HomeMy WebLinkAbout85-03 Daniels Jr., Willie r
Permit Class Permit Number
NEW 85-03
STATE OF NORTH CAROLINA
Department of Environment and Natur, s urc 5s 711�
and
Coastal Resources Commissi n' t
JUL 1 6 2003 Permit
=�
�°OF for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Willie Daniels.Jr., 3652 Millandive Road, Wanchese, NC 27981
Authorizing development in Dare County at Broad Creek, SR 1140, Wanchese
as requested in the permittee's application dated 4/14/03. including
attached workplan drawings (3), dated Received 4/14/03
This permit, issued on Jane 23, 2003 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
commercial docking facility. Any sewage discharge at the commercial docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, may become a permanent part of this 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.
(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 Donna E�':Moffitt,Director
hereunder requires further Division approval. MAiivision of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2006
Inissu project
permit, the State of North Carolina agrees
y
that our ro,ect is consistent with the North Carolina Coastal Aled &=d.4_Z S _�2.
Management Program. Signature of Permittee
Willie Daniels,Jr. Permit#85-03
Page 2 of 3
ADDITIONAL CONDITIONS
3) This permit authorizes the permanent mooring of no more than ten vessels at the docking facility.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will
require that the docking facility be classified as a marina.
4) The docks and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
5) 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.
6) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
7) 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.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage 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.
9) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
General
10) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
I
Willie Daniels,Jr. Permit#85-03
Page 3 of 3
ADDITIONAL CONDITIONS
,
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
030558.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310567.
ANVIN
-,- ;at
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
Mr. Willie Daniels,Jr.
3652 Millandive Road
Wanchese,NC 27981
Dear Mr. Daniels:
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,
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: Willie E. Daniels, Jr.
2. LOCATION OF PROJECT SITE: 372 Harbor Road (SR 1140) in Wanchese on a manmade basin off
Mill Landing Creek
Photo Index - 2000: 183-2136 (G,H-I;H-2,3) 1995: 183-1893 (G-18; H-18,19,20)
1989: 152-15 (M-14,15,16; N-16) 1984: 140-506 (X-17,18,19) 1978: 83-366 (0,P,Q-21; Q-22)
State Plane Coordinates - X: 30000000 Y: 779500 Oregon Inlet UL
GPS: E041018A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/04/03 04/10/03
Was Applicant Present - No No
5. PROCESSING PROCEDURE: Application Received - 04/14/03
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Private, Commercial
(E) Wastewater Treatment: Existing Septic Drainfield
Planned - None
(F) Type of Structures: Existing - Docks, house trailer, crab shedders, riprap, boatramp, deck
Planned - New docks with 9 slips - move crab shedders
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
Dredged Filled Other
A Vegetated Wetlands
B Non Vegetated Wetlands
(C) Other
PTA, EW 5,176 sq. ft. shaded/
5,000 s .ft. captured
(D) Total Area Disturbed: 5176 sq.ft. (0.119 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to build a 9 slip mooring facility and two shoreline
docks within a manmade basin adjacent to Wanchese Harbor.
Willie E. Daniels
Field Investigation Report
Page Two
Proj_�tting
The applicant's property is located at 372 Harbor Road (SR 1140) adjacent to the Wanchese Seafood
Industrial Park in Wanchese, Dare County and on a manmade basin off Mill (Landing) Creek. The property
is approximately 4 acres in size and is mostly flat with sandy soils and has an elevation of approximately 5
feet above the normal water level (NWL). Vegetation on the tract consists of yard grasses and scrub trees
along the bank of the canal. The property has approximately 1,200 ft. of shoreline on the basin and on
Wanchese Harbor. The shoreline is generally stabilized by riprap in most areas.
Adjacent riparian property consists of the Wanchese Seafood Industrial Park and a boat building
business operated by the applicant's son-in-law. Manmade features of the property include riprap, a two slip
dock, crab shedders, a mobile home, boatramp, and two small work docks. The property has been used as a
staging area for a federal marine construction project in Manteo. The water depths in the area of proposed
development in the basin are approximately -10 feet. The waters of Mill Creek are classified as SC by the
Division of Environmental Management and are closed to shellfishing.
Development Proposal
The applicant proposes to construct a mooring and docking facility on his property. The mooring
structure consists of a 14 ft. wide and 200 ft. long parallel to the shoreline dock with five 8 ft. long finger
piers and 15 free standing mooring pilings. The facility will provide nine dedicated slips which the owner
will rent for income. The two existing slips will be reconfigured and are included in the total number slips
proposed.
The docking structure consists of two docks. . One proposed dock is 8 ft. wide and 125 ft. long,
parallel to the west shoreline. Existing pilings for the applicant's crab shedders will be relocated toward the
south property line next to the boat building business. The dock will be for the applicant's personal use.
The second proposed dock is 8 ft. wide and 225 ft. long and is proposed for the eastern shoreline of
the basin. The purpose of this dock is to provide substantial temporary moorings for construction barges and
pushers.
Anticipated Impacts
The development proposal will result in the shading of approximately 2,800 sq. ft. of Public Trust
Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AECs) by the docks and
approximately 2,376 sq. ft. of PTA, EW AECs by the mooring facility. The slips will capture 5,000 sq. ft.
of PTA, EW AECs.
Temporary water turbidity will occur during construction.
Submitted by: Frank A. Jennings, III
Date: April 24, 2003
S
Form DCM-MP-1 RECEIVED
, PR 14 20 '
TION
A L MA(�AGE1IlENT
AP
PLI �,�JF�STA
ELIZABETH CITY
(To be completed by all applicants)
b. City, town, community or land ark
1. APPLICANT .
c. Street address or secondary road number
''R\ ///'0-
a. Landowner: iN\
C ���%� /� � d. Is proposed work within city limits Nor planning
Name NJJ l ! jurisdiction? Yes o__ __
Addresses ✓�Z 1Y� � l R� e. Name of body of water nearest project (e,g. river,
creek, sound, bay) B rI t) A-77 C
City.Wu ,YGH ESE State
mac•
Zip 7 Day Phone,V:.rZ-��-���°`�
3. DESCRIMON AND PLANNED USE
Fax fir ��G OF PROPOSED PROJECT
b. Authorized Agent:
^��J y �����/S Sa a. List all development activities you propose (e.g.
Name building a home, motel, marina, bulkhead, pier, and
7 a� excavation and/or filling activities.
Address�� � /�X --a G � �
City ��•`"�GS State
Zip .,Z �. / Day Phone;�S�Z -���P �'� b. Is the proposed activity maintenance of an existing
project, new work, or both?
Fax N c. Will the project be for public, private or commercial
c. Project name (if any)
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
NOTE: Perna will be issued in Warne of lm,downcr(r), and/or additional pages.
project name. D
- B i"y A R r- A Fv R
sM Ari -3 �u ��
2. LOCATION OF PROPOSED �i � ��' ` 5 E
PROJECT
a. County AIR
,
Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER All Al
CHARACTERISTICS
a. Size of entire tract _ �� `� n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
b. Size of individual lot(s) /Y1'° dow " and r idential di arges.)
a _
C. Approximate elevation of tract abov or G D
NWL
d. Soil type(s) and texture(s) of tract o. D cribe existing dri�n 7yater su ply ou ce.
J
e. Vegetation on tract iV/ r, BAA ;5 —
f. Man-made features now on tract ell�� 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (consuLt Lhe local land use plan,) following items must be submitted:
Conservation Transitional • A copy of the deed (with state application only) or
Developed Community other instrument under which the applicant claims title
Rural Other
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
h. How is the tract caned by local government? forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable
from the owner to carry out the project.
zoning? Yes No
(armch zoning n,r,�pUa„ce oarrificare fopplimble) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2' by 11" white paper. (Refer to
done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
Please note that original drawings are preferred and
k. IS the project located in a National Registered
only high quality copies will be accepted. Blue-line
Historic District or does it involve a National
prints or other larger plats are acceptable only if an
Register listed or eligible property?
Yes No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? Yes X No Engineers regarding that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
(Aaach docw�on, fa,��Labte) guide agency personnel unfamiliar with the area to the
EI
Form DCM-MP-1 APR 14 ;>r
COASTAL MANAGEMENT
T
L]ZABETH CITY
site. Include highway or secondary road (SR) 6. CERTIFICATION AND PERMISSION
numbers, landmarks, and the like.
TO ENTER ON LAND
• A Stormwa.ter Certification, if one is necessary. -
• A list of the names and complete addresses of the I understand that any permit issued in response to this
ion landowners and application will allow only the development described in
adjacent waterfront (riparian) the application. The project will be subject to conditions
signed return receipts as proof that such owners and restrictions contained in the permit.
have received a copy of the application and plats
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal proved Coastal Management Program and will be
Management. Upon signing this form, the applicant
conducted in a manner consistent with such program.
further certifies that such notice has been provided.
Name 1� E �frl �
I certify that I am authorized to grant, and do in fad,
Address s 1� /P� kgrant permission to representatives of state and federal
Phone W
- - �y�� review agencies to enter on the aforementioned lands in
�,x f connection with evaluating information related to this
TRK�
Name permit application and follow-up monitoring of the
Address prof'
Phone
I further certify that the information provided in this
Name ;Q l G -S r�r4 1�0 5 - application is truthful to the best of my knowledge.
Address ?�l a�� _2 (/✓k Nc ICS '. -/..,�7"/�'f
Phone � d�2 � �.� 2 3 y z
This is the day of ®1�,i•
• A list of previous state or federal permits issued for ' / —fir /S k7
work on the project tract. Include permit numbers, Print Name W / /
permittee, and issuing dates.
S ignature
L=uCowner or Authorized Agew
• epartment of Please indicate attachments pertaining to your proposed
A check for $250 made payable to the D
project.
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
r
Form DCM-MP4 RECEIVED
APR 14 lr;
TITRES COASTAL I�A�GGnENT
STRUC EUZABTHCT7y
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) 14�A Commercial"Community/j(#Private
other sections of the Joint Application which relate to (2) Number &,A
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) / f Commercl ommunity_Z Private
(2) Number 3
(3) Length ` ' (4) Width of water body
(4) Width dB,Y /.l 9 (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes No shoreline
(1) Number
(ii) Length f. Mooring�s�cture (boatlift, mooring pilings etc.)
(iii) Width '? / avcs 4 � C (1) 1� `-ommercial/*j�dCommunity, rivate
(6) Platform(s) Yes &A No (2) Number
(i) Number (3) Length
(ii) Length (4) Width
(iii) Width
(7) Number of slips proposed g. Other (Glue ro„�teu deseriprion)
(8) Proximity of structure to adjacent riparian
property lines _ //X`
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or &N //'
b. Boathouse (including covered lifts)
(1) N A. Commercial N k Private /
(2) Length N /f
(3) Width /✓14 App& nt or Project Name
c. Groin (e.g. wood, sheetpile, etc.) Signature
(1) Number 41-
(2) Length(s) &/f� Date
_ 1-f d 3
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length _&A
(2) Average distance from MHW, NWL or
wetlands /f
(3) Maximum distance be,Yond MHW, NWL or
wetlands /✓ /t
Revised 03/95
RECEWED
APR 1 4 ?nf
COASTAL MANAGEMENT
GLI7..ABETH CITY
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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Willie E. Daniels, Jr. County: Dare
LOCATION OF PROJECT: 372 Harbor Road(SR 1140)in Wanchese on a manmade basin off Mill
Landing Creek
DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 14, 2003
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Frank Jennings DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: -Ilzeeljr
B) DATE APPLICATION RECEIVED IN RALEIG : S-t -,>'3 FEE REC'D:$ `10b' CO
PUBLIC NOTICE REC'D: '/ END OF NOTICE DATE: qatles
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓
APPLICATION ASSIGNED TO: Cor5ul, ON:
C) 75 DAY DEADLINE: 4 bt$ b3 / 150 DAY DEADLINE:
MAIL OUT DATE: 6 O-S STATE DUE DATE: �3
FEDERAL DUE DATE: 4 1 12]03 FED COMMENTS REC'D: 4 114l°3
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES No
Coastal Management-Regional Representative 4 l0 3 v/
Coastal Management- LUP Consistency 4 to 0-1 v
Division of Community Assistance
Land Quality Section
Division of Water Quality
Storm Water Management(DWQ) °l
State Property Office
Division of Archives&History u l s3 3
Division of Environmental Health L4(a l 3 ✓
Division of Highways G 0 3 ✓
Wildlife Resources Commission g13103
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands(DMF)
Permit# 85`o3
DCM Coordinator: KcistLc
MAILING DISTRIBUTION:
Permitee: \►J" 170 ni e�5 I Sf -
Agent: W l lie D&^i e15,
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
Morehead City �Cuf�1C T�nn�
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
a
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 .II II 11 2003
Action ID No. 200310567 and State Permit No. 85-0311.OFOOASTIILT
RAI�t
Willie E. Daniels, Jr.
Post Office Box 32
Wanchese, North Carolina 27981
Dear Mr. Daniels:
Reference your application for a Department of the Army(DA)permit to construct a
commercial mooring and docking facility, on property located off State Road 1140, adjacent
to a manmade basin off Mill Landing Creek, in Wanchese, Dare 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,
Raleigh Bland, P.W.S.
Regulatory Project Manager
E
-2-
Copies Furnished:
Mr. John Dorney
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
roorth
oug Huggett
on of Coastal Management
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
a
-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
t �
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 23, 2003 ' .
Regulatory Division JUN 2 6 Z003
Action ID No. 200310567 QW.0mu E ,
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
ad Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference the application of Willie E. Daniels, Jr., for a Department of the Army permit
to construct a commercial mooring and docking facility, on property located off State Road 1140,
adjacent to a manmade basin off Mill Landing Creek, in Wanchese, Dare 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 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.
-2-
4. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division, telephone (252)975-1616, extension 23.
Sincerely,
ego"
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
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
♦ 1
-3-
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
Instructions to Word Processing: This is a card letter 31.
June 19, 2003
Regulatory Division
Action ID No. 200310567
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 Willie E. Daniels, Jr., for a Department of the Army permit to
construct a commercial mooring and docking facility, on property located off State Road 1140,
adjacent to a manmade basin off Mill Landing Creek, in Wanchese, Dare 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 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.
4. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone (252) 975-1616, extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
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
p�pF W ATFgQG _ Michael F.Easley,Govenor
� William G.Ross,Jr.Secretary
CIOr Department of Environment and Natural Resources
Alan W.Iaimek, P.E.., Director
Division of Water Quality
June, 12, 2003
Mr. Willie Daniels, Jr.
3652 Millandike Rd.
Wanchese,North Carolina 27981
CE
Subject: Willie Daniels Dock
SW7030501 SUN 1 9 2003
Dare County DIV.OFCOASTAL WANACEGIH �V,
Dear Mr. Daniels:
This office received your CAMA Permit application and supporting information on May
1, 2003. Staff review of the plans and specifications has determined that the project, as
proposed, will not consist of any significant amount of new impervious surfaces on site. For this
reason, your project should not pose surface water quality threats from stormwater runoff. The
Director has determined that projects that are reviewed and approved by the Division as not
posing water quality threats from stormwater runoff should not be subject to the stormwater
management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing
you by way of this letter that your project will not require a stormwater management permit at
this time.
Please keep in mind that this determination does not affect your legal requirements to
obtain other permits which may be required by the Division of Water Quality, the Division of
Land Resources, Coastal Area Management Act or any other Federal, State or Local
Government. Any future modifications to the project may require an additional review from this
office to assure that stormwater impacts are not an issue.
If you have any questions or need additional information concerning this matter, please
contact Mr. Robert Tankard at(252) 946-6481, extension 233.
Sincerely,
�—Km Mulligan
Regional Water Quality Supervisor
cc: Dare County Inspections
Doug Huggett I/
Washington Regional Office
Central Files
943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215
An Equal Opportunity AfHnaative Action Employer
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�+ �- DECEIVE®
e•f� `D�f`0��3 J eA UN 13 2003
NCDERR d,
W OF COASTAL MAINIAGEMENT
North Carolina Department of Environment and Natural Resources RALMN
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
MEMORANDUM:
TO: Doug Huggett, DCM Major Permits Processing
FROM: John A. Thayer Jr. AICP NE DCM District Plan er
Through: Ted Sampson, DCM NE District Manager
SUBJECT: Major Permit Request by Willie E. Daniels To Build a 9 Slip Mooring Facility & 2
Shoreline Docks w/in a Manmade Basin Adjacent to Wanchese Harbor, at 372
Harbor Rd. (SR 1140), Wanchese, Roanoke Island, Dare County
DATE: June 9, 2003
Consistency Determination: The project proposal is consistent with the Dare County 1994
Land Use Plan certified by the CRC on July 29, 1994; and as
amended both January 23, 1998; and May 28, 1999.
Overview: The applicant proposes to build a 9 slip mooring facility and two shoreline docks
within a manmade basin adjacent to Wanchese Harbor. Anticipated impacts
associated with the request includes: the shading of about 5,176 sf. of Public
Trust/Estuarine Waters AEC.
Basis for Determinations: The Dare County Land Classification Map identifies the site area as
"Community." Since part of the site also is within an Estuarine Shoreline AEC, part of the site
also qualifies for the "Conservation" classification.
The County has no specific policy on shading. Other applicable or related policy includes the
following statements:
Estuarine Waters: "Estuarine Shoreline development should continue to be managed to
protect and preserve the natural resources of the estuarine waters. In addition, development
located in estuarine waters shall be water-dependent, related to development on the estuarine
shoreline, or an accessory use to a structure located on the estuarine shoreline." (Policy 2.1.2
(b), page 53.)
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post consumer Paper
�y/�,O\
COI
Aj'a � ��`�_ �O
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
MEMORANDUM:
DECEIVED
JUN 0 9 2003
TO: Doug Huggett
OW.OF COASTAL MANAGEMENT
FROM: Frank Jennings RALE1 i
SUBJECT: Willie Daniels Major Permit Application Recommendations
DATE: June 5, 2003
The applicant proposes to construct a mooring and docking facility on his property located at 372
Harbor Road (SR 1140) Wanchese, Dare County. The mooring structure consists of a 14 ft wide
and 200 ft long parallel to the shoreline dock with five 8 ft long finger piers and 15 free standing
mooring pilings. The facility will provide nine dedicated slips which the owner will rent for
income. The two existing slips will be reconfigured and are included in the total number slips
proposed.
The docking structure consists of two docks. One proposed dock is 8 ft wide and 125 ft long,
parallel to the west shoreline. Existing pilings for the applicant's crab shedders will be relocated
toward the south property line next to the boat building business. The dock will be for the
applicant's personal use.
The second proposed dock is 8 ft wide and 225 ft long and is proposed for the eastern shoreline
of the basin. The purpose of this dock is to provide substantial temporary moorings for
construction barges and pushers.
The development proposal appears consistent with 07H .0208(b) specific use standards for(6)
docks and piers. The applicant's property has better than 1500 ft of shoreline which more than
meets the shoreline length requirements in(D).
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
• y
Willie Daniels Recommendations
June 5, 2003
Page Two
It is recommended that the development proposal be approved with the following conditions.
1. The docking facility will display a sign showing the location of the nearest pumpout
facility, including other appropriate waste disposal information, at the entrance and exit
from the main pier(s).
2. No sewage, whether treated or untreated, shall be discharged at any time from boats using
the docking facility. Any sewage discharge at the docking facility shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
3. 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.
4. 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.
5. The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
6. 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.
DEPARTMENT OF THE ARMY .•
WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
May 13, 2003
Regulatory Division RECEIVED
Action ID No. 200310567 MAY 1 4 2003
DiV.OF COASTAL MANAGEMENT
RALEIGH
Willie E. Daniels, Jr.
Post Office Box 32
Wanchese, North Carolina 27981
Dear Mr. Daniels:
On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from
the State of North Carolina.
A review of your application received May 5, 2003, for Department of the Army (DA)
authorization to construct a commercial mooring and docking facility, on property located
off State Road 1140, adjacent to a manmade basin off Mill Landing Creek, in Wanchese,
Dare 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, has been assigned
Action ID No. 200310567 and will be coordinated by Mr. Raleigh Bland in our Washington
Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23.
Sincerely,
Raleigh 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
DEPARTMENT OF THE ARMY DECEIVED
/ WILMINGTON DISTRICT, CORPS OF ENGINEERS Ivih11 M 2 ZOOS
nv
P.O.Box 1890
Wilmington,North Carolina 28402-1890 y�yy{ //����COASTAL
� /� C,,C�
IN REPLY REFER TO U1V Vr VO RATl.i=1QH GGtHG1„
Regulatory Division
Action ID: (� 1 ? `'-� 7 Applicant:
Waterway: VIA, County:Work Type: �G
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 ji?.. ,� I Regional Office
Division of C' oastak Management
Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health
Wetlands Section—Region IV and-Natural Res r_`c
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action 1D No. 198000291, the CAT-VIA-Corps General Permit/processing
agreement, a State Field Investigation Report is enclosed.,Your
o , comments and/or
recommendations would be appreciated on or before � L �` y' � 'Lot,
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
r�
FqCDENR
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 29, 2003
RECEIVED
MEMORANDUM: MAY 0 7 2003
TO: Mr. William A. McNeil, Director CKOFCOASTALMANAGSIENT
Division of Community Assistance RAL116H
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Willie E. Daniels, Jr.
Project Location: 372 Harbor Road (SR 1140) in Wanchese on a manmade basin off Mill
Landing Creek
Proposed Project: To build a 9 slip mooring facility and two shoreline docks within a
manmade basin adjacent to Wanchese Harbor.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 19, 2003. If you have any questions regarding the proposed project, please contact
Frank Jennings at(252)264-3901. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
c
SIGNEDP DATE �—
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: htfp://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
May 6, 2003
MEMORANDUM RECEIVED
MAY 13 2003
TO: David McHenry
Wildlife Resources Commission lDIV.OFVpASTALMANAGEMENT
ATTN: Habitat Conservation Program 9ALt?1ai
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: WILLIE E. DANIELS, JR.
PROJECT LOCATION: 372 HARBOR ROAD (SR 1140) IN WANCHESE ON A MANMADE
BASIN OFF MILL LANDING CREEK.
PROPOSED PROJECT:BUILD A 9 SLIP MOORING FACILITY AND TWO SHORELINE
DOCKS WITHIN A MANMADE BASIN ADJACENT TO
WANCHESE HARBOR.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 27, 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.
1/ This agenc has no comment on the proposed project.
s agency a proves of the project, only if the recommended changes are incorporated.
This agency ob'ec to the roject for reasons described in the attached comments.
SI ED DATE 7—03
od
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http:lldcm2.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 29, 2003
DECEIVED
MEMORANDUM:
MAY 2 3 2003
TO: Mr. Jim Simons, Director DIV.OF COASTAL MANAGEMENT
Division of Land Resources RALEIGH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Willie E. Daniels, Jr.
Project Location: 372 Harbor Road (SR 1140) in Wanchese on a manmade basin off Mill
Landing Creek
Proposed Project: To build a 9 slip mooring facility and two shoreline docks within a
manmade basin adjacent to Wanchese Harbor.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 19, 2003. If you have any questions regarding the proposed project, please contact
Frank Jennings at(252)264-3901. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
NCDENR North Carolina Department of Environment and Natural Resources MAY 6
Division of Coastal Management '=r 11'13e
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary rly
May 6,2003
MEMORANDUM � - C��
''r baa
TO: Mr. Joseph H. Henderson, Director MAY 2 7 Z003
State Property Office MANAGEMENT
Department of Administration DW.O C;O;
WfQH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: WILLIE E. DANIELS, JR.
PROJECT LOCATION: 372 HARBOR ROAD (SR 1140) IN WANCHESE ON A
MANMADE BASIN OFF MILL LANDING CREEK.
PROPOSED PROJECT: BUILD A 9 SLIP MOORING FACILITY AND TWO SHORELINE
DOCKS WITHIN A MANMADE BASIN ADJACENT TO
WANCHESE HARBOR.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 27, 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 � zo_z� PATE LZ 63
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
c � ►� w
�112I MAY 7 2003
�, , , NCDENR
090f0 e1�H North Carolina Department of Environment and Natural ResourcOSroac •,,�,kFtVAfION0
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
May 6,2003 f(03 - 1323
MEMORANDUM
TO: Ms. Renee Gledhill-Early, Director
Division of Cultural Resources
Archives & History Building
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: WILLIE E. DANIELS, JR.
PROJECT LOCATION: 372 HARBOR ROAD (SR 1140) IN WANCHESE ON A
MANMADE BASIN OFF MILL LANDING CREEK.
PROPOSED PROJECT: BUILD A 9 SLIP MOORING FACILITY AND TWO SHORELINE
DOCKS WITHIN A MANMADE BASIN ADJACENT TO
WANCHESE HARBOR.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 27, 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.
T gency ob'ects to the pr jec fo reasons described in the attached comments.
SIGNED DATE 3
0, 1 1
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr,state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MAY ?n+►�
Q•;� ���1�3 C.S
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management � (� �crzryw
Michael F.Easley,Governor Donna D. Moffitt, Director WII o
May 6,2003 MAY 14 2003
MEMORANDUM TO: Mr. Roberto Canales DISTRICT 1 OFFICE
State Construction/Materials Branch
Division of Highways RECEIVED
FROM: Doug Huggett
Major Permits Processing Coordinator JUN 0 4 2003
SUBJECT: CAMA PERMIT APPLICATION REVIEW CW.()FC0A6TALMANAG T
RALEW
APPLICANT: WILLIE E. DANIELS, JR.
PROJECT LOCATION: 372 HARBOR ROAD (SR 1140) IN WANCHESE ON A
MANMADE BASIN OFF MILL LANDING CREEK.
PROPOSED PROJECT: BUILD A 9 SLIP MOORING FACILITY AND TWO SHORELINE
DOCKS WITHIN A MANMADE BASIN ADJACENT TO
WANCHESE HARBOR.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 27, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REP 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 ��� � DATE
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
r Z
A7iA--
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 29, 2003 ,
MEMORANDUM: [ Q rp
TO: Mr. Preston P. Pate, Jr., Director L F2MA _ 12003 x(;
Division of Marine Fisheries
G
FROM: Doug Huggett "�i -HASITAT
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Willie E. Daniels, Jr.
Project Location: 372 Harbor Road (SR 1140) in Wanchese on a manmade basin off Mill
Landing Creek ' 04 r e Cau life).
Proposed Project: To build a 9 slip mooring facility and two shoreline docks within a
manmade basin adjacent to Wanchese Harbor.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 19, 2003. If you have any questions regarding the proposed project, please contact
Frank Jennings at(252) 264-3901. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIG D � DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
64
MAY 7 ���
NCDENR
North Carolina Department of Environment and Natural Resources',�q� A
WACES
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
May 6,2003
MEMORANDUM
TO: Mr. John Sutherland, Chief JUL 0 20��
Water Planning Section
Division of Water Resources � �GI��
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: WILLIE E. DANIELS, JR. �5-b3
PROJECT LOCATION: 372 HARBOR ROAD (SR 1140) IN WANCHESE ON A
MANMADE BASIN OFF MILL LANDING CREEK.
PROPOSED PROJECT: BUILD A 9 SLIP MOORING FACILITY AND TWO SHORELINE
DOCKS WITHIN A MANMADE BASIN ADJACENT TO
WANCHESE HARBOR.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 27, 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 6;,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 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
A _ ii 11 `1 fl'2003
NCDENR
North Carolina Department of Environment and Natural ResourcesupFTp1. AN111�iEM6N
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
May 6,2003 Q Q
MAY 12 2003
MEMORANDUM
TO: Linda Sewall, Director SHELLFISH SANITATION
Division of Environmental Health
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: WILLIE E. DANIELS, JR.# 86-C)3
PROJECT LOCATION: 372 HARBOR ROAD (SR 1140) IN WANCHESE ON A
MANMADE BASIN OFF MILL LANDING CREEK.
PROPOSED PROJECT: BUILD A 9 SLIP MOORING FACILITY AND TWO SHORELINE
DOCKS WITHIN A MANMADE BASIN ADJACENT TO
WANCHESE HARBOR.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 27, 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.
REPLYXhis
agency has no objection to the project as proposed. S 23•a.3
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 &o I O
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
Co
DCM% DWQ%
Development Type FEE (14300 1601-435100093 1625 6253) (24300 1602 435100095 2341
1. Private,non-commercial 0 io(SO)
development that does not involve S250 100%(S250)
the filling or excavation of any
wetlands or open water areas:
it. Public or commercial development 0%(SO)
that does not involve the filling or C 1 GO%(5400)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A.B,C,or D
below applies:
ill(A). For Private,non-commercial
development,If General water Quality S250 100%($250) 0%(SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development if General water Quality $400 100%(5400) 0%(SO)
Certification No.3301(see attached)
can be applied:
Ill(C). If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff 60%(S240) 40%(S160)
determined that additional review and S400
written DWQ concurrence is needed
because of concems related to water
quality or aquatic life:
III(D). If General Water Quality 5400 60%(S240) 40%(S16C)
Certification No.3301 (see attached)
can not be applied:
IV. For development that involves 4C% S19G
the filling and/or excavation of more 5475 60°b(5265) ( )
than one acre of wetlands and/or
open water areas:
RECEIVED
January 28,2003 r~ti1 P R 7, 4 2 0(1.?
COASTAL MANAGEMENT
ELIZABETH CITY
Wanchese Seafood Industrial Park
P.O. Box 549
Wanchese.N.C. 27981
Re: Major Coastal Area Management Act(CAMA) Permit Application
Hatteras, Dare County,North Carolina
Dear Sirs:
The purpose of this correspondence is for me,Willie Daniels Jr. to inform you as
an adjacent riparian property owner, of my plans to construct 525 feet of docks with 9 boatslips
for 25 to 30 ft. boats,on my property.The enclosed plan view plat accurately depicts the
proposed development.
If you have no objections to this proposal please check the statement below, sign and
date the blanks and return the letter to: Willie Daniels Jr., 3652 Mill Landing Rd., Wanchese
N.C. 27981
If you have objections you may contact me at 252-473-5729. You may also provide
written comments to Mr. Frank Jennings at the NC Division of Coastal Management, US 17
South, Elizabeth City,N.C.27909.
Written comments must be received within 30 days of receipt of this correspondence.
Failure to respond in either method within 30 days will be interpreted as no objection.
Sincerel
Willie Daniels Jr.
V I have no objections to the project as currently proposed.
-31-o3
Date
Signature
e
.�
yA
NODE R
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 29, 2003
Coastland Times
Legal Advertisement Section
P.O. Box 428
Manteo NC 27954
Re: Public Notice - Willie E. Daniels, Jr.
Dear Sir:
Please publish the attached Notice in the May 1, 2003, issue of the Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to Jay Poole, Division of Coastal Management, 1638
Mail Service Center, Raleigh, North Carolina 27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office.
Sincerely,
T. J. Sampson
District Manager
TJS/dc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us
An Fni in nnnnrhiniN 1 Af6rrnj ivg Agtign Empipver—50%Recycled\10%Post consumer Paper
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by 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 14, 2003.
According to said application, Willie E. Daniels, Jr., proposes to build a 9 slip mooring
facility and two shoreline docks within a manmade basin adjacent to Wanchese Harbor. The
property is located at 372 Harbor Road (SR 1140) in Wanchese on a manmade basin off of Mill
Landing Creek.
A copy of the entire application may be examined or copied at the office of Frank Jennings,
Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, N.C., (252/264-
3901) during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638
Mail Service Center, Raleigh, N. C., 27699-1638, prior to May 21, 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.
I ECEIVED
PUBLISHED ON: May 1, 2003 MAY 0 2 2003
DKOFCO ST��GEMENT
NC®ENR
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 29, 2003
Mr. Willie E. Daniels, Jr.
P.O. Box 32
Wanchese, North Carolina 27981
Dear Mr. Daniels:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of property located 372 Harbor Road(SR 1140)in Wanchese on a manmade basin
off of Mill Landing Creek. It was received on April 14, 2003, and appears to be adequate for processing at
this time. The projected deadline for making a decision is June 28, 2003. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you have not been notified
of a final action by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card to
a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could result
in an incomplete application.
An onsite inspection will be made, and if additional information is required,you will be contacted by
the appropriate State or Federal agency. Please contact me if you have any questions and notify me in
writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Frank Jennings
Coastal Management Representative
FAJ/kh
Enclosure
cc: Doug Huggett - Permit Coordinator, DCM
Ted Sampson - District Manager, DCM
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110% Post Consumer Paper
7
AMA PE MIT
A PLI FOR
PROJECT: �0 0. S��o nrtiooc:nn �a►c����t Qn[� `�
W
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.
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COMMENTS ACCEPTED THROUGH �
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
c�cic�e�e C1L "ct?j �!AJ-1 UPS V 1 i�h
1 •
1
FILED
pg.
Boca 320 fn� 915 '62 JAI �► Ali 2 4
ALMA C.WISE
NORTH CAROLINA REGISTE.:, OF DEEDS r
DhRt: ili 7 T Y.N.C.
DARE COUNTY
THIS DEED, made this 20th of December, 1981 , by Willie E.
Daniels, as -Grantor, to Willie E. Daniels Jr. of Wanchese, N.C.
as Grantee.
That the Grantor, for and in consideration of the sum of Ten
Dollars and other good valuable considerations to him paid by the
Grantee the receipt of which is herevy acknowledged, has bargained
)and sold, and by these presents do grant, bargain, sell and convey
� . � •. unto the Grantee, all the parcel of lands in Hags Head Township,
1i
7 Wanchese, Dare County, North Carolina, described as follows: ,,
All that certain tract of land lying and being in the Village
of Wanchese adjoining the land of Willie Daniels, Broad Creek,
Ivey Daniels, Carmichael Daniels, and bounded as follows:
Beginning at the Northwest corner of the tract of high land
conveyed to Willie Daniels by Bartley Garrison et ux by deed
recorded in the Register of Deeds' Office of Dare County, Ndorth
Carolina, said beginning point also being-in the Wallace Daniels
land; and running thence from said beginning point North 37.5
deg. East along the Wallace Daniels tract of -land to as.stake or
other marker at Broad Greek; thence along the various courses
of Broad Creek to the Samuel D. Hayman tract of-land; -thence
South 52.5 deg. West along the Samuel D. Hayman -tract of land to
a stake or other marker situated in the Ivey Daniels tract of
land; thence along the Ivey Daniels tact of land, the Willie
Daniels tract, tract, and the Willie L_•iiels
tract referred to in the first call above to the point or place
of beginning.
It being a portion of the land conveyed to Sarah Garrison by
deed of Sarah A. Daniels dated November 15, 1864, and recorded
in Book A at Page 471 , Office of the-Register of Deeds of Dare
County, North Carolina.
For further reference see deed of Armecia J. Pigott et vir to
Bartley F. Garrison dated November 22, 1921 , and recorded in
Book 31 at Page 255, Office of the Register of Deeds of Dare
County, North Carolina.
Also, beginning at a 6ertain stake and running thirty five
yards west north west 300 degrees north along back of Malcolm
Daniels land to Jeff Haymans Jr. land, Thence, sixty five feet,
running a north east course 45 degrees along Jeff Hayman Jr.
land to a certain stake. Thence, one hundred thirty yards,
west north west, 288 degrees north along back of Jeff Hayman Jr.
land, thence running two hundred fifty two yards north thirty
seven and one half degrees. east along the Wallace Daniels land
to a certain stake, thence,. running south eighteen degrees east
one hundred thirty yards to Micky Daniels' land, thence, running ,
along Micky Daniels' land to starting point. Containing 5 acres
more or less.
'.TIRIECEIVED
APR 14 2003
COASTAL MANAGEMENT
ramI -- nI w
1
r,...r� . FILED
pg.1
BOCK 320 PAce 915 '6z J��l tE Pli 2 14
ALMA CjJISE
NORTH CARUI,INA REGISTF•:' O DEEDS r
Dt, TY.U.C.
DARE COUNTY
THIS DEED, made this 20th of December, 1981 , by Millie E.
Daniels, as Grantor, to Willie E. Daniels Jr. of Wanchese, N.C.
as Grantee.
That the Grantor, for and in consideration of the sum of Ten
Dollars and other good valuable considerations to him paid by the
Grantee the receipt of which is herevy acknowledged, has bargained
)and sold, and by these presents do grant, bargain, sell and convey
it unto the Grantee, all the parcel of lands in hags Head Township,
s Wanchese, Dare County, Forth Carolina, described as follows: . ,
All that certain tract of land lying and being in the Village
of Wanchese adjoining the land of Willie Daniels, Broad Creek,
Ivey Daniels, Carmichael Daniels, and bounded as follows:
Beginning at the Northwest corner of the tract of high land
conveyed to Millie Daniels by Bartley Garrison et ux by deed
recorded in the Register of Deeds' Office of Dare County, North
Carolina, said beginning point also being in the Wallace Daniels
land; and runring thence from said beginning point North 37.5
deg. East along the Wallace Daniels tract of -land to a.stake or
other-marker at Broad Greek; thence along the various courses
of Broad Creek to the Samuel D. Hayman tract of"land; -thence
South 52.5 deg. West'along the Samuel D. Hayman -tract of land to
a stake or other marker situated in the Ivey Daniels tract of
land; thence along the Ivey Daniels tact of land, the Willie
Daniels tract, Carl ii:izaei=•LY^1C_� tract, and the Willie D�ziels
tract referred to in the first call above to the point or place
of beginning.
It being a portion of the land conveyed to Sarah Garrison by
deed of Sarah A. Daniels dated November 15, 1864, and recorded
in Book A at Page 471 , Office of the- Register of Deeds of Dare
County, North Carolina.
For further reference see deed of Armecia J. Pigott et vir to
Bartley F. Garrison dated November 22, 1921 , and recorded in
Book 31 At Page 255, Office of the Register of Deeds of Dare
County, North Carolina.
Also, beginning at a certain stake and running thirty five
yards west north west 300 degrees north along back of Malcolm
Daniels land to Jeff Haymans Jr, land, Thence, sixty five feet,
running a north east course 45 degrees along Jeff Hayman Jr.
land to a certain stake. Thence, one hundred thirty yards,
west north west, 288 degrees north along back of Jeff Hayman Jr.
land, thence running two hundred fifty two yards north thirty
seven and one half degrees. ?ast along the Wallace Daniels land
to a certain stake, thence, running south eighteen degrees east
one hundred thirty yards to Micky Daniels' land, thence, running ,
along dicky Daniels' land to starting point. Containing 5 acres
more or less.
RECEIVED
1� � 2o00
ry� .7 h�. APR
COASTAL MANAGEMENT
ELIZABEiH CITY