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HomeMy WebLinkAbout104-21 Small Harbour Investments LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 104-21 Issued to Small Harbour Investments LLC., 699 Galloway Rd., Bridgeton NC 28519 Authorizing development in Craven County at ado. to Duck Creek, at 699 Galloway Rd., in Bridgeton as requested in the permittee's application dated 3/1/21, including attached workplan drawings (6), Survey dtd 11/16/20 and 1-5 of 5 all dtd 10/24/19. This permit, issued on August 17, 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 :t mese rerms may oe subject to tines, imprisonment or civil action; or may cause the permit to be null and void. High Ground Excavation 1) Should the high ground excavation take place within the period of peak biological activity (February 15 — September 30) of any year, to prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall be left between the area to be excavated and the existing waterbody for a 24- hour period after completion of excavation or until the project areas has returned to ambient conditions, whichever is greater. 2) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no maintenance excavation 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. (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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Small Harbour Investments LLC. Permit No. 104-21 Page 2 of 5 ADDITIONAL CONDITIONS 3) No excavation shall take place outside of the area indicated on the workplan drawings. 4) Excavation shall not exceed -7 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 5) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal 8) No dredge material shall be placed within 30 feet of the normal water line. 9) No dredge material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. 10) 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. 11) The dredge disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 12) 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 dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material 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. Small Harbour Investments LLC. ADDITIONAL CONDITIONS Shoreline Stabilization - Bulkhead Permit No.104-21 Page 3 of 5 13) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 14) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 15) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 16) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 17) The bulkhead shall be constructed prior to any backfilling activities. 18) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 19) The fill material shall be clean and free of any pollutants except in trace quantities. 20) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 21) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. Sedimentation and Erosion Control 22) An Erosion and Sedimentation Control Plan modification may be required for this project. If required, this plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 23) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 24) 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. 25) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Small Harbour Investments LLC. ADDITIONAL CONDITIONS Marina Expansion Permit No. 104-21 Page 4 of 5 26) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 27) 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. 28) This permit authorizes 39 additional formalized boat slips for a maximum of 88 formalized boat slips at this marina. 29) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 30) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 31) The marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 32) 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. 33) 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. Easement 34) The project may require easements for multiple utilities crossing the creek, marsh and State-owned land provided the applicant qualifies for an easement. The permittee shall contact the North Carolina State Property Office at (984) 236-0270 for this determination. General 35) 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. 36) 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. Small Harbour Investments LLC. Permit No. 104-21 Page 5 of 5 ADDITIONAL CONDITIONS 37) 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-2021-01025). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-0503. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator:Permit #: I dd'Z ( MAILING DISTRIBUTION SHEET DCM Field Offices , A/C ZF5/i Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh BlanB Fort, Camden, Chowan, Craven, Hertford, Hyde,Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, 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: Washington: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton I-- Tim Walton / Mike Moser d Sheri Montalvo / Shelton Sullivan ChrisPullinger-401 % Clif Whitfield (WARO)/ Jimmy Harrison - Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: A, Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Progran1150 - Rodney Butler = WL1 APPLICATION for major Development p eat Permit (last revised) 12J27106) I 's�rJ North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicar;IV andownerinformation Business Name Duck Creek Marina Applicant 1: First Name MI Small Harbour Investments LLC Applicant 2: First Name MI Project Name (if applicable) Duck Creek Marina Improvements and Expansion Last Name Last Name If additional applicants, please attach an addlllonal pages) wilh names listed. Mailing Address 699 Galloway Rd PO Box City ZIP 40 Bridgeton Country 28519 Phone No. US 252-el -1702 ext Street Address (d different from above) City state Email duckcreekmadna@gmail.com Z. Agent/Contractorh7formatfon Business Name Bobby Cahoon Construction Inc Agent/ Contractor 1: First Name MI Derrick Last Name (pock Agent/ Contractor 2: First Name MI Last Name Mailing Address 6003 Neuse Rd ZIP 28529 FAX No. 252 249 9884 Street Address (6 dfHerant f om above) Email bobbycahoonconstruction@yahoo.com State NC FAX No. ZIP - PO Box City Grantsboro Phone No. 1 Phone No. 2 252-249-1617 ext 252-229-4021 Md. Contractor # 62120 city I State ZIP <Fonn continues on 6asb State NC APR 14 2021 252-908-2808 :r t•Sz;•'.�;.�¢pOA57 :: www.trocuastartnaaage Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven 699 Galloway Rd Subdivision Name City State Zip Riverview Park Bridgeton NC 28519 - Phone No. Lot No. (a) (if many, attach additional page with list) 252 - 638 -1702 ext. 699 Galloway Rd, 680 Galloway Rd, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Duck Creek C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Neuse River 9. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Bridgeton 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approx 2000 LF 585,316 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 12.71, .727, 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8. ❑NHW or ®NWL e. Vegetation on tract Grass Lawn, Tres, Wetland f. Man-made features and uses now on tract Bulkhead, Docks, Commercial Marina, Parking Area, Storage Area, Building, Garages, Travel Lift g. Identify and describe the existing land uses agjaggpj to the proposed project sae. Code 300 VACANT-MAPPED/PLATTED/DEVELOPE , 330 VACANT -TRACT SUITABLE COMM DEV , Presently Undeveloped h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Rec- Commercial Marina (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register llsted or eligible property? <Form continues on next page> KtutivtU APR 14 2021 DO'4 sALir) CITY 252.808-2808 :: 1-888-4RCOAST :: :,stalmanagement.net �o)rm DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (1) Are there wetlands on the site? SYes []No (II) Are there coastal wetlands on the site? SYes [_-]No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic Tanks o. Describe existing drinking water supply source. City and Well P. Describe existing storm water management or treatment systems. Sheet Flow 5. Activities and Impacts a. Will the project be for commercial, public, or private use? SCommemial ❑Public(Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial Marina C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Excavation of a portion of property to be done by land with an excavator and dump truck. Installation of additional Bulkheading to be done by land with an excavator and vibratory hammer, Construction of additional dockage and boatslips to be done by barge with excavator with a vibratory hammer along with typical power tools. Equipment is to be safely on land or on a barge with proper containment materials on hand. d. List all development activities you propose. Excavation, Bulkheading, Dock installation e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0.63 ❑Sq.Ft or SAcres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yea SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Excavated material will be transported by land to an existing man made pond. Overflow waters in the pond will be discharged into an existing ditch which ultimately empties into Duck Creek. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes SNo ❑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 SNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> APR 14 2021 252-808.2808 :: ..... xuwwtalmana g ementY TY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnfonnation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (Q are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. a. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name John W Taylor- Manager- Rivershore LLC Phone No. 252-633-5106 Address PO Box 12006 New Bern NC 28561 Name Jeanette E Hunter Phone No. Address 808 Prescott Rd. New Bern NC 28560 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltes, and issuing dates. State Dredge and Fill Permit #196-76 (and subsequent Major Development Excavation and Fill Permit #18-13 modifications) 401 WOC GC3900 DWD Project # 12-1110 h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) it. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. I I3A 1-10). H 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. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further cerfill tit t the information provided in this application is truthful t �theebbes oo/f/m knowledge. Date 1 1 Print Name Drr�t"//�i" Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED APR 14 2021 252-Bos-2ao8 :: 1-888-4RCOAST :: www.nccoasraemanagement.WM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization Length 230 Width 110 Avg. Existing Depth +3 NA NA Final Protect Depth _T NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 6560 (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 OWL ®None (ii) Describe the purpose of the excavation in these areas: Enlarge the existing boat basin for additional dockage and unrestrict water flow. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. On Site- Behind boat storage area in a man made spoil containment pond c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal 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 (ii) Describe the purpose of disposal in these areas: Fill in a previously permitted pond that is separated by uplands from any adjacent wetlands and has no direct connections to wetlands or water areas El This section not applicable Type of material to be Sand, Mud d. High -ground excavation in cubic yards. 2811 of disposal area. 160' x 150' ❑This section not applicable d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No DNA (a) If yes, where? On site f. (it Does the disposal include any area in the water? ®Yes [:]No ❑NA (ii) If yes, how much water area is affected? Excavated material will be place within an existing man-made pond which has no direct connection to adjacent waters i4ECEIVED APR 14 2021 252-808-2008 :; 1-886-4RCOAST :: a _ ►er Sad: 12128/06 Fortin DCM MP-2 (Excavation and (Fill, P 3- SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 20' ey.+mnooaa uraprap L-Ibreaxwater/Sill LJOther. c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Vinyl Sheet Pile g. Number of square feet of fill to be placed below water level. Bulkhead backfill0 Riprap_ Breakwater/Sill _ Other _ i. Source of fill material. NA Width: 3QQ d. Maximum distance waterward of NHW or NWL: 2' i. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No [-]NA (n) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. NA 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. (i) Will fill material be placed in coastal wetlands/marsh (CM. (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area _ (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? Material will be place in an on site in an existing benned man made pond 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. Date Duck Creek Marina Improvments suomergea aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV — ❑SB _ OWL _ ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator, Dump Truck 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. Project Name Applicant APR 14 2021 oCM-IMHD CITY 252-808-2808 Ltr kc.:,,..-dr;t < -; v :: www.nccoask4u,:; eroaar a roc. Forth DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature RECEIVED APR 14 2021 DCM-MHD CITY 2524MO-2808 14MARCOA3T :: www,nccoas2almanayemen4.net revised: 12t26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No C. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 2 If yes: (iii) Length 6 (ii) Number 12 (iv) Width 125 (iii) Length 3 (v) Floating ❑Yes ®No (iv) Width 16 (v) Floating ❑Yes ®No e. (i) Are Platforms included? ❑Yes ®No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii) Number (ii) Number _ (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating []Yes ❑No _ Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed It. Check all the types of services to be provided. 39 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 49 ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips) only, number of slips: 39 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: 0 Other, please describe, i. Check the proposed type of siting: ® Land curt and access channel ❑Open water; dredging for basin and/or channel []Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25 M. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 60 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed Types I. (i) Will the facility be open to the general public? ®Yes RECEIVED ❑No APR 14 2021 0CM-MHD CITY 252-808-28M :: 1488-4RCOAST -- www,nccoastalmanaaement.net r vised: 12/27/06 Form ,DCM MPA (strut <as_,; 1 �:.;_ .: - .- , 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number:—; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location. b. Describe treatment type and disposal location for all sanitary wastewater. Disposal Offsite c. Describe the disposal of solid waste, fish offal and trash. Dumpster d. How will overboard discharge of sewage from boats be ocntrolled? Holding Tank on Vessel e. (i) Give the location and number of "No Sewage Discharge" signs proposed. NA (ii) Give the location and number of "Pumpout Available" signs proposed. 0- No Pump Out f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? NA h. Give the number of channel markers and "No Wake" signs proposed. Q i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live -aboard dockage? No live aboard k. Describe design measures that promote boat basin flushing? The proposed excavation will open the existing accsess canal to promote increased water flow and flushing. I. If this project is an expansion of an existing marina, what types of services are currently provided? Travel Lift, Repair and Maintenance, Dockage RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ®No APR 14 2021 „s M-MHD CITY 1-888.4RCOAST :, _ _. ,,:c;:_,sa,:;Falmanuyurr revised: 12127106 Form IDCM MP-4 (Structures, Page 3 of 4} n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV Else _ ❑WL ®None P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community (ii) Number _ (III) Length (w) Width _ Note: Roofed areas are calculated from dhp1me dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (it) Length (iii) Width 5. 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 a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL ®This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED APR 14 2021 DCM-MHD CITY -e 1-S88.gRCOAST :: www.neeoastalmanegemaM.net revised: 12t27/e6 Farina 8CM MP-4 (Structures, Page 4 of 4; a. Proximity of structure(s) to adjacent riparian property Imes b. Proximity of structure(s) to adjacent docking facilities. left side 17', right side 25' 35' Note: For buoy or mooring piling, use arc of swing including lertptlt of vessel. C. Width of water body 190, e. (1) Will navigational aids be required as a result of the project? Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description:' Date 1/1 if2t Project Name Duck Creek Marina Imporovments Applicant Name nI Applicant S ature d. Water depth at waterward end of structure at NLW or NWL _7. ❑This section not applicable kF-CEIVED APR 14 2021 DCM-MHD CITY 25"08.2808 :: 1-888.4RCOAST :: www.nceoast�lmanasement_aet revised: 12/27/06 Digitally signed by Dennis A. Fomes DN: cn=Dennis A Fomes, o, ou, email=ncsurv@gmail.com, r--US Date: 2020.11.19 10:16:52 -05'00' \ iPPAOZAISATE VOLUME OF EXCAVATED SFOM: 5500 CUAIC V S PROPOSED EXPANSION OF DUCK CREEK MARINA EXISTING AND PROPOSED CONDITIONS BRIDGETON, NORTH CAROLINA NUMBER ONE TOWNSHIP, CRAVEN COUNTY NOVEMBER 16, 2020 SCALE: 1" = 30' 0 16 30 60 90 SURVEY NOTEII: GREEN. „„ BELOW M.,UNG DUCK BASIN 3. NO DEPTIt SOUNDINGS HAVE BEEN MADE AT TIES TIME. DEPTHS IVERE TAKEN nOM SURVEY MADE BY DENNIS FORNEIS A BOUNDARY AND DUCS CRE11 4. PARTIAL SURVEY SHOREIRINE BOTT: I= PROFESSIONAL LAND SURVEYNO ON 11/14/2020. FLAT PREPARED BY SURVEYOR. '„OF R NOTES) (SEE SURVEY S. PLATES PREMMARYAND NOT SUIT�FORRRCOKDJinON. CONVEYENCER. OR SALES. Y ed I1 f�.�..��ffl��•1f.�1flf.�� \tea y i Duck Creek Marina N Proposed New Finger Piers Marina Basin —� South East Corner Of Marina Revised 10/24/19 Access Channel Duck Creek • e • • • 2 New 10- x 30' Naerllp PUk,. is- 30' 30' Neu!• i "Finger Piar Replace Old pier Channel Mde pilirps W lie 10•x 30' and adend approx 8' above deduM Inside plllrps b is, 8' x 20' and extend! apprx 18' above detldn0 3 New 3' :10• Fh, r pier H' - Outer fine r plliW and Inner pillWs will the 10- x 25' lore and extend approx a' above d Oldn, Middle pilings will be 8' x 20' and be Mush under decking This duamg Y 0ro see, aawmer Bobb/Ctlwon lid. and Is mr branded for use y am eater an*, 17' To propeKy Gne at driest paint v —o z M 4-1 L _ ►� m < u1 n _ N o m 0 , ri z m 0 m G m v • jN • v n i n v z - m 0 0 W�.- o < v -i • 14' ~ 14' • • 6- 3' x 16' Finger Piers 0 Is . 2- 4' x 30' Finger Piers Duck Creek Marina Proposed Outer Pier 8- 14' x 30' slips C-Dock 8- 14' x 40' Slips • e Walkway 7S0 SF Middle Finger Piers 216 SF End Finger Piers 240 SF This drawing is the sole property of Total 1206 SF Bobby Cahoon Construction Inc. and is not intended for use by any other entity. • 41 . Lraven t.ounry uw -" ,irnh=@?feet �rl�arl4M RYTWYlY1lYeY�mlrYrl4 YY ny lY 4NWY a"J OYlY 4la i"Yn�1WY�Y lFpyl YPpe�ry ]E YgEY]ffiE]AY 1101 T add I t V ` -P h ,a Marina Basin r:. Excavate approx 9500 cy y 26' a 7' de to an avers depth r 9 p { v fl i Aaw . - New 300 LF ��� �. in I Bulkhead Duck Creek Craven County GISOHw-wasr 1 inch = 50 feet P Uj O aw...nrh«..wcr.rww...ww...«r.«.«s•w.wrwrw r.a.i. r.. rn..« a.ae..:err»saw warty f'i1+1 4o IZOl b z add °, f vN 70 ©3AI333H DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Small Harbor Investments LLC COUNTY: Craven PROJECT NAME: LOCATION OF PROJECT: Bridgeton, Craven County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-14-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Connell DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S400 Click or tap here to enter text. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 5-23-21 END OF NOTICE DATE: 6-14-21 ADJ. RIP. PROP NOTICES REC'D: 4/14/2021 DEED REC'D: Yes C) 75 DAY DEADLINE: 6-28-21 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 5-12-21 STATE DUE DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNEI) OBJECTIONS: YES NO NOTES DCM - Field Rep s(Ll L( I l� DCM - LUP Consistency Determination 5// 2,( L ( dwrXS Local Permit Officer Corps of Engineers - Regulatory Branch 25(L( ZOLI —01 O LS" DWR-401 Section �(b7. DWR-Public Water Supply q L( X DEMLR - Stormwater DEMLR - Sed and Erosion $ Z5 Q 5f L �r DOA - State Property Office Wildlife Resources Commission 1Dt2(2 Z ( _ Q(;o� DMF — Shellfish Section DMF - Habitat & Enhancement 2( IS - 30 DNCR - Archives & History DNCR -Natural Heritage Program NCDOT NC Dept of Commerce 6! / Z Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: May 12, 2021 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Brad Connell ROY COOPER Govern.. DIONNE DELLI-GATTI Secrelary BRAXTON C. DAVIS U;reclor SUBJECT: Comments and Recommendations - CAMA Major Permit —Duck Creek Manna, Craven County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal dredges 25,300 square feet of high ground. The proposal is not adjacent to a Federal Channel. These waters of Duck Creek are closed to shellfish harvest. This waterbody is not a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1. The permittee must install and maintain at his expense permanent reflectors attached to the outermost pilings of the structure in order to make it more visible during hours of darkness or inclement weather. 2. 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. 3. The authorized structures and associated activity must not cause an unacceptable interference with navigation. 4. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina/docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. Nothing Compares7. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 2528082808 T Small Harbor Investments LLC 4/22/2021 Page 2 of 2 6. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. CC: Roy Brownlow, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247,3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 ARrmalive Action Employer ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Diwtar May 12, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Dreoa. bod narlGD, NCD ENR.Oov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by June 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Myers AGENCY N DMF- Shellfish Sanitation SIGNATURE R 1 for Shannon DATE 5/14/2021 and Recreational Water Quality Jenkins MAY 1 8 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management D_E Morehead City Orflce 1 400 Commerce Avenue I Morehead City. North Carolina 28557 omn,� 252.808.2808 ROY COOPER Governor DIONNEDELLI-GATTI Secretary BRAXTON DAVIS Director May 12,2021 MEMORANDUM: 4 P� hnnn NORTHCAROLINA Environmental Quallry FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier11-12-09) g regg, bod nar(a-)N C DE NR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek 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;yl@,8� IIC1 If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. 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.1, I Pl1 TIAIIphE C �Jl' W ttl� F1P,Id nGEN�v Pu61ilc Woo. simply SecWtiyi SIGIGl1i URE l.�/ yrf, ra�iG oar 7-14,W R, ECE IVED M AY 1 4 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Oty Office 1 400 Commerce Avenue I Morehead City. North Carolina 28559 Da /✓� 252808.2808 ROY COOPER Gw no` DIONNE DELLI-GATTI Semiury BRAXTON DAVIs Dinivror May 12, 2021 MEMORANDUM NORTH CAROLINA EnNronmentaf QuaBry FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bod nar(c0NCD EN R.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek 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 JU11C 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. 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" A 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 tee Padrick AGENCY NC Commerce ��^* p► SIGNATURE _4 P,� f`�C S'.' rV I-M DATE 5-14-21 MAY 1 :"- 2021 NIP SECTION 1AHO North Cardin DrWnrnt of Environmental Qualit) 0ivWonof C0a)lal Irvaement D Morehead Chy Office 40OCom�nmc Awue Morehead City, North Cardin 28557, 252808.2808 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director May 12, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areoa. bodnar(aNCDENR.go SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek 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 June 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGENCY Division of Coastal Management SIGNATURE EW DATE 5/21/2021 if ( , M AY 2 1 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management E Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 NOH111f oNO �-V..��aw..®ummp� /'� 252.808.2808 ROY COOPER Cavernar DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Dk for MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management MAY 2 1 2021 FROM: Rachel Love-Adrick, District Planner Division of Coastal Management gg���qP,p� SECTION Ppg JI) i t78 d'" a7��s i f6�1� Y35i Y-k iL9 SUBJECT: Major Permit Request by Small Harbor Investments LLC DATE: May 21, 2021 Consistency Determination: The request is consistent with/not in conflict with the New Bern, River Bend, Trent Woods Regional Land Use Plan certified by the CRC on February 24, 2011. Overview: The property is located adjacent to Duck Creek at 699 Galloway Road in Bridgeton, Craven County. This property is currently developed with a commercial 49-slip marina facility. The adjacent riparian properties are undeveloped. The applicant wishes to expand the marina basin within Duck Creek for commercial use and construct two additional docking facilities within the proposed boat basin. The proposed expansion would support an additional 39 new boat slips. The elevation of the adjacent high ground of the parcel is approximately 8' above the normal water level (NWL). Vegetation on the parcel mainly consists of lawn grasses and pine trees. The parcel has 400' of continuous shoreline along the Duck Creek entrance canal to the basin. Immediate offshore water depths adjacent to the parcel range from - 2' to -7' NWL. The subaqueous substrate is soft without shell. This proposal is not located near a Federal Channel. This waterbody is approximately 70' across at this location. AECs onsite include Public Trust Waters, Coastal Shoreline and Estuarine Waters. The Duck Creek is classified as SC; Nutrient Sensitive Waters, is not a primary nursery area, and is closed to shellfishing. There are no Coastal Wetlands within the project area. Submerged Aquatic Vegetation was not observed at this location. There is not a defined Federal Channel near the project area. This parcel is subject to the Neuse River Riparian Buffer Rules. There are no cultural resources in the project area. Anticipated impacts resulting from this project are expected to include: Dredging of 25,300 ftZ and filling of 6,000 ft2 of high ground. Traditional marine construction methodology will be utilized during the construction of this project. Turbidity impacts are anticipated. It should be noted that this proposal would impose a new DWR 50' riparian buffer and Coastal Shoreline AEC onto the adjacent property. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.80&2808 Basis for Determination: The project site is located in the Craven County and is subject to the 2009 Craven County Land Use Plan. The New Bern, River Bend, Trent Woods Future Land Use Map (FLUM) designates the site as "Urban Transition" and "Conservation". The project appears consistent with the Future Land Use designations. Urban Transition "provides for future intensive urban development on lands on the periphery of existing developed areas that will support intensive urban development". "Incompatible land uses within this land class are industrial and agricultural land uses" (page 100). Conservation areas "include identified AECs (coastal wetlands, estuarine waters, public trust areas, and estuarine shorelines) and fresh water and '404' wetlands protected by the Clean Water Act. No development is allowed other than those uses which require water access and cannot function elsewhere is allowed in coastal wetlands, estuarine and other public trust areas. Development within the estuarine shoreline must be in conformance with LAMA guidelines and municipal land use regulations". "Incompatible uses within this land class are industrial and agricultural land uses" (page 99). Land Use Policies: The following LUP policies may be applicable to this request. Policy WP 2, page 73.: Land uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of such uses may include: utility easements, docks, fishing piers and agricultural uses, such as farming and forestry, and other uses permitted under the N.C. Dredge and Fill Act or other applicable laws. Policy MP 2, page 74-75. [Applies only to New Bern]: ... The city encourages marina siting and design which promotes properflushing action. Such design features include locating marinas near inlets, maximizing the opening of entrance channels, and minimizing stagnant corners by using rounded corners, level bottoms sloping towards the entrance, and avoiding bends. Upland excavation for marina basins shall be consistent with CAMA minimum use standards. r MAY 2 1 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2803 ROY COOPER covernor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director May 12, 2021 NORTH CAROLINA EnAronmentalQuality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal ManagementRECEIVED 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnaraNCDENR.gov MAY 2 5 2021 SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Small Harbor Investments LLC F1112 SECTION PLJjjo Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek 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 .lurle 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as "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. _Z PRINT NAME '5AsMI R. -D1) MPO T?—'- AGENCY 9HhIL� /�15U11Z�� , SIGNATURE / /� To �jo wlTt% �cCAVA-7�1) DATE -IF -jIST21F.� U N S 1,-Fe 17- 1NC- LU'p�� 1 !J tJ -7,)J STU m� North Carolina Department of Environmental Quality 1 Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 285LA57 aw/l 252.808.2808 ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director May 12, 2021 NORTH CAROLINA Environmental Quality Received: 5/18/2021 Historic Preservation Office ER 21-1282 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(g)NCDEN R.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek Due: 5/26/2021 NC - SBA 5/19/2021 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 June 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office (?,_y,v6LD0 5/25/2021 RECE1V7E® MAY 2 5 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management D_E Morehead City Offlce 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 r'= ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director May 12, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnara()NCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek 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 June 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE DATE 9%June 2021 RECEIVED JUN 8 2021 North Carolina Department of Environmental Quality I Division of Coastal Management D_E Morehead City Office 1400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 ROY COOPER Governor JOHN NICHOLSON lnterimsecretory KATHY B. RAWLS Director MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Small Harbor Investments, LLC, Craven County DATE: 9 June 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located adjacent to Duck Creek at 699 Galloway Road in New Bern, Craven County, NC. This property is currently developed with a commercial 49- slip marina facility. The applicant is proposing to excavate a basin at the entrance canal of the existing marina basin, removing approximately 25,300 square feet of high ground material. The proposed basin would be 230' by 110' and would connect to the -7' normal water line (NWL) depth contour. The adjacent high ground would be stabilized with an approximately 300' vinyl bulkhead. The applicant is also proposing to construct two additional facilities within the proposed boat basin, supporting an additional 39 slips. Each of the proposed docking structures would be 6' by 125' with a 4' by 30' T-platform at the terminal end, along with twelve 3' by 16' finger piers and 26 tie pilings to define the boat slips. Across from the proposed basin, the applicant is proposing an addition 7 new boat slips in the southeast corner of the existing basin. Although Duck Creek is not designated as a Primary Nursery Area (PNA) or Anadromous Fish Spawning Area (AFSA), DMF conducts annual fish surveys in this area. These surveys have found that Duck Creek supports various recreationally and commercially important species, including (but not limited to) spot, Atlantic croaker, and hickory shad. In order to minimize the potential impacts on these important species, DMF recommends a moratorium of 15 February through 30 September for all in -water work. As noted in the project description, the proposed basin would not be deeper than the connecting water. As long as the applicant adheres to the proposed depth and moratorium detailed above, DMF will have no additional comments to provide regarding this proposal. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at iam c.harricon(@ncdenr.gov with any further questions or concerns. RECEIVED State of North Cardin I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 29557 ,JUN 8 2021 252-726-7021 NIP SECTION MHD RECEIVED JUN 8 2021 Mp SECTION WID State of North Carolina I Division of Marine Fsheries 344IArendell Street I P.O.Box769I Morehead City,North Carolina 28557 252-726-7021 Ncutq -Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 1 f-12.09) meca.bodnar(dNCDENR cov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project Expand Marina in Duck Creek Please indicate below your agency's position or viewpoint on th�project and mfum this form to Gram Bodnarat the address above by If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. when appropriate, in-depth comments with supporting data is requested. . REPLY. This agency has no objection to the protect 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 i#-tem*tirn .t mioaalPo matra�;i ,9W 20SOMM ;mF,WlfcwmxxhrRuc tfNaaarmCpertonbQaapez( EJV- JUN 8 2021 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director May 12, 2021 NORTH CAROLINA Enviromnentat Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar c(DNCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek 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 June 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. 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 AGENCY N64-W• SIGNATURE Tl DATE (_II-2a1 1 emu=IVED J U N 2 1 2021 RIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management _ Morehead City Office 1400Commerce Avenue I MoreheadChy.North Carolina2855r 252.80&2808 11� North Carolina Wildlife Resources Commission f Cameron Ingram, Executive Director MEMORANDUM TO: Gregr RECEIVED Divisiononof of Coastal Management North Carolina Department of Environment and Natural Resources J U N 2 1 2021 FROM: Maria T. Dunn, Coastal Region Coordinator `— Habitat Conservation Division NIP SECTION M H D DATE: June 11, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for Small Harbor Investments, LLC, (Duck Creek Marina) Craven 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 699 Galloway Road, adjacent Duck Creek near Bridgeton, 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 (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to expand the existing 85-slip marina in Duck Creek with an additional 39 slips and enlarge the entrance canal, removing 25,000112 of upland. The 230' by 110' basin would be dredged to and connect to the -7' NWL contour. Upland shorelines near the newly expanded area would be stabilized with 300' of bulkhead. To accommodate the 39 new slips, two 125' by 6' docking structures with 30' by 4' T-platforms would be constructed. Twelve 16' by 3' finger piers and 26 tie piles would establish the slips on these structures. The final seven slips would be in the southeast corner of the existing basin, extending from three 16' by 3' finger piers. A 64' by 5' staging pier is also proposed. Previous spoil material generated from maintenance activities was placed in a pond behind the marina. No description of spoil placement was made in the field report. Duck Creek at this location is classified SC Sw NSW by the Environmental Management Commission and is subject to the Neuse Basin Buffer Rules. The NCWRC has reviewed the permit application and does not believe the project as proposed will have significant adverse impacts to aquatic resources if a February 15 to September 30 moratorium is included Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 , _. Page 2 as a permit condition. This creek provides habitat to several important resident and anadromous fish species including blueback herring and striped bass. The inclusion of the above moratorium would minimize disturbance and elevated turbidity levels during spawning and the important early developmental stages of egg, larvae, and fry. This moratorium condition was previously requested (Dunn 14 January 2013) during another excavation proposal. 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 maria.dunn@ncwildlife.org REMOVED JUN 2 1 2021 MP SECTION MHD June 25, 2021 Regulatory Division ORM ID No. SAW 2021-01025 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED JUN 2 5 2021 MP SECTION MHD Reference the application of Small Harbor Investments, LLC., for a Department of the Army permit to expand an existing marina and construct a bulkhead, new finger piers, and 39 new boat slips, on property located at 699 Galloway Road, adjacent to Duck Creek and the Neuse River, near Bridgeton, in Craven 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. 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 RECEIVED JUN 2 5 2021 wetlands or to reduce the reach of waters or wetlands. FIAP SECTION Pil l-1 4.'Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. 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. 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 9. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 10. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 11. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 12. Excavation will not exceed -7 feet below the elevation of mean low water. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. 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 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Copies Furnished: Sincerely, .(&cv 9&M.-4111 15041�5 Raleigh Bland, S.P.W.S. Regulatory Project Manager RECEIVE® N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building JUN 2 5 2021 Raleigh, North Carolina 27604 MP SECTION MI-3D /"ft_y Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Roy Brownlow, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 RECEIVED JUN 2 5 2021 MP SECTION MHD ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director NORTH CAROLINA Envfranmenta/Quality August 16, 2021 RECEIVED AUG 1 6 2021 MP SECTION LIPM DWR # 2021-0503 Craven County Duck Creek Marina Small Harbour Investments LLC 699 Galloway Rd POBOA40 Bridgeton, NC 28519 Subject APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Duck Creek Marina -Small Harbor LLC You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on June 16, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) LAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met No other impacts are approved, including incidental impacts. [15A NCAC 02B.0506(b)(c)]] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Waters -Shading W-1 .04 (acres) 0 (areas) Plan Sheets Buffer- ZONE I S-1 9000 (sgft) 0 (sgft) Plan Sheets Buffer- ZONE 2 S-2 6000 (sgft) 0 (sgft) Plan Sheets FAIIIIIIISrF.Ra797tF.i(f.7t77:Y17S'f91A The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse Bow at non -erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 02B .0714(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B.0714(a)(1)(2). 4. No Waste. Sipoil. Solids. or Fill ofADy Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502). D_EQ� North Carolina Department of Environmental Quailty I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 �oM� / 252.946.6481 5. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of awaterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(01 6. Marina Projects Any marina project that proposes to dispense or store fuel shall adhere to an EPA -approved Spill Prevention Control and Countermeasure (SPCC) plan, and this plan should be provided to this Office before fueling facilities are constructed. 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers in order to assure compliance for future wetland, waters, and buffer impact These mechanisms shall be put into place prior to impacting any wetlands, waters, and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetland Unitwebsite at hm/%deo,_Sgov/abort/d' 'on �wate so rces t r �I'ty p rg mtting/401 h fF-tt'ng-branc -appf' bon. The text of the sample deed notification may be modified as appropriate to suit the project B. Buffer Establishment Around Basins New boat basins (such as the one you are proposing to construct) are considered by DWR as a modification of the existing shoreline. As such, a 50-foot buffer that meets the requirements of Sections (4) and (5) of 15A NCAC 02B.0714 must be established around the newly created shoreline. You are required to establish a new buffer around the shoreline of the basin. All associated upland development (such as parking lots, buildings, etc.) and any new impervious surfaces shall not be located with the newly established buffers or any other existing protected buffers unless authorized by permit 9. Marina Water Quality Monitoring The permittee shall begin monitoring water quality of the basin upon connection of the basin with the Neuse River. Monitoring is to be conducted twice per month during the months of June, July, August, and September. Measurements are to be taken at three (3) locations within the water column for each monitoring site. Measurements should be taken near surface, mid -water column, and one foot above bottom. The permittee is required to submit a site monitoring plan to the Washington Regional Office for approval before the start of any required monitoring. The monitoring plan should include a map showing the locations of proposed monitoring sites. Parameters for the monitoring plan should include, but are not limited to, Dissolved Oxygen (DO), pH, Temperature, Salinity, and Conductivity. Weather conditions should also be documented and include wind direction, wind speed, and ambient air temperature. Monitoring shall be conducted for three (3) consecutive years. Copes of data collected are to be submitted to the Washington Regional Office before the end of the year in which data were collected. Calibration logs for monitoring equipment are to be available upon request 10. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 11. "Re -opener" Clause Burton Farm Development Company, LLC and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with Section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and Federal law. Burton Farm Development Company, LLC shall require its contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or Federal law is being violated, or that further conditions are necessary to assure compliance with such standards and requirements in accordance with 1SA NCAC 2H.0507 (d). Before modifying the Certification, DWR shall notify Division of Coastal Management (DCM) and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DCM in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project 12. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form mag VCt—I at htW-//wwwncoah com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. llifll66aa��t1 AUG 1 6 2021 D_EQ2� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall l Wa9[IRo46At�aiB + MHD 252.946.6481 99'�d 6655'' aaJJ��tt�V.. a�i Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Ifsending via delivery service (UPS Fed Ex, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Chris Pullinger at 252-948-3844 or dna.martin(alncdenr.anv if you have any questions or concerns. Enclosures: GC 4175 Certification of Completion cc: Sincerely, ROW T.u." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Small Harbor Investment, LLC (duckcreekmarina(algmail.com) Bobby Cahoon Construction(bobbycahoonconstruction@yahoo.com) Gregg Buchner, CAMA (via email) Brad Connell, CAMA (via email) Laserfiche/DWR file copy ECOVE® AUG 1 6 2021 VP SECTION MHO D E Q2� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Small Harbor Investments LLC LOCATION OF PROJECT SITE: The project is located adjacent to Duck Creek at 699 Galloway Road in Bridgeton, Craven County. Latitude: 3516'26.18"N Longitude: 771O'16.49"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 3/30/21 Was Applicant or Agent Present No Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 4/14/21 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Craven County Land Classification from LUP —Rural with Services (B) AEC(s) Involved: PTA, EW, CS (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — septic Planned -none (F) Type of Development: Existing — commercial marina basin Planned - marina basin expansion (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) High Ground 25,300 ft2 6,000 ft2 (E) Total Area Disturbed: 31,300 ft` (F) Primary Nursery Area: No (G) Water Classification: SC; NSW Open: No (H) Cultural Resources: None Proiect Summary: The applicant wishes to expand a marina basin within Duck Creek for commercial use in Bridgeton, Craven County. Field Investigation Report: Duck Creek Marina Narrative Description: The property is located adjacent to Duck Creek at 699 Galloway Road in Bridgeton, Craven County. This property is currently developed with a commercial 49-slip marina facility. The adjacent riparian properties are undeveloped. The elevation of the adjacent high ground of the parcel is approximately 8' above the normal water level (NWL). Vegetation on the parcel mainly consists of lawn grasses and pine trees. There are no Coastal Wetlands within the project area. The parcel has 400' of continuous shoreline along the Duck Creek entrance canal to the basin. Immediate offshore water depths adjacent to the parcel range from —2' to —7' NWL. The subaqueous substrate is soft without shell. This proposal is not located near a Federal Channel. There is not a cultural resource in the project area. This waterbody is approximately 70' across at this location. These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation was not observed at this location. This area is closed to shellfish harvest and is classified as SC; Nutrient Sensitive Waters. This parcel is within the Neuse River basin. Proposed Development: The applicant is proposing to excavate a basin at the entrance canal of the existing marina basin. This would involve the removal of approximately 25,300 square feet of high ground earthen material. The proposed basin would be 230' by 110' and connect to the -7' NWL depth contour. The adjacent high ground would then be stabilized with the construction of approximately 300' of vinyl bulkhead. The applicant is proposing to construct two additional docking facilities within the proposed boat basin. The proposed expansion would support an additional 39 new boat slips. Each of the proposed docking structures would be 6' wide and 125' long. There would be a 4' by 30' "T" platform at the terminus of both structures along with twelve 3' by 16' finger piers and 26 tie pilings to define the boat slips. Across from the proposed basin, the applicant is proposing 7 new boat slips in the southeast corner of the existing basin. These slips would be supported by three 3' by 16' finger piers and 7 tie pilings. A 5' by 64' staging pier is being proposed parallel and to the north of the existing entrance channel. Anticipated Impacts: It should be noted that this proposal would impose a new DWR 50' riparian buffer and Coastal Shoreline AEC onto the adjacent property. There is not a Federal Channel in the nearby vicinity of this proposed docking facility. There are no Coastal Wetland impacts proposed. This proposal should not pose a hazard to traditional navigation even though the proposed docking facilities would exceed '/< of the width of the expanded marina basin. Traditional marine construction Brad Connell May 12, 2021 Morehead City Field Investigation Report: Duck Creek Marina methodology would be utilized during the construction of this project. Temporary turbidity impacts are anticipated during the excavation activities adjacent to Duck Creek. Brad Connell May 12, 2021 Morehead City BOBBY CAHOON CONSTRUCTION, INC. 6003 Neuse Road Grantsboro, NC 28529 Phone 252-249-1617 / Fax 252-249-9884 Licensed and Fully Insured NCGC License #62120 Project Narrative Duck Creek Marina Improvements and Expansion 12/01 /2020 Duck Creek Marina 699 Galloway Rd. Bridgeton NC, 28519 Duck Creek Marina is a 50 Slip Marina located on Duck Creek, in the town of Bridgeton NC, which is in Craven County. The tract of land on which the marina facility is located is approx. 12.7 acres in size along with an adjacent 0.7-acre lot. This lot is currently graveled and being used for boat storage. The majority of shoreline on both properties is stabilized with bulkheading or rip rap. Adjacent properties are undeveloped. Duck Creek is a smaller tributary of the Neuse River. It has been designated as SC, SW, NSW by the NC Environmental Commission and as Inland Waters with jurisdiction lying with the NC Wildlife Commission. There was no submerged aquatic vegetation observed in the channel portion of Duck Creek leading into the Marina. Duck Creek is not a Primary Nursery Area. The Marina facility provides haul out services with a 35-ton travel lift and has a large repair yard for its customers. Duck Creek Marina has been in existence at this location since the early 1970's. In 1976, state and federal permits (Dredge and Fill Permit No.196-76) were issued to Duck Creek Marina and authorized the upland expansion of their existing boat basin. The permitted depth of the basin was -8' below normal water. Subsequent permit authorizations were obtained for the travel lift infrastructure and various sections of shoreline stabilizations and dredge maintenance. North West of the Marina complex (docks, marina office, storage building and storage yard) there exists an approx. 160' x 150' pond which was excavated during the initial construction of the marina facility. An approx. 4' high berm is located along the perimeter of the pond. Along the Eastern side of the property, an existing ditch runs the entire length of the property and ultimately discharges into Duck Creek. The purpose for applying for this major development permit is to seek permission for the improvement and expansion of the existing Duck Creek Marina. This project will require the construction of additional dockage and slips, excavation of a portion of the .7-acre tract in order to enlarge the entry canal to the basin along with installation of bulkheading. This will be broken into three phases listed in detail below. 1-tECEIVED APR 14 2021 OCNi-MHD ciTy Phase One: South East Finger Pier and Walkway Addition We will construct and install 3- TW x 16'L finger piers that will taper down to 18"W at the end. These finger piers will extend SW off the existing bulkhead and will have 7 outer tie poles approx. 30' out to create 7 additional slips. There will also be a 5'W x 641 walkway extending SE off the existing bulkhead and run parallel to the access channel. This will all be typical wood and timber framed construction with driven timber piles and be done by barge with an excavator and vibratory hammer. Phase Two: Excavation and Bulkheading We will excavate approximately 9,500cy of dirt on the south end of the property to achieve a depth of -7' from NWL along with a landward elevation of 2'-4' to be in keeping with prior dredging and excavation permits. This will open the entry canal to the existing basin and increase proper water flow as well as allow for future dockage. This will be dug from land with a long reach excavator where soil will be place in a dump truck to be relocated to the NW area of the property behind the office building and boat storage yard and placed in an existing man-made spoil pond. This pond was installed during the original basin dredge project. The work area will be fully surrounded with a salinity curtain along the water and silt fencing on land. AA water control will be placed in the berm and any dike work will be performed before excavation begins. All precautions will be taken as to not pollute the waters or soil with equipment contaminates. Once excavation is complete, we will install 30OLF of vinyl sheet pile bulkheading to stabilize the new shoreline which will tie into the S end of the existing bulkhead and continue in a SE direction running approximately 25' off of, and parallel to the property line. This will be done from land with an excavator and vibratory hammer. Phase Three: Construction of B and C Docks Construct and install two separate docks that will consist of a 6'W x 1251 main walkway, a 4'W x 301 finger pier on each side at the end and 3- TW x 161 finger piers on each side along walkway. Each pier will also have 26 outer tie poles creating 16 additional slips per dock. This will all be typical wood and timber framed construction along with driven timber piles and be done by barge with an excavator and vibratory hammer. Present status of the project: This is a fully operational marina and maintenance facility. No work pertaining to this project has been started at this time. 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. DECEIVED APR 14 2021 DCM-MHD CITY 6/15/2020 121-101 Galloway Rd, New Bern, NC 28560 to 699 Galloway Rd, New Bern, NC 28560 - Google Maps Go gle Maps 121-101 Galloway Rd, New Bern, NC 28560 to 699 Galloway Rd, New Bern, NC 28560 Drive 1.5 miles, 3 min Turn off of Hwy 55'n Bridgeton NC on to Gallaway Road beside the Food Lion Grocery Store and continue to the end tc find Duck Creek Marina Imagery @2020 Landsat/ Copernicus, Maxar Technologies, U.S. Geological Survey, USDA Farm Service Agency, Map data ©2020 1000 it via Galloway Rd n 3 min Fastest route � n A rn 1.5 mile:a � m N m Explore 699 Galloway Rd n o O https:/Iw .google.mm/maps/dir/35.121106,-77171113/699+Galloway+Rd,+New+BemtNC+28560/@35.1124605,77.0090076.3658m/data=!3ml!le3!4m9!4m8!lmO!lm5!lml!IsOx89a8celeb3eO5a... 1/2 3/4/2021. Yahoo Mail - Pre -Filing Meeting Request Submittal for Duck Creek Marina Pre -Filing Meeting Request Submittal for Duck Creek Marina From: laserfiche@ncdenr.gov To: bobbycahoonconstruction@yahoo.com Date: Thursday, March 4, 2021, 11:10 AM EST The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Duck Creek Marina that you submitted on 3/4/2021. Attached is a copy of your initial request. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. DWR Pre -Filing Meeting Request Form.pdf 50.6kB RECEIVED APR 14 2021 DCM-MND CITY 1/1 Contact Name * Derrick (pock Contact Emall Address* bobbycahoonconstruction@yahoo.com Project Owner* Small Harbour Investments LLC Project Name * Duck Creek Marina Project County* Craven Owner Address:* street Address 699 Galloway Road Address Line 2 UY State / Province / Fbgion Bridgeton NC Fbstaf / Zip Code 0buntry 28519 Craven Is this a transportation project?* C Yes F No Type(s) of approval sought from the DWR: W 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express r Individual Permit r Modification r Shoreline Stabilization Does this project have an existing project ID#?* r Yes c No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* Improvement and expansion of the existing Duck Creek Marina. This project will require the construction of additional dockage and slips, excavation of a portion of the .7-acre tract in order to enlarge the entry canal to the basin along with installation of bulkheading. Please give a couple of dates you are available for a meeting. 3/16/2021 3/23/2021 Please attach the documentation you would like to have the meeting about. DECEIVED APR 14 2021 DCM-MHD CITY Duck Creek Marina - Major CAMA permit application.pdf 1.55MB Duck Creek Marina - Major CAMA-Excavation R fill.pdf 831.671<6 Duck Creek Marina - Major CAMA- structures.pdf 1.06MB Pdf 0* By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 3/4/2021 DECEIVED APR 14 2021 DCM-MHD CITY ROY COOPER Governor DIONNE DELLI-GOTTI Secmian BRAXTON C. DAVIS Coastal Management ENVIRONMENTAL QUALITY April 22, 2021 The Sun Journal Legal Advertisement Section P.O. Box 1149 New Bern, NC 28563 Re: Public Notice — Duck Creek Marina Dear Sir/Madam: Please publish the attached Notice in the May 23, 2021 issue of the Sun Journal. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow Nothing Compares.` State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 1' NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the LAMA was received on April 14, 2021. According to said application, Small Harbor Investments, LLC proposes to expand its commercial marina basin in Duck Creek, adjacent to 699 Galloway Road in Bridgeton, Craven County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to June 14, 2021, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: May 23, 2021 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T ROY COOPER Gommor DIONNE DELLFGATPI Secretary BRAXTON DAVIS Director April 22, 2021 Small Harbor Investments LLC c/o James English PO Box 40 Bridgeton, NC 28519 Dear Mr. English: NORTH CAROLINA Environmental QuaRW The NC Division of Coastal Management hereby acknowledges receipt of Small Harbor Investments LLC's application for State approval for development of its property located adjacent to Duck Creek at 699 Galloway Road in Bridgeton, Craven County. It was received on April 14, 2021, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 28, 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 April 14, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. North Carolina Department of Environmental Quality I Division of Coastal Management 19, ®� �•Vw� Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 J Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 ao� O Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808 . � Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 1252264.3901. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies: Sincerely, Brad Connell Coastal Management Representative 1110 Enclosure CC: Roy Brownlow, District Manager Gregg Bodnar, Asst. Major Permits Coordinator Derrick Ipock, Bobby Cahoon Construction Inc. North Carolina Department of Environmental Quality I'Division of Coastal Management E�ZWashington Ofice1943Washington Square Mail IWashington. North Carolina 278891252.946.6481 ® Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1 910.796.7215 scam cam,,, Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 2528082808 ow.m,.nm r�.wimrmamm,� Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1252.2643901 i �i CAMA PERMIT APPLIED FOR PROJECT: Expansion of commercial marina basin 699 Galloway Road within. Duck Creek. COMMENTS ACCEPTED THROUGH June 14, 2021 APPLICANT: FOR MORE DETAILS CONTACT Small Harbor Investments LLC THE LOCAL PERMIT OFFICER BELOW: Brad Connell - DCM c/o James English 400 Commerce Avenue PO Box 40 Morehead City, NC 28557 Bridgeton, NC 28519 (252)808-2808 ext. 214 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Small Harbour Investments LLC Mailing Address: 699 Galloway Road iUewr�� NG 0 Phone Number: 252-638-1702 Email Address: duckcreekmarina@gmail.com I certify that I have authorized Bobby Cahoon Construction, Inc. to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: dock improvement and marina expansion at my property located at 699 Galloway Road, Bridgeton, NC 9 in Craven County. / furthermore certify that l 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: r% S� ure James English Print or Type Name General Manager Title 12 / 8 / 2020 Date DECEIVED This certification is valid through 12 I 8 / 2021 APR 14 2021 1CM-MHD CITY ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the beck of the mellpiece, or on the frortt If space permits. 1. Article Addressed to: 65 .-3-AaY.- - C. Diu h+A., ao,g Pr -es c --qLt Rd . nl-elJ &rh, ► )C a8S O nc.%CAA�(- Mgt. ❑ Agent D. Is deffmy sfJdressdlfferant from aem 17 ❑Yea If YES, enter delivery address below: ❑ No o, a ce l ❑ AdWm t SI neto rylcrl a® Expree D Pr ❑ red Reyelaed Mall- Ree0lCtatl DelMery ❑ gaole�ed Mall Rptrkted ❑ cmmW ❑ caroled Mal Reetrlotad Deb" ❑ D: Roe"for Elcolecton Delawy MerdrerWW ❑ Caoect m Ddwy Rseatolsd Dalvwy ❑ SIg aMe conhnmtbnm ❑ 81pneWnconRrretian 7020 1290 0001 6868 7663 Raaua,ted Davey ReNdoted D*My PS Form 3811, July 2015 PSN 7530-02-000 gm DomWlo Retum Receipt , i RECEIVED APR 14 2021 DCM-MHD CITY Mkya,- (16 MiA CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Small Harbour Investments LLC (Duck Creek Marina) Address of Property: 699 Galloway Road Bridgeton Craven County (Lot or Street *, Street or Road, City & County) Agent's Name #: Bobby Cahoon Construction, Inc. Mailing Address: 6003 Neuse Road Agent's phone #: 252-249-1617 Grantsboro, NC 28529 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. N you have objections to whatis beingproposed, you must notNy the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athtt.,IAvww.nccoastaimananementnetlweblcm/stefi-listing or by calling1.888-4RCOAST. No response Is considered the same as no objection t/ you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. PropertyAvKnerIn rrnatl1 n) UC t tors��hbj4 on�m��ao rt,,Lg�� S�ia( Harbour Investments LLC by Bobby Cahoon Construction, Inc. Print or Type Name 699 Galloway Road Mailing Address Bridgeton, NC 28519 Citylstatelzip 252-638-1702 Telephone Numberl Email Address 1-8-21 Date Iparl7nPr pe_ rty Oatvnor Information) ��� ?7, la1 u 9er ignature Print or Type Name Mailing Address 0e,\J RECEIVED Citylstatelzip APR 14 2021 Telephone Number Email Address tC Date r M-MMU CITY (Revised Aug. 2014) y ■ QomPlete Items 1, z, anc s. ■ prim your name and address on the reverse so that we can return the card to you. ■ Attach this card to the beck of the rnailpiece, or on the front 9 spaceace per n t - R; v ,.,s" , LL C P.O. (box )2.006 nl� "Ka NG 7020 1290 0001 6868_ 7670 pS Porm 3811, July W15 PM 76ID-M-000-soels enter delivery address below: Mcw Delivery Domesac Return Receipt RECEIVED APR 14 2021 DCM-MHD CITY NC Division of Coastal Management Cashier's Official Receipt Received From: Bo►-Iqy 14479 A B 6D Date: 3/1a 2041 $ y A:j - Permit No.: M Q t 0 r Check No..:: 38,5;to"► Applicant's Name: 7tA/.k rced- WaCrJAA County: CCA VeQ Project Address: (Aq G-t a I I ewau 'Rd. &idw-f in Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date: Craven County Geographic Information System Craven County does NOT warrant the informadon shown on this page and should be used ONLY for tax assessment purposes. This report was created by Caven County GIS reporting services on 6/30/2020 12:53:39 PM Parcel ID : 2-037 -034 Owner: SMALL HARBOUR INVESTMENTS LLC Mailing Address : PO BOX 40 BRIDGETON NC 28619 Property Address : 699 GALLOWAY RD Description: RIVERVIEW PK f �_ Lot Description : Subdivision Assessed Acreage : 12.710 Calculated Acreage: 12.710 Deed Reference : 3152-0620 Recorded Date : 12 18 2012 Recorded Survey : H-125-C Estate Number: Land Value : $455,970 Tax Exempt: No Improvement Value: $534,200 # of Improvements : 3 Total Value : $990,170 City Name : BRIDGETON Fire tax District Drainage District : Special District: Land use : REC - COMMERCIAL MARINA Recent Sales Information SALE DATE Sellers Name Buyers Name Sale Type Sale Price 12/18/2012 BENTON, GENE SMALL HARBOUR MULTI -PARCEL- $0 RICHARD ET AL INVESTMENTS LLC SALE' 6/13/2012 BENTON, RAYMOND & BENTON, GENE RICHARD STRAIGHT $0 ELLEN AGNES ET AL TRANSFER List of Improvements to Site Type of Structure Year Built Base Area 1st Floor Value GARAGES - SERVICE 1980 6000 $95.000 MARINA 2000 0 $374,400 SITE VALUE 1990 0 $64,800 REcEIvEt) APR 14 2021 ccM-MHO CITY NOR'TI I CAROLINA CRAVFN COUNTY Revenue Stamps:$0 AN ! -a. ftchard aealeter of oesde 152 Pa620 WARRANTY DEED Prepared by4manuel & Dunn. PLI.0 'lax ID # 2-037-034 and 2-037-067 No title examination performed. THIS DEED. made and entered into this _I0t, day of 1 e,,,,,V,_, 2012, by and bctwccn GENE RICHARD BF:NTON and wife MARY ANN BENTON. CHARL.ES FRANKLIN BFNTON and wife, LINDA L. BENTON, and ROBERT DELORME and wife, LAURA C. DELORME. parties of the first pan; and SMALL HARBOUR INVESTMENTS, LLC, a North Carolina Limited Liability Company, whose address is New Bern. NC 28562. party of the second pan: WITN 11SSF.TII: I I IA7' the panics of the first pan inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said parties paid by the party or the second pan, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain, sell, and convey unto the party orthe second part, said patty's successors and assigns, those certain properties being more particularly described by that SCHEDULE A which is attached hereto and incorporated herein by reference. 1 rul3ki-ZI.Mo000o '14+ A04VOM RECEIVED APR 14 '121 DCM—MHU CITY TO HAVE AND'10 HOLD said property and all privileges and appurtenance thereunto belonging to the party of the second part, said party's successors and assigns forever. AND the parties of the first part herein do covenant that said parties are seized of said premises in fee and have the right to convey the same in fee simple; that the same is free from encumbrances except any encumbrances or restrictions mentioned above and that said panics will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the parties of the first part have hereunto set said parties hands and adopted as said parties' seals the typewritten word "SEAL" appearing beside ouch of said party's names, this the day and your first above written. _r". (SEAT.) 6EXEE*A4 RICHARD BENTON iC33u�lh(SEA).) B Tlir�N ._.__(SEAL) CHARI,ES FRANKLIN BEN/TON Ll DA`L. B�E�NTON (SEAL) ROBER'1' DF.LORMF. AU �..l.t/__L4, (SEAL) 1.AURA C. DF.LORM • INAtle W 00OWa146Type: GAP Pape 2 of a aK3152 Pa621 RECEIVED APR 14 2021 DCM-IVHD CITY 11311111111111111111 IM698 10: 000002187407 Type: CRP Pape a of 9 BK3152Pa622 STATEOF _ L `K`7 1, QnJgNA W4Af&k a Notary Public in and for said County and State, do hereby certify that GENE RICRARD BF.NTON, being personalty known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 14 day of (7464e/ , 2012. — 6;; �--- T�otary Public Printed Name My Commission Expires: j AMAMA SARAN WARDAK Notify Public commonwealth Of Virginia 291775 My rnmmieslon Expires Dec 51. 2015 STA 11: OF � f n� : COUNTY OF =1 —/ '' n7�' 1, . A O A m,,.34 nal, k!4 Aa Notary Public in and for said County and State, do hereby certify that MARY ANN BENTON, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. /�/J W I"FNESS my hand and notarial seal, this the day of �h� , 2012. /�/, , - /J/ My Commission Expires:-Mi3/jw,,4_. WARDAKk Wrglnle1:M pep ai, 2073 RECEIVED APR 14 2021 DCM-MHD CITY �ri�rer�r�"T"'. W pqp 4 of 9 4152 pa623 STATE OF N COUNTY OF I nj p`r L C. l Aio-f\ , a Notary Public in and for said County and State, do hereby certify that ARLES FRANKLIN BEN ION, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 3_' day of'D<< 2012, My Commission Expires: STATE OF COUNTY OFF 1, la4 (�*1- 4}a a1 a Notary Public in and for said County and State, do hereby certify that LINDA L, BENTON. being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal. this the 3`4day of `J)< 0- _.2012. I` JN.71 ?O*1ARr lotary *ahlic �0 PUBV Notary My Commission Expires:-_? {DECEIVED APR 14 2021 DCM-MHD CITY I®�11111i11111i11 pp �6 nt e 4152 424 STATL OF C COUNTY OP w G�cn I �pi <<:�� ai*G a Notary Public in and for said County and State, do hereby certify that ROI3ERT DELORME, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. Wll'NhSS my hand and notarial seal, this the L� day of -De` r 114012 Notary My Commission Expires:. 1- L$ -0 — STATE 01: _ N� COUNTY OF C woc� ,-VAR), I �QG {- L(; L�-�At-'+� , a Notary Public in and for said County and State. do hereby certify that AURA C. DELORME, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 3- 4 day of Notary My Commission Expires: Z-iX_ �% ,.._..._. O'tARy � U RECEIVED APR 14 2021 DCM-MHD CITY TRACT I: 1=0,ID; 111� 740MyIyP.: OW pip. 6 oT 0 5CHEDULEA aK3152�625 All that certain tract or parcel of land lying and being situate in Number Two Township, Craven County, North Carolina, and being more particularly described as follows: Being a portion of Tract No. 9 of Wyatt Place - Riverview Park as shown and delineated on a map recorded in Map Book 2, page 130, in the office of the Register of Deeds of Craven County and being more specifically described as follows: Beginning at an iron pipe in the line dividing Tract No. 9. of Wyatt Place - Riverview Park and Tract No. 8 of Wyatt Place - Riverview Park, both as shown on the aforesaid map, said iron Pipe being boated at the Of Caia line and Duck Creek. Thence from this point of beginning so located along the line dividing said tracts North 260 37' West 2799.19 feet to an iron pipe; thence South 63° 43' west 250 feet to an iron pipe in the southern line of Tract No. 91 thence along and with the southern line of Tract No. 9 South 26" 37f Bast 2522.38 feet to an iron axle; thence North 56- 23' Bast 50.38 feet to an iron pipe; thence North 260 37' West 61.41 feet to a point; thence North 81" 9' Bast 134.91 feet to a point; thence South 22° 16- test 268.66 feet to a point marking the inter- section of the channel of a canal and Duck Creek; thence up and with Duck Creek North 73" 39 " East 94.94 feet to the point of beginning. Being the property depicted as Parcel "A" on a map entitled "Survey and Division of Wiley Nelson band for Raymond Ben On said map being recorded in Plat Cabinet' , Slide 5 , in the. office of the Register o eeds ofen County. TOGETHER WITH a non-exclusive easement and right-of-way over the easement described by Deed Of. Easement recorded in Book 1892, Page 2�ti:5 in the office of the Register of Deeds of craven County, reference to said Deed of Basement being hereby made for a more perfect description of Same and together with adjacent riparian rights in and to Duck Creek. ;ECEIVE® APR 14 2021 DCM-MHD CITY THIS CONVEYANCE IS MADE SUBJECT TO'TBB POLLOWING COVBNANTS, CONDITIONS, RESTRICTIONS, AND AGREEMENTS which shall run With the land herein conveyed and shall also attach to and run with the land de cribed on the pap recorded In Plat Cabinet Slide I a5 h , in the office of the Register of Deeds of Craven County as Parcel "B", whether or not same shall be specified in pnp deeds to said property: (1) The "Canal" connecting the "Basin" with Duck Creek, and the "Basin" both of which a e shown on e.map recorded in Plat Cabinet , Blida 35, in the office of the Register o Deeds of Craven County is for the joint use of the owners of Parcel "A" and Parcel "B". 'No person shall construct any pier, dock or other conairuction which protrudes into said Canal and no boat of any type whatsoever shall be tied, moored, anchored, or docked in sald'Canal or the entrance to same. . . (2) The owner(0). of Parcel .!'A"a*fParcel "B" shall have 'the right.,to{.expanfl tt{p*aforesaid. Basin by digging -or excavating vn'the'lands" ' belonging to such owner{s). (3) The owner(s) Of Parcel "A" and Parcel "B" shall each have the right to dredge the Basin and Canal, providing that.all spoil from such dredging is deposited on the lands of the persons doing such dredging or consenting thereto. For the purposes of any such dredging the person doing same shall have the right and license to travel on the property adjacent to the area being dredged provided that no damage is done to any structures and that the conditio 'of the premises is rendered the same as when such dredging began. 1111 1111HU7y11111 ]=A@ I0: 000WYP87491 , CaD Im 152 P-626 RECEIVED APR 14 1021 DCM-MHD CITY TRAM 11; Lyigg,. aittiate, and be•ing In Number•TWo {,yj Township, '6lrayen County, North Carbl-Ins, betwean North. Carolina tfighway No. 55 pad, Dwelt Cspecifically Creek, and'being mare described' ih dete �.l':Mg"EbSlgwa't: ERCiNNPtjC at a'point whlck W'eha 1011oviag'6duree'and 'distance from the, sotith>jstern corner. 9 Tracts .#9 -pqd• #510� pf 'R19e1•ittew �•P,ark, a °�P.' 41 �tai¢hr�q•kJacgr4'de-40'thp afflee, hf the•R0 LeteY of Debds, Craven C{Wotp;r NdrCil Cai?bfi Ad', • is •8odli ,2 j Page, 190'; {ilduth' 2V 31 ° ,.ega't:) 95. 0•fact afayig the". heEividing`lida"of Tra6ts#9'and'#10,; said t40,4tthFas P�pxq eprner gg Ti• Cts #9,and' iF10,; being, 1pea tqd in the edatern•�line A �jolrtl DarBtine. Utov4i Nb;, 55J tiiea�e EYam this . . be ipti.IAg;'south 'IV 3V Begat, 2630'fee't„move or IBea, along the d i614.1sg Adine of said Tracts #9'and #1'0 ,to Duck Creek; thence '. ngYthIy eltengDac.$;"OtsAk i'q the 8odthex-h'd lntei^o€ T'raNia#8'6f ,. 9x"vety�@w. Patki thence.porih 26' 31 minutes West, 2650 feet more or ices," oqp, Yhr dividing line of said Tracts #°$•avid-49l :thence noun., td.'tfi'e'pglnfi, 'of .beg}q,}fng €a the dividing' -ling of 'Tracts #9 and 010•. of'•RIverview Park: .. ,•,o. Being .that saiue prdperty conveyed 'by Clarence Vera'P. Phillips, :to Wiley Naloon b de Q 42t@d- 8e kuary 1,2, 19b9F acid Ae;d'd' gPpta'R � 1�. �� f. , ng'nf record in,8adk � a•G rage 12 in tha office of••tha' Registpr of heeds of Grav@n Ounty. Being also patt of that sane' propert'y'aonveyed by V. V.' 'ls�ians at 41. to'Wiley Nelson by' deed dated Aril.29, 1959, said A ad 'sp caring of'r�C'oid In- Sack 616,', at.'Pagc'1§ 194 the'dfficd of `the liIgiste of `'Hegd'o-Z Graven e6uAty., . TNBR2 •fi Bl(P t&Y UOBLth FOR 41116 ,¢61ftY0CS,` libWBVSR, aLl .that . aame propert'ae Conveyed by•F111. Nelson and wife"to Raymond'H.' '$eotod esd tlid 64y y.decd, Acted Augdet 18, 1916�'ah5i1'deAd. appedring of record in Sock 872 at Page 848 in the• df#ice it file Regislet of, 1laeda of �ravk County. ifie's�id pMopakty, ptd)!eifY conveyed 1b,arrthat`�atl'e pta(Serty ae ia`4. more fully shown and .described Ab Parcel "B" on'the,mop..ant`itled '- "Sutivey and "Dlvio4 A7 DL" Wiley Nel'edn )64h ': `&f' Raynlbnd BoukarE',' adid. .tap ,being recorded in Platt Cabinet'A at Slide 135A,' in the office' of the Regiktar of Dead's :o£ Craven County i'-*and' to :whloh' tbi'e'redea is h-e-hv IDAdd. ' taws Ia° oomotPP� a of 5. CW oK3152 Pa627 DECEIVED APR 14 2021 DCM-MHD CITY rIW11N1d1ly1p1111 Pape a of B t OW sK3152 PG628 Th'is•dgaveyanaeiA also made expretsly sugj'eot'ali restricEive '064enaete of. teQoiH, ineluding thbiie he appear tin the deed dated .Aogaet 22, °1$50, fret Riverview.Pa`rk, Incorporated to .014rende J: " Phcliipo AM'vife, said deed appedring.df reCbrd''iti -Book 445 4t Page" :205 in the pfkice. of the Register of Deeds of Craven County, and, the same Is-focorperated 'herein 6y refe'renaer _&re is also hate6y conveyed all ri'ghr; t'itle.; and'1i}"Test nF Viley Nelsod and wife, Vera Ann getse`n, do ehd-to-th'it kertaiAt ' easement or vight•-of�:way a9 conveyed by Heenan Rdwards and wife by •t deed" Wkesetikht, dated August 16) 1976, ta'Wiley Nejoon,.said deed• • being;nF recdvd itl:i A1372 at Page 845 in the o9giee'of;the -Registee of fte .'craved IIounty. Reference to- said deed of easement is hereby 'We for a wore'parfdct da4criptfan ,of 0h0 acme,•' and together with xlte adjacent' riparion'riguta in And to Duck•• :6reak:.. . Further, there is hereby..ponDeyed a1'I right, titl'e, and `interest of thQ grantors h'exein, including Any rights reserved or granted "under the deed referred .U*bereinab6ve dated Aa$ust•.18, 106, prom Wiley Nelson 4nd'wife to 'Raymond B. Benton,'said-deAd appp'��acing of record in Book 872 at Page 844, in the canal codnsdti,ng khe basin with Dl�ek Creek and the basiat, both of which are shown on the sap referred to hereiitabove, And •anyr'riparian. rights of fbe•pertiea, mere re "in. end tb Auck Creek. .. ., .. RECEIVED APR 14 2021 DCM-MH D CITY BOBBY CAHOON CONSTRUCTION, INC. 6003 Neuse Road Grantsboro, NC 28529 Phone 252-249-1617*Fax 252-249-9884 Licensed and Fully Insured NCGC License #62120 April 8, 2021 NCDENR Division of Coastal Management c/o Brad Connell 400 Commerce Avenue Morehead City, NC 28557 Mr. Connell, Enclosed you will find the Major CAMA permit application for Duck Creek Marina. If you haven't already, please disregard the 1 n set of paperwork you received. This set includes the revised Project Narrative and any other updates needed, as best as we can determine. Please let us know if you need anything else or have any questions. Thank you, Deborah RECEIVED APR 14 2021 DCM-MHD CITY ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Small Harbor Investments LLC Date: 4/22/21 Project Site County: Craven Staff: Brad Connell District: Elizabeth City Washington ®Morehead City []Wilmington Project Name: Duck Creek Marina expansion Date of initial application submittal (EX: 1/8/2007): 3/4/21 Date application "received as complete" in the Field office (EX: 1/8/2007): 4/14/21 Permit Authorization: CAMA ❑Dredge & Fill JDBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ZYes ❑No Photos Taken: Yes NoZ Setback Required (riparian): ZYes ❑ No Critical Habitat: ❑Yes No ZNot Sure 15 foot waiver obtained: Yes ZNo Hazard Notification Returned: ❑Yes ®No SAV: Yes No Not Sure Shell Bottom: Yes No ❑ Not Sure Temporary Impacts: ®Yes ❑Nc Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP: ❑Yes ®No Mitigation Required (optional): ❑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) 0 Nutrient Sensitive Waters (NSW) Swamp Waters (SW) El High Quality Waters (HQW) ❑ Outstanding Resource Waters (OR" WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) Ll (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis 0 (SC) Bullrush or three square (Scirpus (TY) Cattail (fypha sp.) spicata) sp.) (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't 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 ❑ Permit Transfer - $100 ❑ I II(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - Lj II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Duck Creek marina Date: 5/12/21 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Pier 1 New Work ® Replace 4' 195' Maint ❑ ❑ Y ON Platform 1 New Work Replace 15' 15' fixed Maint ❑ ❑ Y ® N Boat Lifts 1 New work Replace 13' 13' Maint ❑ ❑ Y ON New wo k= Replace Maint ❑ ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Hervey Date: 5/12/21 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 1,174 ftz 1,174 it= Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 ROY COOPER Governor DIONNE DELLFGATTI BRAXTON DAVIS Director May 12, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(@NCDEN R.gov SUBJECT. CAMA/Dredge and Fill Application Review Applicant: Small Harbor Investments LLC Project Location: 699 Galloway Rd, Bridgeton, Craven County Proposed Project: Expand Marina in Duck Creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by June 9, 2021. If you have any questions regarding the proposed project, contact Brad Connell 252-808-2808. 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 NAMI AGENCY SIGNATURE DATE 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. North Carolina Department of Environmental Quality I Division of Coastal Management �E Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252808.2808 DCM Coordinator: Gregg Bodnar Distributed Yes® No ❑ S►1AV H bW-TnvvrAMy\+5 LL(- 61 �aIram'-I AGENCY WARD LPO GW,I,RCI Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - Tom Steffans—(Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Beaufort Carteret, Craven, Eliz Lee Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley itenee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding Jimmy Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Robb Mairs (Carteret New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARO) Maria Dunn (WARO) WRC (NC DOT) Travis Wilson Travis Wilson D:\Amanda\Amanda\Major Permit Processing\2021 Admin forms\Distribution our office\Comment Sheet - sending for comments.docx Revised: 5/7/2019 Natural Heritage Program I Rodney Bulter I Rodney Bulter 1 Applicant: Distribution Date: D:\Amanda\Amanda\Major Permit Processing\2021 Admin forms\Distribution our office\Comment Sheet - sending for comments.docx Revised: 5/7/2019 DCM MF4 APPLICATION for MFdor Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (Kapplicable) Duck Creek Marina Duck Creek Marina Improvements and Expansion Applicant 1: First Name -" I act Name Small Harbour Investments LLC Applicant 2: First Name If additional applicants, please attach a Mailing Address 699 Galloway Rd ZIP Country 28519 1 us Street Address (6 different from above Email duckcreekmarina@gmail.com state 9eton NC \\.^ FAX No. to ZIP 2. Agent/Contractor Information Business Name Bobby Cahoon Construction Inc Agent/ Contractor 1: First Name MI Last Name Derrick (pock Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 6003 Neuse Rd Grantsboro NC ZIP Phone No. 1 Phone No. 2 28529 252 - 249 -1617 ext. 252 - 229 - 4021 ext. FAX No. Contractor# 252 249 9884 62120 Street Address (d different born above) City State R E C E V C D Email MAR 0 4 2021 bobbycahoonconstruction@yahoo.com <Form continues on back> DCM-WARChECEIVED MAR 10 2021 252-808.2808 :: 1-888-4k .ST :: www.nccoastaimanagement.neDCM-MHDCITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven 699 Galloway Rd Subdivision Name City State Zip Riverview Park Bridgeton NC 28519 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 638 -1702 ext. 699 Galloway Rd, 680 Galloway Rd, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Duck Creek c. Is the water body identified in (b) above, natural or manmade? it. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Bridgeton 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approx 2000 LF 585,316 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 12.71, .727, 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8' ❑NHW or ®NWL e. Vegetation on tract Grass Lawn, Tres, Wetland f. Man-made features and uses now on tract Bulkhead, Docks, Commercial Marina, Parking Area, Storage Area, Building, Garages, Travel Lift g. Identify and describe the existing land uses adfacent to the proposed project site. Code 300 VACANT-MAPPED/PLATTED/DEVELOPE , 330 VACANT -TRACT SUITABLE COMM DEV , Presently Undeveloped h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Rec- Commercial Marina (Attach zoning compliance certificate, it applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. {y�r Is the proposed project located in a National Registered Historic District or does it involve a ❑Yeel E National Register listed or eligible property? V "'(f-calVED MAR 0 4 2021 <Form continues on next page> MAR 10 2021 DCM-WARD DCM MI1)'W 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic Tanks o. Describe existing drinking water supply source. City and Well p. Describe existing storm water management or treatment systems. Sheet Flow 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial Marina c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Excavation of a portion of property to be done by land with an excavator and dump truck. Installation of additional Bulkheading to be done by land with an excavator and vibratory hammer, Construction of additional dockage and boatslips to be done by barge with excavator with a vibratory hammer along with typical power tools. Equipment is to be safely on land or on a barge with proper containment materials on hand. d. List all development activities you propose. Excavation, Bulkheading, Dock installation e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project! 0.63 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONo ❑NA that the public has established use o% h. Describe location and type of existing and proposed discharges to waters of the state. Excavated material will be transported by land to an existing man made pond. Overflow waters in the pond will be discharged into an existing ditch which ultimately empties into Duck Creek. I. Will wastewater or stomrwater be discharged into a wetland? Oyes ONFERIPIVED If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑N N j. Is there any mitigation proposed? []Yes ON ❑NA 2021 If yes, attach a mitigation proposal. <Form continues on back> RECEIVED IAA 1 n Z021 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently 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. a. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name John W Taylor- Manager- Rivershore LLC Phone No. 252-633-5106 Address PO Box 12006 New Bern NC 28561 Name Jeanette E Hunter Phone No. Address 808 Prescott Rd. New Bern NC 28560 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Dredge and Fill Permit #196-76 (and subsequent Major Development Excavation and Fill Permit #18-13 modifications) 401 WOC GC3900 DWO Project # 12-1110 h. Signed consultant or agent authorization form, if applicable. i. Wetland 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certi th t the information provided in this application is truthful t the best ofjrrl knowledge. Date 1 Print Name Yfl r Signature RECEIVE D Please indicate application attachments pertaining to your proposed project. MAR 0 4 2021 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development DCM-WARO ®DCM MP-4 Structures Information RECEIVED MAR 10 2021 252-808-2808 :: 1-888-4RCOAST :: www.nccoasta lmanagement. net D,:M-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 230 Width 110 Avg. Existing +3 NA NA Depth Final Project -7 NA NA Depth 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. Sand, Mud 6560 c. (i) Does the area to be excavated include coastal wetlands/marsh d. (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 ENone (ii) Describe the purpose of the excavation in these areas: Enlarge the existing boat basin for additional dockage and unrestrict water flow. High -ground excavation in cubic yards. 2811 2. DISPOSAL OF EXCAVATED MATERIAL [I This section not applicable a. Location of disposal area. b. Dimensions of disposal area. On Site- Behind boat storage area in a man made spoil containment pond c. (i) Do you claim title to disposal area? EYes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (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 ENone (ii) Describe the purpose of disposal in these areas: Fill in a previously permitted pond that is separated by uplands from any adjacent wetlands and has no direct connections to wetlands or water areas II.4Ci1-11➢ d. (i) Will a disposal area be available for future maintenance? EYes ❑No ❑NA (ii) If yes, where? On site f. (i) Does the disposal include any area in the water? EYeS []No ❑NA RECEIVED (ii) If yes, how much water area is affected? Excavated material will b")kReeit4inM�tisting man-made pond which has no direct connection to adjacent waters DCM—WARD RECEIVED 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net MAR 10 Z021 revised: 12/26/06 DCM-MHD CITY Form DCM MP-2 (Excavation and Fill, Page 2 of 3) ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: 309 c. Average distance waterward of NHW or NWL: 0 d. Maximum distance waterward of NHW or NWL: 2' e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12 Vinyl Sheet Pile months? []Yes ®No ❑NA (ii) If yes, state 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 0 Riprap _ NA Breakwater/Sill_ Other_ i. Source of fill material. NA 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No [I NA b. (i) 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 (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Material will be place in an on site in an existing bermed man made Excavator, Dump Truck pond //���11`� �,�(� c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be cros��y@1 Ifar6pbNZQipment to project ❑Yes ®No ❑NA site? []Yes ®No LJNA (if) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps thatff�pe"n' g ��oid or minimize environmental impacts. eenenirE1) I Project Name r14CA MAR 10 2021 Date Duck Creek Marina Improvments CITY Applicant Nam 252-808-2808 :: 1-888.4RCOAST :: www.ncco,as-tal-management.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature RECEIVED RECEIVED MAR 10 2021 MAR 0 4 2021 DCM-MHD CIT bcW--vVARo 252-808-2808 :: 1.888-4RCOAST :: w .nccoastalmanaaement.net revised: 12/26/06 'form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/madna: ®Commercial ❑PublictGovernment ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes []NO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii)Number 2 If yes: (III) Length 6 (ii) Number 12 (iv) Width 125 (iii) Length 3 (v) Floating []Yes ®No (iv) Width 16 (v) Floating ❑Yes ®No e. (i) Are Platforms included? []Yes ®No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (h) Number (ii) Number (iii) Length (III) Length (iv) Width (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 39 ❑ Full service, including travel lift and/or rail, repair or (if) Number of slips existing maintenance service 49 ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips") only, number of slips: 39 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: ® Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: 26 m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 60 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed Types RECEIVED MAR 0 4 2021 DCM-WARO I. (i) Will the facility be open to the general public? ®Yes []No RECEIVED MAR 10 2021 DC"HD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. Disposal Offsite c. Describe the disposal of solid waste, fish offal and trash. Dumpster d. How will overboard discharge of sewage from boats be controlled? Holding Tank on Vessel e. (i) Give the location and number of "No Sewage Discharge" signs proposed. NA (ii) Give the location and number of "Pumpout Available" signs proposed. 0- No Pump Out f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? NA h. Give the number of channel markers and "No Wake" signs proposed. 0 I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live -aboard dockage? No live aboard k. Describe design measures that promote boat basin flushing? The proposed excavation will open the existing accsess canal to promote increased water flow and flushing. RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? Travel Lift, Repair and Maintenance, Dockage 11114 r 2*Cp, m. Is the marina/docking facility proposed within a primary or secondary nursery area? DCM— Y 1�tY AqQ 10 202 ❑Yes ®No DCM-MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaggment.n_et revised: 12/27/06 Forth DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ONO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. 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 structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAR 0 4 2021 DCM-WARO RECEIVED MAR 10 2021 DCM-MHD CITY 252-808.2808 :: 1-888.4RCOAST :: www.nccoastahnanagement,ne[ revised: 12/27/06 Fornd DCM MP-4 (Structures, Page 4 of 4) • a. Proximity of stmcture(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. left side 17', right side 25' 35' Note: For buoy or mooring piling, use are of swing including length of vessel. c. Width of water body 190, e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL T 8. OTHER ❑This section not applicable a. Give complete description: Date Project Name Duck Creek Marina Imporovments Applicant Name Applicant S' ature RECEIVED MAR 0 4 2021 DCM-WARO RECEIVED MAR 10 2021 DCM-MHD CITY 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanavement.net revised: 12/27/06 BOBBY CANOON CONSTRUCTION, INC. 6003 Neuse Road Grantsboro, NC 28529 Phone 252-249-1617/ Fax 252-249-9884 Licensed and Fully Insured NCGC License #62120 Project Narrative Duck Creek Marina Improvements and Expansion 12/01 /2020 Duck Creek Marina 699 Galloway Rd. Bridgeton NC, 28519 Duck Creek Marina is a 50 Slip Marina located on Duck Creek, in the town of Bridgeton NC, which is in Craven County. The tract of land on which the marina facility is located is approx. 12.7 acres in size along with an adjacent 0.7-acre lot. This lot is currently graveled and being used for boat storage. The majority of shoreline on both properties is stabilized with bulkheading or rip rap. Adjacent properties are undeveloped. Duck Creek is a smaller tributary of the Neuse River. It has been designated as SC, SW, NSW by the NC Environmental Commission and as Inland Waters with jurisdiction lying with the NC Wildlife Commission. There was no submerged aquatic vegetation observed in the channel portion of Duck Creek leading into the Marina. Duck Creek is not a Primary Nursery Area. The Marina facility provides haul out services with a 35-ton travel lift and has a large repair yard for its customers. Duck Creek Marina has been in existence at this location since the early 1970's. In 1976, state and federal permits (Dredge and Fill Permit No.196-76) were issued to Duck Creek Marina and authorized the upland expansion of their existing boat basin. The permitted depth of the basin was -8' below normal water. Subsequent permit authorizations were obtained for the travel lift infrastructure and various sections of shoreline stabilizations and dredge maintenance. North West of the Marina complex (docks, marina office, storage building and storage yard) there exists an approx. 160' x 150' pond which was excavated during the initial construction of the marina facility. An approx. 4' high berm is located along the perimeter of the pond. Along the Eastern side of the property, an existing ditch runs the entire length of the property and ultimately discharges into Duck Creek. The purpose for applying for this major development permit is to seek permission for the improvement and expansion of the existing Duck Creek Marina. This project will require the construction of additional dockage and slips, excavation of a portion of the .7-acre tract in order to enlarge the entry canal to the basin along with installation of bulkheading. This will be broken into three phases listed in detail below. j4E�E1VE0 RECEIVED MAR 0 4 2021 MAR 10 2021 DCM-MHD CITY dCM-WAR® Phase One: South East Finger Pier and Walkway Addition We will construct and install 3- SW x 16'L finger piers that will taper down to 18"W at the end. These finger piers will extend SW off the existing bulkhead and will have 7 outer tie poles approx. 30' out to create 7 additional slips. There will also be a 5'W x 64'L walkway extending SE off the existing bulkhead and run parallel to the access channel. This will all be typical wood and timber framed construction with driven timber piles and be done by barge with an excavator and vibratory hammer. Phase Two: Excavation and Bulkheading We will excavate approximately 9,500cy of dirt on the south end of the property to achieve a depth of -7' from NWL along with a landward elevation of 2'-4' to be in keeping with prior dredging and excavation permits. This will open the entry canal to the existing basin and increase proper water flow as well as allow for future dockage. This will be dug from land with a long reach excavator where soil will be place in a dump truck to be relocated to the NW area of the property behind the office building and boat storage yard and placed in an existing man-made spoil pond. This pond was installed during the original basin dredge project. The work area will be fully surrounded with a salinity curtain along the water and silt fencing on land. AA water control will be placed in the berm and any dike work will be performed before excavation begins. All precautions will be taken as to not pollute the waters or soil with equipment contaminates. Once excavation is complete, we will install 30OLF of vinyl sheet pile bulkheading to stabilize the new shoreline which will tie into the S end of the existing bulkhead and continue in a SE direction running approximately 25' off of, and parallel to the property line. This will be done from land with an excavator and vibratory hammer. Phase Three: Construction of B and C Docks Construct and install two separate docks that will consist of a 6'W x 1251 main walkway, a 4'W x 301 finger pier on each side at the end and 3- 3'W x 161 finger piers on each side along walkway. Each pier will also have 26 outer tie poles creating 16 additional slips per dock. This will all be typical wood and timber framed construction along with driven timber piles and be done by barge with an excavator and vibratory hammer. Present status of the project: This is a fully operational marina and maintenance facility. No work pertaining to this project has been started at this time. RECEIVED RECEIVED MAR 10 2021 MAR 04 Iri DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Small Harbour Investments LLC Mailing Address: 699 Galloway Road A C' d85�o Phone Number: 252-638-1702 Email Address: duckcreekmarina@gmail.com I certify that I have authorized Bobby Cahoon Construction, Inc. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: dock improvement and marina expansion at my property located at 699 Galloway Road, Bridgeton, NC in Craven County. I 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: Siure James English Print or Type Name General Manager Title 12 / 8 / 2020 Date RECEIVED MAR 10 2021 DCM-MHD CITY RECEIVED MAR 0 4 2021 This certification is valid through 12 / 8 / 2021 DCM-WARO ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: MS.S r.e E NUh1.IAr .og Pres C.5ff n/-eL,) & r ti! A) C a 85Zo 0 G11 S Cn�a�C ❑ Agent D. Is delivery eddresi different from Item 1? ❑ Ye: If YES, enter delivery address below: ❑ No 3. Service Type ❑ Pdodty Mall Express® El Adult Signature 0 Registered MallTM III�IIIIII�IIIIIIII�IIIIIIIII IIIIIIIIIIIII III El Adult signature Restricted Delhrery ❑Deg Mail Restricted ❑ Certified Mall® ryred 9402 6039 0069 3824 39 Certified Mail ea Delivery o onnDeli Do ndeet tar9590 Meanis 2. Article Number (I ernter frem Bandica /ape)) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation- _... 7020 1290 0001 6868 _ 7663 Reetdcted Delivery 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PEN 7530-02-000-9053 Domestic Return Receipt RECEIVED MAR 0 4 2021 DCM-WARO RECEIVED MAR 10 2021 DCM-MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Small Harbour Investments LLC (Duck Creek Marina) Address of Property: 699 Galloway Road Bridgeton Craven County (Lot or Street #, Street or Road, City & County) Agent's Name #: Bobby Cahoon Construction, Inc. Agent's phone #: 252-249-1617 Mailing Address: 6003 Neuse Road Grantsboro, NC 28529 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing. with dimensions must be provided with this letter, I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athttn://www.nccoastaimanaaement.netlweb/cm/staff-listing orby calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) IED I do wish to waive the 15' setback requirement. MAR 0 4 2021 I do not wish to waive the 15' setback requirement. Propertv,OvKner Infq coati np) bl, �ob�6t�4aQ o�di,.�CcSwsT u SI gall /garbour Investments LLC by Bobby Cahoon Construction, Inc. Print or Type Name 699 Galloway Road Mailing Address Bridgeton, NC 28519 City/State&ip 252-638-1702 Telephone Number/Email Address 1-8-21 Date Cipari4nProperty Owner Information) , `' �/I/ L-- , h, 4Aa1ev ignature "30ti>, W Print or Type Name Mailing Address Nei �,eari too ti xs61 06,VState/Zip ti41-- 6�3—S-Iob Telephone Number/Email Address 10 - —c, > RECEIVED Date ftPR 1 0 2021 (Revised Aug. 2014 -MHD CITY s e ■Complete Items 1, 2, and 3. A. Signre X ■ Print your name and address on the reverse so that we can return the card to you. S. Received Uy ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Articl Addressed to: LT. Is livery address different from Item 1T ❑ YeE If YES, enter delivery address below: ❑ No R-, vAA.5"re. LL c p.0. (3mE 1 Dub Al �,, g ti, N c ass2o 1 2 3, Service Type ❑ Pdonty Mail EXPreas® ❑ Adett signature ❑ Registered M81rm III�III'I I'II I'IIII'lllIIIIIII IIIIIIIIIIIIIIII 0 Adult Sign❑❑ Certified McIRestricted eDal rY ❑ Return ReOWPt p�trlcted andise 9590940260390069382422 ElCoudiMo�iveryR..Delivery ❑signatereconfirmation*• - - - ❑ signature Con irmeton Resldoted Delivery 7020 1290 ❑001 6868 7670 Meted oa ivory PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; RECEIVED MAR 0 4 2021 DCM-WARD .--1 (RECEIVED MAR 10 2021 DCM-MHD CITY 6/15/2020 121-101 Galloway Rd, New Bern, NC 28560 to 699 Galloway Rd, New Bern, NC 28560 - Google Maps Google Maps 121-101 Galloway Rd, New Bern, NC 28560 to 699 Galloway Rd, New Bern, NC 28560 Drive 1.5 miles, 3 min Turn off of Hwy 55 in Bridgeton NC on to Gallaway Road beside the Food Lion Grocery Store and continue to the end to find Duck Creek Marina Imagery @2020 Landsat / Copernicus, Maxar Technologies, U.S. Geological Survey, USDA Farm Service Agency, Map data 02020 1000 ft via Galloway Rd p 3 min RECEIVED 1 Fastest route n m 1.5 miles q 4 z021 = o m Explore 699 Galloway Rg o m °ei'V�ARO v https.//www.google.com/maps/dir/35.12111 77.0071113/699+Galloway+Rd,aiJew+gam,+NC+28560/@35.1124605,-77.0090076,3658m/data=!3m Ill e314m914m8!1 m0!tm511 m111 sOx69a8ce1 eb3e05a... 112 Digitally signed by Dennis A. Fornes DN: cn=Dennis A. Fomes, o, w, email=ncsum@gm HR n,c=US Date: 2020.11.1910:1652 -05'00' 4. 0, \ ad ERCAVATED SPOOLS: 9500 CUBIC YARDS PROPOSED EXPANSION OF DUCK CREEK MARINA EXISTING AND PROPOSED CONDITIONS BRIDGETON, NORTH CAROLINA NUMBER ONE TOWNSHIP, CRAVEN COUNTY NOVEMBER 16, 2020 SCALE: 1" = 30' 0 13 30 60 90 HtIrtIVtu MAR 10 2021 SURVEY NOTES: I. REPORTED ELEVATIONS ARE IN FEEFABOVE NORMAL WATER LEVEL OF DUCK CYEE[. G DUCK CREM 2.MAIWABASINANDCREER BEDELEVATIONMWFEET'BELOWNOFJA"WATERLEM. EKI ABASIN 3. NO DEPTH SOUNDINGS HAVE BEEN MADE AT TMS TDAE. DEPTHS WERE TAKEN FROM HOTTOrM E TFEETBELOW CREM 4 PA LBOUNIIARY SURVEY AND SHORELINE SURVEY MADE BY DENNIS FORNES6 20i2. NORMAL WA'fERIRVEL OF DUCK ASSOCIATES.PROFESSIONALLANDSURVEYINGONII/14/2020.PLATPREPAREDBYSURVEYOR. (SEE SURVEY NOTES) S. PLAT IS PRELIMINIRY MID NOT SUITABLE FOR RECORDATION, CONVEYENCES, OR SRLP9. 4.39 .N L pBNOVFD) ,.aa Be G C(TO B, GNCBETE M \N :Y. 0 $ J}5OT m A •y.. ml. i i •-, Sill 4 i DCM-MHD CITY a t 2A(' rina Basin i 41 A t y �fi- p1 Excavate approx 9500 cy +' to an average 7' depth , Bulkhead Craven County GIS RECEIVED 04 2021 ow.o...vw..wr.w.w....r..s... +,o..... w.,.a wr.rwrartlrr ww.r rrwa..ri•fl rm�wr,wr MAR 10 2021 .ARO DCM-MHD CITY o Itt inch = 50 feet 1 S • • ir -, ", y r t+ _••� , Existing A- Doc ,, :' s .0 lf 4' {•t•, .Proposed B-Dock M . � t r s r + °s P0, < Drawing by Bobby Cahoon Construction for: iiiiiiiiiiiiiiiiiiiiiiiiiiiivropos Duck Creek Marina Proposed Marina Improvements " and Expansion ` t Not To Scale i r Llk \f . Proposed' South East: Addition a ar " r - • 4 - r Area 7 v - cavated _ Craven County GIS MAR 04 2021 12 RECEIVED Uf t:>cet=67fee as•«or`w...or....r r.�r•r.�ur..r«rrr.woYir r.. ^ram wr���r,.r>•.ar�tofar MAR 10 2021It "-`'J ARO DCM-MHD CITY Duck Creek Marina N Proposed New Finger Piers Marina Basin South East Corner Of Marina Rwieetl 20/24/19 Access Channel Duck Creek • • • • • • '• 41- T New 10" x 30' Mooring Pilings 15' 30' 30' 30' Ms. 3 New 11 /C 3' a 16' Pisan New 6' x 64' Finger Pier Replace Old Pier 96' Outer flinger piling and Inner pilings will be 10• x 25' bng and eadend spares 4' above deciding Channel sbe Ions b be 10•x 30' and extent a middle pilings will lie 8• x 20' ant be flush under dadinq pilings aamx 6' above OeGing Inside pilings to be 8' x 20' and extent spares 18• abov<4seeing ' 26' To Propersr Um ------------------------------ y y y y y y y y y------------------------------------------- '�CEIVED 0 4 2021 Er�RO This dreairg Is the eels aopeM of Oobl>r canoe. coeso-ucwn lnc. and a not Intended for use by any Parer enUry. RECEIVED MAR 10 2021 DCM-MHD CITY pa %N 11 • -7ECEIVED �.R 0 4 2021 -WARO 6- 3' x 16' Finger Piers 16- 14' x 30' Slips • Walkway 750 SF Middle Finger Piers 216 SF End Finger Piers 240 SF Total 1206 SF • RECEIVED MAR 10 2021 DCM-MHD CITY • 2- 4' x 30' Finger Piers Duck Creek Marina Proposed Middle Pier B-Dock • This drawing is the sole property of Bobby Cahoon Construction Inc. and is not intended for use by any other entity. • . 30' 28' 6- 3' x 16' Finger Piers 2- 4' x 30' Finger Piers 6' x 125' Walkwa 14 1a' Duck Creek Marina N Proposed Outer Pier 0' 8- 14' x 30' Slips C-Dock 8- 14' x 40' Slips 9ECEIVE6 Walkway 750 SF Middle Finger Piers 216 SF This drawing is the sole property of nn 8 2�21 End Finger Piers 240 SF Total 1206 SF Bobby Cahoon Construction Inc. and is not intended for use by any other entity. ARO • 0 • ' RECEIVED MAR 10 2021 DCM.MHD CITY Craven County GIS FP �=n County does NOT warm or Ne infarmetlon shown on she map and shoWppe used ONLY for bsassessment purposes. Printed on June 30. 2020 at 12:58:52 PM MAR 10 2021 1 inch = 496 feet ►N Parcel ID Owner: Mailing Address Property Address Description : Lot Description Craven County Geographic Information System Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. This report was created by Craven County GIS reporting services on 6/30/2020 r253:39 PM 2-037 -034 SMALL HARBOUR INVESTMENTS LLC PO BOX 40 BRIDGETON NC 28519 699 GALLOWAY RD 117120 RIVERVIEW PK Assessed Acreage : 12.710 Deed Reference: 3152-0620 Recorded Survey : H-125-C Estate Number: Subdivision : Calculated Acreage : 12.710 Recorded Date : 12 182012 Land Value: $455,970 Tax Exempt : No Improvement Value : $534,200 # of Improvements : 3 Total Value : $990,170 City Name: BRIDGETON Fire tax District Drainage District : Special District: Land use : REC - COMMERCIAL MARINA Recent Sales Information SALE DATE Sellers Name Buyers Name 12/18/2012 BENTON, GENE SMALL HARBOUR RICHARD ET AL INVESTMENTS LLC 6/13/2012 BENTON, RAYMOND & BENTON, GENE RICHARD ELLEN AGNES ET AL Type of Structure GARAGES -SERVICE MARINA SITE VALUE List of Improvements to Site Year Built 1980 2000 1990 Sale Type Sale Price MULTI -PARCEL- $0 SALE' STRAIGHT $0 TRANSFER Base Area 1st Floor Value 6000 $95,000 0 $374,400 0 $64,800 RECEIVED MAR 0 4 2021 RECEIVED MAR 1 0 202, DCM-WARO DCM-Aft) CITY AR NORI I I CAROLINA CRAVEN COUNTY Revenue Stamps:$0 t aaaLster of Doodt 20 WARRANTY DEED Prepared by4manuel & Dunn. PI.I.0 'I ax ID k 2-037-034 and 2-037-067 .No tide examination perjbi-med. THIS DEED. made and entered into this 10t, day of I r< Vc,. 2012, by and between GENE RICHARD DENTON and wife MARY ANN BENTON. CHARL.ES FRANKLIN BENTON and wife, LINDA L. BENTON, and ROBERT DELORME and wife, LAURA C. DELORMF. parties of the first pan; and SMALL HARBOUR INVESTMENTS, LLC, a North Carolina Limited Liability Company, whose address is o 1S�140 ,,p New Bern. NC 28562, party of the second pan: WII'N1:SSFTIL 'MAT the parties ofthe first part in consideration of the sum of Ten Dollars ($10.W) and other good and valuable considerations to said parties paid by the party of the second pan, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain, sell, and convey unto the party of the second part, said patty's successors and assigns, those certain properties being more particularly described by that SCHEDULE A which is attached hereto and incorporated herein by reference. 1 1�"Y-Zs91eoolxvio '�N �,W,%Ofj RECEIVED MAR 0 4 2021 DCM-WARO Y RECEIVED MAR 10 2021 DCM-MHD CITY TO HAVE AND'10 HOLD said property and all privileges and appurtenance thereunto belonging to the party ol'the second part, said party's successors and assigns forever. AND the parties of the first part herein do covenant that said parties are seized of said premises in fee and have the right to convey the same in fee simple; that the same is free from encumbrances except any encumbrances or restrictions mentioned above and that said parties will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the parties of the first part have hereunto set said parties hands and adopted as said parties' seals the typewritten word "SEAL" appearing beside cash of said party's names, this the day and year first above written. (SEAT.) GENE RICHARD BENTON (SEAL.) d AF1N BgIVTON (SEAL) CHA�RI,ESS FRA�N/KLI{N BENTON ` (SEAL) Ll DA L. BENTON .--[LsuAl n2�..... (SFAL) ROBER'1' DELORME / _� kJa2(04Q 2 e (SEAL) I.Al1RA C. DFLORMF ImaneIIINIIIIIIICOQUIIIIIIIIIIIIIIIIIIIIuuiII�IbII�IIIIINII l maae ID'. oa000z Page 2 roue: cRP Pefw 2 of 9 ax3152 Pa621 RECEIVED RECEIVED MAR 0 4 2021 MAR 10 2021 DCM—WARD DCM-MHD CITY 1.0901; 00MO 187487 yp.: htllllll� tmeae to: 000ao2rntae7 rvPa: CRP Pape 3 aT B w3152 PG622 SfAI-EOF _I('( ,,'- COl1NfY OF 11 �n9Aatit WAfGtL�k.. , a Notary Public in and for said County and State, do hereby certify that GENE RICHARU BENTON, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the I4 day of 02b,41i/ , 2012. My Commission Expires: Notary Public Printed Name =SARAHARDAKAromaf STA 1 E OF - ! r a Dbo 31. 2013 COUNTY OF -,Eq�--y I,.A nkllfdVa Notary Public in and for said County and State, do hereby certify that MARY ANN BENTON, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. /� WI�TIESS my hand and notarial seal, this the tday of QC #!iW , 2012. My Commission Expires: )—AI31I J- My ComCAoNmmGlamAV RECEIVED MAR 0 4 2011 DCM-WAtRO RECEIVED MAR 10 2021 DCM-MHD CITY 191'�IIIIIII!'nlllllll�l�llli{IIIIIIIII{IIIIIIII!IIIm11111h�llllllli Lmape ID: CDCOC218740E T"qg ':'RP ch3152 -623 STATE OF N C COUN'I'YOF 1, �?G f L e$ a Notary Public in and for said County and State, do hereby certify that CHARLES FRANKLIN BENTON, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 3' � day of ':D<c 2012. My Commission Expires: STATE OF �< COUNTY OF I, -7�r:Ai- lr:� � a"IA4 � a Notary Public in and for said County and State, do herebv certifv that LINDA L. BF.NTON, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WI"FNFSS my hand and notarial seal, this the 3'"t day of �j)< e . 2012 Notary My Commission Expires:._? Lq'r'1 V, 11-41 �O�ARy Notary Fpbiic PU50G RECEIVED MAR 10 2021 DCM-MHD CITY RECEIVED MAR 0 4 2021 DCM—WARD 111111011111111 rw00 ID: 000002PaM89 0108: UP w3152 424 STATEOF � C COUN'1-Y OF G uorr I, JAA (�:9G�-a�*G'� , a Notary Public in and for said County and State, do hereby certify that ROBERT DELORMF, being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WIINF:SS my hand and notarial seal, this the3 i day of , 2012. I Notary My Commission Expires:. 1- It-Ci _ STATE 01: _3( COUNTY OF C, w x- Y 1, "Y4 F LC;-3 aAv_w , a Notary Public in and for said County and State. do hereby certify That LAURA C. DELORME. being personally known by me, appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 3* 4 day of My Commission Expires: Z=tX_ j_1 _.._-. s P O'tARy 2 _ lZ"YaF'W,'d1�,"''O. RECEIVED MAR 10 2021 DCM-MHD CITY RECEIVED MAR 04 'p'1 DCM-WARC) Merl: i TD: 0 ... Iir:M 1D: OODDD2PQ� 6 Q ff aCMD SCHWULEA BK3152Po625 All that certain tract or parcel of land lying and being situate in Number Two Township, Craven County, North Carolina, and being more particularly described as follows: Being a portion of Tract No. 9 of Wyatt Place - Riverview Park as shown and delineated on a map recorded -in Map Book 2, Page 130, in the office of the Register of Deeds of Craven County and being more specifically described as follows - Beginning at an iron pipe in the line dividing Tract No. 9.of Wyatt Place - Riverview Park and Tract No. 8 of Wyatt Place - Riverview Park, both as shown on the aforesaid map, said iron pipe being looatad at tha intareootien of said line and Duck Creek. Thence from this point of beginning so located along the line dividing said tracts North 26" 37' West 2799.19 feet to an iron pipe; thence South 630 43' West 250 feet to an iron pipe in the southern line of Tract No. 9; thence along and with the southern line of Tract No. 9 South 260 37' East 2522.38 feet to an iron axle; thence North 569 23' East 50.38 feet to an iron pipe; thence North 26° 37' West 61.41 feet to a point; thence North B10 9' Zest 134.91 feet to a point; thence South 22" 16' East 280.66 feet to a point marking the inter- section of the channel of a canal and Duck Creek; thence up and with Duck Creek North 73" 371 East 94.94 feet to the point of beginning. Being the property depicted as Parcel "A" on a map entitled "Survey and Division of Wiley Nelson Land for Raymon8 Ben on" said map being recorded in Plat Cabinet', Slide ; 5 , in the, office of the Register of Deeds of Craven County. ol TOGETHER WITH a non-exclusive easement and right -of -Way over the easement described'. Deed L Of Easement recorded in Book Ri, Page $y5 in the office of the Register of —Deeds of uraven County, reference to said Deed of Easement being hereby made for a more perfect description of same and together with adjacent riparian rights in and to Duck Creek. RECEIVED RECEIVED MAR 0 4 2021 MAR 10 2021 DCM-WARO DCM-MHD CITY THIS CONVEYANCE IS MADE SUBJSCT TO THE FOLLOWING COVENANTS, CONDITIONS, RESTRICTIONS, AND AGREEMENTS which shall run With the land herein conveyed and shall also attach to and run with the land de cribed on the p recorded in Plat Cabinet , Slide 35 , in the office of the Register of Def Craven County as Parcel "B", whether or not same shall be specified in gny deeds to said propertyt (1) The "Canal" connecting the "Basin" with Duck Creek, and the "Basin" both of which arrrrrr,,,,,,e shown on he map recorded in Plat Cabinet V, .Slide , in the office of the Register o Deeds ofCraven County is for the joint use of the owners of Parcel "A" and Parcel "Be. No person shall construct any pier, dock or other construction which protrudes into said Canal and no boat of any type whatsoever shell be tied, moored, anchored, or docked in said -Canal or the entrance to same. (2) The owner (a). of Parcel. "9".aR&,Parcel W' shall have'the right..'toyexpandAtt�baforesaid basin by digging•or exoavatinglon thex*lands" ' belonging to such owner(s). (3) The owner(s) of Parcel "A" and Parcel "Be shall each have the right to dredge the Basin and Canal, providing that all spoil from such dredging is deposited on the lands of the persons doing such dredging or consenting thereto. For the purposes of any such dredging the person doing same shall have the right and license to travel on the property adjacent to the area being dredged provided that no damage is done to any structures and that the conditio of the premises is rendered the same as when such dredging began. 1111111111 - 1-111 1"99 le: aeMIS7491 Type; dap sK3152 pa626 of EIVED )RECE VED MAR 10 2021 MAR 0 4 2021 DCM-MHD CITY DCM-WARO TRACT n: 1:ying,.sitaiate•, and being in Number Two (s) Township,,graven county.' North Carbl-lao, between North Carolina 8ighveeyy'No, 55 Md.D'uek " Greek, ant being more specifically described' in detail'-04,6llaws 't BRCINNINO at a point which: is"the'fnllowing'Bourse'astd 'distance from the eotiihi4stera eoiner• gE Tracts 49 gqd• #10of 'RiveKvfeV,-PArk, a map-'6f.*4hijb}iq 1.`eberda'&.in`thp affiee of tba•.Rdti'etet of Dells, Urns pit ety�,'RpriQ OsMi4d,.in•Boo1312t Page.110,silouth26' 31"1 salt ISOO Eeet along the"4i`Viding'line of Traote W'dnd'#1DA' said ;'eout�iWestpR0.'oarner 94 Tracts #9,and' fMbeing, dgeatgd In the ' eaereKn•'-ine oiAoktN`CarBfina Nigrg3S4 Nb.',5S1 6ed�e Fran this . be$i 3ffng� south Z6' 3l'•'ea'st, 2650'feet',,m6ra or lbsa, along the divl8ing Tins of said Tracts #9 and #1'O ,to Duck Creek; thence :;•polrt'F �iy alzdtg Duck: CrAak go the soutbar-n',Iin°rimf Trvet!#8 of .. BzveYv}qK Ya¢k; thence .earth 26- 31 minutes West, 2650 feet more or seas,"gloog.thm dividing line of egid Tracta #0-and49; ,thence aouth.. to.'tfi'a'padq{,'of .beg�ld2og #n the dividing -ling of 'tracts #9 and W .nf Ri'vergiew Perjt: :. ... " •'•. Swing .that wise property conveysd'by Clarence'1. Phpe,La9G, Nisi?.. Varpi'P. Phillips, -,to Wiley Nelson bj deed dated. February I2,•1064i said dead` pppbarieg"mf record in gdok *t At liaga'912 in the office ' of, th! Register of beads of Craven QOunty. S'eing also patt of that aam8'prbpe rty'conveyed by V. V.' Bans at A,1'. to'Wiley, Nelson by deed dated Appril 29,, 1959, said d ad 'ap�pearing ofrecord In- Back OW at'Page `t3 4d� the'"dfiiee of °the`'1f�giat T' of `if@edd- bf -Oraven County., THRRY '1R R$pRRShY g120&tb FOR -iH18 OWSYWC6,'i4dWBVBR, all khai . aams property; 'as conveyed hy•Wiley_ Nelson and pife"to Raymond'E.' Hine'od end µifs 6y:det8, date4 Au$g6t 18, 1976""shid'deed.appearing of rgcotd in Book 872 at Page sass in thedffice U. fhe Regia'tet of, Deeds of Craven'CounEy. Tfi'e'said propsety" fte ei°Y aonveyeil iiafl"t'hit `6wii- pt4orty ga is`p . morq fully shows and ,described As Parcel 11B1° on the map.mafitled ' "Survey and Divisio$ by Wiley Nel'adn' }.aad';�W' Rnymbitd Banton",' ea?d . asap being recorded in Plat Cabinat`A at Slide 135A,'in the office of; the Reglatar of Dead''s of Craven County,'-atw to'which're4esence is 'h.e.hv made. - .. .. . ISOopO 021 7192 T P,ta ofv 9 4152 427 RECEIVED RECEIVED MAR 0 4 2021 MAR 10 2021 DCM-WARD DCM-MHD CITY ONSHO 1�M1111 011193 TV C" Page a 0 a 4152 428 This• doavoysnce is also made erprasely subj'ect.:all tea trlcElve oo4enanta of. record, including those is appear.fa the:deed dated .Aygast 22, 1950, from Riverview Jerk, Incorporated to Clarence J; philfd.ps am'wifa, said deed appedring'df rdpbrd''in-Book 445 it Page' ;205 in the office of the Register of Deeds of Crsven� County, aad.the' same Is-fineorporated herein by refe'rendo.— there is: also het'4by conveyed all right, 'title., and' TiOreat of Wiley Nelson and wife, Vera Ann delga`n, do and-to•ths`t carieif easement or right-of^way es conveyed by Herman Edwards end wife by t deed'of'paeeaieht, dated August 16) 1476, to'Wiley Neieoft,.6aid deed,' beiog of racoYd•ia ook 1172 at Page $45 in the office'of•the .Register of Deedd bf'CYaren county. Reference to•said deed of easement Is hereby. made for a mors'perfdet dapeription,of tha same,,' and together with the adjacent' riparian'rights in and tV Duck- -•greak. Further, there is hereby..aonviyed all right, title( Ana 1toreat of the grantors herein, including, any rights rese'F.ved or granted under the deed 'referred 1:6'herainabove dated Auggust•.la,.19y6, krom Wiley Nelson 4nd'wife to'Rayaond E. Senten, said deed appvBring of record in Book 872 at page 844, in the ceaal eonnedtin kUhe basin'wi•th Dyck Creek 'acid the basin, both of which are shown on.the map referred to hereinaboye, and -any riparian rights of tbe•partiea,hereko"'in,end.to " Duck Creek. RECEIVED r 0 4 2021 DCM-WARO RECEIVED MAR 10 2021 DCM-MHD CITY