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HomeMy WebLinkAbout117-05 Lee, Olga B. FPermitss Permit Number 117-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ��111it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Olga B. Lee, 9044 NC Hwy 32 North, Washington,NC,27889 Authorizing development in Beaufort County at Pamlico River, Lot#3 at Kilby Island off SR 1749. Bath , as requested in the permittee's application dated 3/22/05 (MP-1 and MP-41 and 4/4/05 (MP-2), including the attached workplan drawings (3), dated 4/6/05 This permit, issued on July 15,2005 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The authorized alignment of the bulkhead shall be constructed in a straight line between the corners of the two adjacent bulkheads. 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. See attached sheets for Additional Conditions r This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department --- personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Chdrres S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee •W+:O- X �T}]i.*OKti`•-}u�}p.�}C}6.}h•}} `LC-040}4Jkh'-0-0-0-00 ..}b.4 YriG4h ti•{.p.C�iri}y'K�i:d.-.`•} Olga B. Lee Permit# 117-05 Page 2 of 3 � ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation shall be permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit shall not authorize any excavation waterward of the approved alignment. 5) The backfill material shall be clean and free of any pollutants except in trace quantities. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. y x A 8) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. x Pier 9) This permit authorizes only the 6 ft. x 100 ft. pier, and the 12 ft. x 16 ft. platform, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application and attached workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this pier without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 10) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. z 11) No attempt shall 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. 12) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 13) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if she abandons the permitted activity without having it transferred to a third party. .t •S�+k'?M•4P?}..'•-0PIt4}py�-0PO4P4PPK�'QPOM�4449t A-})-}cP+`i}ptWOG01rtP0-PJCO0+47+NaCt?4-0ti��:-XvW4ThJhK-0.Oa`9r'•4{-04Kh`ti�CJ-0PY}h44�ti144�Y:.tiK-�ihti'GM+'G r rr,osc.�. Olga B. Lee Permit# 117-05 Page 3 of 3 ADDITIONAL CONDITIONS 14) This permit does not authorize the interference with any existing or proposed Federal project, and Ithepermittee shall not be entitled to compensation for damage to the authorized structure or work, or injwhich may be caused from existing or future operations undertaken by the United States in the pu interest. 15) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 16) This permit does not authorize the creation of any permanent boat slips. The addition of tie-downs, pilings, or boat slips will require modification of this permit. Contact a DCM representative at (252) 946-6481 to request this authorization. General 17) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No . claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 18) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that the rules of the Environmental Management Commission prohibit many non-water dependent activities within 50 feet of the normal water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 05- 0820. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510977 �W).pr}p4rr}p.}}}};.<*NJ?OK4}OC� OP404W:�.K�OtiyM6hh`OOh4�\i0htif�h`ytih\}Jti1`4t'P.ti A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 18,2005 Ms. Olga B.Lee 9044 NC Hwy 32 North Washington,NC 27889 Dear Ms. Lee: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. 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. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, 69VII& Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Olga B. Lee 2. LOCATION OF PROJECT SITE: Off SR1749 at Lot# 3 in Kilby Island, adjacent to the Pamlico River near the Town of Bath, in Beaufort County,NC. Photo Index 2000: 102-1284 N9 1995: 102-1101 N6 State Plane Coordinates - X: 2,659,850 Y: 619,150 GPS Rover File#no signal USGS Quad: Bath 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—4 May 2005 Was Applicant Present—no 5. PROCESSING PROCEDURE: Application Received—3 May 2005 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Limited Transition (B) AEC(s) Involved: EW, ES, PTS, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—septic tanks and drain field. Planned -N/A (F) Type of Structures: Existing—remnants of a bulkhead and remnants of 2 wooden groins. Planned - 85' of bulkhead with an average distance of-13 t-*!r'waterward of the NWL and a maximum distance of;-5`waterward of the NWL; 6' X 100' pier with 12' X 16' T-head, 2,7) (F) Estimated Annual Rate of Erosion: 2' Source—provided by the applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B)Non-Vegetated Wetlands ±1,275 square ±792 square feet River bottom feet shaded (C) Other (D) Total Area Disturbed: ±2,067 square feet (E) Primary Nursery Area: No (F) Water Classification: SC,NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Olga B. Lee Beaufort County Project Setting The project area is located Off of SR1749, at lot#3 in Kilby Island, adjacent to the Pamlico River, near the Town of Bath in Beaufort County North Carolina. The Pamlico River along the project site is an estuarine water body classified as SC/NSW by the North Carolina Environmental Management Commission. Historically, there has been a bulkhead on lot#3 that was destroyed by repeated storms. Since that time the shoreline has eroded aggressively and has advanced landward±21' from the alignment of the existing bulkheads on the adjacent properties. The applicant proposes to reclaim the eroded portion of the lot and bulkhead the shoreline. Existing structures on the project site consist of the remnants of a bulkhead and the remnants of two wooden groins. Lot#3 has not been developed and at present is vegetated with a mix of Loblolly Pines, Eastern Red Cedars, Bald Cypress, lawn grasses and other indigenous herbaceous ground cover. Seasonal conditions limit the evaluation of submerged aquatic vegetation on the project site at this time. However, historical knowledge provided by staff and evidence seen on the 1995 aerial photograph of the area indicates that significant beds of Valisenaria sp. are present in the vicinity of the project site during the growing season but not in the immediate area of the actively eroding shoreline between the adjacent bulkheads. The property is bordered to the west and east by single-family homes with bulkheaded shorelines. Existing structures on the adjacent properties include a pier on the western lot and the remains of a pier on the lot to the east. Project Description The applicant proposes to bulkhead and backfill±85' of shoreline on the same alignment as the upstream and downstream neighbors existing bulkheads. This alignment will place the bulkhead on average±21.0' waterward of the NWL with a maximum distance of±28' waterward of the NWL. The applicant also intends to construct a±6' X ±100' pier with a±12' X±16' T-head for a total length of±112'. Anticipated Impacts The construction of the bulkhead and backfill will result in the filling of ±1275 square feet of river bottom. The construction of the pier and T-head will result in the shading of±792 square feet of river bottom. The project as proposed will result in localized, short term,turbidity as a result of the construction activities. F�rxr� DCM-MP-1 LICATION A- pP (To be compleied by s11 applicants) , b, City, to n, community or landmark 1, APPLICANT c, Street address or secondary road number I-CA -* 3 .c;,c k'.1 h is fit:n� .��� s Q I'74` a, Landowner: d. Is proposed work within city Limits or planning jurisdiction? —Yes. `�-No Name Address e, Name of body of Ovate ar neest project (e.g. river, �� -creek,-So und;bay _ _.. City 'nG�� State N W Zip Day Phone as •R�(o,535`1 3. DESCRI 'iZON AND PLANNED USE Fax OF PROPOSED PROJECT b, Authorized Agent' a. List all development activities you propose (e.g. Name building ahome, motel, marina, bulkhead, pier, and ex c vation and/or filling activities," ec1A Address s�r u City State. Zip Day Phone b, Is the proposed activity main ten ce of an ezistir; project, new work, or both? Fax c. Will the project be for public,private or commercia cr1�- c, Project name (if any) d. Give a brief description of purpose, use, methods c construction and daily operations of propose project. If more space is needed, please atzac 'VOTE: Permit will be {rived in name of lm,dowrur(s), m+d/or additional pages. �Z T ��,<.< < S `��% project mame. recl(.. LOUTION OF PROPOSED r%� vT-�--(l ar►-rF'4arrP«��, PROJECT • Re•rtsed fl3/45 ' 6 Form DCM-MP-1 M. Describe existing wastewater treatment facilities. 4. LAND AND WATER : 5� s ep� OkARACTERISTICS $ S X' } `�u a. Describe location .and type of discharges to waters a, Size of entire tract- of the state, (For example, surface runoff, sanitary wastewater, industriWcommercial effluent, "wash b. Size.of individual lots) Sim�- dawn" and residential discharges.) :curia r z— C. Approximatea elevation of tract, above MHW or runo NWL o'. Describe exi ting drinking water supply source, _ d,-- .Soil type,(s) ar�d textures)-of.tract_- _ _ ._ _- - _ _ _ - _.. __. �n._.�_.�. �_ LA6�-e-,-I 1 S ar a �,n �� ��r�s' �:��t�rees e, ye etation on tract T �______ f, Man-made fe-atures now on tract �' �- 5� ADDITIONAL INFORMATION g, What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Czms4 the jow11and use Pam•) following items must be submitted. Conservation _.�. 'Transitional ® A copy of the deed (with state application only) or Developed Community other instrument under which the applicant claims title Rural Other to the affected properties, If the applicant is not claiming to be the owner of said property, then h, How is �h a tract zoned by local government? 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, i, Is thepro os.ed project consistent with the applicable zoning? �Yes - No 6 An accurate, dated work plat (including plan view (Attach zoning CorrFliartet eer-ifircte, �f�PPlieabLeJ - — an o enrPi o ;n ei w t r�fa in hl?rk __ _�__.__..._.___. _ —._....�-C:fl,S-,,..,y�.fl8..1•-dS&5tJ•...gfi�-..f�.,L'-.O-S��•._ j, Has a professional archaeological assessment been ink -on nou9res fc2 by 11'sianwhite pap J.' 03(Refer for done for the tract? —yes ''� No Coast if yes, by whom? _ _ _ detailed description.) PIease note that original drawings are preferred and k, Is the project located in a National Registered only high qualitycopies will be accepted. Blue-line Historic District or does it involve a National Register listed or eligible property7 pr'm or rtier lrger plats are acceptable only if an adequate number of quality copies are provided by Yes =No applicant, (Contact the U.S, Army Corps of 1, Are there wetlands on the site? ___.-Yes ✓No Engineers regarding that agency's use of larger Cgastal (marsh) _____ Other ______._ drawings.) A site or location rasp is a part of plat requirements and it must be, sufficiently detailed to If yes, has a delineation ben conducted, guide agency personnel unfamiliar with the area to the (�ittach docscrrenranon, if evrslabLe) . Reri�d 0315-: Farm DCM-NIP-1 site. Include highway or secondary road (SR) 6 CERTI ICA'I`ION PERMISSI' . numbers, landmarks, and the like. TO ENTER 4N LAND • A Stormwater Certification, if one is necessary. I understand that any permit issued in response to 4 A list of the names and complete addresses of the application will allow only the development describe adjacent waterfront (riparian) landowners and the application. The project will be subject to condi, signed return receipts as proof that such owners and restrictions contained In the permit. have received a copy of the application and plats by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the pro; that they have 30 days in which to submit comments activity complies with the State of North Carol on the proposed project to the Division of Coastal approved Coastal Management Program and wi Management. Upon signing this form, the app conducted ln'a manner consistent with such progra further Certifies that such notice has been prove • C�-,�,.-l« � �� ��-� I certify that I am authorized to grant, and do in Name __Dc d� , �r. :„u,yt,, t grant permission to representatives of state and fe Address fc5�" /24, �- j Z,7,s.3,/ review ageacles to enter on the aforementioned Ian Phone _ connection with evaluating information related tc L Slz� h;i 1 permit application and .follow-up monitoring o Name project. Address �ti ��JI.a.YI /�.�i�%,,•� n Z a Phone I further certify that the information "provided i Name application is truthful to the best of my knowledg Address Phone Thisthe* -1 dayof • A list of previous state or federal permits issued for work on the project tract. include permit numbers, Print Narne permittee, and issuing dates , , . Signature jlcsdawner or Authorized Agent Please indicate attachments pertaining to your Pr A check for $250 $:400/$475 made proj --- -" payable to the Department of Environment & Natural Resources (NCDENR) to cover the ✓DCM MP-2 Excavation and Fill Informat costs of processing the application. DCM MP-3 Upland Development DCM MP-4 Structures Information A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development 0 A Statement of compliance with the N.C. NOTE Please sign and date each attaclvw Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each j 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 400 copies of this public document were prLnted at a total cost of$52,49 or $ .13 per copy. Rerised 0319� Form DCM-MP-2 ]EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major e , 1 Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION „1� 4 other sections of the Joint Application that relate to this - - o os ed-proj ect-_---- -- -- -----._ __.___._ __._ -A-- -- ln P a. Amount o�matecial-to 6e excava ed-ffog►`bzlow - Describe below the purpose of proposed excavation or IvIHW or NWL in cubic yards C�fj i= fill activities. A11 values to be given In feet. b. Type of material to be excavated Average Fuel ExM�V PrOled c. Does the area to be excavated Include coastal LA°�a Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes `, No channel (MLw) or (NWL) d. 13ighground excavation In cubic yards G N E Canal -2.. DISPOSAL OF' E)KCAVATEID Boat MATERI Alf. N I A basin a. Location of disposal area t� Boat ramp b. Dimensions of disposal area Rack W , �• y. groin c. Do you claim title to disposal area? Yes No Rock 'r ;: Y if.no, attach a letter granting permission from the breakwater ;'. : owner. d. Will a disposal area be available for future C}ther maintenance? A Yes No (Excluding if yes, where? ^ - �ho reline etabil'usdon) RerLsed 03/95 Form DCM-MP•Z ' e, Does the disposal area include 7 coastal wet ands if yes, Amount of mat rld to be plaead in the (marsh), SAVs cc water A Yes �� N0 (2) Dimensions of fill area f, Does the disposal Include any area In the water? (g) purpose of fiiE _ Yes No b. WilI fill material be placed In coastal wetlands (marsh), SAVs or othgr vetlands? 3, SHURELLNE STABILIZATION Yes __/ No If yes, fill area a, Type of.shoreiine stabilizatio Riprap (1) Dimensions of Bulkhead (2) purpose of fill b. Length { 5 c. Average distar+ce�aaterward of MHW or NWL 4 5, GENERAL d. Maximum dish water-ward of M>`iW or NWL a. How will excavated or fill'rMatedal-be ke t on,site Shoreline erosion during preceding 12 months and erosion Controlled? 6reae. 424r Sew t� e. Shy +� 5'r f C'r°19Cr. 7 (Source of irnfomwticn) e of bulkhead or riprap material I ��'�''{�' f, Type b, What type of construction equipment will be used Lune '"r (for example, dragline, //backhoe, or hydraulic : g, Amount of fill in cubic yards to be placed below dredge)7I JC L o�!=,. Du //�o=r'� C water level (1) Riprap �q s (2) Bulkhead backfill 41, 7 c. Will wetlands be crossed, in transporting equipment' c� _ project 1 h. Type of fill material 1� ,r f �+n S c n c If yes, explain steps that will be taken to lessen environmental Impacts. 1, Source of fill material t��c ct Le 4. OTHER FILL ACTIYI'I'IES N ) �,oQ i o P"Ied Nl�x (Excluding Shoreline Stabilization) f S(gnature a, Will fill material be brought to site? L���'ti LA Y% No Day ReY15ed 03/91 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys I V IA Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial _Community._._Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/o Pier Js (1) _ Commercial _Community'Private (2) Number I (3) Length (4) Width of water body- --(4) Width - (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes ✓� No shoreline (i) Number P/A (ii) Length N JA f. Mooring structure (boatlift, mooring pilings, etc.)/�,r�t� (iii) Width N�A (1) Commercial _Community_Private ,, (6) Platform(s) Yes No (2) Number (i) Number 1 (3) Length (ii) Length l (4) Width (iii.) Width I U (7) Number of slips proposed N/T_ g. Other (Give complete desviprion) (8) Proximity of structure to adjacent riparian NI A property lines (9) Width of water body in' /e 5 (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) AI (1) Commercial Private (2) Length (3) Width Applicant orIP6iect Name c. Groin (e.g. wood, sheetpile, etc.) NIA Signature (1) Number (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) IV (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximurn distance beyond MHW, NWL or wetlands .�.. lea m I i co v e r/D ecK 4-� prop esed Ercsi proper� 00L e,rtj y` y 1 r7 �-- Cv -- 5 o+ "0 5ca1� P We iA C-Ac1 4 4, :_o C, �---- Nye r'��e N--,J L 2X1D 4X6 jAovtzvnkil Crocs,l C-l�P. 1-,,A, Leh ; u6 d 34tv Waits ��I'1' u►.�h 1, t X � A ri d bu�t�he� / CA OL i E rx �i�W hot dipped ��.Gx6 decking gnly, timber bolts O O 2x8 stringers with alternating Joints to make Cont. bean plywoo x8 ledger 3' 2x4 stringer anchor nailed cling min. 8' butt x 16' with 6 12d hot dipped treated 2.5 cca. galy. nulls normal water level _ bottom ®I`21a B. lee- �k'e-(- C.ro ss-.se ga, 4 - 6 -- 09 fF Lee DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD, A) APPLICANT: Olga B. Lee County: Bert LOCATION OF PROJECT: Off SR 1749, at Lot#3 in Kilby Island,`9djacent to the Pamlico River, near the Town of Bath, in Beaufort County. r DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3 May 2005 FIELD RECOMMENDATION: ATTACHED • CONSISTENCY DETERMINATION: \. . FIELD REPRESENTATIVE: Mike S. Thomas DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400�-'tl'flo/V/ PUBLIC NOTICE REC'D: 05I/2105 ;/ ✓ END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: W ti„x ON: C) 75 DAY DEADLINE: e�//c,,5 150 DAY DEADLINE: 02432/45 MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management- Regional representative 5- z310<- Coastal Management- LUP Consistency Determination 6/� Division of Community Assistance Land Quality Section j 1 t g 10 S Division of Water Quality Storm Water Management (DWQ) State Property Office 511 g(os' Division of Archives & History r g�os� ✓ Division of Environmental Health Sll� Division of Highways o� Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries q Submerged Lands (DMF) Permit# /(n - 05, DCM Coordinator: wwuV MAILING DISTRIBUTION: "� Permitee: 0I A �� �(Qi a o�q NC- kvil 3a IVpr4k , W��,1n��v/\ ' Aft', 7WI,\ Agent: DCM Field Offices: Elizabeth City ead City US Army orps o ngineers(USACE): as ington. Mike Bell(NCDOT) Bill Bi come(NCDOT) Raleigh Blan Wilmington: Dave Timpy(NCDOT) Henry Wicker thers: u a eso:::Ken ee Gledhill- rl� nvironmentary Piero/ Marine Fishee Stree✓ NCDOT: Pac�/Shellfish Sani Fowles✓State Propertph RendersWater Qualidi Karoly(for non-D John Hennessy � oe V•l ife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) \ LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANNA Major Permit Process Manual Page 70 of 70 O�OF WA I- Michael F. Easley, Governor G William G. Ross, Jr., Secretary � North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 29, 2005 CERTIFIED MAIL 7004 1160 0004 4620 3136 RETURNED RECEIPT REQUESTED 06 Martin Baum 6012 Farm Pond Road Apex, NC 27523 Subject: Notice of Violation and Recommendation for Enforcement Isolated Wetland Standard Violation 401 Water Quality Certification Violation Bridgewater at Ware Creek Subdivision Carteret County Dear Mr. Baum: On July 27, 2005,Joanne Steenhuis of the Division of Water Quality(DWQ) Wilmington Regional Office was reviewing the Express CAMA application and conducted a site visit on the subject property. The inspection and subsequent review of your activities revealed that there are isolated wetland impacts on your property. During the site visit, the investigator took photographs and made observations of isolated wetland impacts that included grading and filling. Specifically, the landscape was cleared, grubbed and graded and fill was placed in the isolated wetlands. A call to the US Army Corps of Engineers confirmed that isolated wetlands were located onsite. Mickey Sugg, of the USACE FAXed DWQ a copy of the Jurisdictional Determination map with an approximate location of the isolated wetland on the tract. He estimated that the isolated wetland was approximately 1/2 acre to 2 acres in size. 15A NCAC 02H.1305 deems impacts to isolated wetlands as permited for fill up to 1/3 acre east of I-95. Since the USACE indicated that there is most likely more than 1/3 acre of isolated wetland on the property a permit application for fill will be required. As a result of the site inspections and file review, the following violations, detailed on the following pages, are noted: 1) Failure to secure a DWQ General Permit to impact isolated wetlands over 1/3 acre; 2) Wetland standard violations; Item I. Failure to secure a DWQ General Permit to impact isolated wetlands A DWQ site visit and file review confirmed that an application for a State Individual Permit or Certificate of Coverage has not been received by the Division of Water Quality for this project. An application for a State Individual Permit or Certificate of Coverage submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .1302. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Service 1-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us One An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NorthCarolina Naturalltl Page Two Martin Baum July 29,2005 Item II.Wetland Standard Violation Wetland disturbance corresponding to mechanized land clearing, grading, and fill was observed. Since there is no State Individual Permit or Certificate of Coverage for this project,the respective placement of fill and grading in isolated wetlands represents violations of the following North Carolina wetland standard which states: 15A NCAC 2B .0231(b)(1)and(5) 1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses; 5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: C)The chemical,nutrient and dissolved oxygen regime of the wetland; D)The movement of aquatic fauna; F)Water levels or elevations. This Office also requests that you respond to this letter in writing within 10 days of receipt of this Notice. Please note,these violations and any future violations are subject to civil penalty assessment of up to$25,000.00 per day for each violation. Your response should be sent to both this office at the letterhead address and to the attention of Mr.Danny Smith at the Wetlands and Stormwater Branch, Compliance and Assistance Unit, 1617 Mail Service Center,Raleigh NC, 27699-1617. Your response in writing should address the following items: 1). Your efforts in delineating the isolated wetland on site and getting a jurisdictional determination from the Division of Water Quality; 2). How much impact occurred in the isolated wetland; 3). An explanation of why you did not apply for a State Individual Permit or Certificate of Coverage to impact over 1/3 acre of isolated wetlands; 4). A wetland restoration plan that should include removing the fill from the wetlands and returning the wetland area to original grade, and stabilizing with vegetation; 5). A schedule with dates clearly depicting your efforts to become compliant. By copy of this letter to the Carteret County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future or continued violations that may be encountered.Your response to this correspondence will be considered in this process. Your contact for the Corps of Engineers is Mickey Sugg (910) 251-4811. Should you have any questions regarding these matters,please contact Joanne Steenhuis at(910)796-7215. incerely, Ed Beck Regional Supervisor Surface Water Protection Section Division of Water Quality cc : Carteret County Building Inspections Land Quality Section—Trent James Compliance and Assistance Unit—Danny Smith Stroud Engineering,PA—Ron Cullipher Wilmington Corps of Engineers—Mickey Sugg WiRO CAMA Wilmington—Jason Dail CAMA Morehead—Doug Huggett A ffl�_"A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 14, 2005 Ms. Olga B. Lee 9044 NC Hwy 32 North Washington,NC 27889 Dear Ms. Lee: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to bulkhead and backfill 85' of shoreline, and build a pier with a T- head in Beaufort County adjacent to the Pamlico River within Kilby Island off SR 1749 at Lot # 3, Bath,NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 30, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone(252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, '9'te' v ; 1 Doug Ifuggett Major Permits & Consistency Coordinator cc: DCM, Morehead City t DCM, Washington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net Re: Olga B.Lee Subject: Re: Olga B. Lee From: Sean McKenna<Sean.McKenna@ncmail.net> Date: Wed, 06 Jul 2005 08:48:10 -0400 To: Rich Weaver<Rich.Weaver@ncmail.net> Hey Rich, I sent the Lee permit to Mike on 6/27/05. I had no objection to the project as proposed. Sorry for the delay. Sean Rich Weaver wrote: Hey Sean, sorry to bother you, I was just wondering if you had a chance to look over the Olga B. Lee application yet. When you get a minute, can you send me your comments? Thanks buddy and have a great weekend! Rich Weaver, Assistant Major Permits Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 FAX (252) 247-3330 Toll Free: 800-912-CAMA 1 of 1 7/6/05 8:49 AM o Instructions to Word Processing: This is a card letter 31. June 24, 2005 Regulatory Division Action ID No. 200510977 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources. 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Olga Lee for a Department of the Army permit to construct a bulkhead and a pier, on property located off State Road 1749, adjacent to the Pamlico River on Kilby Island,near the Town of Bath, in Beaufort 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: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone(252)975-1616, extension'23. Sincerely, Raleigh Bland,P.W.S. Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center - Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 o�OF W A TFROG Michael F.Easley,Governor 1 William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality June 17, 2005 Ms. Olga B. Lee 9044 Hwy 32 N Washington, NC 27889 Subject: CAMA/Stormwater Review SW7050513 Bulkhead & Pier Project Beaufort County Dear Ms. Lee: The Washington Regional Office received a copy of your CAMA application for a proposed bulkhead and pier project at lot#3 at Kilby Island on May 11, 2005. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact me at (252) 948-3923. Sincerely, Roger K. Thorpe Environmental Engineer Washington Regional Office cc: ✓Doug Huggett, DCM Washington Regional Office Central Files North Carol 'Vaturall North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recyc ed/10°/6 Post Consumer Paper AILF-1A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Fred Landa, DCM Washington District Planner Date: May 25, 2005 Subject: Major Permit Application, Requested by Olga B. Lee to bulkhead and backfill 85' of shoreline and build a pier with a T-head. The property is located off SR 1749 at Lot #3 on Kilby Island, adjacent to the Pamlico River near the Town of Bath in Beaufort County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & Not In Conflict with the 1997 Beaufort County Land Use Plan certified by the CRC on November 20, 1998. Overview: Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Waters, Public Trust Area, Public Trust Shoreline, and Estuarine Shoreline. The Waters at the project site are classified as SC-NSW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Beaufort County Land Classification Map designates the subject property as `Limited Transition' and the AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Beaufort County supports the construction of bulkheads which fulfill the use standards set forth in 15A NCAC 7H." (Bulkhead Construction, pg. IV-10) "Beaufort County supports the use standards for estuarine waters and public trust areas as specified in 15A NCAC 7H.0207" (Marine Resource Areas (a), pg. IV-18) Cc: John Thayer, Manager of Planning and Grants 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �COAST,q�� / • ply a �- z W North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Preston P. Pate, Jr. Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator DATE: 10 May 2005 FR�11 SUBJECT: CAMA Application Review JUN 2 8 ?� ..... APPLICANT: Ms. Olga B. Lee I - PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike S. Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY t, This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Se�'- �� Date 4 b ne Noor hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastaimanagement.net/ An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper OF COASTA( s� z = North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Joe Henderson �0I_ NC Department of Administration State Property Office - 500Z Z l ON Is FROM: Doug Huggett f . Major Permits Processing Coordinator 1k, DATE: 10 May 2005 SUBJECT: CAMA Application Review APPLICANT: Ms. Olga B. Lee PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike S. Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed �� Date one NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper • COAfTq�� IL 0 °� r4V z = North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Jim D. Simons, P.G., P.E. State Geologist & Director Division of Land Resources j FROM: Doug Huggett o/�p�e Major Permits Processing Coordinator �(y 04k DATE: 10 May 2005 SUBJECT: CAMA Application Review APPLICANT: Ms. Olga B. Lee PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike S. Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. his office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached co ments. Signed Date Onc NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper _AM COTgT4f� plat MAY 12 2005 North Carolina Department of Environment and Natural Res%r oFk38VATtoMo9'a Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Renee Gledhill-Early i 4 2 NC Department of Cultural Resources iv't i a o5 Archives & History Building Murehead FROM: Doug Huggett y 1)r,, l l�L Major Permits Processing Coordinator DATE: 10 May 2005 SUBJECT: CAMA Application Review 0� APPLICANT: Ms. Olga B. Lee PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike S. Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date NoOAne hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%a Recycled 110%Post Consumer Paper MAY 1 2 2005 �consrgr� z a co North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. William McNeil V�,J Director 1� Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator DATE: 10 May 2005 SUBJECT: CAMA Application Review APPLICANT: Ms. Olga B. Lee PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike S. Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. t-""'This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed /Z Date nc NOoAhCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturalllf Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �oF coni�n�q �,flTy i North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Maria Tripp NC Wildlife Resources Commission f� fs FROM: Doug Huggett 1 Major Permits Processing Coordinator V. IWAY RE N m DATE: 10 May 2005 , ►,,maw On �'.�ea!Vd1�1011 ,fir ��►dill �. SUBJECT: CAMA Application Review APPLICANT: Ms. Olga B. Lee PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike S. Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. >/ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed n C I==`W Date Zoo 5 Nose Carolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nocoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �pE CDAST.gT� J z � 1. North Carolina Department of Environment and Natural Resouns I Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary,005 MEMORANDUM TO: Patty Fowler 1. i DCM NCDENR Division of Environmental Healthy Lj FK4 FROM: Doug Huggett ';11F1 t,FISH SANITATIn,`,,I Major Permits Processing Coordinator DATE: 10 May 2005 'J SUBJECT: CAMA Application Review I$_ MAY S!4FF I FISH SANITATION,; APPLICANT: Ms. Olga B. Lee PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike S. Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. V" This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed — ' d-�fiw��/ Date 5- )(J WSJ One NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDOT DIV 2 DIST 1 Fax:252-946-7433 May 23 '05 9:10 P.01i01 t � prom 'A ldc— JDQPt, hone Phone t► lam-3 ,o « — 3 Fax M North Carolina Department of En, Division of Coal' - am o— ecretary Charles S.Jon s,Director Michael F. Easley, Governor MEMOR.A UM zrpn Pace : TO; - NCDOT LA State Construction/Materials Branch �,;+ FROM; Doug 14uggett MAY 2 5 2005 M4Y Major Permits Processing Coordinator Morehead City ; «Orr�l a�rl�;;Ys DATE: 10 May Zoos 'DIST� j SUBJECT: CAM Application A placation Review{ APPLICANT: Ms. Olga B. Lee I PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfi1185 feet of shoreline, and build a pier wit11 a T-head. Please indicate below your position or viewpoint on the proposed project and return this form by 31 May 2005. Please contact Mike $, Thomas., at 252-948-3950, if you have any a questions regarazng the proposed project. When 4ppr priate, in depth comments,with supporting data are requcsted. REPLY This office has no object on to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated, See attached. This officc objects tote proposed project for reasons described in the attached comments. rt /JC_DoT Date_ a s 6� Ow Sign i I IRhCato� 943 Wash Square Mall, aahington,Not Carolina 27889 Phone:252-946.6481 1 FAX.252.90-047 1 Internet www,nccoastalmanaganent.neU An Equal opportunity 1 ArffrmaM Action Empliyer—50%Recycled 1 lo%Post consumer Paper Memorandum To: Doug Hugg ett Through: Terry Moore From: Mike Thomas MAY2 5 2005 Date: 20 March 2005 Morehead Ci Subject: Olga Lee Major Application tV CCM The proposed project appears to be consistent with the rules found in Subchapter 7H concerning development in Estuarine Waters and Public Trust Areas. I recommend issuance of the permit with the following standard conditions included. Conditions: 1. Unless specifically altered herein, this permit authorizes construction and backfill of a bulkhead as depicted in the permittee's application and work plan drawings dated 3 May 2005. 2. This permit authorizes only the bulkhead and backfill and uses located in the water that are expressly and specifically set forth in the permit application. 3. The bulkhead will not extend waterward more than 28 feet from the normal water level at any point along its alignment at the time of construction. 4. The bulkhead must be constructed prior to any backfilling activities. 5. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel, No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7. All bulkhead backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 7. _ DCM% DWQ% Development Type 14300160143510009316256253 (24300 1602 435100095 2341 L PrivaK non-commercial development that does not involve 5250 100%(5250) o% 0 ftre fain;or excavation of any ) wetlands or open watt areas: 11. Public or commercial development that does not kwolve the Ming or S4DD 100%($400) 0°6(5D) excavation of any wetlands or open water areas III. For development that involves the riling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applies: 111(A� For Private,non-commercial development,If General water Quality Certification NoMol(see attached) S25D 10D°�(5250) can be applied 111(13k Forpubficorcommercial development,if General water Quality S4DD 100%(5400) 0%($O) ": .. Certification No.3301(see attached) can be applied 71rc, General Water Quafdy Certification No.3301(see attached) could be appied,but DCM staff determined that additional review and S4DD 60%(S240) 40%(S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: 11 General Water Quality Certification 94(xrefieehet$ S400 60%(S240) 40°/(S160) can not be applied M For development that involves the filing and/or excavation of more than one acre of wetlands and/or S '0 60%(5225) 4090(S190) open water areas: a North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G, Ross, Jr., Secretary 10 May 2005 WASHINGTON DAILY NEWS Post Office Box 1788' Washington, NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 12 May 2005 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3812. 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 notices, and an original invoice to: JAYE POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 Thank you. Sincerely, Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original's Original mailed: NotthCarohna 943 Washington Square Mall,Washington,North Carolina 27889 Natlrrall f Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastaimanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 11 o%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b)that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 3 May 2005. According to the said application, Ms. Olga B. Lee, Applicant, proposes to to bulkhead and backfill 85 feet of shoreline, and build a pier with a T-head, at property located off SR 1749, at Lot #3 in Kilby Island, adjacent to the Pamlico River, near the Town of Bath, in Beaufort County, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC during normal business hours. Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT DIVISION, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, 400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 6 June 2005 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. Please publish on 12 May 2005 in the Washington Daily News for the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, COASTAL MANAGEMENT DIVISION. w f s r. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S.Jones, Director William G. Ross, Jr., Secretary 10 May 2005 Ms. Olga Lee 9044 NC Highway 32 North Washington,NC 27889 Dear Ms. Lee: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located off SR 1749, at Lot #3 in Kilby Island, adjacent to the Pamlico River, near the Town of Bath, in Beaufort County. It was received on 3 May 2005 and appears to be adequate for processing at this time. The projected deadline for making a decision is 11 July 2005. 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 also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change. do not hesitate to contact me. N.C.G.S. 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 the 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 the property. or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required. }°ou Will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report andlor comments from reviewing agencies. Sincerely, Mike S. Thomas, Field Representative Division of Coastal Management Washington Regional Office ENCLOSURE c: Doug Huggett Terry Moore NonhCarotina 943 Washington Square Mall,Washington,North Carolina 27889 11AW11ra!!ry Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagementnet' An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consume.-Pape, r i r AMA E MIT AP LIE F PROJECT: a E;40 `U�C.C�iL A �� /.st�q✓L) — ALlT.9CF�✓r � ���♦gnuCo �t1�°, ii'��4Tr�, �F Q�J�l °�,. /�L' �5E z6s, 1-�vo�r��" /2 lvAv Z40, -` COMMENTS ACCEPTED THROUGH 6 .:�IvL2aos APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: a � G _32 o,�rt� � �iyrs�o�✓ DF .sr�� /�t�.��G�j� , JUL-01-2005 FRI 10: 18 AM COASTAL MANAGEMENT FAX NO. 12529480478 P. 01 1 i ipit,tl 4 N fttte trial J tkslivrny ri„3+:.isauL ,, ❑Apnit � F7ii C ytar,r 111u1K';~sv:i aC}tit;,•�.C1�14J=.:a�,nn,rtt•,, �: ,�;�,.`_ �"x1 t%r- C7 Atitlroexee '�'1 ' u •an d f: �� �� r AIt,at::iii••;c4ici laj to I..rit1:hrt;.YI.l.i!,ir„L5, /• 6nivla9try'(!=,7rt1MomJ C.Data M G1olivmy r.•tty 14'rVc1r"lt.•��.1:c 1. I�4t.Nl ri:rx.a q'SIi; ,.x ._.Mr .•...,_._• „ x...... C Orlt'4"Yakrra a Jl aroMfir,m lien,17 ❑Ym 1.S,mixv tWIA:y udder..IwAom 0 No • ,,fir."'• 41-j �� l� ��'14S<••C(•���...r f•�7• �.'t:t•Ivl..y�c •.�_... - �...,�_ "It(Jin,:' 6.Iri,rnul.led 0not•.rnRo-vHr-A for Mwthundme •• ._ ._x« .,_.. ,.- �. i;r'Vya trtrl rmitvo,yl('xlra F tt) 17 Y~a �::, :.ha•t*,,Ir,bt,vr^I•b.`n•,, �n;a�� ��,?•fi �=�ii��t a5A3, �i�n� 10 S•. p M•SL�A t F' „ta��,6rf�r��d�aid x,a S 'sd r: F'1 siL.tT print Your ilil:Si.^, r:ri,i,t `" artd ZIP+4 in �ls c oX y (./ 1 1 G 1� �ltlt��rtiYlrriEtl:iJtl:�r4�:atr:trr�r�•Et.17t1 1 1 ,..,.„,,.._x_,.".• • ,.,,,,, ., ,�..-w...x.., t t rt�ritttilrltrl! r1 f'C. 3z4iE az 4.riy . STATE OF NORTH CAROLINA COUNTY OF BEAUFORT PURCHASE MONEY DEED OF TRUST THIS INDENTURE, Made as of this �� day of June a 1977, by and between Horace S. Lee and wife. 01ga B. Lee, hereinafter called Grantors, and James B. McMullan, of Beaufort County, North Carolina, hereinafter called Trustee, and Mason Lumber Company, Incorporated, a North Carolina corporation, hereinafter called Beneficiary (said designations shall include the respective parties, whether one or more, individual or corporate, and their'respective successors in interest or assigns); WITNESSETH: WHEREAS, Grantors are indebted to Beneficiary in the principal sum of SEVEN THOUSAND ($ 7,000.00-------) Dollars, as evidenced by a note or notes of even date herewith executed by Grantors and payable, with interest as specified therein, to Beneficiary, as follows: $141 .93 on the first day of July, 1977, and the same amount on the first day of each month thereafter until a total of sixty (60) monthly payments have been made. AND WHEREAS, Grantors have agreed to secure the payment of the said debt and interest and also the taxes, assessments and insurance premiums hereinafter mentioned by the conveyance of the property hereinafter described; NOW, THEREFORE, in consideration of the premises, and for the purposes aforesaid, and in consideration of the sum of One Dollar paid to Grantors by Trustee, the receipt of which is hereby acknowledged, Grantors have bargained, sold and conveyed, and by these presents do bargain, sell and convey to Trustee, his successors and assigns, the following real estate, with all improvements, fixtures, and appurtenances, whether detachable or not, located in Bath Township, Beaufort ccC&unty, North Carolina, and more particularly described as follows: . Being Lots Nos. 3, 61 , and 62, as said lots are shown O? a upon a plat entitled "Kilby Island Lot Layout," and which t said plat is recorded in Map Book 20, page 25, Beaufort w County Registry. Being a part of that property conveyed � to Mason Lumber,Company, Incorporated from Kilby Island Corporation by deed recorded in Book 643, page 373, Beaufort jCD1 County Registry. a ,o s AEA 1 ('off �i �JI S ' tZ�0 4 " .,�� ✓5�� 3 syrj x 7ku'� a st fd ,� 4 ��� �+. + �'•� b$h' E� 1 k Q,s 1}.�'t y ,ay� h�y�� i ���.�34,h��4R�,i'�� �,�4.'j t�',�"E'i i ��a�A,•�_ ... ::.;r, `•.. �, .... . '.a .,. �.fi r ,��s x��^ �. .L_'f{ i, � ,...x,- 4p�r h - ..x,h#� �LS�, °. .____,._.....____..-.,...—�..=r�+r..��3w+.a..9v-..�+=s�..n.,.-.�..RmP.....a.....,..,.�nemFvT,.r,--.a:.n..-a.+.+r=-.�...__.--...:ec-n•.R TO HAVE AND TO HOLD the same with all rights, ways, privileges and60 appurtenances thereunto belonging, unto the Trustee and successors in interest of Trustee forever. And Grantors covenant with Trustee that they are seized of said premises in fee, that they have the right to convey the same, that the same are free and clear of all encumbrances and restrictions not specifically mentioned herein, and they do hereby warrant and will forever defend the title to the same against all claims of all persons whomsoever. THIS DEED OF TRUST, HOWEVER, is made upon the trusts and for the uses and purposes following: That if Grantors shall pay all sums required to be paid by the note or notes secured hereby, and shall perform and observe all of the covenants, conditions, and agreements contained in this Deed of Trust, then this Deed of Trust shall be null and void, and shall be cancelled or released of record at the expense of Grantors, otherwise it shall remain in full force and effect. If the Grantors shall fail to pay the aforesaid indebtedness, or any part thereof, or any installment thereon, promptly, as it or any part thereof shall become due, or shall fail to pay any part of the interest that may accrue thereon, promptly, as the said interest may become due, or shall fail to comply with any of the terms and conditions of this instrument, or any of the promises or agreements contained herein, or any note secured hereby, then immediately upon such default, or at any time thereafter, in any one of these respects, the Beneficiary, or any holder of any note secured hereby, may declare the whole of said debt and interest and all other monies secured by this instrument then owing from the Grantors to the Beneficiary instantly due and payable, and it shall be the duty of the Trustee, and he is hereby authorized and empowered to sell said land and premises, with all and every appurtenances thereunto belonging, at the County Courthouse door in the County where said land is situated, as aforesaid, by public auction to the highest bidder, for cash, or upon terms acceptable to the Beneficiary, having first given notice of such sale once each week for four successive weeks, in some newspaper published in the said County (or if there be no such newspaper, then in a newspaper published in an adjoining County); and to convey said land and premises to the purchaser, or purchasers, in fee simple, and apply the proceeds of said sale to the payment of the expenses of such sale, including a Trustee's commission of five percent, to the discharge of said debt and interest on the same, the surplus, if any, to be paid to the Grantors. And the Grantors promise to and agree with the other parties hereto, to pay all taxes and assessments on said land before the same become_delinquent, and to keep the buildings, and other improvements erected and to be erected on said land, at all times in good repair and said buildings insured against loss by fire or other casualty, by insurers acceptable to Beneficiary for such amount as Beneficiary shall require, not exceeding the amount of indebtedness secured hereby, and assign and deliver the policies thereof to the Beneficiary, to be held as additional security for the indebtedness secured by this Deed of Trust. If Grantors shall fail to comply with any of the provisions of this paragraph, then Beneficiary or any holder of any note secured hereby, may pay said taxes and assessments and effect and maintain such insurance and pay the premiums thereon, and any sum or sums so paid shall be added to the principal.of said debt, shall be secured by these presents, shall draw interest at the rate of six percent per annum, and shall mature at the same time as the next payment of the indebtedness secured hereby, provided that this power and authority or the exercise thereof shall in no way prevent the monies of every description secured by this Deed of Trust from becoming instantly due upon the conditions and terms hereinbefore provided. .. ,. t ..:. :"n '!, �, ,r}i�"� -�.. �� 3� �:, k�✓..;y_s w..,t.�.. t .,+.,.P".iw xz�'k,:�a�,, i ...L , _..:'.f:'d�..flR�:. :t Fie �wi5. ..X!�.�s �� It And.it is further covenanted and agreed by Grantors that all defenses that may at any time be available to them to defeat the lien of this Trust Deed, or the collection of any note hereby secured, on the ground of any extension of time of payment thereof that may be given by the holder or holders thereof to them, or to any surety or endorser thereof, are hereby waived and surrendered by said Grantors; and any note secured hereby may at any time be extended or renewed without releasing or discharging the liability of any party to the same, or any endorser or surety thereon, or the security of this Deed of Trust. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or, if corporate, has caused this Deed of Trust to be executed by its duly authorized_officers and its seal to be hereunto affixed, all by proper corporate k authority duly given, as of the day and year first above written. i ,a Ho►IAce ,S t Lee' , t (SEAL) ------------------- ---------------------------------------- ------ -��a-g--Lee STATE OF NORTH CAROLINA COUNTY OF BEAUFORT I, a Notary Public of said State and 4t a, t :, C�ut�ty, do hereby certify that Horace $. Lee and wife Olga B. Lee ( 9 p4s iiaiiy appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. P Lt_ .`Witness my hand and Notarial Seal, this day of June 19 77 Notary Public my Commission expires: ----------- _zx -------------------------------------------------------- STATE OF COUNTY OF I, a Notary Public of said State and County, certify that personally appeared before me this day and acknowledged that he is Secretary of a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by self as its Secretary Witness my hand and Notarial Seal, this day of 19 Notary Publi My Commission expires: ------------------------------------------------------------------------------ `` STATE OF NORTH CAROLINA, COUNTY OF t,r The foregoing certificate_ of �O Notary Public/Notaries Public is/are certified to be correct. This instrumen wasy presented for registration and recorded in this office at Book , Page This 1J�` day of 19 �/, at '/ o'clock, �� T �..C• Registef of De pp, E rs rFt i. r 5 @ � { k �• t it �'4.;-`"t Fps Af .,of �`i '^ 3 K������ro�3 `*3+ <ak .,_k•f �.n� r �F�4 .ram il ����#�'