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HomeMy WebLinkAbout114-73 Wolfenbarger, K.A. •O+t1��,.'�1••�'1x�v�+N•'O�:w�l,�'t\,.t�'Cv�•O+•'O.�O••d�O.OwOr0+,0+V•'O••O•�ONOn\1••�O+•-p••typ.O•.tom:n1�\��i.Y-�.p,•t��>„t'� !'ernia l is a Permit Nuntber 7th Renewal STATE NORTH_ 114-7 Mod if ication Deparin-writ of natural Resources and Community Development' and Pagf-, J c:t a Coastal Resources Commission BE C E I 1V z yt . V P r m It for Major Development in an Area of Environmental a 4 Concern pursuant to NCGS 113A-1 18 aExcavation and/or Idling pursuant to NCGS 113-229 Issued to K. A. Wolfenbarger. , Minnesott Beach Yacht Basin. P. 0. Box 128, Arapahoe, NC 28510 authorizing development in Pamlico County at Neuse River (Minnesott Beacl; Yacht Basin) as requested in the permittee's application dated 12/20/82 includin,,, _ attached plats, 2, (for new work) dated 1/2/83 and sheet 1 of 2 dated 2/16/78 fcr offshore. channei maintenance This permit,issued on 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 subje,:t permittee to a fine,imprisonment or civil action;or may cause the permit to be null and void. For Maintenance Work With Hvdraulic Dredge (1) All excavated materials must be confined on high ground behind adecuate dikes car other retaining structures to prevent spill-over of solids into any marsh or Q surrounding waters. I �/ f Q (2) The disposal area effluent must be contained bv_ pipe, trough, or similar device to a point at or below the mean low water mark to prevent gull: er^Sion nnc resultant unnecessary siltation. l i (3)• The terminal end of the pipeline must be positioned at or ;greater than 5:;' i roc: any part of the dike and a maximum distance from spill-ways to al.lov ad,�f:;uat'. l settlement of suspended solids. . (4) A water control structure must be installed at the intake end of tlit, of f Ltivnt i !' pipe so as to assure compliance with condition no. J. j (See attached sheet for Additional Conditions) 4 This.pemtit action may be appealed by the permittee Signed by the authorirx of the Se,:retar\ of DNR('D or other qualified persons within ,we: t) (20) days of the the Chairman of the C.'astal Pe;JUra issuing date. An appeal requires resolution prior to work initiation or continuance,as the case may be. This permit must be ec.:essible inn-site to Department personnel when the project is inspected for compliance. �. Any maintenance work or project nioditication Kennett I). St.wart, unr,:, r not covered hereunder requires further Departments! Office o!Coastal !ilanaecrtent Q approval. All work must cease when the permit expires on This permit and its conditions are hereb% accepted. March 15, 1984 (f•-)r new work) u %• -_ ur ertanc( In issuing this pecnit, t to State o; North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signat-me of Perr;, 0 •nrnrn,r��+t\•n�vn.�.\\a•'S\.K\.hr..+.\+.t�..•(\.\\.n•K�•l\.rn•enra\.�\..\•^n•�.n..glvl�•'n+'(�vn.t�.•'e�x�.n`�\.nrT-.<1+�\vl\..'l\.l•'`.\. PA-3-84/85 517^ ° MARINEEFISHEPAES North Carolina Department of Natural = Resources &Community Development RobertK.Maector ood James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 726-7021 PROCLAMATION RE: SHELLFISH POLLUTED AREA By virtue of the authority vested iH, me as Secretary of the North Carolina Departmear of Natural Resources land Community Development, and upon the recomme dation of Robert K. Mahood, Director, Division of Marine Fisheries, n Dr. Ronald H. Levine, Director, Division of Health Services, Nor t a olina Department of Human Resources, it is hereby announced that t e ollowing changes in shellfish harvesting areas will take effec mme iatel . No person shall t ke or attempt to take,` any oysters or clams or possess, sell, or offe : for s le any oysters or clams taken from the following polluted are PENDER COUNTY Virginia Creek - A waters upstream•of line beginning at a point on the northe st shor at 34° 25' 7", N1� 770 36' 00" W; thence across the C eek to t e southwest +shorejat 340 25' 09" N - 77° 36' 15" W, includ all of Mullet Run, Creek. t NOTES: [1] This prociam tion is %,ssued. under^the authority of G. S. 113-182 anW C. Marine Fisheries Regulation 15 NCAC 3B .0901 (b) d 15 NCAC 3B .1101. [2] This action re aces N. C. Marine Fisheries Regulation 15 NCAC 3B 11 (26) and closes approximately 200 additional a r of shellfishing waters. [3] Shaded area p indicates area closed to shellfishing. BY AUTHORITY OF THE SECRETA Y THE DEPARTMENT OF NATURAL. RESOURCES AND COMMUNITY DEVELOPMENT. n �BY: Ro ert K. Mahood, Director Division of Marine Fisheries April 30, 1984 2:15 P.M. PA-3-84/85 /sh Box 769,Morehead City,North Carolina,28557-0769 An Equal Opportunity Affirmative Action Employer K. A. '.:. eni�ar,,�r Permit No. 114- 73 Page 2 of 2 ADDITIONAL CONDITIONS (5) In order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. (6) The diked disposal area must be constructed a sufficient distance from the mean high water line or any marshland to eliminate the possibility of dike erosion into or upon the adjacent waters and/ or marshland. For Work With Dragline (7) All excavated materials must be confined above mean high water and landward of regularly or irregularly flooded marshlands. (8) No septic tank systems may be placed in filled areas. NOTE: Approval for all septic tank systems must come from the local health department. (9) A ground cover sufficient to restrain erosion must be planted or otherwise provided within thirty (30) working days oh spoil, fill and other disturbed areas upon which further construction is not undertaken. Further, any cut or fill slopes must be stabilized within 30 working days after final placement. NOTE: This project will require an erosion and sedimentation control plan since more than one acre of land is to be disturbed. The plan must be submitted to the Department of Natural Resources and Community Development, Land Qualitv Section, 1502 North Market Street, Washington, NC 27889. It must be filed at least thirty (30) days prior to beginning, any land-disturbing activity. OFFICE OF COASTAL MANAGEMENT North Carolina Department of Natural Kenneth D. Stewart Resources &Community Development Director James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733 2293 January 28, 1983 C, IV III) MEMORANDUM TO: Review Agencies FROM: John ParkeR: SUBJECT: Re r Permit Renewal and Modification o. 114-73 This office has received a request to consider a renewal and m of Permit No. 114-73 that covers ongoing construction of thcC innesOtt (_ Beach Yacht Basin. Permits for new construction, with the e of jetty work (see 19-82) , expired in July of 1981. A maintenance permit is still active. The present modification is described in the attached updated plat and application. Basically, the inland basin is being expanded an additional 80' in width along 725' of length along the left hand turn in the upstream end. Any comment that you wish to submit to this request should be forwarded by February 15 in order that action can be taken. 1 R O. Box 27687 Hal6gh,N. C, 27611 7687 An Equal Oppurtunity Al/irmotive Action tmployer Field Services, OCM ' Morehead City, NC 28557 January 11, 1983 MEMORANDUM TO - John Parker From Charles Jones • Subject Req. for Permit modification - Dr. & Mrs. A. Wolfenbarger Minnesott Beach Permit No. 114-73 Attached is a request for permit modification submitted by the Minnesott Beach Yacht Do.sin for a 725' long by 80' wide to -8' MLW deep expansion of the boat basin area into highground property. The portion of this excavation was au- thorized under their previous permit, and I would consider this to be a minor modification with the new dimensions less than 20% of what was originally authorized. I have no objections, therefore, to the issuance of this permit with the ori- ginal conditions and with the requirements that. . . . . 1. All excavated areas will consist of high ground and shall not include any vegetated wetlands such a ' 2. That all excavated materials shall be placed on high ground and not within vegetated wetland areas -such as wooded swamps and marsh. Note: This modification should be circulated to the Div. of Env. Mgt. for their input and comments. Charles Jones } i ,AN O n 19II3 ' I po box 7 ya e�a n basin arapaboe, ��C 28510 919.249 .1424 • �— L` r -'-..�.t1 -'.\.:� II'i'rtS'.•_�re.�xas�.�:ssr ' 4 December 30, 1982 RECEIVED)- t 1 TO s, Kenneth Jolly ,, �{',� G 1933 4ilmington District ' 1,4 / United States Cox)s of Engineers < fUv' KRO!ls Judy :•lolfenbarger Please find enclosed the additional items required for permit application for expansion of the Yacht Basin. (1) Cross section drawing (2) Notice certifications to riparian land owners Go ahead and amend the original appl ''14ons to show the country club and Indian Trace as riparian land owners a" '�il Je+ions It will save us some .nailing back and forth ogr.errrE�DVr.a; ;74� 021pT r0� C%r�Tli fEJ fv ;IL Thank ou. y �D 1YT rF r� ! �, rTp IS�e R��N,^•„?( ,��( •-D� NO INSURANCE CO4EBAC,E PROVIDED-- ?) NOT FOR INTERNATIONAL iAAIL { / •r• (See Reversel e' rv..( SENT TO- ' , �'•� - STR� r.v NO ZIP CODE PCB STATE qq� O J + w CCR rIFhDF r. _ O�/U i i�- — tiAt j'E,TTTIr rEf.IVFRv /s c CEPTIFIEDFEE. •"'. w w s;; .TEDbFCIVFRy �i '.;PECIALDELIVLRY .. RLsmiCrED ULLIVLRY w 7o �. 46 • •�,'v / �- T TOTAL POST< {�•�r• . ' I { I r� nl no, POSTMAIiR ntt .1ti r t. _ v :� Aepl, of MACNE F-Lsgm 5 �E'Tlr:ET� �pl; , �S�ots�S oC �►.jGtNEERS . 2 �} Yrf� t �X151 ��6 5 SIv , Ae t f 1 f1VPd�b �i"�NNc" FdC) YA CHT `XPAklk� ' p L � \,.A V \ � 1 '• i J ' �� _�``'`, a � ..., .y �• �, !�J - -'fir l; //■■ �. PE- Iq !-.1'' m � •`^"..NI�IR .y- _ � �� `� ` ,.�� �fl. n1' 1•.! :1�t. ���� ,'��/��\,�\,.']��•, • v{�� p el r� .. 1 IN v U� 7'r� p�d Poi 01. ITC , + too 20a 1` � {• Y_ �� !• lip . .., \ �.•� ter[ mot.--e•� 7y fv l�� op.r, w,,, GP,7nw i An PR� AIAW LAO �. ag �- oo 'rr `��►�IK++► noltv7�Tt yvwn-A iTrxn- air •3 A/ 4 ll • mann a- sott ech po box fzg Y +,� yachtbasin arapahoe, nC 28510 i 919.249.1424 g'L dAL Z� g-ov� - Ctco,� r� ,, , � � 10 UEG A/*LICATUk I FOR PERMIT TO EXCAVATE AND/OR FILL WATER O �UALI CERTIFICATION _------'l EASEMENT IN LANDS COVERED BY WATER �A PERMIT FOR Mj�O �_ _ _——� Department of the Army Dperonent of AdmInlsoatlon State of North Carolina Corps of Engineert,W ilminetow DsgeAt (GS 146-12) Department of Natural iteaounces and Community Dawlapnent i33 CFR 2C9.32G.:31 (GS 113-229,143.215.3(a)(1),145-215.3(c),113A•i18 / fe type or print and fill in all blanks. If infotnution is not applicable,so indicate by placMs:NIA in Wank. 1. Applicant Information D>!/ t r� k� T9 A. Name Last st First Middle l J L) B. Address L:1 1 n 1 sT% �Tr'�1l� 7 �17 � � 11��- — _ Street, P O. Box or Route Zip Code Phone 7 J Ctv or Town State 11. Location of Proposed Proj 6, D A. County 6, /�I��/ffo�r' (r '��— �1`� B. mark 1. City,town,community or land / 2. Is proposed work within utv limas? Yes No C. Creek,river, sound or bav upon which project Is located or nearest named body of water to project Ill. Description of Project f��✓t/Q4/tS f fit/ �� New work A. 1. Maintenance of existing project 2. � ✓e S ��U B. purpose of excavation or fill depth 1. Access channel length—Width 2 y.�j��de th✓ Goat basinLytnt� r� engthae_l width,c— P O/ lengtb width depin 3. Fill area 4. Other length width depth — - C. 1. Bulkhead length Average distance waterward of MHW (shoreltnci 2, Type of bulkhead construction (material) 0. Excavated material (total— roiect) �Y 1. Cubic yards.1 7 - 2. Type of material E. Fill material to be ol.ced el MHW (see also Vt A) 1. Cubic yards 2. Type of material IV. Land Type,Disposal Area and Construction Equipment marshland, swam s or ether wetland Yes No P � A. Dons the area to be uca ated incl.,de any No B, Does the drspOsal area include &nv marsnland,swamps or other wetland' Yes C. Disposal Area G S 6 1. Location 2. Do yuu claim title to disposal area' tti D. Fiji matcnal s.,tuce If IIII It to be Irucscd in ' E. How will excavalcd material be entrapped and erosm conlroHed �12�GL11y l9L.I �cJL�. h1 F. Type of equipment to he used k G. Will mushland he crossed,n tr:ns0orung equipment to project size, It yes,expia,n — — Oi►�1 Rev.10178 V. banded Uw of he*1 Ara(Dead) A. /. Private n{ /�If� /n/ Housing Development or InduWW 4. 00W 1. Lot size(s) 2. Elevation of lots)above mean high water --- 3, Soli type and texture r N4. Type of building facilities of structures — S. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe_ 6. LandClasuflcation (circle one) D VELOPED HETRANSirl0N•>i- COMMUNITY RURAL CONSERVATI (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality. A. Does the proposed project ;ovolve the placement of rill materia►$below inean'sigh water? ti'rs__.�No B. 1. Will any runoff or discharge enter adjacent waters as a re It of protect activity or planned use of the area following protect completion' Yes_No 2. Type of discharge---'41 3, Location of discharge VII. Present rate of shoreline erosion(if known) � .MEP, It Vlll. Lift permit numbers and issue dates of previous Department of Army Corps of Engineers or State permi4 for i work in project area, if applicable IX Length of time required to complete project: / LEA P_ - --- )L In addition to the completed application form,the following items must be provided: A. Attach a copy of the deed (with State application only)or other instrument under which applicant claims title to the affected property.OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8'h X 1 1"white paper(see instruction booklet for details). Note: Original drawings preferred-only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by tedtstered or �` certified mail or by publication(G.S. 113-229 (d))Enter date served 0. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. P2C -r�cT 1-5Co"vc P2 ,t L /rU /f '[J (l/ z�u c V� Cuff XI. Certification requirement. I certify that to the best of my knowledge,the proposed activity conipries with the State of North Carolinas approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devei- opment activities, including construction,excavation,filling,and land clearing. DATE Ap licant's Signatu D&FA2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rrir.ltlf72 / r �,' 4 �► 41 EQJIB x ' P' IiL 1 5� OFFICE OF �,.. COASTAL MANAGEMENT North Carol"Ina Department of Natural Kenneth D. Stewart Resources &Community Development Director James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733 2293 Field Services Section PO Box 769 Morehead City, NC 28557 919 726-7021 January 5, 1983 `I Mrs. Judy Be Minnesott Be Yac`h fain PO Box 7 Arapahoe, N. C. 28510 Dear Mrs. Wolfenbarger: This letter is in response to your inquiry concerning the adequacy of your existing spoil disposal area and its ability to handle future spoil ma- terials from the maintenance excavation of portions of your previously permitted boat basin and access channel (State Permit No. 114-73) . It appeared to me from my last inspection of your disposal area that it was almost completely full and would not be ade!q_uate to accept additional amounts of spoil material. In order to accommodate additional excavated materials, you would need to either provide another suitable diked disposal site in the project area, or you could remove and "truck off" some of the old spoil material within the interior of your existing diked disposal area ring your last maintenance work. If - similar to what you previously did du you should choose to remove some of the sand spoils from the interior of your spoil area, be sure to remove enough in order to adequately handle the vol- ume of new material to be placed within. Additionally, all work should comply with the conditions contained in your previously issued State permit. If you have any questions concerning this matter, please contact me at my Morehead City office. Cordially y urs, Charles J s Field Consultant CJ/rt CC: Ken Jolly, Corps of Eng. P.0. Box 27687 Raleiqh,N. C.27611-7687 An EquafOpportunity Affirmative Action tmployer OFFICE OF COI�jj, M N'LEMENT __;�✓ North Carolina Department of Natural // KenneTh D. Stew)rt ou 7 Resrces &Community Development -mot°� ,; B, T R�Icipjti�l C72761 1 James B. Hunt,Jr., Governor Howard N. Lee,Secre e�fi ii'YTW33.22915 3 ^) _ November 21, 198 Mrs. Judy Wolfenbarger Minnesott Be�[� ac t Basin P. 0. Box 7 Arapahoe, NC 28510 Dear Mrs. Wolfenbarger: T s is t respo d to your inquiry of November 17 and to formally amen permit 114-73 t cover minor modifications of the Phase II work. u are correct n your assumption that the permit covers all ap- proved ne it July 31, 1981. Maintenance of existing work is authorized through July 31, 1985. Further, this letter with the attached plat dated 10/15/80 will serve to amend your permit in order to cover the changes in the Phase II basin. This letter and attachment should, therefore, be retained with your permit records. Should0there be any question on this matter, do not hesitate to con- tact this office. Very sincerely, 4ohR. Parker, . Permits* Coordinator JRPjr:jm Enclosure cc: �OCM, Morehead City U. S. Army Corps of Engineers Wilmington An EqualOppurtunity Affirmative Action Employer 46 .ti 5 r � 1 [.�1(N-(�•' a���7Y.w.iwy�r"jng.?t•` � � � .. - 1. r. - ... • .. .• - .. � :I. v• �I 1 v l ® R �ocgTE D E-<AVAT 10� 1 t • OAF-A SuBZ'RAc.TED AREA r T. 1 . . .... . __ F94ri1 po E D SITE �Ro 5 � k: ;r t i ,t 1 r` ALE ET 100 0 Io0 LIDO , „-,.., .. . OveRLay : l�roppSEL� "T!�DE -OFF" (i RCA . MIN YAc+iT C34SIN .` to •t5.80 Nf-iffOF COASTAL f IX'^ (l i �iEZ 1 North Carolina Department of Natural /,�, -�; .,. , Resources &Community Development Uircc1„r 3ox 27687, Raleigh,N C. 27611 James B. Hunt, Jr , Governor Howard N. Lee,Secreiary rnh-ph,mv 919/133 2293 September 11, 1 80RE C -f TE�I Ms. Judy H. (olfenbarger �J General Man IEO Minnesott Beach Yacht Basin DRDIV AIAR c/o U.S.P.O. Box 7 Arapahoe, NC 28510 •+r Dear Ms. Wolfenbarger: This is in reference to your request to our Morehead City office to modify your existing dredge and fill permit so as to include a system of navigation aids. The proposed aids would mark the charnel to the Minn- esott Beach Yacht Basin presently under construction. It is the determination of this office that: (1) navigation aids by law cannot be considered under your dredge and. fill permit and (2) }..ore importantly, we find navigational aids not to be "development" under the Coastal Area Management Act. For these reasons further permit authorization is not required from this office. Neither would a minor permit be required from the County, under CAMA. The Wildlife Resources Commission does have authority under the Boating Act and the Uniform Waterway Marker System, in conjunction with the U. S. Coast Guard, to consider aids to navigation and regulatory markers. By copy of this letter I am requesting that the Wildlife Commission respond to your request at the earliest possible time. Very sincerely, Joh R. Parker, Jr. Perm is Coordinator JRPj-':jm cc w/encl. Mr. Charles Fullwood cc: Wildlife Resources Commission, Raleigh Mr. Gene Broughton Pamlico Co. CAMA Officer fir. Preston Pate Morehead City, OCM An fpua/Opportunity Affirmative Action f.mp/oyer Permit Class Pcr►mit Number ► ]N `` 6th Renew l 114-73 STA'�E0O NgRT11 A`�t CQL1NA Maintenance 5 Department of Natute�'Rebources and Cbr>tidtunity Development - ^_ stala L�tsourceS t%rttissi n ARECEIVE-M, JUL19 ►:3?0 ri1 ,11 for /Uevcloprnent' do Atta of Environmental CanZlrn pursuant to 118 ter. ® Excavation and/or d1ling pursuant to NCGS 113-229 Dr. tti Mrs. K. A. Wolfenbarger / Minnesott Brach Yacht Basin Issued to -_-- P. 0. Box 7, Arapahoe, North Carolina 28510 Pamlico t Neuse River—(Alligator Gut at Minnesott Beach) autllorizing development in -- --Co.. dated rec• 12/15 75; including _ as requested in the permittee's application 10/80 & 2/16/78 subject to the conditions set forth below attached plats, 3 dated rt c 6/ ion and existing basin junction until (1) That a plug be left at the proposed excavat all spoil areas are stabilized so as to prevent siltation of adjacent wa ers. For Work With H drau_lic _llred e: be (2) 'I'llaL all. excavated materials be con spillgloveroun ofdsol'ldydintoganyemarsh9 or other retainliv, structures to p or surrounding waters. 1'hat thr di.s oral area effluent be contained by pipe, trough, or similar device 4 ( 1) p prevent gully erosion or resultant un- _ to a point at or below the MLW mark top F nrreaH,%ty st.1tat.Jon. 4 (4) e I'It;tt th terminal end of the pipeline be positioned at or greater than 50' from ;illy part of the dike and a maximum distance from spillways to allow adequate r;et*tlemvnL of suspended solids. [ See the attached sheet for Additional Conditions ] IF TIIE AItOVE CONDITIONS AND THE PLANS AN SPECIFICATIONS IFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT 1N CONFLICT WITH THE CONUITIONSns PROVOIDEDLLOWED IN G. S. 11133A 26 AND G. S.CISELY,THE 1 3-2TEE IS 29 (K) AND (L. rO A FINE, IhIPRISONIIIENT, OR CIVIL ACTION This pem%it must be accessible, nn site, to Department Signed by the authority of the Secretary personnel when the project is inspected. This peinlit :kction may be objected to by the pcnnittce or other qualified persons within Twenty (-10) days of the `� �►1)/Sccrctary issuing date A valid appeal rcauiics resolution prior to work [?.Walton Junes,I)ep initiation or umtinuance, as the case may be. SigningSigned by the authurity of the Chairman this of the Coastal csourccs Commission luiri► and p►oceeding will% the woik binds the applicant to compliance with all permit conditions. Any maintenai►rc work or project n%u(lilication nut -- - coveied hcie under icgoiies lurthe► Departmental appruval. Kenneth 1).Stewart,Director All wo►k MUM :caNr wl►en the permit expires. Office of Coastal Management .luly '11 , 1985 for tlalntonunce 1'cimtt expires un _-:1ii1�— 1-181 fot 1'11aae f I New Work •luly 25, 1980 Issu,ntt date __ Signature u I'crn►it tee . . r o tti Dr. & Mrs. K. A. Wolfenbar6er Permit No. 114-73 July 25, 1980 Page 2 of 3 ADDITIONAL CONDITIONS (5) That a water control structure be installed at the intake end of the effluent pipe so as to assure compliance with Condition No. 6. (6) That in order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. NOTE: Enforcement personnel will determine an increase as significant if the measured level of suspended sediments is increased by 25 National Turbidity Units. (7) That the diked disposal area must be constructed a sufficient distance from the MIiW line or any marshland to eliminate the possibility of dike erosion into or upon the adjacent waters and/or marshland. For Work With Dragline: (8) That all excavated materials be confined above MfiW and landward of regularly or irregularly flooded marshlands. Other: (9) That a pumpout facility be provided for boats with holding tanks. Equipment is to be on-site and operational by December 31, 1980. (10) Tilat a locked head policy be enforced for boats without holding tanks. (11) That no septic tank systems be placed in filled areas. NOTE: Approval for all septic tank systems of 3,000 gallons or less must come from the local health department. (12) That a ground cover sufficient to restrain erosion must be planted or otherwise provided within thirty (30) working days on spoil, fill and other disturbed areas upon which further construction is not undertaken. NOTE: Phis project will require an erosion and sedimentation control plan since more than one acre of land is to be disturbed. The plan must be submitted to the Department of Natural Resources and Community Development, Lard Quality Section, 1502 North Market Street, Washington, NC 27889. It must be filed at least thirty (30) days prior to beginning any land-disturbing activity. NOTE: in issuing this permit, the State of North Carolina agrees that your project is consistent with the approved North Carolina Coastal Management Program. F. Walton Done:+, Deputy Sae retary Department of Natural Rrsour( r 9 Comm ni Devc:lopme i:enne i D. Stewart, Director Ket,114- i Office of coastal. Management Signature. of Permittee .oxoKoxoxor Dr. & Mrs. K. A. Wolfenbarger Permit No. 114-73 July 25, 1980 Page 3 of 3 MAINTENANCE CLAUSE That for any maintenance after December 31, 1980, the Department be notified in writing at least two (2) weeks in advance of work authorized by this permit and that notification include: (A) the number of the original dredge and fill permit, (B) a statement that no dimensional changes are proposed, (C) a copy of the original permit plat(s) with cross-hatching indicating the area to be maintained, the area to be used for spoil, and the estimated amount of material to be re- moved, (D) the date of map revision and the permittee'a signature shown anew on the original plat. E. Walton Jones, Deputiy cretary Department of Natural Resources & Community Development Ken et D. Stewart, Direc or Office of Coastal Management Signature of Permitted Field Services, 0CM PO Box 769 .Morehead City, '.0 28557 June 18, 1980 MEMORANDUM TO - John Parker From Preston Pate Subject Req. for Permit renewal - 114-73 - Dr. & Mrs. Keith;Wolfenbarger The attached letter from Robert M. Chiles is a request on behalf of Dr. and Mrs. Keith Wofenbarger to renew State Permit 114-73 for the construction of Minne- sott Marina near Minnesott Beach, Pamlico County. I have reviewed the materials submitted by Mr. Chiles and recently reviewed pro- gress of the project construction. A past problem associated with non-compliance with Condition No. 7 on the State permit has been corrected, and the remainder of the project activity appears to be adhering to permit conditions and specifications. Therefore, I have no objections to renewing the permit with the same conditions. Preston Pate ROBERT M. CHILES1P.E ' ENGINEERS. TS • MARINE SURVEYORS '1C,j USINESS: 919-637-4702 510 TRYON PALACE DRIVE �r FILL HOMES 919-698-2346 P. O. BOX 3496 NEW BERN, NORTH CAROLINA 28560 > e 6, 1980 TO: Mr. Preston Pat N.C. Depart Natural & Economic Resources P.O. Box 769 Morehead City, N.C. 28557 SUtsJECT: Minnesott Marina, Alligator Gut, Pamlico County, North Carolina REFERENCE: (a) U.S. Corps of Engineers Permit SAWKS 73-69-23-068 (b) U.S. Corps of Engineers Permit SAWCO 78-069-003-0154 (c) N.C. Department NER Pe �_11 _1 ENCLOSURE: (1 ) copy of U.S. Corps of Engineers letter dated May 22, 1979 (2) Minnesott Marina - Site Plan - Revised June 1980 - RMC No. 724 Dear Preston: Un behalf or' our clients, Dr. and Mrs. Keith Wolfenbarger, DBA Minnesott Beach Yacht Basin, we are hereby requesting that the necessary permits from your office be extended as required for completion of the Marina construction currently in progress. As you will note from enclosure (2) , the additional excavation for phase 2 of the construction has not yet been completed. The phase 1 excavation was completed previ- ously, as was the hydraulic dredging of the entrance channel. Pier construction is currently in progress and will continue for the next 2-3 years as operations of the marina expand. In addition to the excavation of phase 2 of the marina basin, maintenance dredging either by dragline or by hydraulic dredge will continue at the entrance r"rom time to time as necessary. I feel that this work is currently permitted, however some state- ment to that effect on any renewal of your permit would be appreciated. I feel that our clients are going to provide a necessary racility for the area as a harbor for pleasure craft and that it will continue to be constructea ana will be operated ,compatable with the various concerns of the many governmental agencies involved, Mr.. rreston Pate Page 2 June 6, 1980 The phase 2 work is considered necessary to the overall success of the marina and has been and will continue to be part of the overall plan. Work to begin the added excavation is expected to begin this summer on a limited scale and will most likely proceed at a slow pace utilizing the marina operators equipment and personnel. An extension of the permit to *1984 would be realistic as far as current projections of completion is concerned and your assistance in this matter is appreciated. Let me know if you require additional data. ,sincerely, Robert M. Chiles, P.E. kag Enclosure cc: Dr. & Mrs. K. A. Wolfenbarger Fl L D I FILL - ' 0 1980 EXCAVATED AREA WV 6 \\ \ TO -8 \ bRE 'BAR, F7 \\ pit CI. \ MARINA \\� SITE \ •r2 FIU.� to SITE PLAN REVISED AUG. 1975 1 C?F-►7SE0 TOWN — •r_y_ RELOCATE ENTRANCE Q REVISED JUP+E 1960 �2 COMPLETED DREDGING o T B TO DATE (PHASE I ) i 42 PROPERTY OF M/NNESOTT REACH: C. CLUB Si REAM } � I i S i t2 ,=`} r?;,N \ 9 \ :7n L.X,S T/NG HARBOR EN'Rfitt � /ER i ►.HERS =.ti ^VSULTt.N, S t DEPARTMENT OF TH ARMY WILMINGTON OISTRiur. -CORF-7, OW ENGINEERS P. O. BOX 1810 L 7., WILMINGTON. NORTH CARJLINA 284U2 IN REPLY REFER TO M.;CO-EE 22 May 1979 Mr. Robert M. Chiles, PE PO Box 3496 New Bern, NC 28560 Dear Mr. Chiles: Confiriming our telephone conversation of 15 May 1979 regarding the Indian Trace I'larina Construction and Pirs. Wolfenbarger's letter of 8 May 1979 and our letter of May 1979, the permit No. SA.dKS73-69-23-068, issued to Indian Trace was extended by the permit modification SA1C078-N- 069-003-0154. The new expiration date for .the entire project is therefore 31 December 1931 . Also, the sentence in our letter of 4 May 1979, regarding structures blow normal high wz ter requiring new permits, does not apply to thie basin and associated facilities (piers , docks, etc. ) inside the marina basin perlmitted by the original permit. Only additional structures outside the marina basin in the river would require ne;v permits. We hope t'iis clarifies the status of the permit. If there are any further questions, please do not hestitate to contact us. Sincerely yours, �D o G. WAYNE .•!RIGHT Chief, Environmental Assessment and Enforcement Branch CF: Mrs. Judy H. Wolfer.barger 352 . est Fifth Street Hoisington, KS 67544 —liilnn iesot l oeuch y ac.n Basin 352 West 5th Street Hoisington, KS 67544 December 10, 1979 Preston P. Pate, Jr. LEC a Environmental Consultant North Carolina Department of Natural Resources Field Services Section PO Box 769 _— Morehead City, NC 28557 F Dear Mr. Pate: In reference to your letter of December 4th, may I say that we are aware of the situation regarding the dike and so forth at Minnesott Beach, and axe making every effort to see that it is corrected. I am taking the liberty of sending the photographs and a copy of your letter to Mr. Robert Chiles, P.E. , of New Bern. He, too, is concerned with this matter and, I'm certain, will be able to inform you more fully of the basis of this problem and what steps we plan to correct it. Please contact` Mr. Chiles in regard to this matter. Thank you. Sincerely, Keith A �do1fenbarge- M.D. cc: Robert Chiles, P.E. PO Box 3496 New Bern, N.C. 28560 OFFIC( 0( COASTAL MANAGEivIENT A North Carolina Department of Natural I��n�,o�t,3rt ` Resources &Community Development �� Diwctur Box 7.7637, Halvigh,N.C. ?.ifil t James B. Hunt,Jr., Governor Howard N. Lee, Secretary Telepnone 919/733 2293 Field Services Section PO Box 769 Morehead City, NC 28557 919"726-7021 December 4, 1979 Dr. Keith AQE lfenbarger 353 West Fi Hoisington, Kansas 67544 Dear Dr. Wolfenbarger: Attached you will find photographs taken on November 9, 1979, of a portion of the dike used to retain dredged spoil at your project at Minnesota Beach, Pam- lico County, N. C. You will notice that there appears to be ,a considerable amount of erosion at the base of the dike. The area that is shown is located near the point where the new marina basin connects to Neuse River. It''-appears to me that continued erosion at the -base of the dike wife weaken its ability to retain the largeamount of dredged spoil that has been placed behind it. The potential for dike failure will increase as erosion con- tinues and the base of the dike becomes narrower. A dike failure at this point would create two problems: (9) there would be a tremendous amount of turbidity released into the Neuse River; (2) the recently excavated basin area will be partially refilled therefore requiring maintenance excavation to re- establish the needed water depths. The location of the dike does not comply with Condition No. 7 on State Permit No. 114-73 transferred to you on March 29, 1979. This condition states that the diked disposal area must be constructed a sufficient distance from the mean high water line, or any marshland, to eliminate the possibility of dike erosion into or upon the adjacent waters and/or marshland This condition was included in your State permit to reduce the potential for dike failure due to erosion. As you can see, what we were trying to prevent is a present danger. Therefore, my recommendation is that you should take immediate measures to stabilize this section of the shoreline against. further erosion. This may be done by construct- ing a vertical seawall, as authorized in your State permit, or by placing stone rip-rap material along the shoreline in this specific area. Please do not hesitate `o contact me at my Morehead City office if you have any questions concerning .t; matter. Cordially yours, PPP/rt/encl. Preston P. Pate, Jr. CC: Howard Rockwood, Law En£. Environmental Consultant Ken Jolly, Corps of Eng. An !_qua/Opportunity Affirmative Action Employer State of North Carolina Department of Natumal Resources and ('rnnn►unity Development FEDERAL PERMI-i IS REQUIRED PERMIT (;gNTACT U.. S. AR'"t'CORPS OF TO EXCAVATE AND/OR FILL Permit No.114-73 r(GINEERS, P. 0. BOX 1890 (!MINMIN. N C 28401 (Re: N.C. G.S. 113-229) Permit Class Issued to: Dr. and Mrs. Keith A. Wolfenbarger Transfer 353 West Fifth Street, Hoisinyton, Kansas 67544 This permit authorizes excavation and/or filling in _ Pamlico County, N.C. Neuse River (Alligator Gut, at Minnesott Beach) at __._.. as requested in the permittee's application dated rec. 12/15i 7� 5; incl. attached plats,2, dated 8/15/75 & 2/16/78 subject to the conditions set forth below. (1) That a plug be left at the proposed excavation and existing basin junction until all spoil areas are stabilized so as to prevent silta- tion of adjacent waters. r'or Work With Hydraulic Dredge: sr (2) That all excavated materials be confined on high ground behind adequate br r. dikes or other retaining structures to prevent spill-over of solids ; into any marsh or surrounding waters. ` (3) That the disposal area effluent be contained by pipe, trough, alt- simila lo , - device to a point at or below the MLW mark to prevent gully erosion and resultant unnecessary siltation. (4) That the terminal end of the pipeline be positioned at or greater than 50' from any part of the dike and a maximum distance from spillways to allow adequate settlement of suspended solids. [ See the attached sheet for Additional Conditions I IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRE- CISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT,OR CIVIL ACTION AS PROVID- ED IN G.S. 113-229 (K) AND (L). This permit may he objected to ply the pertnittee within twenty (20) days of the date of issuance. Failure to submit such objection shall he interpreted as an agreement of compliance with all permit conditions. This permit must be displayed alcsig ��itk a copy of the application and the project plat in the cab (or pilot- house) of the equipment Harking on the project, of he easily acccssrble, on site, to Department personnel when the project is inspected. Any maintenance work or proicci modification re4luirrs further Departmental approval. Subject to permit rene\%.;l, all work must izase when the permit terminates This permit terminates on -. January-._31_.19PL). Signed by the authority nf the Secretary March 29, 1979 E. Walton Jones, Deputy Secretary Issuing Date: De�tmPrtt:-of Natural Resources ti Community Developmciit Donn D&(=-g Revised 7/77 Dr. & Mrs. Keith A. Wolfenbarger Permit No. 114-73 March 29, 1979 Page 2 of 2 ADDITIONAL CONDITIONS (5) That a water control structure be installed at the intake end of the effluent pipe so as to assure compliance with Condition No. 6. (6) That the activity be conducted in such a manner as to prevent signifi- cant increases in turbidity outside the area of construction or con- struction-related discharge (increases of 25 JTU's or less are not considered significant) . (7) That the diked disposal area must be constructed a sufficient distance from the MHW line or any marshland to eliminate the possibility of dike erosion into or upon the adjacent waters and/or marshland. For Work With Dragline: (8) That all excavated materials be confined above MHW and landward of regularly or irregularly flooded marshlands. Other: (9) That a pumpout facility be provided for boats with holding tanks. (10) That a locked head policy be enforced for boats without holding tanks. (11) That no septic: tank systems be placed in filled areas. NOTE: Approval for all septic tank systems of 3,000 gallons or less must come from the local health department. (12) That a ground cover sufficient to restrain erosion must be planted or otherwise provided within thirty (30) working days on spoil, fill and other disturbed areas upon which further construction is not under- taken. NOTE: This project will require an erosion and sedimentation control plan since more than one acre of land is to be disturbed. The plan must be submitted to the Department of Natural Resources and Community Development, Land Quality Section, 1502 North Market Street, Wash- ington, N. C. 27889. It must be filed at least thirty (30) days prior to beginning any land-disturbing activity. E. Walton Jones, Deputy Secretary Department of Natural Resources & Community Development d. ao mmmw W&W i-wuuwa KRwtDX P� Lq�a oN IiJ10WA, N.G, G- j» i�tkfer,l, �` V - E too' - � ToE�e P"W-*D Tortes � / � � s�3•��• 13-ova V / (Wmf pia) l 1 ►••� • � ` mpg N Lt ". - / rye►► ��.� 1V� ►lo, !S dY; &,^LYn LL FILL \ \ \ EXCAVATED AREA \ , MP,RINA I SITE �. • � \ FILL' *2 E PLAN ��rsEn rower I � ', �, ./ �i�.,,,�r=c •AUG 19-5 I RELOCATE E^1TRt I`XZ i l t2 /'FILL cW sal f�c:4clY 9 I \ r EX/ST/NG' 8 EX.': H.;RB04 EAM40144-v- 10 Rgr..l�'•.�,SED , G.i. _E FEE .� LNG,R'EE RS X", NEW ?ERN NO�,'IP ! AJ<'JNA I \ uCE• k0. -724 i;.A i ' AUG. 15, .L975 APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL Department of the Army State of North Carolina Corps of Engineers,Wilmington District Department of Natural and Economic Resources (Re: River and Harbor Act of 1899) (Re: GS 1 I3-229) ; ,- Please type or print and fill in all blanks. If the information requested is not applicable, so indicate by placing N/A in the blank. DIV I. Applicant Information: _ Indian Trace Compani A. Name - -- _ �rst `-Lasf- P. 0.. Box 98 Street, . Box or Rout B. Address �.O e Araphahoe North Carolina 28510 — phone -- City or Town State Zip Code II. Location of Proposed Project: A.County Pamlico B. I.City, town, community or landmark luhnnesott Beach Alliator Gut off Aaua2e fiver 2. Is proposed work within city limits? Yes _No XXXX C.Creek, river,sound or bay upon which project is located or nearest named body of water to project Neuse River III. Description of Operation: Construct Marina A.I. Maintenance of existing project 2.New work --B. Purpose of excavation or fill 801-120' width 8' —depth 1.Access channel 900' length depth 2. Boat basin 1300' length 175'-550' width 8' 3. Fill area 8 acres- + —length_ _ _yvidth _ --:,--depth---. _ -- — _ 4.Other--- ---- length—.__. ----depth— C. 1. Bulkhead dimensions—_+ 5'_or as required for Fill 2.Type of bulkhead construction (material)—_____-- Treated Timber — — ---- D. Excavated material (total for project) 1.Cubic yards- 250 000 _-- 2.Type of material— ---- -- E. Fill material to be placed below MHW (see also VI. A) of material 1.Cubic yards - _.__-- _--- 2•Type IV. Land Type, Excavated Material,and Construction Equipment: A. Does the area to be excavated include any marshland? Yes No)—Q B. Does the disposal area include any marshland? Yes Now C. Disposal area 1. Location Adjacent to Site above MHW 2. Do you claim title to disposal area? es D. Fill material source if fill is to be trucked in - — 7 Dike & Bulkhead __E. How will excavated material be entrapped or encased. - Dra line Dozer Suction Dredge at mouth to River Char. F. Type of equipment to be used-- No G.Will marshland be crossed in transporting equipment to project site? (If yes,explain) — V. Describe Intended Use of Project Area: A. 1. Private -- - — - 2.Commercial_._._Marina 1 3. Housing;Development or Industrial 4. Other--.-- D&F-B1 B. 1. Lot siLe(s) —------ ---- — 2. Elevation of lot(s) above mean high water — -------- 3. Soil type or texture 4. Type of building facilities or structures 5. Method of sewage disposal or treatment VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No= B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes—NoX 2. Type of discharge 3. Location of discharge VII. Present rate of shoreline erosion (if known): NA Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: SWAKS 73 69 23-068 and NC No 114-73 IX. Length of time required for project activity: 3 years X. In addition to the completed application form, the following items must be provided: A. Attached a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. (Note: Federal law requires the applicant to be the owner or his designated agent). B. Attach an accurate work plat drawn to scale on 8'/z" X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served Such owners have 30 days in which to submit comments to agencies listed below. D. List the names and complete addresses of the riparian landowners with property adjoining applicant's tract. DATE Applicant's Signature Send one completed copy each to: / Permit Section District Engineer . Division of Marine Fisheries Department of the Army Department of Natural & Economic Resources Wilmington District Corps of Engineers P. O. Box 27687 P. O. Box 1890 Raleigh, North Carolina 27611 Wilmington, North Carolina 28401 Ph. 919-829-3767 (Note: attach Corps cover letter) Ph. 919-763-9971 Ext. 565 D&F-B2 Qou 10A �� . "'73 March 20, 1979 _ Mr. Garvin B. Hardison, Sr. Hinnesotte Beach, Inc. Arapahoe, N. C. 23510 Dear Garvin: State Permit No. 114-73 issued to Indian Trace Com^any for construction cf a marina will e:_pire on January 31, 1980. If the property in question is sold, the new owners need only re- a. . quest by letter that the permit be reissued to the new o�mers- This request should include proof of ownership, and be sent to John Parker, Division Permit Coordinator at our Ralei1gh office. In the meantime if it should become necessary to modify or re- nets the permit as now issued, a letter of request will be honored. Cordially yours, R. D. Nelson, Chief Estuarine I�Iana;ement RDN/t State of North Carolina Department of Natural Resources and Community Development A FEDERAL K'­!'T t:. '!RED ' PERMIT CONTACT U. S. AR"" ; 01; ENGINEERS, P. 0. BOX 1890 TO EXCAVATE AND/OR FILL Permit No. 114-73 . YALMINGTON, N. C. 28401 (Re: N.C. C.S. 113-229) Permit Class Isstx•d to: Indian Trace CoTpanY 5th Renewal/Completion P. O. Box 98, Arapahoe, North Carolina. 28510 '1 his permit authorizes excavation and/or filling in ._ Pamlico County, N.C. ;tt Neuse River (Alligator Gut, at Minnesott Beach)— __ as requested in the permittee's application slated rec. 12/15/75; Incl. _attached plIt,, dated 8/15/75 & 2/16/78 subject to/"` the conditions set forth below. (1) That a plug be left at the proposed excavation and existing basin junction until all spoil areas are stabilized so as to prevent silts- tion of adjacent waters. For Work With Hydraulic Dredge: =i (2) That all excavated materials be ccnfined on high ground behind adequate, dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. (3) That the disposal area effluent be contained by pipe, trough, or similar device to a point at or below the 14LW mark to prevent gully erosion and resultant unnecessary siltation. (4) That the terminal end of the pipeline be positioned at or. greater than 50' from any part of the dike and a maximum distance from spillways to allow adequate settlement of suspended solids. [ See the attached sheet for Additional Conditions I IF 'I'll EABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRE- ,ASELY. THE: PLR1fITTEE IS S11B1E( T TO A DINE, IMPRISONMENT,OR CIVIL ACTION AS PROVID- I.0 IN G.S. 1 13-229 (K) AND (L). I Iiis hermit may tx objected to by thr permittee within twenty (20) days of the date of issuance. Failure it) -uhmit such objection shall be interpreted as an agreement of compliance with all permit conditions. I his Kermit must be displayed altmg with a copy of the application and the project plat in the cab (or pilot- hot„e) of the equipment working can the project, or be easily accessible, on site, to Department personnel \e hen the project i�,inspected. t` Any maintenance work or proiec� modification requires further Departmental approval. Subject to permit n r, .real. all work must cease when the permit terminates. I hi, permit terminates on JarivaKy_ 31,. 1980 Signed by the authority of the Secretary Isuu�Et Date —_ January 17, _1979 r Department of ki ral Rasources & Community Development I oiin D&1�-t; I:�deed 7177 Permit No. 114-73 Indian Trace Company Page 2 of 2 January 17, 1979 ADDITIONAL CONDITIONS (5) That a water control structure be installed at the intake end of the effluent pipe so as to assure compliance with Cond. No. 6. (6) That the activity be conducted in such a manner as to prevent signifi- cant increases in turbidity outside the area of construction or con- struction-related discharge (increases of 25 JTU's or less are not considered significant) . (7) That the diked disposal area must be constructed a sufficient distance from the MHW line or any marshland to eliminate the possibility of dike erosion into or upon the adjacent waters and/or marshland. For Work With Dragline: (8) That all excavated materials be confined above MHW and landward of regularly or irregularly flooded marshlands. Other: (9) That a pumpout facility be provided for boats with holding tanks. (10) That a locked head policy be enforced for boats without holding tanks. (11) That no septic tank systems be placed in filled areas. NOTE: Approval for all septic tank systems of 3,000 gallons or less must come from the local health department. (12) That a ground cover sufficient to restrain erosion must be planted or otherwise provided within thirty (30) working days on spoil, fill and other disturbed areas upon which further construction is not under- taken. NOTE: This project will require an erosion and sedimentation control plan since more than one acre of land is to be disturbed. The plan must be submitted to the Department of Natural Resources and Community Development, Land Quality Section, 1502 North Market Street, Wash- ington, N. C. 27689. It must be filed at least 30 days prior to beginning any land-disturbing activity. �Department o atural Resources & Community Development Div. Marine Fisheries • PO Box 769 Morehead City, NC 28557 December 11, 1978 MEMORANDUM TO - John Parker From Bob Pittman Subject Req. for permit renewal - 114-73 (- I:ndian Trace Co. e have no objection to the renewal with added conditions - on that portion of W hydraulic dredge the project that requires a by nd te . .That all excavated materials be confi eventespill-over gofusolnd idsl into dany amarshkes or other retaining structures to pr or surrounding waters. , .That the disposal area effluent be contained by pipe, trough, or similar de- erosion and resultant vice to a point at or below the MLW mark to prevent gully unnecessary siltation. be . .That the terminalend of the pipel�istanceofrom spillways sitioned at or greater from a118 adequate ne any part of the dike and a maximum settlement of suspended solids. . .That a water control structure be installed at t(the intake end of the effluent pipe so as to assure compliance with _ That the diked disposal area must be constructed a sufficient distance from T y marshland line or and to eliminate the possibility of dike erosion into the MHWhat and/or marshland. or upon the adjacent waters dragline is required, add the following On that portion of the project where a condition. . . ted materials be confined above MHW and landward of regularly . .That all excava . or irregularly flooded marshlands. Bob Pittman Cl\ -'7 3 ASSI(TA�q.NT SECRETARY FOR NATURAL ' ! North Carolina Department of Natural RESOURCES k David A.Adams Resources &Community Development Box 27§E6'Raleigh 27611 James B. Hunt, Jr., Governor. Howard N. Lee,Secretary phgoe1919 733-4006 iA.�; December 6, 1978 ]MEMORANDUM TO: Review Agencies FROM: John Parke SUBJECT: Request For Permit Renewal The Departme>r;�t has received a request to--,consider-a renewal of permit `l14-73,that was issued tcj Indian Trace Companr^_in July of 1973. r nit for this Neus"�e*- mar�i_a ��has been renewed four times. The present permit expires on January 15 and the project is not complete. In our earlier reviews of this project, the off shore channel as covered by the application form (item IV Bl) was never covered by a plat. This oversight will be corrected and for this reason, a copy of the Corps plat of the channel is attached along with other originals. Any comment that you wish to submit on this request should be forwarded by December 28 in order that action can be taken. Enclosures oe 174 / 7�.,7` �rfv�i ate✓ bl` T`-�-- /`'"'�`�-�- ' ``"`""-L- s F ze . An Equal Opportunity Affirmative Action Employer fUjERAL PEIMR M "'T1rT,l1. S. APlY COPi S OF State of North Carolina ;14;I;:CZ3, P. 0. LOX 1000 Department of Natural Resources and Community Development 11,�11;1GTo"l. ti.C. 2840L PERMIT TO EXCAVATE AND/OR FILL Permit No114-73 (Re: N.C. G.S. 113-229) Permit Class Indian Trace Company 4th Rdnewal/Completion Issued to: ,�in-Y P. O. Box 98, Arapahoe, North Carolina 28510 This permit authorizes excavation and/or filling in P ml;rn County, N.C. at Alligator Gut off Neuse River as requested in the permittee's application dated rec. 12/15/75 incl. attached plat dated 8/15/75 subject to the conditions set forth below. (1) That a plug be left at the proposed excavation and existing basin junction until all spoil areas are stabilized so as to prevent silta- tion of adjacent waters. c (2) That a pumpout facility be provided for boats with holding tanks. U '< (3) That a locked head policy be enforced for boats without holding tanks. �3 (4) That no septic tank systems be placed in.filled areas. NOTE: Approval for all septic tank systems of 3,000 gallons or less must come from the local health department. (5) That a ground cover sufficient to restrain erosion must be planted or otherwise provided within (30) working days on spoil, fill and other disturbed areas upon which further active construction is not undertaken. [see attached sheet for Additional Conditions.] IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRE- CISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT,OR CIVIL ACTION AS PROVID- ED IN G.S. 113-229 (K) AND (L). This permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure to submit such objection shall be interpreted as an agreement of compliance with all permit conditions. This permit must be displayed along with a copy of the application and the project plat in the cab (or pilot- house) of the equipment working on the project, or be easily accessible, on site, to Department personnel when the project is inspected. Any maintenance work or.project modification requires further Departmental approval. Subject to permit renewal, all work must cease when the permit terminates. This permit terminates on January 15, 1979 Signed by the authority of the Secretary Issuing Date: January 13, 1978 �--�� David A. Adams Assistant Secretary for Form D&F-g Resource Management Revised 7/77 Indian Trace Company Permit No. 114-73 January 13, 1978 Page 2 of 2 ADDITIONAL CONDITIONS (6) That an Erosion Control plan will be required if the area to be uncov- ered exceeds one contiguous acre and must be submitted thirty (30) days prior to the cemr.,,encement of a land-disturbing activity. Plan(s) should be submitted to the Land Quality Section of the Department of the Depart- ment of Natural & Economic Resources, 1502 N. Market St. , Washington, N. C. 27889. David A. Adams Assistant Secretary for Natural Resources 0 Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 December 13, 1977 MIORANDUM TO - John Parker From R. D. N Olson Subject Req. for perms renewal #114-73 - Indian Trace Co. ,) As per our memorandum to you of December 1, 1977, we have no objection to the renewal of this permit. Doug Nelson North Carolina Department of Natural �.� Resources &Communit Development � �.s Y James B. Hunt, Jr., Governor Howard N. Lee, Secretary December 8, 1977r� a,�,,..� NIEMORANDUM N. C. DEPT. NER MARINE EIS`IERtFS TO: Review Agencies -�,q� FROM: John Parker,'-. L -----' SUBJECT: Request for Permit Renewal �.•• -�""""`"^� The De pa t has received a requ onsider a r wal of _- permitI14-73 hat was issued t Indian Trace Coy.. . The pe s been renewed three do in January. The permittee states that work is proceeding, however, completion will be "well into next year". Any comment that you wish to submit on this request should be forwarded by December 30 in order that action ca4 be taken. VV-_- P.O. Box 27087 Releigh, North Carolina 27611 An lit at A rim Lmployrr Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 December 1, 1977 MEMORANDUM TO - John Parker From R. D. Nelson Subject Req. for renewal - Permit #114-73 - Indian Trace Co. We have received the attached letter requesting an extension of the subject per- mit. I reviewed this project with Bob who has been on top of this situation, and we both agree there should be no problem with renewing the permit without full circulation since the project essentially involves phasing of the original permit with no new work planned. Doug Nelson 0 ' ROBERT M. CHILES. P.E. [NOINEERS. CONSULTANTS MARINE SURVEYORS BUSINESS: (916) 637-4702 Sao TRYON PALACE DRIVE HOME: (919) 638-2346 P. O. SOX 9496 Nov ber 28, 1977 NEW BERN. NORTH CAROLINA 28560 :1 , To: Mr. Doug Nelson /- N. .C. Department of Natural & / Economic Resources Division of Commercial & Sports Fisheries P. O. Box 769 Morehead City, NC 28557 ' Subject: Construction Permit-•Minnesott Marina References: (a) N. C. Per it 114-73-1t< Indian Trace Company (b) SAWKS 73-69-23-068 --_-- - ---� Dear Mr. Nelson: It is hereby requested that the subject permit be extended cons traction to January 31, 1979, in order to allow for completion of the subject marina. The Federal Permit, reference (b), presently has an expiration date of December 31, 1978. As you are aware, the first phase of construction 'is near com- pletion and we expect to begin dredging the inlet around the first of next year. However, we will expect to continue construction of ,Phase II with the further excavation extending well into next year. If you have any questions concerning this please contact me. Sincerely, Robert M. Chiles, P. E. asp cc Garvin Hardison State of North Carulina Page 1 of 2 l Departm.:nt of Natural and Economic Resources ` PERMIT TO EXCAVATE AND/OR FILL Permit No. .l_1 (Re: G. S. 1 13-229) Permit Class 3i'd Renewal / Issued to: Indian Trace Company Completion P. 0. Box 98 Arapahoe, I3orthCa;olina 2 This permit authorizes excavation and/or fill work in Pamlico County, N. C. A1Zigator Gut off Neu— River as requested in the permittee's at rec . 12/15/75 f, attached plat dated 8/15/75 subject to application dated the conditions set forth below. (1) That a plug be left at the proposed excavation and existing I basin junction until all spoil areas are stabilized so as to prevent siltation of adjacent waters . (2) That a pumpcut - facility be provided for boats with holding tanks . (3) That a locked head policy be enforced for boats without c holding tanks . _ H (4) That no septic tank systems be placed in filled areas . l ,Y . NOTE: Approval for all septic tank systems of 3 ,000 gallons or less must come from the local health department . [ See attached sheet for Additional Conditions . ] THAT IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PJ :T OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY, THE PER-IITTEE, IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G. S. 113-229 (IC) AND (L). That this permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure to submit such objection shall be interpreted as an agreement of compliance with all permit conditions. That this permit must be displayed along with a copy of the application and the project plat in the cab (or pilot-house) of the equipment working on the project, or be easily accessible, on site, to Department person- nel when the project is inspected. That any maintenance work or project modification requires further Departmental approval. Subject to permit renewal, all work must cease when permit terminates. This permit terminates on January 31 , 1978-- —' January 27 , 1977 Signed by the authority of the Secretary of the Issuing Date: - Departmegt of Natural S Econo is Resources — L— - Edward G. Ivic 'o}', l)irector f, Fortn D,nF-g Division of MUrine I"ishertes - � v, j 1 Indian Trace Company Permit No. 114-73 January 27 , 1977 Page 2 of 2 ADDITIONAL CONDITIONS (5) That a ground cover sufficient to restrain erosion must be planted or otherwise provided within thirt., (30) working days on spoil , fill and other disturbed areas upcn which further active construction is not being undertaken. (6) That an Erosion Control Plan will be required if the area to be uncovered exceeds one contiguous acre and must be submitted thirty (30) days prior to the ccnmencement of a land-disturbing activity . Plan(s) should be submitted to the Land Quality Section of the Department of Natural Economic Resources , 1502 N. Market St . , Washington , N. C . 27889 . Edward G . McCoy , Director Division of Marine Fisheries Div. Marine Fisheries PO Bo); 769 Morehead City, NC 23557 -. December 20, 1976 MEMORANDUM TO - John ParkerFrom Doug Nelson / Subject Req. for permit renewa11k - Indian Trace Co. 114-73 We have no objection to renewal as per attached request. Doug Nelson ROBERT M. CHILES. P.E. ENGINEERS. CONSULTANTS a MARINE SURVEYORS rTr B SINESS: (919) 637-4702 529 TRYON PALACE DRIVE �y� r HOME: (918) 636-2346 P. O. BOX 3496 NEW BERN. NORTH CAROLINA 28560 �.1ER De ember 13, 1976 E TO: Mr. Doug Nelson N. C. Department of Natura __ Economic Resources "' Division of Commercial & Sports Fisheries P.O. Box 769 Morehead City, NC 28557 SUBJECT: Construction Permit Minnesott Marina ` REFERENCES: (a) N. C. Permit 114- 3 to Indian Trace Company (b) SAWKS 73-69-23-06 Dear Mr. Nelson: It is hereby requested that the subject permit be extended to 1/31/77 in order to allow construction of the subject marina. The Federal Permit, reference (b), presently has an expiration date of 12/31/78. Due to general economic conditions and various other reasons construction has been delayed. However, we are receiving firm quotations at this time for construction and hope to be underway in January 1977. Your assistance in this matter is appreciated. Sincerely, Robert M. Chiles, P. E. asp cc Mr. Garvin Hardison y Aa Indian Trace Company 1• •f� = : , r State of tiorth Carolina - Department of Natural and Economic Resources PERMIT Permit No. 114-73 TO EXCAVATE ANDI'OR FILL (Re: G. S. l 13-229) Issued to: Indian Trace Company P. 0. Box 93 Arapahoe North Carolina 28510 Street Town-City State-Zip Code This permit authorizes you to excavate and/or fill in Pamlico County, N. C. at Alligator Gut off Neuse River as requested in your application rec. 12/15/75 & attached plat dated 8/15/7 dated subject to the conditions set forth below. (1) That a plug be left at the proposed excavation and existi:_g basin: junction, until all spoil areas are stabilized so as to prevent siltation cf adjacent waters. (2) That a pumpout facility be provided for boats with holdir.z tanks. (3) That a locked head policy be enforced for boats without holding tanks. (4) That no septic tank systems be placed in filled areas. i;? :. o . NOTE: Approval for all septic ta^_'- systems of 3,000 gallons or less i r A.� must come from the local health department. ;-•; Z (5) That a ground cover sufficient to restrain erosion trust be planted or C otherwise provided within thirty (30) working days or- spoil, fill and other disturbed areas upon which further active construction is not being umdartaken. (6) That an Erosion Control Plan will be required if the area to be uncovered exceeds one contiguous acre and must be submitted thirty (30) days prior to the co=encement of a land—disturbing activity. Plan(s) should be submitted to the La: d Quality Section of the Dept. of Natural & Econo:_ic Resources, 1502 N. Market St. , Washington, N. C. 27889. THIS PERMIT WILL BE VOIDED AND WORK STOPPED IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION OSTIErOE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY. PERSONS FOUND GUILTY OF A VIOLATION UNDER G. S. 113-229 ARE SUBJECT TO A FINE OR Lti1PRISONIIENT, OR BOTH. This permit, (as approved with conditions), may be objected to by the applicant or by inter=sted Stag agencies within twenty days of the date of issuance by gi',ing written notice to the issuing office. If the applicant does not submit an objection, this will be interpreted as an agreement of comYliance with all permit conditions. This permit must be displayed along with a copy of the application and the project map in the cab (or pilot-rouse) of the vehicle working on the project, or be easily accessible on site to Department personnel when the project is inspected. Notify: Permit Section, Division of Marine Fisheries, Box 27687, Raleigh, North Carolina, 2761. 1 when the project is completed. Any maintenance work or additional work on the project subsequent to the termination of this permit requires permit renewal and/or modification. This permit shall terminate on January 31, 1977 Jinuary 19, 1976 Signed by the authority of the Secretary of the Issu:n, Date:= Department of Natural&conomic Resources Fo:T D&F- Edward G. INI A_0y, Comm;ssiO.4:f ,. J in,- , Division of hltrine Fisheries / /' _ �• / t FiLtd F l FILL fB `/ .\ .- .t �- \ '\` .mot ••r, EXC=% ARE frry11 SITE - REVISED ._AUG_ :'75- .. . t Y � WN RELOCATE' EN -.C£ i y \ _ i.- 48 P�/-L /r �� .ate.,.. ,, f2 M/NNESOTT FEACIf s . EXISTING-STREAM• - .N EXCAVA_7nV -'_TU SGY.?F l SICE OF-AVa:- MW CE STREA1kr B IL - rB / �� 'EX/STlIdG H PSOR' �` '� - ♦ y .•Li. �%l-VSG _: Rl v0 - _ ' jam'•. O P4C�SEO ` . 3 SCALE FE c l t - .. ROPERT M. . CHILES, P. E.' t ' ENGINEERS AND CONSULTANTS C�• 1 NSV BERN, NCRTH CAP.CUNA NNNESOTT ;iARNA _. 1 k4.1 JOB N0. 724 i T� ' i �. AUG. 15, I975 r-) C •.MT: / STATE OF NORTH CAROLINA ' M I)EPARTMENT'OF NATURAL AND ECONOMIC RESOURCES Box 27687 Raleigh 27611 JAMES E.HOLSHOUSER,IR. JAMES E.HARRINGTON GOVERNOR SECRETARY TELEPHONE Div. Marine Fisheries • AREA CODE 919-829-4384 PO Box 769 Morehead City,NC 28557 December 20, 1975 MEMORANDUM TO - John Parker From Bob Pittman Subject Requests for renewal of permits We have no objections to renewal and/or modifications to the following permits: No. 155-74 - N.C. State Ports Authority No. 140-74 - Mobil Oil Corporation " No. 114-73 - Indian Trace Co. (irenewal and modification) No. 46 -74 Owen B. Fulford No. 106-75 - Bradley Creek Marina - No objection to modification with additional condition: That the modified disposal area may contain no marshland. -------------- Bob Pittman ,.r ' DIVISION OF North Carolina Department of MARINE FISHERIES Natural & Economic Resources E°,"AR°DIRECTOR BOX 27537.RRLEIGH 27611 JAMES E. HOLSHOUSER,JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY 7ELEPHONE919829.3767 December 17, SCE DEC '1975 M E M 0 R A N D U M N C, DEPT. NFR p�p,RiNE FIS�EFIES TO: Review Agencies FROM: John John Park SUBJECT: Request for Permit Renewal The Department has received--a-request to--rena- mit #1r =73 that was issued to the Indian Trace Company via e 'ew Board Rule on July 17, 1973—. The permit ti;as renewed in January of this year and expires on January 31 , 1976 . `"p-. The applicant has just recently received his Department of the Army permit and is preparing to begin construction. T asked the applicant for an updated application to coincide with the plat that was approved by the Corps . Attached to this new material is a copy of the original application in order that you will be aware of the various changes. Any comment that you wish to submit on this request should be forwarded by January 12 in order that action can be taken. dg State of North Carolina ' ► De artment of Natural and Economic Resources P 7 PERMIT Renewal Permit N 114-73 TO EXCAVATE AND,`OR FILL i'. 0. E0X 1�.0 (Re: G. S. 1 13-229) 23401 Issued to: Indian Trace Company P. 0. Box 98 Arapahoe North Carolina 28510 Street Town-City State-Zip Code ' Pamlico This permit authorizes you to excavate and/or fill in Pan County, N. C. at Alligator Gut off Neuse River (Mirnesott Beach) as requested in your application dated 12/12/72 & attached plat subject to the, conditions set forth below. (1) That a plug be left at the proposed channel and existing basin junction until all spoil areas are stabilized so as to prevent siltation pollution. (2) That all septic tanks and nitrification lines be placed at the rear portion of the lots to eliminate the possibility of seepage into adjacent. waters. (3) That pump-out facilities be provided to handle waste from the marina dock area. J � (4) That all spoil be landscaped and seeded to reduce erosion. THIS PERMIT WILL BE VOIDED AND WORK STOPPED IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY. PERSONS FOUND GUILTY OF A VIOLATION UNDER G. S. 113-229 ARE SUBJECT TO A FINE OR IMPRISONMENT, OR BOT14. This permit, (as approved with conditions), may be objected to by the applicant or by interested State agencies within twenty days of the date of issuance by Diving written notice to the issuing office. If the applicant does not submit an objection, this will be interpreted as an agreement of compliance with all permit conditions. 'This permit must be displayed along with a copy of the application and the project map in the cab (or pilot-house) of the vehicle working on the project, or be easily accessible on site to Department personnel when the project is inspected. . Notify: Permit Section, Division of Marine Fisheries, Box 27687, Raleigh, North Carolina, 27611 when the project is completed. Any maintenance work or additional work on the project subsequent to the termination of this permit requires hermit renewal and/or modification. This permit shall terminate on January 31, 1976 t Signed by the authority of the Secretary of the Issuing Date: January 20, 1975 Department of Natural economic ReSOLITM Edward G NIcCuy, Commission Form D�f F Revised 10/74 Division of ;Marine Fisheries EPt �yER N, C. E1_?,q,e5 January 20, 1975 h�pR1~ti - M E M O R A N D U M -fff fffr TO: Secretary Harrington FROM: John Parver SUBJECT Indian Trace Co. P rmit This is with reference to your request for additional information on the proposal by the Indian Trace Co. and the ensuing difficulties to obtain a Federal Permit. As you may recall, the State permit for the proposed marina in Alligator Gut off the Neuse was submitted in January of 73. The permit request was denied on April 26, 1973 due to an objection submitted by the Wildlife Resources Commission. The Review Board overruled this objection and a permit was issued covering the requested marina cut. Incidentally, the- habitat and/or terrain involved is typical of the small wooded "creeklets" running out of relatively high ground along the north side of the Neuse River. There is a small amount of marsh at the mouth of this one. It (the marsh) lies adjacent to a small basin dug under an earlier permit. Unfortunately and regardless of permits, this natural area and its associated habitat will be significantly altered because of surrounding development. We quickly reach a point where land management is as important as a permit program. On December 30, 1974, Mr. Hardison asked that the State permit be renewed as is and that a modification might be forthcoming, depending on how the Federal interest=#114-73 the matter. In accordance with standard renewal procedure, p i i being renewed as of this date. The 'Wildlife Commission did remind us of their original objection. I discussed , this with Mr. Tilley and we concluded that it would not be fair or perhaps not legal to again deny the permit based on subject matter already over- ruled by a legally constituted. Review Board.. In recent weeks Doug Nelson of this Division has been meeting with the Secretary Harrington , Page 2 Of 2 January 20, 1975 applicant as a third party. His help resulted in an alternate plan which was apparently acceptable to the applicant and Federal interest. However, after further thought and consultation with his contractor, Mr. Hardison, et al, have apparently determined the alternate too expensive. At this point, I really have no suggestion to offer. While Doug and I would be happy to attend additional meetings, it may appear to Federal interest that we were there to persuade them to change their mind. I don't think this would be good. We work with representatives of the Department of Interior and the National Marine Fisheries Service routinely and have a relatively good rapport with them. Also, we must not lose sight of the fact that often they help protect North Carolina's environment when we run into problem areas. Generally, it is the Corps policy not to override objections from their review agencies. As you are aware, this is generally true of the State's system. At this point I could only suggest that Mr. Hardison continued to ask for on site meetings in the hope of reaching a common ground. If this fails he can appeal to the District Engineer and then, through channels, to the Department of the Army. I am returning herewith your file material. If you wish to review other file material or if I can -furnish additional, do not hesitate to contact me. dh bC- C) Ne soh arF. STATE OF NORTI-I CAROLINA DEPARTIVIENT OF NATURAL AND ECONOMIC RESOURCES 44 Box 27687 . Raleigh 27611 JAMES E.HOISHOUSER.JR. JAMES E.HARRINGrON _ GOVERNOR SEQR�TARY TELEPHONE KACA COOS 919-E29-49E4 Div. of Marine Fisheries P. 0. Box 769 Morehead City, N.C. 28557 Jan. 9, 1975 MEMORANDUM TO - John Parker From Doug Nelson Subject Req. for Permit renewal - Indian Trace Co. #114-73 (7) We have no objections to the renewal of this permit. Doug Nelson DIVISION OF North Carolina Department of MARINE FISHERIES i Natural & Economic Resources EDWARD G.DIR DIRECTOR McCOY BOX 27687.W.LEIGH 27611 JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY TELEPHONE 919 829-3767 January 7, 1975 3AA y ' C• pEPT• NER M' RI�iF F45NERlES MEMORANDUM TO: Review Agencies ---- FROM: John Parke - SUBJECT: Request for Permit Renewal The Departm nr has rece U a request to renew state permit #11,`:-73 that was issued too Indian Trace Co. on July 17, 1973. For the record, this permit was issued y irec e-�f-�rire` Review Board. It had initially been denied on April 26, 1973. The permit, nevertheless, carried conditions which made the project acceptable to most agencies. Additional modification may be required by Federal interest. However, we have no reason not to honor this request for permit renewal processing at this time. Any comments that you may wish to submit on this project should be forwarded by January 24 in order that action can be taken. dh DEVELOPERS - BUILDERS T, PHONE OF MINNESOTT BEACH / (919) 249-9591 CINDIANTRACE COMPANY P. O. BOX 98 ARAPAHOE, NORTH CAROLINA 28510 3^ . October 11, 1974 OCT ? N. C. DtPT. N" Mr. Jim Brown N. C. Division of Marine Fisheries P. 0. Box 769 Morehead City, North Carolina 28557 Dear Jim: We have just had a visit with Doug Nelson from your office and he has advised us that we should write ,you requesting a renewal of our Dredge and Fill Permit (No. 114-73). After visiting the site and reviewing a rough draft of our modified plat, Doug seems to think that there should be no problem with the State and he also was optimistic about getting the Federal permit. We are awaiting the modification olans from our engineer and upon receipt of them will forward a copy to you. Thank you for all the he1T and I will hope to see you at our next Marine Fisheries Committee meeting. Sincerer, Garvin B. Hardison cc: Mr. Jim Brown, Field Office U. S. Department of interior Fish and Wildlife Service Bureau of Sport Fisheries and Wildlife 310 New Bern Avenue Raleigh, North Carolina 27601 Mr. John Parker N. C. Department of Natural & Economic Resources P. 0. Box 27687 Raleigh, North Carolina 27611 1 Mr. Jim Brown — 2 cc: Mr. Randy Cheek National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Dr. Fred Fish Wildlife Resources Commission Albemarle Building Raleigh, North Carolina 27611 Honorable Walter B. Jones U. S. House of Representatives Washington, D. C. 20515 a PHONE .;LV ELOPERS N'l It.17WRS (9101 242-9l31ot -JF MINNE.30T1' BEACH INDIAN TRACE COMPANY R O. BOX 98 ARAPAHOE, NORTH CAROLINA 28510 October 11, 1974 Mr. Jim Brown `� h Field Office , s U. S. Department of Interior Fish and Wildlife Service Bureau of Sport Fisheries and Wildlife 310 New Bern Avenue Raleigh, North Carolina 27601 Dear Mr. Brown: In reference to our Corps of Engineers Dredge and Fill Permit No. AWKS 73-69-23-068, we have come up with A modification of our plans for our marina that we think will satisfy the requirements of your department. Accordingly, it has been recommended that we request an on-site inspection by the derartments involved. We will have all supporting documents in your hands within the next few days. Please advise us when it will be convenient for you to meet with us. Sincerely, Garvin B. Hardison cc:;,-Mr. Jim Brown N. C. Division of Marine Fisheries P. 0. Box 769 Morehead City, North Carolina 28557 Mr. John Parker N. C. Department of Natural & Economic Resources P. 0. Box 27687 Raleigh, North Carolina 27611 Mr. Randy Cheek National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Jim Brown - z cc: Dr. Fred Fish Wildlife Resources Commission Albemarle Building_ Paleigh, North Carolina 27611 Honorable Walter B. Jones U. S. House of Representatives Washington, D. C. 20515 0 J (Rev. 4/72) A PERMIT TO DREDGE OR FILL Permit No . 114-73 _ f Suite ot• North ('arolina Page 1 �� Deportment of Conservation and Development U 1 I, dian Tra °m — Name , �esG� es Drawer Street Address 1' j •. Town - City V" Pamlico — — NQ State County-project location ' This permit authorizes you t g o dredge and/or fill at Neuse River(Minnesott December 12, 1972, subject to the conditions in the block as requested in your permit application dated — below. _ See attached sheet for conditions. THIS PERMIT IS VOID IF THE ABOVE CONDITIONS ARE NOT PRECISELY FOLLOWED. Notification of project completion must be given this office. of the application and the project map in the cab or This permit must be displayed with a copy whichever applicable, or be easily accessible on pilot-house of the vehicle working on the project, nd Developm ntpersonnel. site to Department of Conservation This permit is terminated on n��pmber 3 �— . Any additional work or maintenance work on the project subsequent to the termination of this permit requires a new permit. interested be objected to by the applicant or by The permit, (as approved with conditions), may f issuance by giving written notice to the Department State agencies within twenty days of the date o of Conservation and Development. hat ted rth- The applicant is advised of the requirement under G. S. 146-6.1 tidelands, publicly owned moving equipment operating or to be operated in or on public y owne caned marshlands, or navigable waters within the State must be registered by beaches, publicly o Department of Water and Air Resources the owner of the equipment with the Dep' , Thomas L. Linton, Commissioner July 17, 1973 Division of Commercial & Sports Fisheries 1 Indian Trace Permit No. 114-73 . July 17, 1973 Page 2 of 2 CONDITIONS *That a plug be left at the proposed channel and existing basin junction until all spoil areas are stabilized so as to prevent siltation pollution. *That all septic tanks and nitrification lines be placed at the rear portion of the lots to eliminate the possibility of seepage into adjacent waters. *That pump-out facilities be provided to handle waste from the marina dock area. *That all spoil be landscaped and seeded to reduce erosion. Thomas L. Linton, Commissioner Division of Commercial & Sports Fisheries STATE O~ jdORTH CAROLINA \QR r Ac, ,D;��: . , , TMENT OF NATURAL AND ECONOMIC R � ESt� ,l611 /.� ��` �y� JAMES E.HOLSHOUSER,1R. •y j,/� � G� 09 GOVERNOR 1AMES L.HARRINGTON SECRETARY '�C) 7Ll Et'HONE l'' < ` AREA COOL 919.829-4984 Apr l 2 , 1�73 GO,�'y�00 n� Mr. Robert M. Chiles : :3 Tryon Palace Drive p� V Post Office Box 3496 (` New Bern, North Carolina 28560 Dear mr. Chiles: The applicati est that you submi ed for a state permit to excav and/or rill n the Neuse Riv r (Indian Trace Compan property) is ereby denied d to an objection r ved Burin t ate agency revi %: The objection submitted to your proposed project and the agency submitting same follows: Wildlife Resources Commission - objects to the project on t:.+: grounds that there will be a needless destruction of wildlife i::abitat, i.e. a natural stream bed and hardwood bottom land forest species. ;his objection relates to G.S. 113-229(e) (5) , adverse effect on wildlife . . . . When an application for a permit is denied, the applicant is entitled to a hearing as provided for in G.S. 113-229. He is also entitled to representation by counsel. This office must be notified within twnety (20) days from this date if a hearing is desired. Sincerely, T C>Umas L. Linton, Commissioner Division of Commercial & Sports Fisheries is a ST rt:. 40 STATE OF•NORTH CAROLINA i DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES dux 27687 Raleigh 27611 ROBERT W.SCOTT GOVERNOR CHARLES W.BRADSHAW,JR. SECRETARY Office of Fisheries and Wildlife Resources ORVILLE L.WOODHOUSE,DIRECTOR TELEPHONE 82"848 Mr. James T. Brown, Chief Estuarine Studies Section Date el Division of Commercial and Sports Fisheries �V Box 769 Morehead City, North Carolina Dear Mr, Brown: The attached copy of an 4pplication by I 544 ppl1 .an s-Name Z_11 Add ess for a State Permit to perform dredge and/or fill work in coastal North Carolina is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate below your comments on the proposed wp4 and return to the Division of Commercial and Sports Fisheries not later thanes NOTE: Recommend granting of permit Sincerely, with condition as noted in Pittman's memo. JT3 0' G;� Thomas L. Linton Commissioner REPLY: This Section has no objection to the proposed work. Comments concerning this application are attached. Signed J.T.Srown Date 2.39-73 Form D&F Fl • Rev, 6/72 DIVISION OF DIVISION OF COMMERCIAL AND SPORTS FISHERIES WILDLIFE RESOURCES TELEPHONE 829-3767 TELEPHONE 829.3391 ! 'STATE OF N,ORTH CAROLINA srAr,o W��� DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES Box 27687 Raleigh 27611 TAMES E.HARRINGTON DAMES E.HOLSHOUSER.IR. SECRETARY GOVERNOR TELEPHONE Div. Commercial and Sports Fish. AREA COOE 919-E29.4984 PO 769 Morehead City, N. C. 28557 January 30, 1973 I MEMORANDUM TO - Jim Brown From Bob Pittman Subject App. for permit - Indian Trace Company 12-12-72 Location - Pamlico County - Neuse River Investigated - Jan. 25, 1973 i` Environmental setting - The property is located on Neuse River north of and adjacent to the Minnesotte Country Club. The project area consists of a low wetland habitat type that extends from Neuse River back into the highland. The property on either side of the site is high, possibly exhibiting an elevation of 15-25' . The low area contains giant reedgrass (Spartina c.), sawgrass (Cladium) , and scattered through myrtle, cedar and cypress. An existing boat basin, about 200' long by 50' wide has been dug into the area from Neuse River. The basin is jettyed on either side at the junction with Neuse River. Applicant' s proposal - The applicant proposes to excavate a 3300' long by 75' wide access channel from the existing boat basin inland into the tract. The channel is to be 8' deep. In addition, a boat basin some 1500' long by 90' wide is to "tee" off the access channel on the north side. The entire channel and basin is to be bulkheaded by corrugated asbestos sheeting. The work is to be done by dragline with about 178,000 cu. yds. to be excavated. The spoil from the excavation is to be placed adjacent to the channel behind the bulkhead area. Environmental effects - The area to be excavated contains a minimal amount of giant reedgrass and sawgrass behind the existing boat basin. Proceeding inland from the basin, the site becomes dominated by typical wetland species. In view of marine fishery resources, I can foresee no major detriment if the project is completed as proposed. The are4 however, appears to be excellent wildlife habitat. In the event this per- mit is granted, I would recommend the following condition: That a "plug" be left at the channel-existing basin junction until all spoil areas are stabilized so as to prevent siltation pollution. Bob Pittman t i" M �a t I APPLICATION FOR PERMIT TO EXCAVATE OR FILL State of North Carolina Department of Conservation and Development Please type or print and fill in all blanks. If the information requested is not applicable, so indicate by placing N/A in the blank. I. Applicant Information: A. Name of applicant Indian Trace Company Last First Middle B. Address of applicant Drawer K. New Bern, Street, P. 0. Box or Route New Rern Nnr+h Carolina 28 560 OUR) 638-3042 City or Town State Zip Code Phone II. Location of Intended Operation: A. Name of county Pamlico B. 1. Name of city, town, community or landmark: M i nnesott Beach 2. Is proposed work within city limits? Yes x No C. Name of nearest creek, river, sound, bay, or state-owned lake. Neuse River III. Description of Operation: A. Purpose of excavation or fill 1. Access channel length—] 100yd c width 25 yd a depth 8 f+ 2. Boat basin length 500 yd s width 10 yd s depth 8 ft 3. Fill area length width depth 4. Other, length width depth (Note: If channel, give reason for needs of dimensions listed above.) . to provide natural flow and boat handling room B. 1. If bulkhead, give dimensions 8100 ft long along channel and around marina 2. Type of bulkhead construction (material) corrugated asbestos C. Excavated material 1. Cubic yards 178, 000 2. Type of material 80%sand 20% organic D. Fill material 1. Cubic yards 2. Type of material IV. Land Type, Spoil, and Construction Equipment: A. Does the area to be excavated include any marshland? Yes No x B. Does the disposal area contain any marshland? Yes No x C. Location of disposal area Adjacent to the channe 1 and boat harbors: D. How will spoil be entrapped or encased? behind bulkhead _ E. Type of equipment to be used drag I i ne and bu I (dozer (Note: Such equipment must be registered with the Department of Water & Air Resources) F. Will marshland be crossed in transporting equipment to project site? (If yes, explain) no V. Intended Use of Project. Describe: A. I. Private rps id n i a l waterf ron I o c 2. Commercial Marina - boat docks and s ry i p i Pr 3. Housing development or Industrial a i nor Imam iITrea i dent 'a 1 D&F-B1 Rev. 8/72 B •l: Lot size (s) ----1�QQQ ft min_imrrm 2• Elevation of lot(s) above mean high water ft 3. Soil type or texture fine sand A. Type of building facilities or structures res idences—sing I e fam i I y dwe I I i n is Marina- Steel buildings wood docks and piers 5. Method of sewage disposal or treatment septic tank and f ie I4ds VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yeses_No B. 1• Will any run off or discharge enter adjacent waters as a result of project activity or planned use the area following project completion? Yes No x 2. Type of discharge 3• Location of discharge E+xcaYated cpnd tQ he g) Iaces !ong broakwate^ VI I. Present rate of shoreline erosion (if known) none recorded 1 ' VIII. Will proposed facilities be accessible to the public or maintained for private use? beach ( I of owne s LL residences Marisa A. Public �3. Private C. Commercial IX. List Permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: M i nnean . . Cmintry C1 uh to clear mouth of existing channel Public Notice out Nov 10, 1972 X. Anticipated time required for project activity: Ill months XI. In addition to the completed application, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the tidelands, marshlands, or other properties adjoining the waters in question. OR If applicant is not claiming to be the owner of said property, then a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. (Note: Federal law requires the applicant to be the owner or lessee.) B. Attach a copy of a map (drawn on plain white paper, 8'/2" x 11", see instruction pamphlet page 5) of the area 'in which the proposed work will take place and on which the proposed work, spoil disposal area, etc., is shown. C. Has a copy of the application been served upon the adjacent riparian landowners in the manner provided by G. S. 113-229(g) (9) and (10)? If yes, enter date served. Yes dec21-- 1972No D. List the names and addresses of the riparian landowners with property adjoining applicant's tract. M i nnesott Golf and Country Club. M i nnesott Beach N C President- Mr. Clifford Sloan DATE December 12, 14?2 /t/DiAAl rZ q,:f Lc Applicant's Signature Send one completed copy each to: Permit Section District Engineer Division of Commercial & Sports Fisheries Department of the Army Departnxnt of Conservation and Development Wilmington District Corps of Engineers P. O. Box 27687 P. 0. Box 189(1 Raleigh, North Carolina 27611 Wilmington, North Carolina 28401 Da.r•-Kz (!Vote: attach Corp• cover letter) Row a 71 ..... .l...r... p,jNyya. ..*4Lw.w.�r...�..r......---r-ter. •L,.. ..� ..ti..-...-.L-.�.r..a..n.. .........�.+. ..—w 4 t r Y t cif ��,� l a♦ �, ,? ara '� y,� o VENT er' � •Pi 4%1..'� `�'�.,1 � 'raj, .. t• .�i - �•` y Cq`JNTM ROBERT M GHitF-S P. E. E,U6 %EERS CONSULTAATS w' . . MLW WIN N ORTk CziA JLf�fA �! f' �s'i^r��};)1 w/ + r •is '.l rs: a'.�..•». .Y.� !'T,. �� .•R�•- � < 1 fr »11 I/.. w . .'r'''�i� ..'v��. ,�Y l a . . .. r. e \ 3 i 4Q- (PROPOSED) TOWN HOUSES (PROPOSED) MARINA SITE s 9 i IO (PR PO YACHT CW f T _ --LINE - psOPERTY PRACTICE -- - - -- RANGE 1 L111 ----_ _ ___ _ TOWN -^tPQOPOSED) �. MOUSES 1 TENNIS COUR Li - PUTTING GREEN cWB HOUSE DEPARTMENT OF THE ARMY .•fig �1 ' WILMINGTON DISTRICT. CORPS OF ENGINEERS 70 P. O. BOX 1890 WILMINGTON. NORTH d IN REPLY REFER'TO SAWC078-N-069-003-0154 6 Jul 1978 w 0 :D-, 7 1978 � so In a Company' ► Wit. o Mr. Robert M. Chiles, P.E. �✓ PO x__ 49�-- -^ New Bern, NC 28560 Gentlemen: In accordance with the written request of 14 February 1978 and the ensuing administrative record, here is inclosed a permit modification to add excavation of an access channel from._the mouth of an existing canal to the minus 8-foot normal water level (NWL) contour in the Neuse River to work authorized by permit No. SAWKS73-69-23-068 dated 23 September 1975. The basic permit authorized excavation of a canal, boat basin, and marina area off the Neuse River at Minnesott Beach, Pamlico County, North Carolina. If any change in the authorized 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. Such action is necessary as revised plans must be reviewed and the permit modified. Please carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: 1. You must begin your work on or before 31 August 1979 and complete construction before- 31 December 1981. 2. You must notify this office in advance as to when you intend to commence and complete work. 3. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. The 'inclosed Notice of Authorization, ENG Form 4336, must be conspicuously ' displayed at your worksite. Sincerely yours, 2 Incl ADOLPH A. HIGHT 1. Permit Colonel, Corps of Engineers 2. ENG-Form 4336 District Engineer I 1 MA,INTENANCE DREDGING: (1) That when the work authorized herein includes periodic maintenance dredging,it may be performed 1 under this permit for 10 years from the date of issuance of this permit (ten years unless otherwise inckcated); and (2) That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. 11. Special Conditions(Here list conditions relating specifically to the proposed structure or work authorized by this permit tZV 1. All excavated materials will be confined above the mean high water z elevation landward of adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. o I 2. The terminal end of the pipeline from the dredge into the retention area will be positioned at or greater than 50 feet from any part of the i dike and at a maximum distance from spillways to allow adequate settlement of suspended solids. 3. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to insure maximum settlement of suspended solids. 4. Flow from the diked retention area will be contained by pipe, trough, or similar device to a point at or below the normal low water (NLW) to prevent gully erosion and resultant unnecessary siltation. 5. No excavated or fill materials will be placed at anytime in any marshes or waters of the state. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. INDIAN TRACE COMPANY V R as i PERMITTEE DATE Title BY AUTHORITY OF THE SECRETARY OF THE ARMY: DATE DISTRICT ENGINEER, U.S.ARMY,CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and cony'ions of this permit. TRANSFEREE DATE 1p V r ►,dal P�-..�[,t;.G. 1 � �y 311 '��,I •a 4 4 ��l ,���`.-'.`�6 ^"'L�'• *t�;-'~/ 11��/�✓sji� 4ri'�er..�r � r ' ;�.i01 JI �� Ip-.J _- 1\ate .jY_ I �I{ 1 V {V!!•It� ✓e-�;4 Y. - �--.�.., .... ....,......_ _ ..tom 1 19�q Yq c rri MAR F\Sti Jj SAW;078-3-j�9-Uuj-015 D�AGE °} -1 i dl"C.�1 979 Or. and Firs. Keith A. 'wolfenbarger 353 :est Fifth Street ljoisington, iS 6754 Dear Dr. and Mrs. Wolfenbarger: Reference is made to 6te-aartment of the Array permit issued to Indian Trace W:,pany to excavate are access channel from an exiting canal Lo the minus is-root nomial low cuter (.11d) contour elevation in tn-o Nause hiver at <iioinesott beach, pa►qlico Lounty, :!orth Carolina, and to your written re4Qa5t_of 7 ;.'arch 1974 to have t;.e permit eiiarz ed to your na:.es Th is taereby transferred to yet•and includes the work as shown on Vie inclosed- tan.—t r, =rs is 3 that all ccndi ti c ns of Vie original per.3-i t am appl i cavil a and that the exp i ruti on date of 31 ,rec tuber ` 1931 reLiai ns the sa<w. If there are any questions, please contact fir. ?hest Jolly, :Lqulatory Functions isranoi, tolePoone (31g) 3 3- u3fi. BY AUTHORITY OF TiiE SECRETARY OF THE ARJY: I 1 I,�cl ADOI.PN A. 1lMNT Plan Colonel , Corps of Engineers District Engineer Blind CF w/Ir,cl : Director, Atlantic Narine Center Mr. R. D. Nelson National Ocean Survey, 11OA+ tlC Division of iiarine Fisheries ATTw 439 W. York Street P Box renead6City, NC 23557 Norfolk, VA 2351U e a r, tp ,�. o 6 _. . r� �" --tt j rz b-uwuuLw, Kyump-11 J _ Laatio}.j �aP AJWr-A, 14 CG i� �A 1 ,,.�,,, .�:.,wr.�sl,/►- I �L�r�iEV C:+�'.W�lEr`�. � �n3'El�v �) tod ' r �` I�-+.�17�•::.t,i_.ro l P;irJ�•d/i��.. , i t�tKf.� mlvj S E67 r 4R11�r�.�c' ►�l 1D • 10 zw rtiJ►1 bhtA. 1'r V, uo, 6Y. UtL`"