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HomeMy WebLinkAbout88-05 Waldrop Heirs i Permit Class Permit Number NEW 88-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and COPY ] Coastal Resources Commission rM I for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 x F Issued to Waldrop Heirs, c/o Robert Waldrop, 2278 Lystra Dr., Chapel Hill, NC 27517-8861, Authorizing development in Beaufort County at Jordan Creek, off NC 1765, near Winsteadville , as requested in the permittee's application dated 10/11/04 MP-1 & MP-3) & 11/3/04 (MP-2 & MP-4) including attached workplan drawings (3), 1 dated 10/28/04 and 2 dated 9/13/04 This permit, issued on June 8, 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. s: l) Due to resource agency concerns, and in accordance with a request made by the permittee, the excavation of the area between the two borrow ponds is hereby deleted from the proposed project. Any such reference to this excavation in the attached permit application forms and attached workplan drawings is hereby deleted. Shoreline Stabilization 2) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department ' personnel %%hen the project is inspected for compliance. t/ Chat`tes S. Jones, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Division of Coastal Management All work must 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 1� tI t'J that dour project is consistent with the North Carolina Coastal yyy> Management Program. Sign tore of Permittee �+r44?+.Vf nOY.N+O+✓r+� Waldrop Heirs Permit #M-05 Page 2 of 4 ' ADDITIONAL CONDITIONS 3 q.%- , shall be constructed landward of all vegetated wetlands. 4) The bulkhead shall not extend waterward of the normal water level at any point along its alignment at the time of construction. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the , structure. 7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other Ysuitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Dockinp_ Facility 10) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 1 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water s that are expressly and specifically set forth in the permit application. 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. 12) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel/deep water line that intersects with the shore at the point where the upland property line meets the -ater's edge. J 13) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. Waldrop Heirs Permit #88-05 Page 3 of 4 ADDITIONAL CONDITIONS 14) 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. 15) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 16) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 17) 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. 18) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 19) This permit authorizes a maximum of six boat slips. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21 ) 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 a silt fence � J P P Y � •g• , diversion swales or berms, etc.). 22) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 23) 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. Y f✓f.�N!..i!O!.irr���A Waldrop Heirs Permit#88-05 Page 4 of 4 ADDITIONAL CONDITIONS 24) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 1 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any Such activity for this determination. The permittee is further advised that, in accordance with the Rules of the Environmental Management Commission, many non-water dependent activities are 4 not authorized within 50 feet of the normal water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 041855. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510058. s ATi;'A' RCDENR 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 June 13,2005 Waldrop Heirs c/o Mr.Robert Waldrop 2278 Lystra Drive Chapel Hill,NC 27517-8861 Dear Mr. Waldrop: 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, 9MI& V �i1 Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mr. Kendall Turnage, Authorized Agent for Environmental Professionals, Inc., Agent for Waldrop Heirs, c/o Robert P. Waldrop 2. LOCATION OF PROJECT SITE: Off SR 1777, Barnes-Foster Loop Road, on Jordan Creek off the Pungo River in Beaufort County near Belhaven, North Carolina. Photo Index - 2000: 108-1264; A-15; 1995: 108-1143; A-16; 1989: N/A State Plane Coordinates - X: 2,710,200 Y: 627,400 Pamlico Beach Quad. (upper right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/2/04, 11/8/04 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 11/9/04 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Rural AEC(s) Involved: PTA, PTS, CW (D) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing - 3 different septic systems, two relic borrow ponds, a mobile home and a garage. Planned - Construction of a 6' x 184' pier with 6 slips, bulkhead and excavate/enlarge the connection between two relic borrow ponds. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHE (B) Non-Vegetated Wetlands 900 ft2 (Borrow Pond ±1,245 ft2 shaded Creek bottom Bottom) 682 ft2 - 404 wetlands (A) Vegetated Wetlands ±100 ft2 - Coastal Wetlands (C) Other 418 ft2 4,710 ft2 (Uplands) (D) Total Area Disturbed: 0.2 acre or 8,055 ft2 (E) Primary Nursery Area: Yes - Inland Primary Nursery Area (F) Water Classification: SA NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a 6'wide x 184' long pier with an 8'xl2' L- head platform and 3-3'xl5' finger piers accessing 6 proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds. Waldrop Heirs Beaufort County Project Setting The 3.5-acre project site is situated in a residential subdivision located in eastern Beaufort County off SR 1777 on Jordan Creek off the Pungo River near Belhaven, North Carolina. The highground adjacent Jordan Creek is developed as a single waterfront lot with a single septic system supporting one mobile home. The project site has a total of three existing septic systems. Lots in this residential subdivision are 50' wide. The dominate feature of this project site is two oval shaped relic borrow ponds approximately 40' wide x ±400' long each, separated by a earthen plug that once held a culvert pipe allowing drainage from the most landward pond. This culvert pipe was washed out during Hurricane Isabel. Currently the two ponds are connected by a 5' wide x 8" to 12" deep opening where the culvert once existed. Water depths in the ponds range from 5' to 7' deep. It appears that the ponds were once Coastal Wetlands excavated prior to permit requirements during early development of the subdivision. A ±4' wide x ±80' long strip of Coastal Wetlands separates the relic borrow ponds from Jordan Creek. There is a 5' wide by 8" to 12" deep connection through the coastal wetland strip to the relic borrow pond adjacent Jordan Creek. Tidal flow has been observed through this connection to Jordan Creek as well as between the two relic borrow ponds. A small area of Coastal Wetlands (±100 ft2) exist in the relic borrow pond adjacent Jordan Creek. This area of Coastal wetlands is located at the landward end of the pond next to the connection between the ponds. The Coastal Wetland vegetation consists mainly of Spartina cynosuroides and includes Distichilis ss icata and Juncus roemerianus. Other 404 wetlands fringe the borrow ponds with varying widths vegetated with Phragmties australis, baccharis halimifolia, and Carex sp. The shoreline at the project site has a landward curve forming a small embayment. There is a 40' long deteriorated bulkhead that extends from the property line on the upstream side. Jordan Creek Marina is the adjacent property downstream. The adjacent property upstream is developed as a single-family residence situated on two 50' wide lots. Both the Marina and adjacent residential lot have piers in excess of 170' in length. The adjacent property upstream has two piers, one with mooring piles within the project site's riparian area. Water depths 100' offshore the project site are+3' deep. Jordan Creek is classified as SA NSW by the Environmental Commission and Inland Waters by the Wildlife Resource Commission and is closed to shellfishing at this location. Jordan Creek is also classified as an Inland Primary Nursery Area. Project Description The applicant is proposing to excavate between the two relic borrow ponds 30'wide x 70'long x 4' to create a navigable connection between the two ponds. The applicant reasons that the Coastal Wetlands between Jordan Creek and the adjacent relic borrow pond will eventually erode opening the borrow ponds to navigation. Waldrop Heirs Page Two The applicant also proposes to construct a 6' x 184' pier with an 8' x 12' L-head platform and 3-3' x 15' finger piers accessing six proposed slips. The existing bulkhead is proposed to be replaced and extended 110' landward of Coastal Wetlands into the relic borrow pond adjacent Jordan Creek. Anticipated Impacts The excavation of the earthen plug between the two relic borrow ponds will result in some localized short-term turbidity. Excavation of the earthen plug will increase the volume and rate of discharge of storm water and tidal flow from the ponds to Jordan Creek. These flows may hasten the erosion of the Coastal Wetlands between the relic ponds and Jordan Creek. Also, these higher flows may enlarge the existing non- navigable channel to Jordan Creek. The pier will shade ±1,245 ft2 of Jordan Creek bottom. The project will provide an increase in the number of moorings available for recreational boaters in Jordan Creek and their associated impacts. Steve Trowell - Washington Regional Office - 15 November 2004 Form DCM-W-1 APPLICATION (To be completed by all applicants) b. City,town,community or landmark Belhaven (project is near the community of L APPLICANT Winsteadville) c. Street address or secondary road number a. Landowner: Jordan Dr. Off of NCSR 1764 Name Waldrop Heirs c/o Robert P.Waldrop d. Is proposed work within city :limits or planning Address 2278 Lystra Dr. jurisdiction? Yes X No City Chapel Hill State NC e. Name of body of water nearest project (e.g. river, creek,sound,bay) Jordan Creek Zip 27517-8861 Day Phone 252-248-5324 Fax 252-248-5770 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: OF PROPOSED PROJECT Name Environmental Professionals,Inc. a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Address PO Box 3368 excavation and/or filling activities. Replace the existing 40 LF bulkhead and 9 LF City Kill Devil Hills State NC return wall, construct new 110 LF bulkhead, 6 LF return wall, construct 184 LF X 6 ft pier, 8' x 12' wooden platform with seating) Excavate the area Zip 27948 Day Phone 252-441-0239 between the two ponds (see plat) create spoil disposal area Fax 252-441-0721 b. Is the proposed activity maintenance of an existing project,new work,or both? Both c. Project name(if any) N/A c. Will the project be for public, private or commercial use? Private NOTE: Permit will be issued in name of landowner(s),and/or d. Give a brief description of purpose, use, methods of project name. construction and daily operations of proposed project. If more space is needed, please attach additional pages. See narrative 2. LOCATION OF PROPOSED PROJECT a. County Beaufort Form DCM-100-1 APPLICATION (To be completed by all applicants) k. Is the project located in a National Registered 4. LAND AND WATER Historic District or does it involve a National Register CHARACTERISTICS listed or eligible property? Yes X No a. Size of entire tract 3.515 acres 1. Are there wetlands on the site? X Yes _No Coastal(marsh) X Other_ X b. Size of individual lot(s) North parcel-.841 If yes, has a delineation been conducted? No South Parcel— 2.674 acres (Attach documentation,if available)appro7d►nate wetland/units shown on plat c. Approximate elevation of tract above MHW or NWL m. Describe existing wastewater treatment facilities. 0-5 feet 3 existing septic systems one for the barn one d. Soil type(s) and texture(s)of tract for the trailer and one not in use Tomotla fine sandy loam n. Describe location and type of discharges to waters of e. Vegetation on tract Pinus taeda, liquidambar the state. (For example, surface runoff, sanitary s(yraciflua, cladium iamicense Martina atermyora wastewater, industrial/commercial effluent, "wash distchilis spicata. baccharis halimi olia rnyrica down and residential discharges.) surface runoff, Geri era,phraMties australis s artina cvnosuroides lawn crass, quercus falcata o. Describe existing drinking water supply source. f. Man-made features now on tract bulkhead,pilings,ponds Beaufort County Water System mobile home barn Three septic systems g. What is the CAMA Land Use Plan land classification of the site?(Consult the local land use plan.) — Conservation Transitional 5. ADDITIONAL INFORMATION Developed Community X Rural Other In addition to the completed application form, the h. How is the tract zoned by local government? following items must be submitted: no zoning in Beaufort County ® A copy of the deed (with state application only) or i. Is the proposed project consistent with the applicable other instrument under which the applicant claims title zoning? _Yes No N/A to the affected properties. If the applicant is not (Attach zoning compliance certificate,i(applicable) claiming to be the owner of said property,then forward a copy of the deed or other instrument under which the j. Has a professional archaeological assessment been owner claims title, plus written permission from the done for the tract? Yes X No owner to carry out the project. If yes,by whom?N/A ® An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by I I" white paper. (Refer to Coastal Form DCM-MP-1 Resources Commission Rule 710203 for a detailed (DEHNR) to cover the costs of processing the description.) application. Please note that original drawings are preferred and ® A signed AEC hazard notice for projects in only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an oceanfront and inlet areas. adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers ® A statement of compliance with the N.C. regarding that agency's use of larger drawings.) A site Environmental Policy Act(N.C.G.S. 113A- 1 to 10) or location map is a part of plat requirements and it If the project involves the expenditure of public funds must be sufficiently detailed to guide agency personnel or use of public lands,attach a statement documenting unfamiliar with the area to the site. Include highway or compliance with the North Carolina Environmental secondary road(SR)numbers,landmarks,and the like. Policy Act. *A Stormwater Certification, if one is necessary. ®A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners 6. CERTIFICATION AND PERMISSION have received a copy of the application and plats by TO ENTER ON LAND certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal I understand that any permit issued in response to this Management. Upon signing this form, the applicant application will allow only the development described in further certifies that such notice has been provided. the application. The project will be subject to conditions Name Bill Holden and restrictions contained in the permit. Address 60 Jordan Dr. Belhaven,NC I certify that to the best of my knowledge, the proposed Phone activity complies with the State of North Carolina's Name Jordan Creek Marina C/o Duncan Fa ug_ndus approved Coastal Management Program and will be Address 1850 West Arlington Blvd.,Greenville 27894 conducted in a manner consistent with such program. Phone I certify that I am authorized to grant,and do in fact, grant Name Pattie Dixon Miller permission to representatives of state and federal review Address PO Box 1508,Buxton,NC 27920 agencies to enter on the aforementioned lands in Phone connection with evaluating information related to this permit application and follow-up monitoring of the Name Foster and Frances Solatti project. Address 141 Hilda Grace Lane,Cary NC 27519 Phone I further certify that the information provided in this ® A list of previous state or federal permits issued for application is truthful to the best of my knowledge. work on the project tract. Include permit numbers, permittee, and issuing dates. This is the day of �<-•�.��,•,.,.- , 2004. Print Name 7`��1,.t A cp;t Signature ® A check for $250 made payable to the Department of Landowner or Authorized A' ent Environment, Health, and Natural Resources Form DCM-MP-1 Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. A Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA 1. EXCAVATION Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application a. Amount of material to be excavated from below that relate to this proposed project. MHW or NWL in cubic yards Describe below the purpose of proposed excavation 100 CY or fill activities. All values to be given in feet. (total excavation=338 CY) b. Type of material to be excavated Sand/silt Average Final Existing Project Length Width Depth Depth Access channel c. Does the area to be excavated include Coastal (NWL) N/A Wetlands (marsh) submerged aquatic vegetation or other wetlands. X Yes No 404 wetlands Ogg SF) Canal k-r N/A -------- ------- -------- d. Highground excavation in cubic yards 77.4 CY 418 SF x 5 ft=77.4 CY Boat 2. DISPOSAL OF EXCAVATED --_---- basin N/A ------- ___ MATERIAL Boat a. Location of disposal area Disposal site ramp N/A ------ ------- ------- greater than 30 ft from NWL (see plat) Rock b. Dimensions of disposal area Odd Shaped area groin N/A ------- ------- ------ 4710 SF (see plat) Rock(rip rap) c. Do you claim title to disposal area? breakwater N/A -------- ------- _______ X Yes No If no, attach a letter granting permission from the Other owner. Excavate area 70 30 1.0 -4.0 between ponds d. Will a disposal area be available for future maintenance? X Yes No If yes, where? Same location Revised 03/95 Form DCM-MP-2 a. Will fill material be brought to site? Yes X No e. Does the disposal area include any coastal If yes, wetlands(marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No water N/A (2)Dimensions of fill area N/A f. Does the disposal include any area in the water? Yes X No (3) Purpose of fill N/A 3. SHORELINE STABILIZATION b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? a. Type of shoreline stabilization Yes X No X Bulkhead Riprap 5. GENERAL b. Length Repair/Replace 40 LF with a 9 LF return wall a. How will excavated fill material be kept on site New 110 LF with a 6 LF return and erosion controlled? wall Silt fence c. Average distance waterward of MHW or NWL b. What type of construction equipment will be 0 used(for example, dragline,backhoe, or d. Maximum distance waterward of MHW or NWL hydraulic dredge)? Excavator and front end loader 0.25 LF e. Shoreline erosion during preceding 12 months c. Will wetlands be crossed in transporting 0.33 ft equipment? Yes X No (Source of Applicant If yes, explain steps that will be taken to lessen information) environmental impacts. Wetlands areas to be f. Type of bulkhead or riprap material disturbed are to be excavated by this work. Treated wood g. Amount of fill in cubic yards to be placed below water level /1 Ri N/A Waldrop Heirs l ) Rip rap Applicantr r o Pr e (2) Bulkhead fill ry .GZif � signature h. Type of fill material N/A t 1 :7 1,,2 y Date I. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Revised 03/95 ' r Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys N/A Form DCM-MP-1. Be sure to complete all other sections of the (1) Commercial _ Private_ Community Joint Application which relate to this proposed project. (2) Number N/A. (3) Description of buoy(Color,inscription,size,anchor,etc. a. Dock(s) and/or Pier(s) N/A (1) Commercial Private_X Community_ (2) Number 1 (3) Length 184' (4) Width of water body N/A (4) Width 6' (5) Distance buoy(s)to be placed beyond shoreline (5) Finger Piers X Yes No N/A (i) Number 3 (ii) Length 15' f. Mooring structure(boatlift,mooring pilings,etc.) (iii) Width 3' (1) Commercial Community 4 Prival (6) Platform(s) X Yes No (2) Number 4 mooring pilings (i) Number 1 (3) Length 15 ft (ii) Length 8' (4) Width 1.0 ft (iii) Width 12' (7) Number of slips proposed 6 g. Other(Give complete description) (8) Proximity of structure to adjacent riparian property lines 41 ft west closest riparian approach 37 ft east closest riparian approach (9) Width of water body Approx. 1020 feet (10) Water depth at waterward end of pier at MLW or NWL 5.25 ft b. Boathouse(including covered lifts) N/A (1) Commercial Private (2) Length (3) Width Waldrop Heirs c/o Richard Waldrop Applicant of Project Name C. Groin(e.g.wood, sheetpile,etc.) N/A (1) Number N/A (2) Length Signature d. Breakwater(e.g.wood,sheetpile,etc.) N/A (1) Length Date (2) Average distance from MHW,NWL,or wetlands (3) Maximum distance beyond MHW,NWL or wetlands Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of i. Describe proposed method of sewage disposal. the Joint Application that relate to this proposed project. 3 Existing septic systems,No new systems proposed a. Type and number of buildings,facilities,units or structures proposed. j. Have the facilities described in Item i.above received One Spoil Disposal Area(4710 SF)with silt fence state or local approval? Yes enclosed border and limits (Attach appropriate documentation) k- Describe location and type of proposed discharges to b. Number of lots or parcels 4 waters of the state(for example,surface runoff,sanitary wastewater,industrial/commercial effluent, "wash down" and residential discharges). c. Density(give the number of residential units and the units surface runoff,temporary turbidity per acre) 1 per 3.515 acres d. Size of area to be graded,filled or disturbed including 1. Describe proposed drinking water supply source roads,ditches, etc. 8733 SF (e.g.well,community,public system,etc.) e. If the proposed project will disturb more than one acre of Beaufort County Water System land,the Division of Land Resources must receive an m. Will water be impounded? _ Yes X No erosion and sedimentation control plan at least 30 days If yes,how many acres? before land disturbing activity begins. If applicable,has a sedimentation and erosion control plan been submitted to n. If the project is an oceanfront development,when was the the Division of Land Resources? _ Yes X No lot(s) platted and recorded? If Yes,date submitted N/A less than one acre N/A f. List the materials(such as marl,paver stone,asphalt,or or concrete)to be used for paved surfaces. Applicant or Project Name N/A ✓<p Signature , g. Give the percentage of the tract within 75 feet of MHW or Sign D //A7 NAIL,or within 575 feet in the case of an Outstanding Date ' Resource Water,to be covered by impervious and/or built- upon surfaces, such as pavement,buildings,rooftops,or to be used for vehicular driveways or parking. 1.8 percent h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes,date submitted N/A Cross Section Of Bulkhead Portion Along NWL Waldrop Heirs (Areas without wetlands) CAMA Major Application Scale1 in=5 ft Environmental Professionals, Inc. Proposed Drawn: KT Date: 9/13/04 Bulkhead Backfill NWL Filter Cloth Depth to substrate varies Cross Section of Bulkhead Portion --Landward of Wetlands Areas Upland I wetlands (this portion will act as a retating wall landward of wetlands) Proposed Bulkhead I I NWL Backfill Proposed bulkhead/tretaining wall in the area to be Filter cloth constructed landward of wetland areas.Alignment to be staked by NCDCM prior to construction. **For application review pruposes only. Final construction must meet applicable Beaufort County Building Code. CROSS SECTION OF PIER AND PLATFORM Waldrop Heirs Cama Major Application By: Environmental Profressionals, Inc. Drawn KT Date : 10/28/04 Scale V=20 ft NWL reference elevation 0.0 ft For permitting purposes only. Final Construction must meet Beaufort County Bulding Code 8 ft X 12 ft Contact Beaufort County Building Inspector Platform Coastal Mooring pilings w tla ds _J Proposed 184 ft X 6 ft wide pier Proposed Bulkhead (see bulkhead detail drawing) Existing Substrare CAMA Major Narrative Waldrop Heirs C/O Robert Waldrop 2278 Lystra Dr. Chapel Hill,NC 27517-8861 Applicants: Bonnie Ann Waldrop Gado Helen Marie Waldrop Youngblood 924 Colonial Road 3012 Ridge Rd. Franklin Lakes,NJ 07417 Durham,NC 27705 Richard E.Waldrop Robert Paul Waldrop 184 Brush Hill Rd. 2278 Lystra Road Kinnelon, NJ 07405 Chapel Hill,NC 27517-8861 Property: 3.515 total acres adjacent to Jordan Creek and 2.67 acres in the southern parcel 0.845 acres in the northern parcel (Lots 5-8) This project proposal abandons the excavation of an access channel in the designated Primary Nursery areas that triggered the requirement for a NC SEPA document for processing of the application. PROJECT: The proposed project will provide shoreline stabilization,provide a pier and docking for the property and its owners. and connect the two ponds which already have connected naturally from the effects of hurricanes and natural wind tide flow. Four boat slips are provided for each of the four heirs to the property and 2 additional slips are provided in two lots can be created out of the southernmost parcel.If subdivision of the southernmost parcel is not possible because of county or other restrictions,the parcel will remain and be utilized by the Waldrop family. The excavation between the two relic ponds is requested because of the following reasons. • Currently,hurricanes and heavy rains produce heavy flow volumes which continually bypasses the culvert, erode the side slopes,produce frequent siltation of the surface waters,still manage to reach Jordan Creek with or without the excavation proposed. • A connection already exists between the two ponds and also to the creek.,so the excavation will not produce a connection which does not already exist • The connection should provide a greater volume of water to promote better circulation within the relic ponds and allow for improved flushing • A desire to provide a stable side slope configuration that will prevent perpetual siltation of the surface waters as the natural opening continues to enlarge naturally • To provide an opening of sufficient size to navigate between the two relic ponds. As the coastal wetland plug at the northernmost edge of the ponds continues to erode,natural connection of the northern relic to Jordan Creek is inevitable.As this connection occurs,the tidal/wind tidal velocities and volumes through this existing connection will increase,producing increased erosion of the hourglass shaped area proposed for excavation. The excavation will simply produce a connection in the time and place as chosen by the applicants and coordinated with the aid of the regulatory official guidance and oversight. • The end result would be that the two ponds would eventually become another tributary of the Jordan River as the connection becomes better established through the natural erosion of the coastal wetland plug at the creek. The relic ponds will then provide an approximate 1.25 acres of additional water habitat for the finfish species present in the area and will be an excellent promulgation area for the bait species and the prey species that depend upon tributaries for their survival. This connection will then be open to the all fishery species,not just those contained within the fresh water dominated ponds. • As the saline content of the water in the relic ponds increases with the eventual erosion of the coastal wetland plug,the pond side slopes are likely to become vegetated with increasing amounts of coastal wetland plant species. • By establishing the connection under the guidance of regulatory officials the siltation can be minimized reduced by requiring that a tubidity curtai ,.t a in place during the excavation,and remain so until such a time as the slopes are stabilized betwee to two onds. • This project will undoubtedly improve the fishery diversity and potential in the relic ponds. The excavation will also provide areas of topographic diversity available to the finfishes for spawning and predator avoidance. The excavation and natural erosion of the coastal wetland plug will eventually create additional 1.25 acre tributary and fishery producing habitat on Jordan Creek in a time in which most applicants for permits are requesting filling of coastal water habitat and wetlands.The Waldrops are hoping to provide additional habitat available to these species and at the same time provide water access between the relic ponds. The applicants propose the following development activities to meet these goals: • Construct a 184 LF X 6 ft wide pier in Jordan Creek • Construct three 3'x 15'wooden finger piers • Construct one 8'X 12'wooden platform with seating • Install 4 mooring pilings • Repair/Replace existing 40 LF wooden bulkhead and 9 LF return wall • Construct 110 LF wooden Bulkhead as shown (portions of which will be constructed in uplands,landward of coastal wetlands—see plat)Coastal Management to stake bulkhead alignment prior to construction • Create spoil disposal area greater than 30 ft from NWL with securely installed silt fence border • Remove the washed out culvert between the two ponds(with and excavator) • Excavate the area between the two ponds(with an excavator)and utilize turbidity curtains as directed by the Division of Coastal Management prior to project commencement Approximate Excavation Calculations: 30 ft X 70 ft area: 782 SF X 5.0 ft= 145 CY in 404 wetlands 418 SF X 6.0 ft= 93 CY highground 900 SF X 3.0 ft= 100 CY below NWL 338 CY Total excavation Environmental Professionals Inc. Kendall Turnage I 1/03/04 "'JAN. 30, 2004';11 ; 15AM 11,14'MCM CUSTOMER SERVICE ENVIRONMENTAL PROFES NO, 869 P, Z 02 ` I i I hereby authorize Environmental Professionals, Inc. to apply for a AlA, Major application and supply information on my behalf for irnprov engs to the owned by our farmly property on Jordan Creek, ETC. i Robert P. Waldrop Name i Signature Tate 1 i E i i DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Mr. Kendall Turnage, Environmental Professionals, Inc., Authorized Agent for Waldrop Heirs, Robert P. Waldrop County: Beaufort County LOCATION OF PROJECT: Off SR 1777, Barnes-Foster Loop Road, on Jordan Creek off the Pungo River in Beaufort County near Be DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9 Nver 2 FIELD RECOMMENDATION: ATTACHED NOV 1 8 2004 CONSISTENCY DETERMINATION: FIELD REPRESENTATIVE: Steven J. Trowell DISTRICT h8adi(34 ®CM DISTRICT MANAGER REVIEW: d�_JM,,,,416_ B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 66,Az ' PUBLIC NOTICE REC'D: 11AM4 END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: / APPLICATION ASSIGNED TO: Pub(,F-rr ON: //�/MI C) 75 DAY DEADLINE:p c:S 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: l if Z�/W FED COMMENTS REC'D: Z/2 S'/vim PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional representative Coastal Management - LUP Consistency Determination Division of Community Assistance j t j2 3/C Land Quality Section Division of Water Quality V/ Storm Water Management (DWQ) Al State Property Office 11�3� r/ Division of Archives & History Division of Environmental Health Division of Highways V t y Wildlife Resources Commission I 7-/16 o Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Permit# _ �_6,5 I)CM Coordinator: MAILING DISTRIBUTION: DCM Field Offices: Elizabeth City� � J�5 I p�✓ Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NC)OT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-13ar ):nviroarnental Health: Terry PiercLerson Marine Fisheries: Mike StreeNCDOT: Ken Pace Shellfish Sanitation: Patty FowlState Property Office: Joseph Hen �, �/ Water Quality: Cyndi Karoly(for non-DOT) John Hennessy(NCDOT) Water Resources: John Sutherland r Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING.DISTRI BUTTON: Pennitee Agent at._ I)CM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) ; Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANIA Major Permit Process Manual Page 70 of 70 k I A 14 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 30, 2005 Waldrop Heirs c/o Mr. Robert P. Waldrop 2278 Lystra Drive Chapel Hill, NC 27517 Dear Mr. Waldrop: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a 6' x 184' pier with an 8' x 12' "L" platform with (3) 3' x 15' finger piers accessing (6) proposed slips, and excavate a 30' x 70' area between two existing relic borrow ponds in Beaufort County adjacent to Jordan river off SR 1777 (Barnes- Foster Loop Road), Belhaven, 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 April 08, 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, Pu7,7(u'gegett Major Permits & Consistency Coordinator cc: DCM, Washington DCM, Morehead City 151-13 Hwy. 24, Hestron Plaza 11, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\1010 Post Consumer Paper LUP review for Waldrop Heirs Subject: LUP review for Waldrop Heirs From: Doug Huggett<Doug.Huggett@ncmail.net> Date:Thu,24 Mar 2005 07:53:05-0500 To:John Thayer<John.Thayer@ncmail.net> CC:Doug Huggett<Doug.Huggett@ncmail.net>,Jonathan Howell<Jonathan.Howell@ncmail.net> John, a couple of weeks ago I believe that Jonathan gave you a project in Beaufort County for the Waldrop Heirs and asked if you could do a LUP consistency review for the project (it was a little more complex than some of our other projects) . I'm coming up on a must-act deadline on this one and just wanted to check and see if you have had a chance to review the project yet. I know you are real busy, but any help would be greatly appreciated. Thanks Doug ✓t�6V 1 yu� I of 1 3/24/2005 7:53 AM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO February 24, 2005 Regulatory Division Action ID No. 200510058 lily Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza It, 151-B Highway 24 Morehead City, North Carolina 28557 Dear Mr. Huggett: Reference the application of Robert P.Waldrop for a Department of the Army permit to excavate wetlands and construct a pier and boat slips, on property located off State Road 1764, adjacent to Jordan Creek, near the Community of Winsteadville, in Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the proposed wetland excavation activity between the existing ponds not be authorized. In addition, we recommend that the following conditions be included in the State authorization for the proposed pier and boat slips: 1. 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. 2. 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. -2- 3. 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. 4. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 5. The permittee 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. 6. 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. Questions or comments may be addressed to Mr.Raleigh Bland,Washington Field Office, Regulatory Division,telephone (252) 975-1616,extension 23. Sincerely, Raleigh Bland,P.W.S. Regulatory Project Manager Copies Furnished: -3- Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 a PIC I UV MEMORANDUM JAN 0 5 2005 Morehead City DCM To: Doug Huggett From: Steve Trowell6/ Through: Terry Moore(/ Subject: Recommendations for Waldrop Heirs Major CAMA permit application Date: 29 December 2004 This memo is reference to a recent Major CAMA permit application submitted on behalf of the Waldrop Heirs by Environmental Professionals for the excavation of an earthen plug between two relic borrow ponds, pier mooring facility, and bulkhead onsite the Waldrop Heir property located off SR 1777, on Jordan Creek, off the Pungo River, near Belhaven,North Carolina. The stated purpose for the plug excavation is to create a navigable connection between the two ponds so that the relic borrow ponds can serve as boat basins once the marsh between Jordan Creek and the ponds erode. Since this particular area of shoreline in Jordan Creek is not subject to a large fetch and wind driven wave action, I feel that the marsh plug will remain. The ponds are between 5' to 7' deep, certainly deeper than the connecting waters in Jordan Creek, and certainly, deeper than any connection that would be created through any natural erosive force. *1 feel that the Division will be remiss if we allow the ponds to be enlarged. This will create more volume to be held quite possibly becoming anoxic and discharging during heavy rain events. Current conditions allow for a slower rate of discharge with each connection decanting through a small opening. I recommend denial of the proposed excavation work. I base my denial on NCAC Subchapter 7H.0208(b)(1)(F) "Any canal or boat basin shall be excavated no deeper than the depth of the connecting channels and GS 113A-120(a)(8)-(10)." Jordan Creek is an Inland PNA, which would preclude the excavation of an access channel. I recommend that the permit be issued for the proposed bulkhead and pier with six slips. I recommend use of the standard conditions for multi-slip piers and bulkheads. The bulkhead should also be conditioned landward of any wetlands. D F' 4 "�`' ► as city cc r M pw- North Carolina Wildlife Resources Commission 0 Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator 120A Habitat Conservation Section DATE: December 10, 2004 SUBJECT: CAMA Dredge/Fill Permit Application for Waldrop Heirs, c/o Robert P. Waldrop, Beaufort County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(Commission) reviewed the permit application with regard to impacts on fish and wildlife resources. The site is located off SR 1777 on Jordan Creek off the Pungo River near Belhaven, 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 construct a 6' x 184' pier with 8' x 12' L-head platform and three 3' x 15' finger piers accessing six proposed slips on Jordan Creek. The existing bulkhead is to be replaced and extended 110' landward of Coastal Wetlands into a relic borrow pond adjacent to Jordan Creek. The applicant also proposes to excavate an earthen plug between two borrow ponds to create a navigable connection between the two ponds. Total project impacts include dredging of 900 ft2 of pond bottom, 682 ft2 404 wetlands, and 100 ft2 Coastal Wetlands, filling 4,710 ft2 of uplands, and shading 1,245 ft2 of creek bottom. Jordan Creek is classified SA NSW by the Environmental Management Commission and is designated as an Inland Primary Nursery Area(PNA). The Commission places a high priority on the protection of nursery habitats and therefore requests the project adheres to a February 15 —September 30 moratorium. Sedimentation and erosion control measures must be in place to ensure no material generated from the removal of the earthen plug between the two ponds is released into Jordan Creek. 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. 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 December 3, 2004 MEMORANDUM TO: Doug Huggett Morehead Q-ty UGIW FROM: Jeff Rheubottom Shellfish Sanitation and Recreational Water Quality Section SUBJECT: CAMA Major Permit Review- Waldrop family proposed boat slips in Existing relic borrow ponds. The area is closed to the harvest of shellfish but analysis of the data indicates some improvement in water quality over time. The closure line is established only 150' down stream of Jordan Creek Marina,which is adjacent to the property. Connecting the borrow ponds and opening these pond to dockage will increase sedimentation and bacteria loading for the localized area of Jordan Creek. Removing the plug between the ponds will increase the volume of discharged storm water. Storm water runoff has been identified as the primary agent for bacterial loading of coastal waters. The Shellfish Sanitation and Recreational Water Quality will continue to monitor the area in respect to fecal coliform levels and if concentrations exceed acceptable levels for open shellishing waters, additional closures will be recommended. DEC 7 2004 "`-CFI LFISH SANRATION _ , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO November 30, 2004 YJ Regulatory Division 1J DEC 0 12004 Action ID No. 200510058 Morehead City DCM Robert P. Waldrop 2278 Lystra Drive Chapel Hill, North Carolina 27517-8861 Dear Mr. Waldrop: On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received November 29, 2004, for Department of the Army (DA) authorization to excavate wetlands and construct a pier and boat slips, on property located off State Road 1764, adjacent to Jordan Creek,near the community of Winsteadville, in Beaufort County,North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason,you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S.Environmental Protection Agency(EPA) signed a memorandum of agreement(MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally,compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: -2- a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected,unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by December 15, 2004. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 200510058 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, Raleigh W. land, P.W.S. Regulatory Project Manager _3_ � U Lira ED RIDEC 0 1 2004 Enclosure Morehead City DCM Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza 11, 151-B Highway 24 Morehead City, North Carolina 28557 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 Division Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston,South Carolina 29412-9110 -4- Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street Atlanta, Georgia 30303 Mr. Terry Moore,District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 Environmental Professionals, Inc. Post Office Box 3368 Kill Devil Hills, North Carolina 27948 V DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Requlatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO (02, nu DEC i Regulatory Division Z004 Action ID: 6 00'3 C 09 1"'� Applicant: A" ad Cat Y 1CM B Waterway: . County: Work Type: Mr. Ron Sechler Mr. Doug gg Hu e `�T National Marine Fisheries Svc,NOAA Division of Coastal Management Pivers Island NC Department of Environment, Health Beaufort, NC 28516 and Natural Resources Hestron Plaza II, 151-B Highway 24 Mr. Pete Benjamin Morehead City, NC 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 keA(vq Mow, Raleigh, North Carolina 27636-3726 Regional Office Division oVCoastal Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV41� VaurBal sour es Water Management Division , 7�'��' tw_ V'Ali U.S. Environmental.Protection Agency us Ic 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291,the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed. Yourcomment p and/p and/ recommendations would be appreciated on or before ` �'�V� l� Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office,telephone (252)975-1.616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure NOV-29-2004 MON 03:51 PM COASTAL MANAGEMENT FAX NO, 12529480478 P. 02 OW 2 1,1051 F: ::252-946-7 33 Nov 29 '04 13:06 P.02103 North �:;xar}i +°., Department of Environment and Natural Resources i Division of C►oasUl Management MiJiael F,Eas kiy,Ga o:fv,r Charlas 9,Jonos,Dlractor William G. Ross,Jr.,Saoretary i hMF11r 0RANDIJM J0: Sttv., 0,ns-1raction/Materials Bmch 4rp� Processing coordinator mov 7004 Div, Or StlMITT: ; CApAAA)mdge and r,'m Permit Application Review D/ws nN 4I 0's XC'°:z< all Turnage, environmental Professionals,Inc. i (MflI;T.i i-.cd Agent fot, Waldrop Heirs,c/o Robert P. Waldrop) 1,04"Al'lrN: 13;;a4 ort Coklncy C>xt="C']'. The applicm t proposes to construct a b'wide x 194'long pier with m s:nd 3-3' x 15' fuiger piers accessing 6 proposed slips. Ap,lca w As to excavate a 30' %vide, x 70' Tong area between two existing relic barrow pmlds plr'713 , iTIzhP,'C? bWlov, 'Odr position or viewpoint on the proposed project and return this fias°rat by(, b a a"In1'mr' "i#tti-1, t'{ease contact Steven I 'Trowell, at 252-949-3854,if you have any qs.,*titirtt r Par lire 1���I)ro,rb eat project. Whcn appropriate,in depth comments with supporting c141(41 are rccll.4 ',tdacl. � REPLY _•,,.�� , 717i,ref 1 icye has no objection to the project as proposed, 11•�;5�x :'Co has no couvilent on the proposed project. 'Y hi; oQ'&4 approves of the proposed project only if the recommended � ^ chin, are incorporated, See attached. I'hji c, 11ce objects to the proposed project for reasons described in the comments, 4i�,r�r:�1�"��!•..'��, .�� ,ra.r �-...__�t�'w1.W bate Z G�, .� hearo I d YJ4l qua t'l4th4ion SQuarc Bull.Wx*riglon,Noah Cuofna 27M t //J Anti.-Q;,N,14."�461 1 FAX 262.848 0476 1 Wamek www.n000asqkmnapwLnod n�'�.I c,'b;ri:,7 ,,y 1 AN1�ma�vc A4SIm�[mhusyar-50%Racydfla 110'�7osl C�nwrrrr p9pbt i i i �COAS1qt� as North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Jim D. Simons, P.G., P.E. State Geologist &Director c-, Division of Land Resources era � 5 FROM: Doug Huggett Major Permits Processing Coordinator NOV 2 1 ?004 DATE: 15 November 2004 M(7rf► -lead City L)CM SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Mr. Kendall Turnage, Environmental Professionals, Inc. (Authorized Agent for: Waldrop Heirs, c/o Robert P. Waldrop) PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a 6'wide x 184' long pier with an 8' x 12' L-head platform and 3-3' x 15' finger piers accessing 6 proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds. Please indicate below your position or viewpoint on the proposed project and return this form by 6 December 2004. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attach co ments. Signed Date One NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naft(rallty Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neN An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper t �pF COASTgT� S 3 `1 i North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. William McNeil Director. , Division of Community Assistance NOV 2 1 Z004 FROM: Doug Huggett Major Permits Processing Coordinator Morehead City DCM DATE: 15 November 2004 SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Mr. Kendall Turnage, Environmental Professionals, Inc. (Authorized Agent for: Waldrop Heirs, c/o Robert P. Waldrop) PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a 6'wide x 184' long pier with an 8' x 12' L-head platform and 3-3' x 15' finger piers accessing 6 proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds. Please indicate below your position or viewpoint on the proposed project and return this form by 6 December 2004. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. 1,-----'This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the /� attached comments. Signed r�S ; aa4 � Date ll-aa -D,,5�4 ne NoOrth Carolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A apt COAST,gT? a DEC 7 2*rt rolina Department of Environment and Natural Resources Division of Coastal Management M ilL%#PAP WPGovernor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Patty Fowler NCDENR 0 ,� Division of Environmental Health z FROM: Doug Huggett Nov 3 2ooa Major Permits Processing Coordinator SHELLFISH SANITATION DATE: 15 November 2004 + /a•z •o 4 SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Mr. Kendall Turnage, Environmental Professionals, Inc. (Authorized Agent for: Waldrop Heirs, c/o Robert P. Waldrop) PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a 6'wide x 184' long pier with an 8' x 12' L-head platform and 3-3' x 15' finger piers accessing 6 proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds. Please indicate below your position or viewpoint on the proposed project and return this form by 6 December 2004. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. __-- See &++4 A e:-J n ,z —A f 5 REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed _ — . > i v I p Date NorthCarolina. 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1 �pE COASTgT� a NOV 3 0 2004 North Carolina Department of Environment and Natural Resources Division of Coastal Management MorehOdY4vernor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM �R TO: Joe Henderson D E C E V NC Department of Administration State Property Office NOY 1 8 2004 FROM: Doug Huggett 1 9 Major Permits Processing Coordinator POA STfATF PRI t;PUTY OFFICE DATE: 15 November 2004 SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Mr. Kendall Turnage, Environmental Professionals, Inc. (Authorized Agent for: Waldrop Heirs, c/o Robert P. Waldrop) PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a 6'wide x 184' long pier with an 8' x 12' L-head platform and 3-3' x 15' finger piers accessing 6 proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds. Please indicate below your position or viewpoint on the proposed project and return this form by 6 December 2004. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested.. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed rZJ Date I a3 nc NoOrthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 JVatura!!y Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action�mployer—50%Recycled 110%Post Consumer Paper M VVR apt CW7g1?saw _ ' �6 DEC 0 2 2004 NOV 18 2004 North Carolina Department of Environment and Natural Resources Morehead Clt� DC Division of Coastal Management 4VORC.�SERVA'!A DFFM Michael Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM wN-- '3056 TO: Renee Gledhill-Early NC Department of Cultural Resources 12, Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator DATE: 15 November 2004 SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Mr. Kendall Turnage, Environmental Professionals, Inc. (Authorized Agent for: Waldrop Heirs, c/o Robert P. Waldrop) PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a 6'wide x 184' long pier with an 8' x 12' L-head platform and 3-3' x 15' finger piers accessing 6 proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds. Please indicate below your position or viewpoint on the proposed project and return this form by 6 December 2004. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date ( 2 ` 1 'O 4 ne NoOrthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOV 2 2 2004 �consrgr� North Carolina Department of Environment and Natural Resources 62004 , Division of Coastal Management i Michael F. Easley, Governor Charles S. Jones, Director William �. z �� y MEMORANDUM 17IR Y OM TO: Maria Tripp R, -1 NC Wildlife Resources Commission = Pd 0 ` �. j:;���sss F•_��V ...4 Cal FROM: Doug Huggett 6' Major Permits Processing Coordinator '•;r�z•_;" ' 'A�' DATE: 15 November 2004 SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Mr. Kendall Turnage, Environmental Professionals, Inc. (Authorized Agent for: Waldrop Heirs, c/o Robert P. Waldrop) PROJECT LOCATION: Beaufort County PROPOSED PROJECT: The applicant proposes to construct a 6'wide x 184' long pier with an 8' x 12' L-head platform and 3-3' x 15' finger piers accessing 6 proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds. Please indicate below your position or viewpoint on the proposed project and return this form by 6 December 2004. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 12- to- Uz> 4 nc NoOrthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www,nccoastalmanagement,netl An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper RECEIVED - SEP 3 0 2004 •� �,• DIV.OF COASTAL MANAGEMENT RALEIGH North Carolina Department of Cultural Resour. s State Historic Preservation Office Peter B.Sandbeck,Administrator Michael F.Easley,Governor 0 ice of Archives and History Lisbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretary David Brook,Director September 28, 2004 Morehead pity DOiV'0 Brian Rubino Quible &Associates,P.A. P. O. Drawer 870 Kitty Hawk, NC 27949 Re: Environmental Assessment for Property in Belhaven, Beaufort County, ER 04-2514 Dear Mr. Rubino: Thank you for your letter of September 13, 2004, concerning the above project. We have conducted a search of our files and maps and determined that the proposed project area is located within the National Register-eligible Belhaven Historic District. Upon reviewing the project materials,we find that the proposed undertaking is likely to adversely affect the historic district. The planned activities are, therefore, subject to review under Section 106 of the National Historic Preservation Act and the regulations of the Advisory Council on Historic Preservation. We are unable to determine current site conditions based upon the aerial photograph submitted. To complete our revi ew,we request that you send photographs of each elevation of any structure fifty years old or older, which is proposed for demolition. Furthermore,we need to see a site plan,which includes the 42-slip marina facility, as well as schematic drawings, or eight or nine photographs (Polaroid or digital are fine) as representative samples of the residential condominiums to be constructed. In particular we are interested in gaining a better understanding as to how the new development will relate to the historic district. We will complete our review upon receiving this information. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning this comment, please Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699.4617 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6545/715-4801 contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project,please cite the above tracking number. Sincerely, tceter Sandbeck c. ,-P Mg Huggett, DCM/Morehead DevelmnentType FIB DCM% DWQ% 1430016014351000931625 6253 43001602 435100095 2341) 7Pfi� vate,non-�erzraf fevelopment that does not ftrA" S250 100%(S250) the filling or excavation of any wetlands or open water areas: 11. PubtiC or cornmetcial development that does not involve the Elting or saoo 100%(saoo) o%(so) excavation of any wetlands or open water areas: Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A.B.C,or D below applies: ` III(A). For Private,non-commercial development,If General water Quality Certification No.33D1(see attached) SM 10D%(S250) 0%(SO) can be appfed: is lll(Bk For public or eommerzial development J General water Quality SAIDO 100%(5400) 0%($O) Certification No .3301(see attached) can be applied: lll(C} If General Water Quality Certification No.3301(see attached) could be appled,but DCM staff determined that additional review and S40D 60%(S240) 40%(S160) written DWQ concurrence is needed because of concerns related to water quarrty or aquatic life: lllp. If General Water Duality Certifioation No.3301(see attached) S400 60%(S240) 40% (S160) can not be apprie� IV. For development that involves the filing and/or excavation of more S475 60 ro(S2E5) 40%(S190) than one acre of wetlands and/or open water areas: a 1 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 15 November 2004 WASHINGTON DAILY NEWS Post Office Box 1788 Washington, NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 18 November 2004 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3821. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notices, and an original invoice to JAYE POOLE, COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638. Thank you. Sincerely, Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed: Original mailed: //--/.S—D '� oce N hcarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:wwriccoastalmanagement.net/ An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b)that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 9 November 2004. According to the said application, Mr. Kendall Turnage, Authorized Agent for Environmental Professionals, Inc., Agent for Waldrop Heirs, c/o Robert P. Waldrop, proposes to construct a 6'wide x 184' long pier with an 8'xl2' L-head platform and 3-3'xl5' finger piers accessing six proposed slips. Applicant also proposes to excavate a 30' wide x 70' long area between two existing relic borrow ponds, at property located off SR 1777, Barnes-Foster Loop Road, on Jordan Creek off the Pungo River in Beaufort County near Belhaven, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC during normal business hours. Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638 prior to 13 December 2004 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision, Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 18 November 2004 in the Washington Daily News for the NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH NC 27699-1638, ATTN: JAYE POOLE. 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 15 November 2004 Mr. Kendall Turnage, Authorized Agent Environmental Professionals, Inc. Post Office Box 3368 Kill Devil Hills,NC 27948 Dear Mr. Turnage: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located off SR 1777, Barnes-Foster Loop Road, on Jordan Creek off the Pungo River in Beaufort County near Belhaven, North Carolina. It was received on 9 November 2004 and appears to be adequate for processing at this time. The projected deadline for making a decision is 2 January 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. If this agency does not render a permit decision within 70 days from 9 November 2004, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. N.C.G.S. I I3A-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 the property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. No e hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Yat all f Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper Mr. Kendall Turnage, Authorized Agent Environmental Professionals, Inc. 15 November 2004 Page Two 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. Sincere Steven J. Trowell,Field Representative Division of Coastal Management Washington Regional Office ENCLOSURE c: Doug Huggett Terry Moore Waldrop Heirs, c/o Robert P. Waldrop, 2278 Lystra Drive, Chapel Hill, NC 27517-8861 r 1 4 o AMA ERMIT APPLIED FOR PROJECT: Nm� 4 W AN TX12LAEOLATFOW Y-- ,Z- .3 /X l5' 1=/fo&E - IUs Acczssito& Cn PQopo51b5 L4os. A PPLiCA fQ T cZCo TOO Po,-SE, To VA-16 7v' Lbn1G E-T YJ E PJ 2 EX I Z 1 o ?o DFF S TN PIJ 1,1 n PIVEP , u��e Ll lqe. t�ov�lr►e�2�?.�� LEGI��No7r<c�. 1WA3 R �NG-TOX� y K E.u)s COMMENTSACCEPTED THROUGH IS l likWAEL N4 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 64DA LL ctAar�S5ID�A & 3-%Evi T. 1?ZukU.� r,C-Lb Rr=�°. o�21N,4t��Lol° C[> 1125 C �i' 1i tof> -'1r -D►V• 0 E A STH V A W G F- U T V1<< T)N ) L N)LLs C Zlg4S 0 WASH )N&104 NC 27289 252-441- n 234 22-q4 - 38s4 ENVIRONMENTAL September 30,2004 CERTIFIED MAIL PROFESSIONALS INC. RETURN RECEIPT REQEUSTED PLANNING FOR A BETTER ENVIRONMENT Foster J. Salotti and Frances Salotti 141 Hilda Grace Lane Cary,NC 27519 Re: Waldrop CAMA Major Application Dear Mr.and Ms. Salotti, This correspondence is to notify you as a riparian property owner that Robert Waldrop(and his siblings) are applying for a CAMA Major permit on behalf of his family to repair/replace the existing bulkhead, construct a new 100 LF bulkhead with return walls,construct a pier with a platform,finger slips,mooring pilings,excavate the area between the two ponds on their property and create a silt fence enclosed spoil disposal area.The application and sketch are included for your review. If you have no objection to the proposed activity,please mark the appropriate statement below and return to Environmental Professionals, Inc as soon as possible. If no comments are received within thirty(30)days of receipt of this notice,it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr. Terry Moore of the North Carolina Division of Coastal Management,943 Washington Square Mall,Washington,NC 27889. If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC Division of Coastal Management. Sincerely, f, Kendall Turnage �I I have no objection to the project described in this correspondence. �}-I have objection to the project described in this correspondence. goort Z V •,.�.,�u.�� /84ct.2Gd�/ SIGNATURE DATE P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 252 -441 - 0239 FAX : 252 -441 - 0721 9 EMAIL : environmentalpro ® earthlink . net :X �'r September 30,2004 CERTIFIED MAIL RETURN RECEIPT REQEUSTED ENVIRONMENTAL PROFESSIONALS =rINC. PLANNING FOR Bill Holden A BETTER 41 Jordan Dr. ENVIRONMENT Belhaven,NC 27858 Re:Waldrop CAMA Major Application Dear Mr.Holden, This correspondence is to notify you as a riparian property owner that Robert Waldrop(and his siblvigs) are applying for a CAMA Major permit on behalf of his family to repair/replace the existing bulkhead, construct a new 100 LF bulkhead with return walls,construct a pier with a platform,finger slips,mooring pilings,excavate the area between the two ponds on their property and create a silt fence enclosed spoil disposal area.The application and sketch are included for your review. If you have no objection to the proposed activity,please mark the appropriate statement below and return to Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days of receipt of this notice,it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr. Terry Moore,District Manager,North Carolina Division of Coastal Management, 943 Washington Square Mall,Washington,NC 27889. If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC Division of Coastal Management. Sincerely, Kendall Turnage I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P. O . BOX 3368 9 I( ILL DEVIL m1-IILLS , NORTH CwAROLINA 279+48 - 33f; R o ��1S ? -an. 1 01 September 30,2004 CERTIFIED MAIL ENVIRONMENTAL RETURN RECEIPT REQEUSTED PROFESSIONALS INC. PLANNING FOR A BETTER Pattie Dixon Miller ENVIRONMENT PO Box 1508 Buxton,NC 27920 Re: Waldrop CAMA Major Application Dear Ms Miller, This correspondence is to notify you as a riparian property owner that Robert Waldrop(and his siblings) are applying for a CAMA Major permit on behalf of his family to repair/replace the existing bulkhead, construct a new 100 LF bulkhead with return walls,construct a pier with a platform,finger slips,mooring pilings,excavate the area between the two ponds on their property and create a silt fence enclosed spoil disposal area.The application and sketch are included for your review. If you have no objection to the proposed activity,please mark the appropriate statement below and return to Environmental Professionals,Inc as soon as possible. if no comments are received within thirty(30)days of receipt of this notice, it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr.Terry Moore District Manager,North Carolina Division of Coastal Management,943 Washington Square Mall, Washington,NC 27889. If you have questions about the project,please do not hesitate to call me at 252441-0239 or the NC Division of Coastal Management. Sincerely, Environmental Professionals, Inc. Kendall Turnage I have no objection to the project described in this correspondence. J p J P I have objection to the project described in this correspondence. SIGNATURE DATE P. O . BOX 3368 KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 • 252 - 441 -0239 FAX : 252 - 441 - 0721 EMAIL : environmentalpro ® earthlink . net September 30,2004 CERTIFIED MAIL RETURN RECEIPT REQEUSTED ENVIRONMENTAL PROFESSIONALS -INC.--== PLANNING FOR Duncan Fagundus A BETTER 1850 West Arlington Boulevard ENVIRONMENT Greenville,NC 27834 Re:Waldrop CAMA Major Application Dear Mr.Fagundus, This correspondence is to notify you as a riparian property owner that Robert Waldrop(and his siblings) are applying for a CAMA Major permit on behalf of his family to repair/replace the existing bulkhead, construct a new 100 LF bulkhead with return walls,construct a pier with a platform,finger slips,mooring pilings,excavate the area between the two ponds on their property and create a silt fence enclosed spoil disposal area.The application and sketch are included for your review. If you have no objection to the proposed activity,please mark the appropriate statement below and return to Environmental Professionals, Inc as soon as possible. If no comments are received within thirty(30)days of receipt of this notice,it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr.Terry Moore,District Manager,North Carolina Division of Coastal Management,943 Washington Square Mall,Washington,NC 27889. If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC Division of Coastal Management. Sincerely, Kendall Turnage ✓ I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 -:NDER: COMPLETE THIS SECTION i COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1, 2, and 3.Also complete A. Signature p P ■ Complete items 1,2,and 3.Also complete A. Si lure item 4 if Restricted DeliveryIs desired. ❑Agent X �(�1'Yl �1?L. ❑Addressee item 4 if Restricted Delivery is desired. X ' El Agent Print your name and address on the reverse ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Rece by(Print d me) C. D to of Delivery so that we can return the card to you. B. ec i ed by P i Na C..Dat of ive - me Attach this card to the back of the mailpiece, L4Yr ,�6t1 e!� �S ■ Attach this card to the back of the mailpiece, or on the front if space permits. or on the front if space permits. D. Is delivery address different from item 1 ❑IYes Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: ❑ No 1. Article Addressed to: If YES,enter delivery address below: ❑ No Mr. Duncan Fagundus Ms. Pattie Dixon Miller i850 West Arlington Boulevard P.O. Box 1508 Jreenville, NC 27834 3. Service Type Buxton, NC 27920 ❑Certified Mail ❑ Express Mail 3. Service Type ❑ Registered ❑ Return Receipt for Merchandise 35KCertified Mail ❑ Express Mail ❑ Insured Mail ❑ C.O.D. i ❑ egistered ❑ Return Receipt for Merchandise ❑ Insured Mail El C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restricted Delivery?(Extra Fee) ❑ Yes Article Number 7 0 0 4 1160 0006 4240 6492 2. Article Number (Transfer from service label) (Transfer from service label) 7004 1160 0006 4240 6508 3 Form 3811,August 2001 Domestic Return Receipt ^3 102595-02-M-0835I PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0835 COMPLETESENDER: COMPLETE THIS SECTION 00 DELIVERY COMPLETE ■ Complete items 1,2, and 3.Also complete A. Si In lure item 4 if Restricted Delivery is desired. I Z ❑Agent ■ Complete items 1, 2, and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑q Print your name and address on the reverse X ❑Addressee ■ Print your name and address on the reverse X J gent so that we can return the card to you. �ddresseE B. Recei d by( inted Name) C. Date of Delivery so that we can return the card to you.Attach this card to the back it the mailpiece, y B. Received by(Printed Name) C. Dat bf De ve or on the front if space permits. ■ Attach this card to the back of the mailpiece, D. Is delivery address different from item 1? ❑ Yes or on the front If space permits. /Cl (,� / 27 1l D� Article Addressed to: If YES,enter delivery address below: 1-1 No1. Article Addressed to: D. Is delivery address different from item 1? es If YES,enter delivery address below: ❑ No l V%ri2D IL Foster J. Salotti & Frances Salotti Mr. Bill Holden 11jC a 141 Hilda Grace Lane 41 Jordan Drive Cary, NC 27519 3. Service Type Belhaven, NC 27858 3. KRegistered Service Type ❑ Certified Mail Express Mail ertified Mail ❑ Express Mail Insured Mail ❑ C.O.D.Registered ❑ Return Receipt for Merchandise ❑ Return Receipt for Merchandise ❑ El Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ yes 4. Restricted Delivery?(Extra Fee) El Yes Article Number 7004 1160 0006 4240 6522 2. Article Number (Transfer from service label,, (rransfer from service label) 7004 116 0 0006 4240 6 515 S Form 3811,August 2001 Domestic Return Receipt T ?,O r�i 1 102595-02-M-0835 PS Form 3811,August 2001 Domestic Return Receipt G J 6 (� C k%h 102595-02-M-083! *No title examination has been performed by this preparing attorney for the property in this conveyance. Prepared By: Micah D. Ball, Atty. Greenville, North Carolina NORTH CAROLINA BEAUFORT COUNTY GIFT DEED Tax Parcel: 07-005972 & 07-005973/Account 36519 THIS GIFT DEED made and entered into this the ay of July, 1998, by and between PAUL E. WALDROP; JR. and wife, BONNIE E. WALDROP, of Pitt County, North Carolina,Grantors;and BONNIE ANN WALDROP GADO,of 924 Colonial Road, Franklin Lakes, New Jersey 07417, RICHARD EDWARD WALDROP of 184 Brush Hill Road, Kinnelon, New Jersey 07405,HELEN MARIE WALDROP YOUNGBLOOD of 3012 Ridge Road,Durham,North Carolina 27705 and ROBERT PAUL WALDROP of P.O.Box 264, Bynum,North Carolina 27228, Grantees; WITNESSETH: That Grantors in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to them in hand paid by the Grantees, the receipt of which is hereby acknowledged,have bargained and sold and by these presents do hereby bargain, sell, and convey unto Grantees,their heirs and assigns, in fee simple, all the Grantors right,title and interest, being a twenty-five percent(25%) undivided interest to each Grantee, in those certain lots or parcels of land lying and being in Bath Township, Beaufort County, North Carolina, and being more particularly described as follows: TRACT ONE: Beginning at an iron pipe in the Northern edge of Jordan Drive,a corner of Lots numbered 5 and 6 on the herein referenced map; thence along the edge of Jordan Drive,North 81 degrees 16 minutes East 150 feet to an iron pipe; thence North 8 degrees-44 minutes West.54.1 feet to an iron pipe; thence North 23 degrees 38 minutes West 194.44 feet to an iron pipe; thence 8 degrees 44 minutes West 12.0 feet to an iron pipe in the edge of Jordan Creek; thence with the edge of Jordan Creek, South 43 degrees 06 minutes West 63.6 feet to an iron pipe;thence still along the edge of said creek,South 48 degrees 05 Gift Deed. Page 2 minutes West 59.74 feet to an iron pipe, the corner of Lots 5 and 6; thence South 8 degrees 44 minutes East 182 feet to the point of beginning, comprising all of Lots 6, 7 and 8, as shown on map of W. B. Duke, dated 9/6/83. A copy of said map is attached to a Deed to Melvin R. Potter and wife recorded in Book 833 at Page 880,Beaufort County Registry. The above described property is part of land shown as Lots 84, 83 and part of 82, on a map entitled, "Property of W.E.Miller",which large map is recorded in the Beaufort County Registry in Map Book 18, at Page 96._ TRACT TWO: Being all of lot 85 as shown on a plat entitled..".Property of_W..E. Miller", by Ellis and Phelps, dated September, 1966 and recorded in Map Book 18, Page 96, Beaufort County Registry. Being also shown as Lot 5,Block "B" on a map by W. B. Duke, Registered Land Surveyor, dated September 6, 1977 entitled "Plan of Land Resurveyed For W. E. Miller", recorded in Book 833 at Page 677, Beaufort County Registry. Being the same as conveyed to Melvin R. Potter and wife by Deed recorded in Book 831, Page 531, Beaufort County Registry. This being the same property conveyed by deed dated March 24, 1986 to the Grantors recorded in Book 862, at Page 635, of the Beaufort County Registry and being a part of the same property, interests of which were conveyed by Quitclaim deed dated April 4, 1986 from William E. Miller and wife, Ethel B. Miller, of Beaufort County,North Carolina, recorded in Book 862 at Page 633, of the Beaufort County Registry. TO HAVE AND TO HOLD the foregoing described fee simple interest in those certain lots or parcels of land and all privileges and appurtenances thereunto belonging or in anywise appertaining unto the said Grantees, their heirs and assigns, in fee simple forever Gift Deed, Page 3 IN TESTIMONY WHEREOF, the said Grantors have hereunto set their hands and seals this the day and year first above written. ltwt' (SEAL) PAUL E. WALDROP, JR. BONNIE E. WALDROP STATE OF NORTH CAROLINA r COUNTY OF I,� ���!) Q�a� Notary Public in and for the aforesaid County and State do hereby certify that PAUL E.WALDROP and wife,BONNIE E.WALDROP,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notary Seal this the —day of July, 1998. A� 1r Notary Public My Commission Expires: Ma.,� 5,1 afloa,