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HomeMy WebLinkAbout43-21 Oregon Inlet Fishing Center LLCPermit Class NEVK Permit Number 43-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �Prri�it 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 Issued to Oregon Inlet Fishing Center LLC and The National Park Service, PO Box 190, Manteo NC 27954 Authorizing development in Dare County at adj. to Mons Creek & the Roanoke Sound, at 8770 Oregon Inlet Rd., near Nags Head, as requested in the permittee's application did 2/17/21 (MP- 1), 10/22/20 (MP-2,4) & 9/29/20 (MP-3), incl aft workplan drawings (3), Hydrographic Survey dtd 4/l/20, Sheet I of 2 did 10/22/20 & Sheet 2 of 2 dtd "Revised 2/17/2 P. This permit, issued on April 13, 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 it mese terms may oe subject to Imes, imprisonment or civil action; or may cause the permit to be null and void Maintenance Excavation 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no excavation or filling shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -8 feet below the mean lower low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (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 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. WM.11 IA� Of MA Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 r Page 2 of 5" - ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. 6) 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 National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Snoil Disposal 7) No spoil material shall be placed within 30 feet of the normal water level. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The permittee and/or their contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the pennittee's signature shown anew on the original plan. Marina Expansion 11) This permit authorizes only the fuel dock, finger piers, fuel stations, 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 Page 3 of 5 ADDITIONAL CONDITIONS 12) 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. 13) This permit authorizes 6 additional formalized boat slips for a maximum of 67 formalized boat slips at this docking facility. 14) The marina shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 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. 17) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Boardwalk 18) 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 eight (8) foot wide boardwalk, all as expressly and specifically set forth in the attached permit application and workplan drawings. 19) Any portion of the permitted boardwalk built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. Upland Development 20) 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 structures, reconfiguration of the parking lots, and construction of the buildings, pavilions, sidewalks, stormwater management and wastewater structures, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 Page 4 of 5` - ADDITIONAL CONDITIONS Sedimentation and Erosion Control 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 22) 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. 23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. USACE Conditions 24) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or -alteration. General 25) 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. 26) 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. 27) 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-00035). Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 • I Page 5 of 5 ADDITIONAL CONDITIONS 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. 2020-1911. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources r DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New J Major Mod _ _ Permit# Minor Mod Permit Coordinator: Field Representative: Date Time Renewal Transfer Message ;V Q vvtEcc RCS N� �✓ GajLC ✓i(C(�. TM Wi2C tAAVtW(' COVAW4,4� � t( )uol: 'l>,5 (rK*On 91 u41 n "�'(1-19'iZ�ll� 2llSl �ZSI�IS 1144l�Iz3 31� ROY COOPER NORTH CARouNA Governor Environmental Quality MICHAEL S. RECAN Secretary BRAXTON C. DAVIS Director February 2, 2021 Quible and Associates P.C. Warren Eadus weadus@quible.com Dear Mr. Eadus, This letter is in reference to the application submitted for the Oregon Inlet Fishing Center, for a Coastal Area Management Act Major Permit to undertake development activities to redevelop the fishing center and associated upland and water dependent facilities, in Dare 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. I I3A-122(c) which would make April 18, 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). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM WaRO and Elizabeth City North Carolina Department of Environmental Qualtly I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, February 2, 2021 8:52 AM To: 'weadus@quible.com' Subject: Oregon Inlet Fishing Center Extension Attachments: Oregon Inlet Fishing Center EXT.pdf Morning Warren, Please see above for the extension. Currently I am waiting on USACE of which I have sent a request to Josh today. Once those comments are in I should be able to make a final decision shortly thereafter. Regards, Gregg R E Q 6� aryamiarmm�.nuu,� /"� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BBB 28M ext 22S (Office) Grexg.Bodnar. ncdrnr.gov Email correspondence to and Dram this address is subJect to the North Carolina Public Records taw and may be disclosed to third parties. DCM Coordinator: Permit #: -1 J —Z ( c MAILING DISTRIBUTION SKEET ^(C 279elzi DCM Field Offices Elizabeth City wwoe G�(s Washington poi 14(v (with revised work plan drawing Morehead City Wilmington (OBJECTIONS US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) h Pelletier (Bertie, Cuirituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (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: IM 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 Clif Whitfield (WARO) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program /Rodney Butler LPO: �hna (.tee T (NCDOT) Travis Wilson DCM MP-1 APPLICATION for Major Development Permit (Is�t revbed 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant'Landowner Information Business Name Project Name (If applicable) Oregon Inlet Fishing Center, Lic Oregon Inlet Fishing Center Applicant 1: First Name MI Last Name Russell King Applicant 2: FirstName MI Last Name National Park Service If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 190 Maniac NC ZIP Country Phone No. FAX No. 27954 USA 252.441 - 6301 ext. - Street Address (d different from above) City State ZIP 8770 Oregon Inlet Road Nags Head NC 27959- Emall rking@oregon-iniet.com 2. Agent/Contractor Information Business Name Quible & Associates P.C. Agent/ Contractor 1: First Name MI Last Name Warren D Eadus Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 491 - 8147 ext. - - ext. FAX No. Contractor N Street Address (if different from above) City State ZIP 8466 Caratoke Highway Powells Point NC 27966 - Email weadusCquible.com <Form continues on back> RECEIVE® fFR 1 a 21121 252.808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net MP SECTION MHD Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Address State Rd. # Dare T8770'NCHWY 12 South Subdivision Name City State Zip n/a Nags Head NC 27959 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Roanoke Sound 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 Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes SNo work falls within. N/A 4. Site Description " a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) +/- 2,144 LF (lease area) +/- 201,377,880 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or Lease Area - 492,627 SF, NWL (normal waterlevel) (If many lot sizes, please attach additional page with a list) 3 ft ❑NHW or SNW L e. Vegetation on tract Maintained grasses, Eastern Red Cedars, Live Oaks, Wax Myrtles, Cattails, SawGrass, Saltmeadow cordgrass. f. Man-made features and uses now on tract 61 wet slip marina, marina store and offices, fish cleaning building, diesel and gas above ground storage tanks, automobile and marine retail petroleum sales, asphalt1concrete, boardwalks, bulkheads, riprap, and all associated infrastructure as shown on plan. g. Identify and describe the existing land uses adjacent to the proposed project site. Adjacent land'uses include the Coast Guard Station Oreegon Inlet, NIPS public boat ramp, NPS Campground, and the Cape Hatteras National Seashore. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? n/a (Federal Property) (Attach zoning compliance certificate, it applicable) ❑Yes ❑No SNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It Involve a []Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED ice® F F B 1 2 2021 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net MP SECTICOIN MHD Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (II) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (1) or (11) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite septic and drainfield with pump station that serves public resirooms (NPS) and RV pump out along with effluent currently generated from the marina operation. o. Describe existing drinking water supply source. Dare County Public Water Supply p. Descdbe existing storm water management or treatment systems. Existing inlets, pipes, swales and ditches as shown on the attached existing conditions plan. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to redevelop the fishing center with new buildings and infrastructure designed to be resilient to sea level rise and to improve overall public experience by making the site more pedestrian friendly, increasing services offered to the public and improving aesthetics. The current and proposed daily operations of the marina include providing fuel, merchandise and tackle sales, charter fishing, sightseeing tours and fish cleaning services. A restaurant will be added to the Marina under the proposed project, but a restaurant has operated at the facility in the past. c. Descdbe 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. Conventional construction equipment will be used for the proposed site improvements. Examples include: dumptrucks, front end loaders, excavators, barges, delivery vehicles and etc. d. List all development activities you propose. Development activities include construction of a transient fuel dock, 90 If by 10 ft, 730 If by 8 it wide boardwalk along the shoreline connecting to the existing boardwalk around the marina basin. Replacement and relocation of fuel dispensers for both vessels and automobiles. Demolition of existing buildings and construction of a replacement retail building, fish cleaning building, outdoor pavilion, and all associated and required infrastructure as shown an the attached plan. Dredging of the existing marina basin and associated entrance channel are proposed along with dredge within Motts Creek for the addition of the transient fuel dock. See project narrative and site plan for details. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 2.5 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing ditches, swales, and culverts as shown on the attached existing conditions plan. The project includes the construction of a stonnwater BMP in the location shown on the attached CAMA plan. A stonnwater approval for the new development will be sought for this project. 1. Will wastewater or stonnwater be discharged Into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA J. Is there any mitigation proposed? []Yes ❑NoRt ��dd ¢� ETVE fly If yes, attach a mitigation proposal. F E 8 1 8 2021 252.808-2808 :e 1-888-4RCOAST :: www.nccoastaimanagament.net M? SECTION Gad HD Form DCM MP-1 (Page 4 of 4) APPLICATION for <Form continues on baclo Major Development Permit 6.' Additionallntor/nation In addition to this completed application form, (MP-1).the following Hems below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare therequired 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 site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (dpadan) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. 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 Oceans East OBX LLC Phone No. Address 5785 Northampton Blvd No. 104 Vidgnia Beach, VA 23455 Name James P. Meyer Phone No. Address 162 Glasgow Trail Black Mountain, NC 28711 Name W.A. Worthl James C. Fletcher Phone No. ' Address PO Box 1 i1 Nags Head, NC 27959 ' g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. N/A h. Signed consultant or agent aulharization 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 or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on I understand that any permit issued in response to this application will allow only 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 ce ity th t the information provided in this application is truthful to the best of my knowledge. Date Print Name W EXt A Signature cp 60uri Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED Ytn® ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information F E B 1 8 2021 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagemennt. net TI® M n4try RecEind Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 6C1 27 Y,_( DMEC 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 Canal Boat Basin Boat Romp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 460 630 Width 95 160 vg. Existing .5 -6 NA NA epth final Project -8 -8 NA NA plh 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sands, sills and organic muds. Approx. 10,000 cu yds (Please note, the fairway of the boat basin does not require maintenance dredge and dredge volumes reflected in this application are derived from actual water depth surveys and volumes were calculated using AutoCad software.) (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (11) Describe the purpose of the excavation in these areas: Deepen channel leading to marina to address shoaling issues and perform maintenance dredging of the exisitng man made basin. d. High -ground excavation in cubic yards. n/a 12. DISPOSAL OF EXCAVATED MATERIAL [I This section not applicable a. Location of disposal area. On the OIFC property. C. (I) Do you claim title to disposal area? ®Yes []No ❑NA (if) If no, attach a letter granting permission from the owner. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (if) Describe the purpose of disposal in these areas: area. +/• 22,180 SF d. (I) WIII a disposal area be available for future maintenance? ®Yes []No ❑NA (if) If yes, where? Open grassed areas adjacent to marina basin. f. (1) Does the disposal include any area in the water? RECEIVED ❑Yes ®No ❑NA (Ii) It yes, how much water area is affected? 7 2020 LRCM-MHIS CITY Forth DCM MP-2 (Excavation avid Fill, Page 2 of 3) kecEivcd 0CI 2.7 ?�-A e. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (II) If yes, stale amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill _ Riprap Breakwater/Sill _ Other _ i. Source of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes []No []NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water _ number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV ❑SB _ (iv) Purpose of fill OWL []None (it) Describe the purpose of the fill in these areas: IS. GENERAL a. How will excavated or fill material be kept on site and erosion b. Whet type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? FIII material will be contained by silt fencing and all disturbed areas Barges, excavators, wows and sealed dumptrucks. will be stabilized to prevent erosion. C. (i) 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. (i) Will wetlands be crossed In transporting equipment to project site? ❑Yes ®No []NA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. (ECEIVED nGr n 7 2020 /4PAjZPv Project Name „iK;yi -MI 6.i CITY Date ���L(ea h NG� ( Ap p s nt flame I A!(r A lhlulr CL7v�, ✓✓CC F6rm DCM MP-2 (Excavation and Fill, Page 3 of 3) RecEivcd UCl 27 1C.( ACM -EC 252.808-21108 1 888-4RCOAST :: ww w.ncc Dastalm nnarye muit ni,f RECEIVED DEC 0 7 2020 TiCM-MHD CITY Receblad Form DCM MP-3 UPLAND DEVELOPMENT DMEC (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-i. 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 b. Number of lots or parcels. proposed. 1 All activities are proposed to occur on NPS propert and Retail buidling with resturant, one open air pavilion, one fish cleaninr'r{g buildingq boardwalk along ghoreline, So /¢ . F r .s.•d.,. aeq le i .i+.-1 L f �G eY rs std• %IK, R t .. ( st—0./ccs •sJe �� r I/ IV/1� i dw the Ad. nca�f h L•.-eSw al L'.. Cd 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. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (it) 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 built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 53.5% (77,562.5 S17 based on lease area Give the percentage of Ore entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 31.6% (155,881 S17 based on lease area j. Describe proposed method of sewage disposal. A now pump station and drainfield will be permitted and constructed adjacent to existing drainfield. 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). None proposed. �r µ O �oV%I•Pm.r� o.rt�!%lf'�w� iTv.rlaw sMc Y within a lease area. d. Size of area to be graded, filled, or disturbed Including roads, ditches, etc. Approx. 2.5 acres of area disturbed for demolition of existing buildings and infrastructure and associated new construction of buildings and associated infrastructure. I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt, concrete, and turfstone It. Projects that require a CAMA Major Development Permit may also require a Stonnwater Cerflficatton. (I) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (III If yes, list the date submitted: k. Have the facilities described In Item (1) received state or local approval? ❑Yes ONO ®NA If yes, attach appropriate documentation. RECEIVED m. Does the proposed project include an innovative stormwater design? ❑Yes ®No DNA DEC 0 7 2020 It yes, attach appropriate documentation. I L OCM-Ill CITY F 282-808.28082::1-8884RCOAST it www.necoastalmanarrement.net .ram,'., 2� b—rt.r. revised: 12126106 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed dnnldng water supply source (e.g., well, community, public system, etc.) Exalting water supply provided by Dare County o. When was the lot(s) platted and recorded? Unkown Date sir. S. P. MI ii ' p Projpec r: . sr r itts� Applicant Name , < ,. AppillcanMgnature n. (1) Will water be Impounded? ®Yes []No []NA (II) If yes, how many acres? +/- 0.5 acres p. If proposed development is a subdivislon, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA Receind OU - 6 _._i DCM-EC RECEIVED DEC 0 7 2020 DCM-MHD CITY 252-808-2808 :: 1.888.4RCOAST u w vv.neeoastalmanagement.net revlaod- 1212ti108 ReceNcd Form DCM Mill STRUCTURES o1.1 29 KH (Construction within Public Trust Areas) DC[A-EC 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. 0) Is the docking facility/marina: ®Commercial ®PublidGovemment ❑Private/Community []This section not applicable b. (i) Will the facility be open to the general public? ®Yes ONO c. (1) Dock(s) and/or piers) it. (I) Are Finger Piers Included? ®Yes []No (II) Number 1 If yes: (III) Length 8 ft (11) Number 5 (Iv) Width 8 It (Ili) Length 10 (v) floating []Yes ®No (Iv) Width 3111 (v) floating []Yes ®No e. (I) Are Platfomrs included? ®Yes [:]No 1. (I) Are Boadita included? ❑Yes ®No If yes: If yes: (II) Number 1 (if) Number (III) Length 901t (III) Length (Iv) Width 10 ft (iv) Width (v) Floating []Yes ®No Note: Roofed areas are calculated from ddpffne dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 6 ❑ Full service, including travel III and/or rall, repair or (II) Number of slips existing maintenance service 61 ® Dockage, fuel, and marine supplies ® Dockage ('wet slips") only, number of slips: 67 []Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of slang: ). Describe the typical boats to be served (a.g., open runabout, ❑ Lend cut and access channel charter boats, sail boats, mixed types). ®Open water; dredging for basin and/or channel Charter Fishing Vessels ❑Open water, no dredging required ❑Other; please describe: k. Typical boat length: 50-60 it I. (I) Will the facility be open to the general publil LIVED ®Yes No m. (1) Will the facility have tie pilings? ❑Yes ®No I DEC 0 i 2020 (II) If yes number of Is pilings? CM-MHD CITY 252-808.2808 :: 1.888.4111COA8T -- www.rK.coastainignggeTnetnt.net revised: '12/27106 Fokrn 0CM IMP-4 (Structures, Page 2 of ,I) Receili d w,l s 2. DOCKING FACILITY/MARINA OPERATIONS ❑This secthn not applicable nnu rn a. Check each of the following sanitary facilities that wlll be Included in the propose ® Office Toilets ® Tollets for patrons; Number. 3• Location: Marina Store ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. Exisiing onsite septic, drain field, and pump station. c. Describe the disposal of solid waste, fish offal and trash. Onsite dumpsters. Marina has an existing offal disposal procedure. d. How will overboard discharge of sewage from boats be controlled? No overboard discharge will be allowed. 9. (1) Give the location and number of "No Sewage Discharge" signs proposed. NIA if[) Give the locatlon and number of "Pumpout Available" signs proposed. WA f. Describe the special design, x applicable, for containing industrial type pollutants, such as paint• sandblassng waste and petroleum products. NIPS maintains an SPCC Plan that addresses the marina operation, as required. g. Where will residue from vessel maintenance be disposed at? No vessel maintenance is allowed. h. Give the number of channel markers and "No Wake" signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. Marina and road way fuel exists at the facility now. All new fuel infrastructure will replace existing lines and dispensers. Dispensers will be installed around the marina basin to improve boat congestion. A transient fuel dock will be added for public use as wall as convenience for the US Coast Guard and Wildlife Officers. Existing ASTs are located outside of the AEC and will remain In place. The proposed fuel infrastructure will replace existing infrastructure. All new piping and dispensers will be constructed to todays building and fire codes and include safety cutoffs, breakaways, sumps, secondary containment and interstitial monitoring. I. What will be the marina policy on overnight and live -aboard dockage? No live aboard or overnight allowed. k. Describe design measures that promote boat basin flushing? Existing marina basin, no new methods proposed. RECEIVED DEC 0 7 2020 0CM-MHD CITY 252-808-2808 it i-888-41RCOAST:: www.nccoagtatmaaaxtement.nmt revised: 12/27106 Foinri DCM MP-4 (Structures, Page 3 of 4) ReCEI'JCtI I. If this project is an expansion of an existing marina, what types of services are currently provided? Yes. The existing marina provides wet slips, fuel, charter services, fish cleaning and retail sales of merchandise . 01,1 27 M m. Is the marina/docking facility proposed within a primary or secondary nursery areal D CM -EC ❑Yes ®No n. Is the madraidocking facility proposed within or adjacent to any shellfish harvesting area? []Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (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 p. Is the proposed marinaldocking facility located within or within close proximity to any shelfish leases? ❑Yes ®No It yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 9. BOATHOUSE (including covered lifts) ®This section not applicable a. (p Is the boathouse sbucture(s): ❑Commerclal ❑PublldGovernment ❑Private/Community (II) Number (III) Length IN) Width Note: Roofed areas are calculated from ddp/ine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (II) Length (III) Width & BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6 MOORING PILINGS and BUOYS ®This section not applicable a. Is the stmcture(s): ❑Commercial ❑Public/Govamment ❑Pdvate/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, Inscription, size, anchor, etc.) RECEIVED i020 y:M-MHD CITY 252.808-2808 :: 1-a88.4RCOAST :: www_nccoasta)manaaemant.ngt revised: 12/27100 FoYm dfCM MP-4 (Structures, Page 4 of 4) e. Arc of the swing _ 7. GENERAL a. Proximity of struclure(s) to adjacent riparian property lines The project area is approximatley 8 miles from the northern adjacent property line, and approximatley 14 miles from the southern adjacent proeprty line. Note: For buoy or mooring piling, use arc of swing Including length of vessel. c. Width of water body Molts Creek +/- 220 feet e. (1) Nil navigational aids be required as a result of the project? ❑Yes ®No ❑NA (H) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. +/- 20011 d. Water depth at wateiward end of structure at NLW or NWL 5 If (NWL) 8. OTHER ®This section not applicable a. Cdve complete description: Project N[I Nil r 1, r a %1:1! jd:. Ai1plicant Dnature 252-808.2808 ii 1.888-4RCOA8T n www.necoastalmonastement.net. Rcceivcd UL1 2 7 7C:C i acre-Fc RECEIVED DEC 0 7 2020 DCM-MHD CITY revised: 12127106 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Oregon Inlet Fishing Center, LLC & National Park Service PROJECT NAME: Oregon Inlet Fishing Center LOCATION OF PROJECT: 8770 Oregon Inlet Road, Nags Head DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-19-20 FIELD RECOMMENDATION: Attached: No COUNTY: Dare RECEIVED To Be Forwarded: Yes DEC 0 7 2020 DCM-MHD CITY FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: `�irrr.. C�«.�ps�_ZjCJ Date /2-/1//---Z� B) DATE RECEIVED BY MAJOR PE ITS UNIT: FEE REC'D:.4YpS 1,y4d _$✓ APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-9-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 2-2-21 EMAIL OUT DATE: 12-7-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 12-29-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 12-28-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM - LUP Consistency Determination liS In i Local Permit Officer Corps of Engineers - Regulatory Branch (DWR-401Section lZiii OW-190 DWR - Public Water Supply 2 7 20 DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office LL�y� p Wildlife Resources Commission rfa rr +iofyi DMF- Shellfish Section t1'(Uj10 X DMF - Habitat & Enhancement 7 [ry 7o Y torGjotllN Z'� LI DNCR - Archives & History i( DNCR - Natural Heritage Program NCDOT li5 NC Dept of Commerce i0 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: THROUGH DATE: SUBJECT: NORTH CAROLINA Envira menta/Quality MEMORANDUM Gregg Bodnar, Assistant Major Permits. Coordinator Division of Coastal Management, Morehead City Yvonne Carver, Field Representative ybc Kelly Spivey, District Manager, Washington Office RKS 01/06/21 Recommendations for Major Permit Application submitted on behalf of: Oregon Inlet Fishing Center, LLC; National Park Service The applicant(s) propose to redevelop an existing marina, located at 8770 Oregon Inlet Road in Nags Head, Dare County. The project includes the demolition of the fuel attendance building, as well as the existing building that houses the marina store, office, and fishing cleaning facility. Maintenance dredging of the boat basin and Motts Creek is proposed. New construction is proposed that includes a transient fuel dock/platform, boardwalk, wooden walkway, fishing center building, fish cleaning building, an open-air events pavilion, five finger piers (increasing the number of wet slips from 61 to 67), an on -site waste water treatment and disposal system, and in -slip fueling in six locations throughout the marina. The development proposed will involve the Estuarine Waters (EW), Public Trust Areas (PTA) Estuarine Shoreline (ES) and Public Trust Shoreline (PTS) AECs. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project, and my findings are as follows: 15A NCAC 07H .11206 ESTUARINE WATERS & 15A NCAC 07H .0207 PUBLIC TRUST AREAS Suitable land/water uses shall be those consistent with the management objectives in these Rules. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. RECEIVED D_EQ� JAN 1 1 2021 MAING1WAMA Lgaumv unYamimWOuW 1 �[p �p p{l North Carolina Department of Environmental Quality I Division of Coastal Manag�N SECTION COY H D Elizabeth Gty Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2522643901 In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposal for redevelopment of an existing marina meets the intent of these rules. 15A NCAC 07H .0208 USE STANDARDS (b) Specific Use Standards (1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this Subchapter. Navigation channels, canals and boat basins shall also comply with the following standards: (C) Dredged material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10); (D) Widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation; (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland; (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters; (1) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human -made channel was constructed before permitting was necessary, there shall be evidence that the channel was continuously used for a specific purpose; (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel. Consistent: Dredge spoil from maintenance excavation will be placed in an upland area outside of the Estuarine Shoreline AEC. Proposed excavation will have a final project depth of -8' and will not be deeper than connecting water depth. The project site is not within a PNA, and no rooted SAVs were observed. The proposed redevelopment meets the intent of this rule. . . . RECEIVED JAN 1 1 2021 MP SECTION MHD (5) Marinas. Marinas are defined as any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate more than 10 boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haulout facilities and repair service. Excluded from this definition are boat ramp facilities allowing access only, temporary docking and none of the preceding services. Expansion of existing facilities shall comply with the standards of this Subparagraph for all development other than maintenance and repair necessary to maintain previous service levels. Marinas shall comply with the following standards: (A) Marinas shall be sited in non -wetland areas or in deep waters (areas not requiring dredging) and shall not disturb shellfish resources, submerged aquatic vegetation as defined by the MFC, or wetland habitats, except for dredging necessary for access to high ground sites. The following four alternatives for siting marinas are listed in order of preference for the least damaging alterative; marina projects shall be designed to have the highest of these four priorities that is deemed feasible by the permit letting agency: (1) an upland basin site requiring no alteration of wetland or estuarine habitat and providing flushing by tidal or wind generated water circulation or basin design characteristics; (ii) an upland basin site requiring dredging for access when the necessary dredging and operation of the marina will not result in significant adverse impacts to existing fishery, shellfish, or wetland resources and the basin design shall provide flushing by tidal or wind generated water circulation; (iii) an open water site located outside a primary nursery area which utilizes piers or docks rather than channels or canals to reach deeper water; and (iv) an open water marina requiring excavation of no intertidal habitat, and no dredging greater than the depth of the connecting channel. (B) Marinas which require dredging shall not be located in primary nursery areas nor in areas which require dredging through primary nursery areas for access. Maintenance dredging in primary nursery areas for existing marinas shall comply with the standards set out in Part (b)(1)(1) of this Rule. (C) To minimize coverage of public trust areas by docks and moored vessels, dry storage marinas shall be used where feasible. (D) Marinas to be developed in waters subject to public trust rights (other than those created by dredging upland basins or canals) for the purpose of providing docking for residential developments shall be allowed no more than 27 square feet of public trust areas for every one linear foot of shoreline adjacent to these public trust areas for construction of docks and mooring facilities. The 27 square feet allocation does not apply to fairway areas between parallel piers or any portion of the pier used only for access from land to the docking spaces. (E) To protect water quality in shellfishing areas, marinas shall not be located within areas where shellfish harvesting for human consumption is a significant existing use or adjacent to such areas if shellfish harvest closure is anticipated to result from the location of the marina. In compliance with 33 U.S. Code Section 101(a)(2) of the Clean Water Act and North Carolina Water Quality Standards adopted pursuant to that section, shellfish harvesting is a significant existing use if it can be established that shellfish have been regularly harvested' for human consumption since November 28, 1975 or that shellfish are propagating and surviving in a biologically suitable habitat and are available and suitable for harvesting for the purpose of human consumption. The Division of Coastal Management shall consult with the Division of Marine Fisheries regarding the significance of shellfish harvest as an existing use and the magnitude of the quantities of shellfish that have been harvested or are available for harvest in the area where harvest will be affected by the development. (F) Marinas shall not be located without written consent from the leaseholders or owners of submerged lands that have been leased from the state or deeded by the state. (G) Marina basins shall be designed to promote flushing through the following design criteria: (1) the basin and channel depths shall gradually increase toward open water and shall never be deeper than the waters to which they connect; and (ii) when possible, an opening shall be provided at opposite ends of the basin to establish flow through circulation. (H) Marinas shall be designed so that the capability of the waters to be used for navigation or for other public trust rights in estuarine or public trust waters are not jeopardized while allowing the applicant access to deep waters. (1) Marinas shall be located and constructed so as to avoid adverse impacts on navigation throughout all federally maintained channels and their boundaries as designated by the US Army Corps of Engineers. This includes mooring sites (permanent or tem�p,14r7)�s e- cirr jra reductions; or any other device, either physical or regulatory, that may cause a fe er; main aine JAN 1 1 2021 3 MP SECTION MHD channel to be restricted. (J) Open water marinas shall not be enclosed within breakwaters that preclude circulation sufficient to maintain water quality. (K) Marinas which require dredging shall provide areas in accordance with Part (b)(1)(B) of this Rule to accommodate disposal needs for future maintenance dredging, including the ability to remove the dredged material from the marina site. (L) Marina design shall comply with all applicable EMC requirements for management of stormwater runoff. Stormwater management systems shall not be located within the 30-foot buffer area outlined in 15A NCAC 07H .0209(d). (M) Marinas shall post a notice prohibiting the discharge. of any waste from boat toilets and listing the availability of local pump out services. (N) Boat maintenance areas shall be designed so that all scraping, sandblasting, and painting will be done over dry land with collection and containment devices that prevent entry of waste materials into adjacent waters. (0) All marinas shall comply with all applicable standards for docks and piers, shoreline stabilization, dredging and dredged material disposal of this Rule. (P) All applications for marinas shall be reviewed by the Division of Coastal Management to determine their potential impact to coastal resources and compliance with applicable standards of this Rule. Such review shall also consider the cumulative impacts of marina development in accordance with G.S. 113A-20(a)(10). (Q) Replacement of existing marinas to maintain previous service levels shall be allowed provided that the development complies with the standards for marina. development within this Section. (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas. (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Potentially Inconsistent: Oregon Inlet Fishing Center, LLC (OIFC) currently holds a lease with the US Dept. of Interior, National Park Service to manage the marina through December 31, 2038. The proposed redevelopment, including the transient fuel dock/platforms and 5 new finger piers, meets the intent of this rule. The new 726'x8' boardwalk will traverse both landward and waterward of NWL. A portion of the boardwalk appears to be projected to cross over a fringe of Coastal Wetlands. This portion of boardwalk should be shifted slightly to the northeast such that no more than 6' of the walkway will be over coastal wetlands. 15A NCAC 07H .0209 COASTAL SHORELINES (ES and PTS) (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. Development shall comply with the following standards: 1) All development projects, proposals, and designs shall preserve natural barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. 2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can demonstrKE I f innovative design, that the protection provided by the design would be equal to or exceed the pro ecion by JAN 1 1 2021 4 MP SECTION MHD the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation shall be permitted if impervious areas are not increased and the applicant designs the project to comply with the rule to the maximum extent feasible. 3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development; (B) No development project proposal or design shall propose an angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other erosion control devices or structures; (C) All development projects, proposals, and designs that involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; unless the,project involves clearing land for the purpose of forming a reservoir later to be inundated. 4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. 5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. 6) No public facility shall be permitted if such a facility is likely to require public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use. 7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Natural and Cultural Resources. 8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the use of the accessways. 9) Within the AECs for shorelines contiguous to waters classified as ORW by the EMC, no CAMA permit shall be approved for any project that would be inconsistent with rules adopted by the CRC, EMC or MFC for estuarine waters, public trust areas, or coastal wetlands. For development activities not covered by specific use standards, no permit shall be issued if the activity would, based on site -specific information, degrade the water quality or outstanding resource values. 10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with certain exceptions noted. The following conditions would be applicable to the redevelopment proposal: (A) Water -dependent uses as described in Rule 07H .0206(a)(1) of this Section; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; and (H) Development over existing impervious surfaces, provided that the existing impervious surface is not increased. Consistent: Portions of the re -development proposed within the 75' AEC is attributed to existing impervious surface: new parking spaces proposed at the north end of the basin; section of concrete sidewalk in the 30' buffer that will go around the pavilion and connect to the western end of the boardwalk, sidewalk associated with new fishing center building. Based on the consultant's AutoCAD program, there will be 8,000± sf less impervious coverage within the lease area. The reconfiguration of the existing asphalt parking areas will result in a reduction of pavement by 7,305 sf and an addition of 18,702 sf of turfstone. There is also a'created' wetlandslstormwater area planned at the northern entrance of the OIFC. The proposed redevelopment meets the intent of this rule. RECEVE® JAN 1 1 2021 POP SECTION MIM Based on my review of the applicable subsections of the NC Administrative Code, the permit application, and plans submitted by Quible & Associates for OIFC, I recommend a Major Permit be issued to the applicant based on their current proposal, and subject to the standard permit conditions, including the requirement that any portion of platforms/boardwalk that are constructed over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. fRECE ED JAN 1 1 2021 IYIP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director December 7, 2020 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Couder04-16-33) areaa.bodnar0 ncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Gregg Bodnar at the address above by December28, 2020. If you have any questions regarding the proposed project,'oontact Yvonne Carver (252-264-3901, e)d. 237) 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. 7 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 w t . nrt AGENCY tAG.)RL SIGNATURE DATE I -II anLl f t'I JAN 1 2 2021 North Carolina Department of Environmental Quality I Division of Coastal Management ' I Ellzabeth City Office 1401 South CrifOn Street Suite 3001 Elizabeth City, North Carolina 27909 252.2643901 e North Carolina Wildlife Resources Commission <z-I Cameron Ingrain, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality rJ�FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: January 11, 2.021 JAN 1 2 2021 MP SECTION NIHD SUBJECT: CAMA Dredge/Fill Permit Application for Oregon Inlet Fishing Center, LLC, National Park Service, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 8770 Oregon Inlet Road adjacent to Motts Creek and the Roanoke Sound near Nags Head, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (41 StaL 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to redevelop the existing Oregon Inlet Fishing Center (OIFC). The six -acre site will continue to be used as a fishing center but will rehabilitate and expand services. Major components of the proposal include demolition of existing structures and rebuild to improve facilities (including a parking increase to 293 vehicular spaces and slip increase to 67), construction of a 90' by 10' transient fuel dock outside the basin and within Motts Creek, installation of a new on -site waste water treatment and disposal system to handle all on -site waste, improvement of stormwater treatment to handle a 1.5" rainfall event for new BUA, maintenance dredge of the marina boat basin and Motts Creek to -8' MLLW in the areas of the access channel from the public boat ramp and proposed fuel dock to tie into the federal Walter Slough Channel at the USCG station, and on -site placement of spoil material until sediment analysis can occur for final placement. A seeping meeting was conducted on July 21, 2020 with state and federal agencies. The property is leased from the National Park Service (NPS) and will revert back to the agency after the lease expires. Molts Creek is classified SC and the Roanoke Sound and Oregon Inlet are classified SA HQW by the Environmental Management Commission. The waters near the OIFC are closed to shellfish harvesting. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 Page 2 The NCWRC reviewed the development proposal for the scoping meeting as well as the current application. Several concerns and recommendations presented during the scoping meeting have been incorporated into the project design. However, we request the following be considered and incorporated into the design or as permit conditions: • The final water depths for the project are stated to be -8' MLLW. The permitted water depths for the Walter Slough channel, which this project ties into, are -7' MLW with a 2' overdredge. At no time should the OIFC project exceed permitted connecting depths of Walter Slough in either design or final project dimensions. The OIFC depths should be consistent with the federal project to minimize impacts to water quality and aquatic resources. • In -water dredging should adhere to the same moratorium as the adjacent federal channel. NCWRC requested a February 15 —September 30 moratorium to minFmizt impacts to anadromous fish such as striped bass (Moron saxatilis) that utilize the Oregon Inlet area. In addition, this moratorium will also provide protection for the federally listed Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). • A Marina Plan should be designed for the site that includes the basin as well as the transient fueling area. This plan would address emergency action toward spills, location of spill and safety equipment, presence of a dockmaster, docking rules, and other contact information. It is recommended spill equipment is maintained on site in the case of fuel spills from the fuel dispenser or other vessel incidents. • The OIFC is leased from the NPS. NPS property provides habitat opportunities for numerous wildlife species, some of which receive state and federal protection. To reduce predation by species such as raccoons and coyotes on shorebird nests and other wildlife species, we request predator trash cans be used at O1FC and that any fish cleaning stations be maintained to remove forage and scavenge opportunities for predators. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn(alnewildlife.org RECEIVED JAN 1 2 Ul Quible 9uible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 February 2, 2021 Ms. Maria Dunn, Coastal Coordinator NCWRC Habitat Conservation Division 943 Washington Square Mall Washington, NC 27889 Re: CAMA Dredge/Fill Permit Application for Oregon Inlet Fishing Center, LLC National Park Service, Dare County, North Carolina Ms. Dunn: P.O. Drawer 870 My Hawk NC 27949 Krone: 252-491-8147 Fm:252-491-8146 web: queues In response to your January 11, 2021 correspondence, and on behalf of the Oregon Inlet Fishing Center, LLC (OIFC) we wanted to acknowledge and address NCWRC concerns and recommendations by providing the following responses and additional information. For convenience, I have reproduced the text from the January 11, 2021 NCWRC correspondence: "The final water depths for the project are stated to be -8' MLLW. The permitted water depth for the Walter Slough channel, which this project ties into, are -7 MLW with a 2' over dredge. At no time should the OIFC project exceed permitted connecting depths of Walter Slough in either design or final project dimensions. The OIFC depths should be consistent with the federal project to minimize impacts to water quality and aquatic resources." o Response: Acknowledged and understood. Ali proposed dredge activities will not exceed connecting water depths of the Walter Slough project. `in -water dredging should adhere to the same moratorium as the adjacent federal channel. NCWRC requested a February 15-September 30 moratorium to minimize impacts to anadromous fish such as striped bass (Moron saxatilis) that utilize the Oregon Inlet area. In addition, this moratorium will also provide protection for the federally listed Atlantic sturgeon (Acipenser oxydnchus oxyrinchus). o Response: Acknowledged and understood. OIFC will adhere to the dredge moratorium as required. • "A Marina Plan should be designed for the site that includes the basin as well as the transient fueling area. This plan would address emergency action toward spills, location of spill and safety equipment, presence of a dockmaster, docking rules, and other contact information. It is recommended spill equipment is maintained on site in the case of fuel spills from the fuel dispenser or other vessel incidents." o Response: RECEIVED The Oregon Inlet Fishing Center has been in operation since the 1950's. The NPS maintains a SPCC Plan for the entire Park and within that SPCC plan the marina at OIFC is considered and specifically included. During this F E B 2 2021 MP SECTION MHD redevelopment process the NPS has engaged with a third: party contractor who will be tasked with updating the SPCC to reflect the proposed changes. In addition to the SPCC Plan, the O/FC has an Operation and Maintenance Plan and Storm Preparedness Plan that is specific to the OIFC marina and these plans were included in the lease and have to be followed by the lessee. The OIFC is leased from the NPS. NPS property provides habitat opportunities for numerous wildlife species, some of which receive state and federal protection. To reduce predation by species such as racoons and coyotes on shorebird nests and other wildlife species, we request predator trash cans be used at OIFC and that any fish cleaning stations be maintained to remove forage and scavenge opportunities for predators. o Response: There are not any fish cleaning stations at the facility. All fish that are caught on one of the charters are brought into the fish cleaning house and cleaned by OIFC staff. All fish offal and scraps are delivered to the Dare County Landfill daily. No fish scraps or offal are disposed of in the dumpsters or the trash cans around the marina. All trash cans and dumpsters maintained by the OIFC marina are strictly for regular trash items. Each of the trash cans are enclosed in wooden structures (and will be replaced in kind) with secure lids and the dumpsters are metal with standard top lids. The fishing center has a full-time staff that empties the trash cans twice daily and dumpsters are emptied four times weekly. The OIFC is amenable to adding an aftermarket bar closure or other closure mechanism on the lids of the dumpsters to prevent attracting predators and rodents etc. We appreciate the concerns raised by the NC WRC and trust that the provided answers and discussion about marina operations helps to alleviate concerns raised in the January 11, 2021 correspondence. Copies of the referenced plans are maintained by the NPS and the OIFCas required and are available for review if required. Please do not hesitate to contact me at 252.491.8147 if you have any questions, comments or require any additional information related to this request. Sincerely, Quible & Associates, P.C. Uarre . Eadus, P.G. President cc Russ King, OIFC RECEIVED Sarah Blizzard -Merrill, NPS Gregg Bodnar, DCM Chris Pullinger, NC DWR F E B 2 2021 MP SECTION MHD Bodnar, Gregg From: Warren Eadus <eadus@quible.com> Sent: Tuesday, February 2, 2021 9:06 AM To: Bodnar, Gregg Subject: [External] RE: Oregon Inlet Fishing Center Extension CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning. Thanks for the update. I prepared a letter response to NC WRC (owner is reviewing) and will be sending that over to Maria and copying you and DWR. The long and short of it is, there are not any fish cleaning areas that are open to the public and all fish scraps and waste are handled by the staff and trucked to the Dare County Landfill daily during fishing season(s). All trash cans are maintained and emptied on a daily schedule by OIFC staff and don't include fish or etc. The marina does have an SPCC that is being updated by the NPS (through a third party provider) along with an Operation and Maintenance Plan specifically for the marina and the charter captains. I hope that will alleviate some of NCWRCs concerns. Thanks, Warren D. Eadus, P.G. President Quible & Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 m 252.202.8166 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, February 2, 20218:52 AM To: Warren Eadus <eadus@quible.com> Subject: Oregon Inlet Fishing Center Extension Morning Warren, Please see above for the extension. Currently I am waiting on USACE of which I have sent a request to Josh today. Once those comments are in I should be able to make a final decision shortly thereafter. Regards, Gregg m.;. DEQ uwm�na am:r\ r Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 SM 28M ext 215 (Office) Greg&Bodnarencdenr.gv Email correspondence to and from this address is subject to the North Carolina Publk Records Law and may be dhdosed to third partles. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, January 15, 2021 8:49 AM To: Warren Eadus Subject: Oregon Inlet Fishing Center comments Attachments: CMDF_Oregon Inlet Fishing Center_NCWRCA.pdf Morning Warren, I wanted to pass along comments from WRC. The dredging comments concerning a moratorium and connecting waters are typical, but I wanted to touch base about the Marina Plan and the request for predator trash cans and maintenance of cleaning stations to minimize predation of shorebirds from predator species. DWR has typically requested Marina Plans in the past so if any discussions result from this point we might want to bring in Chris as well. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental quality 252 U8 2V$ ext 225 (office) Gre n r ncdear. v EmaU correspondence to andham clefs address is subject to the North Carolina Public Records low and may be dsdosed to third Portfes. ROY COOPER Governor MICHAEL 8. PEGAN Secretory BRAXTON C. DAVIS, Director December 7, 2020 MEMORANDUM: NORTH CAROLINA EnvlroamentalQuality 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) oreee.bodnarno.ncdenr.00v SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center 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 28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 Clif Whitfield AGENCY _Public Water Supply Section SIGNATURE �� / piiQi� RECEIVED DATE _December7,2020 DEC 7 2020 D�9V MP SECTION MHD . imm.Amwun, North Carolina Department of Environmental Quality 1 Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City. North Carolina 27909 2522643901 ROY COOPER r rmu MICI IACI. S. RCCIAN 5etwhiry BRAXTON C. DAVIS Oita tm" December 7, 2020 MEMORANDUM: NO3n • ca ROI I N- LnWronmentafQrm!Ny FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, INC 28557 Fax: 252-247-3330 (Courier04-16-33) areaa.bodnar0nodenraov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Sodnarat the address above by December 28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-depth commends 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 NC Commerce SIGNATURE —� P DATE 12-8-20 RECEIVED DEC 8 2020 MP SECTION MH® tiaa.^.Cu'a.i!::�pa Lr n::dt:.�.rnttp: c•�Y R�:.IMa yn:r•�n �.: !'c•;icc!.Y..�.^.�<i^a4 nt I. .J.v1h C,n,011trry Itm tIrm, sit it Wit FJwx;c:-n..ly C:'•thl unLnd [+«t?I Bodnar, Gregg From: Harrison, James A Sent: Wednesday, February 24, 2021 2:29 PM To: Bodnar, Gregg Cc: Dunn, Maria T. Subject: Oregon Inlet Fishing Center Good afternoon Gregg, Maria got in touch with me to let me know that she discussed the moratorium with you for OIFC in Dare Co. I wanted to touch base with you and let you know that I think that the requested moratorium (15 February through 30 September) is warranted, considering that the dredging for this project ties into Walter Slough. Let me know if you need me to provide you with an updated comment sheet and memo, or if this email is sufficient. Thanks Gregg! Jimmy ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director December 7, 2020 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bod nar(fD ncden r. gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center 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 28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 James Harrison RECEIVE® AGENCY NCDMF //// SIGNATURE Qadxo-g 9YOiLL.Qe/L DEC 1 7 2020 DATE 16 December 2020 11P SECTION 6MHD North Carolina Department of Environmental Quality I DlvlsionofCoastalManagement Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2522643901 Carver, Yvonne From: Scarbraugh, Anthony Sent: Wednesday, March 25, 2020 11:29 AM To: Warren Eadus; Dunn, Carl; Dumpor, Samir, Jones, Jerry R; Dunn, Maria T.; Pullinger, Robert C; Carver, Yvonne; Renaldi, Ronald; Spivey, Kelly, Bodnar, Gregg; Harrison, James A; Deaton, Anne; Gledhill-earley, Renee; Josh.R.Pelletier@usace.army.mil; raleigh.w.bland@usace.army.mil; billy.w.standridge@usace.army.mil; Twyla.Cheatwood@noaa.gov; kathryn matthews@fws.gov;joshc@darenc.com; McClenney, Holden W; Strauss, Ruth; Edgerton, Thom; Tankard, Robert; May, David Cc: rking@oregon-inlet.com; Blizzard Merrill, Sarah M; Henry, Sabrina S; Hardison, Lyn; Troy Murphy Subject: RE: [External] Oregon Inlet Fishing Center Mr. Eadus, Based on the review of the provided information, the Division of Water Resources (DWR) has the following comments as points of consideration prior to the implementation of the subject project: 1. Any expansion of slippage and facilities outside of the existing facility footprint may not result in further expansion of shellfish water closure. Coordination with Shellfish Sanitation and Division of Energy, Mining, and Land Resources is recommended. 2. Coordination with the US Army Corps of Engineers and Division of Coastal Management field staff prior to the implementation of the project to determine the extent of wetland and waters on the site within their respective jurisdiction is recommended. 3. DWR recommends coordination with DEMLR on requirements of NCG190000 the proposed Marina improvements. 4. Any fish and seafood packing and rinsing onsite will require coordination with DWR to ensure that the requirements for proper treatment and disposal are met via either by collection and disposal via onsite wastewater system or submittal of documentation to DWR to obtain either a NCG530000 or possible an individual permit (whatever is applicable). 5. If applicable, any onsite boat washing and/or maintenance taking place or planned, the applicant will need to provide plans for the project that outline what permitted waste water disposal options will be utilized for boat wash wastewater management to complies with permitting requirements of 15A NCAC 02T .1003(a)(3). In addition, a more detailed Operation and Maintenance plans for the proposed facility will need to specifically address how all overspray water generated during wash down will be contained (via curtains to enclose the boats or within a building). Also, the plan will need to provide specific details regarding the removal of excess residual of the wash down pad to ensure storm water discharge does not become a waste water discharge. If you have any questions, please feel free to contact me. Regards, Anthony Scarbraugh DECEIVED DEC 0 7 2020 OCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director December 7, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality 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) aregg.bodnar(Wricdenrgov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center 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 28, 2020. If you have any questions regarding the proposed project, Contact Yvonne Carver (252-264-3901, ext. 237) 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_W Lf t� AGENCY orta� PAA4k_T,j SIGNATURE f CwVg, (r>`. DATE N-0 V A,rkJ.JA I3, VelZV e RECEIVE® DEC 2 3 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Governor MICHAELS.REGAN seQamy BRAXTON C. DAVIS DIMdor December7, 2020 MEMORANDUM: NORTH CAROLINA Ey vfronmentdQuuf(ry FROM: Gregg Bodnar, Assistant Major Permits Coordinator. NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier0*16-33) grega.bodnar0nodenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon'Inlet Fishing Center, LLC;,National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon lnlet Fishing Center Please indicate below your agency's position or viewpoint on *the proposed project and return this form -to Gregor Bodnar at the address above by December28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-2644901, ext.,237) 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 c amr8gnts. PRINT NAME Gfn it r I t r. dawanJ AGENCY t�+c a OCR SIGNATURF�,%` DATE D Q� DEC 3 1 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 30D I EOrebeth City. North Carolina 27909 252.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Qualify TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan OwenICP, NE District Planner Division of Coa tal Management SUBJECT: Major Permit Request by Oregon Inlet Fishing Center, LLC and the National Park Service to demolish existing structures within an 11.31 acre leased area; dredge a 180 foot wide by 630 foot long area of a boat basin to a final depth of -8 feet and a 95 foot wide by 460 foot long access channel to a depth of -8 feet, tying in to the dredging of Water Slough channel; install shoreline improvements to include a 90 foot by 10 foot transient fuel dock/platform along Motts Creek, 67 boat slips with six (6) in -slip fueling locations and five (5) 3 foot by 10 foot finger piers within the boat basin, and an 8 foot wide by 726 foot long boardwalk with benches, and; install site improvements to include a 5,500 sq. ft. fishing center with retail, restaurant and associated decking, a 3,400 sq. ft. open air pavilion, a 1,880 sq. ft. fish cleaning building, a fuel canopy and pumps, an air filling station, dumpster pads, an on -site wastewater treatment and disposal system, asphalt drive aisles, paved and pervious parking totaling 293 spaces, stormwater control measures to include .59 acre of created wetland/stormwater area, and wooden walkways and concrete sidewalks; at 8770 Oregon Inlet Road, within the Cape Hatteras National Seashore, in Dare County. DATE: December 30, 2020 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The project area consists of 11.31 acres leased by Oregon Inlet Fishing Center, LLC that are located within the Cape Hatteras National Seashore, which is operated by the US Department of Interior, National Park Service. The Cape Hatteras National Seashore extends north into the Town of Nags Head's Extra -Territorial Jurisdiction (ETJ), however the leased area is located approximately 3.4 miles south of the ETJ (as depicted in the Town's CAMA Land Use Plan) and is therefore considered to be under the jurisdiction of unincorporated Dare County. The leased area includes approximately 675 linear feet of shoreline along Motts Creek and approximately 1,469 linear feet of shoreline along a boat basin that connects to the creek. The RECEIVED DEC 3 1 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 ' . '2522643901 P SECTION iAD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 7 leased area has an elevation of approximately 3 feet above Normal Water Level (NWL). Vegetation includes some trees, shrubs, grass and wetland plants. The leased area is located within the AE (5) Floodzone. The Oregon Inlet Marina, a 61-slip marina/fishing center, is located on the leased area. Existing site improvements include a marina store and office building which was built in the 1960's, a fish cleaning building, an exhibit building, three (3) above ground fuel storage tanks, a fuel station booth, asphalt and concrete parking totaling 197 spaces, driveways, sidewalks, and an on -site wastewater disposal system. Stormwater management consists of swales and ditches. The existing buildings are in poor condition. Existing shoreline improvements consist of a boat basin with access channel and concrete and wooden bulkhead, riprap, finger piers, pilings, boardwalk, and fuel pumps. Water depths in the boat basin range from -2 feet to -20 feet MLLW, with an average existing depth of -6 feet. Water depths in the access channel ranged from -1 to -8 feet below NLLW, with an average existing depth of -5 feet. Oregon Inlet Fishing Center, LLC is required to complete site improvements as a condition of its lease to manage the Oregon Inlet Marina. South of the leased area, along Motts Creek, is a paved parking area and RV pump out station. Aerial photographs indicate that the paved area provides access to a ground kayak launch. This location is accessed directly through the leased area, with no other visible points of access. Demolition of existing structures within the leased area; dredging of a 180 foot wide by 630 foot long area of boat basin to a final depth of -8 feet and a 95 foot wide by 460 foot long access channel to a depth of -8 feet, tying in to the dredging of Water Slough channel; installation of shoreline improvements to include a 90 foot by 10 foot transient fuel dock/platform along Motts Creek, 67 boat slips with six (6) in -slip fueling locations and five (5) 3 foot by 10 foot finger piers within the boat basin, and an 8 foot wide by 726 foot long boardwalk with benches, and; installation of site improvements to include a 5,500 sq. ft. fishing center with retail, restaurant and associated decking, a 3,400 sq. ft. open air pavilion, a 1,880 sq. ft. fish cleaning building, a fuel canopy and pumps, an air filling station, dumpster pads, an on -site wastewater treatment and disposal system, asphalt drive aisles, paved and pervious parking totaling 293 spaces, stormwater control measures to include .59 acre of created wetland/stormwater area, and wooden walkways and concrete sidewalks are proposed. Dredge spoil material will be stored within a .5 acre on -site containment area located at least 75 feet from the shoreline. Use of the dried spoil material will be determined based on laboratory analysis of soil samples. The waters of Motts Creek are classified as SC and Coastal Waters and are closed to shellfishing. No Submerged Aquatic Vegetation (SAV) was observed at the site. A review of historic and archaeological resources was not provided. Anticioated Impacts resulting from this project are expected to include: the dredging of 3.61 acres of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the filling of 2,850 sq. ft. of Estuarine Shoreline AEC and 1.49 acre of High Ground outside of an AEC; the —disturbance of .59 acre of High GroRGGEeeWiMC-, and; the shading of 2,940 sq. ft. of DEU 3 ; > .-0 DEC 3 1 2020 t`Jivs, 6ia.L a" �) '� udoi2-dD MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 7 Public Trust Area/Estuarine Waters AEC, .15 acre of Estuarine Shoreline AEC, and 623 sq. ft. of High Ground outside of an AEC. It is anticipated that the public will be unable to access the adjacent kayak launch and RV pump out station during demolition and construction. Basis for Determination: As indicated on Page 217, the "Conservation" land "classification applies to all CAMA AECs and all federal lands except for the bombing ranges on the Mainland..." As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." "Development by federal agencies is exempt from local zoning regulations. However, Dare County encourages federal agencies to consider impacts on adjoining lands and Dare County's communities... Authorized development should include provisions and conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas authorized for development." The following LUP policies may be applicable to this request: Public Access: Policy PA #1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Policy PA #4, Page 142. "...In addition, impacts on Dare County's local economy are important elements that should be a factor in any decision -making process of the National Park Service..." Land Use Compatibility: Policy LUC #2, Page 149. "Public sector and private sector development activities should recognize Dare County's coastal heritage and incorporate traits reflective of our heritage in building design and other site features and improvements." OEC 3 1 2020 mp North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 7 Policy LUC #7, Page 155. "Commercial businesses, regardless of size, should individualize their sites and building designs to reflect Dare County's coastal heritage. Adaptations of corporate or franchise designs to reflect our coastal character are encouraged. This is particularly applicable to the food service industry." Industrial Development Policy LUC #9, Page 156. "... Boat building, commercial fishing, and construction are recognized as traditional occupations and employment sectors in Dare County that are consistent with our coastal heritage." Archaeological/Historic Resources Policy LUC #15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Infrastructure Carrvina Capacity: Policy ICC #3, Page 161. "Centralized wastewater treatment and collection systems, for both on - site and off -site service, are considered appropriate methods for wastewater treatment in addition to the use of individualized on -site wastewater systems and traditional septic tank/drainfield systems..." f-. DEC 3 1 2020 RIP SECTION FAHI) North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 7 Natural Hazards: Estuarine Systems Policy NH #2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Policy NH #3, Page 180. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Flood Hazards Policy NH #5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." DEC 3 1 2020 1'jp ECTIM IVID North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 6 of 7 Water Quality: Water Quality Policy WQ #2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." Stormwater Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features...." Wetlands Policy WQ #10, Page 192. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for, addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Fisheries Resources Policy WQ #11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." i ', M ,l DEC 3 1 2020 PAP SECTMN Mai® North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 7 of 7 Marinas and Floating Structures Policy WQ #15, Page 195. "Marinas developed according to applicable State and federal guidelines are identified as appropriate uses in Dare County due to the large amount of water resources within our jurisdiction..." Local Areas of Concern: Federal/State Support Policy LAC #5, Page 200. "Dare County encourages federal and state regulatory agencies to consider impacts from activities occurring on their lands on the surrounding privately -owned land and communities. Although Dare County acknowledges that federal and state properties are exempt from local zoning and other land use ordinances, federal and state agencies should coordinate their efforts with local officials whenever practicable." Tourism Policy LAC #7, Page 201. "The quality of life of Dare County residents should be carefully balanced with the tourist -based economy of the Outer Banks. Maintaining a good quality of life for our permanent population and ensuring a safe and enjoyable vacation experience should be a goal of all local, state, and federal agencies responsible for the promotion of tourism in Dare County and North Carolina." Channel Maintenance -Oregon Inlet Policy LAC #10, Page 202. "Dare County advocates the dredging and other associated maintenance activities of all existing navigable channels, canals, boat basins, marinas and waterways. Such activities are of vital importance to our local residents, fisherman, and tourist economy." RECEIVED DEC 3 1 2020 UP SECTION MHD ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director December 7, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality 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) arego.bodnaraC)ncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center 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 28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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" PRINT N/ AGENCY 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. Christa Sanderford NCOMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE Sar��act for Shannon Jenkins DATE 12/16/2020 DEC 2 1 2020 MP SECTION M HD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 Received: 1/12/2021 Historic Preservation Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director December 7, 2020 NORTH CAROLINA EnWronmenta/Quaffty ER 20-0115 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) g regg.bodnar(cDncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center Due: 1/19/2021 NC -NCH 1/19/2021 NC-KBH 1/22/2021 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 28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 RECEIVED AGENCY Historic Preservation Office r�ECEIVED SIGNATURE DATE 1/25/2021 JAN 2 5 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2SZ264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director December 7. 2020 NORTH CAROLINA En4ranmental Quality 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) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center 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 28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: XThis agency has no objection to the project as proposed. "Additional comments may be attached" DWR Project #2020-1911 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 Tina Martin AGENCY Division of Water Resources SIGNATURE l Vr- i DATE January 25, 2021 20z 5 z NVr North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 qW Regulatory Division SAW-2021-00035 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED APR 1 3 2021 MP SECTION MHD Please reference the application of Mr. Russell King and the Oregon Inlet Fishing Center, LLC for Department of the Army authorization and a State Water Quality Certification to construct a 90ft by 10 It transient fuel dock, , 726ft by 8ft wide boardwalk along the shoreline connecting to the existing boardwalk around the marina basin, replacement and relocation of fuel dispensers, demolition of existing buildings, construction of a replacement retail building, fish cleaning building, outdoor pavilion, and all associated infrastructures as well as maintenance dredging of the existing marina basin and associated entrance channel within Motts Creek, in Nags Head, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 1W 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlandsloutside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 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 pennit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout wat p� considered significant. R r E ED APR 1 3 2021 W 11. 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. 12. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency Sincerely, Josh Pelletier Regulatory Project Manager RECEIVED APR ' 3 2021 MP SECTION M110 =A 61 Forsyth Street, SW Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management i .:Ai APR 1 3 2021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Oregon Inlet Fishing Center, LLC; National Park Service 2. LOCATION OF PROJECT SITE: 8770 NC 12 Hwy (listed as 8770 Oregon Inlet Rd on county tax records), Nags Head, Dare County; adjacent boat basin, Motts Creek, and Roanoke Sound, which connects to the Atlantic Ocean. Latitude: 35°47'48.49"N Longitude: 75°32'50.50"W 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 07/22/20; 10/16/20 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 11/19/20 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — N/A Land Classification From LUP — N/A (B) AEC(s) Involved: EW, PTA, ES, PTS (C) Water Dependent: YES (D) Intended Use: Commercial, Public/Government (E) Wastewater Treatment: Existing — Onsite septic Planned - Pump station and drain field (F) Type of Structures: Existing — Marina w/store and offices, fish cleaning building, above ground storage tanks (diesel & gas), boardwalks, bulkheads, riprap Planned - Transition fuel dock, finger piers, wet slips, boardwalk, walkway, replacement fuel dispensers, in -slip fueling, replacement retail/fish cleaning buildings, pavilion, additional parking (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) EW/PTA 157,100 sf N/A 2,940 sf (Shading) (B) ES/PTS 2,580 sf 6,532 sf impervious (Shading) (C) High ground 22,180 spoil site 25,876 sf 42,712 sf stormwater permeable/impervious 1 623 Sf (Shading) (D) Total Area Disturbed: (E) Primary Nursery Area (F) Water Classification: 260,543 sf (6 acres) No SA; HWQ; SC RECEIVED Open: Closed to shellfishiinDEF O 7 2020 iOCM-MHD CITY OIFC Field Investigation Report Page 2 8. PROJCT SUMMARY: Oregon Inlet Fishing Center, LLC, and the National Park Service propose to redevelop the existing marina, located at 8770 Oregon Inlet Road in Nags Head, Dare County, to include but not limited to, maintenance dredging, a transient fuel dock outside of the marina basin, increase slips, finger piers and parking, new buildings, and a pavilion. Project Setting The redevelopment of the Oregon Inlet Fishing Center (OIFC) is proposed at 8770 NC 12 Hwy in Nags, Dare County. The marina is located just north of the Marc Basnight Oregon Inlet Bridge. The existing boat basin and marina is adjacent Motts Creek and the Roanoke Sound, which connects to the Atlantic Ocean. The main marina building was constructed in the early 1960s, and it is noted that the existing buildings are in poor condition. Existing structures include a 61 slip marina with finger piers/pilings, a marina store and office building, fish cleaning building, exhibit building, fuel station booth, three 10,000-gallon above ground storage fuel tanks, auto and marine retail petroleum sales, asphalt/concrete parking, sidewalks and driveways, boardwalks, bulkheading and riprap. There is an on -site wastewater/disposal system that currently serves the OIFC and the National Park Service (NPS) public restrooms. There is also an RV pump out station. The current stormwater management consists of existing swales and ditches. The leased area totals 492,627 square feet (sf), has 2,144 linear feet (If) of shoreline, and has an elevation of approximately 3' above normal water level (NWL). The entire tract of the NPS totals 201,377,880 sf (4,623 acres), and encompasses the Whalebone Junction in Nags Head, Duck Impoundments on NC 12, the OIFC, and the US Coast Guard Station. The application notes that the vegetation on the tract includes eastern red cedars, live oaks, wax myrtles, cattails, sawgrass, and Saltmeadow cordgrass. In the project area near the public boat ramp and along the southwest shoreline, vegetation includes indigenous grasses, Smooth cordgrass (Spartina alterniflora), Black needlerush (Juncus roemerianus), Saltmeadow cordgrass (Spartina patens), and Atlantic White Cedar (Chamaecypans thyoides). Vegetation noted just north of the above ground storage tanks (AST) outside of the lease area (in what appears to be a wet swale) includes Sawgrass (Cladium jamaicence), American bulrush (Scirpus amencanus), Cattails (Typha sp.), Atlantic white cedar, Longleaf pine (Pinus palustris), Wax myrtles (Myrica cerifera), Saltmeadow cordgrass, and Goldenrods (Solidago). The marina basin has concrete and wooden bulkheading, and the shoreline to the southwest has a riprap revetment for erosion control. There was no notable erosion escarpment onsite. Adjacent land uses consist of the US Coast Guard Station, NPS campground, and Cape Hatteras National Seashore. The riparian property to the north is a commercial sound -front fishing retail business on the Nags Head causeway. The riparian property to the south is a single-family residence in Rodanthe. RECEIVED DEC 0 7 2020 OCM-MHD CITY OIFC Field Investigation Report Page 3 The Division does not have a record of previous permitting on this tract. According to Dare County tax records, the property use is listed as Federal Government, and the parcel status as Exempt. A Virtual Scoping Meeting was held on July 21, 2020, to discuss the OIFC proposal. Although a Division of Water Resources representative was not present at that time, Anthony Scarbraugh, formerly an Environmental Specialist for DWR, submitted comments to Warren Eadus of Quible and Associates on March 25, 2020, prior to Scarbraugh's acceptance of a position with the US Army Corps of Engineers (USACE), and are included with the Narrative. Representatives of Quible & Associates conducted a submerged aquatic vegetation (SAV) survey in the areas of the proposed fuel dock and dredge area(s) on April 28, 2020 in response to a request by the NC Division of Marine Fisheries. The bottom type in Motts Creek was loose sand and silt, with loose discarded oyster shells. A portion of the riprap along the shoreline of Motts Creek was noted to be scattered to depths of -1 to -2 feet below NWL. No rooted SAV or rhizomes were observed in the project area, and the findings of the study indicated that the area reviewed did not support SAV nor SAV habitat. The adjacent waterbodies are those within a man-made boat basin, Motts Creek, and the Roanoke Sound, which connects to the Atlantic Ocean via the Oregon Inlet. The water depths in the boat basin ranged from -2' to -10' MLLW, with an average existing depth of -6'. The water depths in the access channel ranged from -1 to -8' MLLW, with an average existing depth of 5'. Water classifications for the adjacent waterbodies are as follows: Roanoke Sound and Oregon Inlet --commercial shellfishing (SA), High Quality Waters (HWQ); Motts Creek --secondary recreation (SC). These areas are classified as Coastal Waters. All those waters near the Oregon Inlet Fishing Center are closed for Shellfish Harvesting. The project site is not within a Primary Nursery Area. Development Proposal The applicant currently holds a lease with the US Department of Interior, National Park Service (NPS), to manage the Oregon Inlet Marina. The Lease Term is for a period that began on December 31, 2018, with an expiration of December 31, 2038, provided that the Lessee completes Initial Improvements as documented in said Lease. The applicant proposes to redevelop the marina, replacing the existing structures with those that meet current building codes for flood levels and adapt to sea level rise and storm surges, and upgrade infrastructure to meet demands of visitors to the Outer Banks. The project is anticipated to occur over a two to three-year time period, and includes the following development: ➢ Existing structures will be demolished. ➢ Formal parking infrastructure will be increased to accommodate up to 293 vehicles, as well as improve vehicular and pedestrian traffic. The reconfiguration of the existing asphalt parking areas will result in a reduction of pavement by 7,305 sf and an addition of 18,702 sf of turfstone. '41ECEIVED ➢ Construct a 90'x10' (900 so transient fuel dock/platform along the southwest shoreline that has a riprap revetment in place (outside of the marina basin) wi®i 2020 8'x8' (64 sf) platform that will connect to a proposed boardwalk. ncm-Mile CITY CIFC Field Investigation Report Page 4 ➢ The new boardwalk, approximately 726' long x 8' wide (5,808 sf) with 4 benches, will be constructed along the shoreline to the NIPS public boat ramp, and will also connect to the existing boardwalk on the west side of the basin. The boardwalk as proposed will traverse both landward and waterward of NWL. ➢ A new wooden 80'x8' (640 sf) walkway will be constructed to connect to the proposed boardwalk and existing concrete sidewalk. )o Construct a new fishing center building, with approximately 5,500± sf of first -floor heated area and associated decking. This building is proposed with a FFE=11'. It is noted that this structure is partially within the 75' AEC. ➢ Existing marine fuel slips will be replaced with boat slips, increasing the number of wet slips from 61 to 67. ➢ Add 5, 10'x3' finger piers for the new slips. ➢ Replace the existing fish cleaning building with an 1,880± sf building, which will be located on high ground (outside of the 75' AEC). ➢ Construct a 3,400± sf open-air events pavilion (partially in the 75' AEC and partially outside of the AEC). o Staff notes that the portion of concrete sidewalk proposed in the 30' buffer positioned around the pavilion and connecting to the western end of the proposed boardwalk is attributed to existing impervious surface in the form of a concrete dumpster pad that will be demolished. ➢ Install a new on -site waste water treatment and disposal system proficient to treating all waste resulting from the new retail center and restaurant, outside of the 75' AEC. ➢ Improve stormwater management through formal Stormwater Control Measures capable of holding a 1.5-inch rainfall event for the new built upon area (BUA). ➢ Create in -slip fueling in 6 locations throughout the marina, and replace aged infrastructure. ➢ Maintenance dredging of the marina boat basin and Motts Creek in the areas of the access channel from the adjacent public boat ramp and the proposed transient fuel dock. Mechanical dredging is proposed, with an excavator on barge. This maintenance dredge project is proposed to tie into another dredge proposal for the Walter Slough channel at the adjacent US Coast Guard Station. o The dredging area proposed in the access channel is 460' long x 95' wide, with an average existing depth of -5' and a final project depth of -8'. Total sf is approximately 43,700 sf, resulting in 4,855 cubic yards (cy) of material to be excavated below NWL. o The dredging area proposed in the boat basin is 630' long x 180' wide, with an average existing depth of -6' and final project depth of -8'. Total sf is approximately 113,400 sf, resulting in 8,400 cy of material to be excavated below NWL. • Based on dimensions provided, a total of 13,255 cy would be removed; however, the total calculation using Auto Cad software comes to 10,000 cy. ■ Dredging to a depth of -8' will comprise of 157,117 sf of water bottom impacts. o All spoil material excavated will be stored at an onsite containment area totaling 22,180 sf on the northeast side of the leased area, located ouMVED the 75' AEC. Use of the spoils once they have dried has not yet been determined, as the results from a laboratory analysis of the sediment arx�Rle�2020 collected is pending. tl U ACM-MHD CITY OIFC Field Investigation Report Page 5 Anticipated Impacts Estuarine Waters/Public Trust AEC = 160,040± sf. • A total of 964 sf of shading will result from the transient fuel dock/platform and the connecting platform. • A total of 1,826± sf of shading will result from the portion of boardwalk that extends waterward of NWL. • A total of 150 sf shading will result from 5 new, 10'x3' finger piers for additional slips. • A total of 157,100 sf of Shallow Bottom will be impacted from the maintenance dredging of the access channel and boat basin. o An estimated total of 13,255 cy of material is proposed to be excavated. Estuarine/Public Trust Shoreline AEC = 9,112± sf. • 4,622± sf of shading will result from the construction of new boardwalk and walkway that is landward of NWL. • Impervious coverage of 270± sf will result from a portion of proposed asphalt in association with a dumpster pad located behind the fish cleaning building. • Impervious coverage of 635± sf will result from a portion of the pavilion and sidewalk. • 1,910± sf of shading will result from decking associated with the fishing center building. • 1,675± of impervious coverage will result from portion of fishing center building. • The following re -development will be within the 75' AEC and is attributed to existing impervious surface: new parking spaces proposed at the north end of the basin; portion of proposed concrete sidewalk in the 30' buffer that will go around the pavilion and connect to the western end of the proposed boardwalk, sidewalk associated with new fishing center building. In addition to demolition of existing structures, development proposed outside of the CAMA AEC includes: • 1,880 sf fish cleaning building with 623± sf of decking and 742± sf of asphalt/dumpster pad. • 2,765± sf for a portion of the pavilion and sidewalk. • Fuel canopy and pumps with new asphalt, 4800± sf. • Fishing center building, with approximately 3,825± sf of first -floor heated area. • 22,180 sf dredge spoil containment area. • On -site waste water treatment with a 3,010-gallon septic tank for treating all waste resulting from the new retail center/restaurant; 1,000-gallon grease tank; 3,530- gallon pump tank; 3" sanitary force main. . 200 sf screened dumpster pad. • 15,000± sf of new (85) parking spaces with proposed permeable pavement with 8" concrete ribbon. • 13,500± sf (24' wide) asphalt drive aisle. • 19 parking spaces on the east, west and north side of the fishing center building in area of existing asphalt. • 25,876 sf of a Created Wetlands/Stormwater Area. RECEIVED Submitted by: Yvonne Carver Date: December 3, 2020 DEC 0 7 2020 0CM-MH D CITY Received Oregon Inlet Fishing Center 06 1 2 7 l--t October 22, 2020 Project Narrative PROJECT NARRATIVE DMEC Oregon Inlet Marina (also known as Oregon Inlet Fishing Center) is owned by the federal government and managed under a lease between the National Park Service (NPS) and Oregon Inlet Fishing Center, LLC (OIFC) (see attached Relevant portion of USGS Quadrangle Oregon Inlet with the Site Identified). The area shown in red on the attached CAMA Plan is the "Lease Area" and all development activities for the proposed project will occur within the Lease Area. The existing marina buildings are in very poor condition, well past their useful life, and would be extremely difficult, if not impossible, to rehabilitate to modern NPS standards, including sustainable construction in a coastal area. The NPS and OIFC propose to redevelop the marina and replace the existing structures with sustainable structures adapted to sea level rise and storm surge and conduct other site improvements to modernize premises and to support the replacement buildings. The replacement buildings and upgraded infrastructure would improve visitor experience, formalize existing informal parking to meet visitor demand, and provide for improved and safer marine traffic flow with a marine fuel dock outside of the marina basin. The transient fuel dock would also offer additional fuel service for NC Wildlife Marine Patrol and the USCG. Currently the Site consists of a main retail building (6,577 sq. ft.), marina (- 1,580 linear ft with existing concrete and wood bulkhead with 61 existing wet slips), maintained landscape area (- 1 acre), four storage buildings (496 sq. ft.), an exhibit building (168 sq. ft.), asphalt parking area (- 197 spaces), automobile fuel station booth (128 sq. ft.), a portion of a waste water system, and a fuel system consisting, of three 10,000 gallon ConVault above ground storage fuel tanks and associated and existing dispensers serving both boats and motorists. The proposed project will occur over a two to three-year period and includes the following activities (see attached Proposed Conceptual Plan): • Demolish existing structures. • Increase formal parking infrastructure to accommodate up to 293 automobiles as well as enhance vehicular and pedestrian circulation between adjacent uses (NPS Boat Ramp, RV pump out). • Construct 90 LF BY 10 ft transient fuel dock outside of marina basin. • Construct a new Oregon Inlet Fishing Center Building (+/- 5,500 sf first floor heated area and 9,165 sf with decks and roof dripline). • Replace existing marine fuel slips with boat slips to increase from 61 to 67 wet slips. • Addition of 5 new 10 LF by 3 ft finger piers to accommodate new slips. • Construct a new fish cleaning building (+/-1,880 sf). • Construct a removable open-air events pavilion (+/-3,400 sf). • Construct new on -site wastewater treatment and disposal to accommodate replacement buildings. • Enhance stormwater management by construction formal Stormwater Control Measures (SCMs). • Replace existing fuel slips with in -slip fueling in six locations throughout the marina (as indicated on attached CAMA Plan), replace aged infrastructure. • Dredge the existing basin and access channel from the adjacent boat ramp. This is proposed to tie into a proposed dredge project for the Walter Slough channel at the neighboring Coast Guard Station. DECEIVED DEC 0 7 2020 0CINI-ItI HD CITY Oregon Inlet Fishing Center October 22, 2020 Project Narrative • Dredging would include 157,117 sf of bottom impacts to a depth of -8.0 it (MLLW). All material excavated will be stored in onsite spoil containment areas (shown on attached CAMA Major Plan) and then re -used onsite or disposed of at an approved offsite disposal area as appropriate. SAV Survev On April 2811, Quible conducted an SAV Survey along the area of the proposed fuel dock and dredge area. Winds were very light (+/- 2-5 mph) out of the SE. The survey occurred during a rising tide (high tide at Oregon Inlet was 11:51 am survey conducted at 10-11 am) resulting in water levels that were estimated to be about 8-12 inches above normal water levels (MHW). Water Level is based on visible biological (algae, barnacles etc.) and physical markers (water marks) evident on pilings, rip rap etc. The bottom type in Molts Creek is loose sand and silt with some loose discarded oyster shell scattered near the shoreline. Sparse live oysters are attached to the riprap along the shoreline near the substrate. The entire shoreline of Motts Creek is stabilized with riprap, and some of the smaller riprap is scattered to depths of -1.0 to -2.0 feet below NWL. No rooted SAV or rhizomes were observed within the project area. A copy of the SAV survey report is included as Attachment A. DREDGING Open water mechanical dredging (excavator on barge) is proposed within the existing marina basin and channel entrance (this is maintenance dredging), and at the site of the proposed transient fuel dock. The dredging would tie into the proposed Walter Slough dredging for the US Coast Guard (USCG) Station Oregon Inlet which is adjacent to the marina. A US Army Corps of Engineers (USACE) survey of the area has been provided by the USCG and is attached as Attachment B. On September 15, 2020, a bathymetric survey of the marina basin and Motts Creek was conducted. Water depths relative to NAVD 88 are represented on the attached CAMA Plan. Dredging is proposed to a depth of -8.0 it (MLLW). Sediment samples were collected from the basin and areas proposed to be dredged for the transient fuel dock and submitted to a certified laboratory for analysis of TCLP Volatile Organics, Semi -volatile Organics, Pesticides, Herbicides, metals and grain size. The ultimate fate of dredged materials will be determined once the physical and chemical properties of the sediments are known. STORMWATER The proposed project is the redevelopment of the marina buildings and parking areas which will result in reconfiguration of existing asphalt parking areas (reduce asphalt paved areas by 7,305 sf) and addition of 18,702 sf of Turfstone. If required, a state stormwater permit will be sought for this project prior to any of the site work. Stormwater Control Measures (SCM) capable of holding the 1.5-inch rainfall event for new built upon area are proposed in the location as shown on the attached CAMA Plan. However, all new built upon area will be permeable pavers as indicated on the attached CAMA Plan. Received RECEIVED Ut.1 2 7 2"-( DEC 0 7 2020 ®CPri-EC DCM-MHD CITY Oregon Inlet Fishing Center October 22, 2020 Project Narrative WASTEWATER The facility and adjoining NPS public restrooms are currently served by a shared and existing on -site wastewater treatment and disposal system. The proposed work includes construction of a new wastewater treatment and disposal system capable of treating all waste derived from the new retail center and restaurant (estimated at +/- 1,600 gpd). The existing wastewater treatment and disposal facility will remain intact to continue treating and disposing of the wastewater flow from the NPS bathrooms and new fish cleaning station. Appropriate permits would be obtained from the Dare County Health Department prior to any construction of proposed wastewater facilities. SOIL EROSION AND SEDIMENTATION CONTROL Appropriate soil erosion and sedimentation control measures will be specified and installed to ensure that there is not any sedimentation of the adjacent marina, waters of Motts Creek and any wetlands to the north and west of the lease area. A NC DEQ DEMLR Soil Erosion and Sedimentation Control Permit will be sought for the proposed project. DWR 401 Certification A scoping meeting was held on 07/21/20 and this project was discussed. DWR was not present for this meeting. It was confirmed during the virtual meeting that Chris Pullinger would be taking over the duties of Anthony Scarbraugh, as Anthony had accepted a position with the USACE. Attached are comments dated 03/25/20 from Anthony Scarbraugh (formerly with DWR). Though DWR was not present at this scoping meeting, correspondence with DWR was made in months prior and comments provided by Mr. Scarbraugh were addressed. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Receilicci of i 2 7 1:_1 DCr4_EC RECEIVED DEC 0 7 2020 Dcm-wr) CITY GIF17ArAN 9aW zom EAS r Oax LLC PIN 0"M610225 ROAfA'�KE scram a. a G, PA"'LlW 2r: W Reccivcd DO 2n IT'( DCIA-EC 511E An AA4TG 6K A' N NIP H A HORN E3TA1E , M'E5 G H-EMMI R P/N 01250k;; I61 PROJECT COPYRIGHT ® 2020 VIM=l�1p NC License/: C-11206 P18070 OUIBLE k ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY OF uible SPACE 1959 OREGON INLET MlING CENTER QUIBLE 8 ASSOCIATES, P.C. ANY DRAWN BY ALTERATION OF THIS DOCUMENT IS PROHIBITED. e & P.C. JTM/OTM IF THIS DOCUMENT IS NOT SIGNED AND MID ORBOON DVLBT ROAD Associates, SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL SE ENGINEERING-- - CONSULTING s PLANNING ENVIRONMENTAL SCIENCES - SURVEYING -- CHECKED BY NAGS HEAD TOWNSHIP DARE COUNTY CONSIDERED PRELIMINARY, NOT A NORTH CAROLINA --END./SUP. NOT OFFERED AT BLACK MIN. OFFN:P- W0E CERTIFIED DOCUMENT AND SMALL NOT BE USED FOR CONSTRUCTION, 8466 Carulak, Hwy, Powers Poln1, HC 27066 Phone: (252) 691-8147 Fax: (252) 491-e146 0 15,000 30.OD0 DATE RECORDATION, SALES OR LAND 90 Church S1.. St.. B, Block Mounlaln, NC 26711 CONVEYANCES, UNLESS OTHERWISEia� Phone: (828) 793 E91-6146 Fax:le 10 20 20 / / NOTED. GRAPHIC SCALE IN FEET 1--15.000- N 1 8 com) -\ ■ Eel i e\;Leii -, I I S i 11 \ Name of Property Owner Requesting Permit: National Park Service/ Oregon Inlet Fishing Center. LLC is Agent/Lessee Mailing Address: PO Box 190 NC 27954 Phone Number: 608.449.0850 Email Address: rkingCD.orgeon-inlet.com I certify that I have authorized Warren Eadus, Quible & Associates, P.C. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Oregon Inlet Fishing Center. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Title Date) This certification is valid through 12/31/2021 kelceind K I - 8 ...J bcm-,Ec RECEIVED DEC 0 7 2020 DCM-MHD CITY 9/29P North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name RecEind Oregon Inlet Fishing Center, LLC Of.l - Prev Legal Name Oregon Inlet Marinas, LLC DCMEC Prev Legal Name Outer Banks Enterprises, LLC Information Sosld: 1762958 Status: Current -Active O Date Formed: 10/19/2018 Citizenship: Domestic Annual Report Due Date: April 15th Registered Agent: Hobbs, Robert B, Jr Addresses Reg Office 2502 S. Croatan Highway Nags Head, INC 27959 Company Officials Reg Mailing 2502 S. Croatan Highway Nags Head, NC 27959 Principal Office 8770 Oregon Inlet Rd Nags Head, NC 27959 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member Russell C King PO Box 190 Manteo NC 27954 Mailing PO Box 190 Manteo, NC 27954 RECEIVED DEC 0 7 2020 https:/Avww.sosnc.gov/online—services/search/Business Registratlon_Results r)r,m-11 HD CITYr' ROY COOPER NORTH CAROLINA GovernorEnrtronmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Theresa Schneider The Coastland Times Manteo, NC 27954 Ie2als0thecoastlandtimes.com FROM: Ella Godfrey DATE: December 4, 2020 SUBJECT: Public Notice: Oregon Inlet Fishing Center, LLC Please publish the attached Notice in the Wednesday, December 9, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIC, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File Q RECEIVED Not Carolina Department of Environmental Quality 1 Division of Coastal Management DEC 0 • 2020 Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City. North Carolina 27909 252.264.39oi DCM- MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 11/19/20. Oregon Inlet Fishing Center, LLC and the National Park Service plan to redevelop the existing marina to include but not limited to, maintenance dredging, a transient fuel dock outside of the marina basin, increase slips, finger piers and parking, new buildings and a pavilion located at 8770 Oregon Inlet Road in Nags Head, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 12/29/20, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, December 9, 2020 North Carolina Departmentof Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth Clty.North Carolina 27909 252.264.3401 RECEIVED IIEC 0 7 2020 a_t�rih-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Seererary BRAXTON C. DAVIS Dlrecroz Oregon Inlet Fishing Center, LLC c/o Russell King P.O. Box 190 Manteo, NC 27954 Dear Mr. King: NORTH CAROLINA Environmental Quality December 4, 2020 The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval for redevelopment of the Oregon Inlet Fishing Center located at 8770 Oregon Inlet Road in Nags Head, Dare County. It was received complete on November 19, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 2, 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. If this agency does not render a permit decision within 70 days from November 19, 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 properly owner, developer, and project designer/consultant. NCGS I I3A-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your tf § RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 DEC 0 7 2020 252.264.3901 DCM-MHD CITY Oregon Inlet Fishing Center, LLC c/o Russell King December 4, 2020 Page 2 of 2 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. 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 the field representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, KelMG�w--� �ICS pivey District Manager, Northern District NC Division of Coastal Management KS/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, DCM, Elizabeth City, NC Warren Eadus, Quible & Associates P.C., Kitty Hawk, NC Sarah B. Merrill, National Park Service, 1401 National Park Drive, Manteo, NC RECEIVED 11EC 0 7 2020 > )CM-IMHD CITY LLIN(-)T1(01f1?0j CAMA PERMIT APPLIED FOR PROJECT: Redevelop the existing marina to include but not limited to maintenance dredging, a transient fuel dock, increase slips, finger piers, buildings and a pavilion COMMENTS 4rCEPTED THROUGH and parking, new December 29, 2020 APPLICANT FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW Oregon Inlet Fishing Center, LLC National Park Service -1 Yvonne Carver c/o Russell King 401 S. Griffin Street, Suite 300 P.O. Box 190 Elizabeth City, NC 27909 Manteo, NC 27954 252-264-3901, ext. 237 252-441-6301 v ti e ■ Complete Items 1, 2, and 3. a Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallploce, or on the front ff apace_ permits. 1. Article Addsseed to:..- W'A LAW)), S 7W v C F�,`)P Afk �ok ) ) ) nsA�s uF�� n-C a��sq 9590 9402 4940 9063 8604 96 2. ArIkN Nlmtber pFenW6am wrla lebep. _ 7019 0160 0000 7951 8262 P8 Form 3 , Jdly 20 6 PSN 7 ■ CWOM Rift 1. 2, tad 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallplece, or on the front R space permits, 1. Article Addassed to: - - - U'b�"M�ks P ) LO 040,'�U6w —)-PrO)L QLt9e� ,�ilavnrnolAl /lam 9590 9402 4940 9063 8616 22 X 0 ApRtt Evyl�yi 13 Atlds a B.' WvW by Ffinted Nana)_ J Q DWI offDDd D. YdaWay ackim 9Meant from hem1 MYES. enter dalt my eddnma below: ❑ NO ❑ .d .'We ❑Pdmey Mee n• DmS WWMdW LL��MMutl tRyrfure MWbted DelNmy yr Gdekd McRO ❑ Rapbtrsd MNRrlhldetl uenerY D C te,d MMI Rablped Derrcmy D Reean R"" fm ❑ Ca1bG on DWN y Mmdw n Coeecl an Debt' Rastrkted DOQ en 0 Sytnatwe Conftrmeeon^ ❑roamed ma ❑ slpnvlve Cinema. Woumd MOA Rseldded DeMmy Rarbkeed Da M Domeado ReturnRecelpt t o Apaa D. Is dOvery address ufflan t ham Jere 17 ' 0 Yei If YES, enter dOMery address below: ❑ No El Pr" MM ENxe�O sbd Dawxy 0 Ra�epM D fdeXW Reablctad Wed DOmy ❑Ream Raedpt fa r rAmdurtlee 2. Ankle Number f/lensfa /iorrr eervke /shell .- ❑ Coed an oewmy ReiMded Dairva,y ❑ Slenelua CmmmumnM 7020 0090 0001 4227 5850 3kmmaed�RamrldedDee. °R°..bdoo`�mmy"°n - _ lover LSom PS Form 3811, July 2015 PSN 7530-02-MO-DW Domestic Return Recelpt 1!! 41a 'Lola RECEIVED DEC q 7 2020 DCM-MHD CITY Quible Quible & Associates, P.C. ENGI*ERNG • rN PONKNNL SCIENCES • PIAtNJNG • SUNFYNG 9NCE 1W October 2, 2020 Oceans East OBX, LLC 5785 Northampton Blvd. No. 104 Virginia Beach, VA 23445 RE: CAMA Major Permitting Oregon Inlet Fishing Center Nags Head, Dare County, NC Sir/Madam, P.O. Dr w 570 IOIIY HOA NC 27M Rh :252,X1-0147 rot: 25249 4 46 .0b: Q.Ab19.0 CERTIFIED MAIL: RETURN RECEIPT REQUESTED As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed project includes the demolition of the existing fishing center buildings, construction of a new marina building and restaurant, new fish cleaning building, open air pavilion, additional parking, and new fuel service facility. Water dependent features include a new transient fuel dock, boardwalk along the western shoreline, five new finger piers within the basin, and dredging of the existing basin and adjacent channel. Should you have no objection to this project, please check no objection on the included form, sign, date, and mail back to Quible & Associates P.C. Should you have an objection and additional comments to this proposal, please send your written comments to the CAMA Field Representative, Yvonne Carver, 401 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and dale below and return one copy of this letter to: Warren Eadus, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Rassociates, P.C. aadus, P.G. President 1 have no objection to the shoreline stabilization as proposed I do have an objection to the to the proposed work nature Da RECEIVED DEC 0 7 2020 DCM-MHD CITY USPS Tracking® FAQs > Track Another Package + Tracking Number: 70190160000079518220 Remove x The delivery status of your item has not been updated as of October 6, 2020, 1:10 am. We apologize that it may arrive later than expected. Alert October 6, 2020 at 1:10 am M CL Awaiting Delivery Scan 9 0 Get Updates u Text & Email Updates u Tracking History n October 6, 2020, 1:10 am Awaiting Delivery Scan The delivery status of your item has not been updated as of October 6, 2020, 1:10 am. We apologize that it may arrive later than expected. October 5, 2020, 7:10 am Out for Delivery VIRGINIA BEACH, VA 23455 October 4, 2020, 10:32 am Arrived at Hub VIRGINIA BEACH, VA 23455 RECEIVED OR 0 7 2020 0CM-IMHID CITY Carver, Yvonne From: Troy Murphy <tmurphy@quible.com> Sent: Tuesday, November 10, 20204:26 PM To: Carver. Yvonne Subject: RE: [External] RE: OIFC CAMA Major PDFs and resubmittai Attachments: ADl Green Card Scans 111020.pdi External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to reporLpam@nc1;ov_ Good Afternoon Yvonne, I have attached a PDF of the scanned Green Cards, as well as one returned signed letter of no objection. The Letter received back was from Oceans East. We did not ever receive back a green card from them, but they mailed us back their signed letter of no objection. Also included in the PDF is the tracking details from USPS for the Oceans East delivery. It shows that it was out for delivery, but never scanned. I am not sure what happened there. Feel free to call me if you have any questions about this. Thanks! Troy Troy Murphy Environmental Scientist Quible & Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point, NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252-491-8147 f 252-491-8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Carver, Yvonne <yvonne.carver@ncdenr.gov> Sent: Friday, November 6, 2020 2:50 PM To: Troy Murphy <tmurphy@quible.com> Subject: RE: [External] RE: OIFC CAMA Major PDFs and resubmittal RECEIVED DEC 0 7 2020 OCM-MHD CITY USPS.com® - USPS Tracking® Results https://tools.usps.com/go/TrackConfirmAction?tRef=ful ipage&tLc=... USPS Tracking® Track Another Package + FAQs > Track Packages Anytime, Anywhere Get the free Inf.xmed Delivery® feature to receive Learn More automated no'.ifications on your packages (httpsJ/mg•usps.wm /xsell?spp.UspsT ale&mf.homepageBanner&appURL.hops%3A%2F%2FIntormeddellrery.usps.wm/box/pagea/Intro /start.wtion) Tracking Number: 70190160000079518220 Remove 2 a v 0 The delivery status of your item has not been updated as of October 6, " 2020, 1:10 am. We apologize that it may arrive later than expected. r_1MIL October 6, 2020 at 1:10 am Awaiting Delivery Scan Get Updates v Text & Email Updates Tracking History October 6, 2020, 1:10 am Awaiting Delivery Scan The delivery status of your item has not been updated as of October 6, I of 3 T I50 AECEIUED DEC 0 7 2020 a;;ivi-MHD CITY IIW2020,10:52 AM U.S. Postal Service"' CERTIFIED MAIL RECEIPT Domestic Mail Only -� For delivery Inlormamn, v,,- r O 1M b11-1lu Pmtm A O • : $0 all Here p [] F,w n1YPYd .0 "°"'°'a -b $5.30 10/02n020 0 Ir s"ro r e1,44._ 0 Ln CO Ln r� ru ru - ra 0 O 0 0 Er 0 0 ru 0 r IR(�ce,ivCd pCT - 6 :::C DCM-LC fl2- RECEIVED DEC 0 7 2020 DOM-MHD CITY Quible Quible & Associates, P.C. ENGINEERING • ENVRONNIENM SCIENCES • nANNWG • SURVEYING SINCE 1959 October 2, 2020 Oceans East OBX, LLC 5785 Northampton Blvd. No. 104 Virginia Beach, VA 23445 RE: CAMA Major Permitting Oregon Inlet Fishing Center Nags Head, Dare County, NC Sir/Madam, P.O. gyro 870 IOf1Y Hawk NC 27949 Pbate252d914147 Fox: 252-491-8146 web: Quble.c. CERTIFIED MAIL: RETURN RECEIPT REQUESTED ReC,;ivCd kt - a _._: L)CrA-EV As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed project includes the demolition of the existing fishing center buildings, construction of a new marina building and restaurant, new fish cleaning building, open air pavilion, additional parking, and new fuel service facility. Water dependent features include a new transient fuel dock, boardwalk along the western shoreline, five new finger piers within the basin, and dredging of the existing basin and adjacent channel. Should you have no objection to this project, please check no objection on the included form, sign, dale, and mail back to Quible & Associates P.C. Should you have an objection and additional comments to this proposal, please send your written comments to the CAMA Field Representative, Yvonne Carver, 401 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Warren Eadus, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, WrEadus, ssociates, P.C. P.G. President I have no objection to the shoreline stabilization as proposed 1 do have an objection to the to the proposed work Signature Date RECEIVED DEC 0 7 2020 UCM-MHD CITY 6- Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENW.SCIENCES • PLANNING • SURVEYING SINCE 1959 October 21, 2020 W.A. Worth Estate James C. Fletcher PO Box 111 Nags Head, NC 27959 RE: CAMA Major Permitting Oregon Inlet Fishing Center Nags Head, Dare County, NC To whom it may concern: P.O. Drawer 870 .IOtty Hawk NC 27949 Phase: 282-491-8147 F=252-491-8W web: gwble.c - CERTIFIED MAIL: RETURN RECEIPT REQUESTED As a potential adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) for you to be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed project includes the demolition of the existing fishing center buildings, construction of a new marina building and restaurant, new fish cleaning building, open air pavilion, additional parking, and new fuel service facility. Water dependent features include a new transient fuel dock, boardwalk along the western shoreline, five new finger piers within the basin, and dredging of the existing basin and adjacent channel. Should you have no objection to this project, please check no objection on the included form, sign, date, and mail back to Quible & Associates P.C. Should you have an objection and additional comments to this proposal, please send your written comments to'the CAMA Field Representative, Yvonne Carver, 4.01 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Warren Eadus, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, ?uible d A ales, P.C. . us, P.G. President I have no objection to the shoreline stabilization as proposed RecEl'red I do have an objection to the to the proposed work Nov 16 =U 1 Z. 2-0 S6Kature Date DCP4.EC Quible Quible & Associates, P.C. ENGINEEMNG • ENVIRONMENTAL SCIENCES • PIANNING • SLKNEYING SINCE 1959 October 2, 2020 James P. Meyer 162 Glasgow Trail Black Mountain, NC 28711 RE: CAMA Major Permitting Oregon Inlet Fishing Center Nags Head, Dare County, NC Mr. Meyer: P.O. Drawer 870 WN Hawk NC 27949 Phone', 252 491 8147 Fax: 252-491-8146 web: coble.cm CERTIFIED MAIL: RETURN RECEIPT REOUESTED Relreind -6..( I)CM-EC As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a CAMA Major Permit. As depicted on the accompanying site plan, the proposed project includes the demolition of the existing fishing center buildings, construction of a new marina building and restaurant, new fish cleaning building, open air pavilion, additional parking, and new fuel service facility. Water dependent features include a new transient fuel dock, boardwalk along the western shoreline, five new finger piers within the basin, and dredging of the existing basin and adjacent channel. Should you have no objection to this project, please check no objection on the included form, sign, date, and mail back to Quible & Associates P.C. Should you have an objection and additional comments to this proposal, please send your written comments to the CAMA Field Representative, Yvonne Carver, 401 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Warren Eadus, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. *sident ciates, P.C. s, P.G. I have no objection to the shoreline stabilization as proposed I do have an objection to the to the proposed work Signature Date DECEIVED DEC 0 7 2020 )Ck1-MHD CITY ROY COOPER Governor HCHAEL S. REGAN secretary BRAXTON C. DAVIS Director Mr. James C. Fletcher W. A. Worth Estate P.O. Box 111 Nags Head, NC 27959 NORTH CAROLINA Environtnentat Qualfty November 19, 2020 Re: Your letter and email of November 13, 2020, registering your objection as a potential adjacent riparian property owner to the development proposed by the Oregon Inlet Fishing Center, LLC and National Park Service in Nags Head, Dare County Dear Mr. Fletcher: The Elizabeth City District Office of the NC Division of Coastal Management (DCM) acknowledges receipt of your correspondence and signed property owner notification form, dated 12/12120 and received via email on 12113/20, regarding the CAMA Major Application submitted on behalf of the Oregon Inlet fishing Center, LLC. Your concerns and comments have been documented in the application file. We are forwarding your letter to Gregg Bodnar, Assistant Major Permits Coordinator, and Jonathan Howell, Major Permits Coordinator, of the Division's Morehead City office, who will take your concerns into consideration when evaluating the proposed development for compliance with the permitting rules applicable for development within the Estuarine Waters and Coastal Shoreline Areas of Environmental Concern (AECs). If a determination is made that a Permit should be issued, despite your expressed concems, you will be notified of that, along with information on possible actions that you may take seeking an appeal of that Permit Decision. Thank you for taking the time to provide us with the information documenting your concerns for the proposed development under the jurisdiction of the Coastal Resources Commission. Sincerely, 10,94 Yvonne B. Carver Environmental Specialist II DCM Elizabeth City District Office cc: Gregg Bodnar, Assistant Major Permits Coordinator, and Jonathan Howell, Major Permits Coordinator Kelly Spivey, District Manager, DCM, Washington Russell King, Oregon Inlet Fishing Center, P.O. Box 190, Manteo Warren Eadus, Quible & Associates, P.O. Drawer 870, Kitty Hawk Sarah B. Merrill, National Park Service, 1401 National Park Dr. Manteo, NC 27954 North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mail I Washington. North Carolina 27889 252946.648i Carver, Yvonne From: James Fletcher <.bamboosavefish@gmail.mm> Sent: Friday, November 13, 2020 11:45 AM To: ri ing@oregon-inlet.com, Carver, Yvonne Subject [External] Oregon Inlet Major CAMA Permit Attachments: Scan0093.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Mr. I would like to discuss your proposed project. Moving the Marina & Coat Guard Station to the South side of Oregon Inlet Has many advantages. I hope you will call or meet withe me to discuss moving marina to south side of inlet. My Cell is 757-435-8475 a land line after 6PM is 252-473-3287 Thank You for Your Time James Fletcher. 11-13-2020 . James Fletcher United National Fisherman's Association 123 Apple Rd. Manns Harbor, NC 27953 252-473-3287 Mr Russel King Received National Park Service Manteo Yvonne Carver CAMA Field Representative NiIY 16 1010 Dare County Commissioners Care Of Quibli &Associates . , D,QNI-EC P.O. Drawer 870 Kitty Hawk NC 27949 COMMENTS: CAMA Major Permitting Oregon Inlet Fishing Center Nags Head Dare County NC. It is my opinion CAMA & ALL PARTIES SHOULD RECONSIDER THIS PROJECT: CONSIDER MOVING THE FISHING CENTER & COAST GUARD TO THE SOUTH SIDE OF OREGON INLET BEHIND THE EXISTING JETTY & AS PART OF THE OLD COAST GUARD PROPERTY. First question; Ownership of property in order to relocate the marina & fishing center; Land was saved by the state jetty which prevented erosion of south point; is the land state or County Property? Fish and Wildlife Property was included in the original Cape Hatteras National Seashore property as am ' eans to acquire necessary acreage to establish Cape Hatteras National Seashore. As aplicant in CAMA permit does Cape Hatteras National Seashore Park have interest in property or ownership? Second Question; Time Frame: Could / would Fishing Center continue operating at present location while new facility is being constructed? Could Coast Guard continue operating while existing structures were moved onto a cement barge for relocating to south side? Third Question: what are the benefits & to whom? The leaser would have many advantages, foremost better channel conditions to reach ocean. Entirely new facility planned & constructed for most benefits. Corp of Engineers could have much simpler channel maintenance. The natural channel would follow the rock wall cutting under the new bridge southwest toward Stumpy Point. A constructed Channel along the east side of Roanoke Island from Hog Island to Wanchese then across Broad creek to connect with existing channel to Manteo & north end of Roanoke Island. { allow access to all vessels Wanchese'& north} Dredge Fill would create a constructed Marsh Land from Roanoke Island out to planned channel & be protected with {special constructed hairy} geo textile bags on both sides of new. channel. {Vessel wake control.} Greater access to all vessels from Roanoke Island North. Improved access for vessels from Stumpy Point to New _Burn & points south. Commercial Fishing Industry; Access to ocean through Oregon Inlet during most weather conditions. {Inlet would not be impaired by shoaling & channel shifting.} Allowing for L commercial quotas for North Carolina species to be landed in NC without having to travel around Cape Hatteras to Morehead City Beaufort area. Dare County & County Commissioners; Greater revenue from marine related industry with safer access into the ocean. Greater use of inlet by medium size private owned vessels usually brought to Dare County on trailers. Less demand from citizens to FIX THE INLET? Improved water quality due to deeper channels allowing more title flushing daily. Seafood Production: more tide flushing will, allow greater larval movement into the sounds increasing production for seafood, Better tidal flushing should increase clam & oyster production both natural & through aquaculture. Greater tidal Flushing could reduce water contamination from Pharmaceuticals & surfactants not removed by current waste water treatment facilities, from Dare County to beyond Raleigh. [improved water quality] New Dare County constructed dredge would have greater utilization in Hatteras Inlet. Dare County is 75.3% water by area; AQUACULTURE may develop as an important industry thus having dependable tidal flushing increases aquaculture potential as a new industry. Development of southern Sea Clam resource off Dare County will be possible with dependable inlet. COAST GUARD: Faster response time for off shore assistance; visual view of inlet & ocean bar. A stable channel would reduce cost of maintaining navigation aids. Fewer request for grounding assistance as the channels will be deeper & better maintained. Counties west of Dare to Edenton & west, better water quality; increased usage of private vessels going out of Oregon Inlet, utilization of water craft for commercial purposes; also marine repair facilities from vessels transiting a dependable inlet. Repair work from tidewater Chesapeake VA region for private & commercial vessels from lower cost. Perhaps improved incomes for Hyde County Area. , What are Cons: thirty to fifty minute increase in travel time vessels North of Wanchese. Some Channels will develop not currently in existence may or may not be beneficial and require marking by Coast Guard navigation. Dredge spoil islands may be reduced in size, thus less bird nesting area. Three hundred to a thousand acres of constructed wetland may off set loss of nesting. Requesting reconsideration of CAMA Major Development Permit for Oregon Ce9W toward greater benefit for Eastern North Carolina & State. 62mm'es Fletcher Adjacent Property Owner. P.O. Box 111 Nags Head NC 27959 11/10/2020 g �_ Inlet Fishing ReceNed NOV 16 2020 DCM-EC CA, I VIV P. f 74, W�giN� N,. VRM V P, is ., oz,! I . . .p... ... .... —.4 F, -10 �p, ISM, 5-0 AE ,J" IrD ,?;q 4q 5( I Manteo 7 Nags Head m � . m m o e O y 0 S % 0 '^m P n 8 LO / 0 O 9 \\ survey of8m � i c chase Harbor Wanchese O O CS r�ui i, ed 0 NOV 1 6 OOO c � DCM C 0 K InletPamlico SoundOuseelQofA z a Miles iii Newport River Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, April 13, 2021 11:16 AM To: 'bamboosavefish@gmail.com' Cc: Spivey, Kelly, Carver, Yvonne Subject: Oregon Inlet Fishing Center Attachments: Fletcher (Oregon Inlet Fishing Center).pdf, 43-21 Oregon Inlet Fishing Center and NPS.pdf Dear Mr. Fletcher: This notification is in response to your correspondence, which was received by the Division of Coastal Management on 11/19/20, regarding your concerns about the proposed development by the Oregon Inlet Fishing Center LLC and the National Park Service, at 8770 Oregon Inlet Rd., adjacent to Motts Channel and Roanoke Sound, near Nags Head, Dare County. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued for authorize the development. I have enclosed the notification of permit issuance letter and a copy of the permit for reference within this notification email. Regards, CMD-its-QW Q Noe Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 80 2808 ext 21:S (office) Gregg„BQdngr�ncdenrg�v Email correspondence to and ffam this oddress is subject to the North Carolina Pubiic Retards I:owand may be 4fWased to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Diredor Mr. James C. Fletcher W.A. Worth Estate PO Box I I I Nags Head, NC 27959 Dear Mr. Fletcher: NORTH CAROLINA Environmental Quality April 13, 2021 This letter is in response to your correspondence, which was received by the Division of Coastal Management on 11/19/20, regarding your concerns about the proposed development by the Oregon Inlet Fishing Center LLC and the National Park Service, at 8770 Oregon Inlet Rd., adjacent to Motts Channel and Roanoke Sound, near Nags Head, Dare County. The proposed project consisted of marina improvements. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for reference within the notification email. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator CC: DCM WaRO and Elizabeth City DEQ� North Carolina Department of rmironmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Ctty, North Carolina 28557 252.8082808 Permit Class Permit Number NEW 43-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission -Vernnit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Oregon Inlet Fishing Center LLC and The National Park Service, PO Box 190, Manteo, NC 27954 Authorizing development in Dare County at adi. to Motts Creek & the Roanoke Sound, at 8770 Oregon Inlet Rd., near Nags Head, as requested in the permittee's application did 2/17/21 (MP-1), 10/22/20 (MP-2,4) & 9/29/20 (MP-3), incl att workplan drawings (3), Hydrographic Survey did 4/l/20, Sheet 1 of 2 did 10/22/20 & Sheet 2 of 2 did "Revised 2/17/21". This permit, issued on April 13, 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. Maintenance Excavation 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no excavation or filling shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -8 feet below the mean lower low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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 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 Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 Page 2 of 5 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. 6) 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 National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Suoil Disposal 7) No spoil material shall be placed within 30 feet of the normal water level. 8) All excavated materials shall be confined above normal high water and landward of regularly or . irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The permittee and/or their contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Marina Expansion 11) This permit authorizes only the fuel dock, finger piers, fuel stations, 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 Page 3 of 5 ADDITIONAL CONDITIONS 12) 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. 13) This permit authorizes 6 additional formalized boat slips for a maximum of 67 formalized boat slips at this docking facility. 14) The marina shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 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. 17) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Boardwalk 18) 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 eight (8) foot wide boardwalk, all as expressly and specifically set forth in the attached permit application and workplan drawings. 19) Any portion of the permitted boardwalk built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. Upland Development 20) 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 structures, reconfiguration of the parking lots, and construction of the buildings, pavilions, sidewalks, stormwater management and wastewater structures, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 Page 4 of 5 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 22) 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. 23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. USACE Conditions 24) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 25) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. General 26) 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. 27) 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. 28) 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-00035). Oregon Inlet Fishing Center LLC and the National Park Service Permit No. 43-21 Page 5 of 5 ADDITIONAL CONDITIONS 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. 2020-1911. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources r Receind 00 - 6 . A DMEC CID SINCE 1959 2020 SAV SURVEY OREGON INLET FISHING CENTER 8770 Oregon Inlet Road Naga Head, NC 27959 Prepared For: Russell King Oregon Inlet Fishing Center, LLC and US National Park Service Prepared By: Quible & Associates, P.C. Engineering - Environmental Sciences - Surveying • Planning PO Drawer 870 Kitty Hawk, North Carolina 27949 (252) 261-3300 FAX (252) 261-1260 Quible.com Project Number P18078 May 8, 2020 RECEIVED DEC 0 7 2020 DCM-MPI PI CITY it ReceNcd April 281^, 2020 SAV Survey 8770 Oregon Inlet Rd, Nags Head, Dare County, NC 00 - 6 -.-i Introduction DUE; The purpose of this report is for Quible & Associates, P.C. (Quible) to provide state and federal regulatory agencies with the results of a Submerged Aquatic Vegetation (SAV) survey conducted along the shoreline of Motts Creek adjacent to the Oregon Inlet Fishing Center (OIFC) located at 8770 Oregon Inlet Road, Nags Head, Dare County, NC (Exhibit A — Site Exhibit). The April 28th SAV survey was performed in response to a request by the North Carolina Marine Fisheries (NC DMF) Habitat and Enhancement Section related to a proposal to construct a transient fuel dock, demolish existing onsite structures and construct a new retail center at the OIFC. A review of online GIS data (NC OneMap 2006-2008 SAV updated 3/19/20) shows SAV occurrence outside of the project area. Ground truthing was performed by environmental scientists from Quible during the April 28, 2020 SAV survey. � �`��,-�� The SAV survey was conducted during the growing season as required by resource management agencies. II. Methodology The attached base map (Exhibit A) includes 2016 aerial photography (NC OneMap), highlighted projected area, water depths and findings of the survey. Water depth surveying was conducted on January 24", 2020 by a survey crew from Quible using survey -grade SAV 2006-2008 Mapping Revised (3I912020) NC OneMap GPS (single beam echo -sounder). SAV surveying consisted of wading through the project area to depths of 4 feet below water level. Ideal weather conditions on April 28" (light winds and clear skies) allowed for clear views of the substrate to depths of approximately 5.0 feet below water surface. During the SAV survey, water depths, substrate type, flora and fauna notations and general observations were made and are presented in this report. III. Findings and Observations On April 28', the winds were very light (+/- 2-5 mph) out of the SE. The survey occurred during a rising tide (high tide at Oregon Inlet was 11:51 am survey conducted at 10-11 am) resulting in water levels that were estimated to be about 8-12 inches above normal water levels (NWL). Normal Water Level is based on visible biological (algae, barnacles etc.) and physical markers (water marks) evident on pilings, rip rap etc. IECEIVED DEC 012020 OCM-IMIM CITY it April 2816, 2020 SAV Survey 8770 Oregon Inlet Rd, Nags Head, Dare County, NC The bottom type in Motts Creek is loose sand and silt with some loose discarded oyster shell scattered near the shoreline. Sparse live oysters are attached to the riprap along the shoreline near the substrate. The entire shoreline of Molts Creek is stabilized with riprap, and some of the smaller riprap is scattered to depths of -1.0 to -2.0 feet below NWL. No rooted SAV or rhizomes were observed within the project area. However, four different attached algae species were observed growing within the review area along the submerged portions of the riprap (See Attached Pictures). Sea Lettuce (Ulva sop.) was the dominate species, the area of Sea Lettuce is shown on the accompanying Site Exhibit (Exhibit A). Another species of an attached brown algae was found occurring sporadically (<5%) along the southern end of the shoreline. The other species of brown and green algae were observed very sparsely (<2%) in small quantities along the rip rap. All algae species were attached to either rip rap of oyster shell. IV. DISCUSSION and CONCLUSION The findings of this study indicate that the area reviewed does not support SAV and likely is not SAV habitat. Several undifferentiated species of green and brown algae were observed during the survey with Ulva sop. being the dominant type. V.PHOTOGRAPHS View of shoreline with attached algae species visible Recd-d d RECEIVED DEC %7 2020 DCM-MHD CITY April 281^, 2020 SA Survey 8770 Oregon Inlet Rd, Nags Head, Dare County, NC Sea Lettuce Ulva spp. RecEind DO - R ..:( UirA-EC Attached Brown Algae 4ECEIVE® DEC f 7 2020 I)CM-MI10 CITY April 280, 2020 SA Survey 8770 Oregon Inlet Rd, Nags Head, Dare County, NC Green Hair Algae Receilicd Dcm-Ec Brown Algae RECEIVED DEC (j7 202O DCM-MHD CITY Ob 075" 34' .0000' W 075' 33' .0000" W 075. 32' 00.0000' W Z ; o 1 0 . 18 aod' s � \ 1 lhA .Jl i+ � \1� 1 �d.11dible eeue .eb &associates. P.C. Z o ��l A ¢VT^AA fI(GUAV p �� iaf�\� UMKdN[MIY SC'[kf[5 ' AIMIIMG lbrl .rl' eo O 0 S� .. »w: O 0 yy Ii . A'.wxn :tao0le I}bed Clubhww Receind ON y;��\\ . DCM.'EC. 1 ` OREGON INLET S'\ FISHING AREA OF IMPACMPAC IT ,O �,12 � z o o o \ p 9- be 'Island p I( t:ameYroeed p HIS Tim I otighl p 'fQ i �f Little Tim I \ rrh f \ \\t SNnal1 R•, Area Slo n ylf I ; �' Area 0 ap r, \ o n p Declination N 1 4+ (: SCALE 1:24000 '.1 U North P 0.0 0.1 0.2 0.3 04 0.8 0.8 0.7 0.8 Miles 0 1000 Yards MN 10.99' W 0 1 Kilometer 075' 34' 0 .0000" W 075' 33' .0000' W 075' 32' 0 .0000" W Name: OREGON INLET Location: 035° 47' 45.4898" N. 075' 32' 54.0681" W Date:01/14/20 OREGON INLET FISHING CENTER DEC % 202U Scale: 1 inch = 2,000 ft. (AREA OF IMPACT SHOWN IN GREEN) L rl MW Tmde Nab lmW nalum:1 A 27 0CM—IrBHD CAN —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant-. Oregon Inlet Fishing Center, LLC; National Park Service Date. 124420 Project Site County Dare Staff., Yvonne Carver District UElizabeth City ZWashington ❑Morehead City []Wilmington Project Name: Oregon Inlet Fishing Center ILatitude: 35'4748.49'N Longitude: 7532W.50'W Date of Initial application submittal (EX.- IAVI 07); IOA)&20 Date application 'received as complete' in the Field office (EX: 1/8&007): 11/1920 Permit Authorization: CAMA ❑Dredge & Fill OBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: Elyes NNo Photos Taken: Yes ® No❑ Setback Required (riparian); []Yes ®No Critical Habitat El Yes ®No ❑Not Sure 15loot waiver obtained: D Yes ONo Hazard Notification Returned., ❑Yes ®No SAV: Yes ®No El Not Sure ShellBottom:LjYes NNo UNotSure Temporary Impacts: HYas No Sandbags: []Yes ®No ❑ Not Sure Did the land use classification come from county LUP. ❑Yes ❑No Mitigation Required (oplional): ❑Yes ®No Moratorium Conditions: []Yes No ❑NA Environmental Assessment Done: []Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutdent Sensitive Waters (NSW) El Swamp Waters (SW) High Quality Waters (HQW) Outstanding Resource Waters (ORM WETLANDS IMPACTED 11 (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Ljmonium sp.) 0 (SS) Glasswort ( Salkomia sp.) wetlands) ❑ (CJ) Saw grass (Cledlum jamaicense) (SA) Salt marsh coidgrass (Spariina ❑ (SY) Salt reed grass (Spertina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlls 0 (SC) Bullrush or three square (Scirpus C1 (TV) Cattail (Typha sp.) spicats) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) SaR/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 cant be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ElPermit Transfer - $100 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - 11. Public orcommerciallho dredge $100 and/or fig - $400 ❑ 1. Private no dredge and/or fill - $250 C1 III(C) Pdv. public or comm w rD&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 RECEIVED 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net .eVinrCN042gf y-)CM_MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of al Applicant Oregon Inlet Fishing Center, LLC Date: 12/04/20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In yourActivltles code sheet. TYPE REPLACE I Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One Access I New Work ❑ Replace 460 95 3 channel Maint ® ®Y ❑ N Access 1 New Wed Replace 630 180 2 channel Maint ® ®Y ❑ N (basin) Spoil I New Work IN Rem 280 79.21 Maint ❑ ❑ Y ® N Parkinglot I NewWmk Repave 410 36.58 Maint ❑ ❑ Y ® N Platform 1 New Work Replace 90 10 Maint ❑ ❑ Y ® N Platform I Aew Ktr* Replace 8 8 • Maint ❑ ❑ Y M N Boardwalk 1 New Work Replace 726 8 Maint ❑ ❑ Y ® N Walkway 1 New Won' Replace 80 8 (elevated Maint ❑ ❑ Y ® N accesses Non-resident I Now M1 * Replace 110 50 bldg. (ishing Maint ❑ ® Y ❑ N center Fingerpiers S NewWod CD Replace 10 3 Maint ❑ ❑ Y ® N Non-resident I NowWak Replace 50 68 bldg.. Maint ❑ ❑ Y ® N (pavilion) Septic system 1 NewWak Replace 45 30 drain field Mand ❑ ❑ Y N N Non-resident I New Work Replace 65 29 bldg.. ash Maint ❑ ® Y ❑ N cleaning) Stormwater I Now work Replace 165 156.8 structure Maint ❑ ❑ Y N N (created wetlands area New Work 0 Replace Maint ❑ ❑ Y ❑ N ECEIVED DEC 0 7 2020 DCM-MHD CITY revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, rage 3 of 3) Applicant: Oregon Inlet Fishing Center, LLC Date: 1210420 Describe below the HABITAT disturbances for the application. AM values should match the name, and units of measurement found In your Habitat code sheet TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration endror restoration or and/or temp restoration or temp impact tamp impacts impact amount) tamp impacts) amount SB Dredge ® Fill ❑ Both ❑ Other ❑ 157100 157100 OW Dredge ❑ Fin ❑ Both ❑ Other ® 2940 2940 HG Dredge ❑ Fill I@ Both ❑ Other ❑ 2590 2WO SH Dredge ❑ Fin ❑ Both ❑ Other ® 726 nit HG Dry ❑ Fig ❑ Both ❑ Other ® 724 724 HIS Dredge ❑ Fin ® Both ❑ Other ❑ 64892 64892 WRC Dredge ❑ Fid ❑ Both ❑ Other ® 25876 25878 HG Dredge ❑ Fill ❑ Both ❑ Other ® 623 623 Dredge ❑ Fin ❑ Both ❑ Other ❑ Dredge ❑ Fin ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fin ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ RECEIVED DEC 0 7 2020 :3Cl1M-MHI) CITY 252-808-2808 :0 1.888.4RCOAST :: www.necoastalmanagernen t. fie t revised: Nov. 2012 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Oregon Inlet Fishine Center. LLC: National Park Service Distribution Date: 12/7/2020 AGENCY ECRO Community Develo meet/LPO Donna Creef Charlan Owens Eliz City Josh Peletier DCM Planner US COE: Community Assistance Lee Padrlck (Beaufort, Carteret Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Of Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard Sheri Montalvo DEMLR/DWR: DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Chris Pullinger W RC Maria Dunn (WARD) National Heritage Program Rodney Butter RECEIVED DEC 0 7 2020 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Dare County -Cape Hatteras Well Field\Maj Comment -- tstribution Sheet - Dare County Well Field.docx Revised : 6/29/2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director December 7. 2020 MEMORANDUM: NORTH CAROLINA EnvfronmenralQualtfy FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16.33) areas. bodnar(idncdenngov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Oregon Inlet Fishing Center, LLC; National Park Service Project Location: 8770 Oregon Inlet Road in Dare County Proposed Project: Redevelopment of the Oregon Inlet Fishing Center 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 28, 2020. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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 AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Grlfnn Street. Suite 3001 Elizabeth Gty. North Carolina 27909 252 264.3901 RECEIVED DEC 0 7 2020 DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant: Oregon Inlet Fishing Center, LLC Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ll. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: ❑ Major Modification to a $250 100% ($250) 0% ($0) CAMA Ma or ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands andlor open water areas, determine if A. B, C, or D below applies III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: lll(D). If General Water Quality Certification No. 60% ($240) 40% ($160) 4175 (see attached) cannot be applied: H$475 IV. For development that ® involves the filling and/or 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: DEC 0 7 2020 ,,...Npj.t) CITY NC Division of Coastal Management Cashier's Official Receipt L �? 6 / ABC D Date: A, 20 7\ A Received From: 0u ' b /� 4 rt S3 C e S A C • $ Permit No.: m a o r Pc r :v e s 3 f Check No.: 2-2 r-' Applicant's Name: a >n S n !n 4 �S � .,•. C¢ M4, LJ, Ji aCa Project Address: � Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: ��'Date: Signature of Field Representative: ',:i'L"` �-`'' Date: RECEIVED DEC 0 7 2020 A DCM-MHD 18078-COMMUNITIES JTM.Ora 4/28/2020 2:02 PM Tmurpny �RI;Jr :T COPYRM.NT C 2079 OUIRLE 3 ASSOCIATES. P.C. P18078 THIS DOCUMENT IS THE PROPERTY OF OUIBLE B ASSOCIATES, P.C. ANY DRAWN B� ALTERATION OF THIS DOCUMENT IS JTY/OTN PROHIBITED, IF THIS DOCUMENT IS NOT SIGNED AND SEALED B� A LICENSED PROFESSIONAL CHECKED BY THEN THIS DOCUMENT SHALL BE CONSIDERED PRELIMINARY. NOT A WDE CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION. DATERECORDATION. SALES OR LAND CONVEYANCES. UNLESS OTHERWISE 04/28/20 NOTED. C=` C") CA 4 n '•--. Ci SAV EXHM T D 0 O Z o 2 nn r.e OREGON INLET FISfIING CENTER v s s �iCuible SINCE 1959 00 Imo•zrTrnD�t; P.C.770 OREGON INLET ROAD C- D n C m In G ENGINEERING-- As$« 8tE'$, i NAGS HEAD TOWNSHIP DARE COUNTY ram• C n K C Z y ENVIRONMENTAL SCIENCES a SURVEYING" In NORTH CAROUNA Z 0 s m A m C "ENO./SUR. MOT OFFERED AT BIACN MTN. OrnCf— y -0 A; .< 20 2 8466 Cerotoke MM,. Pmeelle Point. NC 27966 0 30 60 GO < O Phone: (252) 491-8247 Fax: (232) 491-8146 teq 1 j '•I Al s PI Al -4 0 Cnurcn St.. Ste. B. Block Mountain. MC 2877 Z = Z tell K Phone. 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CAMA PLAN o OREGON INLET FISHING CENTER m 8770 OREGON INLET ROAD $�R� g6 O a N� o LJ LJ DI ( RNSiOXS �59�0.Ni[f hrho 'd oa •av� we�� • i i � R �'" N F g`gagn. $'� Fxc ----- — _. 9 i141 C 4 P(