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114-05 NC Wildlife Resource Commission
Permit Class Permit Number NV,W 114-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission / 90pyJ)rrmtt r 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 JOad B` ` Issued to NC Wildlife Resource Commission 1720 Mail Service Center,Raleigh,NC,27699-1720 Authorizing development in Onslow County at AIWW, SR 1503 (Shell Rock Landing__ Road), Hubert , as requested in the permittee's application dated 2/17/05. including the attached workplan drawings (7) 1-6 of 7 dated "revisions" 2/8/05, and 7 of 7 dated 2/17/05. This permit, issued on .duly 20,2005 , 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) In order to minimize impacts to juvenile fish and finfish, and in accordance with commitments made by the permittee, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management in consultation with the U.S. Army Corp of Engineers. 2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (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 shall be accessible on-site to Department 'JP personnel when the project is inspected for compliance. Char S. Jones, Director Any maintenance work or project modification not covered lvision of Coastal Management hereunder requires.further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees A/ that your project is consistent with the North Carolina Coastal J Management Program. Signature of Permittee NC Wildlife Resource Commission Permit# 114-05 . ADDITIONAL CONDITIONS Page 2 of 4 3) The to '' cement or double handling of fill materials within waters or vegetated wetlands is not author; ize . r: } 4) No excavation shall take place at any time outside of the area indicated on the attached workplan drawings. 5) No excavation shall take place within 10 feet of any area of coastal wetland. Spoil Disposal 6) All excavated materials shall be transported to the high ground site designated in the attached workplan drawings. Use of an alternative disposal location shall require additional approval from the Division of Coastal Management. 7) No excavated material is to be placed within 30 feet of the normal high water line. 8) The spoil disposal site shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. Sedimentation and Erosion Control 9) 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.). Y Docking Facility 10) This permit authorizes only the docks, piers, walkways, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application and attached workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this ` docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 11) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 12) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 13) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. F14) This fe Resource Commission Permit# 114-05 Page 3 of 4 ADDITIONAL CONDITIONS permit does not authorize the interference with any existing or proposed Federal project,'and the mittee shall not be entitled to compensation for damage to the authorized structure or work, or injury ch may be caused from existing or future operations undertaken by the United States in the public nerest. 15) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Boat Ramp 16) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Stormwater Management 17) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission by way of Stormwater Permit No. SW8050320, which was issued on 6/1/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 18) 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. 19) No vegetated wetlands shall be excavated or filled. 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 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. NC Wildlife Resource Commission Permit# 114-05 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-0402), which was issued on 3/11/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500546. x t QUA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 20, 2005 NC Wildlife Resources Commission 1720 Mail Service Center Raleigh,NC 27699-1720 Dear Sir or Madam: 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, R.e. V. k woz- Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Wildlife Resources Commission c/o Mr. Tom Covington 2. LOCATION OF PROJECT SITE: Shell Rock Landing Public Boating Access, located at the terminus of SR 1503 (Shell Rock Landing Rd.)near Hubert in Onslow County. Photo Index - 2000: grid 33-434 (J15) 1995: grid 33-422 (J19) State Plane Coordinates -X: 2551645.406 Y: 333883.397 Rover#J022418A 3. INVESTIGATION TYPE: CAMA, Dredge &Fill 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit—February 1, 2005 Was Applicant Present- Yes 5. PROCESSING PROCEDURE: Application Received—February 21, 2005 Office—Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan—Onslow County-1997 Land Classification From LUP—Limited Transition, Conservation (B) AEC(s)Involved: PTA,EW,ES, (C) Water Dependent: Yes (D) Intended Use: Public boat launching facility (E) Wastewater Treatment: Existing—None Planned -None (F) Type of Structures: Existing—Parking Lot, Concrete Apron, Concrete Ramp,Floating Dock Planned - Concrete Ramp, Wooden Dock and Walkway, Channel, Basin (G) Estimated Annual Rate of Erosion:N/A Source—N/A 7. HABITAT DESCRIPTION: DREDGED FILLED I: RP (A) Shallow Water Habitat 5,400 ft2 (B) Open Water 544 ft2 Shaded (C) Other High Ground 896 ft2 1,170.4 ft2 (D) Total Area Disturbed: 7,915.4 ft2 (E) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: Applicant proposes to renovate the boat launching facility at Shell Rock Landing. The renovation will include the addition of a launch ramp, the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Field Investigation Report: NCWRC Page 02 --------------------------- 9. Narrative Description: The project is located at the Shell Rock Landing public boating access area located at the terminus of SR 1503 (Shell Rock Landing Rd.)near Hubert in Onslow County. The project is bordered to the south by the Atlantic Intracoastal Waterway(AIWW)in the vicinity of Bear Island. West of the project is the Red Barn restaurant. The Shell Rock Landing public boating access is 2.24 acres in area and averages 7' above normal low water. Currently on the site there is a gravel parking lot,a launching ramp,an 80' floating dock,and a rip rap slope. The ramp extends into a basin with a channel leading to the AIWW. The basin is approximately 130' wide in theqmstruction area and is surrounded partially with a fringe of Smooth Cordgrass(S artina a en' ora). The substrate of the basin is organic silty muck. No SAV's were noted. Other po ions of the basin go directly to high ground. High ground vegetation consists of various upland grasses and Wax Myrtle(M3dca cerifera . The major high ground soil type sandy loam. Approximately 20' of the shoreline is stabilized with rip rap. Little erosion was noticed on other parts of the shore. The maintained channel connecting the basin to the AIWW averages-4' deep. Extending into the basin are various docking structures from the neighboring RV park. In the project area, the NC Division of Water Quality classifies the waters of the AIWW as SA-Outstanding Resource Waters (ORW). The area is not designated as a Primary Nursery Area(PNA)by the NC Division of Marine Fisheries but is open to the taking of Shellfish. No shellfish were noted in the project area. The only service provided currently to the area is parking for the launching of boats. 10. Proiect Description: The North Carolina Wildlife Resources Commission (NCWRC) has made application to renovate the Shell Rock Landing public boating access in order to speed launching, control crowding and speed retrieval of boats. Renovations of the access are to include the addition of a 14' X 107.6' launching ramp and a 5' X 190' wooden dock and walkway. The NCWRC also proposes to dredge 600 yd3 from the existing basin to match basin depth to channel depth. The proposed launching ramp would be 1,506.4 ft2(14' X 107.6') in area. The ramp would extend 44' below MHW covering an area of 616 ft2. The remaining 63.6' of the ramp would be placed above MHW covering an area of 890.4 ft2. The installation of the ramp would involve the excavation of 10 yd3 below MHW and 96 yd3 above MHW. The existing apron would be extended 14' for maneuvering to the ramp. The proposed ramp would be constructed of concrete on high ground before being set in place. The proposed ramp would not cross over any coastal marsh. No SAV's or shellfish were noted in the proposed ramp area. The proposed wooden dock and walkway would be 178.3' in length overall including access walkways. Two walkways would allow access to the dock. One walkway would be Field Investigation Report: NCWRC Page 03 --------------------------- constructed along the launching ramp and would be 5' wide and 64' long. The other walkway, constructed 31' south of the ramp, would be 5' wide and 5.5' long. Both walkways would be constructed over high ground.The proposed dock would be 5' wide and 108.8' long. It would extend a maximum of 20' waterward of MHW. The dock would not cross over any marsh but would encompass 544 ft2 of public trust area. There are no permanent slips proposed and all docking will be transient. The proposed dock is for public use. In order to match the basin depth to the channel depth the NCWRC proposes to excavate 600 yd3 from a 90' X 60' (5,400 ft2) area within the basin. The excavation would take the basin from an existing average depth of—l' at MLW to a final project depth of—4' MLW. There were no SAV's or shellfish noted within the basin. The type of material to be excavated from the basin would be organic silty muck..The material would be removed by an excavator. An area 130' X 90' in a vacant field.25 miles from the basin would serve as a disposal area for the spoils. Material would be trucked from the basin'to the disposal area. Trucks would travel down 200' of paved road in route to the disposal area. 11. Anticipated Impacts: The proposed renovation of the Shell Rock Landing boating access would involve the placement of a 1,506.4 ft2 launching ramp. The ramp would be positioned such that 616 ft2 would be below MHW and 890.4 ft2 would be above MHW. Wet concrete should not be introduced to the system. The proposed 178.3' wooden dock and walkway would encompass 544 ft2 of public trust area. All of this area would be shaded. No permanent slips would result from this project as all docking would be transient. Little navigational impacts would be associated with the dock and walkway. There would be some chance for overboard discharge during transient dockage. The maintenance excavation of the basin would involve the removal of 600 yd3 from a 5,400 ft2 area. The type of material to be removed during the excavation would be organic silty muck. This material would be placed in an 11,700 ft2 high ground location. Because of the high liquid content of the material, the potential for material leaking from the trucks to the highway exists during the 200' distance traveled over paved road. The potential for turbidity exists during all phases of the project but should be temporary. No SAV's, coastal wetlands, or shellfish should be affected by the project. Water depths for the area should be sufficient for the expected use. Name James Ryan Davenport Date March 1, 2005 Morehead City r Form DCM-MP-1 APPLICATION -�� (To be completed by all applicants) Morehead City DCM 1. APPLICANT C. Street address or secondary road number SR 1503(Shell Rock Landing Rd) a. Landowner: d. Is the proposed work within the city limits or planning Name North Carolina Wildlife Resources Commission jurisdiction? Yes X No Address 17201y1ail Service Center e. Name of body of water nearest project(e.g.river, creek, sound,bay) Atlantic Intercoastal Waterway 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 Gordon Myers or Torn Covington excavation and/or filling activities. Renovation of a free boat launching facility,which includes: Address 1720 Mail Service Center Adding a launch ramp and installing a walkway and temporary mooring structure to control crowding and speed launch and City Raleigh State NC retrieval. Excavation to install m rnp and dredging to match basin Zip 27699-1720 Day Phone 919-715-3155 depth to channel depth Fax 919-715-2380 b. Is the proposed activity maintenance of an existing c. Project name(if any) Shell Rock Landing BAA project,new work, or both? both C. Will the project be public,private or commercial use? Public NOTE: Permit will be issued in name oflandowner(s),and/or Project name. d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional 2. LOCATION OF PROPOSED pages. PROJECT This BAA facility will provide free public boating access to the AICW W and waters near Swansboro The following equipment will be used: bulldozer,backhoe, a. County Onslow trackhoe,mm otorgmader. b. City,town, community, or landmark Hubert • 11 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. N/A 4. LAND AND WATER CHARACTERISTICS n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary a. Size of entire tract 2.24 Aores wastewater, industrial/commercial effluent, "wash down", and residential discharges.) Surface nmoff b. Size of individual lot(s) N/A consistent with the existing site c. Approximate elevation of tract above MHW or NWL o. Describe existing drinking water supply source. approx.7$.average above NWL N/A d. Soil type(s) and texture(s)on tract sandy clay 5. ADDITIONAL INFORMATION e. Vegetation on tract Miscn=sh grasses,misc tuff grasscs,pine trees In addition to the completed application form, the f. Man-made features now on tract Concrete launch ramp, following items must be submitted: Floating dock,gravel parking area • 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 R 8M 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 710203 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? NA prints or other larger plats are acceptable only if an k. Is the project located in a National Registered adequate number of quality copies are provided by Historic District or does it involve a National applicant. (Contact the U.S. Army Corps of Register listed or eligible property? Engineers regarding that agency's use of larger Yes X No drawings.) A site or location map is part of plat requirements and it must be sufficiently detailed to 1. Are there wetlands on site? Yes X No bide agency personnel unfamiliar with the area to Coastal (marsh) X Yes No the site. Include highway or secondary road (SR) numbers,landmarks, and the like. , , ,, if yes,has a delineation been conducted? No ---, .^*r""`P'+""? . 1 (attach documentation,if available) I morehead Uiy 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 Form DCM-MP-1 documenting compliance with the North Carolina Environment Policy Act. • A Stormwater Certification,if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats 6. CERTIFICATION AND by certified mail. Such landowners must be advised PERMISSION TO ENTER ON LAND that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant I understand that any permit issued in response to this further certifies that such notice has been provided. application will allow only the development described in the application. The project will be subject to conditions Name Sherri Gamer and restrictions contained in the permit. Address 28 Brookwood Dr. Smithfield,NC 27577 Phone (919)975-0760 I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's Name Theresa Morton(Shell Rock LLC) approved Coastal Management Program and will be Address Harvell and Collins, PA Attn:Trish conducted in a manner consistent with such program. 1107 Bridges St Morehead City, NC 28557 I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review Phone (252)646-3923 agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the project. Address Phone I further certify that the information provided in this application is truthful to the best of my knowledge. Name Address Phone This is the 17" day of Febmw , 20 05 Name Print Name Tom Covington/ Address Phone J Signature • A list of previous state or federal permits L"'idowneiVorAuthorized Agent issued for work on this project tract. Include permit numbers,permittee,and issuing dates. Please indicate attachments pertaining to your proposed 39338 C,NCWRC, 7/16/04 project. 32960 C,NCWRC,1/16#03 X DCM MP-2 Excavation and Fill Information • A check for $250.00 made payable to the Department of DCM MP-3 Upland Development Environment,and Natural Resources(DENR)to cover the X DCM MP4 Structures costs of processing the application. DCM MP-5 Bridges and Culverts DCM MP-6 Marina Dev ...,- • A signed AEC hazard notice for projects in oceanfront and inlet areas. NOTE. Please sign and da xch attachment in the space provided at the ottom of each form. A statement of compliance with the N.C. Morenea l lilt/ ULAVI Y Form DCM-MP-2 EXCAVATION AND FILL 1. EXCAVATION (Except bridges and culverts) a. Amount of material to be excavated from below MHW Attach this form to Joint Application for CAMA Major in cubic yards 600 cu.yds.from boat basin and Permit, Form DCM-MP-1. Be sure to complete all other 10 cu yds from boat ramp,below MHW(rest is included sections of the Joint Application that relate to this in basin calculations,which is why high ground exc is proposed project. so much higher) b. Type of material to be excavated Organic silty nick 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 (marsh), submerged aquatic vegetation(SAV's)or Average Final other wetlands. Yes X No Existing Project Length Width Depth Depth Access channel d. Highground excavation in cubic yards 96 CY (NWI-) 2. DISPOSAL OF EXCAVATED Canal MATERIAL a. Location of disposal area Vacant field less than''/<mile Boat basin 90, 60' -1 -4 From site,accessible by dirt road Only on paved surface for 200' b. Dimensions of disposal area 130'x approx 90' Boat ramp 108' 14' 0' -1.9' C. Do you claim title to the disposal area? Yes X No Rock groin If no, attach a letter granting permission from the owner. attached Rock d. Will a disposal area be available for future breakwater maintenance? X Yes No If yes,where? Existing disposal site *Other FEB 2 1 2005 Form DCM-MP-2 Moreheau City DOM Form DCM-MP-2 If yes, e. Does the disposal area include any coastal wetlands (1) Amount of fill to be placed in the water (marsh), SAV's, or other wetlands? 46 cu.yds.below MHW Yes X No (2) Dimensions of fill area 14'x45'(ramp footprint) f. Does the disposal area include any area in the water? (3) Purpose of fill subgrade preparation of Yes X No launch ramp and ramp itself b. Will the fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAV's,or other wetlands? Yes X No If yes, a. Type of shoreline stabilization NA (1) Dimensions of fill area NA Bulkhead Riprap b. Length NA (2) Purpose of fill NA c. Average distance waterward of MHW or NWL NA 5. GENERAL d. Maximum distance waterward of MHW or NWL NA a. How will excavated or fill material be kept on site and e. Shoreline erosion during preceding 12 months erosion controlled Material will be taken straight from None Site to spoil area,where it will be allowed to dewater (source of information): Visual— 11 Aug Through a vegetated buffer f. Type of bulkhead or riprap material NA b. What type of construction equipment will be used (for example, dragline,backhoe, or hydraulic dredge)? g. Amount of fill in cubic yards to be placed below Bull dozer,backhoe,trackhoe, water level NA 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 NA environmental impacts. i. Source of fill material NA NCWRC Shellrock Landing Boating Access Area Applicant or Project Name 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) I s Signature �oL. a. Will fill material be brought to site? )-1 FF-ii 05 X Yes No Date Morehead City DCM i f' A Form DCM-MP-4 STRUCTURES (Construction and/or land disturbing activities) e. Mooring Buoys N/A Attach this form to Joint Application for CAMA Major (1) _Commercial _Community _Private Permit, Form DCM-MP-1. Be sure to complete all other (2) Number NA sections of the Joint Application that relate to this (3) Description of Buoy proposed project. (Color, inscription, size, anchor, etc.) N/A a. Dock(s)and/pier(s) (1) X Commercial Community _Private (2) Number 1 fixed dock, with 3 access points (4) Width of water body N/A (3) Length 190'overall length including access walkways (5) Distance buoy(s)to be placed beyond shoreline (4) Width 5' NA (5) Finger Piers Yes X No (i) Number N/A f. Mooring structure(boatlift,mooring pilings, etc.)N/A (ii) Length N/A (1) _Commercial _Community _Private il (2) Number N/A (i ii) Width N/A (6) Platform(s) Yes x No (3) Length N/A (4) Width N/A (i) Number N/A (ii) Length N/A Width N/A $• Other(Give complete Description) (111) (7) Number of slips proposed N/A (8) Proximity of structure to adjacent riparian property lines 25' (9) Width of water body Approx 130'in construction area (10) Water depth at waterward end of pier at MHW or NWL Approx-5'@NWL b. Boathouse(including covered lifts)N/A NCWRC Shellrock Landing BAA (1) Commercial Private Applicant or Project Name (2) Length N/A (3) Width N/A c. Groin(e.g. wood, sheetpile, etc.)N/A Signature (1) Number N/A (2) Length(s) N/A Date I`l FEIi 45 d. Breakwater(e.g. wood, sheetpile,etc.)N/A (1) Length N/A (2) rage distance from MHW,NWL, or wetlands N/A L (3) Maximum distance beyond MHW,NWL, or 12005 wetlands N/A FEB 2 WAtr rahoe!d CC N DIVISION OF COASTAL MANAGEMENT ' APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: NC Wildlife Resources Commission County: Onslow County LOCATION OF PROJECT: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert,NC. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 02/21/05 FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE:Ryan Davenport DISTRICT OFFICE:Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE RECD: $ •� PUBLIC NOTICE RECD: a3j16,310 END OF NOTICE DATE: 0 3/1 sL�¢S ADJ.RIP.PROP NOTICES RECD: / DEED REC`D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 06`-1D 710.5 150 DAY DEADLINE: MAIL OUT DATE: i o / STATE DUE DATE: FEDERAL DUE DATE: H 2-r7 FED COMMENTS RECT): PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative l _74 a 1 See Coastal Management-LUP Consistency 2,4 jos Division of Community Assistance Land Quality Section Division of Water Quality Z� (g�DS Q6 3yoCA-Ile� Storm Water Management(DWQ) C LK( ,� Sw�D Si u�o5t�3la State Property Office 1 l d Division of Archives&History 7 05 Division of Environmental Health 3 Division of Highways ( )OS/ ✓ 1 Wildlife Resources Commission 3 Z4(�`� ✓" dye-, Division.of Water Resources Division of Marine Fisheries T 301 K Submerged Lands(DMF) Permit# lq— 05 DCM Coordinator: K 64M MAILING/DISTRIBUTION: Permitee: �L LN'��G'(�` ul�(.e, �jNJc � ��a,0 2-7 Agent: DCM Field Offices: Eliz t Ci orehead Ci Washington / Wilmingtocy/ US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland ilnun on: Dave Tim (NC T) enry icker Pl�ers MIZ: esources: Renee Gledhill-Earl ntal Health: Terry Piercq//sheries: Mike Stree✓Ken Pacer/�anitation: Patty Fow eerty Office: Joseph Henderso�ality: C di Karoly(for non-DO John Hennessy =nne�ynne� 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) CAN-IA Major Permit Process Manual Page 70 of 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 29, 2005 Regulatory Division Action ID No. 200500546 and State Permit No. 114-05 NC Wildlife Resources Commission 1720 Mail Service Center Raleigh,North Carolina 27699 Dear Madam or Sir: Reference your application for a Department of the Army permit to renovate the boat launching facility at Shell Rock Landing located at the terminus of SR 1503, connected by a channel to the Atlantic Intracoastal Waterway, near Hubert, in Onslow 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 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 400 Commerce Avenue North Carolina Division of Coastal Morehead City,North Carolina 28557 Management 400 Commerce Avenue Morehead City,North Carolina 28557 2 07/31/1995 21:26 919-715-7643 NC WILDLIFE RES COMM PAGE 02 �QF WATF Michael F. Easley, Governor O G William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources O 'r Alan W. Klimek, P.E. Director Division of Water Quality June 1,2005 EV Mr. Tom Covington ED NC Wildlife Resources Commission 1720 Mail Service Center 19JUN 2 4 2005 Raleigh, North Carolina 27699-1720 Subject: Stormwater Permit No. SW8 050320 Morehead City pCM Shellroek Landing Boating Access Area Y Ccneral Permit-Bulkhead7Boat Ramp Onslow County Dear Mr, Covington: In accordance with your application to be covered under the State Stormwater General Permit for Bulkheads and Boat Ramps, received on April 4,2005,we are forwarding herewith the subject Certificate of Coverage Number 050320 to construct,operate and maintain impervious areas associated with bulkheads and boatramps under the subject General Permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and Title 15A NCAC 2H .1000, the stormwater management rules. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division of Water Quality (DWQ). The DWQ may require modification or revocation and re-issuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality,the Division of Land Resources, Coastal Area Management Act,or any other Federal, State, or Local agency, law,rule, or ordinance. if you need a copy of the General Permit,or have,-4iy questions concerning this permit, or need additional information this matter, please contact either me or Gary Beecher at(910) 796-7215. Sincerely, �12- Ldward Beck Regional Supervisor Surface Water Protection Section EB/:ghb S:\WQS\STORMWAT\PERMM050320.June05 cc: Onslow County Building Inspections Gary Beecher(DWQ) Division of Coastal Management Wilmington Regional Office Central Files North Caallna Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Service 1-877-623-6748 One Wilmington Regional omce Wikningion.NC 29406-W5 FAX (919)733-2496 Internet- n2o.enrvate.mus O Carolina An Equal opportunity/Af rmaW6 Action Employer—50%Rec/d"10%Not Consumer Paper Naturally 07/31/1995 21:26 919-715-7643 NC WILDLIFE RES COMM PAGE 03 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MAN EMENT GENERAL PERMIT N / CERTIFICATE OF COVERAGE NO. 050320 (� CONSTRUCT, OPERATE AND MAINTAIN 40/eh@ IMPERVIOUS AREAS ASSOCIATED WITH ©� A BOAT RAMP OR A BULKHEAD �OCAI In compliance with the provisions of North Carolina General Statute 143-215.1, as amended, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and 15A NCAC 21-1.1000, the Stormwater rules, Mr. Tom Covlr.,; n North Carolina Wildlife Resources Commission is hereby authorized to construct, operate and maintain impervious areas associated with a bulkhead or boatramp and the associated stormwater runoff located at Shellrock Landing Boating Access Area Sheilrock Landing Road Hubert Onslow County to receiving waters designated as AIWW, class ORW waters in the White Oak River Basin, in accordance with the provisions of the General Permit for Bulkheads and Boat Ramps, No. 050320, and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Wafer Quality and considered a part of this permit for the subject project. This Certificate of Coverage shall become effective June 1, 2005. Sign his the st day of June 2005. an Klimek, irec or Division of Water Quality By Authority of the Environmental Management Commission 2 07/31/1995 21:26 919-715-7643 NC WILDLIFE RES COMM PAGE 04 State Stormwater Management Systems Permit No.SW8 DIVISION OF WATER QUALITY I WATER QUALITY SECTION STATE STORMWATER NOTICE OF INTENT '`,w GENERAL PERMIT FOR BULKF!E^.DS AND BOAT RAMPS I State Stormwater Management Application Notice of Intent for coverage under the Gerval Stormwater Management Permit for Bulkheads and Boat Ramps. C'1, ` Construction, operation and maintenance of impervious areas associated with the construction or a bulkhead or boat ramp. 1. Mailing address of owner/developer: (The address to which all permit correspondence will bo mailed) Na= North Carolina Wildlife Resources Commission Street Address 1720 Mail SQrvice Center City Raleigh State NC Z1P 27Q99-1720 Telephone No, 919-715-3155 x282 FAX 919-715-2380 2. Location of proposed project, HL Lbert, NC, Onslow CQuntX Project Name Shellrock Landing Boatina Access Area Contact Person Tom CovinatQn Street Address 17220 Mail Service Center City Ral_. eigh State NC ZIP 27699-1720 County Wake Telephone No. 919.715-3155 x282 FAX 919-716-2380 3- Physical Location Information: Please describe how to get to the project, using street names, state road numbers, and the distance and direction from the nearest major intersection Directions to Site: From Jacksonville.take NC 24 East to TIC 172, Turn right on 172 and go to the military gatc cnn-ance__r urti Left just before the entrance on to Bear Creek Rd Go about 4 miles and turn right onto Shellrock Landing road. Site is at orid of road on right. From Swansboro,take NC 24 West 1.5-2 miles.and turn left Qnto Queens Creek Rd..Tun, left and end of road,onto Sear Creek Road. Turn Right onto Shellrock Landing Road,site is at end of road on riFitt, 4. What is the name of the receiving stream Atlantic Intercoastal Waterway 5. Receiving Stream Classification: ORW 6. This Certificate of Coverage is being submitted as a result of; ® New or proposed project ❑ Modification to an existing project Existing COG or Permit Number. Date project is scheduled to begin construction-, after 30 Septembor 2005 7, What is the total project area above mean high water? 1,441 SF from proposed MHW ff� Page 1 of 3 07/31/1995 21:26 919-715-7643 NC WILDLIFE RES COMM PAGE 05 State Stormwater Management Systems Permit No,SW8 Total SF of all proposed construction above MHW 1,411 SF Concrete structure 1,170 SF Dock structure 271 SF Total area of lot, including area outside proposed construction 97,460 5F if ro 8. What is the total amount of built-upon area proposed at this site? 2,552 SF, including elevated ;ticol and concrete ramp and apron and underwater portion of ramp ft2 e�4 9. Has the built-upon area been minimized to the ext::7' practicable? �YES ❑ NO 10. Is the runoff from the built-upon area outside of the 30' vegetated buffer directed away from surfac4o waters, to the extent practicable? �I ® YES ❑ NO 11. Is the project within 575' of the Mean High Water line of class ORW waters? ® YES ❑ NO (If yes, the total amount of proposed built-upon area must be less than or equal to 25%of the total project area within the AEC above mean high water) 12. Please list all other Best Management Practices employed at this site Due to ORW, current stormwater measures are limited to sheet flow through vegetative'buffers, In an effort to minimize Impacts, no changes are proposed for any part of the site except for the ramp and dock addition. There is to be no construction performed on the parking lot, access road, or shoreline. 13, Certification: North Carolina General Statute 143-215.6 b (i)provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies,tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not the exceed $10,000, or by Imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment of not more than 5 years, or both, for a similar offense.) I hereby request coverage under the referenced General Permit, I understand that coverage under this permit will constitute the permit requirement for the project and is enforceable in the same manner as an individual permit. I certify that l am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of person signing: Title: A N (Signature of Applican (Date signed) Page 2 of 07/31/1995 21:26 919-715-7643 NC WILDLIFE RES COMM PAGE 66 State Stormwater Management Systems Permit No.SWB A check or money order must accompany this Notice of Intent for$420.00, made payable to NCDENR. This application will be returned unless all of the following items are submitted: ❑ This completed form ❑ Two sets of site and grading plans ❑ A check for$420.00 ❑ A USGS map with the project clearly located on it. Mail the entire package to: NCDENR Division of Water Quality Water Quality Section-Stormwater CD G 127 Cardinal Drive Extension ;�-r Z Wilmington, NC 28405 to fl- vP- Note: The Submission of this document does not guarantee the issuance of a Certificate overV under the General Permit, o, Q Page 3 of 3 q� DEPARTMENT OF THE ARMY /j WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 10, 2005 Regulatory Division Action ID No. 200500546 Mr. Doug Hu ett gg Division of Coastal Management MAY 12 2005 North Carolina Department of Environment and Natural Resources 0 ' 400 Commerce Avenue Morehead �iy ��. I Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the North Carolina Wildlife Resources Commission for a Department of the Army permit to renovate the boat launching facility at Shell Rock Landing located at the terminus of SR 1503, connected by a channel to the Atlantic Intracoastal Waterway, near Hubert, in Onslow County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 9. In order to protect juvenile finfish resources, no excavation or filling activities 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 and the U.S. Army Corps of Engineers. 2 10. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 11. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 12. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 13. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water level elevation contour to prevent gully erosion and siltation. 14. Excavation will not exceed 4 feet below the elevation of mean low water. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 17. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 19. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in 3 full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 20. 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. 21. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 22. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, / > Henry Wi er Regulatory Project Manager Enclosure 4 Copies Furnished (without enclosure): Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Wesley Crum, Chief Coastal Section 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington,North Carolina 28401-4895 5 Instructions to Word Processing: This is a card letter 31. May 6, 2005 Regulatory Division Action ID No. 200500546 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the North Carolina Wildlife Resources Commission for a Department of the Army permit to renovate the boat launching facility at Shell Rock Landing located at the terminus of SR 1503, connected by a channel to the Atlantic Intracoastal Waterway, near Hubert, in Onslow County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. /We recommend that the following conditions be included in the State authorization: /1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by theUS Army Corps of Engineers (USACE)prior to implementation. v/2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. J 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 1/ 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double.handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at(919)733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. J7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. J8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office at(,9/10) 772-2191. V 9. In order to protect juvenile finfish resources, no excavation or filling activities 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 and the U.S. Army Corps of Engineers. \�,& All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. ✓11. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. JA water control structure will be installed at the intake end of the effluent pipe leading from etention area in order to ensure maximum settlement of suspended solids. . Flow from the diked retention area will be confined by pipe,trough, or similar device to a point at or below the mean low water level elevation contour to prevent gully erosion and siltation. /14. Excavation will not exceed 4 feet below the elevation of mean low water. 1 . If the permittee discovers any previously unknown historic or archeological remains whil0com lishin the authorized work he will immediate) notify the Wilmington District p g � Y Y b't Engineer who will initiate the required coordination procedures. A16. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. . The permittee shall require its contractors and/or agents to comply with the terms and conditi s of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. v bl99. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). ,/20. 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. In d is 50 NTU's or less in all r' esignated as trout waters by the North Carolina Division of�Envir anagement less in all saltwater classes ereservoirs, and 10 NTU's or less in trout waters, are not co significant. -,,,21. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct,restore the water or wetland to its pre-project condition. 21. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Henry Wicker,Wilmington Field Office, Regulatory Division, telephone(910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Enclosure Copies Furnished(without enclosure): Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Wesley Crum, Chief Coastal Section 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 44/ aP "T°; o � United States Department of the Interior SHIED `` m ` a FISH AND WILDLIFE SERVICE MAY 0 2 2005 Raleigh Field Office y ,o Post Office Box 33726 4ACH 3 18 Raleigh,North Carolina 27636-3726 Morehead City DCM April 25, 2005 Mr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 �- Wilmington,North Carolina 28402-1890 Subject: Action ID#200500546,Nor Marafma Wildlife Resources Commission, Shell Rock Landing Boating Access Area, Onslow County, NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated March 25, 2005. The applicant, the North Carolina Wildlife Resources Commission(NCWRC), has applied for a Department of the Army(DA)permit to j renovate an existing boat launch facility at Shell Rock Landing. 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 comments 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 determination 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 and Anticipated Impacts The project area,proposed work, and anticipated impacts are described the Field Investigation Report (FIR), dated March 1, 2005, of the North Carolina Division of Coastal Management (NCDCM). The project site is a 2.24-acre public boat access area with a gravel parking area, some riprap shoreline, a launch ramp, and 80-foot floating dock. The ramp extends into a basin with a channel leading to the Atlantic Intracoastal Waterway(AIWW). The substrate of the basin is organic, silty muck and the FIR states that no submerged aquatic vegetation (SAV) was noted. There is a partial fringe of smooth cordgrass (Spartina alterniflora) around the basin. The average existing depth in the basin is one foot, presumably at mean low water(MLW). The maintained channel between the basin and the AIWW has an average depth of four feet, also presumed to be at MLW. 2 The applicant proposes to renovate the existing facility by adding a second, concrete ramp (14 feet by 107.6 feet) covering 1,506.4 square feet(ft). Most of the new ramp, 890.4 ft2, would be above the mean high water(MHW) line with 616 ft2 below the high water line. The new ramp would not cross any coastal marsh and the NCDCM did not note any SAV or shellfish in the footprint of the ramp. The ramp would be constructed on high ground before being set in place. The FIR states that wet concrete should not be introduced into the system. Approximately 180- 190 feet of wooden dock and walkway(five feet wide) would be constructed. These structures would shade 544 ft2 of public trust area. Approximately 600 cubic feet of material would be removed from 5,400 ft2 of the basin bottom. The basin would be dredged to create a depth of four feet at MLW, a depth designed to match the channel depth to the AIWW. Dredged material would be transported by truck to an upland, vacant field disposal site approximately a quarter of a mile from facility. Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in Onslow County. We have also reviewed information from the North Carolina Natural Heritage Program(NCNHP)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(USGS). Data from USGS quads provide the most project- specific information on species which should be considered in permitting this project. The project area is in the Hubert quad. The occurrence data of special status species within this quad can be obtained on the internet at<httn://www.nenhp.ora/Pages/heritagedata.html >. The Service carefully considers potential impacts for all in-water construction on the West Indian manatee (Trichechus manatus), a federally-endangered mammal. The species has been reported from Onslow County and there is a current record within the Hubert quad. Manatees 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 meters (3.3 -6.6 feet) deep. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. Based on information in the PN and the FIR, the proposed work does not appear to pose a threat to the manatee. The NCDCM permit application states that construction would be accomplished with a bulldozer,backhoe, trackhoe, and motorgrader. It appears likely that the dredging would be done from the shoreline outward with land based equipment in areas less than 2.5 feet deep at MLW. While water depths might be in the 4-5 foot range during high tide, the unvegetated nature of the basin substrate, the use of small-scale dredging equipment, and the relatively small area to be dredged, would allow the Service to concur with a determination 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 w 3 need to be reconsidered 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 Our review indicates that the proposed work would not fundamentally change to use of the area. We are pleased that the proposed dock would not cross any marsh and that no SAV or shellfish areas would be impacted by the work. We have noted that Sheet 5 states that dredging would not come within ten feet of existing marsh. While it is unclear exactly how close the dredging would come to the marsh fringe, a ten-foot buffer would provide some protection from erosion caused by boat wakes. However, any increase in the buffer between the dredged area and the marsh would be beneficial to the long-term stability of this important habitat. The Service suggests that the applicant consider measures to encourage slow vessel speed within the enlarged basin. Slow speeds and the minimizing of boat wakes would reduce potential erosion of the marsh and may prevent the future requirement for shoreline stabilization. Overall, we do not believe that the proposed activity will have significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction. Therefore, the Service does not oppose the issuance of a DA permit for the actions described in the FIR and permit application of the NCWRC. 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 919-856-4520, 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. 4cer y, Pete jamin Ecological Services Supervisor cc: Ronald Mikulak, US EPA, Atlanta, GA Ron Sechler,NOAA Fisheries, Beaufort,NC Bennett Wynne,NC Wildlife Resources Commission, Kinston NC John Dorney,NC Division of Water Quality, Raleigh,NC Tere Barrett,NC Division of Coastal Management, Morehead City,NC 4 Mike Street, NC Division of Marine Fisheries, Morehead City,NC ��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 April 15, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gordon Meyers NC Wildlife Resources Commision 1720 Mail Service Center Raleigh,NC 27699-1720 Dear Sir: This letter is in response to your application request under the Coastal Area Management Act(CAMA)to carry out development activities.at Shell Rock Landing,Onlsow County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on 2/21/05, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1) It is the policy of this Division that,prior to taking final action on a project of this nature, a stormwater management plan for the proposed development must be approved by the Division of Water Quality. As suggested in the attached letter from DWQ, it is our understanding that this approval has not yet been received for this project. Therefore,it is necessary that processing of your permit application be placed in abeyance until such time as a stormwater management plan for the proposed project is issued by the Division of Water Quality,and a copy of the approval supplied to this office. You will be given five working days from date of mailing. If you can provide to this office a copy of a stormwater management permit within the required time, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not provided to this office within the specified timeframe, processing of the application will be suspended until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at(252) 808-2808, or by email me at rich.weaver@ncmail.net. Sin erely, Rich Weaver Asst.Major Permits Coordinator Cc: DCM—Morehead City 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252 808-28081 FAX: 252-247-3330 1 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �QF WATF9p Michael F. Easley, Governor O G William G. Ross, Jr., Secretary �? 7� North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E. Director Division of Water Quality March 31, 2005 @aj C yA Mr. Gordon Meyers NC Wildlife Resources Commission APR 1 1 2005 1720 Mail Service Center Raleigh, NC 27699-1720 cggehead CAy DCN4 Subject: Request for Stormwater Management Permit Appli Shell Rock Landing BAA Stormwater Project No. SW8 050320 Onslow County Dear Mr. Meyers: On March 2. 2005, the Wilmington Regional Office received a copy of a CAMA/DREDGE & FILL Permit Application Review for the subject project. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 21-1.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than May 2, 2005. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-395-3900. Sincerely, Linda Lewis Environmental Engineer ENB/arl: S:\WQS\STORMWAT\STORMSUB\050320.mar05 cc: Mike Morris, Onslow County Building Inspections James Davenport, CAMA Morehead City Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: www.enr.state.nc.us NorthCaro/l/ina An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Naturally DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 n IN REPLY REFER TO 3 -as Regulatory Division Action ID. apGS bOS1 ,6 Applicant: W"44 "-C'-.r Gr71wti,5S1&J-' Waterway: NTW 1A County: taW 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 400 Commerce Avenue Mr.Pete Benjamin, Field Supervisor Morehead City,North Carolina 28557 Fish and Wildlife Enhancement U.S.Fish and Wildlife Enhancement r r Post Office Box 33726 Regional Office Raleigh, North Carolina 27636-3726 Division of Coastal qanagement NC Department of Environment, Health Commanding Officer and Natural Resources United States Coast Guard Lfop ccina- me/rceAve,,u Marine Safety Office 'P' IQ. G. ASS 7 721 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 1-1 -2 7 0 S Questions or comments may be addressed to the undersigned, available at telephone (910)251-4930. Sincerely, V lJ Henry Wic , Project Manager Wilmington Regulatory Field Office Enclosure 1 1 r North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne Habitat Conservation Program DATE: March 24, 2005 SUBJECT: CAMA Dredge &Fill Permit Application for NC Wildlife Resources Commission, Shell Rock Landing Public Boating Access renovation, terminus of SR 1503, near Hubert, Onslow County, North Carolina. The North Carolina Wildlife Resources Commission(WRC) has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on November 29, 2004. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through I I3A-128). The WRC proposes to expand the existing launch ramp, install a walkway and temporary mooring dock, and dredge the man-made basin to match the access channel depth. An alternative high ground location in a nearby field has been selected for placement of dredged material. Area waters are classified SA-ORW and open to shellfish harvest. During our submission of application materials we inadvertently omitted our commitments to avoid the April 1 to September 30 period of peak biological activity and to use a turbidity curtain to minimize the impacts of dredging-induced turbidity on sensitive estuarine waters. The permit should be conditioned to reflect these commitments. Thank you for the opportunity to comment on this project. If you have questions, please call me at (252) 522-9736. Cc: Tom Covington, WRC Gordon Myers, WRC David Cox, WRC Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)733-3633 0 Fax: (919)715-7643 y a r fmill 11 or a� t g " ♦ } a�T V�. A . ,x - t .�:��: t e�''l, it n: ;d �,d � '��'� T��- - '�l' • r.� 'e F�,.al ,r, t i fit a 4`i4 jiz'€f. ejt.;.. .c: ! ,.k r Y.rr��..`i�'�� aF.,t:d. t� ar.lR� ,�-)•'i s+F.! fi., 1.. � .� 1 Kyoto? i. ,. � tt - 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 Will, DCM Morehead City District Planner Date: March 24, 2005 Subject: Major Permit Application, Requested by NC Wildlife Resources Commission to renovate Shell Rock Landing Public Boating Access to include a launch ramp, a walkway, temporary mooring dock and to dredge the basin at property located at the terminus of SR 1530 near Hubert adjacent to the AIWW, Onslow County, North Carolina. LUP Consistency Determination: The proposal is Consistent With &Not in Conflict with the 1997 Onslow County Land Use Plan certified by the CRC on March 24, 2000, 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 Areas, Estuarine Waters, and Estuarine Shoreline. 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 Onslow 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: "Onslow County supports the development of additional estuarine and ocean shoreline access areas to ensure adequate shoreline access within all areas of the county. The county will cooperate with municipalities and state and federal agencies to secure such access. Areas that have traditionally been use by the public will be given special attention." (Recreation Resources Policy (a), pg. IV-12) "Except as otherwise permitted in this plan, residential, commercial, and industrial development should not be allowed in natural heritage areas or coastal wetlands. Residential, commercial, and industrial development which meets 15A NCAC 7H use standards and applicable ORW management plans will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations." (Residential, Commercial, and Industrial Development Impacts on Resources Policy, pg. IV-14) "Onslow County supports expansion and improvement of its community facilities." (Community Facilities Policy, pg.IV-18) Cc: Tere Barrett, Morehead City DM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 7 A. „7. 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 FROM: RYAN DAVENPORT THROUGH: TERE BARRETT ,J SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT— SHELL ROCK LANDING PUBLIC BOATING ACCESS. DATE: MARCH 22, 2005 The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for excavating the basin, adding a launch ramp and adding a transitional dock. I recommend the project be authorized as proposed, contingent upon the following conditions: 1) No excavated or fill material will be placed at any time, in any vegetated wetlands/marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plan drawings. 2) All spoil must be placed and contained on high ground. 3) Excavation will not exceed —4' nlw. 4) This permit authorizes only the docks, piers, and other structures and uses 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 marina/docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. Cc: Ted Tyndall, DCM Henry Wicker, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper �OF W ATF9Q Michael F. Easley, Governo, �O G William G. Ross, Jr., Secretar co North Carolina Department of Environment and Natural Resource `, Alan W. Klimek, P.E. Directo Division of Water Quality March 11, 2005 North Carolina Wildlife Resources Commission c/o Tom Covington 1720 Mail Service Center Raleigh,NC 27699-1720 Qty ,� 114 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Shell Rock Landing BAA DWQ Project#050402 Onslow County Dear Mr. Covington: You have our approval, in accordance with the attached conditions (WQC#3400) to conduct the following activity located off Shell Rock Landing Road(SR 1503)near Swansboro, Onslow County. This approval allows you to: 1. Maintenance dredge 90' X 60' (600 cubic yards)of shallow bottom for the boat basin; 2. Excavate 10 cubic yards from the location of the new boat ramp; 3. Fill 108' X 14' (concrete slab) for a new boat ramp; 4. Construct a walkway and temporary mooring structure. This approval is only valid for the purpose and design that you described in your CAMA Major application received by the Division of Water Quality(DWQ) in the Wilmington Regional Office (WiRO) on March 3, 2005. 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, NPDES 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 revised CAMA Major Permit application received by the Division of Coastal Management on February 21, 2005. 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 with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .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: North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: h2o.enr.state.nc.us One NorthCaroll/ina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Aahn'al`y 4 Page Two North Carolina Wildlife Resources Commission C c/o Tom Covington Project#050402 March 11, 2005 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 excavation and no 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. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened. 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#050402 under Section 401 of the Clean Water Act. If you have any questions,please telephone Joanne Steenhuis or Edward Beck at 910-395-3900. Sincerely, <5�d�a4k 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-Joanne Steenhuis 401 Oversite Unit, Raleigh—Cyndi Karoly CAMA—Ryan Davenport CAMA—Doug Huggett WQC #3400 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the"Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; l t WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC#3400 3 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion 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 this certificate to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1621 Mail Service Center,Raleigh,NC,27699-1621. This form may be returned to DWQ by the applicant,the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Agent's Certification hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, ,as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(periodically,weekly, full rime)the construction of the project,for the Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature Registration No. Date Mail to:401 Wetlands Contact NC Dept. of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington,NC 28405-2004 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 March 2, 2005 MEMORANDUM: TO: Bennett Wynne NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: Katheryn Batts Project Location: Blackbeard Mobile Home Park on NC 210, adjacent to the Yow Channel at the confluence of the AIWW, in Stump Sound, Surf City, Pender Co. Proposed Project: The Applicant proposes to construct a 12' x 12' boatlift addition at the end of the existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 29, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at(910) 395-3900. 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 3- 2�'- 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX; 910-350-20041 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper F4CDENR 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 March 1, 2005 MEMORANDUM: 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: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes. to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock,and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. is agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. N This agency objects to the project for reasons described in the attached comments. SIGNED 4J� DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Fnnal r)nnnrfimihi i Affir—Iivn Antinn G,nnin..nr 91)01 o..M.A. A%inoi 0..,.1 n......,..., n---. Iv4U112— MAR IOW tons NCDENR arc f North Carolina Department of Environment and Natural Resd�ri 'dei"°,cESEpVATrCA D,-f Division of Coastal Management " Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 1, 2005 �e o�; - 0423 MEMORANDUM: TO: Renee Gledhill-Early r- 04-k NC Department of Cultural Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Wildlife Resources Commission 0 rkjwC,)� ' Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005. If you have any questions regarding the proposed project,please contact Ryan Davenport at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED aad DATE 3- /.0 S7 400 Commerce Avenue, More d City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper MAR 0 ALT�'� NCDENR North Carolina Department cf Environment and Natural Resources Division of Coastal Management .J Michael F.Easley, Governor Charles S. Jones, Director William G.RoF, .,�Nl�tary March 1, 2005 tooretlead C!�'` MEMORANDUM: TO: Mr. Dan Sams For Mr. James Simmons Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: *Wildlife Resources Commission Project Location: %@nslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock,and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005. If you have any questions regarding the proposed project,please contact Ryan Davenport at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. yc, 2 0o S SIGNED eFflffleFeeAvenue, Mereqgbt , Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper • . �v 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 March 1, 2005 MEMORANDUM: TO: Mr. Preston P. Pate, Jr., Director �` J Division of Marine Fisheries DMF-HABITAT FROM: Doug Huggett ----, Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review fig 22 1 Applicant: NC Wildlife Resources Commission DMF-HABITAT Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005.If you have any questions regarding the proposed project,please contact Ryan Daveport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: c T s 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 ..r DATE 3/I 0 11 U S 4 ommerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 1 � IUf is AJIFIA NCDENR i North Carolina Department of Environment and Natural Re our, '_,_FISH SANITATION Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 1, 2005 ` MEMORANDUM: ` —� ."U� V . Morehea q cis TO: Patti Fowler " Shellfish Sanitation ±._t-FISH SANITATION FROM: Doug Huggett Major'Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FlLL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005.If you have any questions regarding the proposed project,please contact Ryan Daveport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE"LAtl 4& 6' �4 DATE � " Z4 " 0--( 400 Corn rce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper APR-04-2005 09:5e JACKSONVILLE DISTRICT 9103468030 P.02 DISTRICT 1 DISTRICT 1 =vo- MBAR 2 4 2005' MAR 212005' - NCDENR oNorth Carolina Department of Environment and Natural Resources N Division of Coastal Management Michael F.Easley,Governor Charles S.Jones, Director William G.Ross Jr..Secretary PLAMNEWRMOMUMT unit Nnd. Emir,Opem ns arch 1, 2005 Rwdsidv 0%* EO$veg.Mgt. Fuld Optu.Eng. MEMORANDUM: MAR 7 XMIS TO: Ken face DesignSBVV EnQinserin9 NC DOT, State Constiuction/Materials Branch Rest Area Vegetation Mqt eeauttttcagon FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert,NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock,and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: � This agency has no objection to the project as proposed. y This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Thi enc objects to the project for reasons described in the attached comments. SIGNED DATE.:_... . ---- 400 Commerc venue, 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 TOTAL P.02 NCDENR North Carolina Department of Environment and Natural Resourcesp` �.. Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 1, 2005 MEMORANDUM: TO: Joe Henderson State Property Office FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005. If you have any questions regarding the proposed project,please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED W DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Jk (53r ��WA � s 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 March 1, 2005 MEMORANDUM: TO: Maureen Meehan, District Planner Division of Coastal Management .FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed L �j � � This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 3110"Lo� 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper I MAR 0 2 20 05 NCDENR o d 3>0_ 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 March 1, 2005 MEMORANDUM: APR 0 5 2005 a �/ w TO: Linda Lewis Morehead City � � Noel Lutheran Division of Water Quality FROM: Doug Huggett L �` �� Q5 h2` Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application ReviewAlko ly N o Applicant: NC Wildlife Resources Commission 1 6�(J Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. — tictiR &ice SIGNED &d61 DATE 'Z 5 'C'S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper �r NCDENR North Carolina Department of Environment and Natural Resources",ea' d City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 1, 2005 MEMORANDUM: —=-- TO: Linda Lewis MAR 0 3 2005 Noel Lutheran Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing.The renovation will include the addition of a launch ramp,the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. �O/ C C11 TI P/ 0.f»(/Yl REPLY: This agency has no objection to the project as proposed. 0.5.5 u&_7) 3/r/1dS __j-7/6 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 JaAC DATE _3141 06^ 400 Commerce Avenue, Morehead City, N h Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper l l ® North Carolina Wildlife Resources Commission Richard B.Hamilton,Executive Director Division of Engineering Services D §p�� 25 October 2004 DEC 2 2 2004 Roy Brownlow DENR-Division of Coastal Management Morehead City DCM 151-B Hwy. 24 Hestron Plaza II Morehead City,NC 28557 Dear Roy: The NCWRC requests a review for a CAMA Major Development permit for renovation of the existing Shell Rock Landing NCWRC public boating access area located at the terminus of SR 1503 (Shell Rock Landing Rd)near Hubert,in Onslow County. Please find enclosed a completed application, proposed development drawings, deed, waste site agreement,CAMA application fee reciept,and riparian notification green cards. We have an executed a Memorandum of Agreement with Onslow County thereby conveying use of the right of way. A copy is enclosed for your review. If you have any questions or concerns,please contact me at(919)715-3155 ext.282. Sincerely, otit l,o%44-ToP Tom Covington Facility Engineer Enclosures JUL-08-04 01 :38 AM BRUCE MORTON 910 326 7366 P. 03 • ,Ub�'�41;;4J�'a r+�: '13 yl`�-lLS-1643 tiG WILI:C?FE RES t;UMM PACE 02 I i i North Carohnaa WUEfe Resources.Commission i Chariot R.Fu1hV00a,EVCtttiVe Director IDivieinsl Of RugWeeiing Services SHELLROCK LANDING 3AA TEMPORARY CONGTRUCTION EABt=MENT Thlr.Apralement,made this 2`6 day of . 0j J 1,4 20 D4 , between Rrucs Iviortan,hereinafter designated Grantor, and the North Carolina Wildlife Resources C,ommissirar i, hMr einafter deaignated Grantee,does hereby grant unto the afantes, Its succassor5, 9"igr iH, agenla, contraCtors, subcomtraCtaro,and employ s Wmission to enter the property desui ibed on the attached Sheets and grants the exQIUSIV9 right to Worm construction activitiss necessary to maintain navigable watery at the Sheliroek Lending ftattrlg Access Area Construction activities rn$y include travel with dump vehicles and placement of dredged material on dru Grantor's property. Actrvitras will eisa Include grading the site to a mowgble concition i 34.•2G5 01.431 Physlctal waste site to located art N 340 W 77* Physical address of property is as bilows' The QftaMtOr ralsp gr'ante to the Grantee.Its successors,aesigna,agents,contractor$. and employees the right to erect and use construction equipment at the site bf line construction herre;n IT IS UNDERSTOOD that the Eassm•nt rights herein granted shall term mate upon cornple:ion of the 3boye•menllonmd construction project, I t 19 ALSO UNDERt3 000 that the Easement heroin grmled does not convey any right or interest in the above described propany,excsopt im stated herein, nor plevenl Grantor from the uNe of sa xi property;provided, however that such use does not interfere with the rights nerc,n granted, In addition, tfle Grantee, its successors, assigns, agents, Contractors, oncl employees "roe to the following oondlllons of entry; DAMAGE TO PROPERTY:Shall axerciss care to avoid damaging me proDerty ir,any manner not conglatent with the ourpose�w M1iCh this agroanl8nt is ircuwC. DIVISION OF ENGINEERING SERVt(:t.S J t ;vtpillM1g.LdJrcis: ',714`tail Serviee>!'encer • Rale•q;ii. N(:12J i . ,{ 01'firc?oration: g 12 N. Sniisbury Street - Raingh, NC �Tticphone U�C',�,� � 2004�:+' Morehead City DCM JUL.-08-04 01 :38 AM BRUCE MORTON 910 326 7366 P. 01 • r,a;1u�_be3a �a; 13 919-715-'64j NC; WILECIFE RE, i.ONM Pq"aE 03 4wk1 =i North Carolina Wfldffe Resources Commissi ion C}�,1rla�k.Fullwot+lt.Executrv�-LlireCtor z COOPERATION WITH GRANTOR; Shelf at all times cpgperate with Grantors)and comply with reasonaNts requests not Inconliatentwlth the purpo6e for which this agreement IS issued. 3. CLEANUP, Shall spread mateftel undbrmly over the watruction eite, seen,aria iertvzo. Upon completion, of the approach, ehtsll dean all the ground occcpled of all ribbish• excess rngteriel, temporary structures,and equipment. a• ACCEp7ANCE; All parts of the approach site shell tm left to am-ptebte condition Orantety Grantor i Grants printed µarse Qat® Date DEC 2 2 2004 Morehead City DCM DIVISION Of FNGINEERINC;SERVXYS �- MailinK Address: I?Z0Kid 5ervicecentrr • R416gli.NC 17691) 112C Office Location: 512N 56li3bur� 5tree: • uleig6,lac -"Clephonr. (9P)1 -t 5 • 1•. .. I MEMORANDUM OF AGREEMENT AGREEMENT TO REPAIR, IMPROVE,AND OPERATE DEC 2 2 2004 A PUBLIC BOATING ACCESS FACILITY Morehead City DCM This agreement is made and entered into this the 2 day of � ,�i,.�y , 2002, by and between the NORTH CAROLINA WILDLIFE RESOURCES COMMISSION, hereinafter referred to as the COMMISSION, and the COUNTY OF ONSLOW, hereinafter referred to as the COUNTY. I. PURPOSE OF THE AGREEMENT It is mutually agreed that the COMMISSION and the COUNTY will cooperate to provide free public boating access at the boat landing located on the 2.31 acre parcel owned by the COUNTY at the terminus of Shell Rock Road adjacent to the Atlantic Intracoastal Waterway. II. RESPONSIBILITIES A. The COMMISSION agrees to: 1. Provide design development for repairs and improvements to the public boat landing. 2. Obtain all regulatory permits required to initiate construction. 3. Construct all repairs and improvements to the boat landing and adjacent courtesy docks. 4. Maintain the landing,in a serviceable condition, as a free public boating access area, with no closure of the site, except for repair purposes or emergency situations. 5. Maintain the grounds surrounding the site keeping the grass mowed and litter . removed regularly. B. The COUNTY agrees to: 1. Permit use of the property by the COMMISSION for the purpose of improving access roads, parking area, boat launching ramps and docks. C. IT IS MUTUALLY AGREED THAT: 1. Following development, this site will function as a free public boat launching facility and be added to the COMMISSION's boating access facility inventory. A TRU 19P L 16 VED DEC 2 2 2004 III. TERMINATION Morehead City DCM It is mutually agreed that either party may terminate its involvement in this agreement by written notice to the other at least 120 days in advance of the date on which termination is to become effective. IV. TERM OF AGREEMNENT This agreement shall become effective upon full execution and shall continue in effect for a period equal to 25 years. IN TESTIMONY WHEREOF,this Memorandum of Agreement has been executed by the parties hereto, in duplicate originals, as of the date first above written. ONSLOW COUNTY Ronald B.1,ewis,County Manager ATTEST NORTH CAROLINA WILDLIFE RESOURCES COIvMSSION ATTEST Charles R.Fullwood,Executive Director Gordon .Myers,Engineering Services Divi t Chief DCM% DWQ% Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341 I. Private,non-commercial development that does not involve 5250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: ,1. II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) 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,noncommercial development,If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality $400 100%($400) 0%($0) 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 $400 60%($240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No.3301(see attached) $400 60%($240) 40%($160) can not be applied: IV. For development that involves the filling and/or excavation of more $475 60%($285) 40%($190) than one acre of wetlands and/or open water areas: Y COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. eived by(Ple a Print Clearly) B. Da a of elivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Sign at re ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. 4'—, ❑Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �N�R'R L C-�ARNEQ 153 QvAriRHoRs� 12�, ttTO�1 C 215ftt1 3. Service Type ■Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes "wine label) r,1 102595-00-M-0952 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Gate of Deli ery item 4 if Restricted Delivery is desired. 11 ■ Print your name and address on the reverse �` so that we can return the card to you. C. Sig azure ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. ❑Addressee Is roe a ress different from item ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No H+�RVEiL �, C.owNS, PA hm,+:T2tsa It0l �3R1DGe5 �s'� MORE READ C" NC, 3. Service Type 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) "7 000 100 000'2- 3544 (p 134 PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M-0952 ALT W� 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 Legal Advertisement Section Re: Public Notice—Shell Rock Landing Public Boating Access Renovation To Whom It May Concern: Please publish the attached Notice in the March 3, 2005, issue of the Jacksonville Daily News. 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, 1638 Mail Service Center, Raleigh,North Carolina 27699-1638, 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, Ryan Davenport Coastal Management Representative jrd Enclosure cc: Doug Huggett Ted Tyndall, Assistant Director 151-B Hwy.24,Hestron Plaza ll, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Fnnnl nnnnrfiinihi\ Affirmafivo Arfinn Fmnlnvor_F(W/-PonvrIM\ino/Pnci('nnciimar Pnnor DIVISION OF COASTAL MANAGEMENT NCDENR NORTH(1AOUr DEPARTHEJxr OF E}INCHr+EYr AND NxrURAi-RESOURCES 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: Ally /46C4c(S OFFICE: L EGf1L Tb 1JEleTIS WEA17- SEGnd^1 TELEPHONE #: I 1 FAX #: r 10 3- FROM:' OFFICE: DIVISION OF 1 A T AL NlAitiA -_i\,t NT RE: �LFASF E ATTAcNEb AldTlCr i&1 D ATE S ENT: TOTAL NUMBER OF PAGES INC ITptN , COVER SHEET: 3 - NOTICE OF FILING OF APPLICATION FOR CAVIA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on February 21, 2005. According to said application, The North Carolina Wildlife Resources Commission has applied to renovate the Shell Rock Landing public boating access area located at the terminus of SR 1503 (Shell Rock Landing Rd.) near Hubert, in Onslow County. A copy of the entire application may be examined or copied at the office of Roy Brownlow, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to March 24, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: March 3, 2005 151-B Hwy.24,Hestron Plaza II,Morehead City,North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net • 11-,:-_r__I_..... rAO/ n........1..A% ino/ n_-s(,...,.......,..f1....... P. 01 TRANSACTION REPORT MAR-01-2005 TUE 12:24 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP MAR-01 12:22 PM 919103530935 51" 3 SEND OK 883 J NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Eas!ey, Governor Charles S. Jones, Director William G. Ross Jr., Secretary North Carolina Wildlife Resources Commission March 1, 2005 C/O Mr. Tom Covington 1720 Mail Service Center Raleigh NC, 27699-1720 Dear Mr. Covington: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located Shell Rock Landing public boating access. It was received on February 21, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 6, 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will 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 days from February 21, 2005, 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 comments from reviewing agencies. Sincerely, � J G Ryan Davenport Coastal Representative RD Enclosure cc: Doug Huggett Tere Barrett, District Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Fnual nnnnr i inifv\Affirmafiva AMinn Fmnlnvar_Fno/.Rorvrlorf\1 n°/Pno(nnci imor Pnnor PROJECT: r i 1 4 No I 1 (00* 19A CAMA PERMIT AP.IPLIFM R COMMENTSAft 40 m L • - LmWvfCWP 211A W;w APPLICANT- FOR MORE DETAILS CONTACT i , OCAL - • ■ 1 Abfthdft 4iicg .'