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
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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®
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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®
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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
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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
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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
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PIN 0"M610225
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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:..-
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• 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: - - -
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PS Form 3811, July 2015 PSN 7530-02-MO-DW Domestic Return Recelpt
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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
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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
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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,,-
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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
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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
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1 ` OREGON INLET
S'\
FISHING
AREA OF IMPACMPAC
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Declination
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(: SCALE 1:24000
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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
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COPYRM.NT C 2079
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THIS DOCUMENT IS THE PROPERTY OF
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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.
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RECEIVED
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CAMA PLAN
o OREGON INLET FISHING CENTER
m 8770 OREGON INLET ROAD
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