HomeMy WebLinkAbout20050226 Ver 1_Complete File_20050119
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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
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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.
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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.
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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
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~ 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
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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
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;\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.
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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)
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*- 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.
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This pennit mllst be accessible on-site to Department
personnel when the project is inspected for compliance.
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b' Char S. Jones, Director
/Division of Coastal Management
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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.
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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.
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~ Henry Frazier
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The authorized structure and associated activity shall not cause an unacceptablc interference with f
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.' :\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. :
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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
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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.
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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
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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
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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
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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
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1 II [' /,,"" "", '"'
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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)
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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.
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~:r:'sJ~~~ tk~
Phone G) . . ~
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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.
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· 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
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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
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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
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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
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'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
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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
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~ 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"&
/
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DISTANCE
33.31'
l1.6~'
25.45'
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SITE PLAN OF
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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
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o 30 60 120 180
GRAPHIC SCALE
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Dennis Fornes & Associates, Professional Land surveying, PO Box 12947, New Bern, NC 28561 '"
SHEET ONE OF THREE
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DREDGE AREA "G" (pROPOSED NEW DREDGING)
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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
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"CO TO "D"
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Dredging Notes:
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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
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VICINITY
MAP
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(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
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30
60
GRAl'HIC
SHEET TWO OF THREE
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150' INTO CREEK BY 115' ALONG SHORE
(NOT TO SCALE)
. I ~Creek Bank(flWL
fvlorellead City OeM
EXISTING GRADE
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Co
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N01U1AL WATER LEVEL OF CREEK
+ 0.0
cast in place concrete
anchor beam continuous
along length of sheeting
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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-