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HomeMy WebLinkAbout86-18 Town of Carolina BeachPermit Class NEW Permit Number 86-18 Rl�cel veo AUK 14 2018 DCA#'A#H® C17 'y STATE OF N&TH CAROLINA Department of Environmental Quality and Coastal Resources Commission rrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Carolina Beach,1121 N. Lake Park Boulevard, Carolina Beach, NC 28428 Authorizing development in New Hanover County adi.. to the Carolina Beach Yacht Basin, at 110 Carl Winner Drive, Carolina Beach, as requested in the permittee's application dated 6/1/18 including attached woikplan drawings (2), C-2.0 dated 1/11/18 and C-3.0 dated revised 5/31/18. This permit, issued on Aueust 10, 2018 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Reconfignred Marina Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured manna facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. NOTE: The pemrittee is advised that Future Phases 4 & 5 are not authorized by this permit. Future construction of Phases 4 and/or 5 will require additional authorization from the Division. (See attached sheets for Additional Conditions) This Hermit action may he annealed by the nermittee nr other Sinned by the an}hnrity of the Secretary of T)RO and the qualified persons within twenty (20) days of the issuing date. This permit must - be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. '-,� fk Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Carolina Beach `IcI VED Permit No. 86-18 r Page 2 of 4 AUG 14 2018 ADDITI®NAL COND131 S t'MIiD CITY 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the . reconfigured marina facility. Any sewage discharge at the reconfigured marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire•existence of the permitted structure. 3) Prior to the occupancy of any slips authorized by this permit; the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 4) The docking facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 5) 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 they abandon the permitted activity without having it transferred to a third parry. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.govLnc-es/mammaUmanatde_guidelines.pdf. Easement 9) Prior to construction of any structures under this permit, the permittee shall apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. . 146-12(e). A copy of the easement shall be provided to the Division prior to the initiation of construction of the authorized marina facilities. Excavation 10) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. 11) Excavation shall not exceed -11 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 12) No excavation or filling of any vegetated wetlands is authorized by this permit. 13) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Town of Carolina Beach Permit No. 86-18 AUG 14 2016 page 3 of 4 ADDITIONAL CONDITIONS CITY Maintenance Clause 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a . representative of the Division prior to the initiation of any maintenance dredging activities.. D. The date of map revision and the permittee's signature shown anew on the original plan. Spoil Disposal 15) The spoil disposal area and capacity shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 16) All excavated materials shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining strictures to prevent spillover of solids into any marsh or surrounding waters. General 17) The pemuttee,and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 18) 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. 19) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operationsundertaken by the United States in the public interest. NOTE: Future development of the pemrittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 198000291 (Action ID No. SAW-2009-01.187), which was issued on 8/8/18. - - - ----------- ---------- Town of Carolina Beach Permit No. 86-18 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C.. Division of Water Resources authorized the proposed project via General Water Quality Certification 414.4 (GC4144) and assigned DWR Project No. 148M0510, which was issued 7/10/18. NOTE: An application processing fee of $475 was received byDCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED AUG 14 2018 DCM-MHD CI i Notes End PN/Comment Deadline: 30 Day Comment Period: U117,05 -4�2/(� " �Y�r� f Tk'u (&0" M��keYs was wot vt-wv fi-ed p "ll c a-V14 sly sa t r� W06 %Cc i-1 "w J YC&" N4 -"t1 f:O()fi FYSVd- OWA Vio (AAat1r i WkA VIAM4 i v 'hA p" tt+ W W✓ s i ale . ova ll0 Call vcmy�w Dv. {Aowevcvj 1ka bvttauad wJ wta vvo ��aVc�l JA Wff-k""+ rj "1 0 vi9l��S) s 3�1 cavu�l pv. w+ u s�pa�t�hc rid• W� Cwll�f M; 1 CrA-VVLW awtA hu �I ��In mvv�s btu paY �I s cuncA � e ILA"tA Sib rhw t (v' A�,A,vi V\1 rra,ad . I�{�rw�d� ,Wcn vvt `D 4 Akk t Ao-1 ,ram tv v ttu c+ oivk' ctd a1, resS . J b� au) A-� h-°� �'`°,�" 6t�'O DPI catnf vPl�t� SYV" �yIva). (b —� ��tl � � �/ m t c.���u l C►�� w� r - st�tvls P e cLre UA U, kvu �Ov`' v" d ed U �vwh' U D l W D-t 0" lyd 115/� (� p1,FA CL1. PYTO i d-v -fey- N.. L/ u Y �:ehLt4 obsef ved- , u ,vn��d dc�c�C�iv� � s�ff. use a-t M4,f to u cl -0 �j��10 ' t� ty,t�-eV isS v�tl I°„j �i �Y 0r1 G•t �a.L1Q,Y�f", g�R�i� - a55Z551vi�n f4� wv rat�V e( I'b RECEIVED AUG 14 2018 DCM-MHD CITY C. u 9 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Adtlressed to: -rbI-K C�- W17('v► o PbcaA Gl 4 p Li VIG� rya F.h) WOW-6 9590 9402 3412 7227 8574 79 2. Article Number(Tranid fromservkelabeo 7017 0190 0000 9527 2048 PS Form 3811, July 2015 PSN 753D-02-o0p-9W3 A. Signature x 0 Agent ❑ Addre: B. Recelveci by �rinled Name) C. Date of Deli D. 19�,, addrumcliffetentfloin Item1? 13Yes ifYYEES$, enter delivery address below: ❑ No AU6 A LO18 r 3. Service Type ❑ Adult Signature ❑ Priority Mail Express® ❑ Adutt Signature Restricted Delivery �Catifred Mail® ❑ Registered Mallo' ❑ Misterad Mail Reetdctad ❑ Certified Mall ResMcled Delivery very O Return Receipt for D Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confinnatlonm 3 lmured Mall ❑ Signature Confirmation 7 inured Mall Restricted Delivery Restricted Delivery Domestic Return Receipt RECEIVED AUG 14 2018 DCM-MHD CITY Notes issued by J HowelUincompfete ap A UReeee Real mvtlz s ❑Realm Receipt(.'e lc) : poetrwk DCienifletl Melt Rrovl W D KI $Hm OMull 9lgneWre Reeulre $ Certified Mail service provides the following benefits: • A receipt (this Portion of the Certified MOM label). for an electronic return receipt, see a retail • A unique identifier for your mlhptetlM. -� associate for assistance. To receive a duplicate •Diatonic verification of delivery or attempted return receipt for no additional fee, present this delivery. USPS®-postmarked Certified Mail receipt to the •Arecord of delivery Including the scli ieid's fall associate. signature) That is retained by the Postal Service" - Restricted delivery service, which provides for a specified period. delivery to Me addressee specified by name, or to the addressee's authorized agent Important RByninders: - Adult signature service, which requires the • You may purchase Certified Mail service with anions M be at least 21 years of age (not First -Class Mail-, Fist -Class Package Service°, available at retail). or Priority Mail* service. - Adult signature restricted delivery service, which • Certified Mail service is notavailable for requires the sign¢¢ to be at least 21 years of age Internaganal mail. and provides delivery M the addressee specified • Insurance coverage is notavailable for purchase by name, or M fhe officisce's authorized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mal service does not change the • To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing, it should bear a certain Priority Mail items. USPS postmark If you would like a postal on • For an additional in, and with a proper this Cued Mail receipt, please present your endorsement on the mailpiece, you may request Certified Mal item at a Post Office" for the following services: postmardng. If you don't need a postmark on this - Return receipt service, which provides a record Certified Mail receipt, detach the barcoded portion of delivery (including the recipient's signature). of this label, affix it to the halpiece, apply You can request a hardcoyy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, complete PS Form 3811, poml Relum Recol attach PS Form 3811 to your maipiece; IMPORyAfR: Save this receipt for your recal PS Farm 3300, April ante pievxae) P5447530-02-0p0. 7 .i% ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA illawr Y alw Quaw August 6, 2018 CERTIFIED MAIL 7017 0190 0000 9527 2048 RETURN RECEIPT REQUESTED Also sent via email Town of Carolina Beach c/o Michael Cramer 1121 N Lake Park Blvd. Carolina Beach, NC 28428 Dear Mr. Cramer: This letter is in response to the Town of Carolina Beach's application request under the Coastal Area Management Act (CAMA) to carry out development activities at the Carolina Beach Yacht Basin in Carolina Beach, New Hanover County. Processing of the permit application, which was received by the Division of Coastal Management's Wilmington office on June 1, 2018, is ongoing. However, on August 3, 2018, a Notice of Violation was issued to the Town. This Notice of Violation was based upon a determination by Division staff that unauthorized development has taken place at the project site. Therefore, in accordance with 15A NCAC 07J .0204(e), processing of your permit application has been placed in abeyance until such time as the Notice of Violation, as well as any restoration that may be required, is resolved to the Division of Coastal Management's satisfaction. If you have any questions concerning this matter, please feel free to contact me by telephone at (910) 796-7426, or by email me at courtney.spears@ncdenr.gov. Sin ely, ou ey S rs Assistant alor Pe mits Coordinator CC (via email): DCM-MHC Liz Hair, USACE — Wilmington IVED Chad Coburn, DWR jgECE Jason Hall, SEPI Engineering AUG 0I1A DCM_Mµ() CITY REM North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910.7%.72I5 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 20, 2018 Regulatory Division Action ID No. SAW-2009-01187 and State Permit No. 86-18 Mr. Michael Cramer 1121 N Lake Park Boulevard Carolina Beach, North Carolina 28428 Dear Mr. Cramer: Reference your application for a Department of the Army permit to reconfigure an existing docking facility, and perform dredging in navigable waters of the United States, adjacent to the AIW W, located within the Town of Carolina Beach Marina, at 110 Carl Winner Drive, in Carolina Beach, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan dated January 11, 2018. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments maybe addressed to Ms. Liz Hair, WilmingtonField. Office, Regulatory Branch; teleph6ne 910=251-4049 or email at sarah.e.hair@usace.army.mil-, . AUG 2'0 2018 ii)CM WILWNGTON, NC 4 1wdr� Enclosures: CAMA permit GP 291permit Plans Manatee Guidelines Electronic Copies Furnished without enclosures Mr. Fritz Rohde/Twyla Cheatwood NOAA-National Marine Fisheries Service Habitat Conservation Division Dr. Pace Wilber NOAA-National Marine Fisheries Service Habitat Conservation Division Mr. Doug Huggett Morehead City Regional Office -Division of Coastal Management North Carolina Department of Environmental Quality Ms. Karen Higgins/Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement e-Jqk Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management Ms. Courtney Spears Wilmington Regional Office -Division of Water Resources North Carolina Department of Environmental Quality RECEIVED Aug 2 o zola DrM WILMINGTON, NC Spears, Courtney. From: Wilson, Debra Sent: Monday, August 06, 2018 8:19 AM To: Spears, Courtney Subject: FW: [External] RE: Yacht Basin Importance: High FYI From: Michael Cramer [mailto:michael.cramer@carolinabeach.org] Sent: Friday, August 03, 2018 5:10 PM To: Wilson, Debra <debra.wilson@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov>; Eric G. Reusch (Eric.G.Reusch@usace.army.mil) <Eric.G.Reusch@usace.army.mil>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [External] RE: Yacht Basin Importance: High Dear Debra, Following our conversation on August 2, 2018 at approximately 8:30 am, I instructed our contactor to stop all . preparation work in the Carolina Beach Yacht Basins until our pending CAMA Major Permit is issued. No subsurface work has been conducted since that time. The town has complied with your Cease and Desist Order and requests a status update on the pending CAMA Major Permit. Please let me know when the permit will be issued and I will personally come up and pick it up. Thank you, Michael Michael Cramer Town Manager Town of Carolina Beach Phone: (910) 458-2994 Email: Michael.cramer carolinabeach.org From: Wilson, Debra [mailto:debra.wilson@ncdenr.gov] Sent: Friday, August 03, 2018 4:59 PM To: Michael Cramer<michael.cramer@carolinabeach.org> Cc: MacPherson, Tara <tara.macphersonC@ncdenr.gov> Subject: Yacht Basin Michael, Please fine the attached NOV for the unauthorized excavation of the Yacht Basin. Please feel free to call me if you have any questions. Debbie Debbie Wilson, District Manager NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 (910) 796-7266 Fax: (910) 395-3964 debra.wilson(a),ncdenr.eov Be— Nothim compares,.... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. . jk4 RTH CAROLINA: EhvGvnmGntarQuoG NOTICE OF VIOLATION August 3 ,-2018 CkRTIFIED, MAIL .70.17-'.01,901,0860,-0627 21031; RETURN RECEIPT REQUESTED.' Aij# Sel'nt',Vla' Ein-a"Ill 'Town of,Carolina�Boach c/6, Mr.-'WM�irne i-Cre, 1-121'No r thL I Lake ' I P . aii BlVd . 66611na: ' Beach; IN-C`2 8­428 RE Dear Mr.,,CrAr-� e1r: sl cekely NEW HANOVER COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 3002 US HIGHWAY421 NORTH Wilmington, NC 28401-9008 Telephone: (910) 798-4400 • Fax (910) 798-4408 E-Mail Address: jsuleyman@nhcgov com JOESULEYMAN Director of Environmental Management July 3, 2018 Mr. Donn Evans D. Evans Contracting, Inc 814 Shinn Point Road Wilmington NC 28409 Dear Mr.Evans: Based upon information provided to this department, approval is granted to dispose of the following waste stream at the New Hanover County Landfill: • Approximately 1000 cubic yards of dredge spoils from the Carolina Beach Marina dredging project; Approval for disposal of this waste stream is granted under the following conditions: 1. The waste will not cause a negative impact on permit requirements at the Landfill; 2. The waste will not cause a detriment to the operation of the Landfill or its employees; 3. The waste contains no free liquids and can be confined, compacted and covered in accordance with the Solid Waste Management Rules (15A NCAC 13B); 4. This approval will become void should State or Federal regulations change to prohibit the disposal of this waste. Likewise, should you discover at a later date that this material contains hazardous constituents or exhibits the characteristic(s) of hazardous waste, this information will be provided to the County immediately; 5. New Hanover County reserves the right to cease acceptance of this waste for any reason; 6. The tip fee is currently $48.00 per ton and is subject to change. RECEIVED 7. This is a one-time approval only. Should you have the same waste stream again in subsequent years, you will need to complete the waste profile procedure �1rA 2 2018 J DCM WILMINGTON, NC 8. Please provide: your waste Mulerwith.a copy -of, is :approval , ettb , n, th �. . 1 f'ti dask-ithaf it be presented ppoqamjVal-at the Please Beall me at 798-4458should youbave �anyquestions;concerning these ApproVal conditions, Sincerely, Andrew T. Mulvey .Fnvironmen.tal Specialist Cc; Zpm Hawes, Landfill'manacier ROY COOPER Governor MICHAEL S. REGAN Seavrary BRAXTON C. DAVIS Director OAG NORTH CAROLINA Enviroranenta! Quality August 6, 2018 'CERTIFIED MAIL 7017 0190 0000 9527 2048 RETURN RECEIPT REQUESTED Also sent via email Town of Carolina Beach c/o Michael Cramer 1121 N Lake Park Blvd. Carolina Beach, NC 28428 Dear Mr. Cramer: This letter is in response to the Town of Carolina Beach's application request under the Coastal Area Management Act (LAMA) to carry out development activities at the Carolina Beach Yacht Basin in Carolina Beach, New Hanover County. Processing of the permit application, which was received by the Division of Coastal Management's Wilmington office on June 1, 2018, is ongoing. However, on August 3, 2018, a Notice of Violation was issued to the Town. This Notice of Violation was based upon a determination by Division staff that unauthorized development has taken place at the project site. Therefore, in accordance with 15A NCAC 07J .0204(e), processing of your permit application has been placed in abeyance until such time as the Notice of Violation, as well as any restoration that may be required, is resolved to the Division of Coastal Management's satisfaction. If you have any questions concerning this matter, please feel free to contact me by telephone at (910) 796-7426, or by email me at courtney.spears@ncdenr.gov. Si4ey , S rs Assistant ajor Pe mils Coordinator CC (via email): DCM-MHC Liz Hair, USACE - Wilmington Chad Coburn, DWR Jason Hall, SEPI Engineering p Q� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 AUgust 6, 2018 Regulatory Division Action ID: SAW 2009-01187 , The Honorable Joe Benson Mayor of the Town of Carolina Beach 1121 N Lake Park Boulevard Carolina Beach, North Carolina 28428 Dear Mayor Benson: This correspondence confirms the August 2, 2018 onsite meeting with Ms. Liz Hair of my staff on Town of Carolina Beach (Town) property, located off 110 Carl Winner Drive, adjacent to the Carolina Beach Yacht Basin (basin), in Carolina Beach, in New Hanover County, North Carolina. The purpose of the onsite meeting was to address the unauthorized dredging the Town has undertaken within jurisdictional waters on the subject property. The North Carolina Division of Coastal Management provided the U.S. Army Corps of Engineers (Corps) documentation that unauthorized dredging occurred within the basin on or about August 1, 2018, and issued a notice of violation for unauthorized development (CAMA violation #18-28) on August 3, 2018. These activities, undertaken in navigable waters of the United States without the prior approval from this office in the form of a Department of the Army (DA) permit, constitutes a violation of Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). By copy of this letter, you should cease and desist from any further unauthorized work within waters of the United States. Additionally, you should provide this office with a written explanation as to why the Town has conducted dredging operations in the basin without a DA permit. Failure to comply with this request may result in referral of this matter to the United States Attorney with a recommendation for appropriate action. Thank you for your cooperation in resolving this matter. The Corps will continue to evaluate your permit application for dredging in the basin while we resolve this unauthorized activity. If you have any questions, please contact Ms. Liz Hair of the Wilmington Regulatory Field Office, telephone (910) 251-4049 or by email at sarah.e.hair@pg4ee.gM.mil. FOR THE DISTRICT ENGINEER: RECEIVED Eric Reusch Chief, Wilmington Field Office AUG 0 6 2018 Regulatory Division QCM WILMINGTON, NC' C6WFuznished! VWW$taw,At-tQ;neY Eastern Dist ictofNpCarolina 1W.N6wBemA,v-cnue- giiit& 960, FederalBiiildiag Raleigh, gorth Caroli6a. 276bl a-Copies..Furnishe& Tawas of Carolina each Mr, Michael Cramtfr,;,Down-M anager I&. ToddBbwers. Wdtfailds.andkegutdWry Sec bh United States EaviroinnentallroTection Agency, Mr. Pete RqpjMjn"., Kathy, Kat*qW& 'United States Flshand Wildlife Scr co lkaldigh EMield, Office Di. Pace Wilber N&iqpgKqipp Fzshenes, NOAA Haliitat Cb D14ni-loh" Mr. Chad.0-obum qf W*or Resources Dforth Carolina DeDartment-,ofEn*onmcntal,Gualltv Mr.,Jjbug Miggett Dj jaofGoastalManagemeint North Carolina Departjnent of Enuuonnxental„Quality Mf'.-D&bfiic.W.ilson/..b&. C6 Spears bla'slon.; of-ObastalMdnag-ehient Wba CarolznaDepartmgnt of Enyt-opMentalQualif SEPFEngineering & Cons#uctionhic, Mt. hodhHale's .W. Ordg!m6fnpson. I PW . 0OG DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 10, 2018 Regulatory Division Action ID No. SAW-2009-01187/Town of Carolina Beach Dock and Dredge Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the Town of Carolina Beach to conduct Phase 3 of a 5 Phase city dock renovation project at 110 Carl Winner Drive, in waters of the Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County, North Carolina. Specifically, the project consists of reconfiguring the western portion of the docking facility by replacing and relocating of all fixed and floating docks for a total of 8 slips. Piles will be driven with vibratory or impact hammers. The USACE Federal Channel extends throughout the yacht basin, and is authorized to a depth of -6 feet with 2 feet allowable over dredge. As currently designed, the proposed docking facility does not encroach into the federal channel setback. According to the application, existing water depths within the project area average -7.5 FT NAVD88 and range from -6.5ft to -11ft. The dredging proposal is to excavate by bucket to barge method, to a final depth of -1 Ift NAVD88 at MLW. Approximately 8,000 cubic yards of material would be removed from an approximate 24,726 square foot area within the basin. New Hanover County issued a letter dated July 3, 2018 which accepts 1, 000 cubic yards of material to be disposed of within the New Hanover County Landfill. It is unknown where the remaining 7,000 cubic yards of spoil material would be disposed of, but as stated in the application, the material will be disposed of at another permitted and certified disposal location chosen by the contractor. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: RECEIVED AUG 10 2ni DCM WILMINGTON, NC r_ 14 -2- 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httn://www.fws.gov/nc- es/mammal/inanatee guidelines.pdf. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 5. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. Except as specified in the plans attached to this.permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. IT _w -3- 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltJkEGRMD and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. AUG 10 10;3 DCM WILMINGTON, NC r-' 0 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -,project condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hairausace.armv.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office e-Copies Furnished: Ms. Karen Higgins/Mr. Robb Mairs North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Ms. Kathy Matthews U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Courtney Spears/Ms. Tara MacPherson North Carolina Department of Environmental Quality -Division of Coastal Management Mr. Justin Arnette USACE-Wilmington District/Navigation Branch Permit Class NEW ' Permit Number 86-18 RECEIVED AUG 14 2018 0CM-MH1) CITY STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vcrmt't for JL Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Carolina Beach, 1121 N. Lake Park Boulevard, Carolina Beach, NC 28428 Authorizing development in New Hanover County adj. to the Carolina Beach Yacht Basin, at 110 Carl Winner Drive, Carolina Beach, as requested in the permittee's application dated 6/1/18 including attached workplan drawings (2). C-2.0 dated 1/11/18 and C-3.0 dated revised 5/31/18. This permit, issued on August 10, 2018 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may 3e suoJect to lines, imprisonmem or civu action; or may cause me permn to De nun ana voia. Reconfigured Marina Facility I) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured marina facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. NOTE: The permittee is advised that Future Phases 4 & 5 are not authorized by this permit. Future construction of Phases 4 and/or 5 will require additional authorization from the Division. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Cgrolina Beach "tCEIVED Permit No. 86-18 ' Page 2 of 4 AUG 14 2018 ADDITIONAL CONDIaNS MHD C11'y 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured marina facility. Any sewage discharge at the reconfigured marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 3) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 4) The docking facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 5) 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 they abandon the permitted activity without having it transferred to a third party. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. Easement 9) Prior to construction of any structures under this permit, the pern ittee shall apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). A copy of the easement shall be provided to the Division prior to the initiation of construction of the authorized marina facilities. Excavation 10) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. 11) Excavation shall not exceed -11 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 12) No excavation or filling of any vegetated wetlands is authorized by this permit. 13) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Town of Carolina Beach AUGermit No. 86-18 G 14 2018 Page 3 of 4 DC M� ADDITIONAL CONDITINS "D CITY Maintenance Clause 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Spoil Disposal 15) The spoil disposal area and capacity shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 16) All excavated materials shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. General 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 18) 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. 19) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 198000291 (Action ID No. SAW-2009-01187), which was issued on 8/8/18. Town of Carolina Beach Permit No. 86-18 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project via General Water Quality Certification 4144 (GC4144) and assigned DWR Project No. 1989-0051v3, which was issued 7/10/18. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED AUG 14 2018 DCM-MHD DIVISION OF COASTAL MANAGEMENT (RECEIVED APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of Carolina Beach COUNTY: New Hanover JUN 13 2018 PROJECT NAME: CB Marina Renovation DCM-MHD CITY LOCATION OF PROJECT:110 Carl Winner Dr., adjacent to the CB Yacht Basin, in Carolina Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-1-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Tara herson Iv" NIT: DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR P TS U PUBLIC NOTICE REC'D: 6-14-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: �L 115 I I MAIL OUT DATE: 6-11-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE I X DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $475 #705722 END OF NOTICE DATE: 7-5-18 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 7-5-18 FED COMMENTS REC'D: DRAFT ON AGENCY 1�1" 7 �iCY1SlQ'✓I'�" DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Uj 14 (lJ Division of Coastal Management-LUP Consistency }� "Stiytt Public Water Section (DWR) Land Quality Section (DEMLR) �- Z / ✓ yiQK �t�Q N.tLtti Slr Division of Water Resources - 401 Section Storm Water Management (DEMLR) L/� tCyt l(y,Qyl State Property Office U �� !t (000 "t,("—Cci Division of Archives & History Division of Marine Fisheries - Shellfish Section1 Division of Highways (NCDOT) ((� Wildlife Resources Commission W 1� Local Permit Officer Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch L] P 7-1 Recommendations for State Permit — Carolina Beach Marina Renovation (Phase 3) The total area of the docking facility was calculated as follows: Shoreline length = 971 linear ft. Proposed Fixed Platform: 10.8 ft. x 6.9 ft. = 74.5 sq. ft. Proposed Fixed Platforms: 9.5 ft. x 8.5 ft. = 80.7 sq. ft. (x 2) = 161.5 sq. ft. Proposed Finger Pier: 5 ft. x 25 ft. = 125 sq. ft. Proposed Finger Piers: 6 ft. x 25 ft. _ (x 4)= 600 sq. ft. Proposed Floating Platforms: 14 ft. x 27.7 ft. _ (x 4) = 1551.2 sq. ft. Proposed Floating Platforms: 14 ft. x 24 ft. _ (x 3) = 1008 sq. ft. Proposed Floating Platform: 7 ft. x 28.6 ft. = 200.2 sq. ft. Proposed Floating Platform: 14 ft. x 28.4 ft. = 397.6 sq. ft. Proposed Floating Platform: 7 ft. x 31.3 ft. = 219.1 sq. ft. Total = 4,337.1 sq. ft. The reconfigured marina facility would continue to provide docking space for up to 38 vessels at this location, although slips 9-16 will not be reconfigured until Phase 4 of this project. It is staffs recommendation that the proposal appears to be consistent with the use standards set forth in NCAC 07H .0208(b)(5), including the excavation design to promote flushing within Carolina Beach Yacht Basin. The proposed structures would be located over open water. The proposed excavation within the existing marina basin appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1). It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes. This office has no objection to the proposed work provided that it is consistent with all other state and federal permitting requirements and an appropriate disposal location is authorized prior to the commencement of any excavation. Any permit issued should include standard conditions for docking facilities. RECEIVED JUN 13 2018 DCM-MHD CITY MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner ia Subject: Consistency Determination, Major Permit Application, Town of Carolina Beach Marina Renovation Phase 3, Carolina Beach, New Hanover County Date: July 9, 2018 This project appears 'consis h the Tow rol►na ach Land1 Plan.. The applicant proposes to excavate and renovate the western portion of an existing municipal marina facility including replacement and relocation of all fixed and floating docks within the Carolina Beach Yacht Basin in Carolina Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES and PTA. The Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Carolina Beach Land Use Plan and offer the following comments. The AECs impacted by the work are classified as Marina Mixed Use and Conservation. In general, the Town of Carolina Beach allows development in Marina Mixed Use and Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Carolina Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Carolina Beach Land Use Plan. Cc: File RECEIVED JUL 0 9 2018 DCM WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY June 11, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Oo-eea,r FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears Ca).ncolenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED !r, AAA z d CyY DATED & I i q l a RECEIVED JUN 14 2018 MP SECTION WIRO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 e Coastal Management ENVIRONMENTAL QUALITY June 11, 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director J!V/ JUN civic 1 Z018 �i �r%Rp pubWaterN, Wa'ters,,pp FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtneV.s,Dears (oncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr, adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 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. SIGNED 1U(�I/1t(% (�}� DATED RECEIVED JUN 13 2018 State of North Carolina I Environmental Quality I Coavtal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM WILMINGTON NC 910-796-7215 I rAtt G Coastal Management ENVIRONMENTAL QUALITY June 11. 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS D,rector FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spears (a).ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 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 ��nj �� are incorporated. LSee attached. f YYIoic l"9<< IWt ODD 5qunr Q_ olp r2t,J $BOAS cJ'¢Jz8 J`�v/•w-.i4er f2v-1 I5 it�U25S< This agency objects to the project for reasons described in the attached comments. SIGNED DATED J utJc Z5 20 / R RECEIVED JUL 0 2 2018 State of North Carolina I Environmental Quality I Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Et., Wilmington, NC 28405 91M96-7215 l9$9-06SIv 3 �k Coastal Management ENVIRONMENTAL QUALITY June 11, 2018 TO: Chad Coburn 401 Wetlands DWR-WiRO ROY COOPER Govemor RECEIVED MICHAEL S. REGAN Ben tary JUN 112018 BRAXTON DAVIS NCDEQ D11eL1or WILMINGTON RO FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.soears cDncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Swears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. `0l W&C A-.r:J4� 07/10li8 Cc-c.. 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. objects to the project for reasons described in the attached SIGNED DATED O IO 20I� i2ECENED JUL 10 20,.E State of North Carolina I Environmental Quality I Coastal Management `I�IILMINGTONt NC 127 Cardin al Dnw Fat., Wlmingtoo, NC 29405 DCM YY 910-796-7215 DowSign Envelope ID: 3AB2198C-E57C-4024M8F-52833BD52A56 Water Resources Environmental Quality July 10, 2018 Town of Carolina Beach Mr. Michael Cramer, Town Manager 1121 North Lake Park Blvd Carolina Beach, NC 28428 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director New Hanover County DWR Project: 1989-00510 Subject Property: Town of Carolina Beach Marina Renovation Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Cramer, You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 0.57 acres (24,726 square feet) of open waters to perform maintenance dredging and renovate the western portion of an existing municipal marina facility as described in your application received by the N.C. Division of Water Resources (DWR) on June 14, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://portal.ncdenr.org/web/Wg/swp/Ws/40 I/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the newFWQEAff8e given a copy of this approval e er and Gaeral Certification and is responsible for complying of Ing omparei;7. JUL 1 Z018 State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9M DCM WILMINGTON, NC DocuSign EnvelopelD: 3AB2198C-E57C-4024-AABF-52833BD52A58 Town of Carolina Beach Marina Renovation New Hanover County 1989-0051v3 Page 2 of 4 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (I 5A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [ 15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at (910) 796-7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [I5A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [I5A NCAC 02H .0507(d)] RECEIVED JUL 10 DCM WILMINGTON, NC DocuSign Envelope ID: 3AB2198C-E57C-4024AA8F-52833BD52A56 Town of Carolina Beach Marina Renovation New Hanover County 1989-0051v3 Page 3 of 4 All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [ 15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [ 15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://portal.ncdenr.or web/wq/swp/ws/401/certsandpertnits/apply/formsl• Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form 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 8:00 am and 5:00 pm, excluding official state holidays). RECEIVED JUL 10 2018 J)CM WILMINGTON, NC DocuSign Envelope ID: 3AB2198C-E57C-4024-AA8F-52833BD52A56 ptt Town of Carolina Beach Marina Renovation New Hanover County 1989-00510 Page 4 of 4 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 DEQ: 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 of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Cobum(dincderingov. Sincerely, �b e] sue, WK4 Ea/iaA1MC]OCIa/... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Jason Hall — SEPI Engineering & Construction, Inc. (via email) Liz Hair - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) WiRO/LF RECEIVED JUL 10 zol8 I)CM WILMINGTON, NC 0 - 1t Coastal Management ENVIRONMENTAL QUALITY June 11. 2018 TO: Tim Walton Dept of Administration State Property Office IRECEIVEL JUN 15 Z018 DOA STATE PROPERTY OFFICE ROY COOPER Govern. MICHAEL S. REGAN Secretary BRAXTON DAVIS Dlreemr FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears aC.ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr, adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 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'" lJ' ' ✓ This agency has no comment on the proposed project. w 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. SIGNED DATED 3�a.aOtp RECEIVED DCM WILMIINGTON, NC State of North Carolina I Environmental Quality I Coastal Management J U L 11 2018 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 . Nk Roy Cooper, Governor North Carolina Department of Administration State Property Office July 9, 2018 Courtney Spears, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Drive, Ext, Wilmington, INC 28405 From: Wanda Hilliard Waxx4Q 4&&a--A) Real Property Agent Re: CAMA Permit Application Review / New Hanover County 110 Carl Winner Dr. Adjacent to the CB Yacht Basin Town of Carolina Beach (Marina) Machelle Sanders Secretary Tim Walton Director The Project will require a Submerged Land Easement if it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged land easement. Please confirm that the facilities are not located within a 1000'USACE AIWW easement area. If not, then the State Property has no commitment on the proposed project. Thank you. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 1 1321 Mail ServiceCtr. I Raieigh, NC 27699 9198074650 TI Web:http://w .ncspo.com RECEIVED DCM WILMINGTM NC 1 Icy f- CA"J ,_ IF Received: 06/ 18/2018 �Ac State Historic Preservation Office ROY COOPER ,.RgT.. MICHAEL S. REGAN N 44n Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY ER 18-1350 June 11 2018 Due -- 7/3 TO Renee Gledhill -Early Dept of Cultural Resources ly Archives 6 History t0/4 FROM Courtney Spears Assistant Major Permits Coordinator n- 3uvK/W9 NCDEO - Division of Coastal Management 127 Cardinal Drive Ext Wilm , NC 28405 courtney spears io)ncdenr _gov Fax 395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr. adjacent to the CB Yacht Basin. in Carolina Beach. New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested REPLY: This agency has no objection to the protect as proposed "Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated See attached This agency objects to the project for reasons described in the attached comments. SIGNED I DATED 7 - I Z' )P RECEIVED JUL 13 H18 MMe of MMh1 raLva Imrttwmrn4Jlpdin ,.,..jai �,:N�,.�4� DCM WILMINGTON, NC JUN 1 9 2018 Coastal Management ENVIRONMENTAL ONALITY June 11,2018 TO Shannon Jenkins NC DMF Shellfish Sanitation Section L,VA& ROY COOPER Go,M/I MICHAEL S. REGAN &, MU7' BRAXTON DAVIS /), mw FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears ((Dncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Cart Winner Dr, adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. %� tt C� n "Additional comments may be attached" a ci a Iz 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. FOs /- L/y SIGNED U!, DATED RECEIVED JUN 2 6 Slate of Noah Ca.hm l Dnira mal Qoahly l Coastal Managewnt DCM WILMINGTON, NC 127 Cardinal I7riw lial.. Wilmington. NC 28405 910-796-7215 ROY COOPER Gmerna MICHAEL S. REGAN Sen Lary STEPHEN W.MURPHEY ohww June 25, 2018 MEMORANDUM TO: Courtney Spears Assistant Major Permits Coordinator FROM: Andrew Haines Environmental Program Supervisor THROUGH: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: Proposed Renovations at Carolina Beach Marina The planned spoil disposal site for this project is not specified within the application. Because the dredge material is being removed from an area that is closed to shellfishing, discharges from the dewatering of the spoils into swimming waters between the months of April and October will cause a swimming advisory to be posted. Additionally, any discharge from the dredge spoils at any time into approved shellfishing waters will cause a shellfish closure. It is requested that our office be notified at 252- 726-6827 of the dredging plan and spoil disposal location prior to any dredging activity so that we can determine at that time if a swimming advisory or shellfish closure is needed. RECEIVED JUN 2 6 n18 DCM WILMINGTON, NC Stateof Nath Carolina 1 Oiwsionof Marine fisheries i &41 Are,,M1 Streit I P.O. Bos 76q I Morehead City. Na th Carolina 28557 252-72b-7021 Coastal Management ENVIRONMENTAL QUALITY June 11, 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Dire«ar RECEIVED JUN 19 2018 NC DOT DLSTRICT 3 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears a).ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr, adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal manna facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 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. SIGNED DATED G� V RECEIVED DCM WILMINGTON, NC II IN 2 9 )i!1u State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 �i Coastal Management ENVIRONMENTAL QUALITY June 11, 2018 TO: \,?>-CA_- %,A, Q'� Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER ro.or MICHAEL S. REGAN sem,ny BRAXTON DAVIS erector FROM: , Assistant Major Permits Coordinators°�� NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (a)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr, adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 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. SIGNED ,a ( DATED J - 2$- wi R RECEIVEp JUN 2 g P018 State of North Carolina I Environnwntal Quality j Consul Management DCM WILMINGTON 127 Cardinal Flow Ent. Wilmington, NC 29405 , NC 910-796-7215 01 Coastal Management ENVIRONMENTAL QUALITY June 11, 2018 I� Curt Weychert Fisheries Resource Specialist MHC-DCM ROY COOPER Gmrmor MICHAEL S. REGAN Skim. BRAXTON DAVIS Uin•elm FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtneV.spears (o)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Carolina Beach (Marina) Project Location: 110 Carl Winner Dr., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to renovate, replace and expand an existing municipal marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 5, 2018. If you have any questions regarding the proposed project, contact Tara MaPherson at (910) 796-7425 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. SIGNED 1 \ RECEIVED JUN 2 8 DCLI �� N tilalt o1 Nonlr Carolina I:miranmemal QrulilvNj/Cio><srali rtMi� C 127 Cardinal [h %r Eat, Wilmington, NC 28405 910-796-7215 RECEIVED JUN 13 2018 DCM-MHD CITY AG Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist �iVJ' SUBJECT: Carolina Beach Marina DATE: June 28, 2018 ROY COOPER (invemm MICHAEL S. REGAN Sw--y BRAXTON DAVIS jro au" A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to excavate and renovate the western portion of an existing municipal marina facility including replacement ad relocation of all fixed and Floating docks with the Carolina Beach Yacht Basin. The applicant is seeking to dredge the basin from the existing authorization of -6 ft. to -I I ft., which would affect 24,726 square feet of soft bottom and remove —8,000 cubic yards of material within waters classified as SB by the Division of Water Resources. This office has no concerns about the proposed work, however, if the applicant uses hydraulic dredging it is recommended that the basin be cordoned entirely to contain any suspended sediment that could increase turbidity within the area. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.Weychertncdenr.gov with further questions or concerns. RECEIVED JUN 2 8 2018 DCM WILMINGTON, NC Slate of North Carolina I F vi,umnenW Qafwy I Cmatal Ma,gem 400 Cmmnvce A,moe I Motd.W City, NC 28557 252-808-28081232-247-3330(fax) O� Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, June 25, 2018 2:56 PM To: Spears, Courtney; MacPherson, Tara Subject: [External] project status CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Hello ladies! Just wanted to let you know we have received the applications for the following projects and will be processing them as follows: GP 56: Corps Action ID: SAW-2018-01103 Project Name: James & Mary Ann Lindsey/510 Shoreline Dr. County: Brunswick (Thekla is handling this one) **P 291: 6prps Action ID: SAW-2009-01187 f Project Name: Town of Carolina Beach '1111"Itpounty: New Hanover I'll get the notice out for the CB Marina project soon -I've got 3 ahead of it. Please let me know if you have any questions. Thanks! Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Town of Carolina Beach Marina Renovation (Phase 3) 2. LOCATION OF PROJECT SITE: 110 Carl Winner Drive, adjacent to Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County. Photo Index - 2006: 21-7377, T-8, 17-19 2000: 21-257, T-8 1995: 21-239, S-15 Latitude: 34002'11.93"N Longitude: 77053'33.27"W 3, INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 10/26/17 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 9/22/17, Complete — 6/1/18 Office — Wilmington 6. SITE DESCRIPTION (A) Local Land Use Plan — Town of Carolina Beach Land Classification From LUP - Marina Mixed Use, Commercial 1 and Conservation (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Municipal Planned - N/A (F) Type of Structures: Existing — Municipal Marina facility incl. bulkhead and docking system. Planned — New steel bulkhead, reconfiguration of existing docking facility, add slips, new sidewalks and excavation within the footprint of the existing marina in the Carolina Beach Yacht Basin. Source - N/A (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Coastal Wetlands (B) Open water 24,726 sq. ft. basin 4,337 sq. ft. shaded (C) Other(Highground) (D) Total Area Disturbed 28,844 sq. ft. (0.6 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate and renovate the western portion of an existing municipal marina facility including replacement and relocation of all fixed and floating docks within the Carolina Beach Yacht Basin. RECEIVED JUN 13 2018 DCM-MHD CITY Town of Carolina Beach Marina Renovation (Phase 3) Page 2 9. PROJECT DESCRIPTION: The project site is located at 110 Carl Winner Drive, adjacent to the Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County. To locate the project site from the WiRO take US-132 S/ S. College Rd. for approximately 7 miles. Continue on US421 S/Carolina beach Rd for an additional 7 miles to the Snows Cut Bridge that leads into Carolina Beach. Turn left onto Carl Winner Drive in approximately 1 mile. The project site will be located on the left-hand side of the road directly behind Fins Island Buffet and Grill. The property is surrounded by commercial development. The property is located at the end of the Carolina Beach Yacht Basin and extends along the western, southern and eastern ends of the basin (see Narrative for historical aerial summary). The basin is approximately 262 ft. wide in this area. The high ground portion of the property is developed into a gravel parking lot and wooden boardwalks extend around the entire municipal marina. The shoreline is stabilized by an old wooden bulkhead on the eastern and southern sides and a new bulkhead on the western and southwestern sides. Upland vegetation consists of sparse lawn grass. The property is approximately 3 acres in size and has an average elevation of approximately 4 feet above mean sea level. The entire project site has approximately 971 linear feet of shoreline frontage. There are no Coastal or "404" type wetlands located on or adjacent to the proposed project area. This portion of Carolina Beach experiences a high volume of tourism during the summer months as most of the commercial fishing fleet is located within the basin. The USACE Federal Channel extends throughout the Yacht Basin with an authorized depth of -6 ft. NAD83 and according to the application the current marina structural footprint does not extend into the Federal Channel Setback area. The marina has numerous floating docks and finger piers in need of repair. Some of the boat slips are only accessible with ladders. The property currently provides dockage for 38 slips with 5 large slips for head boats. Numerous General Permits have been issued since 2006 to replace floating docks within existing slips, to reconfigure slips, add mooring pilings and add fixed pier sections. State Permit No. 81-09 was issued on July 10, 2009 via express permitting for installation of 4 transient boat slips including floating docks, finger piers and a boatlift in the southwestern comer of the marina. This permit expired on June 23, 2014. Existing water dependent structures include a new steel bulkhead on the west and southwest side of the basin, existing failing wooden bulkhead along the southern and east sides of the basin and a series of both fixed and floating docks. The western bulkhead and a portion of the southern bulkhead have recently been replaced with new steel bulkheads under GP 67113D, which was issued on December 19, 2016 and GP 69390D, which was issued on August 23, 2017 and re -issued on January 3, 2018. Minor Permit No. CB 16-23 was issued on January 10, 2017 authorizing the construction of a 10 ft. wide sidewalk landward of the new bulkhead along the western side of the marina. The Town of Carolina Beach Land Use Plan classifies the adjacent waters and high ground area as Marina Mixed Use and Commercial 1 and the water portions as Conservation. There are no known archaeological sites located in the project vicinity. The waters of the Yacht Basin are classified SB by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to renovate the western portion of an existing municipal marina facility including replacement and relocation of all fixed :and floating docks for eight formalized slips within the Carolina Beach Yacht Basin. The floating docks to be replaced are currently slips 1-8 and slips 9-16. Due to the commercial boats that will require continual access the entire Carolina Beach Marina Renovation Project has been divided into 5 Phases. The first two phases have already been completedR"VED replacement of the western and a portion of the southern bulkhead (see Sheet C-3.01). JUN 13 Z018 DCM-MHD CITY Town of Carolina Beach Marina Renovation (Phase 3) Page 3 According to the applicant Phase 3 will consist of reconfiguring the western side of the existing 38 slip docking facility with new floating docks, finger piers and fixed platforms for 8 formalized boat slips. Beginning on the southwest corner of the parcel a platform measuring 10.9 ft. in length by 6.9 ft. in width will provide access via a ramp to four 27.7 ft. long by 14 ft. wide floating docks running parallel to the bulkhead and one finger pier (providing access to slip 8) measuring 25 f.t long by 6 ft. wide running perpendicular to the bulkhead. This floating dock system will provide connection to the larger docking system extending to the north. A 28.6 ft. long by 7 ft. wide floating dock leads to a 28.4 ft. long by 14 ft. wide floating dock that can be accessed from the high ground via a ramp and platform measuring 9.5 ft. in length by 8.5 ft. in width. Four additional floating docks, each measuring 24 ft. long by 14 ft. wide, extend to the north parallel to the bulkhead with a 31.3 ft. long by 7 ft. wide floating dock providing access to the proposed pump out slip. Four finger piers, measuring 25 ft. long by 6 ft. wide will extend perpendicular to the shoreline from the floating docks for access to slips 1-7 (see drawing C-3.0 dated revised 5.31.18). A total of 27 pilings are proposed with 18 pilings specifically designated as tie pilings waterward of the proposed floating docks. The remaining southern and eastern sides of the marina are not proposed for reconfiguration at this time. According to the applicant, temporary pilings may be required for boats that need to be relocated during construction and the Town of Carolina Beach will coordinate with DCM. The application states that there are no fuel dispensing operations on site and there will not be overnight or live -aboard dockage allowed. A new pumpout will be in the northwestern corner of the marina. Lastly, the applicant proposes to excavate the western portion of the existing marina basin with either long reach excavation, bucket to barge or hydraulic methodology, including areas within the Federally maintained channel. According to the applicant, the portion of the basin located adjacent to the bulkhead replaced in Phase 1 and 2 of this project would be dredged via a long -reach excavator. The remaining proposed excavation will be done either hydraulically or with bucket to barge methodology. A floating turbidity curtain is proposed during any bucket to barge excavation (for a detailed depiction of the proposed dredge footprint and existing water depths, please refer to sheet C-3.0). Approximately 8,000 cubic yards of material would be excavated from the basin in an area measuring approximately 317 ft. in length by an average of 78 ft. in width. Water depths in the vicinity of the project average approximately -7.5 ft. NAVD88 and range from -6.5 ft. to -11.7 ft. The applicant intends to excavate to a final depth of approximately -11 ft. NAVD88 (at MLW) and the applicant states that this will conform with the existing entrance channel depths. NOTE: The Federal Channel is authorized for excavation to a depth of- 8 ft. NAD83 (6 ft. plus 2 ft. overdredge allowance) in this area, but existing depths have been confirmed by the USACE to be -10 ft. to - 12 ft. at this time. The applicant has not provided a dredge disposal location at this time, but the application states that spoil material may be disposed of at either the Town's leased wastewater disposal site at MOTSU or another permitted and certified disposal facility chosen by the contractor. 11. ANTICIPATED IMPACTS: The proposed floating docks would incorporate approximately 4,337 sq. ft. of open water within the applicant's area of riparian access and within'% of the width of the waterbody. The proposed maintenance dredging would disturb approximately 24,726 sq. ft. of bottom substrate, a portion of which is within the Federally maintained channel. The proposed reconfiguration will not encroach into either 15 ft. adjacent riparian setback. Minor increases in turbidity should be expected during construction and a turbidity curtain will be utilized during any bucket to barge excavation; however no longterm adverse impacts are anticipated. Submitted by: Tara MacPherson Date: 6/11/2018 Office: Wilmington RECEIVED JUN 13 2018 DCM-MHD CITY June 1, 2018 To: NCDEQ - DCM - Wilmington Office Tara MacPherson 127 Cardinal Drive Extension Wilmington, NC 28405 From: Jason Hall SEPI Engineering & Construction, Inc. 5030 New Centre Drive, Suite B Wilmington, NC 28403 Re: Town of Carolina Beach Marina Renovation CAMA Major Permit Request Carolina Beach, New Hanover County, NC. Introduction The Town of Carolina Beach is in the process of renovating their aging marina at 110 Carl Winner Drive. This narrative serves to summarize information associated with the required CAMA Major Permit Application included herein. Background SEPI performed a Historical Aerial Photography Review and made the following observations: • The earliest aerial photography was downloaded from New Hanover County. • According to a 1966 report issued by the Army Corps of Engineers, in 1939 bulkheads, wharf, and mooring improvements were made. The 1949 aerial photograph depicts a basin. One possible Floating dock is shown on the southwest corner of the basin. • The possible floating dock still can be seen at southwest corner. Approximately two new docks are visible on south basin wall, and two new docks are also visible on southeast basin wall. • The 1966 aerial photo is the earliest clear depiction of the current marina basin extent framed with bulkheads. The same possible floating dock is shown in the southwest corner. Approximately four boat slips can be seen along the southern wall. Also, approximately six small docks can be seen on east side of the basin, possibly indicating twelve slips. • A 1981 aerial photo shows a new possible platform in the southwest corner. The previously existing dock in that area has been removed. Approximately twelve slips have added on the western side of the basin. Small boats appear to be moored along the south bulkhead wall. • Google Earth was then used to view aerial photography between 1993 and 2016. • The 1993 aerial photo shows the marina mostly unchanged when compared to the 1981 aerial. The 1993 aerial photo is the first one which shows the head boats moored along the south bulkhead. RECEIVED iUN 012018 RECEIVED JUN 13 2018 DCM-MHD CITY DCM WILMINGTON, NG June 1, 2018 • The 1998, 2002, 2003, 2004, 2006, 2007, and 2008 aerials show no visible changes when compared to the 1993 aerial. • The platform has been removed on the October 2009 aerial photo. No other visible change can be seen on this photo. • The transient docking system in the southwest corner is first seen on the October 2010 aerial photograph. No other visible differences can be seen. • No changes are observed thereafter on the photos in years 2011 through 2016. These photos depict current conditions on the site. Existino Conditions The marina basin is generally flanked by timber bulkheads in very poor condition. Timber piles, timber fixed docks, and timber floating docks delineate the slips in the basin. Small charter boats utilize the slips on the west and east sides of the basin. A few slips have fixed docks between the slips; however, most charter slips are framed only by tie piles. The inboard charter boats back into the slips such that their sterns abut the bulkheads. Accordingly, crew and passengers board the charter boats with ladders. Boats with outboard motors moor with the bows against the bulkheads, and therefore have fixed or floating docks along their sides for boarding. Before summer of 2017, transient floating docks existed in the southwest corner of the basin. Five head boat slips exist along the southern boundary of the basin. The head boat slips are framed by tie piles. Crew and passengers of the head boats board via portable gangways that are lifted into place for each use. The gangways bridge the water from the sterns of the head boats to the southern bulkhead wall. Three storm drain outfalls conned to the basin through the bulkhead. Some of them are crushed or are in poor condition. Before summer of 2017, a sanitary sewer pumpout station existed immediately west of the transient dock location. Water and electrical service is provided around the marina basin as well. Purpose/Need The existing marina infrastructure has served the Town well for many years; however most of it has exceeded its useable life. The existing timber docks and bulkheads are in constant need of repair. There are structural deficiencies and failures on the southern pedestrian fixed docks. Most importantly, the existing timber bulkhead systems are currently failing due to age. The high ground surface infrastructure immediately landward of these bulkheads will soon be in jeopardy. If the bulkheads are not soon replaced, underground waterlines, sewer lines, and storm drainage utilities will be compromised. Proied Phases with General Description All commercial charter and head boats must remain operational during construction. To facilitate continual use of the marina during construction,. the project will need to RECEIVED RECEIVED JUN213 2018 JUN 012018 DCM-MHD CITY DCM WILMINGTON, NO June 1, 2018 be separated into phases. Boats will be moved into temporary spaces during the various phases of construction to allow construction in other spaces. The project will be built in five phases. Completed in August 2017, Phase 1 was emergency repairs to the southern portion of the west bulkhead. This work included the removal of approximately 235 feet of existing bulkhead and the existing docks, piles and appurtenances associated with marina operation in this area. At the completion of Phase 1, 219 feet of new steel sheet pile was installed along with sidewalk and railing in this area. A Phase 2 preconstruction meeting was held 1/22/18 and construction to replace the remaining west bulkhead from its Phase 1 terminus to the western bulkhead's northern limit has begun. This phase of work also included the removal of existing docks, piers and piles in this area. Phase 3 will include the replacement of a portion of the docks and the pilings along the Phase 1 bulkhead and a complete replacement of docks and piles along Phase 2 bulkheads. The western area along Phase 1 and Phase 2 of the marina will be dredged in this phase. Due to the logistics of the temporary relocation of the large head boats located on the south side of the marina, the remaining docks which need to be reinstalled in the Phase 1 area will be completed in future phases. Phase 4 will include new bulkhead along the basin's south side. The remaining southern areas of the marina will be dredged in this phase. Then, slips and docks along the Phase 4 bulkhead and the remaining docks and slips along the Phase 1 bulkhead will be installed. Phase 5 will include the replacement of existing bulkhead with new bulkhead along the east side. Dredging and replacement of slips and dock will also occur. The entire project will be complete at the end of Phase 5. Permit Summ On December 19, 2016, the NC Division of Coastal Management (DCM) issued a General CAMA Permit for Phase 1 emergency repairs to the southern portion of the western bulkhead. No other improvements were included in this permit. On August 23, 2017, DCM issued a General CAMA Permit for Phase 2 emergency repairs to the northern portion of the western bulkhead. No other improvements were included in this permit. On January 3, 2018, DCM issued a General CAMA Permit for Phase 2 since the previous permit expired on December 23, 2017. It is the Town's intent to permit Phase 3 of the 5 Phase project to reconfigure the Town of Carolina Beach Marina and replace the bulk heads. In Phase 3; dock, slip, and piling replacements as well as the dredging in the Phase 3 area is included. The Phase 3 permit application is contained herein. Phase 4 and Phase 5 permitting will include all remaining portions of the project (sidewalks, platforms, gangways, Floating docks, piles, etc.) and be submitted as separate CAMA Major permit applications. Proposed Improvements - Detailed Description RECEIVED RECEIVED JUN 01201s JUN .13 M8 DCM-MHD CITY DCM WILMINGTON, NO June 1, 2018 The marina will be constructed with the following materials. The platform landings at the top of the gangways will be built on site with pressure treated timber. Gangways will be prefabricated aluminum including hand rails. All fixed and Floating docks will be timber. Docks guide piles, tie piles, and berthing piles will all be pressure treated timber. As described above, boats will need to be temporarily moored during construction at various locations within the basin, as well as outside the basin. It should be noted that some temporary piles and docks may need to be installed to provide mooring for some vessels. It is the Town's intent to coordinate this with DCM during each phase. A detailed layout of temporary piles and docks has not been prepared at this time. All docks and piles are laid out to provide adequate turning diameter for the largest head boat used in the marina. Floating Turbidity Curtain will be used during all phases of bulkhead construction. Floating Turbidity Curtain will also be used for any dredging performed by excavator (bucket). Dredging will occur in phases as described previously. Sediment will be removed via one of the following methods: • Sediment may be removed from the outer perimeter of the marina basin via long reach excavator positioned on high ground adjacent to the basin. Sediment will be placed on a barge for draining. Once drained, sediment will be removed from barge by the long reach excavator and placed in dump trucks which will deliver the material to the disposal site. A second option is "bucket and barge." That is, remove the sediment via Floating excavator, place onto a barge to drain, and then transport the material via water to a disposal location. • A third option is hydraulic cutterhead dredge and pump to a disposal location. Exact method(s) are being evaluated at this time. The bulkheads are designed to handle the proposed dredging to eleven feet (-11 NAVD88). The contractor will be responsible for providing a disposal site and disposal of the dredge material. Summary Replacing the bulkheads, docks, and appurtenances of the Carolina Beach Marina are necessary to protect the marina function, as well as neighboring infrastructure. The project will be built in phases to maintain marina operation as much as possible throughout construction. The Town will coordinate with DCM throughout construction regarding temporary mooring and any other items. We hereby respectfully request review and approval of this CAMA Major permit application package. We appreciate the opportunity to work with you. Please do hesitate to contact us if you have any questions regarding this application. Thank you. Jason Hall Environmental Project Manager SEPI Engineering and Construction, Inc. 5030 New Centre Drive, Suite B CEIVED Wilmington, NC 28403 RECEIVED 910-523-5715 JuN 13 2018 DCM-MHD CITY `'` ` MINGTON,NC DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Carolina Beach Project Name (if applicable) Town of Carolina Beach Marina Renovation Applicant 1: First Name Michael MI Last Name Cramer Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 1121 N Lake Park Blvd PO Box City Carolina Beach State NC ZIP 28428 Country USA Phone No. 910-458-2999 ext. FAX No. 910-458-2997 Street Address (!/ different from above) City State ZIP Email m ichael. Cramer@carol inabeach. org 2. Agent/ContractorInformation Business Name Sepi Engineering & Construction, Inc. Agent/ Contractor 1: First Name MI Last Name Jason Hall Agent/ Contractor 2: First Name MI Last Name Greg Thompson Mailing Address PO Box City State 5030 New Centre Drive, Suite B Wilmington NC ZIP Plane No. 1 Phone No. 2 28403 910 - 550 - 3254 ext. ext. FAX No. Contractor / 910-523-5716 Street Address (if different Bom above) City State ZIP Email RECEIVED <Form continues onAE+%IVED JUN 012018 252-808-2808 :: 1.888-4RCOAST :: ww a?A19'Imarra8ffMfLeb.TON, WC DCM-MHD CITY Forth DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address Stale Rd. # New Hanover 110 Carl Winner Drive Subdivision Name city State Zip Carolina Beach INC 28428- Phone No. Lot No.(s) (A many, attach additional page with list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Carolina Beach Yacht Basin 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 Myrtle Grove Sound e. Is proposed work within city limas or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []NO work falls within. Town of Carolina Beach . 5fte bescriptfon a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 971 130,680 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) 4' ❑NHW or ❑NWL e. Vegetation on trail Grass on south side of Manna basin along Carl Winner Drive. I. Man-made features and uses now on tract Manna basin is flanked by existing bulkheads. Steel bulkheads have been installed along west side of basin. Timber bulkheads still exist on all remaining sides. Timber piles, timber fixed docks, and timber floating docks delineate the slips in the basin. Commercial fishing boats utilize slips on all sides of basin. g. Identify and describe the existing land uses adtacen to the proposed project site. - At the northwest comer of the basin is a seafood restaurant with parking. Along the west side of the Manna is parking for the manna. Bordering the marina on the south side is a small park and Carl Winner Drive beyond. Canal Drive borders the site to the east. Adjacent to the northeast corner of the basin is another restaurant. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? MB-1-Manna (Attach zoning compliance certificate, ifapplicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. 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? RECEIVED <Form continues on next page> RECEIVED JUN 11&18 252-808-2808 .. 1-888-4RCOAST .. www.nccq�W.),8.io4sement.net N, NC DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ONO III) Are there coastal wetlands on the site? ❑Yes ONO (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ONO (Aftach documentation, if available) n. Describe existing wastewater treatment facilities. A sewer pumpout station exists on the west side of the marina. o. Describe existing drinking water supply source. Town supplied potable water services located at various locations around the basin serve the marina users. p. Describe existing storm water management or treatment systems. Multiple city stormwater pipes outfall into the marina basin. S. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial MPubliclGovernmenl ❑PrivatelCommunily b. Give a brief description of purpose, use, and dairy operations of the project when complete. The Carolina Beach Marina has over 30 boat slips used primarily by charter boats and head boats. Boats leave and enter the yacht basin daily. 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. Platform landings at the top of the gangways will be built on site with pressure treated timber. Gangways will be prefabricated aluminum including hand rails. Fixed and floating docks will be timber. Guide piles, mooring piles, and berthing piles will all be pressure treated timber driven with vibratory or impact equipment. The basin will be dredged by either long reach excavator, bucket and barge, or hydraulic means. d. List all development activities you propose. Replace piles, and fixed and floating docks. Marina basin will be dredged. A minor amount of spoils in the Phase 1 and 2 bulkhead area will be removed via long reach excavator. Remainder of marina basin will be performed by bucket and barge or hydraulic dredge. Spoils will be disposed of either at the Town's leased Waste Water Disposal site at the Military Ocean Terminal Sunny Point (MOTSU) or other permitted and certified disposal facilities chosen by Contractor. The Town is currently in the process of obtaining approval for the MOTSU disposal location. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an Existing Facility I. What is the approximate total disturbed land area resulting from the proposed project? 22,677 OSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONO ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Multiple city stormwater pipes outfall into the marina basin. 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 ONO ®NA j. Is there any mitigation proposed? ❑Yes ONO ®NA If yes, attach a mitigation proposal. RFOEIVED RECEIVED <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: ww . ceoastal management. net DCM-MHD CITY DCM WILMINGTON, NO Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (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. 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 The Ice Plant U-C Phone No. 919424-7101 Address 1404 Hedgelawn Way, Raleigh, NC 27615 Name Phone No. Address Name Phone No. Address g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. General CAMA Permit for Phase 1 emergency repairs #67113 December 19, 2016 General CAMA Permit for Phase 2 emergency repairs #69390 August 23, 2017 h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), 8 necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 1,2018 Print Name ,I_J-assoon Hall jSignature , Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED RECEIVED JUN 13 / A 252.808.2808 :: 1-888-4RCOAST :: Maely-Pihanagement.net DCM WILMINGTON, NO Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 317' Width 67'-90' Avg. Existing 6.5'-11.7' NA NA Depth Final Project -11.0 NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. e,000 c. (I) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None III) Describe the purpose of the excavation in these areas: Provide clearance from bottom of marina for boats. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Contractor will provide permitted disposal location. c. (i) Do you claim dae to disposal area? ❑Yes ®No ❑NA III) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: Safely dispose of waste sediment in appropriate area. [I This section not applicable b. Type of material to be excavated. Sand and sediment. d. High -ground excavation in cubic yards. N/A ❑This section not applicable b. Dimensions of disposal area. Will be provided once location is selected d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes ®No ❑NA (if) If yes, how much water area is affected? JUN 13 2018 RECEIVED DCM-MHD CITY II Ir,I n , onto 252-808.2808 :: 1-8884RCOAST :: www.nccoastalmanaaement.net revised: 12/28/08 DCM WILMINGTON, NC Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Iype m snoreune stamuzaaon: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other _ i. Source of fill material. D. Length: Width: d. Maximum distance waterward of NHW or NWL: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ill If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water _ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (Iii) Dimensions of fill area _ ❑CW ❑SAV _ ❑SB (iv) Purpose of fill ❑WL ❑None (II) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Floating turbidity curtains c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. 6/1/2018 Date Town of Carolina Beach Marina Renovation Project Name Carolina Beach Marina Phase 3 b. What type of construction equipment will be used (e.g., dragline, backhce, or hydraulic dredge)? Backhce, pile driver, long reach excavators, excavator on barge d. (1) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Town of Carolina Beach Applicant Name Jason Hall Applicant Signature I -/ t RECEIVED RECEIVED 252.808-2808 :: 1.888-4RCOA5T :: www.nccoastalmonaaement.net lull r 2/26I06 JUN 13 2018 DCM-MHD CITY DCM WILMINGTON, NIC 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 nPublic/Govemment ❑Private/Community [I This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 10 If yes: (iii) Length 4- 14'x27.7'. 3- 14'x24'. Tx28.6. 14'x28.4'. (ii) Number 5 Tx31.34' (iii) Length 4- 6'x25'. 5x25' (iv) Wdth See iii (iv) Width See (iii (v) Floating ®Yes []No (v) Floating ®Yes []No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 3 (III) Length 10.85'x6.92'. 2- 9.55'x8.5' (iv) Width See iii (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proppsed p.L'C 8 cn�; fired (ii) Number of slips existing 38 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: Varies 23'-50' f. (i) Are Boatlifts included? []Yes ®No If yes: (it) Number (III) Length (iv) Width h. 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). Charter boats, commercial fishina boats, and tansient I. (1) Will the facility be open to the general public? ®Yes []No RECEIVED JUN 13 20 RECEIVED 252-808-2808:: 1-ass-4RCOAST :: www.nccoastalmanapgemenCM_MHD CITY DCM WILMINGTON, NO Form DCM MP-4 (structures, Page 2 of 4) m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? Dock Pilings - 18: Tie Pilings - 9 Platform Piles - 27: 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: Vacuum sewer pump out, adjacent to the north west corner of the marina basin b. Describe treatment type and disposal location for all sanitary wastewater. Conveyed to Town of Carolina Beach Sanitary Sewer colleciton system. c. Describe the disposal of solid waste, fish offal and trash. Trash containers located throughout marina. d. How will overboard discharge of sewage from boats be controlled? Signage will be posted prohibiting overboard sewage discharge. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. One at each section (three total). (ii) Give the location and number of "Pumpout Available" signs proposed. One sign located at the pumpout station. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. Heavy maintenance, including painting and sandblasting will be performed off site. Standard Practices will be emplemented to prevent spills during fueling. g. Where will residue from vessel maintenance be disposed of? As per applicable laws and regulations. It. Give the number of channel markers and "No Wake" signs proposed. Maintain existing Signage or replace as needed. No additional sionaae proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. There are no fuel dispensing operations on site. Vessels are fueled off site or via fuel vendors. j. What will be the marina policy on overnight and live -aboard dockage? No overnight or live -aboard dockage allowed. RECEIVED RECEIVED 252-808-2808::1.888-4RCOAST:: www.nccoastalmanaoement.net ,JUN 13 2018 J3597/06 DCM-MHD CITY DCM WILMINGTON, NO Form DCM MP-4 (structures, Page 3 of 4) k. Describe design measures that promote boat basin flushing? 6 existing stormdrains outfal into basin. Marina basin adequitly flushes in its existing conditions. no changes proposed that will alter flushing conditions. I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A in. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ONO n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CV✓), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑$AV ❑SB ❑WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑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 (ii) 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 B. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑PubliclGovemment ❑Private/Community RECEIVED RECEIVED 252.808-2808::1.888.4RCOAST:: w mccoastalmanaeement.net JUN 13 2018 Jlg -W/06 DCM-MHD CITY DCM WILMINGTON, NO Form DCM MP-4 (Structures, Page 4 of 4) c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Existing facilities abut adjacent riparian property lines. Replacement facilites will also abut adjacent riparian property lines. Note: For buoy or rr*Wng piling, use am of swing including length of vessel. c. Width of water body 262' e. (i) Will navigational aids be required as a result of the project? ®Yes []No ❑NA (11) If yes, explain what type and how they will be implemented. Temporary docking facilites will provide access to marina patrons during dredging and other construction phases. d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structures) to adjacent docking facilities. Existing facilities abut adjacent docking facilities. Replacement facilites will also abut adjacent docking facilites. d. Water depth at waterward end of structure at NLW or NWL 111. 8. OTHER ❑This section not applicable a. Give complete description: 6/1/2018 Date Town of Carolina Beach Marina Renovation Project Name Town of Carolina Beach Applicant Name Applicant Signature RECEIVED RECEIVED 252-808-2808 :: 1.888-4RCOA5T :: www.neconstalmananement.net revised: 12/27/06 DCM-MHD CITY DCM WILMINGTON, NO Coastal Management ENVIRONMENTAL QUALITY June 11. 2018 SEPI Engineering and Construction, Inc. c/o Greg Thompson 5030 New Center Drive, Suite B Wilmington, NC 28403 Dear Mr. Thompson: ROY COOPER Govemor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the Town of Carolina Beach, for State approval for development of property located at 110 Carl Winner Drive located in Carolina Beach, New Hanover County. It was received as complete on June 1, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 15, 2018. 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 June 1, 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. 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. SinWely, Tara Mac herson Field Specialist cc: Courtney Spears, DCM Liz Hair, USACE Doug Huggett, MHC Town of Carolina Beach, Applicant Curt Weychert, DCM Fisheries Chad Coburn, DWR RECEIVED JUN 13 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 DCM-MHD CITY AMA PERMIT APPLIE F R Tgp4qavat,e & renovate the western portion of an .. - ffxff%pfflacement Winner Drive ty COMMENTS ACCEPTED THROUGH July 5, 2018 T APPLICANT: FOR MOREL DETAILSCONTACT Town of Carolina Beach NC DivOof Coastal Manlagemene 1 F. c/o Michael Cramer 1 Cardinal . x enslon 1121 N. Lake Park Blvd. Wilmington, NC 28400 Carolina Beach, NC 28428 Tara MacPherson, Field Represen a Ive 9 Agent: Jason Hall (910) 550-3254 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 12/18/2017 Name of Property Owner Applying for Permit: Town of Carolina Beach Mailing Address: 1121 N. Lake Park Blvd. Carolina Beach NC 28428 I certify that I have authorized (agent) SEPI Engineering —Jason L. Hall to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Carolina Beach Marina bulkhead, at (my property located at) 1 10 Carl Winner Drive, Carolina Beach NC 28428. This certification is valid thru (date) 12/19/2018 Property Owner Signature Date RECEIVED RECEIVED JUN 01201E JUN 13 2018 DCM WILMINGTON, N(DCM-MHD CITY MacPherson, Tara From: MacPherson, Tara Sent: Monday, December 18. 2017 1:26 PM To: 'Mark Arcuri' Cc: Simpson, Shaun (shaun.simpson@ncdenr.gov); Wilson, Debra (debra.wilson@ncdenr.gov); Hair, Sarah E SAW (Sarah.E.Hair@usace.army.mil) Subject: Carolina Beach Marina Application Hi Mark, I spoke with Liz Hair and she indicated that the USACE would not approve the current drawings/proposal for the marina and that there would be a new drawing/layout submitted. I am sending you this notice that the Carolina Beach Marina Permit application will be put on hold in this office until we receive the new proposal for circulation. Accordingly, I am requesting that you submit the following additional information to this office: 1. Please include the riparian lines for the adjacent properties on the submitted drawings. 2. Please define the dredge footprint and make sure the outfalls and pump out locations are clearly labelled on the submitted drawings. 3. Please provide 27 copies of the workplan drawings if they are to be submitted on sheets larger than 11" x 17". 4. Please include a to scale typical cross-section of the proposed marina docking facility 5. DCM recommends prior coordination with the USACE before submitting final drawings to ensure the proposed docking facility does not interfere with the designated Federal Channel Setback. In accordance with the Department of Environmental Quality regulations, we note that a certain time has passed while the application has remained in our office. Upon resubmission of a complete application, a local decision will be made in 70 days, provided this period is not extended as provided by law. Please contact me at (910)796-7425 if you have any questions. Thank you, Tara MacPherson Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macpherson@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 >> Nlothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED JUN 13 2018 ®CM-MHD CITY From: MacPherson, Tara Sent: Monday, December 18, 2017 1:28 PM To: Mark Arcuri <MArcuri@sepiengineering.com> Cc: Simpson, Shaun <shaun.simpson@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov>; Hair, Sarah E SAW (Sarah.E.Hair@usace.army.mil) <Sarah.E.Hair@usace.army.mil> Subject: Carolina Beach Marina Application Hi Mark, I spoke with Liz Hair and she indicated that the USACE would not approve the current drawings/proposal for the marina and that there would be a new drawing/layout submitted. I am sending you this notice that the Carolina Beach Marina Permit application will be put on hold in this office until we receive the new proposal for circulation. Accordingly, I am requesting that you submit the following additional information to this office: 1. Please include the riparian lines for the adjacent properties on the submitted drawings. 2. Please define the dredge footprint and make sure the outfalls and pump out locations are clearly labelled on the submitted drawings. 3. Please provide 27 copies of the workplan drawings if they are to be submitted on sheets larger than 11" x 17". 4. Please include a to scale typical cross-section of the proposed marina docking facility 5. DCM recommends prior coordination with the USACE before submitting final drawings to ensure the proposed docking facility does not interfere with the designated Federal Channel Setback. In accordance with the Department of Environmental Quality regulations, we note that a certain time has passed while the application has remained in our office. Upon resubmission of a complete application, a local decision will be made in 70 days, provided this period is not extended as provided by law. Please contact me at (910)796-7425 if you have any questions. Thank you, Tara MacPherson Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax Cara. macoherson((Dncdenr.9o_v_ 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED JUN 13 2018 DCM-MHD CITY V. SEPI E N G I N E E R I N GS C O N S T R U C T I O N LETTER OF TRANSMITTAL 5030 New Centre Drive, Suite B Wilmington, NC 28403 Tel 910.523.5715 Fax 910.523.5716 Via: Email Date: June 1, 2018 To: From: NCDEQ-DCM SEPI Engineering & Construction, Inc. 127 Cardinal Drive Extension Wilmington , NC 28405 5030 New Centre Drive, Suite B Wilmington, NC 28403 Attention: Contact: Tara MacPherson Jason Hall Cama Major Permitting Subject: Client/Project: Carolina Beach Marina Town Of Carolina Beach Renovation Phase 3 SEPI Project number SE17.128 We are sending you: ❑ Shop Drawings ❑ Prints ® Plans ❑ Samples ® Specifications ❑ Copy of Letter ❑ Change Order ❑ Reports ❑ Contracts ❑ Invoice ❑ Other Copies Date Description 1 6/1/2018 MP-1, MP-2 and MP-4 1 6/1/2018 Project Narrative 1 5/31/2018 11x17 Plans- C-1.0, C-2.0, C-3.0 and C- 4.0 1 1/31/2018 Deed 1 1/31/2018 Agent Authorization form for Jason Hall 1 1/31/2018 Adjacent Property Documentation- The Ice Plant LLC Comments: If you have any questions or need additional information, please contact me at 910-550-3254 or email jhall(alsepiengineering.com. Thank you. RECEIVED RECEIVED JUN 13 2018 JUN 012018 DCM-MHD CITY Signed: DCM WILMINGTON, NC [Print Name], [Accreditations], [Title] Page: On behalf of [Print Name], [Accreditations], [Title] 1/1 R S E August 30, 2017 Harbor Masters Properties, LLC Rhonda Glenn Hunnicutt 941 Bala Lane Wilmington, NC 28409 Dear Ms. Hunnicutt: The Town of Carolina Beach is applying for a CAMA Major permit to perform renovations on the Carolina Beach Marina, located at 110 Carl Winner Drive, Carolina Beach, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, the applicant is required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Please see attached Adjacent Riparian Property Owner Statement. 1. Please initial at the top regarding no objection to the project. 2. Marina repairs and renovations are necessary within 15' of your riparian access, so please initial at the bottom "I do wish to waive the 15' setback requirement." 3. At bottom -right, please sign your name, print your name, and date. Should you have any objections to this proposal, please send your written comments to Debbie Wilson, 127 Cardinal Drive Ext., Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. As authorized agent for the Town of Carolina Beach, if you have any questions on this project, please call me at 910-660-0505, or e-mail me at marcuri@sepiengineering.com. Sincerely, M, 4,_. Mark T. Arcuri, PE Site/Civil Department Manager SEPI Engineering and Construction, Inc. 5030 New Centre Drive, Suite B Wilmington, NC 28403 910-523-5715 RECEIVED JUN 13 2018 DCM-MHD CITY VED Duivi WILMINGTON, NC S E P 2 2 2017 5030 New Centre Drive I Suite B I Wilmington, NC 128403 1 Phone: 910.523.5715 Fax: 910.523.5716 1 sepiengineering.com I @SEPIengineers Postal ' O RECEIPT m m Domestic m WII�tNR'DM�{;,k� TAL iaSE � u7 C,WUWMail Fee f3.35 0400 ru ru $ 08 NIM ees¢nxwnoc.sa« Q ❑N P Vt(II A.py { ❑Fallen Pecelpt lNechonk) f PoBM&k ❑CarlMbtl McIlPmMcIeE ONlwry {--+�- Hero p ElmunslgnetumP UITOI i�p..M� •V �1� ❑Haan sgnanire Pawklea DelMwy6 O Postage $1.61 o 09/22/2017 Totel 08n6ee ra �$7.71 p� AU oom ,�, Ln Ln M1 m -0 .0 M1 0 0 0 0 0 M1 0 a M1 A O M1 FtECENED 3o 13 2018 DCM-MHD CITY ;E�,: VET; ['iGM WILMINGTON, NO SlP 2 2 2017 9/22/2017 PARID: R08818-006-027-000 HARBOR MASTERS PROPERTIES LLC New Hanover County 313 CANAL DR Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On Januarylst) 313011.56.7531.000 313 CANAL DR CAROLINA BEACH CAS06 COM-Commercial 957-Vacant Floors 1 CBD-CENTRAL BUSINESS DIS BLK 4-A LOTS 15-A 16-A 17-A CB Owner HARBOR MASTERS PROPERTIES LLC City WILMINGTON State NC Country Zip 28409 THE DATA IS FROM 2017 RECEIVED JUN 13 2018 DCM-MHD CITY 4EC VED DGM WILMINGTON, NC SEP 2 2 2017 http:l/etax.nhogov.com/ptIDatelets/PhntDatalet.aspx?pin=RO8818-006-027-000&gsp=PROFILEALL&taxyear=2017&jur-NH&ownseq=0&card=l &roll=R... 111 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Town of Carolina Beach s (Name of Property Owner) property located at 110 Carl Winner Drive (Address, Lot, Block, Road, etc.) on Myrtle Grove Sound in Carolina Beach, New Hanover County N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Print or Type Name 1121 N Lake Park Blvd Mailing Address Carolina Beach, NC 28428 City/State/Zip 910-458-2999 Telephone Number/email address Sep, 1, Zo i "( Date (Adjacent Property Owner Information} �l z n1 m Ca Signature* n _o m Print or Type Name 941 Bala Lane Mailing Address Wilmington, NC 28409 City/StatelZip _ 910-612-7439 Telephone Number/email addresevf WUMINGTON, NC Date* S!r 2 2 2017 'Valid for one calendar year after signature* (Revised Aug. 2014) r P..I l.form.ti., r` n PID: R08818-006-027.000 MAPID: 313011.56.7531.000 MAPIDKEV: 313011.56.7531 Calculated Acwge: 0.37 Cl ck for ETA% Dmalc REC€-1VED DCM WILMINGTON, NC SEP 2 2 2017 RECEIVED JUN 13 2018 DCM-MHD CITY SEPI I <O NST N UCTION Certified Mail — Return Receipt Requested May 7, 2018 The Ice Plant LLC William Player Barefoot 1404 Hedgelawn Way Raleigh, NC 27615 Dear Mr. Barefoot: The Town of Carolina Beach is applying for a CAMA Major permit to perform renovations on the Carolina Beach Marina, located at 110 Carl Winner Drive, Carolina Beach, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, the applicant is required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Please see attached Adjacent Riparian Property Owner Statement. 1. Please initial at the top regarding no objection to the project. 2. At bottom -right, please sign your name, print your name, and date. Should you have any objections to this proposal, please send your written comments to Debbie Wilson, 127 Cardinal Drive Ext., Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. As authorized agent for the Town of Carolina Beach, if you have any questions on this project, please call me at 910-550-3254, or e-mail me at jhall@sepiengineering.com. Sincerely, Jason Hall Environmental Project Manager SEPI Engineering and Construction, Inc. 5030 New Centre Drive, Suite B Wilmington, NC 28403 910-523-5715 RECEIVED JUN 01 M1 DCM WILMINGTON, NC 5030 New Centre Drive I Suite B I Wilmington, NC 128403 1 Phone: 910.523.5715 RECEIVED Fax: 910.523.5716 1 seplengineering.com I OSEPtengineers JUN 13 2018 DCM-MHD CITY k. RECEIVED a�A RECEIVED JUN 012018 DCM WILMINGTON, NC JUN 13 2018 IIV%hA_neun niTV • Complete items 1, 2, and 3. ■ PrIM your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiecs, or on the front N space permits. 1. Amc4e Addressed to: 7-N(1- ICE ft/VT GU41. ❑ Agent e _`4)fti ,rM w MAY f `' 201 00���.ego��M 9590 9402 3868 8060 5815 57 ❑ cwbw Mal Rests Oeirvery ❑ Reern Receipt to, ❑ collect on Celivery Meecfie ,w Sig2. Article Number RMreder /rrrm e^^'�'^ t't'^n . •cry Restricted Deliver/ ❑ Sgneture Confirmation 7017 1450 0001 2652 5033 a Rea cea DwG PS Form 3811. July 2015 PSN 7530-02-000-90M Dorrentic Return Receipt ❑ W W c W o W z W I-- UJI N a� U ❑ W 2 W � Z � U G U Z Z O f- 0 Z_ >J_ U DOGWOOD 314 LEMON DR WILMINGTON NC 28405-2383 3686430400 05/08/2018 (800)275-8717 1:37 PM Product Sale Final Description Oty Price VacMld Kai I 1 Pkup First -Class 1 $1.84 Mail Large Envelope (Domestic) U.S. postal Service (RALEIGH, NC 27615) CERTIFIED MAIVI(Neight:0 Lb 4.10 Oz) Only (Estiaated Del l very Date) rn tic 00811 (Thrsday 05/10/2018) 0 I C I A L 1C G Certified 1 IIYUSPS Certified Nall N) $3.45 (70171450000126525033) F' Return 1 $2.75 •a N w,eew-rm� m - Race i Pt (BFLSPS Return Receipt N) Or"•rm-Y1M m 1]w.wrrwar m "� nw (9590940238688060581557) o oO po-renae+w^^a"r 13m.s.,.o m Totem $3.04 pwaer�arwmomwrm G Credit Cad Ramitd $8.04 ,n - - (Cad Name:AlEN) r (Account N:)0(AN)IXNaI(Rk1003) r� T „ _.. _.. (Approval 4:804738) (Transaction N:728) o.-m r " /�'� �6. SL"3 I,� ..__rV--^..__ (Entry MDO0oo2 p) i (UD: A000007025p10801) •" '-' Z ( (Application Labe1:AMERICAN EVRESS) (PIN:PIN Not Required) (Cryptogram:352FAC1037103A3A) 0000008000) Text your tracking r"ww to 28777 (ZISPS) to get the latest status. Standard Message and Data rates nay apply. Vou aav also visit eae�usps.coa RECEIVED RECEIVED JUN 012018 JUN 13 2018 DCM WILMINGTON, NC DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Town of Carolina Beach s (Name of Property Owner) property located at 110 Carl Winner Drive (Address, Lot, Block, Road, etc.) on Myrtle Grove Sound in Carolina Beach, New Hanover County , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Signature Signature * v 0 Print or Type Name Print or Type Name 1121 N Lake Park Blvd 1404 Hedgelawn Way z n Mailing Address Mailing Address = RI Carolina Beach, NC 28428 Raleigh, NC 27615 p N City/State/Zip City/State/Zip 0 o m 910458-2999 Telephone Number/email 919-424-7101 Telephone Number/email a, G address address Date Date* RECEIVED (Revised Aug. 2014) *Valid for one calendar year after signature* JUN 012018 DCM WILMINGTON, NC I "I'll 1.1H R � 1f Y RECEIVED JUN 13 2018 DCM-MHD CITY RECEIVED W JUN 012018 DCM WILMINGTON, NC V IN410T� � II� �� IIIII INN IINI IIIf�I1H IIII 2014026651 PREPARER HAS NOT SEARCHED AND DOES NOT CERTIFY TITLE TO THE PROPERTY DESCRIBED HEREIN Prepared by Crarge & Fox, PLLC 701 Market Street Wilmington, North Carolina 28401 FOR REGISTRRTIOR REGISTER OF DEEDS W„1YWNOVFR CDUNRTYu.ENC 2014 OCT 06 02 02 56 M BK 5843 K 1458-1464 FEE $26 Igxg 1Nov Revenue Stamps S 0 H4k-,. f/ �J.s, QnbZ Tax Parcel Number RO 8818 006 031 000 RO 8818 016 011000 STATE OF NORTH CAROLINA COUNTY OF NEW HANOYER GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED (this "Deed"), dated as of the 14 day of October, 2014, is made by and between, The Town of Carolina Beach, a municipal corporation (the "Grantor"), and CBP3, Inc., a North Carolina Nonprofit Corporation, whose address is 1121 N Lake Park Blvd, Carolina Beach, NC 28428 (the "Grantee") WITNESSETH: WHEREAS, the Town of Carolina Beach, NC owns real property located at 110 Carl Winner Drive, Carolina Beach, NC (New Hanover County Tax Parcel Id # RO 8818 006 03100 -) and 309 RECEIVED JUN 012018 a N Carolina Beach Avenue North, Carolina Beach, NC ( New Hanover County Tax Parcel Id # RO 8818 016 011000) (collectively "Property"), and WHEREAS, 110 Carl Winner Drive, Carolina Beach, NC and 309 Carolina Beach Avenue North, Carolina Beach, NC are used by the Town of Carolina Beach as public parking lots, and WHEREAS, North Carolina General Statue § 160A-279 authorizes a Town to convey real property by private sale to a nonprofit corporation if the Town is authorized by law to appropriate money to the corporation, and WHEREAS, Articles of Incorporation for CBP3, Inc were filed by the Secretary of State of North Carolina on December 1 lb, 2009, and WHEREAS, CBP3, Inc stands for Carolina Beach Public Purpose Properties, and WHEREAS, the Articles of Incorporation for CBP3, Inc state that CBP3, Inc should be operated exclusively for charitable and public purposes as determined exclusively by the Town of Carolina Beach Town Council, and WHEREAS, the Town of Carolina Beach is authorized to appropriate fiords to CBP3, Inc.; and WHEREAS, CBP3, Inc was organized and operates exclusively for charitable and public purposes and all income of CBP3, Inc is used exclusively for purposes which qualify as exempt under Section 501(c)(3) of the Internal Revenue Code, and WHEREAS, CBP3, Inc carries out its purposes by operating as a "supporting organization" described in section 509(a)(3) of the Internal Revenue Code by conducting and supporting activities that carry out the charitable and public purposes of The Town of Carolina Beach ("Town'), and WHEREAS, the operation of public parking lots is a public purpose for which the Town of Carolina Beach is authorized to expend funds, WHEREAS, if the Property is transferred to CBP3, Inc it will continued to be used for a public purpose which will benefit all citizens and visitors of the Town of Carolina Beach, NC, and WHEREAS, The Town Council adopted Resolution No 14-2067 on August 12, 2014 approving the transfer of the Property to CBP3, Inc , and WHEREAS, The Town Clerk caused to be published a notice summarizing the contents of the Resolution, and more than 10 days has passed since the first publication of the notice NOW THEREFORE, the GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) RECEIVED JUN 012018 DCM WILMINGTON, NC r W and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEE and its successors and assigns forever, all that certain real property located in New Hanover County, North Carolina described as follows See Exhibit A" TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee supple, forever. HOWEVER, tins transfer is subject to the following terms and conditions a The Property shall serve as collateral for all remaining sums owed by CBP3, Inc. to Branch Banking and Trust Company pursuant to the Financing Agreement entered into December 17, 2009 and all subsequent modifications b CBP3, Inc shall continue to operate the Property as public parking lots c CBP3, Inc shall enter into an agreement with the Town of Carolina Beach for the management of the public parking lots d CBP3, Inc. shall agree that that all revenue collected in accordance with the use of the Property shall be tendered to the Town of Carolina Beach in accordance with the terms of the management agreement And the GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEE, its successors and assigns, that it is seized in fee of the above granted and described property; that it has good right to sell and convey the same in fee simple, that the same is free and clear from any and all restrictions, easements, or encumbrances, except those of record and mentioned above, and that it will and its successors and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written THE TOWN OF CAROLINA BEACH BY PA uCR� (SEAL) LeAnn Pierce, Mayor Pro Tem ATTEST k. . r)Q, I l,A W OAd 0 7p Kim Taylor Ward, Deputy Town Clerk z M RECEIVED = m v G' < JUN 012018 v n o m � � DCM WILMINGTON, NO ri STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that LeAnn Pierce, who, being by me duly swom, says that she is the Mayor Pro Tern of the Town of Carolina Beach, a municipal corporation, duly organized and validly existing under the Constitution and laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town of Carolina Beach, North Carolina, the foregoing instrument was signed in its name by LeAnn Pierce, as Mayor Pro Tern of said Town of Carolina Beach, North Carolina Witness my hand and official stamp or seal, this I �.} day of October, 2014 KIMBERLEE WARD NOTARY PUBLIC Illm W (1�j New Hanover C�i�o+�Junty Kim Taylor Ward, Notary Public lay �aTrmic on wm�ais wh 3, 2015 My commission expires RECEIVED JUN 01 Z018 DCM WILMINGTON, NC EXHIBIT A Tract I BEGINNING at a point in Vie Western right of way lineof Camlina Avenue North, which point is the southesste n oamer of Lot 4 in Block 4 of the northem section of Carolina Beech as the same is shown on a map recorded in Map Book 3 at Page 67 in the New Hanover County R4stry, and running from the said beginning point along the dividing line between Lots 3 and 4 in Black 4 in a wrcterly duvefion 125.0 feat to a point in the oaid dividing line that runs bctwom Lots 3 and 13, and 4 and 14 in the said Block 4; running thence northwercily, and parallel to Canal Drive and Carolina Avenue North 100.0 feet to a point in the dividing Ilse between Lots 5 and 15, and 6 and 16 in the said northern section; nuloing thence easterly along the dividing line between the said Lots 5 and 15, and 6 and 16 125. 0 feet to a point in the western right of way line of Carolina Avenue North; running thence soathwardly along th a western right of way lire of Carolina Avenue North 100.0 fat to the point of beginning. PA&F,L, NO.2: BEGINNING at a point in the weatem right of way line of Carolm Avenue North which point is the northeastern oomer of Lot 6 in Block 4 of the northern section of Carolina Beach the same as shown on a map recorded in Map Book 3 at Pages 50 and 51 in the New Hanover County Registry, and running fivm the said beginning point southerly with the western right ofway line of Carolina Avenue North 50 few running thence westwardly along the dividing line between Lots 5 and 15, and 6 and 16 in Block 4 of the said Northam section 125 feet to a point; running thence northwardiy parallel with Canal Drive and Carolina Avenue North 50 fee to a point in the dividing tine betwom Lots 6 and 16, and 7 and 17 in Bloch 4 of the said Northern section of Carolina Beach; running thence eastwardly along the dividing line between the said Iots 6 and 16, and 7 and 17 in Block 4 of the Northern section 125 fed to the point of Beginning. PARCEL, NO. 3: BEING all of Lot 15 in Block 4 according to a map of the North Section of Carolina Beach, North Carolina, prepared by M. H. Lander, CB and duly recorded in Map Book 3, Page 67, New Hanover County Registry. The same being all the lands located between Lot 14 and Lot 16 in said Block and between the Eastern right of way line ofC W Drive and the western end of Lot � c 4, described in that deed in Book 1499 at Page 422, in the New Hanover INW. JUN 012018 v n � _ v z m n m < n m a uMievirelomm Tract 2 PARCEL ONE: BEING all of that certain tract or parcel of land located in the Town of Carolina Beach and bring designated as "TRACT A, 35,729 Sq. ft .82 ac", on the Map entitled Town of Carolina Beach, Minor Subdivision Plant recorded in Map Book 34 at Page 229 of the New Hanover County Registry, reference to which is hereby made for a more particular description. PARCEL TWO: BEING all that certain parcel or tract of land lying and being in Federal Point Township, New Hanover County, North Carolina and being bound on the North by (now or formerly) W.H Weeks tract described to Deed Book 899, Page 15, as recorded in the New Hanover County Registry. Bound on the Fast by Carolina Beach Yacht Basin, Bound on the South by Carl Winner Street (Public 50.00' Right of Way), and Bound on the West by the FIRST TRACT described above, and being more particularly described as follows: BEGINNING at a new iron pipe located at 100.00' +/- from the intersection of the northern right of way of Carl Winner Street and the eastern right of Way of U.S. Hwy 421 (Lake Park Boulevard) as shown on a survey map prepared by Jack Stocks, Registered Land Surveyor, dated October 31, 1994. Thence running with said right of way of Carl Winner Street South 88 degrees 22 minutes 00 seconds East 33.83 feet to a new iron pipe as shown on a Minor Subdivision Plat prepared by Brian N. Hobbs, Registered land Surveyor, dated November 4, 1994 and said iron pipe being the POINT OF BEGINNING. Thence running the following bearings and distances. North 28 degrees 02 minutes 47 seconds Fast 69.31 feet to a new iron pipe. Thence North 18 degrees 53 minutes 00 seconds East 260.33 feet to a new iron pipo. Thence running with an existing pier by Carolina Beach Yacht Basin South 15 degrees 29 minutes 01 seconds West 3.53 feet Thence South 81 degrees 49 minutes 14 seconds East 1.73 feet to a bend in the pier. Thence South 18 degrees 48 minutes 17 seconds West 100.69 feet to an existing iron pipe. Thence South 19 degrees 36 minutes 38 seconds West 156.94 feet to a new iron pipe. Thence leaving said pier South 27 degrees 01 minutes 00 seconds West 68.36 feet to the eastern right of way of Carl Winner Street. Thence North 80 degrees 59 minutes 36 seconds West 1.49 feet to the POINT OF BEGINNING, containing 417.29 Square feel of land Legal description furnished by Hobbs Surveying Company, Inc. dated December 14, 1994. LESS AND EXCEPT all of Parcel 3 as shown on a map entitled "Right -of -Way Acquisition for J & F Enterprises, Inc., Bigley, LLC and Town of Carolina Beach" dated December 10, 2008, and duly recorded in Map Book 55 at Page 50 in the Office of the Register of Deeds of New Hanover County, North Carolina. Said property was conveyed from the Town of Carolina Beach to J & F Enterprises, Inc, and Bigley, LLC by deed recorded in Book 5474, Page 1881, aforementioned Registry. RECEIVED JUN 012018 DCM WILMINGTON, NC r NTYO ,[ A 2 �niisKt�% TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book Document No.: Recorder: WILMINGTON, NC 28401 ..... ..... .... ....................... ....... I ..... ,.......... »..., 1010612014 02.02:56 PM RE 5843 Page: 1458-1464 2014026657 7 PGS $26.00 HUGHLEY, CAROL State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014026657* 2014026657 RECEIVED JUN 13 2018 RECEIVED JUN 012018 DCM-MHD CITY DCM WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY June 11, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: Town of Carolina Beach (Marina) / New Hanover County Hello Angie: Please publish the attached Notice in the Thursday, June 14, 2018 issue. ROY COOPER Governor MICHAEL REGAN Secretary BRAXTON DAVIS Directar The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Kq Sincerely, 12��CK- Shaun K. Simpson Permitting Support & Customer Assistance Courtney Spears - WiRO MHC files Liz Hair - USACE Sarah Young- DCM RECEIVED State of North Catalina I Environmental Quality I Coastal Management J U N 13 2018 127 Cardinal Drive Ext, Wilmington, NC 29405 910-796-7215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On June 1, 2018 the Town of Carolina Beach proposed to excavate and reconfigure the western portion of the Carolina Beach Municipal Marina at 110 Carl Winner Dr., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7453 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 5, 2018 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 these matters will be provided upon written request. RECEIVED State of North Carolina I Enviromtmml Quality I Coastal Management JUN 13 2018 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DCM-MHD CITY M r NORTH CAROLINA .. Department of The Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF CBP3, INC. the original of which was filed in this office on the 11th day of December, 2009. DECEIVED JUL 0 2 2018 DCM WILMINGTON, NC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this I 1 th day of December, 2009. Certification# C200934400321.1 RefermceN C200934400321-t Page: I of 5 Verify this certificate online at www.secretary.state.ne.usherifwation Secretary of State SOSID: 1127662 Date Ffled: 12/11/2009 3:17:00 PM Elaine F. Marshall North Carolina Secretary of State C200934400321 1 Articles of Incorporation of CBP3, Inc. The undersigned natural person being the age of eighteen (18) yeas or more, and being a citizen and resident of the State of North Carolina, does hereby organize it Corporation under the Nonprofit Corporation Act of the State of North Carolina And to that end does hereby set forth and adopt the following Articles of Incorporation: ARTICLE I the name of the corporation is CBP3, Inc. (an acronym for "Carolina Beach Public Purpose Properties, Inc.") (hereinafter the "Corporatiou'l. The period of existence of the Corporation: shall be perpetual. ARTICLE Ill The principal office and mailing address of the Corporation is 1121 N. Lake Part Boulevard, Caroline Beach, North Carolina 29428. New Hanover County. ARTICLE IV The name and address of the initial registered agent is Stephen D. Coggins, Esquire, 2419 Market Street,Wilmiugwx,NonbCarolim29403. New Hanover County, This is the address of the initial registered office and name and address of the incorporator. ARTICLE V stock. The Corporation is a non-profit Corporation which shall have no members and no capital ARTICLE VI The Corporation is organized and shall be operated exclusively for charitable and public purposes and all income of the Corporation shall be used exchuively for purposes whichlshall qualify as exempt under Section 501(c) of the Internal Revenue Code, or the ceaesponding section of any future federal tax code. The Corporation is specifically organized and shall be opera...l exclusively for the purposes of promoting the general welfare of the citizens of the Town of Carolina Beach ('Town") by assisting the Town in carrying out Town public purpose functions through (a) acquiring sad cooveytrig any form of iaterest in any form of property (including real, personal, intellectual, wtanwble and any and all other forms of property), together with any associated improvements, facilities and equipment in connection with the property (all the above referred to collectively as "Property`'); (b) constrttction, maintenance, and operation of Property; and (c) performing any activities, uses, functions and operations m Page 1 of RECEIVED JUL 0 2 2018 Cer ire. Wn# C200934400321-1 Reference# (TW934400321- Pare 2 of 5 DCM WILMINGTON, NC UZUWJ44UUJZI connection with Property that are related to Town public purposes as determined exclusively by the Town's Council. The Corporation is authorized and empowered to conduct only activities that serve a public purposes as determined exclusively in the sole discretion by the Town Council. In the course of the same, and without any limitation on the functions set forth above, the Corporation may: (a) plan, finance, obtain, receive, solicit, acquire, lease as lessee, transfer, sell, lease as lessor, and convey any form of interest in Property; (b) enter into contracts of any type in connection with Property, including, but limited to financing the purchase of Property, constructing, repairing, or maintaining Property, taking all necessary and proper actions concerning any and all operations, functions, uses and activities in connection with the Property; (c) solicit, receive, maintain and administer any funds or property, real or personal, tangible or intangible; and (d) possess and exercise such general and additional powers as are conferred by the laws of the State of North Carolina or nonprofit Corporations organized under North Carolina General Statutes Chapter 55A, subject to the limitations contained in said Chapter 55A. ARTICLE V 11 The Corporation shall be directed by a Board of Directors. The number of directors, their terms and method of election and their powers and duties shall be as specified in the By-laws to be adopted by the Board of Directors. Vacancies on the Board of Directors shall be filled as provided in the By -Laws of the Corporation. The number of persons constituting the initial Board of Directors shall be five, but no more than two of the Directors can be an official elected by the voting public and none can be employee of the Town of Carolina Beach. The names of the persons who are to serve as the initial Board of Directors, together with the addresses where they may be contacted for Corporation business, are as follows: Director Address Dan Wilcox 1121 N. Lake Park Boulevard Carolina Beach, North Carolina 28428 Lonnie Lashley 1121 N. Lake Park Boulevard Carolina Beach, North Carolina 28428 Greg Reynolds 1121 N. Lake Park Boulevard Carolina Beach, North Carolina 28428 Page 2 of 4 RECEIVED JUL 0 2 Z018 C,ni&.tkM#U200934400321-1 Re(emnce#(200934400321-Pape:3o([ - --- -" -• ••--�" "' Dennis Barbour 1121 N. Lake Park Boulevard Carolina Beach, North Carolina 28428 Lisa Wills 1121 N. Lake Park Boulevard Carolina Beach, North Carolina 28428 The management of the Corporation and its assets and affairs shall be vested in the Board of Directors, who may delegate the management functions to officers and other such persons as provided in Bylaws of the Corporation. The Board of Directors, in addition to its other powers and authority, shall full power and authority from time to time to use any and assets of the Corporation solely in furtherance of any of purposes, powers and functions for which the Corporation was formed. Provided, however, that the power granted to the Board of Directors shall not authorize any action which would defeat or substantially impair the charitable, scientific, educational, and public purposes of the Corporation as set forth herein. ARTICLE Vlll No pan of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its members, directors, trustees, officers. or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article VI hereof. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the Corporation shall not carry on any other activities not permitted to be carried on (a) by a Corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. or (b) by a Corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code. ARTICLE IX Upon the dissolution and liquidation of the Corporation, after paying or adequately providing for the debts and obligations of the Corporation, any remaining assets shall be distributed to the Town or its assigns exclusively for public purposes as determined by the Town. Any such assets not so distributed shall be disposed to one or more organizations formed exclusively for public purposes and which are exempt as organizations described in Section 501(e)(3) of the Internal Revenue Code, as determined by a Court of Competent Jurisdiction of New Hanover County. RECEIVED Page 3 of 4 JUL 0 2 2018 ('er ifkaion# ('20"34400321 -1 Reference# ('20"34400321- C200934400321 ARTICLE X The Board of Directors shall have the full power and authority to make, alter, amend, and rescind the Articles of Incorporation and Bylaws of the Corporation; provided, however, that this power shall not authorize any action which would defeat or substantially impair the charitable, scientific, educational, and public purposes of the Corporation as set forth herein. This the 9� day of December, 2009. CBP3, Inc. By: Stephen D. Coggins,lnc Mhu Af 1460 1157 nTg�U TNTN I.INd G1NO NItrLT 10 At CUIN 0/ Town of Carolina leach TARO NOTICE: tftOMLO w rEat►N(s 0E8[OCA P. :Octft y KOlgl[► CF ofIas Ir TAX LD. N0. N[�NtsSt r^.0. me JAll s n MIS OfuJ,fartar D� nttyt li�{:QIRO[ f�Aim m �n t I. pursuant to C.O. 113.203. 113-M and W ruin preaulpted Wrounder, W lec��sT ( the north C4mIjaa Ospertaant of Natural tuwrast sty Crsundery bevel 'wgk po, W Dtrecaor of tM 01.1a ton sf narina ►IaMrlas, bmt iasusd s rgadfluareaslutl.m prsuast to Q,g, 111-20d end IS NCAC 1N,0103 ceeaern- ing the auh�rgod Lee clafn arlglnally filed by Town of cetelloa Mack. r- the leed nds subject to tais fleal raeolutlao are 11alt-4 to dtsae rAsorfed lands td11<A wre tialaby T~ of Carolina Death pursuant to C.f. 11]-205 and are described nor* fully to the following: Dead look 432 pap 93. New Nano.er County Register of Deeds 3. As the successor In Interest to W original clalnant, Toun of Carolina lleech, thecurrent elAlaant, Town of Carolina leach, asserted title to tthesubwrged ands covered by the cLlu. a. pursuant to C.O. lad-20.1 the interest In regularly flooded astwcfna rrsAland camayod by the fists board of Education Saud row third by Toes of Corollm Deacb In d' lands described has Man recognirad subject ta all public trust rights In such lands. This final resolution does not affect or impels the common law riparian or littoral rights ranting with lands located sbaoe the aoen high -star rrk. S. Notice of this final remlutim has been duly xrnd an Tam of CarolinaNash by certified all. d. the Secretary directs that this deeLratlea M recorded under the State of North Carolina in the greater Index end cross-ipdated ceder Town of Carolina Mach la the grr[ee index In W N20 NANMn Cooney Register of Deoda. This the -� day of . 19-!j. WILLIM W. CHET, JR. Secretary Dr. Nilllr T. Uprth, Dirge", North Carolina Oiwislon of Marine Fisheries Departart of Natural P"REDTD Rsswrcaa and Coontnity lewlopoent Jy�O -r� pursuant to 13 NCAC 1N.0103(3) LCL-41,% RECEIVED JUL 0 2 2018 15RSGs Wen PAff 1460 1158 THIS INSTRRLOrf APPSOM AS TO PORN RY TYI AHOWW dOWL'f WnC! LACY N. TWOROMC Attorney Coastal fy: 7H CAROLINA ntaoc [terry — camrn 1• +Aa 4 a Notary Public, is .N for %Us ,aid Ceus y AM Snu, de Mceoy certl y t ►t. William, T. Mgerth pacasrlly lawn to se,ty asi Mato and duly person- ally appeared before w this day in said Couny dpd taekadelr dw "nac-t Lon of the foregoing loatruasttt of witlna far tlr purposes tyrela "pressed. PAAWA Rotary Se NORTH CAROLINA Tha foreaoiug certificate of • No}colic of County' fun of Ibrth Grelfr, 4 ccertifiedtoo M eerrect. This iostrus'nt cam, Presented for registration this day and kart and duly recorded fa the office of tho Ragisnr of Dead$ of Ce,nty, North Carolina to Seek _ dga L This — day sr 11 _, at •'clock H. Register Of Dead, STATI OP NOM CASOl14A NameCM" Tim, 'R► �CtrN6o'tt�Cd has" hair W` tar -- 7as dm, 22 dayd Jong lf� ■a4w f. T"m Domkl. sl Doade wrflA..- a RECEIVED JUL 0 2 2018 INGTON, NC Q ti ! t i rr s y3�sbr��ft }rF i! = V131 Y firs 3ti i •�ri ; �a q{•�i� s. !:!`! .z is■; iY3 i]t r��:3 r rj1 ]s` r iF s l�al�ki {r o s5 s 1r1,s d� fy%� y', S ] '33i E] ■j3=s �r j`� 3] ] ]j g �5 Is is *� i lcrr s•;3: i i? i; s?iq�3 Y�# Ys• t iyC ° i5 6i •�r�7y`ia3!? •i vz��6�_3 g t E 37 b i Y ;i r i ?3:'►.sY= ]'!'r3` 3 c{'eili ` pSp lilt ; Y �r !];j"j�i ti�jg 'r' Y: a iilj'dta#• ■ :1 lY:YgliJ.:r6�A$tl��� g� s i; .]�[r]'�ii i s1 ;� ;� :''•� ?�Y=����3 y`9]� ,Ry�sc�'`� -Jill .,3:� �rR�� fil:i�l.Yv r ys`Y Bis ; -JJ p i A �s�3a3■] ] i !E i'.Ys�.'�F{]]Rx�s`! 3� gI �3•]i3sIs ! €Sig i] 11° s � 33y•..Z..! rq:lr.;p t J] s;' "I >u.�s i3 :v: i 3i= aprr]Y{ �siil�7icil3i i; e' °3 s�s j` ' �:��� �~� � � ar�� �id�� tl�3'.�sa-,^�?: i','.r `D r , =5 �ti;i� �� ac ■ !� s= pg ]3i 6' t f A! 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J, vlth to otlloa ma you of puLwa In tpo P , Soot off1Y dadmu• Wrdog., 111W1. (o.r»•laftm balls tr.. •Seller•) " Pry at Me rim% pets era atiAdt Uo. bt11OK .' Fbap, d carpOrdtlm of Y.a 3Yte o[ YSrtl (amlptlNr Y11d( %te /.r.•'), pato .mood port;3.ii TILT: to tontamtfw of Uo .roil"1 pmaOoo, eors.nu W Yr.aan4 M»Wfurforth, M. nh w homy .pod is f.Lla o :1. kR Af' L VW Too S "r "'00) sore•. w twlr„ot, baU W d.11Yr BorerN• ayar r •or .pm. as by rw M. Sell.) dm to Ytapt ,jim, of Y tm.WTMr») Nr .. .mtoo W 1, . M. fo1lo draerlbod throe aalrplmt (uretoot"dmetlma m- to mpmaV), bo " o we e.tmorf.• (ura ooftor soettrd nf.me to Y •(au•)a:rd particoldr. d..trlbwlew,b i t la) .m 1,300 MnrtP»ttnt letstlts err (1) 1V • Molt, u do.erlbw and .banes y tills`. Spodlft..alm b, SD1T, Mto, auto,49. b..rlm "I .dada W doL.e�r o. W .wborr a. f.11an: Bomrot . 3d. to 391, m<l+fo. 3aUdy'- 1w. 119J9 1. U911, lu1Y., dad 12192 t. 12394, tn<1Y too, Ta. IU) 4« lr Fnap000r poa.l OP•7 01...1wM :as:uan (1) lr -. Y. Lo::.ytlppU vLL, ".M :moral.a .w0.1tKsw:srtaw.Mu. batVd brsr.r p, 1949.: nrt,4 <r'.. lmtm .no rmr'o .entl .W.en u fo11en1 brrr�. Soo.:w to 132, Sails•. add. uqu to 11 2), IwlufYd. W . 1t e[ •lost a wee or ..toBo3Y wi r•, y r rernca, p ,m ..o .. fully Y vM . uq�nYlr .Y tomb M. iM .p01f1batlm. bar, fro tlm M t1Y a.fe» or dulled <aatrwtlm of Lla • rylpmw, M ladlrlH l5 tom .tfemsa Mtwm 1.Ls W or'r e••{oa.e"4tirs dYfpo" to Ktt lr„ y M. Du .. r.� • 1tS of murla: W e:ulp.wt Jw. _I: c .I: .oaten u 43 lntrnt.a. Jaoee.:ai»im .T•c'tt^n) "ppllsbls to emllmmt of Much aba. U) R!:L<t PY.iGL. Tb" nalatYa pat! rr!<. ter Yea typo a Iwmlb. toM I^Aa:r, :.another to: (a) am 26L.31 for Yr.. lwortbo JX Lot No to le L331,101.40 for Yoo hobos,» .,14,F. 1. Tho YtWtY M" pat. rum Yr ;rlw rtky. <: ettam (u) lwmot- 1<..:. Two noun `_roe PWre W rm fardo.ad Dal,.. (j2'W'aw.w) Ppm 00:.1111ott W of Y. wtml Poll pnaaip prlc. of All tG lwa retrm, 1ce140/M' 1.1uW,a a else. ter .y nK:flbatlm .f Mr rPY:fimalme Im bap ma..0 as,. wtwl 3Y11 surd.Ye »Sea M ,owe ua, Aa Yt WIK JVm't. porno pet» MnWas..utw, own :um .00u ad par0l. n.mu dtro wtul full pur:r.Yt Pric. fx.13 t1. lxa,tlw. to o• r O,. )o e.•. W utwl full pork.« "it. of Ul tM lastwn .. d.wmLK uc .td,tst.1 ray wd. Ynw abutrlYtf m.. f[.y. hall be foots um Md aetlmtw u+»Yw prm.we prim of the alllioo eLr.t Lumr.d bad too (Q,plolm.w) FnWbm .tat", tt.m M• ."..at of " --ma -toil L. bald N YM by fed a.ro, a or. S.U.r at tM lfao or 4.11nm of ate. 1d.1 of .ua. le<o•balro. lat.mt Motu M pile .L em rat. of lq W <w.., auared fOrtry«m ttoesmdtt. pr mat (2.647S) "1 bona upOn wuu aadn<ba of bald prlaelpol a.ant. at en. tim• wn th Ma .Ytl.r apwiried In lbatlm 2 of 'Poor l4a.dmt. JUL 0 2 2018 DCM WILMINGTON, NC Description -- Book 472-93 A certain tract and parcel of marsh -land lying south of the Inland Waterway and Snow's Cut. Being briefly described as being bounded on the north by the 500 foot rightaway of the U. S. Government Reservation and the Inland Waterway, on the east by the Northern Extension of the Town of Carolina Beach, N.C., and the marsh -land of the Homes Realty and Insurance Co., and W. F. Schaffner, on the south by the marsh -land granted to E. C. Napier by the State Board of Education (book #300, pp. #462, New Hanover Register of Deeds) and on the west by the high water mark of the Myrtle Grove Sound. Being more fully described as follows: BEGINNING at a U. S. Government stone, said stone being N. 74 E, 3150' more or less from U. S. Highway #421, and also the southern 500' rightaway of the Inland Waterway, and thence from said beginning stone, N. 74 E. along the R/W of the Government Reservation, 920' more or less to the eastern edge of the canal to Carolina Beach and the high water mark of the western edge of the Northern Extension of Carolina Beach, and the Homes Realty and Ins. Co. line, thence with their line and the high water mark on the eastern side of the Myrtle Grove Sound, S 11-15 E, 1050' more or less to a point in the Homes Realty and Ins. Co., line, thence with their line, S I 1-30 W. 4500' more or less to the north-east corner of the tract of marsh -land conveyed by the State Board of Education to E. C_ Napier (bk. 0300, pp. #462, New Hanover Register of Deeds, thence with his northern line N 76-37 W, 450' more or less to the high water of the western side of the Myrtle Grove Sound, thence with the high water mark of the western side of the Myrtle Grove Sound to the beginning stone. Said beginning being the following calls and distances from the north-west comer of the Napier Tract; N 21-15 E-560, more or less, N 7 E, 540', more or less, N 2-30 W. 300', more or less, N 14 E, 350', more or less, N l E, 740', more or less, N 1 W, 590', more or less, N 1-30 E, 300', more or less, N 18-15 E, 330', more or less, N 13 E, 545', more or less, N 6 W, 635', more or less, N 36 W, 350', more or less to the Government stone. Said tract containing 73.8 acres and being all of the land bounded on the north by the Government Reservation, on the east by the land of the Homes Realty and Ins. Co., and the Town of Carolina Beach, N. C., on the south by the land of L. C. Napier and on the west by the high water mark of the Myrtle Grove Sound as surveyed and mapped by F. M. Sears, Jr., Registered Land Surveyor, February, 1950. RECEIVED JUL 0 2 2018 DCM WILMINGTON, NO Sara Hartman From: Steve Goggins [scoggins@rlblawfirm.comj Sent: Monday, November 01, 2010 5:11 PM To: Ed Parvin Subject: EUREKA AGAIN!! LONG LOST 1950 SURVEY TO 73.8 ACRES OF SUBMERGED LANDS FOUND TOO! Attachments: 1950 Sears Survey of 73.8 acres.pdf, Deed 472-93.PDF, 1989 TCB SUBMERGED LANDS CLAIM 472-93.pdf; Re -typed Description -Book 472-93.pdf The State Archives folks finally came through today for us! Attached is the long lost 1050 survey for the submer¢ed lands --- it was fried away in vet another box! Also, I attach the relevant deed, a typed out description of the acreage (hard to read) and the State's recognition of the Town's claim. More great news for the Harbor Committee! Let's place these in the official Town archives. Steve Coggins Stephen D. Coggins Rountree, Losee & Baldwin P.O. Box 1409 Wilmington NC 28402-1409 scoeainsra! rlblawfirm.com www.rlblawfirm.com (910)763-3404;fax (910) 763-0080 cell and voice mail: (910) 524-9515 CONFIDENTIALITY: This message, and any attachments hereto, may contain confidential information protected by the attorney -client privilege and/or the work product doctrine. It is intended solely for the individual(S) or entity to whom it is addressed. If you have received this message in error, please notify the sender immediately, delete this message, and destroy any existing copies (electronic, paper, or otherwise) that you may have. Any wrongful dissemination, distribution, or copying of this message is strictly prohibited, I.A.S. 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RECEIVED JUL 0 2 201E DCM WILMINGTON, NC MS > Y1.T\l AtlK fq,11 i 0 To U" 4wA , � Ya Nscwu ry1 \ [� STATE SOAAO OF COOCATION tl IF a THE TOWN OF GNOLINA OCACN furl -,afNi � 4 i • � �! a� u a1 L a Z15 <. a L___ � ( a_a ffu.i{ u �� .tat 1 L'� •� a� a �4�!! ❑I��CL�LJ i.t� C I O IYIAMC.! w IYM!-WGMtl,<� m m Y.W .0 WI! ► I.Iq.. 4; RECEIVED JUL 0 2 2018 "It. DCM WILMINGTON, NC NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Myrtle Grove Sound Fee: $14770572 CDAITS MHC cc t'I Applicant: Town of Carolina Beach Agent/Contractor: SEPI c% Jason Hall Project Site County: New Hanover Staff: Tara MacPherson District: Wilmington Project Name: CB Marina Renovation Rover File: n/a Ri Ba in: Initial date of application submittal: 9-22-17 Date application "received as complete" in the Field office: 6-01-18 SITE DESCRIPTION/PERMIT INFORMATION ORW: []Yes KdNo PNA: []Yeso Photos Taken: Yes R No❑ Setback Required (riparian): ❑Yes KNO Critical Habitat: ❑Yes o ❑Not Sure 15 foot waiver obtained: ❑Yes o Hazard tification Returned: ❑Yes %0 SAV: []Yes o []Not Sure Shell Bottom: ❑Yes No [INot Temporary Impacts: es []No Sure Sandbags: ❑Yes 1XNo ❑ Not Sure Did the land use classifiqptir come Mitigati equired (optional): from county LUP: ❑Yes No ❑Yes LINO Moratorium Conditions: Environ tal Assess ent ne: []Yes to ❑NA Length o Shoreline: (VYes ❑No ❑NA FT Shellfish Area on: Project Description: (code) Development Area: (code) or Closed01 Open -or(,, to SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Ll Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) 0 Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (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.) El (JR) Black needlerush (Juncus (SP) Salf/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to.1 can be applied - $250 acre; 4144 can't be applied - $400 Lj Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major Any development involving D&F of permit - $100 permit - $250 in e than 1 acre - $475 LJ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ LVress Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - ❑ II. Public or commercial/no dredge RECEIVED $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; 4144 can be applied; DCM needs JUN 13 2018 DWQ agreement - $400 DCM-MHD CITY Town of Carolina Beach Date: 46-01-18 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. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One t (-I w o Replace r 1/Jf ^ Maint ❑ ❑ Y N C�/•1� New Work Replace Maint ❑ ❑ Y YN da New Work Re lace Maint ❑ Y ❑ N New Work Agplace I Maint ❑ ❑ Y 'o N New Work Replace Yg .�• Maint ❑ ❑ N New Work Replace Maint ❑ ❑ Y N , FS 3 New Work Replace I Maint ❑ ❑ Y N SNew Work Replace Maint ❑ ❑ YV N 1zz� Describe below the HABITAT disturbances for the application. All values hould ma thcr name. and units of measurement fou in your Habitat code sheet. nd TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact ternimpacts) impact amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other Dredge Fill ❑ Both ❑ Other ❑ U �. Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1.888-4RCOAST :: w .nccoastalmanagement.net revised: 10/12/06 ( U C MAJOR PERMIT FEE SCHEDULE Development Type Fee DCM % (14300160143510009316256253 DWR % 2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0%($0) II Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/OF open water areas, determine if A. 6, C., r D below applies: III(A) Private, non-commerdal development, if General Water Quality Certification No. 4097 tSee attached can be applied: $250 100% $250 0% $0 III(B) Public or commercial development.. if General Water Quality Certification No. 4097 See attached can be applied. $400 100%($400) 0% $0 III(C) If General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWR concurrence is needed because of concerns related to water quality or aquatic life $400 60% $2401 40% $160 III(D). If General Water Quality Certification No. 4097 see attached cannot be applied: I $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands , and/or open water areas: $475 0% $285) 40°l0 $190 i MAJOR PERMIT FEE SCHEDULE Development Type Fee DCM % DWR % 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $400 100% $400 0% $0 II I(C). If General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWR concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 4097 see attached cannot be applied: 00 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands and/or o en water areas: $475 0% $285 40% $190 RECEIVED JUN 13 2018 I)CM-MHD CITY TOWN OF CAROLINA BEACH PHASE 3 MARINA RENOVATION DEVELOPMENT TEAM OWNER / DEVELOPER / APPLICANT TOWN OF CAROLINA BEACH 1121 N. LAKE PARK BOULEVARD CAROLINA BEACH, NC 28428 PH: (910) 458-2999 CONTACT: GIL DUBOIS PUBLIC DIRECTOR OF OPERATIONS ENGINEER SEPI ENGINEERING & CONSTRUCTION, INC. 5030 NEW CENTRE DRIVE, SUITE B WILMINGTON, NC 28403 PH:(910) 523-5715 CONTACT. GREG THOMPSON, PE SHEETINDEX C-1.0 COVERSHEET C-2.0 EXISTING CONDITIONS PLAN G30 SITEPLAN C-4.0 TYPICAL BULKHEAD SECTION RECEIVED JUN 13 Z018 DCM-MHD CITY ISSUED FOR CAMA MAJOR PERMIT JANUARY 1, 2018 VICINITY MAP - NOT TO SCALE NOTES 1. CONTRACTOR TO PROVIDE DETAILED WORK PLAN TO TOWN FOR APPROVAL PRIOR TO START OF WORK 2. SPOIL MATERIAL REMOVED TO BE TRANSPORTED TO SMU DEWATERING SITE IN SEALED TRANSPORT TO PREVENT MATERIAL IMPACTS TO SURFACE ROADS. 3. CONTRACTOR SHALL PROVIDE MARINE SILT?URBIDRY CURTAIN BEFORE EXCAVATION OF MATERIAL, 6, CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ALL SITE SAFETY AND SECURITY. 6. CONTRACTOR SHALL COORDINATE WITH TOWN FOR ABANDONMENT AND REMOVAL OF EOUIPMENTAND ASSOCIATED ELECTRICAL 6. SATHYMETRY AS PER TI COASTAL DECEMBER 2616. T. HORIZONTAL DATUM IS NC STATE PWIE ZONE SM. e. VERTK.lLL DATUM IB NAVD68. BFFOFYW qG SEPI' I = o W 00 Q O z Z J O W U W Q Z Q w = (n W 0w U F D z i U< m LL O M U o o _lV JUN I DCM WILM FOR PERMIT ONLY - NOT FOR CONSTRUCTION I C-1.0 #1 u Y I t• p I K I � k Z CD DI m ����u•��'�`c'_':`}.Z" ,.� � xAY tf • e ra � e t • �i r IgI iF � E Y e i d o . •• na ,mnm osdne„- I 1 F Ft a • S-7 me s I _ 1 � ! ap�j � ° nJ'6 • r! l i� t!!! k k d d! e y t d 'ti 3 d� I } t E. 9 Y �S-5.. S e .eklety!dti:piyi i S-3 kd 1 p. 7; Y • S-1 ettiil!#d}iPak?3=-lky 0 0 tl.! ! ! F k wn .re I ° �'Y �si MIA iS E £ =1 1y�jjig �I I f�111.LLLU $ I h!C \ E 6 14B. N E4 �B O f,1 $l1��I °I;il l�t�a9�1 P2 i �av °�"D►®�®•d7L qI I Jill Ill I ill ill Ill 'Ill 11111111 fill I1ka1gill �11 11 i��� a age 'r c a TOWN OF CAROLINA BEACH PHASE 3 MARINA RENOVATION fJ....... .... ...... ._.-�______ 6 st sa EXISTING CONDITIONS PLAN CABOLNN BEACH. NC!lT11 CABOLgt4 RECEIVED JUN 012018 DCM WILMINGTON, NC RECE1VED JUN 13 2018 'pl r A, 3 n�` o �• A Ajlaow ° s it N \ I , MA, MrYM NA ' n. �r . n..� � - �.. yr.._.: rb u'1Cq \....M m !, .. � n /•-'I .M. _.n. — .w..—.M� ��wy � p..✓ y _' � yM H ^ n e f t t k! s•k d{ •! • j dh t�i'�m 1� • . y - 'y mIFA\ rn G g S \ • J rw k k fn A \ n S X� � i I • t�7c 1 $w: •.. t� !� aa�nnl 1 • p�Fa p �• •' i� �9� �6' \\t\\� � i k` e E 2 3 k t l t i t l k E P F� E i i t e t t f E S k f I t py' •`\ •\ \vvfv j\vv�v A I • • � i i • _�___, r t! t d k t t! t 4 Y 4 .�• s 6 tr �mm \ p(p( +(( z m 1 • •`f li ttk kkkf kLl lklk +ifa M'JW .ii•p >Nm \V F Y ii •Y'" /y� •fit;ff Zk'kidFd?lEik / , x fl1tE��eiEeFdke±thp i-- k, to m I 1 ��� ffletltnf�?.}{tilttlteltllk4t I o Z = o m (� m _ ti j U) 11 m 0 • TOWN OF CAROLINA BEACH If PHASE 3 MARINA RENOVATION ci OAS SITE PLAN CA NA BEACH. NORTH GROt WA RECEIVED JUN 012018 DCM WILMINGTON, NC Y 7 d 1 b i -i t;el+ry�{;lft tf'tkla't+ a mm sg $ os F � zr ttt`68E t6?eeiledkk}% u L D ; R�DF/V�D 3 ?018 ii e• ` t i i jt lsllt�=� t Ciry e s+ro+e h.•� 11;\]IIII\SC10.0]J OJ Ce IPRIW MI CMSfAW+IW�OR.FM++OIC(R dA\eef-CB MNMt.-]-YOBS i tt t'eiE}Ei!}}EENEa}EEE}ii '.. t D 0 2 �v n D j rn m y -- TOWN OFCAROUNA BEACH MARINA EMERGENCY REPAIRS PROPOSED DOCK & DECK PLAN ]..c: ::9 VERIFIED 5= E COTS n CEEDS ..MOVED CO. NC CERTIFICATE OF ACCURACY & MAPPING '94DEC28 FA 99 I L 1/,3 f A/• '1�4 DO CERTIFY THAT UNDER MY DIRECTION AND SUPERVISION, THE ATTACTm PLAT WAS MAW FROM AN ACNAL SURVEY MADE UNDER MY�ITIPERNASIM, OIj�TFE ORDER AND AT THE ERECTION arna' air.au.r ssA THE OWNERS OF THE LAND INCLUDED. ME THAT THE SUBDIW510N AS SHOW BY ,-..•1. �•••... THE ATTACHED PUT IS LOCATED ENTIRELY IMTIONTHE BOUNDARIES OF THE LAND OMN IED BY _ • .r I THAT THE RATIO OF PRECISION AS CALCUUTED BY O+. UTITUDES AND DEPMNRR.IS 1.IO,ODWITNESS AAJOMial, 1994. DAY OF MY HAND AND SEAL DAY �^ DA tEYgi I NOTARY PUBLIC � NORTH CAROLINA. ��/L '+fix WUNTY I N IASWrd WAj.AW_CaFjfA NOTARY PUBLIC OF THE AFORESAID g COUNTY AND STATE, CERTIFY THAT -Y 'AAI A(. H &A I 4 A REGISTERED UND SURVEYOR. PERSONALLY APPEARED BEFORE $ ME THIS DAY AND ACMROMIDGED THE WE EXECUTION OF I I FOREGOING STAIEMENT. MTMESS MY HAND AND SEAL THIS DAY OF 1994. .. YY 01164a1N FIDPFS I Nor m Fdmr/Y ' I W. K NEEAS // -1G- 1a� Ao- � • - '. Re aB 894 PSI 13 CERTIFICATE OF OWNERSHIP, ..''+ry ;;r:•^", DEDICATION AND JURISDICTION I (W) HEREBY CERTIFY THAT I AM (M: ARE) THE OWNER(S) OF TIE PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I (WE) HEREBY ADWT THIS PLAN W SUBDIASM WM MY (OUR) DAN F CONSENT AND DEDICATE ALL STREETS, ALLEYS. WAIM PARRS. CONSERVATION SPACE AND OTHER AREAS TO PUBLIC M PRIVATE UK AS NOTED. ALL ROADS AND DRAINAGE EASEMENTS ARE DECIGTED FOR PLELIC UTWTY PURPOSES FURMM I (WE) CERTIFY THE LAND AS MOWN HEREON IS LOCATED IN THE SUB- DIVISION X11=I04TION OF NEW HANOVER COUNTYo,CIf Nor Favmw'ty ona I F / Re! AR 1= Pg 99 NOTARY PUBLIC NORTH CAROLUNA A NOTARY PUBLIC OF THE AFORESM, (XA1NTY AND STATE, CERTIFY THAT . PERSONALLY APPEARED BEFORE — — —.— — — — — — — — — ME THIS DAY AND ACRNOW CEO THE DUE EXEWTION OF THE FOREGOING INSTRUMENT. MTNESS MY HMO AND SEAL THIS_ DAY ON . 1994. NOTARY BI91C CERTIFICATE OF REGISTRATION -DAY OF FlBLYE�THE gREEEGII@S�T�EORN OF DEEnDrSS .( .F0=Sif/NT 3�q -1,& DULY RECORDED IN MAP BOON £SL AT PAGER,29. NOTARY CERTIFICATION STATE OF NORTH CMOLINA FEW HANOVER COUNTY 1NE FOREGOING/ANNE>iD CERTIFICATE 6 Y'Ta Lin '/1 Y.[IA/.�i /1 NOTARY N(YAR[S) PUBLIC IS/ FLED TO BE COIRRECT. TI16 THE �SLDAY ON Alm - 1994. MARY SUE DOTS, REGViTEi OF DEEDS L 71nrAIE CW" APPROVAL BY ME AfiSsv 9m LKORLANLE ADY9✓/SIRAW.. I u�ua E C D l' M C xA BEACH YACWIT BASIN S TRACT A J%T9 4 FL aes Ac Area BY Co.,.% fe Method E__ VI l BnL1 _ �. I/Ilene Nor rc Fcrmsly I Nor m Fam y I W. K NEFKS J h F EA'1ERPPo= MG Ref D.6 1197, Pg 361 I R.fAa "a, P9. 15 I 6AJT I I — —I— — — — — — — — — — — — — — — U.S. Hwy. 421 (LAKE PARK BOULEVARD) 66' Right or Hoy (PUBLIC) L HERESY L g?t THAT RE' SUED/W9 PLAT SHOWN HEREa HAS KEY FCYLND M COLIPLY MIN WOH9aV5 n1E Tow OF CARIXTNA BUCK ALSO HYW RErICAn AND THAT nW5 YAP HAS BEEN APPROVED FOP RECa G M T OARCE OF THE NEW HANOI•ER LLl'N7Y rtid5 M � f 9am OA SRIRy aVv% ANCE ADIav51 lw CERTIFICATE DISCLAIMING WATER/ SEWER SUITABILITY NOTMITHSTANDING NEW HANOVER COUNTY APPROVAL OF TIOS PUT, HATS SHOWN M SALE PLAT MAY NOT A W HEALTH DEPARTMENT APPROVAL FM ON SITE SEWAGE DISPOSAL SYSTEMS. HER FOR INDIVIDUAL WATER SUPPLY SYSTEM& n9s PRa�Rn is zoNm a-� '- BC vlRY IN MA BCVL rMEN FRaY AN UAMEPAPDEn MM BY A1CM G SIaCMS DATED: JLNE la 19aJ n/l5 PRQ'ERTY L5 LOCATED N wE ION YEAR PLOW BDUNOARY N XWE A9 WIN A BASE ROOD ETEVAnDN OF' 11. BY COMMAVWIY PANEL NUMBER JTSH] 000l G YAP AYT2SE0: SEPT. •A Im niE POQPaSE O, m PUT 1s ID SUBLYYNE AN EN151/ND TRACT OF LAND W A OW0 OQ Y(AWdPAUTY THAT ms AN apDMANCE notr R Wp hE5 WACTf OFJAAV- ALLS L-JILT oZ 5 �A»fir$. V Aa / I I � 229 I I I I L--- LEGEND 0 (LTP) Existing /roe Pye • (MP) New 4on Pqx BAR SCALE." I"=30' ITOWN OF CAROLINA BEACH FEDERAL PUNT TOM✓SHIP NEW NANOVER COUNTY NCRW CMOUMA 1 of 1 PLAT FOR Town of Carolina Beach 1121 North Lake Park B11d Carolina Beach, North Carolina 28428 U � W U N " z � � V Z W W r b N lrl o Z 2 0 ,^ ZV � U