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HomeMy WebLinkAbout79-03 Carolina Coast & Lakes Permit Class Permit Number NEW 79-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission i3ermit 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 Carolina Coast & Lakes , PO Box 370, Herford,NC 27944 Authorizing development in Perquimans County at Deep Creek and Little River, SR 1332, Woodville , as requested in the permittee's application dated 4/10/03. including attached workplan drawings (3), workplat dated revised 3/18/03, two (2) workplats dated revised 1/29/03 This permit, issued on J»ne. 23, 200-3 , 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. Shoreline Stabilization 1) The alignment of the authorized placement of riprap must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. 3) This permit authorizes the repair and enhancement of the existing riprap within its existing footprint. (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. Any maintenance work or project modification not covered hereunder requires further Division approval. iVi Donna offitt, Director sion of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Carolina Coast and Lakes Permit#79-03 Page 2 of 4 ADDITIONAL CONDITIONS 4) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 5) The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. Beach Area 6) The fill material will be clean and free of any pollutants except in trace quantities. 7) No fill material shall be placed waterward of the normal water line. Community Docking Facility 8) This permit authorizes only the docks, piers, and other stnuctures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 10) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 11) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 12) 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. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 14) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. LThis ard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent s should be attached to the structure in order to make it more visible during hours of darkness or t weather. it authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or t the facility. The restriction of the number of vessels shall apply to all marine vessel types, but not limited to motorboats, sailing vessels and personal watercraft. ny proposal to add one or more additional boat slips to the authorized 10 slip facility will quire that the docking facility be classified as a marina, and will therefore require a review nder the N.C. Environmental Policy Act (NCEPA). Carolina Coast and Lakes Permit#79-03 Page 3 of 4 ADDITIONAL CONDITIONS NOTE: Boats utilizing the docking facility may be subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. Boardwalks i 16) Any portion of the permitted boardwalks built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. Excavation 17) This permit authorizes excavation below the normal water level within the dimensions depicted on workplan drawing dated revised 1/29/03. 18) Excavation will not exceed —3 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 19) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Spoil Disposal 20) 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. Concrete Boat Ramp 21) The concrete boat ramp must be poured on high ground and pushed or placed into the water once hardened. No live concrete may come into contact with the water. 23) The disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of eroded materials from entering surrounding wetlands or waters. Sedimentation and Erosion Control 24) The N.C. Division of Land Quality (DLQ) approved this project under revised Erosion & Sedimentation Control Plan No. Perqu-2003-002. Any violation of the plan approved by the DLQ will be considered a violation of this CAMA permit. 25) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. t Carolina Coast and Lakes Permit#79-03 Page 4 of 4 ADDITIONAL CONDITIONS 26) 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.). Stormwater Management 28) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7021020 on 12/6/02. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 29) 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. 30) No vegetated wetlands will be excavated or filled. 31) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 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 N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 021751), which was issued on 5/28/03. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310538. 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 June 24, 2003 Carolina Coast and Lakes P.O.Box 370 Herford,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, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor,it 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. Sincerely, OPO- . Douglas V.Huggett 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: Carolina Coast and Lakes (Bay Landing) 2. LOCATION OF PROJECT SITE: Off Ferry Road (SR 1332) in New Hope, Perquimans County and on Deep Creek and Little River Photo Index - 2000: 162-1738 (F-4; G-5,7; H-6; I-6;J-6,7; K-7; L-7,9; M-5,7; N-5; 0-1,4) 1995: 162-1667 (F-18; G-19: H-19; I-19; J-20; K-20;L-20,22;M-19,20; N-18; 0-16,17; P-14,16; Q-13; R-12,13) 1989: 120-2 (C-N2; M-3,10; N-3,10; 0-8) 1984: 118-830 (A-10; B-10,11; C-9,10; D- 7; E-4,6; F-3; G-2,3) State Plane Coordinates - X: 2803500 Y: 895500 Nixonton Quad LR 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/10/02 02/21/03 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 04/10/03 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES, PTS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing Riprap Planned - Pier, dock, slips, boatramp, beach area, riprap, walkways (G) Estimated Annual Rate of Erosion: 1 ft. Source - Observation 7. HABITAT DESCRIPTION: [AREA] Shaded Filled Other (A)Open Waters 1,130 sq.ft. pier 480 sq.ft. ramp PTA 150 sq.ft. riprap PTA & EW 2,600 sq.ft. riprap r(B lands Non-AEC 17 471 sq.ft. ravel arkin C) UES 150 sq.ft. boardwalk 26,000 sq.ft. graded 404 Wetlands Non-AEC1�'),375 s .ft. boardwalk (D) Total Area Disturbed: 59,856 sq. ft. (1.374 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to build a community boating facility with a pier, dock, boat slips, beach area, riprap and walkways on Deep Creek and walkways and riprap on the Little River. J t Carolina Coast and Lakes (Bay Landing) Field Investigation Report Page Two Project Setting The site of the proposed development activity is a 161 acre tract of farmland and woodland that is located on the Little River and the north shore of Deep Creek and on the south side of Ferry Road (SR 1332) in the New Hope section of Perquimans County. The property is currently being developed into a 48 lot subdivision with a common area to provide water access to Deep Creek for interior lots. The property is mostly high ground with an elevation of approximately 8 ft. above normal water level (NWL), has sandy soils and has been used, until last year, for agricultural production and forestry production. The woodland is vegetated with pine, oaks, maple and hickory. The property has approximately one mile of shoreline almost evenly divided between the Little River and Deep Creek. The property elevation along the shoreline varies from 1 ft. to 4 ft. Along the north east shoreline of the property adjacent to the Little River exists an extensive gum-cypress swamp wetland fringe. Two other areas of gum cypress swamp wetland fringe exist along Deep Creek. Manmade features on the property include electrical and water service, road construction as well as 1,300 ft. of riprap along the Little River shoreline and five elevated walkways constructed over Section 404 wetlands to the water line of the Little River. Adjacent property consists of undeveloped tracts of similar natural characteristics. The waters of the Little River and Deep Creek in this area are classified as SC by the Division of Environmental Management and are closed to shellfish taking. Development Proposal In order to provide boating access for the subdivision, the applicant proposes to construct, at a designated common area located between lot 35 and lot 36, a community pier with 10 boat slips, a community boatramp and a beach area. The proposed pier will be 6 ft. wide and 120 ft. long with a 10 ft. by 26 ft. "T" head. There will be 10 boat slips constructed on the west side of the pier. The slips will have five finger piers 2 1/z ft. wide and 12 ft. long with five free standing mooring pilings. The water depths of Deep Creek in this area range from -3 ft. to -6 ft. and the bottom is sandy. The boatramp will be constructed of concrete slab and will be 15 ft. wide and 32 ft. long and embedded below NWL. Above NWL, the ramp will have a gravel drive that connects to an upland gravel parking area. The applicant proposes to place 30 ft. of riprap along the shoulders of the ramp to stabilize the area and 30 ft. of riprap along the waterline of the west side of the pier to stabilize the shoreline. Carolina Coast and Lakes (Bay Landing) Field Investigation Report Page Three Adjacent to the boatramp, the applicant proposes to construct a beach area by placing sand along approximately75 ft. of the shoreline, approximately 20 ft. wide. In order to provide water access for lots with extensive wetland fringes, the applicant proposes to construct six 5 ft. wide elevated boardwalks on lots 9, 10, 27, 36, 37 and 38. The total length of the proposed boardwalks will be 1,915 ft. The boardwalks will end at the NWL. The applicant proposes to repair and redress the 1,300 ft. of existing riprap with additional stone. Approximately 1 ft. - 2 ft. of additional river bottom will be filled with the stone and approximately 26,000 sq. ft. of shoreline will be distributed by the activity. Anticipated Impacts The pier will shade 1,130 sq. ft. of Public Trust Area (PTA) Area of Environmental Concern (AEC) in Deep Creek and 150 sq. ft. of Public Trust Shoreline (PTS) AEC. The boatramp will result in 480 sq. ft. of PTA AEC being filled with concrete and approximately 600 sq. ft. of PTS AEC filled being with gravel. The riprap placement will result in 150 sq. ft. of PTA AEC being filled and 300 sq. ft. of PTS AEC being filled. The sandy beach creation will result in approximately 1,400 sq. ft. of PTS AEC being filled with sand. The upland development of the gravel parking lot in the common area will result in 17,471 sq. ft. of area covered by gravel. The construction of the elevated boardwalk will result in 750 sq. ft. of Section 404 wetland in the Estuarine Shoreline (ES) AEC of the Little River and 450 sq. ft. of Section 404 wetlands in the PTS AEC of Deep Creek being shaded. The total coverage of Section 404 wetlands by the proposed boardwalk is 9,575 sq. ft. The repair work to the existing riprap will result in 2,600 sq. ft. of PTA, EW AECs being filled and 26,000 sq. ft. of ES AEC being disturbed. It is anticipated that this area will be filled and graded after the work is complete. Temporary water turbidity will occur during construction. Submitted by: Frank A. Jennings, III Date: April 14, 2003 Form DCM-MP-1 e. Name of body of water nearest project (e.g. river, creek, sound,bay) Deep Creek and the Little River 1. APPLICANT a. Landowner: 3. DESCRIPTION AND PLANNED USE Name Carolina Coast& Lakes (Attn. Bill Pearson) OF PROPOSED PROJECT Address P.O. Box 370 a. List all development activities you propose (e.g. City Hertford State NC building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Zip 27944 Day Phone 252-717-7154 Community Boat Ramp Pier with 10 slips and platform with seating 1,289 linear feet of rip rap Fax 252-330-5517 maintenance along the Little River portion, boardwalks on lots with wetlands landward of NWL b. Authorized Agent: (9 10 27 36 37 38) Name Environmental Professionals, Inc. Address PO Box 3368 b. Is the proposed activity maintenance of an existing project, new work, or both? Both City Kill Devil Hills State NC c. Will the project be for public, private or commercial use? Community Zip 27948 Day Phone 441-0239 d. Give a brief description of purpose, use, methods of Fax 441-0721 construction and daily operations of proposed project. If more space is needed, please attach additional pages. Project will include construction of the c. Project name (if any) "Bay Landing" community amenities in the common area. These amenities include a boat ramp (and associated rip- rap) parking area community pier with 10 boat slips, and a platform with seating as part of the structure. NOTE: Permit will be issued in name of landowner(s), and/or The disturbance of 1900 sg ft within the AEC will project name. occur to develop the proposed amenities and convert the parcel from agricultural purposes to a community common area All possible sedimentation and 2. LOCATION OF PROPOSED erosion control measures will be undertaken during PROJECT construction to minimize impacts to surface waters. A sedimentation and erosion control permit has been issued for the subdivision construction and common a. County Perquimans area. The subdivision and common area have low density project approval by the NC DWO. b. City,town,community or landmark 5 ft wide wood Boardwalks will be constructed on Woodville lots with extensive wetlands landward of the NWL. (9 10 27 36 37 38) c. Street address or secondary road number The applicant will also redress 1289 feet of existing SR 1332 rip rap on the Little River and disturb 26.000 s . feet within the AEC as pffMMr e d. Is proposed work within city limits or planning jurisdiction? T Yes X No MAR 2 4 nm /. AAGEMENT F17 H CtTY Revised 03/95 ;, Form DCM-MP-1 n. Describe location and type of discharges to waters of 4. LAND AND WATER the state. (For example, surface runoff, sanitary CHARACTERISTICS wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff from boat ramp a. Size of entire tract 160.9 acres o. Describe existing drinking water supply source. b. Size of individual lot(s) varies from 1.11-10.21 acres Perquimans County Water System c. Approximate elevation of tract above MHW or NWL 2-10 average 5. ADDITIONAL INFORMATION d. Soil type(s)and texture(s)of tract Altavista fine sands (uplands). Varied wetland soils In addition to the completed application form, the e. Vegetation on tract Quercus alba, Taxodium following items must be submitted: distichum Bacharis hamili folia, Pinus taeda, Acer rubrum agricultural fields • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not f. Man-made features now on tract Rip rap, electric service, claiming to be the owner of said property,then forward stone grill, dirt roads a copy of the deed or other instrument under which the owner claims title, plus written permission from the g. What is the CAMA Land Use Plan land classification owner to carry out the project. of the site? (Consult the local land use plan.) • An accurate, dated work plat (including plan view Conservation Transitional and cross-sectional drawings) drawn to scale in black Developed Community ink on an 8 1/2" by I V white paper. (Refer to Coastal X Rural Other Resources Commission Rule 7J.0203 for a detailed description.) h. How is the tract zoned by local government? Residential Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line i. Is the proposed project consistent with the applicable prints or other larger plats are acceptable only if an zoning? X Yes No adequate number of quality copies are provided by (Attach zoning compliance certificate,lfapplicable) applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site J. Has a professional archaeological assessment been or location map is a part of plat requirements and it done for the tract? Yes X No must be sufficiently detailed to guide agency personnel If yes,by whom? unfamiliar with the area to the site. Include highway or secondary road(SR)numbers, landmarks,and the like. k. Is the project located in a National Registered Historic District or does it involve a National Register •A Stormwater Certification, if one is necessary. listed or eligible property? *A list of the names and complete addresses of the Yes X No adjacent waterfront (riparian) landowners and 1. Are there wetlands on the site? X Yes _No signed return receipts as proof that such owners have received a copy of the application and plats by Coastal(marsh) Other 404 wetlands certified mail. Such landowners must be advised that If yes,has a delineation been conducted? Yes they have 30 days in which to submit comments on the (Attach documentation,ifavailable)ATTACHED proposed project to the vi of Coastal m. Describe existing wastewater treatment facilities. t ;:01%Age septic systems planned Management. Upon �sF iinga. e applicant further certifies that such notice has been provided. LIAR 2 4 ?In'� (,C)ASI Ai' P I,NAGEMENT Revised 03/95 ri 17t:�RF7H CITY Form DCM-MP-1 I certify that I am authorized to grant,and do in fact, grant Name Susan Hassell permission to representatives of state and federal review Address 916 Chatanooga St., Chesapeake, VA 23322 agencies to enter on the aforementioned lands in Phone connection with evaluating information related to this permit application and follow-up monitoring of the Name Varenia H. Ryan project. Address 900 Red Coat Ct.,Virginia Beach,VA 2 345 5 Phone I further certify that the information provided in this Name Carol Hassell application is truthful to the best of my knowledge. Address 104 Morris Circle,Edenton,NC 27932 �� �Fr'f Phone This is the /D day of 3atLp�, 2003. • A list of previous state or federal permits issued for Print Name Ke-1,1-10 -7-�crriu Ie work on the project tract. Include permit numbers, �y permittee, and issuing dates. Signature Landowner orAuthorized Agent Permits may be on file with NCDCM for the installation of the existing rip rap under the name Richard Gray_ Please indicate attachments pertaining to your proposed CA MA Violation 3 project. Sedimentation and Erosion DLQ# Perqu 2003-002 Stormwater DWQ#SW7021020 X DCM MP-2 Excavation and Fill Information • A check for $250 made payable to the Department of X DCM MP-3 Upland Development X DCM MP-4 Structures Information Environment, Health, and Natural Resources DCM MP-5 Bridges and Culverts (DEHNR) to cover the costs of processing the DCM MP-6 Marina Development application. NOTE: Please sign and date each attachment in the • A signed AEC hazard notice- for projects in space provided at the bottom of each form. Aoceanfront and inlet areas. Is A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in 'MAR 14 the application. The project will be subject to conditions '=�A S 4AGEMENT and restrictions contained in the permit. r " r y CIT`! I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major parking. Permit, Form DCM-MP-1. Be sure to complete all other sections of h. Projects that require a CAMA Major Development Permit the Joint Application that relate to this proposed project. may also require a Stormwater Certification. Has a site development plan been submitted to the Division of a. Type and number of buildings,facilities,units or Environmental Management for review? structures X Yes No proposed If yes, date submitted Approved 12/6/02 5 ft wide Boardwalks on Lots 9,10,27,36,37,38 Parking Lot for Common Area i. Describe proposed method of sewage disposal. On site sewage systems b. Number of lots or parcels 48 j. Have the facilities described in Item i. above received c. Density(give the number of residential units and the units state or local Yes, Local provisional approval Per 0.29 units per acre approval? acre) (Attach appropriate documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded,filled or disturbed including waters of the state(for example, surface runoff,sanitary Roads, ditches,etc. 1900 sq ft in common area and wastewater, industrial/commercial effluent, "wash down" 26,000 along the Little River and residential discharges). Surface runoff from boat ramp e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an 1. Describe proposed drinking water supply source erosion and sedimentation control plan at least 30 days (e.g. well,community, public system, etc.) before land disturbing activity begins. If applicable, has a Perquimans County Water System sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No in. Will water be X Yes No If Yes, date submitted Approved 11/6/02 impounded? _ If yes, how many acres? Approx. 1.0 acres in proposed f. List the materials(such as marl,paver stone, asphalt, or areas. or concrete)to be used for paved surfaces. Fountain configuration undetermined Gravel surface proposed in Common Area n. If the project is an oceanfront development,when was the Asphalt for main roads lot(s) platted and recorded? N/A "Bay Landing" EPI 402-178 g. Give the percentage of the tract within 75 feet of MHW or ApplIant or `oje/Name NWL, or within 575 feet in the case of an Outstanding Resource Water,to be covered by impervioas and/or built- Si'nature upon surfaces, such as pavement,buildings, rooftops, or to /C1T� �D be used for vehicular driveways or 16% D e iAR 2, 4 , c;�1Ac'(;:,•.:. is<.;�AGEMEW, Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys N/A Form DCM-MP-1. Be sure to complete all other sections of (1) Commercial Private_ Community, the _ Joint Application which relate to this proposed project. (2) Number (3) Description of buoy(Color, inscription, size, anchor, etc. Dock(s) and/or Pier(s) (1) Private Community X_ (2) Number 1 (3) Length 130' (4) Width of water body (4) Width 6' (5) Distance buoy(s)to be placed beyond shoreline (5) Finger pier X Yes No (i) Number 5 (ii) Length 12' f. Mooring structure(boatlift, mooring pilings,etc.) N/A (iii) Width 2.5' average (1) Commercial X Community Priv (6) Platform(s) X Yes _ No (2) Number 5 (i) Number 1 (3) Length N/A (ii) Length 26' (4) Width 10" (iii) Width 10, (7) Number of slips proposed 10 g. Other(Give complete description) (8) Proximity of structure to adjacent riparian property Boardwalks on Lots 9,10,27,36,37,38 5 feet wide,varying lengths lines 12' Totaling 1,915 linear feet (9) Width of water body 550 feet (10) Water depth at waterward end of pier at MLW or NWL 6 feet b. Boathouse(including covered lifts) N/A (1) Commercial Private (2) Length (3) Width "Bay Landing" EPI#02-178 Applicant of Project Name C. Groin(e.g. wood, sheetpile, etc.) N/A 7 (1) Number N/A (2) Length Signature d. Breakwater(e.g. wood, sheetpile, etc.) N/A (1) Length N/A Dat (2) Average distance from MHW, NWL, or Wetlands N/A (3) Maximum distance beyond MHW, NWL or Wetlands N/A MAR 2 4 '-'O &-' s4AGEMENT -N CITY Revised 03/95 v o o� o 0 0 8 0 0 ^ .00 •n a m Fi � v N rn w U CD M o CM, MN 11 99L9 0 0 e 3 WA 4-4771ASX33M $ (377NASY33M) fie _ _ I it Ic EIB It MANA oo 10 40 o O 1 / I ° u/ • ,nr �•• \ ..�' � =�—_._——--_---� I `�� ICI i��.'�� v lit �. � w 3', �II I ��Ii� I �y I �l - , \ — � j • I I • >= a ��` I I� �I,il I�� �� ,. I � f�t .� �I �I�jl�I ; � � ,. � a•�a 14i)14-14 I 01 c 7 In \ m CD f� `r.'GENE® CAMA MAJOR NARRATIVE By:Kendall Tumage MAR 2.4 2003 BAY LANDING COASTAL.mANAGEMENT PERQUIMANS COUNTY FL.IZABETH CITY Bay Landing is a 48 lot subdivision under construction by the developer Carolina Coast&Lakes. The subdivision has single family lots ranging from 1.11 acres to 10.21acres(average lot is 3.0 acres). The roadway serving the subdivision will total 6,007 linear feet.The subdivision created 29 waterfront lots, 19 interior lots,a waterfront Common Area,a Reserved Area,and three fountain areas . A Sedimentation and Erosion Control Permit for Bay Landing has been approved and the Stormwater Certification has been approved. A Nationwide#18 Wetland Fill permit has been issued for three small wetland crossings serving lot 23,24 and 25 (copies of approvals from USACE and DWQ attached to application). The wetland delineation was flagged by Kendall Turnage of Environmental Professionals,Inc and has been field reviewed by William Wescott of USACE Washington Regulatory Field Office and a copy of the signed 404 Jurisdictional Wetland Determination is attached for your records. The subdivision will be served by a Common Area that includes a community boat ramp,community pier with 10 boat slips and a 260 sq ft(26ft X 10 ft) elevated, slatted wooden platform with seating. The pier will also contain 5 finger piers to provide safe access to moored vessels and 5 associated mooring pilings for 4-way mooring for the slips. Approximately 85 feet of rip rap shoreline stabilization will be installed along the shoreline of the common area to armor the shoreline against boat wakes,prop wash etc. A small sandy beach area will be constructed as a family recreational area. This area will not include any impervious surfaces and will act as a sand filter for surface runoff. This area to be maintained by the Homeowners Association. This area lies mostly in an existing agricultural field and will minimal clearing and disturbance to construct the beach area. Adjacent shoreline sediments consist of fine sands and will blend with the proposed beach area and will not create substrate indifferences or an abnormally erosive shoreline(comparable to the adjacent shoreline). The 1,289 feet of existing rip-rap along the Little River will be redressed and areas that need maintenance will receive proper attention to prevent any failures of the shoreline stabilization. A 26,000 sq.ft. (20'X 1300')area will be disturbed to redress the rip-rap, see plans. Elevated, slatted,wooden, 5 ft wide walks will be constructed on the following lots: 9 165.0 10 90.5 27 43.5 36 273.5 37 177.0 38 180.5 TOTAL 930 linear feet (9,575 total sq.ft.) These walks will be constructed a minimum of three feet above the 404 jurisdictional wetlands and will end at the shoreline(NWL). (See detail sheet) * A CAMA Violation 03-11A was issued on 2/24/03 for the construction of boardwalks on lots 11,12,13,14 and 16. This violation resulted from a misunderstanding between the developer and contractor. The contractor usually ends the boardwalk construction landward of the AEC. But in this case,the boardwalks were constructed to the normal waterline by mistake. The contractor has ceased construction activity within the AEC and will await authorization prior to undertaking further activities within the AEC. 10/171'2042 2,1:47 12527520844 MATTO,C, DAVIS, BAPNH PAGE 01, Oct 18 02 D9: 31a Carolina Coast &Lakes E52-330-551. 7 P. 3 ENvjPGNMF`I1Al- FPOFE:' pwr. (42 lil/i7i?.8@1 14:58 252d410721 I' i i to whom 11 May COMM, .ls lne.m a ly fot s CAMA Ma)tlr PfrWic o�bcha of 1 hetrby ausharizc'EnYitvnmcntal Ptcfes9:un PP .. �'� Carot9W Cvabt 4L Lsh4�,"'Bay Lind,rie"pt*ct iaa�CSgUu21AliS County,NC. � f,- FEB $1lt Rem'Lon, Catolina Coast&Likes (�X)ASTAL MANAGEMENT i 'FL.17ABETH CITY itz' Tit lt i Ds:c I i i i I f i i f DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Carolina Coast & Lakes (Bay Landing) County: Perquimans LOCATION OF PROJECT: Off Ferry Road (SR 1332) in the New Hope community adjacent to Deep Creek and Little River DATE APPLICATION RECEIVED COMPLETE BY FIELD: 04/10/03 RECEII/E FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES APR ? CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES ON.OFC M ALMANMUMEW FIELD REPRESENTATIVE: Jennings DISTRICT OFFICE: Elizabeth City FKEIGH DISTRICT MANAGER REVIEW: Dyh7 A? /—aol B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 5 14 °3 ADJ. RIP. PROP NOTICES REC'D: V/ DEED REC'D: APPLICATION ASSIGNED TO: CyU-V-- ON: i t -7-1- C) 75 DAY DEADLINE: �/�y��. - 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: ° a91c�3 FED COMMENTS REC'D: CP q d3 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative 4 1 to L°3 Coastal Management- LUP Consistency Division of Community Assistance OM Land Quality Section Division of Water Quality I°���o3 ✓ 4-1 o a2 p3 Storm Water Management(DWQ) `��ru r�,� / SW70AIo�o ah 1 is State Property Office .5L zlf'3 ✓ Division of Archives &History Division of Environmental Health r o Division of Highways Wildlife Resources Commission s �`� -3 V Division. of Water Resources / n � Division of Marine Fisheries 5 a$ o3 V bo— Submerged Lands (DMF) Permit# 1 q`63 DCM Coordinator: I fkS Ie MAILING DISTRIBUTION: Permitee: C.a-(bl im '( oast 4- LQ Ves Agent: rcrVi ror\mQ l*-k �( SSiaR4QS T,I\c. DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: John Dorney John Hennessy (NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennett Wynne David Cox(NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City " F�-°`-r,k Tenn ilvj S Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker Updated as 2/28/03 i 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 June 27, 2003 Regulatory Division JUL 1 1' 2003 DKOF00A 4MANOW Action ID No. 200310538 and State Permit No.79-03 RAMH Carolina Coast and Lakes Attn: Bill Pearson Post Office Box 370 Hertford, North Carolina 27944 Dear Mr. Pearson: Reference your application for a Department of the Army(DA)permit to develop a community boating facility, including construction of a pier,boatramp, boat slips,beach area, and the placement of riprap, on property located off State Road 1332, adjacent to Deep Creek and the Little River, in New Hope, Perquimans County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore,you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, QhLt Raleigh Bland, P.W.S. Regulatory Project Manager -2- Copies Furnished: Mr. John Domey Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta,Georgia 30303 . Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources . 1638 Mail Service Center Raleigh,North Carolina 27699-1638 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 Pivers Island Beaufort, North Carolina 28516 -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 Of the RECEIVED r, 8 11 n 8 r JUN 2 4 2003 0 f 1 a DiV.OF COASTAL MANAGEMENT Office of AtG RALEIGH North Carolina Department of Cultural Resources State Historic Preservation Office David L.S.Brook,Administrator Michael F.Easley, Governor Division of Historical Resources Lisbeth C.Evans, Secretary David J. Olson. Director Jeffrey J. Crow,Deputy Secretary June 16, 2003 MEMORANDUM TO: Doug Huggett, Chief Major Permits Processing Section Division of Coastal Management,DENR Colonel Charles R.Alexander, District Engineer Army Corps of Engineers,Wilmington District FROM: David Brook �N� &Q �Q- 4- SUBJECT: Bay Landing,Woodville, EPI #02-178A,Perquimans County;ER 02-11470 We have reviewed the permit application for the above project. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. Based on the topographic and hydrological situation of the project, at the confluence of Deep Creek and Little River, there is a very high probability that prehistoric and historic archaeological sites exist in the overall development area. We recommend that any permits issued for the project include the following condition. Prior to initiation of any ground disturbing activities within the project area, the permittee shall arrange for an archaeological survey to identify and evaluate any archaeological sites which may be eligible for listing in the National Register of Historic Places; to determine whether such sites may be adversely affected by the project activities; and,if so, to develop and implement an appropriate mitigation plan.All activities associated with the archaeological investigations shall be coordinated with the Office of State Archaeology through this office. www.hpo.dcr.state.nc.us Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount St.,Raleigh NC 4617 Mail Service Center,Raleigh NC 276994617 (919)7334763 •733-9653 RESTORATION 515 N.Blount St.,Raleigh NC 4613 Mail Service Center,Raleigh NC 276994613 (919)733-6547 •7154801 SURVEY&PLANNING 515 N.Blount St.,Raleigh NC 4618 Mail Service Center,Raleigh NC 276994618 (919)733-6545 •715-4801 June t6,2003 Page 2 A list of qualified archaeological contractors in North Carolina is available at http://www.arch.dcr.state.nc.us/consults.The archaeologists listed, or any other experienced archaeologist,may be contacted to conduct the recommended survey. We have reviewed the above permit application concerning Carolina Coast and Lakes proposed plans to install a pier,dock,and boat ramp.Your agency and the applicant should be aware that the project area is likely to hold significant submerged cultural resources, such as vessel remains, from historic activities associated with the colonial town of Nixonton and associated maritime activities. Alerted by this information, staff members of this division carefully inspected the project specifications and determined that the installation of a pier,dock,and boat ramp constituted a minor bottom disturbing activity.We,therefore,recommend that no underwater archaeological investigation be conducted in connection with this project. We would like to notify you that this project should be undertaken with caution. If during construction submerged archaeological materials are encountered, such as shipwreck remains,it is the responsibility of the Army Corps of Engineers-Wilmington District to notify us immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to 28,Article 3: salvage of abandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward,and bottoms of other navigable waters).This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298)which gives the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands,including certain abandoned shipwrecks,which have been deserted and to which the owner has relinquished ownership rights with no retention. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment,please contact Renee Gledhill-Earley,environmental review coordinator, at 919/733- 4763. In all future communication concerning this project,please cite the above-referenced tracking number. cc: Mr.Bill Pearson,Carolina Coast and Lakes Mr. Kendall Turnage,Environmental Professionals, Inc. �r - RECEIVED JUN 13 2003 NCDENR DfV.OF COASTAL MANAGEMENT North Carolina Department of Environment and Natural Resources RALEleH Division of Coastal Management A4 Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary MEMORANDUM TO: Doug Huggett, DCM Major Permit Processing Coordinator FROM: John A. Thayer Jr. DCM NE District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Request by Carolina Coast & Lakes, Inc. Deep Creek Shores to Construct a Boat facility w/Pier, Dock, Boat Slips, Beach Area, Walkways, & Riprap a Portion of both Little River & Deep Creek, Located Off Atkins Way w/in the Subdivision Previously Know as Deep Creek Shores, but as Bay Landing Carolina Coast & Lakes, Above New Hope, Perquimans County. DATE: June 10, 2003 LUP Consistency:The proposal is consistent w/not in conflict w/Perquimans County Land Use Plan (LUP) certified by the CRC on October 24,2002 Overview: The 161-acre tract is currently being developed as a 48 lot residential subdivision. The applicant proposes to build a community boat facility with pier, dock, boat slips, beach area, riprap and walkways along Deep Creek and walkways and riprap along Little River. This proposal will result in about 60,000 sf. of disturbance affecting Public Trust/Estuarine Waters. Overview of LUP Policy: The County LUP, "Land Classification Map" designates the property as "Rural", in addition as noted on page 49 of the LUP all areas within an AEC, also qualify for the designation of "Conservation". The following policy is applicable to this request: Policy 2: The County will continue to rely on existing Regional, State, and Federal regulatory programs to monitor and determine the appropriateness of future development in the fragile land areas, flood prone areas and soils with limitations to development. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DEPARTMENT OF THE ARMY \� WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 i000 IN REPLY REFER TO June 9, 2003 Regulatory Division RECEIVED Action ID No. 200310538 J U N 1 2 20 03 DIV.OF COASTAL�GEMENT Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Carolina Coast and Lakes for a Department of the Army(DA) permit to develop a community boating facility, including construction of a pier,boat slips, boatramp,beach area, and the placement of riprap, on property located off State Road 1332, adjacent to Deep Creek and the Little River, in New Hope, Perquimans County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration,of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove,relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. No vegetated wetlands will be excavated or filled. 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. -2- 5. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. 8. 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. 9. 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, m4a* 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 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 • ILC . NCDENR c� 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: RECEIVED JUN 0 9 2003 TO: Doug Huggett DIV.OF COASTAL�GEMENT FROM: Frank Jennings SUBJECT: Carolina Coast and Lakes (Bay Landing) Major Permit Application Recommendations DATE: June 5, 2003 The applicant proposes to build a community boat facility with a pier, dock,boat slips, beach area, riprap and walkways on Deep Creek and walkways and riprap on the Little River. The development proposal will result in approximately 59,856 sq ft (1.374 acre) of disturbance and will affect the Public Trust Area, Estuarine Waters, Estuarine Shoreline and the Public Trust Shoreline Area of Environmental Concern. The development proposal appears consistent with 07H .0208(b) Specific Use Standards for(6) Docks and Piers, (7) Bulkheads and Shore Stabilization Measures and 07H .0209 Coastal Shorelines. It is recommended that the development proposal be approved with the following conditions. 1. The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. 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 Carolina Coast and Lakes(Bay Landing)Recommendations June 5, 2003 Page Two It is recommended that the development proposal be approved with the following conditions. 2. The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re-staked by DCM within a maximum of thirty (30) days prior to the new expected star( of construction. 3. The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 4. The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material, are not considered riprap. 5. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 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 Permits Processing Coordinator THROUGH: Mike Street, Chief Habitat Section FROM: Sara E. Winslow, Northern District Manager;�4' SUBJECT: Carolina Coast and Lakes (Bay Landing) DATE: May 16, 2003 The NC Division of Marine Fisheries submits the following comments pursuant to General Statute 113-131. Little River and Deep Creek are documented spawning and nursery areas for blueback herring and alewife. These waters are also utilized by white perch, yellow perch, American shad, striped bass, spot, croaker, flounder and other commercially and recreationally important species. The Division approves of this project but expresses the following concern. Five elevated walkways were previously constructed over Section 404 Wetlands. These walkways were built in violation, no permit was issued. This proposal would result in a community pier with 10 slips and the additional construction of six elevated boardwalks to the water. There are an additional 18 waterfront lots, fora total of 29 lots. There are no covenants for piers in the subdivision. This agency would express concern with the possibility of this many piers within this amount of area. 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 05/15/2003 03:38 FAX 1003 i ® North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director NaMORANDUM T0: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natura] sources FROM: David McHenry,Northeast Coastal Region Coord' ator Habitat Conservation Section / DATE: May 14, 2003 t SUBJECT: CAMA/Dredge and Fill Permit Application for Carolina Coast and Lakes, Bay Landing Subdivision,New Hope,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. The project site was visited on May 14,2003. 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.). The applicant is proposing construction of boating and water access amenities and repair of a shoreline structure in the Bay Landing Subdivision near New Hope, North Carolina, Proposed construction on a common lot bordering Deep Creek includes: (1) a 120' pier with 10 boat slips, (2) a 15' by 32' concrete boat ramp, (3) 60 linear feet of shoreline rip rap, and(4) a 20' by 75' sand beach. The proposal also includes construction of 1,915 linear feel of 5' wide boardwalks over wetlands on six individual lots and repair of 2,000 linear feet of existing rip rap bordering the Little River. The proposed pier and dock facility may be a hazard to navigation in Deep Creek depending on the overall width of the creek at the project site and proximity of the proposed pier to the deeper portions of the creek channel.The width of the creek was not described in the permit application and was not measured during the site visit. Therefore,the Commission recommends that conformance of the proposed pier length with the applicable set-back requirements be verified. In addition, since the project site occurs along an outside bend in the creek, water depths across the creek should be provided to ensure that the proposed pier will not overly obstruct typical navigation in the oreek, The Commission appreciates the opportunity to review and comment oil this permit applications. if you need further assistance or additional information, please contact me at(252) 946-6481 extension 345. Mailing Address: Division of 1::gad Fisheries - 1721 Mail Service Center - Raln2h,NC 27699-1721 Y 1 1 /r,.n, .11 9/9l _.._ 'tD, . V. . f a I a N 71C 7Z IAJ C , 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 April 29, 2003 Regulatory Division RECEIVED Action ID No. 200310538 MAY 0 5 2003 NV.OF COASTAL MANAGEMENT RALEW Carolina Coast and Lakes Attn: Bill Pearson Post Office Box 370 Hertford, North Carolina 27944 Dear Mr. Pearson: 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 April 21, 2003, for Department of the Army (DA) authorization to develop a community boating facility, including construction of a pier, boatramp,boat slips, beach area, and the placement of riprap, on property located off State Road 1332, adjacent to Deep Creek and the Little River, in New Hope, Perquimans 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. -2- Your application,pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 200310538 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, t Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 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. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 RECEIVED DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS MAY 0 1'2003 P.O.Box 1890 �1 Wilmington,North Carolina 28402-1890 ���/�/��/����QQ.r�,,.u.GW-W IN REPLY REFER TO 1�..Vr WM 1 �n RpiLLIQH Regulatory Division Action ID: 3 1 O S 5 Y' Applicant: Waterway:tee '' County:' �'j °' � Work Type: v� a+} �'� 4�1 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 Post Office Box 33726 ''���• Raleigh, North Carolina 27636-3726 + Regional Office Division of CoastafManagement Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV an Natural ResourceN Water Management Division 6 V 4;'Pv* U.S. Environmental Protection Agency at ma G ru` 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 enclose o com ents and/or recommendations would be appreciated on or before •f G\ c, � 0.7 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 05/15/2003 03:38 FAX Z 02 NCDENR North Carolina Department of Environment and Natura' Resources Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 24, 2003 MEMORANDUM TO: David Mci-lenry Wildlife Itesources Commission ti APR ATTN: Habitat Conservation Program ti r FROM: Doug Huggctt Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REV)ICW ` APPLICANT: CAROLINA COAST AND LAKES (BAY LANDING) PROJECT LOCATION: OFF FERRY ROAD (SR 1332) IN NEW lJ011E, PERQIJIMANS COIJNTY AND ON DEEP CREEK AND LITTLE RIVER. PROPOSED PROJECT:BUILD A COMMUNITY BOATING FACILITY WITH A PIER, DOCK, BOAT SLIPS, BEACH AREA, RIPRAP AND WALKWAYS ON DEEP CREEK AND WALKWAYS AND RIPRAP ON THE LITTLE RIVER. Please indicate below your agency's position or viewpoint on the proposed project and return this forni by May 15, 2003. If you have any questions regarding the proposed project, Please contact Doug Huggctt at (919) 733-2293, ext. 244. When appropriate, in-dtrpth corrunents with supporting data is requested_ REPLY Phis agency has no objection to the project as proposed. -.,This agency Iias no comment on the proposed project. This age ,approves of the project, only if the recommended changes are incorporated. T agency bje s t I p ct for reasons described in the attached comments. SIGNE Z DATE 3 1 av 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 l Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Axa RCDENR 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 April 17, 2003 MEMORANDUM: 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: Carolina Coast &Lakes (Bay Landing) Project Location: Off Ferry Road (SR 1332) in the New Hope community of Perquimans County. Proposed Project: Construct a boating facility with a pier, dock, boat slips, beach area, riprap and walkways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 2003. If you have any questions regarding the proposed project, please contact Frank A. Jennings,III 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. I/ 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 Pal - DATE Z9 23 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 AMA lY.F NCDENR APR 2 5 North Carolina Department of Environment and Natural Resources State Property Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 24,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director DECEIVED State Property Office MA'S 0 9. 2003 Department of Administration FROM: Doug Huggett �'��PA E�AGE IT Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: CAROLINA COAST AND LAKES (BAY LANDING) PROJECT LOCATION: OFF FERRY ROAD (SR 1332) IN NEW HOPE, PERQUIMANS COUNTY AND ON DEEP CREEK AND LITTLE RIVER. PROPOSED PROJECT: BUILD A COMMUNITY BOATING FACILITY WITH A PIER, DOCK, BOAT SLIPS, BEACH AREA, RIPRAP AND WALKWAYS ON DEEP CREEK AND WALKWAYS AND RIPRAP ON THE LITTLE RIVER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 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 113 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 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 April 24,2003 MEMORANDUM RECEIVED TO: Mr. Roberto Canales MAY Q 8 2003 State Construction/Materials Branch Division of Highways DW.0FC0ASTALMANP►GEMEW RALE0 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: CAROLINA COAST AND LAKES (BAY LANDING) PROJECT LOCATION: OFF FERRY ROAD (SR 1332) IN NEW HOPE, PERQUIMANS COUNTY AND ON DEEP CREEK AND LITTLE RIVER. PROPOSED PROJECT: BUILD A COMMUNITY BOATING FACILITY WITH A PIER, DOCK, BOAT SLIPS, BEACH AREA, RIPRAP AND WALKWAYS ON DEEP CREEK AND WALKWAYS AND RIPRAP ON THE LITTLE RIVER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 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. RE Y 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 929�iDATE 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\10%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 April 17, 2003 MEMORANDUM: 0 [� TO: Mr. Preston P. Pate, Jr., Director MAY Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Carolina Coast& Lakes (Bay Landing) Project Location: Off Ferry Road (SR 1332) in the New Hope community of Perquimans County. Proposed Project: Construct a boating facility with a pier, dock, boat slips, beach area, riprap and walkways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 2003. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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. l,-"" 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: hfp://dcm2.enr.state.nc,us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A •,ram 25 2003 NCDENR DiVII&ON OF North Carolina Department of Environment and Natural Resourcq§ATER REWURCES Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 24,2003 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section AL 0 8 2003 Division of Water Resources FROM: Doug Huggett 1117 Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: CAROLINA COAST AND LAKES (BAY LANDING) ,4 03 PROJECT LOCATION: OFF FERRY ROAD (SR 1332) IN NEW HOPE, PERQUIMANS COUNTY AND ON DEEP CREEK AND LITTLE RIVER. PROPOSED PROJECT: BUILD A COMMUNITY BOATING FACILITY WITH A PIER, DOCK, BOAT SLIPS, BEACH AREA, RIPRAP AND WALKWAYS ON DEEP CREEK AND WALKWAYS AND RIPRAP ON THE LITTLE RIVER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 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 Z17 L(�1-7 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 1'2003 NCDENR ar North Carolina Department of Environment and Natural Reso ol- Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary April 24,2003 MEMORANDUM dID TO: Linda Sewall, Director MAY — Division of Environmental Health FROM: Doug Huggett SHELLFISH SANITATION Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW II APPLICANT: CAROLINA COAST AND LAKES (BAY LANDING) 1 a ;4=1q—o3 PROJECT LOCATION: OFF FERRY ROAD (SR 1332) IN NEW HOPE, PERQUIMANS COUNTY AND ON DEEP CREEK AND LITTLE RIVER. PROPOSED PROJECT: BUILD A COMMUNITY BOATING FACILITY WITH A PIER, DOCK, BOAT SLIPS, BEACH AREA, RIPRAP AND WALKWAYS ON DEEP CREEK AND WALKWAYS AND RIPRAP ON THE LITTLE RIVER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 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. 4gare �il�Ip,5This agency has no comment on the proposed project. This agency approves of the project, only if the recom ended corporated. This agency objects to the project for reasons described in the attached comments. SIGNED(Sl c DATE &/i 7 0 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 FW A TF Michael F. Easley,Governor �O ^ ° Q William G. Ross Jr.,Secretary `O G North Carolina Department of Environment and Natural Resources vj P ;�,. ,:, , � E® Alan W. Klimek,P.E. Director 9 [ ;e;.' _ > ` Division of Water Quality —I 4 'C FEB � nnnn COASTAL MiANAGEMENT December 23, 2002 ELIZABETH CITY DW Q# 02-1751 Perquimans County Page 1 of 2 Mr. Bill Pearson Carolina Coast and Lakes EJAI'N ��P.O. Box 3702Hertford, NC, 27944 2 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Pearson: You have our approval, in accordance with the attached conditions, to place fill in 0.096 acre of wetlands in order to construct the Bay Landing subdivision in Perquimans County, as you described in your application received by the Division of Water Quality on October 31, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3362, which can be viewed on our web site at_h_ttp://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 18 when issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr,state.nc.us/ncwetlands ; 2. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality; 3. Upon completion of the project, the Applicant shall complete and return the enclosed"Certificate of Completion"form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. flr fEN?� N. C. Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service i Rnn 9"_77no December 23, 2002 DWQ# 02-1751 Perquimans County Page 2of2 If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of.the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens in our Washington Regional Office at 252-946-6481 or Cyndi Karoly in our Central Office at 919-733-9721. Sincerely, Klimek, P.E. Attachments FEB lnr.� cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office E',OAS-TA!r,v,NAGEMENT Central Files Ft 1Z.ABEr!+ CITY File Copy Kendall.Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 021751 Instructions to Word Processing: This is a card letter 31. June 9, 2003 Regulatory Division Action ID No. 200310538 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment And Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Carolina Coast and Lakes for a Department of the Army permit to develop a community boating facility, including construction of a pier, boat slips, boatramp, beach area, and the placement of riprap, on property located off State Road 1332, adjacent to Deep Creek and the Little River, in New Hope, Perquimans County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. No vegetated wetlands will be excavated or filled. 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 5. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. 8. 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. 9. 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, Raleigh Bland, P.W.S. Regulatory Project Manager 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 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 ' Cho State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F. Easley,Governor William G.Ross,.Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION November 6, 2002 LETTER OF AP RQVAL OF REUSED PLA Carolina Coast. and Lakes ATTN: Mr• William Pearson, President Post Office Box 370 Hertford, North Carolina 27944 RE: Erosion and Sedimentation Control Plan No. Perqu-2003-002 Bay Landing SR 1332 -Perquimans County River Basin: Pasquotank Date Received: October 28, 2002 Responsible Party: Carolina Coast and Lakes Dear Sir: This office has completed its review of the revised erosion and sedimentation control plan for the referenced 20.3 acre disturbance. Based on the information provided, we have determined the submitted plan for the inclusion of 2 additional acres of disturbance for more swales and 9 building pads on Deep Creek, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPRQVAL subject to any previously listed modifications. In 1973, the Sedimentation Pollution Control Act(copy available upon request) was enacted. It established a performance oriented program with the OBJECTIVE of PREVENTING SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSWLE PARTY YOUR RESPONSIBILITY is to understand the Act and comply with the following mininium requirements of the Act and the above listed modifications (if any): -- an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no land-disturbing activity has been undertaken; 943 Washington Square Mall,Washington, North Carolina 27a89 Telephone 252-34M461,FAX252-975-3715 An equal Opportunity Employeer 50%recycled/^0%Post-consumer paper � •d PPnT - TRH-I.S1. .40 saaROTJW3 etl0 =80 20 so oaQ FEB . COASTAL MANAGEMENT U.S.ARMY CORPS OF ENGINEERS ELI,ZABETH CITY WILMINGTON DISTRICT Action ID 200310134 County Perauimans NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Carolina Coast&Lakes Address: Post Office Box 37.0 Hertford,North Carolina 27944 Telephone No.: 252-717-7154 Size and location of property(waterbody,highway name/number,town, etc.) Property contains approximately 161 acres along NCSR 1322 adiacent to Little River and Deep Creek. Property is located east of the Town of Hertford at coordinates 36.1852 N and 76.2809 W in the Albemarle Sound Basin. Indicate Which of the Following Apply: _ There are waters of the U.S.and/or wetlands,on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. _ Because of the size of your property and our present workload,our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it,and,if it is accurate,we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional deternvnation on your property without an approved survey. X_ The waters of the U.S.and/or wetlands,.on your property have.been delineated and surveyed,and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S.,to include wetlands,present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division of Coastal Management in Elizabeth City,NC,at(252)264-3901 to determine their requirements Placement of dredged or fill material in Waters of the US and/or wetlands on this property ' without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 US 1311). A permit is not required for work restricted entirely to existing non- wetland area. If you have any questions regarding this determination and/or the Corps of Engineers regulatory program,please contact William Wescott at 252-975-1616 extension 25. Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual and is adiacent to Little River and Deep Creek. Property Owner/Authorized Agent Signature Corps Regulatory Official Date 11-15-2002 Expiration Date 11-25-2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM Carolina Coast and Lakes V AT'I T : Mr. William Pearson, President ED November 6, 2002 FES .1; 2nn.3 Page 3 COAST'll A 4 , �YtENT responsibilitydiability cited in it sloes not automaticagy transfer with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. If it is deterrmned that the buplemented plan.is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law. (Note: Revisions to the scope of this project without prior approval of the plan showing the changes can be considered a violation). Failure to comply with any part of the approved plan or with any requirements of this progrann could result in the taking of appropriate legal action against the financially responsible party, (Carolina Coast crud Lakes). One option is the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations and rules_ In addition, the laird disturbing activity described in this plan may also require approval or permitting from other agencies -Federal, State or local. These could include the U.S. Army Corps of Engineers under Article 4.0.4. jurisdiction, the Division of Water(duality- Surface Water Section under stormwater regulations (contact.Mr. Bill Moore, 252- 946-6481, ext. 264), county, city or town agencies under otlier local ordinances, or other approvals that may be required. rii a roval does not suDersede a - "r V,A1_gr-R9rraAt Please be advised that all land-disturbing activities affecting 5 or more acres are required to have a NPDES permit. The Construction Activities General NPDES Permit -NCG010000 for this project was mailed on October 15, 2002. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Contact the Division of Water Quality - Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements of the pemiit. Sincerely, Patrick H. McClain-, PE Assistant Regional Engineer :pm cc: Katherine C. Mm-chello, PLS, McKim and Creed d P'rn i - i pip JO saaRO j ds3 e310 .80 �?0 90 0aa Michael F.Easley,Governor O G William G.Ross Jr.,Secretary U North Carolina Department of Environment and Natural Resources —i - Alan W.Klimek,P.E.,Director '< Division of Water Quality DIVISION OF WATER QUALITY December 6, 2002 DEC 10 a02 Mr. William Pearson Carolina Coast & Lakes, Inc. LITl:'. PO Box 370 -r».--r------_ V Q Hertford, NC 27944 Subject: Permit No. SW7021020 FEB 5 Pn? Bay Landing Subdivision Low Density Stormwater Pro jeCt,OASTALMANAGEMENT Perquimans County ELIZABETH CITY Dear: Mr. Pearson: The Washington Regional Office received the completed Stormwater Application for the subject project on December 4, 2002. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H. 1000. We are forwarding Permit No. SW7021020 dated December 6, 2002 to Carolina Coast & Lakes, Inc. for Bay Landing Subdivision. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or, limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 William Pearson December 6, 2002 Page Two Lf you have any questions, or need additional information concerning this: matter, please contact Roger Thorpe at (252) 946- 6481, extension` 214 . Sincerely, -Jim ulligan Water Quality Regional Supervisor Washington Regional Office cc: /Environmental Professionals Perquimans County Inspections WaRO - Stormwater Files ° ® Central Files FEB 5 2 COAS-fAL A4,6M,4G TMFNt cI .HIV G® ;T,71 EEC JAN 2 9 2003 ' COASTAL MANAG ' U.S.ARMY CORPS OF ENGINEERS ELIZ.ABETH G WILMINGTON DISTRICT Action ID. 200310135 County Perguimans GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Bill Pearson Address: Post Office Box 370 Hertford, North Carolina 27944 Telephone No.: 252-717-7154 Size and location of project(water body,road name/number,.town, etc.) Property known as Bay Landing contains 160.9 acres located east of the Town of Hertford on SR 1322 adjacent to Little River and Deep Creek. Albemarle Sound Basin 36 1852 N 76.2809 W. Description of activity Applicant proposes to fill a total of 0.096 acres of wetlands out of the 18.1 acres of wetlands existing on the property. The proposed fill will occur on Lots 23 24 and 25. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) _ Section 10(Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number Nationwide Permit Number 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 of the Clean Water Act(as indicated above), before beginning work you must receive a Section 401 water quality certification from the N.C. Division of Water Quality(telephone (919)733-1786). For any activity within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior to beginning work you must contact the N.C. Division of Coastal Management(telephone(919) 733-2293. Please read and comply with the attached conditions. Any violation of these conditions may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or The Corps of Engineers regulatory program,please contact William Wescott at 252-975-1616 extension 25. Corps Regulatory Official ��`'�� �U'�c-v � Date 1-22-2003 Expiration Date of Verification 1-22-2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. DCM% DWQ% Development Type FEE (14300 1601-435100093 1625 6253) (24300 1602 435100095 2341 1. Private,non-commercial 0%(SO) development that does not involve S250 100%(S250) the filling or excavation of any wetlands or open water areas: if. Public or commercial development 0%{SO) that does not involve the filling or S400 100%(S400) excavation of any wetlands or open water areas: lit. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,8,C,or D below applies: iil(A). For Private,non-commercial development,if General water Quality S250 100%(S250) 0%(SO) Certification No.3301 (see attached) can be ap lie ' 111(8): For public or commercial development,if General water Quality $4 100%(5400) 0%(SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff (S160) determined that additional review and S400 60�°(5240) 40% written DWQ concurrence is needed because of concerns related to water quality or aquatic life: 111(D). If General Water Quality S400 60%(S240) 40%(S160) Certification No.3301 (see attached) can not be applied: IV. For development that involves the filling and/or excavation of more S475 60"b(S285) 40%($190) than one acre of wetlands and/or open water areas: NC®ENR 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 April 17, 2003 The Perquimans Weekly Legal Advertisement Section P. O. Box 287 Hertford, North Carolina 27944 Re: Public Notice - CAROLINA COAST AND LAKES (BAY LANDING) PROJECT Dear Sir: Please publish the attached Notice in the Thursday, April 24, 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 Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Sincerely, ed Sampson District Manager TS/dc Enclosure cc: Doug Huggett 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 t 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 April 10, 2003. According to said application, CAROLINA COAST AND LAKES (BAY LANDING) proposes to construct a boating facility with a pier, dock, boat slips, beach area, riprap and walkways off of Ferry Road (SR 1332) in the New Hope community of Perquimans County. A copy of the entire application may be examined or copied at the office of Frank A. Jennings, III, NC Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 27909, (252) 264-3901 during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to May 14, 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: Thursday, April 24, 2003 1 CDENR 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 April 17, 2003 Kendall Turnage Environmental Professionals, Inc. P. O. Box 3368 Kill Devil Hills, North Carolina 27948 Dear Mr. Turnage: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located off of Ferry Road(SR 1332) in the New Hope community of Perquimans County. It was received on April 10, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 24, 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 A. Jennin s,.III Coastal Management Representative FAJ/dc Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM Carolina Coast & Lakes 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 COMPLETECOMPLETE THIS SECTION ON DELIVERY SECTION ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X 4 nt ■ Print your name and address on the reverse _ Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, Z,`�V- or on the front if space permits. D. Is clPIMSdress a item 1? ❑ Yes 1. Article Addressed to: ;; If YES,enter delivery address below: ❑ No FEB ?nn /d '/ W10 A-lb COASTAL.MANAGEMENT p? /3U 3. Service Type 1. )*Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7001 2510 0005 1522 5909 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt ,!t _ 102595-02-M-1035 COMPLETE .N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete rS' ae item 4 if Restricted Delivery is desired. ' ❑Agent ■ Print your name and address on the reverse Guv ❑Addressee so that we can return the card to you. B./Received by(Print C. Date of Delivery uA■ Attach this card to the back of the mailpiece, �2-�3_(�or on the front if space permits. 1. Article Addressed to: D. Is delivery add re ifferent from item 17 ❑Yes YES,enter del ry address below: ❑ No Q� goo a fRegis4ed ioeT�g <N 9 ertifLWail�= Express Mail Q LVDReturn Receipt for Merchandise nsured Mail 0 ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7 0 01 2 510 0005 1522 6 012 PS Form 3811,August 2001 Domestic Return Receipt 102595.02-M-1035 Postal Service ■ , MAIL ■ ■ (Domestic Mail otily;No Insuratice Coverage Provided) �VED ti ra ffB remit Postage $ s�, COSTAL MANAGEMENT Lr) ©EVIL y/jj ELIZABIETH CITY r9 I Certified Fee _ A_ Lr) Return Receipt Fee Her O (Endorsement Required) .� 9 C3 Restricted Delivery Fee 2002 C:3 (Endorsement Required) r aTotal Postage&Fees ru Sent To rI Street,Apt,No,; O or PO Box No. v � + �Clty Stets,ZIP4• 'c-�C�•- � ���� r Postal Service CERTIFIEDRECEIPT (Domestic0111y;NO Insilrailce Coverage Provided) Ir fL TJ q p p py -n 7 ru ru Postage $ (a a Certified Fee _7 r �i a OEVIL y� Lr7 Return Receipt Fee �T Her O (Endorsement Required) Restricted Delivery Fee y rr)) O �UO2 (Endorsement Required) + J I-q Total Postage&Fees , Lr7 f-U Sent To a Street Apt,No.; O orPOBoxNo. CZ City,State.ZIP+4 .................................................• /W GCr cm 1 ED FEB (4314V FILED in P�rquimtns Go-')ST��JJ��.MANAGEMEW �1LkI3ETH CITY 0PW!QU11WAANs COUNTY on Jun 25 2002 at 02:56:58 PM NSM T by: Worth S. Reed Sk�Qo m r�1 BO of D#Ids OKt231 PAGE 72 ad File: 02 L 226 Mail after recording to: Conrad E. Paysour, III .> This instrument prepared by: Conrad E. Paysour, III H Issued Jun 26 2002 Attorney at Law Q 4860.00 Post Office Box 686 Stow of Porquimane Greenville, NC 27835-0686 North Carolina County Phone: (252) 758-3430 Real Estate Excise Tax Brief Description: #1 (80 ac. SR #1332) & #2 (28 ac. Deep Creek) Revenue Stamps : $ 9'90.co Transfer Tax: GENERAL WARRANTY DEED NEW HOPE TOWNSHIP, PERQUIMANS COUNTY, NORTH CAROLINA THIS DEED made this �k day of , 20 tj1,), , by and between the Grantor and Grantee identifi below: GRANTOR: GRANTEE: Louisburg Hardwood, Inc. , Carolina Coast and Lakes, Inc. , a N. Carolina Corporation a N. Carolina Corporation Mailing Address : Mailin Address: .�.�. 8n)c Q61 `l 0 tic, 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. WITNESSETH, that 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 that certain lot or parcel of land situated in the State of North Carolina and more particularly described as follows : 1 1819 ENVIRONMENTAL PROFESSIONALS, INC. P.O. BOX 3368 919-441-0239 ,� Q 86.25/53 KILL DEVIL HILLS, NC 27948 — 64 PAY TO ORDERER OF OF- ,/l,� `t6e $ s° V'01 /� " D O L L A R 5 Nafionsftnk NationsBank of North Carolina,N.A. Manteo�//Kitty Hawk FOR �C oa fn I:0 5 3 100 2 Sal: 61, 70 L 700 WI L8 19 BOOK 231 PAGE 73 SEE THE ATTACHED EXHIBIT A FOR: DESCRIPTIONS REFERENCED MAPS OF SURVEY i TITLE REFERENCES TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances , and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions : The lien of taxes for the current year and subsequent years which are to be paid by the Grantee. All matters reveled by the said Maps of Survey. The Right-of-Way running from SR #1332 South to and adjacent to Lazy W Subdivision. Taxes for the current year, right-of-ways for public highways and roads and utilities (over, under and upon the described realty) , easements and restrictions of public record, and noncompliance, if any, with local, county, state or federal government laws, ordinances, or regulations relative to zoning, environment, subdivision, occupancy, use, construction or the development of the subject property. The State of North Carolina claims all land below the ordinary high watermark of abutting bodies of navigable water. i IN WITNESS WHEREOF, the Grantor has caused this instrument to executed by its President, by proper corporate authority duly given, all as of the day and year first above written. Grantor Corporation: Louisburg Hardwood, Inc. (SEAL) Gary Varren Griffin resident RE, 19I FEB S 2nnn �OASTAi 6AANAGEMENT EL.IIASETN CITY i .y i BOOK 231 PAGE 74 NORTH CAROLINA f'a v,, Ain COUNTY if Kcr f- 5. (andwtil , a Notary Public in and for the aforesaid County and State, certify that Gary Warren Griffin personally came before me and acknowledged that he is President of Louisburg Hardwood, Inc. , a North Carolina Corporation, and that he as President being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and notarial seal, this the day of 20 O•L . I � Notary Public My Commission Expires: d, y 12 ad i- pV6 LIC NORTH CAROLINA PERQUIMANS COUNTY The foregoing certificate of KATIE E. CARDWELL, a Notary Public of Franklin County, North Carolina is certified to be correct. This 25th day of June, 2002. r DEBORAH S. REED BY REGISTER OF DEEDS Dep ty RECEIVE® FEB COASTAL MANAGEMENT r�l IZABETH CITY BOOK 231 PAGE 75 File: 02 L 226 Conrad E. Paysour, III91 Attorney at Law $l� Mattox, Davis, Barnhill & Paysour ,Post Office Box 686 ' FEB 5 Greenville, N. Carolina 27835-0686 Phone: (252) 758-3430 COASTAL MAN.AGEME B-:UZABETH C 1TY NT ATTACHED EXHIBIT A LOUISBURG / CC&L 80 AC. , SR #1332 & LITTLE RIVER, NEW HOPE TWSP. ) (#2 --- +/- 28 AC. , DEEP CREEK & LAZY W, NEW. HOPE TWSP. ) ITract 1 Description: (+/- 80 ac, SR #1332 & Little. Riv, New Hope Twsp. , #4-0045-0001B) Being that certain lot or parcel of land situated in New Hope Township, Perquimans County, North Carolina which is more particularly described as follows: Beginning at a Point in the Southern Right-of-Way for SR #1332 Where the Northern Corner of this described realty adjoins the Right-of-Way for SR #1332 and the Melvin J. Colson, Jr, realty (ie. Tract A of 296.0 ac.) , thence running from the said Point South 82 deg. 51 min. East 198.2 i ft. with SR #1332 to a Point; thence running from the said Point South 80 deg. 34 mini. East 358.6 ft. with SR #1332 to a Concrete Monument; thence running South 09 deg. 09 min. West 293.0 ft. with the Colson realty to a Point; thence running South 07 deg. 51 min. East 314.0 ft. with the Colson realty to a Point; thence running South 38 deg. 21 min. East 142 .0 ft. with the Colson realty to a Point; thence running South 17 deg. 51 min. East 447. 0 ft. with the Colson realty to a Point; thence running from the said Point South 54 deg. 51 min. East 254.0 ft. with the Colson realty to a Point; thence running from the said Point South 71 deg. 51 min. East 137.0 ft. with the Colson realty to a Point; thence running South 89 deg. 27 min. East 265.8 ft. with the Colson realty to a Pipe; thence running from the said Pipe South 63 deg. 50 min, East 254.1 ft. with the Colson realty to a Pipe; thence running from the said Pipe South 76 deg. 36 min. East 274.0 ft. with the Colson realty to a Pipe; thence running from the said Pipe South 68 deg. 52 min. East 149.1 ft. to a Pipe; thence running from the said Pipe South 64 deg. 57 min. East 436.5 ft. to a Pipe; thence running from the said Pipe with the Shoreline of the Little River in a generally Southeasterly, South direction to an Angle Iron in the boundary between this realty and the Zydron/Gray realty, BOOK 231 PAGE 76 the said Angle Iron being located in the Northeastern Corner—, of the Zydron/Gray realty; thence running from the said ": ' "� � Angle Iron South 87 deg. 48 min. East 2,241.4 ft. with the Zydron /Gray realty to a Concrete Monument (the said rn�� Concrete Monument being located in the Western Edge of a 60 £t. Right-of-Way) ; thence running from the said Concrete CCJ6�s'�ALMF�NAGEME�I`9 Monument North 13 deg. 41 min. West 876.7 ft. with the EL.IZABETH On Colson realty and the Western Edge a 30 ft. Right-of-Way to an Angle Iron; thence running from the said Angle Iron North 5 deg. 12 min West 1,151 .2 ft. with the Colson realty and the Western Edge of the 30 ft. Right-of-Way to an Iron Post; ' thence running from the said Iron Post North 03 deg. 57 min. West 680 .3 ft. with the Colson realty and Western Edge of the 30 ft. Right-of-Way to the aforesaid Point, the Point of Beginning. This tract contains approximately 80 acres, more or less, designated as a portion of Perquimans County Tax Parcel #4-0045- 0001B, all in accordance to the Referenced Maps of Survey which are incorporated herein for a more perfect and detailed description. With the exception next noted, also included in this conveyance is all right, title and interest the Grantor has in the 30 ft. Right-of-Way which runs from SR #1332 Ferry Road South to the Lazy W Subdivision. The exception shall be that the Grantor shall retain the non-exclusive right to use for ingress and egress that portion of the 30 ft. Right-of-Way from SR #1332 described as follows: that portion of the Right-of-Way lying to the East of the boundary of Tract A the Melvin Colson realty which runs from SR #1332 South 03 deg. 57 min. East 730.3 ft. to the End Point (said Point being South 03 deg. 57 min. East 50 ft. from an Iron Pipe) . This usage shall be subject to the understanding that any damage caused by the Grantor to that 730 .3 ft. portion of the Right-of-Way the Grantor uses shall be repaired by the Grantor at the Grantor' s sole expense. Referenced Maps of Survey for Tract 1: r Reference should be made to; (1) that Map of Survey by Charles E. Brown, III, RLS, entitled "Survey for Melvin John Colson, Sr. Estate", recorded 03/30/1990 in Plat Cab. 2, Slide 21 (#5) of the Perquimans County Registry, and (2) that Map of Survey by henry Cunningham, RLS, entitled "Lazy W Camping and Resort Subdivision", recorded 12/20/1977 in the Perquimans County Registry. These Maps of Survey are incorporated herein for a more complete and accurate description. Title Reference in Perquimans County for Tract 1 : See the Correction Deed from Jessie S. Colson, etc. , to Harold Gordon Colson, recorded 08/07/1990 in Book 136, Page 575; See the BOOK 231 PAGE 77 Warranty Deed from Jessie S. Colson, etc. to Harold Gordon Colson, recorded 05/05/1983 in Book 103, Page 513. E 'UASTAL MANAGEMENT Tract 2 Description: ELI2ASETH CCTV (+/- 28 ac. , Deep Creek & Lazy W, New Hope Twsp. , #4-0055-0016) Being that certain lot or parcel of land situated in New Hope Township, Perquimans County, North Carolina which is more particularly described as follows: Beginning at a Concrete Monument located in the Western Edge at the end of the 60 ft. Right-of-Way serving Lazy W == Subdivision, said Concrete Monument being located in the Eastern Corner of Lazy W' s Lot #19; thence running from the said Concrete Monument South 64 deg. 30 min. West 421 ft. with Lazy W' s Lot #19 to a Point; thence running from the said Point South 15 deg. 44 min. East 224.5 ft. to a Point in the Shoreline of Deep Creek; thence running from the said Point in an Easterly direction with the Shoreline of Deep -Creek to Point in the Zydron/Gray realty (said Point being located North 87 deg. West 400 ft. and North 75 deg. West 550 ft. from the Shoreline of the Little River) ; thence running from the said Point North 25 deg. West 900 ft. with the Zydron/Gray realty to a Point; thence running from the said Point South 66 deg. West 460 ft. with the Zydron/Gray realty to a Point; thence running from the said Point South 59 deg. 30 min. West to a Concrete Monument located in the Western edge of the 60 ft. Right-of-Way serving the Lazy Subdivision; thence running from the said Concrete Monument South 13 deg, 41 min. East 435.2 ft. with the Western edge of the Lazy W Right-of-Way to a Concrete Mouuument; thence running from the said Concrete Monument South 9 deg. 34 min. West 664 ft. with the Western edge of the Lazy W Right-of- Way to the aforesaid Concrete Monument, the Point of Beginning. T This tract contains approximately 28 acres, more or less, rurF., designated as Perquimans County Tax Parcel #4-0055-0016, all in accordance to the Referenced Maps of Survey which are incorporated herein for a more perfect and detailed description. Also Included in this conveyance is all right, title and interest the Grantor has in the 60 ft. Right-of-Way which runs adjacent to the Lazy W Subdivision. Referenced Maps of Survey for Tract 2: Reference should be made to: (1) that Map of Survey by S. Elmo Williams, RLS, entitled "Earl Perry Property" , recorded in Book 51, Page 271A of the Perquimans County Registry, and (2) that Map of Survey by Henry Cunningham, RLS, entitled "Lazy W Camping and Resort Subdivision", recorded 12/20/1977 in the Perquimans County BOOK 231 PAGE 78 Registry. These Maps of Survey are incorporated herein for a more complete and accurate description. Title Reference in Perquimans County for Tract 2 : Seethe Warranty Deed from Jessie S. Colson, etc. , to Harold Gordon Colson, recorded 05/05/1983 in Book 103, Page 506; See the Boundary Agreement between Ervin A. Turner and wife, and Melvin J. Colson and wife, recorded 09/14/1965 in Book 52, Page 439. 6EE® Ta. FEB 1003 COASTAL hAANAGEMENT EL,IZABETH CITY