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HomeMy WebLinkAbout133-05 TX 05/2008 State of North Carolina � ro�o-o-ooao•oo-wo-r;no-o+.000-,a.o-Ha+,-rw.-s.o-ao--�oaac•Ntoo-o-s �..;�rmow.ado-}o-o-o-c.o.on.=--}o-r:+o-ao-c¢a-Jo-aa-:n+i-:o-o-oaa-:-::-r x Permit Class Permit Number } TRANSFER 133-05 STATE OF NORTH CAROLINA f Department of Environment and Natural Resources and Coastal Resources Commission lit r COPY for X Major Development in an Area of Environm pursuant to NCGS I I3A-118 s X Excavation and/or filling pursuant to NCGS 113-22OUN 2 3 2008 Issued to State of North Carolina, 4601 Mail Service Center,Raleigh,NC 2709 t it_� 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-11.4/29/05 (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 May 23, 2008 , 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 t 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 Department personnel when the project is inspected for compliance. (/ <` J, e H. Gregson, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees ',� �✓��� that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee pNtin MV-0}-0b-0Yr}4iWY1•?0}r,.4"-04}.}p0•Piµp04.T6:Q9iK'40Ov{M�iJ{.pp.ptiO^CMSCW '�Y.�i4YYY�6Y}rr:O4QtW+X'.�i�M4P ]Yf.40K�i�:-0QC State of North Carolina 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. 'XsY�4vW' -0-0}'.pp.:.nq-y.:.; `<t+Y}O�i}Oi�+l0+t:`C:JOC.O+N.�'Yi40904}4 Ya0-0'6ti^:W+}O�.�Nti.W�}.70•04Aa`}O+Ya}0} ,`.p.�.r}y.}'i4Y:C�+}Ot-0�:�.ti41}L��TM4Th4i0/r}r�wH}Cv}'0''+i4}? � S J State of North Carolina Permit# 133-05 t 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, marl, 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. �,fin.; .-o-r aarN w-�a�ao-cab.�• s.o-raw,.�o- State of North Carolina Permit# 133-05 ` Page 4 of 5 ADDITIONAL CONDITIONS Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension,Wilmington, NC 28405. 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. � ¢ State of North Carolina Permit# 133-05 Page 5 of 5 � ADDITIONAL CO1V'DITIONS Y 30 The N.C. Division of Water Quality has authorized the proposed project under General Water Quality � ) Q Y P P P J Y 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 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. Ar1-- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr., Secretary May 23, 2008 State of North Carolina 4601 Mail Service Center Raleigh NC 27699-4601 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "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 t 13A- 121.1 or l 13-229. 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. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, V.P.. �Ii• 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 Permit# aK a 5— DCM Coordinator: — MAILING DISTRIBUTION Permitee: Agent: DCM Field Offices: Elizanorehead Cit Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Scott Jones William Westcott (NC DOT) �— Bill Biddlecome(NC DOT) � Wilmmington ve Ti Dampy Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill (WARD) Marine Fisheries: Anne Deaton NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: June Michaux Water Oil C di Karoly John ennessy(NC DOT) Washington: Vivian Christy Wilmington: Ed Beck ,prdr�C Wildlife Resources: Maria Dunn(WARO) Molly Elwood(WIRO) LPO: Fax Distribution: Permitee# Agent#: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.BOX 1890 y _ WILMINGTON,NORTH CAROLINA28402-1890 p r' IN REPLY REFER TO March 27, 2006 i 'gyp. APR 3 - 2006 Regulatory Division Morehead laity Action ID No. 200501022 and State Permit No. 133-05 Friends of the NC Maritime Museum c/o Brent Creelman 315 Front Street Beaufort,North Carolina 28516 Dear Mr. Creelman: Please reference your request to modify your permit issued on September 13, 2005, which authorized maintenance dredging and 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 modification request consists of the installation of a 6' x 20' extension of the existing walkway, and a 10' x 390' gravel driveway on high ground. The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. If you have any questions or comments you may call me at (910) 251-4930. Sincerely, He Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm. 7316 Silver Spring, MD 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 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 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 March 6, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Friends of the NC Maritime Museum C/o Mr. Brent Creelman 315 Front Street Beaufort, NC 28516 Dear Mr. Creelman: This correspondence is in reference to your letter of February 28, 2006, whereby you requested to modify the development authorized under State Permit #133-05. The permit was originally issued to the Friends of the NC N'laritime Museum, adjacent to Gallant's Channel and Town Creek, located off of SR 1170 in Beaufort. Carteret County. The permit is set to expire on 12/31/05. The current request is for the installation of a 6' x 20' extension of the existing walkway, and a 10' x 390' gravel driveway on high ground. The proposed drive will include the installation of four (4) culverts to connect wetland areas on either side of the roadway. The proposal is depicted on plats dated 2/28/06- l agree with Mr. Davenport that the development proposed is consistent with the general and specific use standards found in 15A NCAC 07H .0208 and .0209. Please consider State Permit #133-05 refined by way of this letter to include the roadway, culverts, and walkway as requested and depicted on the plats dated 2/28/06. Note that this refinement must be attached to the original permit for Division inspection, and all other conditions of the original permit still apply. I appreciate your efforts to comply \� ith the permit requirements of the Division and if you have any questions, please do not hesit;itc to contact me at 252-808-2808. Sincerely, Tere Barrett cc: Ted Tyndall, Assistant Director, DC,\l District Manager, DCM MHC Doug Haggett - Major Permits Coordinator. DCM w/ attachments Ryan Davenport - Field Representati\-e. DCM Henry Wicker- USACE Wilmington l)i;trict. kv attachments 400 Commerce Avenue, Prlorehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: ww ta An Equal Opportunity I Affirmative Action E:m,oloyer-50%Recycled 10%Post Consumer umer,Pgement.net aper Permit Class Permit Number NEW 133-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission tX for X Major Development in an Area of Environmental Concern § pursuant to NCGS 11 3A-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 Authorizino, development in Carteret County at Gallants Channel and Town Creek, SR 1170. Beaufort as requested in the permittee's application dated 4/28/05 (MR-1),4/29/05 (W- jxY 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. J. 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 3 11' x 2' concrete 44seatwall", 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) X the b appealed by the permittee or e app Chairman Signed by the authority of the secretary of DENR and the of the Coastal Resources commission. (20) days of the issuing 4 ve- twenty I&N. r to work initiation or 0'r 0/ Z 20 n prior 0%&, '/o,- appealed twenty (2 n Prio 0 Oftl 0'/ V (�,q 01? 5,16, pie, alu a U, op 00 to Department a P, b�, 7?,q "Or 019, 1,041 For ary %�C� 6.,, 4/,q, 1% ce de#V, QcJ% 00 11461, 0,�b- 06!'9 ar es S. Jones, Director Rew.ry. cb,�',.�� 0/ Qk'. ,be 0, 'CIO 1�0 40, '?,� Ilk. /01- 'vision of Coastal Management feee", ered Di 0 a dLpl�d., 40. �' 40 requir 'ao 0" boll , 77) addF, Lq% 1. 4, 0�,/ Oto O's, accepted. Or an 1/,�0/, and its conditions are hereby ress Ot 0401, �,N�Z" 'Tte 0 '71/0 0 This permit endors 0 O'� , zqp We,0?q W IV,- N1 oe-p Ita 0 Poc 0 4f cle at', 19 eQ, 17%. receipt,.&C, 0", 1 IN 's S�,%1, O't, kck 0. ?rt- &1,Lqo0qJ, 07 411,�Z6jo'017o,00%. - A IMPORTiv 10-1410 6�;.Ise bg A000re 00,vt, "?Q9,L. oe Internet '0" 1 0 0`4f. 'be 00/i, q90 06 !�,o 014 P 'Q, lo of Carolina agTees ittee ,�1�4il 'Ifl;-L Of 0)5 4"N lea Co & address I,& Q �,, - '*or lea, coastal e�, ce- 170 �9.lot- o7,7 t, #/so; -/,g 4f�9 tbe n Carolina 0&1�S 0 tb --0, 0.,f, po It7l, ?-74, 146 "'00" 100; Likl011�, lot, 0/41Z Oill011-1'712, fte '7fN 1/00 1,99000,7 */ '00 0 '9041 0 *4149"�, 16 P, tbe o/ e# 0,; friends of the Noub Canobna MaRITIM MUSeum '- - == � a r ' z NCDENR Eddy P Myers res'dent Division of Coastal Management Amy Thullen 400 Commerce Avenue Vice President Morehead City, NC 28557 - Steve Harris Attention: Mr. Brad Connell Treasurer John Warrington Secretary Mr. Connell: Roanoke Island: Craig Blackwell Kermit Skinner On behalf of The Friends of the Museum, North Carolina Dwight Gregory Maritime Museum, Inc. (The Friends) I would like to request that CAMA Permit #133-05 be transferred from The Friends to the Beaufort: North Carolina Department of Cultural Resources of the State of Claire Burdette North Carolina. Dave DuBuisson Polly Hagle Steve Harris This request comes as a result of the transfer of ownership of the Eddy Myers property from The Friends to the State of North Carolina Amy Thullen John Warrington Thank you for your attention to this matter. Southport: Walter Madsen Cecil Rhodes rely, , Randy Jones Ex-oficio: George Ellinwood nt reelman Past FOM President David Nateman Executive Director Museum Director Bobby Springle NCMM Business Manager Friends of the Museum Staff. Brent Creelman Executive Director Valerie Peterson Membership Coordinator Candy Rogers Administrative Assistant 315 Front Street Beaufort,NC 28516-2124 phone: 252.728.1638 email.- boating@ncmm-friends.org www.ncmm-friends.org NORTH CAROLINA MARITIME MUSEUM David Nateman, Ph.D. Director March 19,2008 North Carolina Maritime Museum 315 Front Street t , Beaufort, NCDENR 28516 2124 Division of Coastal Management 252.728.7317 fax: 252.728.2108 400 Commerce Avenue MAR 3 maritime@ncmail.net Morehead City,NC 28557 Attention: Mr. Brad Connell Morehead pity L)GrUt Mr. Connell: Please consider this request to transfer CAMA Permit#133-05 from the Friends of the Museum,North Carolina Maritime Museum, Inc. to the Department of Cultural Resources of the State of North Carolina. Per your instructions, I am also including a letter from the Friends of the Museum,North Carolina Maritime Museum, Inc., a copy of the Deed, and a receipt reflecting an agency transfer of$100 to NCDENR. Thank you for your attention to this matter. incerel , David Nateman, Director Ken Howard, Director Division of State Branches: History Museums, DCR North Carolina Maritime Museum at Soutbport 116 N.Howe Street P.O. Box 11101 Southport,NC 28461 910.457.0003 fax: 910.457.5201 North Carolina Maritime Museum on Roanoke Island One Festival Park Manteo,NC 27954 252.475.1750 fax: 2 52.475.1507 The North Carolina Maritime Museum is a section of the Division of State History Museums under the office of Archives and History, N..0 Department of Cultural Resources A� WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary MEMORANDUM (/ 7/0im DATE: March 31 , 2008 Fie, TO: Tere Barrett / ]l G v FROM: Brad Connell SUBJECT: Friends of the NC Maritime Museum, State Permit #133-05 Please find enclosed a letter from Dr. David Nateman, Director of the NC Maritime Museum, requesting a permit transfer. State Permit#133-05 was issued on August 24, 2005 for the construction of new piers and boardwalks, parking area, dredging, and shoreline stabilization in Beaufort on Gallants Channel/Town Creek at SR 1170, in Carteret County. The permit is set to expire on December 31, 2008. The state purchased the property on October 2, 2006 and is requesting to transfer the above referenced permit from the Friends of the Museum, Inc. to the NC Department of Cultural Resources. I would recommend that State Permit#133-05 be transferred to the NC Department of Cultural Resources. An interagency receipt of transfer in the amount of$100 has been received in order to process the request. Cc: Ted Tyndall, DCM Doug Huggett, DCM Enclosure 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 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: Tere Barrett, District Manager 3/1/06 From: Ryan Davenport Re: Refinement Request,Friends of the Museum #133-05 Please find enclosed a request from Brent Creelman, acting on behalf of Friends of the Museum in their request to refine State Permit#133-05. This permit authorized the following: -Removal of existing and concrete structures -Construction of parking lot -Great lawn area -Ashpalt tie-ins to SR 1170 -259'X15' concrete walkway to water -31 FX2' concrete "seatwall" -Improvements to existing gravel roads -Construction of a bulkhead, breakwater and riprap -Construction of 339'X8' section, 507'X12' section and 170'X16' elevated walkway -Construction of 200'X10' temporary floating dock The request is to add a 6'X20' walkway connecting the permitted walkway to shore. The applicant also wishes to construct a 390'X10' gravel drive for maintenance vehicles. The gravel drive will be located on high ground. State Permit#133-05 is set to expire on 12/31/08. This project is in accordance with 15A NCAC 07H .0208 (b)(6) and 15A NCAC 07H .0209 which regulates this type of activity. Therefore, I recommend the project be authorized under a Letter of Refinement. Doug Huggett has approved of this method of authorization. All work must be performed and accomplished in accordance with the request submittal dated 2/28/06. 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 .02/28/2006 10:44 12527282108 FOM PAGE 02 O�ntiry� r.a K/ am �e Of 1 4 4 r NC, AA4v 6 y2D (CI-5lvG)arroN '„-4'c A-�, -r*,54 e ogw bl West 25 feet to a 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 West 84.32 feet; South 57-09-09 West 50 feet; thence South 32-50-51 East 113.6 feet to a point; thence South 2648-29 West 81.77 feet to the point of beginning. There is excepted from the above described land the following tracts of land: Tract I: Beginning at a point, said point being identified as being North 00-53 West 371. point North 26-30 W e ooin Geodetic Marker N3, dated 1973, running thence from said p N r p t thence from said point North 63-30 East 125 feet to a point; thence from said point S 26-30 East 50 feet to a point; thence from said point South 63-30 West 125 feet to the point of beginning, sald-'tra4I#iW08 designated as being Number 60 on map as shown by the Sea Bird Fish and Oyster Company, Beaufort Township, as prepared by J. G. Hassell and Larry C. Pittman,July 18, 1974. Meroh®adI City c)rM Tract II: Beginning at a point, said point being identified as being the following courses and distances from National Geodetic Survey Marker #3, 1973; running thence from said marker North 00-53 West 371.77 feet; thence from said point North 26-30 West 200 feet to the said point of beginning; thence from point continuing North 26-30 West 150 feet to a point; thence from said point North 63-30 East 125 feet to a point; thence from said point South 26-30 East 150 feet to a point; thence from said point South 63-30 West 125 feet to the point of beginning, said lot being those areas designated 55, 56 and 57 as shown on map entitled "The Sea Bird Fish and Oyster Company", prepared by J. G. Hassell and Larry C. Pittman, July 18, 1974. Tract III: Beginning at a point, said point being designated as being a concrete monument in the northern right-of- way of State Road 1170, said point being North 7-21 East 610.82 feet from a National Geodetic Survey Marker Number 3, 1973; running thence from said point of beginning North 25-58 West with the northern right-of-way of State Road 1170 133 feet to a concrete monument; thence from said point North 63-09 East 155.25 feet to a point in the center of a ditch; thence from said point 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. Tract IV: That property deeded to the State of North Carolina by deed dated November 8", 1999 which is recorded In Boole 870, Page 577, Carteret County Register of Deeds and is incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument recorded in Book 802,Page 480. A map showing the above described property is rerorded in Book—,Page_. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurten inces thereto belonging to the Grantee in�zc simple. And the Grantor covenants with the Grantee,that Grantor is seized of the prenuses in fee simple and hai the right to convey the same ui fee simple, that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Any Deeds of Trust,rights of way,easements,conditions or restrictions of record. Ad valorem taxes for the year 2006. IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate,has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. N.Pr C.Bar Assoc.From with 3 e 1977. 800 _____j.�(,� �w F'AG / Printed by Agreement with the N.C.Bar Assoc. t #003 F THE M NC MARIT-6 vsd�m�,. y: CT LC.I.0 �'. Ill�llill��^ t s By- (S` A � President Secretary =° ATTEST: MAR 3 1 2008 Morehead` Qity`OCM SEAL-STAMP NORTH CAROLiNA, 042 r�[ri,/ County. /�A `- tl.....11, I,the undersigned,a Notary Public of the County and State aforesaid,certify tnat/`''`picod" or~ U S——"',i�rui or I�''•,, ' personally appeared before me this day and acknowledged that S he is tYm xq i I I e Secretuy off} 1FNLb5 C�t��%;, THE MUSEUM,NC MARITIME MUSEUM,a North Carolina corporation,find that by authority duly giver:'ali as the�ct,Whe' . corporation,the foregoing instrument was signed in its name by it President,scaled with its cot d@tese d n ; attested by as it Secretary. Witriets my hand and official stamp or sail,thij U of Z2P.lZ. 2006. - p�''• 1cp% My commission expires: j. 1;pbliC• `�� NORTH CAROI_fNA,Carteret County. 1,the undersigned,a Notary Public of the County and State aforesaid,certify that r-k i .njs ^ to ''•., SEAL-STAMP personally appeared before me this day and acknowledged execution of the foregoing instrument. Witness my ha andofT'tcjp!4 v; ' stamp or seal,this day of 00,E njD a e— ,2006. n My commission expires: N Lary Put >=`.t The foregoing Certificate(s)of ` Ware certified to be correct.This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY Ay Deputy/Assistant-Register of Deeds. N.C.Bar Assoc.From No.3®1977 l_ . Printed by Agreement with the N.C.Bar Assoc. Ot►� PAGE G y� #003 f 4 V � ,'SCSI MAR 31 2008 Morehead