HomeMy WebLinkAbout20191111 Ver 2_CAMA Application_20200217Exhibit B
TARpp/y 1
Ct 7
liE.L QQ
jo...• is �� d�
�2• At A,
SIR - e C;.b P•1
i" eGi a• ` / b
• a ', +�,,
G
LJ
��
•e d /
/~ �• •
C.S' Al.
`\�
0
u
FNVER
1�
NEUSE
r 0.4 At
N.L ►2
De4atl 11
LEGEND
-----
\•'Cni 6P�(, 1AI;j,�CJ
ftfCIN"CJOONWNGTILOV6CH4NNE1____—
!�
"Lc�t y9: r•��(AgG</,t
— EL EC r*Cwr fOUNMNG9 So' EAS1 Or CHANNEL
f � � � � I • 9 i.
•
• tNEENCHANNEL MANNER
� GREEN CAN CN4hwFL HARKEN
L 1915 fY t�
4C r SEAL
p GREEN F"E CHANNEL .IANNE/I
♦ RED CN4NNEL MARREN
��UA��:' •� 6532
f CN4etot
tillaa
NOi£.
A1150II/7F SDI/N(1/NrT ARF. SHOWN/NFFFT,
NOTES:
1. APPLICANT : TOWN OF ORIENTAL
PO BOX 472
ORIENTAL, NC 28571
2. PARCEL INFORMATION SHOWN BASED ON PAMILCO COUNTY GIS DATA. THIS T T T
SHALL NOT BE CONSIDERED A BOUNDARY SURVEY. ALL INFORMATION IS I I I I T
PRELIMINARY AND SHOULD BE USED FOR DISCUSSION PURPOSES ONLY. I A. I
3. WATER DEPTHS COLLECTED AND PROVIDED BY THE TOWN OF ORIENTAL ON
01/25/2020. ALL DEPTHS BASED ON NWL. I I
4. PROPOSED WORK:
A. DREDGING OF A 3,163 LF CHANNEL \
- 104 FT WIDTH l
- MAXIMUM DEPTH -8.0 FT (NWL) I .
- 80 FT BOX CUT WITH 2:1 SLOPES (104' FINAL WIDTH)
- MAXIMUM VOLUME 20.000 CU YRDS
APPROX. EXISTING
CHANNEL MARKER
NEU5E RIVER
*PARCEL & AERIAL DATA SHOWN,
BASED ON COUNTY GIS DATA.
F
L, J
APPROXIMATE
EXISTING CHANNEL
(PER 1996 PERMIT)
TO BE DREDGED
(3,
>r
APPROX. EXI5TI
CHANNEL MARKS
-3C0 +3G10'+
+-4.00'
+-4-50
+-sue +-s
+-7.00'
+-4.00' -6so'+ +,+
+-7.00' +--3.00'
+-7.501 -5.00'+ 3 _
+-750' +-300'
+ 5-5
+-530' +-3.00'
'
+-430' +-350'
+-5.00' 7.00 -6-w
+-6.00' +-650'
+-550' +-6.G17'
+-6.00'
+-730'
+-6.00'
+- wl
L.
WHITTAKER
POINTS
MARINA
THIS MAP IS NOT A
CERTIFIED SURVEY
I AND HAS NOT BEEN
REVIEWED BY A
LOCAL GOVERNMENT
_ AGENCY FOR
COMPLIANCE WITH
ANY APPLICABLE
LAND DEVELOPMENT
REGULATIONS.
O
U
ar�
v
O
U
Fj
lrv�hy�j
J
Q
pw
A
N
��I
Q
Z
J
W
a
z
W
O
)
�
� z
N
w
J
U
OQ
O
z
U
2
J
a
=
a
O
O
z
w
0
o
L.
O
[�
�
O
z
3
O
F-
o
zQ
}cn QOwQ'z w
o-
�wQw
ONN W Z cnOS}cn��H
W U � " O o
w
O H W 0 �
NI— U7p0zo lzZZZ' V7U
Oa ww wzoz-Qzwcn
N U= n' z Z W Z 0 Z 0
=(n �w
OQ cnWOZUOW�OZ _Z
z Q O� W 7 o U W U v7
CL z �Qn�wooQ�
OJ ��'O U =w0o<rZ
m U J Q m H D D D O w
O m Z z— U
ao—w cn�wz�Ww>
=aQ ?w,uw° �o
(n U
O
•- r N
m O
a o �
Exhibit H Spratt Property (Chas 1, LLC)
Sea Harbour Yacht Club Spoils Site Exhibit H, Page 2
EXHIBIT I
�1
TYPI�,� CROSS-S�cT�oN GF P�GPOSF D D�EaX—f.�;C .
C) gvtHIiTAKER CREEK C-ANN�L�
//30/2020
kly"I�T
Diane Miller
From: Sara Delamar <sara@delamarlaw.com>
Sent: Friday, January 24, 2020 11:18 AM
To: manager@townoforiental.com
Subject: FW: Town of Oriental question
Follow Up Flag: Follow up
Flag Status: Flagged
Let me know if this will work.
Thanks
Sara
WIRE TRANSFERS:
Be warned and BE AWARE: Online Banking FRAUD is on the RISE. If you receive an email containing WIRE TRANSFER
INSTRUCTIONS purportedly from us or your attorney, lender or agent, call the SENDER at a good, known number not
included in the wire instructions to verify the information PRIOR TO SENDING FUNDS.
SARA L. DELAMAR
DELAMAR ELAMAR, PLLC, ATTORNEYS AT LAW
408 MAIN STREET
POST OFFICE BOX 411
BAYBORO,N.C.28515
PHONE: (252) 745-3222; Fax: (252) 745-7477
From: Martin Spratt <mspratt0617@gmail.com>
Sent: Friday, January 24, 2020 11:16 AM
To: Sara Delamar <sara@delamarlaw.com>
Subject: Re: Town of Oriental question
Hi Sara. I am completely ok with this. The only thing I ask is that they leave all areas of my property in as good condition
as when they started. I'll be back in town first week of February. Thanks, Martin
On Fri, Jan 24, 2020, 6:51 AM Sara Delamar <sara@delamarlaw.com> wrote:
Martin,
The Town of Oriental needs written (or emailed) permission from you to cross Parcels J083-24-6-1 and J083-24 in order
to access their dredge site. If you are okay with that, can you send me an email confirming they can do so and I will
forward it to the Town? Dianne Miller called me today to make the request since she doesn't have your contact
information.
WIRE TRANSFERS:
Be warned and
BE AWARE: Online
Banking
FRAUD is on the RISE. If you receive an email
containing WIRE TRANSFER
INSTRUCTIONS
purportedly from us
or your
attorney, lender or agent, call the SENDER at
a good, known number not
included in the
wire instructions to
verify the
information PRIOR TO SENDING FUNDS,
SARA L. DELAMAR
DELAMAR & DELAMAR, PLLC, ATTORNEYS AT LAW
408 MAIN STREET
POST OFFICE BOX 4l 1
BAVBORo,N.C.285i5
PHONE: (252) 745-3222; FAX: (252) 745-7477
TOWN OF ORIENTAL
PO Office Box 472
Oriental, North Carolina 28571
(252) 249-0555 � Fax (252) 249-0208
www.townoforiental.com
manager@townoforiental.com
January 31, 2020
LAMA offices
C/O Kelly Spivey, Washington Office
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Spivey,
The Town of Oriental currently holds a CAMA Major Permit for the Restoration of Whittaker Pointe
shoreline on the North side of the Neuse River in Oriental, Pamlico County, permit #97-19, a $3M
project involving US Fish and Wildlife, NCDEQ, USDA, and the Golden Leaf Foundation. The permitted
activities include significant structures, plantings, oyster placement attempting to prevent the
overwash/ accelerated erosion of a protective peninsula which covers the mouth of Whittaker Creek
and protects the largest economic driver and one-third of the Town's residential waterfront properties
from shoaling further and restricting access for boating traffic to those assets, and thus the tourist
economy of the Town.
The original project, at scoping was Knitted together, as the erosion and overwash at the Pointe was
exacerbating the shoaling in the approach to commercial and residential properties. At that scoping,
and shortly thereafter, the projects were separated. The continual conversation concerning the permits
have been confused to the point where the major permit for the restoration was granted and the permit
for the dredging was not furthered.
We would like to make a minor amendment to the existing permit 97-19 to include the dredge of
Whittaker Creel< as a necessary part of the original project. NCDEQ has granted project # 7323 at
$218,744.00 matched by citizen/business contributions totaling $109,372,00 held in reserve for this
specific project.
The dredge was proposed and the project extended so that the dredge would not be fruitless, having
dredged and not protected the shoreline from overwash would render the dredging pointless. As we
have secured the major permit, and are out to bid for the Pointe project, we are ready to proceed with
dredging the creek.
The original permit for the 1996 dredging was permitted and performed by the State under permit #
157-96, and is depicted in Exhibits A, B, and C. The original dredge was for 3200' X 104' X8'. The
proposed dredge of the creek intends a smaller footprint, (3163' X 104' X8') remaining to the outer
(river -ward) section of the original, between markers 3(noted) and 7(above green arrow)entering the
creek (Exhibit D), and excavating up to 20,000 cu yds.
In addition, permit 38-05 is in process of renewal for the Sea Harbour Yacht and Condominiums, Inc.
(SITYC) Spoils Site, used for a recent dredge of Pierce Creek under the same permit number. The Town
has leased from SITYC and cleaned out that site in preparation for this dredge and it is ready to accept
new spoils as soon as the permit is renewed. (Exhibits E,F,G, Appendix 1). The site is a 11.63 acre plat
with permanent piping in place to get the spoils to the site overland, 6.5 acres of which are the spoils
basins. This dredge will use pipe that goes over land belonging to Sea Harbour and with permission
from Mr. Martin Spratt, owner of undeveloped land contiguous to the site (Exhibit 1). The four separate
pits in the site have been excavated and spillways inspected and cleared in order to accept new
material. (Exhibit H). In addition, the depth of excavation (81) remains the same as that requested in
1996 (Exhibit 1).
The Town is prepared to forward any additional material or informationthat is required to forward this
amendment as expeditiously as possible and make this dredge happen prior to when the granted
NCDEQ project 7323 runs out June 30, 2020.
Please let me Know if there is any additional information required. Thanl<you so very much far your
assistance in securing this amendment.
Since�[/`/
64 )VIY4
Diane H. Miller, MPA, ICMA-CM, Town Manager/ Project Manager
�ativn of OrientaC P.O. Box 47z Or%entaC, NC z857i
K
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
TO: Anthony Scarbraugh, NCDWR
THROUGH: Kelly Spivey
FROM: Kevin Hart
DATE: 10 February 2020
SUBJECT: Modification of CAMA Permit No. 97-19 (SAW No. 2019-00191 and DWR
Project No. 2019-1111) issued to Town of Oriental and Robert Buck for the
restoration of Whittaker Pointe.
CAMA Major Permit No. 97-19 was issued to the Town of Oriental and Robert Buck on 19
December 2019 to restore the shoreline of Whittaker Point, end of Maritime Dr., Oriental, Pamlico
County with 1,592ft of rip rap, 676ft of oyster bags, 25ft x 18ft jetty which would create 19,769
sq ft of coastal wetlands and 11,878 sq ft of high ground. The permit has an expiration date of
December 31, 2022. At this time no work has been performed at the project site.
On 9 February 2020, the Washington District received a request to modify Major Permit No. 97-
19. The applicant is proposing to dredge a 3,163ft x 104ft wide x -8ft below NWL channel in
Whittaker Creek, Oriental, Pamlico County. Whittaker Creek is classified as a Primary Nursery
Area by the North Carolina Marine Fisheries Commission and as SA; HQW, and NSW by the
Environmental Management Commission. Whittaker Creek is closed to shell fishing at the project
site. The Town of Oriental is proposing to use the Sea Harbor Yacht Club Spoil site for disposal
of the material (CAMA Major Permit No. 3 8-05, expiration date 31 December 2019, under renewal
review).
The modification as proposed is consistent with previously permitted CAMA Major Permit 157-
96 issued on 5 November 1996 that expired on 31 December 1999. This permit was issued to the
County of Pamlico to dredge a 2,800ft long x 104ft wide x -8ft below NWL channel in Whittaker
Creek. CAMA Major Permit 157-96 was a re -issuance of North Carolina Department of Natural
and Economic Resources permit No. 39-79 that was issued to the County of Pamlico on 10 March
1976 and expired on 31 December 1978 that allowed a 3,200ft long x 104ft wide x -8ft below
NWL channel. According to the North Carolina Division of Marine Fisheries 14 January 1976
memorandum from Bob Pittman to Jim Brown, this channel has been excavated in the late 1960s
and early 1970s. The Town of Oriental states that the channel was also excavated under the 1996
permit.Both permits that were previously issued for excavation in Whittaker Creek included a 1
April to September 30 in water work moratorium.
Nothing Compares----,
State of North Carolina I Environmental Quality I Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252 946 6481
Please provide comments to Gregg Bodnar, DCM Assistant Major Permit Coordinator
within two weeks.
ATTACHMENTS
CC: Anne Deaton, NCDMF
Maria Dunn, NCWRC
Josh Pelletier, USACE
Gregg Bodnar, NCDMF
Samir Dumpor, NCDEMLR
Nothing Compares_
State of North Carolina I Environmental Quality I Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252 946 6481
el
fthbit Class
NEW
STATE
Department of Env
X Major Devi
pursuant to
X Excavation and/or
INA
tural Resources
Concern
QLIlJJ� v\DLQ'
j5dcsdii to NCGS 113.229
Issued to County of Pamlico P. O Box 776 Bayboro, NC 28515
authorizing development in Pamlico County at Whittaker Creek channel
Permit Number
157-96
, as requested in the permittee's application dated 11/13/95 including attached worlmlan
drawings 4 dated received 7/25/96.
This permit, issued on \\ — S —QNQ , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Dredging Moratorium
1) In order to protect juvenile shrimp and frnfrsh populations of the Whittaker Creek Primary Nursery
Area, no excavation or filling will be permitted between April 1 and September 30 of any year
without prior approval of the Division of Coastal Management in consultation with the Division of
Marine Fisheries.
Excavation
2) Excavation will not exceed 8 feet below the elevation of mean low water (MLW).
3) No marsh grass will be excavated and/or filled.
attached sheet for Additional
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation orcontinuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger WSchecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
County of Pamlico Permit #157-96
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
Spoil Containment
5) The diked disposal area will be constructed a sufficient distance from the nean high water level or
any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters.
The spoil site is to be located according to the application as shown on the site plan dated 8/21/95
and the areial photograph dated July 1996.
6) In order to protect water quality, effluent must not visibly increase the amount of suspended
sediments in adjacent waters.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must
be filed at least thirty (30) days prior to the beginning of any land -disturbing activity.
Submit this plan to the Department of Environment, Health and Natural Resources, Land
Quality Section, 1424 Carolina Avenue, Washington, NC 27889.
7) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
8) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond
the normal water level to prevent gully erosion and unnecessary siltation.
9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part
of the dike and a maximum distance from spillways to allow settlement of suspended solids. Special
attention must be provided under this condition to preculde sediments from reaching the western
branch of the Creek.
10 A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
11) In order to protect water quality, effluent must not visibly increase the amount of suspended
sediments in adjacent waters.
12) The dike will be properly graded and provided a ground cover sufficient to restrain erosion within
thirty (30) working days of project completion.
NOTE: This project may create mosquito breeding problems. For information regarding appropriate
mosquito control measures, contact the Division of Environmental Health at 919/726-8970.
FA
Archaeological Resources
NOTE: The permittee is hereby notified that this project should be undertaken with caution. If
during construction, submerged archaeological materials are encountered, such as shipwreck
remains, it is the responsibility of the Army Corps of Engineers -Wilmington District, to
notify the Division of Archives and History immediately, pursuant to Section 106 of the
National Historic Preservation Act of 1966. Work in the immediate area shall cease and the
COE and the Division of Coastal Manageemat shall be notified.
NOTE: The Division of Water Quality authorized this project on October 28, 1996 under General
Water Quality Certification No. 3025.