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20-05 NC Wildlife Resources Commission
.r Permit Class Permit Number NEW 20-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermit 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 NC Wildlife Resources Commission, 1720 Mail Service Center,Raleigh,NC 27699-1720 Authorizing development in Carteret County at Oyster Creek at Core Sound, US 70 at Oyster Creek Bridge , as requested in the penmittee's application dated 3/8/04,including attached workplan drawings (9) .l, 5, 6, and 7 of 9 all dated 2/16/04 and 2, 3, 4, 8 and 9 of 9 all dated 9/9/04. This permit, issued on February 7, 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. Excavation 1) This permit authorizes only the excavation below the normal high water level necessary to construct the authorized concrete boat ramps,as indicated on the attached workplan drawings. 2) This permit authorizes,no excavation of wetlands or submerged aquatic vegetation(SAVs). 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) 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 must be accessible on-site to Department personnel when the project is inspected for compliance. harles S. Jones, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Division Of Coastal Management All work must 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 o NC Wildlife Resources Commission Permit#20-05 Page 2 of 5 ADDITIONAL CONDITIONS Spoil Disposal 4) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 5) The disposal area shall be constructed a sufficient distance from the normal high water level or any marsh to eliminate the possibility of eroded materials from entering surrounding wetlands or waters. Concrete Boat Ramp 6) The concrete boat ramp shall be poured on high ground and pushed or placed into the water once hardened. No live concrete shall come into contact with waters of the State or waters entering into waters of the State. Courtesy Docks 7) This permit authorizes only the courtesy docks located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this boat ramp facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 8) 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. 9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 10) 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 he abandons the permitted activity without having it transferred to a third party. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 12) 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 should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. l 3) This permit authorizes no permanent boat dockage. NC Wildlife Resources Commission Permit# 20-05 Page 3 of 5 ADDITIONAL CONDITIONS Riprap Sill and Shoreline Stabilization 14) The authorized placement of riprap shall not exceed the area depicted in the attached workplan drawings. 15) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the site by wave or current action. 16) The riprap material shall consist of clean rock, marl, or masonry materials such as but not limited to granite or broken concrete. 17) The riprap sill shall be design in such a manner as to allow water circulation through the structure. Breakwaters 18) The authorized breakwaters shall be constructed as depicted in the attached workplan drawings. 19) In accordance with the design proposed by the permittee, the authorized breakwaters shall be constructed with an equal gap between each sheathing board totaling at least two inches of open area for every two linear feet of breakwater. 20) The permitted breakwater shall be constructed of treated wood, vinyl, metal sheet piles or other suitable materials approved by Department personnel. 21) Breakwaters shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above normal high water. Y, 22) The permittee shall maintain the breakwaters in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structure shall be removed within 90 days of notification from the Division of Coastal Management. Stormwater 23) The Division of Water Quality approval of this project under stormwater management rules of the 3 Environmental Management Commission is covered by way of Stormwater Permit No. SW8040434, which was issued on 11/30/04. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. P40 A90trPOLOJ00000P'DO00000000 t NC Wildlife Resources Commission Permit# 20-05 Page 4 of 5 ADDITIONAL CONDITIONS Erosion and Sedimentation Control NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, 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 and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension,Wilmington,NC 28405. 24) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 25) 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.). General 26) 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. 27) Monitoring of the wetland creation site shall be conducted for a minimum of 3 years following of construction of authorized development. At the end of the 3-year period, the permittee shall coordinate with the Division of Coastal Management to determine if additional monitoring and/or remedial actions may be necessary. 28) The authorized project is located adjacent to a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 29) All boardwalks located within 30 feet of the normal water level shall be no more than 6 feet wide, elevated, slatted and wooden; NOTE: To increase the likelihood of wetland vegetation success, it is strongly recommended that the permittee inspect and approve the grade elevations periodically throughout project construction, and prior to planting. It is also recommended that planting of herbaceous vegetation should be conducted in the spring and should be on 2-foot centers. FNC Wildlife Resources Commission Permit# 20-05 Page 5 of 5 ADDITIONAL CONDITIONS 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) 808-2808 prior to the commencement of any s such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 040677), which was issued on 5/12/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200400690. NOTE: The West Indian Manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters of North Carolina. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October, the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be followed. ALT4?n;awA 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 February 8,2005 NC Wildlife Resources Commission 1720 Mail Service Center Raleigh,NC 27699-1720 Dear Sir: 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, Vo H RM7& X Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Wildlife Resources Commission 2. LOCATION OF PROJECT SITE: The site is vacant property located on the southwest side of the Oyster Creek Bridge on Highway 70 in the Community of Davis, Carteret County. Photo Index - 2000: Photo 54-655, grid 19-0 1995: Photo 54-637, grid 14,15-Q State Plane Coordinates - X: 2765600 Y: 398000 Rover #L081317B 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit - 12/22/04 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - March 24, 2004 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Cart. Co. Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Remnant asphalt, Riprap Planned - Public launching facility, Retaining wall, Riprap, Rock sill, Breakwaters. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: DREDGED FILLED SHADED High Ground 37,215 sf 72 sf Shallow Bottom Habitat 8,504 sf Open Water 1,032 sf (D) Total Area Disturbed: 46,823 sf (E) Primary Nursery Area: No (adjacent) (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The NCWRC is proposing to construct a public boat launching facility with 2 ramps, 3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part, riprap in part, and a rock sill with wetlands planting. Field Investigation Report: NCWRC-Oyster Creek Page 02 --------------------------- 9. Narrative Description: The project site is located on the southwest side of the Oyster Creek Bridge on Highway 70 in Carteret County. This is in the Davis Community of the county, and was previously the site of a commercial fish house. In the past, Highway 70 crossed the property before being relocated to the north, and some remnant asphalt remains. The property abuts Core Sound to the south and the mouth of Oyster Creek to the east. The size of the parcel is 1.38 acres in size, with the addition of the .47 acres included by Encroachment Agreement with DOT. The existing impervious area on the property is 27, 272 sf, for total percentage coverage within the AEC of 33.84%. The property was purchased by the NCWRC in 2002, and has had all remains of the fish house removed. The WRC obtained General Permit#34082-C in 2003 for the stabilization of the shoreline through the use of riprap, which it has completed. Besides the remaining gravel and asphalt, the site is vegetated with typical shrub/scrub habitat. Average elevation is +7' msl. The width of the water body at the project site is in excess of 4800'. The Carteret County Land Use Plan classifies this tract as Conservation by virtue of the fact that it lies entirely within the AEC. The Division of Marine Fisheries does not designate this area of Core Sound as a Primary Nursery Area; however, immediately north of the bridge, Oyster Creek is designated. Core Sound and Oyster Creek both carry water quality classifications of SA-ORW, and are open to the taking of shellfish for consumption. There are patches of submerged grassbeds at the project site, but not within the location of any proposed development. The proposal is to construct a public launching facility. Specifically, two (2) concrete boat ramps are proposed on the east side of the property. They are proposed for 15' wide x 68' in length, extending approximately 50' waterward of the nhw contour,to reach a water depth of -4.7' nlw. A 50' x 20' concrete skirt will be poured along the high ground side of the ramps. Two (2) fixed docks, 76' x 6' and 151' x 6', will be aligned along the outer edges of the ramps, with a float, 76' x 8' in the middle. Breakwaters (the applicant refers to them as "groins") are proposed on the outside edges of the fixed docks, extending 160' from the nhw contour on the south and 121' on the north. These structures are proposed with 2" gaps for every 2' interval of boards. All portions of this facility will be located in excess of 20' from adjacent riparian corridors. A retaining wall is proposed, 54.5', on the north side of the ramps, landward of all coastal vegetation and connecting to the existing DOT bridge abutment. Approximately 38' of riprap is proposed to the south side of the ramps, approximately 20' in width, extending to no more than 5' from the nhw contour in an area void of wetland vegetation. Along the south shoreline, the applicant proposes to construct a rock sill with a 6.5' base width, to a height of 1.5' above substrate. This 258' sill will be located an average of 15' offshore, and will be comprised of 86 cubic yards of rock. Twelve-inch concrete culverts are proposed through the sill at 20' intervals of sill length. These features are intended to allow for fish passage without enhancing the problem of scour. While the plats appear to completely Field Investigation Report: NCWRC-Oyster Creek Page 03 --------------------------- encompass the culverts, the intent is to indent the sill at the culvert locations, such that the sill will be no more than 4' wide at these features, allowing for the "day lighting" of the culverts. Filter cloth is proposed beneath the sill. Sand fill will be placed in the 3870 sf area behind the sill, which is proposed for planting of coastal wetland species. The sand is shown at 8" in depth at the landward end, gradually reducing to grade at the sill. The plats erroneously show filter cloth beneath the fill material. Spartina alterniflora is proposed to be planted up to the 2' contour line, which represents the nhw line, and Spartina patens is proposed to continue to the shoreline, or the 3.5' contour line. Within the high ground area of the property, the Commission proposes to construct 13 regular car and trailer parking spaces (130' x 50'), a single handicapped space, and a turning area (95' x 95'). Concrete walkways are proposed around the handicapped space and connecting to the ramps for a total square footage of 671 (approximately 72 sf will be timber decking). The drive through the parking lot and turning area is approximately 260' x 25'. Any spoil generated by grading for the parking area or construction of the ramp will be placed on the west side of the property. 10. Anticipated Impacts: The high ground impacts from this proposal come in the form of the backfilling of the retaining wall, the spoil disposal grading, the parking lot, drive, turning area, skirt to the ramps, a portion of the ramps, a portion of the riprap, the handicapped access walks, and the portion of the planting area above the nhw contour. These disturbances will require that 37,215 sf of high ground be filled/graded, and 72 sf be shaded. There will be shallow bottom filling impacts from the remainder of the ramp, the sill, the remainder of the riprap, the remainder of the planting area, and the breakwater, for a total of 8504 sf. Shading impacts will occur from the floating and fixed docks in the amount of 1032 sf. There is proposed to be a disturbance of approximately 56 cubic yards of material at the toe of the ramp for "leveling" this feature. The total high ground impervious area within the AEC will be 23, 716 sf, or 29.4%. This represents an overall reduction of 4.44% over the existing impervious area. Tere Barrett April 21, 2004 Morehead City Form DCM-MP-1 APPLICATION (To be completed by all applicants) 4. APPLICANT C. Street address or secondary road number US 70 at Oyster Creek Bridge a. Landowner: d. Is the proposed work within the city limits or planning Name North Carolina Wildlife Resources Commission jurisdiction? Yes X No Address 1720 Mail Service Center e. Name of body of water nearest project(e.g. river, creek,sound,bay) Oyster Creek at Core Sound City Raleigh State NC zip 27699-1720 Day Phone 919-715-3155 3. DESCRIPTION AND PLANNED USE Fax 919-715-2380 OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Name excavation and/or filling activities. Construction of a fi-ee boat launching facility,which includes: Address 2 concrete launch ramps,2 fixed courtesy docks,one floating courtesy dock,a crushed stone manueuver and parking area City State Additional structures include one retaining wall and two zip Day Phone groins,one handicapped parking space with concrete and raised wooden walkways. Fax b. Is the proposed activity maintenance of an existing c. Project name(if any) NCWRC Oyster Creek Boating project,new work,or both? New Construction Access Area(BA A) C. Will the project be public,private or commercial use? Public NOTE. Permit will be issued in name of landowner(s),and/or project name. a. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional 2. LOCATION OF PROPOSED pages. PROJECT This BAA facility will provided flee public boating access to Oyster Creek and the Core Sound The following equipment will be used:bulldozer,backhoe,trackhoe,motograder,and a. County Carteret and pile driving equipment on barges. b. City,town,community, or landmark Davis,NC Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER N/A CHARACTERISTICS n. Describe location and type of discharges to waters of a. Size of entire tract 1.38 acres,1.85 Acres with NCDOT the state. (For example, surface runoff, sanitary encroachment agreement wastewater,industrial/commercial effluent,"wash down", and residential discharges.) Swfacenmoff b. Size of individual lot(s) N/A directed via sheettlow through grass buffers. c. Approximate elevation of tract above MHW or NWL o. Describe existing drinking water supply source. approx.7.0 feet above NWL N/A d. Soil type(s) and texture(s) on tract Altavista loamy fine sand 5. ADDITIONAL INFORMATION e. Vegetation on tract Mixed grass,shrubbery,&small pine trees.Wetland areas have marsh elder and salt-meadow hay. In addition to the completed application form, the f. Man-made features now on tract Wooden bulkhead, following items must be submitted: 180'Rip Rap Shoreline Stabilization,3 Utility Poles,telephone junction,abandoned asphalt road,and 29 section of guardrail. • A copy of the deed (with state application only) or other instrument under which the applicant claims g. What is the CAMA Land Use Plan land classification title to the affected properties. If the applicant is not of the site?(Consult the local use plan) claiming to be the owner of said property, then X Conservation Transitional forward a copy of the deed or other instrument under Developed Community which the owner claims title, plus written permission Rural Other from the owner to carry out the project. h. How is the tract zoned by local government? • An accurate dated work plat (including plan view unzoned and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to i. Is the proposed project consistent with applicable Coastal Resources Commission Rule 7J.0203 for a zoning? X Yes No detailed description.) (attach zoning compliance certificate,if applicable) j. Has a professional archaeological assessment been Please note that original drawings are preferred and done for the tract? Yes X No only high quality copies will be accepted. Blue-line if yes,by whom? prints or other larger plats are acceptable only if an adequate number of quality copies are provided by k. Is the project located in a National Registered Historic applicant. (Contact the U.S. Army Corps of District or does it involve a National Register listed or Engineers regarding that agency's use of larger eligible property? drawings.) A site or location map is part of plat Yes X No requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to 1. Are there wetlands on site? X Yes No the site. Include highway or secondary road (SR) Coastal(marsh) X Yes No numbers, landmarks, and the like. if yes,has a delineation been conducted? no (attach documentation,if available) No official delineation has been conducted by USACE. Form DCM-MP-1 • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the 6. CERTIFICATION AND adjacent waterfront (riparian) landowners and PERMISSION TO ENTER ON LAND 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 I understand that any permit issued in response to this that they have 30 days in which to submit comments application will allow only the development described in on the proposed project to the Division of Coastal the application. The project will be subject to conditions Management. Upon signing this form, the applicant and restrictions contained in the permit. further certifies that such notice has been provided. I certify that to the best of my knowledge, the proposed Name NCDOT-Dwayne Al igood,Div.2 Maint Engr. activity complies with the State of North Carolina's Address P.O.Box 1587 Greenville,NC 27835 approved Coastal Management Program and will be Phone (252)514-4716 conducted in a manner consistent with such program. Name Mr.James P.Lewis I certify that I am authorized to grant, and do in fact, grant Address 1101 Hwy 70 Davis,NC 28524 permission to representatives of state and federal review agencies to enter on the aforementioned lands in Phone (252)729-3141 connection with evaluating information related to this permit application and follow-up monitoring of the project. Name Address I further certify that the information provided in this Phone application is truthful to the best of my knowledge. Name Address This is the 08 day of March ,20 04 Phone Print Name Mark E.Cooney,Facilities Engineer Name Address Phone Signature Landowner or t orized Agent • A list of previous state or federal permits issued for work on this project tract. Include Please indicate attachments pertaining to your proposed permit numbers,permittee,and issuing dates. project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development • A check for $250.00 made payable to the Department of X DCM MP-4 Structures Environment,and Natural Resources(DENR)to cover the DCM MP-5 Bridges and Culverts costs ofprocessing the application. DCM MP-6 Marina Development . A signed AEC hazard notice for projects in NOTE. Please sign and date each attachment in the oceanfront and inlet areas. space provided at the bottom of each form. • 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 Environment Policy Act. Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) 1. EXCAVATION 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 a. Amount of material to be excavated from below MHW proposed project. or NWL in cubic yards 56.6 cubic yards b. Type of material to be excavated loamy fine sand Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. C. Does the area to be excavated include coastal wetlands Average Final (marsh), submerged aquatic vegetation(SAV's)or Existing Project other wetlands. Yes X No Length Width Depth Depth Access channel (MHW)or(NWL) d. Highground excavation in cubic yards 0 cubic yards Canal 2. DISPOSAL OF EXCAVATED MATERIAL Boat basin a. Location of disposal area Material will be disposed of in adequate high ground onsite in proposed manuevering area See attached. Boat ramp 68' approx. approx. approx. (two single 30'total 4.5' 4.7' lane launch b. Dimensions of disposal area 130'X 35' ramp) Rock groin C. Do you claim title to the disposal area? X Yes No If no, attach a letter granting permission from the Rock owner. breakwater d. Will a disposal area be available for future Other(excluding Above Below maintenance? Yes X No shoreline stabilization) MLW MLW If yes,where? No.5 Washed Stone 119.3 CY 56.6 CY Concrete(ramp, apron,and walkway) Erosion Control Stone Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAV's,or other wetlands? Yes X No If yes, (1) Amount of fill to be placed in the water f. Does the disposal area include any area in the water? approximately 56.6 cu yds(incl.concrete and stone) Yes X No (2) Dimensions of fill area Ramp:42'X 30'below MLW (3) Purpose of fill subgrade preparation and 3. SHORELINE STABILIZATION launch ramps b. Will the fill material be placed in coastal wetlands a. Type of shoreline stabilization (marsh), SAWS,or other wetlands? X Bulkhead X Riprap Yes X No (is actually a retaining wall since located above MHW) If yes b. Length Retaining wall-54.5 ft., Rip Rap- 38 ft. (1) Dimensions of fill area Stone sill- approx. 258 ft. C. Average distance waterward of MHW or NWL (2) Purpose of fill 2 feet of MHW d. Maximum distance waterward of MHW or NWL 2 feet of MHW 5. GENERAL e. Shoreline erosion during preceding 12 months Spring 2003- severe shoreline erosion from Storm, a. How will excavated or fill material be kept on site and 180 ft. of Class I Rip Rap placed under CAMA erosion controlled Crushed stone will be graded into General Permit#C-34082. parking lot upon need. Stone gradations such that no (Source of information): File containment is required.Washed stone will be used as subgrade beneath launch ramp. f. Type of bulkhead or riprap material Vinyl retaining wall, Class I and A Rip Rap, Class B b. What type of construction equipment will be used and Class I Modified Rip Rap for stone sill (for example,dragline,backhoe,or hydraulic dredge)? Bull dozer,backhoe,trackhoe,motograder,and pile g. Amount of fill in cubic yards to be placed below driving equipment on barges. water level 86 CY Stone Sill b. Will wetlands be crossed in transporting equipment to project site? Yes X No h. Type of fill material if yes,explain steps that will be taken to lessen environmental impacts. i. Source of fill material NCWRC Oyster Creek Boating Access Area Applicant or Project Name 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Signature a. Will fill material be brought to site? March 08, 2004 X Yes No Date Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) h. Projects that require a CAMA Major Development Attach this form to Joint Application for CAMA Major Permit may also require a Stormwater Certification. Permit, Form DCM-MP-1. Be sure to complete all other Has a site development plan been submitted to the sections of the Joint Application that relate to this proposed Division of Environmental Management for review? project. Yes X No If yes,date submitted a. Type and number of buildings, facilities,units,or structures proposed Concrete apron adjacent to the top of i. Describe proposed method of sewage disposal. access ramp,and concrete handicap walkway, ABC parking N/A and entrance drive. b. Number of lots or parcels N/A j. Have the facilities described in item i. above received state or local approval N/A (attach appropriate documentation) c. Density(give the number of residential and the units k. Describe location and type of proposed discharges to per acre) N/A waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"and residential discharges). d. Size of area to be graded, filled, or disturbed including surface runoff only,no retention devices roads, ditches,etc. approximately 0.54 acres e. If the proposed project will disturb more than one 1. Describe proposed drinking water supply source (e.g. acre of land, the Division of Land Resources must well,community,public system,etc.) receive an erosion and sedimentation control plan at N/A least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land m. Will water be impounded? Yes X No If yes,how many acres? Resources? Yes X No If yes,date submitted less than 1 Acre to be dish n. If the project was an oceanfront development,when f. List the materials(such as marl,paver stone, asphalt, was the lot(s)platted and recorded? N/A or concrete)to be used for paved surfaces. Concrete,crusher run stone,erosion control stone,and clean NCWRC Oyster Creek Boating Access Area stone Applicant or Project Name g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Signature Outstanding Resource Water, to be covered by March 08,2004 impervious and/or built upon surfaces, such as Date pavement,buildings,rooftops,or to be used for vehicular driveways or parking 29.41/o Form DCM-MP-4 n - �Zi STRUCTURES (3) Maximum distance beyond MHW,NWL, or (Construction and/or land disturbing activities) wetlands same as length 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 e. Mooring Buoys N/A project. (1) _Commercial _Community _Private (2) Number a. Dock(s) and/pier(s) (3) Description of Buoy (1) _Commercial X Community _Private (Color,inscription, size,anchor, etc.) (2) Number 2 fixed docks and 1 floating dock attached to concrete abutement (3) Length Floating -76 w/ abutment, Fixed#1-76' w/ abutment, Fixed#2-151'w/abutment(both fixed docks attached to breakwaters (4) Width of water body (4) Width 8'-floating,6-fixed (5) Distance buoy(s)to be placed beyond shoreline (5) Finger Piers Yes X No (i) Number (ii) Length f. Mooring structure(boatlift,mooring pilings,etc.)N/A (iii) Width (1) _Commercial _Community _Private (6) Platform(s) Yes X No (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed N/A g Other(Give complete Description) (8) Proximity of structure to adjacent riparian property lines Greater than 20'on north and east side of property. 54.5 ft timber with vinyl sheetpile retaining wall proposed from Breakwater#1 to US 70 Concrete bridge end bent/wall (9) Width of water body 0.7 miles (10) Water depth at waterward end of pier at MHW or NWL Floating-approx.5'2"at U LW,Fixed#1-approx. 5'2"at U LW,Fixed#2-approx.6'6"at MLW b. Boathouse(including covered lifts)N/A (1) Commercial Private (2) Length NCWRC Oyster Creek Boating Access Area (3) Width Applicant or Project Name c. Groin(e.g.wood,sheetpile, etc.)N/A (1) Number (2) Length(s) Signature March 8, 2004 d. Breakwater(e.g. wood, sheetpile,etc.)Vinyl sheetpile Date (1) Length Groin#1-approx.121',Groin#2-160' (2) Average distance from MHW,NWL,or wetlands same as length(perpendicular to waterline) DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT:NC Wildlife Commission County: Carteret LOCATION OF PROJECT: Vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the community of Davis. DATE APPLICATION RECEIVED COMPLETE BY FIELD: March 24,2004 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Tere Barrett DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: y IQL, oq FEE REC'D: $ 4m 03 PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 5 l3 d'-I ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: C-xSCr-\ ON: 4 `I C) 75 DAY DEADLINE: 150 DAY DEADLINE: 'oZl MAIL OUT DAT-: STATE DUE DATE: FEDERAL DUE DATE: `I I°y FED CdMMENYS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Coastal•Management-LUP Consistency Division of Community Assistance ylo p Land Quality Section stj'S 0 y ✓ l f2— Division of Water Quality q(dc)q Cj�—[-1 .34�, 'S5'``� c^ 5 f v Storm Water Management(DWQ) State Property Office t4 w b Division of Archives&History � (--I Division of Environmental Health 5 (1 O Division of Highways 5 q L Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) COr�S {-buj dt'w'ln[a bc1 tI is Mn�G, Q �i]— fcrl�lx �o�. 4' I I� �� :; ,� �� , � � ) ,: �,. ;�, ;; ,� �-, i� J 1 '� 2 "' ��; i;�, t, � �, . . 1 -a ,�. i a (', r i ,� '. 1 I I i w �. � �L Permit# DCM Coordinator: MAILING DISTRIBUTION: ermite : ,/ Agent: DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCD ) Henry Wicker Others: Cultural Resources: Renee Gledhill-Earbzl-*" Environmental Health: Terry Pierce�✓� Marine Fisheries: Mike Street,ry/ NCDOT: Ken Pace 440'�-' / Shellfish Sanitation: Patty Fowler C/ ,,/ State Property Office: Joseph Hendersol� Water Quality: Cyndi Karoly(for non-DO'� John Hennessy(NCDOT) Water Resources: John Sutherlanik:e< Wildlife 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) CAMA Major Permit Process Nlanual Page 70 of 70 + ,; DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS P.O.BOX 1890 - WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: February 22, 2005 Regulatory Division Action ID No. 200400690 and State Permit No. 20-05 NC Wildlife Resources Commission 1720 Mail Service Center Raleigh, North Carolina 27699-1720 Dear Madam or Sir: Reference your application for a Department of the Army permit request to construct a public boat launching facility with 2 ramps, 3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall, riprap and rock sill with wetland plantings located on the southwest side of the Oyster Creek Bridge on Highway 70, in Davis, Carteret 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 approved plan (enclosed). 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 me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Regulatory Project Manager Wilmington Regulatory Field Office ' Enclosure Copies Furnished without enclosure: Mr. John Dorney Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh,North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section-Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Mr. Doug Huggett ✓ Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Ms. Tere Barrett, District Manager and Natural Resources Morehead City Regional Office 151-B,Highway 24 North Carolina Division of Coastal Hestron Plaza II Management Morehead City,North Carolina 28557 151-B,Highway 24 Hestron Plaza II Morehead City,North Carolina 28557 2 "d .,,ter—.1✓;J-�""_`//� ® North Carolina Wildlife Resources Commission Richard B.Hamilton,Executive Director January 21, 2005 , „� IIIMs. Tere Barrett, District Manager � J7 14 , DEHNR- Division of Coastal Management P9 151-B Highway 24, Hestron Plaza II JAN 2 4 2005 Morehead City,NC 28557 Morehead Uty UCM Re: Oyster Creek Boating Access Area- Major Development Permit Dear Ms. Barrett: Please find for your review a set of revised development drawings for the proposed Oyster Creek Boating Access Area in Carteret County on the Core Sound. The revised drawings should address permitting concerns. Thank you for your notification of the need for revised drawings. Please contact me at 919-715-3155 ext. 295 if you have any questions or concerns. Sincerely, Mark E. Cooney, Facilities Engineer NC Wildlife Resources Commission Division of Engineering Services 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 02 �oF wArF90 Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources O Alan W. Klimek, RE. Director Division of Water Quality November 30, 2004 Mr. Gordon Myers, Chief Division of Engineering Services NC Wildlife Resources Commission 1720 Mail Service Center Raleigh, NC 27699-1720 Subject: Permit No. SW8 040434 Oyster Creek Boat Access Area Redevelopment Stormwater Permit Carteret County Dear Mr. Myers: The Wilmington Regional Office received a complete Stormwater Management Permit Application?or Oyster Creek Boat Access Area on September 17, 2004. 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 040434, dated November 30, 2004, for the construction of the subject project. This permit shall be effective from the date of issuance until November 30, 2014, and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory 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 150E 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 either Linda Lewis or me at (910) 395-3900. Sincerely, Rick Shiver Regional Supervisor Surface Water Protection Section RSS/arl: S:\WQS\STORMWAT\PERMIT\040434.nov04 cc: Everette Knight, P.E., The Rose Group Carteret County Building Inspections Linda Lewis Division of Coastal Management Wilmington Regional Office Central Files North Caroline Division of Water Ouahly 127 Cardinal Drive Extension Phone(910)395-39W Customer SeMce1-877,623-6748 One Wilmington Regional OfOce Wilmington,NC 28405-M45 FAX (919)733.2496 Internet h2o.onrsiate.nc.us U hCAfQI IIIS An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper ;aturall ff 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 03 State Stormwater Mana lement Systems Permit Number SW8 040434 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT REDEVELOPMENT PERMIT 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 PERMISSION IS HEREBY GRANTED TO NC Wildlife Resources Commission Oyster Creek Boat Access Area 1300 US Highway 70, Davis, Carteret County FOR THE redevelopment of existing impervious surfaces and treatment of the runoff in a pervious concrete pavement system 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 Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until November 30, 2014 and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. The proposed built-upon area is 23,875 square feet, which is less than the 27,272 square feet that previously existed. Additionally, the post-construction peak flow from the 1 year-24 hour storm is less than or equal to the pre- construction peak flow. 2. To the extent practicable, the project has provided stormwater control measures in accordance with the stormwater rules. Those control measures are: a. Installation of 6 500 square feet of 8" deep pervious concrete pavement. b. A 30' vegetates buffer between the Mean High Water line and impervious surfaces (except for the immediate boat ramp area). 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The stormwater treatment device consists of 6,500 square feet of 8" concrete porous pavement laid flat. The site is graded such that the proposed built-upon area will drain across the porous pavement down into the pore spaces, and will then infiltrate into the ground underneath, eliminating a direct discharge to SA ORW waters. II. SCHEDULE OF COMPLIANCE 1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved ErosionControl Plan. 2. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 2 of 6 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 04 State Storrnwater Management Systems Permit Number SW8 040434 3. The permittee shall construct the stormwater control measures as shown on the approved plans. 4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: a. Semi-annual scheduled inspections (every 6 months): b. Sediment removal via vacuuming of the pore spaces in the porous ppavement. C. Mowin and revegetation of the vegetated areas. d. Immediate repair of eroded areas. e. Repair of porous pavement areas to maintain pore space and structural integrity, 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision acquisition, or sale of the project area. The project area is defined as tke property, in whole or in part, owned by the permittee, for which either a Sedimentation and Erosion Control Plan approval was sought or which required a CAMA Major permit. 6_ The Director may determine that other revisions to the project should require a modification to the permit. 7. 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. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. 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. 4. The issuance of this permit does not prohibit the Director from reopenin and modifying the permit, revoking and reissuing the permit, or terminating t9e permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 21-11,1000; and North Carolina General Statute 143-215.1 et. al. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any additions, deletions or redesign of the previously permitted amount of built-upon area proposed regardless of the size of the modification. 3 of 6 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 05 State Stormwater Management Systems Permit Number SW8 040434 6. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate for the type of permit being transferred. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Director approves the transfer request. 7. 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. 8. The permittee grants permission to DENR Staff to enter the premises during normal business hours for purposes of inspecting the facility. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 10. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit issued this the 30th day of November 2004 N7J�011/2n CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION --- ------------------------------- Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 040434 4of6 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 06 State Stormwater Management Systems Permit Number SW8 040434 Stormwater Project Number SW8 040434 Page 1 of 2 Oyster Creek Boat Access Area Carteret County Designer's Certification I, , as a duly registered_ _ _ _ in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (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. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date 5 of 6 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 07 State StOrmwater Management Systems Permit Number SW8 040434 Designer Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The porous pavement elevations are per the approved plan. 5. The porous pavement is located per the approved plans. 6. All vegetated slopes are grassed with permanent vegetation. 7. Vegetated slopes are no steeper than 3:1. 8. The permitted amount of porous pavement surface area has been provided. 9. All required design depths are provided. 10. All required parts of the system are provided. 11. The dimensions of the system are provided per the approved plans. cc: NCDENR-DWQ Carteret County Building Inspections 6of6 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 08 OFFICE USE ONLY pate Reeetved Foe Paid Pear*Numtvr a00'71c 00(— State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This hrm may be pha troop"for use as an original I. GENERAL INFORMATION 1. Appllcants name(_9peclfy the name or the corporation.Individual-etc.who owns the prolm. t.): North Carolina Wildlife Resources Commission 2. Print Owner/Signing Offlclal's name and title(person legally responsible for facility and compliance): Gordon S. Myers, Chid-Division of Engineering Services 3, Mailing Address for person listed In Item 2 above: 1720 Mail Service Center City. State; NC Zip: 27699;1720 TelephoneNvmber: ( 919 1 715-3155 4. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans, specifications,letters,operation and maintenance agreements,etc): Ovster Creek Boating Access Area 5. Location of project(street address): 1300 Highway US70 City._ Davis -- _ _-__-- _ County:_Canpret 6. Directions to project(from nearest major Intersection): From 1-40 take US70 into Morehead City. Follow US70 through Beaufort and continue to just north of Dais. Project site is,just before bridge over yd er Creek on the right. !. Latitude 34.818790 north Longitude; 76.45085°west_ _. . of project 8. Contact person who can answer questions about the project Name: Mark Cooney (NCWRC) Telephone Number, ( 919 719-3155 Ex[.295_ Il. PERMTT INFORMATION: 1, Specify whether project is(check one): —2L_,New Renewal Modification Form SWV-101 Versian 3.99 Pye I of 4 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 09 2_ If this application is being submitted as the result of a renewal or modification to an existing permit.Ilse the existing permit number and its issue date(if knownt 3. Specify the type of project(check one). Low Density -----High Density X Redevelop General Permit Other 4. Additional Project Requirements(check applicable blanks): _CAMA Major _Secitmentation/Erosion Control _404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at I.877-6al$74& IIL PROJECT INFORMAITON 1. In the space provided below,summarize how storirrwater will be treated. Also attach a detailed narratl ve (one to two pages)describing storntwater management for the project. TIc 1zIan indudgs two fa lures dosiimed to igtgEM all stnrmwater ftn timed surfaces and pass the drairteec to a previous pavement section for vertical dtsinnjte to soil below. Lateral cirairu We will pass through a constructed marsh sihmtcd between parking lot and estuarine waters. 2. Stormwater runoff from this project drains to the Cate Bound 4uYarbas'n 3. Total Project Area 1.85 acres 4. Project Built Upon Area: 29,6 5. How many drainage areas does the project have?_l_,.__ 6. Complete the following information for each drainage area If there are more than two drainage areas in the project,attach an additional sheet with the Information for each area provided to the same format as helow. Basin Information Dralnaige ea 1 Dralaage Area 2 Receiving Stream Name can soun& Receiving Streamm— ORW Drainage Area 80,586 s1 Exisung Im envious'Area 27 272 s.f. Pro sed Im rvioua`Area 23,975 a.f. 96 lot rvIous*Area(total) 29.6% Immpervlous Surface Area 5r~Area 1 Drainage Area 2 n-stte Bulldiags On-alto Streets 13,923 S1 On-site Parking 6,500 s.f. On-sne Sidswaiks 530 s.f. Other on-site 2,920 at Off-site Total 23,875 sl Total, Impervlaus area is defined at the built upon arias lnchx>ft but not kmi6sd te,bidlding¢i,roads,peridnq areas, sldewalb,grrvel areas,etc. Form SWU-)OI Vcroion 3.99 Pap 2 of 4 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 10 7. How was the off-site lmper lous area listed Above detwed? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANT'S The following Italicized deed restrictions and protective coverwlts are required to be recorded for all subdivisions,outpa;rvels and future development prior to the sale of any lot If lot Sizes vAry.rtgrnllle:ently,a table listing each lot number.size and the allowable bullt.upon area for each lot must be provided as an attachment. 1. The following Covenants an Intended to ensure ort 0149 ooaeplAIW with 8t9te,smrm weler ownegauent permit number as Inued by do Div[don of Water Quality. Tfrse covenants may not be changed or daktad without the m*Wt of the State. L. No more than aquas f8st of any lot Shad be cosered by structures or impervious ma trrials. Itupervious filM lals Include asphalt gravel,normYtte,h",Ame,Slate or similar material but do not Include wood decking or the►eater suchot al swimming pools. 3. Shales shall not be filled in,pd ped,or akmd except as naaaesruy ra prov0p driveway crossings 9. Buff"POn arse In W40M of the permitted amount requires a state storm Wat w managmentpermit modif4cstlon prior m ainstrvction 5. All permitted runoff from eutpartt11 or tuame dev kpmeot atoll be directed lntb rho permitted storm water control system. 7bme Connections to the stwmwater control sysetta shall bo perbrmed in a mamer char maintains the integrity and performance of the system as perarltted. By your slgruture below,you certify that the recorded deed restrictions and Protective covpnent,;flit this project shalt include all the applicable Items required above,that the oovenants will be binding on all parties and persons claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted without concurrence from the State,and that they will be recorded prior to the sale of any lot V. SUPPLEMENT FORMS The applicable state srormwater management permit supplement form(s)listed below must be submitted for each BMP speckled for this project Contact the Stormwater and General Permits Unit at(919)733.5(W for the status and availability of there forms, Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU•105 Curb Outlet System Supplement Corm SWU,106 Off-Site System Supplement Form SMI 107 Underground Innitratlon Trench SupplaTnent Form SWU-1o8 Neuse River Basin Supplement Form SWU 109 Innovative Best Management Practke Supplement (FORM N()I Ar'r1IL^B L E) Form SWiJ-J 0I Verxion 3.99 Pala 3 of 4 01/21/1995 00:55 919-715-7643 NC WILDLIFE RES COMM PAGE 11 VI. SUBMITTALREQUIREyENTS Only complete application packages will be accepted and reviewed by the Division of We ter Q uallty(DWQ). A complete package includes all of the items Ilatod blow. 7be complete application package should be submitted to the appropriate DWQ Regional 0111ce. I. Please Indicate char you have provided the fnllowtng required Information by initialing in the.space,provided next to each Item. Initials • Original and one copy of the Stormwater Management permit Application Form N{,- • One copy of the applicabie Supplement Form(s)for each BMP • Permit application processing fee of N20(payable to NCDENR) —SR k -- • Detailed narrative description of stonmwater trtatment/managetnent • Two copies of plans and specifications,including —C i- DevelopmenvTroject name Engineer and Rrm -Legend North arrow Scale Revision number&date Mean high waterline Dirnensioned property/project boundary Location map with named streets or NCSR aurri ers Orlglnal contours,proposed contours,spot elevations.finished floor elevations Details of roads,drainage features,collection systems,and stormwater control measures -Wetlands delineated,or a note on plans that none exist EXIsttng drainage(Including oft-site),drainage easements,pipe sizes,runoff calculations Drainage areas delluealed -Vegetated buffers(where required) V11. AGENT AUT14ORIZATION If you wish to designate authority to another Individual or ftrm so that they may provide Information on your behalf,please complete this season Designated agent pndlvldual or firm): Evrselte H.Knigh-jet Roac ,Tours•far, Malling Address, 621-101Hr wtStrs>!r _ City._ Raleigh State:--NC- Zip. `27606 Phone- I 919 1 829-n555 _ Fes; t_ 919 ) 929-9335 VI11. APPLICANTS CERTIFICATION I,(print a type name 01persorr gad In Cenmal Irdarmom,item 2) Gordon S. Myers cer"N that the Information included on this permit application form is,to the best of my knowledge,correct and that the project will be constnicted In mnforrnanee with the Approved plans,that the required deed restrictions and protective covenants will be reco and that the proposed project complies with the requirements of 15A NCAC Zlf.1 Signature' Date' t>4 ENGINEERING 3 CMEF Form SWU-101 Version 3.99 Pagr,4 of 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 = August 3, 2004 Regulatory Division Action ID No. 200400690 RECE1VED AUG 0 9 2004 DIV.OF COASTAL MANAGEMENT Mr. Doug Huggett RALEIGH Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of the North Carolina Wildlife Resources Commission for a Department of the Army permit to construct a public boat launching facility with 2 ramps,3 access docks,2 breakwaters,shoreline stabilization in the form of a retaining wall,riprap and rock sill with wetland plantings located on the southwest side of the Oyster Creek Bridge on Highway 70,in Davis, Carteret County,North Carolina The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans,which are a part of this permit. 2. No excavation or filling of waters of the US will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. 3. No excavated or fill material will be placed at any time,in any marsh or surrounding waters, outside of the alignment of the fill area indicated on sheet 9 of 9, of the proposed site plan. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations on the authorized facilities. -2- 5. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6. This permit does not authorize the interference with any existing or proposed Federal project,and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 7. 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. 8. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 9. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 10. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 13. Breakwater walls shall pose no threat to navigation. 14. The height of the breakwater shall not exceed 6 inches above mean high water. 15. Permanent reflectors must be attached to the outside of the breakwater walls to make them more visible during hours of darkness or inclement weather. 16. Concrete slabs must be formed,pored and hardened on high ground and pushed or placed in the water after hardening. -3- 17. 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 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 or alteration. 18. The West Indian manatee(Trichechus manatus), which is listed as a federally endangered species,has been reported in the waters near this site. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. Should you have any questions or comments,please contact the undersigned at (910)251-4930. Sincerely, Henry Wicker Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): Mr. Ted Tyndall,District Manager Morehead City Regional Office N.C. Division of Coastal Management 151-B Highway 24-Hestron Plaza Il Morehead City,North Carolina 28557 August 2, 2004 Regulatory Division Action ID No. 200400690 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of the North Carolina Wildlife Resources Commission for a Department of the Army permit to construct a public boat launching facility with 2 ramps,3 access docks,2 breakwaters,shoreline stabilization in the form of a retaining wall,riprap and rock sill with wetland plantings located on the southwest side of the Oyster Creek Bridge on Highway 70,in Davis, Carteret County,North Carolina The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans,which are a part of this permit. ? 2. No excavation or filling of waters of the US will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. 3. No excavated or fill material will be placed at any time,in any marsh or surrounding waters, outside of the alignment of the fill area indicated on sheet 9 of 9, of the proposed site plan. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations on the authorized facilities. 5. The temporary placement or double handling of excavated or fill materials within waters or Y vegetated wetlands is not authorized. 6. This permit does not authorize the interference with any existing or proposed Federal project,and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 7. 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. 8. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 9. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 10. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 13. Breakwater walls shall pose no threat to navigation. 14. The height of the breakwater shall not exceed 6 inches above mean high water. 15. Permanent reflectors must be attached to the outside of the breakwater walls to make them more visible during hours of darkness or inclement weather. 16. Concrete slabs must be formed,pored and hardened on high ground and pushed or placed in the water after hardening. 2 17. 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 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 or alteration. 18. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters near this site. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines,entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4930. Sincerely, Henry Wicker,Project Manager Wilmington Regulatory Field Office Copies Furnished: Mr. Ted Tyndall,District Manager Morehead City Regional Office North Carolina Division of Coastal Management 151-B Highway 24 Hestron Plaza II Morehead City,North Carolina 28557 3 s l ECEIVED ' JUL 2 9 2004 ` DIV.OF COASTAL MANAGEMENT MLEIGH ® North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director July 26, 2004 Mr. Henry Wicker, Project Manager United States Army Corps of Engineers Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, NC 28402-1890 Re: Oyster Creek Boating Access Area, Carteret County, NC (Action ID#200400690) Dear Mr. Wicker: This letter provides the comments and proposed resolutions of the North Carolina Wildlife Resources Commission (NCWRC) in response to anticipated adverse environmental impacts of the Oyster Creek Public Boating Access Area Project as presented in your letter and enclosures dated July 12, 2004. It is our intention to satisfy the concerns of the United States Fish and Wildlife Service (USFWS) and incorporate their recommendations into our project. Dr. Garland Pardue's comments were insightful, thorough, and provided practical recommendations which will directly enhance our commitment to environmental stewardship. NCWRC would like to provide the following comments and proposed resolutions to minimize the adverse environmental impacts of the proposed Oyster Creek Boating Access Area: 1. North Carolina Division of Coastal Management recommended gaps in breakwater/groin structures- Our current groin/breakwater design incorporates 2 inch cuts in the vinyl sheet piling spaced at 2 foot intervals as detailed on the proposed fixed dock & breakwater profile on sheet 7 of the project plans. The proposed gaps of 2 inches spaced at 2 foot intervals has proven more practical due vinyl sheet piling dimensions and construction practices. 2. Drop-Downs incorporated into the 258 foot stone sill- The implementation of concrete pipes in lieu of drop-downs was to address concerns that the drop-downs would not adequately decrease the wave energy created by the 4 mile fetch across Core Sound to prevent scouring. The secondary benefit of the concrete pipes would be to provide passage for large, mobile organisms during low water conditions which may not be available with the use of drop-downs sections. We propose to remove the concrete pipe and incorporate the recommended alternative of overlapping sections into our stone sill design. The introduction of two separate overlapping structures near the ends of the stone DIVISION OF ENGINEERING SERVICES Mailing Address: 1720 Mail Service Center - Raleigh,NC 27699-1720 Office Location: 512 N. Salisbury Street - Raleigh, NC - Telephone: (919) 715-3155 - Fax : (919) 715-2380 2 sill will consist of discrete sections parallel to the shore, but offset with some overlap. The overlapping sections will be positioned in the best location to protect the shoreline from prevailing seas and winds. Each section will have a minimum of a 13 foot gap width which should satisfy the ten percent gap recommendation. We feel confident that this recommended alternative will prevent scour and provide for the beneficial passage of large, mobile organisms. 3. Placement of sand fill in the area behind the stone sill- Our stone sill design, which details the placement of sand fill behind the stone sill, is based on a design provided by the North Carolina Coastal Federation. It is our understanding that the use of sand fill behind the stone sill is to provide suitable substrate material for the establishment of planted marsh grasses, especially in areas where erosion has removed all suitable material. The Oyster Creek project site has experienced severe shoreline erosion from previous major storm events which warranted the placement of large rip rap. Our design will replace the majority of the large rip rap with the stone sill and planted marsh grasses. Until the marsh . grasses have sufficient time to become established in order to minimize wave energy, the project will be at risk to erosion during future storm events. We concur that the natural fringe marsh encroachment process provides the best method for creating and maintaining a healthy fringe marsh. However, we feel that substrate material augmentation is warranted to enhance the timely development of planted marsh grasses in order to prevent erosion during storm events. We proposed to use sand augmentation in areas of the planted marsh which exhibit poor soil condition in efforts to expedite its development and stability. On July 23, 2004, we contacted Mr. Howard Hall, USFW Ecological Services, to present our proposed resolution of sand augmentation. Following their review, USFW Service responded to state that they did not oppose the addition of a thin layer of substrate material to facilitate marsh establishment. 4. Reduction of Impervious Surface- NCWRC is currently working with the North Carolina Division of Water Quality Section to implement an experimental pervious pavement design in an effort to reduce the impervious surface area to below 25 percent and to minimize adverse impacts to water quality. We have employed the services of The Rose Group Consultant Engineering Firm, specifically Dr. Rooney Malcom, PhD., P.E., to assist us in the design of a 6,000 square feet pervious concrete section that will accept runoff from nearly all paved surfaces in a storm of 4.5 inches of rainfall in 24 hours, the two year storm. There will be no surface runoff to the estuary except from the portion of the boat ramp that slopes to the water. Lateral subsurface movement of runoff will move through the constructed marsh before entering the estuary. The intent of the design is to provide the combined treatment of runoff through the pervious concrete and planted marsh which should simulate a natural filtering process. Because of the innovative nature of the pervious concrete and constructed marsh, it is proposed to establish a long term monitoring program to observe the behavior of the system through time and a maintenance plan to ensure the long term serviceability. 5. Re-vegetation of abandoned alignment of US 70 Highway with Native Vegetation- NCWRC proposes to implement the recommendation to use native vegetation to re- establish vegetation following the removal of the asphalt pavement associated with abandoned section of US 70 Highway. We propose to re-vegetate this area with native grasses. Native grasses will not only minimize the need for fertilizer, pesticides, and/or 3 herbicides but also minimize maintenance requirements while providing cover and food for North Carolina's native wildlife. Our plants would include a combination of several native grasses, such as bluestem, wiregrass, switchgrass, and indiangrass which are suitable for the coastal plain region conditions. Also, we are considering the use of wildlife plots in unused portion of the access area to enhance food and cover opportunities for wildlife and to reduce maintenance requirements. NCWRC acknowledges that pile-driving operations associated with this project pose a risk to the Western Indian Manatee, a federally-endangered mammal. We also acknowledge the occurrence record of manatees in Core Sound near Davis. USWFS-developed guidelines will be used to ensure that all construction personnel are informed that manatees may occur in the work area, that work should cease if a manatee approaches the work area,work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. We anticipate that the project construction will be performed during the winter 2004-2005 which should reduce the risk to manatees. Thank you for the opportunity to provide comments and resolutions to anticipated adverse environmental impacts during your review of our proposal. The comments and recommendations have made significant contributions to minimizing the impacts of this project and support the merit of the permit application review process. Sincerely, Mark E. Cooney Facilities Engineer NC Wildlife Resources Commission cc: Dr. Garland Pardue, U. S. Fish and Wildlife Service Ms. Kristie Corson, N. C. Division of Coastal Management Ms. Tracey Skrabal, N. C. Coastal Federation, Wilmington NC Mr. Daniel Cabe, P.E., N. C. Wildlife Resources Commission NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P, Pate Jr., Director William G. Ross Jr., Secretary Memo To: Doug Huggett Major Permits Processing Coordinator From: Patricia L.Murphey Marine Biologist II Thru: Mike Marshall Central District Manager Date: 7/19/2004 Re: NCWRC-Oyster Creek Boat Access Area,Carteret County,NC The NC Division of Marine Fisheries(NCDMF)has reviewed the permit application and would like to state that it is concerned about the proposed 12-inch diameter concrete pipes located in the low-profile stone sill because of the possible reluctance of fish and other organisms to pass through them. NCDMF would like to suggest reducing the height of the sill and/or adding gaps to the sill. On e N Carolina 3441 Arendell Street,P.O.Box 769,Morehead City,North Carolina 28557 Naturally Phone: 252 726-7021 \FAX: 252 726-6062\Internet:www.ncdmf.net An Equal Opportunity/Affirmative Action Employer—50%Recycled\10%post Consumer Paper A14 Michael F. Easley,Governor Director V�, u u, f, ;Jr., S�crciary June 21, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Post-it®Fax Note 7671 Date at n pages► To k From Mark E. Cooney Co./Dept. Co. NC Wildlife Resources Commission Phone# Phone# _ai3 x all 1720 Mail Service Center Fax# .T t 1 Fax# Raleigh, NC 27699-1720 Dear h fir. Cooney: This letter is in response to your appiiL�ation request under the Cv i�ai ��1�a i�i ina�cm.i�t Act (CAMA) to construct a public boat ramp facility and associated structures adjacent to Oyster Creek at Core Sound in Carteret County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on March 24, 2004, is ongoing. During the multi-agency review of this permit application, the NC Division of Water Quality (DWQ), Stormwater Management Section has determined that your proposed project will require a stormwater permit. Please provide this office with a copy of,the Stormwater Permit for this project. You will be given three working days to respond to this request for additional information from date of transmittal of an e-mail or fax, or five working days from date of mailing. If you provide the copy of the Stormwater Permit within the required time, DCM staff will resume processing the application and the processing clock will not be suspended. If you have any questions concerning these matters, please feel free to contact me by telephone at(919) 733-2293, extension 247 or email me at kristie.corson@ncmail.net. .i' Sincerely, KLA� -4.O-0050r) Kristie F. Corson Assistant Permits & Consistency Coordinator cc: Tere Barrett,Morehead City 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper JUL. 12.2004 3:37PM USAED WILMINGTON NO.867 P.2 United States Department of the Interior FISH AND WILDLIFE SERVICE Ralelgh Field Office �f", I. f�'' i" I.�,", Fog Office Sox 33726 Raleigh,North Carolina 276*3726 June 18,2004 J U N z 1 �Qa� ULLffco),7LMr, a Wicker j1YU. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington,North Carolina 28402,1890 Subject; Action ID #2004.00690,North Carolina Wildlife Resources Co=aission, Oyster Creek Boat Access Area, Carteret County,NC Dear Mr.Wicker; This letter provides the commepts of the U. S, Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated June 4, 2004, The applicant,North Carolina Wildlife Resouices Commission(NCVvRC)., has applied for a Department of the Army (DA)permit to build a boating access area (BAA) at the confluence of Oyster Creek and Core Sound in Carteret County. The proposed work is being considered under Regional General Permit#198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act(CAMA). These eomments'are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat, 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your detemination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review(33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act(ESA.) of 1973, as amended(16 U.S.C. 1531-1543). Proposed Action The PN contains the Field Investigation Report(FIR), dated April 21,2004, of the North Carolina Division of Coastal Management(NCDCK. The FIR states that the proposed launching facility wo-pld consist of two concrete boat ramps, both 15 feet by 68 feet, which would extend 50 feet waterward from the normal high water (NHW) contour into Core Sound. There would be two fixed docks and orie floating dock, Breakwaters, or groins, would be constructed at the outer edges of the three docks, A 54.5400t retaining wall would be built on the north Side of the ramps to connect to the existing abutment of the Highway 70 Bridge over Oyster Creek. Riprap would be placed along 3 8 feet of shoreline south of the ramps, South of the riprap a low profile rock sill would be constructed. The sill would be 258 feet long, have a base width of 6.5 feet,be an average of 15 feet offshore, and have a crest elevation of 1,5 feet above mean low water. The sill would enclose 3,870-sgt;are feet(R2). Some sand fill would be placed in the enclosed area and marsh vegetation would be planted. At 20400t interval along the sill,twelve,inch concrete culverts would be installed to "allow for fish passage without enhanping the problem of scour." JUL. 12.2004 3:39PM USAED WILMINGTON NO.867 P.3 2 Anticipated Impacts The FIR States that construction of the boat ramps, breakwaters, sill, and riprap placement would fill 8,504 fe of shallow estuarine bottoms. The three docks would shade an additional 1,Q32 ft'. The work,would not impact areas of submerged aquatic vegetation, The amount of impervious Surface within the Coastal Shoreline Area of Environmental Concern (AEC)will influence water quality in Oyster Creels and Core Sound. The Service is pleased that The NCWRC would remove the asphalt pavement of the old US Highway 70 and plant this area with grass. The proposed work would have 23,716 ftz of impervious surface, or 29.4 percent of the overall tract of 1.85 acres (1.38 plus 0,47 included by an encroachment agreerncnt with the North Carolina Department of Tra:nsportation), Federally Protected species The Service has reviewed available information on federally-threatened or endangered species known to occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage Program(NCNBP) database which contains excellent data on the special status species,both federal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USG$). Data from USGS quads provide the most project-specific information on species which should be considered im permitting this project. The project area is in the Davis quad, The occurrence data of special status species within this quad can be obtained on the internet at<http://www.nesparks,net/nhp/quad.html>, Our review indicates that the only federally protected Species likely to occur in the project area is the West Indian manatee (Tricheehus manargq), a federally-endangered mammal, The species has been reported from Carteret County and there is an occurrence record in Core Sound near Davis, south of the project site. The shallow, estuarine waters of the project area may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina,primarily from June through October. Manatees may occupy waters one to two ureters (3.3 -6.6 feet) deep. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely deterrrrine the likelihood that it will be presence at a particular construction site. ' Based on information in the PIR(DCM-MP-1, 3a) construction would require"pile driving equipment on barges." Project diagrams indicate that the watezward portion of the breakwater/groins would be in water greater than three feet deep. Pile driving during construction poses a risk to manatees. To protect manatees in North Carolina, the Service developed guidelines entitled"Precautions for General Construction in Areas Which May lie Used by the West Indian Manatee in North Carolina." These guidelines address all types of in.water construction, except blasting, and should produce little, if any, additional expense, The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area,that work should cease if a manatee approaches the work area,work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. These guidelines are available on our web site at<h ://nc, es.fws.aov/mar.mal/znanatee�Aii4deli=es,;pc fl, The risk to manatees could be reduced to an JUL. 12.2004 3:39PM USAED WILMINGTON NO.867 P.4 3 acceptable leyel by the implementation of the service's guidelines. The risk would be further reduced by performing the work during the period of November through May. With the inclusion of our manatee guidelines,the Service would concur with a dete=ination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. However, the requirement of section 7 would need to be recon$idered if. (1)new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2)this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Service Concerns and recommendations The Service supports increased access for recreational fishing and it is apparent that the 13AA was designed to minimize adverse environmental impacts. The Service is pleased that asphalt pavement associated with the old US Highway 70 would be removed and the area planted with grass. The reduction of impervious surface from 33.84%to 29.4%will benefit water quality in adjacent waters. However,we believe additional measures could be incorporated into project plan to further benefit fish and wildlife resources. First,the Service supports the recommendations of the NCDCM regarding gaps in the breakwater/groin structures, The NCDCM recommended that these structures have equal gaps between each sheathing board totaling at least one inch of open area for every linear foot Pf breakwater. Such openings would serve to prevent the trapping of sediment which can lead to shoreline recession in other areas. Second, areas of reduced height, or drop,downs along the 258,foot stone sill may be more beneficial for the passage of large, mobile organisms than the proposed 12,inch�diamter concrete pipes, We appreciate the effort to indent the sill at culvert location, from 6.S feet to ho more that four feet,to allow for"day lighting" of the culverts.' However, some organisms may be reluctant to pass through the concrete pipes. The culverts are proposed instead of drop-downs to reduce the problem of scouring. The proper use of filter Fabric, stone$ large enough to resist displacement, and the correct slope to absorb wave energy should minimize the risk of scour, The current proposal calls for one 12-inch culvert at 20-foot intervals, or roughly five percent of the sill length, The Service recornmends that at least ten percent of the overall sill length consist of gaps. As an alternative to drop-down along the sill,the structure could consist of discrete sections parallel to the shore,but offset with sortie overlap. The overlapping sections would allow an indirect couuectiou between the marsh and Core Sound. Third, the Service does not Support the placement of sand fill in the area behind the sill. Based on project diagrams, this area is currently within the iuteztidal zone, an area suitable for a fringe marsh. Project diagrams also show a natural fringe marsh southwest of the area that would be planted. The current profile appears suitable for the expansion of the existing fringe marsh. A natural expansion could augment the proposed planting of marsh vegetation. Pegardless of the origin of the fringe marsh, once it is established, the,plants will build a tough root mat which will trap.organic matter and built in thickness. This natural process provides the best methods for creat}ng and maintaining a healthy fringe marsh. JUL. 12.2004 3:39PM USAED WILMINGTON NO.867 P.5 M- 4 Fourth,while the overall result of the project would be a reduction in impervio46 surface, every effort should be made to reduce impervious Surface. Both,Core Sound and Oyster Creek have water quality classifications of SA-ORW(Outstanding Resource Waters. Current state regulations limit new construction on the shoreline of ORW to 25 percent coverage, but make exceptions for redevelopment such as the present proposal. In this regard, the Service recommends that landscape blocks be considered for areas such as the sidewalk and concrete apron landward of the ramps, Such blocks, also referred to as infiltration blocks or modular paving blocks, create a fug Surface but minimize the amount of impervious area, allow vegetation to grow, and allow precipitation,to infiltrate into the subsurface soil. The open portion of the blocks reduces runoff volumes. Surface vegetation growing in the open'portions will trap some sediment andmutrient'frorn swface runoff, Stich blocks should also be considered for the access road,parking area, and maneuvering area which together represent approximately 20,000 ft . Fifth,the proposed re-vegetation of the abandoned alignment of US Highway 17 should use native vegetation. Plants should be adapted to the soils and hydrology of the area to minimize the need for fertilizer,pesticides, and/or herbicides, Overall, the service supportp.the creation of the proposed BAA. We do request that the coordinated federal position recommend the five points outlined above. These measures would Serve as an example for similar project by private interests, The service appreciates the opportunity to comment on this permit application. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position, please contact Howard Hall at 919456-4520, ext. 27 or by e-mail at<howard_hall@fws.gov>. Please provide this office with a copy of the coordinated federal position, if one is developed. Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc; Ronald Mikulak US EPA, Atlanta, GA Roc. Secbler,NMFS, Beaufort,NC Mike Street,NC Division of Marine Fisheries, Morehead City,NC Maria Tripp, NCWRC, Washington, NC John Dorney,NC Division of Water Quality, Raleigh,NC Ted Tyndall,NC Division of Coastal Management, Morehead City,NC Tracy Skrabel,North Carolina Coastal Federation, Wilmington, NC 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: K O na June 7, 2004 -r -rt, +K Regulatory Division Y Action ID No. 200400690 JJUUN 2 9 2004 ne tit North Carolina Wildlife Resources Commission 1720 Mail Service Center Raleigh, North Carolina 27699 Dear Sir or Madam: On July 24, 2000, 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 request to construct a public boat launching facility with 2 ramps, 3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall, riprap and rock sill with wetland plantings located on the southwest side of the Oyster Creek Bridge on Highway 70, in Davis, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers Harbors Act, has been assigned Action ID No. 200400690 will be coordinating your permit application with other Federal agencies. You may contact me at (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): /Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Ted Tyndall,District Manager Morehead City Regional Office North Carolina Division of Coastal Management 151-B, Highway 24 Hestron Plaza H Morehead City, North Carolina 28557 2 A�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 June 7, 2004 ATTN: Mark Cooney, Facilities Engineer NC Wildlife Resources Commission 1720 Mail Service Center Raleigh, NC 27699-1720 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a free boat launching facility on the property located adjacent to Oyster Creek at Core Sound, in Davis, Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 21, 2004, 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 (919/733-2293 ext. 247) or e-mail (kristie.corson @ncmail.net). Very sincerely, Kristie F. Corson Asst. Major Permits/Consistency Coordinator cc: DCM, Morehead City 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—500/6 Recycled\10%Post Consumer Paper DEPARTMENT OF THE ARMY RECEIVED WILNIINGTON DISTRICT,CORPS OF ENGINEERS P.O.BOX 1890 JUN Q 9 ?UU4 WILNIINGTON.NORTH CAROLINA 28402-1890 REPLY TO KOFC01M,_ A ATTENTION OF: fL �l�aY7 Regulatory Division II ` I /� Action ID. a oD y D6 Applicant: I ( J VtnU �l�l WC (�fSdU;rcfl ��yntsrt� Waterway: d County: Type Work: Mr. Ron Sechler Commanding Officer National Marine Fisheries United States Coast Guard ` Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J.Mikulak, Chief Without enclosures Wetlands Section-IV Water Management Division Mr.Doug Huggett U.S.Environmental Protection Agency Division of Coastal Management 61 Forsyth Street, SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 1638 Mail Service Center Mr. Garland Pardue,Field Supervisor Raleigh,North Carolina 27699-1638 Fish and Wildlife Enhancement U.S.Fish and Wildlife Enhancement Post Office Bog 33726 YY1j Regional Office Raleigh,North Carolina 27636-3726 Division of Coastal Alanagement NC Department of Enviornment,Health Commanding Officer and Natural Resources United States Coast Guard - i �' - Marine Safety Office K6r6k2oA 61, Ss7 721 Medical Center Drive Suite 100 Wilmington,NC 28401 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston,South Carolina 29412-9110 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement,a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. S' cerely, P A t Vv Henry Wi er,Project Manager Wilmington Regulatory Field Office Enclosure 1 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: Maureen Meehan,DCM Morehead City District Planner Date: May 19, 2004 Subject: Major Permit Application, Requested by the NC Wildlife Resources Commission to construct a public boat launching facility consisting of 2 ramps, 3 access decks, 2 breakwaters, shoreline stabilization, and wetlands planting on property located on the southwest side of the Oyster Creek Bridge on Highway 70 adjacent to Core Sound, in the Community of Davis, Carteret County,North Carolina. LUP Consistency Determination: The proposal is Consistent With&Not in Conflict with the 1996 Carteret County Land Use Plan certified by the CRC on November 19, 1999,provided that all applicable local, state, and federal development guidelines are met. Overview: Areas of Environmental Concern (AEC's) impacted by the proposal include Public Trust, Estuarine Shoreline, and Estuarine Waters. The Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. The Carteret County Land Classification Map designates the subject property AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Carteret County supports the use standards for estuarine,public trust and OR wasters as specified in 1 SA NCAC 7H.0207. "(Section IV Marine Resource Policy (a), pg. IV- 14) " Carteret County supports the development of additional estuarine and ocean shoreline access areas to ensure adequate shoreline access within all areas of the county". (Section IV Recreation Resources Policy(b),pg. IV-12) "Carteret County supports the state's shoreline access policies as set forth in NCAC Chapter 15, Subchapter 7M. " (Section IV Estuarine Access Policy,pg. IV-19) Cc: Ted Tyndall John Thayer Katrina Marshall 151-B Hwy. 24, Hestron Plaza II, 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 OF WATF9 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources COOP i Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 12, 2004 RECEIVED NC Wildlife Resources Commission MAY 13 2004 Attn: Mark E. Cooney, Facilities Engineer 1720 Mail Service Center I1VOCOAMLYMAGE Raleigh,NC 27699-1720 RALOGH SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Construction of boat launching facility, breakwater and wetland planting DWQ Project#040677 Carteret County Dear Mr. Cooney: You have our approval, in accordance with the attached conditions (WQC#3400)to conduct the following activity on the southwest side of Oyster Creek area of Core Sound in Davis, Carteret County. This approval allows you to: 1. Construct two(2)concrete boat ramps, a 50' X 20' concrete skirt along the high ground side of the ramps, and two(2) fixed docks with a float in the middle; 2. Place two(2)breakwaters on the outside edges of the fixed docks, a retaining wall landward of all coastal vegetation and approximately 38' of rip rap on the south side of the ramp: 3. Construct a 258' rock sill an average of 15' offshore. The rock sill will have 12"culverts approximately 20' intervals for fish passages. Sand fill will be placed behind the rock sill (3870 so with the planting of coastal wetland species; 4. Construct parking spaces,a turning area and walkways on high ground. This approval is only valid for the purpose and design that you described in your completed CAMA application received by the Division of Water Quality(DWQ) on April 24, 2004. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control,Non- Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your completed CAMA Major Permit application received by the Division of Coastal Management on March 24, 2004. If you change or modify your project,you must notify the Division (DWQ)in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying Aith all conditions. If XKVI N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service F+ Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 Page Two :ETC Wildlife Resources Commission +' DWQ Project#040677 May 12, 2004 total wetland fills for this project(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 211 .0506 (h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC, 27699-1650; 2. No waste, spoil, solids,or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards,statutes, or rules occur, 3. During the filling behind(landward) of the sill for the coastal wetland creation area, sediment curtains shall be installed as needed in order to prevent violations of state water quality standards. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#040677 under Section 401 of the Clean Water Act. If you have any questions.please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900. Sincerely, Alan W. Klimek,P.E., Director Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker WiRO 40l/Wetland Unit, Central Office—Cyndi Karoly CAMA—Tere Barrett CAMA Raleigh—Doug Huggett Central Files d A � y� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DMSION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY May 10, 2004 1.r Mr. Doug Huggett, Major Permits Processing Coordinator ' ■ EC North Carolina Department of Environment and Natural Resources MAY 1 Division of Coastal Management 9 2004 1638 Mail Service Center AV.OFCOA%"AL41e Raleigh, North Carolina 28699-1638 ►+AG RALUUH Subject: CAMA Permit Application - Construct Public Boat Launching Facility with 2 Ramps, 3 Access Docks 2 Breakwaters, Shoreline Stabilization in the Community of Davis in Carteret County Mr. Doug Huggett, The permit application was submitted to this office for review. Find attached the completed form as requested. This agency does not object to the project as proposed'provided a proper access permit is ©bainedTrom-the NC DOT. It occurs a adjacent to the highway right of way and should have minor highway impact. Should you have any questions or need additional information, please advise. My number in the New Bern district office is (252) 514-4716. Sincerely, 40068M cv_ . Aaron C. Everett District Engineer ACE/rrf attachment Copy: Roberto Canales, P.E., Chief Engineer's Office-w/attachments Dwayne Alligood, P.E., Division Maintenance Engineer-w/attachments Shelly Heath, Roadside Environmental Unit- w/attachments David Livingston, County Maintenance Engineer- w/attachments Division Two•District Two•209 S. Glenburnie Road•New Bern,N.C. 28560 9 Phone(252)514-4716 Land Management Group, Inc. Environmental Consultants Post Office Box2522 Wilmington, Forth Carolina 28402 Telephone:910-452-0001 Main Office: Branch Office: Suite 15 P.O. Box1120 Downey Branch Office Park 504 Croatan Street 3805 Wrightsvi!!e Avenue May 6,2004 Manteo, NC 27954 Wilmington, NC28403 Phone:252-473 3400 Ms. Kristie Corson NC Division of Coastal Management 2728 Capital Boulevard, Parker-Lincoln Building Raleigh, NC 27604 RE: Queens Point Dredging Project—Environmental Assessment Middle Sound Rd., New Hanover County (NC) Dear Kristie: f Per your correspondence dated February 61h(2004),Land Management Group, Inc. (LMG)has updated the Environmental Assessment(EA)for the above-referenced project. The updated EA incorporates your comments/recommendations as outlined in the February 61h letter. Specifically, the document now includes: (1) Updated cover page; (2) Project description at the beginning of the document(p.1); (3) Description of the extent and nature of shellfish resources and assessment of potential disturbance to any shellfish resource(pp. 11-12; 17-18; and Appendix F); (4) Cross-section and plan view drawings of disposal area(Appendix A); (5) Description of existing upland land use and future development activities(pp.6&15); (6) Details of dock expansion and maintenance dredging(pp. 1 and Figure 3); (7) Discussion of cumulative effects on improved navigation adjacent to project area(p.2); (8) Essential Fish Habitat(EFH)report(Appendix E); (9) Evaluation of potential disturbance to federally-threatened and endangered species(pp. 13-14 &19-20). 1 have enclosed 13 copies of the updated document so that you may initiate the Departmental review process. If you have any questions or comments regarding the enclosed EA,please contact me at(910) 452-0001. Thank you for attention to this project. Sincerely, Christian Preziosi Environmental Scientist encl. {2 AHR W� 2004 %b NCDENR North Carolina Department of Environment and Natural Resour N ' Q-'.A 0 ' Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary April 21, 2004 MEMORANDUM: TO: Renee Gledhill-Early ����� NC Department of Cultural Resources D Archives &History Building JUN 0 7 2004 FROM: Doug Huggett W.4 � Major Permits Processing Coordinator Idw SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth bomments with supporting data is requested.. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This ncy objects to the project for reasons described in the attached comments. SIGNED K""_ �I./1 6�, DATE 6 ,V-1el 151-B Hwy. 24, Hestron Plaza II, M rehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-3�aQ 1,Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper APR 2 8 2004 ; 11' iFpk)Idletl.e�fCC ablilCli�.= NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. ,ibises, Director William G. Ross Jr.,Secretary April 21, 2004 APR 23 2004 MEMORANDUM: TO: John Sutherland DIVISION OF WATER RESOURCES NCDENR—Division of Water Resources Water Planning Section RECEIVE FROM: Doug Huggett t`. ,JUN 1 6 2004 Major Permits Processing Coordinator �LOF COAMM MAG ` RALMH SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HAW 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 4 1r 61 V 151-B Hwy. 24, Hestron Plaza II, Morehead City, Worth Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ,1t111��'4"" '"'i r.. . . .... ..._.......i„...,..... +w>..as Nrr'11r►i�s,,, .. .. NCDENR North Carolina Department.ot.Eavironment and Natural Resources Division of Coastal Management Michael F.Easley, Govemor Charles S. Jones, Director William G.Ross Jr.,Secretary April 21, 2004 RE ED JUN 0 4 2004 MEMORANDUM: WOM AOM' TO: Bennett Wynne NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11,2004. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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 approves of the project only if the recommended changes are incorporated. See attached. .st This office objects to thpproject for reasons described in the attached comments. SIGNED DATE74 151-B Hwy.24, Hestron Plaza II, Morehead City, North Carolina 28557 .Phone: 252-808-28081 FAX: 252-247:333-0.1intemet: www.nccoastalmanaaement.net PUMA RECEIVLWD NCDENR APR 2 8 2004 North Carolina Department of Environment and Natural Resources -4V.OFC0A Division of Coastal Management PALMH G Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary April 21, 2004 D 2 C E MEMORANDUM: APH 2 TO: Joe Henderson NC Department of Administration DOA STATE PROPERTY OFFICE State Property Office FROM: Doug Huggett t Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: c! 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 projectfor reasons described in the attached comments. T SIGNED 76��/156w . 24 Hestron Plaza I"i, 0d City,Vrth Carolina 28557 Phon . 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper F�. �'AV#=0 Yl r3.,f 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 RECEVED April 21, 2004 APR 2 6 2004 1111.0E Ali MEMORANDUM: TO: Ruth Leggett Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested.. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are � ,........ incorporated. See attached..„,,. This agency objects to the project for reasons described in the attached comments. 6 SIGNED ����� e WGTt ��^rvvri-G8,'v^m"r^a--2v° 7 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 . I' �ft.Aik Am X_ WARED! IVE WNW MAY 112004 North Carolina Department of Environment and Natural Resources , ollFCOAS M MAJ Division of Coastal Management FIALMH Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary April 21, 2004 MEMORANDUM: �� FAWPR 2 1 4'L TO: Patty Fowler NCDENR—Division of Environment Health [ SHELLFISH SANITATION Shellfish Sanitation Section FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11, 2004. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. titr ict .: ,,sic � S NED 151-B Hwy. 24, Hestron Plazall, M md 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 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 April 21, 2004 MEMORANDUM: TO: Ken Pace NCDOT, State Construction/Materials Branch Highway Building, 1"Floor t FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters,shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: V/ This agency has no objection to the project as proposed. Cr , 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 151-B Hwy. 24, Hestron Plaza II, 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 i, rr!�r+!A��►1�'e Alp"- rr 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 April 21, 2004 CWED MEMORANDUM: MAY 2 7 2004 �pI.OFOQApp� TO: Maureen Meehan, District Planner Division of Coastal Management FROM: Doug Huggett 1 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FII;L Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form b, May 11, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. Q This office has no comment on the proposed project. This office approves of the project only if the recommended changes incorporated. See attached. This office objects to thg project for reasons described in the attached comme it At SIGNED f'�' I-e acrar, No0h G-a Fo 1.f i a '2 8 5 5 7 P one: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 April 21, 2004 RECEIVED MAY a 5 2004 MEMORANDUM: a�LOF� AG�1�6H TO: Mr. Dan Sams For Mr. James Simmons Division of Land Resources t FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Carteret County,vacant property located on the SW side of the Oyster Creek Bridge on HWY 70 in the Community of Davis Proposed Project: Proposes to construct a public boat launching facility with 2 ramps,3 access docks, 2 breakwaters, shoreline stabilization in the form of a retaining wall in part,riprap in part, and a rock sill with wetlands planting. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 11, 2004. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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. Sree attached. Eros;e.. 6r-d s��,�,...rk �cf b� CAS• l/a 1t ,j 4UQ " t� b,;b T�+6�w.LC.. OGLJff 0.h tfoS.� � tc�ir�..+ GPwr�fl 1 This agency objects to the project for reasons described in the attached comments. s 151- w 4, Hes ron Plaza II, Morehead City, North Carolina 28 57 SIGNED Phone: 252-808-28081 FkX:252 247*a3VAtpJFflet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Em¢I0yBP-50%Recycled 110%Post Consumer Paper ,1A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management mMORANDIgmGovernor Charles S. Jones, Director William G. Ross Jr., Secretary TO: DOUG HUGGETT FROM: T. BARRETT RECEIVED SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT - APR 2 6 2004 NCWRC-Oyster Creek, Davis, Carteret County .� �� ill DATE: April 21, 2004 The following are my comments and recommendations regarding the afore-mentioned proposal. The proposal is for the construction of a public launching facility, inclusive of 2 ramps, 3 docks, retaining wall, riprap, rock sill, parking lot, and wetlands planting. The docks serve to allow safe use of the ramps, and are`�onsistent 15A NCAC 07H .0208. The substrate in the area of the ramps is sandy, high energy, aid debris littered. While the ramps exceed the length restrictions allowed under the General Permit for such structures, they are consistent with all use standards found in the same section. The breakwaters proposed exceed the dimensions found in the General Permit for such structures, but do not exceed standards found in 15A NCAC 07H .0208. They do not protrude beyond the docks such a distance as to pose a hazard to navigation. The gaps are not equal in frequency to the General Permit requirement, but are equal in percentage of open space. One requirement in the General Permit Standards that should be employed is the requirement for a 5' gap every 100'. The proposed riprap and retaining wall are consistent with General Permit Standards. The site location is conducive to the construction of a stone sill, and will probably result in a healthy marsh habitat. This proposed structure is not excessive in i',s bottom usage, and allows for water passage through the culverts. If the NC DMF and NOAA alloJfor this structure to serve the function of fish passage, it will meet with the intents of .0208. The height of the structure is not sufficient to prevent navigation hazards, and consequently the permit should include language for extra marking of the structure. The high ground impervious area exceeds the allowance for Outstanding Resource Waters, but represents an overall reduction consistent with the non- conforming standards found in 15A NCAC 07J .0211. 1 recommend the permit be authorized contingent upon the following conditions: 1. Sills shall be marked at 25-foot intervals with yellow reflectors extending at least 3 feet above the normal high water level. 2. Rock sills shall be porous to allow water circulation through the structure. 3. The height of the vertical breakwater shall not exceed six inches above the normal high water level. 4. The rock sill and riprap shall be constructed of stone, clean riprap, or other suitable material approved by Division personnel. The stone shall be of sufficient size and slope to prevent its movement from the site by wave or current action. 151-B Hwy. 24, Hestron Plaza II, 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 Page 02 NCWRC — Oyster Creek April 21, 2004 5. The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The breakwater shall have at least one, five foot opening at every 100 feet. The breakwater sections may be staggered and overlap as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 6. The permittee will maintain the structure and planted marsh in good condition and in conformance with the terms and conditions of the permit. The permittee is not relieved of this requirement if they abandon the permitted activity without having it transferred to a third party. The structure shall be removed within 90 days of notification from the Division of Coastal Management if a determination is made that the structure is not serving its purpose. 7. No fill will be placed on submerged aquatic vegetation or productive shellfish beds. 8. No marsh grass will be excavated or filled. 9. The authorized project is located adjacent to a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10. No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 11. The riprap will not extend waterward more than 5 feet from the mean high water level at any point along its alignment at the time of construction. 12. The bulkhead alignment will approximate the mean high water level at the time of construction. 13. 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. 14. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 15. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 16. The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Page 02 NCWRC — Oyster Creek April 21, 2004 17. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). This is of particular importance in the area of fill behind the rock sill. 18. Any development or land disturbing activity that is considered non-water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. 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 and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Cc: Ted Tyndall, DCM Henry Wicker, COE '4 rt ® North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director March 22, 2004 Ms. Terre Barrett Division of Coastal Management 151-B Hwy. 24 Hestron Plaza II Morehead City,NC 28557 Re: Oyster Creek Boating Access Area- Major Permit Application Dear Ms. Barrett: The North Carolina Wildlife Resources Commission(NCWRC)request that a CAMA Major Development Permit be issued for the construction of a new NCWRC public boating access area on Oyster Creek at Core Sound in Carteret County. Please find the enclosed major development permit application,proposed development drawings, CAMA application fee,property deed, site map, and riparian notification green cards. Based on a review of the North Carolina Environmental Policy Act for Minor Construction Activities (G.S. 15A NCAC 0 1 C .0408), we have determined that preparation of a State Environmental Assessment is not required because construction activities fall under both the general and specific minimum criteria applicable to this project. If you have any questions or need additional information, please feel free to contact me at (919) 715-3155 x295 or via email at mark.cooney@ncwildlife.org. Otherwise, please mail the permit to my attention at the address listed in the footer below. Thank you for your assistance. Sincerely, Mark E. Cooney, Facilities Engineer N. C. Wildlife Resources Commission DIVISION OF ENGINEERING SERVICES Mailing Address: 1720 Mail Service Center - Raleigh,NC 27699-1720 Office Location: 512 N. Salisbury Street - Raleigh,NC - Telephone: (919) 715-3155 9 Fax: (919) 715-2380 DCM% DWQ% Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private,non-commercial development that does not involve $250 100%($250) 0%(SO) the filling or excavation of any wetlands or open water areas: :t 11. Public or commercial development that does not involve the filling or $400 100%($400) 0%(SO) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A.B,C,or D below applies: III(A). For Private,non-commercial development,If General water Quality S250 100%(S250) 0%(SO) Certification No.3301 (see attached) can be applied: 111(8): For public or commercial development,if General water Quality S400 100%($400) 0%(SO) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and S400 60%($240) 40%(S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality L ation No.3301(see attached) $400 60%($240) 40%(S160) t be applied: r development that involves ng and/or excavation of more 5475 60%($285) 40%(5190) ne acre of wetlands and/or ater areas: r SECTION-SENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received b (Please Print CI ) B. Date of Delivery item 4 if Restricted Delivery is desired. laa ■ Print your name and address on the reverse so that we can return the card to you. C. Sign �"J/X&�dressee_ ■ Attach this card to the back of the mailpiece, / � gent or on the front if space permits. w D. Is delivery a ess different from it' 1? ❑Yes 1. Article Addressed to: If YES, be ente delivery address ❑ No Mr. Dw7 yat R 11��oac�� PE, We. U�a��inui! of -rra,,paAbhon } 16 D n. ,x /s89 Green V;l e 3. Service Type IN Certified Mail ail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) 1060 16-1/a ooe;q 6699 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M 9912 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Dale of Opilivery item 4 if Restricted Delivery is desired. 1,3 �� Q ■ Print your name and address on the reverse C. S' lure so that we can return the card to you. H� ent ■ Attach this card to the back of the mailpiece, X g or on the front if space permits. ❑Addressee D. Is ivery dress different from item 1? ❑Yes 1. Article Addressed to: If YES,e r delivery address below: ® No Mr, James P Lewis //o l -aa/y �10 3. See ice Type IM Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) '70W /b r10 o o aX -16**4 4,110.7- PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 ■ Complete items 1,2,and 3.Also complete H. R t" /ear/y) B. Date of Delivery item 4 if Restricted Delivery is desired. v� ■ Print your name and address on the reverse so that we can return the card to you. nature ■ Attach this card to the back of the mailpiece, 11 ❑Agent or on the front if space permits. 2004 ❑Addressee Is delivery address different from' m 1? ❑Yes 1. Article Addressed to: If YES,enter delivery ss low: El No ( �� 0,%A(. ,- • Q,0Uw" • C\ kJAA\It �SIxS�►c�Cs�mm� 26 C � 0 n Ccv,\ Seu vac e,C �e� �7 3. Sery Type Certified Mail ElExpress Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. P PS I 102595.00-M-0952 M NCDE 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 • T Carteret News Times April 21, 2004 Legal Advertisement Section PO Box 1679 Morehead City, North Carolina 28557 Re: Public Notice - NC Wildlife Resources Commission - Oyster Creek Ramp Dear Sir: Please publish the attached Notice in the April 23, 2004, issue of the News-Tinges. 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 Jaye Poole, NC Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, T. Barrett Coastal Management Representative tjb Enclosure cc: Doug Huggett, DCM Ted Tyndall, DCM 151-B Hwy. 24, Hestron Plaza II, 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 M NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as I required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the LAMA was received on March 24, 2004. According to said application, the NC Wildlife Resources Commission proposes to fr construct a public launching facility at the Highway 70 Bridge over Oyster Creek in the community of Davis. A copy of the entire applicatior. may be examined or copied at the office of Tere Barrett, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza Il, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles Jones, Director, Division of Coastal Management, 151-B Highway 24, Hestron Plaza II, Morehead City, prior to May 13, 2004, 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: April 23, 2004 Aa 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 NC Wildlife Resources Commission April 21, 2004 C/o Mr. Mark Cooney 1720 Mail Service Center Raleigh, NC 27699-1720 Dear Mr. Cooney: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located adjacent to the Oyster Creek on the southwest side of Highway 70 in Davis. It was received on March 24, 2004, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 06, 2004. 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. If this agency does not render a permit decision within 70 daysfrom the 241h of March 2004, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or commentsfrom reviewing agencies. Sincerely, T. Barrett Coastal Management Representative tj b Enclosure cc: Doug Huggett, DCM Ted Tyndall, DCM 151-B Hwy. 24, Hestron Plaza II, 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 AMA PI= RMIT APPLIE FOR PROJECT: a C�`1► tU L a c1Utt �L , ni ( rL- l t w o 4-1 �� v' �- eel- k Wesl- si de 9 "+LQ 1� w D ►a nw vi 1 COMMENTS ACCEPTED THROUGH ON a- APPLICANTS FOR MORE DETAILS CONTACT • THE LOCAL PERMIT OFFICER BELOW: 1.�.)tl d�t'� �50 ors � tsS►cS� `1 H ,I Stvvt C ; - n,L-+ Melanie Arthur 3p Carteret County Register of Deeds CS Date 09/27/2b02 Time 15:12:00 GR 955E72 Page 1 of 3 FILED NORTH CAROLINA, CARTERET COUNTY (� The foregoing oertificate(s) of Notary Public(s) is/are U CUO certified to be correct. �his instrument and this ce ' i- l� cats are duly register at the date and time a in SECfiF�f�p,� 0F tine Book and Page s' own on the first pa r f. STATE Carteret County Register le Arthur, f D 9882 e9i27i2ee2 4 $200.00 FrATI H Real Estate Excise Tax Ccise Tax 200.00 Recording Time,Book and Page Tax Lot No. Parcel Identifier No. 736901487587 Verified by County on the_day of ,20_ by Mail after recording to Hugh C.Talton,Jr.,Attorney At Law,416 LIVE OAK ST,BEAUFORT,NC 28516 This instrument was prepared by Hugh C.Talton,Jr. Brief Description for the index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made (,�7'6 by and between GRANTOR GRANTEE PATRICIA J CAPEHART AND HUSBAIND ANTHONY A STATE OF NORTH CARO 'A CAPEHART JR Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g.,corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant,bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ,DAVIS Township, Carteret County,North Carolina and more particularly described as follows: SEE EXMBIT A 3 N. C. Bar Assoc. Form No. 3 tC 1977 Printed by:-agreement with the N.C. Bar Assoc.#003 ����--��-- The property hereinabove described was acquired by Grantor by instrument recorded in Book , Page . A map showing the above described property is recorded in , . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate,has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. (Corporate Name) (SEAL) PATRICIA J C By: (SEAL) President ANTHONT A CAPE T,JR ATTEST: (SEAL) Secretary(Corporate Seal) (SEAL) G T.ALTO�/ NORTH CAROLINA, Carteret County. I, the undersigned,-a Notary Public of the County and State aforesaid, certify that PATRICIA J CAPEHART,ANTHONY A CAPEHART,JR Grantor,personally appeared before me this day and mot- - acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, n p �, 1 '�, c' this 5lVIOL . r f`OtSN� My commission expires: / /G1r Notary Public NORTH CAROLINA,Carteret County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that personally came SEAL-STAMP before me this day and acknowledged that he/she is Secretary of , a North Carolina 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 him/her as its Secretary. Witness my hand and official stamp or seal, this My commission expires:_/_/ Notary Public N. C. Bar Assoc. Form No. 3 'Z 1977 Printed by Agreement with the N.C. Bar Assoc.#003 E r'a v _ r r!r �Q;� _-.hibit A BEGINNING AT THE SOUTHEAST CORNER OF THE HIGHWAY 70 BRIDGE WHERE THE SAME CROSSES OYSTER CREEK, SAID POINT OF BEING ON THE EAST SIDE OF HIGHWAY 70 AND RUNNING THENCE WITH THE RIGHT OF WAY OF US HIGHWAY 70 S 31-19 W 307.2 FEET TO A POINT; THENCE FROM SAID POINT SOUTH 32-00 W 100 FEET TO A POINT; THENCE FROM SAID POINT S 33-20 W 124.7 FEET TO A POINT; THENCE FROM SAID POINT S 84-33 E 180.4 FEET TO A POINT IN THE HIGH WATER MARK OF OYSTER CREEK; THENCE WITH THE HIGHWATER MARK OF OYSTER CREEK N 15-45 E 220 FEET TO A POINT; THENCE N 36-36 E 242 FEET TO A POINT; THENCE FROM SAID POINT N 59-41 WEST 120 FEET TO THE POINT OF BEGINNING. THIS IS THE SAME TRACT, A ONE-HALF (1/2) INTEREST OF WHICH WAS CONVEYED TO GRANTORS BY DEED RECORDED IN THE CARTERET COUNTY REGISTRY IN BOOK 464, PAGE 164 AND A ONE-HALF (1/2) INTEREST WAS CONVEYED TO ANTHONY A CAPEHART, JR ONE OF THE GRANTORS BY DEED RECORDED IN BOOK 423, PAGE 277, CARTERET COUNTY REGISTRY. (02-147.PFD/02-147/1)