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HomeMy WebLinkAbout38-05 Sea Harbour Condominum Yacht Club Permit Class Permit Number NEW 38-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 0/' IVA �rll�tt 0-�. 19�o for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 ®; X Excavation and/or filling pursuant to NCGS 113-229 Issued to Sea Harbour Condominium Yacht Club, PO Box 205, 6020 Harbour Way, Oriental,NC 28571 Authorizing development in Pamlico County at Pierce Creek, Dolphin Creek and Bonita Channel Town of Oriental , as requested in the permittee's application dated 10/11/04(MP-1). 12/6/04 (MP-2) & 10/20/04(MP-4, MP-6), incl. attached drawings(17), 1-16 Of 16,all dated 10/20/04& location map dated 9/04 This permit, issued on March 16, 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. IN-taintenance Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal 4 Management, in consultation with the Division of Marine Fisheries. 2) Excavation shall not exceed -9 feet below the normal water level in Pierce Creek and -8 feet below the normal water level in Dolphin Creek and Bonita Channel. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No vegetated wetlands shall be excavated or filled. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department / personnel when the project is inspected for compliance. / tl l/ Any maintenance work or project modification not covered % arles S. Jones, Director 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. Y. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. ignature of Permittee Sea Harbour Yacht Club Permit #38-05 Page 2 of 5 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands shall not be not authorized. 5) No excavation shall take place at any time outside of the alignment of the area indicated on the attached workplan drawings. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at(910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. y Spoil Disposal 6) All excavated materials shall be confined above the normal water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7) The disposal area shall be inspected and approved by a representative of the Division prior to the initiation of any dredging activities. 8) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal water level to prevent gully erosion and unnecessary siltation. F 9) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. i 10) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 11) The diked disposal area shall be constructed a sufficient distance from the normal water level or any vegetated wetlands to eliminate the possibility of dike erosion into surrounding wetlands or waters. NOTE: The Division of Marine Fisheries has expressed a concern that by dredging an area that is not designated as Primary Nursery Area (PNA), and returning effluent to an area that is designated as a PNA, the possibility exists that pollutants will be introduced into the Whitaker Creek PNA system. The permittee is encouraged to examaine other spoil disposal options that would not lead to effluent being placed in waters designated as PNA's. Extension of Dock A 12) The proposed extension of "Dock A" into Pierce Creek, and the resulting creation of three additional x boat slips, is not authorized by this permit, and any and all references to this extension in the attached permit application and workplan drawings is hereby deleted. l --4 FSeaHarboour Yacht Club Permit #38-05 Page 3 of 5 ADDITIONAL CONDITIONS Dock C and Dock D Fin2er Pier Extensions 13) The authorized extension of the 12 finger piers of "Dock C" and "Dock D" shall not exceed the limits depicted on the attached workplan drawings. 14) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina 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. 15) The authorized structures and associated activity shall not cause an unacceptable interference with navigation. 16) This permit authorizes only the finger pier extensions and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 17) 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. 18) The authorized structures and associated activity shall not cause an unacceptable interference with navigation. 19) 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. 20) 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. 21) 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. Wetland Protection Sill 22) The riprap shall be placed immediately waterward of the erosion escarpment. 23) The riprap shall be positioned so as not to exceed a maximum of three feet waterward of the erosion escarpment at any point along its alignment. y r \ Sea Harbour Yacht Club Permit #38-05 Page 4 of 5 ADDITIONAL CONDITIONS 24) The riprap shall be positioned so as not to exceed a maximum of one foot above the elevation of the adjacent marsh substrate. 25) No backfill of the sill is authorized. 26) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the site by wave or current action. 27) Riprap material shall consist of clean `rock or masonry materials such as marl, granite or broken concrete. 28) If the crossing of wetlands with mechanized or non-mechanized construction equipment is necessary, temporary construction mats shall be utilized for the area(s) to be crossed. The temporary mats shall be . removed immediately upon completion of construction of the riprap structure. 29) The pen-nittee shall maintain the structure in good condition and in conformance with the terms and f conditions of this permit, or the remaining riprap structure shall be removed within 90 days of notification from the Division of Coastal Management. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this F plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. I f, 30) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). Stormwater Management 31) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7041022 on 1/14/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. r .000noo Sea Harbour Yacht Club Permit #38-05 Page 5 of 5 ADDITIONAL CONDITIONS General 32) 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. 4 33) This permit does not, authorize any increase in the number of boat slips at the marina. The number of slips at the marina remains at 88. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 50 feet of the normal water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 041988), which was issued on 1/18/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510188. 1 i J F .rrov.r.m �� ia 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 16, 2005 Sea Harbour Condominiums Yacht Club,Inc. ATTN: Mr. Landon Winstead P.O.Box 205 Oriental,NC 28571 Dear Sir: 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, P076d- V. lij-�A Douglas V. Huggett Major Permits and Consistency Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper j f \ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sea Harbour Condominium Yacht Club, Indworei lLti Li 2. LOCATION OF PROJECT SITE: Adjacent to Pierce Creek at the terminus Harbour Wdy']rti(A4 Oriental, Pamlico County Photo Index—2000: 78-857 (Indexed by Q-R, 17) 1995: 78-854(Indexed by K-L, 19) State Plane Coordinates—X: 2697800 Y: 477878 Rover#: MI 11620A 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visits—October 20, 2004/November 16, 2004 Was Applicant Present—Yes/Yes 5. PROCESSING PROCEDURE: Application Received—December 8, 2004 Office—Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan—Town of Oriental Land Use Classification From LUP—Community and Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependant: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing—Bay River Metropolitan Sewer System Planned—None (F) Type of Structures: Existing—Marina Clubhouse, outbuilding and 88 boatslips Planned—3 additional boatslips, 12 finger pier extensions and 30' of riprap sill for coastal wetland protection. (G) Estimated Annual Rate of Erosion: Less than I foot per year Source—Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Public Trust Areas and Estuarine Waters 4305 sf of the Neuse River and Pierce Creek, 567,017 sq. ft. 90 sq. ft. usurped, of Dolphin Creek, and Bonita Channel which 1079 sf is shaded (B) High Ground (Spoil Area) 395,525 sq. ft. (D) Total Area Disturbed: 966,937 sq. ft. (E) Primary Nursery Area: Pierce Creek—No (project area); Dolphin Creek—No; Bonita Channel -No (F) Water Classification: Pierce Creek SA; HQW,NSW Open: No Neuse River SA; HQW,NSW Open: Yes 8. PROJECT SUMMARY: The applicant proposes the maintenance excavation of an existing channel, the construction of a riprap sill for wetland protection, the extension of 12 existing finger piers, and the addition of 3 boat slips onto an existing 88-slip marina. Field Investigation Report: Sea Harbour Condominium Yacht Club, Inc. Page 02 ~ ---------------------------- i 9. PROJECT SETTING: The property consists of an approximately 1.5-acre lot at the terminus of Harbour Way, adjac6ltyb ilw confluence of Pierce Creek, Dolphin Creek, and Bonita Channel, in Oriental, Pamlico County. This site lies within the community of the Sea Harbour Condominiums. Currently,the SHC Yacht Club owns a clubhouse with pool, an outbuilding, and a marina consisting of 3 docks with 88 slips,marine pumpout, and fuel. According to the applicant,this marina has operated since 1975. The property has 1321' of shoreline,with approximately 100' to 200' of bulkhead near the point of confluence of the creeks. Juncus roemerianus, SSpartina cyposuroides, and SSpartina patens line the remaining shoreline, ranging from 20' to 240' in width. The land rises quickly from the coastal wetlands to high ground with elevations of 7' to 8' above MSL. Water depths in Dolphin Creek range from-1.2' to -6.8' normal water level (NWL)with an average depth of—5' NWL. Water depths in Bonita Channel range from -2.3 to -7.0' NWL with an average of -5.2' NWL. Water depths in Pierce Creek range from -1.7' to -12.7' NWL with an average of-6.4' NWL. Submerged aquatic vegetation was not observed along the shoreline during the site visit. Pierce Creek and its tributaries are classified SA; HQW and NSW in the project area and are closed to the harvesting of shellfish. The Neuse River in the project area is classified SA; HQW and NSW and is open to shellfish harvesting. Pierce, Dolphin, and Bonita Creeks are not designated as Primary Nursery Areas in the area of the project. Pierce Creek is designated as a PNA just upstream of the project area. The body of water at the location of the marina expansion is approximately 625' across. The proposed disposal site for the dredge spoils is an 11.6-acre tract on the south side of White Farm Road, with the entrance to the site located across the intersection of White Farm Road and Harbour Way. The site has recently been logged and the three spoil areas have been designed on high ground to avoid any impact to any wetlands on the property. This property is owned by the applicant. 10. PROJECT DESCRIPTION: The applicant proposes to extend existing dock"A"an additional 41' into Pierce Creek to create 3 additional boat slips. Two boat slips would be 50' long x 18' wide and one would be 50' long x 20' wide. Also proposed is the extension of 12 finger piers on"C"and"D"docks. The finger piers currently extend half the length of each boat slip and would be extended to the tie pole at the end of each boat slip. The finger piers would be extended between 13' and 20' in length and would be 2' in width. A 3' wide by 30' long riprap sill is proposed for construction waterward of coastal wetlands to protect them from ongoing erosion. The escarpment at the edge of the wetlands is approximately 1' above NWL. This marsh system is eroding at a rate of 0.25'/year as stated by the applicant and confirmed by aerial photography. The rock sill is proposed to be placed in water approximately 1' deep and extend 2' above the water. This would result in the structure extending 1' above the level of the adjacent marsh substrate. The proposed sill would extend waterward of the marsh edge by 3'. No backfill of the structure is requested. Lastly, the applicant proposes to maintenance excavate the Pierce Creek navigation channel and two of its tributaries, Dolphin Creek and Bonita Channel. The Pierce Creek section would be 3200' in length and Field Investigation Report: i Sea Harbour Condominium Yacht Club, Inc. Page 03 100' in width. The Dolphin Creek and Bonita Channel section would total 2300' in length and vary in width from 40' to 117'. The top and bottom widths of the cuts are the same, resulting in a box cut. All areas proposed for dredging have been excavated previously, which is evident in the aerial photography, as well as having been authorized under a Dredge and Fill Permit#271 and CAMA Major Permits 93-84, 76-93, and 128-97. Current depths would be increased by 3.5' within Pierce Creek, and by 2.5' in Dolphin Creek and Bonita Channel,resulting in finished project depths of-9' NWL in Pierce Creek and—8'NWL in Dolphin Creek and Bonita Channel. The dredging phase of the project will be conducted using a hydraulic dredge and barge mounted excavator, with the spoils offloaded to truck at the marina ramp location. The dredge spoils are to be placed on high ground at an 11.6-acre offsite location on the south side of White Farm Road. This spoil disposal area is owned by the applicant and is available for future use. The marina is currently serviced by a marine pumpout located at the end of"A"dock, and has fuel tanks in a diked containment area on high ground near the clubhouse. Fuel is hand delivered to boats via a fuel caddy. 11. ANTICIPATED IMPACTS: The addition to dock"A"would project out into Pierce Creek a total of 294' as proposed. Pierce Creek is approximately 625' wide in the vicinity of the proposed dock. The addition if permitted would extend 47% across the width of the creek. This may further impede local navigation and would usurp an additional 3,986 sq. ft. of Estuarine Waters and Public Trust Area including shading impacts of 760 sq. ft. The 12 finger pier extensions would not usurp any additional Public Trust Area or Estuarine Water, however, the extensions will shade an additional 319 sq. ft. of Public Trust Area and Estuarine Water. The riprap sill will result in the filling of 90 sq. ft. of Public Trust Area, Estuarine Water within shallow bottom habitat. The construction of this structure may cause temporary, short-term turbidity impacts immediately adjacent to the project. The rock proposed for use is marl riprap, and consequently should not be expected to move in this system. The dredging will disturb approximately 567,017 sq. ft. of previously dredged channel and canal bottom. This will result in 54,437 cubic yards of silt and sand spoil being deposited on 395,525 sq. ft. of high ground. The disposal site is located approximately 300' from the closest water body of Whittaker Creek. The effluent from the dredge spoils will flow into a UT to Whittaker Creek. Whittaker Creek is designated as a PNA,however, it is closed to the harvesting of shellfish. The influent and effluent from the dredging operation would therefore be withdrawn from and returned to waterbodies which are currently closed to the harvesting of shellfish. It is anticipated that a localized and short-term increase in turbidity will occur in conjunction with the dredging activity. Prepared By: Stephen Lane, Morehead City Date: December 9, 2004 Form DCM-NIP-1 , O C T 2 0 2004 I Moreh APPLICATO ead City ACM (To be completed by all applicants) b. City, town, community or landmark Oriental NC l.. APPLICANT c. Street address or secondary road number U20 Harbor Ziay a. Landowner: S Harbour Condominium Yacht Club Inc d. !s proposed work within city limits or planning Sea Name jurisdiction? X Yes No P.O. Box 205, 6020 Harbour Way Address e. Name of body of water nearest project (e.g. river, creek, sound, bay) Neuse River/Piers Crppk City State NC _ Zip 2$571 Day Phone 252-249-0808 3. DESCRIPTION AND PLANNED USE Fax 252-249-0808 OF PROPOSED PROJECT b. Authorized Agent: Name Landon Winstead a. List all development activities you propose (e.g. building a home, motel, marina,bulkhead,pier,and excavation andfor tilling actividn. Address Same as above Dredge entrance and side channels to oriw al depths. Stabilize short section of shoreline to protect.lree. Add 25' (3 slips) to main pier. city scat° Extend finger piers w0thon marina footprint_ Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Both Fax c. Will the project be for public,private or commercial use? -Pnblir& Commercial c. Project name (if any) Pierce Creek Maintenance Dredging Project d. Give a brief description of purpose,use, mtbods of coostruction and daily operations of proposed project. If more space is Deeded, please attach NOTE, p_.aj-4n!,.;-. d in name oflmidawnerer), mid/or additional Page' Project will provide access vessels projecf name. berthed at SITYC and private piers on the creek an side channels.Due to silting in the channel Wpassage of vessels with 5'or more draft is 2. LOCATION OF PROPOSED severly restricted in the low water summer months. roject will span several dredging seasons. Oct-Mar) PROJECT A hydraulic Dredge will likely be used for the entrance channel.A barge mounted excavator e use in the side channels. a. County Pamlico OCT 2 0 2004 Form DCM-r1P-1 Morehei liu u y J�C Morehead City DCM m. Describe existing wastewater treatment facilities. d. LAND AND WATER Bay River Regional Sewer CHARACTERISTICS 1.5 Acres Marina n. Describe location and type of discharges to waters a. Size of entire tract 11.6 Acres of the state. {For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash b. Size of individual lot(s) NSA down` and residential discharges.) c. Approximate elevation of tract above mHw or --- 3urfacg Rimnff __.. NWL Marina=7.5',PDisposal Site=7.7'-4.3' d. Soil e(s) and textures of tract o. Describe existing drinking water supply source. Marina=Dogue,Disposal Site=Do clue I Town of Oriental e. Vegetation on tract Marina=Coastal Mix Grass Spoil site=logged pine timber f. Man-made features now on tract Existing marina - ADDITIONAL m'FORMATIDN g buildings with 88 slips and supportin g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (corm the toaet land-e Plan.) following items must be submitted: X Conscrvation Tr2.nsitional Developed X Community 0 A c°PY or the del (wide start application only) or Rural other instrument under which the applicant claims title to the affected properties. if the applicant is not h. How is the Tract zv❑all by local govicenment? claiming to be the owner of said property, then Marina=Mixed use,Disposal site=unrestricted forward a copy of the deed or other instrument under which the owner claims title,plus written permission I. is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X _yes No (Attach Zoning tiv,npfianee aersificWc. JoPpG�) • An aowrate, dated work plat (intruding plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2' by 11' white paper. (Refer to done for the tract? yes N No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. is the project located in a National Registered please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Bing-line Register listed or eligible property? prints or other larger plats are acceptable only if an yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Cotes of 1. Are there wetlands on the site? X yes _ No Englneers regard4ig that agency's use of larger Coastal (marsh) No Other drawings.) A site or location map is a part of plat. If yes, has a delineation been conducted? a-y S requirements and it trust be sufficiently detailed t (Anach.4oaw,,r",,; . if awetahL) (applies to spoil site only) guide agency personnel unfamiliar with the area to the orm DCM_��'.1 F30CT 2 0 2004 Morehea C1ty... M site. Include highway or secondary numbers, tandrnarks, and the like. 6. CERTMrATION AND PERINUSSION TO EFFER ON LAND ' A Stormµ•ater Certification, if one is necessary. ' A list of the names and complete addresses of the 1 understand that any petwit issued in m3powe to thin adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received it wpr of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of sty knowledge, the proposed that they have 30 days in which to submit comments on the proposed project to the Division of Coastal activity-tx�mplies with the State of North Carolina's Hisnagemen[. Upon Signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name See attached list for property owners I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforemention.,d lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Addi ess proje.-I Phone 1 further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone °N This is the 1lth day of O an er A list of previous state or federal permits issued for work on the project act. Include permit numbers, print Nam^ Landon Win teed, Manager SITYC tr permittee, and issuing dates. Signature See attache lzmdou"er or Awhori:ed Agrw Please indicate attachments pertaining to your proposed • A check trade payable to the Department of project. Environment, Health, and Nawi al Resources (DEflN'ft) to cover the costs of processing the DCM MP-2 Excavation and Fill information application, _1DCM W-3 Upland Development ✓✓ DCM MP-4 Structures Information • A signed AEC hazard notice for projects to DCM MR5 Bridges and Culverts oceanfront and inlet areas. ►7 DCM W-6 Marina Development A statement or complianrP with the N.C. No E: please sign ttnd dnt,- earh arrachmenr in the -- Environmental Policy Act (N,C.G.S. 113A - 1 to space provided ar the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Mut urlead City L",,'N4 Form DCM h1p-6 tk . r n Ir DEC (i � i004 MARINA DEVELOPMENT 'W (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major g. Typical boat length 32' Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this h. Maximum boat length 55' proposed project. i. Are any floating structures planned? no If so, describe 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. _ x Commercial Public Residential 2.b. Will the marina be open to the general public? MARINA OPERATIONS Yes _X _ No a. Check each of the following sanitary facilities that c. if there is residential develupment associated with will be included to the proposed project. the marina, how many units or lots are planned and X Office toilets how many are currently developed? X Toilets for patrons —NC) Number 7 Location Clubhouse X Showers d. Check all of the types of services to he provided. — X Boat holding tank pumpout Full service, including travel lift and/or rail Type and location Dianhram Pump at end of oier- X Dockage, fuel, and marine supplies Aif irional lift station on shorelije to distance Dockage ("wet slips")only --� Number of slips R8 b. Describe treatment type and disposal location for all Dry storage sanitary wastewater, Bay River Metro Sewer District Number of boats Boat ramp(s) Other (describe) c. Describe the disposal of solid waste, fish offal and e. Check below the proposed type of siting. trash disposal. T—m ,f )rwntal wa-gte roll �tion Land cut and access channel Existing Open water with dredging for basin and/or channel Open water, no dredging required d. How will overboard discharge of sewage from boats Other (describe) be controlled?By Yacht Club Rules Rules and Leases for tenants. f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). Primarily Sail with occasional Power Cruisers e. Give the location and number of "No Sewage Discharge" signs proposed. %A Morehead �'Ioi`q 4�iIZ:A Form DCM-MP-6 SOWED O C T 2 0 2004 f. Describe the special design, if applicable, for o. is the mariM®{e�hoaldtloity B@M or containing industrial type pollutants, such as paint, secondary nursery area? X Yes No sandblasting waste and petroleum products. Marina has been in location since 1975. N/A p. Is the marina proposed within an area open to shellfish harvesting? Yes X No q. Give the location and number of "Pumpout Available" signs proposed. One sign at seaward g. Where will residue from vessel maintenance be of main pier adjacent to Pump Out station. disp sed of?Dennsited in a central lncatinn and delivered to transfer station at CRWMA in Sea Harbour Condominium Yacht Club, Inc. Pamlico County Pierce Creek Maintenance Dredging Proiect�t PoJect Name Ap& h. Give the number of channel markers and "No Signature Wake" signs proposed. _Twn additional channel i0l"10V makres will be added to existing channel. Date i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. Ni dTanks are located in diked containment. Fuel is delivered to boats in a fuel caddy. Fueling is monitored by marina staff. j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. N/A k. What will be the marina policy on overnight and live-board dockage? Liveaboard for Leo 30 dUs allowed by rules and leases.Longer periods must be approved by SITYC Board of Directors. 1. Is the proposed marina located near any shellfish leases? Yes X No If yes,give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, - what types of services are currently provided? NO , n n. How many slips are now available? 87 �^y Form DCM-l14'P-2 EXCAVATION O C T 2 0 2004 Morehead City DCM AND FILL, (Except bridges and culverts) Attach this form to Joint Application far CAMA Major Permit, Force DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below Elie purpose of proposeo excavation or NfHW ur NWL in cubic yards 54,437 cu.yd. fill activities. All values to be given in feet. b. Type of material to be excavated sand,silt&clay Ayerap naat rmtLength Width Depth Depth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Access On C/L on C/L (SAVs) or other wetlands? Yes _X No channel 3200 ft. 100 ft. -5.3'NWL -9'NWL IMLW)or WWI) for July 03 d. l lighground excavation in cubic yards Canal On C/L on C/L 2300 ft. Varying -5.4'NWL -8'NWL 17'to 40' for July 03 x. DISPOSAL OF EXCAVATED Boat IwIATERIAI, basin Boat a. Location of disposal area Oriental,Pamlico County .'ramp — see attached site ma b. Dimensions of disposal area 5 Acres Rock : ; 537'x 510'x 553'x 325' i xY d groin + . c. Do you claim title to disposal area? x Yes No Rock if no, attach a letter granting permission from the breakwater �, - . � �;�? owner. Other d. Will a disposal area he available for flmirr (Excluding maintenance? Y Yes No shorzluu If yes, where? =Wh n dry spoil will be removed staUi;,tion) from this site and trucked to other areas requiring fill. L e: Form DChI-MP-2 e. Does the disposal area include any coastal wetlands If yes, ' (marsh), SAVs.or other wetlands? (1) Amount of material to be placed in t' 0 Yes �x.__No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes x No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X No If yes, a. Type of shoreline stabilization (1) dimensions of fill area Bulkhead X ._12iprap (2) Purpose of fill b. Length 30' C. Average distance waterward of MHW or NWL 1 foot 5. GENERAL d. Maximum distance waterward of MHW or NWL 4 feet a. How will excavated or fill material be kept on site e. ShoreIine erosion during preceding 12 months and erosion controlled? Finished dike,will be seeded_ 3"beeinning to undercut lame tree wish� %tAi—as%mix and%ilt fen cs will protyct the (Source of infonmtfan) adiacent wetlands and the existing drainage ditch. f. Type of bulkhead or riprap material Stone/Marl b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Hv a ulic dreclac and and barge Mounted excavator will be (1) Riprap 2-5-Cu Y s usod in river&creek.Bulldozer and excavator used at disposal (2) Bulkhead backfUl S;� C. Will wetlands be ct5ssed in transporting equipment h. Typc of fill material Stony;/Marl to project site? Yea x No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material Local Mine Sea Harbour Condominium Yacht Club,Inc. 4. OTHER FILL ACTIVITIES Pierce CreetMai enance Dredging Project Applicant ar (Excluding Shoreline Stabilization) Sigaatttte a. Will fill material be brought to site? Lol�' Yes x No Date ' Revised 0319i G F` n V 8 2004 d Morehe a sty DCM I Form DCIII-.IvT4 STRUCTURES (Construction within Public Trust Areas) O C T 2 0 2004 Morehead City CCM Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) __,_ Commercial „_Community_Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) D:s:: ipdon of buoy Finger Pier Extension "C" & "D"Docks (Color, inscription, size, anchor, etc.) a. Docks) e--,d/or Picr(s) (1) _.,_,-,Commercial _Community _ Private (2) Number (3) Leng-.h (4) Wid:-- of water body (4) Wid[;, (5) Dis:::ac: buoy(s) to be placed be:cnd (5) First, Piers X Yes No sbo-e:ine (i) Dumber 12 (d) Lan_th Varies 13' - 20' f. Mooring st-.:crure (bortfirt, mooring pilings, (iii) width 2' (1) -„� Cornsnercial Community (6) Fa—.orm(s) Ya No (2) Num6tr (i) Number (3) Lan; (ii) Length (4 «'t4w (iii) Width (7) Number of slips proposed g. OL_her rC-Vt a--_-ree (8) Proximi-v or ,"ocr_:a to adja:ent riparian Project is to extend existing finger piers. property lines> 100' All work is with in the existing footprint (9) Width of watt;body > 70,- of the marina. The total i�cjese inRigf afea is (10) wz:2r depth at wart-ward end of pier at 319 sq. ft. NiLW or NWZ. NWL =5' b. Boa-,`touse (including covered lifts) Commc:,:ial Private (2) R ffCt�d Uy,� tbw (�/L/6 {3) IVidth AppU r ect\ame c. Groin (e.g. wood, 5hee?lie, a;c.) Sigwture (1) Number /)y (2) Length(s) -T Nit d. Brezuzer (e.g. wood, si:ee:Zile, etc.) (1) Length (2) Averaet distancs tom MHW, N'WL. or _ we;ands (3) Maximum distance beyond MHW, NWL or we-.lands ►v 3►7, y Form DCM-l1P4 '� STRUCTURES CS OU 2 0 2004 (Construction within Public Trust Areas) Morehead City DCM Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP•1. Be sure to complete all (1) ,_ Commercial „Community Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Deszription of buoy "A"Dock Extension (Color, inscription, size, anchor, et=.) a. Dock(s) emd/or Picr(s) (1) .X_Commercial _Community_Private (2) Number 1 (3) Lens-n 41' (4) Wide.of water body (-) Widtr, 5' (5) Dis=:e buoy(s) to be placed beyond (5) Finstr piers X Yes No shore'.ine (i) Number 2 Lzru-.n 55' f. Mooring sv%--rure (boetlirc, mooring pilings, (iii) Width 5' (1) _ Commercial _Comrnuniry—Private (6) Fariorrn(s) Y s No (2) Nu-ber (i) Number (3) Lend (li) Length (iii) Width (7) Nummber of slips proposed 3 additional g. Qther /Crive ,_retee (8) Proximity of sxucn.;ra to adjacent rip-;ar. Project is to extend Main pier at SITYC by 25' prt)pe ty lin•s> 100' trltp the Nsain channel of Pierce Creek and (9) Width of water body Varies 407' 3 slips to the marina. (10) Wa:er depth at Wa:erward end of pie. at hiLW or N-NkI. NWL = 7' b. Boau�ouse (including covered lifts) (1) Commcr_:-,1 Private (2) Len,l.► (3) Width Appt or Pro ett Name c. Groin (e.g. wood, sheemiie, etc.) S;g�a�urti (1) Number ' (2) LsngTh(s) l Df �B Date d. Breakwater (e.g. wood, shee-pile, etc.) (1) Length (2) Av.rage distant. tom MHW, NWL or _ weulands (3) Maximum dis.ance bevond MHW, NWL or wetlands .Y w�i+ R a r; F� \ w 4 Disposal Site Y \ gee 4 a A s1.9♦ 0A, � Driving Instructions: -P4 From Oriental go north on HWY 55 to Straight Road. Turn Right and go one block to White Farm Road. Turn Right and go two blocks to Harbor Way. Pierce Creek Maintenance Dredging 'ect Date: 09 Location Map ��"�►L,c, to J Th s map s prepared fa d C �� nnthin thr ,jurisdiciror.» .� rd de September 2004 C plats anddherpothal ;a publofthe !ap 1, are Hereby rrotified that t :e��taned public pr�r 1:�n- W ry formation sources shod P - rsufe inforrhation contained ap ty t 920 0 920 1840 ary legal responsibility for the intmm �S tan a -- H CAKn`1 Photo 20morehead City I'M —_- -, -4� _Is: i V Pierce Creek DollhinLreek pP F.lperpier 6 .... _ ' c aoa \� pad M Dock E.pntfon J . . Shordn.9Y�hl�tlan �: . r,W: oxM o •�, Pierce Creek pprox+2.5ftM -: ` ,- ® •��� ago SITYC Waterfront length=881' Sea Harbour Marks _` '""" Total pier coverage=11877 sq.ft. • :iolatsta_ SHM Waterfront length=440' Total pier coverage=3498 sq.ft. Sea Harbour Yacht �• ' � off' ,:�' ----y Approx+2.5 ft MHW-�• f '- �'- Approx MHW84 T �'• may" i Proposed SITYC Structure Enhancements - Bonita Channel "�,_. .—•�..' .� Scale:1"=125• Date: ���� h�} ������ Pierce Creek Maintenance Dredging Project Sea Harbour Yacht Club shyc@pamlico.net PO Box 442 252-249-0808 Drawing-.L_ of 16, Oriental, NC 28571 Pine �A Existing Bulkhead � Tree being undercut Eroding shoreline O a h G aF �C,�r Pine A Existin Dinh Ramp , F F F I.• % Marsh-Grass w w -- Rip Rap placed in water outside marsh grass to stalilize eroding shoreline. Slip 45 ._. cCD � ;el ^ � •aci A� OG�` n � AA O ._+ No NA Shoreline Stabiliza on Scale: 1" = 10' Pierce Creek Maintenance Dredging Project Sea Harbour Yacht Club shyc@pamlico.net PO Box 442 252-249-0808 Drawing -;2, of 14 Oriental, NC 28571 040, Easemerd tD Mies Shorey 5MA V N 59'4VW E 1439.17 Total Easement to Mies StKM 839.03' S 24°5M E—s t -r........'........::..::::'....:. ..:........ .. ... ... ..... _... .. ......;..;., 011 400 $ $�'40'58'W 834.35 SAS' :.... . r.: 11.629 Acres Total Road Area=.69 Acres Dyke Area=4.99 Acres 4 ' Impoundment=3.40 Acres 404 WETLAND AREA --- ' 0.863 Ass . = ::' Capacity=65,500Cu Yds @ 4'above grade /terCpdF ,�� y /,�:; r";�� See Dyke Profile Drawing for details of Dyke&Access Road L_ .12 Acres L,.:; ��`•• . ,'+ +, , 'J rrA Water Stowage ':i `i=i�' �••j � O m II.-! DWAN I l•.L I••I Y � r it:•i , i•:i L•• r. r -, .•, I t'., The inlet pipe will come either up the river and across the shoreline to the site ,,•,, L. , � �•,, or up Bonita Channel,along Harbor Way and across White Farm Road to the site. c i r•" -. L'•I L'•I Clear water returns across Miles Shores tributary L• , `• ••, y Property m a tritwta of Whittaker Creek. r: ' •'-1 4:;I The outlet pipe will be terminated at a location below the normal water level of the tributary 11000 Cu yds 25000 Cu yds. -; 29500 Cu yds. L. , L ., ., ,m �I•.•+ .56 Acres L•.1 1.29 Acres 4•-, 1.53 Acres I.•., I•.d L••, F•., I.'., O I I•.•I Shfllpe RBr1lovOd Sung*Removed F••, Stumps Rerrgved I••,, �t CD 10D10di _ Disposal Site Dike Location S CD - -----------W- ---- 4. 1�' I 0 --------------- ---- --- �� Scale: I"= IW o 1 V7-f7GWg l��irtC/�G'�! Pierce Creek Maintenance Dredging Project Sea Harbour Yacht Club shyc@pamlico.net PO Box 442 252-249-0808 Drawing of /� Oriental, NC 28571 0*7 g \\\ . \\ ss OVA \ \� _ Match Line "A" TO 10 #2 5 - Bate Foundation ; 3 2 Pierce Creek —' Depth Station >•' Neuse River "'\ `�°' Match Line"A" 2 �y Key O ,A22 I = Property Lines tD La 29 ''d"3 - ........ = Mean High Water Level Existing Channel CD Dredging Area V 9D r D / ® = Proposed Channel Dredging CL Dolphin Point S/ ° Lot` /' ® s , m , a o �' current Marina Footprint Soft -21V �� � 1�� n ,Q 10- - - = Depth Stations •G o Pierce Creek Maintenance Dredging Project Sea fitbour Yev-dhrelub shyc@pamlico.net PO Box 442 k 252-249-0808 Drawing 3_of �C Oriental, NC 28571 Depth Correction Factor Calculation Piling "C" Dock Water Level Gauge Water Level 4/21 Water Depth CF to NWL CF to LLWL Water Level 8/29/04 _ - - -2.2 Water Level 9/04/04 Water Level 6/25/04 _ -nq Water Level 6/30/04 NWL -0.4' Barnacles Begin 9/4/04 2.1' VA 4.1'Channel C/L-7/21/03- 63,6.5 V—Y 6.a 5 CD -- , (D n 4.4' CL C � N r:} O O Approxima Bottom --- _ Pierce Creek Maintenance Dredging Project Sea Harbour Yacht Club shyc@pamlico.net PO Box 442 252-249-0808 Drawing of " Oriental, NC 28571 Ams� Aldl� JdW� ,qww qw qww Slip 69, 71, 73, 75&77 piers same as 79 &81 MHW memo #A Extended Finger Piers 41 sq ft, 25 Sq Ft 34 sq ft Cross Section "D" Finger Piers 11, 1 us as i i t 14� Ar No"M Wow LvM Deck 79 81 Existing Finger Piers 85 87 "D"Dock "C"Dock Existing Finger Piers'-f- Cross Section"C" Finger Piers H H F1 %Weft 17.0' MHW 141:;;87�— ■ Extended Finger Piers "C" Dock Increase = 250 sq ft Finger Pier Enhancements "D" Dock Increase = 69 sq ft Total Pier Increase= 319 sq ft 0 0, 30 60' CD =T CD Scale: 11" =30' (D ff-Ti.1 C.) J echtUrT,—ZO04 Pierce Creek Maintenance DredgangSea Harbour Yacht Club shyc@pamlico.net - - r Project PO Box 442 252-249-0808 Drawing _L� of Oriental, NC 28571 w NWL t NWL ' Pierce Creek \ to \ MHW i • Sea Vista Pierce reek Area S/D\ ' 331' ` ` Bede Foundation Lot 32 "�."' Z�4WO, : #8 �• • Dolphin Beek / •• • • � 199' •` 114 R.E)lb.Wm Pierce Creek Boundary to Bate Foundation=407'•-.* Proposed Pier to Bate Foundation=331' Proposed additional pier extention into waterway=76' g; Percentage of encroachment into waterway=18.6% Existing center point of existing"A"tee to#8=199' 1 % Center point of new"A"tee to#8=158' SITYC ''�. "A"Pier Extention will have a small impact on on the sightlines for Dolphin Point Lot 37& Bonita Channel '�. �N% Sea Vista Lots 32&31. �l Lot 37 —+ MHW I - Lot 36 ? o • ` m MHW 21 �,, '• Dolphin Point S/D ` � o \ 1It n NWL NWL .-+ � o "A" Dock Pier Extension Plat o � t Q' 125' CO IiIIIIIIIIIIIi IIIIIIII -' Scale:1'=126 (1,1) Pierce Creek Maintenance Dredging Project Sea Harbour Yacht Club shyc@pamlico.net PO Box 442 252-249-0808 Drawing = of iZ Oriental, NC 28571 25.16. 0' , ... 18.0� Extend Footprint 25, create 3 new slips. 760 Sq.Ft.increase in pier area. 50. New public pump out location. No pemrenent berths outside Tee pier . 9AY" s ,6. 9.0 Current public pump out location. 18. 36� . `} 0 Co CD m CD n "A" Dock Extension Detail 0' 10' 20' 30' 40' 50' O , Scale: 1"=25' CO Pierce Creek Maintenance Dredging Project Sea Harbour Yacht Club shyc@pamlico.net PO Box 442 252-249-0808 Drawing /,(-- of Oriental, NC 28571 Pierce Creek Maintenance Dredging Project October 11, 2004 O C T 2 0 2004 The entry channel to Pierre Creek from the Neuse River,a marked and charted channel,"���pe r C where it poses a hazard to navigation for vessels with a draft over 4 feet during the summer moo In on, e side channel of Pierce Creek,Dolphin Creek and Bonita Channel,have shoaled to the point where navigation is difficult for the same boats. There are 143 vessels berthed in Pierce Creek and it's side channels, Dolphin Creek and Bonita Channel.On summer weekends an average of 40 vessels per day make a round trip through the channel.On week days,the traffic drops off to 5-6 trips per day through the channel. The vessels are about 90%sailing yachts. These vessels average 33' in length and average draft is 4.5'. The channel is also used by commercial crab fishermen who set their pots in Pierce Creek above the marina. Along with the dredging project Sea Harbour Yacht Club(SITYC)wishes to make minor changes to piers in the marina by adding finger piers inside the existing footprint of the marina.Also we wish to stabilize a short section of shoreline where an large tree is being undercut.We propose to place a line of rip rap in the water outside of tale existing marsh grass in water about 18"deep to protect the shore from wave action.This area is in the existing footprint of the marina. Finally SITYC,requests pennission to add three slips to the end of``A" with associated pilings and piers.This dowlopment is outside the footprint of the existing marina. Background Sea Harbour Yacht Club is located approximately.5 miles inside of the entrance to the Pierce Creek Channel,2.5 miles northeast of Oriental(See Site map.)On each side of SITYC there are side channels,Dolphin Creek and Bonita Channel.Between the channel entrance to the Neuse River and Sea Harbour, 19 private boat slips are located.Farther up Pierce Creek and along these side channels,36 private boat slips are located.All these boats along with the 88 boats from Sea Harbour use the Pierce Creek Channel to gain access to the Neuse River. Sea Harbour Condominium Yacht Club,Inc.Is a registered condominium in North Carolina. Each boat slip in the marina is a unit in the condominium and all common properties are owned and controlled by the condominium association.All of the Sea Harbour slip owners and most of the private slip owners contribute to a dredging fund maintained by SITYC in order to maintain property values by keeping the channel open The Pierce Creek Channel was created under Permit 271 issued by the Dept. Of Conservation& Development on October 27, 1970 and subsequently renewed on July 7, 1972. It has been renewed several additional time for maintenance dredging. Sea Harbour Marina,later SITYC,was built in 1976. See attachment number I for permits previously issued. Under these permits Bonita Channel was created by dredging and the existing branch of Pierce Creek was deepened and extended to form today's Dolphin Creek. Description of Proposed Project All of our future projects are enclosed in this application Not all of these projects will be done at once,but spread out over time as funding becomes available. F14 "�bVPierce Creek Maintenance Dredging Proje0CT 2 0 2004 October 11,2004 Morehead City DCM The first and most urgent issue is a maintenance dredging of the main Pierce Creek Channel which during the summer months(the most popular usage time)has become a hazard to navigation.An m-depth study of the Pierce Creek water depth was conducted from 4/21/03 through 9/23/03. (See attached Pierce Creek Depth Study.)The controlling depth at Mean Low Water(MLW)in the entrance channel was 4.1'. The area of this controlling depth begins at 100' inside Marker#5 and extends into the river for 500'. The MLW for the entire channel is 5.48'. Safe passage for all vessels berthed on the Creek requires a MLW of 6.6'. Dolphin Creek along the SITYC piers has a MLW of 4.4'.Bonita C has a MLW of 4.2'and the Launch Ramp Channel has a MLW of 3.7'. The following structure enhancement project are included in the CAMA Major Permit application: • Extend short finger piers to the last piling"C"and"D"docks.All work is within the current marinas footprint This will provide easier access to sailboat cockpits which typically docked bow in.This is due to difficulty in maneuvering sailing vessel in reverse. • Create a rip rap barrier adjacent to the marsh grass near the existing bulkhead inside of"A" Dock. Wave action is undercuting a large tree on the shore. A barrier 30' long and 3' wide will protect the tree and assist in rebuilding the protective sand along the shorline. The barrier will be 3' high and will be placed in water 12" deep. Protection from the wave action should allow the small beach behind the barrier to regenerate. • Move interior center pilings within current slips without changing outer pilings or footprint of the slips to allow modern boats with wider beam to better fit in the slips. • Raise the pier at slips 65 A,65B,66 and 67 to level of adjacent"C"docks.These docks are so low that normally high water levels overflow the pier surface. No removing and relocating of pilings is involved,only raising the decking.. • Add two 50'x 18'and one 50'x 20'wide slips with a 5'wide tee pier to the end of"A"dock(the center pier). This would extend the marina footprint another 25 feet out into Pierce Creek The center pier would be extended to service these slips and the current public boat pump out station will be relocated to end of the extension There will be no permanent slips on the outside of the tee pier.These docks would accommodate larger sailboats that have become more popular since the original marina was built Disposal of Dredging Spoil Sea Harbour Yacht Club owns 11.6 acres of land to the south of White Farm Road,roughly opposite the intersection of White Farm Road and Harbour Way.This will be used as the dredging disposal site.(See site map).A dike will be constructed on the south side of this property in such a manner as to avoid the 404 designated wetlands on the western boundary. An access road will be graded from White Farm Road to the site. L "IIV 2 Pierce Creek Maintenance Dredging Proj FaIVED October 11, 2004 O C T 2 0 2004 Economic Impact Statement Morehead City DCM The economic impact of SITYC on Oriental and Pamlico County is significant All of the boats are assessed as personal property and therefore pay taxes to Pamlico County,Oriental and to the Southeast Fire District.Annual real and personal property taxes are approximately$100,000.This is based on average of$50,000 per boat on Pierce Creek and$31,000 per slip in SITYC. Many businesses,craftsmen,and tradesmen supply and service the 143 boats berthed in Pierce Creek Estimated annual economic impact is$478,000.This is based on $200 per weekend for visitors,and$2000 per year for services. .l(14 Mor ,read U' y ACM 3 7 �MO� 11171 T W ax" v ; Ar A�. V f> v 10 A SA a sr � M gr ri np1Y111 Site 5 i1 IF Proposed Disposal Site nt Portion of 1974 photography by U.S. Dept. of Interior Geological ° Survey. Scanned from "Soil Survey of Pamlico County USDA Soil Conservation Service issued august 1987. Photo is prior to any dredging activity. a . Oc: n �� 2ah� OCT 2 0 2004 U.S.ARMY CORPS OF ENGINEERS 1$ Wilmington District /V ��d Qt n Jccu Oty 4.10 F_ 34700o y D M Action ID: 2 Od 010316 county: _PA L_T'L 0 Notification of Jurisdictional Determination Pmpertyowner/Authorized Agent Seq Na.fLOLL" YStL. - Lla6 �l�ffe.,d,k • �.'�( [�,,.c,(+-. Address P. 0. x . L�4 2 N6 2 8s7 l Iblephone Number (2S2� Size and Location of Property(waterbody,Highway name/number,town,etc_) 11.6 au es l a"kC! 0" -Ke iAj-e&f- s'�,e of rV Z 13 4 Cf a : 4 c =i +e a fir;4�} 4,* kli l liv c4lela I Indicate Which of the following apply: • There are lands on the above ribed property hick we stronglyAuggest should V delineated and surveyed. surveyed wetland 'nes must be ve ' ed by our staff ore the Co will make a final jurisdictio rmiation on property. • Because of t size of your pro rty and our pr workload,our' tification and lineation of ur wetlands t be accomplish in a timely ma . You may wis employ a co ultant to a more timely ' eation of the tlands. Once consultant has gged a wetland on the p perty, Corps staff review it,and, it is accurate,w trongly recomme that you hav a line s for final appr by the Carps. a Corps will not a final' oyalde{mina '6 on yo property without an proved survey. ' r�+""'' Jt. 27 4 � • your Seen delis i r(, �Juis +.�/ �OI�The wetlands on ur lot have been delineated,'and the o u fiction e n V to you. Unless there is a change in the law or our published regulations,this determination maybe relied 61 upon for a period not to excwA from the date of this notification. d.W • Ther are no Hands pr9' n. o+n he a ve descri pro which are bject to a pe t t0t `I, requ ments of n 404he Clean ter Act(33SC 13�44 . Unless their a chap a in law b� or o publish re lations, determin ion maybe lied u nac r a riod nbt to P ilk' Y Po Pe from the date o this notifica QThe project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of SMrocX Coastal Management to determine their requirements. C25'2) gog Zg0& Placement of dredged or fill material in wetlands on this property without a Department of the Armyo6iy` , permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the pr�o�pperty restricted entirely to existing high ground. If you have any questions regarding t e Co s of Engineers regulatory,,PProgram,please contact - i �eLvw,t at_ (2 52 6 ) �l1�— 1�� Property owner/Authorized Agent Signature Project Manager Signature �i l. idG,w,P Date Expiration Date t SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW(FILE) COPY OF THIS FORM. i cssnw a«m sic 1 ocr 92 f F...gifts• W ! i i .. '�.� .. .. fSY . .I R�y�i+;l- .a t�� :,+.: �;i..r,. +, i K ..•_YJy�z r .. .ate f 3 _ x t. a. .- t.,{'.. P ,ail 'y '1C•. . y.. .. t VY f G `1• -'Ti�d��, • �. ' f:, � .• t 'i ..S"'§ .t r '' ,..:..'e rr "1"'`.'rt.'. J':)wr •(h 4}l .i , .aa , f 'y .- a. _ "&: .f:p,•d*,., y:' i.a it/. , ,„_... .N,Df�l - t ': 1(', _ .. .t. .,1{�e _:'t' f}�.. ,6�4 It:13` -u�t✓>"! "f ;I' . ... a SS :f e,?4,� t 7. .T: c ,r 1.i.`•jf.�a..' .."M. (� �r F; 3'i.i�a.Y` ..,9+"b "1le rC:. 'i"L}.. is.:• :•'f4 „{...�.n;' trJ^ .. , , A i f• y s E �7° 'ti't+� i 4CN, 4 e"!'-1' Y{} (.i" sS'., ,f ,C'Lt•Fe,.�YI } A' t' yC .' #S` . t t x tb �`", z•+ �," ., c4 ti .;� .l.ii+ '� � i, +,<•x3�ti� ;?. w+ _ F,t.. .C�"` ti• • ! 'q ,1[!�.a `a r.,:,e- ' a p •".iT gi;r' .� :. s ^, -'e t:R.G�>- Fa:+. ,r aL� .. PI 3o.M,• if 7'3 �: n �.,f i 1 7 + t-r tY+afa.,� - '3.. `.fi"iy .hti a t i s� DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Sea Harbour Condominium Yacht Club, Inc. County: Pamlico LOCATION OF PROJECT: Adjacent to Pierce Creek at the terminus of Harbour Way in O "Apntal, DATE APPLICATION RECEIVED COMPLETE BY FIELD: December 8, 2004 /I' FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Stephen Lane DISTRICT OFFICE: MoreheahlQrC DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: �4.J °`� , c V/ PUBLIC NOTICE REC'D: END OF NOTICE DATE: 12/6,?/01/ ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: A66,&-T-r ON: I2//ylay C) 75 DAY DEADLINE: V1 14/05 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: t/zY/off FED COMMENTS REC'D: L/l e,;- PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Z f ✓ d n C din Coastal Management-LUP Consistency / Zd Division of Community Assistance Lam( SIou Land Quality Section l 7//-jD/1dy Division of Water Quality ��Y�OS LA Storm Water Management(DWQ) State Property Office ( 2/ W Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Coo(?"o Submerged Lands(DMF) Permit# DCM Coordinator: MAILING DISTRIBUTION: /permitee: — �►s��.Gale Pn��►,,t Agent: ` r M�✓ 5e DCM Field Offices: ���� � � �Gu S��s✓ Elizabeth City � � Morehead Ci �vS C 0,9y Pump f C,/) g Washin ton I �0 Sttpb„lu 6f Wilmington �"'d jZe oZ 061c Ct.Y15 1---I l+ US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome CDOT) �� � o A-, Z Raleigh BlanY Wilmington: Dave Timpy(NCDOT) ( t? b( I-,/Q Henry Wicker Others: Cultural Resources: Renee Gledhill ly,,,-- Environmental Health: Terry Pierce C op P.S Marine Fisheries: Mike Street A n 4j I M 5 NCDOT: Ken Pace � a i` Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson{/ Water Quality: Cyndi Karoly(for non-DOT) John Hennessy(NCDOT) Water Resources: John Sutherland �✓ Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: C� Permitee at ✓ 2 S Z q / 0 `� U ✓ Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington RegulatoryfielctOffice _ -- P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO Regulatory Division March 29, 2005 IWUrehead Cit � CM Action ID No. 200510188 and State Permit No. 38-05 Sea Harbour Condominium Yacht Club, Inc. Post Office Box 205 6020 Sea Harbour Way Oriental,North Carolina 28571 Dear Sirs: Reference your application for a Department of the Army permit to conduct maintenance excavation within an existing channel,place riprap material, and extend finger piers, on property located at 6020 Harbour Way, adjacent to Pierce Creek, in Oriental, Pamlico County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason,plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (252) 975-1616,extension 23. Sincerely, Ut Raleigh Bland,P.W.S. Regulatory Project Manager -2- Copies Furnished without enclosure: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 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 Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 f 1 -3- Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 .V NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett FROM: Stephen Lane ev— SUBJECT: Comments & Recommendations - CAMA Major Permit- Sea Harbour Condominium Yacht Club, Pamlico County DATE: February 21, 2005 The following are my comments and recommendations regarding the above mentioned proposal. The request is perform maintenance excavation of 5500 linear feet of existing channel, construct a 3' wide x 30' long riprap sill for wetland protection, extend 12 existing finger piers, and add 3 boat slips onto an existing 88-slip marina. Based upon my review, I have no objection to the issuance of this permit with the exclusion of the 3 additional boat slips. 15A NCAC 07H .0208(b)(6)(J)(iii) states that project length shall be limited by not extending more than one-forth (25%) the width of a natural water body, or human- made canal or basin. The proposed 3 additional boat slips and associated pier and platform would extend 294' into Pierce Creek. This equates to 47% of the 625' width of the water body, which exceeds the 25% limitation. The Division has also received objections to the proposal based on the proposed structure's proximity to navigation in the creek. I also offer the following conditions to the permit: In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. t,//2 Excavation will not exceed -9 feet below the normal water level in Pierce Creek and —8 feet below the normal water level in Dolphin Creek and Bonita Channel. In no case shall j the depth of excavation exceed the depth of connecting waters. 3 No marsh grass will be excavated or filled. �/4 The temporary placement or double handling of excavated or fill materials within waters p p g or vegetated wetlands is not authorized. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper s Sea Harbour Condominium Yacht Club, Pamlico County Comments and Recommendations Page 2 5 The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A: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. t6 All excavated materials will be confined above normal water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7 The disposal area effluent will be contained by pipe, trough, or similar device to a point / at or beyond the normal water level to prevent gully erosion and unnecessary siltation. v8 The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended / sediments. / A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10 The diked disposal area will be constructed a sufficient distance from the normal water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 11 The diked disposal area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 12 The diked disposal area must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. / 13 No spoil material is to be placed within 30 feet of the normal water line or coastal wetlands. 14 On shorelines with existing marshes the centerline of the structures shall be positioned no more than 10 feet waterward of the waterward depth contour of locally growing marsh grasses or 10 feet waterward of the existing marsh at any point along the alignment of the structure, whichever is greater. 15 Stone or riprap structures shall leave open space between the individual stones for circulation. 16 The height of sloping stone or riprap structures shall not exceed one foot above normal water level. r Sea Harbour Condominium Yacht Club, Pamlico County Comments and Recommendations Page 3 17 Sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above the normal water level. ✓18 The sill must be constructed of stone, clean concrete riprap, or other suitable material approved by Division personnel. Z19 Stone or riprap material will be free of loose sediment or any pollutant. The structures must be of sufficient size stone, and slope to prevent its movement from the site by wave or current action. 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. 21 This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No / other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. All development within 50 feet of the normal water level must be consistent with Environmental Management Commission (EMC)Neuse River buffer regulations in place at the time of such Development. �23 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. ��X24 The authorized structures and associated activity must not cause an unacceptable interference with navigation. 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. 26 This permit authorizes a maximum of 88 boat slips. At no time shall more than 88 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. Y Sea Harbour Condominium Yacht Club, Pamlico County Comments and Recommendations Page 4 Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property(e.g. silt fence, diversion swales or berms, sand fence, etc.). NOTE: It is strongly recommended that the permittee exercise all available precautions in / the day-to-day operation of the facility to prevent facility waste from entering the �C adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards,thereby violating state law. VZ4OTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation cc: Tere Barrett, MHC District Manager, DCM Raleigh Bland, USACE, Washington DEPARTMENT OF THE ARMY M WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO February 10, 2005 i Regulatory Division FEB I 1 2005 Action ID No. 200510188 Morehead City D►CM Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 Dear Mr. Huggett: Reference the application of the Sea Harbour Condominium Yacht Club for a Department of the Army permit to conduct maintenance excavation within an existing channel, place riprap material, extend finger piers, and construct additional boat slips, on property located at 6020 Harbour Way, adjacent to Pierce Creek, in Oriental, Pamlico County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: `��1. The addition to dock"A" is not authorized due to the potential to adversely affect navigation within Pierce Creek. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the 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 or alteration. v/ 3. In order to protect juvenile fisheries resources,no excavation or filling will be permitted P J g between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. -2- 4. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. Excavation will not exceed—9 feet below the elevation of mean low water (MLW). The temporary placement or double handling of excavated or fill materials within waters r vege ted wetlands are not authorized. 7. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 8. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work, which may be caused from existing or future operations undertaken by t e United States in the public interest. 9. 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. /0- The permittee will maintain the authorized work in good condition and in conformance ith the terms and conditions of this permit. The permittee is not relieved of this requirement if 7,14ons the permitted activity without having it transferred to a third party. 1. The authorized structure and associated activity will not cause an unacceptable interference with navigation. X/ 12. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. -3- Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division,telephone (252) 975-1616, extension 23. Sincerely, wM Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS,Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 -4- Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 � GA NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor Preston P. Pate, Jr., Director William G. Ross, Jr., Secretary MEMORANDUM TO: Doug Huggett THROUGH: Mike Street FROM: Sean McKenna DATE: January 31, 2005 SUBJECT: Sea Harbour Condominium Yacht Club, Pamlico County The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject permit are offered pursuant to G.S. 113-131. This project proposes to conduct maintenance excavation of existing channels, construct a riprap sill for wetland protection, extend 12 existing finger piers, and add three new boat slips to an existing 88-slip marina. The NCDMF has no objection to the extension of the 12 existing finger piers or to the construction of the riprap sill as proposed. The NCDMF is opposed to the addition of the three new slips, because they will pose a hazard to navigation, as well as violate CRC rule 15A NCAC 07H .1205 (n); "Piers, docks, and boat houses shall in no case extend more than 1/4 the width of a natural water body, human-made canal or basin." The NCDMF has two main concerns with this project that must be addressed prior to the issuance of the subject permit. 1. The first concern involves the proposed maintenance excavation. From the information provided it is unclear what the excavated depth and width has historically been. The current proposal calls for finished project depths of—9' NWL in Pierce Creek (100' width) and —8'NWL in Dolphin and Bonita Channel (40' to 117' width). 2. The second concern has to do with the proposed de-watering, which will drain into Whittaker Creek, a designated Primary Nursery Area (PNA) [MFC rule 15A NCAC 3 R .0103 (7) (e)]. Without any data on possible contaminants in the dredged sediments, the DMF is opposed to this plan, since toxic heavy metals in the sediments could be released into the water column and ultimately into the fish and invertebrates, as well as the sediments of this PNA. The NCDMF concerns will be addressed if the proposed maintenance excavation depths and widths are not greater than what has been previously been permitted, and if the applicant has the sediments tested (copper, chromium, lead, mercury, nickel, zinc, arsenic, and cadmium) and provides a written report to DCM that there are no contaminants or the contaminant levels do not exceed Environmental Management Commission standards. If contaminants are found or the applicant does not want to test the material, then an alternate de-watering site must be found. The NCDMF also recommends a dredging moratorium of April 1 to October 1 and use of turbidity curtains around the entire project area. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan, DCM Morehead City District Planner Date: January 20, 2005 Subject: Major Permit Application, Requested by Sea Harbour Condominium Yacht Club, Inc. to perform maintenance excavation of an existing channel, construct a riprap sill, extend 12 existing finger piers, and add 3 slips, at property located at the terminus of Harbour Way, adjacent to Pierce Creek, in the Town of Oriental, Carteret County, North Carolina. LUP Consistency Determination: The proposal is Inconsistent & in Conflict with the 1994 Oriental Land Use Plan certified by the CRC on January 27, 1995. Overview Areas of Environmental Concern (AEC) impacted by the proposed development include Estuarine Waters and Public Trust Area. The Waters at the project site are classified as SA; HQW, NSW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Oriental Land Classification Map overlay designates the subject property AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "The town shall limit development activities in estuarine waters to water-dependent activities as allowed by state standards. Examples include: access channels, structures to prevent erosion, navigation channels, boat docks, marinas, piers, wharfs, mooring pilings, and navigational aids. " (Resource Protection Policy, B. 1(b),pg. VIII-12) "Ensure that development along the estuarine shoreline does not significantly interfere with existing public rights, usage and access to navigable water and other public resources. " (Resource Protection Policy, 2(c),pg. VIII-8) (this portion left blank intentionally) 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ti Discussion The applicant has proposed to construct and extend piers and docks at an existing marina within the town of Oriental's planning jurisdiction. While, the proposed development is a water dependent activity and is an accepted use in estuarine waters, the proposed development may interfere with existing public rights, usage and access to navigable waters. There is no hard evidence that public navigation will be significantly altered, but the proposed pier does encroach into 47% of the manmade canal. This may not only hinder navigation, but may also hinder development of piers and docks on adjacent properties. The LUP does not give specific conditions that should be used to determine if a water body is in fact impacted, although it is evident to Staff that the sheer amount of the canal being used by the structures is enough evidence to deduct that navigation will be hindered. Therefore, Staff cannot support this development and considers this project inconsistent with the LUP. Cc: Ted Tyndall, Assistant Director John Thayer,Manager of Planning and Access Grants Tere Barrett, Morehead City District Manager Wyatt Cutler, Oriental Town Manager �0F W'4TFRQ Michael F.Easley,Governor �i William G.Ross Jr.,Secretary c r North Carolina Department of Environment and Natural Resources 5 Alan W.Klimek,P.E.Director Division of Water Quality January 18 2005 D9 W ISW,19 Project#04-1988 Pamlico County Mr. Landon Winstead JAN 2 7 2005 Sea Harbour Condominium Yacht Club, Inc. P.O. Box 205 Oriental, NC, 28571 Morehead City DCM Subject Property: Adjacent to Pierce Creek at the terminus of Harbour Way in Oriental Approval of 401 Water Quality Certification (GC3490) with Additional Conditions Dear Mr. Winstead: You have our approval, in accordance with the attached conditions, to dredge, shade,place fill material within or otherwise impact 13.12 acres of waters to conduct maintenance excavation of an existing channel,construct a riprap sill for wetland protection, extend 12 existing finger piers and add 3 boat slips onto an existing marina as described in your application received by the Division of Water Quality (DWQ)Wetlands/401 Unit on December 14, 2004. After reviewing your application, we have determined that the Division of Water Quality (DWQ)General Water Quality Certification Number 3490 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USAGE). In addition,you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to)erosion and sediment control regulations and LAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) 404/CAMA Wetlands 13.12 (acres) DCM Field Investigation Report NorthCarolina 401 Wetlands Certification Unit Naturalld,J 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr.Landon Winstead Page 2 of 2 January 18,2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification(GC) 3490. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification,shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the. North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan W. Klimek,P.E. AWK/cbk Enclosures: GC 3490 Certification of Completion cc: Doug Huggett,DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 041988SeaHarbour(Pamlico)401 Michael F.Easley,Governor \Q G William G.Ross Jr.,Secretary co North Carolina Department of Environment and Natural Resources .� Alan W.Klimek,P.E.Director Division of Water Quality DDIVISION OF WATER QUALITYTat . January 14, 2005 Sea Harbour Yacht Club, Inc mO rellead city °CM Attn: Mr. Landon Winstead PO Box 442 Oriental, NC 28571 Subject: Stormwater Permit No. SW7041022 Sea Harbour Yacht Club General Stormwater Permit Pamlico County Dear Mr. Winstead: The Washington Regional Office received your completed Stormwater Application and supporting information on December 29, 2004. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H. 1000. We are forwarding Permit No. SW7041022 dated January 14, 2005 to Sea Harbour Yacht Club, Inc. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will require an additional Stormwater review and a permit for any Stormwater control measures deemed appropriate. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447 . Unless such demands are made this permit shall be final and binding. North Carolina Division of Water Quality Internet: h2o.enr.state.m.us 1617 Mail Service Center Phone: 919-733-7015 �e Raleigh,NC 27699-1617 FAX 919-733-2496 NorthCarollina An Equal Opportunity/Affirmative Action Employer-50%Recycledll0%Post Consumer Paper ;Vataally r' Sea Harbour Yacht Club January 14, 2005 Page Two If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3919. Sincerely, i%t William J. re Environmental Engineer Washington Regional Office cc: ✓Doug Huggett - DCM, Morehead City Pamlico County Planning/Inspections Washington Regional Office Central Files N. , State Stormwater Management Systems Permit No. SW7041022 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Sea Harbour Yacht Club, Inc. Pamlico County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H. 1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grassed swales and vegetated buffers to serve the Sea Harbour Yacht Club Marina and spoil disposal site located near Oriental, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1 . This project involves maintenance dredging and disposal for an existing marina located off Harbor Way at Oriental, NC; the disposal site is located off White Farm Road. No development is proposed for the marina site; only gravel access roads are proposed for the disposal site. Stormwater controls include grass swales and buffers. 2 . Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3 . No stormwater piping in addition to the existing piping shall be allowed except: 3 a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II . SCHEDULE OF COMPLIANCE 1 . Grasslined swales, vegetated buffers and other Best , Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2 . The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III . GENERAL CONDITIONS 1 . Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143- 215. 6A to 143.215. 6C. 2 . The permit may be modified, revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H. 1000; and North Carolina General Statute 143-215. 1 et.al . 4 . The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Change of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area 4 f. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the' time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7 . The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8 . The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 14 th day of January, 2005. NORTH LINA ENVIRONMENTAL MANAGEMENT COMMISSION � Alan W. Klime P.E. , Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7041022 5 i� DEPARTMENT OF THE ARMY 9CZE1]�_' WED ° 1 WILMINGTON DISTRICT, CORPS OF ENGINEE 7.1 Washington Regulatory Field Office JAN 0 5 2005 P.O.Box 1000 IN REPLY REFER TO Washington,North Carolina 27889-1000 - ?a���� �®� Morehead City DCM Regulatory Division Action ID: Applicant: __'(A C(A �Gc�vOkA� Waterway: i ' CQ Qi County: Work Type: iAr1 C wk V w. I Mr. Ron Sechler Mr. Doug Huggetfl�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 Raleigh, North Carolina 27636-3726 re Regional Office Division of Coast 1 Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV and Natural Resources Water Management Division A VICIA 5, 1 U.S. Environmental Protection Agency , & 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAAtk-Corps General Per mit/processing agreement, a State Field Investigation Report is enclosed. our commen an, /or rNe recommendations would be appreciated on or before \1 Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (252)975-1616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure SMZ State of North Carolina Department of Environment and Natural Resources Washington Regional Office Mchaei F.Easley,Govemor William G.Ross,Jr., secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 17, 2004 Sea Harbour Condominium Yacht Club ATTN: Mr. Landon Winstead, Manager Post Office Box 205 Oriental,North Carolina 28571 RE: Pierce Creek Maintenance and Dredging Project Drainage Basin: Neuse Pamlico County Dear Sir: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for'land-disturbing ag ctiv of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land-disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty(30)days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc. c��w�ehfnrrFnn'RnnarP A6aB Washington. North Carolina 27BBS Teieahone 252-946-W1,FAX 25e=7&3716 Sea Harbour Condominium Yacht Club ATTN: Mr. Landon Winstead,Manager December 17, 2004 Page 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin,unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment and Natural Resources, is included. The amount of the fee is based on$50 for each whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000 initially plus $5000 per day for each day the project is deemed in violation. For your convenience,we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, Patrick H. McClain, P.E. Regional Engineer PHM: Enclosures cc: Doug Huggett, Division of Coastal Management Aria 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 i December 10, 2004 MEMORANDUM: D 15 t5 l'1 TO: Mike Street DEC 1 3 M For Preston P. Pate, Jr., Director i Division of Marine Fisheries EINAFHABITAT. J FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sea Harbour Condominium Yacht Club, Inc. Project Location: Pamlico County, adjacent to Pierce Creek at the terminus of Harbour Way in Oriental. Proposed Project: Proposes to perform maintenance excavation of an existing channel,to construct a riprap sill for wetland protection,the extension of 12 existing finger piers, and the addition of 3 boat slips onto an existing 88-slip marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 31, 2004. If you have any questions regarding the proposed project, please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. bbr This agency objects to the project for reasons described in the attached comments. SIGNED / � DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper FqCDENR 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 k � December 10, 2004 MEMORANDUM: 5 2004 TO: Ruth Leggett MUrehead City DCM Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Sea Harbour Condominium Yacht Club, Inc. Project Location: Pamlico County, adjacent to Pierce Creek at the terminus of Harbour Way in Oriental. Proposed Project: Proposes to perform maintenance excavation of an existing channel,to construct a riprap sill for wetland protection,the extension of 12 existing finger piers, and the addition of 3 boat slips onto an existing 88-slip marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 31, 2004. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED !! �L '� � DATE 151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper I'll, I.. .I=114 NCDENR DEC 2 9 2004 North Carolina Department of Environment and Natural WNWbad City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary 1 December 10, 2004 MEMORANDUM: 2004 NC f lo/d TO: Joe Henderson DEC 1 3 2004 NC Dept. of Administration State Property Office DOA STATE PROPERTY OFFICE FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Sea Harbour Condominium Yacht Club, Inc. Project Location: Pamlico County, adjacent to Pierce Creek at the terminus of Harbour Way in Oriental. Proposed Project: Proposes to perform maintenance excavation of an existing channel,to construct a riprap sill for wetland protection,the extension of 12 existing finger piers, and the addition of 3 boat slips onto an existing 88-slip marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 31, 2004. If you have any questions regarding the proposed project, please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. t jecti REPLY: his as gency h no oborYto the project as proposed" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Z O 151-B y. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-80 -28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1 71.1 400 NCDENR JAN 0 b U05 North Carolina Department of Environment a r I Re o yes Division of Coastal Managemen{c�ea sty DCM Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary i December 10, 2004 MEMORANDUM: D U u CS TO: Patty Fowler DEC 3 2M 1 NCDENR-Division of Environmental Health SHE��jSH Shellfish Sanitation Section �`�- �N►t� FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sea Harbour Condominium Yacht Club, Inc. Project Location: Pamlico County, adjacent to Pierce Creek at the terminus of Harbour Way in Oriental. Proposed Project: Proposes to perform maintenance excavation of an existing channel,to construct a riprap sill for wetland protection,the extension of 12 existing finger piers, and the addition of 3 boat slips onto an existing 88-slip marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 31, 2004. If you have any questions regarding the proposed project, please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � QDATE , r✓ - � � D,.( 151-B Hwy. 24, Westron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-3330 l Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper .�- NCDENR North Carolina Department of Environment and Nat 'Fw5_ir m Division of Coastal Management � Michael F. Easley,Governor Charles S. Jones, Director "William G. Ross Jr., Sec UE� 3 0 2004 1 December 10, 2004 More DCM MEMORANDUM: TO: t 4 A'-'rjcw� t C� For James Simmons � � Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Sea Harbour Condominium Yacht Club, Inc. Project Location: Pamlico County, adjacent to Pierce Creek at the terminus of Harbour Way in Oriental. Proposed Project: Proposes to perform maintenance excavation of an existing channel,to construct a riprap sill for wetland protection,the extension of 12 existing finger piers, and the addition of 3 boat slips onto an existing 88-slip marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 31, 2004. If you have any questions regarding the proposed project, please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects t tl}e project for reasons described in the attached comments. SIGNED DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper F 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 December 10, 2004 MEMORANDUM: ���_•�*"i o(c(sfi•� � iav�kA TO: Maureen Meehan Pxk�s�a►• •�I I /e r►oy� District Planner ( v�P �le�s�s '►n/ Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Sea Harbour Condominium Yacht Club, Inc. Project Location: Pamlico County, adjacent to Pierce Creek at the terminus of Harbour Way in Oriental. Proposed Project: Proposes to perform maintenance excavation of an existing channel,to construct a riprap sill for wetland protection,the extension of 12 existing finger piers, and the addition of 3 boat slips onto an existing 88-slip marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 31, 2004. If you have any questions regarding the proposed project, please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED )1fav-404NM6DATE , a 0/005 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper DCM% DWQ% Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095.934,1 I. Private,non-commercial development that does not involve 5250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: sl II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applies: III(A). For Private,non-commercial development,If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: , III(B): For public or commercial development,if General water Quality 100%($400) 0%($0) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No.3301 (see attached) could be applied,but DCM staff determined that additional review and $400 60%($240) 40%($160) written DWQ concurrence is needed because of concems related to water quality or aquatic life: III(D). If General Water Quality Certification No.3301 (see attached) $400 60%($240) 40%($160) can not be applied: IV. For development that involves the filling and/or excavation of more S47 60%($285) 40%($190) than one acre of wetlands and/or open water areas: e 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 November 8, 2004 Pamlico News Inc. Legal Advertisement Section I P.O Box 510 Oriental, NC 28571 Muru)head City Re: Public Notice— Sea Harbour Condominium Yacht Club, Inc. Dear Sir: Please publish the attached Notice in the Wednesday November 17, 2004 issue of the Pamlico News. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Stephen Lane Coastal Management Representative Enclosure cc:Doug Huggett, Major Permits Coordinator Ted Tyndall, Assistant Director Tere Berrett, Morehead City District Manager 151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received October 22, 2004. According to said application, Sea Harbour Condominium Yacht Club, Inc., proposes to maintenance dredge the Pierce Creek Entrance Channel and portions of Dolphin Creek and Bonita Channel, extend 12 existing partial finger piers to full length finger piers within the existing marina footprint, extend existing "A" dock 25' to add an additional three boat slips, and place 30 linear feet of rip rap in front of coastal wetlands for shoreline protection within and adjacent to Pierce Creek in Oriental, Pamlico County. A copy of the entire application may be examined or copied at the office of Stephen Lane, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 151-13 Hwy 24 Hestron Plaza II, Morehead City, NC 28557, prior to December 7, 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. PUBLISHED ON: Wednesday, November 17,2004 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 November 8, 2004 Mr. Landon Winstead Sea Harbour Condominium Yacht Club, Inc. P.O. Box 205 Oriental, N.C. 28571 Dear Mr. Winstead: The NC Division of Coastal Management hereby acknowledges receipt of your application submitted to this office by you on behalf of your clients for State approval for development within Estuarine Waters, Public Trust Area, and Estuarine Shoreline located at 6020 Harbour Way, Oriental, adjacent to Pierce Creek, Pamlico County. It was received on October 22, 2004, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 5, 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 22, 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. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road rightof- way fronting your property, or at a point along the road rightof-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 151-B Hwy. 24, Hestron Plaza II, More1lvad-Cfty,,,N*th Caro�ner—`M�� Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Fn-1 Onn—hiniht 1 Affirmo}iva Arrtinn Pmnlnvar—r)0%RPr:VCIP(I 1 101L,Pnct Cnn.,;nmar PAner Nr i o I I ( AMA PERMIT PIPLIED FOR PRO ECT-: COMMENTS ACCEPTED THROUGH Q6o4 APPLICANT� FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOVV� 1 �t%l Frorn 4N.N.Chastam Fax: +1(252)249-2292 0: to he Lane Fax: 252 247�3930 Page 2 of 7 Friday,October 22,2004 11:02 AM ■ Complete items 1.2,and 3.Also complete A. 1 / _) y` item 4 if Restricted Delivery Is desired. !/ �3 A0.4 ■ Print your name and address on the reverse Cam'+' ressee so that we can return the card to you. B try( 1 C. Date DalI ry ■ Attach this card to the back of the mallpieoe, or on the front if space permits. > w 1. Article Addressed to: D. Is delivery address different horn ifern 1 ❑Yee I1 YES,enter delivery address t»bw: ❑No Dolphin Point Boatowners Assoc 6047 Dolphin Dr. 3, SeAe Type Oriental, NC 28571 Certified Mal ❑Expreso Mal ❑Registered ❑Return Recelpt for Merchandise ❑Insured Mail ❑C O.U. 4. Restricted Delivery?(Extra Fee) ❑Yes ?. Amide Number Mainsfer from service label) "S Form 3811,February 2004 Domestic Return Receipt 102595-02 M ts4o i:SENI• • • . OV. ■ Complete items 1,2,and 3.Also complete A. 51 Item 4 if Restricted Delivery is desired. y i ❑ ■ Print your name and address on the reverse C b f pyre 90 that we can return the card to you. f C ■ Attach this card to the back of the mailpiece, or on the front it space permits, r 1. Article Addressed to: D.b dsYWy sddreas different from kern It O Yes N YES,enter delivery address below: 13 No Nancy Huff 6047 Dolphin Dr. Oriental, NC 28571 3. 6Type Cenifed Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mal 13 C.O.D. 4, Restricted Delivery?(&"Fee) - ❑Yes '. Article Number (rransfbr from seevice label) IS Form 3811.February 2oo4 Domestic Return Receipt 102595-02-W 1540 SECTIONSENDER:COUPf ETE THIS ■ Complete Items 1,2,and 3.Also complete A Sip _ Item 4 if Restricted Delivery is desired. n �? gem ■ Print your name and address on the reverse so that we can return the card to you. B. q0 by(Printed Alamo) C. Date of Delivery ■ Attach this card to the back of the mailplece, _ or on the front ff space pwmfts. p I. Article Addressed to: D. Is address different horn Item 1? 1j AS If YES,enter delivery address below: ❑No Madge Williams P.O. Box 337 Oriental,NC 28571 3. SaKice Type El Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C_.O.D. 4, Restricted Dellvet)?(Exha Fee) O Yes Article Number rramfer from sorvice 119W -IS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-ts4o From.1N.N.Chastam Fax: +1(252)249-2292 To Stephen Lane Fax 252 2473330 Page 3 of 7 Friday,October 2z 2004 11:02 AM '00PLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete 6lonatu Rem 4rf Restricted Delivery is desired. x II A9cot ■ Print your name and address on the reverse so that we can return the card to you. 8 Mad by Prh ) C. Date f leery • Attach lhis card to the back of the mailplece, • » e or on the front If space permits. D. Is delivery address dlAaerrt from hem 1 ❑Ayes I. Arlkie Addressed to: If YES,enter delivery address below, ❑No Paul Olson P.O. Box 658 3. Type Oriental,NC 28571 awed Mal ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mel ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ?. Article Number (rrarrsfer from servk-&Labe# 'S Form 3811,February 2004 Domestic Return Receipt io2ses mz►�tsao SECTIONTHIS ■ Complete items 1,2,and 3.Also complete A. Signature 0 Agent item 4 If Restricted Delivery Is desired. VC, (, [ rdresaes ■ Print your name and address on the reverse so that we can return the card to you. &Received by(Printed Name) C.Date f Delhrary ■ Attach this card to the back of the mailpiece, 1�4 _ _ �? V or on the front if space permits. D.is del"add reeS dtQaent from item 17 D Yes I. Article Addressed to: If YES,enter delivery address below: ❑No Edward Bliss 5511 Sandpiper Dr. Oriental,NC 28571 7 Se .ce Type Certified Mail D Expnese Mali ❑Registered ❑Return Receipt for Merchandise ❑Insured Mal ❑C.O.D. 4. Restrkted Del~(Extra Fee) ❑Yee ?. Article Number ahinsferfrom service Iabeil 'S Form 3811,February 2004 Domestic Return Receipt 1Y25e5-C2*+Iw From:k N.Chastem (Fax:+1(252)249.2292 o: tephen Lane yFax:°224 52 5330 IPage 14 f Frida October 22,2004 11:02 AM rl , Vm •I . . - r` n Psampe j t .6 .' . R1 ft"P t Cerf%d r3 C3 cArwed FaD Po Poslawk 'PC~ co RsLm Rselept Fro '�X' Hoe ;�C3 (Etd Rohr arlt ReOre Hen (lndorearerdpequked) ,S;• - ,�, -.1 7 Rsetdnlsd lbivaY fa. S > ( a n (Endae•merd Rep•rad) Ln nLn Total Poona 6 fee. $ ToW Poona 8 Fees $ _t r o • James Barden t :~..; _ a ....__ .. � 5521 Sandpiper Dr. �` ,,:...... .... r e.Poeexrw _-jgo3L..1, NC "......��. °'Po Oriental,NC 28571 ...-..... 3�cey, m"N an,'s •e Postal CERTIFIED MAIL-, RECEIPT CERTIFIED MAIL; RECEIPT m.. • (Domestic r` nj Paetepe i hb rn Po.tape $ LAb 7 GrW4d Fce 0 Grated Fee _ j ( �) `Heed �\ O (F�da aR Nequcb (r Heoa t C3sd Rrsetd Deevery Fes 11 (EndoiaamerOiRpuked) = Ln (Endarwr aRepuRed) r- 1 Ln :3 Tots' r TOW Par, i wn James Barton o o Grace Bean 2265 Fallen Tree Dr. E _ 4 ; , 6049 Dolphin Rd. •• or"_° Jacksonville,FL 32246 - c8ye.a Oriental,NC 28571 •e Postal CERTIFIED IVIAIL- RECEIPT r, CERTIFIED MAIL RECEIPT (DomesticOnly, m (Domestic For rehveiy Information ViSit Our wetsite at www.usps.curn For delivery Information visit our welasite al www.u-spb corl g r` ru Poriaps i (�; / y- f►1 Poetaps $ \?' CaMied Fee C3 cefWW Feeco PO*f" C3 t�userarl (Endo a nt Riqu4w�j r Hera / C7 Reke�d) C 1kro (End ntRaqutnd Ln (Endoitement=ReQuhed) f C3 To, Warren Bruce John Briguglio 0 5513 Sandpiper Dr, awe 14209 North 58th St. ""'"" r` s6 Oriental,NC 28571 Scottsdale,AZ 85254 - ; (UU-j 7004 0550 0000 3921 7337 44 ali A ;J vow 7004 0550 0000 3921 7184 7004 osso aii-a T921 737S 'Fn 0 Z 113- 011 L4 7004 0550 auuu 3921 7191 7004 0550 0000 3921 7214 ,R) 0 (D n CA < t-j 00 C) IV 3 W Zly t VWZ ZZ joqcqooAmp.u:l L jo 68d ossUvz(M.Z)i:Xoj), OL!ll Ue el :0 Z6ZZ-617Z(Z9Z)L+:XVJ 6LWUIP940 N I:wOJJ -ber • - • �• ; Postal 3 CERTIFIED MAIL-... RECEIPT i tr D� • 3 J (I)OmOsHC M30 Only;No insurance Coverage Provided) 1ru •. Only; Provided) J c°'' S R t It Val I Fri 11 cortl6•d Fas O c dow Foe " t3 CfflW Fee R•n.n Fe. Pow"All _ Poelmedc 01 (c •R ' ED � , 1.MlE R rRrtRiYYlrod) ti t •. IF. seertienlNequired) �" tom+ ( � F•• i - O Rea�icted Dsliaefy Fea •`'N w ItQe�•d1 \pep Ln (&KW2 meMft9"Wed) Ln (6doreBnentRequkad) N G o N Toter w t1T p M Toted Posta°-s cmo @ Toted Po' W Janet Graves o ° Richard Gahan -N 5630 Styron Dr. - _ o T° Richard Greene Q � 4ap 102 Pelican Circle °'PO Oriental,NC 28571 '` o"{�M 3392 Oakland Ave. aP01 Oriental,NC 28571 Cios t Southhold, NY 11971 _ ° • Service - U.S. Postal Service,.,. ` D • • �N CERTIFIED MAIL_ RECEIPT � r. • n n cc IVO lnsurajjc�e coverage Provided) � ml S m w, Cr Er ru •4 i ;. M s m ) - , (T1 Pat•Y• Poampe i I AI 0 COMhed Fee (� O C•dti•O Fse P4DWnMk C3 y F1wo O Cetlilud F•e ^ �, O ER.MM Rock"„t �1 P Her _ p Rou,Redept F•a O POffif1A'a1t ( A O t p•q,4ed) Ramm Rsd•pl Fae • O ReWW@d OWWWV Foe w 0 ( tY Fee ( O t � trt (Fno xwnont t�rraoAS w �, .• trf o (End°rwrewMReWdt•d� Ln (En00 ReWd^ed) M Told P°•t•ge 6 Ln d Tote)Post•oe b r— ! Ln O i O ..��_. a! o a Thomas May krantz T°`°'` "P° o "' ° Spencer Hickman, - i E3 Ibrahim Khouri r 36W'A ao:: 4696 Crossborough Rd. �beeitAv��'p; 1146 Hwy 29 B 7320 1 s � 1225 Wilderness Circle aiR°80 N0' Virginia Beach,VA 23455 °'POBo'"°-- Reidsville,NC 2 1 • cary.saP.. or PC Box"` Crete,NE 68333 cq',sdaio;� tt � a • 0 s _ • N N N oO A O N T postalCERTIFIED MAIL;.. RECEIPT - ru r . RECEIPT M1 • • 3 ,-a (nomestir Mail Only; (Dome tic mail Only;Ne in-qvr3nce Coverage Provided) rn ru C7 m POu.po $ - C3 CwWadFee V C7 CwVW Fee /a �:'. � (End ReIDrn Reeloo cN Ppspnerk _:' Cerffwd Fee .,'' Poebss* o .W Reoired) Ibite -" x r. Pbster�)t C3 Return Redept Sm `/ �'� }lery C 3 Restnr.1W Ce `�.. (EndoreetroM Regtt�(BRedaatriaed Dt twerY Fist"RsdW Fee Ul (EOd Re QUF tri rseoeM..= \. p (FTnbd4o+ts^em_en-t-R a�pidr�ed) T •� NN Ln S a -. .._.... r3 TOtat Post- w C7lp ant Richard Miller - - TOtat PN...-..e..__ a cads Trust Co o Nancy Moran �` d P.O. Box 477 N Q P.O. Box 871 . ------•- ,� Shoit,apl High Point,NC 27261 FBO Roy Archil �!'o Oriental,NC 28571 aooa P.O. Box 4310Shi - s Frederick,MD 21701 Postal o Service- -. RECEIPTCERTIFIED J.S. Postal EIPT CERTIFIED MAIL- MAIL,. RECEIPT MAIL REC rTiFIED Only.,,Domet;tic Mail allM1(m •I N m 1 Ir ru m Per�O• i' r� �m P~ O CwwedPae -lam Fee ^ G-� C3 Gsrd.ed Fae Posas - 0 Retwn RHow OUept Fee t ►O > O PAWM Redw Fee 11et0 (B,donemem RopWred) j f7ere N Re.en Redepf FM p X dMome Reowsm C 3 Raw&jsd Ch] Fee ~ r II R j8p(�DdWW Pee � (Endorsement Retuned) Al v ResA'fCed DeNrerY F•• tl1 (EMaaerearu R.ged) /~ _ prsgteeet ReQldted) I Ln Q, Tore)F o o Tote+ , John Rahm — p o r Leslie Smith L,_�, Havel0ck, Harbour Manna>LL 0 13 Hiawatha Lane o M1GaW 5764 Olde South Rd. watha Lane e.POs Havelock,NC 28532 c'�-so °'POE Raleigh,NC 27606 NC 28532 •-•-•-q T n r O Cr • N N N C. A O N I [it1i� .I 11 I i From: .N.Chastam Fax:+1 252 249 2292 To Ste hen Lane Fax '4 -3330 Page 2, f 6 Tuesday,November 02,2004 2:56 PM SF,NDE;B:COMPLETE THIS S17CTION COMPLETE THIS SECT;51V ON DELIVERY e • Complete items 1,2,and 3.Also complete A. Sigr#urf z° Rom 4 If Restricted Delivery is desired. ❑Agent ❑ t� ❑❑ ❑ ■ Print your name and address on the reverse X ❑Addressee p` so that we can return the card to you, B.Rece ved by(Printed Name) C.pate of Del very U c ■ Attach this card to the back of the mailp lece, ) or on the front If space permits. CC 1. Article Addressed to: D. Is delivery address dKiereM from em 17 ❑Yes r 04 K YES,enter delivery address below: ❑No r r e ❑❑❑ P Y � �G 3 itied Mail ❑Express Mad 5 j ❑Registered ❑Return Receipt for Merchandise m '� ❑❑ ❑Insured Mail ❑C.O.D. ¢ m m v 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) m m � m a PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M 15, , $v C SENDER: e e ON. Q o�`o ' � Y EE ■ Complete Items 1,2,and 3.Also complete A. SIg Lure v m a item 4 if Restricted Delivery is desired. Agent m m m t-, ■ Print your name and address on the reverse ❑ ressr N 0 so that we can return the card to you. B.Received bf Prnted Na—) C. D ° N ■ Attach this card to the back of the mailpiece, or on the front if space permits. �� m D. is delivery address differw*from item 1 ❑Yes u c m M C £ 1. Article Addressed to: t 3 L m 17 € M YES,enter delivery address be ow: ❑ =o„• z f= m � v E z E o -. U James Barden ; ; 8 ° w O 5521 Sandpiper Dr. Oriental,NC 28571 3. Service Type $ ❑Certified Mail ❑Express Mail o ❑Registered ❑Retum Receipt for Merchandise '?¢ . 3 z ❑Insured Mail ❑C.O.D. e ❑❑ q ❑4. Restricted Delivery?(Extra Fee) ❑Yes 1 2. Article Number (Nnsler from service labo E E O PS Fort 3811,February 2004 Domestic Return Receipt raasss oz-M-sae f z '� ¢° U 0 ❑❑❑ COMPLETE .N COMPLETE THIS SECTIONON DELIVERY �{ ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent B �' ■ Print your name and address on the reverse4?1�� ❑Addressee 121 vt ' ¢$ so that we can return the card to you. b (Prfrrted C.Date(N!7W C.Date - _ ❑❑ ■ Attach this card to the back of tfte marfpk", or on the front if space permits. m a D. is delivery address different from item 1? ❑Yes i 1. Article Addressed to: If YES,enter delNery address below: ❑No Grace Bean E T E W49 Dolphin Rd Oriental NC 28571 3. a Type o Certified Wil ❑Express Mail a°' . 0 ❑Registered ❑Return Receipt for Merchandise 0i c ,. ❑insured Mail ❑C.O.D. n m A it— 4. Restricted Delivery? t Fee) ❑Yes c $; E 9 w+ 00 N m �Q m o � 2. Article Number o — v U V (transfer from service label .�,'Z .t �i PS Form 3811,February 2004 Domestic Return Receipt 1025S15-0244150 3 c� EEt `a'dVr^I .. Una r°nQ rd V�i 0 i � 1 Sl o: 1 it 2 T__1_ From: �N.Chastam Fax:+1 252 249-2292MTon Lane Fax: 47-33307 Pace i3 f 6 Tuesday,November 02,20044 2:56 PM ND U• e c gg � o s z° f ■ Complete items 1,2,and 3.Abo complete ❑❑ ❑ item 4 if Restricted Del is desired. ■ Print your name and address on the reverse 0 r so that we can return the card to you. rrtad NameA C. of ■ Attach this card to the back of the mallplece, t o or on the front if space permits. � D.Is delivery address dllierent from item ❑Yes 1. Amide Addressed to: If YES,enter delivery address below: ❑No Z ❑❑Q C June Carpenter 5628 Styron Dr. C Oriental,NC 28571 3. Sap&Type Certified Mail ❑Express Mal rn \ RE3 Q ❑Registered ❑Return Receipt for Merchandise ❑insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ;QQ (Transfer from service lobe¢ a PS Form 3811.February 2004 Domestic Return Receipt 10e5os•o2-M-150 �,vc— SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3_Also complete A. SigZ r Rem 4 It Restricted Delivery is desired. /.V fr� 0 Agent m j m h ■ Print your name and address on the reverse X ~ ❑Addressee o o Q N so that we can return the card to you, B. Received by(Paged Name) C.Date of Delivery ■Attach this card to the back of the mailpiece, i O Z or on the front If space permits. .Is delivery adders dRfww from Rem 17 ❑Yes y rd•n ! 1. Article Addressed to: 11 YES,enter delivery address below: ❑No t E� cc: Q � Richard Creighton 3300 Leland St, Chevy Chase,MA 20815 3. Type { ffi 13.Certifiedfied b Mali Express Mail ❑Registered ❑Return Receipt for Merchandise ❑❑ 110 ❑ El ❑In— sured Mail ❑C.O.D. I o- 4. Restricted Delivery?(Extra Fee) ❑Yes O 2. Article Number ir o (1Fansler firm service laW Q PS Form 3811.February 2004 Dorneetic Retum Receipt 102s9502-M-1540 • ¢ L) '° ❑❑❑ c- ECTiON a ENDER:COMPLETE rHis s8 I Carttplete Items 1,2,and 3.Also complete A. Signature item 4 if Resmeted Delivery is desired. o ❑ant Print your name and address on the reverse �_ -^-�� so that we can return the card to you. 4ddressee 130 rt Attach this card to the back of the mailpiece, B' ved by( C.Date of Delivery x Or on the front If space permits. ✓,- 44v 4 - �Q Article Addressed to: D.Js delivery address diRerar t from Item 17 ❑yes If YES,enter delivery address below; ❑No David Dawe E o 1 Dawe Lane 8' Buzzard Bay,MA 02532 3. Type aaS g o P b€ Certified Mail ❑Express Mae a Q � ❑Registered ❑Return Receipt for Merchandise _ m ❑Insured Mall ❑C.O.D. '2 c N 4. ResMctedDelveryT(Odrafeej G�• Article Number ❑Yes C O Z ?sorrel from service labs!) Form 3811,February2004 3 (� DomestcReturnRereipt GFv m _a 70¢595o2- -M-16r0. Fa • as:� �4$ ca eti 4 r 1 11 0 1 T— From:W.N.Ghastam Fax: +1 252 249 2292 To: Ste hen Lane Fax: 47-3330 Page 4 Qo Tuesday,November 02 2004 2:56 PM COMPLETESENDER:COMPLETE THIS SECTION • o Z ■ Complete Items 1,2,and 3.Also complete ❑ item 4 if Restricted Delivery Is desired. ❑ ti ■ Print your name and address on the reverse ' dresses () C. so that we can return the card to you. g R by( C.Date Del' W� 9 3 ■ Attach this card to the back of the mailpiece, �° or on the front 4f space permits. 1 .��lo sffi D. Is dellI ery address different from item 1 ❑Y 0 g 1. Ankle Addressed to: If YES,enter delivery address below: ❑No uI Q U � � 3 Dolphin Point Boatowners Assoc. 8 6047 Dolphin Dr. 3. aType ° Oriental,NC 28571 Mail ❑Express Wil = ❑❑ a ❑Registered ❑Return Receipt for Merchandise d k o ❑Insured Mad ❑C.O.D. 4. Restricted Delivery?(Exact Fes) ❑Yea 2. Article Number m (Transfer from service label) ro PS Form 3811,February 2004 Domestic Return Receipt to2sss ox t,isao F E kn M U C 0 ke) SENDER: e • COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A Signature >v item 4 if Restricted Delivery Is desired. ❑Agent m" >~ 7 ■ Print your name and address on the reverse ❑Addressee c.i c E« cC so that we can return the card to you. (per Na,©) C. a Day m £ ,E o Cd ■ Attach this card to the back of the mailpllece, c E"� U .o or on the front it space permits. D.is delioery address differerrt from hem 1. Yes m Artois a� 1. Are Addressed to: a)If YES,enter delivery address below: ❑No ' a i ¢ U U t c 3 rip t Richard Gahan _' _' 102 Pelican Circle Oriental,NC 28571 3Lif certirrad mail ❑Express Mad o y ❑Registered ❑Return Receipt for Merchandise S ry�>m 2 ❑ ❑Insured Mail ❑C.O.D. ❑ `❑❑ 4. Restricted Delivery?(E)ft Fee) ❑Yes ti v 2. Article Number \ (Transfer from service labso E o O PS Form 3811,February 2004 Domestic Return Receipt 10259502-%1540 w v a = . LJ❑❑ 2 COMPLETE •N COMPLETE THIS SECTIONON► a 'a ■ Complete items 1,2,and 3.Also complete A. Signature o �r item 4 if Restricted Delivery is desired. X Ag t _ ' ■ Print your name and address on the reverse ' so that we can return the card to you. 13. K ad by(Frfrned Na C. D of ery n 01 ❑❑ ■ Attach this card to the back of the mallp4ece, I L• d m d a or on the front If space permits. D. Is delivery address . front ham 1? es 1. Article Addressed to: If YES,enter delivery a below: No m Janet Graves •a 5630 Styron Dr. E-2 Oriental,NC 28571 8 o 4 3. ce Type ;'v o« a � �o� 9Certified Mail ❑Express Mail C6 I 'M' E _ ❑Registered ❑Return Receipt for Merchandise m m (` ❑Insured Mad c.2 f;❑C.O.D, N O E«� m O N 4. Restricted Delivery?(Extra Fee) ❑Yes - c« �� c0y«Oy •o• C 2. Amide Number v+ 5 m `-0. U (Transfer from service Zabel) m 9 rm C. z ' t= j !'r•C� '�i Q CC PS Form 3811,February 2004 Domestic Return Receipt to2seso2-rktsao w E Fr-'E" '�q o cC O Uzac r�i Q z D 0 � ■ f II e 1 1— From:W.N.Chastam Fax +1 252 249-2292 I To Ste hen Lane Fax 47-3330 Page 5_bf 6 Tuesday,November 02,2004 2:56 PM �• COMPLETE SECTION SECDON ON ■ Complete Items 1,2,and 3.Also complete A. Signature O , Z 8 Rom 4 It Restricted Delivery is desired. ❑Agent ❑ o ❑O t5 ❑ ■ Print your name and address on the reverse X ❑Addressee ti so that we can return the card to you. ived by( ) C.Date of Delivery ■ Attach this card to the back of the mallpiece, or on the front It space permits. b' p D.Is delivery bnm item 1? O Yes 1. Article Addressed to: If YES,enter davery address below: ❑No , Q U ❑00 Thomas Maykrantz ro 1146 Hwy 29 Business $ Reidsville,NC 27320 3. ,yam V W Cwtffw Mal ❑Express Man c s V 0 ❑Registered ❑Return Receipt for Nierchardise ' < tD O ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(ExNa Fee) ❑Yes 2. Article Number -- m (1lansw from service lawCL � b PS Form 3811.February 20D4 Domestic Return Receipt ?cuss o2-M•tsto i E ; -- . . . 0 R. 11 s SENDER: . e 5€ M ?. ■ Complete items 1,2,and 3.Also complete ign lxe a �_ Rom 4 if Restricted Delivery is desired. ❑A9� at 00 ■ Print"" rint and address on the reverse X Addressee i E so that we�return the card to you. a eived b z N 7 o 00 N ■ Attach this card to the back of the mailpi y( C.Oete o vn V IO or on the front if space permits. N Is delivery address different from item 1? ❑Yes d fi 1. Article Addressed to: { ^` /{ bl o z t O YES enter delivery address ow: ❑No a- 0 Richard Miller ,. ■ ■ ■ ` P.O. Box 477 - !? ^^� � High Point,NC 27261 s. g'ceaUrAoe�il ❑Express Man 1 ❑Registered ❑Return Receipt for Merchandise m 0 ❑Neared Mail ❑C.O.D. >o 4— 4. Restricted Delivery?ill Fee) O Yes Y 2. Article Number . R,� i' cc $ Mirnsfer from servke?eW U a� Ps Form 3811,February 2004 Domestic Return Receipt taffies oz-rht sac br 2 di v �p SENDER: • • ON DELIVERYb ■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. ❑Agent F _ ■ Print your name and address on the reverse X ssee s _ so that we can return the card to you. B.Rece (Printed M C. 0 ¢ ° ■ Attach this card to the back of the mallplece, or on the front if space permits D.Is del difbrem from Item 1? ❑Yes 1 1. Article Addressed to: If YES,enter delivery address below: ❑No Nancy Moran o. • g P.O. Box 871 8 r o Oriental,NC 28571 3. ,yam a 1 8 r 4 - Certified Mall ❑Express Malt 0 7 �9� c- j O ❑Registered ❑Return ReoW for Merchandise0 o n ❑Insured Mew O C.O.D. A 8 8 p N a 4. Restricted Delivery?(Exfre Fee) ❑Yes _ 9? r 2. Article Number 8 5' i (via»sfer from service Jabet) xc o 0 PS Form 3811,February 2004 Domestic Return Receipt 1025e5-0244.1540, 9�r b U f2 d Ofz A. w I 1t • I From:W.N.Chastam Fax:+1 252 249 2292 To:Ste hen Lane Fax: 247-3330 Page f6 of,6 Tuesday,November 02,2004 2:56 PM SEN DER: • 1 m e o ■ Complete items 1,2.and 3.Also complete A re 8 z 0 item 4 K Restricted Delivery is desired. 7 ■ Print your name and address on the reverse X Addressee i so that we can return the card to you.y B. vd by(filer Name} C.Dat of ■ Attach this card to the back of the mailpiec e, ��� l I x or on the front K specs permits. • E c D.Is delivery address different from item 1? 0 Yes �' pp 1. Article Addressed to: If YES,enter delivery address below: PCNo 2 V Tr 131311 rrrNNN c John Rahm 13 Hiawatha Lane r Havelock,NC 28532 3. type PlOeMed Mail ❑Express Mail O1 a ❑❑ ❑Registered ❑Return Receipt for Merchandise ❑insured Mal ❑C.O.D. d m o ri 4. Restricted Delivery?Pit Fee) ❑Yes 2. Article Number (llanatar!torn sarvke label) m PS F(xm 3811 Fnhniary 9nn4 r)—ii,,0M.—0-ire . . • E g TSENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 2 8�s ■ Complete items 1,2,and 3.Also complete A. S ea,re Item 4 f Restricted Delivery Is desired. &)& A9nnt >10 ■ Print your name and address on the reversekn ❑Addressee has �, � so that we can return the card to you. a Received by(printed Name) C. j eJlvery N D E N • Attach this card to the back of the mailpiece, �1 6 or on the front If space permits. rsf '`4� • Q U D.to delivery address different from ism 1? ❑Yes cr1 z 1. Article Addressed to: K YES,enter delvery address below: #(No m 39 r o C ",Efog Sea Harbour Marina,LLC 0 a °Z S a 03 O 13 Hiawatha Lane ■ ■ ■ a O Havelock,NC 28532 3 7ype ff Certified Mail ❑Express Mal ❑Registered ❑Return Receipt for Merchandise ❑insured Mai ❑C.O.D. 4. Restriced Delvery7(Exba Fee) (3 yes 2. Article Number (Transfer from service A&W PS Form 3811,February 2004 Domestic Return Receipt 1026Vs02•M-1s4w SENDER: 1 ■ Complete items 1,2,and 3.Also complete A.Signature Item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X_ L.i7'1t8drsssee so that we can return the card to you. B. Received by(PNnted Name) FI.'0 Date of Delhrery ■ Attach this card to the back of the malpiece, FS��(Z ^ S� , t{ 7', 'o k or on the front if space per mils. D.Is delivery address different from item 1? ❑Yes 1. Article Addressed to: H YES,enter delivery,address below: Leslie Smith 5764 Olde South Rd, Raleigh,NC 27606 3. keType Ce OW Mall ❑Express Mail - ❑Registered ❑Retum Receipt for Merchar dise ❑Insured Mal ❑C.O.D. 4, Restricted Deivery?(Extra Fee) ❑Yes 2. Article Number (Transfer trn service kw PS Form 3811,February 2004 Domestic Return Receipt 10¢50-02-*1540 9aV t 4 1JQ�� O C T 2 0 2004, AL 1 r fiFE 2 42 ���G�lLVr'� I I, ITITI I `•1i1'{'iehead City DOIAE.CAR ". I'AMI.,1 O COUNTY 1499POTER OF O +� .p rrttpT � Q� InI t S DEED, iivide and ente *l't'>�t�oCtii.'�"Ah day of July, I1.1r4U, by and bet.wvc!n SETA HARBOUR MARINA, INC. , a North Carolina lterr'i rra f+..er called "grantor" , and SEA HARBOUR c'crlal) .,I�ttIIITIM YACITT (:tali;, INC. , a non-profit corporation under the ► ,c;s; -,f t_)te star.<, „( I1(,rth Carolina, het'e.i.na.f.te, c a1I d 1•1 I '.T N E S S E T H: J'liat. grantor, for and in consideration of the sum of ten c1c)l.l.a t '; and other gc,c,rl and valuable considerations to it paid, t.he� receipt: of which is hereby acknowledged, has bargained and gold, and by these presents does bargain, sell and convey to the yrani.��t,, Its stxccessr,rs and assigns, certain property in Number Two ( 2. ) Township, r,11lico County, North Carolina, particularly r. (jr'!-,!i.Jbed as follows: 10rUNNING at at) ji.on stake which is located the i:nilawing two Courses and distances from the 5­)tt t he,ast cor.trr_r. of the end of Harbor Way (a Town strnet) : North 090 55 ' East; 15. 15 feet; South 750 ?.0' P:nnt. 240. 38 feet ; thence from said POINT OF BEGINNING 'loitth 1.4° 06' 17" .East 17. 22 feet; thence South 09° 1 35' west 85.00 feet; thence South 780 36 ' 55" East 1.5. 19 feet; thence South 11° 23' 05" West with the ­ir.tern edge of a wooden walkway 96.70 feet to the northern Ledge of "i)" Dock;- thence South 590 08' 48" East 13 .76 feet to tho southern edge of "D" Dock; thn.nce with the edge of said dock the following three rntir.ses and distances: South 890 49 ' 06" East 158. 44 tre1: ; thence, tdclr:th 850 47' 30" East 79.88 feet; thence North 52" 36' 00" East 104. 26 feet; thence north 550 57' 27" East 53.40-feet to the southeast corner of "B" Dock; thence North 440 16' 44" East 124. 52 feet to the southeast corner of the "Fuel (lock"; thence with the eastern edge of said dock North 161 26 ' 26" West 97.00 feet; thence South 710 181 32" Wert 248.63 feet to the northeast corner of "rc"I Dock; thence` with the northern edge of "C" Dock ; North 750 31 ' 56" West 293.27 feet; thence North 280 59 ' 59" West 22.01. feet; thence South 280 59' 59" . . East: 22. .61 feet ; thence South 130 50' 46" Last 7.79 1•,tr`t to the soitt..hern edge of "C" Dock; thence South �. 12" 09' 45" Wart- 40. 21 feet; thence South 200 5G' 33" 123 . 90 feel ; thence South 141 06 ' .1.6" E'ast 6R. 45 i rt!+t tr) t:hA rol ti'C OF BEGINNING, as shown cm the map •,nt.i t.led "A f;nr n, For Sea 11arbour Marina" , prepared t,a, A. Hugh Iiai r i�;, ar. , PE-RLS, dated December 6, I989, w)ttr)r was revi.,ed on February A, 1990, May 24, .I.910, and. Tft-ay .1' , 1990 and which i.r. teccr_ded in Condo unit Book 1, Page 71, Pamlico County Registry. said mcip Is incorpor:ated herein by reference. EXCEPTING from the above-described tract are Boatslips numbered 1 through 58 and 68 through 87 as shown on the above-described map. �� V30V ViLG � FILtD ����-�vs��_ t-e PAMLICO COUNTY En e 12/23/1999 2:30 PM NOR 1'li ('11ROI,INA JOYCE E CARAMAR Register Of reeds F.'RP�II,Tr'r> r�(:)i)N'I'Y � �P CEIIS DFle,I), made and entered into Lhi.s 213rd day of 1, r­ml or , I9g9, by and hPt:.ween THE DO1,1111IN COMPANY OF ORIE:NTA1,, hor.ninra ( t.r called "arantor", and SEA HARBOUR CONDOMINIUM YACHT I w_ , Post office Box 442, Ori.ent.a 1, North Carolina 2 115 1 1, heroiriafLor called "grantee"; W I T N E S S E T H: That grantor , for and in consideration of the sum of ten dollars and other good and valuable considerations to it paid, the receipt of which is hereby acknowledged, has bargained and ld, and by these preserits does bargain, sell aril convey to the said grantee, its successors and assigns, a certain tract or parcel of land in the 'Town of Oriental, Number Two (2) 'Township, 1-1,irid i­.) County, North Carolina, part i.cularly described as 17 1. i()c.,,: : (`n the :outhws�st side of Parsons Road, NCSR 1 :349, north I the Town of_ (�i ionLal, it beinq at: t►.n irrarr stale. i.r1 tl►� sout:hwe,t_ern r:dge of said road, said stake being tt► 05' 12 ' War>t: 60. 33 feet from the intersection of the centerlines or I-larhour Way and Parsons Rc,ad; thence from said POINT OF' BEGINNING South 24° 52 ' 30" East with the edge of said road 60.27 feet; thence South 59' 40' 56" West 834 . 35 feet; thence South 29' 20' 00" East /30. 66 feet; I.hc lice South 65' 25' 00" West 60( . 07 feat ; thence North 29" 20' 00" West 730. 50 feet to a concrete monurT►ent; thence. North 59' 40' 56" East 1439. 12 feet to the POINT OF BEGINNING, containinc; 11 . 629 acres as shown on that n►ap entitled "SURVEY OF 11 . 62.9 AC12E PARCEL SUBDIVTOED FROM THE PROPERTY OF THE DOLPHIN CO. FOR SEA HARBOUR CONDOMINIUM YACHT CLUB, INC. ", prepared ley Atlantic Survey & Design, dated October 2.2, 1999, which map is recorded in Plat Cabinet A, Slide dZ_a, Pamlico County RQg.i.stry and is incorporated herein by t r-fer.ence. AN APPURTI�NANC;F, to the above-descr.i bed tract the ` . i <. c:f.nnveyed h<:rrwi.t_h a perpetual, non-exc.lu5ive IV ED �. r,-isntnerit: f.ifl.enn feet. .in width for the purpose of ,. i w-t:al.l ing on shove, ground intake pipnli.ne rver and OCT 2 0 2004 :i I tinq the fo lluwi nq described par.(;el , the we.,tern line � .. r which is desc•rihed as follows: Beginning at t.11g�A .� ,ijI:hwest corner of the above-described 11 . 629 acr�V'orehe DCM o t r Fic:t and running South 29° 20'00" East with grantor Fs o H western line to its intersection with the northern edge fJ N a of Parsons Road or its extension. Grantee in accepting this deed, agrees that in the event said tract is utilized as a dredge spoil site, c z that grantee will maintain a "buffer zone" fifty feet q in width along the eastern and southern line of the 4; above-described tract, in which no clearing or cutting, of trees may occur in order that the spoil site not be u visible from grantor's adjoining tracts. Grantor . iagrees that grantee may clear an area sixty .feet in width II". I) pauiDmentntot southern nspoild t site duringI <� `t4-t R4 !C 6 NORTH CAROLIN OCT 2 0 2004` PAMLICO COUNTY Morehead City DCM THIS AGREEMENT, made this 23rd day of December, 1999, by and hetween MILES'C. SHOREY, III and wife, JANICE S . SHOREY, hereinafter referred to as "the Shoreys", and SEA HARBOUR CONDOMINIUM YACHT CLUB, INC. , . hereinafter referred to as "the Club"; W I I 'N_ E S S E T H: WHEREAS, the Club has this date purchased 11 , 629 acres which adjoins the Shoreys' property; and WHEREAS, said purchase was conditioned on the Shoreys allowing the Club to install-an- above-ground spoil discharge pipeline across the Shorey property;' and WHEREAS, the Shoreys have agreed to said pipeline in consideration of the Club conjey-ng to the Shoreys a sixty (60) foot wide access easement; and WHEREAS, the Club has this date conveyed to the Shoreys said easement. NOW, THEREFORE, in consideration of said conveyance and the mutual agreements set forth herein, the parties agree as follows: (1) The Club shall' have the right to install a discharge pipeline from the Club' s western line across the Shorey property in the general direction of the Shorey's northwest corner. (2) This, right is conditioned on and subject to the following: (a) Said pipeline shall be above ground except where is crosses a roadway, at which point the pipeline shall be buried so as to not impede the Shoreys' use of the roadway; and o (b) The pipeline shall be installed to the point of discharge as required by CAMA in the most direct route; and (c) The pipeline shall be installed in such manner as to create the least impact to any standing trees on the Shorey q property while meeting the requirements of each dredging c, project. Sd) This right Shall only be exercised by the Club ., t-- a. 0"" during actual d-iredging�-opardt'ions of-t Creek Channel,_, LU Cr.a: and ht -shgXl.,. expire on December 31, 2049. 1-3