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HomeMy WebLinkAbout23-21 Fishing Creek Properties LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t 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 Ntim'ber 23-21 Issued to Fishing Creek Properties LLC., 275 Pamlico St., Belhaven, NC 27810 Authorizing development in Beaufort County at ado. to Pantego Creek, at 312 East Water St., in Belhaven as requested in the permittee's application dated 9/22/20, including attached workplan drawings (4), Survey dated 4/3/19 and Sheets 2,3,4 all dated 9/15/20. This permit, issued on February 26, 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization — Bulkhead and Existing Basin Fill 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. zl-llzpz� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Fishing Creek Properties LLC. Permit No. 23-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) 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. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the basin area behind the permitted bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Docking Facility 12) This permit authorizes only the docks, piers, 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 docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 13) 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. 14) This permit authorizes a maximum of 4 formalized boat slips. 15) 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. 16) 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. Upland Development 17) 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 demolition of the existing building and the construction of the parking lot and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Fishing Creek Properties LLC. Permit No. 23-21 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) 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. 20) 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: General 21) 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. 22) 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. 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the local government. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-02169). 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. 2020-1316. 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 feerequirementsof the Division of Water Resources. DCM Coordinator: YX20ti�k Permit #: 2 3'2 ( MAILING DISTRIBUTION SHEET Permittee: h5�ixe C.YG�C CIl7JLY1K i✓n ,(W& DWot,( 27S�.ro W &/+gK%!, n!C L7elO Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: ��1 Washington Sle&^f (with revised work plan drawings) Wilmington (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC 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@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger-401 Tina Martin - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Cur•ituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider-401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler DBII rf-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landownerinformadon Business Name Fishing Creek Properties Lic Project Name (if applicable) Hodges Railway Redevelopment Applicant 1: First Name Walton MI P. Last Name O'Neal Applicant 2: First Name MI Last Name If additional applicants, please attach an sdddlonal page(s) mth names listed. Mailing Address 275 Pamlico Street PO Box City Belhaven State NC ZIP 27810 Country Phone No. ext FAX No. Street Address (if ditmnt from above) Ctty State ZIP Email 2. Agent/ContractorInformation Business Name Tj's Marine Construction Llc Agent/ Contractor 1: Firs) Name MI Last Name Tobin J Tetterton Sr. Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 125 Pantego NC ZIP Phone No. 1 Phone No. 2 27860 252-943-6677 ed. 252-944-5555 ext. FAX No. Contractor X 252 943 3949 Street Address (if different from above) City Slate ZIP Emai tobin�renetorg <Form continues on back> ;DECEIVED 2. 0 252-808-2808 :: 1.888-4RCOA8T :: www.ficconstalmonagement.net 20 DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort 312 East Water Street Subdivision Name City State zip N/A Belhaven NC 27810- Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. 1, , a. In which NC river basin is the project located? b. Name or body of water nearest to proposed project Tar Pamlico Pantego Creek 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 Pungo River e. Is proposed work within city limits or planning jurisdiction? L If applicable, list the planning jurisdiction or dry lima the proposed ISYes []No work falls within. Belhaven 4. Site DescHptlon a. Total length of shoreline on the tract (ft.) b. Sirs of entire tract (sq.11.) 237" 0.74 acres o. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.74, 1 1 NWL (normal water levee (If many lot sizes, please affach additional page with a tst) >3' ❑NHW or®NAL e. Vegetation on tract Uplands vegetated with maintained lawn grasses and a couple of pine trees. f. Man-made features and uses now on tract Boat railway slip and associated dock. Approximate 24' x 80' building and smaill gravel driveway and parking. g. Identity and describe the existing land uses adjacent to the proposed project site. Property to the west is utilized to moor transient boats and is owned by the Town of Belhaven. Adjacent property to the east is a marina with railway service and slips for rent. ' It. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Marine Buisness (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? []Yes ®No It. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does d involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED SFr 1 n 7020 232-808 28011 .. 1-8138,4rtCOASi .. www.ncc o:r st;Jmanngement.net ACM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (a) Are there coastal wetlands on the site? ❑Yes ®No (iii) Byes to abhor Ill or (ID above, has a delineation been conducted? []Yes ❑No (Attach dowmentetion, if available) n. Describe existing wastewater treatment facilities. Town of Belhaven Sewer. o. Describe existing drinking water supply source. Town of Belhaven P. Describe existing storm water management or treatment systems. Diffuse Bow through vegetated area. S. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublialGovemment ❑PrivalelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Proposed pier will provide dockage for rent for 4 vessels and associated vehicular parking, min 2-spaces per slip, a total of 18 parking spaces is proposed. The new bulkhead and backfill of railway slip will provide more uplands for future development- 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. Proposed to bulkhead across halfway slip to seal it off, dewater slip and backfill with earthen fill. Elevation of new bulkhead and backfill to match elevation of adjoining uplands. Standard pier construction. Pier and portion of bulkhead to be constructed from a barge with an excavator to drive sheeting and pilings. Dump truck to haul fill and small buldozer to move fill. A total of 110 linear feet of bulkhead is proposed. d. List all development activities you propose. Proposed to construct a bulkhead to encapsalate an upland railway slip and protect remianing shoreline. Backfill man made railway slip to create additional uplands and construct pier with 4-slips. e. Are the proposed activities maintenance of an existing project. new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 8.880 fix ®Sq.Ft or ❑Acres g. NMI 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 stale. Surface runoff I. Wit wastewater or slormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yea ❑NO ❑NA ). Is there any mitigation proposed? []Yes ®Np []NA If yes, attach a mitigation proposal. Form continues on back> RECEIVED 252.808-28O8 :. .{-R II6.4 nf.0Atii" ,; cow. w.nccnast aim snagDille nt.not 20 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In accifhn to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for fhe application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to pmpedy 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 detailed to guide agency personnel unfamiliar with the area to the eke. d. A copy of the dead (with state application only) or other Instrument under which the applicant claims this to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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 Town of Belhaven Phone No. (252) 943.3055 Address 315 East Main Street Name Belhaven Waterway Marina Phone No. (252) 944-M Address 332 East Water Street Name Phone No. Address g. A list of previous stale or federal permits Issued for work on the project tract. Include permit numbers, petrifies, and Issuing date$. It. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. J. 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 of use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 1 7. Certification and Permission to Enter on Land i unaerstana mat any permit issued in response to this application will allow only the development described in the application. 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 09/22/2020 Print Name _Toby Tetterton Signature Please indicate application attachments pertaining to your proposed project. RECEIVED ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information DEC 10 2020 DCM-MHD CITY 252-808-2808 ., 1-888.4RCOAST ,. www.nccoostalmallagemellt.11et 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 (excluding Breakwater shoreline NWL) stabilization Length 147' Width 40' av Avg. Existing Depth 3' NA NA Final Project Depth +3" NA NA 1. EXCAVATION ®This section not applicable a. cubic yards. material to be excavated. (1) Does the area to be excavated include coastal wedandshnersh d. High -ground excavation in cubic yards. (CM, 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 the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? []Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (I) Does the disposal area include any coastal wellands/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 (II) Describe the purpose of disposal in these areas: ®This section not applicable d. (i) Will a disposal area be available forfuture maintenance? []Yes []No []NA (If) If yes, where? f. (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (ii) If yes, how much water area is effected? DEC 10 2020 DCM-MHD CITY 2SX-808-2806 :: 1.888-4RCOAST :: www.ngtioastalnfenaggmenty!ut revised: 12,126106 FornVC 0CM MP-2 0F29cavation and PINS, Page 2. of S) 3. SHORELINE STABILIZATION ❑This section not applic Is (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 110' ®Bulkhead ❑Riprap ❑Breakwater/Sill []Other., Width: 5' c. Average distance waterward of NHW or NWL: 14' d. Maximum distance waterward of NHW or NWL: 26' e. Type of stabilization material: f. () Has there been shoreline erosion duringpreceding 12 vinyl months? ®Yes []No ❑NA (i) If yes, state amount of erosion and source of erosion amount information. Personal observation g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill See Section 4 Riprap _ Earthen Fill Breakwater/Sill— Other_ i. Source of fill material. 4. OTHER FILL ACTIVITIES ❑This sectionJapplic(Excluding Shoreline Stabilization)a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fII material be placed in coastal wetlands/maIf yes, submerged aquatic vegetation (SAV), shell botto(i) Amount of material to be placed in the water 556 cub c other wetlands (WL)? If any boxes are checked, Yards number of square feet affected. (III) Dimensions of fill area 147' x 40' ay. 5,239 tf- ❑CW _ ❑SAV _ ❑SB (iv) Purpose of fill OWL _ ®None To backfill man made railway slip that is no longer in (i) Describe the purpose of the fill in these areas: service to create uplands. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Contained behind structualy tight bulkhead. Fill material to be A barge mounted excavator, a dewatering pump, dump truck, skid slope, graded and seeded. Final elevations to match uplands steer, buldozer and tractor'. on either side of railway slip. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. (i) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RZ-a—umpo 09/22/2020 Date Toby tetterton DEC 2 1 2020 Hodges Railway Redevelopment Applicant Name y rfe�7d� Project Name �O 6 ,MP SECTION MD ��-�:-t6iF�-Gh3a'3 :: 9-68$-rSC;C:➢ASi' x un»v�mccoas'ratmarac msnS.r®S revised; 12120,10.. ® ®� !mpp (Encavatian and FRI, Ra36 3 of 3) 9\ppiicant Sif natA a / ZZ RECEIVED DEC 2 1 2020 SAP SECTiON asa-zos-zsos :: 1-888-4RCOAST :: revised: 1 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. 1 existing 2,016 ft' building to be demolished and removed from site. c. Density (give the number of residential units and the units per acre). N/A 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. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Dyes []No ®NA fill If yes, list the date submitted; g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or !wilt -upon surfaces, such as Pavement bulkling, roaftops, or to be used for vehicular driveways or parking. N/A i. Give the percentage of the entire tract to be covered by Impervious andfor buitt-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 18-10' x 16' over previous impacted soils from previous development and use of property j. Describe proposed method of sewage disposal. We I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent. 'wash down' and residential discharges). Surface runoff b. Number of lots or parcels. d. Sae of area to be graded filled or disturbed including roads, ditches, etc. 8,880 ft' f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Gravel h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (p Has a site development plan been submitted to the Division of Water Quality for review? Oyes ONO ❑NA 01) If yes, list the date submitted k, Have the facilities described in Item Ill received state or local approval? []Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ONO ❑NA If yes, attach appropriate documentation. 252.808-28082 :: 1.888-4RCOAST :: wwvv; ug£oa,almanagemont,nvt RECEIVED DEC 10 2020 DCM-MHD CITY revised: 1 T./26!06 Form DCM MP-3 (upiani Deveiopmont, Page 2 of 2) M. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Town of Belhaven o. When was the lot(s) platted and recorded? Prior to August 2000 09/22/2020 Date Hodges Railway Redevelopment Project Name Toby Tefterton Applicant Name Applicant Signature n. (I) Wilt water be impounded? ❑Yes ❑No ®NA (ti) If yes, how many acres? P. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No RNA RECEIVED DEC 10 2020 r'M-MHD CITY 252-800-2808 :: 1-808-AIlCOAST :; www,pcco{1¢(�Iman�r9omont.net revised; 12126/06 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 a. (i) Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑PrivatelCommunly c. (1) Dock(s) and/or pier(s) IN) Number 1 (iii) Lerglh ?2Z (N) Width I (v) Floating ❑Yes ❑No e. (1) Are Platforms included? ®Yes ❑No II yes: (ii) Number 1 (lit) Length Z (iv) Width 1Z (V)Floating []Yes ❑No Note: Roofed areas are calculated from dripdns dimensions. g. (i) Number of slips proposed 4 III) Number of slips existing 0 N/A i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin andlof channel ®Open water; no dredging required []Other, please describe: k. Typical boat length: 20' M. (i) Wit the facility have tie pilings? []Yes ®No (II) If yes number of tic pilings? ❑This section not applicable b. (i) WII the facility be open to the general public? ®Yes ONO d. ([)Are Finger Piere included? ®Yes []No If yes: (it) Number `3 (III) Length 24' (hr) Width 3' (v) Floating ❑Yes ❑No f. @ Ara Boallifts included? ®Yes []No If yes: (ii) Number 4_ (III) Length 13' Qv)Wdlh 13' h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and martin supplies N Dockage C'wet slips") only, number of slips. 4 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Recreational open boats 18'to 24' I. (i) Will the facility be open to the general public? ®Yes []No IECEIVED DEC 10 2020 DCM-MHD CITY 252.808-2808:: i-888-48COAST:: www.nccoastalmanagelment.net revised: 12/27/00 Form DCM MP-4 (Structures, Page 2 of 4) 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: _; Location: ❑ Showers ❑ Bostholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge signs proposed. (ii) Give the location and number of"Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing IrMustrlal type pollutants, such as paint, sandblasting waste and petroleum products. g_ Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote local basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑yes ❑No DEC 10 2020 AAun Cay 252-808-2808 :: 1-888-4RCOAS7 :: wwrvv,nccu stalmanagenient,ttct revised: 12i2W08 Fol In DCM MP-4 (Structures, Page 3 of 4) n. Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? tlywa FiNo o. Is the madnaldocking facility proposed within or adjacent to coastal wetlandshnareh (CW). suomergeo aquae: vegemuvn tv..vr, (SO), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ OSAV ❑S8 OWL _ ❑None p. Is the proposed madnsldocking 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. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑PublidGovemmem ❑PrNatelCommundy Ill) Number (ill) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use Mi Excavation and Fill.) ®rnis section not applicable a. (I) Number (11) Length (Ili) W1dlh S. BREAKWATER (e.g,, wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distancefrom NHW. NWL, or wetlands S. MOORING PILINGS and BUOYS ®rnis section not applicable a. Is the structure(s): ❑Commercial OPubliclGovemment ❑PrivaWCommunity C. Distance to be placed beyond shoreline Note: This should be reassured from marsh edge, i/present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252.-800-2808 :: 1-888-411COASI :: www._ r�Cgpastalmanayomenj, rLot Or_CEIVED DEC 10 2020 0clWiM1W[fie"y FOrM BCM MP-4 (>4ructurea, Page..4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 30' and 42' 42' and 128' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 2.300' e. () 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. d. Water depth at waterward'end of structure at NLW or NWL 8. OTHER ❑This section not applice e a. Give complete description: Date -22-2z Project Name Hodges Railway Redevelopment Appli t Name \ Ap Rli ature 0b7 Te:f e- "JV;z1 tiy' RECEIVED DEC 2 1 2020 252•$pa•2808:: M-99S-�E2�G3c2s'P :: wevtv�t.osccaasEzafr:aaaaaaes�saas@.t��t robetsed: 22f29/ Fishing Creek Properties LLC Railway Slip Backfill Cross Section NTS — Dimensions Shown Date: 15 September 2020 Existing wooden bulkhead and walkway Proposed final grade level to _ adjoining uplands/bank +3' Above NWL -3 ay.'Depth 40 ay.' Fishing Creek Properties LLC Prop ' Belhaven Waterway P/L Marina Prop — Railway slip backfill (1,112 cubic yards impacting 5,239 ft2) to be contained behind proposed bulkhead RECEIVED DEC 10 2020 oCM-MHD CITY Fishing Creek Properties LLC Pier Cross Section Typical NTS — Dimensions Shown Date: 15 September 2020 Sheet 3 6' — 0 -5' av i 3' Pantego Creek Bottom RECEIVED DEC 10 2020 gc7 M-MHD CITY NWL Fishing Creek Properties LLC Bulkhead Cross Section NITS — Dimensions Shown Date: 15 September 2020 Sheet 4 10' Tieback Rods Backfill i Existing Grade L *%Waft Tieback Anchor t Bulkhead sheeting and soldier piles. Depth of penetration to be determined by contractor RECEIVED NOV 0 2 2020 +..)cm -WARD EIVED DEC 10 2020 OCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director TJ's Marine Construction Toby Tetterton Jr. tobin@rsnet.org Dear Mr. Tertterton, NORTH CAROLINA Environmental Quality �' January 19, 2021 This letter is in reference to the application submitted for Fishing Creek Properties LLC, for a Coastal Area Management Act Major Permit to undertake development activities to redevelop an existing railway haulout, in Beaufort County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make April 1, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM WaRo Sincerely, 21141 r .yam Gregory W. Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 288S7 282.808.2808 Bodnar, Gregg From: Sent: To: Cc: Subject: Attachments: Afternoon Mr. Tetterton, Bodnar, Gregg Tuesday, January 19, 2021 2:25 PM 'tobin@rsnet.org' Staples, Shane; Sparks, Keri E Fishing Creek Properties LLC Extension Fishing Creek Properties LLC EXT.pdf Please see above for the extension letter. Currently I am waiting on the USACE, State Historic Preservation Office and 401. If any comments of note come in I will keep you in the loop. Thanks, Gregg DEQQ I i rsgaon. i i Gregg Bodnar Assistant Major permits Coofdlnator Division of Coastal Management Department of Environmental Quality 252 888 28M ext 215 (office) Greax.Bodna1Pncd1aE.M Email correspondence to and from this address Is subject to the North Comitha public Retards tow and may be disclosed to third parties. T J'a Marilee Ci n Ume er4 LLC P O B=175 Pantego, N.C. 27960 27159 Hwy 264 East Belhaven NC 27810 252-943-6677 Office email: tobin@rsnet.ore 21 December 2020 Mr. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources 943 Washington Square Mal) Washington, North Carolina 27889 Dear Mr. Moore: Ltl In response to your 16 December 2020 email, I have revised the plan view plat to show existing impervious surface coverage based on my previous knowledge and use of the site as well as sampling conducted on 18 December 2020. I included some pictures to demonstrate the current conditions of the area sampled and the results. I also have enclosed a 1998 satellite image taken when the site was active. The proposed parking area was chosen because it's proposed location would not increase impervious surface coverage over what previously existed. The 18 December 2020 onsite sampling was only conducted where the proposed gravel parking area is to be located. The site has been largely inactive with limited use resulting in the existing driveway and parking area to be covered with weeds and grasses. A spade shovel was used to probe below the layer of grass to investigated the presence of gravel and compacted soils. Orange wire pin flags were used to mark the sampling points. Transects from the existing building to Water Street were set up approximately 30' apart with 3 sampling points along each transect. Also, visible gravel at the surface was noted as well. Pictures of this sampling effort are enclosed. The sampling indicated that the area located between the building and street were characterized as compact soils and gravel. While marking the sample points with pin flags, the compact soil layer was evident and would cause the wire to bend. I was able to drive a vehicle through this area without leaving any nits despite two proceeding rain events occurring a day apart and a day before the sampling occurred The square footage of the area sampled and parking area is 7,165 W. The existing 2,016 ft' building is to be removed. The area under the existing building is to be leveled with a sandy loam soil level to the elevation of the surrounding terrain. The existing railway slip will be filled and graded level that will eliminate a 144 ft' shelter and another impervious surface associated with the rail system. The filling of the railway slip will eliminate a ramped area that concentrated stormwater runoff. Stormwater will sheet flow off the proposed gravel parking area RECEIVED DEC 2 3 P`90 r,.:P SECTION NSA' I with no concentrated flow. There will be a 200' grass buffer between the proposed parking area and Pantego Creek. The building removal (2,016 ft2) and elimination of the railway system (t1,500 ft2) will result in a net reduction of the site's overall impervious surface coverage. I am available to meet you onsite or answer any questions you may have concerning this project. My mobile number is (252) 944-5555. Sincerely, Toby Tetterton TJ Marine construction DEG- 2 3-2020, MP SECTION MHD LU o N N iY+ksG O 4k`4�9 Jig II E]Njlf �l ill �/?`���,.�'`l�� `�,.~ �+ti ° ti*b�8y``��p•��\� v y � 9���g�}@ \,:I sl�i� 9_"ip�59 1 i Md4 �r YWAN } ^€ 41, + Ali 4, Y4!'`rr` 1•ne/ l,.r,� I�'�'i V 4 ?SJ.. .Iw J'"Eir.:� j T4�.I ._�, Y.,la/Nh. `i� ,,rya; ,h�, �J9• ° r��lt�uli (�� y�° k ♦ f t4t, �ii�µ,y ' t� r i1 ff•M1y {{ s Y ik AN �x. Fj Slh"'. 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Y5",^l j'r - J.',j. i �'. k { i 'st•`S Y � � Y x , Survey t a y t 5 ' }e S M t t p I/V �v F,ECENED DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Fishing Creek Properties LLC COUNTY: Beaajorl PROJECT NAME: Hodges Railway Redevelopment LOCATION OF PROJECT: 312 East Water Street Beaufort County Belhaven NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-2-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Staples y DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: / 4 Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S400 (60140) 14032 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-12-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 1-16-21 EMAIL OUT DATE: 12-5-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 1-1-21 DEED REC'D: Yes I50 DAY DEADLINE: DEC 10 2020 [)CM-MHD CITY STATE DUE DATE: Click or tap to enter a date. AGENCY DATE NOTES F— COMMENTS OBJECTIONS: RETURNED YES I DCM — Field Rep 2 2, DCM — LUP Consistency Determination 1l (� ZO fUrl ' Local Permit Officer 61 Corps of Engineers — Regulatory Branch HE �DWR-401 Section 1,c2 — ( 3 l DWR—Public Water Supply 17[fj Zp DEMLR— Stotmwater tt�(� v , DEMLR — Sed and Erosion DOA - State Property Office Wildlife Resources Commission lL DMF- ShellfishSection 1LI111D w DMF - Habitat & Enhancement Il l(� 0 DNCR— Archives&History �IUlt t Z �aMn� cx, DNCR—Natural Heritage Program NCDOT NC Dept of Commerce tl y K R .;;' Memorandum To: Gregg Bodnar From: Shane Staples Through: Kelly Spivey Subject: Fishing Creek Properties Date: February 9, 2021 A CAMA Major Permit application is under review for a project located at 312 East Water Street in the Town of Belhaven adjacent to Pantego Creek in Beaufort County, North Carolina. The applicant is proposing to fill and bulkhead the mamnade canal that was excavated for the railway haulout creating an additional 5,239ft' of uplands on the lot for future development. Methodology to create these uplands will be to construct 37' of bulkhead and seal off the area to be filled from the adjacent waters of Pantego Creek and then the area will be dewatered before being backfilled, graded, and planted. The remaining 58' of shoreline along the property will also be stabilized with a bulkhead. The existing 2,016ft2 structure will be demolished, the area will be graded and stabilized as lawn. Eighteen gravel parking spaces measuring 10'xl6' are proposed on the property along in the area adjoining East Water Street. On Pantego Creek a 6' x 222' pier with a 12' x 24' L-head platform and four slips with boatlifts to service boats measuring 18' to 25'is proposed. Access to the boatlifts will be provided by 4 finger piers measuring 3' x 24'. The water depths in the area of the proposed boat lifts average - 5' @NWL. Staff has reviewed the proposed project regarding rules found in Subchapter 7H concerning development in Estuarine Water and Public Trust Areas. The project appears consistent with rules set for in 15A NCAC 07H.0208(b)(11) Filling of Canals, Basins, and Ditches, specifically (A) and (C) as well as 15A NCAC 07H.0208(6) Use standards for Piers. It is staff s recommendation the application be permitted as requesting with standard permit condtions. FEB 9 2021 MP SECTION MHD Bodnar, Gregg From: Staples, Shane Sent: Tuesday, February 9, 2021 4:02 PM To: Bodnar, Gregg Subject: Fishing Creek Attachments: Fishing Creek Recommendations.docx Please see attached. The adjacent land owner where the basin would be filled has contacted this office on multiple occasions about his permit and slip locations and how it relates to the filling and bulkhead but he never raised objection or sent us an objection. He only asked for information and drawings. Shane Shane F. Staples DCM Field Representative Washington Regional Office shane.staples@ncdenr.gov office: 252-948-3950 cell: 252-204-4081 943 Washington Square Mall Washington, NC 27889 Rap COOPER MICHAEL S. REGAN ice- ---- . BRAXTON DAVIS NOPn;CAA OUN December 08, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NO 28557 Fax: 252-247-3330 (Courier 0¢16-33) orega.bodnan5nodenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Fishing Creek Properties LLC. Project Location: 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers,18 graveled parking spaces near East Water Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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. PRINT NAME Lee Padrick AGENCY SIGNATURE DATE NC Commerce P FZEC E Pv ED DEC g 2020 12-8-20 MIP SECTION MHD SWtr al'tlnrJ, i:.r�li• hm ��actts:l l)nuiry�(Yu.W7 N.,uass:ar AW l:crramcme Aft. \fuc�rad Cfl}. RC ^_fits/11!'_7 b'J&_'k"Jfi a "A �oi.r� December 08, 2020 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: ROY COOPER I n, mbY MICHAEL S. REGAN BRAXTON DAVIS Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) oreoo.bodnar(ZDncdenr.Qov CAMA Major Permit Application Review Fishing Creek Properties LLC. 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street 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 December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no abjection 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. PRINTNAME S�M�Q Mpo2 ml* e4-5 low Ltna0_%- f`ev1 AGENCY SIGNATURE �� RECEIVE® DATE 12bo/zb DEC 1 0 2020 State of North Camlina; Emvoamental Quality Coaxal Management MP SECTION! y FID 400 Commeme Ave. Morehead City. NC 29557 (252) 809-2808 �1 1 E7t t �/ Bodnar, Gregg From: Moore, Bill Sent: Thursday, January 21, 2021 1:46 PM To: Bodnar, Gregg Cc: tobin@rsnet.org; Steve Trowell Subject: CAMA - Fishing Creek Properties - Beaufort County Hey Gregg, After recent contact with Toby Tetteron (contractor representing Fishing Creek Properties) and Mr. Steve Trowell, we received additional information & a revised site plan that better defines the existing impervious areas on this site. Based on this additional information, the proposed project will actually result in a reduction of impervious area. While there are no existing stormwater controls, the completed project will allow sheet flow of sw over grass areas. Based on the revised information provided, this project will be exempt from any further stormwater requirements at this time. Any future development for this site may require additional review and a stormwater approval. 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 r r.AFO� tKAD \��/� �� OYMIIr\ 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: Moore, Bill Sent: Wednesday, December 16, 2020 3:05 PM Ir To: tobin@rsnet.org ITS I, s c r k, Cc: Bodnar, Gregg; Staples, Shane Subject: Hodges Railway Redevelopment Project Good Afternoon Tobin, Based on a preliminary review of the CAMA application for the subject project, it appears that a State Stormwater Permit may be required. I understand there will be some redevelopment associated with this project. Please provide a set of plans & detailed narrative that shows the existing impervious areas, as well as, the proposed impervious areas for the completed project. Also, show/describe how stormwater will be handled. Upon review of this additional info, we can discuss how to best approach the stormwater approval. I may visit the site once I receive the plans. Please forward this email to Walton O'Neal; I did not have his email. Please feel free to contact me if you have any questions. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 948-3919 ME"' „YtM1IKA �4 P pa Y/piYp�l01Y1 PI ETN11MflN111a19V�I�IY Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties ROY COOPER MICHAEL S. REGAN $eJR(urp BRAXTON DAVIS NORTH CAROLINA' DOrnnr, 1*1fi n't/co etul Emmem ental Ouuhry Jdnrmgemrnt December 08, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave„ Morehead City, NC 28557 Fax: 252-247-3330 (CounorU418-33) areee.bodnar@ncdenr.gov SUBJECT: CAMA Major permit Application Review Applicant: Fishing Creek Properties LLC, Project Location: 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 96' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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. PRINTNAME_Clif Whitfield AGENCY: _Public Water Supply DATE 12-9-2020 DEC q 2020 State of North Carolina I Environmental Quality l Coastal Manageme �j SECTION A®� 0� 400 Commerce Ave. Morehead City, NC 28557 (252) 808-280 P a NORTH CAROLINA AM 11-0a/u.110/ 011u8n= December 08, 2020 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Governor MICHAEL S. REGAN &Cremry BRAXTON DAVIS Dinclar, DA44i n ajCoaslal Monagemem i 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) gregg.bodnar( ncdenr.gov CAMA Major Permit Application Review Fishing Creek Properties LLC. 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grep.1 Bodnar at the address above by December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 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 Ir aAAz. DATE 17 December 2020 State ofNonh Carolina I Environmental Quality I Centel Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 DEC 1 g 2020 FVIP SECTION NIHD COOPER Governor a MICHAEL S. REGAN SecretaryROY BRAXTON DAVIS NORTH CAROLINA Uireeror, [ wamn ofCuaslal Env,-ownel rd (,atahq, Management December 08, 2020 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) oreoo.bodnar(a)ncdenr.00v SUBJECT: CAMA Major Permit Application Review Applicant: Fishing Creek Properties LLC. Project Location: 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street 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 December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 Rachel Love-Adrick AGENCY Division of Coastal Management SIGNATURE 0JM DATE 12/18/2020 State ofNonh Carolina I Environmental Quality I Coastal Management 400 Commmce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM r 1. NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planne0k Division of Coastal Management SUBJECT: Major Permit Request Fishing Creek Properties, LLC. DATE: December 16, 2020 Consistency Determination: The request is consistent with/not in conflict the Beaufort County Joint Land Use Plan 2006 Update certified by the CRC on January 13, 2010 Overview: The project known as "Hodges Railway Redevelopment" is located at 312 East Water Street, Belhaven, Beaufort County, North Carolina. The applicant proposes filling 5,239 ft2 of a manmade basin to create uplands; and install a 95' bulkhead, a 6' x 222' pier with a 12' x 24' L-head platform, 4 bloat lifts with associated finger piers, and 18 graveled parking spaces near East Water Street. The project site is approximately .74 acres, and has 237' of shoreline. The sites existing a development includes a'manmade basin measuring approximately 150' x 35' adjacent to Pantego Creek, a 100'lx 4' pier in disrepair, and a 24' x 84' building adjacent to the head of the canal. AEC(s) Involved include PTA and PTS. The project is located adjacent to Pantego Creek in the project location is designated is classified as SC, NSW by the Environmental Resources Commission and is subject to the DWR Tar/Pam buffer rules. Pantego Creek is designated as an inland waterbody by the Wildlife (Resources Commission. The site is a not a Primary Nursery Area, is closed to shellfishing. No submerged aquatic vegetation was observed in the vicinity of the project. There are no wetlands or coastal wetlands onsite (see MP-1(m) dated 9/22/2020]. The field report dated 12/2/2020 does not include a review of archaeological and cultural resources. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead Cft North Carolina 28557 252.8082808 Anticipated impacts resulting from this project are expected to include: the walkway will shade 1,488 ft2 of wooded wetlands, and the parallel dock, finger piers, boatlifts and platform will result is ±3,826 ftZ of total disturbed Public Trust Area. Basis for Determination: The project is subject to the Beaufort County Joint Land Use Plan 2006 Update. The field report states that the LUP Classification is Commercial, this is incorrect. The counties Future Land Use Map (FLUM) classifies the site as Towns and Community Centers and Conservation I and Conservation II (overlay). The LUP classifies the Conservation I area as follows: The following LUP policies may be applicable to this request: 2.1.3 Only development and land/water use activities that are consistent with the use standards for coastal wetlands, estuarine waters, and public trust areas (15A NCAC 07H.0208) are allowed in this classification. Permitted extractive uses in the Aurora area will continue. 2.1.5 Unless in the exempted or allowed, land development and land use activities must comply with the requirements of the Tar -Pamlico Buffer Rule (15A NCAC 02B .0259). 2.2.2 Only development that is consistent with the use standards for the estuarine shoreline AEC and the public trust shoreline AEC (15A NCAC 07H.0209(d)) is allowed. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead Gtg North Carolina 28557 252, 082808 "Birth Place of the Intracoastal Waterway" A J August 20, 2020 Us Marine Construction PO Box 125 Pantego, NC27860 RE: 20-312EWater-Z Dear Toby: Enclosed you will find an approved zoning permit for 312 E. Water Street. Please provide the Town with a copy of the LAMA permit for our records. Future improvements and development to this property may require additional approvals from the Planning Board and /or Board of Adjustments. To ensure that process moves along smoothly, I recommend contacting my office as decisions are being made with regard to next steps. Ted VanEssendeflt, the Town's building inspector, can be able to assist with any building permits or inspections that may be needed. Also, as the owner of the adjacent property, the Town may have an interest in exploring possible partnerships that could save both parties money as improvements are made. For Instance, we have planned some improvements for the parking area and see that you are also planning a parking area. Let's talk about this. Please let me know if we can be of further assistance to you. We look forward to seeing additional improvements to our beautiful waterfront. Sincerely, Lynn (Davis Town Manager 252-943-3055 Idavis@townofbelhaven.com cc: Neal O'Neal Ted VanEssendelft, Building Inspector 315 E. Main Street •Post Office Box 220 • Belhaven, NC 27810 • (252) 943-3055 • Fax (252) 1 q 2020 (252) 943-2357 IIP 1)CM-MH CITY Town of Belhaven Zoning Ordinance MARINE BUSINESS DISTRICT (MR) § 152,165 INTENT. The Marine Business (MB) District Is established to provide for the orderly development uses which require a waterfront location or are related to, or serve, marine interests. (Ord. passed 6.26-89) § 152.166 PERMITTED USES. In this district, buildings or land may he used only forthe following purposes: (A) Marinas; (B) Marine supplies: (C) Restaurants: 0) Tourist homes: (E) Hotels: (F) Wharves, docks, and piers; (G) City -owned and leased facilities; (H) Recreational facilities: (1) Retail sales: (1) Accessory use buildings: (K) Condominiums: (L) Public infrastructure facilities e.g. pumping stations, transformer banks, water tanks, drainage improvements, and the like: (M) Multi -family housing. (Ord. passed 6-26-89: Am. Ord. passed 11-6-98; Am. Ord. passed 2-6-95) Penalty, see § 152.999 § 152.167 CONDITIONAL USES The following uses shall be permitted subject to the requirements of this district and requirements imposed by the Board of Adjustment as provided in § 152.240 through 152.243: (A) Public utility lines; (8) Fuel storage sales; (C) Boatyards including boat building and repair; (D) Boat and motor display sales; (E) Food stores; (F) Seafood processing for human consumption only; (G) Seafood sales, wholesale and retail; (H) Site -built dwellings; (1) Bed and breakfast inns; (J) Retail car sales; (K) Day care centers; (L) Single family dwellings. (M) Planned Unit Developments (PUDs) subject to the Requirements set forth in Section 152.243 (L) (Ord. passed 6-26-89; Am. Ord. passed 3-19-90; Am. Ord. passed 8-16-93; Am. Ord. passed 3-25-19) Penalty, see § 152.999 DEC 10129ZO DCM-MHD CITY DATE: S - dC7 - aC) Zoning Permit q a0 31 a, ey - r ZONING PERMIT APPLICATION Complete this application in compliance with Section 152.571 of the Town of Belhaven Code of Ordinances. This is NOT an application to petition for a zoning classification change (i.e. rezoning). Zoning permits are required for all new and existing businesses when a new location for the business operation Is proposed or there is a change of use on the property. In ordertoensure that the proposed business operation and land use are permissibleand all development standards comply with the Town regulations, the applicant is recommended to reviewthe Town's Zoning Ordinance. The ordinance is available at Town Hall. The Zoning Permit Application fee is $25 ($75 commercial). This fee does not include the cost of any other permits that may be required, Including building permits. All fees are non-refundable and non -transferable once the application has been processed. Applications will not be reviewed unless fees have been paid in full. All applications must be legible and filled out completely. Illegible and/or incomplete applications will be returned to the applicant. Submit the application with supporting documents and payment in person at Town Hall or via US Mail at PO Box 220, Belhaven, NC 27810. Allow 5 business days for review and processing of all applications. Depending on the nature of your business operation and land use, a prospective proprietor may require additional review and authorization from the Town and non -Town agencies before being issued a Zoning Permit. Fire Inspector (252-946-2046) and Building Inspector (252-946-7182) should be consulted regarding Fire Code, Building Codes, and ADA Compliance requirements. Flood elevation certificates may also be required. Required Attachments ❑ Flood Elevation Certificate (if requesting construction project) Ed Site Plan ❑ Lease/Rental Agreement (if applicant does not own property) Town of Belhaven PO Box 220 315 E. Main Street Belhaven, NC 27810 www.TownofBelhaven `252-943-3055 FOR ADMINISTRATIVE USE ONLY Permit Fee: -Orl5 )YE&pproved ❑ Denied Comments: * Need CAM_AA I�rr. irk �or -Pi le - Administrator Signature: c5�o CLI. Date: DEC 1�0 2020 b)CM—M D CITY DATE: ' a10 cii O c l _ Zoning Permit" 020 - 3la Y — TOWN OF BELHAVEN ZONING COMPLIANCE PERMIT APPLICATION A Zoning Compliance Permit is required for site or use changes regulated under the Zoning Ordinance on property located within the legal town boundaries and the extraterritorial jurisdiction (ETJ). "THIS BFCOMF, a PrpmiT I InnM Aeoen..A .........,......_ __ ___ - - --_-- -.. -"'— PART 1. APPLICANT/AGENT INFORMATION _• .••. ... Vr rtt Name of Applicant/Agent: Fishing Creek Properties LLCfrobin Tetterton City: Belhaven I State: North Carolina I Zip Code: 27810 Email of Applicant/Agent: Phone Number: Fax Number: lobin@rsnet.org (252) 8434877 (252) 943-3948 PART 2. DESCRIPTION OF REQUEST/PROPERTY Street AddreSs:312 East Water StreetfjovCurrent Zoning:MB Acreage: ariay District: fParcel#: ent Use of Property: Proposed Use: Sign Permit: ❑ YES" ❑ NO 0 Change of Use O Erect a Sign 0 Alter an Existing Building 0 New Construction ❑ Relocate a Building ❑ Mobile Home OPARTPROJECT DESCRIPT"st�abilize USE (use additional a r if neededo construct bulkhead e as well as encapsulate existing railway slip. Bulkhead including ' pier with 4 slips is prgravel perking area will Provide parkingfor patrons renting slips. PART 4. SPECIFIC ZONING REQUIREMENTS 'Attach a copy of a site plan showing dts[ances from property Ilnes and relationshl to streets. Flood Zone:AE Flood Develo ment Permit: YES O NO Parkin Spaces:8 Base Flood Elevation: Elevation Certificate Required: ❑ YES 0 NO Setbacks: FRONT SIDE 1 c1SIG REAR STREETSIDE �� s PARTS. PROPERTY OWNER INFORMATION Name of Property Owner: Fishing Creek Propertles LLC Street Address/Mailing Address:275 Pamlico Street Clt :Belhaven State: NC Zi Code:27810 Email of Property Owner: Phone Number: Fax Number: I hereby state that the facts related in this application and any documents submitted herewith are Signature of Applicant: Tobin J. Tetterton Agent for Fishing Creek Properties LLC Print Name of Applicant: j1 r %/1,fi4G/ 7 Date: DEC 1 D 2020 CITY ,lt ,:» �. j' s'• �wu� NORTH CAROLINA 6i virounrental Quallo- December 08, 2020 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON DAVIS lHredar. DivisionofCaavlal Management Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City,. NC 28557 Fax: 252-247-3330 (Courler,04-16-33) greee.bodnarrOncdenngov CAMA Major Permit Application Review Fishing Creek Properties LLC. 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,2302 of manmade basin to create uplands, 95' of bulkhead, a pler 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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" VThis 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 Christa Sander ford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE for Shannon Jenkins DATE 12/17/2020 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808.2808 DEC 2.1 2020 MP SECTION MD Received: 1 /8/2021 .��.,• Historic Preservation Office Due: 1/14/2021 ROY COOPER Governor R r MICHAEL S. REGAN ER 21-0054 Secra ry BRAXTON DAVIS NORTH CAROLINA Dimclo , Dlt'IVion ofCoasml ILiI PN'onmenta, Oualin Management December 08, 2020 NC - NCH 1/14/2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator 1 /21 /2021 NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(cDncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Fishing Creek Properties LLC. Project Location: 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street 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 December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office I..± 11 • 1. 1 1 /22/2021 RECE0VIED JAN 2 2 2021 MP SECTION MHD State of North Carolina I Envimnmental Quality l Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 Bodnar, Gregg From: Sparks, Keri E Sent: Monday, January 11, 2021 7:52 AM To: Bodnar, Gregg Subject: FW: CAMA Major Permit Fishing Creek Properties LLC Beaufort County From: DCR - Environmental —Review Sent: Friday, January 8, 2021 5:21 PM To: Sparks, Ken E <Keri.Sparks@ncdenr.gov> Subject: Re: CAMA Major Permit Fishing Creek Properties LLC Beaufort County Keri, We have this project under review and we are working to respond as quickly as possible. Thank you. Devon L. Borgardt Environmental Review Assistant North Carolina Historic Preservation Office 109 E Jones St MSC 4619 Raleigh, NC 27699 919 814 6586 office Devon.borgardt(t�ncdcr. gov #StayStrongNC Learn more @ ncgov/covid19 And don't forget your Ws! Wear. Wait. Wash. WEAR a face covering. WAIT 6 feet apart from other people. WASH your hands often. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Facebook Twitter Instagram YouTube From; Sparks, Keri E <Keri.SoarksC@ncdenr.Rov> Sent: Tuesday, December 8, 2020 1:39 PM To: Brandon Hayes<brandon.havesCalco.beaufort.nc.us>; Pullinger, Robert C <chris.oullinaer(@ncdenr.Rov>; Whitfield, Clif <clif.whitfieldCalncdenr.eov>; Harris, David B <davidharris@ncdot.aov>; DCR - Environmental —Review December 08, 2020 FROM: SUBJECT: r. 9a. +2,0&.c2 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) oreag.bodnaritl ncdenr.pov CA MA Major Permit Application Review ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS �mgnv:el. ii Flk'2141. Applicant: Fishing Creek Properties LLC. Project Location: 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 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 —CA,Ln n AGENCY 1JC413FIC , RECEIVED SIGNATURE M� Z JAN 1 2 2021 MP SECTION MHD DATE j-12-'�21 Stain ofNooh C=Iina I Envimnmeatar Quality l Coasud Management 400 Commace Ave. Morehead City, NC 28557 (252)808-2808 ":"r: s �4 ga . oti "p za January 15, 2021 Regulatory Division ORM ID No. SAW 2020-02169 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 JAN 1 5 2021 MP SECTION 101-ID Reference the application for Fishing Creek Properties, LLC, for a Department of the Army permit to place fill material within a man-made basin and construct a bulkhead, pier and platform, boat lifts, and finger piers, on property located at 312 East Water Street, adjacent to Pantego Creek, in the Town of Belhaven, 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. 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. 3. 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. 4. The bulkhead will not be positioned farther waterward than 28 feet from the normal water level elevation contour at any point along its alignment within the man-made basin. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters -and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. -In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. ' . - 6: The authorized structure and associated activity must not interfere with the public's right to free r avigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 8. 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. 9. 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, RECEIVE® Raleigh Bland, S.P.W.S. Regulatory Project Manager JAN 1 5 2021 MP SECTION MH® 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 RECEIVED JAN 1 5 2021 PAP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director Fishing Creek Properties, LLC ATTN: Mr. Walton O'Neal 275 Pamlico Street Belhaven, North Carolina 27810 NORTH CAROLINA Environmental QuaNty February 19, 2021 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Hodges Railway Redevelopment - Dear Mr. O'Neal: RECE► ., _:"D FEB 2 2 20L, !"a9iP SECTION K ` DW R Project If 2020.1316 v1 Beaufort County You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on September 27, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [35A NCAC 028.0506(b)(c)jj Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Open Waters OWL —fill (man-made basin) 0.12 (acres) 0 (acres) Plan Sheet 1 and 2 OW2—shading (piers/docks) 0.04(acres) 0(acres) Plan Sheet 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCACO2H.0506(b)(3) and(c)(3) and 15A NCACO213.0200 (3)(ff] 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards 115A NCAC 02B .02001 including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [35A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. �DKQ�EnvironmentalNorth Carolina Department of Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 t 2SZ946.6481 r 16 S. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, If the tree plantings do not survive, they will need to be replaced such that the density is ,sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0714 (6)) 6. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http,//www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. , Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Ifsending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chris Pullinger at 252-948-3918 or chris uullin¢er(ancdenr.gov if you have any questions or concerns. Sincerely, Plow T.t+." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Vs Marine Construction, LLC(via e-mail; tobinC@rsnet.ore) Steve Trowell (via e-mail: steveitrowellCdemail.coml Gregg Bodnar, DCM Morehead City (via e-mail) Shane Staples, DCM WaRO (via e-mail) Raleigh Bland USACE Washington Regulatory Field Office (via e-mail) Laserfiche/DW R file copy RECEIVED F E B 2 2 2021 MP SECTION NIHD ,.r 4.4 I IOf! i Ail PIN } r� f leg ........a42+ R Ill list ' l l l� t l l l •� j`g a``���8`� � Ne l it I l l l l l lv JI a � DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Fishing Creek Properties, LLC 2. LOCATION OF PROJECT SITE: Beaufort County, Belhaven, 312 East Water Street adjacent to Pantego Creek Location - 35° 32' 12" N 76° 37' 20" W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — August 31, 2020 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received - November 2, 2020 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Beaufort County Land Classification from LUP: Commercial (B) AEC(s) Involved: PTA, PTS (D) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Railway haulout, pier, storage building Planned — Pier and platform with 4 boatlifts, Bulkhead, gravel parking area (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] 1111PUGF, FILLED OTHER (A) Uplands 2,880ft gravel parking area (outside 3011 AEC) (B) Non -Vegetated Wetlands 5,239ft 1836ft2 (Shaded) (shallow bottom) (c) Estuarine Shoreline 95ft (D) Total Area Disturbed: 10,135ft2 (filling, grading, building derno) (E) Primary Nursery Area: No (F) Water Classification: SC, NSW Open: No 8. PROJECT SUMMARY: The applicant proposes filling 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street. RECEIVED DEC 10 2020 DCM-MHD CITY Fishing Creek Properties 312 East Water Street Belhaven, NC 27810 Proiect Settine The subject property is located at 312 East Water Street in the Town of Belhaven adjacent to Pantego Creek in Beaufort County, North Carolina. The current development on the site includes a non-functioning railway haulout located at the head of a manmade basin measuring approximately 150' x 35' adjacent to Pantego Creek, a 100' x 4' pier in disrepair, and a 24' x 84' building adjacent to the head of the canal. Uplands consist of native trees and maintained lawn. The most recent use of the site has been a landing area for local crabbers. The property located downstream is a 19 slip marina with pump -out and fuel; the property located upstream is a public area owned by the Town of Belhaven with public docking available along Wynn's Gut. Pantego Creek in the project location is designated is classified as SC, NSW by the Environmental Resources Commission and is subject to the DWR Tar/Pam buffer rules. Pantego Creek is designated as an inland waterbody by the Wildlife Resources Commission. No submerged aquatic vegetation was observed in the vicinity of the project. Project Description The applicant is proposing to fill and bulkhead the manmade canal that was excavated for the railway haulout creating an additional 5,239ft of uplands on the lot for future development. Methodology to create these uplands will be to construct 37' of bulkhead and seal off the area to be filled from the adjacent waters of Pantego Creek and then the area will be dewatered before being backftlled, graded, and planted. The remaining 58' of shoreline along the property will also be stabilized with a bulkhead. The existing 2,016ft structure will be demolished, the area will be graded and stabilized as lawn. Eighteen gravel parking spaces measuring 10'x16' are proposed on the property along in the area adjoining East Water Street. On Pantego Creek a 6' x 222' pier with a 12' x 24' L-head platform and four slips with boatlifts to service boats measuring 18' to 25'is proposed. Access to the boatlifts will be provided by 4 finger piers measuring 3' x 24'. The water depths in the area of the proposed boat lifts average -5' @N WL. Anticipated Impacts The project as proposed will result in the filling of 5,239ft2 of shallow bottom habitat in the manmade canal adjacent to Pantego Creek to create uplands and the shading of 1,836ft2 of shallow bottom habitat in Pantego Creek from pier construction. Temporary turbidity and noise will be expected during construction. Shane Staples — December 2, 2020 "DECEIVED DEC 10 2020 f)rM-MHD CITY T J Is Marine Construction, LLC P O Box 125 Pantego, N.C. 27860 27159 Hwy 264 East Belhaven NC 27910 252-943-6677 Office email lobinarsnet.ore 14 October 2020 Shane Staples DCM Field Representative 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Staples: Enclosed is a Major CAMA permit application submitted on behalf of Fishing Creek Properties (FCP) for redevelopment of the former Hodges Railway located at 312 East Water street in the Town of Belhaven adjacent Pantego Creek in Beaufort County, North Carolina. The application package includes mp-I through mp-4, proof of adjacent property owner notification and a certificate of zoning compliance from the Town of Belhaven along with the required plan view and typical cross section drawings as well as a check for $400 for the application fee. The plan view plat is oversized, so this submittal only contains 3 copies. Please review and advise of any changes, if none let me know and I will submit the remaining 22 copies. The redevelopment proposal includes stabilizing the shoreline along Pantego Creek. As part of the bulkhead project, the bulkhead will extend across the railway slip and tie into the bulkhead of the adjoining Belhaven Waterway property. Once the bulkhead has been sealed off from Pantego Creek a four to six-inch pump will dewater the slip prior to backfilling. As long as the dewatering remains turbid free, the dewatering will be direct discharge into Pantego Creek. If any turbidity is resulting from the dewatering the discharge will then be pumped into a silt bag a minimum of 50'landward of Pantego Creek with a grassed area for the sheet flow to the creek. The backfill area will be level with the adjoining uplands and stabilized with maintained upland grasses. The purpose of the railway slip backfill is to create an additional 5,239 ft2 of upland area for future development. At this time the nature or extent of this upland development is undecided, at a minimum it will increase the value of the property. The earthen backfill will be obtained from a local permitted sand mine. The existing 2,016 ft' building adjacent the existing slip will be demolished and removed from the site. This area will be filled and graded and stabilized with a maintained lawn. A total of 18 RECEIVED DEC 10 2020 DCM-MHD CITY Mr. Shane Staples 4 October 2020 Page Two parking spaces is proposed to provide parking for patrons utilizing the proposed 4-slip pier. At this time the owner wishes to construct the parking area with gravel. The proposed 6' x 222' pier will have a 12' x 24' L-head platform and four slips with boatlifts to be accessed by 4- 3' x 24' finger piers. The boat slips and lifts will be adequate for boats from 18' to 25'. Water depths average 5' or greater around the pier and where the slips are located. The pier has been located to the west side of FCP's riparian area as much as practical and maintain adequate navigable space on the west side of the pier and avoid the shallow water with obstructions seaward of the Town of Belhaven property. Per the latest guidance from the Division of Water Resources I have submitted the electronic meeting request on 27 September 2020 in regards to obtaining the 401 Water Quality Certification and have included the email documentation in this application package. 1 certify that all information contained in this application package is true, accurate and complete to the best of my knowledge and belief. I hereby request that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Sin rely, Tobin Tetterton Us Marine Construction DECEIVED DEC 10 2020 OCM-MHD CITY Contact Name" Contact Emall Address Project Owners Project Name * Project County* Owner Address: * Is this a transportation project?* Toby Tetlerton tobin@rsnet.org Walton P. O'neal Hodges Railway Redevelopment Beaufort Street Address 275 Parnhoo Street Adbess Ux,2 ay Belhaven Rsld 14 Cade 27810 r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express r Individual Permit r Modification * Shoreline Stabilization Does this project have an existing project IDS?* r Yes r No Slate / Rwirco / rPi NC rwixry us Do you know the name of the staff member you would like to request a meeting with? Chris Pullenger Please give a brief project description below.* Redevelopment of a former marine railvayfboalyard located at 312 East Water street in the Town of Belhaven adjacent Pantego Creek. The shoreline of the project will be stabilized with a bulkhead aligned at the normal water level. The bulkhead wall extend across the railway slip. The railway will be backfilled to create more uplands for future upland development. A four slip pier and 18 parking places is proposed as well Please give a couple of dates you are available for a meeting. 10/2/2020 Please attach the documentation you would like to have the meeting about. RECEIVED DEC 10 2020 0CM-MHD CITY CAMAperMt2.pdf 1.16MB rdf a* By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day dock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day dock has expired, and you can submit an application. Signature ` �d�iJ r�.rr-attarr Submittal Date 9/2712020 RECEIVED DEC 10 2020 DCM-MHD CITY ID# 20201316 Version* 1 Regional Office * Washington Regional Office - (252) 946.6481 Reviewer List* Robert Tankard Pre -Filing Meeting Request submitted 9/27/2020 Contact Name " Toby Tetterton Contact Email Address ` Tobin@rsnet.org Project Name ` Hodges Railway Redevelopment Project Owner-" Walton P. O'neal Project County` Beaufort Owner Address: Street Addess 275 Pamlico Street Artxess the 2 City $We I Ronne / Rgor Belhaven NC Rew / Zp Ctdc CmAry 27810 us Is this a transportation project? ` r Yes (7 No Type (a) of approval sought from the DWR: * 401 Water Quality Certification- 1- 401 Water Quality Certification - Regular E)press f Individual Permit r Modification * Shoreline Stabilization Does this project have an existing project IDN? ` Yes r. No Do you know the name of the staff member you would like to request a meeting with? Chris Pullenger RECEIVED Please give a brief project description below.* Redevelopment of a former marine radway/boatyard located at 312 East NOV 0 l 2020 Water street in the Town of Belhaven adjacent Pantego Creek. The shoreline of the project will be stabilized with a bulkhead aligned at the f„/t; I��-%��® normal water level. The bulkhead will extend across the raiwwy slip. The railway will be backfilled to create more uplands for future upland development. A four slip pier and 18 parking places is proposed as wall. RECEIVED DEC 10 2020 OCM-MHD CITY Please give a couple of dates you are available for a meeting. 10/2/2020 Please attach the documentation you would like to have the meeting about. CAMApermil2pd1 1.16M6 1.fud, By digitally signing below, I certify that I have rear) and understood that per the Federal Clean Water Act section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. I understand by signing this form that I cannot submit n1y application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and fime if a meeting is necessary. You will receive notification when the thirty -day clock has e1vired, and you can submit an application. Signature p%j F// zemiw Submittal Date 9127/2020 RECEIVED DEC 10 2020 DCjw-AAl-i[.) CITY RECEIVED NOV 0 2 2020 DCM-VI ARO /J bC6IChLpip Wfty S���:— tiY��+iM yMY��:d /r 'i M oYri�re Fkwm Cmek RoPeUn. LLC DEC 10 CC Q W > W W o N o .-. w F U = � It o U ;ilf� {;1hil 2f!tIt � f ii y 118'i , , ,i. �' . ,o �}' t��itl jj ��- r 2'j:l f��{ i !�� �LtHit � ``\ III,' am � •?- � ' l l i l l l l l l l l l l l'\;� ROY COOPER NORTH CAROLINA Governor Environmental Qualtry MICRAEL S. REGAN Secretary BRAXTON C. DAVIS D1reetar Fishing Creek Properties LLC. Walton O'Neal 275 Pamlico Street Belhaven, NC 27810 Dear Mr. O'Neal The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 312 East Water Street Beaufort County Belhaven North Carolina, and appears to be adequate for processing at this time. The projected deadline for making a decision is 16 January 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. Shane Staples, Field Representative for the Division of Coastal Management is responsible for processingyour permit and he can be reached at 252-948-3950 or via email at Shane.StanlesOncdenr,eov if you have any questions. If this agency does not render a permit decision within 70 days from 2 November 2020, 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 frontingyour 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 D�/'� DEC 10 2020 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY i Washington Offltt 1 943 WasNngton Square Mall I Washington. North Carolina 27689 1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1910.796,7215 Morehead City Ofnice 1 400 Commerce Avenue I Morehead City. North Carolina 21L5571 252,808.2808 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. Sincerelv, Shane K Staples Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar • Assistant Major Permit Coordinator WARO TJ's Marine Construction 9-.ENJ*9V� 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 910.796.7215 Morehead Citv Office 1400 Commerce Avenue I Morehead Citv. North Camlina 28557 1 252808.2808 RECEIVED DEC 10 Z= I)CM-MHD CITY i r i w' .. c' , x.' in �.�� Pip �5 -sa ,�'� , 't'j" dVe :+�'�i�<�! s.✓ � Irk.'' ,�'� APPLIED FOR PROJECT- Q i APPLICANT: 1 dl L+li..t4\Yt11". (1 gnat to x nl1+ 1 Yl?�lQ , 1n-T•-OrNI .1 0, IPQ{ E ZG'jC}- FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �� �J_hane- L S-Ifl[?1P\ RQ,AYI �Pn-3'(�T'1fr /bi1y ision (� FAQ +ml N1 na(ar Min-% i Q-722x1 ROY COOPER Governor MICHAEL S. PECAN Secretary BRAXTON C. DAVIS Director Washington Daily News P.O Box 1788 Washington NC 27889 NORTH CAROLINA Environmental Quality d December 2020 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 12 December 2020 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: ATTACHMENT Cc: File Thank you. Sincerely, er Sparks, Administrative Assistant II Division of Environmental Quality Division of Coastal Management D Q� 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 910,796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead Cltv. North Carolina 28557 1 257808.2808 RECEIVED DEC 10 ZOZO DCM-MHD CITY 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 (LAMA) was received on 2 November 2020. According to the said application submitted by Fishing Creek Properties LLC proposes filling 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6'x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers. 18 graveled parking spaces near East Water Street. 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 1 January 2021 will he 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. Shane F. Staples Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3950 Please publish on: 12 December 2020 RECEIVED ig W �� DEC 10 2020 North Carolina Department of Environmental Quality I Division of Coastal Management M-MHD CITY Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 1252..9 .6481 DC Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 284051 910.796.7215 Morehead Clty Office 1400 Cnrnme¢e Avenue I Morehead Clty. North Carolina 2855712S2.8082808 e Complete items 1, 2, and 3, rB.' ® Print your name and address on the reverse so that we can return the card to you. aAttach this card to the back of the mailpiece, or on the front If space nerrnitc o�d� ^ � � �� r •rye,/�,rr N ryo/s' G'iI�G j fi%Ci o2�J��vC� II��III�I I��I I�III�II ��IIIIIII III II�IIII�II �II 9590 9402 5760 0003 6913 02 7020 0090 0001 5786 1208 PS Form 3811, JUIy 2015 PSN 7530-02-000-9053 11SPS TRACIdNG # 9590 9402 5760 0903 L913 02 United States Postal Selvtce a sender. Please print you Is delivery address different fm If YES, enter delivery address f^ y� name, -7 ➢,7 Agent ❑ Addressee '. D aof slivery t Yes ❑ No ❑ Priority Mall M(ptess® fatl Delivery 0 Registered Mau- ry Oellv�ered Mail Restricted i De ivgry ❑ Retum Recelpt for 5 Merohmo,ae Moted Delivery E3 319natureCoMrmationev ❑ Signature Contimation Delivery Restricted Delivery Domestic Return Receipt [POSW968,Fe irst-Class Mall espaidSPSermit No, G-f `, DEC 2 1, 2020 RFIP SECTION MHO) o Complete Items 1, 2, and 3. ® Print your name and address on the reverse - g so that we can return the card to you. o Attach this card tothe back ofthe mailpiece, 6' or on the front If space permits. 1. Article Addressed to: - D. ZA/41 fAuli�S J� �iAf7 f✓lGJ/Ic��!rr� ... _II��I�I�II�III�I�I�LIIIIII��II��I�IIIII�II�I�II 13 ❑ El 9590 9402 5566 9249 9133 35 0 -2."{irtl ltttumn?. ar.�Jmm:c ". 7015 15213 0001 5397 9861 Ps Form 3811, July 2016 PSN7630-02-000-9053 a I .0 I — ❑,Agent ❑ Addre, led by. , doted Name) C. Date of Dell Is delivery address different from item 17 u vas If YES, enter delivery address below: ❑ No sured Mall i I ❑ Pdorlty Mall Express® ❑ Registered Mall - ad Delivery ❑ Registered Mail Restrloted Delivery Delivery ❑ Return Receiptfor Merehan6se doted Delivery ❑ Signature CoMlrmatlonm t ❑6lgneture Conaanatlon DeWery Rarinoted De1Hery Domestic Return Receipt i E ass !G50 e.& No. /MAS }itrrf IJiI{{lith6i d{1+{{I{i{rfhuriiri{}rill{i{{i••{iaq{d RECEIVED DEC 2 1 2020. MP ECTION' H® 1 1 of Comprete items 1, 2, and 9. "' .: eiA% arannW n ■ Pdlq your name and address on the reeverge X CYI so that we can return the card to you. • Attach this card to the back of the mailpiece, e. Recai b or on the front If space permits. K 4 t=ru!ar Qr1t1a1 Vn��ACGs� Ill alb NG a �8io 119 �1�1�119111�1111111111111111111111111 IN III1 9590 9402 5121 9092 1245 45 2. Article Number Irensrer _ 7018 311911 0001 9391 6265 PS Form 3811, July 2015 PSN 7530-02-000-9053 `A D. Is delivery address different fro If YES, enter delivery address 3: Service Type I p Priority Mall Rxprease ElAduaSignature 0 Reglatered Mal- 0Adult el9ntursReaMctedDelivery D Reglstmed Marl ReaMcted 13 Certified Mail® Delivery ❑ Cedlned Men ReeMcted DeMery ❑ Rahlm Raceiptror Merchandise ❑ Callao on Delivery ❑ Collect on Delivery Restricted Delivery I O signature ConfUmatlonTM 0 Inured Mail ❑ Signture Confirmafion ❑ Insured Mail ResMcted Delivery I ResMcted Delivery Domestic Return Receipt USPSTRACMNG# i -First-Class Mail II�I�I� I�III�1 11111111113 E Peml 9No.G10Paid 959a 9492 5121 9092 1245 45 United States Postal Service y� : PCIVE® DEC 2 1 2020 M11P S-C T COPS MD, your name, \2AR[IVE COINSTRUCTIO.i'` LLC ` PO BOX 125 PANTEGO NC 27860 I111Irrlllrll)urh1111;HIIIII{Ilitllltill'IIPJ.II{rllllu{{r{r 0 Postal CERTIFIED MAIL", RECEIPT a .n Domestic AfailOnly Ir I` Belhaven rjN421811 1h s Q'Cana" Mal-w S3. 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PofW. t1.20 a IXI Sanl To rq � Sliee(eriJApi"10'u.; uiVClId: FYa ................................... r m Belhaven r NC 27810 r m Cenifiae Mad Fe. 55 f3.JJ Ilkv S ���' Eava arvkoa .p FI.ad.ua..OM .• � ❑Re�vn R«wq PuEcopyl t ❑n.f�enw.y�q•«awq t •i. �ii Poflmnk Q ❑LNfiM Ma`I Rea1MM p1.Ya t H" p ❑ran sp..v...aa+e .�� o Po:taperu S1.$CI 09/25/2020 TolelPo.,p. ee. a $8.20 Sant Th ra Siieei eriCAp['K6:;wiCili7fb. __••......"""""""""—""""""" AECEIVE® DEC 10 2020 oCM-MHD CITY 23 September 2020 Certified Mail — Return Receipt Requested Mr. Brad Condon Belhaven Waterway Marina 332 East Water Street Belhaven, North Carolina 27810 Dear Mrs. Condon: Fishing Creek Properties LLC (FCP) is applying for a Major CAMA permit to redevelop the former Hodges railway property located at 312 East Water Street adjacent your property, Belhaven Waterway Marina, on Pantego Creek. I am submitting this application package to you as agent and on behalf of FCP. The proposal is to stabilize the shoreline on FCP property adjacent Pantego Creek with a bulkhead that will extend across the railway slip. This area (railway slip) will then be backfilled with earthen material to match the elevations on the adjoining uplands. The purpose of the railway backfill is to create additional upland area and increase the development potential of the property. FCP is also proposing to construct a 6' x 222' pier with 4 slips and a gravel parking area with 18 parking spaces. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (252) 944-5555. S' e r Toby Tetterton Enclosures TJ Marine Construction RECEIVED DEC 10 2020 oom-MHD CITY 23 September 2020 Certified Mail — Return Receipt Requested Mrs. Lynn Davis Belhaven Town Manager 315 East Main Street Belhaven, North Carolina 27810 Dear Mrs. Davis: Fishing Creek Properties LLC (FCP) is applying for a Major CAMA permit to redevelop the former Hodges railway property located at 312 East Water Street adjacent the Town of Belhaven property on Pantego Creek and Wynns Gut. I am submitting this application to you as agent and on behalf of PCP. The proposal is to stabilize the shoreline on Pantego Creek with a bulkhead that will extend across the railway slip. This area (railway slip) will then be backfilled with earthen material to match the elevations on the adjoining uplands. The purpose of the railway backfill is to create additional upland area and increase the development potential of the property. FCP is also proposing to construct a 6' x 222' pier with 4 slips and a gravel parking area with 18 parking spaces. The specifics of the proposed work are in the enclosed application forms and drawings. This is the same and one project submitted to the Town of Belhaven for a Certificate of Zoning Compliance. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (252) 944-5555, ff - Sire / Toby Tetterton TJ Marine Construction Enclosures RECEIVED DEC 10 2020 DCM-MHD CITY IM 1989PG014 2MUroxT coUM tarro > WORDS 11fN1'm eom j 0-SOa (D—/4 Land Racorde Official T,6 r71 Prepared by and return to: Misa B. Raynor, PA PO Box 9, Belhaven, NC 27810 Revenue Stamps: $ 304.00 Tax Parcel/PIN: 46367/7605.78.3766 FOR OF DEEDS JJEim6TION iW Ledo ttt 4hEtehurst asaulorl county, NO May 10, 2019 01:40:24 PM Book 1989 Page 74-75 FEE-. $26. 00 NC REVENUE STAMP: S304.00 INSTRUMENT # 2019002223 Beaufort County Tax Collectors T ertification q Tax Collector's Official Ua 1 1 This property is not the primary residence of a Grantor STATE OF NORTH CAROLINA COUNTY OF BEAUFORT WARRANTY DEED THIS DEED made and entered into this the A day of April 2019 by and between WATER STREET VILLAS, I LC, a North Carolina Limited Liability Company, hereinafter referred to as GRANTOR; to FISHING CREEK PROPERTIES, LLC, 275 Pamlico Street, Belhaven, NC 27810, hereinafter referred to as GRANTEE. WITNESSETH: That the said Grantor in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by said Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents, does bargain, sell and convey unto the said Grantee, its successors and assigns, the following parcels or tracts of land in the State of North Carolina, County of Beaufort, Pantego Township, in the Town of Belhaven and more particularly described as follows: BEGINNING at an existing iron bar in the southerly right of way of Front Street (a.k.a. Water Street) said bar being NC Grid SPC NAD 2011(adjusted) N=658,841.1805 E=2,707,499,6951 as shown on that map of survey entitled "Boundary Survey for Fishing Creek Properties, LLC 'Lonnie Hodges Tracts` by Wood Duck Land Surveying, PC, drawn April 3, 2019, then from said beginning point along the southerly right of way of Front Street North 46 degrees 06' 16" West the following distances for a total of 100 feet along Front Street: 57.00 feet to an iron; 38.00 feet to a wood stake; then 5.00 feet to an iron (NC Grid SPC NAD 2011 [adjusted) N=658,910.5151 E=2,707,427.6346) in the boundary line of the Murphy Moore realty (1731/646) in the centerline of an abandoned alley; thence cornering along the Moore realty South 44 degrees 14' 56" West 146.92 feet to an existing re - bar, then continuing along the Moore realty South 43 degrees 49 26" Weat 184.65 feet to an existing railroad iron at the shoreline of Pantego Creek; thence cornering RECEIVED DEC 10 2020 01,`,EiS-MHD CITY 1K 1989PGO75 North 61 degrees 53' 62" West 106.29 feet to a point in the boundary line of the Seabreeze Enterprise (1986t814 and 19181718) realty; thence cornering along the boundary line of the Seabreeze Enterprise realty North 43 degrees 12' 40" East 147.83 feet to a set wood stake, then continuing along said boundary line North 43 degrees 46' 37" East 150.35 feet to the point of beginning and being 0.737 acres, more or less (a combination of that 0.113 ac + 0.487 ac + 0.137 ac) as shown on the above referenced map of survey which is recorded in Plat Cabinet r Slide 9S - (o in the Beaufort County Register of Deeds, and incorporated herein for a more complete and accurate description. This is a portion of the property conveyed to Water Street villas, LLC by deed dated March 19, 201B and recorded in Book 1955 Page 480 in the Beaufort County Register of Deeds. TO HAVE AND TO HOLD the aforesaid parcels or tracts of land and all privileges and appurtenances thereunto belonging unto the said Grantee, and its successors and assigns forever. The Grantor covenants with the Grantee that it is seized in fee simple of the land above described and has good right and title to convey the same; that the same is free and clear of all liens and encumbrances, except ad valorem taxes for the current year, and it will forever warrant and defend the title to the same against all lawful claims and demands whatsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal, with authority of and as an act of the limited liability company, this the day and year first above written. WATER ST ET VILLAS, LLC (SEAL) BY: rar r.,. Rai PAINTED NKME AND TITLE STATE OF NORT�1 CAROLINA COUNTY OF W eke 1 L . C 1' a` Notary Public of the county and state aforesaid, certify that % personally appeared before me this day and ackt4 1�-.n nowledged that he is of WATER STREET VILLAS. LLC, a North Carolina Limited Liability, ompany, and that by authority duly given and as ar3 act of the Company, the foregoing instrument was signed by him as its M C Witness my hand And official stamp or seal, this the 4_ day of April 2019. My commission expires: aaZC2.3 RECEIVED �c,� \IQ Q 0EC 10 2020 Notofy Feblla Wake county My commltann c.-,. i�P CARO�\'\" 0CM-MHD CITY Authorized Agent Consent Agreement eh rby authorize Tobin Jay Tetterton of (Property Owner(s) ) TJ's Marine Construction, LLC to act on my behalf in obtaining CAMA permits for the location listed below. PROPERTY ADDRESS: `1a L PROPERTY OWNER'S MAILING ADDRESS: C� Phone No PROPERTY OWNER'S SIGNATURE: 1 AUTHORIZED AGENT SIGNATURE:_L �' TOBIN TETTERTON DATE:_ 2�b W/Authorixed Agent Consent Agree. 4 `7 CEIVED F C, 10 2020 r�JA-MHD CITY E ® *Joy Modiicat0on toe $250 100% ($25a) (w/a ($u ) CAMA permit 4' III, For devetofxrterit that II Invohret the filling and/or j excavation of up to 7 acre j of wellands and/or open f water arm, determine ff A, 13 C or Dbelow applies: III(A). PrNate, non• ❑ commercial development, H $250 100% ($250) General Water Quality Certlfieatlon No. 3400 (See atf6chad) can be applied: OWN III(B), Publicorcommercial development, If General . $400 100°/a ($400) 0% ($0) i WeRer quality Certification t No. 3490 (See attached) Gas" ba I(od: i Ill(C). If Gen" Water ❑ Quality Certification No. $400 W/o ($240) 40% ($160) ' 3490 (see attached) could be applied, but DCM stag determined that additional Ills t review and written DWQ , y concurrence Is needed because of concerns f. related to water quality or vatic life: III(d). If ae""! Water Quality Codification No. $400 60%) ($240) 40% ($160) 349Q (sas attached) cannot 00 e I IV. For development that ❑ Involves the filling and/or $475 60% ($285) 404fo ($190) excavation of more than one acre of wetlands and/or open water areas: '� I —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet '1 b01/1012; Applicant: K �G Date: i Project Site County IV Staff ('L District: Elizabeth City ashington SC<�� JTs �cl ❑Morehead City El Wilmington ProiectName-itlRover File: Date application -received as complete -in the Fteld office (EX: 1AW007): ///.2 /� 020 Permit Authorization: CAMA Dredge & Fill Pfroth SITE DESCRIPTIOAVPERMIT INFORMATION PNA: ❑Yes Lego I Photos Taken: Yes No[-] Setback Required (riparian): ❑ Yes RRo Critical Habitat: 0 Yes o ONof Sure 15 foot waiver obtained: Yes o Hazard �Noli§cation Returned: ❑Yes . 0 SAV: Yes R o Not Sure She// Bottom: Yes o Not Sure Temporary Impacts: es No Sandbags: Yes o ❑ Not Sun: Did the land use_�llassification come from countyLUP: Ryes ❑No Mitigation Rgquired (optional): ❑Yes Pro M_orjaatorium Conditions: ❑Yes No f�NA Environmental) Aswssment Done: ❑Yes ❑N ERNA SECONDARY WATER CLASSIFICATION- OPTIONAL (choose MAX of 4) Outstanding Resource Waters WETLANDS IMPACTED (404) Corp. of Engineers (Junsdictional I El (LS) Sea lavender (Limonfum Sp.) LJ (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) Ll (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina altemi0ore) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Budrush or three square (Scirpus (TY) Cattail (Typha sp) spicata) SO (JR) Black needlerush (Juncus ❑ (SP) Saltimeadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 ❑ 111(A) Private w/O&F up to 1 acre; 3490 ❑ Ill(D) Pmrpublic or comm w/ D&F to 1 can be applied - $250 acre; 3490 cant be applied - 5400 Minor Modification to a CAMA Major LJ Major Modification to a CAMA Major LJ IV Any development involving D&F of permit - $100 i permit - $250 more than 1 acre - $475 Permit Transfer - $100 III(S) Public or commercial w/O&F to i Express Permit - $20W acre; 3490 can be applied - $400 i ❑ Major development extension request - ll. Public or commerciaYno dredge $100 and/or fill - $400 ❑ L Private no dredge and/or rill - $250 ❑ ill (C) Priv. public or Comm w rD&F to 1 RECEIVED acre; 3490 can be applied: DCM needs I D WQ agreement - $400 lirU IV LULU '-52•SJ3-2809 1•983-ARCOAST .. ,arr nc .oes:aimaraaa;n3n Gnat NC DivisionPPf Co/a•stal Mgt. Application Computer Sheet, Page z of Aj Applicant: 77.J C.rta tL �r�r��•vi� LL Date. Describe b/slow the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Aee TYPE REPLACE Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension One One J New Work Replaccee,� n s . Maint El Y ad N / New Work Maint ❑ Replace ❑ Y QrN Jr New Work Maint ❑ Replace ❑ Y EK / New Wont Replace a 2 4 Maint ❑ ❑ Y DK New Work Maint ❑ j I Replace ❑ Y [A y 1 .1201 I New Work Maint ❑ Replace ❑ Y 15N' , t New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace i Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ! ❑ Y ❑ N New Work El Replace i Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace i Maim ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace I Maim ❑ ❑ Y ❑ N I DCM.MHD CITY revi"d 0211NIO NC Division of Coastal Mgt. Application Computer Sheet Page a of J) Applicant: l /IFt,r f L/Yc / �r 6- /"rz Date: 1-2/y Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft FINAL Sq. Ft. (Applied for. (Anticipated final Disturbance total disturbance. I includes any Excludes any anticipated i restoration restoration a and/or temp tamp impacts) , impact amount) TOTAL Feet (Applied for Disturbance total includes any anticipated j restoration or i tamp impacts) i FINAL Feet I (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Dredge ❑ FiN W- Both ❑ Other ❑ Dredge ❑ Fig Both ❑ Other ❑ Dredge ❑ I'M ❑ Both ❑ Other Dredge FiN Both � O,.wther� rY.o� �' Gr/' �1 O Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fig Both ❑ Other ❑ i Dredge ❑ FW ❑ Both ❑ Other ❑ ! Dredge ❑ A# ❑ Both ❑ Other ❑ Dredge ❑ Fiff ❑ Both ❑ Other ❑ Dredge ❑ Fiff ❑ Both ❑ Other ❑ Dredge ❑ Fiff ❑ Both ❑ Other ❑ I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fil ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ RECEIVED DEC 10 2020 DCM-MHD CITY 2112 dO8•2301 ' ".3 —URC0437 �'v •i/1ssd: J? !S. 10 tobin@rsnet.org From: Steve Trowell <stevejtrowell@gmail.com> Sent: Tuesday, October 13, 2020 9:07 PM To: tobin@rsnet.org Subject: O'Neal Permit Major CAMA Attachments: CAMA App Package.pdf Phyliss: This is ready to be submitted to DCM Shane Staples. Toby will need to sign the cover letter and the last page of each application form. There are three copies of the oversized plan view in your office. Submit those with the application. The application fee for this permit Is $400. 1 will mail to Shane Staples the other remaining 22 copies. I will call you in the morning to follow up with you.. Thanks RECEIVED DEC 10 2020 i]CM-MHD CITY December 08, 2020 MEMORANDUM: FROM SUBJECT. Applicant: Project Location: ROY COOPER Gary nnu MICHAEL S. REGAN X-1-Y BRAXTON DAVIS Ihrcran. Ihrurm, J('muml Alurmyrmrnl 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) aor gg bodnar9briodenr cov CAMA Major Permit Application Review Fishing Creek Properties LLC. 312 East Water Street adjacent to Pantego Creek Beaufort County Belhaven Proposed Project: The applicant proposes filing 5,239ft2 of manmade basin to create uplands, 95' of bulkhead, a pier 6' x 222' with a 12' x 24' L-head platform and 4 boat lifts with associated finger piers, 18 graveled parking spaces near East Water Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnarat the address above by December 29 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 project only if the recommended changes are incorporated. See attached. PRINT AGENCY SIGNATURE DATE This agency objects to the project for reasons described in the attached comments. RECEIVED DEC 10 2020 State d North Carolina I Ewman,cnlal Qualily l Coastal Managemcnl �y �+ p. ��I 400 Conm.mc Av Morehead City, NC 28557 (252)WS-29M DCM-MHD CI • ' Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed applicafion form, (MP-1) the following items below, if applicable, must be submitted in order for 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 property 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 she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the she. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. a. The appropriate application fee. Check or money order made payable to DENR. f. 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 Town of Belhaven Phone No. (252) 943.3065 Address 315 East Main Street Name Belhaven Waterway Marina Phone No. (252) 944-0068 Address 332 East Water Street Name Phone No Address g. A list of previous state or federal permits issued for work on the project trap. Include permit numbers, per ittee, and issuing dates. h. Signed consultant or agent authorization form, If applicable. j. Wetland delineation, rf necessary. j. 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 P011cy Act (N.C.13.5. 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. 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 09/22/2020 Print Na a _Toby Tetterton Signature Please indicate application attachments pertaining to your proposed oroiect. R E 6s1A E 9/ nil4! ®DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts vJL�, P.]? Si CT10N PV411'D 252-808-2808 :: I.888-4RCOAST :: www. necoastalmanagament. not Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity ofslruclure(s) to adjacent riparian property lines b. Proximity d atructure(s) to adjacent docking facilities. 30' and 42' 42' end 128' Able: Forbuoy armoadng pfling, use arcofswing including length Of vassal. a Wldlh ofwater body 2.300' e. () 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. d. Water depth at walerward end of structure at NLW or NWL 8. OTHER ❑This section not applicable a. Give complete description: Date Project Name Hodges Railway Redevelopment Applicant Name Appllcar0 Signature M1 RECEIVED DEC 10 2020 '.,CM-MHD CITY ZfiJ.•t100-2608 :: 'I.00a-4RCOAST :: www,nccoastalmanpgoment.not revised: 12127/06 Form DCM MP-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 stabilizatlom b. Length: ]j([ ®Bulkhead ❑Riprap ❑Breakwate/Sill []Other:_ Width: J: c. Average distance watenvard M NHW or N1WL: 14' d. Maximum distance waterward of NHW or NWL. 28' e. Type of stabilization material: vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backfill See Section 4 Rlprep Breakwater/Sill_ Other i. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (d) If yes, state amount of erosion and source of erosion amount information. Personal observation h. Type of fill material. Earthen Fill 4. OTHER FILL ACTIVITIES ❑This section not applicable l (Excluding Shoreline Stabilization) a. () Will fill material be brought to the site? ®Yea []No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (II) Amount of material to be placed in the water 556 cubk Yard3 (tit) Dimensions of fill area 147' x 49 ay. 5,239 it (iv) Purpose of fill To badfill man made railway slip that is no longer in service to create uplands. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Contained behind slructually tight bulkhead. Fill material to be slope, graded and seeded. Final elevations to match uplands on either side of railway slip. c. O NII navigational aids be required as a result of the project? []Yes SNo ❑NA (it) If yes, explain what type and how they will be implemented. 09/22/2020 Date Hodges Railway Redevelopment Project Name b. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide th number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: backhoe, or hydraulic dredge)? A barge mounted excavator, a dewatering pump, dump truck, skid steer, buldozer and tractor. d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. W 4n, Toby tetterton Applicant Name , (7CEIVE® )EU 10 2020 0CM--i'VIM CITY 252-008-2808 :: 1.088.4RCOAS'r :: www,ncco_astalmanagenu;nt.net revised: 72/26!06 I orm DGM MP-2 (Excavation and Pill, Pago 3 of 3) Applicant Signature RECEIVED DEC 10 2020 DCM-MHD CITY 7.52-808-2808:: 1.888-41MOASY::w .nccoastalman-gernLiiA.not revised: 'I 2/26168