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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.