19940279 Ver 1_COMPLETE FILE_19940203

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Magen's Bay / Lowell A. Fredeen
2. LOCATION OF PROJECT SITE: Hwy.24, Bogue Sound, Town of Cedar Point, Carteret Co.
Photo Index - 1989: 1984: St. # 31 Fr. # 1188 @ J-6
State Plane Coordinates - X: 2571200 Y: 342800
r Iii ?I; l
3. INVESTIGATION TYPE: CAMA Only
pflP 5 1994
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 15, 1994
Was Applicant Present - Yes k
5. PROCESSING PROCEDURE: Application Received - March 2, 1994
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Transition / Conservation
(B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline, ORW
(C) Water Dependent: Yes
(D) Intended Use: Private / Community Access
(E) Wastewater Treatment: Existing - None
Planned - Individual Septic Systems
(F) Type of Structures: Existing - None
Planned - Roads, Community waterline, Access Pier
(G) Estimated Annual Rate of Erosion: nominal
Source - personal observation
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Fringe Marsh Footprint - pier
152 sq. ft.
(B) Non-Vegetated Wetlands Footprint - pier
Bogue Sound Bottomland 283 sq. ft.
(C) Other Footprint
Highground / Road System Roads - 64,600 sq. ft.
Section 404 Wetlands / Access path Path - 3930 sq. ft.
(D) Total Area Disturbed: Apporox. 68,962 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA / ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to develop a 123 lot single family residential
subdivision on 85 acres of highground property within the 575 ft. ORW , by constructing a road
system and drinking water pipeline system and a community access pier measuring a total of 90 ft.
long by 4 ft. wide with 16 ft. by 6 ft. T-Head platform at the terminal end where the water depths
are reported as -1.9 ft. on mean low water.
FIELD INVESTIGATION REPORT:
Magen's Bay / Lowell A. Fredeen
PAGE #2
9. NARRATIVE DESCRIPTION: The project site is an 85 acre tract of land located
about .3 of a mile west of the Highway 58/24 stoplight in Cape Carteret. It is actually
located in the Town of Cedar Point situated on south side of Highway 24 and fronting
Bogue Sound. The property was part of the old "Ennett" farm. The remanence of
Mr. Ennett's 3,000 foot landing strip can be seen running diagonal across the
property. Approximately one third of the property is open fields and two thirds are
covered with pines and mixed hardwoods. A distinctive band of 404 wetlands and
coastal marsh vegetation skirts the shoreline and the three highground drainage prongs
These physical features of the site are clearly noted on the referenced aerial
photography and on the USGS 7.5 minute topographic quadrangle entitled "
Swansboro" with a photo revision date of 1983. The on site inspection of the property
revealed that the developer already started land clearing and grading activities landward
of the CAMA 575 ft. ORW Estuarine Shoreline AEC. Within the 575 ft. AEC
logging activities have been completed. Although the applicant has been coordinating
his project through his various consulting groups, the CAMA application should have
been filed 3 months ago to meet the target expectations for opening the development to
sales this spring. Included in the CAMA application package, the developer has
provided copies of other state approvals such as the sedimentation plan and the
stromwater management plan. A 404 wetlands certification has also been provide,
signed by Mr. Scott McLendon of the Corps of Engineers. A Notice of Violation has
been issued to one of the inverters in Magen's Bay for conducting land clearing
operations in excess of one acre on one of the indivdual waterfront lots. The lot is
well stabilized with pine needles and wheat straw so that erosion and sedimentation
does not appear to be a potential problem.
The applicant, Mr. Lowell A. Fredeen, proposes to develop Magen's Bay, a 123 lot
subdivision. The property is zoned by Carteret County R-20 where the minimum size
lot will be one half acre. As the project drawings show, sections of two roads Fawn
Creek Court and Magens Court will extend into the CAMA 575 ft. Estuarine Shoreline
AEC. The 50 ft. right- of- way to be graded will extend into the AEC by 370 ft. for
Fawn Creek Road and 980 ft. for Magen Court. All roads within the development will
have a pavement width of 20 ft. and will be shouldered by grassed swells. As
mentioned in the project description, the developers of Magen's Bay Subdivision will
install at their expense, a 6 inch potable drinking waterline to service the 123 lots.
The alignment for the proposed waterline will be buried along the shoulder of each of
the roads within the designated right of way. As the application states, each of the 123
lot will be serviced by individual septic tank systems. On the west side of the
property at lot 32, the applicant proposes to construct a community access pier
extending into Bogue Sound. The enlarged drawing of the pier project shows details of
plans. Most of lot 32 has been delineated as 404 wetlands by the Corps of Engineers.
AS proposed, a 10 ft. wide access path will be cleared of standing vegetation so that
pedestrian foot traffic can reach the landward side of the proposed pier. Notations
made on the workplat drawing indicate that no built upon surfaces will occur within the
FIELD INVESTIGATION REPORT:
Magen's Bay / Lowell A. Fredeen
PAGE #3
---------------------------
designated accessway. Pier construction will begin on the landward side of the salt
marsh. The pier will measure a total of 90 ft. long by 4 ft. wide. This figure includes
a T-Head platform measuring 16 ft. long by 6 ft. wide. The first 38 ft. of the pier will
cross over a fringe of coastal wetlands dominated by blackneedle rush in the higher
elevation and saltmarsh cordgrass closer to the water's edge. The next 52 ft. section
of the pier will extend over the surface waters of Bogue Sound. As noted on the
workplat drawing, the water depths in and around the pier average 1.9 ft. on mean low
water. Because water depths in this section of Bogue Sound are somewhat shallow and
the shoreline is remote, public use in the immediate area has not been a problem.
However, the length and position of all new dock and piers along this section of
shoreline needs to be reviewed carefully keeping in mind that another 75 acre
subdivision is concurrently being proposed immediately west of Magen's Bay and the
rights of both the public trust and the individual riparian property owners must be
maintained. The project shoreline is removed from the open waters of Bogue Sound
and the Atlantic Intracoastal Waterway (AIWW) by a 1000 ft. of shallow water and
marshland dotted with spoil islands. The "SA" surface waters of Bogue Sound in and
around the project site are open to the harvesting of shellfish. Field visits to the area
confirm the presents of oysters on the firm sandy bottom particularly along the
shoreline and flat intertidal zone. Although not documented, the occurrence of clams
and scallops can also be expected in the project area.
10. ANTICIPATED IMPACTS: In order to evaluate any subdivision adjacent to a
designated ORW, the overall length of shoreline must first be determined. In the case
of Magen's Bay, it has been calculated by the CAMA office that there are 1,762 linear
feet of shoreline as measured along the mean high water level as provided on the
surveyed plat. Next, a determination must be made as to the number of square feet or
the acreage found within the AEC. Simple multiplication of 1,762 linear feet times the
ORW 575 feet, generates a figure of 23.26 acres. CAMA Use Standards for the ORW
require that individual property owners within the AEC not exceed a built-upon surface
area of 25 percent. Therefore, since there are 36 lots identified within the AEC, the
restrictive covenants for development of the individual lots must not exceed 7,039
square feet. The calculations above do not take in to consideration the 0.62 acres of
asphalt road surface at 20 ft. wide, nevertheless, the basic project design is consistent
with the general use standards for the AEC. The approved stromwater managment
plan from the Division of Environmental Managment restricts the amount of built-upon
area to 4,940 square feet for each of the 123 lots. This specific figure will be made a
part of the deed restrictions for the lots. See the attached letter from Mr. Dave Adkins
dated February 1994 to Mr. Fredeen.
FIELD INVESTIGATION REPORT:
Magen's Bay / Lowell A. Fredeen
PAGE #4
The proposed community path and pier on lot# 32 will provide pedestrian access to
Bogue Sound. As noted in the above section, the proposed pier will have a combined
footprint value of 283 sq. ft. over the surface waters of Bogue Sound and 152 sq. ft.
over the salt marsh fringe. These anticipated impacts are in keeping with a nominal
access structure. The intended length and position of the pier with respect to the
riparian corridor appears consistent with the CAMA development standards for such
structures and should not encroach upon the right of access or public navigation.
The applicant has designed Magen's Bay Subdivision to meet other CAMA use
standards for the Outstanding Resource Waters of Bogue Sound. The subdivision plans
show the delineation of a 30 foot wide "buffer zone" running across the south side of
each of the 13 waterfront lot and parallel to the mean high water shoreline on the
highground property. Other than the grass swales associated with the road
construction, the development plans include no stormwater collection systems within
the 575 ft. AEC.
PREPARED BY: JAMES L.MERCER
March 21, 1994
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name
Lowell A. Fredeen
Address 104 Club House Drive
City Cape Carteret State NC
Zip 28584 Dayphone [phone]
X Landowner or Authorized agent
b. Project name (if any) M a g e n s Bay
c. If the applicant is not the landowner, also give the
owner's name and address.
N/A
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
+/- 800' west of intersection NC24
&SR 1113 on south side of NC24
b. City, town, community, or landmark
Cedar Point
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New Work
c. Will the project be for community, private, or
commercial use?
Private residential subdivision
d. Describe the planned use of the project.
Private residential subdivision
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
84.819 Acres
b. Size of individual lot(s) 20,000 S g f t. minimum
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum '
Ranges from 3' to 30'
d. Soil type(s) and texture(s) of tract
WaB and AV
e. Vegetation on tract o pen f i e l d s a n d
woodlands
f. Man-made features now on tract N o n e
c. County Carteret g.
d. Is proposed work wiltiin city limits or planning
jurisdiction? Carteret County, yes
e. Name of body of water nearest project
Bogue Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
? Conservation ?Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R-20 (Residential)
i. How are ad'acent waters classified?
S/A, OR?i
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? N o If so, by whom?
or pier). Residential Subdivision State Archaeolog- cal Office
and Pier as visited site &-,,,w-fl,,,,.,,.,,_r,,r,_
3/91
TU
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 123 single f a m i l y
dwellings plus recreation area
b. Number of lots or parcels 12 3
c. Density (Give the number of residential units and the
unitsperacre.) 123 (0.69 Units/Acre)
d. Size of area to be graded or disturbed
76 Acres (same as application on
S.E.C. plan)
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Y e s
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asphalt
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Y e s
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Individual septic systems
j. Have these facilities received state or local approval?
P¢ELIMi,c?i4,e
I n r o c e s s A0,ev?eo
k. Describe existing treatment facilities.
None
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N o n e
m. Water supply source West Carteret Water
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION -
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards N / A
c. Type of material N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
N/A
3/91
f, Dil? Aisions of spoil disposal area
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N / A
If so, where? -N? ----- - ------ --- --
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? N/ A
1 . Amount of fill in cubic yards N / A
m. Type of fill material N/A
n. Source of fill material N / A
o. Will fill material be placed on marsh or other
wetlands? N / A
p. Dimensions of the wetland to be filled
N/A
q. Ilow will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? N/A
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N / A
b. Average distance waterward of mean high water or
normal water level , N ,l A
3F) 1
c. Shoreline erosion during preceding 12 months, in
feet N / A -
d. Type of bulkhead material iN / A
e.
Amount of fill, in cubic yards, to ? A placed below
mean high water
f. Type of fill material N / A
a ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project-.
An accurate Nvork plat (including plan view and crass
sectional drawings) drawn to scale in black ink on an 8
112 x 11 white paper. (Refer to Coastal Resources
Commission 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 18 high
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 part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A storrnwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
Name nruce boepei
Address Look Realty, 9101 Coast ward
Emerald Isle. NC 28594
Name
Address
Name
Address
Swansboro, NC 28584
A. 1). InneLL
1'. 0. Box 822
A list of previous stale or federal permits issued for
work on Ilre project tract. Include pennit numbers,
pcrmittee, and issuing dates.
None
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazarcl notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
mcni documenting compliance with the North Carolina
Environmental. Policy Act (N.C.G.S. 113A-I to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any pennit Issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the prol)osed
activity complies with the State of North Carolina's ap
proved Coastal Management Program and will be con-
ducted in a manner consistent with such prrg?am.
I further certify that I am authorized to grant, and (10 in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
11iis is die 4 Ir day of Fe b r u a r , 19 y 4.
x - I 14dlld_?_____:?_? 4211z_t_?___
Landowner or Authorized agent
30 1

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State of North Carolina
Department of Environment, 'Av
Health and Natural Resources 1Y •
Division of Environmental Management
James B, Hunt, Governor C) E H N F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E„ Director
April 12, 1994
MEMO
To: John Parker
From: John Dorn
l en project
Re: Magen's Bay/Lowe1 A. Fre
Carteret County
DEM #94279
DEM has no objection to issuance of a CAMA Permit for this
project. As you can tell no "buck sheet" was included for this
project. Please call me at 733-1786 if you have any questions.
cc: Central Files
Wilmington DEM Regional Office
Mr. John Dorney
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Fqual Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
To: John Dovicy
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REVIEWER: GREGSON"
WQ SUPERVISOR: ADKINS
DATE: April 4, 1994
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 94 PERMIT NO.: 94279 COUNTY: Carteret
PROJECT NAME: Magen's Bay/Lowell A. Fredeen
PROJECT TYPE: Subdivision PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: March 24, 1994
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501
*STREAM OR ADJACENT WATER BODY: Bogue Sound
CLASS: SA ORW STREAM INDEX #: 20-36-(0.5)
*OPEN OR CLOSED: Open
WL IMPACT: N/A WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: Yes
IF YES, DATE APPROVED: SW 8940114 issued February 14, 1994
PROJECT DESCRIPTION: The applicant proposes a 123 lot single family subdivision on 85 acres.
WATER QUALITY CERT. (401)
CERT. REQ'D: No
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Individual Septic Tanks
TO BE PERMITTED BY: County
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
94279.Apr
Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be
done in such a manner so as to not cause turbidity outside the immediate construction area to
exceed 25 NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-James Mercer
John Parker
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Magen's Bay / Lowell A. Fredeen
2. LOCATION OF PROJECT SITE: Hwy.24, Bogue Sound, Town of Cedar Point, Carteret Co.
Photo Index - 1989: 1984: St. # 31 Fr. # 1188 @ J-6
State Plane Coordinates - X: 2571200 Y: 342800
3. INVESTIGATION TYPE: CAMA Only
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 15, 1994
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - March 2, 1994
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Transition / Conservation
(B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline, ORW
(C) Water Dependent: Yes
(D) Intended Use: Private / Community Access
(E) Wastewater Treatment: Existing - None
Planned - Individual Septic Systems
(F) Type of Structures: Existing - None
Planned - Roads, Community waterline, Access Pier
(G) Estimated Annual Rate of Erosion: nominal
Source - personal observation
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Fringe Marsh Footprint - pier
152 sq. ft.
(B) Non-Vegetated Wetlands Footprint - pier
Bogue Sound Bottomland 283 sq. ft.
(C) Other Footprint
Highground / Road System Roads - 64,600 sq.ft.
Section 404 Wetlands / Access path Path - 3930 sq. ft.
(D) Total Area Disturbed: Apporox. 68,962 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA / ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to develop a 123 lot single family residential
subdivision on 85 acres of hghground property within the 575 ft. ORW , by constructing a road
system and drinking water pipeline system and a community access pier measuring a total of 90 ft.
long by 4 ft. wide with 16 ft. by 6 ft. T-Head platform at the terminal end where the water depths
are reported as -1.9 ft. on mean low water.
FIELD MESTIGATION REPORT:
Magen's Bay / Lowell A. Fredeen
PAGE #2
9. NARRATIVE DESCRIPTION: The project site is an 85 acre tract of land located
about .3 of a mile west of the Highway 58/24 stoplight in Cape Carteret. It is actually
located in the Town of Cedar Point situated on south side of Highway 24 and fronting
Bogue Sound. The property was part of the old "Ennett" farm. The remanence of
Mr. Ennett's 3,000 foot landing strip can be seen running diagonal across the
property. Approximately one third of the property is open fields and two thirds are
covered with pines and mixed hardwoods. A distinctive band of 404 wetlands and
coastal marsh vegetation skirts the shoreline and the three highground drainage prongs
These physical features of the site are clearly noted on the referenced aerial
photography and on the USGS 7.5 minute topographic quadrangle entitled "
Swansboro" with a photo revision date of 1983. The on site inspection of the property
revealed that the developer already started land clearing and grading activities landward
of the CAMA 575 ft. ORW Estuarine Shoreline AEC. Within the 575 ft. AEC
logging activities have been completed. Although the applicant has been coordinating
his project through his various consulting groups, the CAMA application should have
been filed 3 months ago to meet the target expectations for opening the development to
sales this spring. Included in the CAMA application package, the developer has
provided copies of other state approvals such as the sedimentation plan and the
stromwater management plan. A 404 wetlands certification has also been provide,
signed by Mr. Scott McLendon of the Corps of Engineers. A Notice of Violation has
been issued to one of the investers in Magen's Bay for conducting land clearing
operations in excess of one acre on one of the indivdual waterfront lots. The lot is
well stabilized with pine needles and wheat straw so that erosion and sedimentation
does not appear to be a potential problem.
The applicant, Mr. Lowell A. Fredeen, proposes to develop Magen's Bay, a 123 lot
subdivision. The property is zoned by Carteret County R-20 where the minimum size
lot will be one half acre. As the project drawings show, sections of two roads Fawn
Creek Court and Magens Court will extend into the CAMA 575 ft. Estuarine Shoreline
AEC. The 50 ft. right- of- way to be graded will extend into the AEC by 370 ft. for
Fawn Creek Road and 980 ft. for Magen Court. All roads within the development will
have a pavement width of 20 ft. and will be shouldered by grassed swells. As
mentioned in the project description, the developers of Magen's Bay Subdivision will
install at their expense, a 6 inch potable drinking waterline to service the 123 lots.
The alignment for the proposed waterline will be buried along the shoulder of each of
the roads within the designated right of way. As the application states, each of the 123
lot will be serviced by individual septic tank systems. On the west side of the
property at lot 32, the applicant proposes to construct a community access pier
extending into Bogue Sound. The enlarged drawing of the pier project shows details of
plans. Most of lot 32 has been delineated as 404 wetlands by the Corps of Engineers.
AS proposed, a 10 ft. wide access path will be cleared of standing vegetation so that
pedestrian foot traffic can reach the landward side of the proposed pier. Notations
made on the workplat drawing indicate that no built upon surfaces will occur within the
FIELD INVESTIGATION REPORT:
Magen's Bay / Lowell A. Fredeen
PAGE #3
designated accessway. Pier construction will begin on the landward side of the salt
marsh. The pier will measure a total of 90 ft. long by 4 ft. wide. This figure includes
a T-Head platform measuring 16 ft. long by 6 ft. wide. The first 38 ft. of the pier will
cross over a fringe of coastal wetlands dominated by blackneedle rush in the higher
elevation and saltmarsh cordgrass closer to the water's edge. The next 52 ft. section
of the pier will extend over the surface waters of Bogue Sound. As noted on the
workplat drawing, the water depths in and around the pier average 1.9 ft. on mean low
water. Because water depths in this section of Bogue Sound are somewhat shallow and
the shoreline is remote, public use in the immediate area has not been a problem.
However, the length and position of all new dock and piers along this section of
shoreline needs to be reviewed carefully keeping in mind that another 75 acre
subdivision is concurrently being proposed immediately west of Magen's Bay and the
rights of both the public trust and the individual riparian property owners must be
maintained. The project shoreline is removed from the open waters of Bogue Sound
and the Atlantic Intracoastal Waterway (AIWW) by a 1000 ft. of shallow water and
marshland dotted with spoil islands. The "SA" surface waters of Bogue Sound in and
around the project site are open to the harvesting of shellfish. Field visits to the area
confirm the presents of oysters on the firm sandy bottom particularly along the
shoreline and flat intertidal zone. Although not documented, the occurrence of clams
and scallops can also be expected in the project area.
10. ANTICIPATED MPACTS: In order to evaluate any subdivision adjacent to a
designated ORW, the overall length of shoreline must first be determined. In the case
of Magen's Bay, it has been calculated by the CAMA office that there are 1,762 linear
feet of shoreline as measured along the mean high water level as provided on the
surveyed plat. Next, a determination must be made as to the number of square feet or
the acreage found within the AEC. Simple multiplication of 1,762 linear feet times the
ORW 575 feet, generates a figure of 23.26 acres. CAMA Use Standards for the ORW
require that individual property owners within the AEC not exceed a built-upon surface
area of 25 percent. Therefore, since there are 36 lots identified within the AEC, the
restrictive covenants for development of the individual lots must not exceed 7,039
square feet. The calculations above do not take in to consideration the 0.62 acres of
asphalt road surface at 20 ft. wide, nevertheless, the basic project design is consistent
with the general use standards for the AEC. The approved stromwater managment
plan from the Division of Environmental Managment restricts the amount of built-upon
area to 4,940 square feet for each of the 123 lots. This specific figure will be made a
part of the deed restrictions for the lots. See the attached letter from Mr. Dave Adkins
dated February 1994 to Mr. Fredeen.
FIELD INVESTIGATION REPORT:
Magen's Bay / Lowell A. Fredeen
PAGE #4
The proposed community path and pier on lot# 32 will provide pedestrian access to
Bogue Sound. As noted in the above section, the proposed pier will have a combined
footprint value of 283 sq. ft. over the surface waters of Bogue Sound and 152 sq. ft.
over the salt marsh fringe. These anticipated impacts are in keeping with a nominal
access structure. The intended length and position of the pier with respect to the
riparian corridor appears consistent with the CAMA development standards for such
structures and should not encroach upon the right of access or public navigation.
The applicant has designed Magen's Bay Subdivision to meet other CAMA use
standards for the Outstanding Resource Waters of Bogue Sound. The subdivision plans
show the delineation of a 30 foot wide "buffer zone" running across the south side of
each of the 13 waterfront lot and parallel to the mean high water shoreline on the
highground property. Other than the grass swales associated with the road
construction, the development plans include no stormwater collection systems within
the 575 ft. AEC.
PREPARED BY: JAMES L.MERCER
March 21, 1994
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Lowell A. Fredeen
Address 104 Club House Drive
CityCave Carteret State NC
Zip 28584 Dayphone_(919) 393-8676
X Landowner or Authorized agent
b. Project name (if any) M a Q e n s Bay
c. If the applicant is not the landowner, also give the
owner's name and address.
N/A
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
+/- 800' west of intersection NC24
& SR 1113 on south side of NC24
b. City, town, community, or landmark
Cedar Point
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New Work
c. Will the project be for community, private, or
commercial use?
Private residential subdivision
d. Describe the planned use of the project.
Private residential subdivision
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 84.819 Acres
b. Size of individual lot(s) 20,000 S o f t . minimum
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum '
Ranges from 3' to 30'
d. Soil type(s) and texture(s) of tract .
WaB and Av
e. Vegetation on tract open f i e l d s a n d
woodlands
f. Man-made features now on tract N o n e
c. County_ Carteret g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
d. Is proposed work wi?run city limits or planning
jurisdiction?_ Carteret County, yes
?? Conservation Transitional
e. Name of body of water nearest project Developed Community
Bogue Sound Rural Other
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
h. How is the tract zoned by local government?
R-20 (Residential)
i. How are adjacent waters classified?
S/A, OR-W
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Residential Subdi vi si on
and Pier.
3/91
j. Has a professional archaeological survey been
carried out for the tract? N o If so by whom?
State Archaeological Office
has visited site
-r i
?' i

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 123 single f a m i l y
dwellings plus recreation area
b. Number of lots or parcels 12.3.
c. Density (Give the number of residential units and the
unitsperacre.) 123 (0.69 Units/Acre)
d. Size of area to be graded or disturbed
76 Acres (same as application on
S.E.C. plan)
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Y e s
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asphalt
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Y e s
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Individual septic systems
j. Have these facilities received state or local approval?
I n r o c e s s PP.tv?cD PaCL /A41,c44,C
2•ZI-9'/
k. Describe existing treatment facilities.
None
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N o n e
m. Watersupply source West Carteret Water
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N / A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water pier
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
N/A
2 3/91
f. Di ensions of spoil disposal area
N0 A
g. Location of spoil disposal area N/A
h. Do you claim title to die disposal area? N/A
If not, attach a letter granting permission from the
owner.
c. Shoreline erosion during preceding 12 months, in
feet N / A
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to ? A placed below
mean high water
f. Type of fill material N
I. Will a disposal area be available for future
maintenance? NIA
lfso,wtrcrc7 N1!! __- _____-- a ADDITIONAL INFORMATION
J. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? N / A
1. Amount of fill in cubic yards N/A
m. Type of f i l l material N / A
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims tide to the
affected property. If the applicant is not claiming to be
die owner of said property, then forward a copy of the
deed or other instrument under which die owner claims
tide, plus written permission from dre owner to carry out
n. Source of f i l l material N / A the project.
o. Will fill material be placed on marsh or other An accurate work plat (including plan view and cross
wetlands? N/A
sectional drawings) drawn to scale in black ink on an 8
P. Dimensions of the wetland to be filled 1/2 x 1 I while paper. (Refer to Coastal Resources
N/A _ Commission Rule 71.0203 for a detailed description.)
q. Ilow will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backboe, or hydraulic
dredge)? N / A
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N / A
b. Average distance waterward of mean lugli water or
norm at water level N / A
3N1
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 18 high
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 sufficiently detailed
to guide agency personnel unfamiliar with die area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A slormwaler management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of tine
adjacent waterfront (riparian) landowners. These
individuals have 30 days In which to submit comments
on die proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
rw..r..?rr.rr r r.. r ?...-rr Y. r a w4aor
Name
Address
Bruce Goepel
Look Realty, 9101 Coast Guard 9 CERTIFICATION AND PERMISSION
Emerald Isle1_NC 28594 TO ENTER ON LAND _
Name A. 1)• InneLL
Address 1'• 0. Box 822
Swansboro, NC 28584
Name
Address
A list of previous slate or federal permils issued for
work on the project tract. Include pemuit numbers,
pcnnittec, and issuing dates.
None
A check for $250 made payable to Ore Department of
Environment , Health, and Natural Resources to cover
the costs of processing Oie application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A slalenucnt on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
mcnt documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. I I3A-1 to 10).
Any pennit issued in response to INS application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in tile permit.
I certify that to Ore best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such pn?gram.
I further certify that I am authorized to gram, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is ttre 4 Ir day of Fe b r I , 19 y 4.
Landowner or Authorized agent
3NI
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A

Department of Environment, Health, and Natural
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary
Mr. Lowell A. Fredeen
104 Clubhouse Drive, Star Hill
Cape Carteret, North Carolina
Magens Bay
Carteret County
State of North Carolina
Resources
Bob Jamieson
Regional Manager
February 14, 1994
28584
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations '
Stormwater Project No. SW8 940114
Dear Mr. Fredeen:
. t
The Wilmington Regional Office received the Stormwater Submittal for Magens Bay on January
20, 1994, with final information on February 9, 1994. Based on our review of the project' plans and
specifications, including deed restrictions (copy attached) which limit the built-upon area to 4,940 square
feet for each of the 123 lots, and to 1 acre for the recreation area shown on the approved plan, we have
determined that the project complies with the Stormwater Regulations set forth in Title 15A NCAC
211. 1003(a)(2).
Any modification of the plans submitted to and approved by this Office or further development of
this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built-upon surfaces,
addition of built-upon surfaces, redesign or further subdivision of the project area as shown on the
approved plans.
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the Wilmington
Regional Office. This Certification does not supersede any other permit or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDFS stormwater permit if disturbing five acres or more, local County or Town Agency permits under
their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone] f t 1 `
An Equal Opportunity Affirmative Action Employer U
i
ti-
Mr. Fredeen
February 14, 1994
Stormwater Project No. SW8 940114
---------------------------------------
Deed restrictions, including the allowable built-upon area per lot, must be recorded with the Office
d geed book num?? and/or
ofsthe including
of the Register of Deeds. A. copy of the recorded deed restriction
must be forwarded to this Office within 30 days of the date submit the deed restrictions to this Office is considered a violation of this Certification.
An Engineer/Designer/Owner Certification (copy attached) must be received at the time the
thi
ormwater orded Deed Restrictions are submitted. The Certification will verify
are hiss Officestantial t h at the comp tic with
rec
controls, general layout of the protect and the amount o impervious 1 area
the approved Stormwater Plan.
If you have any questions concerning this matter, please contact Linda Lewis or me at (910) 395-
3900.
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAnCERTIFIC\910114.FEB
Mr. Joe Dunnehoo, P.E., Prestige Engineering
cc:
Mr. William Whaley, Carteret County Inspections
Bradley Bennett
Linda Lewis
Wilmington Regional Office
Central Files
?rrr-.r-r....---... ..-r.-nr -x ROB

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
James B. Hunt, Jr., Governor
Jonathan 13. Howes, Secretary
Bob Jamieson, Regional Manager
Mr. Lowell A. Fredeen
104 Clubhouse Drive
Swansboro, NC 28584
Dear Mr. Fredeen:
(Post-It- brand fax transmittal memo 7671 N of pages '
?
osip 1:w&tewoo rvm .DA SA rut s
C0' PRESTGE Edc,,erNC /ICdE?1N??tas
PhM6
Dop .
r-ax.#
C9?9? 39? -,??75.
February 11, 1994
LETTER OF APPROVAL
Project Name: Magens Bay Development
Project No.: 940102CA
Location: off NC Highway 24 Cape Carteret - Carteret County
Submitted by: Joseph F. Dunnehoo, P.E.
Date Received: January 20, 1994
New Submittal
We find the plan to be
This office has reviewed the subject sedimentation with and comments i as attached.
acceptable and hereby issue this letter of approval
Please be advised that Title 15A, of the North Carolina Administrative Code, 48.0017(a) requires that
a copy of the approved plan be on file at the job site. Also, you should consider this letter to give the Notice
required by GS 113A-61(d) approved plan. The IASr nets) which lists aDDroval comments should be copied
_- +rnl nlan that is maintained on site..
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection
of the natural resources and adjoining properties. ntrIf, ol following sl Inadequate to me t the requirements toftthe
determined that the erosion and sedimentation control plan
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office
may require revisions to the plan and its implementation to insure compliance with the Act.
Recognizing the desirability of early coordination of sedimentation control, we believe that it would lan be beneficial if apre-construction conference could of constrguctiondstart-up and the da epof prerconstuction
Please contact this office and let us know the date
conference so that we may attend.
We look forward to working with you on this project. if you have any questions, please contact our
office,
Sincerely,
E i ? 1
Daniel Sa 6P.E ,
Regional Engineer
DSllfc
Joseph F. Dunehoo, P.E.; Prestige Engineering & Land Surveying, P.A. -- ?- ?•.. 5=..i l t 1..:
cc: WiR0_ LQS
127 Cardinal prive Extension, wlmi gton, N 2840-3845 A5ive Action lephone 910-395-3900 • Fax [phone]
APPROVAL COMMENTS AND CONDITIONS
PROJECT NAME: Magens Bay Development
PROJECT NO.: 940102CA
LOCATION: off NC Highway 24 Cape Carteret- Carteret County
SUBMITTED BY: John F. Dunnehoo, P.E.
DATE RECEIVED: January 20, 1994
1. The developer is responsible for the control of sediment on-site. If the approved erosion measures
prove insufficient, the developer must take those additional steps necessary to stop erosion from
leaving this site.
2. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted. The removal of vegetation within any existing ditch or channel
is prohibited unless the ditch or channel is to be regraded with side slopes of 2 horizontal to 1 vertical
or less steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work
and is subject to the some erosion control requirements as new ditches.
3. The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this land disturbing activity. This could
include the Division of Coastal Management under CAMA requirements, the Division of Environmental
Management under stormwater regulations, the U.S. Army Corps of Engineers under Article 404
jurisdiction, local County or Town Agencies under their local ordinances, or others that may be
required. This approval cannot supersede any other permit or approval; however, in the case of a
Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas.
All highland would still have to be in compliance with the Sedimentation Pollution Control Act.
4, If any area on site falls under the jurisdiction of Section 404 of the Clean Water Act, the developer
is responsible to the orders of the U.S. Army Corps of Engineers. Any erosion control measures that
fall within jurisdictional wetland area must be relocated to the transition point between the wetlands
and the highlands to assure that the migration of sediment will not occur. If that relocation presents
a problem or contradicts any requirements of the Corps of Engineers, it is the responsibility of the
developer to inform the Land Quality Section Regional office so that an adequate contingency plan
can be made to assure sufficient erosion control on site. Failure to do so will be considered a
violation of this approval.
5. Any borrow material brought onto this site must be from a legally operated mine or other approved
source. A single use borrow site or an area to waste material is only permissible if it is operated
under total control of the Financially Responsible person or firm who is developing this site and a plan
modification is submitted to this office that includes the area in question,
6. This permit allows for a land disturbance, as called for on the application plan, not to exceed 76
acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and
additional application fee. Any addition in impervious surface, over that already noted on the
approved plan, would also require a revised plan to verify the appropriateness of the erosion control
measures and stormwater retention measures.
L ?
?...........«.......?.....
w
TOTAL P.02
\?`I'?%\© DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 31, 1994
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400781
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
-- Dear Mr. Dorney:
\P? 51994
„gIR ? i?:>
Enclosed is the application of Mr. Lowell A. Fredeen for Department of
the Army authorization and a State Water Quality Certification to construct a
pier and place fill material in wetlands adjacent to Bogue Sound, associated
with a 123-lot, single family residential development, Magens Bay, Cedar
Point, Carteret County, North Carolina. Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by May 31, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. ne Wrig t
Chile , Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
?fv RECEIVIE'D
Please type or print. Carefully describe all anticipated
development activities, including construction, excav ?110011
tion, filling, paving, land clearing, and stormwater con-
Ifyou plan to build a m ?S -cor?gl?t? ?¢
trol. If the requested information is not relevant to your attach Form DCM-MP-+ ?? , . '
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects. b. Is the proposed activity maintenance of an
1 APPLICANT
a. Name Lowell A. Fredeen
Address 104 Club House Drive
City Cave Carteret State NC
Zip 28584 Dayphone?919) 393-8676
existing project, new work, or both?
New Work
c. Will the project be for community, private, or
commercial use?
Private residential subdivision
d. Describe the planned use of the project.
Private residential subdivision
X Landowner or Authorized agent
b. Project name (if any) M a Q e n s Bay
c. If the applicant is not the landowner, also give the
owner's name and address.
4 LAND AND WATER .
CHARACTERISTICS
a. Size of entire tract 84.819 Acres
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
+/- 800' west of intersection NC24
R 111 on south side of NC24
b. City, town, community, or landmark
Cedar Point
c. County C a r t e r e t
d. Is proposed work wi!hin city limits or planning
jurisdiction? Carteret County, yes
e. Name of body of water nearest project
Bogue Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Residential Subdivi -,ion
and Pier.
3/91
b. Size of individual lot(s) 20,000 S o f t . minimum
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
Ranges from 3' to 30'
d. Soil type(s) and texture(s) of tract
WaB and An
e. Vegetation on tract open f i e l d s a n d
woodlands
f. Man-made features now on tract N o n e
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
? Conservation ?Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R-20 (Residential)
i. How are adjacent waters classified?
S/A, 0R"W
j. Has a professional archaeological survey been
carried out for the tract? N o If so by whom?
State Archaeologg aI Oflice
as visite site f., r--r,?

5 UPLAND DEVELOPMENT
y '
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 123 single f a m i l y
dwellings plus recreation area
b. Number of lots or parcels 12 3
c. Density (Give the number of residential units and the
unitsperacre.) 123 (0.69 Units/Acre)
d. Size of area to be graded or disturbed
76 Acres (same as application on
S.E.C. plan)
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Y e s
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asphalt
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Y e s
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Individual septic systems
j. Have these facilities received state or local approval?
In r o c e s s Aoev?et> P,¢EGi,ti, iv,e
2• Z/--Y
k. Describe existing treatment facilities.
None
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N o n e
2
.r
m. Watersupply source West Carteret Water
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N / A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(ML.W) or (NWL)
Boat basin
Other (break-
water pier
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
N/A
3/91

f. Dirilensions of spoil disposal area
N/A
g. Location of spoil disposal area N / A
h. Do you claim title to die disposal area? N/A
If not, attach a letter granting permission from the
owner.
c. Shoreline erosion during preceding 12 months, in
feet N /A
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to /bAe placed below
mean high water
f. Type of fill material N/A
I. Will a disposal area be available for future
maintenance? N/A
If so,wlicrc?
0 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
A as7
swamps, or water ing items must be submitted:
N
k. Will tthe fill material be placed below mean Ngli A copy of [lie deed (with state application only) or oilier
which die applicant claims tide to the
d
waterl N / A er
Instrument un
affected property. If die applicant is not claiming to be
1. Amount of fill in cubic yards N/A the owner of said property, then forward a copy of the
m. Type of fill material N/A deed or other instrument under which the owner claims
fife, plus written permission from die owner to carry out
n. Source of fill material N/A the project. -
o. Will fill material be placed on marsh or other An accurate work plat (including plan view and cross
wetands7 N / A
sectional drawings) drawn in scale in black ink on an R
p. Dimensions of die wetland to be filled 1/2 x 1 I while paper. (Refer to Coastal Resources
N/A Commission Rule 77.0203 for a detailed description.)
q. Ilow will excavated or fill material be kept on site Please note that original drawings are preferred and
and erosion controlled?
/
only high quality copies will be accepted. Blue-line
A
N prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding Uhat agency's
r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part
(for example, dragline, backlioe, or hydraulic of plat requirements and it must be sufficiently detailed
dredge)? NIA to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
s. Will wetlands be crossed in transporting equipment the like.
to project site? if yes, explain steps that will
be taken to lessen environmental impacts.
A stormwater management plats, if applicable, that
N / A may have been developed in consultation with the
Division of Envirorunental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
7 SHORELINE STABILIZATION on the proposed project to die Division of Coastal
Management and should be advised by the applicant or
a. Length of bulkhead or riprap N/A that opportunity. .?,,. j .-_., f-.", _-1 . _ . _ ., r ,
b. Average distance waterward of mean high water or f
normal water level N/A
MA
J

3N I
Name .
Address
Bruce Uoepel i
Look kealty, 9101 Coast Guard 9 CERTIFICATION AND PERMISS1014
Emerald Isle, . NC 28594 TO ENTER ON LAND
Name A. D • I n n e L t Any permit issued in response to this application will
Address 1. 0. Box 822 allow only lie development descrilxd in the application.
Swansboro, NC 28584 The project will be subject to conditions and restrictions
contained in the permit.
Namc
Address 1 certify that to the best of my knowledge, the proposed
activity complies with the Stale of North Carolina's ap-
proved Coastal Management Program and will be con-
:
A list of previous state or federal permits issued for I I '
work on the project tract. Include permit numbers,
pcnnittcc, and issuing dates.
None
ducted in a manner consrslcnt wit t Nut, ? pml,r4ml.
A check for $250 made payable to the Department of
E•nvironrncnt , liealth, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlcl areas.
A Statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
E•nviromnenlal Policy Act (N.C.G.S. 113A-1 to 10).
I furtier certify that I am authorized to grant, and do In
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to Us permit application and follow-up monitoring of
project.
This is tie _4L11 day of Pe b r u a r , 19 94.
Landowner or Autitorized agent
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