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HomeMy WebLinkAbout133-05 Friends of the NC Maritime Museum Pehpit Class Permit Number NEW 133-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Friends of the NC Maritime Museum c/o Brent Creelman, 315 Front Street,Beaufort,NC 28516 Authorizing development in Carteret County at Gallants Channel and Town Creek, SR 1170, Beaufort , as requested in the permittee's application dated 4/28/05(MP-1).4/29/05 (MP- 2),and 4/22/05 (MP-3 and MP-4),including the attached workplan drawings(12), 1-3 of 3 dated 4/05,and 1-9 of 9 dated 4/05. This permit, issued on August 24,2005 , is subject to compliance with the application(where consistent with the permit),all applicable regulations, special conditions and notes set forth below.Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes only the grading and other land disturbing activities associated with the redevelopment of the property owned by the applicant located at the end of SR 1170 adjacent to Gallants Channel and Town Creek, including the removal of the existing concrete and brick structures, and the construction of the associated parking lot, great lawn area, asphalt tie-ins to SR 1170, the 259' x 15' concrete walkway to the water, the 311' x 2' concrete "seatwall", and improvements to the existing gravel roads, all as expressly and specifically set forth in the attached permit application forms and drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at(252) 808-2808 for this determination. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department5L personnel when the project is inspected for compliance. Any maintenance work or project modification not covered ares S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signa ru f Permittee k as a o-a s�xa ��o-o-o-a�a o-�as wo-o-ao-rn��� a�ao u aaw c%a » wr o-wrraw aas rw c< ao-aaaa o c a a�r�ac ti ro-aa����o-a�a; o- 41104-0 Y Friends of the NC Maritime Museum Permit# 133-05 Page 2 of 5 ADDITIONAL CONDITIONS Excavation 2) In order to protect juvenile finfish populations, no excavation shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the U.S. Army Corp of Engineers. 3) Excavation shall not exceed -12 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 4) No vegetated wetlands shall be excavated or filled. Spoil Disposal 5) All excavated materials shall be confined to the area designated on the attached workplan drawing 4 of 9, dated 4/05. Any proposal to alter the location of the spoil disposal site may require permit modification. 6) All excavated materials shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Shoreline Stabilization 7) The alignment of the permitted bulkhead, breakwater, and riprap 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions shall require the alignment to be re-staked by DCM within a maximum of 30 days prior to the new expected start of construction. 8) The breakwater shall be constructed with 1-inch gaps between breakwater sheets to allow for water to flow behind the wall. This permit does not authorize any backfilling of the permitted breakwater structures without permit modification. 9) The bulkhead shall be constructed prior to any backfilling activities. 10) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 12) The backfill material shall be clean and free of any pollutants except in trace quantities. 13) The alignment of the approved riprap shall not extend waterward more than 10 feet from the normal low water level at any point along its alignment. r.,•-..,.r,.,_.,.,,,•...•,'.,.v.x.,,_r.,.__ -.,,r.Y,..-._.-..•,_v r, v v r r Yr,v Friends of the NC Maritime Museum Permit# 133-05 Page 3 of 5 ADDITIONAL CONDITIONS 14) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 15) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, snarl, or broken concrete. Elevated Walkway 16) The alignment of the 339' x 8' section, the 507' x 12' section, the 170' x 16' section of elevated walkway and the associated wave attenuator shall adhere strictly and specifically to the alignment depicted in the attached workplan drawings. Any proposal to alter the location of the elevated walkways may require permit modification. 17) All portions of the walkway located within 30 ft. of the normal high water line shall be slatted, wooden and elevated and shall be constructed in accordance with the attached workplan drawing 7 of 9 dated 4/05. 18) Any portion of the boardwalk located over coastal wetlands shall be elevated a minimum of 36 inches above the marsh substrate as measured to the bottom of the decking. Floating Dock 19) This permit authorizes the 200' x 10' temporary floating dock located in the water that is expressly and specifically set forth in the permit application and attached workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. Once the need for the water taxi service has ended, the temporary floating dock shall be removed unless this permit is modified to allow for a permanent floating dock. 20) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 21) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 22) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he/she abandons the permitted activity without having it transferred to a third party. 23) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. .................. ..................... Friends of the NC Maritime Museum Permit# 133-05 Page 4 of 5 ADDITIONAL CONDITIONS r Sedimentation and Erosion Control 140TE: 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. 24) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities, and placement of a turbidity curtain around the areas of disturbance as depicted in the attached workplan drawing 5 of 9 dated 4/05. Stormwater Management 25) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8050521 on 7/20/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 26) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 27) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the all structure located over the water in order to make them more visible during hours of darkness or inclement weather. 28) The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the tidal waters of New Hanover 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" shall be followed. 29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized without permit modification. Friends of the NC Maritime Museum Permit# 133-05 Page 5 of 5 f � ADDITIONAL CONDITIONS 30 The N.0. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 01-0798 Version 2), which was issued on 8/4/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. 31) In accordance with the Water Quality Certification, deed notifications shall be placed on all remaining x wetlands. These mechanisms shall be in place within 30 days of the date of issuance of the 401 certification letter or the issuance of the 404 Permit(whichever is later). 32) The wetland creation area shall be constructed in accordance with the attached workplan drawings. NOTE: In accordance with the recommendations made by the NC Wildlife Resource Commission, and in an effort to facilitate the success of the wetland creation area, it is recommended that the applicant plant the wetland creation area with the same species growing in the adjacent coastal marsh rather, than waiting for the area to revegetate naturally. 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. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200501022. `>YMh`Y}4P0•kQ-04}}4400-0P-0=W-0iKPOP 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 August 24, 2005 Friends of the NC Maritime Museum ATTN: Mr. Brent Creelman 315 Front Street Beaufort,NC 28516 Dear Mr. Creelman: 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, P^,&- V. �/vp=- Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Friends of the North Carolina Maritime Museum 2. LOCATION OF PROJECT SITE: Take Hwy. 70 to Beaufort, left at the stoplight in front of the courthouse, left on SR 1170 (West Beaufort RD.), go to the second drive past Town Creek Marina on the Left. LQ, Photo Index - 2000: grid H-12, 131-12, 13 1995: grid Q-16, 17 R-16, 17 State Plane Coordinates -X: 2701592 Y: 364181 Rover# L071222A 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—9/20/2004, 12/15/2004, 1/27/2005, 3/3/2005 Was Applicant Present-yes 5. PROCESSING PROCEDURE: Application Received —5/31/2005 Office—Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan—Carteret County Land Classification From LUP— Developed/Conservation (B) AEC(s) Involved: Coastal Wetlands, Estuarine Shoreline, Estuarine Waters, Public Trust Waters (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing —None Planned - Municipal (F) Type of Structures: Existing—Old Fish Meal Plant Building, Old Sheet Pile Bulkhead, Concrete Foundations Planned - Parking Lot, Boardwalk, Great Lawn, Breakwater, Bulkhead, and Docks (G) Estimated Annual Rate of Erosion: N/A Source—N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Vegetated Wetlands 1309sf shaded (B) Upland 9270sf graded to 104,459sf 125,000sf graded for create wetlands Impervious Great Lawn (C) Open Water 12,940sf Rip-rap 10,150sf 12,300sf shaded (D) Total Area Disturbed: 275,427sf (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: Applicant proposes to revitalize an existing 28 acre parcel of land in preparation forthe 2006 Tall Ships Exhibition, Development includes demolition of old structures, a new boardwalk, rip-rap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Field Investigation Report Friends of the N.C. Maritime Museum July 13, 2005 Page 2 of 4 9. NARRATIVE DESCRIPTION: The project is the "Old Fish Meal Plant" to the west of Hwy. 101 as you exit Beaufort. The site can also be reached by turning left off Hwy 70 at the stoplight in front of the Beaufort Courthouse and taking another left onto SR 1170(West Beaufort Rd.). Take the second driveway past Town Creek Marina to the left to reach the project site. The site is located adjacent to Gallants Channel, which is part of Town Creek. Gallants Channel connects Beaufort to the Newport River. The Beaufort—Morehead City Airport lies just to the north of the site. Adjacent to the northwest is land owned by Aqua 10 Corporation. Immediately to the south is another parcel owned by the Friends of the N.C. Maritime Museum. The project site is a 28.18-acre tract, and was the site of a Fish Meal Factory with a few remaining buildings and concrete foundations. The existing buildings are to be removed after being documented by the Division of Cultural Resources. The average elevation of the tract noted by the applicant was+5'above MSL. Upland successional vegetation covers the high ground area. There are fringes of coastal wetlands behind the old existing sheet pile bulkhead and Section 404 Federal Wetlands to the south and east sides of the site. These lines have been delineated and surveyed in. The USACE revalidated the survey on 5/18/2004. There is approximately 1400 linearfeet of shoreline including the existing basin. Development on this shoreline is currently made up of a steel sheet pile bulkhead that is in disrepair, with the tie back system completely gone, and coastal marsh growing behind the wall. There is an existing gravel driveway, several concrete slabs, an old building, and several piles of concrete debris on the high ground areas. The adjacent shoreline to the southeast has a dock and a shoreline stabilized by an existing wall and riprap. The adjacent shoreline to the northwest is natural with areas of coastal marsh to NHW. The soils on site are a sandy loam. Water depths along the southeast shoreline drop quickly from the edge of the existing wall, from —7' to —17'NLW. Water depths at the mouth of the existing basin are from—19'to—21' NLW. Depths northwest of the basin vary from—2'to— 17' near the end of the basin. An existing channel lies several hundred feet to the south and the west of the site. The width of the waterbody is approximately 600'. The Division of Water Quality classifies the waters of Town Creek,which make up Gallants Channel,as SC. The Division of Marine Fisheries does not classify the waters of Town Creek as a PNA. The area is closed to shellfishing. Carteret County classifies the site as Developed,with all AECs classified Conservation. An archeological assessment has been conducted on site by the North Carolina State Historic Preservation office. The Friends of the North Carolina Maritime Museum propose to revitalize a 28.18-acre tract of land in preparation for the 2006 Tall Ships Exhibition. The project includes demolition of an existing building,and a steel sheet pile bulkhead.After demolition, the site would be graded as indicated on the construction drawings. After grading,the site would be sodded or seeded and mulched. New steel sheet pile breakwaters and pile-supported boardwalks are proposed along the shoreline. Rip-rap will be used to stabilize the toe of the new structures. Some maintenance dredging would be required in the boat basin and along the proposed boardwalk. A temporary floating dock to provide docking for a water taxi is proposed in the basin. Access walkways over the marsh would be constructed to reach the boardwalk. A small amount(.21 acres)of marsh creation is proposed behind the boardwalk to the southeast. Upland development includes a gravel parking lot(91,159sf)that creates approximately 240 parking spaces, improved gravel drive (5,689sf), and a concrete seat wall (4,523sf). Two asphalt connections to SR 1170 would be constructed (1,753sf). The concrete seat wall would be constructed at the southern end of a proposed Great Lawn area. The seat wall would be used as a delineation point from high ground to the lower elevations leading to the marsh. Storm water runoff would be directed through a vegetated swale and through a ditch that outfalls at Gallants Channel. There is approximately 870'of existing steel sheet pile bulkhead on site. The old bulkhead to the southeast is to be cut off at grade(335). Directly in front of the cut off wall, an 8'wide boardwalk built with concrete piles and deck would be built. Standard pile driving equipment would be used. The waterward side of the boardwalk would have timber fender piles driven to temporarily moor the Tall Ships. There would be 432'of new steel pile breakwater installed around the southeastern peninsula. The breakwater Field Investigation Report Friends of the N.C. Maritime Museum July 13, 2005 Page 3 of 4 would have 1"gaps between the sheets to allow water flow to the wetlands behind the wall. The sheet pile would be incorporated with concrete piles waterward to form the 12'wide boardwalk. The 12'wide boardwalk would straddle the old wall. This section of boardwalk would also have timber fender piles driven for side to docking. A 1200sf section of this boardwalk would cover coastal wetlands on the northeast side of the basin. A new steel sheet pile bulkhead (136')would be constructed at the north end of the boat basin on high ground. The old wall would be completely removed. The 12' wide boardwalk would continue to the waterward side of the bulkhead and end at the northwest corner of the basin. A shallow bottom area of 5,674sf would be disturbed by the removal of the remainder of the sheet pile bulkhead to the southwest in the boat basin. This area is filled with concrete slabs and debris that would be removed before boardwalk construction. The southwest side of the basin would have a 16'wide by 170' long boardwalk constructed with concrete piles and decks. Additional,diagonally driven piles would be used under the deck for stabilization. Either a plastic or timber wave attenuator is proposed to be attached to the western side of the boardwalk to help alleviate the strong currents from the northwest. The toe of the new boardwalks and breakwaters would be stabilized by placing 1268cy of rip-rap material at their base. The toe protection would include placing geo fiber underneath the rock. The rip-rap would be sloped against the breakwaters to 10' from the walls or would be used as a sill on the southwestern boardwalk with a toe to toe width of 16'. Maintenance dredging would be necessary in the boat basin (150'x 50'). The average depth is-6' 10"and the final project depth is -12'. Two new areas outside the basin, a120'x 40'area to the southwest, and a 16'x 40'area to the southeast would be dredged.The average depth to the southwest is-9',with the final project depth to the southwest -12'. The average depth to the southeast is—5',with the final project depth to the southeast-7'. All depths are at NLW. Dredging would be necessary to ensure uniform depths for mooring the Tall Ships. Dredging would not be necessary for navigation to the existing channel, There were sparse oysters noted along the shoreline during the site visits. A10'x 200'temporary floating dock would be installed along the southeast side of the basin to be used for water taxi service. Access docks (2) covering 109sf of coastal marsh are proposed to access the boardwalks. These accesses are to be elevated a minimum of three feet above the marsh substrate. 10. ANTICIPATED IMPACTS: Impacts to Coastal Wetlands and the Public Trust Water AECs include disturbance from removing the old bulkhead and replacing it with a boardwalk and breakwater system,and maintenance dredging.The area to be dredged within the basin is approximately 50' x 150' x 5'4" (7500sf), removing 1510cy of material. The area dredged to the southeast would be 16'x 40'x 2'(640sf), removing 47cy of material. The area dredged to the southwest would be 120' x 40'x3', and would have 538cy of material removed. Spoil material would be placed on site out of the 30'buffer and in no wetland area. A turbidity curtain is proposed to contain sediments during construction, as turbidity would increase during times of dredging or the installation of the rip-rap. The rip-rap used for the toe protection of the breakwaters and boardwalks would cover 10,150sf of bottom habitat.A total of 1,015 linear feet of 8', 12',and 16'wide boardwalk,a total of which 1200sf shades coastal wetlands and 10,300sf covers public trust waters is proposed. The access structures tying in to the boardwalk would shade 109sf of coastal marsh. The temporary floating dock for the water taxi would shade 2000sf of Public Trust Water. The creation of 9,270sf of wetland area is proposed in front of the Great Lawn area. The only bulkheading is in the high ground area north of the basin (136'). The upland development includes 91,159sf of gravel parking area, and 125,000sfof Great Lawn area graded. A Sedimentation and Erosion Control Plan will be applied for with the Division of Land Quality, as will a Stormwater Plan from the Division of Water Quality.. The Field Investigation Report Friends of the N.C. Maritime Museum July 13, 2005 Page 4 of 4 grading plan would utilize existing site conditions and contours to control runoff,so as not to change drainage patterns. The total impervious area on high ground is 104,459sf(2.41 acres)yielding an overall impervious area of 8.5%and 0% within the Estuarine Shoreline AEC.. Mark Hardeman— Morehead City Office— [July 13, 2005] Form DCM-MP-1 APPLICATIOPC. (To be completed by all applicants) MAY 0 2 2005 Morehead City DCM b. Ci , town community or landmark l ea LA �4 1. APPLICANT c. Street address or secondary road number a. Landowner: I,� �A d. Is proposed work within city limits or planning Name ;ends a� h� /�� /,tetr, �;me. /�futsNuM jurisdiction? _X Yes No n:B�enf Cree/roan Address 31 S Foy 56/eeT1 e. Name of body of water nearest project (e.g. river, City e4 {or State IV C creek, sound, bay) ( c&l la n� 0 ha n n e l nr d Town Cree� Zip J F S- b Day Phone,:�S.7-7d?$• )l0 3 Fax a sa- 7 a 8-62 to 8 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: ��z��2,,r�'�"r Name �rt✓;ran�►1E`l�ta� �ervie�s� �,,e, a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and excavation and/or filling activities. Address Sd y S IV,'w Ape 00r5�ru f C.1, 6wrdwal k breu�Cwa.¢er, V)A4-Pr4a6 ndL K 5u rnPrQFd Qro+T�rPu."� City �a l State /� C Icc w r�a n�l a rA v ( nay k i R G In Zip 7 to 10 Day Phone 7400 b. Is the proposed activity maintenance of an existing project, new work, or both? We w Fax 919-A Id- i1©? c. Will the p�,roject be for public,private or commercial use? 'P� �i c c. Project name (if any) Ga k 1 a n fs C k o n n e I Wa-6 r G ue) - d. Give a brief description of purpose,use, methods of construction and daily operations of proposed NOTE. Permit will be issued in name of landowner(s), and/or project. If more space is needed, please attach additional pages. project name. rb/tC+ruC�iQh ngeesSu ty -For 21-j— be no >n -4ed Ll 11ie Ne M4r1'1ime. 2. LOCATION OF PROPOSED Museum grid j& `riGnd s of -Fk, N c- PROJECT �+ice ` am I6145e refer -in ii4t 0140t LPd reAar4 �nr e�rea��•�r �le��� I. a. County Revised 03/95 form DCM-MP-1 MAY 0 2 2005 m. Describe existing wastevwjW8[ t1i��a� /1 4. LAND AND WATER �``��, CHARACTERISTICS Llc:se 4�mAnzg ly icile L a. Size of entire tract I 0 Q C.re S n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) Tire wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or 5v rifa d e r,n o f� NWL + S ` M 5 L- d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Sand and laar� N xisj ;.l ourCe -�a 6&_ - e. Vegetation on tract �aa sTa ma rs 1. a e d ✓'c`�or } SUeeess;ar�l raa��a+pan . f. Man-made features now on tract Old bU I d r4S� $. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use plan.) following items must be submitted: Conservation Transitional Developed Community • A copy of the deed (with state application only) or Rural ether other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by Iocal government? claiming to be the owner of said property, then 13 3- �h u s; e5s w i �. Yr,ao ;nt. 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? _ X Yes No (Attach zoning compliance certificate, if applicable) and 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 1/2" by 11" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? s+�40 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 listed or eligible property? prints or other larger plats are acceptable only if an Yes _� No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? —i— Yes No Engineers regarding that agency's use of larger Coastal (marsh) I Other X _ 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 (Aaach doaonentation ifa„Wlabu) guide agency personnel unfamiliar with the area to the 04/29/2005 09:02 1252728210E FOM ~k.GC ,"efo Form DCM-MP-1 MAY 0 2 2005 site. Include highway or secondary road (SR) Y numbers, landmarks, and the like. 6. CERTIFICATION AND PE SIO TO ENTER ON LAND • A Storm"ter Certification, if one is nece�sary. %n � obfa�.+ed �i4reudh rooms-� ${�r»+ra� psrAuf • A list of the names and complete addresses of the I understand that any permit issued in response to this application will allow only the development described in adjacent waterfront (riparlan) landowners and the application. The project will be subject to conditions signed return receipts as proof that such ovmers and restrictions contained in the permit. have received it copy of the application and plats by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. Name r a N� p e% /�;/� L�o�r pbe 11 I certify that I am authorized to grant, and do in fact, Address �S 3 A 10 d. 1 NC,.�b grant permission to representatives of state and federal Phone Q 5 r ?a p review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Gin c EncC Ile ve,I,,X permit application and follow-up monitoring of the Address + e + a$S�lo project. Phone -_Q t- lW I I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone IeJ2 'This is thday of• A list of previous state or federal permits issued forwork on the project tract. Include permit numbers, Print Nam permittee, and issuing dates. .,.. tk Signature _ pt.�� N iwwdow r or Au&o►&xd Alrou md,ri��me rh Si4 ODD) x �S Please indicate attachments pertaining to your proposed • A check for made payable to the Department of project- Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the X DCM MT-2 Excavation and Fill Information application, DCM MP-3 Upland Development DCM MP-4 Structures Information • A signed AEC hazard notice for projects in �.. DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Potty Ad (N.C.G.S. 113A - 1 to space provided at the bortom of each farm. 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. Form DCM-MP-2 "'XCATI N � A ND FILL oo'b (Except bridges and culverts) G`t� ` d Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION �O�e other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards d5 s fill activities. All values to be given in feet. b. Type of material to be excavated eareeA_J#s(G &/Ai s Average nwd Existing Project c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes � No channel it"LWes 0,10k mNd T11-+ "�4Tujfd bN4kuA7 (MLW) or(NWL) d. Highground excavation in cubic yards �`• W yD sj anal 2. DISPOSAL OF EXCAVATED Boat ISn' Sfl' �_ gyp' la MATERIAL basin a. Location of disposal area onside d;7�pa-L Boat arflot . ramp b. Dimensions of disposal area r 15D` x Id 0 Rock groin •` ' ` c. Do you claim title to disposal area? ' : X Yes No Rock ;' If no, attach a letter granting permission from the owner. breakwater `'� " " z�f;: �> : :� q Other �n�+�, Ia0 35-to d. Will a disposal area be available for future a - ►a, (Excluding Ar« maintenance? X Yes No �,_ �t If yes, where? o..�,}e tih�i 1 a-c+,c^ w shoreline 'South dD".L'0' 7 - atabiliution)A,e4 N✓� C cT�W. r u t{i Q M. Revised 03195 04/2L�/2005 09:02 1252728210E FOM PAGE 03 Form DCM-MP-2 Does the disposal area include any coastal wetlands If yes, Y (marsh), SAVE r other wetlands? (1) Amount of material to be placed in the _ Yes No water (2) Dimensions of fill are& N f. Does the disposal include any area in the water? Purpose Of fill �sn�sceping_ _ Yes � No (3) rP° "- � b. Will fill material be placed in coastal wetlands (marsh), SAVs Ther wetlands? 3. SHORELINE STABILIZATIONYesNo if yes, a, Type of shoreline stabilization (1) Dimensions of f{I! area �A X Bulkhead y. Riprap and Brew�wae� l H►�!L (2) Purpose of fill g„�Iki�ea.� andward of M �O b. Length i r aI1 -fire—A a rr} 13'00-e- - isle, c. Average distance�waterward of MHW or NWL - r — 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site -�-along NW corrcr o� snu+�e���t^ �suia, and erosion controlled? m and 1. Shoreline erosion during preceding 12 months a nd U r, (Source of information) f. Type of bulkhead or riprap material ;2i rf-- nr r, ra eel SG.ee.+ , res wa+a.r^ + b. What type of construction equipment or hydraulic be used bukk1FNC' (for example, g Amount o fill in cubic yards to be laced below dredge)? B f y p cl�l ar �xca r um �r�--vA Cram _ water level d ds (1) Riprap (2) Bulkhead backfill equipment c. Will wetlands be cr;,ssed in transporting N -_ — to project site? Yes .^t�— No h. Type of fill material If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material N A thi5 � r+ee 0 e 5uAy L)5ttaM 4. OTHER FML ACTIVITIES ,+ t or Pru*a (Excluding Shoreline Stabilization) Signature a. Will fill material be brought to site? _ TL—1L L Yes No Date Revised 031" 04/29/2005 09:02 12527282108 FOM P11 4 ]Form DCM-MP-3 MAY 0 2 2005 UPLAND Morehead City DCM DEVELOPMENT (Construction and/or land disturbing Activities) Attach this form to Joint Application for LAMA Major h. Projects that require a CAMA Major Development Permit, Form. DCM-MP-I- Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? _) Yes No a. Type and number of buildings, facilities, units or If yes, date submitted structures proposed GrAyfl P*A;r\SI I m,00YAd arog� i. --Describe proposed"� method of sew% a isposal. b. Number of lots or parcels +ry+e� =_�• � '� taip -ems Syskr� w% m ,'�' n!-,�.� j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? units per acre) (Attach appropriate dorumenwon) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. a•5 o e res sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). P 1� d i rA ed �t rou ! d e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must o;A4--F. iS �+ Gal a�J �s Ctinnnel. receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, Community, public system, etc.) control plan been submitted to the Division of Land Resources? � Yes No If yes, date submitted m. Will water be impounded? Yes L No If yes, how many acres? . f. List the materials (such as marl, paver stone, n. If the project is a oceanfront development, when asphalt, or concrete) to be used for paved surfaces. was the lot(s) platted and recorded? Connrc�ipnS a+ SR 117n �-� ����ti� 7� g. Give the percentage of the tract within 75 feet of A "t orject N MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by Sig�t impervious and/or built-upon surfaces, such as t� pavement, buildings, rooftops, or to be used for Date vehicular driveways or parking. 1 01v J +► projeG S�k o a$ I/d uc. chi S intludaS it�e boM�Nl.�it. Revised 0315 04/29/2005 10:53 12527282108 FOM PAGE 02 Form DCM-MP �,�qy �i��. y d• ..• irk S ♦♦♦..`...y ttt 1 �oQ� STRUCTUR JM (Construction within Public Trust Areas) �G e Attach this farm to joint Application for LAMA Major e. Mooring buoys Commercial ��mma_ovate Permit, Form DCM-MP-1. Be sure to complete all ( Number other sections of the Joint Application which relate to 3) Description of buoy this proposed project. (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial Community Private (2) Number IC1 (q) Width of water body (3) Length b► - (5) Distance buoy(s) to be placed beyond (4) Width 1 D t shoreline (5) Finger Piers Yes 3— No (i) Number g pilings, etc.) f. Mooring structure(boatlift, mooring p �/ (ii) Length (1) Commercial Community Private (iii) Width Number -.. (6) Platform(s) Yes No OwfJK*11 5 3) Len ' W Number ( ) u Length 1 0 S' (4) Width (iii) Width �i - i (7) Number of slips proposed_ m g. Ocher lcv` ca►�nlcrs des�►�prto^1 -lei mAlf' 4C n.�lr 1 S Wl 11 �[. c -!�b1r (8) Proximity of structure to /adjacent riparian property lines I a` �DV t — �1 dls0 G i nt�u e i W&O'A}�r,.l<�Iw�tfs (9) Width of water body (P D 0 s d (10) Water depth at waterward end of pier at MLW or NWL 15' 6 0,`4 a'E ra C ,,yJw-I k, b. Boathouse(including covered lifts) (1) Commercial Private �tf of- �t ho:>fWA� (2) Length t or Project . (3) Widtht�n ,.- c. Groin (e.g. wood, sheetpile, etc.)sk6Jjde I rip-P signature (1) Number `' (2) Length(s) 15 0' Dote d, Breakwater (e.g. wood,a,� sheetpile, etc.) (1) Leigh (2) Average distance from MHW, NWL or wetlands - (3) Maximum distance bond MHW, NWL or wetlands S tiD 17I0n Nw. �IprlVti of sown den;jswla, T,CYWd 03195 ENVIRONMENTAL INVESTIGATION FOR GALLANTS CHANNEL WATERFRONT DEVELOPMENT CARTERET COUNTY, NORTH CAROLINA APRIL 2005 a f � s t MAY 0 2 2005 Prepared for: The Friends of the NC Maritime Museum Morehead City DCM 315 Front Street Beaufort,NC 28516 (252) 728-7317 Prepared by: Moffatt& Nichol �19DB ESI Environmental Services, Inc. 1616 East Millbrook Road 524 S.New Hope Road Suite 160 Raleigh,NC 27610 Raleigh,NC 27609 (919)212-1760 (919)781-4626 71+ Environmental Services,Inc. Executive Summary The Friends of the North Carolina Maritime Museum (FOM) propose to revitalize an existing 28.18-acre parcel of land in Beaufort, North Carolina in preparation for the 2006 Tall Ships Exhibition. The City of Beaufort has been chosen to host this event next year. The project study area is located on State Road 1170 adjacent to Gallant's Channel. The Beaufort- Morehead City Airport lies just northeast of the project study area (See attached vicinity map). The project study area currently consists of disturbed/successional land resulting from past activities on the site. A few of the original buildings remain onsite, but they will be removed prior to the revitalization. There is an old steel bulkhead along the existing shoreline that was constructed during the operation of the fishmeal plant. It is currently in disrepair and has failed in many locations. Four plant communities occur in the project study area: salt marsh, freshwater shrub-scrub wetlands, maritime shrub-scrub, and maintained/disturbed land. Section 404 wetlands as regulated by the ACOE are present on the site and have been delineated and surveyed during a previous site investigation. The ACOE has verified the wetland delineated and revalidated the wetland survey on 5/18/2004. The AECs occurring onsite include the areas of coastal marsh along the shoreline and coastal shoreline, which consists of the land within 75 feet of the normal high water level. The current coastal marsh AEC jurisdiction line is indicated on the attached plan sheets. Public trust waters are waterward of the MHWL and are directly adjacent to the project study area. Potential coastal wetland and public trust waters AEC impacts include minor disturbances from removing the old bulkhead and replacing it with a boardwalk and breakwater system. Minor dredging will also occur in and adjacent to the existing boat basin. Potential AEC impacts include the following: • 1,015 linear ft. of boardwalk covering 11,500 feet2 over coastal marsh and public trust waters (along old bulkhead line) • 2,095 yds3 of dredging (1,510 yds3 within basin and 585 yds3 outside of basin) 109 ftz of shading impact to coastal marsh from access walkways leading to the boardwalk. Walkways will be a minimum of 3 ft. above the ground surface. Temporary 200' x 10' water taxi dock • 1,268 yds3 of rip rap placed in the water as toe protection and for the sub tidal groin • 0.10 acre of impact resulting from excavation to a mud flat located within the northern peninsula, behind the failed bulkhead. This area is waterward of the MHWL and should be considered a public trust area. • 0.03-acre of disturbance to small fringes of coastal wetland that will be disturbed as a result of removing the old bulkhead around the southern peninsula. i Gallant's Channel Waterfront April 2005 mental qs�. Inc. P91AAV TABLE OF CONTENTS MOrehead City DCM 1.0 PROJECT INFORMATION.......................................................................................................1 1.1 PROJECT DESCRIPTION....................................................................................................... 1 1.2 SITE HISTORY& EXISTING CONDITIONS...............................................................................2 1.3 ENVIRONMENTAL SURVEYS..................................................................................................3 1.4 AGENCY COORDINATION......................................................................................................3 1.5 AGENCY APPLICATIONS....................................................................................................... 3 2.0 PURPOSE AND NEED.............................................................................................................4 2.1 ALTERNATIVES ANALYSIS.....................................................................................................4 2.2 NO ACTION ALTERNATIVE....................................................................................................5 3.0 ENVIRONMENTAL SETTING...................................................................................................5 3.1 SOILS..................................................................................................................................5 3.2 WATER RESOURCES ...........................................................................................................5 3.3 PLANT COMMUNITIES........................................................................................................... 5 3.4 WILDLIFE.............................................................................................................................7 4.0 COASTAL AREA MANAGEMENT ACT..................................................................................8 4.1 AREAS OF ENVIRONMENTAL CONCERN (AEC)......................................................................8 4.2 POTENTIAL AEC IMPACTS ...................................................................................................8 4.3 ESSENTIAL FISH HABITAT .................................................................................................. 10 4.4 POTENTIAL EFH IMPACTS.................................................................................................. 11 4.5 HABITAT IMPROVEMENT..................................................................................................... 11 4.6 PREVIOUS HABITAT ENHANCEMENT PROJECTS................................................................... 12 5.0 JURISDICTIONAL ISSUES....................................................................................................12 5.1 WETLANDS AND SURFACE WATERS................................................................................... 12 5.2 JURISDICTIONAL DETERMINATION PROCEDURES ................................................................ 13 5.3 PROJECT IMPACTS ............................................................................................................ 13 5.4 AVOIDANCE AND MINIMIZATION .......................................................................................... 13 6.0 GENERALCONSTRUCTION INFORMATION .......................................................................14 ii Gallant's Channel Waterfront April 2005 Mironmcnlal CfViCfs,rn C. MAY 0 2 2005 6.1 STORMWATER MANAGEMENT............................................................................................. 14 7.0 THREATENED AND ENDANGERED SPECIES...............................................�' �. C!..y.®4�.1Yd..15 7.1 LISTED SPECIES................................................................................................................ 15 7.2 EVALUATION METHODOLOGY............................................................................................. 15 8.0 CULTURAL RESOURCES.....................................................................................................18 9.0 CONCLUSION................................................................................................................... 18 10.0 LITERATURE CITED............................................................................................................ 19 TABLES Page TABLE 1. FEDERAL PROTECTED SPECIES FOR CARTERET COUNTY, INC .......................................... 15 ATTACHMENTS ATTACHMENT A: ARMY CORPS OF ENGINEERS WETLAND PLAT FOR FORMAL JURISDICTIONAL DETERMINATION ATTACHMENT B: SHPO LETTER ATTACHMENT 3: MAPS AND SITE PLAN DRAWINGS Gallant's Channel Waterfront April 2005 ICI Environmental Services,Inc. 1.0 PROJECT INFORMATION , M.? The Friends of the North Carolina Maritime Museum (FOM) propose to revitalize an existing 28.18-acre parcel of land in Beaufort, North Carolina in preparation for the 2006 Tall Ships '�� ;. Exhibition. The City of Beaufort has been chosen to host this event next year. Mr. Mike Winters, PE of Moffatt & Nichol (M&N) of Raleigh, NC is serving as the Project Engineer ' ^� and Project Manager for the Gallant's Channel OCJ Waterfront project. Mr. Jeff Harbour of Environmental Services, Inc. (ESI) of Raleigh, NC is the environmental consultant responsible for CAMA, 404, and 401 permitting. The project AL study area is located on State Road 1170 (West Beaufort Road) adjacent to Gallant's Channel. The Beaufort-Morehead City Airport lies just f northeast of the project study area (See attached vicinity map). 1.1 Project Description The FOM wish to reconstruct some shoreline stabilization measures along with elevated boardwalks along the shoreline in preparation for the 2006 Tall Ships Exhibition and in preparation for the future expansion of the NC Maritime Museum. The demolition and construction along the existing shoreline is proposed as follows: • 870'+/- of existing steel sheet pile bulkhead to be removed after installation of new structures. Some will be cut off at grade and some will be removed completely. • 335' +/- of old bulkhead will be cut off at grade and elevated pile-supported boardwalk will be constructed immediately waterward of the old bulkhead. • 432' +/- of new steel sheet pile breakwater will be constructed around the easternmost peninsula. Elevated pile-supported boardwalk will be constructed as part of the breakwater system. This system will straddle the failed bulkhead. • 136' +/- of new steel sheet pile bulkhead will be built in high ground along the rear of the existing boat basin with pile-supported boardwalk to be built along the waterward side of this bulkhead. • A total of 1,015 linear feet of pile-supported boardwalk covering 11,500 ft2 will be constructed along the existing shoreline. • 1,268 yds3 of riprap will be used to stabilize the toe of new structures and to stabilize the remaining portions of the old bulkhead. The toe of the riprap will be no wider than 10 feet. Gallant's Channel Waterfront 1 April 2005 YEN Will MAY U 2 2005 EnN iron mental Ser.ices,Inc. IvIloreneadCity DCM • A minor amount of maintenance dredging will be required in the existing boat basin (1,510 yds) to remove material that sloughs off and to provide consistent depths. • Dredging adjacent to the two fingers for suitable depths for mooring the tall ships (585 Yds3) • A temporary water taxi dock (200' x 10) will be located within the existing boat basin. • Access walkways to the pile-supported boardwalks will be constructed over 109 ft2 of coastal marsh. These will be elevated a minimum of 3 feet above the marsh substrate. • Approximately 0.21 acre (9,270 ft') of coastal marsh creation is proposed along the shoreline. The area will be graded down to an elevation on +2.0 ft, which is slightly below the MHW elevation of+2.08 ft. No Section 404 wetlands will be impacted under this proposal. Only 0.03 acre of CAMA coastal marsh that has become established behind the failed bulkhead and 0.10 acre of mud flat/debris that is also behind the failed bulkhead may be affected. Timber fenders will allow the tall ships to berth against the pile-supported boardwalks along the shoreline and inside the boat basin. 1.2 Site History and Existing Conditions The project study area was originally occupied by The Fish Meal Company, which produced menhaden oil and by-products from the late 1930's until the early 1970's. The fish processing operation also included a shipyard where boats were constructed along with boat and net repair - facilities. Many of the structures associated with r_ the fishmeal plant have been razed since r . �4 operation ceased in the early 1970's leaving large concrete slabs as the only remnants of these buildin s. The project study area currently consists of disturbed/successional land resulting from past activities on the site. A few of the original buildings remain onsite, but they will be removed prior to the revitalization. An old dredge spoil containment area is located along the northwest y-. site boundary. There is an old steel bulkhead along the existing shoreline that was constructed during the operation of the fishmeal plant. It is currently in disrepair and has failed in many locations. In those areas where the bulkhead has Gallant's Channel Waterfront 2 April 2005 Y r Y MAY 0 2 2005 Environmental pip Services,Inc. nn failed, it has fallen outward from its original location. A T RFV PTV Pee?wMie) of coastal marsh has become established behind the failed bulkhead in some locations. There is also an existing bulk headed boat basin that was created as part of the fishmeal operation. The existing impervious area onsite is 2.43 acres (106,066 sq.ft.) and consists of concrete slabs, old buildings, concrete debris piles, and the existing gravel drive. 1.3 Environmental Surveys Onsite assessments for wetlands, cultural resources issues, and threatened and endangered species have been conducted on the project site. For further details regarding wetlands, please refer to Section 5.0 of this document. Threatened/endangered species and cultural resource surveys are discussed in Sections 7.0 and 8.0, respectively. 1.4 Agency Coordination The following state and federal regulatory agencies will have had an opportunity to comment and provide input on this project during a series of meetings: U.S. Army Corps of Engineers (ACOE), North Carolina Division of Water Quality (NCDWQ), and North Carolina Division of Coastal Management (NCDCM), North Carolina Department of Environment and Natural Resources (NCDENR), DENR — Division of Land Resources; Land Quality Section, National Marine Fisheries Service (NMFS). Additional agencies that may have the opportunity to comment include: U.S. Fish and Wildlife Service (USFWS), U.S. Environmental Protection Agency (EPA), North Carolina Division of Marine Fisheries (NCDMF), North Carolina Wildlife Resources Commission (NCWRC), North Carolina State Historic Preservation Office (SHPO). ESI and/or M&N have attended these previous interagency meetings with the following agency personnel: • 20 September 2004—Henry Wicker (ACOE); Mark Hardeman and Tere Barrett (NCDCM) • 15 December 2004— Mark Hardeman (NCDCM) • 27 January 2005— Mark Hardeman (NCDCM) • 3 March 2005 — Joanne Steinhaus (NCDWQ), Mark Hardeman (NCDCM), Henry Wicker (ACOE), Tere Barrett (NCDCM), Ron Sechler (NMFS) • 21 April 2005— NCDENR Express Permit Review Team 1.5 Agency Applications Development in coastal areas requires approval pursuant to the North Carolina Coastal Area Management Act (CAMA). In addition, this project requires approval in accordance with Section 404 and 401 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. This document serves both as a CAMA major development permit request and as an ACOE General Permit application for Section 404 and Section 10. NCDWQ General Water Quality Certification pursuant to Section 401 is also being requested as part of this submittal. Gallant's Channel Waterfront 3 April 2005 WED V MAI 0 2 cuul MAY 0 2 2005 Morehead City DC Ifflu Environmental Services,Inc. Included in this notebook are the NCDCM forms DCM-MP-1, DCM-MP-2, DCM-MP-3, and DCM- MP-4. Drawings depicting the proposed project are also included. Land disturbance activities encompassing greater than one acre require an Erosion and Sedimentation Control Plan (ESCP) as approved by NCDENR-Land Quality Section. M&N will be providing the ESCP and any Coastal Stormwater applications to the appropriate NCDENR representative. 2.0 PURPOSE AND NEED The purpose of the Gallant's Channel Waterfront Project, as proposed by the FOM, is to provide an exhibition area for the 2006 Tall Ships Exhibit scheduled to occur in Beaufort in July 2006. This exhibit visits different port cities throughout the United States, and it is a major accomplishment to be able to host this event in Beaufort. The Gallant's Channel Waterfront site will provide additional berthing areas for several ships. The site will also have a great lawn area for other festivities that will occur during the July 2006 event. The specific need is to be able to provide sufficient berth space for several of the tall ships and to provide additional open space for related festivities. This will involve the construction of an elevated boardwalk and breakwater system ir, the location of the existing, failed bulkhead. No permanent docking or mooring space will be provided. All berthing is temporary and will be accomplished via "side to" berthing. A water taxi dock will also be constructed to allow alternate modes of transportation to and from the site during the 2006 event. A gravel parking lot will be constructed to accommodate cars and buses. 2.1 ALTERNATIVES ANALYSIS ACOE guidance from 22 April 1986 requires that alternatives be practicable to the applicant and that the purpose and need for the project must be the applicant's purpose and need. This guidance also states that project purpose is to be viewed from the applicant's perspective rather than only from the broad, public perspective. The essential point of the ACOE policy guidance of 22 April 1986 is that under the Section 404 (b)(1) Guidelines, an alternative must be available to the applicant to be a practicable alternative. Pursuant to 40 CFR 230.10(a)(2) practicable alternatives are those alternatives that are "available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purpose." The preamble to the Guidelines states, "if an alleged alternative is unreasonably expensive to the applicant, the alternative is not practicable." Section 40 CFR 230.10 (a) of the Guidelines state that " no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant environmental consequences." Gallant's Channel Waterfront 4 April 2005 PMAY702 2005 r Em iron mental Sera ices,Inc. Morehead City CMowever, The FOM has investigated other options for hosting the 2006 Tall Ships Ex i ion. in light of the future plans for the project study area, it was decided to propose the necessary infrastructure on this site in preparation for the 2006 event as opposed to finding another site. Other sites that are close to Beaufort, and that already have some infrastructure in place, are unavailable to the FOM. The FOM feel that the currently proposed project site represents the best possible location for this project because the proposed waterfront infrastructure meshes perfectly with the ultimate plans for the site, which includes a recreated maritime village and other attractions associated with the existing NC Maritime Museum. 2.2 No Action Alternative A "No Action" alternative is here considered to be one that avoids all wetland and surface water impacts. A "No Action" decision for this project would result in negative impacts to FOM, the City of Beaufort, the Tall Ships Exhibition, and the general public. The "No Action" alternative is not capable of achieving the basic purpose and need of the proposed project and, therefore, is not a reasonable alternative. 3.0 ENVIRONMENTAL SETTING 3.1 Soils The Soil Survey of Carteret County, NC indicates that the project study area is mapped as containing one soil-mapping unit. This soil-mapping unit consists of Augusta loamy fine sand (Ag). This soil is nearly level and somewhat poorly drained. It is found on flats and in depressions on stream and low marine terraces near rivers, creeks, sounds, and bays (USDA 1978). The project study area also contains an area that has been used for dredge disposal. This area is located along the northwest boundary, east of SR 1170. 3.2 Water Resources The project study area is in the White Oak River basin is located in one USGS hydrologic unit; 03020106. A Best Usage Classification is assigned to tidal salt waters of the North Carolina based on the existing or contemplated best usage of various bodies of water. Town Creek, which forms Gallant's Channel, has been assigned a Best Usage Classification of SC from its source to the Newport River (NCDENR 2005). Class SC water bodies are salt-water bodies suitable for secondary recreation, fishing, and aquatic life including propagation and survival, and wildlife. Town Creek is not listed as an Outstanding Resource Water (ORW) or a High Quality Water (HQW). 3.3 Plant Communities Distribution and composition of plant communities throughout the study corridor reflect landscape- level variations in topography, soils, hydrology, and past and present land use practices. Scientific names are in accordance with Radford (1968) and other regional references. Gallant's Channel Waterfront 5 April 2005 F.nrimn[it enIaI Sc n ices.Inc. Four plant communities occur in the project study area: salt marsh, freshwater shrub-scrub wetlands, maritime shrub-scrub, and maintained/disturbed land. Morehead City LXAVI Salt marsh occurs along the shoreline and has become established in several small areas behind the old bulkhead. This community is dominated by Spartina altemiflora, S. patens, Borrichia frutescens, and Salicornia sp. There are also _. ._. several large expanses of undisturbed salt marsh y along the shoreline of the project study area that contain S. alterniflora and Juncus romerianus that will not be affected by this proposed project. These f larger areas of salt marsh are north and south of the proposed waterfront construction. �z Freshwater shrub-scrub wetlands are located T J landward of the mean high water line and are scattered throughout the project study area. Dominant vegetation within this community includes Salix nigra, Scirpus cyperinus, and Typha latifolia. These wetlands are identified on the wteland plat provide in Attachment A and portions of these wetlands have been identified as seasonal rookery habitat for the green-backed heron (Butorides striatus). Maritime shrub-scrub community consists of high ground uplands and is vegetated primarily with Myrica cerifera, Ilex vomitoria, Quercus spp. and Pinus spp. This community is located in the vicinity of the dredge disposal area. The mixed pine/hardwood forest is located on the opposite side of SR 1170 from the waterfront portion of the project study area. No work is currently proposed in this area. Dominant vegetation includes Pinus taeda, Magnolia grandiflora, Persea borbonia, Acer rubrum, Quercus laurifolia, Quercus virginiana, Ilex vomitoria, Myrica cerifera, and Smilax spp. Gallant's Channel Waterfront 6 April 2005 e., MAY 0 2 ?005 SerN ices,Inc. Environmental Morehead City DCM Maintained/disturbed land includes those areas that are routinely maintained or have been disturbed to a degree that they no longer maintain any significant plant communities. These areas include but are not limited to maintained rights-of-way, residential development, driveways, powerline - easements, utility easements, and commercial W;.. development. 3.4 Wildlife During the field investigation phase of this project, the Gallant's Channel Waterfront site was visually surveyed for signs of wildlife. Direct observations wildlife were documented, and expected population distributions were determined through observations of available habitat and review of supportive documentation found in Martof et al. (1980), Webster et al. (1985), Hamel (1992), and Palmer and Braswell (1995). Mammals expected to occur in and around the project study area include raccoon (Procyon lotor), marsh rabbit (Sylvilagus palustris) and white-tailed deer (Odocoileus virginanus). No terrestrial reptiles were observed within the project study area. Reptile species expected to occur in the project study area include, but are not limited to, black racer (Co/uber constrictor), eastern box turtle (Terrapene caroling), green anole (Anolis carolinensis), rough green snake (Opheodrys aestivus), ground skink (Scincella lateralis), and rat snake (Elaphe obsoleta). No terrestrial or aboreal amphibians were observed within the project study area. Terrestrial or aboreal amphibians expected to occur in and around the project study area include such species as southern leopard frog (Rana utricularia) and spring peeper (Pseudacris crucifer). Avian species observed within the project study area include great blue heron (Ardea herodias), osprey (Pandion haliaetus), snowy egret (Egretta thula), ring-billed gull (Larus delawarensis), and belted kingfisher (Ceryle alcyon). Other species expected to occur in and around the project study area include such species as mallard (Anas platyrhynchos), green-backed heron, great egret (Ardea alba), red-shouldered hawk (Buteo lineatus), blue jay (Cyanocitta cristata), American crow (Corvus brachyrhynchos), common yellowthroat (Geothlypis trichas), various warblers (Dendroica spp.), cormorant (Phalacrocorax auritus), anhinga (Anhinga anhinga), and herring gull (Larus argentatus). Information provided to ESI indicates that some of the onsite freshwater wetlands offer seasonal habitat The following reptile and amphibian species may to occur in the freshwater wetland portion of the project study area: green frog (Rana clamitans), bull frog (Rana catesbeiana), slider (Pseudemys Gallant's Channel Waterfront 7 April 2005 R9F zgwzp�, �6 MAY 0 2 2005 Environmental nn//�� �., etude Services,Inc. scripta), mud turtle (Kinosternon subrubrum), banded u� r snake fasc at8f brown water snake (Nerodia taxispilota), and cottonmouth (Agkistrodon piscivorus). The coastal marsh along the shoreline also provides habitat for numerous marine vertebrates and invertebrates. Species directly observed include fiddler crabs (Uca spp.), marsh crabs (Sesarma spp.), mud snails (llyanassa obsoleta), marsh periwinkles (Littorina irrorata), Eastern oyster (Crassostrea virginica), and Atlantic ribbed mussels (Geukensia demissa). 4.0 COASTAL AREA MANAGEMENT ACT NCDCM and the Coastal Resources Commission (CRC) oversee the Coastal Area Management Act (CAMA), which affords additional protection to certain areas located within any of the twenty (20) coastal counties. Activities that impact certain coastal wetlands that are under the jurisdiction of CAMA, also known as Areas of Environmental Concern (AEC), typically require CAMA approval as granted through the NCDCM. Pre-determined areas within the project study area will qualify as AECs because they meet one or more of the following criteria defining CAMA's AECs: 1) public trust waters; 2) estuarine waters; 3) coastal shorelines; and 4) coastal wetlands. Public trust waters are the coastal waters and submerged lands that every North Carolinian has the right to use. These areas often overlap with estuarine waters, but also include many "inland" fishing waters as defined by the North Carolina Marine Fisheries Commission. Estuarine waters are the state's oceans, sounds, tidal rivers and their tributaries, which stretch across coastal North Carolina and link to the other parts of the estuarine system: public trust areas, coastal wetlands and coastal shorelines. Coastal shorelines include all lands within 75 feet of the normal high water level of estuarine waters. Coastal wetlands include any marsh in the 20 coastal counties that regularly or occasionally flood by lunar or wind tides, and includes one or more of the ten-listed CAMA plant species (NCDCM 2002). 4.1 Areas of Environmental Concern Mark Hardeman of NCDCM established the current coastal marsh AEC jurisdiction line with ESI staff in December 2004. The AECs occurring onsite include the areas of coastal marsh along the shoreline and coastal shoreline, which consists of the land within 75 feet of the normal high water level. The current coastal marsh AEC jurisdiction line is indicated on the attached plan sheets. Public trust waters are waterward of the MHWL and are directly adjacent to the project study area. 4.2 Potential AEC Impacts Potential coastal wetland and public trust waters AEC impacts include minor disturbances from removing the old bulkhead and replacing it with a boardwalk and breakwater system. Minor Gallant's Channel Waterfront 8 April 2005 X Environmental Services,Inc. dredging will also occur in and adjacent to the existing boat basin. Potential AEC impacts include the following: • 1,015 linear ft. of boardwalk covering 11,500 feet' over coastal marsh and public trust waters (along old bulkhead line) • 2,095 yds3 of dredging (1,510 yds3 within basin and 585 yds3 outside of basin) • 109 ft' of shading impact to coastal marsh from access walkways leading to the boardwalk. Walkways will be a minimum of 3 ft. above the ground surface. • Temporary 200' x 10' water taxi dock • 1,268 yds3 of rip rap placed in the water as toe protection and for the sub tidal groin • 0.10 acre of impact resulting from excavation to a mud flat located within the northern peninsula, behind the failed bulkhead. This area is waterward of the MHWL and should be considered a public trust area. • 0.03-acre of disturbance to small fringes of coastal wetland that will be disturbed as a result of removing the old bulkhead around the southern peninsula. The following photographs are of the 0.10-acre mud flat/debris pile that is surrounded by the failed bulkhead on the northern peninsula. This area will be excavated and a sub tidal riprap groin will be constructed along with an elevated boardwalk. Approximately half of the area will become open water (i.e. public trust waters) as part of the existing boat basin once the old bulkhead and debris is removed and maintenance dredging has cleaned up the area. 4 i f' Gallant's Channel Waterfront 9 �I r More �;�� �.�.y ��., yi Environmental Services,Inc. ad city DC' These photographs show a portion of the 0.03-acre of e land disturbance that will result from removing the old bulkhead around the southern peninsula and replacing it with a sheet pile breakwater. Not all of the existing coastal marsh fringe will be affected by the new construction. Most of the marsh will remain undisturbed and will remain connected to open water via the breakwater system. - r 4.3 Essential Fish Habitat Essential Fish Habitat (EFH) is defined by the NMFS as "those waters and substrate necessary for fish spawning, breeding, feeding, or growth to maturity" (NMFS 1999). For the purpose of interpreting the definition of EFH: "Waters" include aquatic areas and their associated physical, chemical and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate; "substrate" includes sediment, hard bottom, structures underlying the waters, and associated biological communities; "necessary" means the habitat required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem; and "spawning, breeding, feeding, or growth to maturity" covers a species' full life cycle (NMFS 1999). An EFH Assessment is an analysis of the effects of a proposed action on EFH. Pursuant to 50 CFR 600.920 (g) mandatory contents include: a description of the proposed action, an analysis of the effects of that action on EFH, the Federal action agency's views on those effects, and proposed mitigation, if applicable. An adverse effect includes any impact that reduces the quality and/or quantity of EFH. Pursuant to 50 CFR 600.810, adverse effects may include direct (e.g., contamination or physical disruption), indirect (e.g., loss of prey, or reduction in a species' fecundity), site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions. Gallant's Channel Waterfront 10 April 2005 Environmental MAYn 7nnc Services,Inc. During agency review of the permit application for the proposed pc�,31er�t he ACOE makes the initial determination of whether or not a proposed project "may a v r y,affect"��H. This determination by the ACOE is submitted to the NMFS for their review and comment. NMFS will then determine if additional consultation is necessary regarding the proposed project or if they concur with ACOE's decision. 4.4 Potential EFH Impacts ESI does not anticipate any negative impacts to EFH as a result of this project. The dredging will consist of maintenance dredging within the boat basin to remove material that sloughs off during the bulkhead removal and to obtain the appropriate depths within the basin. The 585 cubic yards of dredging outside of the basin will occur in shallower areas that contain a sandy substrate. No submerged aquatic vegetation was found in these areas as a result of assessments conducted by ESI. Approximately 0.10 acre of mud flat that is littered with concrete debris and is behind the failed bulkhead (prior photos) will be disturbed as a result of constructing the sub tidal groin in the location of the northern peninsula. Approximately 0.03 acre of coastal marsh fringe will be disturbed as a result of sloughing that may occur during removal of the failed bulkhead around the southern peninsula. The remaining coastal marsh that has become established behind the failed bulkhead will remain undisturbed. Effects of the dredging will be mitigated through the stringent use of turbidity curtains and other Best Management Practices (BMPs). 4.5 Habitat Improvement The submerged riprap groin that will be constructed in the location of the northern peninsula will provide beneficial sub tidal habitat for juvenile fish and invertebrates. It will also provide substrate for the attachment of beneficial sessile marine species such as tunicates, bryozoans, limpets, barnacles, oysters, and mussels. The riprap used to stabilize the toe of the existing portions of the old bulkhead that will remain and also the new structures will also provide beneficial intertidal habitat for marine species. The proposed project will involve the construction of breakwaters that will have slits located at pre- determined intervals in order to allow the normal ebb and flow of the tides to continue to reach the remaining areas of coastal marsh that have become established behind the failed bulkhead. Approximately 0.21 acre of coastal marsh creation is proposed along the shoreline. The area will be graded down to match the elevation of the adjacent coastal marsh. The elevation of the proposed creation area currently ranges between +3.4 — 3.6 ft. MSL. The area will be graded down to an elevation of approximately +2.0 ft. MSL. This is slightly lower than the areas MHW elevation of +2.08 ft. MSL. Refer to Grading Typical Section B-B on Sheet X-4. The area will be allowed to revegetate naturally, however, some minor supplemental planting may be performed. Gallant's Channel Waterfront 11 April 2005 7 MAY 0 2 2005 Environmental ScrN ices,Inc. Morehead City r`'M The created marsh will provide new habitat for sessile and benthic invertebrates' aS'well as for wading birds and juvenile fish. It will also provide an education opportunity for the FOM and the NC Maritime Museum. 4.6 Previous Habitat Enhancement Projects The FOM were issued a previous NCDCM Permit for Experimental Shoreline Stabilization Structures on 5 April 2001 (Permit No. 39-01). This permit allowed for the construction of several riprap sills that help restore eroding coastal marsh shoreline and also improve intertidal habitat for marine species that are dependent on hard substrate. In January 2005, this permit was extended until 31 December 2006. Conservation easements granted to the State of North Carolina were established behind these riprap sills. �"� 'j" t 5.0 JURISDICTIONAL ISSUES 5.1 Wetlands and Surface Waters The ACOE and the Environmental Protection Agency (EPA)jointly define wetlands as: "Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." According to the 1987 ACOE Wetland Delineation Manual (DOA 1987), areas must exhibit three distinct characteristics to be considered jurisdictional wetlands.. 1) display a prevalence of hydrophytic (water tolerant) plants, 2) area dominated by hydric soils, and 3) possess sufficient wetland hydrology. Vegetation, soils, and hydrology data were collected during the field surveys in order to determine whether the three criteria were satisfied within each potential wetland area. Dredge and fill activities in "waters of the United States" must be authorized by the ACOE pursuant to Section 404 of the Clean Water Act (CWA). Waters considered navigable by the ACOE are also subject to permitting of obstructions to navigation under Section 10 of the Rivers and Harbors Act. Activities authorized by the ACOE are subject to further requirements of Section Gallant's Channel Waterfront 12 April 2005 Environmental Services,Inc. 401 of the CWA. In North Carolina, the NCDWQ administers the Section 401 Water Quality Certification process. NCDCM also must issue authorization for any impacts to any AEC's under the jurisdiction of CAMA. 5.2 Jurisdictional Wetland Determination Section 404 wetlands as regulated by the ACOE are present on the site and have been delineated and surveyed during a previous site investigation. The ACOE has verified the wetland delineated and revalidated the wetland survey on 5/18/2004. A copy of the validated wetland survey and jurisdictional determination is included in Attachment A. The project study area contains approximately 6.4 acres of Section 404 wetlands pursuant to the validated wetland plat. Approximately 0.74 acres of this total consists of coastal marsh. The CAMA coastal marsh jurisdiction line has also been established onsite by ESI biologist Jeff Harbour and confirmed by NCDCM representative Mark Hardeman. 5.3 Project Impacts The impacts associated with this project are outlined below. No impacts are proposed to any of the Section 404 wetlands landward of the MHWL. The AEC impacts are as follows: • 1,015 linear ft. of boardwalk covering 11,500 feet2 over coastal marsh and public trust waters (along old bulkhead line) • 2,095 yds3 of dredging (1,510 yds3 within basin and 585 yds3 outside of basin) • 109 ft2 of shading impact to coastal marsh from access walkways leading to the boardwalk. Walkways will be a minimum of 3 ft. above the ground surface. • Temporary 200' x 10' water taxi dock 1,268 yds3 of rip rap placed in the water as toe protection and for the sub tidal groin • 0.10 acre of impact resulting from excavation to a mud flat located within the northern peninsula, behind the failed bulkhead. This area is waterward of the MHWL. ....„_ • 0.03-acre of disturbance to small fringes of coastal wetland that will be disturbed as a result of removing the old bulkhead around the southern peninsula. MAY 3 1 2005 5.4 Avoidance and Minimization lftrp�ead " ®CM Complete avoidance is not possible nor is it practicable for a project such as this. This project is water-dependant and some effects to the shoreline are unavoidable. The FOM and the project Gallant's Channel Waterfront 13 April 2005 Environmental Scn ices,Inc. engineer have gone through several revisions to avoid and minimize environmental impacts in the project study area. The original plan proposed to replace the existing bulkhead with a new bulkhead. This would have caused a minimum of 0.5 acre of impact to the emergent coastal marsh that has become established behind the failed bulkhead. This plan was abandoned in favor of the current plan, which utilizes breakwaters that will allow a continued connection of the emergent marsh with Gallant's Channel. 6.0 GENERAL CONSTRUCTION INFORMATION The backlands will require demolition of the existing buildings, building foundations, slabs, and other infrastructure located within the construction limits. These items will be removed and the site will be graded as indicated on the construction drawings. As the grading is completed, the site will be sodded and or seeded and mulched as indicated on the drawings. The majority of the site is graded to maintain the existing stormwater flow paths indicated. A new gravel parking area is proposed in the middle of the site and is graded to direct runoff into an existing swale. The swale has sediment basins and rock check dams constructed in it to provide treatment of any runoff. The swale will be sodded. A small seat wall will be constructed to separate the great lawn area from the wetlands adjacent Gallant's Channel. The existing waterfront will be developed by cutting off portions of the existing sheet pile at grade, removing sections of sheet piling and the associated backfill and installing new steel sheet pile breakwaters and bulkheads (bulkheads are installed in upland areas only) as indicated on the drawings. New piles will be installed both in front of the existing sheet pile. Concrete caps will be formed on the piles and newly installed sheet pile breakwaters and bulkheads to support new concrete boardwalks. The concrete boardwalks and handrails will be installed and the toe of the existing and new sheet pile and sheet pile breakwaters will be protected with rip-rap as indicated. 6.1 Stormwater Management The proposed stormwater collection system consists of a 30-foot grassed buffer strip, which will sheet flow into a new wide grass-lined swale. Two silt basins along the centerline of the swale are also proposed. A rock check dam is located at the terminus of the proposed ditch to filter the water prior to releasing it into an existing vegetated swale that meanders approximately 375 feet before out falling into Gallants Channel. Additional rock check dams can be installed if they are deemed necessary. Based upon the preliminary calculations, the maximum water depth in the swale will be 6 inches for a 2-year storm event. MAY 1 Moreheu—u � wry, U �',Jj Gallant's Channel Waterfront 14 "2M WT" E nvironmental MAY a 2 gnn� tier,;ces,Inc. 7.0 THREATENED AND ENDANGERED SPECIES Morehead City DCM 7.1 Federal Listed Species Species with the federal classifications of Endangered (E), Threatened (T) or officially Proposed (P) for such designation are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The USFWS lists fourteen species with the federal designation of E or T as having ranges that are considered to extend into Carteret County based upon the most recent list dated January 29, 2003 (USFWS 2003). Table 1 lists these species. Table 1. Federally Protected Species Listed for Carteret County, North Carolina. Common Name Scientific Name Federal Biological 2 Status Conclusion Shortnose sturgeon Acipenserbrevirostrum E NLAA American alligator Alligator mississippiensis T S/A NE Loggerhead sea turtle Caretta caretta T NLAA Green sea turtle Chelonia mydas T NLAA Piping plover Charadrius melodus T NE Leatherback sea turtle Dermochelys coriacea T NLAA Hawksbill turtle Ertmochelys imbricate E NLAA Kemp's ridley sea turtle Lepidochelys kempii E NLAA Red-cockaded Picoides borealis E NE woodpecker Roseate tern Sterna dougallii E NE Eastern cougar Puma concolor couguar T NE Manatee Trichechus manatus E NLAA Rough-leaved Lysimachia asperulaefolia E NE loosestrife Seabeach amaranth Amaranthus pumilus T NE Endangered (E) - any native or once-native species in danger of extinction throughout all or a significant portion of its range. Threatened (T) — any native or once-native species, which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Threatened due to Similarity of Appearance (T S/A) — a species which is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered and are not subject to Section 7 consultation. 2 NLAA-Not Likely to Adversely Affect; NE-No Effect 7.2 Evaluation Methodology Habitat evaluations were conducted within the project study area by ESI. Field evaluations were conducted to specifically address the proposed Gallant's Channel Waterfront revitalization with regards to federally endangered and threatened species habitat. The primary goal of the Gallant's Channel Waterfront 15 April 2005 '!!Y005 Environmental Sersices,Inc. protected species habitat characterization was to defefrhhdk 'rfie r pdfentnaa ly suitable habitat for federally protected species exists within the project study area and to determine if species-specific surveys would be necessary. Records kept by the NHP were reviewed prior to the field investigation to identify known occurrences of listed species. Potentially suitable habitat for listed species was identified using topographic mapping, county soils survey mapping, wetland mapping, aerial photography, and ground truthing. ESI biologists determined that suitable habitat was present for the following species: shortnose sturgeon, loggerhead sea turtle, green sea turtle, leatherback sea turtle, hawksbill turtle, Kemp's ridley sea turtle, and manatee. The suitable habitat for these species consists of the open water directly adjacent to the project study area. No suitable habitat for the following species is located in the project study area: American alligator, piping plover, red-cockaded woodpecker, roseate tern, Eastern cougar, rough-leaved loosestrife, and seabeach amaranth. Species whose habitat is present are described below. Shortnose surgeon — The shortnose sturgeon is a bottom-feeding fish that reaches lengths of 3 to 4 feet in length. Shortnose sturgeon is distinguished from Atlantic sturgeon (Acipenser oxyrinchus) by smaller size and a shorter and blunter snout. Shortnose sturgeon occurs in Atlantic seaboard rivers from the St. Johns River, Florida to eastern Canada. The sturgeon is anadromous in the Southeast, spending most of the year in brackish estuarine environments and moving into freshwater only when spawning (NMFS 1998). In North Carolina waters, shortnose sturgeons migrate upstream to spawn between January and March (NMFS 1998). Spawning habitat appears to consist of river channels with depths of 4 to 34 feet with substrates ranging from rubble/boulder to gravel/sand/log (NMFS 1998). Larvae are found in the deepest water of the channel and migrate downstream during their first year (NMFS 1998). Juveniles are found in deeper portions of the lower reaches of rivers near the freshwater/saltwater boundary (NMFS 1998). In late spring through early winter adult shortnose sturgeon are typically found in estuaries and lower sections of large rivers although some adults reportedly move into the Atlantic as well. NHP records indicate that this species was last observed in this area along the southern coast of Carteret County prior to 1980. Potential habitat for the shortnose sturgeon may include the open water of Gallant's Channel. BMPs and the use of turbidity curtains will insure that the project will not have a detrimental effect on this species. Biological Conclusion: Not Likely to Adversely Affect Gallant's Channel Waterfront 16 April 2005 MAY 0 2 200` Environmental tiervices,Inc. Sea turtles — Five marine sea turtles are listed for tt963wounties affected by this project, the loggerhead sea turtle, green sea turtle, leatherback sea turtle, hawksbill sea turtle, and the Kemp's ridely sea turtle. Loggerhead sea turtles average 31 to 47 inches in length and weigh from 170 to 500 pounds (Martof et al. 1980). The green sea turtle reaches a length of 30 to 60 inches and weight of 220 to 650 pounds, and has a smooth, heart-shaped shell (Martof et al. 1980). Leatherback sea turtles average 46 to 70 inches in length, weigh from 650 to 1,500 pounds, and have a large shell of leathery skin covering small irregular bones. (Martof et al. 1980). Hawksbill sea turtles average 29.5 to 36 inches in length and weigh 80 to 280 pounds. The head has a narrow snout with smooth cutting edges on the jaws (Martof et al. 1980). The Kemp's ridley sea turtle averages 23 to 30 inches and weighs from 79 to 110 pounds. The shell of the Kemp's ridley is as broad as it is long; this is the most endangered of all turtles. All of these sea turtle species are omnivorous to some degree (Martof et al. 1980, Palmer and Braswell 1995). The loggerhead sea turtle is the most common sea turtle on the coast of the North Carolina and is most numerous from late April to October. Sporadic nesting records exist for North Carolina beaches (Martof et al. 1980). Nesting habitat is not present at the project site; however, the open water of Gallant's Channel may provide potential habitat should this species travel into the inlets or bays of the area. These marine reptiles utilize barrier beaches for nesting, and occasionally feed in estuarine waters. NHP records have documented occurrences of loggerhead sea turtles within 3.0 miles of the project study area as recently as 2000.BMPs and the use of turbidity curtains will insure that the project will not have a detrimental effect on this species. Biological Conclusion: Not Likely to Adversely Affect Manatee - The manatee is a large gray or brown aquatic mammal. Adults reach 10 to 13 feet in length and weights up to 1,100 pounds (Webster et al. 1985). Manatees are herbivorous and feed on aquatic vegetation. Manatees may be encountered in North Carolina waters during the warmer summer months; however, they are considered transients and are much more common in Georgia and Florida waters. Manatees prefer warm waters, but have been found in water temperatures as low as 590 Fahrenheit (Webster et al. 1985). Manatees inhabit both salt and fresh water bodies typically with depths of 5 to 20 feet. They may be encountered in canals, rivers, estuarine habitats, saltwater bays, and in near-shore waters. Gallant's Channel provides potential habitat for the manatee. NHP documents that a manatee was observed near Morehead City on 1999. BMPs and the use of turbidity curtains will insure that the project will not have a detrimental effect on this species. The applicant may wish to educate the public about the possibility of encountering manatees during warm summer months. Signage may provide a means to educate the users of this facility. Biological Conclusion: Not Likely to Adversely Affect Gallant's Channel Waterfront 17 April 2005 air , k M[VI j�` oo� F.nsironmcnlal Services,Inc. Suitable habitat for the remaining seven federal protect89 species is not presnti he project study area and it can be concluded that the project will have No Effect on the American alligator, piping plover, red-cockaded woodpecker, Eastern cougar, roseate tern, seabeach amaranth, and rough leaved loosestrife. 8.0 CULTURAL RESOURCES Pursuant to Section 106, the FOM have consulted with the State Historic Preservation Office (SHPO) with regard to the project site. A letter dated 28 September 2004 was received from SHPO indicating that the current onsite buildings can be removed following a detailed photo- documentation process. The results were to be submitted to SHPO for inclusion in the recordation plan. A copy of this letter is included in Attachment B. SHPO did not document any other cultural resource issues onsite. 9.0 CONCLUSION The FOM wish to revitalize the former Fish Meal Company site as an expansion of the NC Maritime Museum. The first phase of this project is to construct the necessary infrastructure for the upcoming 2006 Tall Ships Exhibition to be hosted by Beaufort in July 2006. This infrastructure includes a boardwalk system along the existing shoreline, a water taxi dock, and a breakwater system to protect the shoreline. An existing boat basin will be restored and section of failed bulkhead will be either removed completely or cut off at grade. A gravel parking lot and a great lawn area are also proposed as upland development on the project site. Considerable effort has been expended by the FOM, M&N, and ESI to develop a site plan that complies with what is acceptable to state and federal regulatory agencies. Several interagency meeting have been held to discuss this project. Many of the comments and suggestions received from the regulatory community have been incorporated into the plans presented herein. Gallant's Channel Waterfront 18 April 2005 (^ d ... Environmental Services,Inc. 10.0 LITERATURE CITtahead City DCM [DOA] Department of the Army-Waterways Experiment Station, 1987, Wetland Delineation Manual, Environmental Laboratory, Washington, Washington D.C. Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 PP. [NMFS] National Marine Fisheries Service. 1998. Final Recovery Plan for the Shortnose Sturgeon (Acipenser brevirostrum). Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, MD. 104 pp. [NMFS] National Marine Fisheries Service. 1999. Essential Fish Habitat Consultation Guidance. National Oceanic and Atmospheric Administration, Silver Spring, Maryland. [NCDENR] North Carolina Department of Environment and Natural Resources. 2003. North Carolina Waterbodies Listed By Subbasin. Internet Address: <www.h2o.enr.state.nc.us/bims/Reports.html> Accessed April 2005. [NCDCM] North Carolina Division of Coastal Management. 2002. CAMA Handbook for Development in Coastal North Carolina. Internet Address: dcm2.enr.state.nc.us/Handbook.handbook.htmI on March 11, 2002. Palmer, W.M. and A.L. Braswell. 1995. Reptiles of North Carolina. The University of North Carolina Press, Chapel Hill, NC. 412 pp. Radford, A. E., H. E. Ahles, and C. R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. pp. 1183. Gallant's Channel Waterfront 19 April 2005 pp E.nsir l onmenta MAY a G I(lll� Services,Inc. [USDA] United States Department of Agriculture. 1978.,��yrvey-oft p"(a��ounty, North Carolina. United States Department of Agriculture-Soil Conservation Service. 155 PP. [USFWS] U.S. Fish and Wildlife Service. 2003. Updated County Species List. U.S. Fish and Wildlife Service, Asheville, NC. 55 pp. Webster, W.D., J.F. Parnell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC. 255 pp. Gallant's Channel Waterfront 20 April 2005 Emironmental Services,fire. Morehead City DCM ATTACHMENT A Gallant's Channel Waterfront 21 April 2005 Environmental Services,Inc. LO ATTACHMENT Bp9F WED MAY 0 2 2005 Morehead City DCM Gallant's Channel Waterfront 22 April 2005 I DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Friends of the NC Maritime Museum County: Carteret LOCATION OF PROJECT: Adjacent to Gallants Channel on SR 1170 (W. Beaufort Road),Beaufort,NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 05/31/05 / FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Mark Hardeman DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: / B) DATE APPLICATION RECEIVED IN RALEIGH: O-7 /1(145 FEE REC'D: $ PUBLIC NOTICE REC'D: 071171,95 ✓ END OF NOTICE DATE: OS`�0 7Z0,5~ ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: tNQa✓ ON: V/S��u� C) 75 DAY DEADLINE: Q��/��s 150 DAY DEADLINE: /D1ZAIX-S MAIL OUT DATE: 0 71/$1D$ STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative `6/117/. Coastal Management-LUP Consistency <6� I( ':>5 Division of Community Assistance Land Quality Section Quality I Q ty �' ��aS �l I os Division of Water pc - v M e4 1;0 � Storm Water Management(DWQ) State Property Office 7 Division of Archives&History Division of Environmental Health �2 / Division of Highways t WV Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries �' � Submerged Lands(DMF) Al0 UZZ Permit # DCM Coordinator MAILING �DISTRIBUTI ION: �/J 3 � _r Permite • , 1`;43 11 *j-- 1- MCI'+ (►�„�tnM C�t! IJ � rilC�� , lY& Agent: ZgS I DCM Field Offices: FlizabeddQity City gton Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington• Dave T' C T) enry Wick thers: CUltura esources: Renee Gledhill- rl Environmental Health: Terry Pierc Marine Fisheries: Mike Stre ✓ NCDOT: Ken Pace✓ Shellfish Sanitation: Patty Fowle� State Property Office: Joseph Henderso Water Quality: Cyndi Karoly for non-DOT) o ennessy(NCDOT Wildlife Resources: Maria Tripp U Bennett Wynne David Cox(NCDOT) \ Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at T Agent at J a� DCM Field Offices: Qar� 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) CAAIA Major Permit Process Manual Paue 70 of 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO September 22, 2008 Regulatory Division F1 WED � rY Action ID No. 200501022 and State Permit No. 133-05 SEP 2 3 2008 Morehead City DCM State of North Carolina 4601 Mail Service Center Raleigh NC 27699-4601 Dear Sir or Madam: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to transfer Department of the Army(DA)permit issued to Brent Creelman of Friends of the NC Maritime Museum on September 13, 2005 to the State of North Carolina. This permit authorized maintenance dredging and the construction of a boardwalk, breakwater,water taxi dock, submerged groin, great lawn and gravel parking lot at a 28.18 acre parcel located on West Beaufort Road, adjacent to Gallents Channel, southwest of Michael J. Smith Airport in Beaufort, Carteret County,North Carolina. The permit was modified on March 27, 2006 to install a 6' x 20' extension of the existing walkway, and a 10' x 390' gravel driveway on high ground. The current modification consists of the addition of tie pilings to create one additional boat slip. The proposal continues to be consistent with the.provisions and objectives of general permit No. 198000291. The permit is hereby transferred. It is understood that all other conditions of your permit remain applicable and will expire December 31, 2010. (copy enclosed) If you have any questions or comments you may call me at (910) 251-4634. Sincerely, i0i Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure - 2 - Copies Furnished(without enclosure): Friends of the NC Maritime Museum c/o Brent Creelman 315 Front Street Beaufort,North Carolina 28516 Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy.,Rm. 7316 Silver Spring, MD 20910-3282 Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,NC 28557-3421 Ms. Tere Barrett,District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 13,2005 Regulatory Division Action ID No. 200501022 and State Permit No. 183-05 6 2005 L �►��4 ,',j4T,y�� City �� �x Friends of the NC Maritime Museum C/o Brent Creelman 315 Front Street Beaufort,North Carolina 28516 Dear Mr. Creelman: Reference your application for a Department of the Army permit to perform maintenance dredging and construct a boardwalk,breakwater,water-taxi dock, submerged groin,great lawn and gravel parking lot at a 28.18 acre parcel located on West Beaufort Road, adjacent to Gallents Channel, southwest of Michael J. Smith Airport, in Beaufort, Carteret County,North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Therefore,you may commence construction activity in strict accordance with applicable State authorization and the approved plan(enclosed). Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason,plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Enclosure Copies Furnished(without enclosure): Mr. John Dorney Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh,North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section-Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS,Habitat Conservation Division / 219 Fort Johnson Road Mr. Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Ms.. Tere Barrett,District Manager and Natural Resources Morehead City Regional Office 400 Commerce Avenue North Carolina Division of Coastal Morehead City,North Carolina 28557 Management 400 Commerce Avenue Morehead City,North Carolina 28557 2 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 2, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Friends of the NC Maritime Museum C/o Mr. Brent Creelman 315 Front Street Beaufort, NC 28516 This correspondence is in reference to the request submitted by your agent, Mr. Charles Bissette, dated September 01, 2005, and received September 01, 2005. In this letter, Mr. Bissette requests the modification to condition#8 of State Permit#133-05, which was issued to the Friends of the NC Maritime Museum on 8/24/05. State Permit#133-05 was issued to the Friends of the NC Maritime Museum for the development of various shoreline stabilization structures, excavation, and docks for the purpose of a 2006 exhibition and future museum events and activities. The development addressed under the present request lies within the property confines of State Permit#133-05. The current request is to modify condition#8 of the permit, which states: 8) The breakwater shall be constructed with 1-inch gaps between breakwater sheets to allow for water to flow behind the wall. This permit does not authorize any backfilling of the permitted breakwater structures without permit modification. Mr. Bissette has requested that this condition be changed to allow for gaps equal to 2.25" per 25" of sheeting. The reason for the change is that the sheetpile to be used is steel, 25" in width, and treated to prevent corrosion. If gaps are to be cut and the sheets maintain their structural integrity, the breached edges will have to be re-treated, and a gap of 1" will not allow for sufficient room to properly treat the sheetpile. It is my determination that the intent of the permit condition, to allow for equal and dissipated circulation through the structure, will be accomplished by the submitted and chosen method. Therefore, please consider this Letter of Refinement as a change to condition#8, and authorization to commence the development as requested in your September 01, 2005 letter. Please note that all original conditions of the permit still apply unless specifically altered by this letter or another authorization. Additionally,all work authorized under this Letter of Refinement must be accomplished in accordance with the request dated September 01, 2005 from Mr. Charles Bissette. I appreciate your efforts to comply with the permit requirements of the Division and if you have any questions, please do not hesitate to contact me at 252-808-2808. Sincerely, Tere Barrett District Manager, DCM MHC cc: Ted Tyndall, Assistant Director, DCM Doug Huggett-Major Permits Coordinator, DCM w/ attachments Mark Hardeman-Field Representative, DCM Henry Wicker-USACE Wilmington District Charles Bissette-TD Eure 400 Commerce Avenue, 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 DEPARTMENT OF THE ARMY AUG 2 9 2005 WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Morehead City IN REPLY REFER TO August 24, 2005 DCM Regulatory Division Action ID No. 200501022 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 Friends of the M !Al for a Department of the Army permit to perform maintenance dredging and construct a boardwalk,breakwater,water-taxi dock, submerged groin, great lawn and gravel parking lot at a 28.18 acre parcel located on West Beaufoil Road, adjacent to Gallents Channel, southwest of Michael J. Smith Airport, in Beaufort, 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- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. 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. 6. 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. 7. 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. 8. 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. 9. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 10. 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. 11. 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. 12. Excavation will not exceed 12 feet below the elevation of mean low water. In no case shall excavation exceed the depth of connecting waters. 2 13. 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. 14. 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. 15. 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. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. 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). 18. 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. 19. 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. 20. 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. 3 21. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in New Hanover 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, F Henry Wicker Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 4 Mr. Wesley Crum, Chief Coastal Section 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington,North Carolina 28401-4895 5 August 22, 2005 Regulatory Division Action ID No. 200501022 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 Friends of the Museum for a Department of the Army permit to perform maintenance dredging and construct a boardwalk,breakwater, water-taxi dock, submerged groin, great lawn and gravel parking lot at a 28.18 acre parcel located on West Beaufort Road, adjacent to Gallents Channel, southwest of Michael J. Smith Airport, in Beaufort, 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- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. 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. 6. 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. 7. 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. 8. 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. 9. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 10. 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. 11. 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. 2 12. Excavation will not exceed 12 feet below the elevation of mean low water. In no case shall excavation exceed the depth of connecting waters. 13. 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. 14. 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. 15. 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. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. 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). 18. 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. 19. 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. 3 20. 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. 21. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species,has been reported in the waters in New Hanover 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 Copies Furnished(without enclosure): Ms. Cyndi Karoly Mr. Wesley Crum, Chief Division of Water Quality Coastal Section North Carolina Department of Environment 61 Forsyth Street, SW and Natural Resources Atlanta, Georgia 30303 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tere Barrett,District Manager Morehead City Regional Office Mr. Pete Benjamin North Carolina Division of Coastal U.S. Fish and Wildlife Service Management Fish and Wildlife Enhancement 400 Commerce Avenue Post Office Box 33726 Morehead City, North Carolina 28557 Raleigh, North Carolina 27636-3726 Commanding Officer Mr. Ron Sechler U.S. Coast Guard Marine Safety Office National Marine Fisheries Service 721 Medical Center Drive, Suite 100 Habitat Conservation Service Wilmington, North Carolina 28401-4895 Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 5 �� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett FROM: Mark Hardeman i1; THROUGH: Tere Barrett ►b SUBJECT: COMMENTS & RECOMMENDATIONS—CAMA MAJOR PERMIT- Friends of the NC Maritime Museum, Shoreline Restoration DATE: August 17, 2005 The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for 12,940sf of open water to be dredged, 432' of steel sheet pile breakwater, a 150' sub tidal rip-rap groin, 1,268cy of rip-rap toe protection for the breakwaters and boardwalks, 136' of steel bulkhead landward of the wetlands, 1015' of pile supported boardwalk, and a 10' x 200' temporary floating dock for use during the Tall Ships event. The project has been designed to be consistent with the use standards in 15A NCAC 07H .0208. There would be a small loss of Coastal Marsh (0.1 acre) for construction of the bulkhead. I believe there to be an overriding public benefit to make up for this small marsh loss. Therefore, I recommend the project be authorized as proposed, contingent upon the following conditions: 1 The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 2 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). 3 All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters, 4 The spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 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 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 alignment will follow the submitted plans dated May 31, 2005. 7 The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 8 All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 9 The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The breakwater shall have at least one, five foot opening at every 100 feet. The breakwater sections may be staggered and overlap as long as the five foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 10 No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. 11 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. 12 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. 13 This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 14 In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 15 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. NOTE: It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the United States liable for any such damage. 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 August 16, 2005 Friends of the NC Maritime Museum 315 Front Street Beaufort, NC 28516 Dear Sir or Madam: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to revitalize an existing 28 acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, rip rap, breakwaters, parking area, a Great Lawn, and temporary docking for both the Tall Ships and a water taxi in Carteret County adjacent to Town Creek on SR 1170 in Beaufort, 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 October 28, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, Dou uggett A Major Permits & Consistency Coordinator cc: DCM, Morehead City 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net �MENT OF r United States Department of the Interior o�PP "F�yA D r, n , 1��'.� 0 FISH AND WILDLIFE SERVICE Raleigh Field Office , Mq �: Post Office Box 33726 AUG 2 9 '005 qCH 3 Raleigh,North Carolina 27636-3726 August 11, 2005 Morehead Cay DOM 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 #200501022, Friends of the NC Maritime Museum, 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 July 20, 2005. The applicant, the Friends of the NC Maritime Museum,have applied for a Department of the Army(DA)permit for various activities on a 28.2-acre tract adjacent to Gallants Channel near Beaufort. 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 Activities and Anticipated Impacts The PN contains a copy of the CAMA permit application and an"Environmental Investigation for Gallants Channel Waterfront Development,"prepared by Environmental Services, Inc. and Moffatt and Nichols. These documents give the various activities proposed and the associated environmental impacts. The Environmental Investigation(EI) is dated April 2005. Various shoreline stabilization measures are proposed. Portions of the old bulkhead would be removed and replaced with a sheet pile breakwater Excavation behind a portion of the old bulkhead would impact 0.10 of an acres of mudflat waterward of the mean high water line (MHWL). Section 4.5 states that the constructed breakwaters will have slits in order to allow the normal ebb and flow of the tides to reach the remaining areas of coastal marsh that have become established behind the old bulkhead. 2 Along a portion of sheet pile bulkhead, a pile-support boardwalk(1,015 feet)would be constructed. This boardwalk would cover 11,500 square feet(ft) of coastal marsh and public trust waters. Access walkways to the boardwalk would cover log ft2 of coastal marsh. The EI states that the walkway would be a minimum of three feet above the ground surface. Riprap would be used to create toe protection and a submerged riprap groin. These structures would use 1,268 cubic yards (yd3) of material and would be no wider than ten feet. Some dredging would be performed. Maintenance dredging in the existing boat basin and outside the basin would remove 1,510 yd3 and 585 yd3, respectively. A temporary, water taxi dock(200 feet by 10 feet) would be placed in the boat basin. No freshwater, or 404-type, wetlands would be impacted. An interesting aspect of the project is the creation of approximately 0.21 of an acre of coastal marsh. This area would be graded down to two feet above mean sea level. This elevation is slightly below the MHWL which is given as +2.08 feet. Federally Protected Species Section 7 of the EI considers federally protected species known to occur in Carteret County. The list has 14 species including the American alligator(Alligator mississippiensis) which is listed due to similarity of appearance (S/A) with the American crocodile (Crocodylus acutus)which only occur in southern Florida. The shortnose sturgeon (Acipenser brevirostrum) and five species of sea turtles, when in the water, are under the jurisdiction of the National Marine Fisheries Service (NMFS). That agency will evaluate potential impacts of the project on sea turtles in the water. There is no sea turtle nesting habitat(under the jurisdiction of the Service) in the project area. 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 located in the Beaufort quad. The occurrence data of special status species within this quad can be obtained on the internet at the"Database Search" heading of< http://www.ncnhp.org/Pages/heritagedata.html >. Our review indicates that the West Indian manatee (Trichechus manatus) is the only federally listed species under our jurisdiction that is likely to occur in the project area. This federally- endangered mammal is known to occur in Carteret County and the NCNHP database has a current record for the species in the Beaufort quad. The shallow, estuarine waters of the lower Newport River and Gallants Channel 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 be found in water one to two meters (3.3 - 6.6 feet) deep. The species moves extensively when in North Carolina waters and past 3 occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. Existing water depths appear to be sufficient for manatee use and the proposed dredging may pose a risk to manatees. To protect manatees in North Carolina, 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 or injury of a manatee. These guidelines are available on our web site at<htlp://nc- es.fws.gov/mammal/manatee guidelines.ndfl. 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. The Corps' requirements pursuant to section 7 of the ESA would be fulfilled. However, the Corps must reconsider its obligations under section 7 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 which 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 CAMA permit application states that there is no submerged aquatic vegetation(SAV) in the area to be dredged. The type of material to be excavated includes mud, sand, and concrete debris. The Service is pleased that no SAV would be impacted. The Service seeks to ensure that structures built over wetlands are not harmful to vegetation. The EI (Section 4.2) states that walkways would be built a minimum of three feet above the ground surface. However, detailed drawings of Section C-C and the type `B"boardwalk show the "top of the dock" at six feet above MSL. The Service requests that the Coordinated Federal Position (CFP) stipulate that all structures over coastal wetlands be at an elevation that is adequate to support the existing vegetation. This is consistent with Special Condition i of Wilmington District's Regional General Permit 197800056 for piers and docks (effective date March 16, 2005) which requires docks and piers extending over wetlands to be sufficiently elevated(a minimum of three feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. The specified minimum elevation (three feet) should not be.assumed to provide the necessary sunlight to the vegetation beneath the proposed walkways. We also recommend that the Coordinated Federal Position (CFP) request that the project permit prohibit the placement of any pipeline in vegetated wetlands and that the project have procedures 4 for detecting and repairing accidental spills as well as plans for removing any spoil accidentally spilled into vegetated wetlands. With prudent measures to protect manatees and due consideration of the other basic conservation measures mentioned above,the Service does not oppose the issuance of a DA permit for the work described in the permit application and EI. We appreciate 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. Sincerely, lJ - 2��' Pete Benjamin Ecological Services Supervisor cc: Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA Ron Sechler,NOAA Fisheries, Beaufort,NC Maria Tripp,NC Wildlife Resources Commission, Washington,NC Ms. Tere Barrett,NC Division of Coastal Management, Morehead City,NC John Dorney,NC Division of Water Quality, Raleigh,NC O� WA7F9 Michael F. Easley, Governor " Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > r—1 Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 4, 2005 Friends of the NC Maritime Museum c/o Brent Creelman 315 Front Street Beaufort,NC 28516 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Gallants Channel Waterfront DWQ Project#010798 Version 2 Carteret County Dear Mr. Creelman: You have our approval, in accordance with the attached conditions(WQC #3400)to conduct the following activity located on your property(Approximately 28.18 acres)located off West Beaufort Road (SR 1170)near Gallants Channel and Town Creek in Beaufort, in Carteret County. This approval allows you to: 1. Dredge a 50' X 150' (7500sf)area within the boat basin to a depth of-12' NLW'. 2. Dredge a 16' X 40' (640sf) area to the southeast on the project site to a depth of-7'NWL. 3. Dredge a 120' X 40' (4800sf)area to the southwest on the project site to a depth of-12' NWL. 4. Construct 432' steel pile breakwater around the southeastern peninsula. 5. Construct a subtidal rip rap groin 150' long. . 6. Place 1,268 cubic yards of rip rap for the toe protection of the breakwaters and boardwalks (impacting 10,150 sf of bottom habitat). 7. Construct 0.21 acres (9,270sf)of coastal marsh behind the boardwalk to the southeast. 8. Construct a 136' of sheet pile bulkhead landward of the wetlands and coastal lines. 9. 335' of old bulkhead will be cut off at grade and an elevated pile supported structure will be constructed waterward of the old bulkhead. 10. Construct 1,015 linear feet of pile supported boardwalk along the shoreline. 11. 870' of existing sheet pile bulkhead to be cut off at grade after installation of new structures. 12. Construct a 200' X 10' floating dock for temporary use during the tall ships event. 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)Wilmington regional Office (WiRO)on July 18, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity.This Certification can also be found on line at: http://h2o.enr.state.ne.us/ncwetlands/certs.html. 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. N. C.Division of Water Quality 127 Cardinal Drive Extension (910)796-7215 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910)350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper NorthCarolina Naturally Page Two Friends of the NC Maritime Museum c/o Brent Creelman DWQ Project#010798 August 4,2005 Please be aware that 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 below and on the following page: 1. No waste, spoil, solids,or fill of any kind shall occur in wetlands,waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice 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. 2. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened. 3. Deed notifications shall be placed on all remaining wetlands. These mechanisms shall be in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit(whichever is later). Please send DWQ a copy of the recorded deed notifications(an example can be found on the above mentioned website). 4. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC,27699-1650. 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#010798 Version 2 under Section 401 of the Clean Water Act. If you have any questions,please telephone Joanne Steenhuis or Ed Beck at 910-796- 7215. Sinc ly, _ JHIS IS NOT 7���% �.L >an . Klimek ., . � A PERMIT 4 Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: 401 Oversight/Express Review Permitting Unit—Cyndi Karoly DCM Morehead—Doug Huggett Corps of Engineers Wilmington Field Office—Henry Wicker WiRO DCM Morehead—Mark Hardeman Environmental Services,Inc. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan Will, DCM Morehead City District Planner Date: August 1, 2005 Subject: Major Permit Application, Requested by Friends of the NC Maritime Museum to construct a boardwalk, rip rap,breakwater,temporary water-taxi dock, great lawn, and gravel parking lot at property located off SR 1170 (West Beaufort Rd) adjacent to Gallants Channel, in the Town of Beaufort, Carteret County, North Carolina. LUP Consistency Determination: The proposal is Consistent With &Not in Conflict with the 1996 Town of Beaufort Land Use Plan certified by the CRC on September 26, 1997,provided that all applicable local, state, and federal development guidelines are met. Overview: Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Shoreline, Estuarine Waters, Coastal Wetlands, and Public Trust Area. The Waters at the project site are classified as SC and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Town of Beaufort's Land Classification Map designates the subject property AECs as "Conservation". Development within the designated AEC is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Beaufort supports the use standards for estuarine and public trust areas as specified in 15A NCAC.0207."(Section IV Marine Resource Areas Policy(a),pg. IV-12) "Residential, commercial, and industrial development should be allowed in coastal wetlands which is consistent with 15A NCAC 7H and the policies contained in this plan." (Section IV Residential, Commercial, and Industrial Development on Resources Policy(a), pg. IV-11) Cc: Tere Barrett, Morehead City District Manager 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 40 v orehead Uly D611A ® North Carolina Wildlife Resources Commission KJ 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: August 1,2005 SUBJECT: CAMA Dredge/Fill Permit Application for Friends of the NC Maritime Museum, Carteret County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located adjacent Gallants Channel on SR 1170(W. Beaufort Road)in Beaufort,NC. 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 revitalize an existing developed 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition.This includes the construction of a new 1015' boardwalk over coastal marsh and public trust waters,432'of steel sheet pile breakwaters, bulkheaded and ripraped shoreline, a 150' by 50' area of maintenance dredging within an existing boat basin, a 10' by 200'temporary water taxi dock, 240 space gravel parking lot, grading and revegetation of a"Great Lawn"area, 0.21 acres of marsh creation, a concrete seat wall, and a vegetated swale stormwater treatment area. Existing structures associated with the former"Old Fish Meal Plant"will be removed prior to construction. Town Creek is classified SC by the Environmental Management Commission. NCWRC does not object to the project as proposed. We appreciate efforts to protect remaining onsite wetlands by placing those areas within a conservation easement as indicated on Sheet 5 of 9 in the site plans. To increase the opportunity for success with the 0.21 acre wetland creation site, we request ' the applicant plant the graded area with species growing in the adjacent coastal marsh rather than waiting for the area to revegetate naturally. 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: Steenhuis, J.—NC Division of Water Quality 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 a�sAAit RECR" y a� AUG 0 5 2005 DIV.OF C0ASTA'-V-'J"LAmb1 i STATE OF NORTH CAROLINA RALEIGH DEPARTMENT OF T ANSPORTAnON MICHAEL F.EASLEY DIVISION OF HIGHWAYS LYNDO TIPPErf GovERNoR July 26, 2005 S$CUTAaY Mr. Doug Huggett, Major Permits Processing Coordinator North Carolina Department of Environment and Natural Resources Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 28699-1638 Subject: CAMA Application—Revitalization of an existing 28-acre parcel in preparation for the 2006 Tall Ships Exhibition by removing old structures and adding new boardwalks, rip rap, breakwaters, parking areas and landscape the lawn, in the town of Beaufort 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 and should have minimal 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 John Rouse, P.E., Division Maintenance Engineer David Livingston, 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 �0F IN PEA' Michael F. Easley, Governor O G William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources o Alan W. Klimek, P.E. Director Division of Water Quality July 20, 2005 OC w4-�j r Mr. Brent Creelman, Executive Director 444/ Friends of the Museum, NC Maritime Museum, Inc. �U� NC?00TO 8, 315 Front Street 2 5 C Beaufort, North Carolina 28516 S Subject: Permit No. SW8 050521 Gallants Channel Waterfront Low Density Stormwater Project Carteret County Dear Mr. Creelman: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Gallants Channel Waterfront on July 20, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 050521 dated July 20, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Gary Beecher or me at(910) 796-7215. Sincere y, Edward Beck Regional Supervisor ��— Surface Water Protection Section EB/ghb: S:\WQS\STORMWAT\PERMIT\050521.July05 blll-� —11� cc: Mike Winters(Moffat&Nichol Engineering) JUL 2 8 N05 Carteret County Inspections Gary Beecher(DWQ) MorehlAy IDCM Division of Coastal Management(Morehead City Office) Central Files Wilmineton Reeional Office North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Service 1-877-623-6748 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: h2o.enr.state.nc.us NortllCaro/l/ina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper �atur'all y STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Brent Creelman, Executive director Friends of the Museum, NC Maritime Museum, Inc. Gallants Channel Waterfront Carteret County FOR THE construction, operation and maintenance of a low density development in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. This permit covers the construction of 134,581 square feet of built-upon area. 2. The overall tract built-upon area percentage for the project must be maintained at 30%, as required by Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 2 N State Stormwater Management Systems Permit No. SW8 050521 6. Unless specified elsewhere,permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 7. Roof drains must terminate at least 30' from the Mean High Water line. II. SCHEDULE OF COMPLIANCE 1. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 2. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. 3. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 4. Prior to the sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050521, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. Lots within CAMA's Area of Environmental Concern may the permitted maximum built-upon area reduced due to CAMA jurisdiction within the AEC. g. Construction of additional built-upon area in excess of 134,581 square feet will require a permit modification. h. Construction of additional impervious areas such that low density requirements are no longer met must be submitted to DWQ and a permit modification must be issued prior to construction. An engineered system will be required to collect and treat the runoff from all built-upon area associated with the project, including that area permitted under the low density option. 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management �wcAuA; ,., Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary RECEIVED July 14, 2005 JUL 1 8 2005 BY: MEMORANDUM: TO: Linda Lewis J Noel Lutheran Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. S'V f G-r7,,— i s s co ed REPLY: �_ This agency has no objection to the project as proposed. '7-Zv-2cv5 This agency has no comment on the proposed project. 5w;�F 05050 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 J �� DATE r7— 26 "ZWS 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 Al RCDE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director WNdit&?2*AptStN0"MT Unit Head July 14, 2005 E�+r•Operators Roadside Deuei. EC F &Vey. t. ield MEMORANDUM: JUL 25 2005 TO: Ken Pace tg NC DOT, State Construction/Materials Branch S&W Engineednj Rest Area Vegetation Mgt. FROM: Doug Huggett Beautetioatior Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005. 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 are requested. REPLY: V This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ��, DATE Z 6 45 J 2 6 2005 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director . William-0. Ross Jr.,Secretary July 14, 2005 ' JUl_ MEMORANDUM: TO: Renee Gledhill-Early NC Department of Cultural Resources FROM: Doug Huggett 4 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret Count3a Adj. Gallants Channel on SR 1170(W.Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. RECEIVES _X_ This office approves of the project onlyy,, if the recommended are incorporated. See attached.�- CLAA C>9 q 1 Z,af 6q K This office objects to the project for reasons described in the attached comments. SIGNED L '�Aa -U I DATE R CAS_ 400 Commerce Avenue, Morehead City, North Carolina 28557 JUL 2 1 2005 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 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 Gl 0 William G. Ross Jr.,Secretary - � \ D� July 14, 2005 C' [BY: ECEIVED JUL 1 8 2005 MEMORANDUM: J TO: Linda Lewis Noel Lutheran Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W.Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. qol wA-3 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 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 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 July 14, 2005 MEMORANDUM: � . Jilt s TO: Maria Tripp ,� i�t. w o, NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W.Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. REPLY: This office has no objection to the project as proposed. V/ This office has no comment on the proposed project. 1.dbtnk. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED— DATE 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 14, 2005 MEMORANDUM: TO: Mike Street For Mr. Preston P. Pate, Jr., Director 'L. Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005. 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 are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �wv <I 04A) J_ DATE 2,9116) 400 Commerce Avenue, 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary July 14, 2005 MEMORANDUM: 4-p TO: Maureen Meehan, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. REPLY: This office has no objection to the project as proposed det t4_A ke k) This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED 7B" DATE 0// DE? 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 Al� Y NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 14, 2005 MEMORANDUM: TO: Mr. Dan Sams For Mr. James J, Division of Land Resources FROM: Doug Huggett JUL 2 8 2005 .� Major Permits Processing Coordinator Morehead City DCM SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170 (W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005. 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 are requested. 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 f incorporated. See attached. ��oS.o-.. E Scd,r�- Cc..�r� � ��e... a P�J� cnf�e+- 4� Q��JfeVal i S w[ccSS,a..., � r"`.'r �ie►cc'�; This agency objects to the project for reasons described in the attached comments. V w SIGNED DATE J 0Ly Z/P ZOOS 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 Emplover—50%Recycled 110%Post Consumer Paoer T*A�_ Aia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 14, 2005 MEMORANDUM: 10,TNT- c�z TO: Joe Henderson State Property Office JUL 2 8 2005 FROM: Doug Huggett Major Permits Processing Coordinator M0�0�!! ! C �� � ►ti.r�t� SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwal -rap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. REPLY: ✓ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED '� ___LATE 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 r AlANA.±L 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., Secrgrary July 14, 2005 MEMORANDUM: � n TO: Patti FowlerShellfish Sanitation I*�FROM: Doug Huggett H SANITATIO'V Major Permits Processing Coordinator —_ SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, rip-rap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. REPLY: This office has no objection to the project as proposed. / This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, 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 KIL ria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management � � Michael F. Easley, Governor Charles S. Jones, Director William G. Ross'k, Secreta} JUL 1 9 2005 July 14, 2005 Morehead Ga v-IV1 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Friends of the NC Maritime Museum Project Location: Carteret County: Adj. Gallants Channel on SR 1170(W. Beaufort Road),Beaufort,NC. Proposed Project: Applicant proposes to revitalize an existing 28-acre parcel of land in preparation for the 2006 Tall Ships Exhibition including demolition of old structures, a new boardwalk, riprap, breakwaters, parking area, and a Great Lawn. Temporary docking for both the Tall Ships and a water Taxi are proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 05,2005.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 are requested. REPLY: This agency has no objection to the project as proposed. L, /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/�%ice f� �_ DATE 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 ENVIRONMENTAL SERVICES, INC. 524 S.NEW HOPE ROAD RALEIGH,NORTH CAROLINA 27610 919-212-1760 • FAx 919-212-1707 s + www.esinc.cc iQ May 27, 2005 MAY 3 1 2005 Morehead City DCM Mr. Mark Hardeman NC Division of Coastal Management 400 Commerce Avenue Morehead City,NC 28557 Re: Gallants Channel Waterfront—Additional Information Carteret County,NC Mark: Environmental Services, Inc., (ESI) is submitting the enclosed information on behalf of Moffatt&Nichol (M&N) and the Friends of the NC Maritime Museum (FOM). This information is in response to our conversation on 23 May 2005 in which you asked for some minor revisions to the application forms and some clarification on the site plan. Pursuant to this conversation you will find enclosed the following: • Revised MP-2 form with all three dredging areas listed and the bulkhead listed • MP-4 with the correct boardwalk length of 1,015 feet • Pages i, 1,9,13 with the correct boardwalk length of 1,015 feet(replace current pages in your report with these new pages) • Page 14 with the description of the mitigation area removed(replace current page with this new page) • Color coded graphic • New Figure X6A showing the rip rap,bulkhead, and breakwater(use X6A in addition to your existing graphics package) This figure shows the shoreline stabilization structures minus the boardwalks for clarity purposes. I trust that these requested items will satisfy your initial review and that you will be able to consider the application complete. Please call me if you have any questions or comments. Thank you for your assistance on this project. Sincerely, ENVIRONM NTAL SERVICES, INC. ��. Jeff Harbour Senior Project Manager Attachments JACKSONVILLE • ST.AUGUSTINE • COCOA 0 JUPITER • DESTIN 0 SAVANNAH • ATLANTA 0 RALEIGH • CHARLOTTE T^' Jan 0`05 16 :09 No .005 P .03 P MAY 0 2 2005 Morehead City DDiV, North Carolina Doartment of Cultural Resources State Hlooric Preservation Office Pair ri 8tj;1bftL Ad-iniatrator Michael F.Laaley,Govomor _ Office of Archives and Ilistory Lisbah C.Evans,Secretary Division of Iiistorieat Resources Jeffrey J.Crow,Deputy Secretary David Brook,Director Septembex 28,2004 MEMORANDUM To: David Nateman, Director NC Maritime Museum From: Peter B. Sandbeck Re: Fishmeal plant and houses on Gallants-Charmel property, Beaufort, Carteret Count, GSO4-2475 Dr. Crow ask that I respond to your September 16, 2004,email to him concerning the fishmeal plant and two houses located on the Maritime Museum's Gallants Channel property. Although the fishmeal plant is not listed in the Notional Register of Historic Places, it is our understanding that it is one of only two remaining fishmeal plants>n Beaufort. Given the historical significance of these plants to the development of the area;we recommend that the building be documented in accordance with the enclosed Historic Structures Recordation Plan. We will be happy to provide our photographer to take and process the slides and black and white photogaphs,if you will supply the remaining items of the recordation plan. Once the recordation is complete,we will file the materials in the statewide survey of historic buildings so that there is a permanent record of what remains of the-plant. Following upon the recordation, the museum may undertake whatever activities it deems necessary at tht site,including do rnolition of the plant and two houses. These comments are made in accord with G.S. 121-12(a) and Executive Order XVi, If you have questions regarding them,please contact Renee Gledhill.Earley,environmental review coordinator, at 919/733-4763. In aU future communication concerning this project,-pleage cite the above-referenced tracking number. Enclosure _ cc: Jeffrey). Crow - Beaufort HPC Location rdAJ11Wj Addrds 'releppoadFax ADMINISTRATION 507 N.Blount Street,Ralelth NC 4417 Mall Serviee Center,Raleigh NC 2 769 9-46 1 7 (919)733-4763033.8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail SeNiot Center,Raleigh NC 77699-4617 (919)733.6$47/7154801 SVRVRV A PLANNING 515 N.Blount Street,Ralalgfi,NC 4617 Map Servioa Conw,Raleigh NC 276994617 (919)731-6545/7154801 TF Jan f':05 16 :09 No .005 P .04 Historic 9ttumts Recordation Plan For the Piel*cl nf-At Gallants Channel ow MAY 0 2 200� Beaufort,Csr4 County,North Carolina Historical information Morehead City DCM Provide a brief history of the 6shme2 plater,including ♦ Date founded/organized plus datt+s abandoned/closed ♦ Names and information about ftse itivoifved In the founding/running of the plant ♦ Construction dates of plant ♦ Sketch site plan keyed to photogophs Tested-below Photographic Requirements Selected photographic views of the fiehrneal plant buildings,including ♦ Overall views of the buildings(el"tiA"md oblique views) ♦ Interior views of main areas (that.are safe to enter) ♦ Overall views of the project area, the relationship of the buildings to adjacent: buildings and its setting Photographic Format ♦ Color. slides (all views) ♦ 35 mtm or larger black and white aegatives (all views) ♦ Two (2) Black and white contact sheeta�&U views) ♦ AU processing to be done to archival standards ♦ All photographs and negatives to be labeled with name of property, county, photographer and date taken Copies and Curation One (1) set of all photographic documentation will be deposited with the North Carolina Division of Archives'Rnd ldistory/State Historic Preservation Office to be made a permanent part of the statewide survey and iconographic collection. Environmental Services,Inc. MAY 0 ) 200- ATTACHMENT C Morehead City DCm Gallant's Channel Waterfront 23 April 2005 • ` , t A. Ilk r+.•C 1' n' Ai;4 41. Tr .s + F f � _ _ Project Boundary +1♦ 1 . coastal - (delineated Dec004 "1 ••1 0 200 'ff Feet Scale: I inch equals 400 feet. Source:Color Infrared Images, Beaufort Quadrangle,1993. qb Color Infrared Photog ` • �rAroject: ER04115 ProjectEnvironmental • Services, Inc. Craven County, North Carolina Y . • as fa r ou U.S. ARMY CORPS OF ENGIN Wilmington District N1AY 0 2 2005 Qua s County Caaciet Action Id.200 194593- - �-,E � f-Jur ist�ict"011":l ��'�' � � t-.,�,ti � ,)ti,ic ati0❑ �- Property owner: „ �rcR 1170 Telephone Number:asn�- carPrl t theP tP waterbody, Highway �e/nunnber, town, etc.): Size and Location of Property ( - 1 suggest should be delineated and surveyed.The Indicate which of the following apply: which we strongy will make a final jurisdictional detemvnation on There are We and lines ds on must be verified by odescribed ur st above a f before the Corp surveyed oelyur wetlands cannot your property. our property and our present workload, our identification and delineation of y Because of the sizore ti e of y P P you may wish to employ a consultant to lineation Of the staff w'1 ain a mevie wtnt and,if t is accurate' be accomplished in a timely manner. flagged a wetland line on the property,CO the Corps.The Corps will not make a in our consultant has have t approval by wetlands. Once y you have the line surveyed for final we strongly recommend that Y °� without an approved survey• t anon on y Property ��;� �ete,,,,;n� in" jurisdictional determin1z�,ed�,lat,��-- X ess�lnete� .. (-bange jailie-law-DI-o' tKill - q� cn_rh�rl—"e PAP` '�I°l subject to the permit requirements of Section property which are published regulations, this There are no wetlands present,on the above describedthere a change . the law or Our p 404 of the Clean Water Act (33 USC 1344). ears from the date of this notification. determination may be relied upon for a period not to exceed three y X ;r re ,ia?remenrs permit Mana ro ert without a Department el of the s�ot required Placement of dredged or fill material in wetlands Cl an p P y questions regarding the violation of Section 301 of the Clean Water Act If you have any qp is in most cases a 251.4811. for work on the property restricted entirelyplease contact n at 910) Engineers regulatory program,p Corps of Eng er Signature - ent Signature Project Manag Property owner/Authorized Ag Expiration Date Date CESAw Form 566 1 OCT92 ti Development Type FEE DCM% DWQ% (14300 1601435100093 1625 6253) (24300 1602 435100095 2341) I. Private,non-commercial development that does not involve S250 100%($250) 0%(SO) the filling or excavation of any wetlands or open water areas: v II. Public or commercial development that does not involve the filling or $400 100°/i(5400) 0%($O) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applies: III(A). For Private,noncommercial development,If General water Quality S250 100%(S250) 0%(SO) Certification No.3301(see attached) can be applied: III(B): For public or commercial development,if General water Quality S400 100%(S400) 040(50) 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 S4C0 60%(S240) 40%(S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: II(D). If General Water Quality Certification No.3.301 (see at 5400 _ 60%(5240) 40"0(5160) ar�tctbe aPplie(p —_ ( IV. For development that involves I ;he filling and/or excavation of more 60%(5285) 409e(5190) :han one acre of wetlands and/or open water areas: COMPLETE • ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X i Agent ■ Print your name and address on the reverse C�`�-�C �S'�Addressee so that we can return the card to you. B R eiv by Pri ) C. to of Delivery ■ Attach this card to the back of the mailpiece, / �� / or on the front if space permits. v D. Is delivery address different#om item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No W 3. Service Type `3�E� ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Numbe 7004 2510 0006 1861 5444 (transfer from. PS Form 3811, February 2004 Domestic Return Receipt 1025954)2-M-1540 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature 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.Recev by(Printed Name) C. D �of D liver ■ Attach this card to the back of the mailpiece, o 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 3. Service Type ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise.. T'��`'� �(/l• ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 70014 0 0 4 2 510(Transfer from service lu.._., 0006 1861 7257 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W154 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones,Director William G. Ross Jr., Secretary Legal Advertisement Section Re: Public Notice - Friends of the N.C. Maritime Museum To Whom It May Concern: Please publish the attached Notice in the July 17, 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, --P � /7//-, Mark Hardeman Coastal Management Representative mah Enclosure cc: Doug Huggett, Major Permits Coordinator Tere Barrett, District Manager 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 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on May, 31, 2005. According to said application, Friends of the N.C. Maritime Museum has applied to renovate a waterfront tract with new breakwaters, boardwalks, bulkheads, and parking at the old Fish Meal Plant off SR 1170 in Beaufort within Coastal Wetland, Estuarine Shoreline, and Public Trust Water Areas of Environmental Concern in Gallants Channel on Town Creek, 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 400 Commerce Avenue, 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 August 7, 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: July 17, 2005 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 Aei�—'�AWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones,Director William G. Ross Jr., Secretary July 14, 2005 Friends of the N.C. Maritime Museum C/O Environmental Services, Inc. /Jeff Harbour 524 S. New Hope Rd. Raleigh, North Carolina 28557 Dear Mr. Harbour: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1170, Beaufort. It was received on May 31, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 15, 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 May 31, 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 400 Commerce Avenue, 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 r wl �moo I MIA CAMA ERMIT APPLIED FOR PROJECT: A RIZNZ�5 W Z4 e Al., �'' ^Wll ,WO V,091Tk AT,-r-,e •t'DhIJ'"" -�iyGl cJ �.Clq 1301924����5 . /� icJ ers� ,De^dl•' &A/ COMMENTS ACCEPTED THROUGH APPLICANT: �vyvt FOR MORE DETAILS CONTACT �J� 11.�' TH LOCAL PE MIT OFFICER BELOW: ,�i��d S o �! �9i�TG � of 10MIZ 215 1/40 �eh'In't ercc dye . t$?- 731-'7 - 8ag-.2yar Pe'/25/2005 16:57 12527282100 FOM PAGE 02 MAY d 2005 PREPARED BY: C. R_ Wheatly, Jr. , Attorney, Beaufort; 'NC 26516 7 Y41 1196 37Y' NORTH CAROLINA PARCEL # 7 (yrl 11 j 1 `!1 c) CARTERET COUNTY THIS DEED made this —3a day of . 1997, b ' and between Richard Hunter Chadwick of Carteret County, Nortl Carolina, and Morrie J, oppenheim of Rumeon, New Jersey, Trusteex under the will of Evelyn Chadwick Smith; Sterling Chadwick Heller � $ s • M and her husband, Joseph Heller, of 600 Quintana Roo, Seabrook, Texas; Martin Bruce Chadwick and wife, ,Elsie B. Chadwick, of Edina, w Minn; Richard Hunter Chadwick, Jr. and wife, Brenda Chadwick, of Carteret County, North Carolina, parties of the first, part; and Friends of The Museum, N. C. Maritime Museum, Inc. , a corporation k r a duly organized and existing by virtue of the laws of the State of North Carolina, with its principal office and place of business in Beaufort, Carteret County, North Carolina, party of the second Q part; WITNF.BSETH: That said parties of the first .part do, in consideration of the gum of One Hundred and oo/100 ($1.00.00) Dollars and other valuable consideration in hand paid to parties of the first part by party of the second part, the receipt of which is hereby acknowledged, parties of the first part do given grant, bargain, sell and Canvey, in fee simple, to party bf the second part, ,its M successors and assigns, the following deacra.bed tract or parcel of land. SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN. PAGE.e BOOK- � - 04/25/2005 16:57 12527282108 FOM PAGE 03 r; STATE OF NORTH CAROL-INA MAY 0 2 2005 cacnurY of cAFCTFRET Morehead A�ores`ai , Ca.�- ' its/ ®(' ! I' Uh Notary public of the County and State certi y that R c ard Hunter Chadwick, Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. tnees my hand and notarial seal this ix�day of 1997. TA p. Yx=,y ', NOTARY f 1W r ..; ,Expires: '1OF NEW JERSEY COUNTY OF r-- h� k(� I' �.... `' Notary public of the County and State a aresa d, cart y that Mbrrin J. Oppenheim, Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. ,Aj-Jlwitness my hand and notarial seal this 244V Yday of 1997. '•' 44 la Y PUBLIC My Commission Expires: �4�Mw�r.Nr.1►l�eCY� BOOK.., � PAO 04/25/2005 16:57 12527282108 FOM PAGE 04 t` MAY 0 2 2005 TO HAVE x IVIo����a�, Cif AND TO HOLD to the said parties of the second Y ®C } #ee simple t Part, in ogether with and including all aPPurtenancae and hereditaments thereto, Anti said parties of the first part do covenant with partiea of the second part that they are seized of 2ttet s s rope t zzn hs�ve the right to Canvey same in fee wimple. / l S� ar1 Clear f and defend the title to the said pros rt a` exstant p y against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF', the said parties of the first part have hereunto net their hands and seals, the day and year first above written. c�Rn IfiJNTE CHADWICK� TRUSTEE (SEAL) Mo S `�' D M, TRUSTEE $�tLTNQ CHADWICK LER (SEAL) J EPH ELL R (SEAL) MAKTIN BR U R. C (SQL) SCK i EL IE a. CHADWI (SEAL) RICHARp HUNTER CHADWICK, J -(SEAL) 4 i BRENDA CNADWICK (SFAL) 04/25/2005 16:57 12527202108 FOM PAGE 05 ' MAY 0 2 2005 ' -STATE of TExAs Morehead City DDM COUNTY OF and State aforeea , Notary Public of the County husband, Joseph cent Y tat Sterling Chadwick Heller and acknowledged theHdue eexecution of the foregoi g inetxument .earOd before me this day and Witness my hand and notarial seal this ( � 1 day of 997. NOTARY PUBLIC My Commission Expires: 0-1000 - T}1ERF�A iMwowa�, . �q'A10r.rMN ' STATE OF MINNESOTA � �1M Lv- COUNTY O he Notlic of and State aforee� Ce y t 'dt Martin Bruce pChadwi k t ndCwife, Elsie B_ Chadwick � rt personally appeared before me this day acknowledged the due execution of the foregoing instrument. and W tness my hand and notarial seal this 1997. day of NOT Y PUBLIC MY mmie�e�on Ex area • MMTREAL R MILLt11Mg NOTARY KWIC. SOTA il+a'"M'M�a1MN J1�t,!1.rea ■ n A r,r I/ �/II 04/25/2005 16:57 12527282108 FOM �31 i MAY 0 2 2005 . STATE OF NORTH CAROLINA Morehead City DCPO COUNTY OF CARTERET j I, 15 (.L/1UL," Notary Public of the County and State aforesaid, certify that Richard Hunter Chadwick, Jr. and wife, Brenda Chadwick, personally appeared before me this day and acknowledged the due execution of the Foregoing instrument. Wit De as my hand and notarial seal this ay of 1997. 'Q !► A' NO ARY PUBLIC Mp C iss on Expires: NORTH CAROLINA CARTERET COUNTY nh ,Vh for a n ti ate(s o s a e certified to a corr ct. T s in wa ented for regia on and recorded in thia Office in Book Page 03 T the / of 1997, at Q ; r o'c ock M. SHARON PINER REGISTER OF DEEDS BY: Deputy ua �'> c7M a C- rn of BOOK PAG 04/25/2005 16:57 12527282108 FOM 21 MAY 0 2 2005 Morehead City D MIBIT A CM !` Lying and being in the Town of Beaufort, Carteret county, North Carolina, and reference point of beginning being that point where the centerline of Went Beaufort Road (State Road 1170) and Turner Street intersect, and running thence with the centerline of West Beaufort Road North 76-30-24 West 1, 033 .29 feet to a point, thence North 71-36 West 59.15 feet to THE POINT OF BEGINNING; thence from said beginning South 26-48-29 Wiest 80.54 feet to a paint in the northern boundary of Town Creek Marina; thence North 72-41-51 West 224 .14 feet to a point; thence South 18-48-12 West 234.59 feet to a point in the highwater mark of Town Creek, thence with the highwater mark of Town creek the following courses and distances: North 67-27-15 West 25.22 feet; North 39-47-55 Wept 274 .33 feet; North 34-19-20 Wept 103.98 feet; North 59-35-08 Nest 76. 74 feet; North 89--19-42 West 77. 68 feet; North 23-42-05 East 78.78 feet; North 56-31-34 East 59.90 feet; North 33-28-41 West 36.42 feet; South 56-31-19 West 135.91 fact; North 76-50-16 West 135. 76 feed North 28-38-25 West 198. 17 feet; North 71-16--49 West 26.44 feet; South 52-15-53 West 102. 10 feet; North 24-55-40 West 99.80 feet; North 63-26-46 East 101. 13 feet; North 63-02-05 East 98 ,12 feet North 25-51-41 West 59.81 feet; South 63-25-29 West 168.66 feet; North 31-29-36 West 43 .79 feet; North 58-30-24 Rant 167. 98 feet; North 24-52-11 West 84 . 16 feetF North 12 07-57 West 95. 14 feet; North 51-42-22 West 127 .27 feet; North 30-14-00 nest 47.38 feet; North 29-48-54 East 35.88 feet; thence leaving the highwater mark and running with the eastern boundary line of Aqua 10 Corporation North 37-13-13 East 522 feet to a point in the lands of Bierman, and running thence with the boundary of the Bierman Tract the following courses and distances: South 20-53-47 East 66.28 feet; North 16-54-18 East 33,79 feet; North 50-10-13 Eant 116,3 feet; North 33-07-47 West 20 feet; North 62-10-47 West 58. 99 feet; North 87-29-47 West 64. 96 feet to a point; thence leaving the Bierman boundaries North 37-13-13 East 49. 14 feet to a point; thence South 64-12-04 East 562 .85 feet to a point; thence South 73-34-29 East 330.25 feet to a point; thence South 35-1.5-25 East 519. 07 feet to a point; thence South 26-y48-29 Went 454 .14 feet to a point; thence North 27-11-51 West 65. 8 feet to a point; thence South 51--01-09 f West 25 feet to a point; thence South 59-05-09 Weet 25 feet to a II point; thence South 33-05-51 West 92.3 feet to a point] thence + South 26-48-29 West 231.8 feet to a point; thence North 32-50-51 Went. 84 .32 feet; South 57-09-09 West 50 feet; thence South 32-50-51 East 113.6 feet to a point; thence South 26-48--29 Wept 81.77 feet to the point of beginning. { There in excepted ,from the above described land the following tracts of lands Tract I : Beginning at a point, said point being identified as being North 00-53 West 371.77 feet from National geodetic Marker #3, dated 1973, running thence from said point North 26-30 meet 5o feet to a point; thence from said point North 63-30 East 125 feet to a point; thence from maid point South 26-30 Eant 50 feet to a point; thence PAGE +^> 7, 04/25/2005 16:57 12527282108 FOM LC PAGE 0 1 .. MAY 0 2 2005 _ Morehead City DCM 2 from said point South 63-30 West 125 feet to the point of beginning, said tract being designated as being Number 60 Townshipon map s y the Sea Bird Fish and oyater Company, BeaufortHassell and Larry C. Pittman, July 18, 1974. as prepared by J. G. Tract 11: identified as being the Beg and distances inning at a point, said point being Beg from National Geodetic Survey inning courses Marker #3, 1973; running thence from said marker North 00- West fe 371 .77 feet; thence from said point North 26-30 West 200 teat to the said point of beginning; thence from point continuing North 26- 3o West 150 feet to a points thence from said point point th 26t3063-30 East 125 feet to a point; thence from said p i 15o feet to a point; thence from said point South 63--30 Weat 125 feet to the point of beginning, said lot being those areas designated 55, 56 and 57 as s on p a entitled ell"heand SonLar Bird Fish and Oyster Company" , prepared by d Pittman, July 18, 1974 . Tract III : Beginning at a point, said point being designated as being a i concrete monument in the northern right-of-way of State Road 1170, said point being North 7-21 East 610.82 feet from the .National Geodetic Survey Marker Number 3, 1973; running thence from said i point of beginning North 25-58 West with the northern right-of-way of State Road 1170 133 feet to a concrete monuments thence from i said point North 63-09 East, 155.25 feet to a point in the center of a ditch; thence from said paint south 19-36 East 132 .91 feet to a point; thence from said point south 62-41 West 140 feet to the point of beginning. The above lands being those identical premises described in that Certificate of Title issued to Richard H. Chadwick and Morris J. oppenheim, Executors under the will of Evelyn Chadwick_ Smith, bearing registered number 79-4-B, of record in Book 5-A, Page 123, and the lands described in that Certificate of Title d to Executors under the Richard H. Chadwick and Morrie J. Oppenheim, will of Evelyn Chadwick smith, bearing registered number 91-1, being of record in Hook 5-A, Page 158• Both Certificates of Title have been released from NCGS Chapter 43, as said chapter relates to l the form of conveyance . I Also see deed from Richard Hunter Chadwick and Morris J. 4ppenheim, Executors under the will, of Evelyn Chadwick Smith to Richard Hunter Chadwick and Morris J. oppeaheim, Trustees under the will of Rvelyn Chadwick Smith, for a one-half (1/2) undivided interest and sterling Chadwick Heller, Martin Bruce Chadwick, and Richard Hunter Chadwi record Book 693 one-half Page 35(7,/ id deed of Carteret County Registry. recoz A ROOK _s'1 u_. PAGE.-Lh,