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HomeMy WebLinkAbout55-20 New Moon Holdings LLCPermit Number Permit Class NEW 55-20 STATE OF NORTH CAROLINA Department of Environmental Quality (41 and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 • Excavation and/or filling pursuant to NCGS 113-229 Issued to New Moon Holdings LLC PO Box 6303 Ocean Isle Beach, NC 28469 Authorizing development in Brunswick County at adi to Calabash River Lots 11-16 Block 2 & Lots 14-19 Block 3 River View Dr., in Calabash, as requested in the permittee's application dated "Rec DCM Wilm 10/9/19" (MP 1) 11/4/19 (MP 2 4) & 10/8/19 (MP 3) incl att workplan drawings (4) as referenced in Condition No. 1 below. This permit, issued on May 8, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation >f these terms may be subject to fines, imprisonment or civil action; or may cause me permit w � rrwr auu vvx= - 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (13), Sheets 1-7 of 7 all dated "Revised 5/5/20", Disposal Site dated "Received DCM Wilmington 10/9/19", and C1,C2,C2.1,C3 and C6 all dated 3/18/20, and the marina operation plan dated "Received MP Section MHD 2/25/20". Upland Development — Urban Waterfront 2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the 3 City stacks, buildings, parking lot, travel lift improvements, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. (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, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. signea by me aumonry or me secrewry ui umY miu um umu of the Coastal Resources Commission. Z_/j/L0�1 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee New Moon Holdings LLC. ADDITIONAL CONDITIONS Excavation Permit No. 55-20 Page 2 of 6 3) Should excavation take place within the period of peak biological activity (1 April — 30 September) 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 canal for a 24-hour period after completion of excavation or until the project areas has returned to ambient conditions, whichever is greater. 4) No excavation shall take place outside of the area indicated on the workplan drawings. 5) Excavation shall not exceed -4 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. 8) No excavation shall take place within 10 feet of any Coastal Wetlands. 9) - 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. Spoil Disposal 10) No spoil material shall be placed within 30 feet of the mean high-water line. 11) All excavated materials shall be confined above mean high-water line 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. 12) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. New Moon Holdings LLC. ADDITIONAL CONDITIONS Maintenance Clause Permit No. 55-20 Page 3 of 6 13) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Shoreline Stabilization - Bulkhead 14) The authorized bulkhead shall be located immediately waterward of the existing bulkhead at any point along its alignment at the time of construction. 15) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 16) 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. 17) 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. 18) The bulkhead shall be constructed prior to any backfilling activities. 19) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 20) The fill material shall be clean and free of any pollutants except in trace quantities. 21) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 22) All fill material to be placed below mean high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 23) 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, 127 Cardinal Drive Extension, Wilmington, NC 28405. New Moon Holdings LLC. Permit No. 55-20 Page 4 of"6 ADDITIONAL CONDITIONS 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. Stormwater Management 26) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. Marina Expansion 27) This permit authorizes only the removal of the existing pier and the construction of 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 expansion without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 28) No sewage, whether treated or untreated, shall, be discharged at any time from any boats using the marina. Any sewage discharge anhe marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 29) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 30) 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. 31) This permit authorizes a maximum of 20 formalized boat slips, 7 slips located at the western facility and 13 located at the eastern facility. 32) In order to satisfy concerns of the resource agencies and in order to comply with Condition No. 31 of this permit, the western facility shall have a handrail or other obstruction constructed along the landward edge of the shore parallel floating dock between formalized slip no. 2 and the access pier of the authorized marina expansion. Furthermore, no cleats, tie piles or other formal mooring structures shall be constructed on any portion of the marina outside of the formalized boat slips. Any additional vessel or mooring structures that would increase the number of formalized boat slips without.permit modification shall be considered a violation of this permit. New Moon Holdings LLC. Permit No. 55-20 Page 5 of 6 ADDITIONAL CONDITIONS 33) The marina shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 34) The authorized covered platforms shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 35) The roof of the covered platforms shall not be designed for second story use. 36) 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. 37) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 38) Should the Lot to the east be sold prior to the initiation of construction of the eastern facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15-foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 39) The pier and associated structures of the western facility shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. USACE Conditions 40) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne-es/mainmal/manatee euidelines.pdf. General 41) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. 42) 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. 43) The permittee shall 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 or she abandons the permitted activity without having it transferred to a third party. New Moon Holdings LLC. Permit No. 55-20 Page 6 of 6 ADDITIONAL CONDITIONS 44) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (910) 796-7215 or (252) 946-6481. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic'General Permit 198000291 (Action ID SAW-2004-01127) reissued 5/8/20. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0108. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement' of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. 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. Applicant: DIVISION OF COASTAL MANAGEMENT Application Processing Notes Go Tim Type: (Check all that apply) New V Major Mod Permit Coordinator: Field Representative: Date Time II1lQlao� WRt 04,A� ; Permit# Minor Mod Renewal Transfer Message ►Qec elkd In J?o A�- nSQoY%e . L7 (�tv� �c� tv,�, GC�i•,GitS }IMFn4•C� EIShC� ��� �/17�70 5po4e % G �5. !^�orn(attrn�� do i c.,� rn ��11 R w� kPlrws i l' k I✓or1iOAf. W40 '141ko wl� IQN� SvJ 113I DCM Coordinator: Permit #: 55--Tiy MAILING DISTRIBUTION SHEET L4 &2:;r4" tdC z�(inS - u l v I DCM Field Offices Elizabeth City Morehead City Washington r (with revised work plan drawings) kWilmington (OBJECTIONS ) lc�rQ US ACOE Offices: Washington: Raleigh Bland (Beaufort, 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: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental. Review@ncdcr.gov I Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan I Clif Whitfield (WARD) Jimmy Harrison Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover, Christine Hall - Stormwater V q 1 t4 S ncc xi Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage ProgramRodney Butler 000 Ofttt! Voel w 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27105) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary ApplicantYLandowner Information Business Name Project Name (if applicable) New Moon Holdings LLC Calabash Marina Applicant 1: First Name MI Last Name Tim NA Moon Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed Mailing Address PO Box city State New Moon Holdings c/o Tim Moon 6303 Ocean Isle Beach NC ZIP Country Phone No. FAX No. 28469 USA 239-288-9621 NA Street Address (if ciilferant from above) City State LIP NA Email tmoon@oceanislemadna.com 2. Agent/ContmWorInformation Business Name Land Management Group, Agent) Contractor 1: First Name MI Las(Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Greg Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910.452-DWI ext. NA NA ad. NA FAX No. Contractor s NA NA Street Address (if dfferent from above) city Suite ZIP NA Email smorrisontalmarouo net; grinch@Imorouo.net LAMA Permit Application for Major Development —October 2019 RECEIVED Calabash Marina RECEIVED Calabash, Brunswick County, North Carolina 1 OCT 0 9 2019 JAN 16 2020 DCM WILMINGfON, NC DCM-MHD CITY 3. Project Location County (can be multiple) Street Address State Rd. • Brunswick Lots 11-16 Block 2, Lots 14-19 Block 3 River View Drive NA Subdivision Name City Stale Zip NA Calabash NC 28467 Phone No. Lot No.(s) (if many, attach addtional page with fist) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber River basin Calabash River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Calabash River e. Is proposed work within city limits or planning jurisdiction? I. If applicable. list the planning jurisdiction or city limit the proposed SYss []No work falls within. Town of Calabash 4. Site Description a. Total length of shoreline on the tract (B.) b. Size of entire tract (sq B.) 522' —5.5 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NVA (normal water level) (if many lot sizes, please attach additional page with a list) 0-6' SNHW or ❑NWL e. Vegetation on tract Spartina marsh, pines, shrubs, lawn grasses. f. Man-made features and uses now on tract Boat storage racks, concrete boat launch ramp, bulkheading, retaining wall, former fish house and pier pilings, wooden pier, Boating docks, house. g. Identify and describe the existing land uses adjacent to the proposed project she. Residential houses. h. How does local govemmenl zone the trap? I. Is the proposed project wrlsistent with the applicable zoning? CB, R/C (Attach zoning compliance certificate, if applicable) ®Yea ONO ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Vas []No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? NA I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ONO []NA Register listed or eligible property? RECEIVED 'RECEIVED CAMA Permit Application for Major Development —October 2019 Calabash Marina JAN 16 2020 Calabash, Brunswick County, North Carolina DCM'MHD CITY OCT 0 9 2019 DCM WILMINGTON, NC in. (I) Are there wetlands on the site? ®Yea ONO (h) Are there coastal wesands 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. County system o. Describe existing drinking water supply source. County system p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Wit the project be for commercial, public, or private use? ®Commercial ❑PubliorGovemment ❑PrivatelCommunily b. Give a brief description of purpose, use, and daily operations of the project when complete. Calabash Manna will be a dry stack storage boating facility with launch and retrieval forklift operation, roofed and open boat racks, ships store, boat staging floating docks, covered decks, fixed pier, refaced bulkhead, bathrooms, travelways, parking. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where a is to be stored. Standard marine construction methods and equipment for water structures, conventional construction methods and equipment for boat racks, rack roofs, ship store, bathroom, travelways, parking. Marine equipment to be stored on upland and barge. Conventional equipment to be stored on upland. d. List all development activities you propose. Construction of dry stack storage boating facility to include boat racks with roofs, travelways, parking, bathrooms, ships store, covered decks, fixed piers, floating staging docks, refaced bulkheading, launch ramp widening, maintenance dredging. e. Are the proposed activities maintenance of an existing project, new work, or both? Bath L What is the approximate total disturbed land area mauling from the proposed project? -5.5 ❑Sq.Pt or WAcres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None. I. Will wastewater or stormwater be discharged into a weaand? -No new discharges [--]Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA I. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. LAMA Permit Application for Major Development -October 2019 Calabash Marina Calabash, Brunswick County, North Carolina RECEIVED JAN 16 2020 DCM-MHD CITY RECEIVED OCT 0 9 2019 3 DCM WILMINGTON, NC & Addiflonal intonation 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 complele. Items (a) - (1) are always applicable to any moordevelopment applcatlon. Please consult the ap plication instruction booklet on how to Property prepare the required items below. a. A project narrative. b. An accurate, dated work plot (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. it. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Rennie Graham Phone No. NA Address 1232 River View Drive, Calabash, NC 26467 Name Delbert Ragsdale Phone No. NA Address 1260 River View Drive, Calabash, NC 28467 Name Plane No. Address g. A list of previous state or fetleral permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. CAMA Permit 74-05 to Edward Phelps 5110/05 Transfer to Jimmy & Jo Moore 2/5106 Minor modification for Jimmy & Jo Moore 7/14/08 Renewal for Jimmy & Jo Moore 112/09 h. Signed consultant or agent authorization form, If applicable. I. Welland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed bypmperty owner) k. A statement of compliance with the N.C. Environmental Policy AU (N.C.G.S. 113A 1-10). If necessary. II the project Involves expenditure of public funds or use of public lands, attach a statement document ng compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand tnat any permit issued in response to this application will allow only the project will be subject to the conditions and restrictions contained in the permit. application. The I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided yin this application Is truthful to the best of my knowledge. Date: Print Name, I',)),:yn�LL'I�lA)IJ Agent Land Management Group Signature Please Indicate application attachments pertaining to your proposed project ZDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED RECEIVED CAMA Permit Application for Major Development - October 2019 Calabash Marina JAN 16 2020 Calabash, Brunswick County, North Carolina DCIO WILMINGTON, NC DCM-MHD CITY 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Boat Boat Rock Rock Other (excluding (NLW or Canal Basin Ramp Groin Breakwater shoreline NWL stabilization) 86' Length Width 2(Y-45' Avg. Existing Depth 1' NLW NA NA Final Project -4' NLW NA NA Depth 1. EXCAVATION El This section not applicable J a. Amount of materiel to be excavated from below NHW or NWL In b. Type of malarial to be excavated. cubic yards, -253 cy Fine sand C. (i) Does the area to be excavated Include coastal wetlands/marsh d. High -ground excavation In cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or NA other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL ®None (ii) Describe the purpose of the excavation In these areas: Boat launching area, boat staging area. 12. DISPOSAL OF EXCAVATED MATERIAL ❑This sflction not applcabte a. Location of disposal area. b. Dimensions of disposal area. 604 Seaside Road, Sunset Beach. 8,822 square foot section of Seaside Road property. c. (i) Do you claim file to disposal area? d. (1) will a disposal area be available for future maintenance? (]Yes NNo ❑NA []Yes NNo ❑NA (11) If no, attach a letter granting permission from the owner. (f) If yes, where? NIA e. (I) Does the disposal area Include any coastal wetlands/marsh(CW), submerged aquatic vegetation (SAV), shell bottom (513), or other wetlands (WL)? It any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB OWL NNone 00 Describe the purpose of disposal in these areas. Back fill for refaced bulkhead on site and for future upland grading purposes on Seaside Road property. 1. (1) Does the disposal include any area in the water? NYBS (:]No ❑NA (if) If yes, how much water area is affected? 456 square feet behind refaced bulkhead on site, no area in the water on Seaside Road property. RECEIVED RECEIVED CAMA Permit Application for Major Development -October 2019 ' Calabash Marina JAN 16 2020 Calabash, Brunswick County, North Carolina DCM WLMINGTON NC DCM-MHD CITY 3. SHORELINE STABILIZATION ❑Thfa secllon not applicable (if development Is a wood groM, use 111i — Sin/cfural a. Type of shoreline stabilization: b. Length: 22B' NBulkhead i]Riprap ❑Breakwater/Sill ❑Other c. Average distance waterward of NHW or NWL: 2' e. Type of stabilization material: Wooden, vinyl, or concrete bulkhead shooting. g. Number of square feet of fill to be placed below water level Bulkhead backfill 456 Riprap Breakwater/Sill Other i. Source of fill material - Upland source. Width: 1' d. Maximum distancewatenvardof NHWorNWL: 2' 1. (1) Has there been shoreline erosion during preceding 12 months? []Yes ❑No NN/A (t) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. Fine send. 4. OTHER FILL ACTIIRTIES ❑This section no! applicable (Excluding Shoreline Stabzation) a. (i) Will All material be brought to the site? ®Yes []No [I NA b. (i) Will fill material be placed In coastal wetlanda/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other (II) Amount of material to be placed In the water None wetlands (WL)? If any boxes are checked, provide the number of square feel affected. (ia) Dimensions of fill area Forkfifl iravg�y, parking area NCW 456s.f. ❑SAV ❑SB shown bulkheatl bedklill 1228' x 29 (iv) Purpose of fill ❑W'L ®None Forklift and vehicle operations, bulkhead backfill. (ii) Describe the purpose of the fill in these areas: Bulkhead backfill. 5. GENERAL a. How will excavated or fill material be kept on site and erosion le. What type of oonsauetlon equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Sid fencing, vegetative ground cover. Bucket to barge operation, long reach excavator, piling rig, dump Wick, grading equipment. c. (i) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project ❑Yes NNo ❑NIA silo? ❑Yes NNo []N/A (ii) If yes, explain what type and how they will be implemented. (11) It yes, explain steps that will be taken to avoid or minimize NA environmental Impacts. NA Data• tilN�.tr'1 pro)ett rb.ae Calabash Marina Applicant Nurc New Moon Holdings LLC AI.frkcan, 5ypwurc r.., Agent, Land Management Group RECEIVED RECEIVED OCT 0 9 Z019 CAMA Permit Application for Major Development — October 2019 Calabash Marina JAN 16 2020 Calabash, Brunswick County, North Carolina UGM V111_MING-10N, NC DCM-MHD CITY 3, Form DCM MF-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, fadlities, units or structures b. Number of lots or parcels. proposed. N/A Boat storage racks, bathroom building, ships store C. Density (give the number of residential units and the units per acre). d. Size of area to be graded, filled. or disturbed including roads, N/A ditches, etc. —5.5 acres e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing actNiry begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ENO ❑WA (a) If yes, list the date submitted: Pnin g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces , such as pavement, building, rooftops. or to be used for vehicular driveways or parking. 28% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 54% j. Describe proposed method of sewage disposal, County sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial) commercial effluent, leash down' and residential discharges). N/A in Describe proposed drinking water supply source (e.g.. well, community, public system, etc.) County water system L List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Mad, concretepervious concrete, asphalt, oravel h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Qualily for review? []Yes ENO ❑N/A (it) If yes, list the date submitted: Pendina k. Have the facilities described in Item (i) received state or local approval? []Yes ONO ENIA If yes. attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? []Yes ENO ❑N/A If yes, attach appropriate documentation. n. (i) Will water be impounded? ❑Yes ENO ❑NA (ii) If yes, how many acres? N/A RECEIVED CAMA Permit Application for Major Development —September 2029 Calabash Marina JAN 16 2020 Calabash, Brunswick County, North Carolina DCM-MHD CITY RECEIVED OCV WILMING7UN, NC o. When was the lolls) platted and rewrded? B/BIBO Ou R.jm Name Calabash Marina \pplinnt Nam New Moon Holdings LLC .\ppl' an am Agent, Land Management Group p. If proposed development Is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No NN/A RECEIVED RECEIVED OCT 0 9 ?019 CAMA Permit Application for Major Development —September 2019 JA Calabash Marina DCM WILMINGTON, NC Calabash, Brunswick County, North Carolina DCM-MHD CITY 8 4. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking fadlity/marina: ®Commercial ❑Public/Government ❑Private/Community c. (1) Dock(s)and/or piers) (11) Number 4 piers. 3 docks (III) Length 64, 38. 170. 13; 150, 70, 18(ramp landing) (N) Width All 8' except 8'-wile ramp larding (v) Floating ®Yes NNo e. (I) Are Platforms Included? NYes []No If yea: (if)Number 3 (lilt) Length 65, 26, 24 (iv) Width 18, 12, 12 (v) Floating ❑Yes NNo Note: Rooted areas we calculated from dnpline dimensions. g. (I) Number of slips proposed 23, all docks to be temporary staning for forklift launch and retrieval. (ill) Number of slips existing 23, all docks are temporary staging for past forklift launch and retrieval. 1. Check the proposed type of ailing: ❑ 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 in. (1) Will the facility have tie pilings? []Yes NNo (ii) If yes number bids pilings? NIA ❑This section not applicable b. (I) Will the facility be open to the general public? ®Yes []No d. (1) Are Finger Piers included? ®Yes ❑No If yes: (it) Number 1 (Ili)Length 1275 (N) Width 5 (v) Floating ®Yes ❑No f. (I) Are aoadins Included? []Yes NNo If yes: (it) Number (Ili) Length (iv) Width h. Check all the types of services to be provided. N Full service, including travel lift and/or rail, repair or maintenance service N Dockage, fuel, and marine supplies ❑ Dockage ('wet slips") only, number of slips: N Dry storage; number of Croats: 292 ❑ float mmp(s); number of boat ramps: N Other, please describe: Dockaoe to be temporary stating for forklift launch and retrieval. j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types), Mixed power boats. I. (1) WIII the facility be open to the general public? NYes ❑No RECEIVED RECEIVED OCT 0 0 2019 CAMA Permit Application for Major Development — September 2019 Calabash Marina DCM-MHD CITY DCM WILMINGTON, NC Calabash, Brunswick County, North Carolina 9 2. DOCKING FACILITYMMARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be Included In the proposed project. ❑ Ofpos Toilets ® Toilets for patrons; Number: 2 ; Location: Bathroom building. ❑ showers ® Boatholding tank pumpout; Give type and location: Portable, located at ships store. b. Describe treatment type and disposal location for all sanitary wastewater. County sewer system. c. Describe the disposal of solid waste, fish offal and trash. Contract haul off. d. How will overboard discharge of sewage from boats be controlled? Facility rules, signage. e. (i) Give the location and number of 'No Sewage Discharge' signs proposed. One sign at launch area. (II) Give the location and number of'Pumpout Available' signs proposed. One sign at launch area. I. Describe the spedal 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. NA I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. AST near drystack building to service southern floating dock. Containment dike and emergency shut-off. j. What will be the marina policy on overnight and five -aboard dockage? No overnight or live -aboard dockage. k. Describe design measures that promote boat basin flushing? Open water facility. I. If this project is an expansion of an existing manna, what types of services are currently provided? Site was former dry stack launch and retrieval business. no current services. m Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ONO 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 (CM), submerged aquatic vegetation (SAV), shall bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW Ad acenl only, no area imoac}gd. ❑SAV ❑SS ❑WL 0 ❑None p. Is the proposed madna/docking facility located within or within rose 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. LAMA Permit Application for Major Development — September 2019 Calabash Marina Calabash, Brunswick County, North Carolina RECEIVED RECEIVED OCT 09 r1-0i9 OCMOWILMINGTON, NC DCM-MHD CITY JAN 16 2020 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s)! OCommercial ❑PubliclGovemment 012dvati fCommunay (a) Number (it) Length IN) Width Note: Rooted areas am calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill) ®This section not applicable a. (I) Number _ (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheelpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL orwetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Publie/Govemment []Private/Community Distance to be placed beyond shoreline _ NoteThis should be measured from marsh edge, if present e. Arc of the swing b. Number _ d. Description of buoy (color, inscription. size, anchor, etc.) RECEIVED RECEIVED OCT 0 9 2019 CAMAPermit Application for Major Development — September 2019 JAN 16 202 Calabash Marina Calabash, Brunswick County, North Carolina DC4 WILMINGTON, NC DCM-MHD CITY 7. GENERAL a. Proximity of structure(s) to adjaoent riparian property lines 15' to southwest, 0' to northeast. Note: For buoy or mooring piling, use are of swing Mcluft bnpfh of vessel. c. Width of water body _140' e. (i) NBII navigational aids be required as a result of the project? [)Yes ®No []NIA (ii) If yes, explain what type and how they will be implemented. NIA b. Proximity of structures) to adjacent docking facilities. —70' to SW, —650' to NE. d. Water depth at waterward end of structure at NLW or NW- -1l' NLW & OTHER - -- -- ®This secHdn not applicable a. Give oomplets description: ------------- -- URIC t\141\°\ Ptolnt Namr Calabash Marina Applicant Name New Moon Holdings LLC Agent, Land Management Group V CAMA Permit Application for Major Development — September 2019 Calabash Marina Calabash, Brunswick County, North Carolina RECEIVED JAN 16 2020 DCM-MHD CITY RECEIVED OCT 09 7019 DCM WILMINGTON, NC 12 RECEIVED Fueling Station, Operation Potential Environmental Impacts: F E B 2 5 2020 MP SECTION FEAR n— small sptIlls! that occur during boat fueling can accutpuJate and becomes a much larger problem. According to the EPA, complex hydrocarbon compounds,in oil and gasoli i fox c to marine life, upset fish reproduction, and interfere with growth and reproduction of bottom dwelling organisms. Oil and gas that are ingested by one animal can be passed to the next animal that eats it. In a marina, petroleum will also deteriorate the white Styrofoam in floats and docks, and discolor boat hulls, woodwork, and paint. Gasoline spills are also a safety problem because of the product's flammability. A single pint of petroleum product released into the water can cover one acre of water surface area and can seriously damage aquatic habitat. Legal Requirements: NFPA requirements ❑ All marine service stations are subject to the National Fire Protection Association's (NFPA) Automotive and Marine Service Station Code (NFPA 30A). These requirements are adopted locally. Check with your muri9ci'' al fire marshal for local irequirements. Fuel station ❑ The following requirements are lisfdd in NFPA 30A as pertaining to regairetitenYs' marine service stations. It is not intended to be a complete list of -- requtretneAts:; Nozzles ❑ Dtspegstng; nozzles must be of the automatic-ciosing type wttkiout a latcli-opeq device or hdlding clip [NFPA30A;;Sect16n 10 4.z]. itemove;ald fuel nozzle triggers that lock in the "on" position. Attendant ❑ All marine service stations must be attended by an employee respon- sible for supervising, observing, and controlling the dispensing of liquids whenever the station is open for business [NFPA 30A, Secdon10- Extinguisher 4•7]• ❑ At least one fire extinguisher with the minimum classification of 40- B:C must be located within 100 feet of each pump, dispenser, and pier-' Si"ns mounted hqutd'storage tank [NC3'A.3oA Sccaont08 !]. ❑ Sighs with the followtng Legends printed h 24figh;. (5cm), red block, capital leitels, on a white background must lie',posted in the dispensing', Before fueling area of all marine service stations [NFPA 30A, Section 10-1 I.81: 0 BEFORE FUELING: o Stop all engines and auxiliaries o Shut off all electricity, open flames and heat sources o Check all bilges for fuel vapors o Extinguish albsmokmg;matecials o Close access fr[hngs,enf openings that could allow fuel '; During fueling vapors to enter enclosed spaces of the vessel DURING FUELING: o Maintain nozzle contact with fill pipe o Wipe up spills immediately o Avoid overfilling o Fuel filling nozzle must be attended at all times After fueling AFTER FUELING: o inspectbilges for le-akage,and,fuel odors. 254 o Ventilate until odors are -removed if your facility stores a certain amount of as or ons or more r�fspi CPlaTILT in o bone ground storage) to [to require ga Spill IPre entionl[Contro and' ny spill or release of petroleum that results in a sheen on the waters of theate or threatens the waters of the state to include groundwater must be,eported immediately to the: 1. State Emergency Response Section and 2. National Response Center at 1-800-424-8802 [Section 311 of the Clean;i WalerFACt$3 USC 132 [i �' Best Management Practices Fuel dock - ❑ Locate fhei'docksjin protected areas to reduce potential for accidents due location to passing boat traffic, and design them so that spill .containment equipment can be easily deployed to surround a spill and any boats that i'maly be tied to the fuel dock. ❑ amment and control, a clearly marked and atpfuel dock eas ly aces iblelocpat onattaachedor djacentltoithe fiel,dockn c I ❑ Keep oil absorbent ads and pillows available at the fuel dock for staff and customers to mo n dri ..andsmalls fl&, _ _ ❑ Carry vent line whistles, vent cups, oil absorbent fuel collars and other fuel Sell spill materials sill; reventahve devices inydutshi s store. — (Personal ❑ Provide astable platform for fueling personal watercraft, if your facility watercraft_ _ tit numbers of them. Ins acthoses ❑' Rout itels'tnsf ecland re' etc fuel transfer, e ui 'riient, ie. hoses and i es. Fuel Ll Place plastic or nonferrous drip trays lined with oil absorbent materials connections beneath fuel connections., � -- TrainstaffTTrain fuel dock staff to handle and dispense fuel properly. Fuel -dock staff' should be trained to: l Rill tames slowly and carefully Prevent overfi[hng of•gas tanks'by:•' listening to or, keeping a hand: at the air, vent, if. possible,, a pronounced flow ofair:is emitted.when the k iS nearly full: 2 Rememberaliat f iel_ezpands m`warmn weather and to'fi-_ll tank:to no morc thari'90% capacityao allow for that expansion. 3. USe,,$ fttel collar or fuel, bib and keep aii:absorbent pad or pillow ready to catch spills, drips, or oyertlow. 4. L. 'a' drip pan under- poitablie fii tanks. lf'possible, fill .portable fuel tanks ashore. 5. Prevent spills as well as respond to spills. _ 6. Give information and direction to customers. F E B 2 5 2020 255 Sewage D.isposd Potential Environmental Impacts: Generally, marina basins are naturally sheltered and semi -enclosed, which usually means they are not flushed as well as more open waters. Bacteria, chemicals, and nutrients contained in untreated and minimally treated human waste from boats can overload small, poorly flushed waterways and may cause local water quality problems. Disease carrying bacteria, viruses and protozoa can enter waterways,through the discharge of untreated or poorly treated boat waste. The nutrients in boat sewage can stimulate algae to grow in such' large numbers' that their decomposition uses up oxygen necessary for fish to live. Direct threats to human health can arise through consumption of contaminated water, fish, or shellfish. Boat sewage waste is much more concentrated than other domestic waste. Scientists have shown there are more bacteria in the untreated waste discharged by one boat than in the treated wastewater discharged by a city of 10,000 people. Legal Requirements: Sewage ❑ Discharge of any untreated black water from a boat or vessel in freshwater dumping lakes or reservoirs is prohibited [40"CFR 140.] restrictions ❑ State regulations prohibit discharges from marine sanitation devices in freshwater lakes, reservoirs, and flowing streams only in No -Discharge; Zones, as designated by U.S. EPA, based on the availability of pumpout facilities. Pumpout 13 "Standards for Wastewater Facility Construction" require that any - construction wastewater facilities, such as sewer, pump station, treatment facility, and permits um ' ut 'Tem`bo70e mitted.: Floating ❑ For floating buildings, a continuous connection to a State -approved sewage buildings system is required for human sewage and gray water (water from sinks, sewage showers, and other fixtures that may release detergents, soaps, oils, and connection other contaminants into the water, - Live -a -board ❑ It is unlawful for a per-so-6--to operate or float a houseboat on the and freshwaters of this State (if applicable) having a marine toilet unless it houseboats _ dischar' o onl''into a holdingtank.. -_ New marinas ❑ New or proposed marinas Fnustprovide facilities forthe proper handling of petroleum products, sewage, litter, waste, and other refuse in accordance with State reulations.__ RECEIVED F E B 2 5 2020 MP SECTION M, HD 228 Best Management Practices: ,Arrange for ❑ Marina operators should arrange for sewage disposal and specify to tenants l,dis osal _. i - _how, wastewater is to be handled at -the marina„ Sewage— VU Provide a means to collect and properly dispose of all" black water' collection generated from boats. devices: 1. If your marina services boats with holding tanks, install a pumpout. Select the type of pumpout system that meets the needs of your: Pumpout marina, your customers, and transients. Options include pumpouts: a. Permanently fixed to the dock, b. Mobile, hand truck, trailer mounted units, or i c. Pumpout boat Dump station 2. If your marina services mostly smaller boats without holding tanks,',' install a portable toilet holding tank waste receptacle (dump station) in . a convenient location neansmallsli `s and launchsam": ..._. ._._ Use CVA ❑ Use Clean Vessel AcQCVA) funds to greatly defray costs of installing and,j :funds_ _ o etitf `'a ouffi06& :Contact -State Offices for more information. # of collection ❑ Determine- the number of waste" collection devices necessary for the devices number of boats at your marina and then install any more devices needed..__ Pumpout ❑ If the pumpout is permanently fixed, choose an appropriate location that is - locations convenient and accessible to the most number of boats throughout the tidal cycle. Consider whether a gas dock, T-head, or separate bulkhead is most j Train.staff ❑ Train staff to operate the pumpout. Boaters rely on functional pumpout _facilities.___ Upland 1 ❑ Upland waste holding tanks, if above ground, should be secured and have a holding tanks secondary containment area, including a concrete pad. Inspect area Bathrooms ❑ Provide clean and attractive bathrooms for marina customers. Encourage customers to use them rather than the toilets on their boats. ❑ The number of restrooms, shower, and washing facilities should be -determinedd-accordin to_state _or local building code requirements Prohibit ❑ Prohibit`discliatge of- treated or untreated human waste within the marina: discharge basin. Incorporate the prohibition into customers' slip contract. This would prohibit boaters from discharging any sewage into the marina basin. For this to work, there must be adequate pumpout services, customers must be' educated about how to manage their boat waste, and there must be strict, enforcement. ❑ Support adoption of a federally designated "No Discharge Area" in your reWbn based owade uate,a941labili of, um outstations.: . fl Mucate ❑ Educate marina customers about the impacts of boat sewage and the'pioper boaters way to manage it. ❑ Post signs in the marina outlining the rules for proper sewage handling. ❑ Encourage the boaters at your facility with marine heads to install holding, tanks. — — — — - Alternative 0 Provide and promote biodegradable and non -toxic holding tank deodorant., deodorants_ _ _ Sell.it in the ships store., 'Pum out boats ❑_ Allow pumpout—boats to service customers in. our facdr `. RECEIVED F F B 2 5 2020 229 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality March 23, 2020 New Moon Holdings LLC Tim Moon (tmoon@oceanislemarina.com) Dear Mr. Moon, This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to construct a dry stack, marina and perform dredging at Calabash Marina, in Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make Apri16, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City Steve Morrison (LMG Inc.) smorrison@lmgroup.net) Nei WWPy North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, March 23, 2020 12:49 PM To: tmoon@oceanislemarina.com Cc: 'Morrison, Stephen' Subject: New Moon Holdings CAMA Application Attachments: New Moon Holdings EXT.pdf Afternoon Mr. Moon, Please see above for the extension of the project at Calabash Marina. I am still waiting on comments from the floating dock redesign and confirmation that the Stormwater plans are adequate for concerns Stormwater raised. If any additional comments come back of concern I will coordinate with Steve and LMG. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quaiity 252 ON 280 ext 215 (Office) Greaa eodnar�n enr My Emal1 cmrerpondence to andImm this address issub)ect to the North Cl WlnaPubNcRecords Low and may bedbdosed to third parties. 4LMG LAND MANAGEMENT GROUP a O� axtVW 2/25/20 Gregg Bodnar Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 Re: Response to NC Wildlife Resources Commission, NC Marine Fisheries Comments, Calabash Marina CAMA permit application, New Moon Holdings, LLC, applicant Dear Gregg, In response to the comments received from NC Wildlife Resources Commission (dated 2-7- 2020) and NC Marine Fisheries (as noted below), we offer the following information: In Curt Weychert's letter of 1/23/20, he strongly recommended the use of a turbidity curtain for dredging performed between April la' and September 30"i of each year. The applicant agrees to this condition. In Anne Deaton's letter of 2/11/20, she recommended no dredging between April I' and September 30'I' of each year. With a bucket to barge dredging operation, using a turbidity curtain is a useful and manageable technique to limit turbidity impacts. We concur with Curt Weychert's recommendation and the applicant will use a turbidity curtain during the period from April l' and September 30s' of each year. With regards to boat fueling, only properly trained marina staff will be permitted to operate the fueling system. The above ground fuel tank will be located within a containment wall. There will be a clearly marked emergency cut off valve to stop fuel flow when needed. There will be a fuel containment boom which can be quickly deployed and absorbent padding present on site for incidental spill remediation. Signage with emergency spill contact information will be posted. A listing of standard operating procedures for fuel handling will be maintained on site for employee referral. We have attached a document entitled Fueling Station Operation obtained from the applicant which describes potential environmental impacts, legal requirements and best management practices to be employed by the facility regarding fueling operations. t www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 The marina will maintain a portable holding tank pump out system to be only operated by staff. The waste will either be handled by the sewer system or transported off site by a qualified contract service. The marina will enforce a closed head policy and will not allow any overboard discharge. There will be no overnight occupation of boats allowed. We have attached a document entitled Sewage Disposal also obtained from the applicant describing potential environmental impacts, legal requirements and best management practices to be employed by the facility regarding sewage disposal and marina policies. In response to comments, the applicant will limit the number of side -to slips on the landward side of the proposed floating dock to two (one on each side of the access ramp, see revised slip numbering). This will eliminate the need for any boats to pass each other in the limited space there and minimize the potential for marsh erosion. In addition, marina staff will be trained to remain aware of relative boat drafts and tide stages for positioning the boats in slip areas as they await cast off by owners from the docks or forklift retrieval to the dry stack area. The proposed maintenance dredging area at the forklift launch site was planned to remain over 13' from the edge of the coastal wetlands to the west to allow for a possible 3:1 slope development from the 4' mlw box cut. It was suggested that the floating dock be positioned closer to the shore to allow for fingers on the outside. We estimate the dock could only be moved inward about 8' which would allow 8' fingers on the outboard side (out to the limiting Corps channel setback line). This is not desirable since an 8' finger provides little boarding room for boats with a typical length of 25'. The total number of temporary tie up slips is now 20 instead of 23. Please contact me with any questions regarding this information. Thank you for your assistance. Sincerely, Steve Morrison Environmental Consultant Encl: Revised slip numbering sheet Cc: New Moon Holdings, LLC 2 www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Fueling Station Operation Potential Environmental Impacts: The small spills that occur during boat fueling can accumulate and become a much dagger problem. According to the EPA, complex hydrocarbon compounds in oil and gasoline are toxic to marine life, upset fish reproduction, and interfere with growth and reproduction of bottom dwelling organisms. Oil and gas that are ingested by one animal can be passed to the next animal that eats it. In a marina, petroleum will also deteriorate the white Styrofoam in floats and docks, and discolor boat hulls, woodwork, and paint. Gasoline spills are also a safety problem because of the product's flammability. A single pint of petroleum product released into the water can cover one acre of water surface area and can seriously damage aquatic habitat. Legal Requirements: NFPA requirements ❑ All marine service stations are subject to the National Fire Protection Association's (NFPA) Automotive and Marine Service Station Code (NFPA 30A). These requirements are adopted locally. Check with your municipal fire marshal for local requirements. Fuel station ❑ The following requirements are listed in NFPA 30A as pertaining to requirements: marine service stations. It is not intended to be a complete list of Nozzles requirements: ❑ Dispensing nozzles must be of the automatic -closing type without a latch -open device or holding clip [NFPA 30A, Suction 10-4.21. Remove old fuel nozzle triggers that lock in the "on" position. Attendant ❑ All marine service stations must be attended by an employee respon- sible for supervising, observing, and controlling the dispensing of liquids whenever the station is open for business [NFPA 30A, sectionto- Extinguisher 4•7]• ❑ At least one fire extinguisher with the minimum classification of 40- B:C must be located within 100 feet of each pump, dispenser, and pier - Signs mounted liquid storage tank [NFPA 30A. SectionI0-8.11. ❑ Signs with the following legends printed in 2-inch (5em), red block capital letters on a white background must be posted in the dispensing Before fueling area of all marine service stations [NFPA 30A, Section 10-11.81: BEFORE FUELING: o Stop all engines and auxiliaries o Shut off all electricity, open flames and heat sources o Check all bilges for fuel vapors o Extinguish all smoking materials o Close access fittings and openings that could allow fuel During fueling vapors to enter enclosed spaces of the vessel ■ DURING FUELING: o Maintain nozzle contact with fill pipe o Wipe up spills immediately o Avoid overfilling o Fuel filling nozzle must be attended at all times After fueling • AFTER FUELING: o Inspect -bilges for leakage and fuel odors 254 o Ventilate until odors are removed SPCC Plan ❑ If your facility stores a certain amount of gas or oil, (1,320 gallons or more in above ground storage) it may require a Spill Prevention Control and Countermeasure (SPCC) Plan [40 CFR 1121. Report spills ❑ Any spill or release of petroleum that results in a sheen on the waters of the state or threatens the waters of the state to include groundwater must be reported immediately to the: 1. State Emergency Response Section and 2. National Response Center at 1-800-424-8802 [Section 311 of the Clean Water Act: 33USC 13211 Best Management Practices Fuel dock ❑ Locate fuel docks in protected areas to reduce potential for accidents due location to passing boat traffic, and design them so that spill containment equipment can be easily deployed to surround a spill and any boats that may be tied to the fuel dock. Spill materials ❑ Store spill containment and control materials in a clearly marked and at fuel dock easily accessible location, attached or adjacent to the fuel dock. ❑ Keep oil absorbent pads and pillows available at the fuel dock for staff and customers to mop up drips and smalls ills. Sell spill ❑ Carry vent line whistles, vent cups, oil absorbent fuel collars and other fuel materials spill preventative devices in your ships store. Personal ❑ Provide a stable platform for fueling personal watercraft, if your facility watercraft services significant numbers of them. Instiect hoses ❑ Routinely inspect and repair fuel transfer equipment. ie. hoses and pipes. ❑ Place plastic or nonferrous drip trays lined with oil absorbent materials Fuel connections beneath fuel connections. Train staff ❑ Train fuel dock staff to handle and dispense fuel properly. Fuel dock staff' should be trained to: 1. Fill tanks slowly and carefully. Prevent overfilling of gas tanks by.' listening to or keeping a hand at the air vent. if possible; a pronounced flow of air is emitted when the tank is nearly full. 2. Remember that fuel expands in warn weafher and to fill tank to no more than 90% capacity to allow for that expansion. 3. Use a fuel collar or fuel bib and keep an absorbent pad or pillow ready to catch spills, drips, or overflow. 4. Put a drip pan under portable fuel tanks. if possible,, fill portable fuel tanks ashore. 5. Prevent spills as well as respond to spills. 6. Give information and direction to customers. 255 Sewage Disposal Potential Environmental Impacts: Generally, marina basins are naturally sheltered and semi -enclosed, which usually means they are not flushed as well as more open waters. Bacteria, chemicals, and nutrients contained in untreated and minimally treated human waste from boats can overload small, poorly flushed waterways and may cause local water quality problems. Disease carrying bacteria, viruses and protozoa can enter waterways through the discharge of untreated or poorly treated boat waste. The nutrients in boat sewage can stimulate algae to grow in such large numbers that their decomposition uses up oxygen necessary for fish to live. Direct threats to human health can arise through consumption of contaminated water, fish, or shellfish. Boat sewage waste is much more concentrated than other domestic waste. Scientists have shown there are more bacteria in the untreated waste discharged by one boat than in the treated wastewater discharged by a city of 10,000 people. Legal Requirements: Sewage ❑ Discharge of any untreated black water from a boat or vessel in fr eshwater dumping lakes or reservoirs is prohibited [40 CFx 140.] restrictions ❑ State regulations prohibit discharges from marine sanitation devices in freshwater lakes, reservoirs, and flowing streams only in No -Discharge Zones, as designated by U.S. EPA, based on the availability of pumpout facilities. Piunpout ❑ "Standards for Wastewater Facility Construction" require that any construction wastewater facilities, such as sewer, pump station, treatment facility, and permits um outs stem be emiitted. Floating ❑ For floating buildings, a continuous connection to aState-approved sewage buildings system is required for human sewage and gray water (water from sinks, sewage showers, and other fixtures that may release detergents, soaps, oils, and connection other contaminants into the water. Live -a -board ❑ It is unlawful for a person to operate or float a houseboat on the and freshwaters of this State (if applicable) having a marine toilet unless it houseboats discharges only into a holding tank. New marinas ❑ New or proposed marinas must provide facilities for the proper handling of petroleum products, sewage, litter, waste, and other refuse in accordance with State regulations. Best Management Practices: Arrange for ❑ Marina operators should arrange for sewage disposal and specify to tenants disposal how wastewater is to be handled at the marina. Sewage 0 Provide a means to collect and properly dispose of all black water collection generated from boats. devices: 1. If your marina services boats with holding tanks, install a pumpout. Select the type of pumpout system that meets the needs of your Pumpout marina, your customers, and transients. Options include pumpouts: a. Permanently fixed to the dock, b. Mobile, hand truck, trailer mounted units, or c. Pumpout boat Dump station 2. If your marina services mostly smaller boats without holding tanks, install a portable toilet holding tank waste receptacle (dump station) in a convenient location near small slips and launch ramps. Use CVA ❑ Use Clean Vessel Act (CVA) funds to greatly defray costs of installing and funds operating a pumpout. Contact State Offices for more information. # of collection ❑ Determine the number of waste collection devices necessary for the devices number of boats at your marina and then install any more devices needed. Pumpout ❑ If the pumpout is permanently fixed, choose an appropriate location that is locations convenient and accessible to the most number of boats throughout the tidal cycle. Consider whether a gas dock, T-head, or separate bulkhead is most appropriate. Train staff ❑ Train staff to operate the pumpout. Boaters rely on functional pumpout facilities. Upland ❑ Upland waste holding tanks, if above ground, should be secured and have a holding tanks secondary containment area, including a concrete pad. Inspect area regularly. Bathrooms ❑ Provide clean and attractive bathrooms for marina customers. Encourage customers to use them rather than the toilets on their boats. ❑ The number of restrooms, shower, and washing facilities should be determined according to state or local building code requirements Prohibit ❑ Prohibit discharge of treated or untreated human waste within the marina discharge basin. Incorporate the prohibition into customers' slip contract. This would prohibit boaters from discharging any sewage into the marina basin. For this to work, there must be adequate pumpout services, customers must be educated about how to manage their boat waste, and there must be strict enforcement. ❑ Support adoption of a federally designated "No Discharge Area" in your region, based on adequate availability of pumpout stations. Educate ❑ Educate marina customers about the impacts of boat sewage and the proper boaters way to manage it. ❑ Post signs in the marina outlining the rules for proper sewage handling. ❑ Encourage the boaters at your facility with marine heads to install holding tanks. Alternative ❑ Provide and promote biodegradable and non -toxic holding tank deodorant. deodorants Sell it in the shi s store. Pumpout boats ❑ Allow purnpout boats to service customers in your facility. =7 229 x 706 x a. a �59 x 6.4 ze y aa05 x 5.93 .30 +.25 • < 69 x 5 69 9 99 471 Y 10 }� x 557 5 15 WATERBODY WIDTH ♦ �3 1 x t 16 F� ♦♦- ae� ,. 13 74 `�+ i6 j 3_z ♦ - 1 ♦♦ 12 OUTER ED F MARSH ♦ i x -2.6= 5-u2x _2A2 NHW 5 / 2X6 S.F. DREDGING AREA (EXISTItNG PULKHEAD) c .� tO -4 MLW APPROXIMATE MLW 2 4 / ' -7,77 r i x -2.28 RIPARIAN COPR1�R wio�� x I0 L NOTES: Project BauOdary -- -- -- 1 BASE SURVEY FILE PROVIDED BY NORRIS AND WARD 2- 2015 PARCELS AND 2016 AERIAL FROM NCONEMAP. LMG t... tasav ztermm 3. ALL SHOWN SLIPS ARE FOR LAUNCH AND RETRIEVAL PURPOSES. tileawlAw� 4_ NOT A SURVEYED OR ENGINEERED DRAWING- FOR ENVIRONMENTAL ee' ua3t9tA PERMITTING ONLY. xs rwrMxrr�o�rsm .r mm �tti wr ds�IYYLYr � are aaaNm DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: New Moon Holdings, LLC do Tim Moon COUNTY: Brunswick PROJECT NAME: Calabash Marina LOCATION OF PROJECT: Lots 11-16, Lots 14-19 River View Dr., Adj to Calabash River, Calabash DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-8-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Brock rh" DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PE S UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 1-19-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 3-23-20 HOLDS: MAIL OUT DATE: 1-16-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC'D:.S400 (60/40)N1491 END OF NOTICE DATE: 2-9-20 DEED REC'D: Yes g 150DAYDEADLINE:Ze STATE DUE DATE: 2-9-20 AGENCY DATE OMMENTS [RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep (V Z � 4 DCM - LUP Consistency Determination q(( i5 Local Permit Officer Corps of Engineers - Regulatory Branch Z -p y �C+a7r{ ff DWR - 401 Section 171P zozo—Cj DWR-Public Water Supply I u �� DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission l i Io �' DMF- Shellfish Section X DMF - Habitat & Enhancement r Z 10 / 4� ol,cj DNCR - Archives & History t DNCR -Natural Heritage Program NCDOT RECEIV NC Dept of Commerce t eIAN I2 DCM-MHD CITY Recommendations for State Permit — Calabash Marina The total proposed platform area was calculated as follows: Shoreline length = 522' x 27' = 14,094 ft2 allowable Access piers = not calculated due to alignment and dimensions 8'x 16' Floating ramp platform = 128 112 6' x 150' Floating dock (slips 1-10) = 900 ft2 6' x 78' Floating dock extension and 5' x 12.75' fi ger pier (Slips 21-23) = 531.75 ft2 6' x 13' Fixed pier between covered platforms = 7ft2 12' x 24' Covered platform = 288 ft2 12' x 26' Covered platform = 312 ft2 Total = 2,237.75 ft2 The proposed docking facility would increase the slip count from 10 to 23 at the project site. It appears that the project is CONSISTENT with the use standards set forth in Rules of NCAC 07H .0208(b)(5), including the twenty-seven square foot rule and the pier width rule. The project appears to be CONSISTENT with the use standards set forth in Rules of NCAC 07H .0208 (b)(6)(G)(iii), including the USACE 80' federal channel setback, the 1/4 width and channel location. The proposed floating dock extension and finger pier would be located within the riparian setback for 1260 Riverview Drive which was waived by the property owner. The applicant's proposal to step out 228' of deteriorating bulkhead 2' water ward of coastal wetlands resulting in the filling of 456 ft2 of coastal wetlands appears to be CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(iii) Use Standards for Bulkheads and Shore Stabilization Measures which states "the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners." It would seem that removal of the existing dilapidated bulkhead and construction of the new bulkhead on the landward side of the area of coastal wetlands would present a greater environmental problem with potential erosion and washout during the construction process. The applicant proposes to excavate 2,275 ft2 of material from within a previously dredged footprint at the end of the forklift ramp to a depth no deeper than 4' MLW. Approximately 253 yd3 of material is proposed to be excavated from below NHW and no coastal wetlands are located within the proposed dredge cut. The proposed excavation appears to be CONSISTENT with Rules of 15 NCAC 07H .0208 (b)(1) Use Standards for Navigation channels, canals, and boat basins. The applicant was able to demonstrate to the Division of Coastal Management and the Town of Calabash that the project area appears to be CONSISTENT with Rules 15 NCAC 07H .0209 (g) Coastal Shorelines — Urban Waterfronts to receive the Urban Waterfront designation. As a result, the applicant's proposal to develop 28% of the AEC with impervious surface appears to be CONSISTENT with Rules 15 NCAC 07H .0209 (g)(4) Use Standards for Urban Waterfronts. RECEIVED MAR 1 6 2020 41) Recommendations for State Permit — Calabash Marina The total proposed platform area was calculated as follows: Shoreline length = 522' x 27' = 14,094 ft allowable Access piers = not calculated due to alignment and dimensions 8'x 16' Floating ramp platform = 128 ft 6' x 150' Floating dock (slips I-10) = 900 ft 6' x 78' Floating dock extension and 5' x 12.75' finger pier (Slips 21-23) — 531.75 ft 6' x 13' Fixed pier between covered platforms = 78 ft 12' x 24' Covered platform = 288 ft 12' x 26' Covered platform = 312 ftz Total = 2,237.75 W The proposed docking facility would increase the slip count from 10 to 23 at the project site. It appears that the project is CONSISTENT with the use standards set forth in Rules of NCAC 07H .0208(b)(5), including the twenty-seven square foot rule and the pier width rule. The project appears to be CONSISTENT with the use standards set forth in Rules of NCAC 07H .0208 (b)(6)(Gxiii), including the USACE 80' federal channel setback, the 1/4 width and channel location. The proposed floating dock extension and finger pier would be located within the riparian setback for 1260 Riverview Drive which was waived by the property owner. The applicant's proposal to step out 228' of deteriorating bulkhead 2' water ward of coastal wetlands resulting in the filling of 456 ft of coastal wetlands may be INCONSISENT with Rules of 15 NCAC 71-1.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas, and Rules of 15 NCAC 71i.0208 (bx7) Use Standards for Bulkheads. The applicant proposes to excavate 2,275 ftZ of material from within a previously dredged footprint at the end of the forklift ramp to a depth no deeper than -4' MLW. Approximately 253 yd3 of material is proposed to be excavated from below NHW and no coastal wetlands are located within the proposed dredge cut. The proposed excavation appears to be CONSISTENT with Rules of 15 NCAC 07H .0208 (b)(l) Use Standards for Navigation channels, canals, and boat basins. The applicant was able to demonstrate to the Division of Coastal Management and the Town of Calabash that the project area appears to be CONSISTENT with Rules 15 NCAC 07H .0209 (g) Coastal Shorelines — Urban Waterfronts to receive the Urban Waterfront designation. As a result, the applicant's proposal to develop 28% of the AEC with impervious surface appears to be CONSISTENT with Rules 15 NCAC 07H .0209 (g)(4) Use Standards for Urban Waterfronts. RECEIVED JAN 16 �'010 DCM-MHD CITY Bodnar, Gregg From: Harrison, James A Sent: Thursday, May 7, 2020 8:42 AM To: Bodnar, Gregg Subject: Re: [External] Re: FW: [Non-DoD Source] EFH conservation recommendations for New Moon Holdings -Calabash Marina 2004-1127 Gregg, That should be fine, as it addresses the moratorium and NMFS' request for a turbidity screen. Of course we'd prefer that no dredging happen during the moratorium period; if it's unavoidable, we'd prefer for the applicant to try to get it done as close to the start or end date of the moratorium as possible. We also support the comments and/or feedback provided by the other resource agencies. Thanks! Jimmy iimmy Harrison Ha6itat and enhancement jection NC Division of Marine Fisheries james.harrison@ncdenr.,gov 252-9+8-58 i 5 Y bead ,,,respond m,e to and from this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, May 7, 2020 8:24 AM To: Harrison, James A <James.Harrison @ncdenr.gov> Subject: RE: [External] Re: FW: [Non-DoD Source] EFH conservation recommendations for New Moon Holdings -Calabash Marina 2004-1127 Hey Jimmy, I wanted to check in on this again, we are finishing up on my end. USACE asked for a curtain during the moratorium so I have specific language below. It is 253 cy of spoil. Thanks, Gregg From: Bodnar, Gregg Sent: Tuesday, May 5, 2020 3:47 PM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: FW: [External] Re: FW: [Non-DoD Source] EFH conservation recommendations for New Moon Holdings - Calabash Marina 2004-1127 Afternoon Jimmy, Sent this to Anne by mistake. But see below. Gregg From: Bodnar, Gregg Sent: Tuesday, May 5, 2020 11:20 AM To: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: FW: [External] Re: FW: [Non-DoD Source] EFH conservation recommendations for New Moon Holdings - Calabash Marina 2004-1127 Hey Anne, You asked for straight moratorium. Are you good with this... Should excavation take place within the period of peak biological activity (1 April — 30 September) of any year, then a turbidity curtain shall be left between the area to be excavated and the existing canal, and a 72 or 24-hour period after completion of excavation shall elapse prior to silt screen removal to prevent unnecessary siltation into the adjacent water body. If so, let me know the period you prefer. Gregg From: Finch, Greg <gfinch@Imgroup.net> Sent: Tuesday, May 5, 2020 11:01 AM To: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currev@usace.armv.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Morrison, Stephen <smorrison@Imgroup.net>; Brock, Brendan 0 <brendan.brock@ncdenr.gov>; Andy Dortch <adortch@lmgroup.net> Subject: [External] Re: FW: [Non-DoD Source] EFH conservation recommendations for New Moon Holdings -Calabash Marina 2004-1127 Greg, See attached updated Project Narrative and Figures as requested. Both have been updated to note that the bulkhead will be replaced in the current location. As previously noted, the applicant is fine with the condition to use a silt curtain between April 1 and September 30 if dredging is scheduled during that period. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Mon, May 4, 2020 at 11:07 AM Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currev@usace.armv.mil> wrote: Steve/Greg, in the attached letter are NMFS' proposed Conservation Measures for this project. Would you have a problem incorporating these into your application or complying with these? You can call me at (910) 523-1151 if you would like to discuss. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 -----Original Message ----- From: Pace Wilber- NOAA Federal [ma iIto: pace.wilber@noaa.aov] Sent: Saturday, May 2, 2020 1:25 PM To: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currev@usace.armv.mil> Cc: Anne Deaton <anne.deaton@ncdenr.eov>; Todd Allen Bowers (bowers.todd@eoa.gov) <bowers.todd@eoa.aov>; greae.bodnar@ncdenr.¢ov: Pete Benjamin <Pete Benjamin@fws.eov>; Fritz Rohde - NOAA Federal <fritz.rohde@ noaa.aov> Subject: [Non-DoD Source] EFH conservation recommendations for New Moon Holdings -Calabash Marina 2004-1127 Bodnar, Gregg From: Deaton, Anne Sent: Tuesday, February 11, 2020 1:40 PM To: Bodnar, Gregg Cc: Weychert, Curtis R Subject: Amendment to DMF Comments on New Moon Holdings, Riverview Road, Calabash NC Brunswick County I have reviewed the permit application information, as well as the former Fisheries Resource Specialists comments sent on Jan 23, 2020. In addition to previous comments for in -water work not to occur within the moratorium period of Apr 1-Sep 30, 1 have some additional concerns and recommendations. This project will result in direct impacts to coastal wetlands from the new bulkhead and potential impacts from increased boat wake erosion due to additional vessel use and the proposed boat slip configuration. Water degradation is also a concern due to the high impervious surface extent and potential contamination of runoff of toxins associated with the vessels and gas pump. Due to these concerns I would like to amend DMF's comments to recommend approval if the recommended conditions are incorporated: 1) no dredging from Apr 1-Sep 30 2) a marina plan is developed and implemented for the site that includes standard operating procedures for preventing emergency spills and responding when spills do occur, handling of waste from vessel holding tanks, and controlling runoff from entering coastal waters, which are designated as High Quality Waters. 3) Remove slips 2-5 or reconfigure such that slips are not located on the landward side of the dock. This will reduce impacts from wetland erosion and bottom disturbance since vessels would have to navigate in shallow water and very close to the marsh. It may be possible to modify the dock, moving it slightly closer to shore, with finger slips on the waterward side of the dock. Anne Deaton Habitat and Enhancementjection NC Division of Marine Fisheries anne.deaton@ncdenr gov 910-796-7511 0 Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties, ROY COOPER (ilnvnmr MICHAEL S. REGAN Scrrerarr BRAXTON DAVIS 1)nwmr, ix, ry m nl coaxrrd Hatmgcment January 16, 2020 MEMORANDUM: 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(aNCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: (New_Moon.Holdings,41C�1 Project Location: Lots 11-16 & Lots 14-19 River View Drive, adjacent to Calabash River, in Calabash, New Hanover County Proposed Project: Proposal to redevelop and expand existing Marina with the addition of 292 dry -stack slips, 23 wet slips, retail & storage space, floating dock expansion, maintenance excavation & bulkhead refacing. 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 February9,_2020), If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME6&!� oleye _f AGENCY N6wf SIGNATURE i DATE I. 23 I& RECEIVED JAN 2 2 2020 W,P SECTION MHD state orNwh Carolina Environmental Quality Coastal Mmmgement 127 Cardinal Drive Exl., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Dlreaw MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Curt Weychert, NCDMF Fisheries Resource Specialist® SUBJECT: New Moon Holdings DATE: January 23, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to redevelop and expand an existing dry stack and marina facility. The applicant's open water proposals are expansion of existing Floating dock facilities, covered decking, refacing the existing bulkhead, and maintenance excavation of an existing boat ramp. The project is located at the end of Riverview Drive in the Calabash River. The waters in the area are classified as SA; high quality waters (HQW) and are closed to the harvest of shellfish. The shoreline of the project is lined on both shorelines with coastal marsh species. Coastal wetlands are considered among the most productive ecosystems in the world. Coastal wetlands are a productive detritus -based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Dredging around coastal wetlands may lead to increased turbidity and sedimentation around coastal wetlands, thus reducing their efficacy as nursery habitat for juvenile fish and invertebrates. For these reasons, if the dredging activities occur between April 1 - September 30 of any year, DMF would strongly recommend that the use of a turbidity curtain be required. This curtain should be left in place after work concludes for a period of 24-72 hours or until water returns to ambient conditions. Contact Curt Weychert at (252) 808-8050 or Curt.Weychert[alncdear.eov with further questions or concerns. RECEIVED JAN 2 2 2020 UP SECTION MHD Nothing Compares State of North Carolina I Division of Marine Fisheries 3441 Arenlell Street I P.O. Box 7691 Morehead City. North Carolina 28W 252-726-7021 1 NORTH CAROLINA Ervlrnmenm/id t>nolgt January 16, 2020 ROY COOPER Gmrrvnn MICHAEL S. REGAN ec"I"y BRAXTON DAVIS /1nr, n2 Pn'lvnn nj r 1w+ld/ 1I(1/k1,�,9h11/ 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(@NCD ENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Project Location: Proposed Project: New Moon Holdings, LLC Lots 11-16 & Lots 14-19 River View Drive, adjacent to Calabash River, in Calabash, New Hanover County Proposal to redevelop and expand existing Marina with the addition of 292 dry -stack slips, 23 wet slips, retail & storage space, floating dock expansion, maintenance excavation & bulkhead refacing. 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 Fei :01 If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. � (jralC fee gN"d "Additional comments may be attached" Walk( (Iioulav aS (VWe This agency has no comment on the proposed project. not IOj'"t o4 (a k / fA 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. M-9—N-01 AM,( Gialy rsnt,� SIGNATURE .../rl&t -Eau., RATE JAN 2 1 2020 MP SECTION MHD Smte of North Carolina I Environmental Quality I Coastal Mmagement 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Emlronmental Quality 1/21/20 To: Greg Bodnar, NC Division of Coastal Management From: Mark Brown, NC Public Water Supply, Wilmington Regional Office Subject: CAMA /Dredge & Fill Application Review Applicant: New Moon Holdings, LLC Project Location: Lots 11-16 & Lots 14-19 River View Drive, adjacent to Calabash River, in Calabash, New Hanover County Proposed Project: Proposal to redevelop and expand existing Marina with the addition of 292 dry - stack slips, 23 wet slips, retail & storage space, floating dock expansion, maintenance excavation & bulkhead refacing. Please forward the following comments to the applicant: If applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18C Section, 0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. Please also be aware of our separation requirements in regards to water/sewer according to 1SA NCAC 18C Section .0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional questions. i JAN 2 1 2020 RAP SECTION MHD D_E Q�' North Carolina Department of Environmental Quality ! Division of Water Resources Wilmington Regional office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405 wwm.ae �u,m+uuwN /� 910.796.7215 Bodnar, Gregg From: Gupton, Sharon Sent: Friday, March 27, 2020 10:52 AM To: Bodnar, Gregg Cc: Stokley, Matthew, Humphrey, Jeremy Subject: RE: CAMA Major Application: New Moon Holdings, LLC Matthew Stokley reviewed the new workplans — Shellfish Sanitation still has "No comments" Sharon Lupton Administrative SpeciaCzst Shellfish Sanitation & Recreational'Water Quality Division of .Marine Fisheries N.GDepartmen.t of Environmental Quality 252-8o8-8u8 office 252-726-6827 sharon.qupton@ncdenr yoov P.O. Box 769 .Morehead City, NC 28557 N:. !'Nothing Compares � Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, March 26, 2020 2:35 PM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; CONNIE.MARLOW E@BRUNSW ICKCOUNTYNC.GOV Cc: Brock, Brendan 0 <brendan.brock@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: RE: LAMA Major Application: New Moon Holdings, LLC Afternoon all, After discussions with the applicant and a DEMLR review of the project it was discovered that were inconsistent workplans under review. Please see above for new copies of workplans that now include copies of the SW plans as official inclusion into the LAMA permit application. These new workplans show SW collection areas landward of the bulkhead and the relocation of the fuel storage tank to near the ships store. +„ + ROY COOPER �.� � �. Governor MICHAEL S. REGAN �Y� Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division ofCoasml F.nmtnnmenml Onaliq• Management January 16, 2020 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(WNCDEN R.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: New Moon Holdings, LLC Project Location: Lots 11-16 & Lots 14-19 River View Drive, adjacent to Calabash River, in Calabash, New Hanover County Proposed Project: Proposal to redevelop and expand existing Marina with the addition of 292 dry -stack slips, 23 wet slips, retail & storage space, floating dock expansion, maintenance excavation & bulkhead refacing. 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 February_9, 202-0; If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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. - - NAME Shannon Jenkins PRINT AGENCY NCDMF/Shellfish Sanitation SIGNATURE for Shannon Jenkins DATE 1 /17/2020 State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt, Wilmington, NC 28405 919 796 7215 RECEIVED JAN 2 1 2020 MP SECTION I!i HD ROY,COOPER 01"Man' MICHAEL S. REGAN Seemiarn BRAXTON DAVIS Pumar, O wim r#Coamd ml Amid. January• 16, 2020 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) arena. bodnarnNCDENR.oOV SUBJECT: CAMA /Dredge & Fill Application Review Applicant: NowMoon'Holdings, LLC Project Location; ' Lots 11-16 & tots f4-19 River View Drive, adjacent to Calabash River, in Calabash, New Hanover County Proposed Project: Proposal to redevelop and expand existing Manna with the addition of 292 dry -stack slips, 23 wet slips, retail & storage space, floating dock expansion, maintenance excavation & bulkhead refacing. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grean Bodnar at the address above by February 9,. 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when:approprfate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY VC b Q®J i. O T Go M 1TL N C-t- $-1 NATURE DATE REcEIVED , pN 2 8 2020 MP SECTION MK® State of North Carolina 14%irmimmnal Qaahry i f:naaml Maoa8cmmt 127 Cardinai Dtiva Md., Wilmington, NC 2M 9197967215 A&I � H.nr- ER 20-0177 .1' Received: 01 /22/2020 Historic Preservation Office January 16, 2020 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) a reoa. bod na r(&NCDENR.aov SUBJECT: CAMA/Dredge 8 Fill Application Review Applicant: New Moon Holdings, LLC Project Location: Lots 11-16 & Lots 14.19 River View Drive, adjacent to Calabash River, in Calabash, New Hanover County ROY COOPER G,w,.... MICHAEL S. REGAN BRAXTON DAVIS /bm,anq /bmunnl/'nnml .Ilona}eawm Due: 01 /31 /2020 A-- 5®�� Due: 02/06/2020 S-- &0. (ox Proposed Project: Proposal to redevelop and expand existing Marina with the addition of 292 dry -stack slips, 23 wet slips, retail & storage space, floating dock expansion, maintenance excavation & bulkhead relating. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gnm Bodnarat the address above by February 9, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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. PRINTNAME AGENCY Jjl-�h earoh(rA �640oIG��PserV�'�I�n SIGNATURERECEIVED DATE OJAN 3 0 2020 5%127 Cmdum[M%eEm., Wi mopmNC vW9M19y7%%7215 PAP SECTION MHD JAN 2 3 2020 sew