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51-05 Piner, Christopher
Permit Class NEW Permit Number STATE OF NORTH CAROLINA 51-05 Department of Environment and Natural Resources and Coastal Resources Commission jkrmit for X Major Development in an Area of Environment"I�Concern , �p05 pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS Mwp.head City DCM Issued to Christopher Piner,PO Box 25, Williston,NC, 28589 Authorizing development in Carteret County at Adjacent Core Sound Off Hwy. 70 South Harbor Road Davis , as requested in the permittee's application dated, 9/15/04 (MP-1 &MP-2) & 1/13/05 (MP-4), including the attached work plan drawings (6), 5 dated 1/14/05 & 1 dated 7/1/04 This permit, issued on May 16,20015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The authorized alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 2) The bulkheads shall not extend waterward more than an average 2 feet from the normal high water level at the time of construction. 3) s hecbulkhead shall be structurally tight so as to prevent seepage of backfill materials through the e. f (See attached sheets for Additional Conditions) f This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department ¢ f personnel when the project is inspected for compliance. Any maintenance work or project modification not covered l�arles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management r All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 f In issuing this permit, the State of North Carolina agrees ra rr that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee F r r"r.-,t�o-'rr�rrrrrrrrrrrrrrrrrrrrrrrrrrr.�rr,.S Christopher Piner Permit#51-05 Page 2 of 4 ADDITIONAL CONDITIONS 4) The backfill material shall be clean and free of any pollutants except in trace quantities. 5) All backfill material,., h 1 be obtained from a high ground source and confined behind the permitted bulkhead. 6) No backfill material shall be placed within 30 feet of the normal high water line, except that which shall be used to backfill the area behind the permitted bulkhead without permit modifications. 7) No fill material shall be placed at any time in any area outside of the alignment of the fill area indicated on the workplan drawings. Excavation � 8 Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of) p excavation exceed the depths of connecting waters. r 9) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands shall not be authorized, except for that which will be used to backfill the permitted bulkhead. r .r .r 10) In order to protect juvenile finfish resources, no excavation or filling activities shall be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North F Carolina Division of Coastal Management in coordination with the U.S. Army Corps of Engineers. r .r r 11) All excavated materials shall be confined landward of the normal 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. f f Docking Facility F f J 12) 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 r 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 fwaters without permit modification. F 13) 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 14) The roof of the covered platform shall not be designed for second story use. I f 'r 15) The authorized structure and associated activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt shall be made by the permittee to f 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. r f f f J �rr�.:�.ao-rr>+��.ac-:�.�.o-ao-;4o-r:�.�n-rra- .�oao-aaao-o-xcwfca-rN,a-»ao-x+r,o-raaeao-o-r:%.uo-N�rto-ao- k�o-xo-wo-rx-ra�o-v-sac.o--r.:riw�-.vf�trfffrrrfn-�rrr;ac�.�rrr»%�,�.oc-rx.+� Christopher Piner Permit#51-05 Page 3 of 4 16) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Boat Ramp 17) 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. 18) The authorized boat ramp size shall not exceed 19' x 15' as referenced in permit application form MP-2 dated 9/15/04. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405 19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) General 20) 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, relocation, or alteration. 21) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the Y authorized facility may require that the permittee undertake remedial actions to remedy the situation. :r 22) The West Indian Manatee (Trichecus manatus), which is listed as a federally endangered species, has been reported in North Carolina waters. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which may Be Used by the West Indian Manatee in North Carolina" shall be followed. 23) No vegetated wetlands shall be excavated or filled. Rttarrw Christopher Piner Permit#51-05 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any 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. >k NOTE: The N.C. Division of Water Quality has authorized the proposed project-under General Water Quality Certification No. 3400 (DWQ Project No. 050238), which was issued on 2/21/05. f NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 20050376. AL74i"A'A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 18, 2005 Mr. Christopher Piner P.O.Box 25 Williston,NC 28589 Dear Mr. Piner: 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, AV& V k Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper • DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Christopher Piner—South Harbor Project- Davis 2. LOCATION OF PROJECT SITE: Off Hwy 70 East— Davis, NC, South Harbor Rd., entire Davis Fish House canal. Photo Index -2000: photo#636 grids B-4, C-4, C-5, D-4, E-4, F-4 995: photo#636 grids U-13, V-13, W-13, X-13 State Plane Coordinates -X: 2763534 Y: 394270 Rover# L111 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—9-07-04, 11-29-04 JA N 2 ® 2005 Was Applicant Present—yes, no Morehead City DCM 5. PROCESSING PROCEDURE: Application Received—January 14, 2005 Office- MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan—Carteret County Land Classification From LUP—Rural, Conservation (B) AEC(s) Involved: Estuarine Shoreline, Public Trust Waters, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —none Planned -septic (F) Type of Structures: Existing—piers Planned -covered boatlifts, bulkheads, boat ramp, storage building (G) Estimated Annual Rate of Erosion: N/A Source— N/A 7. HABITAT DESCRIPTION: DREDGED FILLED SHADED (A) Shallow Bottom Channel 30,000sf 1534sf (B) Open Water Boathouse incorporates 1800sf of which 780sf of boatlifts and 600sf of dock is under roof (C) High ground 3600sf 60934sf (D) Total Area Disturbed: 97,868sf (E) Primary Nursery Area: No (F) Water Classification: SA- ORW Open: NO 8. PROJECT SUMMARY: Applicant proposes to perform maintenance excavation on a 1500'x 20'section of an existing man made canal. Also proposed is an 80'x 45'upland boat basin with three boat slips covered by a 30' x 60' roof. Adjacent to the covered boat slips, a 19' x 15' boat ramp is proposed. Three separate areas are proposed to be bulkheaded totaling 767'. Three boatlifts are proposed under the covered dock area, and one boatlift is proposed in the existing basin on the adjoining lot. 9. NARRATIVE DESCRIPTION: JAN 2 ® 2005 Project Setting Morehead City DCM The South Harbor Project in Davis NC can be reached by following Hwy 70 East through Beaufort and following it east through Otway,Smyrna, and Williston. When you get to Davis,take Hwy, 70 to the left and go approximately one mile until you reach South Harbor Rd. on the right. The project site is along the length of South Harbor Rd. The site is made up of a 1500'long canal running east—west. The south side of the canal is mostly in a naturally vegetated state, with the exception of the Willis property near Hwy. 70, where a bulkhead and small boat ramp exist. The north side of the canal is developed with residential homes,a parking lot, vacant lot, and a fish house. The 26,307sf vacant lot is owned by Chris Piner(applicant) and is where an upland basin, covered docks, bulkhead, and boat ramp are proposed. East of the vacant lot is the Groves property where further bulkheading and a boatlift are proposed. It is proposed that maintenance excavation be conducted on the 1500' canal that adjoins Core Sound. The high ground areas where all three bulkheads are proposed are made up of grassy yards with only a few sparse areas of splash supported Spartina patens. Applicant states that the elevation on the three sites is 3'above NHW. Chris Piner had one previous permit for docks and excavation on the vacant lot(GP 34034-C, 5-16-03). The north shore along the canal has been stabilized along approximately 2/3 of it's length by vertical walls (wood and vinyl). There are some wetlands toward the mouth of the canal (eastern end) consisting mostly of Juncus roemerianus. Small patches of Spartina patens exist along the shoreline. The south shore from the Willis property to the mouth of the creek supports various widths of wetlands,from fringe marsh to 50' wide areas. These wetlands also consist primarily of Juncus roemerianus and Spartina ap tens, Other vegetation found along the canal are pines, wax myrtles, and cedars. There is not an erosion escarpment along the canal, but there is a sharp cut to the bank where the canal was originally dug. The water body is a man-made canal that connects to Core Sound. The waters are classified as SA- ORW and are not classified by the Division of Marine Fisheries as a Primary Nursery Area. Existing water depths in the canal are-2'to—3'below NLW. The connecting water depth in Core Sound 200'from the mouth of the canal is 5'below NLW. Shellfishing is closed by the Division of Marine Fisheries within 275'of the mouth of the canal. Small finfish such as finger mullet were observed in the canal. There were no SAV's or shellfish observed in the canal. Project Description A 1500' x 20' area of man —made canal is proposed to be excavated to a-5'depth below NLW. The current average depth is -2' below NLW. An estimated 3333cy of material is proposed to come out of the canal. An existing 30' x 60' x—3' basin is proposed to be dug to a depth of-5', excavating another 200cy. of material. A 45'x 80'upland basin is proposed. This would require removal of 667cy of material from below the NLW line. Also,400cy of high ground material would be removed. A 19'x 15'(32cy)area for a boat ramp that adjoins the boat basin will also be excavated. A total of 4232cy of material would be removed from below the NLW line. A total of 400cy of material would be removed from high ground. The total amount of spoils would be 4632cy. Four spoil areas have been proposed-all on property on the north side of the canal and are all over 30' from the NHW line. They are proposed to be surrounded by silt fencing to prevent runoff. Starting from the east and moving west, spoil site #1 is an area of 24,568sf that would contain 2729cy of material (all sites figured at one cubic yard depth), spoil site#2 has an area of 7905sf and would contain 878cy, spoil site#3 is an area of 10746sf and would contain 1194cy, and spoil site #4 has an area of 9760sf and would contain 1084cy. The total capacity of the four sites is 5885cy. The applicant(Chris Piner) has stated that an offsite spoil area he owns in Williston is available if necessary. � South Harbor Project Fallizo R3 January 19, 2005 JAN 2 m 2005 Page 3 of 4 Morehead City DCM There are three areas of bulkheading proposed at the site. On the Piner property, 302' of bulkhead is proposed. This includes the area behind the existing docks to the west and the proposed boat basin area. All bulkheads proposed are of wood construction. Adjacent to the east of the Piner property is the Groves property. Applicant proposes 339'of bulkhead including Mr.Grove's sides of two existing basins and his canal front. The Willis property lies to the south and across the canal from the Piner property. An existing bulkhead exists on the east side of the property. The applicant proposes to tie into this wall and continue it 126'to the west. Also, Mr. Willis proposes to widen an existing boat ramp from 7' to 10' wide. The average distance beyond NHW of all the proposed bulkheading is 2', with a maximum of 5'. Backfill for these bulkheads is proposed to come from either the material excavated from high ground or from the dredged spoils after they have dried. The erosion rate is slight, apparently from boat traffic in the canal. There are(4)42"x 30'finger piers proposed in the new boat basin area on Mr. Piner's property. These finger piers would form (3) 16' x 30' boat slips. A proposed 30' x 60'gable end roof is proposed to cover the three boat slips. Boatlifts are proposed in the three covered boat slips. There is a proposed uncovered 13' x 13'boatlift in the existing basin on the west side of Mr.Groves'property. The docks and lifts on both the Piner and Groves properties are proposed entirely in the upland basins and should not impact navigation in the canal. The proposed docks will be no closer to the canal mouth than those existing. A 15'x 19"boat ramp is proposed in the new basin adjacent to the west of the proposed covered docks. The ramp is proposed to be constructed with a gravel base and 6"concrete pads. The pads would be formed and poured on high ground and slid into place below the NLW line. 10. ANTICIPATED IMPACTS: The anticipated impacts from dredging include 30,OOOsf of shallow water bottom to be excavated, and 3600sf of high ground area to be removed. No wetland areas are to be impacted. The type of material to be removed would consist mostly of a sandy/silt mix. Some clay may be found in the high ground excavation. Approximately 4225cy of material would be taken from below the NHW line. An additional 400cy of upland material would be removed. The volume of the spoil areas(figured at 1 cy depth) is 5885cys. If this proves to be inadequate to contain the spoils, the applicant has another high ground site he owns in Williston that is available. The spoils are not to be double handled on the land, but either offloaded directly at the spoil sites or loaded into trucks and dumped at the spoil sites. The spoil sites would be contained by silt fencing and effluent returning to the water should be minimal. Some turbidity can be expected in the canal both during excavation and construction of the bulkheads and docks. This turbidity should dissipate after construction ceases. There are a total of 767 linear feet of wooden bulkhead proposed to be constructed. At an average of 2' beyond NHW there would be 170cy of backfill necessary, and a fill area of 1534sf of previously excavated shallow bottom area. There would be no wetlands impacted other than a few sparse areas of splash supported Spartina ap tens. The backfill material would come from dried spoil or high ground material excavated from the proposed boat basin. A 10' x 767' area behind the new walls would be impacted by tie backs and backfill (7670sf). Dock impacts would be 420sf of shallow bottom area shaded. The area shaded by the proposed roof would be 1800sf(includes dock area 420sf and 507sf of boatlift area). This would all be in the area excavated out of high ground for the new boat basin. No shellfish resources are present since the area is currently high ground. These docks should present no impact to traditional navigation since they would be built completely out of the existing canal. The proposed concrete boat ramp would impact 285sf of shallow bottom area in the proposed basin. Mark Hardeman —Morehead City Office—January 19, 2005 rRP -South Harbor Project January 19, 2005 D IM Page 4 of 4 JAN 2 p 2005 Morehead City DCM Form DCM-MP-1 P�'F'�17 6 APPLICATIONJ2004 (To be completed 6j all apph'Mdi) `y Murethead City DCM b. City, town, community or landmark C -(Zi5 1. APPLICANT c. Street add r orIn, ndary road nu ber �`� r b p t a. Landowner: Name :r h Y'IS P r N e�' d. Is proposed work within city H its or planning jurisdiction? Yes No Address too Q o <S e. Name of body of water nearest project (e.g. ri er, City 1 s W os 7-0 W State IV creek, sound, bay) n r P_ 0 1 AW Zip I Day Phone 7';-y oil/ Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent:j rr � � Name ��) J /J�—W 1 j %S a. List all development activities you propose (e.g. building a home, motel, marina,bulkhead,pier,and `� r excavation and/or filling activities. Address P0 B0 x G 7 L i, h sA,I Kq� nnLYP City ZJ� V,.._/_S State Zip.)�i�"4 Day Phone cl 073 L?" b. Is the proposed activity maintenance of an existing project, new work, or both? h n T Fax c. Will the project be for public,private or commercial use? 42 r j V c._'f f_ c. Project name (if any) -50.U TA d. Give a brief description of purpose,use, methods of construction and daily operations of proposed NOTE: PermU wM'be isswd in name of kwdo~r(s), andlor project. If more space is needed, please attach project name. additional pages. .0o y a t e— (��� �b N�3 e a— r r rt/ 411,os civd hadtramQ. l a a T , f s A ecly.R- 2. LOCATION OF PROPOSED r' 3 1i s u i ICJ PROJECT u t l ✓ o as�, ry a. County (r a,0-et GT' a m-�o 7 a r^ at bf ol0 cr+ I Q &,e-rcLf a-jy oOk Fccp QA ii ' racV Gc1rIyQ6'O9 Revised 03/95 MPG ym- toodeloW. .. EWE Form DCM-MP-1 e Sa JAN 2 - 2005 @ C i ( 2004 ead C.Aesctihe existing wastewater treatment facilities. 4. LAND AND WATER _ ,b.aatj G4 L CHARACTERISTICS a. Size of entire tract �� a G r e-- n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash dclwn. an residential d resl discharges.) c. Approximate elevation of tract above MHW or /1 'A ^�" ` 2 N fi a I I NWL e eT" d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. A 1Yn/ r, e. Vegetation on tract r4 r a-S 5 f. Man-made featu es now on tract b o cA T- 5. ADDITIONAL INFORMATION �1�_, a g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Cowult the local land use plan.) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h, How is the tract zoned by local government? claiming to be the owner of said property, then r GI C forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? !vf Yes No (Awch zoning c—rUance aerdficare, ljapplicabk) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/20 by IIN white paper. (Refer to done for the tract? Yes e/ No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listedA=No Jble property? prints or other larger plats are acceptable only if an Yes adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1.- Are there wetlands on the site? Yes ZNo Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation'been conducted? requirements and it must be sufficiently detailed to (taoch d amwntadon, f„ailabu) guide agency personnel unfamiliar with the area to the ReAmd 03/95 MV • " I `'a � . Form DCM-MP-1 JAN 20 2005 o c r s 2004 �Anrehend CityD site. Include highway or secondary road (SR) t numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION 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 this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge,the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name it/ I certify that I am authorized to grant, and do in fact, Address ! .S o r grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name k S permit application and follow-up monitoring of the Address project. Phonef52n4) 7 Name CL/' ► ,� ;/j�`,� �U;���I further certify that the information provided in this Address . G X cti , j application is truthful to the best of my knowledge. bJ.� Phone a D0 Oct 1� • A list of previous state or federal permits issued for This is the day of�T 44 work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. t 2/✓tr cl, pe2l/h i �M `�Q Signature landowner or Aw w►iz;d ABetu r i S • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project' (DEHNR) to cover the costs of processing the ,/ DCM MP-2 Excavation and Fill Information y application. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the 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. Revised ON95 Form DCM-W-2 --� EXCAVATION, 21 OCT 6 2004 JAN ;� � �005 FILL Morehead Cit DCM ANDy (Except bridges and culverts) Morehead City DCM Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated Irnm below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards LISA d fill activities. All values to be given in feet. b. Type of material to be excavated Average F iEw Exkdng Project c. Does the area to be excavated include coastal t.ength width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs)or other wetlands? Yes L,,," No channel (MLW) or(NWL) d. Highground excavation in cubic yards ` Canal _ 5 Ic 601 A 01 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin 'n t Lox t 3 — a. Location of disposal area Boat , , 3 _ h z u o iV r 0 4 r o l71 UZ ramp b. Dimensions of disposal area 7 0 '4 150, in K760 Rock groin c. Do you claim title to disposal area. _ " Yes No Rock If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? >/ Yes No (Excluding If yes, where? PY N /17 Q r d p-e r- i Shoreline A/ (AJ fi 1 I15 r6 ev Stabilization) Revised 03195 C�1 ! VAL MOO 00 b$edgioM z +gj 9 A qiq r; ', 6 2004 disposal area include any coastal wetlands If yes, SAVs or other wetlands? (1) Amor of i,�l � 1 ced A the Yes No water tgr ��t'i✓�1 �' ,�5l�� � (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes _� No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or o er wetlands? Yes V No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area y_Bulkhead Riprap (2) Purpose of fill b. Length :1-0-5� 'F C. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be ept on site e. Shoreline erosion during preceding 12 months and erosion controlled? ? G ' G Ne iA/ i if by />uT Atrlu ✓ rJ T12hit . (Sourcr of information) Pe r s o nr a( n I? r lea f rd A✓ f. Type of bulkhead or ri rap material Ct t o b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level A CL-Ci k h, o e u Al a,✓a7 n�' (1) Riprap _ (2) Bulkhead backfill ,'�C� c. Will wetlands be crassed in transpo cng equipment h. Type of fill material f�1 r T- S a-A/d to project site? Yes �No V> j )( If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 0 Al s � �� 4. OTHER FULL ACTIVITIES Applican t(Excluding Shoreline Stabilization) Signature a. Will fill materi��No ought to site? � Yes Dace Revised 03/95 Form DCM-MP4 IAN 2® 2005 ��� STRUCTURESOad CityDC JAN 1 4 2005 (Construction within Public Trust Areas) Morehead Cit DCM y Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial Community_Private other sections of-the Joint Application which relate to (2) Number /V this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _Commercial _,Community✓Private (2) Number (3) Length (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes No shoreline /4 (i) Number (ii) Length 3_ o T� f. Mooring structur atlift coring pilings etc.) (iii) Width _3 E (1) __,_ Commerce _Community Private (6) Platform(s) Yes No (2) Number (i) Number (3) Length (ii) Length (4) Width / (iii) Width (7) Number of slips proposed _ g. Other (Give mmdete desaiplion) , (8) Proximity of structure to aaja%;ent riparian - property lines 10 (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL r ' b. Boathouse(including covered lifts) (1) Commercial _ Private (2) Length � •�MI'M�1 -- C / (3) Width IU Applicant f.`y�¢a,.au.c c. Groin (e.g. wood, shc,.;pfle, etc.) Stgoature (1) Number (2) Length(s) �r�Date - Date d. Breakwater (e.g. wood, sheetpile, etc.) n (1) Length 4/ (2) Average distance from MHW, NWL or wetlands��� (3) Maximum distance beyond MHW, NWL or wetlands �✓ A Revised 03/95 o firedg a Detail Of ExistingCanal and Sli s o �C11j South Harbor Projec r^ 3' 20' 7t3 Aprox atter Depth Q ^a i Section A 112galvanGe rod 1 HW �wR MIW p Section B Deadmsd 1"X b"aea 2"X 10"X12'VG a"diaXlf'P� cs $� section B-B Not to Scale 0 Spoils Area Canal Excavation Detail Typical o C=� \ Cq z 5� ' /'' �OI'x o '/%, / ,x bo�. Core Sound Depths are below MLW in the center of canal t P YP B / 21 2t Breakwater New Basin 5V 2, To Be Dredged To 5' Below MLW 5' Depth Notes 3, (y Total Spoils Area 5885 s ds Shoreline y Exiswting Open Water and New Basin `1 Dredgeing Detail -Spoils Area Available Offsite If Necessary South Harbor Drive Chris D Piner Davis NC 28524 Po Box 25 Scale 1 �'=200� Carteret CountyWilliston NC January14 200 Ph 252 7290171 Page 1 of 6 # t !.4 Notes North Carolina Project Davis NC South Harbor Road Elevations are from MLW R9 w JAN 2 10 2005 1 Morehead City DCM _ Proms so JAN 1 4 2005 James o Box Styr 56 on Seafood Cq��V�orehead City D 60 CM Roland Styron Davis NC 28524 110 South harbor Drive O 252 7297101 Davis NC 28524 ��`'?' ( ) Ph (252) 729-9241 "yrJ +4 Chris Piner Po Box 25 Williston NC 28589 7290171 Ph(252)7290171 +4 Ph111ip Willis - 5 -Existing Dock Existing Bulk h - 5 Existing Ditch Ft% +3 ° Erick Groves Po Box 895 / Warsaw NC NC F,eQ ph(704) 843-7575 -2 -2 Section A-1 South Harbor Drive Chris D Piner Davis NC 28524 Po Box 25 Carteret County Williston NC Existing Development January 14 2005 Ph (252) 7290171 Pa e 2 of e,Ira\ f Scale F = 50' ® Excavation Area New Basin North Carolina 8' svi va a 1/2 galvanize rod D-dman 4"X 6"seaHoo - Project 2"X 10"X 12'V Grove 8"W.X 16'Pift Section A-A W All Seawood Construction Typical Crosssection of Boat basin Bulkhead and New Excavation Detail of New Basin Not to Scale Notes ® Covered boat lifts for three boats in new basin Blue Dash Line Indicates Roof Outline 30' x 60' Roland Styron JAN 1 4 2005Ge 110 South harbor Drive �23, Davis NC 28524 Morehead City DCM Ph(252)729-9241 J Cr=%I P, ,U0 JAN 2 0 2m c +6' SAo, lkl?/So �a orehead CityDCM ljs9 �a�6 � o �d New Bulkhead _5 Existing Dock +4' Existing Bulkhead Existing Ditch Roof Outline a i 14'-3 7/8" Erick Groves a Fe ph(704)843-7575 5 F -5 Enlarge Existing Boatramp From 8' x 16' to12' x 24' ® Indicates Existing Ramp Section A-2 aha�2s. %de South Harbor Drive Chris D Piner Davis NC 28524 Po Box 25 Carteret County Williston NC Scale 1 = 5 January 14 2005 P (252)729 171 Page 3 of 6 J /� Boatlift Detail Q U _ o Chri Piner Lr) / o Po B 5 a CD Wil n NC 2 CIj -V (25 Not to tical 90171 V Project ICU 70 Q (D T` Existing Ditc o soy Erick Groves1' 15'-45/8" ph(704)843-7575 Boatlift—/ 6T-11 J New Bulkhead 12s� 18'-6 1/4" Q \ 68'-0 3/8 175'-17/8" I James Styron Seafood Co Po Box 56 Davis NC 28524 (252)7297101 A rox W tter Depth nd...�a t M LW LW Dead.• °"♦a wwr° x°-x °° ��•�� Bulkhead and Boatlift Detail Section B-1 Section B-B Not to Scale Scale V — 50 South Harbor Drive Chris D Piner • Canal Excavation Detail Typical Davis NC 28524 Po Box 25 Carteret County Williston NC Bulkhead Detail Panuary e 4 of 605 Ph(252)7290171 North Carolina v Lai N'�F ,!w`■ 30' JAN 14 2005 M End View Of Roof Over Boat Slips JAN 2 0 2005 Morehead City DCM 60' 14' 14' \ILN Ramp Covered Boat slips with three boat lifts Boathouse Detail Section A-3 South Harbor Drive Chris D Piner Davis NC 28524 Po Box 25 Carteret County Williston NC Not to Scale January 14 2005 Ph (252) 7290171 Page 5 of 6 DYLC _ //14( Boat Ramp 6" thick with a 6" curb, and a 12" gravel base Bulkhead Not to Scale JAN 2 0 2005 14' Morehead City DCM too SRN 1 4 2005 32' reh8ad Ow, inger Pier Detail C 30' 0 so am 3.5'TYP C91 OLEn CtEEAD ck�lb 16 16' 16' 16' IBM- 78' 0 Section A-3 South Harbor Drive Chris D Piner Boat ramp, and finger piers in Basin Davis NC 28524 Po Box 25 Carteret County Williston NC July 12004 Ph (252) 7290171 Scale 1 " = 10' Page 6 of 6 1 1 9(CCU ' V (-, JAN 2 m 2005 South Harbor Project Davis NC Morehead City DCM Purpose of Proiect Project is to widen an existing basin to accommodate three boat slips with covered boatlifts. Bulkhead properties along the canal too prevent erosion from boat traffic. Dig out existing access canal and basins that have filled in too less than two feet depth. Construct a storage building, and a concrete boat ramp. Property owners and proposed work to be carried out on their property Chris Piner,Andy, and Tommy Gillikin property Widen an existing basin for three slips with covered boatlifts, construct 302ft of bulkhead, and a concrete boat ramp. Spoils area will be available onsite when dried will be used to backfill the bulkhead, and build up the elevation of the property. Phillip Willis, and Mark Piner property Construct 126ft of new bulkhead, and backfill bulkhead. Widen existing boat ramp Frank Groves property Construct and backfill 339ft of bulkhead, and a single boatlift. Spoils area will be available onsite. Spoils will be spread to raise elevation of property and backfill bulkhead after drying. All adjoining property owners The digging of the existing canal is for the benefit of all property owners adjacent to the canal. The filling in of the canal has made it difficult to get boats in and out of the harbor. We feel that the bulk heading we propose will greatly reduce the erosion caused by boat traffic in and out of the harbor. If you have any questions please give me a call at(252) 7290171) nights or(252) 2257491 weekdays. Thanks Chris Piner OCT 6 2004 Morehead City DUA DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Chris Piner-South Harbor Project(Davis) County: Carteret LOCATION OF PROJECT: Off Hwy 70,Davis N.C., South Harbor Rd.,entire Davis Fk6mliumsmKnak191DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 14,2005 ILIED FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes F1 JAN 20 2005 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Mark Hardeman DISTRICT OFFICE: M°Ihead City DCM DISTRICT MANAGER REVIEW: ��jj��I���,�� B) DATE APPLICATION RECEIVED IN RALEIGH: ��'a`t — FEE RECD: $ PUBLIC NOTICE RECD: J END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: J DEED RECD: APPLICATION ASSIGNED TO: ON: ��S C) 75 DAY DEADLINE: �D S 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: ��Z S �b S FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance ?j/ o - Land Quality Section I'J.1 jo Division of Water Quality Storm Water Management(DWQ) SW$ O-Mo-s State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries o oS Submerged Lands(DMF) -Y '� W" ca� Permit# DCM Coordinator: Fj ow tic MAILING DISTRIBUTION: Permitee: Agent: V► -A,p 1, A;s, Q.V. JoX DCM Field Offices: ��dCity Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Tim (NCDO ) e Wicke Others: Cultural Resources: 11-Earl Environmental Health- Marine Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: ML Water Quality: T WBennettynne T) Water Resources:Wildlife Resources: David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 RECEIVED FEB 1 0 2005 01V.OF COASTAL MANAGEMENT RALEIGH STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR October 21, 2004 SECRETARY -- j. FEB 21. 2005 Mr. Doug Huggett, Major Permits Processing Coordinator North Carolina Department of Environment and Natural Resources Division of Coastal Management Morehead City 000 1638 Mail Service Center Raleigh, North Carolina 28699-1638 Subject: CAMA Application—Maintenance Excavation of an Existing Canal, and Construct a 80'X45" Basin etc. in Carteret County Mr. Doug Huggett, The permit application was submitted to this office for review. Find attached the completed form as requested. This agency has no objection to the project as proposed. It occurs a distance well off the highway right of way of a non system road and should have no adverse highway impact. Should you have any questions or need additional information, please advise. My number in the New Bern district office is (252) 514-4716. Sincerely, Aaron C. Everett District Engineer ACE/rrf attachment Copy: Roberto Canales, P.E., Chief Engineer's Office Dwayne Alligood, P.E., Division Maintenance Engineer Ken Mason, County Maintenance Engineer Judy Slywka, Roadside Environmental Unit Division Two•District Two•209 S. Glenburnie Road 9 New Bern,N.C. 28560•Phone(252)514-4716 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO October 11, 2005 Regulatory Division U'. i L04 Action ID No. 200500376 and State Permit No. 51-05 1"A01718h0eld pity E)C&4 Christopher Piner Post Office Box 25 Williston,North Carolina 28589 Dear Mr. Piner: Please reference your request to modify your permit issued on June 22, 2005, which authorized the maintenance excavation on a 1500' x 20' section of an existing man made canal, excavation of an 80' x 45' upland boat basin with three boat slips covered by a 30' x 60' roof, construction of a 19' x 15' boat ramp, bulkhead three separate areas totaling 767' and the construction of four boat lifts in a man made canal adjacent to Core Sound, in Davis, Carteret County,North Carolina. The modification request consists of authorization to bulkhead an additional 163 feet of shoreline at the project site. The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. If you have any questions or comments you may call me at (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office r Copies Furnished: Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm. 7316 Silver Spring, MD 20910-3282 Mr. Doug Huggett Division of Coastal Ma agement North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Tere Barrett, District Manager Morehead City, Wilmington Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 2 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: September 7, 2005 To: Tere Barrett From: Mark Hardeman At.4 Re: South Harbor-Davis Permit Refinement Please find enclosed a request from Mr. Phillip Willis regarding a request to extend a new bulkhead 163' along the edge of an existing drainage ditch along the southern property boundary. This proposed bulkhead would be in addition to the 767' of wall authorized under State Permit# 51-05. State Permit#_5 -0�- vas issued on May 16, 2005 and is set to expire December 31, 2008, and authorizes maintenance excavation of a 1500' canal, a 30' x 60' boat basin, 3 covered boat slips, a boat ramp, and 767' of bulkhead. The applicant is proposing to construct 163' of wooden bulkhead along an existing ditch, with the toe of the wall following the NHW line. The reason for the extended wall is to stop the ditch bank from eroding. The proposal will remain consistent with the rules governing bulkheads found in 15A NCAC 07H .0208. I recommend this proposal be authorized by way of a Letter of Refinement, with all original conditions applicable. Doug Huggett has concurred with this method of authorization. Cc: Doug Huggett 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper I n JUN 3 0 2005 Y r P-O d Moreheau City pC;M = . Roland Styrom �Lr 110 South harbor Drive r' Davis NC 28524 Ph(252)729-9241 N DrivCvrsy N N N �yf6 a� u Existing Ditch jY;dP 'Pond acad--� N hiLLop V1 ibis N-w Bulkhead w 5 Y.:Ssti DocA fl is NC u +4• w Q 16Y-7 7B" existing Ditch Boa s-1s- a Erick GroVCs ph(704)843-7575 E T-5 If4• Root oot Over beatli[1s f0 IRtre.aur+ LW n s n*pesm Basis,Doer*,Baailldss Bvah'uOV and BestbOgst m r M X W r@AC South Harbor Drive Chris D Piker N rzsrx•rsar.R g i•=50' Po Box 25 I Steam A-A Avis NC 2SS24 m CArteret County Williston NC ef tLr�enoatEd,le ]Bulkhead Detail 12006 Ph(252j 7290171 ro An sea..roa Z Sheet 3 oi6 ti Bullhead Detail T ical 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 September 28,2005 Mr. Christopher Piner PO Box 25 Williston,NC 28589 j Re: Request for Letter of Refinement, State Permit 451-05 Dear Mr. Piner: This letter is in response to the request made by Mr. Phillip Willis for a refinement to State Permit#51- 05, issued on 5/16/05 to Mr. Chris Piner. The modified plat was submitted by on June 30,2005, by Mr. Phillip Willis. The request is to construct 163' of bulkhead along the normal high water contour line of a man-made canal off of Core Sound in Davis. The proposed structure would be in addition to the 767' of bulkhead authorized under State Permit#51-05. Please be advised that through this Letter of Refinement, DCM conveys its determination that the request as submitted on June 30, 2005, is consistent with existing DCM rules and regulations and is in keeping with the original purpose and intent of the CAMA permit. Please note that all original permit conditions apply. If you have any questions, please feel free to contact me at(252) 808-2808. Sincerely, Tere Barrett, MHC District Manager NC Division of Coastal Management. Cc: Ted Tyndall, DCM Doug Huggett, DCM Mark Hardeman, 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 MEMORANDUM TO: DOUG HUGGETT FROM: MARK HARDEMAN THROUGH: TERE BARRETT H SUBJECT: COMMENTS & RECOMMENDATION- CAMA MAJOR PERMIT— Chris Piner—South Harbor Project—Davis,NC DATE: April 15, 2005 The following are my comments and recommendations regarding the above referenced proposal: The proposal is for the maintenance excavation of a 1500' channel, a boat basin, a boat ramp, three covered boatlifts, a separate four piling lift, and a boat ramp expansion. The proposed boat basin and dredging is consistent with rules governing development set forth in 15A NCAC 07H .0208 (b)(1)(E)(F)(J). The proposed docks and boatlifts meet the requirements set forth in 15A NCAC 07H .0208 (6)(J)(L). The proposed boat ramp work is consistent with 15A NCAC 07H .1305. The proposed bulkhead is consistent with 15A NCAC 07H .0208 (b)(7). The 30' x 60' boathouse roof proposal is not consistent with 15A NCAC 07H (b)(6)(G), which states boathouses shall not exceed 400sf. Since there are three separate property owners, each with a boatlift, I recommend that 1200sf of roof be allowed instead of 1800sf as proposed. Other than the roof over the boatlifts, I recommend the project be authorized as proposed, contingent upon the following conditions: 1. Excavation will not exceed 5 feet below the mean low/normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2. No vegetated wetlands/marsh grass will be excavated or filled. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. 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 workplan drawing(s). 5. No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. ` 6. The bulkhead/riprap will not extend waterward more than 2 feet from the mean high/normal water level at any point along its alignment at the time of construction. 7. All fill material to be placed below mean high/normal water level will be confined behind the permitted bulkhead. 8. 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. 9. The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. Footprint of the boathouse shall not exceed 1200 square feet. 10. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 11. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 12. The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 13. Appropriate sedimentation and erosion control devices,measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property(e.g. silt fence, diversion swales or berms, sand fence, etc.) NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. C'e A1,e-Yt ,-y U514 C& .w r WCDENR 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 30, 2005 Chris Piner P.O. Box 25 Williston, NC 28589 Dear Mr. Piner: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to perform maintenance excavation on a 1500' x 20' section of an existing manmade canal, an 80' x 45' upland boat basin with three (3) covered by a 30' x 60' roof, a 19' x 15' boat ramp, a total of 767' of bulkhead in three (3) separate areas, three (3) boatlifts under the covered dock area, and one (1) boatlift in the existing basin on the adjoining lot in Carteret County adjacent to Davis Fish House canal off Hwy 70 East on South Harbor Road, Davis, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard,review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make June 13, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.hugget@ncmail.net). �ry sincerely, V. 14A*M=" Doug Huggett Major Permits &Consistency Coordinator cc: DCM, Morehead City 151-13 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 DEPARTMENT OF THE ARMY lv� WILMINGTON DISTRICT,CORPS OF ENGINEERS P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OR March 15, 2005 Regulatory Division Action ID No. 200500376 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 Chris D. Piner for a Department of the Army permit to perform maintenance excavation on a 1500' x 20' section of an existing man made canal, excavate an 80' x 45' upland boat basin with three boat slips covered by a 30' x 60' roof, construct a 19' x 15' boat ramp,bulkhead three separate areas totaling 767' and constructing four boat lifts in a man made canal adjacent to Core Sound, in Davis, Carteret County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the 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 e � 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. The bulkhead will not be positioned farther waterward than 2 feet from the normal water level elevation contour at any point along its alignment. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 11. An earthen plug will be left between the inland canal/basin and the manmade canal until all excavation activities landward of the plug has been completed. In order to prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. 12. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 13. 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. 14. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 15. 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. 16. 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. 17. Excavation will not exceed 5 feet below the elevation of mean low water. 18. 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. 19. 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. 20. 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. 21. 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 3 available at the project site during construction and maintenance of this project. 22. 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). 23. 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. 24. 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. 25. 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. 26. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in Carteret County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. 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 4 i MAR 2 12005 Copies Furnished (without enclosure): on-:31necad City DCM Ms. Cyndi Karoly Division of Water Quality Mr. David Rackley North Carolina Department of Environment NMFS, Habitat Conservation Division and Natural Resources 219 Fort Johnson Road 1650 Mail Service Center Charleston, South Carolina 29412-9110 Raleigh,North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Mr. Pete Benjamin Wetlands Regulatory Section U.S. Fish and Wildlife Service Water Management Division Fish and Wildlife Enhancement U.S. Environmental Protection Agency Post Office Box 33726 61 Forsyth Street, SW Raleigh, North Carolina 27636-3726 Atlanta, Georgia 30303 Mr. Ron Sechler Commanding Officer National Marine Fisheries Service U.S. Coast Guard Marine Safety Office Habitat Conservation Service 721 Medical Center Drive, Suite 100 Pivers Island Wilmington, North Carolina 28401-4895 Beaufort,North Carolina 28516 —IM-S-"Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 5 \N A Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 21, 2005 Mr. Christopher Piner PO Box 25 Williston,NC 28589 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions South Harbor Project(Davis) DWQ Project#050238 Carteret County Dear Mr. Piner: You have our approval, in accordance with the attached conditions(WQC# 3400)to conduct the following activity located off South Harbor Road in Davis, Carteret County. This approval allows you to: 1. Maintenance dredge 1500' X 20' (30,000 square feet)of man-made canal; 2. Maintenance dredge a 30' X 60' (1,800 square feet)of an existing man-made basin; 3. Excavate 45' x 80' (3,600 square feet) of upland for a boat basin; 4. Excavate a 19' X 15' (285 sq feet)of area for a new boat ramp 5. Place approximately 4,632 cubic yards of spoil material at the approved upland disposal areas; 6. Widen an existing boat ramp by 3' for an additional 3' X 20' (60 square feet)of fill for improving the existing boat ramp 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) on January 21, 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. 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 Service1-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: h2o.enr.state.nc.us One NorthCarofiina An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Natl(ndY - ' 2 Page Tivo Christopher Piner Project#050238 February 21, 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. 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#050238 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, ,� - ,,() x�,,4- Alan W. Klimek, P.E.,Director Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Consultant—Philip Willis Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Joanne Steenhuis 401 Oversite Unit, Raleigh—Cyndi Karoly CAMA—Mark Hardeman CAMA—Doug Huggett b �PPS�ENT OF United States Department of the Interior .<'- y o FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 �4ACH 9 `0'9 Raleigh,North Carolina 27636-3726 February 17, 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#200500376, Chris Piner, Carteret 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 January 26, 2005. The applicant,Mr. Chris D. Piner, has applied for a Department of the Army (DA)permit to perform maintenance dredging on a 1500-foot, existing man-made canal and to construct other modifications along the canal. 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 PN contains the Field Investigation Report (FIR), dated January 19, 2005, of the North Carolina Division of Coastal Management (NCDCM). The FIR states that the applicant proposes to excavate the 1,500-foot long by 20-25-foot wide canal to a depth of five feet below the normal water level (NWL). Existing water depths in the canal are approximately-2 to -3 feet below the NWL. This work would remove approximately 3,333 cubic yards (cy) of sediment. An existing boat basin would also be excavated to the same depth. An area of 19 feet by 15 feet would be excavated to create a boat ramp. A total of 4,232 cy of sediment would be removed from below the NWL line. The excavated material would be placed in four designated spoil areas within properties on the north side of the canal. The method of excavation is not given. Bulkheads would be constructed along three areas of the canal. The total bulkhead construction would extend for 767 linear feet. The average waterward extension of the bulkheads beyond the 4 a � 2 normal high water(NHW) line would be two feet with a maximum extension of five feet. Backfill for the bulkheads would come from material excavated from high ground or dried sediment taken from the canal. The backfill is estimated to impact 1,534 square feet (ft) of shallow bottoms. Four finger piers would be constructed on the applicant's property to create three boat slips. A 30-foot by 60-foot roof would cover these slips. The FIR states that no wetland areas would be impacted. No areas of submerged aquatic vegetation (SAV) have been observed in the canal. Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage Program (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 Davis quad. The occurrence data of special status species within this quad can be obtained on the internet under the "Database Search"heading at< http://www.ncnhp.org/Pages/heritagedata.html>. Our review indicates that the only federally protected species likely to occur in the project area is the West Indian manatee (Trichechus manatus), a federally-endangered,mammal. The species has been reported from Carteret County and there is an occurrence record in Core Sound near Davis, south of the project site. The shallow, estuarine waters of the project area may provide suitable habitat for manatees that move along the Atlantic Coast during summer months and are seasonal transients in North Carolina,primarily from June through October. Manatees may occupy waters one to two 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. While existing water depths along the canal are less than three feet, the proposed excavation would increase depths to five feet at NLW. The stated option of using material excavated from the canal for bulkhead backfill indicates that this construction would occur after the canal had been deepened. If construction of the bulkheads, boat slips, and roof occurs after canal deepening,precautions should be implemented to protect the manatee. The Service developed guidelines entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina." These guidelines address all types of in-water construction, except blasting, and should produce little, if any, additional expense. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area, that work should cease if a manatee approaches the work area, work should not resume until the manatee leaves the work area, and procedures for reporting the death 4 �f r 3 or injury of a manatee. These guidelines are available on our web site at<hqP://nc- es.fws.gov/mammal/manatee guidelines.pdf>. The risk to manatees could be reduced to an acceptable level by the implementation of the Service's guidelines. The risk would be further reduced by performing the work during the period of November through May. With the inclusion of our manatee guidelines, the Service would concur with a 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 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 The Service does not believe that the proposed activity will have significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction. Therefore, with prudent measures to protect manatees the Service has no objection, from the standpoint of fish and wildlife, to the issuance of a DA permit for the work described in the PN and FIR. 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. Xce y, 'J Pete iamin Ecological Services Supervisor cc: Ronald Mikulak US EPA, Atlanta, GA Ron Sechler, NMFS, Beaufort,NC Maria Tripp, NCWRC, Washington,NC John Dorney,NC Division of Water Quality, Raleigh,NC Ted Tyndall, NC Division of Coastal Management, Morehead City,NC I_�'��' tie r• "yti pl M r®h"41c, ci,V 0CM D North Carolina Wildlife Resources Commission 0 Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp, Northeast Coastal Region Coordinator Habitat Conservation Section DATE: February 14, 2005 SUBJECT: CAMA Dredge/Fill Permit Application for Chris Piner, Carteret County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located off South Harbor Road adjacent to the Davis Fish House Canal and was visited February 4, 2005. Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A- 128),as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to perform maintenance excavation on a 1500' x 20' section of an existing man made canal, excavate an 80' x 45' upland basin with three covered boat slips, install three boatlifts, 767' of bulkhead, and a 19' x 15' boat ramp. Davis Fish House canal is classified SA—ORW by the Environmental Management Commission and is open to shellfish harvesting. The Commission does not object to the project as proposed. We request a turbidity curtain be placed downstream all construction activity to contain and minimize increased turbidity outside the project area. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at(252)948-3916. cc: Murphey, T.—NC Division of Marine Fisheries Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919)733-3633 ext. 281 0 Fax: (919) 715-7643 State of North Carolina Department of Environment and Natural Resources --•�- �.�- Division of Environmental Health Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary NORTH CARouNA DEPARTMENT OF ENVIRONMENT AND NmuRAL REsouRCEs Teary L. Pierce, Director MEMORANDUM February 9, 2005 TO: Doug Huggett, DCM Major Permits Processing Coordinator FROM:Z�zo Lees Sabo for Patti Fowler Shellfish Sanitation and Recreational Water Quality Section SUBJECT: Christopher Piner, South Harbor Project Visit to the subject development site on 1/31/05 revealed the presence of two open skiffs within a forked man-made canal containing dockage for approximately 21 boats (`slips'). The creation of three additional slips proposed in this application would not cause an automatic shellfish closure to waters within the canal, currently classified as Approved. Please be advised that, according to 15A NCAC 18A.0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS, if the total slip count within the basin were to exceed 30, or if vessels greater than 24' in length, or having cabins or heads were to occupy the canal, a shellfish closure of 275' from the last dockage space (currently within the basin at Gilgo's aquaculture facility)would be recommended. M, r � � 4n �µk {7i;t' 39 t.,3t . •!_4`G��•� (q,.r,e .i ',i� t} � ^5M1� � � w�'• +� ��:T�t7 E ,� Wilt Js. .: .',,.. �,, � ,..:. � �! �i'�y l�•}ref r � 5 >! ,.ti. _ South Harbor,Davis rv� Subject: South Harbor, Davis From: Mark Hardeman<Mark.Hardeman@ncmail.net> Date: Tue, 08 Feb 2005 14:17:15 -0500 To: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net>, Linda Lewis <Linda.Lewis@ncmail.net>, Patti Fowler<Patti.Fowler@ncmail.net>, Maria Tripp <Maria.Tripp@ncmail.net>, Trish Murphey <Trish.Murphey@ncmail.net>, henry.wicker@saw02.usace.army.mil, ron.sechler@noaa.gov CC: Doug Huggett<Doug.Huggett@ncmail.net>, Ted Tyndall <Ted.Tyndall@ncmail.net>, Tere Barrett<Tere.Barrett@ncmail.net> Memorandum February 8, 2005 This memo is regarding a change to the field report for the South Harbor - Chris Piner Project in Davis. Based upon information in hand at the time the field report was written, the area for development was said to be closed to shellfish-ing.. Upon consultation with Patty Fowler of Shellfish Sanitation, it has been determined that the site is open to shellfishing. I'm sorry for any inconvenience. Also, there was a question about the second boat ramp that was on the Willis property on the south side of the canal. The ramp would be enlarged from 7' to 10' wide. Mark Hardeman, Field Representative DCM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 February 7, 2005 Regulatory Division Action ID No. 200500376 FEB 0 8 2005 Morehead City DCM Mr. Chris D. Piner Post Office Box 25 Williston, North Carolina 28589 Dear Mr. Piner: On January 1, 2005, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to perform maintenance excavation on a 1500' x 20' section of an existing man made canal, excavate an 80' x 45' upland boat basin with three boat slips covered by a 30' x 60' roof, construct a 19' x 15' boat ramp, bulkhead three separate areas totaling 767' and constructing four boat lifts in a man made canal adjacent to Core Sound, in Davis, Carteret County,North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. r -2- Your application,pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers Harbors Act, has been assigned Action ID No. 200500376 will be coordinating your permit application with other Federal agencies. You may contact me at (910)251-4930. Sincerely, Henry Wicker Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): . Doug Huggett ivision of Coastal Management N.C. Department of Environment and Natural Resources 151-B Highway 24,Hestron Plaza II Morehead City,North Carolina 28557 Mr. Tere Barrett,District Manager Morehead City Regional Office N.C. Division of Coastal Management 151-B Highway 24, Hestron Plaza II Morehead City,North Carolina 28557 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan, DCM Morehead City District Planner Date: February 3, 2005 ' Subject: Major Permit Application, Requested by Mr. Christopher Piner to perform maintenance excavation, construct an upland basin with three (3) covered slips, a boat ramp, and bulkheads, at property located off Hwy 70 E, South Harbor Road adjacent to a manmade canal that adjoins to Core Sound, in the Community of Davis, Carteret County,North Carolina. LUP Consistency Determination: The proposal is Consistent With&Not in Conflict with the 1996 Carteret County Land Use Plan certified by the CRC on November 19, 1999, provided that all applicable local, state, and federal development guidelines are met. Overview: Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Waters, Public Trust Waters, and Estuarine Shoreline. The Waters at the project site are classified as SA-ORW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Carteret County Land Classification Map designates the subject property AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Carteret County does not oppose bulkhead construction in any areas of the county as long as they fulfill the use standards set forth in 1 SA NCAC 7H. " (Bulkhead Construction Policy,pg. IV-10) "Carteret County supports the use standards for estuarine,public trust and OR wasters as specified in I5A NCAC 7H.0207. "(Section IV Marine Resource Policy (a), pg. IV- 14) "All construction along estuarine shoreline will be in accordance with Carteret County Subdivision and/or Zoning Ordinance. " (Residential, Commercial, and Industrial Development Impacts on Resources,Policy (d),pg. IV-14) !, Cc: Tere Barrett, Morehead City District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 - FEB 0 Regulatory Division Morehead City DCM Action ID. 6 DD 7 Ap licant: C�i�y� NI IM V�l nC e r +4•u ►a� 'YA T Waterway: G� Soulid County: Type Work: Av-CACp, s �� 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 151-B, NC Hwy 24 Mr.Pete Benjamin,Field Supervisor Morehead City, North Carolina 28557 Fish and Wildlife Enhancement -}- _ ,U.S.Fish and Wildlife Enhancement /�{ l e_ d` 7 Irt l Post Office Box 33726 Regional Office Raleigh,North Carolina 27636-3726 Division of Coastal Management NC Department of Environment,Health Commanding Officer and Nat al•Resources United States Coast Guard [ S - j1 L0 I e d v Marine Safety Office r $'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 2 -2 (� r Questions or comments may be addressed to the undersigned, available at telephone (910)251-4930. Sin erely, Henry Wicker,Project Manager Wilmington Regulatory Field Office Enclosure 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 20, 2005 EZU MEMORANDUM: FEB 0 ? 2005 TO: Dan Sams Pat McClain Morehead Cifiy DCM For James Simmons Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project(Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30'X 60'roof,a 19' X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark ' Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are 1 1 incorporated. See attached. r Eros.. G...d s�� Co nk pt.. �`t'Pl�c.�k.» t aPPfnvr.( is Att�ssa�y 7ea 44 pieJ y4 fix•�►: c.�ld bc, This agency objects to the project for reasons described in the attached comments. t►c"s saw i T rn-Atr:a1 'is -Vro'-64 lnvRla�. 0 1-i p l t. l ec"'s , a SIGNED - Hwy. 24. Morehead Cit?AWR Carolina 2857„ Z8 , 2adS Phone: 252-808-28081 FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 20, 2005 MEMORANDUM: RDMIE-HABITATI TO: MikeStreet For Preston P. Pate, Jr., Director J0 Z 0 2005Division of Marine Fisheries FROM: Doug Huggett D ( Major Permits Processing Coordinator KB SUBJECT: CAMA/DREDGE &FILL Permit Application Review — 8 Applicant: Christopher Piner-South Harbor Project (Davis) D F-HAE I W Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30' X 60'roof,a 19'X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ` This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED SATE d City, North Ca Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper i ,RSA ` ` 0 AA L J05 NCDENRft; 311cm 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 ���22324 25�6�>�� January 20, 2005 �O' �► �� �' JAIL MEMORANDUM: , P TO: Maria Tripp Conc—mmt on `" NC Wildlife Resources Commission l� l�;t xi FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30'X 60'roof,a 19'X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2000If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2e808.AWhen appropriate, in-depth comments with supporting data is requested. '�"ci<±�C!rtts� ��xma�rn Rer+a►e� 'z.���s REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. X 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 Al h DATE i q t=e hfuj� z-c.. 1 1-13l Hwy. 24, Hestron Plaza Il, 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 Mwe— MAN 21 2005 ATM W WDENR .. 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 January 20, 2005 MEMORANDUM: TO: Renee Gledhill-Early y � NC Dept. of Cultural Resources r Archives &History FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30'X 60'roof,a 19'X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested.' REPLY: This agency has no objection to the project as proposed. ( This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE wa -" 151-B Hwy. 24, Hestron Plaza QVIorehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper _. j HCDENK 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 January 20, 2005 MEMORANDUM: 2005 TO: Ken Pace NCDOT ..: VdEY MA State Construction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30' X 60'roof,a 19' X 15'boat ramp,and the installation of three boadifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1 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 January 20, 2005 FZECFi'.IV�� MEMORANDUM: 1 2. AN 1 2005 V / SGJ cY yS s TO: Linda Lewis k Noel Lutheran _ �` ✓ Division of Water Quality / FEB 0 2 2005 FROM: Doug Huggett Major Permits Processing Coordinator Morehead City DCM SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30'X 60'roof,a 19'X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project,please contact Mark , Hardeman at(252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. • This agency has no comment on the proposed project. J� This agency approves of the project only if the recommended changes are incorporated. See attached. N G,P &Ahezd This agency objects to the project for reasons described in the attached comments. SIGNED G &�� /_ z&--05 TE d City,�l forth Camilla 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 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director R& 57^3ecretary--,, January 20, 2005 JAN 3 12005 U] MEMORANDUM: Morehead Qt . Y DCM TO: Ruth Leggett Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30'X 60'roof,a 19' X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested` REPLY: This agency has no objection to the project as proposed. ✓This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED '� �. � — DATE Z - 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper TO ---i� a- NCDENR FEB 2 1 2005 North Carolina Department of Environment and Natural Rempi ead City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 20, 2005 MEMORANDUM: i TO: Patty Fowler NCDENR-Division of Environmental Health '- FAN2 -Shellfish Sanitation Section SHELLFISH SANITATION FROM: Doug Huggett --- Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30'X 60'roof,a 19'X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808/-2808. When appropriate, in-depth comments with supporting data is requeste& 1tA�( -a c W"&A uyy�,-� 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. Q11\ �SIGNED- 151-B Kay. 24, Hestron Plaza ll, 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%a Post Consumer Paper 1 RI FEB 0 1 2005 FqCDENR North Carolina Department of Environment and Natural R%q&%!head , 51"�IVI Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 20, 2005 t MEMORANDUM: TO: Joe Henderson JA N .2 4 -2005 ti i NC Dept. of Administration State Property Office ;i3"ERTY ,` FROM: Doug Huggett - Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30' X 60'roof,a 19' X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: �r 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 G. LJ DATE S 15 Hwy. 24, Hestron Plaza II, Morehead City, North Car lina 2 57 Phone: 2 2-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper w AA, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 20, 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: Christopher Piner-South Harbor Project (Davis) Project Location: Carteret County, off Hwy 70 East, South Harbor Rd., entire Davis Fish House canal. Proposed Project: Proposes to perform maintenance excavation on a 1500' X 20' section of an existing man made canal. Also proposed is an 80' X 45' upland basin with three boat slips covered by a 30' X 60'roof,a 19' X 15'boat ramp,and the installation of three boatlifts and 767' of bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested: REPLY: >6 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. 4 This agency objects to the project for reasons described in the attached comments. SIGNED m/"l to DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper JAN 20 2005 DCM% DWQ Development Type FEE (14300 1601 4351000§3 1625 6253 (24300 1602 435100095 2341 I. Private,non-commercial development that does not involve $250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: sl 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,8,C,or D below applies: III(A). For Private,non-commercial development,If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be 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%(St 90) than one acre of wetlands and/or open water areas: R 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 January 19, 2005 TV Carteret Publishing ED Legal Advertisement Section J A N 2 m 2005 Re: Public Notice - South Harbor Project, Davis, NC Morehead City DCM To Whom It May Concern: Please publish the attached Notice in the January 21, 2005, issue of the Carteret News Times. 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, Mark Hardeman Coastal Management Representative mah Enclosure cc: Doug Huggett, Major Permit Coordinator Tere Barrett, District Manager 151-B Hwy,24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOTICE OF FILING OF 1701V APPLICATION FOR CAMA MAJOR I ED DEVELOPMENT PERMIT j AN 20 2005 Morehead City DCM 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 January 14, 2005. According to said application, Mr. Chris Piner has applied to dredge a 1500' man made canal, excavate a high ground boat basin, install three covered boat slips, and install 767' of bulkhead at South Harbor Road in Davis, NC, in a man-made canal adjacent to Core Sound, Carteret County. A copy of the entire application may be examined or copied at the office of Mark Hardeman, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron Plaza II, 151-B Hwy 24, Morehead City, N.C. 28557, prior to February 11, 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: January 21, 2005 151-B Hwy.24, Hestron Plaza II,Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 January 19, 2005 Chris Piner JAN 2 4 2005 P. 0. Box 25 Williston, NC 28589 Morehead City D►CM Dear Mr. Piner: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off Hwy 70 East on South Harbor Rd., Davis, NC, Carteret County. It was received on January 14, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 30, 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 the January 14, 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, Mark Hardeman Coastal Management Representative Enclosure cc: Tere Barrett, District Manager Doug Huggett, Major Permits Coordinator 151-B Hwy.24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AMA PERMIT APPLIED FOR lfhl.,*s Romer -w 50010A or loro l'ec� ,w Dwov, PROJECT: I A I(a/&A_( Ct2Vft 4OA/ 4,oat-f, aavwo, 75�iA COMMENTS ACCEPTED THROUGH a 1v(ar �� ZQDS APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: or A f' 6" 4404r is . A /i.1 Z S� o2jg tc 2 APR-29-2003 TUE 09:32 AM NO DIV OF COAST L MG FAX NO. 4 « . 1 JAN 2 0 2005 . OCT 6 2004 i Morehead City �C Morehead City UCM . i ' !C1ZIt'r1YZ1ED MATI. • RI?.TC1 N F,C'E.IPT REQUAM i1 j DIVISION OF COASTAL MANAGEMENT ADJAC. rNT RIPARIAN PROPERTY OWNER NOTIFIC 'LION/WAIVER FORM Name of Individual applying for Permit: o /I ; 114arbnL Pr Address of Property: i (1.ot or Street q, Street or Road, city&County) �.., a I hereby certify that I own property adjacent to the above referenced property. The individual f applying for this permit has described to me as shown on the attached drawing the development the are propo iI A description or drawing, with dimensions, shoyid be provided with this a ;y letter., I have no objections to this proposal. if4"' ha e objections to what is tieing proposed, please write ,the Division of Coastal r Alanagemeot, Hestron Plata 11, 151-8, Hsvy. 24, Morehead City, VC,'28557 or call (252) 808- 2808 within 10 days of receipt of this notice. No response is consul red the saute as no objection if you havo been notoed by Certjrled Mail. WAIVER SECTION i 1 I understand that a pier, dock, mooring pilings,breakwater, boat house, lift or sandbags rnust be ' ' f set back a minimum distance of 15'from my area of riparian access unless waived by me. Of you i wislyto c lie setback,you must initial the appropriate blank below.) G � i I do wish to waive the l5' setback requirement. ` i I do not�%yish- w` e the 15'setback requirement. L r Ay Si ture , Date •I �� I Print.Na Telephone Number With Area Code i COMPLETE ■ Complete items 1,2,and 3.Also complete A. S' n ure item 4 if Restricted Delivery is desired. X c� ` Agent ■ Print your name and address on the reverse ORIddressee so that we can return the card to you. B. Received by(Printed Name) C. Da a of eliv ry ■ Attach this card to the back of the mailpiece, ¢� or on the front if space permits. 17, D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 6fv/ AUjGZ-tS &'57-�97 S C ,cJp` 3. Service Type f� J I Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1010 0003 9480 5823 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • • • DELIVERY SENDER: COMPLETE THIS SECTI■ Complete items 1,2,and 3.Also complete A. 'g to item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the Card to you. B eceived by(Printed Name) C. Dprte of live ■ Attach this card to the back of the mailpiece, 9' �D or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No .J C 0/1 V5 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 7003 :1Q10 0003 9480 5878 (Transfer from service label) PS Form 3811,February 2004 Do Dom04 Return Receipt 102595-02-M-1540 a ' APR-29-2003 TUE 09:32 AM NO DIV OF COASTAL MGMNT FAX NO, 4 T P, 03 +/N, 2, 0 2005 OCT 6 2004 a . • ;i ! Morehead City DCM ,Morehead City DCM j LIt'rrr�I .p MAID. • It3_+.T HN EC'EIPT REQLtFSM DIVISION OF COASTAL.MANAGEMENT AT)JAC�NT RIPARIAN PROPERTY O ER c NOTIFI TIONJWAIVER Ii'OItM Name of Intlivichtal applying a for Perm , y Address of Property: L'O r S 0 U �' II �� � rSG � `� � I� i (l.,ot or Street ll, street or Road, City&County) 11 I �... 1+ I hereby certify that I own property adjacent to the above refcrenccd property. The individual applying for this permit has described to me as shown on the attached drawing the development tltcy are proposing, A description or drawing, with dimensions, sha�ld be provided with this letter. I have no objections to this proposal. if you ha�e objections to what is being proposed, please write .the Division of Coastal nfanagemept, Hestron Plaza 11, 151-B, Hwy. 24, Morehead City, �C, 28557 or call (252) 808- 2808 withhi 10 days of receipt of this notice. No response is considered the same as no objection if you havo been not!Elled by Certifted Mail. i (I WAIVER SECTION ! I undctstand that a pier, dock, mooring pilings,breakwater, boat house, lift or sandbags must be � L set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you j f J1 wishl'y waive the setback,you must initial the appropriate blank below.) .J I do wish to waive the 1 S' setback requirement. ` i I do not wish to waive the 1$'setback requirement. 1 Signature , Date Pr'nt Namo ' 1'e ephone Number With Area Code i . i SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A. S' nat item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse & OZressee so that we can return the card to you. B. Received by(Printed N e) C. Date of Delivery ■ Attach.this card to the back of the mailpiece, !�/ or on the front if space permits. 23 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Service Type J) A/C �,��� /15 Certified Mail ❑Express Mail V l G'�J' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1010 0003 9480 5830 (rransfer from service label) , PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si ature item 4 if Restricted Delivery is desired. ,Q fl Agent ■ Print your name and address on the reverse X u" ddressee so that we can return the card to you. B. Received by(Printed Name) C. Date of gelivery W Attach this card to the back of the mailpiece, `� or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No Al M2 ,v 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 7003 1010 0003 9480 5915 (rmrm*r from service label) PS Form 3811,February 2004 Domestic Return Receipt 10259"2-M-1540 APR-29-2003 TUE 09:32 AM NO DIV OF COASTAL MG AX N0, ' JAN 2 0 2005 OCT 6 2004 �. �orhe6d Cif DUM Morehead City Dr. y ; � . 4 '► U1'T1BED MAIL • RETURN RECEIPT BF,O TFSM r i DIVISION OF COASTAL MANAGEMENT AnJACPAT RIPARIAN PROPERTY OWNER NOTI)FICATIONIWAIVER I''ORM Name of Individual applying for Permit. Addrass of Property: i i (Lot or Street#, Street or Road, City&County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to nic as shown on the attached drawing the development they are proposing, A description or drawing, with dimensions, shoyld be provided with this I have no objections to this proposal. R ff You ltai a objections to what is being proposed, please write ,the Division of Coastal r managemeot, Hestron Plata It, 151-?3, Hwy. 24, Morehead City, �C, 28557 or call (252) 808- 2808 within 10 days of receipt of this notice. No response is considered the saute as no objection if yo14 havo been noly7ed by Cert(fled Mail. WAIVER SECTION l . ! I understand that a pier, dock, mooring pilings,breakwater, boat house, lift or sandbags mast be ' set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you �1 to waiv the setback, you must initial the appropriate blank below.) 4 I do wish to waive the IS' setback requirement. I do not wish to waive the I$'setback requirement. inre U�/1j� � Dt Print Namo Telephone Number With Area Code i 1 f i t SENDER: COMPLETE THIS SECTION COMPLETE THIC IZVCTION ON DEI'Vf7;7,' ■ Complete items 1,2,and 3.Also complete Signat item 4 if Restricted Delivery is desired. ,/` , ❑Agent ■ Print your name and address on the reverse G� —❑Addressee so that we can return the card to you. Received by P' ame) C. ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. s delivery addrA different from ❑Yes 1. Article Addressed to: If YES,enter delivery address ?a No C C 7 SEP 23 W 'I Ksx U) �c 3. Service Type VV &,Certified Mail ElExpress Mah5,,-" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7003 1010 0003 9480 58kl (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 APR-28-2003 TUE 09:32 AM NO DIV OF COAS AX D 0 C T 6 2004 �I .._.. .1: JA.N 2 0 2005 a i Morehead City DCM Morehead City DCM ' !CJgJ'rIT` 1F.1) MA I, • RETURN RECEIPT REQUF,SM DIVISION OF COASTAL MANAGEMENT i AIDJAC�NT RIPARIAN PROPERTY OWNER NOTIrICATIONIWAIVER FORM Name of Intliviclual applying for Permit: ; Address of Property: N (1•ot or street a, Street or Road, City&County) �.., I hereby certify that I own property adjacent to the above referenced property. The individual f applying for this permit has described to ntc as shown on the auched drawing the development tltcy are proposing. A description or drawing, with dimensions, should be provided with this a y letter. 9 I have no objections to this proposal. if You ha�e objections to whin is being proposed, please write ,the Division of Coastal Alanagemeat, Hestron Plaza It, 151-8, Hwy, 24, Morehead City, �C,!28557 or call (252) 808- 2808 within 10 clays of receipt of this notice. No response is considered the same as no objection if You have been notoed by Certirted Mail. WAIVER SECTION i f I understand that a pier, dock, mooring pilings,breakwater, boat house, lift or sandbags must be set back a mininuim distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback,you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement, ` I do not wish to waive the 15'setback requirement. I' ' 99nature , r\Date Print Name I'dephone Number With Area Code k COMPLETECOMPLETE THIS SECTION ON DELIVERY SECTION ■ Complete items 1,2,and 3.Also complete ignatu ` item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B eceived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 2j) ,u -14 or on the front if space permits. D. Is delivery address different from item 11 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �JA/A A/' I—W // C 3. Service Type Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) q Yes 2. Article Number 7003 1010 0003 9480 5854 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. g atur item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse RT Addressee so that we can return the card to you. B Receiv by(Printed Name) C. to of Deliv ry ■ Attach this card to the back of the mailpiece, 6� -� Z 17 U or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: p If YES,enter delivery address below: ❑No Jic//{r a 3 -c V G /`- o (l l V C 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 7003 1010 0003 9480 5847 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 w i ROVED Melanie Arthur 3P JAN 2 0 2005 CARTERET COUNTY JL Date 01/23/2004 Time 13:29:00 OR 1037049 Page 1 of 3 Morehe d City DCM NORTH CAROLINA,CARTERET COUNTY The foregoing certificate(s)of Notary Pul iC(s)Were certified to be correct.This Instrument and this certifl- Cate are duly register" egister at th6:date and time an in the Book and Page s wn on the first page here f. CARTERET COUNTY 15198 01/23/2004 V Arthur,R s r f ` $BB.00 gim. 4J\ "•" tt15,Vesl Estatet•lA �6WH CAROLINA GENERAL WARRANTY DEED Excise Tax: $86. Tax Lot No. Parcel Identifier No._ 73690334614100 Verified by County on the_day of 20 by Mail after recording to GRANTEE This instrument was prepared by Foodman Hunter&Karres,PLLC 2004014676 Brief Description for the index I M&B DAVIS HARBOR THIS DEED made this 19th day of January, 2004 by and between GRANTOR GRANTEE PUMPKIN'S FUTURE LLC J.ERIK GROVES P.O.BOX 895 WAXHAW,NC 28173 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in CARTERET County,North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO t3UUK.___ZO3 9 PAGE-'----- i JAN 2 0 2005 The property hereinabove described was acquired by Grantor by instrument recorded in Book 995, Page 389, CARTERET County Public Registry. Morehead City DCM A map showing the above described property is recorded in,CARTERET County Public Registry, TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements and restrictions of record and the lien of the year 2004 ad valorem taxes,which the Grantee herein agrees to assume and pay. IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate,has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. (Corporate Name) (SEAL) 2 PUMPICffil'SLT_IJR President Z ATTEST: U RIK GROVE fM6.ft- R �FALI Q Secretary to y 5 (Corporate Seal) SEAL-STAMP STATE OF NORTH CAROLINA,COUNTY OF MECKLENBURG ,atthNNllllyyy �# h r 1,the undersigned,a Notary Public of the County and State aforesaid,certify thatJ.Erik ya Groves,Member Manager of PUMPKIN'S FUTURE LLC ,Grantor,personally appeared Ubefore me and acknowledged the execution of the foregoing instrument, a Witness my hand and official stamp or seal on January 19th, 2004 My commission expires: -,SON CQU c rr i n u„",• C. � iJi.7yt� Notary Public The foregoing Cartificate(s)of Were certified to be correct.This instrument and this certificate are duly registered at the date and time and in the Book and Page shown an the first page hereof. REGISTER OF DEEDS FOR COUNTY ey Deputy(Assistant-Register of Deeds. 80()K-A3.�- PAGE T Das WEB i JAN 2 0 2005 EXHIBIT Morehead City DCM Beginning at a point on the south side of a dirt road which lies between two canals in the division of the lands of Dallas Salter(now or formerly), which point is 450 feet east of a point where the southern margin of said dirt road intersects with the eastern margin of U.S.Highway Way#70; and running thence southwardly 151 feet to the north side of a canal; thence eastwardly with the north side of the canal 200 feet to the southwest corner of the lands of John Weeks(now or formerly),being designated as Lot#7 of Davis Harbor Division;thence northwardly with the west line of said Lot#7 115 feet to the southern margin of said dirt road;thence with the southern margin of said dirt road westwardly 200 feet to the point of beginning,this being Lots 5 and 6 of the Davis Harbor Division. n' V 0 C,T 6 2004 Melanie Al'tAlLi-V 3P PI-1 GR 9GG341 Page I o-f 3 NORTH CAROLINA,CARTERET COUNTY The foregoing ce"fificate(s) of Notar/ Public(s) tare correct.This and this cOrtifi- cerlTo be o and time and in CARTERET LINTY Date arc, d�ly registered at th'B 6,3', 10566 12/06/2002 the ppok and Page shown or,ji1j,first page hereof. $62.00 IV ster of eels SOFT Real Estate JAN 2 o 2005 elanieArt 91' STATE Of L1020VIINA 11 Excise Tax 01 DAV-9 80 Morehead City 1)"V1 Prepared by C R. Wheatly, III,Attorney,Beaufort, NC 28516 Slumps., Oa-Q-1) NORTH CAROLINA PIN#736903344189000 CARTERET COUNTY WARRANTY DEED becember- THIS DEED,made this U day of+1eyefftbff, 2002, by and between RICHARD W. SCOTT, single,party of the first part and CHRISTOPHER D. PINER,ANDY C. GILLIKIN, and TOMMY D. GILLIKIN, as tenants in common,whose address is P. O. Box 25, Williston, NC 28589 party of the second part; WITNESSETH: That party of the first part, for Ten Dollars and other valuable consideration paid by party of the second part,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain, sell and convey unto party of the second part, in fee simple, all that certain lot or parcel of land situated in Davis Township, Carteret County,North Carolina and being more particularly described as follows: Beginning at a point in the southern right of way of South Harbor Drive,which beginning corner is described as being the following courses and distances from where the centerline ofArmy Camp Road would intersect with the centerline of US Highway 70 if same were extended; running from said point of intersection N 32-13-08 E, 1199.74 feet to a point; thence N 35-00 E, 261.27 feet to a magnetic nail in the centerline of US Highway 70 and the southwestern line of South Harbor Drive if same were extended; running thence from said point S 52-03-05 E, 297.92 feet to the Point or Place of Beginning; running thence from said POINT OR PLACE OF BEGINNING and running with the BOOK--966 - PAG 9 s r ' W� M � Y10 bssr197oM 1 southern right of way of South Harbor Drive S 52-03-05 E, 200 feet to a bent iron shaft in the southern right of way of South Harbor Drive; running thence from said point S 34-39-58 W, 84.85 feet to the highwater mark of a boat basin; running thence with the highwater mark of the boat basin and a canal the following courses and distances: N 69-32-59 W, 11.84 feet; S 46-57-03 W, 18.47 feet; S 31-18-32 W, 25.24 feet; S 39-13-08 W, 18.52 feet; N 59-05-57 W, 43.14 feet; N 61-46-59 W, 38.28 feet; N 18-41-36 W, 16 feet; N 14-27-16 W, 13.11 feet; N 07-01-39 W, 23.5 feet; N 08-16-49*W, 57.31 feet; N 55-57-56 W, 26.24 feet to a set iron pipe; running thence from said point N 35-00 E, 90.75 feet to a set iron pipe, the Point or Place of Beginning, together with all riparian and littoral rights associated therewith. See map entitled, "Christopher D. and Karen W. Piner,Roland and Mica Ray Styron", dated October 30, 2002, prepared by Powell Surveying Company, P.A. which map is incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to party of the second part, in fee simple. And party of the first part covenants with party of the second part, that they are seized of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that party of the first part will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. 1. All rights of way, conditions, easements and restrictive covenants of record. 2. Ad valorem taxes for the year 2002. IN WITNESS WHEREOF,party of the first part has hereunto set his hand and seal, the da and year first above written. (SEAL RICHARD W. SC TT N JAN 2 0 2005 fill OCT6 2004 Morehead City DCmorehead City DCM 2 �/ '600 P�AG Y�. NUEor M MOO yfiD b69(1910M NORTH CAROLINA CARTERET COUNTY I, the undersigned Notary Public, do hereby certify that RICHARD W. SCOTT, personally appeared before me this day and acknowledged the execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal, this day of-Mm4m*ey, 2002. Notary Public My Commission Expires: \klp\deed\piner,chris Wy UOMMMWM xpires September 12,2006 13U tk0TAq OOUS f , ��r �• �l '11QW t Di ii 6 2004 Morehead Cit DCM P L v JAN 2 0 2005 Morehead City DCrvj 3 BOOK PAGE _.i •.�sip: � '^�y,.'� •�•'"- <<p,%�`t.'tktp :��. CAFTEKT COUNTY 11-06-92 TP . © NORTH CAROLINA,CARTER T COU TY 7 14. STATE OF The ioregoin;i M-1104-1: .',, " I r r [his instrument was pre Q ,,, pRTH Is (are)certitit;c!tc i'+ H�.r uNA qjw. Real Estate ;�,-,,,.; .,, i [vcordadin l c otlice in SRO sented� r Ter• 6 Excise Tax gook) r - 'y/IC O'dock-AM, day o, �..` 1.. egisler of U�e ^ By tart,Deputy "a'• Excise Tax $9.00 Recording Ti e,Hook and Page Tax Lot No. ...... .................... Parcel Identifier No. 572472748 . ............................ Verified by Y .. ................... .... . _ County on the..... ...... day of.. . .. .... ........ . . ........... 18..... . r&`T Mail after recording to ....Benne,tt.,.k.1G.GAnkey.r... ................. ............................. ......... P. 0. Drawer 189, Morehead City, NC 28557 ...... .. ......... ..... . .................... .................. . ......... .......................................................... ,. This instrument was prepared by.....James W. Thompson, Attorney at Law, .Morehead•,gity,••NC ., Brief description fur the Index , NORTH CAROLINA GENERAL WARRANTY DEED da •November.•••„• •„ ... 1p,9?.... by and between THIS DEED made this ...�i. . . y of GRANTOR GRANTEE CECIL R. MURPHY and wife, MARK A. PINER, Individually P. 0. Box 72 GA.IL MURPHY 201 Pond Dr.ve Davis, NC 28524 Atlantic Beach, NC 28512 ��515.,,SI IY11. Filter in appropriate block for each party: name,address,and,It appropriate,character of entity,e,q,corporatlon or partnership, tY?r�tii The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is.hereby . QM`µ '• acknowledged, has and by there presents does grant, bargain, oell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of................. ......................................., ......Davis......... ............•.•... .Township, t4 r'r i - County,North Carolina and mono pluticultuly described as follows; z?i Carteret BEGINNING at an iron pipe in the edge of a driveway 217 feet from O ." •: the center of Highway 70; thence an , easterly direction with the (D ,^M driveway 50 feet to an iron pipe in Juston Willis' line; thence a �— ar northerly course 55 feet to an iron pipe in the edge of a canal; CD Z ° y`' thence a westwardly course with, the canal 50 feet to an iron �U i rAn. ,4jl � pipe; thence a southerly course 65 feet to the beginning. Q. to 7 l n NO TITLE EXAMINATION WAS REQUESTED OR PERFORMED ON THIS PROPERTY `. 0 r.. N.C.Bar Astor,corm No.1 D 1971.11-21111 1977, 600 PAG 1 r„ma e,.r.,.,.,.,,"i.,N c All A-1961. P t , r Thepropera hereinabove described was acquired b Grantor b instrument recorded In ....:.......... Y Y Y ta. Book 397■ Page 300 M. A map showing the above described property is recorded in Plat Book.................................. page................ ?l?i! .,yl,. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to ,;, f, , } K: the Grantee in fee simple. i�; , And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple,has the right to calvey "a,.. the some In fee simple, that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and claims of all defend the title against the lawful persons whomsoever except for the exceptions hereinafter stated. P P P n Title to the property hereinabove described is subject to the following exceptions: 4 Valid and enforceable restrictive covenants. easements and encumbrances of record. IN WITH EBB WHEREOF, the Grantor has hereunto at his hand and tool,or 11 corporate,hat eauutl this Inat ant to be alined!n Its M corporate name by 1U duty authoelsed ofllcen and lu tut to be hereunto attlxe�yb� authority of Il■ Ba+r of Ulree r, M■ day +nd year flat r above written, , / / CD J � .... t "..: (corporate Name) CEC L R. MURPHY BY:............................................................ C 4-AftURPHY ____________________________President Q ATTEST: ............................................(KCAL) 6. c. CJl S Ci /■� '+ J Le L■d `• .•'•' "'Ly .......secretary(Corporate seal) { t'la. 1�1•;�r. ..................................................... ....._(SEAL) pg4 \" ii'ti{1 E:" .arCAL-AT AMP'S '•, •' NOltTtl CARULINA, _______R$LC$rE t...............County. rr� , a Notary Public of the County and State Nice* cce Il hhatt�sy..................................•-•--- '^a``1�(' • (,: 1._.....Cecil Rt-Murphy_and_wjtife, i,�:MSIi�P-C�9-./. — — Grantor, • personally appeared bates@ me WIL day and acknowledged \the e�xeecatlo�n�of W foregoing Instrument,Witness MY LL 7 hand And official stamp of Neal,this.6 day of .,�_,!,_1�_Y_�:�y"n_.^^�I/�t:`:! 11132. 01 My commission exptrer.Jk:/ `•�3 :- - _1h .....-. ola y Public '=•"n'rt SEAL-STAMP NORTH CAROLINA, ..................................County. i,4ritia,:. •. . m I, a Notary Public of the County and Stara aforesaid. certify that .......................................... �•. y pr .ally came before me this day and acknowledged that....MIN........................... secretary of -a North Carolina corporation,and that by authority duly given and an the act of lhn corporation,the fotegeing Instrument was signed In It.name by Its_______________ „ President.Healed with Its corporate sal and dtrttod by...........or Its............................Secretary, Witness my hand and ofticUl stamp or ad,this.......day of...........................Ig......... Allycommission expires:....................................................................... Notary Public ' �rs�~•�;' The foregoing Certificates%)of ...............................____....__._._________-.___-_-__-_______-._____-_ ................... ....................................•---•-.._.._........_..........__..........-•--._........................_......._.. Is/are certified to be correct,This Instrument and this certificate are duly registered at the data and time and In the Book and Page shown on the first page hereof, .......................................................REGISTER Or DEEDS FOR.........,..........................COUNTY BY ........................................................'_..........D■DutY/Assistant-Resistor of Deeds BOOK ?a LP.MA y N.C.Bar ANtoc,Form No.3 el 1925,Revised Ilrt, POOLS PNIN7INO CO.,INC.P.O BOX 1737e MINN.NC er111 hnl,del AIw 1t•S,'-NC a„A-1.e1. E,fir iJ•' 4yf n.