o - 4 s') --12z o Application Processing Processing Notes Applicant:. Deadline: Date/Time: Message: w �.: _ �i S — ^�y�p Z 1A --A 4 v 4 - UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS Print your name, address and 21P Code In the space below. • Complete It... t, 2, 3, and 4 on the reverse. • Attach to front of article R apace permits, otherwise affix to beck of article, • Endorse article "Return Receipt Requested" adjacent to number. i P 19 r I IIU11 ONQ U'E1.RE NOV 15 1995 DIVISION vF PENALTY FOR PRIVATE COASTAL MANAGEMENT usE, saoo RETURN Print Sender's name, address, and ZIP Code In the space below. TO t✓gt^0 ��FrkU�S�ANil - LA,y,✓r�N(v P a aok 30�9 6A 4 A.n.o nee lilt fill •SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will rovide ou the name of the person delivered to and the date of delivery. Fore rt one Tees The o owing serwces ere avai a e, Consult postmaster Tor Teas and c ec; ox e9 for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (fxrm charge) (Extra dwW) 3. Article Addressed to: 4. Article Number /�J% rf E �ItSL L�l 40 %36 5 Type of Service: ❑ Registered ❑ Insured CSI� O X ENSURY ❑Certified o �mu xprsss Mail B eturn Receippt for Merchan0ise btain signature of addresses �Fl L E i f0 H N� �r d or nt nd DATE DELIVERED. 5. Signature —,Address7�*d,ea's Address (ONLY ifX and fee paid) 8. nt X. Date of Delivery PS Form 3811, Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICES �. �. OFFICIAL BUSINESS "I TM .w Nov 15 1995 uo DIVISION OF PENALTY FOR PRIVATE OASTAL MANAGE MENTUSE, 4300 RETURN Print Sender's name, address, and ZIP Code in the space below. To » �Fll.D �EA.D �S�lltilD'7"�f1NN�NC� Joe ,Qo X &u� TsL-al✓4) 4qf ilr►,i►,r►rr►L►,nr,,,rmtrru►r,di,rrnl,rinlliril,i,rl►� •SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide ou the name df the Person delivered to and the date of delivery: Fora inone Tees t a o owing services are avel a a. onsu t postmaster or fees an check ox es for additional servicelsl requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Evm charge) (Extm charge) 3. Article Addressed to: 4. Artic Number fIReKE �1 R 00 ErI 91a 9 3(� 5/3 Type of Service: �1JA f✓/'E D O X / , Y/7D El Registered ❑ Insured ❑ Certified ❑� �D T J p /L G a� , rl ❑Express Mail �(�'for Iva Receipt for Merchandise Always obtain signature of addresses or agent and DATE DELIVERED. 5. Signature — Address B. Addressee's Address (ONLY if X requested and fee paid) 6. Signs e — Ag n 7. Date of o ery OCT 2 3 M5 PS Form 3811, Mar, 1988 6 U.8.6.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE '? OFFICIAL BUSINESS '� Print your name, address and ZIP In the specs below. `_. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article R specs permits, otherwise affix to beck of article. • Endorse article "Return Receipt Requested" adjacent to number. D_ i NOV 15 1995 u DIVISION vF —� COASTAL MANAGE PENALTY FOR PRIVATE MENT USE, $300 RETURN Print Sender's name, address, and ZIP Code in the space below. TO %�9�d ��cr4�.�5LhA,(D-I�LHNnlr�6 �} >li� f�ALkly Q lV o��"f�D •SENDER: Complete items 1 and 2 when additional services are desired, and complete 3 and 4, Pct your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent card from being returned to you. The return recei t fee will rovide you the n e o1 the person deli to and the date Of deliver .Fore itione ees t e o owing services are eve a e: onsu t post to Tor ees an c tec c Ox es for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: I JA 5 /I�RPL 4. Article Number ID 40 3( Si/ Type of Service: hi L yn.�/] p �70X /d5`f0 ❑ Registered ❑ Inau d El Certified ❑C ! C H O R7_ A/ /f 2 (�4/ _ / Y ly 0 Y� n ❑ Exprea9 Mail UY"eturn Receipt for MerchenOiso Always obtain signature of addressee d d 1) T r or agent and DATE DELIVERED. 5. ig a e —Address X 8. Addresse ((��j1 a (ONLY if ragas' )eenT fn 7QC iV GS � 6. Signature — Agent X 7. Date of Delivery�� items this I eared mes r PS Form 3811, Mar. 1988 a U.S.O.P.O. 1988-212-865 DONMESTfC RETURN RECEIPT . �•JIM 4� ' #:�,; .. �: l ' � fit. :aYi►�; �,:. �Si ... I'. y �ts r" i._ 7 i w _, .