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HomeMy WebLinkAbout109-03 Albemarle Plantation Marina/HPB Enterprises Permit Class Permit Number NEW 109-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Albemarle Plantation Marina/HPB Enterprises, One Plantation Drive, Hertford, NC 27944 Authorizing development in Chowan & Perquimans County at mouth of Yeopim River at Albemarle Sound, off SR 1347. Albemarle Plantation S/D , as requested in the permittee's application dated 11/7/02. including attached the workplan drawings (4), 3 dated rcvd 11/13/03 & 1 dated rcvd 11/6/02&the EA/FONSI dated 3/11/03. This permit, issued on August 5, 2003 , 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. Excavation 1) In order to protect fisheries resources, no excavation or filling will be permitted between February 15 and October 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Prior to the commencement of any excavation activities, the permittee shall conduct a survey for submerged aquatic vegetation within the channel alignment. This survey should be submitted to the U.S. Army Corps of Engineers,Division of Marine Fisheries and the Division of Coastal Management. 3) No vegetated wetlands or submerged aquatic vegetation will 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. on)a D. Moffitt, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Divisio Coastal Management Lyour t cease when the permit expires on This permit and its conditions are hereby accepted. 31,2006 s permit, the State of North Carolina agrees t is consistent with the North Carolina Coastal ogram. Signature of Permittee Ito- Albemarle Plantation Marina/HPB Enterprises Permit#109-03 Page 2 of 3 ADDITIONAL CONDITIONS 4) Excavation will not exceed -7 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 6) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters. Spoil Disposal 7) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8) The disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 10) 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.). 11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 12) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 13) 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 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 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Albemarle Plantation Marina/HPB Enterprises Permit#109-03 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit.. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 030615), which was issued on 7/27/03. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310607. ALT4 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 6,2003 Albemarle Plantation Marina/HPB Enterprises One Plantation Drive Hertford,NC 27944 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and 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. 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, ar7d 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 would be 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. erely, , V 0 P �� G Douglas VV:.-Hngg t :. �......:.. Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Albemarle Plantation 2. LOCATION OF PROJECT SITE: 1900 Ft ESE Drummond Point, Chowan County/Perquimans County, at the mouth of Yeopim River and Albemarle Sound Photo Index -2000: N/A 1995: N/A 1989: N/A 1984: N/A 1978: N/A State Plane Coordinates - X: 2767600 Y: 853100 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/05/2003 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 11/13/2002 - receipt of EA FON Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Chowan/Perquimans counties Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW RECEIVED (C) Water Dependent: Yes (D) Intended Use: Public MAY 1 6 2003 (E) Wastewater Treatment: Existing - N/A DIV.OF COASTAL MANAGEMENT Planned - N/A RALE10H (F) Type of Structures: Existing - Marina Planned - Navigation channel (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other PTA, EW 35,865 sq ft (D) Total Area Disturbed: 35,865 sq ft (.823 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No Yeopim River SB Open: Yes Albemarle Sound 8. PROJECT SUMMARY: The applicant proposes to excavate a channel through a shoal located at the mouth of Yeopim River and the Albemarle Sound. FIELD INVESTIGATION REPORT: ALBEMARLE PLANTATION PAGE #2 NARRATIVE DESCRIPTION The project site is a shoal area located 1900 ft ESE from Drummond Point, Chowan County in the mouth of Yeopim River and the Albemarle Sound. The site is located near the approximate boundary of Chowan and Perquimans counties. The bottom in the general area of the proposed development is sandy with water depths ranging from -4 ft to -8 ft below normal water level (NWL). The applicant has constructed a 212 slip marina upstream of the development site that is capable of accommodating vessels up to 60 ft long. The water depths at the marina range from -6 ft to -8 ft. Vessels that use the marina access Albemarle Sound via a marked channel that crosses the shoal area. The waters of Yeopim River in this area are classified as SC and are closed to shellfish taking. The waters of Albemarle Sound in this area are classified as SB and are open to shellfish taking. DEVELOPMENT PROPOSAL In order to provide safe navigation passage for vessels that use the existing marina, the applicant proposes to excavate the shoal area that crosses the existing marked channel from Albemarle Sound to Yeopim River. The applicant proposes to dig a channel through the shoal area to a water depth of-7 ft below NWL. The proposed channel will be approximately 747 ft long and 48 ft wide at the top of the channel bottom and 30 ft wide at the bottom. The bottom material will be excavated from a barge by a crane and the spoil will be placed in a scow and transported to a marine contractor's docking facility adjacent to the Chowan River Bridge, US 17, Chowan County. The spoil will be off loaded to dump trucks and transported to an upland disposal site known as the Waff Contracting Mine Site, NCDENR DLQ Mining Permit #16-1, in Chowan County west of SR 1204. ANTICIPATED IMPACTS The development proposal will disturb approximately 35,856 sq ft of Public Trust Area and Estuarine Water Areas of Environmental Concern. Approximately 2,374 cubic yards of bottom material will be removed and placed at the upland disposal site. Negative environmental impacts appear to be largely temporary in nature, and this project should mitigate the frequent increase in water turbidity associated with transit of vessels with minimal bottom clearance. An environmental assessment has been completed and a finding of no significant impact was issued on May 11, 2003 for this project. Submitted by: Frank Jennings Date: May 15, 2003 Form DCM-MP-1 IVED APPLICATION NOV 1 3 1002 (To be completed by all applicants) `.;Cy ,y ib1ANgGEMENI, F-Li ASE-Thi CITY d. Is proposed work within city limits or planning 1. APPLICANT jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, a. Landowner: Albemarle Plantation Marina creek, sound,bay) Albemarle Sound Name HPB Enterprises (by deed) Attn: Adam Alphin Address One Plantation Drive City Hertford State NC 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Zip 27944 Day Phone 252-426-1128 Fax 252-426-3009 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and b. Authorized Agent: excavation and/or filling activities. Dragline Dredging of Access Channel Name Environmental Professionals,Inc. (747 ft x 39 ft x 2.2 ft=2,374 cu.yds) Open water project with the spoil disposal handled by WAFF Contracting Address PO Box 3368 City Kill Devil Hills State NC b. Is the proposed activity maintenance of an existing project,new work,or both? Both Zip 27948 Day Phone 441-0239 c. Will the project be for public, private or commercial use? Community/Public Fax 441-0721 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. c. Project name(if any) Albemarle Plantation Marina If more space is needed, please attach additional EPI#01-014 pages. Project to provide safe and adequate draft for ineress and egress for residents and transient vessels. NOTE: Permit will be issued in name of landowner(s), and/or Providing a defined channel will concentrate boat Traffic and lead to less disturbance of the shallow project name. water habitat from prop-wash. After construction this channel will reduce turbidity from prop wash in shallow waters. One disposal area is proposed, the 2. LOCATION OF PROPOSED material will be transported by barge to Waff PROJECT contacting shop, offloaded and then trasported to an off-site disposal site in Chowan County(see attached maps). The spoil will be de-watered on a barge at the a. County: Open Waters in the Albemarle Sound dredging site prior to transport. b. City,town,community or landmark:Hertford,NC c. Street address or secondary road number NCSR 1347 Form DCM-MP-1 APPLICATION (To be completed by all applicants) I. Are there wetlands on the site? Yes X No 4. LAND AND WATER Coastal(marsh) Other,_ CHARACTERISTICS If yes,has a delineation been conducted? (Attach documentation,if available) a. Size of entire tract N/A(open water dredging) in. Describe existing wastewater treatment facilities. Individual septic systems b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL Open water dred ' — n. Describe location and type of discharges to waters of state. (For example, surface runoff, sanitary d. Soil type(s)and texture(s)of tract wastewater, industrial/commercial effluent, "wash Sand/silt sediment tvoical to area down" and residential discharges.) Dewatering of spoil material on a barge at the dredge site in open e. Vegetation on tract (Dredge project area) waters at the confluence of the Yeopim River and the Mvrjophllum w. and sparse Ruppia maritime Albemarle Sound. f. Man-made features now on tract. Marina, bulkhead, pump out facilities,clubhouse o. Describe existing drinking water supply source. Perauimans County Water System g. What is the CAMA Land Use Plan land classification of the site?(Consult the local land use plan) Conservation Transitional Developed X Community Rural Other 5. ADDITIONAL INFORMATION h. How is the tract zoned by local government? In addition to the completed application form Residential p pp , the following items must be submitted: i. Is the proposed project consistent with the applicable zoning? —Yes X No • A copy of the deed (with state application only) or (Attach zoning compliance certificate,if applicable) other instrument under which the applicant claims title to the affected properties. If the applicant is not j. Has a professional archaeological assessment been claiming to be the owner of said property,then forward done for the tract?—Yes X No a copy of the deed or other instrument under which the If yes,by whom?— owner claims title, plus written permission from the k. Is the project located in a National Registered owner to carry out the project. Historic District or does it involve a National Register • An accurate, dated work plat (including plan view listed or eligible property? and cross-sectional drawings) drawn to scale in black Yes X No ink on an 8 1/2" b 11 white paper." a Y p p (Refer to Coastal JIVED FormDCM-MP-1 NOV 13 2002 COASTAL IViANAGUA+ENT ELIZABETH CITY Resources Commission Rule 7J.0203 for a detailed description.) • A check for $250 made payable to the Department of Environment, Health, and Natural Resources Please note that original drawings are preferred and (DEHNR) to cover the costs of processing the only high quality copies will be accepted. Blue-line application. prints or other larger plats are acceptable only if an adequate number of quality copies are provided by • A signed AEC hazard notice for projects in applicant. (Contact the U.S. Army Corps of Engineers oceanfront and inlet areas. regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel • A statement of compliance with the N.C. unfamiliar with the area to the site. Include highway or Environmental Policy Act(N.C.G.S. 113A- 1 to 10) secondary road(SR)numbers, landmarks, and the like. 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. •A Stormwater Certification, if one is necessary. •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners 6. CERTIFICATION AND PERMISSION have received a copy of the application and plats by certified mail. Such landowners must be advised that TO ENTER ON LAND they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant I understand that any permit issued in response to this further certifies that such notice has been provided. application will allow only the development described in the application. The project will be subject to conditions Name _Jeffrey and Barbara Vandyke and restrictions contained in the permit. Address 3111 Queen's Crown Dr./Midlothian VA 23113 Phone I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's Name Kermit and Patricia Quick approved Coastal Management Program and will be Address 8910 Bordeaux St.,Alexandria VA 22309 conducted in a manner consistent with such program. Phone Name Wharf Landing L L C Paul A Waff Jr I certify that I am authorized to grant,and do in fact, grant Address P.O.Box 237 Edenton NC 27932 Permission to representatives of state and federal review Phone 252-482-7071 agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Waff Contracting Inc Paul A Waff Jr Permit application and follow-up monitoring of the Address P.O.Box 237 Edenton NC 27932 project. Phone 252-482-7071 I further certify that the information provided in this • A list of previous state or federal permits issued for application is truthful to the best of my knowledge. work on the project tract. Include permit numbers, permittee,and issuing dates. "r� 200 ;L This is the day of No v. - Proiects are on file in NCDCM files for this Print Name eadR (l Tccrata e— c Marina.uermit numbers unknown Signature s t Form DCM-MP-1 Landowner or Authorized Agent P. �. ® Please indicate attachments pertaining to your proposed N 0 V 13 1 n f' project. ,,,AMNAGEMENT X DCM MP-2 Excavation and Fill Information ELIzi-kBETH CITY X DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCM-MP-2 EXCAVATION "EIVED NOV 13 2002 AND FILL CQAS1`;;L MANAGEMENT ELIZABETH CITY (Except bridges and culverts) Attach this form to Joint Application for CAMA 1. EXCAVATION Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application a. Amount of material to be excavated from below that relate to this proposed project. MHW or NWL in cubic yards 2,374 Cu.yds Describe below the purpose of proposed excavation b. Type of material to be excavated Sand/silt or fill activities. All values to be given in feet. Average Final c. Does the area to be excavated include coastal Existing Project wetlands? Yes X No Length Width Depth Depth Access d. Highground excavation in cubic yards N/A Channel 747 ft. 48 ft. 4.8 7 ft. (MLW)or (NWT.) 2. DISPOSAL OF EXCAVATED Canal MATERIAL a. Location of disposal area: Off-loading to occur Boat at Waff Contracting Basin N/A ----- Shop. Disposal site is at Waff Contracting Mine Site Boat previously approved highground site NCDENR Permit#16-1) Ram N/A __ See Attached Maps by WAFF Contracting (Authorization letter from WAFF Contracting also attached) b. Dimensions of disposal area Rock SITE#1--5.03 acres (See map ) Groin N/A ------- ------- c. Do you claim title to disposal area? Rock(rip rap) Yes X No Breakwater N/A ------- If no, attach a letter granting permission from the ______ ______ owner. See attached letter granting permission Other (Excluding d. Will a disposal area be available for future shoreline N/A - _ _ - _ Maintenance. X Yes No stabilization) If yes, where? Waff Contracting Mine Site 5.03 acres. NCDENR Permit # 16-1. Revised 03195 Form DCM-MP-2 (1) Amount of material to be placed in the e. Does the disposal area include any coastal water N/A wetlands(marsh), SAVs or other wetlands? (2)Dimensions of fill area N/A Yes X No Previously approved mine site NCDENR#16-1 (3) Purpose of fill N/A f. Does the disposal include any area in the water? Yes X No b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? N/A 3. SHORELINE STABILIZATION N/A Yes X No a. Type of shoreline stabilization N/A 5. GENERAL Bulkhead Riprap a. How will excavated fill material be kept on site b. Length N/A and erosion controlled? _ Silt fence around the disposal site will be c. Average distance waterward of MHW or NWL emplaced. Sedimentation and Erosion Control N/A permit issued as part of Mining Permit NCDENR DLO #16-1 d. Maximum distance waterward of MHW or NWL N/A b. What type of construction equipment will be used(for example, dragline, backhoe, or e. Shoreline erosion during preceding 12 months hydraulic dredge)? N/A Dump truck and front end loader (Source of information) c. Will wetlands be crossed in transporting f. Type of bulkhead or riprap material Equipment? Yes X No N/A If yes, explain steps that will be taken to lessen Environmental impacts. g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead fill N/A h. Type of fill material N/A Albemarle Plantation Marina, EPI#01-014 Applicant or Project Name 7 I. Source of fill material N/A signature Date 4. OTHER FILL ACTIVITIES N/A IVED (Excluding Shoreline Stabilization) "' a. Will fill material be brought to site? N/A NOV 13 2002 Yes No COAST,.;!_ MAINAGEMENT If yes, ELIZ; K TH CITY Revised 03/95 Form DCM-MP-3 UPLAND o V 1 DEVELOP 3 Z°°� (Construction and/or land disturbing activities) `<<�-3B_Ty CG1Ty—NT Attach this form to Joint Application for CAMA Major may also require a Stormwater Certification. Has a site Permit, development plan been submitted to the Division of Form DCM-MP-1. Be sure to complete all other sections of Environmental Management for review? the Joint Application that relate to this proposed project. Yes X No a. Type and number of buildings, facilities,units or structures If yes, date submitted Mining Site permit#16-1 proposed i. Describe proposed method of sewage disposal. Dredge spoil disposal area at Waff Contracting Mine Site N/A NCDENR DLQ Permit# 16-1 j. Have the facilities described in Item i.above received b. Number of lots or parcels 1 state or local approval? N/A (Attaeb appropriate documentation) c. Density(give the number of residential units and the units k. Describe location and type of proposed discharges to per acre) N/A Waters of the state(for example,surface runoff, sanitary Wastewater,industrial/commercial effluent, "wash down" Dewatering will take place at the dredging location d. Size of area to be graded,filled or disturbed including Contractor shall not trans-port dreaded material into roads,ditches, etc. 1.7 acres covered under Mining other areas prior to complete dewatering.This NCDENR DLQ Permit#16-1 dewatering shall be sufficient enough to allow adequate protection by a silt fence of the waters and wetlands of e. If the proposed project will disturb more than one acre of the spoil retention areas once material is transported to land,the Division of Land Resources must receive an the disposal location Upland site at Waff Contracting erosion and sedimentation control plan at least 30 days Mine_Site before land disturbing activity begins. If applicable,has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If Yes, date submitted NC DLQ Mining Permit#16-1 1. Describe proposed drinking water supply source (e.g. well,community,public system, etc.) f. List the materials(such as marl,paver stone, asphalt, or N/A or concrete)to be used for paved surfaces. N/A m. Will water be impounded? Yes X No If yes,how many acres? N/A n. If the project is an oceanfront development, when was the g. Give the percentage of the tract within 75 feet of MHW or Lot(s) platted and recorded? N/A NWL,or within 575 feet in the case of an Outstanding Resource Water,to be covered by impervious and/or built- Albemarle Plantation Marina EP1#01-014 upon surfaces,such as pavement,buildings,rooftops,or to Appitc nt or�,Proj�e�t,Na be used for vehicular driveways or parking. N/A 'ti ' %C sw� !Y-7—d � Signature h. Projects that require a CAMA Major Development Permit Date OCT-22-2002(TUE) 09:06 (FAY,)2524261710 P. 002%002 M-BE MVE P NO U 13 ?002 COASTA'..fAA;-,IAGEMSNT ELI�;=��,i H CITY October 22, 2002 Environmental Professionals Att„: Keiidall Turnage CAMA Application Authorization Letter Albemarle Plantation hereby gives .Enivironmcntal Professionals, :Cnc. permission to submit all necessary forms and applicatioa..is for the CA.MA Major Development permit on their behalf. fL-M-� Si�mature Elwood Perry, Jr.,-D, per A World C114s Golf AM Boning Community WAFF CONTRACTING INC. Paul E.Ws P.O. BOX 237 * EDENTON, NC 27932 Pr"Idw OFFICE.,(252)48,' FAX(252)48'a (N--tobcr 15. 2002 SHOP:(252)48,' 7� Mr. Kendall Turnage D Environmental Professionals LIZ PO Box 3368 NOV J 3 2002 Kill Devil Hills, NC 27948 "CIAE""l-i-k'..;�,&tJNAG EM ENT F.ef: Albemarle Plantation EU21��,BC--,`H CITY Hertford, NC Sub: Dredge Material Dear Mr. Turnage: With regards to out conversation., it is our intent to barge all excavated material back to our yard in Edenton for disposal, see attached location map. The material will be off loaded and placed in stockpiles and/or used for fill.in high ground and previously pem-litted fill areas at our office and shop complex. Please call if you have nay qtiestions or require additional inforniation, Sincerely, Waff Contracting, Inc. (2--A tiAm4vq. Patrick Wemp)A Secretary /Treasurer SPECIALIZING IN BU'LKHEADTNG-PILE DRMNG-CRANE RIGGING#GENERAL CONSTRUCTION-h4APJNR('0NqTR1rk-,mnu WAf F CONTRACTING INC. Paul E.Waff, P.O. BOX 237 • E©ENTON, NC 27932 Pres,,a„t OFFICE: (252)462-70 FAX:(252)482,48 SHOP: (252)482.51 November 8, 2002 To Whom It May Concern: Subject to Waff Contracting having an approved disposal area available, we will accept dredge or spoil material from future maintenance dredging work that we perform for Albemarle Plantation with respect to their proposed access channel to the Yeopim River to the Albemarle Sound. The final disposal area may vary with&.e suitability of the dredge material for reuse. ,.!" Sincerely, Waft'Contracting, Inc. N O V 1 3 ?n 0 2 OOASIN. v-,Ic,GEMENT IAJ � ELiZAEK-- H CITY Patrick Wemn Secretary/Treasurer SPECIALIZING IN BULKHEADING PILE DRIVING•CRANE RIGGING•GENERAL CONSTRUCTION MAP-ME CONSTRUCTION FINDING OF NO SIGNIFICANT IMPACT Albemarle Plantation—Excavation of Channel'Within Yeopim River/Albemarle Sound Perquimans County The following is a Finding of No Significant Impact (FONSI)for the proposed Excavation of Channel Within Yeopim River/Albemarle Sound by Albemarle Plantation in Perquimans County. The proposed development, as outlined in the Environmental Assessment(EA),includes dredging a new channel within the Yeopim River to access the Albemarle Sound. The project need is to allow for safe passage of water vessels accessing the Albemarle Sound. The proposed channel dimensions include a 30-foot wide bottom, 48-foot wide top, with a depth of 7-feet below normal water level (NWL). The new channel will extend along a 747-foot long area approximately 1,900 feet off of Drummond Point, beyond the NWL, and would be oriented in a north-south direction; more specifically, 303 feet from the existing navigation green daybeacon#3,extending 444 feet north of the same daybeacon. Dredge spoil disposal will be placed on an approved high ground area. This EA/FONSI are prerequisites for the processing of a Coastal Area Management Act (CAMA) Major permit application by the Division of Coastal Management. It is concluded that the proposed project will not result in significant impacts to the environment provided that it can be permitted and subsequently developed consistent with the State guidelines in the Rules of the Coastal Resources Commission and the avoidance/mitigation measures contained in the EA. An Environmental Impact Statement(EIS)will not be prepared for this project. North Carolina Division of Coastal Management March 11, 2003 r k WED NOV 13 2002 —:> - y - L y�,.NAGEMENT URI FLL", BETH CITY I t1L Lt C.c. il1 " I �, 1 IlY! 7241 a t 1 k \ Fonl 1i-' MP.•lon Gy 11L 1 Vil � � r,.•,•I P < 0. I 1 Rockyhock CA. Zr1 \� LIL! , '�HURHEM °ll0J 0, " 12R1 "/f •'.MILL „I I C L...r.,s POND LILU \ 111E . .A 1 17 t111. 1 ° .17 1 01 " IA1 ~ O 1 !f _ 1 �tX 17,77 ' V•IA011°. !7J �- .� I _ L1Q7 ILLL I •i ll41 1 y 1� c o� P I UK Lm • s 1 O"f .,;. a•°. I INSET 2 - rwz a u 1 "o' 1i40 u11 �` a LLt ua 1 f 07 94 o - . iJ•� � �d L121 i 17P1 J10. �.1 701 F.s .I t u7o 11�1 ° 77 1 \ � � w 77 17, v _ 4 1�� to ,jlr .i•u ,��.�� ' UP ^ opirn ?7� •�V l? EDENT 11 A rPr.1.717 a ${< j� ro k.- �� '�•• 'll2! r. a �\ �\`\, \ .d I 7 t Iltiij:.:..::.5"•:.y: ..i:���+ ...i+,PaY o �- 7.7 LL.I _ r Il�d L1Q1 "DISPD5AL E ~ L,71 PROPOSED BARGE 1-d7 4: I'I i 77 Qt.51.1dv1• �UNLgADING SITE II \\ Ed<nlw M—iaP°I Airport I� ' ♦ L!r v r Sendf fear - • I Y I O .� IE ' � L A R : L 13 WAFF CONTRACTING INC. P.O.BOX 237 EbENTON,N.C.27932 /• r % LOCATIOt,I MAP FoR SAT BASItN ANU) [DISPOSAL SITE K OY: IS Sur.6s �P.J.ti6+pa _ , AGGE55 ROAD ` I nk -------------- ---I G— WAFF SHOP ' ......... ' - - -F-- EXI5TN6 BA5N GOM'LETED POWTTED �. I I --- ' PERMT 113-66 (no work) I `• Jill ......................... . EXI5TNG 5HORELNE DEGK SUPPORT (approx.) r� '' r, ' PILNG Exieting 5horchne (approx.) DEGK SUPPORT 5TRUGTURE GOM°LETED N THI5 AREA. 5T�PERMT 9 EXISTN 3-86 G PIER DECK, AND T 51JD5TRUGTURE FOR LOWER 9 86 LEVEL DEGK. PERMT 93-86 MOORNG PILE5 E PER UNDER GON5TRUGTION ' PERMT 16-W DEGK SUPPORT 5TRUGTURE "WAN KNER GOMPL..ETED N TH5 AREA. BOAT HOUSE PILNG PERMT 93-56 FLOW PERMT 16-91 O � SCALE: 1"=250• � s DATE: 10/30/02 01 0-, DRW BY:' REVISION: DATE: CNN BY: PJW DEN BY: WAFF CONTRACTING, INC. F! Edenton, North C—H— __.; oFil WORK AREAS SHOWN FOR DOTH 95-86 AND 16-91 Waff Contracting Basin& Piers CHOWAN COUNTY, WXTH z Construction Pro re55 Ma FILE NO.: DRAWING NUMBER: PAGE: 1 of 1 J.A. Morgan, Heirs I Property Line Metal Building s Storage / S.R. 1239 Access road Active mine area, / 0.3 acre Woods ' Excavated Pond Area of mine activity in 2000 Closed Borrow Pit backfil� & graded, 1.7 acs +,- #eyerhauser s Excavated Pond III 10 acres Klosed Borrow Pit _ Reclaimed O 2 acres II Office & Reclaimed _ III- access drive �IIIII Future mine area, J _ Excavated Pond I 1 acre, +,— 1 rS�¢ Closed Borrow Pit / 2 acres Reclaimed des ie Woods ` / s Access Road SR 1204 �To Highway 17 North ROW for Wildlife Access NCDOT NCDOT service road ,D R CD DATE: 1/25/01 DRW BY: :C>i PJW REVISION: DAT6: CHIC BY: WAFF CONTRACTING, INC. I�-� OEM BY: —��' � � Fdanton, North Ca�llna > 0;; � ��� Waff Mine #1 NCDENR Permit 16-1 ,v CHOWAN COUNTY, NORTH CAROLINA z Annual Reclamation Ma FILE NO.: DRAWING NUMBER: PAGE: NWL 4.8' AVG. DEPTH AT MHW 50 EXISTING BOTTOM FINAL PROJECT DEPTH AVG. 2.2' FROM MHW 7' 30' 9' 9' A A' DREDGING CROSS SECTION SCALE: 1 "= 10' ENVIRONMENTAL PROFESSIONALS, INC. ALBEMARLE PLANTATION MARINA Planning for a Better Environment CAMA MAJOR PERMIT 2810 N. CROATAN HIGHWAY ---- �; P.O. BOX 3368 PERQUIMANS COUNTY NORTH CAROLINA KILL DEVIL HILLS, NC 27948 mm (252)441-0239 SCALE: 1"=10' DATE: 4/11/02 r cr:� ,� (252)441-0721 (FAX) ` JOB#: 01-014 DRAWN BY: RW REVIEWED BY: GW ►_,i ii T FOR PERMITTING PURPOSES ONLY--NOT FOR CONSTRUCTION iq < :v Z -i DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Albemarle Plantation County: Chowan/Perquimans LOCATION OF PROJECT: 1900 feet ESE Drummond Point, at the mouth of Yeopim River and Albemarle Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/13/02-receipt of EA FONSI 0� FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Frank Jennings DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: 7,S B) DATE APPLICATION RECEIVED 7INALEIGH: 5''6-o FEE REC'D:$ Z/10O PUBLIC NOTICE REC'D: EN) �F NOTICE)ATE: � s ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: ✓ APPLICATION ASSIGNED TO: S ON:S--0-0.3 C) 75 DAY DEADLINE: _7�31 150 DAY DEADLINE: 5 l2r /s3 MAIL OUT DATE: S 1 O`� STATE DUE DATE: FEDERAL DUE DATE: GZo?Flv3 FED COMMENTS REC'D: l2_5 /u PERMIT FINAL ACTION: ISSUE DENY DRAFT ON Z AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative 5 l2zlo 3 ✓ Coastal Management- LUP Consistency 7 3`c"3 " Division of Community Assistance S— y/U3 Land Quality Section -4-12 3/"3 Division of Water Quality Ov 630 61 5 ls5 jq-e-, Storm Water Management(DWQ) !o A, /03 State Property Office Slot 3lvJ ✓ Division of Archives &History Division of Environmental Health Division of Highways Wildlife Resources Commission 4 `� �d3 ✓ C'Ux�lvl=�/1'1 Division. of Water Resources '] (r/(J3 Division of Marine Fisheries w�rvi!E! Submerged Lands (DMF) Permit# /O Q-v3 ILr DCM Coordinator: ✓S I MAILING DISTRIBUTION: Permitee: 44ACANAL E /"C,4W?7MVA-� Agent: /y�2n�/MEa/i�c. PRv��rfi ow.o cs DCM Field Offices: Elizabeth City Morehead City wft4liltL_ , Wes, b US Army Corps of Engineers (USACE): Washington: T) B' OT) Raleigh Bland Wilmington: iZave T' y (NCDOT) Hei cker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Gina BLookst3-W f:75w/e, State Property Office: Joseph Henderson Water Quality: John Dorney JohnT) Water Resources: John Sutherland Wildlife Resources: David McHenry ) Tr T) FAXING DISTRIBUTION: Permitee at c;?,Sa IQ 6 3 o y Agent at QSA 44VI O-7.7/ DCM Field Offices: Elizabeth City Morehead City Veen W4h,� US Army Corps of Engineers (USACE): Washington: M Gq-)- Bil, �,. r �T) Raleigh Bland Wilmington: �eTi y(NCDOT) He er Updated as 2/7/03 -3- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City,North Carolina 27909 DEPARTMENT OF THE ARMY / WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO RECEIVED July 29, 2003 Regulatory Division AUG 1 1 2003 DN.OF(;0A ALMw%*IESR Action ID No. 200310607 RN" Mr. Doug Huggett Division of Coastal Management 4 North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of the Albemarle Plantation Marina for a Department of the Army(DA) permit to excavate a channel through an existing shoal located at the mouth of the Yeopim River in the Albemarle Sound, near Drummond Point, Perquimans and Chowan 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. Prior to any excavation activities, the permittee shall conduct a survey for submerged aquatic vegetation within the channel alignment. This survey should be submitted to the Corps and the Division of Coastal Management. 2. The permittee will be required to prepare and implement a compensatory mitigation plan to address any impacts to submerged aquatic vegetation associated with this project. 3. All work authorized by this permit must be performed in strict compliance with the permit plans,which are a part of this permit. 4. 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, -2- 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. 5. In order to protect aquatic resources, no excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. 6. Excavation will not exceed—7 feet below the elevation of mean low water (MLW). 7. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 9. 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. 10. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, "4" Raleigh Bland, P.W.S. Regulatory Project Manager -3- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 -4- Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 Commanding Officer U.S. Coast Guard Marine Safety Office Wilmington 272 North Front Street, Suite 500 Wilmington, North Carolina 28401-4895 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO July 7, 2003 Regulatory Division Action ID. 200310607 2003 amoF Albemarle Plantation Marina Attn: Adam Alphin One Plantation Drive Hertford, North Carolina 27944 Dear Mr. Alphin: On May 20, 2003,we received your application for Department of the Army(DA) authorization to excavate a channel through an existing shoal located at the mouth of the Yeopim River, in the Albemarle Sound,near Drummond Point,Perquimans and Chowan County,North Carolina. After review of your proposal, the United States Fish and Wildlife Service recommended denial of your application and plans by letter dated June 25, 2003 (copy enclosed). These recommendations are due to anticipated adverse environmental impacts. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard,I would appreciate being made aware of your intentions, in writing,on or before July 21, 2003. Mr. Raleigh Bland of the Washington Regulatory Field Office staff, telephone (252) 975-1616, extension 23,is responsible for processing your application and is available to assist you in coordinating with the review agencies. Sincerely, Kenneth Jolly, P.W.S. Chief, Regulatory Division Enclosures -2- ..Y Copies Furnished (with enclosures): Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 Environmental Professionals, Incorporated Post Office Box 3368 Kill Devil Hills, North Carolina 27948 Copies Furnished (without enclosures): r. Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 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 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 -3- Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 r ENT Or United States Department of the Interior ' FISH AND WILDLIFE SERVICE Raleigh Field Office w Post Office Box 33726 face �4OCH Raleigh,North Carolina 27636.3726 JUN 2 c 2003 June 25, 2003 [D Mr. Raleigh W. Bland U. S. Army Corps of Engineers Washington Regulatory Field Office P. O. Box 1000 Washington,North Carolina 27889-1000 Subject: ID No. 200310607, Albemarle Plantation, Perquimans County,North Carolina Dear Mr. Bland: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice(PN), dated May 27, 2003. The applicant, Albemarle Plantation,has submitted an application for processing under the Coastal Area Management Act(CAMA)-Corps permit processing agreement. The PN addresses a proposal to excavate a channel through a shoal located at the mouth of Yeopim River and Albemarle Sound. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and section 7 of the Endangered Species Act(ESA) of 1973, as amended (16 U.S.C. 1531-1543). They are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife resources. By letter dated March 11, 2003,Ms. Kristie Corson, Assistant Permits and Consistency Coordinator for the North Carolina Division of Coastal Management(DCM) sent the Service a copy of the Environmental Assessment(EA), dated February 18, 2003, for the project and requested comments from the Service be sent to the North Carolina Intergovernmental Review Clearinghouse. By letter dated April 23, 2003, the Service provided comments. Our review of the subject PN indicates that the project is unchanged from described in the EA. Therefore,these comments will make reference to the EA. Background, Need, and Purpose Albemarle Plantation development has a 212-slip marina on the shores of Yeopim Creek with water depths near the marina of six to eight feet. Depths in this range remain consistent from the marina area to the opening to Albemarle Sound where depths range from 10 to 20 feet with the exception of a shoal area where depths range from four to five feet. The shoal is approximately 1,900 feet east-southeast from Drummond Point in Chowan County. This area of shoaling is approximately 747 feet long and is considered insufficient for reliable and safe navigation for vessels that use the marina and range in length from 16 to 30 feet. The EA addressed the need for action in Section III which includes a brief description of the desired course of action, i.e., dredging the shoal area to a mean depth of seven feet at the normal water level (NWL). This presentation of a specific course of action is inappropriate in the statement of need and should be introduced in the following section on possible alternatives. A more accurate statement of the purpose of action is to reduce navigation hazards for vessels moving between Albemarle Plantation and Albemarle Sound. Alternatives Considered and the Preferred Alternative Section IV of the EA considered a no action alternative and two action alternatives. The no action alternative was deemed unsuitable since vessels using the present channel would be limited to those with drafts of less than two feet. Continued access to the marina would be jeopardized. The"minimize dredge" alternative addressed only the reduction in width of the area to be dredged. This alternative was also considered unacceptable since it would pose a hazard to vessels passing in opposite directions through the dredged area. Furthermore, the reduced width would require more frequent maintenance. The preferred alternative would dredge an area of approximately 35,856 square feet(ft'), 0.8 of an acre, and remove approximately 2,374 cubic yards of sediment. Dredging would be done with a barge-mounted, clamshell dredge and the dredge material would be contained on the barge. The material would be transported to an upland spoil containment site, the Waff Contracting Mine Site in Chowan County. The dredged channel would have bottom and top widths of 30 feet and 48 feet, respectively. These widths are considered necessary for vessels to pass in the channel. As presented in the EA statement of need,the dredged channel would have a mean depth of seven feet at the NWL. Initial construction would occur during the period from November 1 through February 14 to minimize adverse impacts to fish spawning and nursery areas. A major design alternative not considered in the EA is a realignment of this channel away from the shoal area and into deeper water. There is no discussion of the overall size of the shoal. If the shoal is not large,the navigation channel could be designed to completely avoid areas of shallow water and eliminate the need for dredging. In a memorandum dated December 3, 2002, the North Carolina Division of Marine Fisheries stated that a figure with existing water depths, including the entire channel area from the marina to outside the proposed dredging area, should be included with project plans. The February 2003 EA does not have such a figure. The Service recommends that a more detailed description of water depths in the area be considered and an evaluation of possible channel realignments that avoid the need for dredging. 2 The description of the preferred alternative fails to discuss the frequency and magnitude of routine maintenance dredging that would be required. There is also no discussion of the conditions that would constitute a navigation emergency in the channel and the procedures that would be implemented to rectify emergency shoaling. These aspects of the project are important since they would result in periodic increases in turbidity and sedimentation. Emergency shoaling could also occur outside the environmentally favorable period for initial construction. These aspects of the project should be addressed in detail by the applicant. The project description does not discuss the length of time that the approved disposal area, to be used for initial construction, could be used for subsequent maintenance dredging. Project documentation should include a discussion of the present disposal capacity of the Waff Contracting Mine Site,the average annual amount of maintenance material that would need to be deposited, and the location of potential disposal alternatives when this site is no longer available. Direct Impacts of the Preferred Alternative on Non-listed Species The project would directly impact the animals and habitats in the area to be dredged. Organisms adapted to the present depths within the estuarine bottoms would be removed and all impacted species may not be able to adapt to and recolonize the deeper channel bottom. Lippson and Lippson(1997,p. 116) state that almost all the worms, clams, snails, and other burrowers and wanderers of the Chesapeake Bay intertidal flats also live in abundance in the subtidal shallows. Bottom-dwelling polychaetes, oligochaetes, amphipods, isopods, and the hard clam(Mercenaria mercenaria) ingest both phytoplankton and zooplankton. Benthic dwelling invertebrates and organic bottom materials are fed upon by fishes, crabs, and probably shrimp. Expansive, shallow, sand areas are important for blue crab (Callinectes sapidus) foraging (North Carolina Sea Grant Program [hereafter NCSGP] 1996,p. 16). The Service is concerned that the preferred alternative may eliminate or degrade areas of submerged aquatic vegetation(SAV). In the generally turbid waters of eastern North Carolina, light penetration is normally sufficient to support SAV to a depth of six feet at mean lower low water(Ferguson and Wood 1994 and references therein). The EA states (p. 1)that the sandy shallows of Yeopim River supports moderate coverage of"water milfoil,"presumably Eurasian water milfoil (Myriophyllum spicatum), and sparse populations of widgeon grass (Ruppia maritime), a euryhaline and panlatitudinal species. While the discussion of cumulative impacts in the EA notes (p. 4) that SAV "exists in the area" and is most prolific along the shallow margins of Yeopim Creek and River, there is no direct statement of whether areas of SAV would be dredged. The EA only notes (p. 4)that the"relatively small project area(35,856 sq. ft.) is less likely to support SAV's than the surrounding . . . shallows of Yeopim Creek and River." However, there is no discussion of environmental differences between the shoal with four-to-five foot water depths and the nearshore shallows where SAV is known to occur. The applicant should state whether areas of SAV would be dredged. This determination should be made by on- site surveys. Prior to such surveys,background information should be reviewed on SAV in the general project area. Ms. Elizabeth Noble, of the Department of Geological, Environmental, and 3 Marine Sciences at Elizabeth City State University, is familiar with past work on SAV in the Albemarle Sound area and may be contacted(ph. 252-335-3995 or ebnoblekmail.eesu.edu ) for information. A November 2002, color aerial photograph of the project area supplied by Ms. Noble indicates that SAV beds occur in the vicinity of the proposed dredging. If SAV occurs in or near the dredge site, the plants would be adversely affected. Construction would create turbid conditions. The PN notes that dewatering would take place at the dredge location. High turbidity reduces the penetration of sunlight necessary for photosynthesis. If SAV is generally limited to areas with water depths of less than six feet, dredging to increase depths from four or five feet to seven feet may permanently eliminate approximately a half acre (30-foot bottom width x 747 feet/43,560 square feet per acre) of actual or potential SAV habitat. Furthermore, suspended solids may drift out of the immediate project area and settle on nearby SAV burying the plants entirely or blocking sunlight needed for growth. Dredging may release contaminants held within the sediment into the water column. Harmful substances include toxic metals, organohalogen compounds, and pesticides. During resuspension toxic substances may become adsorbed to small particles of clay or organic matter which can be ingested by aquatic filter feeders. The potential for such adverse impacts should be addressed by the applicant. Secondary and Cumulative Impacts to Non-listed Species The cumulative impacts section of the EA mentions (p. 4) SAV,but does not address long-term impacts to such vegetation. The Service believes that the project could diminish the long-term viability of any nearby SAV by altering natural currents and other physical bottom characteristics. Furthermore, any increase in the speed, size, or number of vessels crossing a channel through an area of SAV may reduce the long-term viability of this vegetation. The important ecological functions provided by areas of SAV are dependent on the physical and biological characteristics of surrounding areas(NCSGP 1996,p. 16). Areas of shallow sand and natural flow characteristics of the areas are required for the proper functioning of seagrass meadows and facilitate the passive colonization of SAV by larval organisms. Project planning should follow guidelines of the North Carolina Sea Grant Program(1996,p. 16)which state that "protection of seagrass beds should extend 10 meters [33 feet] from the edge of the bed. No direct disturbances should occur to the bed or to this surrounding shallow sand area." The Service supports this conservation measure. Direct and Indirect Impacts of the Preferred Alternative on Federally Protected Species The EA states that information from the North Carolina Natural Heritage Program indicates that there are no records of federally threatened or endangered species within one mile of the project area. The Service concurs that no federally threatened or endangered species under the jurisdiction of the Service have been reported in Perquimans County. Barge-mounted, clamshell dredging in waters deeper than three feet and in or near areas of SAV could result in harm to the federally endangered West Indian manatee(Trichechus manatus)if conducted during the period when this species is most likely to occur in North Carolina(June through October). While this 4 r species has not been reported near the project area,manatees do migrate through North Carolina coastal water,primarily during the five month period given above. The proposed restriction of dredging to the period from November 1 through February 14 to protect inshore nursery areas would also reduce the risk of harm to the manatee to the point where more formal protective measures would not be required. However, additional information is required on: (1) SAV at or near the area to be dredged; (2)the time periods for maintenance dredging; and, (3)the definition of, and time restrictions on, emergency dredging. The Service will assess this information when provided to determine potential impacts to the manatee. The federally endangered shortnose sturgeon(Acipenser brevirostrum) is under the jurisdiction of the National Marine Fisheries Service(NMFS). Adult sturgeons spend much of their life in estuaries and the ocean except during the spawning season, February to May, when they migrate to freshwater(Rohde et al. 1994,pp. 61-62). This species and the Atlantic sturgeon(A. oxyrhynchus) are bottom dwellers that prefer deep water with a soft substrate. These species feed on worms, crustaceans, insect larvae, small clams, and small fish(Rohde et al. 1994, p. 62). Measures to minimize harm to the shortnose sturgeon should be coordinated with the NMFS. Summary and Recommendations The Service supports efforts to ensure safe and reliable navigation in coastal waters. We also recognize the valuable role that coastal waters play as habitat for both recreational and commercial fish species and as waterfowl habitat. To conserve and protect this habitat,we believe every effort should be made to avoid and minimize the adverse environmental impacts of navigation projects. In regard to the present proposal,we offer the following recommendations for consideration by both the NCDCM and the Corps: 1. The analysis of alternatives should discuss the overall size of the shoal area, examine water depths in areas surrounding the shoal, and consider realignments of the navigation channel that would avoid or minimize the need for dredging; 2. Environmental documentation should use all available information and the results of actual site surveys to determine the extent of SAV in and near the area proposed for dredging; 3. If SAV occurs in the actual footprint, or within 33 feet, of the proposed channel,the applicant should examine areas surrounding the current channel and the presence of SAV within these surrounding areas with a goal of realigning the channel into areas without SAV; 4. Project plans should incorporate all feasible measures to minimize turbidity associated with dredging,transport of material to the disposal site, and actual disposal; and, 5 r 5. If dredging produces permanent damage to areas of SAV,the applicant should be required to develop and implement a compensatory mitigation plan that would result in no net loss of this valuable habitat If dredging, including all future maintenance and emergency work, is limited by a permit condition to the period between November 1 and February 14,the Service believes that the proposed work is not likely to adversely affect any species protected by the ESA. Therefore, the Corps' requirements under Section 7(a)(2) of the Act would be satisfied. We remind you that obligations under section 7 consultation must be reconsidered if (1)new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2)this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Considering the high fish and wildlife habitat values in the project area,the Service recommends that a DA permit not be issued at this time. Additional information should be provided on the extent of adverse impacts to SAV,possible alignments to avoid all dredging, and seasonal restrictions on maintenance and emergency dredging. The Service appreciates the opportunity to comment on this project. Please advise us of any action taken by the Wilmington Corps District. Any questions regarding these comments should be directed to Howard Hall at(919) 856-4520, extension 27,the address above, or by e-mail at howard hallnfws.gov. Sincerely, Garland B. Pardue,Ph.D. Ecological Services Supervisor Literature cited: Ferguson, R. L. and L. L. Wood. 1994. Rooted vascular beds in the Albemarle-Pamlico Estuarine System. NC Department of Environment, Health, and Natural Resources. Report 94-02. NCDEHNR. Raleigh,NC. 103 pp. Lippson, A. J. and R. L. Lippson. 1997. Life in the Chesapeake Bay. 2nd edition. The John Hopkins University Press. Baltimore. 294pp. North Carolina Sea Grant Program. 1996. Protecting Coastal Resources from Cumulative Impacts: An evaluation of the North Carolina Coastal Area Management Act. Completed by B. A. Doll and A. S. Coburn. Edited by C. Burgess. North Carolina 6 r Department of Environment, Health, and Natural Resources. NC Sea Grant Publication No. UNC-SG-96-12. 45pp +Appendices. Rohde, F. C.,R. G. Arndt, D. G. Linquist,J. F. Parnell, 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press. Chapel Hill. 222pp. cc: Kathy Matthews,USEPA,Atlanta, GA Ron Sechler,NMFS, Beaufort,NC David McHenry,NC Wildlife Resources Commission,Washington,NC Sara Winslow,NC Division of Marine Fisheries, Elizabeth City,NC John Dorney,NC Division of Water Quality,Raleigh,NC t-Kristie Corson,NC Division of Coastal Management, Raleigh,NC Environmental Professionals, Inc.,Kill Devil Hills,NC 27948 7 r ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: David McHenry,Northeast Coastal Region Coordinator i� Habitat Conservation Section DATE: June 7, 2003 SUBJECT: CAMA Dredge/Fill permit application for Albemarle Plantation, Perquimans County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the permit application with regard to impacts of the project on fish and wildlife resources. Commission comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C.661 et seq.). Albemarle Plantation is proposing excavation of a channel in the Yeopim River to facilitate navigation by large vessels that utilize the subdivision's marina. The proposal involves excavation of approximately 2,374 cubic yards of sediment from a shoal at the mouth of the river. The excavated channel would measure 50 by 747 feet and have an average final depth of 7 feet. A Finding of No Significant Impact(FONSI)was issued for the project by the North Carolina Division of Coastal Management on March 11,2003. In a memorandum dated April 11, 2003 to Ms. Chrys Baggett with the State Clearinghouse, a recommendation was made by Mr. Ron Sechler with the National Marine Fisheries Service(NMFS)to modify the issued FONSI to include a pre-construction survey of the proposed excavation area for the presence of submerged aquatic vegetation(SAV). If significant amounts of SAV were found in the area, NMFS suggested that alternative channel alignments should be explored. Although a FONSI has already been issued,the Commission supports the recommendations of NMFS because of the importance of SAV to waterfowl and the possibility that excavation in the proposed area may affect significant amounts of those resources. Therefore, before issuance of a permit for the project as proposed, we recommend that the status of any SAV surveys be determined and supporting justification provided by the applicant if those surveys have not or will not be conducted. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)733-3633 ext. 281 0 Fax: (919)715-7643 CMDF-Albemarle Plantation Page 2 June 7,2003 The Commission appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information,please contact me at(252)946-6481 extension 345. cc: Fuller, J.—NC Wildlife Resources Commission Bland, R.—US Army Corps of Engineers, Washington Field Office Hall, H.—US Fish and Wildlife Service,Raleigh �OFWAT�90 Michael F.Easley,Governor �O G William G.Ross Jr.,Secretary Uj North Carolina Department of Environment and Natural Resources —i Alan W.Klimek,P.E.,Director O `C Division of Water Quality DIVISION OF WATER QUALITY RECEIVED June 5, 2003 JUN 0 6 2003 Mr. Elwood Perry DR OFCOASTALM HPB Enterprises SAL MANAGEMENT One Plantation Drive Hertford, NC 27944 Subject: CAMA/Stormwater Review SW7030506 Dredging Project Mouth Of Yeopim River Perquimans County Dear Mr. Perry: The Washington Regional Office received a copy of your LAMA application for your proposed dredging project located at the mouth of Yeopim River on May 16, 2003. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H. 1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Roger Thorpe at (252) 946-6481, extension 214. Sincerely, A /- ,-.,Jim ulligan Water Quality Regional Supervisor Washington Regional Office cc: ✓Doug Huggett, DCM - Raleigh Washington Regional Office Central Files 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 l 1 RECEIVED JUN 0 5 2003 DfV.OF000TAI.MAW�C RALLIQH MT STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY June 3,2003 Mr. Doug Huggett NCDENR-Division of Coastal Management 1638 Mail Service Center Raleigh,NC 28699-1638 SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBEMARLE PLANTATION PROJECT LOCATION: 1900 FT ESE DRUMMOND POINT,CHOWAN COUNTY/ PERQUIMANS COUNTY, AT THE MOUTH OF YEOPIM RIVER AND ALBEMARLE SOUND. PROPOSED PROJECT: EXCAVATE A CHANNEL THROUGH A SHOAL LOCATED AT THE MOUTH OF YEOPIM RIVER AND ALBEMARLE SOUND. Dear Mr.Huggett: As per your request NCDOT has reviewed the subject permit application. Upon review NCDOT has no comment to make concerning this project. I have attached your sheet requesting our response. If you have any questions or comments please feel free to call. Sincerely, Sterling D.Baker,P.E. District Engineer Division One—District Three SDB/swl Attachment Cc: Mr.D.R.Conner,P.E.,Division Engineer(w/attachment&permit application) Mr.Roberto Canales,P.E.,State Construction&Materials Engr.(w/attachment&permit application) File(w/attachment&permit application) P.O.Box 928,Plymouth,NC 27962 (252)7934568 Fax: (252)793-2211 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO May 28, 2003 Regulatory Division � CE[VED Action ID No. 200310607 4�� 0 P 2003 G:-V.OF COASTAL MANAGEMENT RALE10H Albemarle Plantation Marina Attn: Adam Alphin One Plantation Drive Hertford, North Carolina 27944 Dear Mr. Alphin: On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 20, 2003, for Department of the Army (DA) authorization to excavate a channel through an existing shoal located at the mouth of the Yeopim River in the Albemarle Sound, near Drummond Point, Perquimans and Chowan County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. s • -2- Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 200310607 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616,extension 23. Sincerely, W' " Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mrfth Doug Huggett ision of Coastal Management Carolina Department of Environment tand Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 John Domey Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City,North Carolina 27909 -3- Environmental Professionals, Inc. Post Office Box 3368 Kill Devil Hills,North Carolina 27948 DEPARTMENT OF THE ARMYE'VED WILMINGTON DISTRICT, CORPS OF ENGINEERS JUN 0 4 2003 P.O.Box 1890 Wilmington,North Carolina 28402-1890 �q//�/�nec e' .ue IN REPLY REFER TO DW.OF COASTAL MANAMMEW RALEW Regulatory Division Action ID: ' ' v V" Applicant: Waterway: r County: \ ," Vb Work Type: C( ��; t" Mr. Ron Sechler Mr. Doug Huggett National Marine Fisheries Svc,NOAA Division of Coastal Management Pivers Island NC Department of Environment, Health Beaufort,NC 28516 and Natural Resources Post Office Box 27687 Mr. Garland B. Pardue Raleigh, NC 27611-7687 Fish and Wildlife Enhancement U.S.Fish and Wildlife Service L Post Office Box 33726 Raleigh,North Carolina 27636-3726 Regional Office Division of Coast 1 Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV , a N tur Re� es Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291,the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed Your cco nee, �and/o r recommendations would be appreciated on or before �1V"4F� L T I�,(� 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary MEMORANDUM: DECEIVED MAY 2 2 20UJ TO: Doug Huggett DIV.OF COASTAL MANAGEMENT RALEIGH THROUGH: Ted Sampson FROM: Frank Jennings, III SUBJECT: Albemarle Plantation Major Permit Application Recommendations DATE: May 20, 2003 The applicant proposes to excavate a channel through a shoal located at the mouth of Yeopim River and the Albemarle Sound. The proposal involves excavating 35,865 sq ft of Public Trust Areas and Estuarine Waters and the removal of 2,374 cubic yards of bottom material to an upland disposal site. The development proposal appears consistent with 07H .0208 (b) Specific Use Standards. It is recommended that the development proposal be authorized with the following conditions: 1. Excavation will be conducted below the normal water level. 2. Excavation will not exceed—7 feet below the normal water level. 3. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r!Axwx 20 2003 V NCDENR DIVISION OF North Carolina Department of Environment and Natural Resources WATER RESOURCES Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 19,2003 MEMORANDUM JUL 0 8 2003 TO: Mr. John Sutherland, Chief Water Planning Section IV.OF Division of Water Resources FROM: Doug Haggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBEMARLE PLANTATION PROJECT LOCATION: 1900 FT ESE DRUMMOND POINT, CHOWAN COUNTY / PERQUIMANS COUNTY, AT THE MOUTH OF YEOPIM RIVER AND ALBEMARLE SOUND. PROPOSED PROJECT: EXCAVATE A CHANNEL THROUGH A SHOAL LOCATED AT THE MOUTH OF YEOPIM RIVER AND THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 9, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper �3 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 19, 2003 MEMORANDUM MAY RO M TO: Mr. Roberto Canales State Construction/Materials Branch DISTRICT III Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBEMARLE PLANTATION PROJECT LOCATION: 1900 FT ESE DRUMMOND POINT, CHOWAN COUNTY / PERQUIMANS COUNTY, AT THE MOUTH OF YEOPIM RIVER AND ALBEMARLE SOUND. PROPOSED PROJECT: EXCAVATE A CHANNEL THROUGH A SHOAL LOCATED AT THE MOUTH OF YEOPIM RIVER AND THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 9, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244A. When appropriate, in-depth comments with supporting data is requested. IV 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. This agency objects to the project for reasons described in the attached comments. SIGNED �tl� "� DATE 6 2 —�3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper IL C � UU � lr� Iva ' ��- MAY 3 0 20C3 NCDENR North Carolina Department of Environment and Natural ReR�CT 1 OFFICE Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director Willi oss Jr.,Secretary May 19,2003 RECEIVED MEMORANDUM JUN 0 4 2003 TO: Mr. Roberto Canales State Construction/Materials Branch D1V.0FC0���ANT Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBEMARLE PLANTATION PROJECT LOCATION: 1900 FT ESE DRUMMOND POINT, CHOWAN COUNTY / PERQUIMANS COUNTY, AT THE MOUTH OF YEOPIM RIVER AND ALBEMARLE SOUND. PROPOSED PROJECT: EXCAVATE A CHANNEL THROUGH A SHOAL LOCATED AT THE MOUTH OF YEOPIM RIVER AND THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 9, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REP 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. This agency objects to the project for reasons described in the attached comments. SIGNED 6" ZJ:3 � DATE 6 - • Q 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ,Q A �' D �s��� DECEIVED MAY 2 7 2003 NCDENR North Carolina Department of Environment and Natural Resource!V,110FCOPSTALMANAGEt,ENT Division of Coastal Management FAll?tGH Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 19,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBEMARLE PLANTATION PROJECT LOCATION: 1900 FT ESE DRUMMOND POINT, CHOWAN COUNTY / PERQUIMANS COUNTY, AT THE MOUTH OF YEOPIM RIVER AND ALBEMARLE SOUND. PROPOSED PROJECT: EXCAVATE A CHANNEL THROUGH A SHOAL LOCATED AT THE MOUTH OF YEOPIM RIVER AND THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 9, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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. This agency objects to the project for reasons described in the attached comments. SIGNED >� L1—.DATE CW 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ,� RECEIVED ;A S ���° 3 CS1bJ I�AY 2 3 2003 NCDENR C OFCOASTA.MAN RIAEK North Carolina Department of Environment and Natural Resources RALMOH Division of Coastal Management /� Michael F. Easley, Govemor Donna D. Moffitt, Director ,IN/ \i ss Jr,, Secretary May 15, 2003 MEMORANDUM: P� TO: Mr. Jim Simons, Director Division of Land Resources o�o � FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albemarle Plantation Project Location: 1900 feet ESE Drummond Point, Chowan/Perquimans counties, at the mouth of Yeopim River and Albemarle Sound Proposed Project: To excavate a channel through a shoal located at the mouth of Yeopim River and the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Frank Jennings at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the.recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �Z�J 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hdp://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AL ANA- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 15, 2003 RECEIVED MAY 1 9 2003 MEMORANDUM: DW.0F0 OASTALMANAGEMENT RALMOH TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albemarle Plantation Project Location: 1900 feet ESE Drummond Point, Chowan/Perquimans counties, at the mouth of Yeopim River and Albemarle Sound Proposed Project: To excavate a channel through a shoal located at the mouth of Yeopim River and the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Frank Jennings at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. L,�This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 15, 2003 MEMORANDUM: C (� [ Q R TO: Mr. Preston P. Pate, Jr., Director MAY 2 2 2003 Division of Marine Fisheries FROM: Doug Huggett -HAf 1TAT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albemarle Plantation Project Location: 1900 feet ESE Drummond Point, Chowan/Perquimans counties, at the mouth of Yeopim River and Albemarle Sound Proposed Project: To excavate a channel through a shoal located at the mouth of Yeopim River and the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Frank Jennings at(252)264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE (Gf- 0 3 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 19, 2003 RECEIVED MEMORANDUM JUN 0 9 2003 TO: David McHenry pry()FCOASTALMANAGEMENT Wildlife Resources Commission RALEW ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBEMARLE PLANTATION PROJECT LOCATION:1900 FT ESE DRUMMOND POINT, CHOWAN COUNTY / PERQUIMANS COUNTY, AT THE MOUTH OF YEOPIM RIVER AND ALBEMARLE SOUND. PROPOSED PROJECT: EXCAVATE A CHANNEL THROUGH A SHOAL LOCATED AT THE MOUTH OF YEOPIM RIVER AND THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 9, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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. This a cy obje is to the project for reasons described in the attached comments. SIGNED DATE 7-6� y v. G 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper L. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 15, 2003 IF.CME® MEMORANDUM: JUL Q 3 2003 TO: John A.Thayer, Jr., District Planner WrAMAM AMM Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albemarle Plantation Project Location: 1900 feet ESE Drummond Point, Chowan/Perquimans counties, at the mouth of Yeopim River and Albemarle Sound Proposed Project: To excavate a channel through a shoal located at the mouth of Yeopim River and the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Frank Jennings at(252)264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. �i+�� ,� �✓ G This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached co ents. SI DATE 3 163 136 U.S. 17 South, Elizabeth City, North Carol na 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permit Processing Coordinator THROUGH: Mike Street, Chief Habitat Section FROM: Sara E. Winslow, Northern District Manager��'" SUBJECT: Albemarle Plantation DATE: May 19, 2003 The NC Division of Marine Fisheries submits the following comments pursuant to General Statute 113-131. Yeopim River/Creek and the adjacent waters of Albemarle Sound function as spawning and nursery areas for blueback herring and alewife. White perch, yellow perch, American and hickory shad, striped bass, spot, croaker, flounder, blue crabs and other commercially and recreationally important species also utilize the area as a nursery. The applicant proposes to excavate a 747 ft long channel, with a 48 ft top and 30 ft wide bottom, through a shoal area. The proposed depth is 7 ft. This agency noted in the review of the EA that the plat for the project should show the existing water depths for the entire "channel" area from the marina to the outside of the proposed dredge area. Only the contour lines and the existing shoal depths are shown. The connecting depths are not provided. The channel should not exceed the connecting depth, once that is determined. A SAV survey needs to be conducted along the proposed channel alignment to determine if present. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 1 FAX: 252 726-02541 Internet: www.ncdmf.net . - ,- , •, ...-. .-" - ♦-- —0/ n__..-1-J l 4M0/ ---, n-, Albemarle Plantation Page Two The Division feels that the proposed width of the channel, 48 ft top and 30 ft bottom is rather excessive. However, due to the dynamic nature of the area a smaller channel could require more frequent routine maintenance. Thus, this agency would approve of the width of the channel. The importance of the area as a nursery was noted above. This agency requests a dredging moratorium from February 15 through October 31. This moratorium will ensure the environmental integrity of the area is protected during critical times of usage by the previously mentioned species. The Division approves of this project if the issues raised above are addressed. DCM% DWC% Develcpment Type == (14300 1601 435100093 1625 6253) 74300 1602 435100095 2341) 1. Private,non-commercial development that does not involve S250 100%(S250) _ ,S the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or S400 100%($400) 0%(SC) excavation or any wetlands or open water areas: 111. 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-commensal development,if General water Quality S250 100%(S250) C (SO) Certification No.3301(see attached) can be applied: III(Br For public or commercial development,if General water Quality $400 100%(S400) C%(SO) Certification No.3301(see attached) can be applied: 111(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and S400 60%(S240) 40%(S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No.3301(see attached) S400 SC (S240) 4090 (3160) can not beyapplied: IV. For development that involves the filling and/or excavation of more / 60%(S285) 40%(S190) than one acre of wetlands and/or open water areas: I• K L�" /VV^ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 15, 2003 Perquimans Weekly Legal Advertisement Section P.O_. Box 287 Hertford, North Carolina 27944 Re: Public Notice - Albemarle Plantation Dear Sir: Please publish the attached Notice in the Wednesday, May 21, 2003, issue of the Perquimans Weekly. 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 Jay Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Sincerely, T. J. Sampson District Manager TJS/dc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state,nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental concern as designated under the CAMA was received on May 11, 2003. According to said application, Albemarle Plantation proposes to excavate a channel through a shoal located at the mouth of Yeopim River and the Albemarle Sound. The location of the project is 1900 feet ESE of Drummond Point, Chowan/Perquimans counties. A copy of the entire application may be examined or copied at the office of Frank Jennings, Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, N.C., (252/264- 3901) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to June 10, 2003, 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, May 21, 2003 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 15, 2003 Albemarle Plantation Marina HPB Enterprises Attn: Adam Alphin One Plantation Drive Hertford, North Carolina 27944 Dear Mr. Alphin: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located 1900 feet ESE of Drummond Point, Chowan/Perquimans counties, at the mouth of Yeopim River and Albemarle Sound. It was received on March 11, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 25, 2003. 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. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Frank Jennings Coastal Management Representative FJ/kh Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http:lldcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Nr o 4 AMA PERMIT AP L _ IE13 F I OR PROJECT: 0. 0. 0.� COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 0.� _ C" •��• � �� r1Q�P f'`� t`Cl wt. '(1C a`1 October 23,2002 CERTIFIED MAIL RETURN RECEIPT REQEUSTED ENVIRONMENTAL PROFESSIONALS - -INC- Jeffrey and Barbara Van Dyke PLANNING FOR 3111 Queen's Crown Dr. A BETTER Midlothian,VA 23113 0 V ENVIRONMENT Dear Mr.and Mrs.Van Dyke, CITY This correspondence is to notify you as a the nearest riparian property owner to the north of Albemarle Plantation Marina,that Albemarle Plantation plans to dredge an access channel to serve the marina and the public. This channel will be 478 feet long and will provide safe ingress and egress for boating traffic.The application and sketch are included for your review. If you have no objection to the proposed activity,please mark the appropriate statement blow and return to Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days of receipt of this notice,it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr.Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S Hwy 17 South,Elizabeth City,NC 27909. If you have questions about the project,please do not hesitate to call me at 252-441-2039 or the NC Division of Coastal Management. Sincerely, Kendall Turnage I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P. O . BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 --3368 252--441 - 02^39 FAX : 252 -441 - n771 • FMAII • a , ; 10n ; . - L NOV 13 2002 COAST?' 1./I!-%.I A G FrA NT ELi:M31—'-i H CITY ENVIRONMENTAL PROFESSIONALS PLANNING FOR October 23,2002 CERTIFIED MAIL A BETTER RETURN RECEIPT REQEUSTED ENVIRONMENT Kermit and Patricia Quick 8910 Bordeaux St. Alexandria,VA 22309 Dear Mr.and Mrs.Quick, This correspondence is to notify you as the nearest riparian property owner to the southeast of Albemarle Plantation Marina,that Albemarle Plantation plans to dredge an access channel to serve the marina and the public. This channel will be 478 feet long and will provide safe ingress and egress for boating traffic.The application and sketch are included for your review. If you have no objection to the proposed activity,please mark the appropriate statement blow and return to Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days of receipt of this notice,it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr.Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S Hwy 17 South,Elizabeth City,NC 27909. If you have questions about the project,please do not hesitate to call me at 252-441-2039 or the NC Division of Coastal Management. Sincerely, Kendall Turnage I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P. O . BOX 3368 • KILL DEVIL HILLS ,�NORTH~ CAROLINA 27948 - 336�8 • 252 -441 - 0239 FAX : 252 -441 - 0771 9 FMAII • anilnn ; — .. .* r NOV 13 2002 ENVIRONMENTAL cONSTA!_M'!!IAGEMENT PROFESSIONALS EL 51 H CITY PLANNING FOR FOR November 7,2002 CERTIFIED MAIL A BETTER RETURN RECEIPT REQEUSTED ENVIRONMENT Waff Contracting Paul A.Waff Jr. P.O. Box 237 Edenton,NC 27932 Dear Mr.Waff, This correspondence is to notify you as the nearest riparian property owner to the south of the Waff Contracting Shop,that Waff Contracting plans offload 2,374 cubic yards of spoil material at their pier and basin facility. The spoil material is originating from a dredged channel in the Yeopim River that is 478 feet long and will provide safe ingress and egress,for boating traffic.All material will be transported to the Waff Contracting mine site after unloading. The application and sketch are included for your review. The spoil material from the dredge activities will be off loaded at the Waff Contracting Shop located south in Chowan County, 1/8 mile south of the U.S. 17 Bridge. If you have no objection to the proposed activity,please mark the appropriate statement blow and return to Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days of receipt of this notice,it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr.Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S Hwy 17 South, Elizabeth City,NC 27909. If you have questions about the project,please do not hesitate to call me at 252-441-2039 or the NC Division of Coastal Management. Sincerely, Kendall Turnage I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 252 -441 - 0239 FAX : 252 - 441 - 0721 • EMAIL : epil ® pinn . net Cory PROFESSIONALSLI 2 ci7Y-NP INL. CERTIFIED MAIL PLANNING FOR November 7,2002 A BETTER RETURN RECEIPT REQEUSTED ENVIRONMENT Wharf Landing,L.L.0 Paul A.Waff Jr. P.O.Box 237 Edenton,NC 27932 Dear Mr.Waff, This correspondence is to notify you as the nearest riparian property owner to the north of the Waff Contracting Shop,that Waff Contracting plans offload 2,374 cubic yards of spoil material at their pier and basin facility. The spoil material is originating from a dredged channel in the Yeopim River that is 478 feet long and will provide safe ingress and egress,for boating traffic.All material will be transported to the Waff Contracting mine site after unloading.The application and sketch are included for your review. The spoil material from the dredge activities will be off loaded at the Waff Contracting Shop located south in Chowan County, 1/8 mile south of the U.S. 17 Bridge. If you have no objection to the proposed activity,please mark the appropriate statement blow and return to Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days of receipt of this notice,it will be considered that you have no comments to this project. If you have objections or comments,please mark the appropriate statement below and send comments to within thirty(30)days to Mr.Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S Hwy 17 South,Elizabeth City,NC 27909. If you have questions about the project,please do not hesitate to call me at 252-441-2039 or the NC Division of Coastal Management. Sincerely, Ktndall Turnage I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 252 -441 -0239 FAX : 252 -441 - 0721 • EMAIL : epi1Qpinn . net Q�yy.. P CJ O P Z-d o I ,2,g ER TAY FIt; D in Porquiment County, N Drafted byy on Dec 1'S ZD'J1 tt D1:DS:26 Pt' O. Tracyy Parks, III, Attorne at maw b Deborah S. Reed �-+ I••u•d Doc 11 2001 F ost Office Box 40 y P 6c 11 00 Pinehurst, NC 28374 Rooster of Deeds BOOK 223 PAGE 771 sf.t. o, Perquimane Nort h Carolina Count y Real Estate Excive Tax NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, is made this 29th day of November, 2001, by and between SOUND GOLF ENTERPRISES, INC., a North Carolina corporation (hereafter "Grantor"), and HPB ENTERPRISES, a North Carolina general partnership (hereafter "Grantee"), having a mailing address of One Plantation Drive,' Hertford, NC 27944. WITNESSETH: The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all those certain lots or parcels of land situated in Bethel Township, Perquimans County, North Carolina, more particularly described as follows: Those certain parcels more fuIV described on Exhibit A attached hereto and by reference made a part of this instrument. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 9 And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions noted herein. Title to the property above described is subject to the following exceptions: . Utility and access easements of record. 2. Restrictive covenants of record, if any, affecting the subject property. 3• Matters of survey. 4. Any outstanding ad valorem taxes assessed against the subject property are the responsibility of the Grantee under the terms of prior lease between the parties hereto. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. LP 40V BOOK 223 PAGE 772 ;WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its ,or{� r�t6'-name by its duly authorized officers and its seal to be hereunto affixed by authority of its card of G�ectors, the day and year first above written. en: p.% SOUND RP ISES, INC. J (cwrpo,rat seal) By: r. ATTEST: n F. es, President J ce . Maples, Se etary STATE OF NORTH CAROLINA COUNTY OF MOORE I, a Notary Public of the County and State aforesaid, certify that JOYCE C. MAPLES, personally came before me this day and acknoNledged that she is Secretary of SOUND GOLF ENTERPRISES, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing Instrument was signed In Its name by its President, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and official stamp or seal, this _t day of December, 2001 lilowice--l' 1q4-Jt"Y Notary Public My Commission Expires: �?i�P .rd� NORTH CAROLINA, PERQUIMANS COUNTY. .....; q,9���i The for certificate of Q �• '•• Florence D. Parks, a Notary of t0 r�0 i R y.'• N Moore Co., NC is certif ied to be U ._ correct. This instrtmient and this jg,t,•Au g\,\G r 2` certificate are duly recistered at O ••.••.•. •,.••' A'� the date and time and in the Book 000\J ��`��` and age shown on the first page -- rah S d, R gis of Deeds 2 41 NOV 13 Z�JnZ 4 CITY- BOOK 223 PAGE 773 DESCRIPTION OF REAL PROPERTY The property identified as Block 1 containing 22.5o acres, Block 2 containing 92.0 acres (including the portion identified as "Clubhouse Area") , Block 3 containing 24.10 acres, Block 4 containing 40.06 acres, and Block 5 containing 22.4 acres, as delineated on that certain plat entitled in part, "Albemarle Plantation Golf Course (Blocks 1-5) , " prepared by S. Elmo Williams, Registered Surveyor, under date of November 7 , 1988, which plat is recorded in Plat Cabinet 2, Slide 14, Map- No. 4, in the Perquimans County Registry; together with additional parcels conveyed to sound Golf Enterprises, Inc. by HPB Enterprises in deeds recorded in Book 141, at page 205, Book 169, at page 78 And Book 151, at page 729 in the Perquimans County Registry. Excepted from the property described above, however, Are parcels that were conveyed by Sound Golf Enterprises, Inc. to HPB Enterprises in the following deeds: Deed Book 141, at page 209, Deed Book 151, at page 734, and Deed Book 169, at page 74 in the Perquimans County Registry. The property described herein includas and is subject to all easements of record in Perquimans County applicable thereto. CR5984 T Y 1 E X H I B I T A SU .D-r7lq C1T'YL T