Loading...
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 ROANOKE 1 `' \ N SOUND SHALLOWBAG BAY DARE COI RDERTDHAI• --'�L ATLANTIC MANNS 5•Isr OCEAN HARBOR t , ti CROATAN ROAN OK 'ur } SOUND .; ISLANDr- k w� Wanchese z ^{n C.Gi rAr r 'iA nERAS --�; DARE COUNTY =.``' HA11MAL ?e.i7,ME NORTH CAROLINA t?� �:► SITE VICINITY MAP r NOT TO sc,u.r r Cr�i�✓-� /Vl r� jO PE /O tT /� /��1C�4T/of'V s-= () Vl l�lC D AIV I is , s. Abe 8 D � 6 ^ f �1 ur� p —� o a 7r' �0 U� RECEIVE®APR 4 des ("OASTAL MWRAGEMENT ELl*�A CITY s f Gollsi�II L$r i c1'TY -- �� oF-R " -- 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 li4 C. �+ �- 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 /t � . l _ @cq\. 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