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HomeMy WebLinkAbout20050226 Ver 1_Complete File_20050119 ~ 'Us-oaz(P ~ . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO April 13, 2005 Regulatory Division Action ill No. 200510443 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 ~@@@nw@@ APR 15' 2005 DENR W. 11E7zN.'Ds..vm s~'[:t QUALITY MlVATER BRAliCJ.t Dear Mr. Huggett: Reference the application of Henry Frazer for a Department of the Army pennit to install vinyl bulkhead and conduct new and maintenance dredging at an existing marina, located off Midyette Street, adjacent to Camp Creek, in Oriental, Pamlico County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this pennit must be performed in strict compliance with the modified plans, which are a part of this pennit. Any additional modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the pennittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOANNATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. t! . , -2- 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 8. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 9. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 10. Excavation will not exceed -5 feet below the elevation of mean low water. .... , -3- 11. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this pcrmit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The pcrmittee shall employ all sedimentation and erosion control measures necessary to prevent an incrcase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTD's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTD's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTD's or less in trout waters, are not considered significant. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the \Vilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, U4~ Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 ~ , -4- o 5 - 0 2 Zip ..;...........i-'....'>-:--';~.................:.->"'>.,........>-'...->-.....~. ~ Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources Coastal Resau:~s Commission ~ [g@rn DWcg @ ~trmit APR 2 1 2005 for \',cnZ7D~~j~1~~~~UTY , X Major Development in an Area of Environmental Concern 1\ R BRANCH pursuant to NCGS 113A-118 ...K- Excavation and/or filling pursuant to NCGS 113-229 Issued to Henry Frazier, PO Box 88, Oriental, NC 28571 Authorizing development in Pamlico County at Camp Creek at 305 Midyette Street, Oriental , as requested in the permittee's application dated 11/19/04. including 1 attached the workplan drawings (2), I dated revised bv DCM 4!l3/05 and I dated 11/19/04 ~ ( ~ I }. *- ( {. This permit, issucd on April 18,2005 , is subject to compliance with the application (where consistent with thc pennit), all applicable regulations, special conditions and notes set forth below. Any violation of these tem1S may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation I ) ;\0 c:\cavation shall take place any time outside of the alignment of the area indicated on the attached workplan drawing dated revised by DCM 4113/05. ~ ~ ~ }, }. }. * z ::: ~ ), ~ 2) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April I and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the Army Corps of Engineers. 3) The requirements of Condition No. 2 of this permit may be waived if a properly installed turbidity curtain encircles the area to be excavated. The curtain shall be in place prior to the initiation of any c:\ca\'atiol1 activities, and a 24-hour period after completion of excavation shall elapse prior to curtain rcmoval to prevcnt unnecessary siltation into the adjacent water body. (See attached sheets for Additional Conditions) ~ ~ *- 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 or I continuance as the case may be. I ~ ~ This pennit mllst be accessible on-site to Department personnel when the project is inspected for compliance. t/II b' Char S. Jones, Director /Division of Coastal Management ~ 7) t ~ t i X) ., " }. ~ I ? 9) ~ ,. * ~ J, {- 10) ~ !. t I I ~ 14) Henry Frazier Permit #59-05 Page 2 of 4 ADDITIONAL CONDITIONS 4) Excavation shall not exceed -5 feet below the normal water level. In no case shaH the depth of excavation exceed the depth of connecting waters. 5) No vegetated wetlands shaH be excavated, even temporarily. Spoil Disposal 6) All excavated materials shaH be confined .above the normal water line 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. No spoi I material is to be placed within 30 feet of the normal water line, except that which may be used to backfill the area behind the bulkhead. The disposal area shall be constructed a sufficient distance from the norn1al water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Shoreline Stabilization II) The alignment of the authorized bulkhead shaH be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shaH require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of !Y. construction. }. ~ f. I 7- }. ~ ~ J. }. ~ ~ f. I ~ ~ Y. The bulkhead shall be constructed prior to any backfilling activities. The bulkhead shaH be structurally tight so as to prevent seepage of backfill materials through the structure. 12 ) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 13 ) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris shall not be used. Cultural Resources The project site is located in an area having a high probability of containing cultural resources, such as shipwreck remains. If such materials are encountered, the permittee shall immediately stop work and nuti fy the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4629, and the N.C. Division of Coastal Management at (252) 808-2808. ;, X .; L___"",.""""""""",_~"""""",,,,,_.,,,,_,,''''''''_''''''''''''''''_~''_ f...........--':-'J_..<':...~;,.....;"^..~~..~~. ~ Henry Frazier I I ~ *- I I I *- ~ I ~ ? I I }. The authorized structure and associated activity shall not cause an unacceptablc interference with f ~ ~ ~ " }. .' :\OTE: The permittee is advised that should he choose to remove portions of the docking facilities ~ If. located within 15 feet of either adjacent riparian corridor, such structures may not be able to be J reconstructed without first obtaining a riparian corridor waiver from that adjacent riparian , . property owner. : I , t..... ~~"""""?""r'''''''/''--''''''''''''''''r''''''''''''''~~~",,>~:::: ::::: >'>->-::::c::::::::::::,:::::;:::: :~:;:;:::::::::; l::::::: :::::::: ::::: l:::: ::::::::::;~;:;::::::::~::::: >.o:~ J~;:Q::;:"). . >V- . r: 15) y, t 16) 17) IX) :( ~ 119) :( {. :( I 20) * ~ y, ;; I. .'. 21 ) ~ II.*- 22) ~ ~~ '( 23) Permit #59-05 Page 3 of 4 ADDITIONAL CONDITIONS Sedimentation and Erosion Control In order to protect water quality, runoff from construction sha1l not visibly increase the amount of suspended sediments in adjacent waters. Appropriate sedimentation and erosion control devices, measures or structures sha1l be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). A1l disturbed areas sha1l be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General I The permittee and/or his contractor shall meet on site with a representative of the Division prior to f project initiation. The permittee understands and agrees that, if future operations by the United States rcquircs the removal, relocation, or other alteration of the structure or work authorized by this pernlit, or if in the opinion of the Sccretary of the Army or his authorized representative, said structure or work shall causc unreasonablc obstruction to free navigation of the navigable waters, the permittee shall be required, upon duc noticc from thc Corps of Engineers, to remove, rclocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of 1\'orth Carolina. No claim shall be made against thc United States or the state of 1\'orth Carolina on account of any such rcmoval or alteration. If a court of competent jurisdiction determines that a party other than the permittee has Icgal titlc to any part of the arca approved for devclopment under this permit, this permit shall be nu1l and void as to the area thc court determines is not owned by the pcrnlittee. This condition shall take effect on the datc such court judgment becomes final. In such event, the permittec shall consult OeM prior to initiating or continuing any further developmcnt under this permit. This permit does not authorize the constmction of any new docking facilities or boat slips, or any recontiguration or replacement of existing structures. Any future request for new slips or docking facilitics shall rcquirc a modification of this permit. No attcmpt sha1l be made by the permittee to prevent the fu1l and frce use by the public of all navigable waters at or adjaccnt to the authorized work. na\'igatiun. Henry Frazier ~ NOTE: }. NOTE: NOTE: ~ NOTE: J. I ~ .... 'r :( '.. 'r ~ { ~ ~ * ~ 'r ~ ~ ::: }. }. ~ ~ x }. 5: .r: * 7- }. t }. X ). * x I. ~ i, i. ~ :~ :< Permit #59-05 Page 4 of 4 ADDITIONAL CONDITIONS This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. Th.e N.C. Division of Water Quality has authorized the proposed project under General Water . Quality Certification No. 3490 (DWQ Project No. 050226), which was issued on 3/3/05. . The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510443. I I ~ I ~ I ~\.~;.;...../...:.-:..:.. ;..,.;M:.':..-...,.....~..;..:.-;......:.........?.~<-~.--~~n-~:::~::::::::::::::: c ~~ ~:: ~: c::::;:;:::: ~;c~:::::::::::::: l ~::: c:;::::: ~;"-'--..->o'~ of( W A II2/f O"'~C; ~(lJWO)~ o h~. __'~'---. " '\ --'-.;,;7 ,,~ Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. r.E. Director Division of Water Quality March 3, 2005 DWQ Project # 05-0226 Pamlico County Mr. Henry Frazer P.O. Box 88 Oriental, NC, 28571 Subject Property: 305 Midyette St, adjacent to Camp Creek, Town of Oriental Camp Creek, Class SC HQW NSW Approval of 401 Water Quality Certification (GC3351) with Additional Conditions Dear Mr. Frazer: You have our approval, in accordance with the attached conditions, to dredge or place fill material within 0.406 acrcs of waters to install a bulkhead and conduct maintenance dredging in association with an existing marina as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on January 19,2005. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3490 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Arn1y Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, statc and local requirements before you go ahead with your project including (but not limited to) crosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAi'!A Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) excecd onc acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) 404/CAMA Wetlands 0.406 (acres) DCM field report N~rthCarolina .Nil tllrally 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/lntemet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Henry Frazer Page 2 of2 March 3, 2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3490. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAl\fA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you ~eceive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Adrninistrative, Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 ofthe Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. A WK/cbk Sincerely, rACJ:;;;~0 Enclosures: GC 3490 Certification of Completion cc: Roger Schecter, 206 Margo Ct, New Bern, NC, 28562 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 050226Frazer(Pam1ico )401 AVA ~CDE~R North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Jalluary 14, 2005 FROM: Doug Huggett Major Permits Proccssing Coordinator I.:,) ''?:J@ ~I i~~ D i' > ~ ' J~D \ /7,f?:: r-,) lJ L1 LS \.1 '- L;:~ h --I"~ !. J AN 1 9 ?o L:/ ~n5 .;or pENR - WAT ,'~ 1/iJ\'DSA:!D STC€~.~.u.'3L1Ty 11"'hhl::FII3R;" '..., 1. '\,..t~ MEMORANDUM: TO: Cyndi Karoly . Environmental Biological Supervisor Division of Water Quality SUBJECT: CAMA/DREDGE & FILL Pennit Application Review Applicant: Henry Frazer Project Location: Pamlico County, 305 Midyettc Street, adjaccnt to Camp Crcck, Town ofOricntal. Proposed Project: Proposes to installl 0 1 ' vinyl bulkhcad, and conduct new and maintenancc dredging in association with an existing commcrcial marina. Pleasc indicatc bclow your agency's position or viewpoint on thc proposed project and return this form by Fcbruary 3,2005. If you have any questions rcgarding thc proposed projcct, plcase contact Stcphen Lanc at (252) 808-2808. When appropriate, in-depth comments with supporting data is rcquested. REPLY: _ This agency has no objection to the project as proposed. _ This agency has no comment on the proposed project. _ This agency approves of the project only if the recommended changes are incorporated. See attached. _ This agency objccts to thc projcct for rcasons dcscribcd in thc attached commcnts. SIGNED DATE 151-8 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper " . Development Type I. Private. non-commercial developmcnllJ1at does not involve L'le filling or excavation of any wetlands or open water areas: II. Public or commercial development L'lat does not involve the filling or excavation of any wetlands or open water areas: III. For developmenlthal involves the filling andlor excavation of up to 1 acre of wetlands andlor open water areas. determine if A, 8, C. or D below applies: III(A). For Private, non-commercial development. If General water Quality Certification NO.3301 (see attached) can be applied: 111(8): For public or commercial develcpment. if General waler Quali~f Certification No.3301 (see attached) can be applied: III (C). If General Water Quality Certification No. 3301 (see attached) could be applied. but DCM staff determined thai additional review and written DWQ concurrence is needed because of concems related to waler quality or aquatic life: 111(D). If Gener.ll Water Quality Certification No. 3301 (see a~.ached) n not be applied: IV. For development that involves the filling andlor excavation of more than one acre of wetlands andlor cpen water areas: $250 $400 $400 $400 'I. DCM 'Y. (14300160143510009316256253\ 1 OO~'. (S250) 100% ($400) 100% ($250) 100% ($400) 60% (S240) 60% (S240) 60% (S285) DWQ% 124200160243510009523411 0% (SO) 0% (SO) 0% (SO) 0% (SO) 40% ($160) 40% (SI60) 40% (SI90) DIVISION OF COASTAL lVIANAGElVIENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Henry Frazer 2. LOCATION OF PROJECT SITE: To access the project site follow Hwy 55 East into the Town of Oriental. Hwy 55 turns into Broad Street as it runs thru Oriental. Continue on Broad Street and turn right onto Hodges Street, go one block, then turn left onto Midyette Street. The project is located at 305 Midyette Street and is adjacent to Camp Creek in Pamlico County. Photo Index - 2000:78-859( Indexed by V, 19-20) 1995: 78-852(Indexed by G-H,2-3) State Plane Coordinates - X:2688600 Y:472400 Rover# M121419A 3. INVESTIGATION TYPE: CAlYIA and Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - December 14,2004 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete: January 6, 2005 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Mixed Use/Conservation (B) AEC(s) Involved: ES, EW, PTA, (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Bay River IVletropolitan Sewer System Planned - None (F) Type of Structures: Existing - Residential structure, marina clubhouse, riprap, fixed docks and boathouse with a total of 14 slips Planned - Vinyl bulkhead. (G) Estimated Annual Rate of Erosion: None Source - Personal observation during site visit. 7. HABITAT DESCRIPTION: - - _ n - "-- -.----..-.. --- (A) EstuarineWaters and Public Trust 17,384 sq. ft., 270 sq. ft. for Area of Camp Creek of which bulkhead below 1,900 sq. ft. is the NWL maintenance - (B) Estuarine Shoreline 1,750 sq. ft. for backfill behind the bulkhead DREDGED [AREA] FILLED OTHER (D) Total Area Disturbed: 19,404 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SC; HQW, NSW Secondary Nursery Area: Yes Open: No 8. PROJECT SUMMARY: The applicant proposes to install 101 ' of vinyl bulkhead, and conduct new and maintenance dredging in association with an existing commercial marina. FIELD INVESTIGATION REPORT: HJ Outdoors, LLC PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting HJ Outdoors, LLC owns a 0.75 acre tract of land at 305 Midyette Street adjacent to Camp Creek in Oriental, Pamlico County, North Carolina. The site is currently used as a commercial marina. The set of four docks contain a total of 14 boat slips inc1ud ing one boathouse. There is an existing marine railway onsite that is dilapidated and no longer in use. The northern half of the shoreline is protected with a wooden bulkhead, with the remaining shoreline protected with small rip rap marl. The land rises qu ickly from the Normal Water Level to approximately 5' above Normal Water Level. There is a wooden clubhouse structure, a residential dwelling unit with a shed, and associated driveways and parking areas currently on the project site. The remaining portion of the site is covered with lawn grass. There is a commercial marina immediately to the North of the project site and a multifamily condominium complex with docking facilities to the South of the project. The waters of Camp Creek are classified as SC High Quality and Nutrient Sensitive Waters and are closed to shellfish harvesting. Camp Creek is classified as a Secondary Nursery Area by the N.C. Division of Marine Fisheries. Camp Creek is approximately 525' wide in the vicinity of the project. The water depths in the project area range from approximately -0.5' at the shoreline to approximately -5.0' at the end of the docks. The creek bottom consists of a silty sand material and is devoid of submerged aquatic vegetation in the area of the project. Project Proposal The applicant proposes to construct 101' of vertical vinyl bulkhead along the entire project site shoreline. The bulkhead would be installed along the Normal Water Level except in the area of the railway where the proposed bulkhead alignment would straighten out the shoreline and eliminate the railway. An area in front of the railway, approximately 15' by 18', would be backfilled below the Normal Water Level. The applicant also proposes to excavate three areas wi thin and adjacent to the existing marina to a final depth of -5' below NWL using a barge mounted excavator. Dredging area "A", the area under the existing boathouse, is approximately 50' x 20' with existing depths ranging from -2.7' to -4.0' below NWL and would remove an average of 1.75' of material. Dredging area "B", the area in front of the existing railway, is approximately 45' x 20' with current depths ranging from -2.8' to -4.1' below NWL and would remove an average of 1.5' of material. Dredging areas "A" and "B" were previously authorized under D&F Permit 28- 75. Dredging area "C", as proposed by the applicant, consists of new dredging in an area approximately 113' x 154' encompassing areas "A" and "B" described above. Current depths range from approximately -0.5' to -5.0' below NWL. The applicant proposes to remove an average of 2.0' of material from area "C" such that the final depth would be -5.0' below NWL The dredge spoils would be off loaded onto a dump truck and hauled to Willi s Farms. Willis Farms is located adjacent to NC Hwy 55 and is 3 miles West of Oriental. Willis Farms has been previously used as an offsite dredge spoil disposal area. FIELD INVESTIGATION REPORT: HJ Outdoors, LLC PAGE #3 Anticipated Impacts The installation of the vertical bulkhead will result in the filling and grading of 270 square feet of the Estuarine Waters and Public Trust Areas of Camp Creek. It will also result in the disturbance of 1,750 square feet of Estuarine Shoreline. There are no long term impacts expected in the Neuse River Basin Riparian Area Buffer Areas, as the shoreline is currently stabilized and there will be no removal of vegetation other than the existing sod grasses which will be replanted immediately following the bulkhead construction. A temporary increase in turbidity can be expected during the construction of the bulkhead. The proposed excavation will remove approximately 1,250 cubic yards of material from 17,384 square feet of shallow habitat within the estuarine waters of Camp Creek that is currently designated as Secondary Nursery Area. Additionally, a temporary increase in turbidity can be expected with excavation activity. Stephen Lane - January 13, 2005 - Morehead City District PROJECT NARRATIVE .. ~~~~<;:"1~~-r-:m ~<,., 1',t-i.J ~ ,.~.... ..,..... ' ""'. S ,f . 1. .p~ ~ ~l \: 1 '1 F ~.,;. r :. ,.' !:y,~ 1."'; ; ! '1'1 'I ,I., 1 ' " ~ . ,,~ ';'.: \;; -" ,;- :' ; .: '..........~.~'~'4. ,'r, -,./L,......_J~._ .......;1 :.1 .11.'0' ..... Y.\ lV.) .,../ ~ r....:~J:.: i. ,,'0vY '\.!... l) t.:i'!",") \) 'I II U' I ~ . \: ..J ~ L 'T Henry V. Frazer iVlorehead City DCf\J1 Walker Tract, Oriental, N. C. Pamlico County Mr. Frazer proposes to dredge a basin at the Walker Tract which consists of maintenance dredging (115 cu yds) and new dredging 1,135 cu yds). The original dredging was authorized by D&F Permit # 28-75. New dredging is required to expand the basin along the shoreline and outward to a distance of 150 feet. Distance across Camp Creek at this location is 525 feet. The final depth of the expanded basin will be the same as previously permitted; -5.0 feet NWL. - Dredge material will be excavated and hauled off site to a previously approved upland disposal site at the Willis Farm, located 3 miles west of Oriental on Highway 55. A new bulkhead, vinyl sheet piling, is proposed along the existing shoreline for a distance o~feet. 10 I JAN-06-2005 03:56 PM SCHECTER 2526384277 P. 01' COASTAL MANAGEAfENT SOLUTIONS, INC January 6, 2005 Stephen, Lane Division of Coastal Management 151-8 Hwy 24 Hestron Plaza II Morehead City, N. C. 28557 Via: Fax and Surface Mail Dear Stephen: This letter clarifies the inform at/on we discussed regarding the HJ Outdoor dredging application submitted November 19, 2004. 1. The correct length of the proposed bulkhead is 101 feet as depleted on the Plat, Sheet Two of Three. The Application form MP-2, 3 (b) was an error. 2. The Application form MP-2, 3 (g) wan in error In that all fill material will be placed behind the bulkhead above NWL not below. 3. The bulkhead tie backs depicted on Plat. Shoat Three of Three will be 20 feet /n length. Thank you for your assistance In tracking this permit request as expeditiously as possible so that we can meet the current dredging window and not be delayed until noxt year. Please let me know if you have any questions. cc: Henry Frazer 208 Margo Court, New Bem, N. C. 28562 252-838-4277 lSchectef _cms@lpmonllno.not Form DCM-l'>iP-l ,'j<)' ,/7:) r.>-. ."......... 1 II [' /,,"" "", '"' ;!.~ ./,.4 ,oJ: ~ ~r ,': r~~-\~' : : r-:: -~~ In i J..,., .:-"~:~;/'<:; i' ,- .'.'., '::""hW' " "\ 1 ~") '- ,-,-,~ -.J I' ',,", . ~ ; ~ ~ ~J,;t~1 ./ j ,~ "' . '-,~, i U j" U V,)" . ".;1, ~ :: ,~"DD,'t rvlorehea~' -". a Gny DCiV1 b. Ci)(. town, communiC)' or landmark UiA~ A~P1D~I CA TI 0 (fo be completed by all applicanLs) 1. APPLICANT a. Landowner: Name~t.0\ V. ~-z:Gn- Address \1_ O. ~ ~ Cicy (()\jl1~~ - SLlte \-jC Zip ~'6S7 \ Day Phone~S 'd- - ~'l.::...J.:).\ 0 Fax. b. Authorized Agent: ~ Name Qc~~-W. ~~ Address ~ U{1tWJ:.O Q5(- , Cityf\J~ ~2J SLlte f\S2- zi0~;l_ Day Phor~J--Co~~-4~Tl Fax. c. Project Dame (if any) NOTE: PaTTir M1J b< iu,"d in ~ of Jar.dq,..ur(s). end/or project ~. 2. LOCATION OF PROPOSED PROJECT a. County 9~l\c....t;:) c. Strect ad~ or secondary road number .3el~ \\)\[~ ~~ d. ~ 'pr~lX?sed w~thin cicy limits or planning JUrisdictIon? Yes :~ No - e. ~~e ~f ~\~:, w~~~p.roject (e,g. river. c. __-', .,JU.,.. .J_:) ~\{ - , ~ euiG:- l4\V-r 3. DESCRIPTION k"",TI PLAN?',~D USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel. marina, bulkhe.:.d, pier, and excavation and/or tilling a ivities. x. ~00 ;u C ~S~fUl ~+tov- \.~ ~~LAA.~ b. Is ~e proposed activicy maint~anr: of an existing proJect, new work, or both? ~-" c. Will ~e project be for pub,l,ic, private or commercial use? ~IA.A\M~ d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, ple.1Se attach S~~l~:i$~~~.~ -~~~ ~;;A>> I oD I~ '>:) Form DCM-MP-l 4. LMrn A.1W WATER CHARACTERISTICS a. Size of entire tract 0.10( ~L b. Size of individuallot(s) ~ c. ~~oximatel elevation of tract above MHW or ~~ d. Soil rype(s) and texture(s) of tract ~~~~ e. Vegetation on tract Q~ " ~~ f. g. _ Conservation ~evelopcd Rural _ Transitional _ Community _ Other h. How ~ct zoned by local government? 1. Is the proposed project consistent with the applicable zoning? _ Yes No (Allam :orUl1g corrrpuaM~ w-riJicau, if appUcabu) j. Has a professional archaeological assessment been done for the tract? _ Yes ~o If yes. by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eli~e property? _ Yes ~No I. Are there wetlands on the site? / Yes _ No Coastal (marsh)~tt Other If yes, has a deline.1tion been conductoo? Ijl (AlUm dc~OI1. if avai!abu) I~'G:')~~...." '1,')" .,,"..,;-,. ,"'r:> no~ .- . '1'"=:1 .1 _~ l- ~ '-;."",, j.. J ~.\ :',:1 ! ~"; ,,",,\..:J, -~ '~" ..,j r.. ~ '~'.'. 1.1._ . ....,., 1 ,.,..: "'. . '. \.' 1.01 _' t ;''1 -. ,. I Jj : ....;, j . (. . ,:': i ,;" -----; ;~ - ~ ~ ;: '\''< ." ." ,,'>- " ~....~;,j ,... '. 'r"', ..., ,'. 'I' \.:)l Lt) "-.'" \...jj :l ;'1 1 . '1....... "".~'l'" .', ~ . . "<.j (;V: "0' " I'i I V '/ f) '')''''.1 ~ ~ !..L;U~ lVlorehead Citv D('\~;1 m. Describe e^istin~wastewater t'reJ.tm"iJ~ acilities. ~ou..~ o.r= rz...~~ D. Describe location and .type of discharges to waters of the state. (For e;r;ample, surface runoff, saniw-y wastewater, industrial/commercial effluent, . wash down" and re:<;idential disch~es.) :::c.~"ti~ --nu.~ ~~ \U.JkJ~~ :J..lA~~ \.;;5t-~ ~ l' C....rn1Alf-l.:;t") ~~ o. Describe e;r;isting drinking water supply source. ""\<P~) ~ Ot~ 5. ADDITIONAL rNFOR.i\1ATION In addition to the completed application fonn, the following items must be submitted: ~ co~y or the deed (with state application only) or .... other- mstrument under which the applicant claims title to the affected properties. If the applicant is DOt 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 pennission from the owner to carry out the project. /" An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1 /2. by 11. white paper. (Refer to Coastal Resources Ccmmission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger platS are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a pan of plat requirements and it must be sufficient] y deuiled to guide agency personnel uafamiliar with the are.1 to the Form DCM-MP-l site. Include highway or secondary road (SR) numbers, landmarks, and the like. . A Stormwaler Certification, if one is necessary. . A list of the names and complete addresses of the adjacent waterfront (riparian) lando\mers and signed return receipts as proof that such O\mers have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit C()mments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further ~ertifies that such notice has been provided. ~~:s ~~~5~1 ~:r:'sJ~~~ tk~ Phone G) . . ~ ~~~\~~ ~~\ Name Address Phone · A list of previous state or federal pes-mits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ~~j ~\1 'IF ~t-"1(" ~~~ 1J-'1(1~ -\-., ~~, \t~~ · A check for ~ made payable to the Department of Environment, Health, and Natural ResQurces (DEHNR) to cover the C()ses of processing the appl ication. · A signed AEC haz.ard notice for projects Ln oce.mfront and inlet areas. · A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Re~d OJ/95 .A ~(j"",,-r-;......, ~ ~') 1~ 1~'~ ....:,:. C~..,r... ,-- n '~r---:.~<-_. ::"11, J'" ~ .:~~ :L,J ~ ,J:~j ~.: ~ \ .' :i 'I .(-~'" ~'/'-->" ., . ,of ~ I' l' ~ '. '. - " .,. I I ,." ",::.,... ,. 1 r, '.' '#'~._')' : . .. .':.:. __ ". ..' .. > _' . I ~: I :-'!1 1'\.1' L.~ "..c.:'/'.<"-''''''': l... ;t'. . ~'W'J; I.;' :..... ~ ...~....~_~ J!. ,. !.'! ',.y i '; J ; ~ .."--...... ~\jJ \i 2 2 :~~~:i!';.J iVlorehead City Oel\'1 6. CERTIFICATION AND PE&"nSSION TO ENTER ON LAND I undersUOd that any permit issued in response to this application will allow only the development described in the application. The project will be subject to C()nditions and restrictions cont.:lined ;'1 the permit. I certify that to the best of my knowledge, the proposed activity C()mplies with the State of North Carolina's approved Coastal Management Program and will be C()nducted in a manner C()nsistent with such program. I certify that I am authorized to grant, and do in' fact, grant permission to represent.:ltives of state and federal ' review agencies to enter on the aforementio-ned lands in C()nnection with evaluating information related to this permit appl ication and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the Signature Please indiCate attachments pertaining to your proposed project. V'" DCM MP-2 _ DCM MP.3 _ DCM MP-4 _ DCM MP-5 _ DCM MP.{5 Excavation and Fill Information Upland Development Structures Information Bridges and CulvertS Marina Development NOTE: Please sign and dale each anachmen! in the spaa provided at the borrom 01 each lonn. Form DCM-MP-2 EXCAVATION ANDFILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permic, Fonn DCM-?vfP-l. Be sure to complete all other se:tions of the Joint Application that relace to this proposed project. Describe below the purpose of proposed excavation or fill a..:tivicies. All values to be g~en in feet. A vez-age F"JJJ..1.I Eris ting Proj ect Ull!:th '" idth [)(pth Dep th Access channe! C ;\ (MU!'') oro -Cn....,J " ;;' /' I Boat 1.' " basirr- ~ \\., I, Bu-! c c.- ramp 1Y'fr\ ~ ~:2S"' S. 0" Rock groin Rock brelkwacer ~lb~~%..& ~"S~~ r-- 2d~"3 ;1, 'l f0, !1Y ~ n'D, nr '2 'T]0 :J) i,;P . '\ p. 'l:(> ;i<,;: ;..i':, 'J: .~ .{lP" 1, '~."/ ,,,,,,...J ~ "", .,., :', , .~t,"....~_ ;j [_"",',' <w...-' --. ,,-~...~.).:,:: ~\ 1 " "-../ . ., nv '<...~', €;;I "(11' 0) ;) ');'[',[ !'1 U V :. :.. L U d.+ lVlorehead City OeM 1. EXCAVATION ,. a. Amoun~o cerial to be excavated from be MHW or in cubic yards a Qu (\\(' ~~~ l'\)l=3.~ Nev b. Type pf m3';;;;e~rial t be e:<cavated _ '" IOQ~-c..~ . c. Does the are.1 to be excavated include coast2.l wetlands (marsh), submerged' aquacic veg~tation (SA Vs) or other wetlands? _ Yes L No d. Highground excavation in cubic yards .!l ~ 2. DISPOSAL OF EXCAVATED l\L\TERIAL d. Will a disposal at.9- be available for future maintenance? V'Yes _ No If yes, where? ~ t7L.~o-..J ........... ~~ .....,..-., ""'r-:":""'II"":~:".. ";::'-. ";'<~f."':..::.'.' '.:::'~'.' t 'I ~ 'l . " . '~l 'l.A , :'1 ~~: i 5:-. . ) '.,' .~.! ::. ~ ; \ ~__~ ' ,~Lo",; ;;\'~ ,~\ ') J ~ ~ "f' .,; '~ \..... 'j .:.....; J -< \ - i ~'r--.I .~ ',I 1:1 ,,j,.o,.},, '~-'--:/'~~ ,~[ t'.; .:. i'l~ 1,\(11;) ',-, ....:::..~~0 l.Y ~.'\'" n '.1' 2 9 ~} II~ n J. .., ,.", '- .J'J e. Does the disposal are.:l include any CDastal weliands If yes, (marsh), SA Vs o,r~ wetlands? N1 ohQad ("I'},I...,Arpq~l\jff m~1terial to be placed in th _ Yes No or v v t.i l~a'tef" I (2) Dimensions of fill are.:l Form DCM-MP-2 f. Does the disposal inc1y,rle any are.:l in the w:lter? _ Yes ~No (3) Purpose of fill 3. SHORELll'rE STABILIZATION b. Will fill material be placed in coastal wetland (marsh), SA Vs o~wetlandS? _ Yes No If yes, (1) Dimensions of fill are.:i a. Type of shoreline st'lbilization V' Bulkhe.1d Riprap , 10 J I b. LengthAK (2) Purpose of fill c. Ave:-a~e distance waterward of MHW or ~WL ~ NVl L ..... d. Ml.ximum distance waterward of MHW or /'iWL Ah tJ\.l\L 5. GENERAL a. e. S~rosion during preceding 12 monL1s (Sv"rc~ of ifl/O~riOfl) Type of bulkhead, ?r ri~p m~terial 'l1l\-1~ L ~!1aT\ 7' ( '1--1' g. Amount of fill in cubic yards to be placed below water leyel (1) Riprap r (2) Bulkhead backfill ~~. rt ~ <t40c.O, h. Type of fill material ~~~,AS\ ~t<.\ dJ . ..; la- f. b. Wnat type of construction equipment will be use( (for example, dragline, backhoe, or hydraulic dredge)? ~~\l\V~ I. Source 0 f fill material c. Will wetlands be crjssed in transporting equipmenl to project site? _ Yes ~o If yes, explain steps that will be taken to lesser: environmental impacts. (E.xcluding Shoreline Stabiliution) 4. OTHER FILL ACTIY1TIES a. Will fill material b~ght to site? _ Yes No FROM :Triton Yacht Sales FAX NO. :252 249-2959 Scpo 28 2004 11:04AM Pl September 17, 2004 - ,.--,~,:""".,.., ',""( """-"j't"" ~~' "'~_..JO "-._"u ~ -, .'~ ", I. '. . . ~ ;:":0<.;:) ~"I ' ~: \ :r.';,1. ::,'-. ',' ',' .. ~ '! ~.~ !.'J 1. :.,.c-~ ~ >~ " ' '.\~."'~'.' " '" ,"" '''<,,' ," \', ~L.l}:~'-).\:\_'_:-/:;.;..)~j t~l ~_\:.:;'~:11 :\'.! \ ~...' i '"~' ~; ;, 1 ' ~;\'i '7 ," , 'i\,?' , \,)OV 2 2 2004 Nlorehead City DC~J1 N. C. Division of Coastal Management Morehead City Dilltnct lS1-B Hwy 24 Hcstron Plaza II Morehead City, N. C. 28557 Dear Sirs: - This letter is to provide notice that Roger N. Schecter of Coastal Management Solutions, Inc. is authorized as my agent in securing the necessary permits from the Division of Coastal Management. Thanks you for your time and assistance. Si~eIY' f'\-. '1 v.. 1~ HenryV.F r ~ P. o. Box <is } Oriental, N.. C. 28571 252..249..2210 ~ .-, .- .. June 3, 2004 ;~'J~ 1 r2rri/-"'P n.-; :1~JIDD :~, ,<I ~ "',J ' ',_ "..! I ',' ',.',,' ~ .~i' ;1 "... io,':\-./ j ~:::.) ~: - I ~::.:} j. .~ , \ I ;..-' J -...- ~ .' -I - j,-~~ ~~:, ;' NO V ') f) 7fin .J' , ~:.. _Uu't Mr. Ted Tyndall CAMA Field Supervisor Morehead City, NC rvlorehead City OeM Dear Ted, This letter is to serve as notification that Willis Farms, located 3 miles west of Oriental ' on Highway 55, gives Henry Frazier permission to use our spoil site for his dredging project (Walker Property). --- The area we have designated for the spoil site will easily handle the 1,200 cubic yards of dredge material. This site has been approved in the past by CAlvlA and used by King Dredging and Prescott Brother's Dredging with no problems. Sincerely, , ' f~~- ~- Phillip Willis Cc: Henry Frazier Prescott Brothers .:; "':', 4 1"-= ,. . :. ." Oriental West Condominium Association PO Box 42 Oriental, NC 28571 November 30, 2004 Mr. Stephen Lane North Carolina Division of Coastal Management 151B Hwy. 24 Hestron Plaza II \. d e't DCrvl Morehead Gty, NC 28557 rvlorellea I Y ~~~~~~~IID CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Mr. Lane Mr. Roger N. Shecter, acting for Mr. Henry Frazer, has provided us with a description of the Major Permit Application for the dredging of the Walker Tract at 305 Midyette Street in Oriental. We are the adjacent riparian owner on the south side of Mr. Frazer's property. We previously notified Mr. Frazer and CAMA, both by certified mail on June 25, 2004, of our Association's unwillingness to relinquish our riparian rights. TIle provided Site Plan of "Existing Marina Facilities" identifies four existing wood pilings that are clearly within the 15-foot riparian setback common to these two properties. These pilings of unknown origin have been used for outside tie-offs for vessels docked parallel to the existing dock/pier. 1be slips numbered 9 through 14 on this site plan do not presently exist and would be a wrongful intrusion on our rights. We have no objection to the removal of these pilings, but do object to their relocation or the sinking of further pilings along this line or within the riparian set-back area. Our only concern regarding the dredging, ostensibly within Mr. Frazer's riparian perimeter, is the effect it would have on our property's drainage and erosion. North wind tides frequently cause fifteen or more feet of land along our northwest shore to be covered with water. Changcs that have recently occurred on the Bohmert property and those now proposed on the Frazer property could worsen this situation. At a minimum, the proposed vinyl sheet bulkhead and backfill may need to be extended to deal. with this issue. We would appreciate your consideration of our concerns and comments in tllis matter. Sincerely, , dl? 'II 'r ,/ . "...v LL?.!4:".-o. William Minchin President Oriental West Condominium Association ," /'-' I . A' . " .-. ',/1/":":--; L I . (,.-tt<>-C~ cc: Mr. Roger N. Shecter - CERTIFIED MAIL Oriental West Condominium ~.F~.~.'~:~~~~10n'.-~'.~,:'.n...~.'.~ PO Box 42 ?0,t;J '-' '--' ~ '-J' i;(~ \.1 j ]1 Oriental, NC 28571 .. ~,!;;./J JU/'~ ~ t; 2004 June 25, 2004 CER~{~9J{1~9 City Den;, RETURN RECEIPT REQUESTED Henry Frazer, President HJ Outdoors, LLC 113 Pineview Drive Oriental, NC 28571 Re: CAMA Major Request to Restore & Redevelop Old Walker Marina on Smith Creek Dear Mr. Frazer: Recently, a Plat entitled "Proposed Restored Facilities" dated September 9, 2003, was hand delivered to one of our residents by the spouse of a local real estate agent, together with a letter asking for the Oriental West Condominium Association's (OWCA) concurrence and written approval to proceed. This informal transmittal was our first indication that there is or may be a request for issuance of a Major CAMA Permit. Please be advised that OWCA's Board Members cannot concur with your request to relinquish the Association's rights to and within the 15 foot Riparian setback common to HJ Outdoors and Oriental West Condominiums. Not only do the existing structures already violate our riparian rights, but adding new structures would as well. It is our responsibility to safeguard and represent the interest of our owners and do not see any advantages and see many disadvantages to them from this project as presented. If you wish to discuss this matter further, you may contact me at (252) 249-2199. Sincerely, it! Y. I;du:L- Willrk~ J. Minchin President, OWCA . cc: CAMA via certified mail qy ",(lJ v vI' . // // ~ Project Limits (see Sheet Two For Details) BOUllDARY LItlE ALonG nORMAL WATER LEVEL OF SMITH CREEK LINE BEARING "Aft TO "B" Ii 32-33'23' 'E "n" TO 'C" N 22.06'll"'E "C' TO "D" :tl 46.52'17"& / / / / DISTANCE 33.31' l1.6~' 25.45' ""' '-s'~ ("'"" ('0, ~b 'Y . I I' ! . II / I........, I' 1"1/ II ..............vl I II I I .............. I II ......." I .......v/ I I ....... "- 1/ ....... c, I I S>'" gf;t ,,~ .;~ ~rf t# #~ Q \\\\\\111/11/111 ~"\\~.C?/H~o II///~ ~O~"~~SSIO'~/,z,~ :::~:r...O ~...:.-V ~ ~ .,- T_. ~ g :Q. SEAL ("'~ :: : ~ L-3042 : ~ ~O'.~ ~:Ci;)~ -::;.~~.t.~SU~..~q;j' ~ 'tr/C\..... O~~ '///1 ~ A r ~\.... III/Ulli u,,\\\ q}' .t.,fb v ;J'-Q" () VICINITY MAP / ---. ( ../.":T . i / ,/-, ,c.\. ,/,,<:;0/ / '. "". '. ,/ <P>' ,,~- 1* " 0. /^d''''' . """, "- lef" \ ~,O/) \ <;~~- .~ :z YJ~:::::t: ~ ~ :; ; lie"'. Rlver ;t "'- / "'- .~ / / "'- ~.... 'b- / ~~. / / "'- 0~ / / "'- ~ / "\. / c -< ::;z Q o o '" ~ ,r e- .... '0 .... ~ .,; e- .... "'- ~ ~ , <$00 "'- ~ ' ,,~ "'- d' , d'~> ' , ~.(> "'-, $"0 "'- , , "'- ~~ ' "<$0.(> "'- O~ '",- ~ ' .;. "'- , "'- ~:> , ~<~ ", I~ C) "'-I ~ A~ ~..~ Nlorehead City ocr , " 0 ~ / "'-, ;I>...~~ "'-' , "'- (JOT TO SCALE.) c~~~ ~,S)~",. ;so - - G' "b '0 . ~~Joo '5'6' i<IJV 2 2 2004 / "'- / i ~ / f", / '" '" '" '" '" '" (SHEET ONE. EXISTING IMPROVEMENTS) SITE PLAN OF "EXISTING IIARINA FACILITIES" 0.)> 00 <~ ~4>,;>> ~~~ ~ oS'",. -6\+ 0 . <O~ - ~ ~ "oS' J'.l1 <r 6'0 SOUTHEAST BANK OF CAMP CREEK ORIENTAL. NORTH CAROLINA OWNER AND OPERATOR BJ OUTDOORS. LLC Near confluence of Greens Creek, smith Creek & Camp Creek Oriental, North Carolina Nmnber Two Township, Pamlico County Scale: 1" = 60 I November 3,2004 ~..:l~[~ ~;"=+4' . ... .' c-~ o 30 60 120 180 GRAPHIC SCALE "- Dennis Fornes & Associates, Professional Land surveying, PO Box 12947, New Bern, NC 28561 '" SHEET ONE OF THREE ") t1.eNl\ ~'. ~ 6UA. Ba1- \R, 2ex:4- DREDGE AREA "G" (pROPOSED NEW DREDGING) qy ~~ V ,f()" U ~ -VrQ G #~ v .~ / / ~ .~'b' / / ~-o/ / .41lJ1lJo(" / / / O/~ /"\. / !f/ t"- "'.# tJ-""0 '1~/ Ji. ",v.. ~ / ~e. 0'" ..'7 '9 / ~C.t".""O/ 6~ ~O '9.;$/ fff.. ,,0. / :f~ " >~O, / ~~V "'- 7 "'- / .". "'- ,,"'- "'-, ~ "'- o~ o~ "'- ~~ ~ "'- ;s - - ~ 'b ~% "'- . ?~./- s6' "'- "'- "'- "'- "'- " / IS':::-.. '~.J Typical existing depth of creek in feet below no>:mal water BOUNDARY LINE ALONG NORMAL WATER LEVEL OF SMITH CREEK LINE IlEAIUNG DISTANCE . "}l." TO "B" 5 32033'23' 'E 38.31' I "R" TO "CO / / / / N 22006'11' 'E 37.64 ' "CO TO "D" N 46052'17' 'E 25.45' \\\\\\111111111 ~,,\.,\'0. C?~f/Ol///'l. s O<<:"~t:.SSIO'~~ S~"Q:-O ~'."y~ == :n -?. . -:: _ -- C'I=AL i"'"' - _. 0_ . = g . L-3042 E a ~O'.~ ~:o,~ ~~,i:1:~su~~~~ ~ 11r, C\ . . . . . 'or?' ~ "'''1. ~ A f '!t."'" 1IIIIIIIiu\\\\'\ / / o~ <O~~.p "b~ ~#.~ ~ ..s'.;. ~<i" c . ..,o~ _ 0, -A..s' "..s' Dredging Notes: s~ '" 6'0 Near confluence of Greens Creek, Smith Creek & Camp Creek Oriental, North Carolina Number Two Township, Pamlico County I. Dredging Area "A" consists of maintenance dredging of boathouse to a final depth of -5.0 feet below the normal water level of Camp Creek. ......................................................................50' X 20' X 1.75..........65 Cubic Yards (maintenance) 2. Dredging Area "B" consisting of maintenance dredging of old Railways basin to a final depth of -5.0 feet below the normal water level of "'- Camp Creek ........................................................................45. X 20 X 1.5.............50 Cubic Yards (maintenance) 3. Dredging Area"C" consisting of new proposed dredging "'- of a net surface area 01.......................15,325 sq. ft. averaging 2.0'.......................1135 Cubic Yards (new) "'- Dennis Fornes & Associates Professional Land survevin PO Box 12947. New Bern. NC 28561 ir ... 'C ... d "- vi 00 ... ~ Q , I I ______.. \' /~~z/ I ,,9, /<-<'" '~'t.~C''- ----- /' /cf".... \ ",\, . /",~ ~~ \... ~ '0" ~ ",<;or- ~ \,,$/ \ ~ Bndge Broad Street 2 ~.....,-------;~' Oriental! n ~ . ~ ~ :< " g Neuse River ; d -.: :2 VICINITY MAP ~_('T'(.:3~I-;:::;;"?, T)!"i.' P.'P'ITTh';;\. I, .n >'.!. ...... 1."1 .. l_. - '.' .'\.,1.....".:<- . ... l '.' . ~_""'1,~' , J.~': "'l ~'~'-";" T,' ..'; .I'l:r 11 ,C>;' {':." ,:. t..:! c',<' 'W.j " ib' U;J ~I ~:c,~.J ,~, d L~"::J}, it ;I.;Y" ~ ':.)f i \1(:\' .J ') ')01) A.. 1'~ :.J I ,.:.J .w ~ '-Po !..l. fVlorehead City OeM " " (SHEET TWO - PLAN VIEW PROPOSED DREDGE AREAS) SITE PLAN OF "EXISTING MARINA FACILITIES" SOUTHEAST BANK OF CAMP CREEK ORIENTAL. NOR.TH CAllOLlNA OWNER. AND OPERATOR. HJ OUTDOOR.S. LLC Scale: 1" = 60' November 3,2004 > ' "", t"c~ ~ , 120 180 SCALE ~~~~~~~ ,,=".=.::::=1 := o 30 60 GRAl'HIC SHEET TWO OF THREE '5UBM\~', NiN~r3Ef2-. tq , ~4- Channel s~ t':!U11 ~OUl (') - . ~tll~ :tit':! 81<0 HOtll 02:to 2:t:Jt':! ~ 1:"1Ut;j ~~C HIU 80C;;:> toto t':! C -5.2' Cl :z:: H Cl o {i! o r.. o tI) Ei H ~ H M I... I ~.:,\\! oJ f) 'inOJ. : ~ \.." ... .-.1 L'J . 150' INTO CREEK BY 115' ALONG SHORE (NOT TO SCALE) . I ~Creek Bank(flWL fvlorellead City OeM EXISTING GRADE ~ Co N N01U1AL WATER LEVEL OF CREEK + 0.0 cast in place concrete anchor beam continuous along length of sheeting -0.5 t!l :z:: H M H p.. Ei fJ1 fJ1 :I: CI1 M ~ H :> BO't'tO~ C~~ 'E.1.1.S't1.llG PROPOSED EXCAVATION // -4. 0 . ( . 4' to - 5') / roposed finish depth var1.es, I: I III III IIEIIEII ./' P III r-=ill=.W=W m ill=W~W~III=III=III=III=III=III=III=III=III=III=III=III=III n III III III III III III 11i"lllilllll Illwlllwlll III III II! III III III 111 III-III-III-III-IIEI - - -, -, - - - II III 111=111 III 'III Ilelll III 111 III III IICIICIICIICIII III III I I . I III III III III III III Iii III I I , DETAILS OF VINYL SHEETING AND PROPOSED BASIN EXCAVATION (SHEET THREE- EXCAVATION CROSS-SECTION) SITE PLAN OF "EXISTING MARINA FACIUTIES" SOUTHEAST BANK OF CAMP CREEK ORIENTAL, NORTH CAROLINA OWNER AND OPERATOR OJ OUTDOORS. LLC SHEET 3 OF 3 (NOTE: DRAWING IS NOT TO SCALE) Dennis Fornes & Associates, Professional Land surve in , PO Box 12947, New Bern, NC 28561 PROJECT APPLICATION EXHIBIT HJ OUTDOORS LLC MARINA PROJECT DFA DRAWING NO. TDC-Ol-03 ~C.H~M i hh;o., No\CbUA~ t C\ , -'2.m'l-