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77-05 Pamptecough Shores Company
Permit Class Permit Number NEW 77-05 STATE Off'NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS. 113-229 Issued to Pamptecough Shores Company,P.O.Box 519,Tarboro,NC,27886 Authorizing development in Beaufort County at Pamlico River,Lot 374 Kugler Camp Road, Dawkins Beach , as requested.in the permittee's application dated 3/17/05, including the attached workplan drawings (4) all dated 3/17/05. This permit, issued only 25,2005 , 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. Docking Facility 1) This permit authorizes only the docks, boathouse, and other structures and uses located in or over the water that are expressly and specifically set forth in the attached permit application and 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. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action shall 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 shall be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. ���"""" v r� �A Any maintenance work or project modification not covered Chares S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. ILDecember 31,2008 In issuing this permit, the State of North Carolina agrees your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Pamptecough Shores Company Permit# 77-05 i Page 2 of 3 ADDITIONAL CONDITIONS 3) The boathouse shall not be completely enclosed or have side coverage more than one-half the height of the side, from the roof waterward. f 4) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 7) 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. 8) This permit does not authorize the interference with any existing or proposed Federal project, and.the permittee shall not be entitled to compensation for damage.to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 9) This permit authorizes a maximum of ten boat slips. General 10) 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. 11) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the Rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490(DWQ Project No. 05-0522), which was issued on 4/12/05. ±f4¢Sb-0M+r+k'�a]?a�:-}'TiC-}'v:-•.Y.:-Y.�Y!G..::4.'' }Gd00Y144CGN..'�Y}GPI'MJ?�p4� .Y}4}( t Pamtecough Shores Company Permit#77-05 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510766. 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 May 25, 2005 Pamptecough Shores Company P.O.Box 519 Tarboro,NC 27886 Dear Sir and 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, V, 1� Doug as V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1' DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Pamptecough Shores Company 2. LOCATION OF PROJECT SITE: Off SR1336 @ Lot#374 in the Hawkins Beach Community adjacent to the Pamlico River,near the Town of Bath in Beaufort County,North Carolina. Photo Index 2000: 1288 &9�5Ig 1995: 1105 S5 State Plane Coordinates -X: 626,000 Y: 2,639,250 GPS Rover File#H031015A USGS Quad: Bath 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10 March 2005 Was Applicant Present -No 5. PROCESSING PROCEDURE: Application Received— 17 March 2005 Office-Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Community (B) AEC(s) Involved: EW,PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—N/A Planned -N/A (F) Type of Structures: Existing—bulkhead around most of the boat basin, launch pier, and boat ramp. Planned - ±115' X±3 F 10 slip boathouse. (G) Estimated Annual Rate of Erosion: N/A Source— 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B)Non-Vegetated Wetlands 843 square feet of Creek bottom (upland basin) shading (C) Other (D) Total Area Disturbed: 3,565 sq. feet (E) Primary Nursery Area: No (F) Water Classification: SC/NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a 10 slip boathouse inside an existing man- made basin. Pamptecough Shores Company Boathouse Linton Marine Construction Beaufort County Project Setting The project site is a man-made basin located at lot 374 Kuglercamp Road beside the Pamlico River in the Hawkin's Beach Community near the Town of Bath in Beaufort County North Carolina. The man-made basin connects with the Pamlico River, an estuarine water body that is classified SC/NSW by the North Carolina Environmental Management Committee. A boathouse similar to the one proposed by the applicant has stood on the site for more than twenty-five years as depicted in aerial photography from 1978. The original boathouse was recently removed to facilitate replacement of the bulkhead. Existing structures on the project site include bulkhead that runs along the entrance canal to the boat basin and around the basin to approximately half way across the west side, a boat ramp in the northwestern corner, and a launch pier on the eastern side of the boat ramp. A portion of the southern side of the basin has been left without bulkhead. The property is bordered to the north by Kuglercamp Road and to the south by a narrow strip of pine trees, with and under-story of woody shrub scrub vegetation that slopes down to a sand beach. Single-family homes border the site to the east and west. The surrounding lots are vegetated with a mixture of pines, hardwood trees, lawn grasses and ornamental shrubs. Project Description The applicant proposes to construct a±115' X±3 I' (drip line) boathouse within the man-made basin. The sides of the open-sided boathouse are to begin 7' above the bulkhead elevation therefore being 7' plus±2 additional feet to the normal water level. The side wall will be 5' and less in height as the shed roof slopes to the rear of the building. The boathouse will contain 10 slips and be serviced by 6 finger piers±3' X ±28' each. A±3' X±113' access walkway will run along the inside back wall of the boathouse. Anticipated Impacts The project as proposed will result in the shading of±843 square feet of boat basin bottom. The project as proposed will result in localized turbidity as a result of the construction activities. Mike S. Thomas 23 March 2005 Form DCM-MRl APPLICATION (To be completed by all applicants) b. City, town, community or landmark NAw><.� s r3eA �� 1. APPLICANT c. Street address o[r�secondary road number ( / a. Landowner: 7 S q Name COcI �af 5 0� a+l d. Is proposed work within city limits or planning jurisdiction? Yes X_ No Address �.�. �bX e. Name of body of wat r nearest pro ect (e.g. river, City �a r�ro State /V• 1. , creek, sound, bay) P g k co ;vc r _ Zip ` � Day Phone a - 131 Fax , '�_ 132 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent:Name �vil X411,4 r; �o�iS�!✓G�;off a• List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and excavation and/or fillip activities. (^ Address City a+� State N �. TeDlt�c Zip Day Phone ���' `�� " w �� b. Is the proposed activity maintenance of an,existing q project, new work, or both? Alf J (0 oc 1". Fax " /��' �� c. Will the project be for public, private or commercial 4 use? P r%,t a�fe c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Permit will be issued in name of lmidowrur(s), andlor project. If more space is needed, please attach additional pages. A /C) s 1-1 H CS J✓fG proje�name. b-Ieit o +ricto r v �Qr r A C,(D . G 2 arm Z. LOCATION OF PROPOSED Ln ti s fir PROJECT M e,.`ri'.'A . Is a. County Cct LJ- t Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSIOP TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to thi adjacent waterfront (riparian) landowners and application will allow only the development described i signed return recei is as roof that such owners the application. The project will be subject to conditior si g'�' P p and restrictions contained bi the permit. have received a copy of the application and plats by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the propose that they have 30 days in which to submit comments activity complies with the State of North Carolina' on the proposed project to the Division of Coastal approved Coastal Management Program and will f Management. Upon signing this form, the applicant conducted in'a manner consistent with such program. further certifies that such notice has been provided. Naive I certify that I am authorized to grant, and do in fac Address grant permission to representatives of state and feder Phone review agencies to ester on the aforementioned lands i connection with evaluating information related to th permit application and follow-up monitoring of 0Name Address t o) , , e w / project. Phone �' 5 � ' ' c1 j' I further certify that the information provided in th Name ' �' lication is truthful to the best of my knowledge. Address Phones`3 -fi �- ��-Ste_ n This the I day of �\I \a��� , • A list of previous state or federal permits issued for Lwork on the ProJ'ect tract. Include permit numbers, Print N&-ner ���°n permittee, and issuing dates. Signature Lm%downer or Authorized agent N - Please indicate attachments pertaining to your propot • A check f®r �250/$400/$475 made _. ._--------- -- ... ..........._ payable to the Department of Environment 8s project. Natural Resources (NCDENR) to cover the DCM MP-2 Excavation and Fill Information costs of processing the application. DCM W-3 Upland Development DCM MP-4 Structures Information ® A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM W-6 Marina Development A statement of compliance with the N.C. NOTE: Please sign and date each aaachmeni in Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 400 copies of this public document were printed at a total cost of S52,48 or $ .13 per copy. Form DCM-W 4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Co er ial Community Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Descrip 'o of uo (Color, ipt n, e, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial Community X Private (2) Number tjFA- (3) Length A (4) Width of water b (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers �_ Yes No shoreline (i) Number 16+ (ii) Length a9'kO %/3' f. Mooring structure oat ift, mooring pilings, etc.) (iii) Width 3 (1) ____ Commer ial Community_ Private (6) Platform(s) Yes _X No (2) Number (i) Number tJA (3) Length (ii) Length X4 _ (4) Width (iii) Width WA (7) Number of slips proposed 10 g. Other (Give comptet des pdon) (8) Proximity of structure to adjacent riparian property lines :1 Io' (9) Width of water body ± ?,-4 (10) Water depth at waterward end of pier at MLW or NWL +� 3 b. Boathouse (including covered lifts) (1) Commercial X— Private �1'1\toil (2) Length 1/5 ' (3) Width 31 , Applicant or PQect Name c. Groin (e.g. wood, s ee it etc.) g (1) Number Signature (2) Length(s) �� _ D Hate d. Breakwater (e.g. woo , shee ile, etc.) (1) Length (2) Average distan a fro MHW, NWL or wetlands (3) Maximum di ce e o d MHW, NWL or wetlands Revised 03/95 R°Q�C d �F °a � w s� m� Wet, �rn IV 4 ,7C c °44^ y ® gym B PQ cL q'�cr Ni I � � pool �u11C'gS �2ac`1 �°mM�n;�y �ot4�a,•sC cq le O(atlifl 6 y: h,Af 04 i i Ell r;JO Vol Tj Y ,T \ S � :q ng 1 VMb,o �l b7 S �US _ I /I —wJ J1 > C,I N �/4wk��15 //Cv�'T lo'"nv�l;� �v2U`�o✓s�. y _ Q Oaf 3�y � S< c1le 0 1 U�\�•�o h�,ul� - S Ile^ Ora.) b�I (� Jo�1 ierUlJ 3� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I s Ore_ v , ` I I — U .7 1 -10 yar.✓�:►tS �fao�l Coat.rtvn;�y d�okVGidvS �sf 37Y Scu1c, Q(a'wrl by.// 3 5 (�n� \ dff a',JC/1 -nfo route c� ra 5 � 7' a -rf.m "I �c S O e, . fovn G� Linton Marine Construction 252-923-6191 Fax 252-923-9926 To whom it may concern, We propose to build a 10 stall boathouse .It will be 115' long by 31' wide. It will be built on the tract presented in this proposal.The boat house will be shared by 10 different owners ,it is a community boat house located at the Hawkins Beach boat basin.There has been a boat house of the same before mentioned deminsions on the property for over 50 years. The old boat house became way o old ,rotted and dangerous for repairs and needs to be replaced. The owners have no where to ock and store there boats and a new boathouse is deffinately needed.NCDENR has given us 1 0� 2800 square feet of deck space we will only be using 849 square feet of deck space . Thanks, Bud Linton Linton Marine Construction 03/17/05 11:05 FAA 919 677 8600 PRESTON DEVELOMENT CO. Q001 Linton Marine Construction 252-923-6191 Fax 252-923-9926 i-:ereby signify that I a{n the head of the construction project for Pamptecough Shoms cc)rnpany conning the building of this 10 sfali boathouse Iocaied at Lot 374 Kugler Camp Rd. in Washington N1 G, . l also hereby signify that Linton Marine Const '!xticn w1l be building and installing the boathouse, i also give them perniissiora to apply for the Came major permits on our behalf . Sig Date '1>I05 Ld :�d2y:S© S3C 9T 'apL1 T 9�66-zGn Z ON XaJ MAI17r1?J1STl0)�NI?iFiW"h{011il� bOMA DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Pamptecough Shores Company County: Beaufort LOCATION OF PROJECT: Off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County, North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 17 March 2005 FIELD RECOMMENDATION: ATTACHED CONSISTENCY DETERMINATION: FIELD REPRESENTATIVE: Mike Thomas DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $250 PUBLIC NOTICE REC'D: Q 31.z&/OS END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: lr DEED REC'D: APPLICATION ASSIGNED TO: �Pqa u. ON: C) 75 DAY DEADLINE: G1-5 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: f dos FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional representative 4( Coastal Management - LUP Consistency Determination Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) y/i5- 0 r� s n�o 33 State Property Office V Division of Archives & History 1� Division of Environmental Health Division of Highways Wildlife Resources Commission �{ 05 Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Permit# 9� -°S DCM Coordinator: Weml(l— MAILING DISTRIBUTION: 2 �� �l°l Permitee: �fnMP �t'�L4 S kc �o�►f7apt �' Agent: `,n4 ,1 DCM Field Offices: ji i th Cty ehead City ashington Wilmington US Arm r s of Engineers(USACE): Washington: Mike Bell(NCDOT) Bi iddlecome(NCDOT) Raleigh Blan Wilmington: Dave Timpy(NCDOT) Henry Wicker Othe ultural Resources: Renee Gledhill-Earl Environmental Health: Terry Pierces Marine Fisheries: Mike Stree� NCDOT: Ken Pace{/ Shellfish Sanitation: Patty Fowle� State Property Office: Joseph Hendersod� Water u 1 for non-DO John Hennessy(NCDOT) ater Resources: John Suther an ildlife Resources: Maria Tripp ennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at 1 Agent at a�a ' �� —9 R.2 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) CANIA Major Permit Process Manual Page 70 of 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO May 12, 2005 Regulatory Division MAY Action ID No. 200510766 Morehead City DPs"""iv, 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 Pamptecough Shores Company for a Department of the Army permit to construct a 10-slip boathouse inside an existing man-made basin, on property located off State Road 1336, adjacent to the Pamlico River,near Bath, in Beaufort County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation,or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. -2- 3.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. 4. 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. 5. 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. 6. 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. 7. 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. Raleigh Bland,Washington Field Office, Regulatory Division, telephone (252)975-1616, extension 23. Sincerely, wko Raleigh Bland, P.W.S. Regulatory Project Manager -3- Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 fA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles Jones, Director William G. Ross Jr.,Secretary Memorandum TO: Doug Huggett, Major Permits Coordinator FROM: Jonathan Howell, Washington District Planner RE: MAJOR CAMA PERMIT request by Pamptecough Shores Company, located Off S.R. 1336 at lot #374 in the Hawkins Beach Community, adjacent the Pamlico River, near the Town of Bath in Beaufort County, North Carolina DATE: May 11, 2005 LUP CONSISTENCY DETERMINATION The proposed project is consistent and not in conflict with the 1997 Beaufort County Land Use Plan, provided that all work is constructed in accordance with applicable local, state and federal rules and requirements. PROJECT SUMMARY The applicant proposes to construct a 10-slip boathouse inside an existing man-made basin. Areas of Environmental Concern impacted by the project are Public Trust Areas and Estuarine Waters. BASIS FOR DETERMINATION The 1997 BEAUFORT COUNTY LAND USE PLAN (cert. 11/20/98), designates the area affected by the project on their Land Use Classification Map as "Community". Additionally, areas within the AEC, also qualify for the "Conservation" classification. County policies related to this project include the following: • The county encourages the development of marinas (for mooring of ten or more vessels) and dry stack storage facilities at appropriate locations provided that such development is consistent with all State and Federal regulations and the following conditions: ➢ New marinas are not to be located in Primary Nursery Areas; ➢ Construction of marinas in Class SA and/or WS-111 waters are to be provided with pump-outs; ➢ The timing of marina construction involving dredging shall be determined by Division of Marine Fisheries. (page IV-9) • Beaufort County supports the use standards for estuarine waters and public trust areas as specified in 15A NCAC 7H .0207. (page IV-18) • Beaufort County supports the state's shoreline access policies as set forth in NCAC Chapter 15, Subchapter 7M. The county will conform to CAMA and other state and federal environmental regulations affecting the development of estuarine access areas. (page IV-25) CC: John Thayer, DCM Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 Fax: 252-975-3716 An Equal Opportunity/Affirmative Action Employer—50% Recycled/ 10% Post-consumer paper Re: Bayview Town Homes and Pamptecough shores Subject: Re: Bayview Town Homes and Pamptecough shores From: Sean McKenna<Sean.McKenna@ncmail.net> Date: Wed, 04 May 2005 09:09:43 -0400 To: Rich Weaver<Rich.Weaver@ncmail.net> Rich, I sent both of those to Mike on Monday, I had no problem with either one. Sean Rich Weaver wrote: Hey Sean, Thanks again for your comments you sent off yesterday. I have two more from Beaufort County that need your comments when you get a chance. They are: 1. Bayview Town Homes and Assoc., inc. Beaufort County George Linton is the agent 2. Pamptecough Shores at Hawkins Beach in Beaufort County George Linton is the agent Thanks Sean Rich Weaver, Assistant Major Permits Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 FAX (252) 247-3330 Toll Free: 800-912-CAMA t of 1 5/5/()5 1 1:09 A-M �0 W A rE, Michael F.Easley,Governor William G.Ross Jr.,Secretary co;y 7 North Carolina Department of Environment and Natural Resources DLLK)-- :--I Alan W.Klimek,P.E.Director Division of Water Quality ty' April 13, 2005 Pamptecough Shores Company Mor ehe P.O. Box 519 a� City � �� Tarboro, NC 27886 Subject: CAMA/Stormwater Review SW7050334 10 Slip Boat House Beaufort County Dear Sir: The Washington Regional Office received a copy of your CAMA application for a proposed 10 slip boathouse replacement at lot 374 Kugler Road on March 24, 2005. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact me at (252) 948-3923. Sincerely, Rog r K. Thorpe Environmental Engineer Washington Regional Office cc: ✓Doug Huggett, DCM Washington Regional Office Central Files o`NrthCar ,Nature North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper W A TF Michael F.Easley,Governor Ac) William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality April 12, 2005 DWQ Project# 05-0522 RECEIVED Beaufort County Pamtecough Shores Company '� C/o Mr. George Linton A P k 14 20 0 G P.O. Box 519 Tarboro,NC, 27886 DIV.OF COASTAL'IMR AGEMENT Subject Property: Off SR1336 at Lot#374 adjacent to the Pamlico River 29-(1), SC NSW Approval of 401 Water Quality Certification(GC3490)with Additional Conditions Dear Mr. Linton: You have our approval, in accordance with the attached conditions,to place fill material within or otherwise impact by shading 0.019 acres of waters to build a 10 slip boat house as described in your application received by the Division of Water Quality(DWQ)Wetlands/401 Unit on March 28, 2005. After reviewing your application, we have determined that the Division of Water Quality(DWQ) General Water Quality Certification Number 3490 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to) erosion and sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1 .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) 404/CAMA Wetlands 0.019 (acres) DCIM Field Investigation Report ��o N �thcarolina 401 Wetlands Certification Unit )Vaturlllllf 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet:http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Pamtecough Shores Company Page 2 of 2 April 12,2005 2. 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 the attached certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification(GC)3490. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts),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,which conforms 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 Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan W.Klimek,P.E. AWK/cbk Enclosures: GC 3490 Certification of Completion cc: Linton Marine Construction,4229 Hwy 92E,Bath,NC,27808 Doug Huggett,DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 050522Pamteacough(Beaufort)401 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGIN Washington Regulatory Field Office APR 0 s 2005 P.O.Box 1000 IN REPLY REFER TO Washington,North Carolina 27889-1000 6-1A ®G Morehead City i�CM Regulatory Division Action ID: ���i ��'� Applicant: -'%VAF'C0V1; 1 �kuve� C'0m %-(\ Waterway: !(a L/ County:6 V Work Type: ©kkl n 1'i Mr. Ron Sechler Mr. Doug Huggett National Marine Fisheries Svc, NOAA Division of Coastal Management Pivers Island NC Department of Environment,Health Beaufort, NC 28516 and Natural Resources Hestron Plaza II, 151-B Highway 24 Mr. Pete Benjamin Morehead City, NC 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 MV. lefff,4 (A9 � Raleigh, North Carolina 27636-3726 Sr. Regional Office Division at Coastal Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV and Natural eso rces Water Management Division U.S. Environmental Protection Agency LA,,\J,, 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed. vy ur comments ay.d/or recommendations would be appreciated on or before it Zoo Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (252)975-1616, extension 23. Sincerely, Raleigh . Bland, P.W.S. Regulatory Project Manager Enclosure Memorandum To: Doug Huggett Through: Terry Moore From: Mike Thomas Date: 28 March 2005 Subject: Pamptecough Shores Company Major Application The proposed project appears to be consistent with the rules found in Subchapter 7H concerning development in Estuarine Waters and Public Trust Areas. I recommend issuance of the permit with the following standard conditions included. Conditions: 1. Unless specifically altered herein, this permit authorizes construction of a ten-slip boathouse, all as depicted in the permitee's application and work plan drawings dated 17 March 2005. 2. 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 non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 3. The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 4. The boathouse shall be single story, and shall not be designed to allow for second story use. 5. No sewage whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. sad consr,�� �) a North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM l TO: Mr. William McNeil Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator DATE: 24 March 2005 SUBJECT: CAMA Application Review APPLICANT: Mr. Bud Linton, Linton Marine Construction, Agent For: Pamptecough Shores Company PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a±115' by±3 F (drip line) boathouse. The boathouse will contain 10 slips and be serviced by 6 catwalks±3' by±28'. An additional catwalk±3' by±113' will run along the back of the boathouse at property located off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County,North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 14 April 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. L-- This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the Zattached comments. Signed Date .3� NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper IL o a0l CQ MT4141 60 ~' z z North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Jim D. Simons, P.G., P.E. State Geologist & Director Division of Land Resourcesrm FROM: Doug Huggett Major Permits Processing Coordinator APR 0 4 2005 DATE: 24 March 2005 DCM Morehead City SUBJECT: CAMA Application Review APPLICANT: Mr. Bud Linton, Linton Marine Construction, Agent For: Pamptecough Shores Company PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a±115' by±31' (drip line) boathouse. The boathouse will contain 10 slips and be serviced by 6 catwalks ±3' by±28'. An additional catwalk±3' by±113' will run along the back of the boathouse at property located off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 14 April 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached m ents. Signed Date 5 No e hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A North Carolina Department of Environment and Natural Resources Division of Coastal Management % . — 1 4. Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Patty Fowler NCDENR Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator DATE: 24 March 2005 �, SHEI-LFISH Sq ._ ._...- NlTgno JV SUBJECT: CAMA Application Review APPLICANT: Mr. Bud Linton, Linton Marine Construction, Agent For: Pamptecough Shores Company PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a±115' by±3 F (drip line) boathouse. The boathouse will contain 10 slips and be serviced by 6 catwalks ±3' by ±28'. An additional catwalk±3' by±l 13' will run along the back of the boathouse at property located off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 14 April 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. _ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the / attached comments. Signed fu -1l f i Date One No hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Natimall f Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper F COASTgT ., JAW t> 8 TRY MAR 29 2005 North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Renee Gledhill-Early p5 C17 NC Department of Cultural Resources ER 1 1 Archives & History Building O FROM: Doug Huggett Major Permits Processing Coordinator DATE: 24 March 2005 1� �la-10� SUBJECT: CAMA Application Reviewrp r , LF a APPLICANT: Mr. Bud Linton, Linton Marine Construction, A ent 4 For; Pamptecough Shores Company APR 11 2005 PROJECT LOCATION: Beaufort County at E)CM PROPOSED PROJECT: The applicant proposes to construct a±1 M$y (drip line boathouse. The boathouse will contain 10 slips and be serviced by 6 catwalks±3' by±28'. An additional catwalk±3' by±113' will run along the back of the boathouse at property located off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 14 April 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date ��lo One No hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 NaAma!!lf Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.netl An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 11o%Post Consumer Paper MAR 2 9 2005 OF C OAS"A'„ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Maria Tripp 52627 Z82g NC Wildlife Resources Commission FROM: Doug Huggett NA I? Major Permits Processing Coordinator N RECr.I d� CHazl {t C) DATE: 24 March 2005 SUBJECT: CAMA Application Review APPLICANT: Mr. Bud Linton, Linton Marine Construction, Age4j, For: Ramptecough Shores,Wpany PROJECT LOCATION: Beaufort County Morehead City DCM PROPOSED PROJECT: The applicant proposes to construct a±115'by±3 I' (drip line) boathouse. The boathouse will contain 10 slips and be serviced by 6 catwalks±3'by±28'. An additional catwalk±3' by±113'will run along the back of the boathouse at property located off SR 1336, Kugler Kamp Road, at Lot 374,beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County,North Carolina. Please indicate below your position or viewpoint on the proposed project and return this. form by 14 April 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. _ C This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed � Date t A,,n' 1 �D MEMORANDUM None Carolina 943 Washington Square Mall,Washington,North Carolina 27889 rQ�1112; Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper apt COASTgT� North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Preston P. Pate, Jr. Director MAY - 4 Division of Marine Fisheries FROM: Doug Huggett p ,F-HABITAT Major Permits Processing Coordinator DATE: 24 March 2005 SUBJECT: CAMA Application Review APPLICANT: Mr. Bud Linton, Linton Marine Construction, Agent For: Pamptecough Shores Company PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a±115' by±31' (drip line) boathouse. The boathouse will contain 10 slips and be serviced by 6 catwalks ±3' by±28'. An additional catwalk±3' by±l 13' will run along the back of the boathouse at property located off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County,North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 14 April 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. / REPLY "- This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed ,, �z Date 0nc NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Natimally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DevefopmeniType . FEE DCM% DWQ% (143DD 1601 4351 DOOM 1625 6253) (24300 1602 4351 DD095 2341) t.Private,non-commerCia development that does not involve the filling or excavation of any S250 100°�(5250) D°A(SO) wetlands or open water areas: 11. Public or commercial development that does not involve the Suing or 100°�,(S4Do) D°,G(SO) excavation of any wetlands or open water areas Ill. 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 BPPfie 111(A� For Private,nw commercia development,If General water Quarty S250 100%($250) 0%(SO) Certification No.3301(see attached) can be applied: 111(13k Forpublicorcommercial development.if General water Quality SOO 1 DD°,6(5400) 2' Certification No.3301(see attached) 'y. can be applied: lll(Cj If General Water Quardy Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and S40D 60%(S240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic fife: III(D). If Genera Water Quality Certification No.33D1(see attached) S4DD 60%(S240) 40%($160) can not be appled: IV. For development that involves the filling and/or excavation of more S475 60%(S2B5) 40%(S19D) than one axe of wetlands and/or open water areas: a�pF COAS7q�� 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 24 March 2005 WASHINGTON DAILY NEWS Post Office Box 1788 Washington, NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 26 March 2005 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3812. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notices, and an original invoice to: JAYE POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 Thank you. Sincerely, ,a Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed: Original mailed: No chCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Natimall f Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagementneV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 17 March 2005. According to the said application, Mr. Bud Linton, Linton Marine Construction, Agent for Pamptecough Shores Company, proposes to construct a±115' by±31' (drip line)boathouse. The boathouse will contain 10 slips and be serviced by 6 catwalks ±3' by±28'. An additional catwalk ±3' by ±113' will run along the back of the boathouse at property located off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Community, near the Town of Bath, in Beaufort County, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC during normal business hours. Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT DIVISION, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, 400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 20 April 2005 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 26 March 2005 in the Washington Daily News for the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, COASTAL MANAGEMENT DIVISION. a North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles MS.arch Jones, Director William G, Ross, Jr., Secretary Linton Marine Construction Attn: Bud Linton 4229 Hwy 92 East Bath,NC 27808 Dear Mr.Linton: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located off SR 1336, Kugler Kamp Road, at Lot 374, beside the Pamlico River in the Hawkins' Beach Co► rmynity, near the Town of Bath, in Beaufort County, North Carolina. It was received on 17 March 2005 and appears to be adequate for processing at this time. The projected deadline for making a decision is 31 May 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. If this agency does not render a permit decision within 70 days from 17 March 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. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Pert-nit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required,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, Mike Thomas, Field Representative Division of Coastal Management Washington Regional Office ENCLOSURE c: Doug Huggett Nose hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 atllra!!; Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ .- .....�___,_..__ cnm 1__.1-1-11 4noi n—r—..—Denny o CAMA RMIT A PLIE13 F I OR PROJECT: ST2 C71CXJ �rJ t31 j JJ PLauf - S�. 11A rID ILL Dt�TA 1� 1 Stlp-s Y yAm J L W "3'X ' 13 ILL Ill DLO 7N F `� o DF �i c ,� 3r s� � 10 -+4Er LEGAL old �zlo C 19UR Z d 5 sA IIUGTn>C DM Ly COMMENTS I P' - O G I &IL APPLICANT: FOR MORE DETAILS CONTACT ,*bbmTb,w �l ftg M 6r, THE LOCAL PERMIT OFFICER BELOW: 1Y1" 1 Ls. � h6 r ' . d DES Oom -Y- q Tip G 2 � 25.2-- 9z3 — r4 c 252- w r_3 A m � m WASHINGTO NC 37$p r Postage $ 7 O Certified Fee $2.30 0838 O co Return Reclept Fee �1 7 12 ors (Endement Required) 5 Postmark Q Restricted Delivery Here 0 (Endorsement Required) $0•1IO r-� r� Total Postage&Fees $ .�-- 03/14/2005 O ent To Street Apt No, / �---.._ ✓j v„ or PO Box No. G ----_-.---__ Ci Stale,ZlP+4 r, r -- Postal Ln CERTIFIED MAILT,., RECEIPT postal RECEIPT II' (Domestic 0Provided)— M (Domestic Mail Only;No Insurance m » G(VA V1�LE783 WA H NGTON'9C 27884 Ln Postage $ W.37 cc $2.30 0839 u1 Postage $ $0.37 0939 00 Certified Fee 12 Postmark S 12 M Return Reciept Fee $1.75 Here O Certified Fee Postmark p Here (Endorsement Required) � Return Reclept Fee $1.75 M Restricted Delivery Fee $0.00 (Endorsement Required) -0 (Endorsement Required) O Restricted Delivery Fee $0.00 a 44,42 03/14/2005 -0 (Endorsement Required) � Total Postage&Fees $ ra $4.42 03/14/2005 r9 Total Postage&Fees $ EentTo /ent Too , o.;��.�r��� 1. Sr O Box Non. .l: -- • ^ e � r .-. SP te,Z1P+ J V�--- or PO Box No. - -- y W COMPLETE • ■ Complete items 1,2,and 3.Also complete A. i nature item 4 if Restricted Delivery is desired. �A�<,� ddres.ee.Print your name and address on the reverse ? so that we can return the card to you. g Received by(Pri ted Name) C. D to of Delivery ■ Attach this card to the back of the mailpiece, �( or on the front if space permits. V �0 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Se e Type ' AT -21 �M e 7 v ,( J f Certified Mail ❑ Express Mail r d`( )r ('` ❑ Registered ❑ Return Receipt for Merchandise 7 js ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1680 0004 8933 3470 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETF THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Y item 4 if Restricted Delivery is desired. XJ ❑Agent ■ Print your name and address on the reverse -7 nne Addre so that we can return the card to you. Received by Printe e) f Del ■ Attach this card to the back of the mailpiece, or on the front if space permits. C D. Is delivery address different from i 1? Ye 1. Article Addressed to: If YES,enter delivery address below: ❑ No c� A / / vme, C �/ S t44 /1K) 6 'e V t✓ T r 3. Serv' Type C Certified Mail ❑ Express Mail p2 L ❑ Registered ❑ Return Receipt for Merchandise l ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7003 1680 0004 8933 3494 aFanster frorp.sendce labe r►}+if■� h�rr�r -i-A .,}.l.t.,.'.1,.1.s..lff PS Form 881 T, February 2004 Domestic Return Receipt 102595-02-M-1540 eK1327PC718 �ee� FOR REGISTRATION REGISTER OF DEEDS JENNIFER LEGGETT NHITEHURST BEAUFORT COUNTY. NC 2003 MAY 23 01:21:03 PM B0321 P6:718-720 FEE117.00 o INSTRUMENT 4 2003004636 X Tax Parcel No. 07-000076 r Prepared by: James C. Marrow, Jr. 0 Attorney at Law' . Z NORTH CAROLINA BEAUFORT COUNTY THIS DEED OF GIFT, made this May 15, 2003, from Jane Gregory Marrow, unmarried, Grantor, to Mount Moriah Parma, LLP, P. 0. Box 519, Tarboro, North Carolina, 27886, Grantee; WITNESSETH That the Grantor, in consideration of love and affection for her children who are equal partners in the Grantee, has transferred and conveyed, and by these presents does grant, transfer and convey to the Grantee, its successors and assigns, the 1/7 undivided interest in and to that certain lot conveyed by Charlotte B. Kuglar to E.E. Rawls and others by deed of record in the Registrar's Office of Beaufort County in Book 460, at Page 589, to which reference is made for complete description, together with and including the right and privilege to construct thereon a boat house as provided in said instrument, and also the right to use and enjoy the boat harbor within the boundaries of said lot in common with others as provided in said instrument; and being the property conveyed from Charlotte B. Kugler et al to James C. Marrow by deed recorded in Book 507, Page 389, said registry, and being the property conveyed from James C. Marrow et ux to James C. Marrow and wife, Jane G. Marrow, as tenants by the entirety, by deed recorded in Book 768, Page 468, said registry; and Jane G. Marrow being the surviving tenant by the entirety. TO HAVE AND TO HOLD said interest in real property, and all privileges and appurtenances thereto belonging, to Grantee, its successors and assigns, in fee simple, forever. And the Grantor covenants with Grantee that she is seized of said undivided interest in real property in fee simple; that she has the right to BEAtIiORT COUNTY convey th REe property in fee simple; that title is marketable and free and clear LR•FORM001 # y� ��--) •T�A ACCEP ��°Q tens Record:` ttcfidl 'ice tK1327re719 0 of all encumbrances, except as stated herein; and that she will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions herein stated. IN WITNESS WHEREOF, the Grantor hereto sets her hand, this the date first above written. J regory Marrow By. ame C. Marrow, Jr. Attorn in for Jane Gregory Marrow NORTH CAROLINA EDGECOMBE COUNTY 10 VVS a Notary Public do hereby certify that James C. Mnrr Jr., Attorney-in Fact for Jane Gregory Marrow, personally appeared before me this day and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of Jane Gregory Marrow, and that his authority to execute and acknowledge said instrument is contained in an instrument dated February 20, 1997, duly executed, acknowledged and recorded in Book 1255, Page 1142 in the office of the Register of Deeds of Edgecombe County on November 19, 1999, and (to be) recorded in Book _, Page _ in the office of the Register of Deeds of Beaufort County on , 2003; and that this instrument was executed under and by virtue of the authority given by said instrument granting him Power of Attorney; and that the said James C. Marrow, Jr. acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said Jane Gregory Marrow. Witness my hand and notarial seal, this May 22, 2003. / S1 'QfWnission Expires: i Z— 20- WDq �0 7 A 1� = No ar ublic =Rt;NOqIRf4.AI a)% 3L1G. :,,C+o�BF•C�V••�.