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HomeMy WebLinkAbout16-19 Marina Ventures 223 LLCPermit Number 16-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission erm:it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 t to Marina Ventures 223, LLC. and the City of New Bern,134 Craven St., New Bern NC 28560 iizing development in Craven County at adj. to the Trent River. at 100 Middle Street, as requested in the permittee's application dated 12/4/18, incl. att. workplan drawings (4), Easement dated 12/4/18. It, issued on March 6, 2019 . , is subject to compliance with the application (where with the permit), all applicable regulations, special conditions and notes set forth below. Any violation tnis may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Boat Lift Installation This permit authorizes only the installation of 44 boat lifts within the existing slips of "C" Dock and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become' a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. This permit does not authorize any additional formalized boat slips. No attempt shall be made by the pemuttee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. (See attached sheet for Additional Conditions) ;rmit action may be appealed by the permittee or other persons within twenty (20) days of the issuing date. '.permit must be accessible on -site to Department uel when the project is inspected for compliance. -maintenance work or project modification not covered der requires further Division approval. must cease when the permit expires on December 31, 2022 this permit, the State of North Carolina agrees that t is consistent with the North Carolina Coastal t Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. „/(. ifh� i� Brax on C. Davis, Director ( Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee fir-' `'entures 223 LLC. and the City of New Bern Permit No.16-19 Page 2 of 2 ADDITIONAL CONDITIONS General 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.' 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. The permittee and/or his or her contractor shall meet with a representative of the Division prior to .project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-02313). 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 2018-1697. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-288 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing 'activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Neu_se River buffer regulations in place at the time of such development. An application processing fee of $400 was received by DCM for this project. Coastal Management ENVIRONMENTAL QUALITY Marina Ventures 223 LLC c/o Angella Jones 134 Craven Street New Bern. NC 28560 Dear Ms. Jones: March 7, 2019 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DCM Coordinator:_ Permit#: It t!iy, -AtQ Ucn1 c% N6 56" ?o ff 10 Atew &,t DCM Field Offices *�p� Kg AW4MAC / /1�K s! l�tor�cs L/rc� Elizabeth City (with revised work plan dra mgs) 'd�� Morehead City ?rncl 6,+NC Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: `Renee Gledhill -Earley at Environmental.Review@ncdcr.gov IV Heidi Cox (WlRO) Shane Staples David Harris Shannon Jenkins / Sharron Guptod Tim Walton / Mike Moser Sheri Montalvo Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-BeaArt, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401(Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: Fax Distribution: Permittee #: Agent#_ (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Marina Ventures 223 LLC County: Craven PROJECT NAME: New Bern Grand Marina LOCATION OF PROJECT: 100 Middle Street. New Bern NC FIELD REPRESENTATIVE NAME: Brad Connell DISTRICT OFFICE: Morehead Citv DATE APPLICATION RECEIVED BY FIELD REP: 11/19/18 DATE RECEIVED COMPLETE BY FIELD REP: 12/05/18 DISTRICT MANAGER REVIEW: Roy Brownlow PERMIT COORDINATOR ASSIGNED: Gr= Bodnar oh a(tt �($ DATE ACKNOWLEDGEMENT SENT: 12/11/1 FEE REC'D: $ 400.00 DATE PUBLIC NOTICE POSTED IN NEWSPAPER: 12/07/18 END OF NOTICE DATE: 01/OS/18 ADJ. RIP. PROP NOTICES REC'Et Yes r No DEED REC'D: es r No DATE REQUEST FOR COMMENTS MAIL OUT: 12/11/18 COMMENT DUE DATE: O1/O1/19 75 DAY DEADLINE: 02/18/19 150 DAY DEADLINE: 9,P/m 100 111141.10.iuce07111:9 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTSNO RETURNED NTS:NOTES I DCM - Regional Field Representative DCM - LUP Consistency Determination It ( tZ I(8S;S�y {— Local Permit Office No* 7,0KV4o NCDOT - Division of Highways DAH - Division of Archives & History I (o I(q lc DCA - Division of Community Assistant 0140 - 12 It Ib K DEH - Shellfish Sanitation Resources l2 h, lie, DLQ - DEMLR Land Quality Section DMF- Fisheries Resource Spec. 17 (j o DWQ—SWP-DEMLR-Storm Water DWQ 401- Division ofWater Resources 401 t (!{ Q Zo18'�ldi% Jet*�{lTs DWR - Division of Water Resources �I lZ (lt lob SPO - State Property Office It li o ?c WRC - Wildlife Resources Commission bt kt USACoE - Corps of Engineers ?I(P 20�O �Z3 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: December 7. 2018 TO: Gregg Bodnar >�j THRU: Roy Brownlow 0`f7�'� FROM: Brad Connell V' ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlreclor SUBJECT: Comments and Recommendations - CAMA Major Permit —New Bern Grand Marina, Craven County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal incorporates 26,000 square feet of Public Trust waters. These waters of the Trent River are closed to shellfish harvest. This waterbody is not a Primary Nursery Area. This area is subject to the Neuse River Basin Riparian Buffer Rules. The proposed boat lifts would meet the rules and conditions of a routine General Permit found under 15A NCAC 07H .2000. Assuming other state and federal agencies concur, the Morehead City District staff recommends that the project be authorized as it is proposed with permit conditions specifying that the authorized work must remain within the existing footprint of the marina's "C Dock." CC: Roy Brownlow, DCM Nothing Compares. State of North Caroline I Environmental Quality I Coastal Management 400 Comment Ave I Morehead City, NC 28557 252 808 2808 T 0 NORTH CAROLINA F.nvimnnuruuil Ounlllr December 11, 2018 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 ROY COOPER Uovvamor MICHAEL S. REGAN BRAXTON DAVIS Ilirecmr, Omslon ,.l Coastal .4/mtagemm�l RECEIVED DEC 1 1 2018 Fax: 252-247-3330 (Courier 04-16-33) RAP SECTION MHD gregg.bodnaraC)ncdenr.gov CAMA / Dredge & Fill Application Review Marina Ventures 223, LLC 100 Middle Street, New Bern NC 28560 To install boat lifts within the footprint of forty-four existing boat slips in the Trent River for commercial use. 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 January 1, 2019. If you have any questions regarding the proposed project, contact Greg Bodnar at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" VThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Valerie Wunderly for Shannon Jenkins AGENCY NC DMF Shellfish Sanitation SIGNATURE DATE 12/11/18 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER 6"Venn MICHAEL S. REGAN BRAXTON DAVIS n m;.,c,"gear December 11, 2018 MEMORANDUM FROM. Gregg Bodnar, Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) DEC 1 1 2018 areoc.bodnarOncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review foT SECTIW4 MHD Applicant: Marina Ventures 223, LLC Project Location: 100 Middle Street, New Bern NC 28560 Proposed Project: To install boat lifts within the footprint of forty-four existing boat slips in the Trent River for commercial use. 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 January 1, 2019. If you have any questions regarding the proposed project, contact Greg Bodnar at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /*ltlonal 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 L e ��+ Jti Ck AGENCY N1 6vep, eo-ce SIGNATURE DATE )_)'"//"/e State or Nona Carolina I En,ronmemal ( .1n, Coastal Management 127 Cardinal udva Ext., Wilmington, NC 29405 919 796 7215 .� ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS December 11, 2018 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Couder04-16-33) gregg.bodnarPncdenr.gov SUBJECT: LAMA /Dredge & Fill Application Review Applicant: Marina Ventures 223, LLC Project Location: 100 Middle Street, New Bern NC 28560 Proposed Project: To install boat lifts within the footprint of forty-four existing boat slips in the Trent River for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by January 1, 2019. If you have any questions regarding the proposed project, contact Greg Bodnar at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. " dditional 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 J r u W qW\ q V' AGENCY RECEIVED SIGNATURE r �}V\ r' °� DEC 1 2 2018 DATE 4z MP SECTION Il4 HD Stale ofNonh Cmolina' Environmentzl Quality- Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 ROY'COOPER I MIC14AEL S. REGAN BRAXTON DAVI& alcr ri t I ,a?rsra,¢ tr, ,.a,>r. rre(rnat >1 "e:1ar>t dlgl( All( te'�r'y mrliej 1)J hV$,e:�CNf December 11, 2018 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -.Division of Coastal Management 400CommerceAve Morehead City, NC 28557 Fax: 252-247=3330 (Courser 04 18 33); areoa:bodnarCcilncdenr.aov SUBJECT`. CAMA/Dredge.& Fill Application Review Applicant: Marina Ventures 223, LLC Project Location: 100 Middle Street, New Bern NC .28560 Proposed Project: To install boat lifts within the footprint of forty-four existing boat slips in the Tent River for',commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gieou Bodnar at the address above by January 1, 2019, If you'have any questions regardingthe.'proposed, project, contact Bodnar<ati(252):808=2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has,no objection to the project as, proposed. "Additional comments may be attached" X This agency, has no comment on the proposed project. This agency approves of the project only if the recommended changes are -incorporated. See, attached. J This agency objects to the project for reasons described in -the attached, comments. PRINT'NAME` Clif Wh AGENCY _Public Water Supply Section RECEIVE® SIGNATURE DEC 1 2 2018 DATE 12-12-2018 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC28405, 9,197967215 � s NORTH CAROLINA 1)rvvrzuunoxn/ (�1L((fly December 11, 2018 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave.,Morehead Cit NC 28557 Fax:252-247-3330 gregg.bodnar(c ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Marina Ventures 223, LLC ROY COOPER Uorunior MICHAE,L S. RE,GAN Suareieq BRAXTON DAVIS Direcvu'. Uroaron nt ('nu�ee! ,l fnnna roum Project Location: 100 Middle Street, New Bern NC 28560 Proposed Project: To install boat lifts within the footprint of forty-four existing boat slips in the Trent River for commercial use. 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 January 1, 2019. If you have any questions regarding the proposed project, contact Greg Bodna 1j2808. 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. L& NEL Loves Abyzi cK 1J C M r1 iiiiiiiiiiuiiiiii �U tz<<212V« RECEIVED DEC 1 2 2018 MP SECTION MHD Some of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et, Wilmington, NC 28405 919 796 7215 No flan Plow. Ok r,ZH'LK0:6W g 1 MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel love-Adrick, District Planner o �► Division of Coastal Management V� DATE: December 12, 2018 RECEIVED DEC 1 2 2018 NIP SECTION MHD CONSISTENCY DETERMINATION: The request is consistent with/not in conflict with the New Bern, River Bend, Trent Woods Regional Land Use Plan certified by the CRC on February 24, 2011. Overview: The applicant proposes to install forty-four boat lifts within existing slips on "C Dock" at the existing New Bern Grand Marina within the Trent River, in downtown New Bern. The proposed development would take place adjacent at 100 Middle Street, Craven County. This proposal is for commercial use in order to promote the sale of these boat slips. Each of the proposed boat lifts would be 13' wide and 13' long. Each of the four -piling lifts would be installed within the existing wet slips of "C Dock." The normal water level depths within these slips range from -12' to -16' deep. The vegetation mainly consists of shrubs and grasses. There are no Coastal Wetlands in the project area. AECs involved include PTA and EW. The property is located within a Special Flood Hazard Area, AE (8) Flood Zone. The waters of the Trent River are classified as SB; Sw, NSW, is not designated as a Primary Nursery Area, and is closed to the taking of shellfish. There was no Submerged Aquatic Vegetation (SAV) observed at the site, and there are no cultural resources in the project area. Anticipated Impacts: This proposal would not pose a hazard to navigation as it would be landward of the Federal Charmel and sited within the existing marina footprint. The existing "C Dock" structure incorporates 26,000 sq. ft. of Public Trust Area. No new usurpation of these Public Trust waters is being proposed. Traditional marine construction methodology will be utilized during the construction of this project. Turbidity impacts are not anticipated during the pile driving activities in the Trent River. North Carolina Department of Envima entat Qualtry I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue 1 Morehead City, North Carolina 28557 2529oaa8o8 Basis for Determination: The New Bern, River Bend, Trent Woods Future Land Use Map (FLUM) designates the site as Developed and Conservation (due to AECs). The project appears consistent with the Future Land Use designations. The following LUP policies may be applicable to this request: Estuarine Systems Policy ES 1, page 73: The municipalities will restrict development in estuarine waters and public trust areas to those uses which will not cause significant degradation of the natural function or condition of these waters. Uses that are water dependent and cannot function elsewhere will be permitted in estuarine waters and public trust areas consistent with Land Use/ Zoning Ordinances. Marinas, Piers, Docks, and Floating Home Development: . Policy MP 1, page 74. [Applies only to New Bern]: The city will permit the development of new marinas, the expansion of existing marinas, and the development of noncommercial docking facilities to serve individual residential lots. The City encourages participation in the NC DCM Clean Marina Program. Land Development Policies: Action Item LI lb, page 77. [Applies only to New Bern and River Bend]: Residential, commercial; public, and institutional land development in the estuarine shoreline will be allowed only if the applicable permitting agency has determined that such development meets state and federal permitting requirements for acceptable impacts on estuarine resources and water quality. The proposal shall also meet local land use regulations. Water Quality: Policy WQ 6: Development will adhere to the Neuse Buffer Rules as an effective, low cost means of protecting water quality. Estuarine Water and Public Trust Area: Action Item EW la, pg. 89: Only those uses which are water dependent and cannot function elsewhere will be permitted in estuarine waters and public trust areas consistent with CAMA 7H Use Standards and the Land Use Ordinance, including piers, marinas, docks and other water dependent uses. " EQ North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue. I Morehead City, North Carolina 28557 252.808.2808 i NORTH CAROLINA cimirrm:;enr,ti lhwfiv;� December 11, 2018 MEMORANDUM: ROY COOPER Governor MICHAEL S. REGAN suot-tom. BRAXTON DAVIS mnr 'U rmw FROM: Gregg Bodnar, Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City,, NC 28557 DEC 12 2018 Fax: 262-247-3330„R"r_ikyt'l®Mi7;x$w;,% grembodnarno.nedenr.eov DCM•Fishorips SUBJECT: CAMA /Dredge & Fill Application Review WARo Applicant: Marina Ventures 223, LLC Project Location: 100 Middle Street, New Bern NC 28560 Proposed Project: To install boat lifts within the footprint of forty-four existing boat slips in the Trent River for commercial use. 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 January 1, 2019. If you have any questions regarding the proposed project, contact Greg Bodnan t;t 5 jj 4S1$;2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional.comments may be attached"* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. P IkT_j1TjSff11 `<' �-noa— 51ali RECEIVED DEC 1 3 2018 NIP SECTION MHD oar: State ofNonh Carolina i Environmental Quality l Coastal Management 127 Cardinal Drive Eat, Wilmington, NC 28495 919796 7215 „q ROY COOPER d MICHA'EL S. REGAN u ran ERAXTON'DA,VdS fQl'Jit$[9l..Vr((➢L�Nh, )ilh'fl06 r%i1'i,t7ary'1��2.0"'r of e�. ilWY'On:Hnd Rli 11G.Y�.r� i .lfamgo•nign December 11, 2018: MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400; Commei'ceAve;, Morehead City, NC 28557 Fax: 252-247-.3330 (CourierD4-16.33)' cire 4 o. b e d n a r(d) n cd e n r. Q ov SUBJECT: LAMA /Dredge & Fill Application Review Applicant: Marina Ventures 223, LLC Project Location: 106 Middle Sftreet, New Bern NC 28560 Proposed, Project: To install boat lifts within the footprint of forty-four existing boat slips in the Trent Riverfor commercial use. 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 January 1, 2019. If you have any questions 'regarding the proposed project, contact Greg Bodnar,_f (252) 808 2808. When appropriate,, in-depth comments:with supporting data is requested. i REPLY: i This agency'has no objection to the project as proposed. "'Additional comments may' be attached” This agency1has,no comment on the proposed project. This agency approves of the project only if the recommended changes ire incorporated. See attached. i This, agencylobjects to the project for reasons described in the attached comments. PRINT'NAME Man A 1 . un n RECrEI9f E® AGENCY Nib RG SIGNATURE DEC 3 t 2018 MP SECTION ppu DATE I� -2' -7,J1 � $tiltO orNorth Cuolina � Em^ironmentxl QYWity�Causwl Mnnag9mrnt 127 Ciiidinal Drive Est., Wilmington^NC:2%405 9197967215 0 ,FRbm;, 6ulm �Appklpinti:. Project A o '0roposd&Pr6j6c:t 7 1. --- State Historic Preserve#ton, 'IBRAXT'ON:bAYIS,'� Dtztr �NCDML'Divisl . on of,C . 6 Wal Man I it . ge m eht, A0ftb(nhidki,Ave ,,Mof6h(md City, NC_ a28557 ; ,6r-e,q'cl'.'bodnar'bilcde'n-r,'ao'v! --- ---- �OAIWA . Pi�qoq 8 � Fj I Y :*�Ppicatld&RevloW M, 1 , a nave n tu rqsj?23,'�iC ri N 160"Middle Str66u'6wl3ern,NC:,26566' IN I 6ag4-.ncy,hdsL6o,661eciian,to the protect as Propo'si& Additional co6imenmaybe a{ia064tf Thisa ha s asno,commen;ofiAh& roi� edp 6,;. �p P9� � project:; 4'h4s:a9'e'6qy,o6j6pe i 6� !6t c d�' p�-to a d n t e tah"e ppinniehi.5., v I - -.1 1 - - w — " -, described , 1--.,- 11 .. .... .. 1� P, t:Nkfklt,.LRepope.Ql6dhil]4'Eat.ley, 4y, 'St�fe"Histb`hc Preser'vatioh .Office Ai7&d RECEIVED JAN 1 1 2019 NqP SECTION MHD ROY COOPER cover nor MICHAEL S. REGAN secretary LINDA CULPEPPER lnterfm Dirt aor Marina Ventures 223, LLC ATTN: Mr. Thomas K. Cleary 134 Craven Road New Bern, North Carolina 28560 NORTH CAROLINA Environmental Quality January 14, 2019 RECEIVED JAN 2 2 2019 MP SECTION MHD DWR Project # Z018-1697 Craven County Subject: NO WRITTEN CONCURRENCE REQUIRED 100 Middle Street— Install boat lifts within the footprint of forty-four (44) existing boat slips in the Trent River, for commercial use. Dear Mr. Cleary: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington square Mall, Washington, North Carolina 27889 252-946-6481 The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the. Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.pullinger@ncdenr.aov if you have any questions or concerns. Sincerely, V"a "-w" David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) DWR WaRO 401 files Laserfiche JAN 2 2 2019 PAP SECTION MHD North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 STATE. OF NORTH CAROLINA DEPARTMENTr OF ENVIRONMENTAL QUALITY DIVISION OF WATERRESOURCES WATER. QUALITY GENERAL CERTIFICATION NO.4175 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY. CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER(198000291-(NC COASTAL AREA MANAGEMENT ACT), • REGIONAL GENERAL PERMIT NUMBER 261801536'(MARSH SILLS) • NATIONWIDEPERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ,ACTIVITIES), o ,NATIONWIDE PERMIT NUMBER S4 (LIVING SHORELINES) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198006048,1918700056,197800080,197800125 AND 198200277 AND NATIONWIDE' PERMIT NUMBERS $,12,13,14,18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4175' is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations]n 15A NCAC 02H .0500 and 15A NCAC 02B .b2ob for. the discharge of fill material to surface. waters and wetland areas as described in Regional General Permits 198000291,198000048, 198700056, 197800080,197800,125, and 198200277 and in 33 CF.R 300 Appendix A. (8) (3, 12, 13, 14, 18, 27, 29, 33, 35, .39, 48, "and 54) of the US Army Corps of Engineers Regulations. The State of North .Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303,306 and 307 of the Public Laws 92-500 and .95- 217'if conducted in accordance with the conditions hereinafter set forth. Effective date: December 14, 2018 Signed this day:. December 11, 2618, z JAN 2 2 2019 or Linda, Culpepper, Director MP SECTION MHD Bodnar, Gregg From: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Sent: Wednesday, February 06, 2019 3:53 PM To: Bodnar, Gregg Subject: [External] RE: Marina Ventures 223 (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mai Ito: report.spam@nc.gov> :� u's-1 [cl_rI[01Ate].[4r_VIS1►sIaC SAW 2018-02313 PGP 198000291 Your Date No special conditions! Thanks!!!! -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, February 6, 2019 2:41 PM To: Bland, Raleigh W CIV CESAW CESAD (US)<Raleigh.W.Bland@usace.army.mil> Subject: [Non-DoD Source] FW: Marina Ventures 223 Hey Raleigh, This is the one we spoke about at the CHPP meeting today. Thanks as always, Gregg From: Bodnar, Gregg Sent: Friday, January 25, 2019 4:37 PM To: 'raleigh.w.bland@usace.army.mil' <raleigh.w.bland@usace.army.mil> Subject: Marina Ventures 223 Afternoon Raleigh, Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, December 19, 2018 8:44 AM To: Bodnar, Gregg Subject: CAMA Major - Marina Ventures boat lift installation, Craven County Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 �./ Nothtng Compares.- —. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Dom MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Marina Ventures 223, LLC New Bern Grand Marina Applicant 1: First Name MI Last Name Thomas K. Cleary Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 134 Craven Street N/A New Bern NC ZIP Country Phone No. FAX No. 28560 USA 252 - 2211- 7746 ext. N/A N/A - N/A - N/A Street Address (ifdifferent from above) City State --[ ZIP N/A N/A N/A N/A- N/A Email thomas@carolinawaterfrontonline.com 2. Agent/Contractor Information Business Name North Carolina Coastal Properties LLC Agent/ Contractor 1: First Name MI Last Name Thomas K. Cleary Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State 134 Craven Street N/A New Bern NC ZIP Phone No. 1 Phone No. 2 28560 252 - 229 - 746 ext. N/A N/A - ext. FAX No. Contractor# N/A N/A Street Address (if different from above) City State ZIP N/A N/A N/A N/A - Email N/A <Form continues on back> 0043:10:11� DEC 0 5 2018 252-808.280E :: 1-888.4RCOAST :: www.ncct)astaimanag mentMHD CITY a Farm pCM MP,-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven N/A N/A 101 Craven Street N/A Subdivision Name City State zip N/A New Bern NC 28560 - Phone No. Lot No. (a) (d many, attach additional page with list) 252 - 229 - 7746 ext. N/A, N/A, N/A, N/A, N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Trent River Neuse 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 Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of New Bern 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,055' 516970.08 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) N/A ❑NHW or ❑NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract Boat slips for docking boats - floating docks - floatig finger piers - pilings - pedestals - electric - water g. Identify and describe the existing land uses adlacent to the proposed project site. North Carolina Railroad - Trent River Railroad Tressel North Carolina Department of Transportation - Cunningham Bridge h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, If applicable) []Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED 2018 252.808-2888 :: 1-888.4RCOAST :. www.necoastalmanagernepl MHD CITY Farm QCM MP,-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Pump -Out facility on Z - Dock o. Describe existing drinking water supply source. City of New Bern Water p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Install boat 44 (Fourty Four) lifts within the confins of exisiting boat slips for boats to be lifted out of the water when not in use - Boat lifts will 'only' be installed on C - Dock which is already built. The boats will be used on a per use basis. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Four (4) Pilings will be installed within the confines if the exisiting boat slip with a crane on a barge and the boat lifts will be installed onto the pilings - The barge will only be in the marina on a per use basis - In the event there are multiple boat lifts beig installed the barge will be docked in one of the boat slips that will accommodate the equipment until the job is complete. d. List all development activities you propose. Installation of boat lifts within the exisitng boat slips that are already built - Four (4) pilings driven into the exisiting boat slips on C - Dock - boat lift installed on new pilings and wired with electric that is already there at the boat slip for the boat lift to function to lower the boat into the water and lift the boat out of the water. There will be a total of 176 pilings to be installed. e. Are the proposed activities maintenance of an existing project, new work, or both? Exisiting marina - but the boat lifts will be a new feature to the boat slip f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED 252-808.2608 :: 1.888.4111COAST :: www.nceeastaimanagement.net DCM-MHD CITY Fotm DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. 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 City of New Bern - Public Works Department - Matt Montanye Phone No. 252-639-7501 Address P.O. Box 1129, New Bern, N.C. 28563 Name North Carolina Railroad - Jim Kessler Phone No. 919-534-0560 Address 2809 Highwoods Blvd, Raleigh, North Carolina 27604 Name North Carolina Department of Transportation - Paul Vorwerk Phone No. 252-514.4724 Address 209 South Glenburnie Road New Bern North Carolina 28560 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 74-85 1985 Sheraton Hotel and Marina h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the �i formation provided in this application is truthful to the best of my knowledge. Date 1�--1 `A Print Name Thomas K. Cleary e) n Please indicate application attachments pertaining to your proposed project. V ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DEC 0 5 2018 2:52-808-2808 :: 1-86e-4RCOAST :: wwvv.nccoastatmanage entDGM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ❑Private/Community c. (i) Dock(s) and/or pier(s) III) Number (iii) Length (iv) Width (v) Floating []Yes []No e. (i) Are Platforms included? []Yes ®No If yes: (ii) Number _ (iii) Length (iv) Width (v) Floating []Yes []NO Note: Roofed areas are calculated from ddpline dimensions. ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? []Yes []No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 44 - Proposed (iii) Length 13' (iv) Width 13' g. (i) Number of slips proposed h. 44 total Boat slips 45 and 46 will not have boat lifts off the T-Head (ii) Number of slips existing 46 on C - Dock I. Check the proposed type of siting: ❑.Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? []Yes ®No III) If yes number of tie pilings? Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Center Console - T-Tops - Various types of power boats I. (1) Will the facility be open to the general public? ❑Yes ®No RECEIVED DEC 0 5 2018 r r rewsedlNyll loran DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of.? h. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED ❑Yes ❑No DEC 0`5 2018 25Z$082808 :z 9-888-4RCOAS'T .^ vouawrncs.rra Pxtsrsan :gx s ncr.4.ng2 ise a 2127106 DdM I D CITy Fovm D,CM MP-4 (Struetures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑PubliciGovernment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are 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, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DEC 0 5 252-808-2808 :: 1.888-4RCOAST :: y , nccoastatmanggement.net DC -IVl ll l l Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines North Carolina Railroad - 108.77' NCDOT - Cunningham Bridge - 366.54' Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 1.192.84' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structures) to adjacent docking facilities. Bridgepoint Marina - 779' 94" d. Water depth at waterward end of structure at NLW or NWL 16' 8. OTHER ®This section not applicable a. Give complete description: 12-4-2018 Date New Bern Grand Marina Project Name Thnmas Claary RECEIVED DEC 05 2018 DCM-MHD CITY 252-808-2808 :: 1-888.4RCOAST :: vvvvvv.nccoasta1mann0ement.net revised: 12/27106 New Bern Grand Marina 16' NWL Proposed Boat Lift - C - Dock WATERFRONT PRODUCES 10• 1._6. pMfN5bN6 MF M KYE9. W e0li0.YCf4 f i+if C'VSTr o l+r MOM 3 ...�W� DRAWI Mw. DRAW Notice: Confidential Information NL f1O WLL WtE 12' IF WATER LINE RECEIVED DEC 0 5 2018 DCM-MHD CITY uIt TIDE TAMER INDUSTRIES AS NOTED u IM nu SNOW HILL NC 28M 800J261116 SU7=:8.5'%1/' (lo+4ls0aa'ni 86"10-U38 6aP �w+anna�rw� w� 1218 ACC wvMr.UeNEAr.oam www.�NLrEorr�n v g I 3 3 ] 9R ]l. I3. 13 ]7'�19 2]` 23 $ �.2] $9 31 39 41 ,13 8 &33`p3. 837�, g a• 8 8 43g a. DOG! I D ' "c' 6 „g8 10„ 12 $� 14„gg16 20 24 28 32 34„ 36 38„ 40 42„ �44 46 g24 gg28„ gg22 gg26„ gg3O„ TR£NT Rfv" m" m" y DOCK s •0, C - Dock - Existing - 16' NWL Prepared by: Thomas Cleary _ 11-30-2018 Page 1 of 3 seer n Dock '0' m m New Bern Grand Marina � R o M Marina Business Ventures. LLC. Z l� W1 rowrsw na 3 craven cawrr xaem caeouva (i 0 O4�' reb 13 2O°" Atlantic survey + Design. 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REGAN seam" BRAXTON C. DAVIS Olrecter February 18, 2019 Marina Ventures 223 LLC. Thomas Cleary 134 Craven St. New Bern, NC 28560 Dear Mr. Cleary, This letter is in reference to the application submitted for Marina Ventures 223 LLC., for a Coastal Area Management Act Major Permit to undertake development activities to expand the existing New Bern Grand Marina with the placement of 44 boat lifts within existing slips, in Craven 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 May 4, 2019 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Morehead City Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator jg:Z�D_� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252,808.2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Marina Ventures 223, LLC LOCATION OF PROJECT SITE: The project is located adjacent to the Trent River at 100 Middle Street in New Bern, in Craven County. Latitude: 35106'09.14"N Longitude: 77° 02'24.65"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 11/6/18 Was Applicant or Agent Present No Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 12/5/18 Office — MHC �3 Y Y 02 0 D1, 91'71_y_1_[115 (A) Local Land Use Plan —City of New Bern (February 24, 2011) Land Classification from LUP —Developed with services (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — municipal sewer Planned - none (F) Type of Development: Existing — marina Planned - 44 boat lifts within existing slips (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED) INCORP/SHADED (A) Open Water 26,000 ft2 incorp (E) Total Area Disturbed: 26,000 ft2 (F) Primary Nursery Area: No (G) Water Classification: SB; Sw; NSW Open: No (H) Cultural Resources: None Proiect Summary: The applicant wishes to install boat lifts within the footprint of forty-four existing boat slips in the Trent River for commercial use, Craven County. Field Investigation Report: New Bern Grand Marina Page 2 Narrative Description: The property is located adjacent to the Trent River at 100 Middle Street in downtown New Bern, Craven County. This property is currently developed with a commercial marina in the river. The adjacent riparian properties are developed with a railroad trestle to the west and a drawbridge to the east. The elevation of the adjacent high ground of the parcel is approximately 5' above the normal water level (nwl). Vegetation on the adjacent parcel mainly consists of lawn grasses. There are no Coastal Wetlands within the project area. The parcel has approximately 1,935' of continuous shoreline along the Trent River. Immediate offshore water depths adjacent to the parcel range from —12' to —16' normal water level (NWL). The subaqueous substrate is firm without shell. There is not a cultural resource in the project area. This waterbody is approximately 1,176' across at this location. These joint waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation was not observed at this location. This area is closed to shellfish harvest and is classified as SB; Sw; Nutrient Sensitive Waters. There is a defined Federal Channel near the project area. This parcel is subject to the Neuse River Riparian Buffer Rules. Proposed Development: The applicant proposes to install forty-four boat lifts within existing slips on "C Dock" at the existing New Bern Grand Marina within the Trent River, in downtown New Bern. The proposed development would take place adjacent to 100 Middle Street, Craven County. This proposal is for commercial use in order to promote the sale of these boat slips. Each of the proposed boat lifts would be 13' wide and 13' long. Each of the four -piling lifts would be installed within the existing wet slips of "C Dock." The normal water level depths within these slips range from -12' to -16' deep. Anticipated Impacts: This proposal would not pose a hazard to navigation as it would be landward of the Federal Channel and sited within the existing marina footprint. The existing "C Dock" structure incorporates 26,000 square feet of of Public Trust Area. No new usurpation of these Public Trust waters is being proposed. Traditional marine construction methodology will be utilized during the construction of this project. Turbidity impacts are not anticipated during the pile driving activities in the Trent River. There is not a cultural resource in the vicinity of the project area. This project area is subject to the Neuse River Riparian Buffer Rules. These waters of the Trent River are not classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed. This area is closed to shellfish harvest and is classified as SB; Sw; Nutrient Sensitive Waters. Brad Connell December 7, 2018 Morehead City 12' to" WATER LINE v n M m m m M o M v � � 16' c� o M � � v 0 5' 10' uruEss OrrvERvnsE SPECIFIED TITLE, 10K SCALED SIDE VIEW MATERIAL: TIDE TAMER INDUSTRIES OIMF IONG ME NINCIES I MM AS NOTED P.O. 60X 1113 TOLERANCES SNOW HILL NC 28580 CUSTOMER SOq: CUSTOMER SIGNATURE SCALE: 1'=5'-0' p .Ills 800-325-1116 Q OLINA WATER FRONT N/A "PPRO4m BY: SHEET SIZE: 8.5'X 11' (m &Doge Pn.I o .sg4s ....IWs 888-810-5438 DRAWING DATE: 12-0-19 siwATux wre DRAWING NUMBER: N/A APPROVAS DATE: "''t'T'BY'ACC 12-18 n agw: IDeNOidewnmr.Ln Pn.l WATERFRONT PRODUCTS www.tiEetamer.com THIS PO IS PRO W1LL NJT CO%ED, REPROWLEDOROSED OFIAMI Notice: Confidential Information W.bea THE BASIS ORM OF P g3TXEBASI3FORSALEORMPNUFANREOFPPPNUTA4IXiCEVILE3WITMIXfrWRIRENPEFAlI3410N. MNIIw.beachbutlaNMS.com hbud ditc 11.0-141, Y n c rr r C l a tt Division of Coastal Management - Brad Connell 400 Commerce Drive Morehead City, North Carolina 28557 Hello Mr. Connell - Thank you for allowing me time to explain what we would like to do in terms of having boat lifts placed on C - Dock here at the New Bern Grand Marina located here in New Bern, North Carolina. Again, the boat lifts will be exclusive for only C - Dock to keep the marina looking uniform. Enclosed, in the documents - you will find the following documents for your review and notification of our proposal to have the boat lifts placed inside the existing boat slips that are already constructed on C-Dock. - Agent Authorization Forms - City of New Bern and the New Bern Grand Marina - Application for Major Permit- Form DCM MP-1 - DCM Form MP4 - Structures - Easement - Copy - Adjacent Riparian Property Owner Statements - Certified Mail Receipt - Exhibit A - Which is the plat map of the marina showing C - Dock - Exhibit B - Which is an example - drawing showing the boat slip with the boat lift - Drawing schematic of a boat lift to be installed inside existing boat slip on C - Dock - Actual drawing of the boat lift - pilings - main support beams - lift motors - C - Dock - finger pier - Aerial map showing the entire marina footprint - showing North Carolina Railroad - DOT Bridge - Aerial map of street showing directions to the marina - Schematic showing lift installation ad placement - Letter to North Carolina Railroad and DOT wi4Adjacent Property Owners Forms - Certified Mail Return Receipts If you have any questions or would like additional information; please feel free to contact me any time and I will be happy to assist you. Again, I appreciate your time and consideration. Mo espectfujrX� FtECENED Thomas ClearyCC �� Np� 19 Z018 New Bern Grand Marina Hp CITY Cell: 252-229-7746 pCM-M thomas(a)carolinawaterfronton line. com New Bern Grand Marina -134 Craven Street - New Bern, North Carolina - 28560 AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS Name of Property Owner Applying for Permit: City of New Bern Mailing address: P.O. Box 1129 New Bern NC 28562 Telephone Number: 252-639-2701 I certify that I have authorized Thomas Cleary (agent/contractor), to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of adding boat lifts to the existing Dock "C" at the New Bern Grand Marina at my property located at Middle Street, New Bern NC This certification is valid through December 31, 2018 (date). (Property Owner Information) Mark Stephens Print or Type Name City Manager, City of New Bern Title, co. owner or trustee for property October 24, 2018 Date Telephone Number RECEIVED ';��-rt�Ytien�N�iw►�rw4xy�n� ���J Email Address NOV 19 2018 DCM-MHD CITY AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS Name of Property Owner Applying for Permit: City of New Bern Mailing address: P.O. Box 1129 New Bern, North Carolina 28562 Telephone Number: 252-639-2701 I certify that I have authorized Thomas Cleary (agent/contractor), to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of Adding the proposed boat lifts on C — Dock at the New Bern Grand Marina at my property located at Craven Street New Bern, North Carolina 28560 This certification is valid through Mrch 31 , u l l (date). (Property Owner Information) Sig t re Mark Stephens Print or Type Name City Manager. City of New Bern Title, co. owner or trustee for property 12-17-2018 Date 252-639-2700 Telephone Number stephensm0newbemnc.gov Email Address RECEIVED DEC 2 0 2018 MP SECTION MHD AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS Name of Property Owner Applying for Permit: Marina Ventures 223, LLC Mailing address: 134 Craven Street New Bern, North Carolina 28560 Telephone Number: 252-229-7746 Email: thomas(&carolinawaterfrontonline.com I certify that I have authorized Thomas Cleary (agent/contractor), to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of C — Dock at the New Bern Grand Marina and boat lifts to be installed within the existing boat slips that have already been constructed on C - Dock located at the New Bern Grand Marina at my property located at 101 Craven Street New Bern, North Carolina 28560 This certification is valid through January 1" 2020 (date). (Property Owner Information) ure Angella Jones Print or Type Name Marina Ventures 223, LLC Title, co. owner or trustee for property 1b�2g/18 Date 252-229-7746 Telephone Number thomas(cbcarolinawaterfrontonline.com Email Address RECEIVED NOV 19 2018 DCM-MHD CITY NC Division of Coastal Management 9 Cashier's Official Receipt Received From Permit No.: A9ry� -ADolicant's Name, _ ... Project Address: ( 2�4 `, 1 v V el 1 U IV" ' (M 1 1 7887 A B Ell Date: �— 20 g 4010/ Check No.: LI O(b County: -C rl l.yf—n Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date: Date: r Image ID: 000002438442 Type: CRP Recorded: 02/25/2015 at 04:28:18 PH Fee Amt: $28. 00 Page 1 of 4 Workfl0w# 0000129450-0001 Craven, NC Sherri B. Richard Register of Deeds SK3337PD719 RECEIVED DEC 2 0 2018 STATE OF NORTH CAROLINA NIP SECTION 11.EHD COUNTY OF CRAVEN SECTION �. 1➢ttfl ASSIGNMENT AND TRANSER OF DECLARANT RIGHTS This Assignment and Transfer of Declarant Rights (the "Assignment"), made and entered into this the avr# day of February, 2015, by and between CAPITAL BANK, N.A., a national banking organization (hereinafter referred to as "Assignor') and MARINA VENTURES 223, LLC, a Delaware limited liability company (hereinafter referred to as "Assignee"). W I T N E S S E T H WHEREAS, MARINA BUSINESS VENTURES, LLC, a North Carolina limited liability company, as Original Declarant, subjected the New Bern Grand Marina development (the "Marina's to a Declaration of Covenants, Conditions and Restrictions as recorded in Book 2850, Page 610 of the Craven Comity Public Registry, as from time to time thereafter amended (the Declaration and any Amendments thereto being hereinafter referred to as the "Declaration'; and WHEREAS, by Collateral Assignment of Declarant Rights recorded in Book 2850, Page 705 of the Craven County Public Registry, Original Declarant assigned, transferred, conveyed and set over unto Assignor any and all declarant rights Original Declarant had in, over and with respect to the Marina; and WHEREAS, Assignor accepted the Declarant Rights so assigned, transferred, conveyed and set over by formal Acceptance of Declarant Rights duly executed and recorded in Book 3001, Page 10 of the Craven County Public Registry; and WHEREAS, Assignor now desires to assign, transfer, convey and set over unto Assignee any and all Declarant Rights it may presently have in, over and with respect to the Marina as conveyed with and through said Collateral Assignment of Declarant Rights between Marina Business Ventures, LLC and Capital Bank, N.A. as recorded in Book 2850, Page 705 of the Craven County Public Registry; and WHEREAS, both Assignor and Assignee are in mutual agreement that Assignor assign, transfer, convey and set over unto Assignee any and all Declarant Rights it may presently have in, over and with respect to the Marina which were originally reserved to the Original Declarant in the Declaration and which may have thereafter passed to the Assignor as herein recited. 0 IiUOG'U5t'Et:1(]r}(lii ''71J N.:.j;.j.l �:5 �f\ NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by Assignee to Assignor, the receipt of which is hereby acknowledged and deemed sufficient for the purposes herein expressed, the Assignor does by these presents hereby assign, transfer, convey and set over unto Assignee any and all Declarant Rights and/or Special Declarant Rights that Assignor may presently have in, over and with respect to the Marina as described in and/or enumerated by the Declaration, including, without limitation, any and all such rights that Assignor may presently have pursuant to North Carolina law or otherwise. IN TESTIMONY WHEREOF, the said Assignor and Assignee, through their respective duly authorized representatives, have executed this instrument on the day and date first above written. CAPITAL BANK, N.A. By:jo Title: any Foster, ce rest en STATE OF SOUTH CAROLINA COUNTY OF SPARTANBURG 1, a Notary Public, certify that RANDY J. FOSTER personally came before me this day and acknowledged that he is a Vice -President of CAPITAL BANK N.A., and that by authority duly given and as the act of the said entity, the foregoing instrument was signed in its name and as its act. Witness my, hand and official stamp or seal this o7�/ day of 2015. Sign of Wtary Vile My commission expires: t 1 JO I IllllillilillllllllululllllulllllllullulululluluuW�WllIuI�IIII Image ID: 000002438443 Type: CRP Page 2 of 4 SK3337 Pa720 DEC 2 0 2018 MP SECTION MHD ACCEPTANCE: fgLSg � , as Member/Manager of MARINA VENTURES 223, LLC, a Delaware limited liability company, does hereby acknowledge and accept the assigmnent and transfer of Declarant Rights and/or Special Declarant Rights that Assignor may presently have in, over and with respect to the Marian as described in and/or enumerated by the Declaration, including, without limitation, any and all such rights that Assignor may presently have pursuant to North Carolina law or otherwise. ASSIGNEE: MARINA VENTURES 22.3, LLC STATE OF NORTH CAROLINA COUNTY OF CRAVEN I, a Notary Public, certify that Paul Konapelsky personally came before me this day and acknowledged that he/she is a Member/Manager of MARINA VENTURES 223 Manager LLC, which is the Manager of Marina Ventures 223,-LLC and that as Member/Manager, he has the authority to sign this instrument and that the foregoing instrument was signed in its name by him as the act of the company. Witness my hand and official stamp or seal this day of ,20IS. Ste A4,+acli mevi l- Signature of Notary Public My commission expires: IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII�I�01�1�11 Image ID: 000002438444 Type: CRP Page 3 of 4 BK3337 Pa721 RECEIVED DEC 2 0 2018 MP SECTION MHD A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of oayi CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On RibfU_ ill 014I 0101r beforeme, A. UONPS f N&6ry pt/bli J (here Insert name and llife of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(pJ whose name(AI) Woe subscribed to the within Instrument and acknowledged to me that he/sbfe/tWy executed the same in his/h)Er/t(Ileir authorized capacity(i45), and that by his/h*/their signature(s) on the instrument the person(js), or the entity upon behalf of which the person(&.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A. Jail Coll .4►2070052 z c NiPublic • California c iaofanpe County Coma Ea Tres lime 1 201&+ OPTIONAL INFORMATION (Seal) Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ks iwvied- 4- Trawafer 1�2GlAra✓li� k--iakt"S , containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Penpri(s) or Entlty(ies) Signer is Representing Method of Stoner Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Notarial event is detailed in notaryjournal on: Page If Entry N Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprinds) Image ID: 000002438445 Type: CRP Page 4 of 4 BK3337 Po7 j C E I V E." p copyright 2007.2014 Notary Rotary,Inc. PO Box 41400, Des Moines. IA 50311.0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copiei of thisform. MP SECTION MHD Ll 1 _lam _ rtsaAe ID: grl474191 Tvpe: MP "Dorded: OB/2T/200e aY 12:23:00 Pn Fee Rot: $41.00 Pape 1 of 10 Craven, NC Sherri B. Richard Register of Deeds m(2753 Pu703 Prepared by: Stare Property Office, NC Department of Administration 1321 Mail Service Center Raleigh, North Carolina 27699-1321 F' No. SML-25D2 Return to: a.7t aw: C- if. Lev PIN No STATE OF NORTH CAROLINA EASEMENT COUNTY OF CRAVEN THIS EASEMENT ("Easement"), made and entered into as of the date set forth in the notary acknowledgment below, by and between the STATE OF NORTH CAROLINA, a body politic and corporate (the 'State") and MARINA BUSINESS VENTURES, LLC, a North Carolina limited liability company ("MBV"). WITNESSETH: THAT, WHEREAS, the City of New Rem (the "City and a predecessor in title to MBV (said predecessor in title to MB V being referred to herein as the "Developer') entered into that certain Disposition and Development Agreement (the "Agreement") in June 1994, which provided, in part, for the development and construction of a manna and related facilities (sometimes referred to herein as the'Structures') by the Developer in the Trent River, WHEREAS, in furtherance of the Agreement, the City conveyed two tracts of land totalling approximately 12.5 acres to the Developer (the "Development Property"), but excepted from said conveyance a strip of land approximately thirty (30) feet in width extending along the shoreline of the Trent River, said strip of land being more particularly described in Book 1127, Page 947, Craven County Registry (the "City Properly"); and, WHEREAS, the City granted to the Developer a perpetual ingress and egress easement over and upon the City Property as we] I as an easement to attach the Structures to the City's bulkhead adjoining the Trent River, so that the Developer and its successors and assigns might have access to and permanently own and operate a manna in the Trent River, which easement was to be appurtenant to and run with the Development Property; and, New kw Gy" (M�r► RECEIVED NOV 19 2018 DCM-MHD CITY WHEREAS, the Developer completed the Structures in fulfillment of the Agreement and, after several years of the Developer and its successors in title operating the marina, the Development Property and the Structures were conveyed to New Bern Hotels, Inc. and Alijenn Properties, Inc. ("NBH / Alijenn') in deeds recorded in Book 1305, Page 75 and Book 1364, Page 181, Craven County Registry; and, WHEREAS, NBH / Alijenn sought to expand the footprint of the Structures and made an application to the State, pursuant to North Carolina General Statute §146-12, for a submerged land easement; and WHEREAS, submerged land easements made in accordance with North Carolina General Statute § 146-12 are appurtenant to and run with the adjacent riparian land and may only be granted to the owner of the shoreline property; and WHEREAS, the nature and extent of NBH / Alijenn's interest in the City Property was misconstrued and the State has now concluded that it granted a submerged land easement to NBH / Alijenn in error in an instrument recorded on December 23, 1998 in Book 1669, Page 824, Craven County Registry (the "Original Easement'); and, WHEREAS, subsequent to the grant of the Original Easement, the Development Property and the Structures were conveyed by NBH / Alijerm to Trent-Neuse Hotel, LLC ("TNH") in deeds recorded in Book 1671, Page 886 and Book 1671, Page 899, Craven County Registry, and application for an easement transfer was made to the State, pursuant to North Carolina General Statute §146-12(1); and WHEREAS, the Stated granted the transfer of the Original Easement to TNH in an instrument recorded on September 8, 1999 in Book 1717, Page 937, Craven County Registry; and WHEREAS, the existing Structures and a portion of the Development Property was conveyed by TNH to MBV in deeds recorded in Book 2369, Page 275 and Book 2369, Page 282, Craven County Registry (the "Marina Upland Property') and MBV made application to the State for a transfer and modification of the Original Easement pursuant to North Carolina General Statute §146-12(k) (1); and, WHEREAS, the State granted the transfer and modification of the Original Easement to MBV in an instrument recorded on July 3, 2007 in Book 2621, Page 81, Craven County Registry; and, . WHEREAS, the State has now concluded that the riparian land adjoining the submerged land easement is owned by the City and that the Original Easement and all subsequent transfers and modifications granted by the State pursuant to North Carolina General Statute §146-12 were made in error, and, WHEREAS, MBV now desires to obtain an easement from the State for its Structures located in or over the State-owned lands covered by the Trent River, and I! MII rmepa Im 60666i3O 92 Typa: cW Pape 2 of 10 a-2753 PG704 RECEIVED NOV 19 2018 DCM-MHD CITY WHEREAS, in recognition of the public interest purposes contemplated by the parties to the Agreement, the fulfillment of the objectives of the Agreement, the covenants madeby the parties to the Agreement and the reliance of the Developer and its successors, including MBV, and third parties in and to the rights granted by the State in the Original Easement and the subsequent transfers and modifications of same, the State has consented to MBV's request to grant an easement for the Structures in and over the State-owned land covered by the waters of the Trent River, subject to the terms and conditions set forth herein, pursuant to North Carolina General Statute §146-11; and WHEREAS, the North Carolina Department of Administration ("Departmenfl has authorized and approved the execution of this instrument for the purposes herein expressed; and, WHEREAS, the execution of this instrument for and on behalf of the State of North Carolina has been duly approved by the Council of State by resolution adopted at a meeting held in the City of Raleigh, North Carolina, on the 5" day of August 2008; and, WHEREAS, this Easement is made pursuant to North Carolina General Statute §146-11 for the purposes set forth therein. NOW, THEREFORE, in consideration of the public interest in promoting access to navigable waters, a transfer fee of Ten Thousand Seven Hundred Fifty and nol100 Dollars ($10,750.00) for the transfer of the Original Easement paid by MBV and for other good and valuable consideration, the State does hereby grant unto MBV, its successors and assigns, subject to the terms and conditions contained herein, an easement in and over State-owned land covered by the waters of the Trent River, said easement being located in the City of New Bern, Craven County, North Carolina, and being more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Easement Area'), as same is shown on a map attached hereto as Exhibit B. The terms and conditions on and for which this Easement is granted are as follows: 1. This Easement shall not be construed as a grant by the State of any rights or interest in and to the adjoining riparian land or bulkhead to which the Structures are attached. 2. MBV shall not exclude or unreasonably interfere with the general public from exercising public trust rights, including commercial and recreational fishing, shell fishing, seine netting, pound netting, and other fishing rights, in navigable waters within the Easement Area. MBV shall make such accommodations for general public temporary or transient dockage or mooring as specifically provided in CAMA Permit Numbers 106-97 and 114-03, as those permits may hereafter be amended, reissued or superseded within the same Easement Area, provided that MBV may provide additional such accommodations, but only to the extent determined by MBV to be commercially practicable. 3. This Easement confers upon MBV no additional rights to interfere with the approval, issuance, or renewal of shellfish or water column leases or to interfere with the use or cultivation of existing shellfish leases, water column leases, or shellfish franchises. ■YIkRWmin 1=90 m: 0e00014747a3 TYPe: CRP r� r q Page 3 of 10 aKZ753 Pc705 DECEIVED " 19 2018 9:: ti-MHD CITY 4. This Easement is subject to all rights conferred in previous conveyances by the State in and to the Easement Area. 5. This Easement is granted for a term beginning on the 25th day of August, 2008, and terminating on the 29th day of June, 2049 (the "Initial Term'), unless earlier revoked. 6. Upon written request from MBV or its successor in interest, this Easement shall be renewed for an additional term of fifty (50) years (the "Renewal Term" and the easement granted for such Renewal Term is hereinafter referred to as the "Renewal Easement'). The Renewal Easement shall be subject to the terms, conditions, and purchase payments applicable to easements of a similar nature granted by the State under North Carolina General Statute §146-12 at the time of such renewal. The initial Term and the Renewal Term are collectively hereinafter referred to as the "Easement Tenn." Written notification shall be provided by the Department to MBV at least one hundred eighty (180) days prior to the expiration of the Initial Tenn. A letter application for the Renewal Easement shall be submitted by MBV to the Department within one hundred eighty (180) days of the date of the notice of expiration by the Department. 7. This Easement pertains to and is applicable to the Structures allowed by CAMA Permit Numbers 106-97 and 114-03. The Structures shall be used for the following purposes: mooring vessels at or adjacent to the Structures as provided in CAMA Permit Numbers 10&97 and 114-03, as those permits may hereafter be amended, reissued or superseded within the same Easement Area. All terms and conditions of CAMA Permit Numbers 106-97 and 114-03 are hereby incorporated and made a part hereof. 8. Subject to compliance with Article 7, Chapter 113A of the North Carolina General Statutes, MBV shall have the right to repair, rebuild or restore the Structures located upon the Easement Area. 9. The exercise of the rights under this Easement shall be contingent upon MBV obtaining all necessary permits and authorizations and complying with all federal, state, municipal and other laws, codes, ordinances, rules and regulations applicable to the Easement Area MBV shall not make or permit any unlawful use of the Easement Area. 10. MBV shall not exercise any rights granted herein in any areas outside the Easement Area without first obtaining a written modification of this Easement. In the event such a modification is desired, MBV shall submit to Department a written request and provide the following information with such request: (i) full name and address of MBV; (ii) plat depicting the footprint and total square footage of the Structures, including any proposed new Structures, located in or over State-owned lands covered by navigable waters, which footprint shall include the total square footage of the area of State-owned lands covered by navigable waters that are enclosed on three or more sides by any such Structures; (iii) copy of any CAMA permit required for structures under Article 7 of Chapter 113A of the General Statutes; (iv) instrument(s) establishing ownership of the Marina Upland Property and the Structures located in or over -State owned lands; (v) specify the use or uses associated with the Structure(s) to be covered by the easement and (vi) include the appropriate easement purchase payment, applicable to easements Hf111A11111111ldl, 111 Image IC: OWMI474794 Type: CRP Pape 4 of 10 m2753 P-706 RECEIVED NOV 19 2018 DCM-MHD CITY of a similar nature granted by the State under North Carolina General Statute §146-12. The minimum easement purchase payment for any modification of this Easement shall be Five Hundred and no/10013ollars($500.00). No easement purchase payment shall be required for the modification of an existing use that does not expand the footprint of the existing Structures. No refunds shall be provided for any modification that reduces the footprint. 11. Upon transfer of the Marina Upland Property and the Strucu es during the Easement Terry the easement rights granted herein shall be transferred automatically to the subsequent owner of the Marina Upland Property and the Structures, subject to the limitations hereinafter set forth. In the event the subsequent owner of the Marina Upland Property and the Structures (1) gives written notification to the Department, pursuant to Paragraph 14 herein, within twelve (12) months of the date of transfer of the Structures accompanied by a copy of the instrument of transfer, and (2) remits an easement purchase payment as follows: (i) Ten Thousand Seven Hundred Fifty and no/100 Dollars ($10,750.00) for any transfer(s) made on or before June 29, 2024; (ii) Twenty -One Thousand Five Hundred and no/100 Dollars ($21,500.00) for any transfer(s) made during the last twenty-five (25) years of the Initial Term; (iii) the same initial easement purchase payment made at the beginning of the Renewal Term for any trarnfer(s) made during the first twenty-five (25) years of the Renewal Term; and (iv) twice the amount of the initial easement purchase payment made at the beginning of the Renewal Term for any transfer(s) made during the last twenty-five (25) years of the Renewal Term, such subsequent owner shall be entitled to receive an easement document transferring to such owner the easement rights granted herein for the remainder of the unexpired Easement Term. Failure to comply with the provisions set forth in this Paragraph 11 shall result in termination of this Easement. 12. It is expressly understood and agreed between the parties hereto that if MBV shall neglect to do and perform any matter or thing herein agreed to be done and performed by it, and shall remain in default thereof for a period of sixty (60) days after written notice from the State to MBV calling attention to such default, the State, with the approval of the Governor and Council of State, may declare this Easement revoked. Said notice shall be given by certified mail to MBV at the address set forth in Paragraph 14(a) of this Easement. 13. Nothing contained herein shall be construed to prohibit MBV or its successors from granting other persons rights of use of portions of the Structures on the Easement Area for periods not to exceed the Easement Term. All rights so granted shall automatically terminate upon expiration or revocation of this Easement. 14. a. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: to the State: North Carolina Department of Administration State Property Office Attention: Director / Deputy Director 1YtlIpI1111111111111M 1 1321 Mail Service Center Ytllp m Raleigh, North Carolina 27699-1321 1M&Pa 10: 000W1474795 Tvpa: CW Pape 5 of 10 BK2753-707 RECEIVED Nov 19 Zola DCM-MHD CITY to MBV: Marina Business Ventures, LLC 1220 S.E. Cary Parkway, Suite 201 Cary, North Carolina 27511 Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice. b. In the event ownership of the Marina Upland Property and the Structures is transferred subsequent to the date of this Easement, MBV agrees to give written notification to the State by certified mail at the above address within twelve (12) months of the date of such transfer of ownership. Such notification shall include: (1) A copy of the instrument of transfer. (2) The name(s) of the subsequent owners) of the Marina Upland Property and the Structures. (3) The mailing address (es) of such subsequent owner(s). 15. This Easement shall become effective only upon recordation in the Office of Register of Deeds for Craven County. MBV shall mail a copy of the recorded Easement to the State at the address set forth in Paragraph 14(a). 16. Failure by the State to require strict compliance with any term or condition of this Easement shall not be construed as a waiver of the State's right to enforce compliance with such term or condition or any other term or condition contained herein. 17. MBV, by acceptance of this Easement, agrees to comply with and be bound by all terms and conditions set forth herein. 18. This Easement shall be governed by, construed under and interpreted and enforced in accordance with the laws of the State of North Carolina, regardless of conflict of law principles. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK �N InW ro: 0009ofPW 6 ry .,to CM ra of w2753Pa708 RECEIVED NOV 19 2018 DCM-MHD CITY IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this instrument to be executed in its name by MICHAEL F. EASLEY, Governor, attested by KXAi67YX>4 SXA;X Eifd47fOl36XpI09Il ' and the Great Seal of the State of North Carolina to be hereto affixed by virtue of the power and authority aforesaid. ROONEY S. MADDOX, Chief Deputy Secretary of State, STATE OF NORTH CAROLINA By: Governor - �,r_"•.�. ATTEST: f i�i. By: CHIEF PUTY SECRETARY OF STATE APPROVED AS TO FORM: ROY COOPER A YG L By. Ass,stant Alto ey G eral III11IU 1ID11111111111 Image I0: 0WW1414787 Type: CAP Pape r of 10 m2753 P-709 RECEIVED NOV 19 2018 DCM-MHD CITY i 11601111111213 Image I0: 000001474796 Type: CRP Page a of 10 aK2753 ,G716 STATE OF NORTH CAROLINA .Z• .-ri�lr OUPIX'" I, Ptt>,artl--, L . lAakoeS _, a Notary Public in and for the County of A i ak,& and State of North Carolina, do hereby certify that RODNEY S. MADDOY, Chief Deputy Secretary of State of North Carolina, personally came before me this day and acknowledged that he is Chief Deputy Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by MICHAEL F. EASLEY, Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and attested by himself as Chief Deputy Secretary of State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the 25 day of �U�, 2008. NacN nare rm Court •1•b of Nodr1 co N1' CoWanboon bwp 0o 19 2at t /i./ .. I"W01 oZim t LALUMbLULLOR ia"W •• My Commission Expires: (nr-4. )'j t ZOII_ RECEIVED NOV 19 2018 DCM-MHD CITY EXHIBIT A LEGAL DESCRIPTION ATTACHED TO EASEMENT BETWEEN THE STATE OF NORTH CAROLINA AND MARINA BUSINESS VENTURES, LLC Lying and being in Township No. 8, Craven County, North Carolina and being more particularly described as follows: Commencing at a North Carolina geodetic monument stamped'EI46 AZ 1976' with NAD 83 Grid coordinates North 498,433.26, East 2,585,558.18; thence South 53 degrees 58' 52" East 194.35 feet to a point on the Trent River water side of a concrete bulkhead and being the point of beginning; thence from said point of beginning along and with said concrete bulkhead South 43 degrees 09' 10" East 185.16 feet to a point; thence South 88 degrees 00' 01" East 365.49 feet to a point; thence North 46 degrees 37' 23' East 135.44 feet to a point; thence South 88 degrees 15' 1 T' East 471.53 feet to a point on said bulkhead; thence leaving said bulkhead with a line into the Trent River South 01 degrees 44' 43" West 112.79 feet to a point; thence South 51 degrees 24' 53" West 745.75 feet to a point; thence South 67 degrees 21' 22" West 178.63 feet to a point; thence South 70 degrees 56' 38" West 196.98 feet to a point; thence North 86 degrees 12' 06" West 108.58 feet to a point; thence a line parallel and 50 feet east of the center line of the Norfolk and Southern Railroad Bridge North 09 degrees 45' 55" West 693.10 feet to a point; thence leaving the above mentioned lime with said Railroad Bridge North 46 degrees 47' 54" East 126.49 feet to the point of beginning; containing 11.868 acres, more or less, as shown on a survey by Atlantic Survey & Design, PA, dated October 11, 2006 and entitled "Survey of 11.868 Acre Easement Area - Sky Sail Yacht Club for Marina Business Vemures, ' which survey is attached hereto as Exhibit B and reference to which is hereby made for a more particular description. �..P. ll�l�lAP�11171NpTl p : GRP Imape ID: 000001111793 Pape Type: CqP Pape 9 cf ID e,2753 Pa711 RECEIVED NOV 19 2018 DCM-MHD CITY Now, RNw �R A. yS ,f llww W[M !V dy rg q p pave!' L g L IKK TR EXHIBIT 8 [ SHNMIO &M�nI OF SUN y l ,a+y eJiyn YrtIY [Y[ [.Y F['aw Can rur M avo.Yr� nr w YtF u^'Y Ye.[e Yr a • N�[a, tb[ dY �M of SnoYn Y vLtON•. W t �-Y [wFY awwYC <Y[ w� f�Wlwl �•F1 [. YnyW /a Mwn w nY[Ii tne. G[t Iaw Ia OY eoraeN. /P. eNMt FI wY. r e. eeT.... t [T SIYY Y Mo1Y JMe Yt PNY a seswu e/ w o ryuum,pny 1iu ae w ft ,iaoe SM L-=2 MWIN 0 M%1 IrmC Rhv wvn,pen. [ NNX91T Krr w0 a m[w¢ pwl®m mt[cl Nc am auo ea N 1pFep' Ol N aG Mw. w I0a50' mn Ng• u poL A L.amnLp emus! Aro wa Ic B®I ➢Nt1® p[ A USY mVNYm'[ A'IDC( M1 (W(.LIQ P.M AVt AAL1CfYl fAIO ma's ➢GWLESIWI. Lrrr.t arm. C6t[q 112q Anw (f04G10 5.1 I[) hroaYG O.Gtp M C2]JW Sa It) lo(a Iwv IL.pGp 4:rn 11.868 Acre Easement Area 5ty5a TpGNt Geb Marine OUSmCSSP Ventures. LL6 Ib9 fbn4y UO RM Naafi) hxG"4�f, '121111111 loll$ Image I0: 000001474800 TVge: CRP Page 10 If 10 -2753 PG712 (RECEIVED NOV 19 Z018 DCM-MHD CITY AM, ASF i o -- law rl ha 4, feO., - - rir I At Q Z.". I %►g 61 SON 0-aN3031, ■ Complete items 1, 2, and 3. A. ■ Print your name and address on the reverse xc so that we can return the card to you. ■ Attach this card to the back of the mailpleae, B. or on the front if space permits. lcle Addressed to: lvA- 11dt I��C;tw 2`� () � t� igk u-40nS 61. tdiem f I NC, 27(ooq IIIIIIIIIIIIIIIIIIIIIIIIIII II II IN IIIIIII I III 9590 9402 3159 7166 9498 26 9. Amcle Number flhv W eorn service faW 7017 3380 0000 8321 1235 PS Form 3811, July 2015 PGN 7530-02-000-9053 Received by (Primed NarAb) C. Date of Delivery Is deriv�ress difikent from Rem 17 ❑ Yea If YES, enter delivery address below: ❑ No RECEIVED 3. Service Typety Mail Express® ❑ Adult Signature ❑ Registered Mello" ❑ Adult Signature Restricted Delivery ❑ R istared Mail Restricted ❑ Certified Mell®PcQl� M H I.) ❑ Certified Mail Re�( di. to ElCollect on Delivery Merchandise O Colect on Delivery ResMcted Delivery D Signature Confirmationo" 1 MBiI ❑Signature Confirmation I Mail Restricted Delivery Restricted Defivery SOD) Domesfic Return Recelpt First -Class Mail Postage & Fees Paid I II I I III ��III II � III III PUSPS ermit No. G-10 9590 9402 3159 7166 9498 26 United States • Sender. Please print your name, address, and ZIP+q® in this bo; Postal Service w� "n n n 11,I11,1,1111I„I,,I,I,,111'1'1'-1-11111111,111'III,I,,11,1,,,1i, ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so tkit we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. N G Roo'\Y-Oo'-A CIO -3-t n, YLQSS I er - foq Ntg�.wcx�as IBIQ6 1,(41 t2 tgti h1C a7 60�F 11111111111111111111111111111111111111111111111 9590 9402 3099 7124 9894 12 x'1i 4�A. " ❑ Agent JaV)nO�. N I1 cNj �a I?"-7'' Is delivery dress dM n! ftnm item t? ❑ Yes If YES, enter delivery address below: ❑ No RECEIVED MaN Express® red Mall- Wd Mall Reshk z. A 7 011 0 4 7 0 hj .n D Colleol on Delivery Restricted Delivery ❑ Signature CoM nnM onTM �003 2518 n Mai ❑RestrictedDelileanon 0890 stdcted Deliverysignature Go ry Ps Form 3811, July 2015 PEN 7530-02-000-9053 Domestic Return Receipt USPS TRACMG # USPS M First-Class Mail Postage & Fees IIIIIII 3illi III Permit No. G-10 Paid 9590 9402�9M 7124 9894 12 United States • Sender: Please print your name, address, and ZIP+4® in this box - Postal Service New Q,ertN Cs't'arnL �1-,o rr of C1 20.�f`j �eW C3r�tn, rlc a8�6o F WE) �I��Iwtllllrgnnt•�I�I�1,pll�lll.pl,�llit�p,p.�ll�tpld ■ Complete items 1, 2, and 3. 11 A ■ Print your name and address on the reverse x so that we can return the card to you. ■ Attach this card to the back of the mailplece, e or on the front if space permits. � C1 0 Ge ;ilDq S Glec�b�rs�; e 9,6 New ?>42:e r, We , yco D. Is delivery address different from Rem 1? G Ye; If YES, enter delivery address below: ❑ No RECEIVED wu 1 0 7111R Service Type ❑ Prlodty Mail Exp 9590 9402 3099 7124 9894 06 Cedifed Mall Respicted Delivery %Z Return Receipt for ❑ Collect on Delivery Merchandise _.-•_ .._,,,,. T,e„aQyr r�,e service /apep ❑ Collect on Delivery Restricted Delivery ❑ SignatureConHnna ' m='.w Mn11 ❑ signature Confinne 7011 0470 0003 2518 0906 Xtr'"Bd Delivery Restricted Delivery F P3 Form 3811, Juy 2015 PSN 7530-02-000-9053 Domestic Return Receipt u�s'��''=''���'•x•=�-First-Class Mail Postage S Fees Paid II USPS I I I I III �� I�4� I I II I I Permit No. G-10 9590 9402 3099 7124 9894 05 United States Postal Service Sender: Please print your name, address, and ZIP+4® in thi; yS� 1 �W s4zp t\ G r0.'t\ A Mair"A o' 'iCl�t \ 3y. Cco_O eY\ S" W ew 123Qrv� , *NC ;)L9 ►411iI�tltllllltPlltIIl�II�IhrlAllllm�t�lllllllPl1141d1 Certified Mail Provides: IN A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mai Priority Mail& ■ Certified Mail Is not available for any clasOf internOMnal ■ NO INSURANCE COVERAGE IS PR DIED N R Cei&d Mail. For valuables, please consider Insured or Re eyed MSiY. QQQ ■ For an additional fee, a Return Receipt a be regt�sted wide proof of delivery. To obtain Return Receipt service, ass complete a Lach a Return Receipt (PS Form 38111 to the article an d appli l po a to cover the fee. Endorse mailpiece Return Receipt R ested". somvma fee waiver for a duplicate return receipt, a USPSa postk on y ertiim Mail receipt is ■ For an additional fee, delivery may be restricted to tea! addressee or addressee's authorized agent. Advise the clerk or mark the 1piece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt Is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 753002-000-9047 a n- m 0 ""'V'r?"TVIRL U5t Ln to Po•w. ,� �� m Certllled Fee ill, tlll O PoWn lk p O Retum Pt c 1pt Fee (Endommem Required) in.[1U IMn 0 Rest kt Delivery Fee " N (Endureomem Required) O Totel Poetepe B Fe" .$ ill/Ili "Ilia Pi i9,h, N(- Certified Mail service provides the following benefits: • A receipt (this Potion of the Certified Mali label). for an electronic return receipt, an a retail is A unique Identifier for your malliplece. associate for assistance. To receive a duplicate is Electronic verification of delivery or attempted return receipt for no additional fee, present this delivery. USPS®-postmarked Canned Mail recelpt to the • A record of delivery gnduding the recipient's retail associate. signature) that Is retained by iha Postal Service" - Restricted delivery service, which provides for a specified period. delhery to the addressee spec led by name, or tothdenaturee'saes. IntportantRemindere: Mich ' Atlutt signature service wsets r(nas oa •You may urchase Certified Mail service with YP first -Class Mail-, First -Clam Package Service•, or Priority Mail• service. signe�ilGe al less sets (not avtil tretail). O IN, -Adult restrll�delive rvice, which • Certified Mall service is not afludh or repwr , signed WSW Is years of age International mall. • Insurance coverage is notavallable for purchase andpr� stleliveryjiNa add aspecified by nanlq!Qro the addressee's a red agent with Certified Mail service. However, the purchase of Certified Mail service does not change the (not avSSllAallto at men ^ Cr • To ensure your Cent ail rat is Insurance coverage automatically included with accepted QLtgal proof (ling,' Sl�l uld bear a certain Priority Mail items. USPS postmark If you would like a on • For an additional hie, and with a proper Crark this Certified Mail receipt, please pralEllt your endorsement on the mallphi you may request Ceded Mall Item at a Post Office" for the following sauces: postmarMng. 0 you don't need a postmark on this - Return receipt service, which provides a record Cemfied Mail receipt, detach the harcoded paten of delivery (including the recipient's signature). of this label, affix it to the mailpiece, apply You can request a hamcopy ream receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt complete PS Form 3811, pomesac Return Receipt, attach PS Farm 3811 to your mailpiece; 1MPOIRAXP. Sava this reeetpt M your records. PS Fam, 3800, spill 2015 (Reverse) PSN 753402L00-60q Ul m ru RAL 'HFNF2 GrtMbC Mail Fee m $ $3.4 Z �O re nRwo8 ae hw,WM�(I ❑Retum Receipt maN p t O ❑Retw Receipt te7IWwmnl t C3 ❑Gitm. Mel, ReslMeE h'.rY t�I O❑Muft Signature RepulM �RpuX SlBaature Reso-k;tee i C3 Postage CO $0.50 m Tobl Postage and F. r^ $6.70 ry �kfill 'r-1 Cc 08 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece IN A record of delivery kept by the Postal Service for two years Important Reminders: i.` ■ Certified Mail may ONLY be combined with FJJJJJJ((((((st-Class�pilit otDority Mail, • Certified Mail is not available for any class ematioig mail() is NO INSURANCE COVERAGE IS PROVI with"ertRirud Mail. For valuables, please consider Insured or Regist_d Mail. = T ■ For an additional fee. a Return Receipt may Wreouesteitto or a proof of a duplicate return receipt, a USPS® postmarkM your Ce/Mied t I�a receipt is required. ^ • For an additional fee, delivery may be restricted to the trela'essee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery'. • If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3600, August 2006 (Reverse) PSN ]530-02-000-90G] o � p �+ NE VEF, FO'l M L U S E. n�i per' t m c rtdWFN {ii,fi(l O Pos muk Fm p (Ene ..M Rsep WOM 4n. nn H" Reetrlc Delivery FN N(EnWmement R.quln� � £Il.r o TOW PeteoeaFN. 1i1;;4l2Ci13 $6... ri rq t.e1t Crerrold o�vee- Q---.1�..... .._--------------- pO eoQ aiNa-; Q.']..'_-._l/-Tli �I -bv-�i�_2 �� "44tZorn, Y A c 1-i -r- North Carolina Railroad Jim Kessler 2809 Highwoods Boulevard Raleigh, North Carolina 27604 Hello Mr. Kessler- C r. U B Thank you for allowing me time to explain what we would like to do in terms of having boat lifts placed on C - Dock here at the New Bern Grand Marina located here in New Bern, North Carolina. Again, the boat lifts will be exclusive for only C - Dock to keep the marina looking uniform. Enclosed, in the documents - you will find the following documents for your review and notification of our proposal to have the boat lifts placed inside the existing boat slips that are already constructed and there will be no modifications to the existing structure and will have no implications to the railroad tresses. - Adjacent Riparian Property Owner Statement - Exhibit A - Which is the plat map of the marina showing C - Dock - Exhibit B - Which is an example - drawing showing the boat slip with the boat lift - Drawing schematic of a boat lift to be installed on C - Dock I have also contacted CAMA and they have agreed to allow the boat lifts on C - Dock as long as I have the permission from the City of New Bern which has already signed the necessary documents and notify Norfolk-Southem Railroad which owns the railroad tresses running along the west side of the marina as well as notifying the Department of Transportation which owns the property where the Cunningham Bridge crosses over the Trent River leading out to the Neuse River. Please sign the 'Adjacent Riparian Property Owner's Statement - and please return to - Thomas Cleary 134 Craven Street New Bern, North Carolina 285W If you have any questions or would like additional information; please feel free to contact me any time and I will be happy to assist you. Again, I appreciate your time and consideration. sl Respec Ily- New Bern Grand Ma 'na Cell: 252-229-7746 RECEIVED thomasacarolinawaterfrontonline com New Bern Grand Marina -134 Craven Street - New Bern, North Carolina - 28560 NOV 19 2018 DCM-MHD CITY . (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com 1113 C3 Rd(ntRequlF C3 TotalPoelage& Fees .$ iilr'�1 ti_I11$ r. £1 of ......................... M1 aPoeo..NA. 8(}L�Y�(o5,hW000�J �%�........ I Qi 9,f N C Z� Kb� Domestic Mail Onll ru a RAL SH�N :? ru N Certlfied Mal Free $3.4 m $ s0 Bft Services 8 Fees ( t ❑ Retum Pacelpt (11rv000 r7 ❑Repm P.ecNpt (� 0 ❑Certllletl Mall RaaMpiW C3 ❑Odud 9Urewre Required G ❑bu115gnelure Raebkbd O Pos age f0.54 m $ m Totel Postageeml M . $6.70 r-1 [ - !17 C3 8beetend No. P25 8 C, Z '-/(o C) ,a o (Domestic Mail Only� No insurance Coverage Provided) cc i "T" F" M01 A L U S E. Ln rru 'r 0571 �t TC �l m certified Fee o PoSh1■M O Restm Recelpt Fee O (Endorsement Required) 90, 0t) 11.r. Restricted Dd"'y Fw , (Endonamem Required) tM 1bmlPostage BF.e. $ 11J/30/20118 .. ri r- a•---12).e h•-_Gevrold M1 Vieo �:._Glenbu> r;e cm;wamac. re. -- -. ..._ --•------------•-•-- rn�vw��v,n, N � �$S�j�- RECEIVED NOV 19 2018 DCM-MHD CITY - z Y A C 1 1 -r t_ = C t. a B North Carolina Department of Transportation Rhett Gerrald 209 South Glenbumie Road 28560 Hello Mr. Gerrald - Thank you for allowing me time to explain what we would like to do in terms of having twat lifts placed on C - Dock here at the New Bern Grand Marina located here in New Bern, North Carolina. Again, the boat lifts will be exclusive for only C - Dock to keep the marina looking uniform. -- --- -- -- -- - Enclosed, in the documents - you will find the following documents for your review and notification of our proposal to have the boat lifts placed inside the existing boat slips that are already constructed and there will be no modifications to the existing structure and will have no implications to the railroad tresses. - Adjacent Riparian Property Owner Statement - Exhibit A - Which is the plat map of the marina showing C - Dock - Exhibit B - Which is an example - drawing showing the boat slip with the boat lift - Drawing schematic of a boat lift to be installed on C - Dock I have also contacted CAMA and they have agreed to allow the boat lifts on C - Dock as long as I have the permission from the City of New Bern which has already signed the necessary documents and notify Norfolk -Southern Railroad which owns the railroad tresses running along the west side of the manna as well as notifying the Department of Transportation which owns the property where the Cunningham Bridge crosses over the Trent River leading out to the Neuse River. Please sign the 'Adjacent Riparian Property Owner's Statement - and please return to - Thomas Cleary 134 Craven Street New Bern, North Carolina 28560 If you have any questions or would like additional information; please feel free to contact me any time and will be happy to assist you. Again, I appreciate your time and consideration. e u Thomas Cleary New Bem Grand Manna Cell: 252-229-7746 thomasno carolinawaterfrontonline.com RECEIVED New Bern Grand Manna -134 Craven Street - New Bern, North Carolina - 28560 NOV 19 2018 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER �ySTATEMENT J �fJ� 1 hereby certify that I own property adjacent to ��y„f,] 0`t`r`r) �,1'st=111�=`—"—'t (Name of Property Owner) property located at o: craven S_reet (Address, Lot, Block, Road, etc.) real River In New 5er❑ N C. on — (WatelCityfTewn andfor County) rUody) The applicant has described to me, as shown below the development proposed at the above location. M_ I have no objection to this proposal. have objections to this prOpOsal ANMR DRAW"M OF PROPOSED DEVELOPMENT h&VAk Amffl ep a.Me drawing) PLEASE REVIEW COVER LETTER WHICH OUTLINES PROPOSAL. FOR BOAT LIFTS AT THE NEW BERM GRAND MARINA ON C DOCK ONLY EXHIBIT A - WHICH IS THE NEW BERN GRAND MARINA PLAT MAP WINCH SHOWS C - DOCK OUTLINED IN RPM THAT SHOWS WHERE THE DOCK IS LCCATED WHERE WE WO'JLD LIRE TO INSTALL THE BOAT LIFTS - THERE WILL BE NO MODIFICATIONS TO THE DOCKS OR THE FINGER PIERS THAT ALREADY EXISTS AND ARE IN PLACE NOW. EXHIBIT B - WILL SHOW THE BOAT LIFT AND PILINGS THAT ARE DRIVEN INSIDE THE EXSITING BOAT SLIP AREA WAIVER SECTION I understand that a pier, dock, moonng pilings, boat ramp breakwater boathouse, It. or groin must be get back a minimum distance of 15' from my area of riparian access unless warved by me. (if you wish to waive the Setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement I d0 not wish to waive the 15' setback requirement. (Prope�+"f t st Ird atlan) Sixrwryre, t l�A ,/erl e S Pnnt or Type Name _34 Craven Street Marling Address New Bern, NC eS56: G l&Zp 2�,2-229-7,4b Telepl+on® Number / am&# addeaa tnomasWcarolinawaterfrontonline.corn -Valid for one calendar year after signature' ;Adj�c Pr pia wrier la tmation) Sr prure�.• Z►.-* , Pis Print or Type Name 25S S Col�b��.��• Marling Address tie, ?_e _ lL Z8�0zs_ Crry/Sta'a' Zit- 514-r-1721I Telephone Number/amyl add M (Revised Aug. 2014) ,,ECEIVED Nov 19 2018 DCM-MHD CITY Exhibit A x N. a.n p.rryxt aY«brsa[ LLG rc n Y a)-[ e.X.. v..e... uc m. fait n. [m P4 n Y J)K i / 8 4ENT RN ri - NNW MT r•. - "T ravel O - 'IX= • .1 • - ql'v a - erkxM i sr.! ra w mw umvsT ro Gq.M.= Wke [�¢ tutl . AeC .eve.. a � 6 i 1 i > n s W y fa u u y ,= n I Y If 1 M ai M M % t N u ¢ yi rm p � _. IX Y 3i 1 y p ]f N 11 y n GLL K .9 al iJ G• K ) as e) s. Dock W ei �` cl w /4 a ! a 1 4 {` X u 7RMT RIVER = a N a w ] ,• N U ' U ae U ` i w u y •' O f! a I N'• y IY. A N y y y y a4`4 to -dR v 1 as Dock D' -� svl�i ro ✓anl 3 sLGa ]1 Mt b rt lz 21.8" 1.OG! 4DRES ]a - 'G - /y N01Oi� M 2a3 rµ M3 LOCATION 'o r az '= W IrY 3[ Qf tzttaatlM lr 6Rax4 OI ¢[VS - � G] 3O MMLWN WYG ¢XM) Dock (C .279Le395 W rwkA, T)a� '� ReSrwy d • N� i Marina Easement Area 5 fitlilGAl!_Q fi1RVlY IM Y.GRILT New Bern Grand Marina Manna Business Ventures. LLG. c`!•• T. �n msv M�'a«sr!«'run�i�sGiau oqP - 'e a r.'.y. 3'«tt+" - « � ' • 10X'MYF Nw 8 fRRY[X aDVIR HORM LARIXW FY G =r" }' 1OD9 A _ ¢urvev + P_etgn_PA _ tlantics _. - %,, � nx+� �.' Aa nw 25H2iR2 l]OS Ldntry Gfb Rim Q wC2M 6vucicsgr. C A.1I0 QHW-V408 87'51'32' E 4D.00' 40..00- ' V-� 5U.paAn 808'10'35' E ZA 8lOZ 6 I AON O O .N9 '25 B8'0908'06 4 40.04000M 400040.0'0 5 88.2724' E 5 88'03'03' E 40.00' 40.00'N 0N588'i.042• E 5 88'06'49" E 40.00' n �, 40.00' a O n N N `+ Ca 40.00' 40.00' 5 88'00'41' E S 88'10'35' E 40.00' ♦ � 40.00' U W lT � A q W w V+�n Cl 5 8874.00' E 5 88'34"56E A hz m n L►1 O U O � a � O? � W � 40.00• 40.00' N 5 88'2T20' E 5 88'54'16' E w 40.00' i 40.00� a (a u a I 40D M b V u lit 5 88'12'04' E S. 88'29'46' E 40.00' 40.00' 40.00" O 40.00" 5 8T56'48' E 5 88'0076" E 40.00' O 40.00" z s A m s N tig o p •��. 6N 6, 4o.004N. o O II N f n O • • 1 40.00' d ' 5 88'11.18' E 5 88'09'00' £ CD .-r. 37.00" l p 30.0' O NO .p I O 0 (A 30.0" O p p 5 88'09"00' E 37.00" 5 88"11'18" E d CDZ-i II C W N O 4P C) Heavy Duty Lift Motors f k Pilings C,O c'c,(r i ccz) A L- - \S1` C Carpeted Wood B u n kr RECEIVED NOV 19 2018 DCM-MHD CITY 0( USPS Tracking® Track Another Package+ Remove Tracking Number: 70110470000325180906 Department of Transportation Expected Delivery on THURSDAY ■ NOVEMBER2018 See Product Information Status Delivered November 1, 2018 at 10.49 am Delivered, Front Desk/Reoeption/Mail Room NEW BERN, NC 28560 Tracking FAQs RECEIVED NOV 19 2018 DC M-MHD CITY Tracking Number: 70110470000325180890 Your item was delivered to an individual at the address at 1:22 pm on November 8, 2018 in RALEIGH, NC 27604. Status Delivered November 8, 2018 at 1:22 pm Delivered, Left with Individual RALEIGH, NC 27604 Delivered November 8, 2018, 1:22 pm Delivered, Left with Individual RALEIGH, NC 27604 Your item was delivered to an individual at the address at 1:22 pm on November 8, 2018 in RALEIGH, NC 27604. RECEIVED NOV 19 2018 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director Coastal Management ENVIRONMENTAL QUALITY December 7, 2018 Marina Ventures 223, LLC c/o Angela Jones 134 Craven Street New Bern, NC 28560 Dear Ms. Jones: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the New Bern Grand Marina property located adjacent to the Trent River at 100 Middle Street in downtown New Bern, Craven County. It was received on December 5, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 19, 20141. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 5, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right- of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Nothing Compares �. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T New Bern Grand Marina Page 2 of 2 12/7/18 An onsite inspection will be made; and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely,ffa� Brad Connell Coastal Management Representative m Enclosure CC: Gregg Bodnar, Asst. Major Permits Coordinator Roy Brownlow; District Manager Thomas Cleary, NC Coastal Properties, LLC Matt Montanye, City of New Bern Nothing Comparesf, State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 2528082808 T P' Yl 1, �tl �:. F.. • h;ia SAi' �' fa �1 ::. CAM^ PERMIT APPLIED FOR PROJECT: Install 44 boat lifts on i°C Dock" within the Trent River in New Bern adjacent to 100 Middle Street. COMMENTS ACCEPTED THROUGH January5, 2019 APPLICANT: Marina Ventures 223, LLC c/o Angela Jones 134 Craven Street New Bern, NC 28561 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Brad Connell - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 ROY COOPER �� Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Coastal Management ENVIRONMENTAL QUALITY December 7, 2018 The Sun Journal Legal Advertisement Section P.O. Box 1149 New Bern, NC 28563 Re: Public Notice — New Bern Grand Marina Dear Sir: Please publish the attached Notice in the December 16, 2018 issue of the Sun Journal. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely Brad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow Nothing Compares�� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T IF NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on December 5, 2018. According to said application, the New Bern Grand Marina proposes to install boat lifts within forty-four existing boat slips in the Trent River, adjacent to 100 Middle Street in downtown New Bern, Craven County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to January 5, 2019, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: December 16, 2018 Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T TRANSMISSION JOURNAL T330SYOW 1261 TIME FAX NO.1 NAME F670-A14 :12-07-2018 11:05 :12522473330 : DEQ-COASTAL NO. FILENO. DATETIME DURATION PGS TO DEPT MODE STATUS 156 871 12.0711:05 00:18 2 a919109382722 EC 603 OK MAJOR PERMIT FEE MATRIX Applicant: nRu u VPfl1�,ymc o�a3 LU_ Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (243001602 435100095 11 2341 I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Il. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: — ❑ Major Modification to a $250 100% ($250) 0% ($0) A Major permit r development that es the filling and/or of up to 1 acre of aexcavation nds and/or open water , determine if A, B, C, or ow a lies: Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a lied: III(C). If General Water ❑ Quality Certification No. 4097 $400 60% ($240) 40% ($160) (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ❑ Quality Certification No. 4097 $400 60% ($240)T40% % ($160) (see attached) cannot be a lied: IV. For development that ❑ involves the filling and/or $475 60% ($285) ($190) excavation of more than one acre of wetlands and/or open water areas: ❑ Express Major Permit $2,000 DCM Coordinato : Greg Applicant: 70(in1 Distributed Yes® No ❑ Distribution Date: "I i I 1 AGENCY WIRCI D WAR LPO /�/� / CL Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair (Carteret Onslow, Pender) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Tyler Crumbley (Temporarily away Perquimans, Tyrrell) everything goes to Liz) Josh Peletier — (Bertie, Currituck, Dare, US COE (NC DOT) (Brunswick, New Hanover) DOT Brad Shaver Gates, Pamlico, Posquotank, Washington) DOT - Tom Steffans — (Beaufort, Carteret, (Brunswick, New Hanover, Dnslow, Craven, Pamlico Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret Lee Padrick (Beaufort, Carteret Craven, Eliz city, Pamlico, Washington) Craven Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Underwater Archaeology Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Div. of Water Infrastructure Heidi Cox Clif Whitfield Curt Weychert WIRO Marine fisheries Shane Staples MHC Shane Staples WARD/ECRO NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins Shannon Jenkins State Property Tim Walton Tim Walton DEMLR/DWR: Sheri A. Montalvo Sheri A. Montalvo (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion/ Dan Sams -Richard-Paad- Sa/mu ow4y k Storm water - Christine Hall Roger Thorpe DWR 401- Robb Mairs (Carteret, New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) - Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter H:\Major Permit\Templates\Maj Comment Distribution Sheet.docx Revised : 6/29/2018 Bodnar, Gregg From: Connell, Brad Sent: Thursday, November 29, 2018 3:18 PM To: Thomas Cleary Cc: Thomas Cleary; Bodnar, Gregg Subject: New Bern Grand Marina application -- revisions request Importance: High Mr. Cleary, This application package is thorough and well prepared. However, there a necessary revisions required for you to address before the NC Division of Coastal Management can accept this application as complete and ready for processing. They areas follows: 1. Project Narrative: please elaborate on the size (i.e. 13' by 13') and type of boat lifts (four piling motorized) being proposed, which slips on C Dock, and the need and usage for these lifts (i.e. promote slip sales to clientele); 2. Form DCM MP-1, Sa: please check the Commercial box only; 3. Form DCM MP-1, Sb: please state the number of boat lifts proposed (i.e. 44); 4. Form DCM MP-1, Sd: please note the total number of support pilings for the lifts that are being proposed (i.e. 176 pilings to be installed); 5. Form DCM MP-1, 6e: please submit $400 payable to the NCDEQ for processing of the application; 6. Form DCM MP-4, lf(iii)-(iv): based on our telephone conversation today, please revise these to standard 13' x 13' boat lifts; 7. Form DCM MP-4, lk-m: please answer; 8. Form DCM MP-4, 7a: please include NCDOT proximity; 9. Form DCM MP-4, 7b: please revise to reflect the nearest adjacent dock; 10. Form DCM MP-4, 7d: please limit your answer to the depths at the terminus of C Dock (i.e. -16' NWQ; 11. Form DCM MP-4, 8: please omit and check the N/A box; 12. Work Plan Drawings: please label Existing and Proposed development, please date the drawings, please state who made the drawings, please revise the drawings to reflect the typical 13' by 13' boat lifts being proposed, please include water depths at C Dock, and in your side view drawing please demonstrate the proposed lift relative to the normal water level (NWQ and the bottom substrate. Your attention to this matter is greatly appreciated. I look forward to receiving your revised application package. If I can be of assistance in the interim, please do not hesitate to contact me. Respectfully, Brad Connell Environmental Specialist I NC Division of Coastal Management http://portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext.214 B ra d. Co n n e l l@ n c d e n r.gov Nothing Compares� ***This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (1111/2012) Applicant: Marina Ventures 223, LLC Date: 12t7/2018 Project Site County: Craven Staff: Brad Connell District: ❑Elizabeth City ElWashington ®Morehead City ❑Wilmington Project Name: New Bern Grand Marina Date of initial application submittal (EX: 1/8/2007): 11/19/2018 Date application 'received as complete" in the Field office (EX: 1/8/2007): 12/5/2018 Permit Authorization: MCAMA ElDredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes SNo Photos Taken: Yes ❑ No® Setback Required (riparian): ZYes 0 No Critical Habitat: ❑Yes NNo Not Sure 15 foot waiver obtained: ❑Yes MNo Hazard Notification Returned: []Yes NNo SAV: [-]Yes NNo ❑Not Sure Shell Bottom: ❑Yes NNo ❑ Not Sure Temporary Impacts: []Yes NNo Sandbags: ❑Yes NNo ❑ Not Sure Did the land use classification come from county LUP: NYes ❑No Mitigation Required (optional): ❑Yes ❑No Moratorium Conditions: ❑Yes NNo ❑NA Environmental Assessment Done: []Yes []No N NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 El III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit -$250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - 0 II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252.806.2808 :: 1.888-4RCOAST :: w rw.nceoastalmanaaement.net revised: 02/15/10 NC. Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: New Bern Grand Marina Date: 1217/18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. ActivityName Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Boat Lift 44 New work ® Maint ❑ Replace ❑ Y ON 13' 13' revlsed 02/15110 0 NC13ivision of Coastal Mgt. Application Computer Sheet, Page 3 of 3', Applicant: New Bern Grand Marina Date: 1217/18 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet Habitat Name DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 26,000 ftz 26.000 ftz Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ' 252-808-2808 :: 1-888-4RCOAST :: wwwmccoastalmanagement.net revised: 02115/10 Connell, Brad From: Connell, Brad Sent: Thursday, November 29, 2018 3:18 PM To: 'Thomas Cleary' Cc: 'Thomas Cleary'; Bodnar, Gregg Subject: New Bern Grand Marina application -- revisions request Importance: High Mr. Cleary, This application package is thorough and well prepared. However, there a necessary revisions required for you to address before the NC Division of Coastal Management can accept this application as complete and ready for processing. They are as follows: 1. Project Narrative: please elaborate on the size (i.e. 13' by 13') and type of boat lifts (four piling motorized) being proposed, which slips on C Dock, and the need and usage for these lifts (i.e. promote slip sales to clientele); 2. Form DCM MP-1, 5a: please check the Commercial box only; 3. Form DCM MP-1, 5b: please state the number of boat lifts proposed (i.e. 44); 4. Form DCM MP-1, 5d: please note the total number of support pilings for the lifts that are being proposed (i.e. 176 pilings to be installed); 5. Form DCM MP-1, 6e: please submit $400 payable to the NCDEQ for processing of the application; 6. Form DCM MP-4, if(!!!) -(iv): based on our telephone conversation today, please revise these to standard 13' x 13' boat lifts; 7. Form DCM MP-4, lk-m: please answer; 8. Form DCM MP-4, 7a: please include NCDOT proximity; 9. Form DCM MP-4, 7b: please revise to reflect the nearest adjacent dock; 10. Form DCM MP-4, 7d: please limit your answer to the depths at the terminus of C Dock (i.e. -16' NWL); 11. Form DCM MP-4, 8: please omit and check the N/A box; 12. Work Plan Drawings: please label Existing and Proposed development, please date the drawings, please state who made the drawings, please revise the drawings to reflect the typical 13' by 13' boat lifts being proposed, please include water depths at C Dock, and in your side view drawing please demonstrate the proposed lift relative to the normal water level (NWL) and the bottom substrate. Your attention to this matter is greatly appreciated. I look forward to receiving your revised application package. If I can be of assistance in the interim, please do not hesitate to contact me. Respectfully, Brad Connell Environmental Specialist I NC Division of Coastal Management htto://oorta I. ncden r.o re/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Con nell @ ncden r.¢ov =I- !--^NothingCompares_,._ acm MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Marina Ventures 223, Llc New Bern Grand Marina Applicant 1: First Name MI Last Name Thomas K. Cleary Applicant 2: First Name MI Last Name WA N/A N/A If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 134 Craven Street N/A New Bern NC ZIP Country Phone No. FAX No. 28560 USA 252 - 229 - 7746 ext. WA WA — WA — WA Street Address (if different from above) City State ZIP WA WA WA WA- WA Email thomas@carolinawaterfrontonline.00m 2. Agent/Conbactor Information Business Name North Carolina Coastal Properties LLC Agent/ Contractor 1: First Name MI Last Name Thomas K. Cleary L Agent(Contractor 2: First Name MI Last Name N/A N/A WA Mailing Address PO Box City State 134 Craven Street WA New Bern NC ZIP Phone No. 1 Phone No. 2 28560 252 - 229 - 7746 aid. WA WA - aid. FAX No. Contractor S WA WA Street Address (d different from above) City Stets ZIP N/A N/A WA N/A - Email N/A <Form continues on back> RECEIVED 19 Zola j)C9-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven N/A N/A 101 Craven Street N/A Subdivision Name city State Zip N/A New Bem NC 28560 - Phone No. Lot No.(s) (H many, attach additional page with list) 252 - 229 - 7746 ext. N/A, N/A, N/A, N/A, N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Trent River Neuse 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 Pamlico Sound e. is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. City of New Bern 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,055' 516970.08 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I NWL (normal water level) (lfmany lot sizes, please attach additional page wiM a list) N/A ❑NHWor ❑NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract Boat slips for docking boats - floating docks - floatig finger piers - pilings - pedestals - electric - water g. Identify and describe the existing land uses ad acent to the proposed project site. North Carolina Railroad - Trent River Railroad Tressel North Carolina Department of Transportation h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes [:]No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No it. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM-MHD CITY 1 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Pump -Out facility on Z - Dock o. Describe existing drinking water supply source. City of New Bem Water p. Describe existing storm water management or treatment systems. WA & Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ®Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Install boat lifts within the confins of exisiting boat slips for boats to be lifted out of the water when not in use - Boat lifts will 'only! be installed on C - Dock which is already built. The boats will be used on a per use basis. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Four (4) Pilings will be driven within the confines ff the exisiting boat slip with a crane on a barge and the twat lifts will be installed onto the pilings - The barge will only be in the marina on a per use basis - In the event there are multiple boat lifts beig installed the barge will be docked in one of the boat slips that will accommodate the equipment until the job is complete. d. List all development activities you propose. Installation of boat lifts within the exisitng boat slips that are already built - Four (4) pilings driven into the exisiting boat slips on C - Dock - boat lift installed on new pilings and wired with electric that is already there at the boat slip for the boat lift to function to lower the boat into the water and lift the boat out of the water. e. Are the proposed activities maintenance of an existing project, new work, or both? Exisiting marina - but the boat lifts will be a new feature to the boat slip f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the presents us of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (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 City of New Sam - Public Works Department - Matt Montanye Phone No. 252-639-7501 Address P.O. Box 1129, New Sam, N.C. 28563 Name North Carolina Railroad - Jim Kessler Phone No. 919-534-0560 Address 2809 Highwoods Blvd. Raleigh, North Carolina 27604 Name North Carolina Department of Transportation - Paul Vorwerk Phone No. 252-5144724 Address 209 South Glenbumie Road New Bern North Carolina 28560 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates. 74-85 1985 Sheraton Hotel and Marina h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Cerfcation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further reify tttAt the information provided in this application is truthful to the best of my knowledge. Date V1- 1_ Print Name Thor �K.Cleary Sign rat r Please indicate application attachments pertaining to your proposed project. pDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED - �ngemenC.e:rr DCM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINACHARACTERISTICS ❑ This section not applicable a. (1) Is the docking facility/marina: , b. (i) Will the facility be open to the general public? ®Commercial ❑Public/Government ❑Private/Community ❑Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? []Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripline dimensions. d. (i) Are Finger Piers included? []Yes []No If yes: (ii) Number (iii) Length (iv) Width _ (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 44 - Proposed - Boat Lifts (iii) Length 30' - The boat slips are currently 40' long (iv) Width 12' g. (i) Number of slips proposed h. 44 total - Boat slips 45 and 46 will not have boat lifts off the T-Head (ii) Number of slips existing 46 on C - Dock i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: _ m. (i) Will the facility have tie pilings? []Yes []NO (ii) If yes number of tie pilings? Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ( wet slips) only, number of slips: 44 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Center Console - T-Taos - Various types of power boats I. (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED NOV 19 2018 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets C " ❑ Toilets for patrons; Number: ; Location:,__ t ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin Bushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the madnaldocking facility proposed within a primary or secondary nursery area? RECEIVED ❑Yes ❑No NOV 19 Z018 DCM-MHD CITY h n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cW ❑sAV ❑SB ❑WL []None 1 t p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []NoIf yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelpile, 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, sheetplle, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED NOV 19 2018 a. Proximity of structure(s) to adjacent riparian property lines North Carolina Railroad - 108.77' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1,192.84' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structures) to adjacent docking facilities. DOT - Cunningham Bridge - 366.54' d. Water depth at waterward end of structure at NLW or NWL 12' - 16' f° S. OTHER ❑This section not applicable a. Give complete description: The New Bern Grand Marina is already built and has been in place since 1985 - What we would like to propose is to have boat lifts installed to the exisiting boat slips on C - Dock. There would be four (4) pilings installed within the exisiting boat slip and the boat lift will be installed and attached to the newly installed pilings - electric will be wired to the boat lift coming from the exisiting electric from the pedestal. There are a total of 46 boat slips on C - Dock - Numbered 1 through 46 - Our proposal is to have boat lifts installed on 44 of the boat slips - 1 through 44 and leave the boat slips off the T - Head as wet slips with no boat lifts being installed on the those two boat slips. The pilings will be installed with a pile driver/crane on a barge that will install the boat lifts as they are needed and if the barge needs to remai in the marina until to job(s) are completed the Dock Master will morr the barge here at the marina in a slip suitable It- I0- 1.9 Date New Bern Grand Marina Project Name is New Bern Grand Marina Pile Spacing 10k - 13k Boat Lifts Proposal OUTSIDE -TO -OUTSIDE n M z M n D BOATS Q CENTER I r- O W rn M ? D > 3 M Prepared by - Thomas Cleary - 252-229-7746 North Carolina Coastal Properites 134 Craven Street New Bern, North Carolina 28560 RECEIVED thomas@carolinawaterfrontonline.com NOV 192018 DCM-MHD CITY New Bern Grand Marina Pile Spacing 6k - 8k Boat lifts Proposal TOP BEAM OUTSIDE -TO -OUTSIDE O BOATS 0 CENTER ti I* r� 0 Prepared by - Thomas Cleary - 252-229-7746 North Carolina Coastal properties FtECE,vED 134 Craven Street New Bern, NOV 1.9 2018 North Carolina 28560 MHD CITY thomas@carolinawaterfrontonline.com DCM- //_a ,. ,.. ,�� 5 87'51'32' E '/ 5 88'10'35' E 40.00' 40.00' u U a O d 5 88'09'28" £ "' 5 88'06'49' E 40.00' 40.00' U a N 0 Vpn 0 40.00' 40.00 5 88'2724' E 88'03'03" £ 40.00' �, 40.00' O � F '•0 a 0 p N � a 5 88'34'02' C 5 88'06'44' E a I 40.00' 40.00' O O + ca a a N N o $ H f ' 40.00' 40.00' 5 88'00'41' E 5 88'10'35' £ 40.00' 40.00' U U a � 0 v n 5 88'14'00' E 5 88'34'56' E 40.00' 40.00' ' _ U p w 61 cn l Vl A 40.00' 1 40. 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