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115-21 Beacon St Moss East LLC
Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission -Vennit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 115-21 Issued to Beacon Street Moss East LLC., PO Box 6474, Raleigh NC 27628 Authorizing development in Beaufort County at adi. to Pamlico River. at 515 Water Street, in Washington , as requested in the permittee's application did 12/20/20, incl art workplan drawings (7), Sheets 1.0 3.0 6.0 dtd "Rev 12/20/20", Sheet 5.0 did "Rev 1/18/21", Sheets 0.0, 2.0 did "Rev 1/19/21" and Sheet 4.0 did "Rev 7/8/21". This permit, issued on September 2, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation m mese terms may oe sunject to tines, imprisonment or civil action; or may cause the permit to be null and void. Residential Marina and Boardwalk 1) This permit authorizes only the docks, piers, boat lifts, boardwalk, kayak launches, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this residential marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) 1 his permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. of Permittee 4 Beacon Street Moss East LLC. ADDITIONAL CONDITIONS Permit No. 115-21 Page 2 of 5 3) This permit authorizes a maximum of 51 formalized boat slips. The West Pier is authorized for 16 formalized boat slips, the Central Pier is authorized for 18 formalized boat slips, the East Pier is authorized for 16 boat slips and the Community Pier is authorized for 1 boat slip. The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 5) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a , representative of the Division to ensure that the required pumpout facility is in place and operable. 6) The residential marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 7) The authorized gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the gazebos shall not be designed for second story use. 9) No attempt shall 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. 10) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 11) In order to satisfy concerns of the resource agencies, the permittee shall remove only the remnant pilings detailed on workplan "Sheet 4.0". If additional remnant pilings require removal, the permittee shall coordinate with the appropriate resource agencies. 12) This permit does not authorize excavation as a method of remnant piling removal. Any request to utilize excavation as a method of piling removal may require further authorization in consultation with the resource agencies. Shoreline Stabilization - Bulkhead 13) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 14) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. Beacon Street Moss East LLC. ADDITIONAL CONDITIONS Permit No.115-21 Page 3 of 5 15) The alignment of the authorized bulkhead shall be staked by the permittee and verified 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, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 16) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 17) The bulkhead shall be constructed prior to any backfilling activities. 18) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 19) This permit does not authorize any excavation waterward of the approved alignment. 20) The fill material shall be clean and free of any pollutants except in trace quantities. 21) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 22) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 23) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Upland Development with Section 404 Wetland Fill 24) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the single-family residence lots and retail space, approximately 5,587 square feet of Section 404 wetland fill, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. USACE Conditions 25) In order to compensate for impacts to 0.132 acres of wetlands the permittee shall make payment to the North Carolina Division of Mitigation Services (DMS) in the amount determined by the DMS, sufficient to perform the restoration of 0.264 acres of riparian habitat type wetlands in the Tar -Pamlico River Basin, cataloguing Unit 03020104. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the DMS and provided a copy of the payment documentation to the Corps, and the DMS has provided written confirmation to the, Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environmental Quality and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. Beacon Street Moss East LLC. ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 115-21 Page 4 of 5 26) An Erosion and Sedimentation Control Plan modification will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 27) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 28) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 29) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Stormwater Management 30) The Division of Energy, Mineral and Land Resources is currently reviewing a stormwater management plan permit application to. determine if the proposed project is in compliance with North Carolina's stormwater management rules. The permittee shall receive a Stormwater Management Permit, and provide a copy of this permit to DCM, prior to the initiation of any development activities authorized by this permit. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. General 31) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in -water work shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 32) Any mitigative measures or environmental commitments specifically made by the applicant in the narrative for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 33) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 34) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 35) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Beacon Street Moss East LLC. ADDITIONAL CONDITIONS Permit No.115-21 Page 5 of 5 NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (252) 946-6481. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-01002). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-0442. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ITYIql( 5/'6PIL( S��Z( (RIM ,61(v DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: 6-e&ccy s-�Y-P,& - -[ ll s5 —a-� L-LC Type: (Check all that apply) New V Major Mod __ Permit# Minor Mod _ Renewal Transfer — — Permit Coordinator: bod 4 dr Field Representative: Date Time10 LuP [Ow1N^ir'l�� G�L�CGn\ �rr<istiwvk( U` lvr�c Message Ov"-4.1 ►(P�Gk� a,�,� G�l� ►.c�ursi' trio �lao-c UA? Ar�G�tdwtK�, Projee4 etr'�2 s-+ 10 -s vi 6�- -� cy(t16 DCM Coordinator: Permit l(S--z( DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET , 6a 4 At? 27we i (with revised work Ian drawings) Wilmington r �0 YiIvl q )L Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan INC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Environmental.Review@ncdccgov Heidi Cox (WIRO) Kim Harding David Harris X, Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan —Ir Chris Pullinger-401 Clif Whitfield (WARD) -- Jimmy Harrison 1-1 Tina Martin - 401 Roger Thorpe-Stormwater/ Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson ON MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Beacon Street Moss East, Llc Moss East Applicant 1: First Name MI Last Name James K Wiley Applicant 2: First Name MI Last Name na If additional applicants, please attach an additional page(a) with names hared. Mailing Address PO Box Clty State 6474 Raleigh NC ZIP Country Phone No. FAX No. 27628 usa 919.795 - 3380 ext. Street Address (if different from above) Cily State ZIP see above Email jwiloy@beacon-street.com 2. Agent/Contractorinformation Business Name Lassiter Consulting, LLC, Scott Murray Land Planning Agenu Contractor 1: First Name MI Last Name Joe Lassiter Agent/ Contractor 2: First Name MI Lest Name Scott Murray Mailing Address PO Box City State 139 S. Dogwood Trail Southern Shores NC ZIP Plane No. 1 Phone No. 2 27949 252 - 202 - 3800 ext. 252 - 213 - 9501 ext. FAX No. Contractor M Scott Murray Land Planning Street Address (Y different from above) city State ZIP 274 Bolecourt Ct. Boydion VA 23917= Email RECEIVED RECEIVED josephslassiter@gmail.com and smurray@stmilandplan.com FEB 5 2021 <Form continues on backNECEIVED IDCM-WARO 252.808.2608 :: 1.888-4RCOAST :: www.nc€E@s 1171= g a men t. net DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Pr%ct Location County (can be multiple) Street Address State Rd. # Beaufort 515 Water St. na Subdivision Name CRY State Zip na Washington NC 27889 - Phone No. Lot No.($) (if many, afach addiional page with list) na - ext. 1, 1 1 , a. In which NC river basin Is the project located? It. Name of body of water nearest to proposed project Pamlico Pamlico River C. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yea ❑No work falls within. Washington, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 980If 298,037.52 c. Size of Individual lots) d. Approximate elevation of tract above NHW (normal high water) or 298,037.52, 1 1 1(normal water level) (If many lot sizes, please attach additional page with a Met) 5.6' ❑NHW or SNWL e. Vegetation on tract volunteer native grasses, woody vines and small to medium volunteer trees I. Man-made features and uses now on tract Three metal buildings with associated concrete pads, materials storage and parking. Rip Rap shoreline stabilization. g. Identity and describe the existing land uses adjacent to the proposed project site. Single, railroad track and tressel, fuel storage and refueling. Moss Marina and City of Washington Boardwalk.. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? 31 H. Special use permit approved by Washington Board (Attach zoning compliance certificate, if applicable) of Adjustments on December 17, 2020 SYes ❑No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? Was ❑No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. SYes ❑No DNA If yes, by whom? Thompson Maritime Consulting, LLC I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No DNA National Register listed or eligible property? C -• <Form continues on next page>1VED FEB5 2021 252.808.2808 :: 1.888.4RCOAST :: www.nkEriatwllz031nage s ARO DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the site? ❑Yes ®No (111) If yes to either (I) or (11) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Central sewer provided by Town of Washington o. Describe existing drinking water supply source. Town of Washington public water system p. Describe existing storm water management or treatment systems. Gravity sheet flow from existing impervious routed through vegetated bufferlwatlands to Pamlico River. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government I@Prlvate/Communily b. Give a brief description of purpose, use, and daily operations of the project when complete. Site will operate as a single family residential community with an associated 50 slip open water marina. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction of the dwelling units, bulkhead, boardwalk and slips will require dump trucks, excavators, front end loaders, concrete trucks, small barge and boats for slip construction d. List all development activities you propose. Construction of 50 residential units and 1 commerciaUmixed use unit, with 50 associated slips and access piers, vinyl bulkheading of existing shoreline and construction of an 8' 3" wide boardwalk waterward of the proposed bulkhead. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 289.037 OSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There will be storm water flow from the impervious surfaces located on the site. An approved storm water management plan will be implemented to minimize impacts. Stormwater management plan is being prepared and will be submitted to DEQ for review and appproval. Impervious surface will not increase in the Tar -Pamlico buffer. Current site plan reduces existing impervious suface by approximately 17% 1. Will wastewater or stormwater be discharged into a wetland? ®Yea ❑No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑NA j. Is there any mitigation proposed? ®Yes []No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> RECEIVED FEB 5 2021 252.808.2808 :: 1.888.4111COAST vww.ncttns1a1M2rg9rrrWIW.IV/-tWAR0 DCM-RAND CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following Items below, if applicable, must be submitted in orderfor the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative- b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detalled to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate applleatlon fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners 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 comments on the proposed project to the Division of Coastal Management. Name Norfolk Southern RaliwaylCarolina Coastal Railway Phone No. 252.237-8259 Address Tax Department 110, Franklin Rd. SE, Roanoke, Va 24042 Name City of Washington, Director of Planning Phone No. 252-975-9384 Address PO Box 1988, Washington, NC 27889 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dl na h. Signed consultant or agent authorization form, if applicable. 1. Welland delineation, If necessary. I. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on I understand that any permit Issued In response to this application will allow only IN The project will be subject to the conditions and restrictions contained In the permit. I 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 this permit application 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. Date December 20, 2020 Print Name James K. Wiley, Manager Beacon Street Moss East, LLC Signature Z. Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED FEB 5 2021 RECEIVED ��nn���� DCM-WARD 252.808-2808 :: 1.888-4RCOAST :: www.nc4F� 11PVit011[8gement.net DCNI-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other — Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length no dredging Width no dredging Avg. Existing 3.5 to 5.0' NA NA Depth Final Project Depth 3.5 to 5' NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of malerial to be excavated. cubic yards. c. (i) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shall bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SS OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable I a. Location of disposal area. c. Q) Do you claim title to disposal area? ❑Yes ❑No ❑NA QI) If no, attach a letter granting permission from the owner. area. d. (I) WIII a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (II) If yes, where? e. Q) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (II) Describe the purpose of disposal in these areas: (I) Does the disposal include any area In the water? ❑Yes ❑No ❑NA (II) If yes, how much water area Is affected? RECEIVED RECEIVED F F B 5 2021 FEB 17 2021 1"(34-11VAR0 252.808-2808 :: d-888.4RCOAST :: www.nccoastaimanagement.net DCM-MHD CITY rmvised: 12/26106 Form DCM M13-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION []This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: h_ I annth• 1 ten ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 2 to 6' e. Type of stabilization material: Vertical wall vinyl sheet pile bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill 4,560 avg. - 4' x 1.140' Riprap Breakwater/Sill_ Other_ i. Source of fill material. From an approved uplands source Width: 2 d. Maximum distance waterward of NHW or NWL: Maximum 6'. 1. (1) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount Information. In areas where riprap has failed erosion is occuring at appox. 1' per year. Likely cause is water level fluctuations and river cement. h. Type of rill material. Clean earthen fill 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (1) WIII fill material be placed in coastal wetlands/marsh (CW), if yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water 0 other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (111) Dimensions of fill area Bg ❑CW _ ❑SAV _ ❑SB _ (iv) Purpose of fill ZWL 5 756 ❑None (it) Describe the purpose of the fill in these areas: Internal road extension to connect with future extension of Charlotte St by the City of Washington and to provide positive drainage to Lots 19 and 20. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? A Sedimentaton and Erosion Control plan will be prepared and approved. c. (1) WIII navigational aids be required as a result of the project? []Yes ®No ❑NA (it) I1 yes, explain what type and how they will be implemented. December 20, 2020 Date b. What type of construction equipment will be used (e.g., dregllne, backhos, or hydraulic dredge)? dump trucks, grader, front end loader. d. (1) WIII wetlands be crossed In transporting equipment to project site? []Yes ®No ❑NA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. na Moss East R E C F I `IE D Pro)ect N''TwCEIVED FEB 5 2021 252-808-2808::1.688.4RCOAST:; www.nccoastalmamagement.net FEB 17 2UZ1 DCM_WIA"PM 12/26106 oC,N1-NIWD CITY Foriil DCM MP-2 (Y:xcavation and Fill, Page 3 of 3) Beacon Street Moss East LLC - James K. Wiley, Manager Applicant Name t/ Y Applicant Signature RECEIVED RECEIVED FEB 5 2021 OCM-WARD 252-808.2808 :: 1.888.4RCOAST :: www.neeoastalmanagem_ eent,net FEB 17 2021 revised: 12/26/06 OCM-MHD CITY Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. 51 c, Density (give the number of residential units and the units per acre). 51 units @ 6.842 acres equals 7.454 units/acre 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. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ®No ❑NA (11) If yes, list the date submitted: being prepared g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 6.3 I. Give the percentage of the entire tract to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 56 1. Describe proposed method of sewage disposal. Central sewer from City of Washington I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, "wash down" and residential discharges). Runoff of rainwater from impervious surfaces including roads, parking and rooftops. Stormwater design is anticpated to include a 17 % reduction in impervious surface and innovative stormwater measures Including Subsurface Flow Spreader (See Preliminary Stormwater Management Plan and Stormwater Management Narrative) Note: final design may change slightly. b. Number of lots or parcels. 51 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 6.6 acres I. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt, concrete, marl and ABC, pavers and rooftops h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Duality for review? Dyes ®No ❑NA (11) If yes, list the date submitted: see attached stormwater management plan. Stormwater management narrative. k. Have the facilities described In Item (1) received state or local approval? []Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project Include an Innovative stormwater design? ®Yes ❑No ❑NA If yes, attach appropriate documentation. RECEIVED RECEIVED IR R 12071 FEB 17 2021 0CM-WAR0 252.808.28002 :: 1.888.4RCOA8T :: www.nccoaetalmenagemenl.n&CM-MHD CITY revised: 72126/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) City of Washington public water supply o. When was the lot(s) platted and recorded? Litchfield parcel deed dated August 31,2020. Quitclaim Parcel B deed dated November 9, 2020. December 20, 2020 Date Moss East Project Name Beacon Street Moss East, LLC - James K. Wiley, Manager Applicant Name r Applicant Signature n. (i) WIII water be Impounded? ❑Yes ISINo ❑NA (II) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ❑No []NA RECEIVED FEB 17 2021 (RECEIVED FEB 5 2021 DCM-WARO 252.008-2000 :: 1-1180-4RCOAST :: www.acconstalmanaRement.net revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (I) WIII the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community ❑Yes ®No c. (i) Dock(s) and/or piers) d. (i) Are Finger Piers included? ®Yes []No (11) Number 3 boat docks 1 community pier, If yes: (ill) Length boat piers are 200, 225 and 195' community (11) Number 30 includino end tees on piers Pier is 165'. (III) Length 24 (Iv) Width 813. (iv) Width 3' (v) Floating ®Yes ®No (v) Floating []Yes ®No e. (1) Are Platforms Included? ®Yes []No I. (i) Are Boatlifls included? ®Yes []No If yes: If yes: (II) Number 4 (il) Number 38 and 12 for total of 50 (ill) Length Community Pier at 48' overall (iii) Length 12.5' and 14' respectively +(3) Others (Shade Platforms) at 10' + (3) Kayak at 20' (iv) Width 12 (iv) Width Community Pier at 32' overall +(3) Shade at 12' +(31 Kayak at 16' (v) Floating ®Yes ®No See Note Below: Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed It. Check all the types of services to be provided. 50 ❑ Full service, including travel lift and/or rail, repair or (if) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("vet slips") only, number of slips: x ® Dry storage; number of boats: 50 as twat lifts at each slip Note Referenceing Sec. 00 Community Pier overall dimension ❑ Boat ramp(s); number of boat ramps: Includes area encompassing floating platforms ® Other, please describe: Community pier+ kayak launch alone each pier access walk 1. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 22 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open power boats approx. 16 to 26' RECEIVED I. FEB 17 2021 DCM-MHD CITY RECEIVF-a FFR h 2021 DCM-WARO 252-808.2808 :: 1.888.4RCOAST :: Www.nccoastaimanagemeot.net revised: 12127106 Form nCM MP-4 (Strortures, Page 2 of 4) M. (i) Will the facility have tie pilings? (i) Will the facility be open to the general public? ®Yes ❑No ❑Yes ®No (II) If yes number of tie pilings? 224 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ® Office Toilets ❑ Toilets for patrons; Number: QQ; Location: in individual homes ❑ Showers ® Boatholding lank pumpout; Give type and location: Portable on dock b. Describe treatment type and disposal location for all sanitary wastewater. Pump to City of Washington central sewer system c. Describe the disposal of solid waste, fish offal and fresh. No fish offal. Trash collected by City of Washington d. How will overboard discharge of sewage from boats be controlled? Boats will be too small for live aboard. No overnight stays allowed. e. (I) Give the location and number of 'No Sewage Discharge" signs proposed. one posted centrally at marina boardwalk (if) Give the location and number of "Pumpout Available" signs proposed. One at central location adjacent the boardwalk I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. na g. Where will residue from vessel maintenance be disposed of? na In. Give the number of channel markers and "No Wake" signs proposed. 2 I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. One will be placed at the end of the community dock and one adjacent to the boardwalk. j. What will be the marina policy on overnight and live -aboard dockage? not allowed k. Describe design measures that promote boat basin gushing? The marina is proposed in open water will no dredging or manmade restriction to natural water flow. RECEIVED_ RECEIVED FER 5 2021 FER 17 2021 DCM-WARD 252.608.2808 :: 1.888.4111COAST :: www.nccoastalm:m:uicoicut.nM revised: 12127/06 DCM-MFID CITY Form DCM MP-4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? No dredging marina with the open waters of the Pamlico River m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. na 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Publio/Government ❑Private/Community (it) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ® This section not applicable a. (i) Number (it) Length _ (111) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NAIL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) -ELO) t DCIUMARO- 252.808.2808 :: 1-8B8.4RCOA8T :: www.nrconstaimanageniont.net revised: 12127/06 DCM-MHD CITY Form DCM MP-4 (Structures, Page 4 of 4) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 150', City of Washington has conveyed riparian rights to Moss Landing via a deed reference. Note: For buoy or mooring piling, use am of swing Including length of vessel. c. Width of water body 750' average e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. no excavation or marina channel proposed b. Proximity of structure(s) to adjacent docking facilities. 285' d. Water depth at walerward end of structure at NLW or NWL 4.0 to 5 0' depending on pier location & OTHER ®This section not applicable a. Give complete description: December 20, 2020 Dale Moss East Project Name Beacon Street Moss East, LLC - James K. Wiley, Manager Applicant Name 4. Applicant Signature ' RECEIVED RECEIVED FFR 5 20[i oCM-WARD 252.808.2808 :r 1-888-4RCOAST r: www.ncconstatmanagement.net DCM-MHD CITY revised: 12127106 LLI > 2 - - ---- rr LU W m _ "'Yay LLJ U- U - - r+vrw vw NU GleYlba MOSS EAST 514 S. Water St. Washington, North Carolina 27889 Beacon Street Moss East, LLC RECEIVED � E6 5 2021 --- - CAMA PERMIT DCM-WARO 0.0 E#S,- rnr go.ury .w e.ey eoe_ ; o.f. awf, q. em ..5. ley Ti. i16 �• O.B, iND, q, yt / m>SS isgsv(yf xu>. YLT� r dNG / o[v¢PVc TO ELI W � . C9L37oopcs Q N W N (� U LU w m lU— RECEIVED FEB 15 2021 U RECEIVED 1 aaRa i �W 2 f 6� w I .s 51 2 43 K f RE p .l y .1 4 F 31 n I3 f{F RE N 33 I R I R I w I 31 PAMLICO RIVER -.j a cut DCM- Ytb.,s� +...e�ulvlarns RE 33 M 33 H a a a 11 1 M' - I 1E I 13 I a • Or.IM mr..... �.p �+m �. a,wn L c._ RRpLCTMRrux 2.0 -ass wr RffTR WIMMl/,IID PIANWw. R3C. WID Off® r.,ll'.nw All rtl:>m-,� rtuGi COJIM1.fY/Vf 1'M W.p1a V iEGFMO ® srrpp J aw.r® 3 Y � ao u j AREA 3t � / 3 to M.,sw.muM..x I PAML/CO RIVER AREA'C' I RECEIVED ARO Q N WN W a.q U m LU LU d' L.L AW.�aAie�4 KtmV: FgBl1�lAMYS>OIMWAl91 RAM 3.0 Ross� < J Key to Pictures , Moss Landing Pase I & II City btamwMMAP See Detail 12/5.0 Ii:— 8 ry General Notes 1. The Proposed Marina Facilities are for Makers Use Only. No Additional Parking s Proposed. Condominium Ownership Is Ming Proposed. 1. Al Soundings and Pier Elemomm; Not" Are Relative W NWL 3. OxY LenpM1s Are Measured From the Outermost Point of the Acase Per Convention to the Progsed Boardwalk. a. For Proposed I-Aion of the Community Plant May EacM1arye with that a the Central Me,. S. Final Boardwalk aW Dom Constrvnmrs May M Phased or Reduced AI DlyNopei s Cum eti n. D 6. ReraM boardwalk pecking Shall 6e Controls NOB Me Wood pacing and Subleminum May Be Substiwed M Owner s OierMion) - See SM1eet 5,0 Marine Fanllux panels ). no Eatensions Alone, Flnrbd native, OMbnel At Owneis proration R. All dimensions and design mnGµptans are approximate. final led adjustments may vary ..In the approval of CAMA RepeunlMive. b. Pm,mdMann.F—huss ace Optional aM May be Phased.I the Developer) Deviation Moormng to Approved Pxm tm. Observation Platform Joint lonal) Final Location To Be I42. AdlDIn th Field IWith LAMA Approval M6WET m •X%MrytOMMmwM WRMn TbRm PAMLICO RIVER Existing 3.5-5' De Piling Removal Pra woes of lltlltwMg%exrvatbn / ISae AOUll TnslwN NOTE: SOUNDINGS / —llmNf 01 %ling Renwnl4x Plexrvillon G MMIImM a/Mtlt%IIM Remonl Bpmdarygross 10 NOMlxmart RR Trystb hmegw.y 1"Am Arrival t% SHEET TrtLE: Shoreline Development Plan PROJECT: 4.0 "MOSS EAST 518WATER MEET vol 11W @Arian --..1 SCOTT MURRAYL.AND PLANNING. INC. __ wDATE: lanMpaq AIohR.cMl..l.and PMnnNlp _ 12-1-20I0 1 SCALE: 1140- PROJ. NO.: 21 D 119 STATE: NC I COUNTY: BEAUFORT TAP: WASHINGTON ur*��.�r.irrrrx. @ O n RECEIVED B 5 2021 17 DCM FEB 5.0 , M EAS* RECEIVED o e . bll MIY.YRwY nr.w.reroVwAs NwRl.n-rY.NRI ' N.nwrAnwrrNryw. �wlw.-rra.rpy rl e�omM�o RAMOCO RIVER o�w�uoo vn:� r -- FEB 17T CM-MHD _ Nrrusrr-Rv...N..�l YM-er LYl.�n. w�.nwwr 4-sumalN.wml o-.... 7 // �r�R � NIIIr Yiyfm uawrwRw.d Rw+w 6 6.0 'Moss eRsr . � 1 %1 MbTT MYMRVIND MNNNG. WL. /AMIICO RIVER [Yn ®n 6R �M-O� �GYL I�.r AOlMY1mfi� rtMr:M rAIRn.: ruan >r wrwma. ?I ITY .A Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, June 11, 2021 10:13 AM To: Scott Murray; Joseph Lassiter Subject: FW: City of Washington CAMA Land Use Plan Attachments: City of Washington LUP.pdf; [External] RE: Moss East - CAMA LUP Certification Afternoon all, Please see above for the CAMA certification of the Washington LUP and please accept this email as confirmation that the project has been taken off hold, per your email request from Joe Lassiter dated 6/1/21 and attached above. The adjusted 75 day date is now 7/21/21. Regards, Gregg From: Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov> Sent: Friday, June 11, 20219:43 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: City of Washington CAMA Land Use Plan Good Morning Gregg, City of Washington LUP amendment was certified yesterday. Can you please share with the consultants. Thank you, Rachel Rachel Love-Adrick. District Pkmner, Division ofCoastal Lfanagement g North Carolina Department of Environmental Quality 252.8082808 (Office) Rachel.Love-Adrick@ncdenr.gov From: Willis, Angela Sent: Thursday, June 10, 20219:31 AM To: dsadler@washingtonnc.gov: Russell, Jonathan <Irussell@washingtonnc.gov>; mdail@washingtonnc.gov Cc: Cahoon, Renee M <Renee.Cahoon@ncdenr.gov>; Lucasse, Mary L <mlucasse@ncdoi.gov>; Love-Adrick, Rachel A <rachel.love-ad rick@ncdenr.gov> Subject: City of Washington CAMA Land Use Plan Please find attached the Final Agency Decision granting the City of Washington's amendment to its CAMA Land Use Plan. Angela Angela Willis, Asst. to the Director NC Division of Coastal Management NC Department of Environmental Quality 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 ext. 201 DE Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor DIONNE DELLI-GAT 1 Secretary BRAXTON DAVIS Director Lassiter Consulting LLC. Joe Lassiter Josephlassiter@gmail.com Dear Mr. Lassiter: NORTH CAROLINA Environmental Quality March 22, 2021 This correspondence acknowledges your email dated March 19, 2021 email in which you indicated that your client, Beacon Street Moss East LLC, wishes to place his CAMA Major Permit application in abeyance until issues with the Land Use Plan have been resloved. Based on this request, processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808 ext. 215, or by e-mail at gregg.bodnar@ncdenr.gov. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator r North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2SZ808.2808 Bodnar, Gregg From: Elks, Katharine B Sent: Wednesday, September 15, 2021 9:10 AM To: Bodnar, Gregg Subject: RE: Colonna Hi Gregg, I haven't received anything. I'll let the agent know the project will be put on hold. Thanks, Katharine Elks From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 15, 2021 8:49 AM To: Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: Colonna Hey Katherine, Any movement on the plans? If not I think I need to put the project on hold retroactive to our initial contact with the applicant until the workplans are corrected. Thanks, Gregg Gregg Bodnar Assistant Major Permhs Coordinator Division of Coastal Management Department of Environmental Quality 252 08 28M ext 21S (Office) Great Bodnancdenr, -Email correspondence to and Jrorrd this address is subject to the North Carolfim Public Records taw and may be disclosed to third parties. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Beacon Street Moss East, LLC Project Name: Moss East Action ID: 2020-01002 County: Beaufort Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation: 8-digit HUC and Basin: 03020104, Tar -Pamlico River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.132 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020104, Tar -Pamlico River Basin Stream Mitigation (credits) I Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.264 Mitigation Site Debited: North Carolina Division of Mitigation Services (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Date July 7, 2020 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible'for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the'Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: CAMA Permit No. 115-21 issued on September 2, 2021. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.armv.mill. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Field Office: Raleigh W. Bland, SPWS Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 Email: Raleigh.w.bland@usace.army.mil District Project Manager Signature September 7. 2021 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits.usace.army.mil. Page 2 of 2 ROY COOPER Governor ELIZABETH S. BISER Secretary TIM BAUMGARTNER Director Jim Wiley Beacon Street Moss East, LLC PO Box 6474 Raleigh, NC 27628 Project: Moss East County: Beaufort 401 permit#: 2021-0442 v1 404 permit#: 2020-01002 CAMA permit#: 115-21 DMS ID#: MR-07750 NORTH CAROLINA Environmental Quality INVOICE# INV-006028 September 15, 2021 RECEIVED SEP 1 6 2021 MP SECTION MHD Invoice expires: 11/14/2021 Please review this invoice carefully and report any discrepancies immediately to the contact listed below. You have elected to satisfy the compensatory mitigation requirements of the applicable Section 4011404 permit(s) issued for the above referenced project through payment of a fee to the NCDEQ Division of Mitigation Services (DMS) In -Lieu Fee Program. In accordance with 15A NCAC 02R .0402, the amount due is based upon the 2021-22 Rate Schedule and has been calculated as follows: Location I Mitigation Type Credits Rate Der credit Fee Tar -Pamlico 03020104 1 Riparian Wetland 0.264 $67,442.06 $17 804.71 i O i Ai- AMOuN I uUE it paid within 60 days: $17,804.71 This invoice expires in 60 days. Expired invoices are not eligible to be paid. Note that permit(s) may require payment before this date. Invoice extensions may be requested by emailing the DMS In -Lieu Fee Program Coordinator at kelly.williams@ncdenr.gov. Extensions will be based on the fee schedule in effect on the date they are issued. Please submit an ePayment at http://ao.ncdenr.gov/epayment or mail a check for the Total Amount Due to the address below and enclose a copy of your unexpired invoice. US Mail: NCDEQ Division of Mitigation Services 1662 Mail Service Center Raleigh, NC 27699-1662 Physical Address for UPS/FedEx: NCDEQ Division of Mitigation Services 217 West Jones St., Suite 3000A Raleigh, N.C.27603 - Third party payments must be accompanied by written authorization from the permittee All refund requests must be submitted in accordance with the Division's refund policy. If you have questions concerning this payment, please contact kelly.williams@ncdenr.gov. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM DMS PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT, CAMA PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Todd Tugweil, USACE - Raleigh; Raleigh Bland, USACE Johnathan Howell, NCDCM Joseph Lassiter, agent ,«. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVs , r APPLICANT: Beacon Street Moss East LLC COUNTY: Beaufort PROJECT NAME: Moss East FEB 37 1 LOCATION OF PROJECT: on Pamlico River at 515 Water Street in the City of Washington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-12-21 ®CM—MH�r CITY FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Spivey DISTRICT OFFICE: W ahington DISTRICT MANAGER REVIEW: Date •� t 4 � B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (4140) M 506 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 2-20-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 44 1 -7I7' t'ZI HOLDS: 31141ZI "/f11L/ EMAIL OUT DATE: 2-17-21 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 3-12-21 DEED REC'D: Yes 150 DAY DEADLINE: % Ll Z STATE DUE DATE: Click or tap to enter a date. AGENCY DATE NOTES COMMENTS OBJECTIONS: I RETURNED YES NO DCM - Field Rep DCM - LUP Consistency Determination 114 1 1' 14V 1 1 l j�h c, I Local Permit Officer M1 Corps of Engineers — Regulatory Branch ih ' I. 2oZo -6 txrZ DWR-401Section DWR—Public Water Supply l DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section L Z 1 1G t DMF — Habitat & Enhancement `J 3AL 2 Pr% DNCR— Archives&History DNCR —Natural Heritage Program NCDOT NC Dept of Commerce V 7 i k 101910cf1 ANZ10In-i RECEIVED TO: Gregg Bodnar FROM: Kelly Spivey JUN 2 2 2021 DATE: 22 June 2021 SUBJECT: Beacon Moss Eastreet Moss East, LLC R,7P SECTION' MeM 515 Water Street, Washington, Beaufort County Lassiter Consulting, LLC and Scott Murray Land Planning on behalf of Beacon Street Moss East, LLC has submitted a CAMA Major Permit application for construction of a bulkhead, wooded wetland fill, piling removal, 50 lot single-family residential subdivision, 50 slip (including uncovered boat lifts) marina consisting of three piers, three floating platforms, community pier with platforms (both covered and uncovered) and a boardwalk immediately waterward of the proposed bulkhead. The project site is located at 515 Water St. in the City of Washington on the Pamlico River in Pamlico County, North Carolina. Staff has reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in Public Trust Water and Public Trust Area. It is staff s recommendation that the proposed project appears consistent with 15A NCAC 07H .0208 as described below. Upland Development/50 lot residential subdivision The proposed upland development is located within the 50' Tar -Pamlico Riparian Basin Buffer Zone enforced by the N.C. Division of Water Resources. The project as proposed is also located within the 30' Public Trust Area of Environmental Concern (AEC). The Tar -Pamlico Riparian Buffer rules take precedence over the Use Standards of the Public Trust Area AEC. Therefore, the Division of Coastal Management will refer all upland development to the N.C. Division of Water Resources as defined in 15A NCAC 07H .0209 (e). Bulkhead The proposed bulkhead will replace the existing shoreline stabilization which consist of broken masonry debris. The bulkhead is consistent with 15A NCAC 07H .1105 and 15A NCAC 07H .0208(b)(7). However, the bulkhead must be staked by a representative of the N.C. Division of Coastal Management prior to construction to ensure compliance with the standards. 50 slip marina in Pamlico River The piers establishing 50 slips located in the Public Trust AEC is consistent with 15A NCAC 07H .0208 (b)(5)(D) which states in part Marinas to be developed in waters subject to public trust rights for the purpose of providing docking for residential developments shall be allowed no more than 27 square feet ofpublic trust areas for every one linear foot of shoreline. The shoreline on this tract measures approximately 980 linear feet. The calculated marina impact is 25,668 ft2 which is below the maximum allowable amount of 26,514 ftz. The slips and boatlifts are proposed in water depths ranging from 3.5' to 5.5' below normal water level in a Primary Nursery Area. Wooded wetland fill The wetlands to be filled are noncoastal and are under the jurisdiction of the U.S. Army Corps of Engineers and the N.C. Division of Water Resources. If the applicant obtains all the necessary permits and authorizations from these two agencies the NC Division of Coastal Management finds this portion of the project consistent. Piling removal The applicant has proposed to remove the pilings in the vicinity of the proposed marina. The applicant has not proposed any dredging or excavation of the bottom. The subject waterbody is an Inland fishing waters and is a Primary Nursery Area. The Division of Coastal Management will defer this particular portion of the project to the NC Wildlife Resources Commission for comment and approval. Boardwalk The proposed boardwalk is consistent with 07H .0208 (b)(5)(D) which states in part "The 27 square feet allocation does not apply to fairway areas between parallel piers or any portion of the piers used only for access from land to the docking spaces;". Staff recommend the following conditions be included in addition to the standards permit conditions if the project is permitted. 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. This permit authorizes only the structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. The alignment of the authorized bulkhead shall 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, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. Prior to the occupancy of any new slips authorized under this permit, a marine pump out sewage disposal facility shall be installed and operable, and maintained for the life of the marina. The authorized covered platform shall be single story, and shall not be designed to allow for second story use. The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. JUN 2 2 2021 firiP SECTION 4i HD ROY COOPER MICHAEL S. REGAN '�+� Y,•o,nln;r BRAXTON DAVIS 1)"e, lol. Om"mr „, (W"I'd February 17, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Couder04-16-33) greoo.bodnar ncdenr.aoy SUBJECT: CAMA MejorPermit Application Review Applicant: Beacon Street Moss East LLC. Project Location: on Pamlico River at 515 Water St. In the City of Washington in Beaufort Co. Proposed Project: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by March 9, 2021. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: VzThis agency has no objection to the project as proposed. "Additional comments may be attached" 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 objects to the project for reasons described in the attached comments. PRINT NAME SAm\TZ 1�)J M1> ae_ CSC S 1z Utrz @:f�) AGENCY 1Jt�ML2 �E RECEIVED SIGNATURE F E B 2 2 2021 DATE 2 A22/2c� 2-) MP SECTION MH® State or Wilt Carolina I Gnvisonmcntal Quality I Coastal Manupcmem 400 Comnrcrco Am Morehead City, NC 28557 (252) 808.2808 ..:.7i1,....!yaka7r.`,Y�r�!!.it..��4'.`�A��',���Ijt COOPER �'+ MICHAEI. S. RECaAN BRAXTON DAVIS February 17, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax. 252-247-3330 (Courier04-1633) gMgg.bodnar(@nodenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Moss East LLC. Project Location: on Pamlico River at 515 Water St in the City of Washington in Beaufort Co. Proposed Project: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnarat the address above by March 9, 2021. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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 objects to the project for reasons described in the attached comments. -_ . Lee Padrick PRINT NAME AGENCY SIGNATURE DATE NC Commerce ;�x p 2-17-21 RECEIVE® F E B 1 7 2021 IMP SECTION MHD SmaOMIMC ` -- ' Eciir=mml Q123ty I Camj ASlnccmeat 4W CommF aAsa Mare ad Qy.= 2S55712i2) 909-23CS ROY COOPER 1 -i t,• - QOIt' w _ MICHAEL S. REGAN . " • a Secnanrr BRAXTON DAVIS NORTH CAROLINA /Mmeuv, 1.t1exiun nl bnxrnl . L�IIVIIY�IIIIIL'llilll i11141%l4' A1nnagelnrnl February 17, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave Morehead City NC 28557 Fax 252-247-3330 04rie1f 0418r,33) oregg.bodnara-ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Moss East LLC. Project Location: on Pamlico River at 515' Water St. in the City of Washington in Beaufort Co. Proposed Project: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by -March 9, 2021. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project , _X_This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. FR1N7 NAM _,Clif Whitfield AGENCY _Public Water Supply Section SIGNATURE �! RECEIVED DATE _February 18, 2021 FEB 1 8 2021 State of North Carolina I EnvironmentaQuality I Coastal Management SECTION 400 Commerm Ave. Momhead City,NC28551 252)808-2808 MP February 18, 2021 MEMORANDUM: FROM: Clif Whitfield, Environmental Engineer NC DEQ, Public Water Supply Section TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 aregc bodnar(a)ncdenrgov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Moss East LLC. Project Location: on Pamlico River at 515 Water St. in the City of Washington in Beaufort Co. Proposed Project: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. X This agency approves of the project only if the recommended changes are incorporated. . The residences for this project will be served with water provided by the City of Washington public water system (NC0407010). Any changes to the City of Washington public water system, such.as water main extensions, must be submitted to and approved by the NC DEQ Public Water Supply Section plan review unit prior to water system alteration. For more information, contact the Public Water Supply Section at 919-707- 9100. P.RINT.NAM�_ClifWhitfield AGENCY. _Public Water Supply Section pATE _February 18, 2021 RECEIVE® FEB 1 8 2021 LIP SECTION! MHD C 1 AYT.Y"?/ a�h.in�on Planning & Inspections December 21, 2020 Scott Murray, RLA, LEED-AP BD+C Scott Murray Land Planning, Inc. 274 Botetourt Ct. Boydton, VA 23917 Dear Mr. Murray: 102 East Second Street Washington, NC 27889 252-975-9383 RECEIVED FEB 5 2021 DCM-WARO This letter serves as official documentation regarding the zoning classification and proposed use of the property located at 515 Water Street in Washington, NC, Parcel # 5685-06-6420. This property is located within the City of Washington Planning Jurisdiction. The property is zoned BIH (Business Historical). In accordance with section 40-86 of the City of Washington Zoning Ordinance, the proposed use of this site as a residential subdivision and marina store would be considered a legal use within the B I zoning district. Additionally, on December 17, 2020, this property was approved for a Special Use Permit by the Washington Board of Adjustment to build a private marina to go along with the proposed subdivision. Please feel free to contact me if you have any further questions. Sincerely en M re Planning Administrator RECEIVED FEB 17 2021 DCM-MHD CITY ROY COOPER *� �,� Govenror MICHAEL S. REGAN &—lory 4• BRAXTON DAVIS NORTH CAROLINA Direcior, Division of Coastal bivrownmrlal QBalth, Management February 17, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Co Hiie 074h16-33) aregg.bodnar(ftcdenr.00v SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Moss East I.I.C. Project Location: on Pamlico River at 515 Water St. In the City of Washington In Beaufort Co. Proposed Project: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnarat the address above by March 9, 2021. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. X "Additional comments may be attached" 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 objects to the project for reasons described in the attached comments. PRINT NAME Shannon Myers NCDMF- Shellfish Sanitation and Recreational Water Quality AGENCY, t for Shannon Jenkins SIGNATURE RECEIVED DATE March 1, 2020 MAR 2 2021 State of North Carolina I Environmental Quality l Coastat Management ? w9 r,SECTION MHD 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 9FP8 Bodnar, Gregg From: Moore, Bill Sent: Monday, March 8, 2021 1:48 PM To: josephslassiter@gmail.com Cc: jwiley@beacon-street.com; Bodnar, Gregg Subject: CAMA Major for Beacon Street Moss East - Beaufort County Hey Joe, Us "ole guys" been at it a long time and we still "in the game", for now. Hope you and your family are doing well. Received a copy of the CAMA application for the Moss East project. I understand stormwater was discussed during a recent scoping meeting. From the project description, it appears this project will result in an overall reduction of impervious area. I understand the redevelopment approach may be used along with some sw measures. Please provide a copy of the sw plan. I will review and get back to you with any comments, or questions. After my review, I expect to issue an approval letter for a redevelopment exclusion. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, June 11, 2021 10:13 AM To: Scott Murray, Joseph Lassiter Subject: FW: City of Washington CAMA Land Use Plan Attachments: City of Washington LUP.pdf, [External] RE: Moss East - CAMA LUP Certification Afternoon all, Please see above for the CAMA certification of the Washington LUP and please accept this email as confirmation that the project has been taken off hold, per your email request from Joe Lassiter dated 6/1/21 and attached above. The adjusted 75 day date is now 7/21/21. Regards, Gregg From: Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov> Sent: Friday, June 11, 20219:43 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: City of Washington CAMA Land Use Plan Good Morning Gregg, City of Washington LUP amendment was certified yesterday. Can you please share with the consultants. Thank you, Rachel Rachel Lore Adrick _ District Pdm ner; Division of Coastal.Ldanagemwrt �j- North Carolina Department of Environmental Quality 252.908.2808 (Office) V Rachel.Love-Adrick nedear.gov From: Willis, Angela Sent: Thursday, June 10, 20219:31 AM To: dsadler@washingtonnc.gov; Russell, Jonathan <irussell@washingtonnc.gov>; mdailna washingtonnc.gov Cc: Cahoon, Renee M <Renee.Cahoon0 ncdenr.gov>; Lucasse, Mary L <mlucasse@ncdoi.gov>; Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov> Subject: City of Washington CAMA Land Use Plan Please find attached the Final Agency Decision granting the City of Washington's amendment to its CAMA Land Use Plan. Angela Angela Willis, Asst. to the Director NC Division of Coastal Management NC Department of Environmental Quality 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 ext. 201 Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. STATE OF NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF CARTERET DIVISION OF COASTAL MANAGEMENT IN THE MATTER OF THE CITY OF ) WASHINGTON'S REQUEST FOR ) CERTIFICATION OF THE FIRST ) FINAL AGENCY DECISION AMENDMENT TO CAMA CORE LAND ) USE PLAN ) FACTS 1. The City of Washington (hereinafter the "city") is located in Beaufort County. The city is bounded by Beaufort County to the north and west; the Town of Washington Park and Beaufort County to the east; and the Pamlico River to the south. 2. The city's CAMA Core Land Use Plan (hereinafter the "Plan") was certified by the Coastal Resources Commission (CRC) on November 30, 2007. 3. The city is seeking certification of a first amendment to the plan's future land use —map-and-text-The-future-land-use-map-(FL-UM)-amendment makes -the -plan -consistent -wither proposed development at 515 Water St (aka Beacon Street Moss East). The parcels.FLUM classification will be amended from "High Density Residential'.' to "Mixed -Use". The text changes amend the Mixed -Use FLUM classification's allowable density and impervious surface requirements as follows: Allowable Density: There is no minimum lot size. The residential density will not exceed seven (7) -eight (8) dwelling units. per acre. Impervious Surface: The impervious surface coverage objective is 80% maximum per parcel. ^ stormwater "' Y"'"" for b c___ _________ _..--- A- nco/_ ..,:11 1— ,.o...4—A Ill;� 4: The City Council held a duly advertised public hearing to consider the proposed amendment to the Plan and voted, by resolution to approve the amendment on April 27, 2021. ROY COOPER Govewr DIONNE DELLI-GATTI secretary BRAXTONDAVIS Dtrectar Mayor Donald R. Sadler City of Washington P.O. Box 1988 Washington, NC 27889 NORTH CAROLINA EnWm mentaiQuatIty CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: dsadler @washingtonnc.gov Jonathan Russell CERTIFIED MAIL RETURN RECEIPT City Manager REQUESTED and electronically: City of Washington irussell@washingtonnc.gov P.O. Box 1988 Washington, NC 27889 Re: Amendment to the City of Washington CAMA Land Use Plan Dear Mayor Sadler and Mr. Russell: Please find enclosed the written Final Agency Decision granting the City of Washington's request for the first amendment to its CAMA Land Use Plan. Let me know if you have any questions. Very truly yours, The public had the opportunity to provide written comments on the plan up to thirty (30) calendar days after local adoption. No comments were received. CONCLUSIONS OF LAW 1. The City's Plan has met the substantive requirements outlined within the Land Use Planning Requirements effective February 1, 2016. 2. There are no conflicts evident in the City's Plan with either state or federal law or the State's Coastal Management Program. 3. The elected body of the City made a final decision on the contents of the amended Plan and provided opportunity for the public to provide written comment following local adoption of the plan, as required by N.C.G.S. § 113A-110 and 15A NCAC 7B .0802 and .0803, and the City's Plan was submitted to the NC Division of Coastal Management Commission without written objection or comment from the public. DECISION For the reasons stated herein, the City's request for certification of the first amendment to its Plan is GRANTED. This the � day of Tk,W— 2021. Braxton C. Davis, Director N.C. Division of Coastal Management CERTIFICATE OF SERVICE This is to certify that I have served a copy of the attached Final Agency Decision to the City of Washington and the North Carolina Coastal Resources Commission by the means specified below: Mayor Donald R. Sadler City of Washington P.O. Box 1988 Washington, NC 27889 Jonathan Russell, City Manager City of Washington P.O. Box 1988 Washington, NC 27889 Mike Dail, Director of Community & Cultural Services City of Washington M-.-Renee-C-ahvonTehair -- NC Coastal Resources Commission Mary L. Lucasse, Commission Counsel NC Coastal Resources Commission PO Box 629 Raleigh, NC 27602 Rachel Love-Adrick, District Planner Division of Coastal Management Method of Service CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: dsadler(awashinatonnc. eov CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: irussell@washinatonnc.eov Electronically: mdail@w.asbingtonnc.gov Electronically- -Renee.Gahoon@ncdenr go I -- Electronically: mlucasse(a).ncdoi.Qov Electronically: rachel.love-adrick@ncdenr.gov This is the day of 2021. Angela eAssistant to the Director In .. Bodnar, Gregg From: Love-Adrick, Rachel A Sent: Thursday, March 11, 2021 2:20 PM To: Howell, Jonathan; Bodnar, Gregg Cc: Miller. Tancred Subject: Major Permit Request by Beacon Street Moss East LLC. Categories: Important I_ I�GN Good Afternoon Jonathan and Gregg—� I have reviewed the Beacon Street Moss East project and discovered that it is inconsistent with the City of Washington LUP, specifically with the Future Land Use Map's High Density classification (pg. 226-227). 1 have outlined the entire classification requirements below. Abind Use classificatiII on requirements. The High Density Residential future land use category is intended to encourage dense residential development of mobile homes on individual lots, multi -family properties, mobile home park developments and single-family developments on small lots at least 6,000 square feet in size. o T e ensity: Densities will be seven (7) dwelling units per acre or less. • projects density exceeds the allowable density of 7 dwelling units per acre, the welling units /6.842 acian oThe maximum impervious surface sha be 40% coverage of a parcel. Where impervious su ace coverage exceeds 25%, an on -site stormwater management plan will be required. This � plan should address the first 1-1/2 inches of rainfall on -site. k?IA, Csew't Spe„� b � °C s SW ��1 � The impervious surface of the This exceeds the maximum impervious surface �w■r� ` of 40%. a >Aispo n Lt,C ■ The High Density classification states "where impervious surface coverage exceeds 25%, an on-site .(� I stormwater management plan will be required. This plan should address the first 1-1/2 inches of �^ k \'m rainfall on -site". Such a plan is being prepared according to the answer provided on the MP-1 form \Sitem S.h. l o Building Height: The maximum building height shall be 50 feet. G� — ■ The proposed building heights is unknowi. Consistency with this requirement cannot be deteMined at this time. o Permitted Uses: Single-family, multi -family, recreational, and open space land uses. ■ While marinas are not specifically stated as a permitted use other policies in the plan defer to 7H use standards and support marina development. • Policy P.29 (pg. 193) allows "residential, commercial, and industrial development which meets 15A NCAC 7H use standards ... in estuarine shoreline, estuarine water, and public trust areas", and P.34 supports the enforcement of 15A NCAC 7H in areas of environmental concern. • P.96 and P.97 (pg. 213) are in support of marina development, and find it essential to downtown revitalization efforts. o Uses Not Permitted: All non-residential land uses will be prohibited. Policy P.96 and P.97 support marina development. The proposed commercial/mixed use development is associated with the marina development. As you area aware there is no variance to an inconsistency with the LUP, the project either needs to be amended to be consistent with the land use plan or the City needs to amend the plan to make allow this project. Please let me know if you have any questions. Thank you, Rachel Rachel Lore-Adrick DirtrictPknner, Division ofCOM&d Mmragement D �` North Carolina Department of Environmental Quality 252.808.2808(Office) RwIeLLove-Adrick@ncdenr gov Ft6l6:,IPCrp?: tvr'.L t;,zo" I'Y'i:I J,l6/i�at'.v')� H iy thi t1Ft'a)ti4YJ Ili,;iYii 4L - , April 15, 2021 Regulatory Division ORM ID No. SAW 2020-01002 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED APR 1 5 2021 MP SECTION MHD Reference the application of Beacon Street Moss East, LLC, for a Department of the Army permit to construct a residential subdivision with a 50-slip private marina, 1,140 linear feet of bulkhead, 930 linear feet of boardwalk, remove marine debris, and place fill material in approximately 5,756 square feet of freshwater wetlands, on property located at 515 Water Street, adjacent to the Pamlico River, in the City of Washington, Beaufort 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 permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any 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 permittee 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 NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West H WY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this , -A project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. 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. 5. 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. 6. In order to compensate for impacts to 0.132 acres of wetlands the permittee shall make payment to the North Carolina Division of Mitigation Services (DMS) in the amount determined by the DMS, sufficient to perform the restoration of 0.264 acres of riparian habitat type wetlands in the Tar -Pamlico River Basin, Cataloging Unit 03020104. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the DMS and provided a copy of the payment documentation to the Corps, and the DMS has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment Quality and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. 7. 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. 8. 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. 9. 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. RECEIVED APR 1 5 2021 MP SECTION MHD A.. _ . 10. 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. 11. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit 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. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase 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 I I3A Article 4). 15. 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 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. 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 Wilmington 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 (910) 251-4564. Sincerely, ,(&6&) r32 G, 5P4)5 RBland, RECEIVED Regulatory Projectect Manager ager APR 1 1; 2021 MP SECTION MBE® Y" -.A Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh, North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Kelly Spivey, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 APR 1 5 2021 M Bodnar, Gregg From: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Sent: Monday, April 19, 2021 1:19 PM To: Bodnar, Gregg Subject: RE: [External] Moss East CL31 DCM.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Debris removal is my primary concern. Thanks! From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, April 19, 2021 11:26 AM To: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Subject: [Non-DoD Source] RE: [External] Moss East CL31 DCM.pdf DMF asked for it on all in -water work. We have not discussed the request since we are still waiting on Maria's comments. There is a lot of piling work on the piers so I am trending towards the moratorium for the pilings and piling removal. But I wanted to see if you were thinking of any specifics or everything in general. Gregg From: Bland, Raleigh W CIV CESAW CESAD (US)<Raleigh.W.Bland Pusace.army.mil> Sent: Monday, April 19, 2021 11:10 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] Moss East CL31 DCM.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to RRe ort Spam. Only if the State has a moratorium? Thought they were having for the debris removal? From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, April 19, 2021 11:05 AM To: Bland, Raleigh W CIV CESAW CESAD (US)<Raleigh.W.Bland Pusace.armv.mll> Subject: [Non-DoD Source] RE: [External] Moss East CL31 DCM.pdf Hey Raleigh, You have a moratorium for excavation and filling activities. The in -water work consists of the bulkhead, the marina and the removal of remanent pilings in the marina area for safe navigation. Are there specific activities that the moratorium applies to or all in -water work? Thanks for the help, Gregg Bodnar, Gregg From: Harrison, James A Sent: Monday, May 3, 2021 1:35 PM To: Bodnar, Gregg Cc: Dunn, Maria T. Subject: Re: Beacon St. Moss East Good afternoon Gregg, The comments submitted by DMF for the Moss East permit included a moratorium of April 1 through September 30. This moratorium was intended to protect resources covered under DMF jurisdiction, as the area downstream of the nearby railway has been designated as Secondary Nursery Habitat. However, the waters upstream of the railway, including the project location, are designated as Inland PNA under "C jurisdiction. As such, DMF supports the comments from, and moratorium requested by the WRC for this project. Thanks Gregg! Jimmy Jimmy Harrison Habitat and E-nhancement Section NC Division of Marine Pishcries is mes.ha rrison@ncdc n r.eov 252-9+8-3835 (Office) 757-272-3250 (Mobile - Preferred) i Email correspondence to andfrom this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. NORTH CAROLINA Envu'owncrtlul OaaGh February 17, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areoe.bodnarCa)ncdenr.aov SUBJECT: CAMA Major Permit Application Review ROY COOPER Governor MICHAEL S. REGAN secrelary BRAXTON DAVIS Dimclor, Division ofCoaaal Management Applicant: Beacon Street Moss East LLC. Project Location: on Pamlico River at 515 Water St. in the City of Washington in Beaufort Co. Proposed Project: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greprr Bodnar at the address above by March 9, 2021. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" 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 objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE 04iLOt4_ VllaAA6 J, DATE 9 March 2021 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NO 28557 (252) 808-2808 RECOVE® MAR 9 2021 PAP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary JOHN G. BATHERSON ActingUnwfor MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Beacon Street Moss East, Beaufort County DATE: 9 March 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located at 515 Water Street in the City of Washington, Beaufort County, North Carolina. The applicant is proposing to construct a 50-lot subdivision and an associated marina. The marina will consist of four piers (three with slips and one community pier), 50 boat slips along three of the piers, and a bulkhead. The boat slips will have the option to have a lift included in the slip. The application also includes river bottom debris removal, based on results of sonar surveying. The total area of piers and docks will not exceed 26,460 square feet. Water depths at the site range from - 3.5 50 -5 feet normal water line (NWL). The waters at this location are classified as SC NSW and are closed to shellfishing. The section of the Pamlico River between Blounts Creek and the railway immediately adjacent to the project location is designated as Secondary Nursery Area (SNA). SNAs are areas in which the later stages of juvenile development take place. These areas are often transition zones, and species found within these areas are often a mix of juveniles, sub - adults, and adults. The shallow waters of SNAs provide fish species with the necessary ecosystem services for post -larval development, and their protection is critical to ensure the growth to maturity for numerous commercially, ecologically, and economically important species. Therefore, taking into consideration the close proximity of SNA to the proposed project, the project scope, and the likelihood that fish species utilize the project area similarly to the designate SNA, DMF would recommend that a 1 April through 30 September moratorium be included for all in -water work. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at james.harrisonOncdenr.gov with any further questions or concerns. RECEI'VED MAR 9 2021 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 ,p � SECTION MHD 252-726-7021 1 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, May 18, 2021 9:38 AM To: Dunn, Maria T. Subject: FW: [External] RE: Beacon St Moss East Morning Maria, Please see below for comments from Moss East concerning their intention on piling removal. This can be conditioned as commitments made by the permittee. If this is sufficient to address your concerns please let me know. Thanks, `' r Gregg 1 From: Joe <josephslassiter@gmail.com> Sent: Tuesday, May 18, 20218:39 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Scott Murray <smurray@stmlandplan.com> Subject: [External] RE: Beacon St Moss East CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. G regg, As you are aware we reached out to Maria in a 5/7 email requesting an initial telephone conversation to discuss the Beacon Street project. That email related to your advising that she, representing the NC Wildlife Resources Commission (WRC), wanted to discuss piling removal associated with marina construction. To date we have received no response and we don't feel it's our place to put pressure on her to communicate. The Moss East position is that we are going to remove the pilings necessary to insure safe ingress and egress of vessels using the slips and to allow for safe use by kayaks, paddle boards, etc. in proximity to the marina. In addition, while we are removing relic pilings the building of the proposed marina docks and slips will create a substantial amount of pile supported habitat in the project area and should help mitigate the affects of relic piling removal. We remain ready to discuss the project with the NC Wildlife Resources Commission if they are so inclined. If not, we request that DCM proceed with processing of the application and reaching a permit decision. The response from WRC indicates that they support issuance of the permit with conditions concerning the construction moratorium, etc. and we assume DCM will condition the permit to reflect their position We would appreciate your thoughts on how to proceed. Thanks, Joseph S. Lassiter Lassiter Environmental Consulting, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 252.202.3800 From: Bodnar, Gregg Sent: Tuesday, May 18, 20218:06 AM To: Joe Subject: Beacon St Moss East Morning Joe, I wanted to check in and see how the WRC discussion was going. Hope all is well, Gregg gaw+rcetmmwanai p T Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 2SZ 808 28M eM 21S (Office) Gregggodnara ncdenr.aov Email camrspondeaw to andhorn this address is subject to the North Carvitho public Records Law aril may be disclosed to third parties. Bodnar, Gregg From: Joe <josephslassiter@gmail.com> Sent: Tuesday, May 18, 2021 8:39 AM To: Bodnar, Gregg; Scott Murray Subject: [External] RE: Beacon St Moss East CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Gregg, As you are aware we reached out to Maria in a S/7 email requesting an initial telephone conversation to discuss the Beacon Street project. That email related to your advising that she, representing the INC Wildlife Resources Commission (WRC), wanted to discuss piling removal associated with marina construction. To date we have received no response and we don't feel it's our place to put pressure on her to communicate. The Moss East position is that we are going to remove the pilings necessary to insure safe ingress and egress of vessels using the slips and to allow for safe use by kayaks, paddle boards, etc. in proximity to the marina. In addition, while we are removing relic pilings the building of the proposed marina docks and slips will create a substantial amount of pile supported habitat in the project area and should help mitigate the affects of relic piling removal. We remain ready to discuss the project with the NC Wildlife Resources Commission if they are so inclined. If not, we request that DCM proceed with processing of the application and reaching a permit decision. The response from WRC indicates that they support issuance of the permit with conditions concerning the construction moratorium, etc. and we assume DCM will condition the permit to reflect their position We would appreciate your thoughts on how to proceed. Thanks, Joseph S. Lassiter Lassiter Environmental Consulting, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 252.202.3800 From: Bodnar, Gregg Sent: Tuesday, May 18, 20218:06 AM To: Joe Subject: Beacon St Moss East Morning Joe, I wanted to check in and see how the WRC discussion was going. Hope all is well, Bodnar, Gregg From: Dunn, Maria T. Sent: Monday, May 3, 2021 9:28 AM To: Bodnar, Gregg; Pullinger, Robert C; Martin, Tina R Cc: Harrison, James A; raleigh.w.bland@usace.army.mil Subject: Re: Beacon St. Moss East The moratorium should be 2/15-9/30. Inland PNA and the same as the City of Washington. I have concern with some of the clearing. Too much habitat removal. If the above moratorium is not used, I will object. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, May 3, 2021 8:04 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Martin, Tina R <Tina. Martin @ ncdenr.gov> Subject: Beacon St. Moss East Moring all, Raleigh issued with a moratorium 4/1 to 9/30 and I asked for clarification to what parts of the in -water work (see above). DMF also suggested the same. I wanted to check in with both of you about your comments and if they would be similar. The applicant has been calling recently about updates. Thanks, Gregg 1 ROY COOPER :,M MICHAEL S. REGAN BRAXTON DAVIS 3f„n.(c;.urzvu February 17. 2021 G21.02 °22 03 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-1 B-XV arego.bodnarC'a ncdencoev SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Moss East LLC. Project Location: on Pamlico River at 515 Water St. in the City of Washington in Beaufort Co. r Proposed Project: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 9, 2021. If you have any questions 'regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the proje t only i the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME mae�� • F n n AGENCY i�G,.)?,c SIGNATURE DATE 5`3-2Q2� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808.2808 _ MAY 4 2021 - 4-, 1 North Carolina Wildlife Resources Commission 5 Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality i FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: May 3, 2021 MAY 4 2021 rim s' E ` &' L' r . !1 SUBJECT: CAMA Dredge/Fill Permit Application for Beacon Street Moss East, LLC, Beaufort County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 515 Water Street adjacent the Pamlico River in Washington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 el seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.&C. 661 et seq.) and the Migratory Bird Treaty Act. The applicant proposes to construct a 504ot subdivision with a private 50-slip marina consisting of three piers, a 1,140' long bulkhead installed an average 2' maximum 6' waterward NWL, a 930' by 8'3" boardwalk, associated wetland fill and Tar -Pamlico Buffer impacts for residential and infrastructure construction, and under water debris removal within the vicinity of the marina. The three piers (195', 200' and 225' in length) will be 8'3" in width and terminate with a 10' by 12' covered platform. A kayak launch appears to be located on each pier landward of all slips. Each pier will have ten 24' by 3' finger piers to create 50 slips, each equipped with a lift. A 195' by 8'3" community pier with a 24' by 32' partially covered platform and step downs is proposed to be located between the two upstream docking piers. The applicant states debris removal from previous property activities will be conducted. Existing underwater piles would be removed by placing a hollow metal pipe over the piling to the existing bottom contour and to snap the pile at the bottom and remove. The Pamlico River at this location is classified SC NSW by the Environmental Management Commission, is subject to the NC Division of Water Resources Tar -Pamlico Basin Buffer Rules, is designated a Primary Nursery Area (PNA) by the NCWRC and is Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 Page 2 designated critical habitat for the federal endangered Atlantic sturgeon (Acipenser oxyrinchus) by the National Marine Fisheries Service (NMFS). The NCWRC has reviewed the permit application and has several comments regarding the project and its impacts to wildlife resources. The Pamlico River at this location is designated a PNA and serves as critical habitat for Atlantic sturgeon. This means the area provides important habitat and spawning opportunities for several resident and anadmmous species, including but not limited to Striped bass (Moron saxatilis), Alewife (Alosa pseudoharengus), American shad (Alosa sapidissima), and Hickory shad (Alosa mediocris). Therefore, avoidance and minimization of impacts to aquatic habitats as well as riparian areas that filter stormwater runoff to these systems is important. The NCWRC requests the applicant further minimize impacts to riparian Section 404 wetlands by removing development on Lot 20. The majority of this lot is delineated as wetlands. The avoidance of development on this lot would significantly reduce the amount of proposed wetland fill. As sea level rise and storm intensity increases, wetlands and low-lying areas become more susceptible to flooding. Development within these areas should be minimized as much as possible. The application states there are debris in the area of the proposed marina and that a sonar survey showed the areas of debris. As a result of this survey, the applicant proposes to remove an undisclosed amount of debris and pile structures associated with the project development. While it is understood an area free of piles and debris is needed for safe navigation, these piles and debris provide important habitat opportunities. Areas of piles and debris near shore and not in the navigation path of the three docks should remain to continue to provide structure within the designated PNA. This statement of structure importance and request to minimize removal is consistent with other statements and requests for projects in the area that exhibit important habitat opportunities. The use of these areas by fish is demonstrated by the focused angler activity in the area. The NCWRC welcomes discussion regarding the exact location of debris in association with the 50-slip marina development. The described method of pile removal is preferred over dredging, To finalize our comments, the NCWRC requests the following be included as permit conditions: • Avoidance and minimization of riparian wetlands and buffers should be exercised to the greatest extent possible. Depending on the final calculation of impacts, mitigation at a minimum of 2:1 will be requested. • The removal of piles and debris should be done in a manner that provides safe navigation but does not completely remove structure in shallow water areas that are outside the navigation paths from the docks to the main channel. Location of debris areas is requested. • To minimize impacts to PNA and sturgeon habitats, a February 15 — September 30 in - water work moratorium should be included as a permit condition. In -water work includes dredging or other bottom disturbing activities (pile and debris removal) as week as installation of piles by drilling, vibratory driving, orjet washing. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at nuuix.durui@i c wi Idlife.ora RECEIVED M AY 4 2021 MP SECTION MH® Governor Roy Cooper May 24, 2021 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Secretary D. Reid Wilson MEMORANDUM RECEIVED M AY 2 A. 2021 TO: Gregg Bodnar MP SECTION MHD Division of Coastal Management Major Permits Section Ct FROM: Ramona Bartos P 9&aAL�,. µ t,)QLA*S. SUBJECT: Moss Landing III, 515 East Water Street, Washington, Beaufort County, ER 20-1381 Thank you for your email of February 17, 2021, regarding the above -referenced undertaking. We apologize for the delay in our response and any inconvenience it may have caused. A portion of the project, a proposed connection to S Charlotte Street, is within the National Register -listed Washington Historic District (BF0069). While we have no objections to the overall development site plan and designs, we do have concerns regarding any plans to improve Charlotte Street. The project will have no adverse effect on the district based on the condition that any plans to improve Charlotte Street are submitted to us for review and approval. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no further archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewAncdcr.gov. In all future communication concerning this project, please cite the above -referenced tracking number. Location: 109 Past Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Pax: (919) 814 6570/814-6598 Bodnar, Gregg From: Pullinger, Robert C Sent: Wednesday, September 1, 2021 4:17 PM To: Bodnar, Gregg Subject: RE: Moss East and Nutrien (PCS) G regg, Yes sir, proceed on, I thought I'd have the permit for Nutrien to you now (but it's still waiting to be signed), and hopefully I'll have the Moss East to him before tomorrow morning, when I'll remind him to sign the other one also... Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 252 948 3918 office/desk phone 252-943-1036 state cell phone chrisyullinaer0mcdennoov From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 01, 2021 12:37 PM To: Pullinger, Robert C <chris.pullinger@ncdenr.gov> Subject: RE: Moss East and Nutrien (PCS) Hey Chris, Thanks. Can I move to issue with those numbers? Gregg From: Pullinger, Robert C <chris.aullinger@ncdenr.gov> Sent: Wednesday, September 1, 20219:31 AM To: Bodnar, Gregg <gregg.bodnar ncdenr.gov> Subject: RE: Moss East and Nutrien (PCS) Gregg, I finally did find the PCS one, which will be 2021-0889 vl (and I'll have the letter to you today, it'll be in my supervisor's box to sign in the next 30 min.), and the Moss East/Beacon Street one's number will be 2021-0442 v1, I've got a little more work to do to finish things on that one, but am hoping to have that one complete by tomorrow. Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 252 948 3918 office/desk phone 252-943-1036 state cell phone chris.pulli nger(Mricdenr.aov From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 01, 20219:23 AM To: Pullinger, Robert C <chris.pullinger@ncdenr.gov> Subject: RE: Moss East and Nutrien (PCS) Morning Chris, My 150's are coming up this week and need to move on these. Do you have the numbers yet? Thanks, Gregg From: Bodnar, Gregg Sent: Tuesday, August 31, 2021 9:09 AM To: Pullinger, Robert C <chris.pullinger@ncdenr.gov> Subject: Moss East and Nutrien (PCS) Morning Chris, Just wanted to check in on these two. Got a call yesterday from Moss East. Thanks, Gregg REQ L,riniu4Yi¢+JW t`// Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 SW 20M ext 21S (office) Gre B nar ncdeargov Email carrespondence to andImm this address is subject to the North Cam4na PabNc Records Low and maybe disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Beacon Street Moss East, LLC, Moss East 2. LOCATION OF PROJECT SITE: on Pamlico River at 515 Water St. in the City of Washington, in Beaufort County, North Carolina Location - 35° 32' 15" N 770 2' 56" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8 February 2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received —12 February 2021 Office — Washington 6. SITE DESCRIPTION: (A) (B) (C) (D) (E) Local Land Use Plan — City of Washington Land Classification from City of Washington LUP — future land use (high density residential/mixed use), water (hydrology, inland waters) AEC(s) Involved:, PTA, PTS Water Dependent: YES Intended Use: Private Wastewater Treatment: Existing — City of Washington sewer (F) Type of Structures: Planned — City of Washington sewer Existing —buildings, parking/driveways, concrete debris shoreline Planned — subdivision, community pier, bulkhead, 3 marina piers (G) Estimated Annual Rate of Erosion: 1.0' Source - applicant HABITAT DESCRIPTION: IAREAI DREDGED FILLED OTHER (A) Vegetated Wetlands t5,756 ft' filled (B) Pamlico River bottom f2,280 ft' filled t18,716 ft' shaded bulkhead(piers) (C) Other t 287,496 ft' Highground (D) Total Area Disturbed: (E) Primary Nursery Area (F) Water Classification: t7.2 acres (t314,248 sq. ft.) Yes SC NSW Open: no 8. PROJECT SUMMARY: The applicant proposes to construct a 50 lot subdivision with a private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. RECEIVED FEB 17 2021 DCM-MHD CITY Beacon Street Moss East, LLC Moss East 515 Water Street, Washington Beaufort County Project setting Lassiter Consulting, LLC and Scott Murray Land Planning on behalf of Beacon Street Moss East, LLC. has submitted the attached CAMA Major Permit application for construction of a 50 lot subdivision with a private marina, bulkhead, boardwalk, River bottom debris removal and wooded wetland fill. The project site is located at 515 Water Street in the City of Washington downtown area on the Pamlico River in Beaufort County North Carolina. The project site was most recently a lumber and builders supply store. The project site has 3 large metal buildings atop concrete pads. There is currently approximately 1,080 ft' of impervious surface located within 30' of the Normal Water Level (NWL). A large portion of the uplands serves as driveways/parking and lumber laydown areas. The elevation is approximately 5'-6' above NWL. The facility has been in its current configuration for many years. Prior to its most recent use the existing buildings were part of a larger lumber sawmill that operated immediately to the west of this property. The property to the west which was the sawmill has been developed as Moss landing. Moss Landing is a single-family residential subdivision separated from the Pamlico River by a large storm water pond that serves as a drainage basin for downtown Washington. A rip rap revetment is located between the storm water pond and the Pamlico River. Moss Marina is located immediately water ward of the rip rap revetment. This marina was permitted via CAMA Major 98-06. The City of Washington maintains a public boardwalk parallel to the shoreline within the storm water pond. The property to the east (downstream) is the Carolina Coastal Railway. This railroad crosses the river immediately east of the project site. There is an old railroad spur that leads into the project site that is no longer in use. The site has approximately 980linear feet of shoreline that is stabilized with broken concrete debris. Woody vegetation has grown through the stabilized concrete debris. Additionally, the entire length of the shoreline is vegetated with vines, briars, scrub shrubs and various hardwood species ranging in size from 3"-10" diameter at breast height (DBH). This vegetation is located immediately landward of NWL ranging from 20% 30' in width. Wooded wetlands are present on the east side of the property adjacent to the railroad. The applicant has calculated that the project site is approximately 74% (220,846 ft') impervious. Water depths in the area immediately adjacent to the project site range from 3.5'-5.0' below NWL. Given the historical use of the property as a sawmill and lumber yard the applicant conducted an underwater sonar survey to identify underwater pilings and wooden debris. RECEIVED FEB 17 2021 DCM-MHD CITY Beacon Street Moss East, LLC Moss East 515 Water Street, Washington Beaufort County Page 2 The Pamlico River in this area is classified SC NSW by the Environmental Management Commission. This section of the Pamlico River is designated as inland fishing waters and has been designated as a Primary Nursery Area by the Wildlife Resources Commission. The property is subject to the Tar -Pamlico Basin Buffer rules administered by the NC Division of Water Resources. No SAV was observed during the on -site visit on 8 February 2021. Project description The applicant proposes to construct 1,140 linear feet of bulkhead an average of 2' and a maximum of 6' water ward ofNWL. This alignment will place the bulkhead near the water ward toe of the existing concrete debris shoreline. The applicant proposes to fill 5,756 ft= of wooded section 404 wetlands. The fill is divided into two separate areas. The first area of fill is 1,400 ftz to connect the proposed subdivision to Charlotte Street extension. The second area of fill is 4,356 ft2 on lots 19 & 20 to facilitate the construction of a residential structure and to provide positive drainage to the proposed unit as described in the project narrative. The applicant proposes a 50 lot single-family residential subdivision. There will be one lot reserved for a retail and commercial building. Construction of seven single-family residential homes will encroach into zone 1 of the Tar- Pamlico River basin buffer and the Public Trust Shoreline Area of Environmental Concern. The plat indicates 17 homes will encroach into Zone 2 of the Tar -Pamlico basin buffer. The applicant proposes three pile supported boat slip piers. The piers will be 195', 200' and 225' in length. The applicant proposes each pier to be 8' 3" in width. Each pier will have ten 3' x 24' finger piers and a 10' x 12' covered platform at the terminal end. At the near shore end of these piers a 20' x 16' floating kayak platform is proposed. The construction of these piers and 224 mooring pilings will result in 50 permanent boat slips. The applicant also proposes an uncovered 12' wide x 14' long lift in each slip. A 8'3" wide x 195' long community pier with a 24' x 32' (partially covered) platform is proposed to be located between the two upstream boat docking piers. This pier will also have 15' x 4', 10' x 5', 20' x 6' and a 15' x 6' stepdowns. Additionally, the applicant proposes a 8'3" wide boardwalk immediately waterward of the proposed bulkhead for a total length of approximately 930 linear feet. The applicant has identified pilings and wooden debris on the bottom by underwater sonar in the area of the proposed marina and navigational area. The applicant is proposing to remove these obstructions per the methodology described in the narrative. RECEIVE® MAR 1 2021 MP SECTION !fir!® Beacon Street Moss East, LLC Moss East 515 Water Street, Washington Beaufort County Page 3 Anticipated impacts The construction of the bulkhead will result in the filling of approximately 2,280 ft2 of Public Trust area. The construction of the boardwalk and piers, finger piers and platforms will result in the shading of approximately 18,716 ft2 of Public Trust Area. The construction of the private marina slips (lifts), docks, mooring facilities and community pier will usurp 25,668 ft2 of public trust area. There will be an undetermined amount of bottom disturbance due to the removal of submerged pilings and woody debris. The project will result in the filling of approximately 5,587 ftz of jurisdictional wooded wetlands. This amount, comprising of two separate areas, is described above and in the narrative. A land disturbance of 6.6 acres is proposed. The impervious surface on the site will be reduced from 74.1% to 56%. The construction of 17 homes will impact the 50' Tar -Pamlico Basin Buffer. A scoping meeting was held in the Washington Regional Office on 4 June 2020 for this proposed project. Kelly Spivey — 15 February 2021 RECEIVED FEB 17 2021 DCM-MHD CITY BEACON STREET MOSS EAST, LLC — MAJOR CAMA PERMIT APPLICATION NARRATIVE The following is a project narrative which provides an overview of the Major CAMA Permit application prepared for the proposed Beacon Street Moss East project. The subject 6.84 acre property is located at 515 Water Street on the waterfront adjacent to the Pamlico River in the City of Washington, Beaufort County, NC. The project applicant is Beacon Street Moss East, LLC (Moss East) and the property owner is Beacon Street Moss East, I.I.C. There are six associated upland development and waterfront/marina development plans that have been prepared by Scott Murray Land Planning, Inc. (SMLP) and Mayo Land Survey (Mayo). The plans include a (1) boundary survey by Mayo that shows existing impervious surface and a 404 wetlands delineation,(2) a project site plan showing the proposed CAMA project, (3) a stormwater management plan, (4) a shoreline development plan that provides additional detail concerning waterfront development (5) a detailed/cross sectional plan that documents how the piers and slips, bulkhead and boardwalk will be constructed, (6) a plan showing impacts within the Tar - Pamlico buffer and the Public Trust Shoreline AEC. Also included are an underwater sonar survey prepared by Thompson Maritime Consulting showing the location of remnant pilings in the Pamlico River, a Stormwater Management Plan narrative prepared by Scott Murray, and a letter of zoning compliance from the City of Washington. Site analysis, permit design and application preparation assistance are provided by Lassiter Environmental Consulting, LLC (LEC). The project is located on the former Litchfield property and lies within a designated Urban Waterfront as defined in NCAC 7H .0209 (g). Existing onsite development includes three large metal buildings with associated concrete pads, parking, and driveways. Impervious surface is calculated to be 220,846.4 sq. ft. which equals 74.1% of the total site. The existing 980 If shoreline is stabilized with riprap using a combination of concrete, construction rubble and brick. The riprap is currently in a state of disrepair and inadequate to protect the shoreline from erosion. The current erosion of the shoreline is approximately 1' in the areas where the riprap has deteriorated. Erosion appears to be caused by fluctuating water levels and river current flow in the Pamlico River. The shoreline is vegetated with a variety of invasive woody vines and volunteer small trees and shrubs. Section 404 wetlands are present and have been delineated by LEC and surveyed by Mayo (see attached boundary survey). The applicant has submitted to the USACE information concerning the delineation of the 404 wetlands. The property is provided urban level services by the City of Washington including central water and sewer, police and fire protection, and solid waste collection. Included with this narrative are NC DCM Forms MP -1, 2, 3 and 4, certified letters to adjacent riparian property owners, a copy of the deed, a check for $400 for the permit application fee, and the six site plans, underwater sonar and zoning compliance listed in paragraph one. Proposed upland development includes the construction of 51 structures with associated roads and parking. 50 of the units will be single family residential and 1 will be an associated retail/commercial building. Existing impervious coverage is 74.1%. The proposed development will result in an approximately 17% total reduction of impervious surface. That reduction in impervious surface along with innovative stormwater design to include "Subsurface Flow Spreaders" are considered mitigating measure as indicated in MP-3 m (see Stormwater Management Plan (3) for details). It is recognized that a stormwater management application, sedimentation and erosion control plans and design and approvals for the extension of water and sewer to the development. That procespEnow (') RECEIVED FEB S 2021 FEB 17 202, DCM-WAH(-' DCM-MHD CITY Page 2, Beacon Street Moss East Narrative Proposed shoreline enhancement and stabilization includes the construction of 1,140 If x 2' wide vertical wall vinyl bulkhead located from 2' to 6' waterward of normal water level (NWL). Bulkhead location is driven by the extent and location of existing shoreline riprap. Associated with the bulkhead will be a 930 If long x 8'3" wide boardwalk running along the shoreline and constructed waterward of the proposed bulkhead. An associated marina development is proposed within the Public Trust Waters of the Pamlico River. The marina will consist of three piers with a total of 50 boat slips with associated optional boat lifts and a fourth community pier. The three piers will be as follows; west pier 200' long x 8'3" wide, center pier 225 long x 8'3" wide, and eastern pier will be 195' long x 81" wide. 10' x 12' shade structures are proposed at the end of each pier. The boat slips will be approximately 25' long x 12' wide with associated finger piers and mooring pilings. Including the pilings required to build boat lifts approximately 224 tie & guide pilings will be installed as a part of the slip construction. The fourth pier (community pier) will be 165' long and 8'-3" wide. The 8' 3" width of the piers is proposed to provide safe passage to boat owners and their guests. With slips on both sides and associated boating equipment, carts, pedestrian traffic and storage on the docks it is the applicants' position that a typical 6' wide dock is inadequate for the use and safety of owners and visitors utilizing the piers. The access walk is also proposed to be 8' 3" due to anticipated pedestrian traffic and to allow room for benches, light bollards, carrying or towing of kayaks, paddleboards, canoes, etc. The total area of piers and docks impacting Public Trust Area does not exceed 26,460 sf (980 If x 27 sf/If). A summary table of these calculations is included on the Sheet 0.0 and 4.0 of the plan set. The marina lies within water depths ranging from -3.5' to -5.0 of depth at NWL. Average depth is approximately -4.0'. We are advised by the NC Wildlife Resources Commission that this area of the Pamlico River is designated as an Inland Primary Nursery Area. Therefore, no dredging activities are proposed in this application. A review of the area where the marina slips and fairways will be located indicates that there are a number of relic pilings and wooden debris in the project area. Attached to this narrative is an underwater sonar survey prepared by Thompson Marine Consulting. The sonar indicates the location of what appear to be pilings once associated with old piers and walkways. The sonar indicates the majority of the pilings are centrally located, and this is the area in which the majority of the piling removal will be focused. There are also other scattered pilings in the area denoted on the waterfront development site plan (Sheet 5) that will need to be removed to provide safe navigation to the marina. I further reference the onsite review by Toby Tetterton representing Us Marine Construction of the area and his confirmation concerning piling locations. Following his review, the proposed methodology for removal of the pilings is to place a hollow metal pipe over the piling extended to the existing bottom contour and to snap the piling at bottom level and remove. The removal will be kept to the minimum necessary to provide safe ingress and egress of vessels utilizing the marina. There are jurisdictional Section 404 wetlands located on the property along the northeastern property boundary. The delineated wetlands are depicted on the boundary survey prepared by Mayo Land Surveying. The wetlands plan sheet 1 and associated documentation and data sheets have been (RECEIVED DECEIVED FEB 5 2021 FEB 17 2021 DCM—WARD DCM-MHD CITY submitted to the US Army Corps of Engineers (USACE). The wetlands line has currently not been confirmed by the Corps. Based on the current delineation there area total of 5,587 sq. ft. of Page 3, Beacon Street Moss East Narrative jurisdictional wetlands on the subject property. The site plan proposes two areas of Section 404 wetlands fill and represents the applicant's best efforts to avoid and minimize wetlands impacts to the fullest extent possible. Area 1 is 1,400 sq. ft. and is required to tie the interior roads in the Moss East project to the existing Charlotte St. right of way. The road extension is required to enhance and provide safe passage to owners and visitors to the project and to facilitate fire, rescue and trash collection. The second area of fill totaling 4,356 sq. ft. is on Lot 19 and Lot 20. The fill is required to facilitate the construction of a residential structure on the lot and to provide positive drainage to the proposed unit. It is anticipated that compensatory mitigation may be required by USACE for the wetlands impacts and we anticipate completing that process as required by USACE as a part of their review and comments during the Major CAMA application process. A DEQ scoping meeting was held at which DW R staff were in attendance. The date of the meeting was June 4, 2020 and this project was discussed. This meeting met the requirement for requesting a pre - filing meeting under 40 CRF Part 121 for 401 Certifications in accordance with the federal Clean Water Act. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of our knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you for your review of this Major CAMA application. If you have questions, comments or need additional information please contact Joe Lassiter at 252.202.3800 or at joseohslassiter@gmail.com . RECEIVED FEB 5 2021 RECEIVED DCM-WARO FEB 17 2021 DCM-MHD CITY wAn w .me rw rm�wvr +o raise w M A p:SM RNIMY 94 M OM YR mmc T ram Yrs rtau o cNare Yr +I a au romw o p61aG �n - rr.A • PETK Y.Y. IML . PYiaF YMUq.4 aa+ � �•nrunm �/GL4d .c°ate 0 60 �zo Sao arc+ nTu, TRACT "A" TAT' b? / •\`\ 0 4 s v +t R h• ��� • W� 4H4 CP�t A a� • o-� TRACT "A" a y 6.757 ACRES vmw�ma ,i. C. y I MOSS LANDING III w� r iuyo ANa. aSdsso.0 O,aF"S, a 1. arann Yw Y.r®s P v_ +4�>ualli� 1,+1N PAMLICO ^� RIVER FEB 5lu.a NOTE: YAFr YMW ��A+ DC .�wRR1�U4 aEYrCAC9Y(IfOrC YrFo+ u>e tAY+Y ia.oe v A uA Bu7�7iI'c � `mow N�ex NORF()LX SOMEAN RNLROM OR TIOR SURCONFRACTORS OR LESSEE I NAYS NO mGNTS TO THE USAGE OF ANY SPUR T SFIE. 11FE5 ON SEE DEED ROOK 672, VNE M7 FOR FEE TIRE TRANSFER. 0000�o� L�iIF:ElI�iF'TF:T/t':F'1•�E�¢it_R'�! I:Si.'a. i0 efS"Y Yf�ll'l� �-1•eLY"YiFI�tA� �7<fTR. i�t'rN� 1 7 2n9i DCM-Mpr) r_►Tv Google Earth 4e , Z4 AP 4e 500 ft 0 ` w eAP, 1 • mile 1 1 4i RECEIVED FEB 12 2021 DCM-WARO BK2033PG803 aaAU80aT COU9'•� , : ROUTING F� Land aecorde Official Date FOR eGISTnrTIO"gYAl I1 TIFRaOF 01108 6ewlorl county. a6 R Book 2033P2g 803 056 P8 FEE: $26. Be NCIRSTRBrNTEM T3202OP 089150 9 liiiiiiiiiiiiiiiii wwi20vi PREPARED BY: MAYO 6 MAYO ATTORNEYS AT LAW 102 WEST 2ND STREET WASHINGTON. N C 278e9 This Instrument prepared by William P. Mayo Jr, a licensed North Carolina Attorney. Delinquent taxes, if any, to be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds. NORTH CAROLINA BEAUFORT COUNTY THIS DEED, Made and entered into this the 3 day of August, 2020, by and between LITCHFIELD HOLDINGS, LLC, a North Carolina Limited Liability Company whose address is 135 Harbor Road, Washington, NC 27889, party of the first part; to BEACON STREET MOSS EAST, LLC, a North Carolina Limited Liability Company, of 3126 Sussex Road, Raleigh, NC 27607, parry of the second part; WITNESSETH: That party of the first part, for valuable consideration paid by the party of the first part, the receipt of which is hereby acknowledged, has sold, and by these presents, does grant, bargain, sell, and convey unto the party of the second part, its successors and assigns, in fee simple, that parcel of land in the City of Washington, Beaufort County, North Carolina, more particularly described as follows: IT BEING Tract "A" containing 6.757 acres as shown on survey prepared by Mayo and Associates, PA entitled "Survey for Beacon Street Moss East, LLC' dated July 22, 2020 which is recorded in Plat Cabinet J , Slide 141—Z , Beaufort County Registry, and being the same lands as were conveyed to Litchfield Holdings, LLC by deed dated June 30, 2011 of record in Deed Book 1755, Page 886, Beaufort County Registry, to which map and deed reference is herein made and incorporated for a more complete and detailed description. Further reference being made to that survey prepared by W oodlief & Associates, PA dated November 13, 1989 entitled "Map of Survey for Thompson D. Litchfield" which is recorded in Deed Book 919, Page 21, Beaufort County Registry. ,tECEIVED FEB 17 2021 DCM—IUII," Pei 1 1 OK203MOO 5 RECEIVED FEB 12 2021 DCM-WARO RECEIVED FEB 12 2021 DCM-WARO LITCHFIELD HOLDINGS, LLC By: �)dl a � �/ (Seal) WILLIAM F. LITCHF ELD, GER (Seal) HOM ON D CHF D, SR., MANAGER STATE OF COUNTY OF e"OFDttA- I, W to 0.A --a Notary Public in and for the county and State =da do h Alreby certi that WILLIAM F. LITCHFIELD and THOMPSON D. LITCHFIELD, JR. personally appeared before me this day and acknowledged that they are MANAGERS of LITCHFIELD HOLDINGS, LL, a North Carolina Limited Liability Company, and that by authority duly given and as the act of such entity, they signed the foregoing instrument for the purposes therein expressed. . Witness my hand and My Commission expires: O ' _`' _IAA W l 11 "o (5'�n this thlday of August, 2020. 0011111110 `` _I] '7 i RECEIVED �= ' G o``� FEB 17 2021 IVC 111111tt't OCIVI-MHO CITY B"K1828PC481 FOR PEGIJ•nni LRr rION ib ... IIFYM1I bhurSTER OF �E� Baaulari cant QCommo. ac I,t� {er l�ll�l'Itr�r�I10r111111y1pry 1sylim CoIJ� September 19, 2013 k 2e-12 PM IIIIIIII�II�II■e1�IlryleNrlBlprR•hlpelllyllRl�r••ll Ish■Yggll'n■■IpINpIla1�LBBInu111 IN Boots 1828 Page 481-683 MGM rural FFNU NC REVENUE to RE4ENVE STPMP 1,900 00 tend Receeda r e,., �,Ce 3 INSTRUMENT2ae asus 16TNF 141303 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: S1,900.00 Tax Parcel Nos. 13-025590 & 15-026482 Return to: Weatberstroon & Voltz LLP. 3605 QlcnwQod Avenue, Suite 480 •le' h NC 27612 This instrument was prepared by: Wesihe,poon & Volta LLP Brief description for the Index: Mom Landing Phase 11 and Phase 111. Washing NC THIS DEED is made this � day of September, 2013, by and betwatc GRANTOR MOSS LANDING ONE, LLC, a North Carolina limited liability company P O. Box 1845 Washington North Carolina 27989 GRANTEE BEACON STREET MOSS, LLC, a North Caroline limited liability company 2019 Fairview Road Raleigh, North Caroline 27609 The designation Grantor and Orem" as used herein shell include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable romideration paid by the Grantee, the receipt of which Is hereby acknowledged, hm and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple those certain lots or parcels of land studded In the City of Washington Beaufort County, North Caroline and being described in Exhibit A attached hereto and incorporated herein. The property heMnabove described was acquired by Grantor by instrument recorded in Book 1545. Page 649, Beaufort County Registry. A map showing the above described property is recorded in Plat Cabinet H, Slide 7 - 7, Beaufort County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. All or a Portion of the property herein conveyed❑ includes or ® does not include the primary residence of Grantor. RECEIVED FEB 12 20ZI DCM-WARO RECEIVED FEB 17 2021 DCM_•"r " "Ty BK1828Pc483 And the Grantor covenants with the Grantee, that Grantor is seited of the premtses in fee simple, has the right to convey the same in fee simple, thettitle is marketable and free and clear of ell encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whom saver, other thanthe following exceptions: 2014 and subsequent yeah ad valorem taxes, easements, restrictions and rights•of--way of record. IN WITNESS WHEREOF, the Grantor has duty executed this insVumentas of the day and year first above written. Moss Landing One, LLC, a North Carolina limited liability company By: Progress Companies, LLC, a North Carolina limited liability company, its Manager i Br. s Williamson, Menage STATE OF NORTH JWA COUNTY OF 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein and m the capacity indicated: James Williamson. Manager of Progress Companies. LLC be'rK the Man ker of Moss JandbotOne. LLC Date: September _� 2017 NtsWyPublic QQ � My commission expires: rj 2.8'I 7 Printed N.me U [official seal) Mt4otaryPu od lic NC 2 RECEIVED FEB 12 20ZI RECEIVED DCM-WAROFEB 17 2021 (� %a PC DCM-Mur,^pry MiSg R°� PIA J-6 or rLRyRRI ILYgIT"IRIDiur D1kn5 a.. i.rl 2ounlr M Novarter 091 1028 04,13:36 P1 Book 2042 Pige 315.31, rEE. s2s DO IBSTPW' T 12820006046 BEAUFORTCOUNTY LAND PECOADa III III��I�I�III�IIIIIINIIIII�I II��I ROUTING FOAN L� u a land Pecords official Ente flC;iRl11E11 I HSU e�xG' PRKPARte eV: MAYO a MAYO ATTORNEYS AT LAW IOe WEST eMO STREET WASHINGTON. N C ]>Bae This Instrument prepared by William P. Myo it, a licensed North Carolina Attorney. Delinquent taxes, if any, to be paid by the cloning attorney to the County Tex Collector upon disbursement of closing proceeds. NORTH CAROLINA BEAUFORTCOUNTY THIS QUIT' CLAIM DEED, Made and entered into this the 7 day of November, 2020, by and between LITCHFIELD HOLDINGS, LLC, a North Carolina Limited Liability Company whose address is 135 Harbor Road, Washington, NC 27889, Party of the first pan; to BEACON STREET MOSS EAST, LLC, a North Carolina Limited Liability Company, of3126 Sussex Road, Raleigh, NC 27607, party ofthe second part; WITNESS. : "That party orthe tint part, for valuable consideration paid by the parry of the first pan, the receipt of which is hereby acknowledged, has sold, and by these presents, does hereby release and forever quitclaim, unto BEACON S'rREETMOSS EAST, LLC, its successors and assigns forever, all such right, title and interest as the party of the first pan has in or to that parcel of land in the City of Washington, Beaufort County, North Carolina, more particularly described as follows: IT BEING Tract "B" containing 0.025 acre as shown un survey prepared by Mayo and Associates, PA entitled "Survey for Benton Street Moss East, LLC Owner Litchfield Holdings, LLC" dated July 22, 2020 which is recorded in Plat Cabinet J, Slide 21- 9, Beaufort County Registry, to which map reference Is herein made and hlcurpornted for a more complete and detailed description. DECEIVED FEB 17 2021 17CM-MHD CITY RECEIVFD FEB 12 2021 DCM-< ARO LITCHFIELD HOLDINGS, LLC B�i14A X Jfzffo!/ (Seal) WILLIAM F. LIT F LDIB MAN R (Seal) THOMAON TC 1 ELD, R., MANAGER STATE OF . COUNTY OFruf I. w NU --&A' , ,a Notary Public in and for We county and State aforesaid, do he by cenify tat WILLIAM F. LITCHFIELD aad THOMPSON D. LITCHFIELD, JH. personally appeared before me this day and acknowledged that they are MANAGERS of LITCHFIELD HOLDINGS, LL, a North Carolina Limited Liability Company, and that by authority duly given and as the act ol'sueh entity, they signed the foregoing instrument for the purposes therein expressed.. Witness my hand anZ=7 . My RECEIVED FEB 1 7 2021 DCM-mNI) elry �� 0- " RECEIVED ,jpuwl�; FEB 1 2 �2021 n >I o QC DCM-WARO Authorized Agent Consent Agreement i (Properly'Zt1n)) , JAM 914 herby authorize'I'obin Jay Tetterton of T.I's Marine Construction, LLC to act on my behalf in obtaining CAMA permits fur the location listed below. PROPERTY ADDRESS: 15' Wa6 v ' PROPERTY OWNER'S MAILING ADDRESS: Bacon , MDss, 4- �.o. (o q PROPERTY OWNER'S SIGNA AUTHORIZED AGENT SIGNA DA7 E: G Z �I 7i7i W"Auihorized Agent COMM ARrec. M ASS �Tj� UC. RECEIVED FEB 17 2021 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA and ASSOCIATED PERMIT APPLICATIONS AND APPROVALS Name of Property Owner Requesting Permit: it:aGEIN/ED Beacon Street Moss East, LLC FFR 5 2021 PO Box 6474 Raleigh, NC 27528 DCM-WARO Phone Number: 919.795.3380 Email Address: jwiley@beacon-street.com I certify that I have authorized: Joe Lassiter, Lassiter Environmental Consulting, LLC and Scott Murray, Scott Murray Land Planning ,LLC , Agent /. Contractor to act on my behalf, for the purpose of applying for and obtaining all permits and other associated approvals for the following proposed development Moss Landing East at my property located at: 515 S. Water St. Washington, NC 27889, in Beaufort County I furthermore certify that I am authonzed to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner K. Wiley resident, Beacon Street Development Company, Inc. Manager, Beacon Street Moss East, LLC /0 I /3 1 Zo2-0 Date This certification is valid through December 31, 2021 RECEIVED FEB 17 2021 DCtM-dMHD CITY LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 Email: iosephslassiterCaa)email.com — Phone: 252.202.3800 mobile/text March 1, 2021 Mr. Alan Bridgers, General Manager Carolina Coastal Railroad, Inc. 1700 Black Creek Road Wilson, NC 27893 Mr. Bridgers: Kelly Spivey representing the NC Division of Coastal Management (DCM) has provided Beacon Street Moss East, LLC (Moss East) with a copy of your February 19, 2021 letter of response as an adjacent riparian property owner to a Major LAMA Permit application submitted by Moss East. The subject property is located at 515 Water Street in Washington, Beaufort County North Carolina. Following consultation with Moss East and the design team I offer the following comments. The Major CAMA permit application is currently under review by 14 State and Federal agencies. Those agencies will provide comments and determine the consistency of the project with applicable state and federal rules and guidelines. The Moss East design group is preparing applications required to obtain an, approved Stormwater Management permit, a Sedimentation of Erosion Control permit, 401 Water Quality Certification, US Army Corps of Engineers federal approvals associated with Section 404 wetlands, and required site plan, building code, and zoning approvals from the City of Washington. Development associated with construction within the Public Trust Waters AEC of the Pamlico River have been designed to comply with use standards found in 15A NCAC 07H. 0207 Public Trust Areas and the design is being reviewed by DCM for consistency with those rules. The nearest installation of pier pilings will be approximately 60 feet from the railroad bridge over the Pamlico River. No dredging is proposed for the project and piers and docks will be built at naturally occurring water depths in the project area. We thank you for your comments on this matter. RKEUM't9 E® Sincerely, Joseph S. Lassiter MAR 5 2021 Lassiter Environmental Consulting, LLC - Authorized Agent for Moss East P nn SIECTION MHD Cc: Kelly Spivey, NC DCM Jim Wiley, Moss East LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 Email: iosephslassiter@¢mail.com — Phone: 252.202.3800 mobile/text March 1, 2021 Mr. Alan Bridgers, General Manager Carolina Coastal Railroad, Inc. 1700 Black Creek Road Lam, Wilson, NC 27889 Mr. Bridgers: Kelly Spivey representing the NC Division of Coastal Management (DCM) has provided Beacon Street Moss East, LLC (Moss East) with a copy of your February 19, 2021 letter of response as an adjacent riparian property owner to a Major CAMA Permit application submitted by Moss East. The subject property is located at 515 Water Street in Washington, Beaufort County North Carolina. Following consultation with Moss East and the design team I offer the following comments. The Major LAMA permit application is currently under review by 14 State and Federal agencies. Those agencies will provide comments and determine the consistency of the project with applicable state and federal rules and guidelines. The Moss East design group is preparing applications required to obtain an approved Stormwater Management permit, a Sedimentation of Erosion Control permit, 401 Water Quality Certification, US Army Corps of Engineers federal approvals associated with Section 404 wetlands, and required site plan, building code, and zoning approvals from the City of Washington. Development associated with construction within the Public Trust Waters AEC of the Pamlico River have been designed to comply with use standards found in 15A NCAC 07H. 0207 Public Trust Areas and the design is being reviewed by DCM for consistency with those rules. The nearest installation of pier pilings will be approximately 60 feet from the railroad bridge over the Pamlico River. No dredging is proposed for the project and piers and docks will be built at naturally occurring water depths in the project area. We thank you for your comments on this matter. Sincerely, Joseph S. Lassiter 4W`4-° RECEIVED Lassiter Environmental Consulting, LLC - Authorized Agent for Moss East Cc: Kelly Spivey, NC DCM MAR 2021 Jim Wiley, Moss East Bodnar, Gregg From: Joe <josephslassiter@gmail.com> Sent: Monday, March 1, 2021 10:30 AM To: Spivey, Kelly; Bodnar, Gregg; Scott Murray; Jim Wiley Subject: [External] Moss East response to Coastal Carolina Railroad 2/19 letter Attachments: Moss East response to Carolina Coastal Railroad letter 2.26.21[6384].docx CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious emaiFas an attachment to Kelly, As discussed last week, attached for your information is a letter that Beacon Street Moss East, LLC (Moss East) sent to Carolina Coastal Railroad, Inc. ( Carolina Coastal) in response to their 2/19/21 adjacent property owner letter to the NC Division of Coastal Management. Please let us know if you have questions, comments, or need additional information. Thanks, Joe Lassiter Lassiter Environmental Consulting, LLC 252.202.3800 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mr. Alan Bridgers General Manager 1700 Black Creed Rd. Wilson, NC 27893 Dear Mr. Bridgers, NORTH CAROLINA Environmental Quality September 2, 2021 O* This letter is intended to notify you of the issuance of a CAMA Major Permit No. 115-21 for proposed development by Beacon Street Moss East LLC., at 515 Water Street, in Washington, Beaufort County. The proposed project consists of a residential marina and amenities, a bulkhead, and a 50 lot subdivision with infrastructure. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for reference. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM WaRO Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 ZSZB082808 Alan Bridgers General Manager Carolina Coastal Railway, Inc. 1700 Black Creed Road Wilson, NC 27893 19 February 2021 Mr. Kelly Spivey NC Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Re: 515 Water Street Development Dear Mr. Spivey: The Carolina Coastal Railway requires that the following comments be addressed before the 515 Water Street Development proposed by Beacon Street Moss East, LLC proceeds: 1. Are any piles/sheets being driven as a part of this project? If so, the railroad requires that vibration monitoring be implemented to protect the adjacent bridge. A monitoring plan shall be submitted and approved by the Railroad. 2. A hydraulic model shall be submitted and approved by the railroad showing that dredging will not adversely affect the adjacent bridge. Dredging will alter local circulation and sediment transport and could cause scour to the bridge's substructure. 3. Drainage runoff plans and calculations shall be submitted and approved by the railroad. Drainage adjacent to railroad property shall be designed to drain away from the railroad and prevent standing water and potential erosion. 4. The proximity of the proposed slips to the railroad's bridge is concerning. How will the developer protect the railroad's bridge from potential impact damage? 5. How will the developer address the likely increased pedestrian trespassing on the railroad's right-of-way? Any project that may affect or be near the Carolina Coastal Railway's right-of-way must be evaluated by the railroad's third -party engineering firm. The purpose of the review is only to determine if the work does not adversely impact or damage the railroad's property interest. All expenses of the party seeking review will be borne by that parry, including expenses for Railroad employees. The American Railway Engineering and Maintenance of Way (AREMA) manual provides design information to be considered by the project designer. Sincerely, PPECEIVED FEB 2 2 2021 Alan Bridgers, Carolina Coastal Railway, Inc. DCM-INARO Bodnar Gregg From: Spivey, Kelly Sent: Monday, February 22, 2021 1:20 PM To: Bodnar, Gregg Cc: Howell, Jonathan; Grandy, Ashley Subject: Moss East, Beaufort County Attachments: RailroadMossEast.pdf All, I am attaching the comments from Carolina Coastal Railway as an adjacent property owner to the proposed Moss East Major application. I will contact the consultant and provide him with the comments from the railroad. It appears the railroad would like several items addressed. Best regards Kelly Spivey District Manager, Division of Coastal Management North Carolina Department of Environmental Quality 252 946-6481 office 252 948 3851 direct office kelly spivevCancdenr.aov 943 Washington Square Mall Washington, North Carolina 27889 x �Alothfng Compares -.� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 RECEIV���� Email: josephslassitergamail.com— Phone: 252.202.3800mobile/text FEB 5 2021 DCM-W/41 r ,. CERTIFIED MAIL — RETURN RECEIPT REQUESTED January 13, 2021 City of Washington, NC Attention: Director of Planning PO Box 1988 Washington, NC 27889 Dear Sir or Madam: Beacon Street Moss East, LLC (Beacon Street) is applying for a CAMA Major Permit to construct 50 residential units and 50 boat slips on a 6.84 acre parcel of land located at 515 Water Street in Washington, NC, Beaufort County, adjacent to the Pamlico River. The specific proposed work Is indicated in the attached site plan and application. As the adjacent riparian property owners to the project, Beacon Street is required to notify you of the development in order to give you an opportunity to comment on the project. Should you have any objection to the proposal please send your written comments to Mr. Kelly Spivey, NC Division of Coastal Management, 943 Washington Square Mall, Washington, NC 27889 within 30 days of receipt of this application. No comment within 30 days will be considered as No Objection. If you have questions about this project you can contact me at the address, email or phone number above. Thank you for your attention to this information. Sincerely, Joseph S. Lassiter Lassiter Environmental Consulting, LLC - Authorized Agent for Moss East RECEIVED FEB 17 2021 DCM-MHD CITY LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 Email•,., Phone: 252.202.3800 mobile/text CERTIFIED MAIL — RETURN RECEIPT REQUESTED January 25, 2021 Carolina Coastal Railway, Inc. Attention: Mr. Alan Bridgers 1700 Black Creek Rd. Wilson, NC 27893 Mr. Bridgers: RECEIVED FEB 5 2021 DCM-WARD Beacon Street Moss East, LLC (Beacon Street) is applying for aCAMA Major Permit to construct 50 residential units and 50 boat slips on a 6.84 acre parcel of land located at 515 Water Street in Washington, NC, Beaufort County, adjacent to the Pamlico River. The specific proposed work is indicated in the attached site plan and application. As the adjacent riparian property owners to the project, Beacon Street is required to notify you of the development in order to give you an opportunity to comment on the project. Should you have any objection to the proposal please send your written comments to Mr. Kelly Spivey, NC Division of Coastal Management, 943 Washington Square Mall, Washington, NC 27889 within 30 days of receipt of this application. No comment within 30 days will be considered as No Objection. If you have questions about this project you can contact me at the address, email or phone number above. Thank you for your attention to this information. Joseph S. Lassiter Lassiter Environmental Consulting, LLC - Authorized Agent for Moss East RECEIVED FEB 17 2021 DCM-MHD CITY • Complete Was 1, 2, and 3. B A Sion vm ■ Pnnt your name and address on the reverse El Agent so that we can retum the card to you. ,�� Addm ■ Attach thle card to tho back of the r7W 1pleco, or on the from II space permits. S. M emel C. D • of Die r _ �neDj1to:l-- W1LG. D. Is ddlvey erWrees dMarent from ern l s RY19,entsrduh\erysddreeetsr,,w: Qryp "I fox �q�s Was�l, n �C 27sSs 3 IIII IIIIIIII I'IIIIIIIII IIIIIiIII III IIlI4Il III MItBwnn 0A wwD ❑ xMMY D rN+g �w "Sam OwaPoW=aMry M1M%oilp ,pVe d 9590 9402 5839 D038 6534 28 u cxraaww rrM1r.¢tu o,o»y n asr a nrNytfor �nwl. N,vla,w mraNhr errn ranirn bhea hCd'ect on ql ri ww~oCoshmwen -"'ryRwt4ctM D,R,eY n. 7020 1290 0002 2804 7000 " osv a,v.Cm mown pmtvw PS Form 3811, July ZOta Pe`N p.ayapp.ypey DMrosllc Hatwn FieCNpi IN Complete hems 1, 2, and'3, ■ Print your name and address on the reverse so that we can retum the card to you. • Attach this card to the back of the mallpleco or on the front if apace permits. I. AnldeAddnefo'dto: 04v,111� /aorici)?A"zwl �,c kitn, ; ,4AA Bf kigcv) I Z &a sbtrak CruA Rd . Iliilil�i�Ii�ililliiliiilill� I►IIuIiaili 9590 9402 5839 0038 6633 43 7020 0090 0001 7619 3717 PS Form B. RECEIVED ;- c R 5 2021 DCM-WARO weft Iron Nm 17 U tel oddressl»tmv: ONO DR,w+ymveW ,s U ftgwM Mae^' 1NelboNrvery aNpM«ad rnelNwtba M K=rO pnwr/ gNIJnr4elw rw MNLnndH RwMNpe pallWy O.^rjT1lW CerM1nryar/,'� ton hid Docn� ow. R,athed a:»ry Dwnesllc Ralwn Ae rripl RECEIVED FEB 17 2021 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 16 February 2021 Washington Daily News PO Box 1788 Washington, NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 20 February 2021 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Thank you. Sin'_, Keri Sparks, Administrative Assistant II Division of Environmental Quality Division of Coastal Management (252)948-3820 keri.sparks anncdenr.gov ATTACHMENT Cc: File RECEIVED FEB 17 -121 DCM-IWlrriU CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1 910.796,7215 Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 12 February 2021. According to the said application submitted Beacon Street Moss East LLC. proposes to construct a 50 lot subdivision with private marina, bulkhead, boardwalk, river bottom debris removal and wooded wetland fill. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 12 March 2021 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments, Notice of the permit decision in this matter will be provided upon written request. Please publish on: 20 February 2021 Kelly Spivey C.� District Manager NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3853 RECEIVED ���� FEB 17 2021 �ra.rp� DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 278891 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 940.796.7215 Morehead Clty Office 1 400 Commerce Avenue I Morehead CIN. North Carolina 285571 2S2.8081808 NOTI(ow'olmzA CAMA PERMIT APPLIED FOR rn m m n - m N 60MMENTS ACCEPTED THROUGH Mara) t�,�?1 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �tACon S-tree-} Moss Eoa+ Keay otve!4. "pickc;e.t Mnnsare 515 Water S+• v Cooa�ea Mnneeem nt 1Nuwln%po NG a-ing 5143 WasVOna+bg 55h1ei1 Wgslmnn-�am, Nc. a'IM [a5a) a44. 8451 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Beacon Street Moss East LLC C/O James Wiley P.O. Box 6474 Raleigh NC 27628 Dear Mr. Wiley The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located on the Pamlico River at 515 Water St in the City of Washington in Beaufort County, North Carolina. It was received on 12 February 2021, and appears to be adequate for processing at this time. The projected deadline for making a decision is 28 April 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Kelly Spivey, District Manager for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3851 or via email at Kel),y.Sniveyoncderingov if you have any questions. If this agency does not render a permit decision within 70 days from 12 February 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED FEB 17 2021 DCM-Wli) GITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889 1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215 Morehead ON Offlre 1 400 Commerce Avenue I Morehead City. North Carolina 2.11557 1 252808,2808 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincer�y, Kel�Spivey District Manager Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARD Lassiter Consulting, LLC Scott Murray Land Planning RECEIVED lc-9 17 '021 North Carolina Department of Environmental Quallty I Divislon of Coastal Management DGl ,.� '�ITM Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 1 252,946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 294051910.796.7215 Morehead City Offire 1 40O Commerce Avenue I Morehead City. North Carolina 28557 1 2521108.2808 Moss East Stormwater Management Plan Narrative and Mitigation Proposal December 20, 2020 Existing Conditions Moss East is the site of a former planning mill and is currently operated as a building supply company. Comprised of 3 parcels the total land area is 6.842 (298,038 sf) ac. Another 2.56 +/- acres of offsite drainage to the north currently flows through the subject property. Existing built -upon area totals 5.07 ac (220,846 sf) within the project boundaries. This area of impervious surfaces comprise 74.1%of the project site. Sheet 1.0 Boundary Survey & Existing Conditions documents the areas of site described above. Current stormwater runoff sheet flows unimpeded into the Pamlico River. Two small 404 wetland areas totaling .32 acres lie within the site at the eastern most property corner. Proposed Development The current owner has submitted plans to develop 50 residential and 1 commercial lot on the property. A network of compact private streets provide access to the lots. Curb & Gutter is required for all streets. Stormwater Management Plan and Mitigation Three drainage areas make up the total 9.4 ac drainage area. Sheet 3.0 Preliminary Stormwater Management Plan and Sheet 6.0 Tar -Pam Buffer Impacts illustrate how a reduction of impervious surface of 18.4%+/- from that which exists is anticipated for the overall site. Within the CAMA AEC a reduction of .9% (252 sf) of the total CAMA AEC area (29,428 sf) is projected. A reduction of 2.55% (1,000 sf) is projected for the area within the Tar -Pam 50' Buffers. These areas are shown in detail on Sheet 6.0. RECEIVED RECEIVED FEB 5 2021 FEB 17 2021 DCM-WARO DCM-MHD CITY Drainage Area 'A' (.9 ac) originates along the eastern right-of-way of S. McNair St. and the southern right-of-way of Water St. stormwater is collected within the street network and conveyed via Alley'A' to a Subsurface Flow Spreader as detailed on Sheet 3.0 Preliminary Stormwater Management Plan. Access to the flow spreader is maintained through a 10' wide common area. Drainage Area'B' sheet flows runoff from residential lots 3-20 along the 1,700 If linear park area and shoreline frontage and to the Pamlico River and 404 wetland avoiding concentration of runoff in any one area. Pervious areas of the lots and the linear park will be stabilized with a warm season turf grass such as St. Augustine or similar. The use of fertilizers will be limited to initial turf establishment. Drainage Area T' conveys water collected with the streets and alleys, Including that which is transmitted from off -site and discharges it into a level spread located within the 404 wetland area to the east. The foregoing narrative describes the preliminary design concept. The actual amounts may vary slightly with final engineering. Final engineering will incorporate review comments and specific concerns. We submit that (a) this reduction in ISA, (b) the routing of Drainage Area 'A' through the subsurface Flow Spreader, (c) the sheet flow of Drainage Area 'B' through the vegetated linear park and (d) the routing of Drainage Area 'C' through the 404 wetlands, combined mitigates the impacts to the 404 wetlands being proposed. End Scott Murray, RLA, LEED-AP RECEIVED FEB 5 2021 RECEIVED DCM_WARO FEB 17 2021 DCM-MHD CITY —This is a word processing form to be completed in Microsoft Word-* NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant 'BEnt v+l S-WeVrvNrrau Noss 15 k^fr Date: s I r /2A� Pro)ect Site County Sefy 41, OL.T Staff' eew"Y sove`, District Elizabeth City fngton []Morehead City ❑Wilmington Prayed Name: later extension with platform Rover Fite: Date of Initial application submittal (EX.-1414M7): f.y .1 X'L ju Date application 'received as complete' in the Field office (EX., IAV2007): 2 ! 'Z&Z_ 1 Permit Authorization: MaM ElDrodge & Filf OBoth PNA: s No Photos Taken: Yes ONoEl Setback Required (riparian): ❑Yes CdNcal Habitat: Yes EINo PIQSum 15 foot waiver obtained: El Yes Hazard Notification Returned: ❑Yes Ono— SAV. Yes 2ffo LjNotSum Shell Bottom: Yes o Not Sure Temporary Impacts: Yes Sandbags: Yes Not Sure Did the land use qWssificagon come from countyLUP: es [:]Noes Mitig n Required (opfional): ❑No Moratorium Conditions: Yes EINo Cffx- Environmental Assessment tone: ❑Yes ❑No(INA'--- - OPTIONAL (choose MAX of 4) 9'034) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Ltmonium sp.) (SS) Glasswort ( So icomla sp.) wetlands) (CJ) Saw grass (aadlum jamoicense) 0 (SA) Salt marsh cordgrass (Spartine 0 (SY) Salt reed gross (Spartlna altemiflora) cynosuroides) (OS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Sdrpus 0 (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemedanus) patens) No fee required - $0.00 lll(A) Private w/ D&F up to 1 acre; 34g0 wp) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 El Minor Modification to a LAMA Major 0 Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 0 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - it. Public or commercial/no dredge $100 and/or fill - $400 1. Private no dredge androrfill - $250 lll(C) Privpublic or comm wrD&F to 1 acre; 3490 can be applied; DCM needs OWO agreement - $400 REC IV ED FEB 17 2021 DCM-MHD CITY Applicant: M✓,-i r-A•;I , U..c•, , ;� vc.s cA-s (- Date: z f Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace rSN601vlSlOµ Maint❑ ❑yOR to.(0 SZ� New Work Replace t r •P Maint ❑ ❑ Y G ) q;5 a New Work El,Replace i 9 1 e7L I New Wmk Maint ❑ Replace ❑ Y3-W I t 49 3 r PI ex- 1 New Work Maint El Replace 0Y0- / 19n to 8 3 New Work ©- Replace r r ?LAr YM -3 Meint ❑ ❑ Y El to 1'Z New Work {] Replace / / �L,/♦rfgifi•n 1 Maint ❑ ❑ Y ❑.� 2 y 3 �- 3 New Work — Maint ❑ Replace ❑ Y ❑ N' '2d f 1 G / New Work. Replace IF r 6�1f -3V Maint ❑ ❑ Y ❑ N 'Z.44 3 New Work Replace �j 1 Maint ❑ ❑ Y ❑'N ITj t'%' New Work ❑ Replace r / Maint ❑ ❑ Y ❑ it ) 2) q✓ New Work Replace / Pi& I Maint ❑ ❑ Y ❑-N --2.b 1p New Work Repkm t Ef OL vl£YL. I Maint ❑ ❑ Y ❑ w ,/ I Now Work Math❑ Replace ❑YQN IrJ�U 2 Z New Work Replace I rI W Maint ❑ ❑ Y ❑ N New WbkjT7Replace �tLq 16 �i '2-'Z-Y' Maint ❑ ❑ Y D N •ZZ 4- New Work El Replace New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maird❑ ❑Y❑N New Wak 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N RECEIVED FEB 17 2021 r sad 02MWIO DCM-MHD CITY Applicant 5z-h"e-a%-j Date: Z/ 1 9;7/Z g'S: Mo•bS 6-h-v 1 t_I-c_ I ecP,,5 CkSi Describe below the HABITAT disturbances for the application. Aft values should match the name, and units of measurement found in your Habitat code sheet. DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tampimpacts) FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total Includes any anticipated restoration ar tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount IJVrtA W Dredge ❑ FIMiam Both ❑ Other ❑_.— s Dredge ❑ FM❑ Both ❑ Omer 1,1 Vo �4 a — Dredge ❑ FR ❑ Both ❑ Other q0?6 rj- 'W7 4q S{1ht1,A'4i M Dredge Fig Lj Both U Other '71 'll LV rrd ,vN Dredge ❑ Fimp Both ❑ Omer ❑ 74 2401 Dredge ❑ FM ❑ Both ❑ Dow ❑ Dredge ❑ FM ❑ Both ❑ Omer ❑ Dredge ❑ FI ❑ Both ❑ Omar ❑ Dredge ❑ Fig ❑ sod, ❑ Omer ❑ Dredge El FIN Both Omer❑ Dredge ❑ FiM ❑ Both ❑ Other ❑ Dredge ❑ A# ❑ loth ❑ Other ❑ Dredge ❑ AN ❑ Both ❑ Other ❑ Dredge ❑ FM ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ BM ❑ Other ❑ RECEIVED DCM-MHD CITY RECEIVES, f W..unslMl -'EAR Md; �. 5. _ k'��1 �� ti G1111II11�Yn �•� • ' W,It UOiYi }CMbY OeB •.wwIMFWMYIwY.�y .wrirr yypyyyyY fAMlICO R/YER �s v_ riorE.ia�mnvusomnn 1-1 iy Nam._ PAMLICO RIVER f. Fr " u,Rw.le�r�Yy yYfIRtllyYhY� ytiYr\ 4.0 Lqu ErsT .wvne .rysc KO• R bURMYI/�IIO hMIiNG. RAC.