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HomeMy WebLinkAbout62-18 Discovery Diving Company IncPermit Class NEW Permit Number 62-18 STATE OF NORTH CAROLINA -- - -- Department of Environmental Quality and Coastal Resources Commission Permit 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 Discovery Diving Company, Inc., 414 Orange Street, Beaufort, NC 28516 Authorizing development in Carteret County at adjacent to Town Creek. at 414 Orange St.. in Beaufort , as requested in the permittee's application dated 3/20/18 (MP-1, MP-2) & 4/5/18 (MP-4), incl. aft. workplan drawings (4), SH 1,2 of 4 dated Rev 3/15/18, SH 3 of 4 dated Rev 3/16/18 & SH 4 of 4 dated Rev 2/5/18. This permit, issued on June 22, 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Expansion 1) This permit authorizes only the pier extension, finger piers, platforms, and tie pilings, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The pemrittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (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. J �� v 1/�- JAn Braxto . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Diving Company, Inc. ADDITIONAL CONDITIONS Permit No. 62-18 Page 2 of 5 This permit authorizes 16 additional formalized slips for a maximum of 53 formalized boat slips. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the "marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. The permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 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 pemut 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. The authorized structures and associated activity shall not cause an unacceptable interference with navigation, and shall not exceed the established Town of Beaufort pier head line. 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. The marina and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. Easement An Easement from the Department of Administration's State Property Office is required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands for a determination. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Excavation In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. No excavation shall take place outside of the area indicated on the workplan drawings. Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. Discovery Diving Company, Inc. ADDITIONAL CONDITIONS Permit No. 62-18 Page 3 of 5 14) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 15) No excavation shall take place within 10 feet of any Coastal Wetlands. Spoil Disposal 16) No spoil material shall be placed within 30 feet of the normal high water line. 17) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 18) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management, in consultation with the appropriate resource agencies such as USACE and Division of Water Resources, prior to the commencement of any dredging activities. 19) 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 notify the agency of the dredging plan and spoil location, and to determine if temporary shellfish or swimming advisories are required. Maintenance Clause 20) 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. Shoreline Stabilization — Rip Rap 21) The rip rap shall not extend waterward more than 12 feet from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 22) No vegetated wetlands shall be filled, even temporarily. 23) The alignment of the authorized rip rap shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. Diving Company, Inc. ADDITIONAL CONDITIONS Permit No. 62-18 Page 4 of 5 The rip rap shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. USACE Conditions 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. The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. The permittee, shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in ;I= proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403, or by email at SAW Web-Nav@usace.army.mil. General The permittee shall apply for and receive a special use permit from the Town of Beaufort before the initiation of construction activities, to include an as -built survey to confirm the structure has not violated the Town of Beaufort pierhead line. A copy of this as -built survey shall be supplied to the Town of Beaufort and the Division of Coastal Management. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. ►.: , In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any dredging or mobilization activities. zry Diving Company, Inc. ADDITIONAL CONDITIONS Permit No. 62-18 Page 5 of 5 This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-1992-02082), issued 6/14/18. The N.C. Division of Water Resources authorized the proposed project byway of General Water Quality Certification 4144 and assigned the project DWR Project No. 1992-02601V2. Future development of the permittee's property may require a modification of this permit. Contact,a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. An application processing fee,of $475 was received by DCM for this project. This fee also satisfied the Section 40,1 application processing fee requirements of the Division of Water Resources. A Coastal Management ENVIRONMENTAL QUALITY Discovery Diving Co. Inc. c/o Debora S. Boyce 414 Orange Street Beaufort, NC 28516 Dear Ms. Boyce: June 22, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS ofmcflor 0 O The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, pteas V. Hugg6ft' Major Permits Manager N.C. Division of Coastal Management State of North Carona I Environmental Quality I Coastal Management Morehead City Office 1 400 Camera Avenue I Morehead Oty, NC 28557 2528082808 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 Project Name (If applicable) Discovery Diving Company, Inc. Discovery Diving Marina Expansion Applicant 1: First Name MI Last Name Debora S. Boyce Applicant 2: First Name MI Last Name n/a n/a n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 414 Orange Street Beaufort NC ZIP Country Phone No. FAX No. 28516 USA 252-728-2265 ext. 252-728-2581 Street Address (if different from above) City State ZIP n/a n/a n/a n/a- Email dive@discoverydiving.com 2. AgentConftctor Information Business Name Coastal Planning Services, Inc. Agentt Contractor 1: First Name MI Last Name Kathy B. Vinson Agent/ Contractor 2: First Name MI Last Name n/a n/a We Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. 252 - 354 - 4916 ext. FAX No. Contractor # 252 247 5875 n/a Street Address (d different from above) City State ZIP n/a N/A Na n/a - Email kbvinson@ec.rr.com <Form continues on back> RECEIVED MAR, 2 2 2018 ')CM- MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form pCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 414 Orange Street n/a Subdivision Name City State Zip n/a Beaufort NC 28516 - Phone No. Lot No.(S) (if many, attach additional page with list) 252 - 728 - 2265 ext. n1a, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Town Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Newport River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Beaufort 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 240' 30,797 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Site consists of two parcels measuring 27,399 sf and 3,398 NWL (normal water level) sf, I 1 10, ®NHW or ❑NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Trees, landscape vegetation, coastal marsh. f. Man-made features and uses now on tract Existing marina and associated commercial building and parking area. g. Identify and describe the existing land uses adjacent to the proposed project site. Commercial to the west, residential and commercial to the east. h. How does local govemmem zone the tract? i. Is the proposed project consistent with the applicable zoning? B-W Business Waterfront (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes ®No ONA If yes, by whom? n/a I. Is the proposed project located in a National Registered Historic District or does it involve a Yes ONo EINA National Register listed or eligible property? <Fonn continues on next page> M. (n Are mere wetlands on (ii) Are there coastal wetlands on the site? ®Yes []No r (iii) If yes to either (1) or (it) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) O _n 1� � 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.nefr Form qCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. Central sewer (Town of Beaufort). o. Describe existing drinking water supply source. Central water (Town of Beaufort). p. Describe existing storm water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? OCommercial PubliMGovemment ❑Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will provide commercial docking space and water access for customers of Discovery Diving Marina. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One barge with platform and pile driving equipment will be used for dock installation. Dredging will be accomplished by a "bucket to barge" system, using a backhoe and dump truck. Barge will be stored in deep water in Town Creek, with the truck stored on high ground. d. List all development activities you propose. Marina expansion to include maintenance dredging, dock extension, construction of 16 additional slips and associated platforms, new finger piers and tie pilings, and placement of riprap to reinforce and cover existing bulkhead. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? maximum of 2500 sf for rock overlay of existing bulkhead ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area MYes No NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Stormwater sheet flow into Town Creek. I. Will wastewater or stomtwater be discharged into a wetland? 0Yes SNo NA If yes, will this discharged water be of the same salinity as the receiving water? [-]Yes []No ®NA j. Is there any mitigation proposed? LjTe—s-ffN-­o-rJiik If yes, attach a mitigation proposal. <Form continues on back> In addition to this completed application form, MP-1 the following p pp ( ) dams below, if applicable, must be submitted in order for M plic4W package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the epplicpjjon instruction booklet on how to property prepare the required items below. S is a. A project narrative. D. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present stsiMs of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawingsdistinWsh i between work completed and proposed. 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit c. A she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Town of Beaufort Phone No. 252-728-2141 Address 701 Front Street, Beaufort, NC 28516 Name Beaufort Partners, LLC Phone No. Address P.O. Box 14165, New Bern, NC 28561 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennihee, and issuing dates. CAMA 72-92 issued to Discovery Diving, Inc. on 12/3/92, renewed on 1119196, modified on 1/26198. CAMA 2-83 issued to Discovery Diving, Inc. on 1/17/83, modified on 2121/83. h. Signed consultant or agent authorization form, h applicable. i. Wetland delineation, it necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any peril 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 _March 20, 2018 Print Name _Kathy B. Vinson, agent 0 N Signature t' ) n _ i Please indicate application attachments pertaining to your proposed project. No ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts rn ❑DCM MP-3 Upland Development v 252.808-2806 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ®DCM MP-4 Structures Information RECEIVED MAR 2 2 2018 I)CM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www. nccoasta[management. net 0 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 ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Public/Government ❑Private/Community, MYes ❑No c. (i) Dock(s) and/or pier(s) (ii) Number one - extension of existina dock (iii) Length 82' (iv) Width 10' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes El No If yes: (ii) Number 2 new (iii) Length 10710' (iv) Width 1487 irregular: 28' on north. 15' on south (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 16 additional slips for a total of 53 slips. (if) Number of slips existing 37 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: 20' to 45' in. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 18 of 52 pilings to remain, plus 51 new Dilinas for a total of 69 pilings d. (i) Are Finger Piers included? ®Yes []No If yes: (ii) Number 16 new (iii) Length 30' (iv) Width 4' (v) Floating ❑Yes ®No f. (i) Are Boatlifts included? ❑Yes ®No If yes: (ii) Number n/a (iii) Length n/a (iv) Width n/a 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: 16 new slips for total of 53. ❑ 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). Mixed types. I. (i) Will the facility be open to the general public? ®Yes ❑No RECEIVED 2. DOCKING FACIUMMARINA OPERATIONS " - ❑This section not applicable DCM- MHD CITY 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaglement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 2 of 4) e 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 pumpouk Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. Pump -out, Town of Beaufort sewer c. Describe the disposal of solid waste, fish offal and trash. Trash cans/dumpster. d. How will overboard discharge of sewage from boats be controlled? Discovery Diving Marina prohibits overboard discharge of sewage. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Two existing signs are located midway of dock. Signs face in opposite directions. (ii) Give the location and number of "Pumpout Available" signs proposed. Two existing signs are located midway of dock. Signs face in opposite directions. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? n/a h. Give the number of channel markers and "No Wake" signs proposed. 16 signs located adiacent existing docks. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Marina allows overnight and live -aboard dockage. k. Describe design measures that promote boat basin flushing? Areas to be dredged will not be deeper than connecting waters. I. If this project is an expansion of an existing marina, what types of services are currently provided? Dockage, wet slips only. m. Is the mannaldocking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ISIRECEIVED CW 0 ❑SAV ®SB 0 ❑WL _ ❑None APR 0 6 2018 DGM MHDGlTV 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. n/a 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse strodure(s): ❑Commercial ❑Publio/Govemment ❑Private/Community (ii) Number (III) Length (iv) Width Note. Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. Ifa rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (h) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ® This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section riot applicable a. Is the stmcture(s): b. Number _ ❑Commercial ❑PubliclGovemment ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) 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 b. Proximity of structure(s) to adjacent docking facilities. 18' on west, 16' on east. 45' on west, 68' on east Note: For buoy or mooring piling, use am of swing including length ofvessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 1050, existino: -3.5' NLW, proposed: -6' NLW e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. n/a RECEIVED B OTHER ®This"ti licable 252-808-2808 :: 1.888.4RCOAST :: viww.nccoastalmanaeement.net DCM- MHD CITY revised: 12/27106 Form D,CM MP-4 (Structures, Page 4 of 4) i a. Give complete description: April 5, 2018 Discovery Diving Marina Expansion Project Name Discovery Diving Co., Inc./Debora Boyce plicant Name Q%_ ,d, 7%w„ii::n _ P plicant Signat RECEIVED APR 0 6 2018 DCM- MHD CITY 252.808-2808 :: 1-888.4RCOAST :: www.nccoastaimananement.net revised: 12/27/06 RECEIVED Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) MAk'2 2 2018 DCM- MHD CITY 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 n/a n/a 480' average n/a n/a n/a n/a Width n/a n/a 1MY average n/a rVa n/a n/a Avg. Existing n/a n/a 0'to-T NLW n/a NA NA n/a Depth Final Project n/a n/a -6, to -T NLW n/a NA NA n/a Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 4075 c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (if) Describe the purpose of the excavation in these areas: n/a ❑This section not applicable Mud and sandy material d. High -ground excavation in cubic yards. 0 Z DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. The location of the spoils disposal area is not known. A pre - approved site will be determined at a future date by the dredging contractor. No dredging will occur until the spoil disposal sight is approved by the Division of Coastal Management. c. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (if) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (if) Describe the purpose of disposal in these areas: n/a uimensrons or oisposai area. A disposal area measuring 200' x 200' x 3'10" with sloped sides is anticipated. d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑RA III) If yes, where? n/a I. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (if) If yes, how much water area is affected? Na 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26106 Form DCM MPr2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP4 — Structures) a. Type of shoreline stabilization: b. Length: 180' ❑Bulkhead ORiprap ❑Breakwater/Sill ❑Other. width: 12' c. Average distance waterward of NHW or NWL 10' d. Maximum distance waterward of NHW or NWL. 12' e. Type of stabilization material: Granite rock, NCDOT Class II riprap. g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 935 Breakwater/Sill_ Other_ i. Source of fill material. Washed granite rock will be brought onsite by contractor. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. nla h. Type Rock 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabdization) a. (i) Will fill material be brought to the site? OYes No NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area ('w) Purpose of fill a. How will excavated or fill material be kept on site and erosion b. controlled? Excavated material will be trucked offsite.The location of the spoil disposal site is not known at this time. The disposal site will be determined by the dredging contractor at a future date and submitted to the Division of Coastal Management for approval prior to dredging. c. (i) Will navigational aids be required as a result of the project? d. ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. n/a suDmerged aquatic vegetation (sAv), shell Bottom (se), 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 the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Bucket to barge system utilizing backhce, barge, and dump truck. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. his March 20, 2018 Project Name R G V C Date G Discovery Diving Marina Expansion Discovery Diving Company, Inc./Debora BVP* 2 2 2018 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net y1HD CITY revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) plicantt Name a44c�z 7/t�nd av� p plicak Signatu RECEIVED MAR 2 2 2018 DCm- Iu i - .' ;�-TY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimananement.net revised: 12/26106 DCM Coordinator: Permit #: — ..._.DISTRIBUTION Agents:_ C-dk .y VIASo.-r l�bVi�so�Cf� EG ff GOI"1 DCM Field Offices Elizabeth City 'Morehegd City Washington Wilmington US ACOE Offices: Washington: (with revised plan drawings) �' �rCtsl�a� S'i?rron Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) . Josh Peletier (Bettie, Currituck, Dare, Gates; Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort; Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder BCitylWashngton District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) /Lit Hair (Carteret, Onslow, Ponder) f Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Ponder) Cultural Resources: /Renee Gledhill -Earley Public Water Supply: /Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: /Shane Staples Curt Weychert NC DOT: /David Harris Shellfish Sanitation: Shannon Jenkins State Property: /Tim Walton DEMLRMWR: Karen Higgins Kristy'Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: /Robb Maus — 401(Carteret, Onslow, Ponder, New Hanover) Chad Coburn — 401(Brunswick) /Georgette Scott - Stormwater Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Ponder) Wildlife Resources: LPO: /14laria Dunn (WARD) / 0 karmrg 6M Jk-orc ✓ Fax Distribution: Permi ee #: A¢ent# �1 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Discovery Diving Company Inc. LOCATION OF PROJECT: 414 Orange St. Beaufort NC County: Carteret DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3/22/18 FIELD RECOMMENDATION: Attached: To Be Forwarded: Yes CONSISTENCY DETERMINATION: To Be Forwarded: FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 3/22/18 FEE REC'D: $ 475 (60/40) PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 5/12/18 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes ON: 4/8/18 APPLICATION ASSIGNED TO: Gregg Bodnar 7(Zo�B C) 75 DAY DEADLINE: 6/5/18 150 DAY DEADLINE: 8 9 MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management- Regional Representative qj 5/$ /� t Coastal Management - LUP Consistency Determination Division of Community Assistance 58 (g )C DEMLR-Land Quality Section Division of Water Resources401 DEMLR-Storm Water Management N State Property Office 54 trYti Division of Archives & History (Cultural Resources) DMF-Shellfish Sanitation ylZs/8 L ;( �iy /LotNNy.`T DWR-Public Water Supply �'� / Division of Highways Wildlife Resources Commission Local Permit Office Divisio kof Marine Fisheries- Fisheries Resource Spec. �.f{r IQ Corps of Engineers �11R 0w X- CAW G��,,,r•�jp Z- Dun- w n 604ax5 IN Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: GREGG BODNAR FROM: HEATHER STYRON THRU: ROY BROWNLOW ROY COOPER Gnvernnr MICHAEL S. REGAN Secrerm}, BRAXTON DAVIS Director April 5, 2018 SUBJECT: COMMENTS & RECOMMENDATIONS- CAMA MAJOR PERMIT- DISCOVERY DIVING COMPANY, LLC, 414 ORANGE ST., BEAUFORT, CARTERET COUNTY The following are my comments and recommendations regarding the proposal. The proposal is for maintenance excavation, marina reconfiguration and marina expansion (includes the addition of 16 new slips). There would be a total of 53 permanent slips after construction. A total of 51 new tie pilings and 16 finger piers would be located within the slip areas. A total of 22,400 cubic yards of material would be removed below'nhw to a final depth of-6' nlw to -7' nlw from an average depth of -0'nlw to -7' nlw depending on location. All work would landward of the Town of Beaufort pier head line. The width of the pier extension would be greater than six feet, however per 71-1.0208 (6) (A) could be permitted if the greater width is necessary for safety or to improve public use access. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of this area of Bogue Sound are open to shellfish harvest and are not considered Primary Nursery Areas. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following specific and general conditions: The total number of slips shall not exceed 53 (37 existing and 16 new). • The development shall not cause undue interference with navigation. • In order to provide safe use, the pier shall not be wider than 10'. • Excavation shall not exceed a final depth of -7' nlw • The development shall conform to plats dated received by DCM on 3/22/18. • The spoils shall be located at a preapproved location, a minimum of 30' from normal high water, shall not fill any wetland areas and shall be stabilized. The spoil site must be approved by DCM prior to dredging. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Discovery Diving 4/5/18 Page 2 of 2 • The riprap shall not exceed a maximum base width of 12' and shall be landward of the coastal wetlands along the southeast side of the property. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 _t r.a M Coastal Management ENVIRONMENTAL O ALITY eme __ J APR 2 'S 2818 L Shellfish Sanitation E �e eationai Water Quality Section April 19, 2018 MEMORANDUM: TO: Shannon Jenkins Shellfish Sanitation FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Discovery Diving Company Inc. Project Location: 414 Orange St. Beaufort NC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED APR 762U18 DCM-MHO CITY Proposed Project: Dredging, reconfiguration and expansion of an existing 37 slip marina Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 10, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. _�u "ac ^t cl co rn rn e4_r REPLY: This agency has no objection to the project as proposed. 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 V UVGZv���� DATE 4'a5�1 g fbe- 5h)mnw J?mKins State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 2528082808 ROY COOPER MICHAEL S. REGAN s..rremry STEPHEN W.MURPHEY Dimrfor April 25, 2018 MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management From: Valerie Wunderly, Environmental Health Regional Specialist Through: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Discovery Diving Company Inc. Project Location: 414 Orange St., Beaufort, NC Proposed Project: Dredging, reconfiguration and expansion of an existing 37 slip 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 section be notified 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 APR 7 6 2018 DCM-MHD CITY State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 .. Roy Cooper, Governor North Carolina Department of Administration State Property Office April 24, 2018 To: Gregg Bodnar Major Permits Processing Coordinator From: Joy Wayman Real Property A t Re: CAMA /DREDGE it Application Review Applicant — Discovery Diving Company, Inc 414 Orange Street, Beaufort, NC 53-slip marina (addition of 16-slips) Machelle Sanders Secretary Tim Walton Director Reply: The project will require a Submerged Land Easement for the marina provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. Please confirm that the proposed facilities are not located within the 1000' USACE AIWW easement area. RECEIVED APR 3 0 2018 DCM-MHD CITY State of North Carolina I State Property Office U6 West Jones Street, Suite 4055 1 1321 Mail Service Ctr. I Raleigh, NC 27699 9198074650 TI Web: http://w .ncspo.com i� Coastal Management ENVIRONMENTAL QUALITY April 19, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED APR 2 3 2018 DOH STATE PROPERTY OFFICE Tim Walton State Property Office Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director CAMA/DREDGE & FILL Permit Application Review Discovery Diving Company Inc. 414 Orange St. Beaufort NC Dredging, reconfiguration and expansion of an existing 37 slip marina Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 10, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. r J Mpj�Upl REPLY: SIGNED This agency has no objection to the project as proposed. 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. DATE RECEIVED State of North Carolina I Envlronmentai Quality I Coastal Management APR 3 0 2018 Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 285�„M�MHD 2528082808 C ^'9'r Coastal Management ENVIRONMENTAL QUALITY April 19, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Georgette Scott DEMLR/ Stormwater Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Discovery Diving Company Inc. 414 Orange St. Beaufort NC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED APR 2 0 2018 NCDEQ WILMINGTON RO Dredging, reconfiguration and expansion of an existing 37 slip marina Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 10, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: ��This agency has no objection to the project as proposed. 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 DATE 1-( ��C� RE EIVED MAY 082018 State of North Carolina I Environmental Quality l Coastal Management DCM—MHD CITY T Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 Ki. ra Coastal Management' CNVIRONME ALMAL" April 19, 2018 MEMORANDUM: TO: SUBJECT: Applicant: Project Locati6w: Posed 'Pro Project: . r, Pr ' ' , Received 04/26/2014 State HistoricTres&%tion Of'ric'e "c66REP koy `MICHAEL S. REGAN. serlindry. N,dL CiAVIS BRAXTO . DIrMw 'Due.-- 5/4/19 Renee Gledhill -Early ,NC Department of Cultural Resdufm Gregg Aodnar Major.Terinits Processing Coordinator ,CAM.A/DREDGE & FILL Permit_App�iicailoh Review' Dikovery Diving Cotnpany Inc. 414brange St. Beikiifort NC Ac. A- . 3(3#Q � _S49 Drqdging,;rcconfiju�r#ti6fi and expansion of an slip marina Vkage indicate, , 'below your agency's position orv''iewp6int on 'the proposed project and return this'forni by Apy. 10, 2018. If you have any questions regardingthcprop6sedL 1project, please contact Greggpddr_'ar, Permit officer I at (252) 80&.280.8. When appropriate, in-depth comments with supporting data is requested: REPLY: This agency has no objection to the'prqjcc(as proposed, Thm.agcncy 'co mment lifent 6nA' r sed r0i..- 119, oni he P opo P cct. This agency approvesof the "pro]oef. only if the:, reconunanded changes, are, 'incomprated. See -attached., This agency objects to.the project for reasons described in the attached con.undfits. SIGNED L-M — I&A- DATE , 5tatCOfNm1hCarCrhw i UWrontP AWQL=UtylCw todmanuje=nt :MWqhradCity OfffeC I 4'00Cm crcciwnur I Mo 6c401Y.NC 28557 2526082808 Coastal Management ENVIRONMENTAL QUALITY April 19, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Dan Sams Division of Energy, Mineral & Land Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Discovery Diving Company Inc. 414 Orange St. Beaufort NC Dredging, reconfiguration and expansion of an existing 37 slip marina Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 10, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 agpqcy obj s to the project for reasons described in the attached comments. SIGNED DATE `{ 127/71-210 REGE1110) p State of North Carollna I Environmental Quality l Coastal Management MA� O O `p1u Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 JD C1 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY April 19, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Heidi Cox Public Water Supply Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 1�@ig vi"isio ? ?0) W'Rb. t water 8 / obliolya eessoupp�s CAMA/DREDGE & FILL Permit Application Review Discovery Diving Company Inc. 414 Orange St. Beaufort NC Dredging, reconfiguration and expansion of an existing 37 slip marina Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 10, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. J I n.n ,' Al (6X This agency objects to the project for reasons described in the attached comments. SIGNED ^ DATE 5/ 1 I) E FtECEIvSD 40 � a Tp1% State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 M 252 8082808 DG�� Bodnar, Gre From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, May 08, 2018 3:45 PM To: Huggett, Doug; kathryn_matthews@fws.gov, Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Bowers, Todd; John; Owens, Jennifer L CIV USARMY CESAW (US); scott.d.mcaloon; Arnette, Justin R CIV USARMY CESAW (US); DCR - Environmental_Review; Eunice.A.James; Fritz Rohde - NOAA Federal; Mairs, Robb L; Styron, Heather M.; Bodnar, Gregg Cc: Charles, Thomas P CIV USARMY CESAW (US) Subject: [External] CAMA Major/GP 291/ SAW-1992-02082/Discovery Diving dock and dredge Attachments: SAW-1992-02082_ Discovery Diving dock and dredge_ePN-signed.pcif; DCM app and bioreport.pdf; Disc Diving 03162018 Revised.pdf, GoogleEarth_Placemark.kmz 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> All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by June 7, 2018. The applicant proposes to reconstruct and reconfigure an existing 37-slip docking facility, reinforce a failing bulkhead and conduct maintenance dredging within the basin at the Discovery Diving commercial facility, at 414 Orange Street, in waters adjacent to the Newport River and Town Creek, Beaufort, Carteret County, NC. Specifically, the project consists of expanding and reconfiguring the docking facility by lengthening the existing dock, adding 16 slips for a total of 53 boat slips, additional finger piers, platforms, and tie pilings. According to the applicant, the typical boat would be 20'- 45'with a mixed -use design. The marina policy would prohibit overboard discharge. There would be no fueling but would allow overnight or live aboard dockage. The "amenities" would be trash cans/dumpster and a pump- out (no location was given by the applicant). The dredge method is bucket to barge and would result in the removal of a maximum of 4,075 cubic yards of material from a 480-ft long X 180-ft wide area. Final proposed dredge depths are -6.0 to -7.0 NLW. A spoil disposal location was not identified in the application. The reinforcement of the existing bulkhead involves the placement of NC DOT Class II rip rap along a 180-ft long x 12-ft wide area water ward of the bulkhead. The Corps Federal Navigation Channel is located north of the project area. Based on the submitted plans, the dock expansion does not appear to encroach into the Corps Federal channel setback. Please see the attached application and bio report for reference, detailed project narrative and plans, and kmz file for project details. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH and associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts to shallow bottom habitat would be increased turbidity during construction and loss of habitat. The waters within the project area are NOT designated as PNA, are classified as SC and are closed to shell fishing. The bottom substrate is silty sand. According to the application, no SAVs or shellfish beds were observed within the project area. Water depths within the project area average -0 ft nlw to -7.0 ft nlw. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. The Corps initial determination on species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (ESA) within the project area, is may affect, not likely to adversely affect for the West Indian Manatee. Manatee Guidelines would be required as a condition of the permit. The proposed project would have No Effect on other ESA listed species. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions. Please provide comments as soon as you can or by June 7, 2018. Thankyou! 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 7, 2018 Regulatory Division Action ID No. SAW-1992-02082 Ms. Debra Boyce 414 Orange Street Beaufort, North Carolina 28516 Dear Ms. Boyce: A review of your application received by this office on April 24, 2018, for Department of the Army (DA) authorization to reconstruct and reconfigure an existing docking facility, reinforce a failing bulkhead, and conduct dredging within waters adjacent to Town Creek, located east of the old Grayden Paul bridge, at 414 Orange Street, in Beaufort, Carteret County, North Carolina indicates it to be a candidate for Federal authorization pursuant to the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the Federal permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the Rivers and Harbors Act, has been assigned Action ID No. SAW-1992-02082. -z- We will be coordinating your permit application with other Federal agencies. Please feel free to contact me at sarah.e.hair@usace.armv.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office e-Copy Furnished: Ms. Kathy Vinson -Coastal Planning Services, Inc. Bodnar, Gregg From: Kathy Vinson <kbvinson@ec.rr.com> Sent: Tuesday, May 08, 2018 4:14 PM To: Bodnar, Gregg Subject: [External] Discovery Diving Gregg, For this major permit application we are requesting finished dredging depths of -6' NLW, as shown on project plans. I have confirmed with the engineer that the dredging volume calculations are based on finished depths of -6' NLW. Please let me know if you need anything else. Thanks for all of your help. Kathy :Kathy B. "Vinson, AJCP Coasta(P(anning Services, Inc. P.O. Box 827 Noreheac(City, NC 28557 (252) 240-9297 mobile (252) 354-4916 office (252) 247-5875fax kbvinson@ec.rr.com coasta( (anningservices@gmaiLcom Kirm Coastal A4anagethent, ENVIRONMENTAL QUALITY April 19, 2018 MEMORANDUM: TO:, FROM: SUBJECT: App!icant: Project Location: Proposed'Project ROY COOPEk, Coye?nh? WCHAEL S. R EGAN Seeretar.y, BRAXTON C. DAVJ� Dirvaor Lee Padrick Division of Community Assistance Gregg Bodnar Major Permits Processing, Coordinator CAMA,/,DREDGE &TILL Permit Application Review Discovery Diving Company Inc., 414Orange.St. Beaufort NC ,D,rbdgkilg,.riB,configuirittion and. expansion of anexisting37 slip,marinat Please iadicatebdow your agency's position or viewpoint on the. proposed projectand return ,thisfi6rmby May lOilOi8.,Ifyou have any questions, regarding the proposed, project, please contact Gregg Bodnar, Permit officer at (152) 808-2808. When appropriate, in-depth conuteiitswithsuppofti4gdata-isrequested. REPLY;This agency bas no objectiont6 the project as proposed. _✓s agency has nocomment 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 f l DATE gw State.of North Carolina, I 'Environmental Quality I CoasW Management Moriahead city'6ffice 1,400.Commerce Avenue I Morehead City, NC 28557 .252:8082808: RECEIVED ROY COOPER MAY 1 1 2018 MICHAEL& BEGAN Secrefarp BRAXTON C. DAV15 (�oastaIA46nageinent MP SECTION MHD Director EkWt6kmENTA'qUALPY L ,April:l%,20l,8 MFMORANDUM- Aply�2018 TO: Maria Durm C Wildlife Resources Commis�i -Non FROM: Gregg Bodnar major Permits Processing Coordinator SUBJECT: QAMA/DRE.WE & FILL PeiTnit.Application Review Applicant: Discovery Diving Company Inc., Project Location: 414 Orange St_Bealufo rt NC Proposed Project: Dredging, reonfiguration and, expansion, of an existing 37 sli p marina Please indicate below your :agendy's,positgrror viewpointou theproposed projedtaAd riAuin'this1ormby May 1% 2018. If y.ou1ave,any questions . regarding the proposed project, please contact Gregg Bodnar, .Peftnit officer at (252") 8-2808. When ap supporting data is requested. 89 propriate,,in-depth comments with supp6 REPLY; This, ag6qcv has no objection to the project a! This agency has no comment on the pr6pdsedprojecl. V / This agency approves of the project onlyl if the, -recommended 'changes are incorporated. See,attached. This agency obj cqts to thepKqject in the attached comments. SIGNED DATE 12 - 8- 2:z?v3 I StatcoMorthCarollinal E ..... ............ Quality I Coastal Management Morehead city Office I 400Commerc eAvchue 1MorcfiieadCtly.NC'28557 252 610.828018 ® North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director MEMORANDUM RECEIVED TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental) Quality M AY 1 1 2018 FROM: Maria T. Dunn, Coastal Coordinator MP SECTION M H D Habitat Conservation Division DATE: May 8, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for Discovery Diving Company, Inc., Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located adjacent Town Creek at 414 Grange Street off Highway 70 in Beaufort, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.). The applicant proposes to reconfigure and expand the existing 37-slip marina known as Discovery Diving to create a 53-slip marina. Maintenance excavation would occur within the existing marina area and within the expanded area; 180' by 480' to a final water depth of -6' NLW to -T NWL. Material would be removed to an approved offsite area. The shoreline is proposed to be stabilized with riprap placement an average 10' and maximum 12' waterward the existing bulkhead for a length of 180'. No shellfish or submerged aquatic vegetation were observed in the project area. Town Creek is classified SC by the Environmental Management Commission. The NCWRC has reviewed the permit application and does not object to the marina expansion, shoreline stabilization, and maintenance excavation. We support the April 1 — September 30 moratorium requested by the NC Division of Coastal Management Fisheries Resource Specialist We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnid: ncwildl ife. or e Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 r � Coastattifanagement ENVIRONMENTAL aaALtrT April 19, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER aovomor MICHAEL S. REGAN Secretary BRAXTON C..DAVIS V.Immr RECEIVED APR, 2 61010 0CM•FIShoriee wARO Shane Staples Div. of Marine Fisheries Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Discovery Diving Company Inc. 414 Orange St. Beaufort NC Dredging, reconfiguration and expansion of an existing 37 slip marina Please indicate below your agency's position ,or viewpoint on the proposed project and return this form by May 10, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 DATE S�y Ad, State of NorthCaroltna I Environmental Quality I Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead'Qty,NC 28557 2528082808 . ROT f3t3;t7PER r%vezatar lidYt31ML S. REGAN M UoastaPManagement BRAXTtNaf 0' ]DAVIS MKONMeNTALAIJALI7Y DOW MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Discovery Diving Company, Inc DATE: 5/10/18 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. Discovery Diving Company, Inc. proposes the reconfiguration of an existing 37 slip marina, anexpansion of the marine' with 16 additional slips, dredging to maintain depths in the current marina footprint as well as new dredging in the area of the marina expansion, and rip -rap shoreline stabilization. Along the bulkhead wall and along the edge of a portion of marsh 180' of rip -rap will be placed to help stabilize the existing bulkhead and the shoreline adjacent to the bulkhead; the base width is to be an average of 10' with a maximum width of 12'. The existing marina reconfiguration will consist of 30' piers and new mooring. pilings to service the existing slips. The marina expansion will extend waterward of the existing pierhead 82' matching the current pier width of 10'. This extension will terminate in a 148'x10' t-head with 5 30' fingers piers extending waterward of the t-head. The total expansion will add 16 slips and extend a total of 145' further into the waterbody from the existing marina. Maintenance excavation of the existing marina footprint and the expansion is request to a.proposed final depth of -7' NLW. The total dredge footprint will be 180' x 480' (86,400sf) and result in a maximum of 4,075 cubic yards of spoil material mostly consisting soft mud, silt, and sand. The applicant as proposed using bucket to barge methods for dredging and does not as a disposal site for spoil approved as of the application submission. The project area is not classified as a PNA although the Town Creek in this area supports an abundance of fisheries resources including shellfish. The shellfish resources are located adjacent to the proposed project area and not with the proposed expansion and new dredge area. Also, the sediments in the area are largely fines and easily suspending and likely to remain in suspension for some time creating high levels of turbidity when work should occur. In order to reduce the potential for these conditions to negatively impact fisheries resources an in -water work moratorium is requested for the proposed dredging. This moratorium will be from April 1 to September 30 which is the time of year when juvenile fish and shellfish are present in highest abundance. When looking for an approved disposal site the applicant should not that the spoils are from waters closed to the taking of shellfish and any spoil site should not be in or directly adjacent to waters that are open to the taking of shellfish. Contact Shane Staples at (252) 948-3950 or shane.st llesAncdenr.gov with further questions or concerns. State of North:Caroiina I: QtMrenmentalQualhy I Coastal Management Washingtoh Oftt 1943 Washington Square Mall: I. Washington, North Carolina 27889 252946,6481 K-2 Coastal Management ENVIRONMENTAL QUALITY April 19, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Rachel Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED MAY 1 1 2018 MP SECTION MHD CAMA/DREDGE & FILL Permit Application Review Discovery Diving Company Inc. 414 Orange St. Beaufort NC Dredging, reconfiguration and expansion of an existing 37 slip marina Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 10, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has comment on the proposed project. �G scG�Mtit6A T-r This agency approves of the project only if the recommended changes are incorporated. See attached. T it oc to the project for reasons described in the attached comments. SIGNED ZDATE 51 I O I "/ L�� State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY Aiworer"\i911J101 TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner ,/i f Division of Coastal Managemnt I�.�.eL�a iV"A` SUBJECT: Major Permit Request by Discovery Diving Company Inc. DATE: May 10, 2018 ROY COOPER Governor MICHAEL S. REGAN Scrremry BRAXTON C. DAVIS Direrwr RECEIVED MAY 1 1 2018 MP SECTION MHD Consistency Determination: The request is consistent with/not in conflict with the Town of Beaufort Core Land Use Plan certified by the CRC on January 26, 2007 and amended by the CRC on July 11, 2017 and March 5, 2018 provided that the use is consistent with established zoning as outlined in 4.2.2 Land Use Compatibility, Polity 7 of the Town of Beaufort's Land Use Plan. Overview: The project site is located at 414 Orange Street, Beaufort, Carteret county, North Carolina. The applicant is requesting to maintenance dredge, reconfigure the existing docking facility, add riprap to help stabilize the existing bulkhead, and to add 16 additional slips to an existing 37 slip marina (total of 53 slips). Current site improvements consist of a 37-slip marina, bulkhead, parking lot and commercial building. Areas of Environmental Concern (AECs) involved include Estuarine Waters (EW) and Public Trust Area (PTA). The project site has a 45' x 44' fringe of coastal marsh Spartina alterniflora (Smooth Coordgrass) along the east side of the property; the bottom composition is mostly silty sand. Town Creek surface water classifications are SC, and is approximately 1,100' ft. wide. There is a pier head line and a federally maintained channel 200' from the existing docking facility. The site is not designated as a Primary Nursery Area and is closed to the taking of shellfish. There are no shellfish resources or SAV within the project area. A review of archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: the proposed structures would shade 4,150 ft2 of shallow estuarine bottom, and incorporate 27,888 ft2 of open water; excavation would disturb a maximum of 86,400 ft2 of shallow bottom habitat and remove 4,075 cubic yards or less of silty sand material; and the riprap would fill 2,160 ft2 of shallow bottom habitat. The new pier configurations would be located along, but not encroach over the established pier head line. !"Nothing Compares,, State of North Camhu I Fnvirow =I QWity I Cmtal Maaagement 400 Commerce Avon® I Morehead City, NC 28557 252-808-2908 1252-247-3330 (fax) North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 Basis for Determination: The project site is located in the Town of Beaufort subject to the 2006 Town of Beaufort Core Land Use Plan. The Future Land Use Map (FLUM) designates the site as Mixed Use (Land) and Conservation/Open Space (Water) The project appears to be consistent with the Future Land Use designations. The following LUP policies may be applicable to this request: 4.2.2 Land Use Compatibility Policy 7: "Only commercial and industrial uses that are water dependent and which cannot function elsewhere or are supportive of commercial fishing will be allowed in conservation -classified areas. Examples of such uses would include but not necessarily be limited to commercial fishing and fish processing, marinas consistent with the policies of this plan, boat repair and construction facilities, any business dependent upon natural salt water as a resource, and restaurants that do not extend into or over estuarine waters and/or public trust waters. All uses must be consistent with established zoning." 4.2.6 Areas of Environmental Concern Policy 1: 'The Town of Beaufort supports state and federal law regarding land use and development in AECs". Policy 2: Beaufort will only permit uses in coastal wetlands which are authorized by 15A NCAC 7H. Policy 3: "Beaufort supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207". Policy 4: 'Beaufort will allow the construction of open water and upland marinas within its planning jurisdiction which satisfy the use standards for marinas as specified in 15A NCAC 7H" Policy 6: "Construction of boat ramps, piers, and bulkheads within conservation -designated areas will be allowed if 15A NCAC 7H use standards and local ordinances are met." RECEIVED M AY 1 1 2018 MP SECTION MHD -''Nothing Compares - .. Score of North Caroem I Envi[onmemal Qmfity I Co l Mamgemem 400 Commence Avenue I Morehead City, NC 28557 252-808-28081252-247-3330 (fax) Bodnar, Gregg From: Kyle Garner <K.Garner@beaufortnc.org> Sent: Wednesday, May 16, 2018 2:47 PM To: Bodnar, Gregg Subject: [External] RE: Discovery Diving CAMA application Attachments: 20180516145819320.pdf Gregg, Attached is the letter from Kathy Vinson acknowledging that prior to construction her client (Discovery Diving Marina Expansion) will be required to apply for a Special Use Permit/Site Plan which will include a parking layout for the slips. I hope this information is helpful. Kyle From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, May 16, 2018 1:07 PM To: Kyle Garner <K.Garner@beaufortnc.org> Subject: Discovery Diving LAMA application Afternoon Kyle, I know Kathy Vinson has been in discussion with you concerning the proposed development application. I wanted to touch base with you and see if you have any comments or needs from me. Please give me a call if I can assist with anything. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greaa.BodnarOncdenr.aov 400 Commerce Ave Morehead City, NC 28557 f' -^''Nothing Compares -- COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City, NC 28557 kbvinson@ec.rr.co March 21, 2018 Mr. Kyle Garner, AICP Planning and Inspections Director Town of Beaufort 701 Front Street Beaufort, NC 28516 Re: Discovery Diving Marina Expansion Major CAMA Permit Application Dear Kyle: Office 252.354.4916 Fax 252.247.5875 Mobile 252.240.9297 RECEIVED MAY 1 7 201E LlP SECTION MHD I appreciated the opportunity this morning to discuss the proposed Discovery Diving Marina Expansion Project. Thank you for again reviewing your comments that were generated by the notification previously sent to the Town. The Town of Beaufort (Pine Street) is an adjacent riparian property owner to the marina. We were therefore required as part of the major CAMA application process to provide the Town with a certified mail notification (plans and application documents) of the proposed project. Concurrent with the notification to the Town, on February 7, 2018 we also notified Beaufort Partners, LLC (adjacent riparian property owner to the west) and submitted the application, project plans, and permit application fee to the Division of Coastal Management (DCM). On behalf of the owner, please see our responses below to your review comments received on February 12, 2018. We understand that Discovery Diving Marina is an existing non -conforming use because of a change in the zoning ordinance in November 2013 that made this type of use a Special Use. If required by the Town the owner will apply for a Special Use Permit prior to construction in order to be totally compliant with local requirements. As part of the Special Use Permit application, existing and proposed parking plans will be provided to verify that current zoning standards are met. The project will add 16 new boat slips to the marina, for a total of 53 slips. We understand that 18 parking spaces will be required if all proposed slips are built. We have updated the permit application to state that the marina is in the National Registered Historic District. The State Historic Preservation Office (SHPO) is a major CAMA review agency and routinely reviews all major CAMA applications. We appreciate your bringing the historic district status of the property to our attention as additional comments may be forthcoming from SHPO. • We understand that once the project is permitted and built the owner will be required to provide an as -built survey showing that the proposed additional slips do not extend over the Town's approved Pier Head Line. DCM has reviewed the application and project plans that were submitted in February. Staff requested some minor changes and clarifications to the proposal, which we anticipate submitting this week. If the changes are acceptable, it is our understanding that DCM will then circulate the proposal to the Town of Beaufort and other state and federal review agencies. Thanks again for your assistance and guidance. Please let me know if you have questions or need additional information. We look forward to working with you on this project. Sincerely, Kathy B. Vinson, AICP cc: Debora Boyce Heather Styron, DCM RECEIVED MAY 1 7 201E MAP SECTION M9HD 2 Bodnar, Gregg From: Mairs, Robb L Sent: Thursday, May 17, 2018 9:50 AM To: Bodnar, Gregg Cc: Coburn, Chad Subject: RE: CAMA Projects Attachments: GC4144.pdf Hey Gregg, I have copied Chad as well since he's handling the 401 Cert. for New Hanover and Brunswick Co. projects. Discovery Diving, Inc. application (19920260v2) states that "the spoils disposal area is not known, and a site will be determined at a future date by contractor. No dredging will occur until the spoil disposal site is approved by DCM". If we can include language in the condition that includes: The disposal area shall inspected and approved by the DCM, in consultation with the appropriate resource agencies such as USACE and DWR. Liz is also aware of this and may have additional comments pertaining to this portion of the application. We'll be issuing this through our GC 4144. 1 did not see the application fee, but based on the proposed work this requires a fee for the 401 Cert. Town of Swansboro (Ward Shore Park) will be 20180568 through our GC 4144, and Hammocks Beach State Park will be 20180567 through our GC 4144 as well. Thanks, Robb Mains Environmental Senior Specialist Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairs4ncdenr.aov httys:Hdeci.nc.gov/a bout/divisions/water-reso urces/wate r-resources-perm its/wastewater-bra nch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension 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. From: Bodnar, Gregg Sent: Tuesday, May 15, 2018 9:13 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: CAMA Projects 9ocuftn)-Envelope ID: E2A3052D-08C848DC-BB2E-89D818DC4FA1 ROY COOPER g. Governor MICHAEL S. REGAN Secretary Water Resources LINDA CULPEPPER Environmental Quality Interim Director May 21, 2018 Carteret County DWR Project: 19920260v2 Discovery Diving Company, Inc. Arm.: Debora Boyce 414 Orange Street Beaufort, NC 28516 Subject Property: Discovery Diving Marina expansion -Beaufort Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Boyce, You have our approval, in accordance with the attached conditions and those listed below to perform maintenance excavation, shoreline stabilization and expansion of an existing private open water within Town Creek as described within your application received by the Division on April 23, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC 4144). 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: hn://i)ortal.ncdenr.org/web/wg/swg/Ws/401/certsandL)ermits. 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: 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 new owner must be given a copy of this approval letter and General Certification and is responsible for complying -5/'Nothing Compares �_ State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910-796.7215 OocuSign'Envelope ID: E2A3052D-06C8-46DC-BB2E-89D816DC4FA1 Discovery Diving Company, Inc.- Carteret County DWR Permit # 19920260v2 May 21, 2018 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 021-1.0502 (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. 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 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. 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. [15A 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. [15A NCAC 02H .0507(d)] -Docuftn�Envelope ID: E2A3052D-06C846DC-BB2E-89D816DC4FA1 Discovery Diving Company, Inc: Carteret County DWR Permit # 19920260v2 May 21, 2018 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 taool 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: hqp://portal.ncdenr.ore/web/wci/swp/ws/401 /certsandl)ermits/apply/forms). 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). DoduSlgn)=nvelope ID: E2A3052D-06C6-06DC-BB2E-890816DC4FA1 Discovery Diving Company, Inc: Carteret County DWR Permit # 199202600 May 21, 2018 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: Bill Lane, General Counsel Department of Environment and Natural Resources 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 or Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb.Mairs(i4ncdenr.gov. Sincerely, Dmuftned Cby: E3ABAi4AC]DC434... Morella Sanchez -King, Acting Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4144 cc: Kathy Vinson — Coastal Planning Service- EC Liz Hair - USACE Wilmington Regulatory Field Office -EC Gregg Bodnar— DCM Morehead City -EC DWR 401 & Buffer Permitting Branch file- LF WiRO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 14, 2018 Regulatory Division Action ID No. SAW-1992-02082/Discovery Diving 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 Discovery Diving Company, Inc. to reconstruct and reconfigure an existing 37-slip docking facility, reinforce a failing bulkhead and conduct maintenance dredging within the basin at the Discovery Diving commercial facility, at 414 Orange Street, in waters adjacent to the Newport River and Town Creek, Beaufort, Carteret County, NC. Specifically, the project consists of expanding and reconfiguring the docking facility by lengthening the existing dock, adding 16 slips for a total of 53 boat slips, additional finger piers, platforms, and tie pilings. According to the applicant, the typical boat would be 20'- 45' with a mixed -use design. The marina policy would prohibit overboard discharge. There would be no fueling but would allow overnight or live aboard dockage. The "amenities" would be trash cans/dumpster and a pump -out (no location was given by the applicant). The dredge method is bucket to barge and would result in the removal of a maximum of 4,075 cubic yards of material from a 480-ft long X 180-ft wide area. Final proposed dredge depths are -6.0 to -7.0 NLW. A spoil disposal location was not identified in the application. 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: 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 hq://wwwfwsgov/nc-es/mammal/manatee Quidelines.pdf. RECEIVED JUN 1 5 2018 MP SECTION MHD -2- 2. The permittee, in accordance with Programmatic General Permit 291, Regional General Condition 0) will obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of- way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403, email: SAWWeb-Nav@usace.arrny.mil. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. RECEIVED JUN 1 5 2018 MP SECTION MHD -3- 10. 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. 11. 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. 12. 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. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15; The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. DECEIVE® JUN 1 5 2018 IM 17. 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. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copies Furnished: NCDEQ-DWR: Ms. Karen Higgins USFWS: Mr. Pete Benjamin NMFS: Dr. Pace Wilber NMFS: Mr. Fritz Rohde USEPA: Mr. Todd Allen Bowers NCDEQ-DWR: Mr. Robb Mairs NCDEQ-DCM: Mr. Gregg Bodnar NCDEQ-DCM: Ms. Heather Styron USACE-Navigation Branch: Mr. Justin Arnette RECEIVE® JUN 1 5 2018 MP SECTION MH® eoa�tq i 46agerrtenr NYIMMENTgl gUALTY June 1, 2018 Coastal Planning Services Inc. Kathy Vinson PO Box 827 Morehead City, NC 28557 Dear Ms. Vinson, ROY COOPER GOVOMOr MICHAEL S. REGAN Sertrrprp BRAXTON C. DAVIS. DkWWP This letter is in'reference to the application submitted for Discovery Diving, for a Coastal Area Management Act Major Permit to undertake development activities to expand an existing marina, shoreline stabilization and dredging, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 19, 2018 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City State ofNorthCambm I Envim merbIQuaEtylCoas'tdMamgement M6mM1ead City Office) 400 ComoerwAvenue 1 Morebead0ty;NC 285ST 262;8082808, w Discovery Diving Marina Expansion Project Discovery Diving Company, Inc. Debora Boyce Beaufort, NC Carteret County Introduction Owner Debora Boyce proposes to expand Discovery Diving Marina by extending the existing pier and constructing 16 additional boat slips with associated platforms, finger piers, and tie pilings. The project includes maintenance dredging of the boat basin and placement of riprap to reinforce and cover an existing bulkhead. The proposed increase in pier length will extend the waterward end of the pier to the Town of Beaufort's official pier head line for the south shore of Town Creek. Discovery Diving Marina provides wet slip dockage, with diving charters and a diving school also operating at the site. Debora Boyce is the owner and operator of Discovery Diving Company, Inc. Site Description Discovery Diving Marina is an existing 37-slip commercial marina located along the southern shoreline of Town Creek at 414 Orange Street, Beaufort, North Carolina. The project site consists of two parcels totaling 30,797 square feet, with 240' of shoreline. The highground portion of the property contains a two-story office building and parking area. Vegetation on the tract includes trees, landscape vegetation, and coastal marsh. The site topography is relatively flat, with an approximate elevation of +10' above NHW/MHW. Existing low water depths range from -0.00' NLW/MLW to greater than -7.00' NLW/MLW, as shown on Sheet 3 of the project plans. Low water depths were provided by surveyor Tim Newcomb and confirmed at a normal low tide on April 13, 2016 at approximately 9:15 AM by David Newsom, PE. Additional low water depths needed for the dredging portion of the project were obtained and added to the topographical map at that time. The waters of Town Creek adjacent the project site are classified as SC by the Environmental Management Commission. The waters are closed to the harvesting of shellfish. Discovery Diving Marina Expansion Project Discovery Diving Company, Inc. / Debora Boyce ����V�® Major CAMA Permit Application April S, 2018 APR D 6 2018 Page 1 DCM- MHD CITY An existing failing wooden bulkhead measuring 240 linear feet located along the shoreline is in need of repair. Platforms are connected to the bulkhead on either side of the main dock. The existing 10' wide dock extends 220', turns at right angles for 25', then turns left and extends another 99' into Town Creek. A total of 32 existing boat slips are located along the main dock, with five additional slips located along an existing platform at the shoreline. Sheet 1 of the project plans shows the existing marina and project site. The Town of Beaufort zones the project site as B-W Business Waterfront. As a result of changes to the Town's zoning ordinance in November 2013, a Special Use Permit may be required to build the project. As part of the Special Use review process an existing and proposed parking plan and other required information will be provided to the Town. While the property is not located within a designated Town of Beaufort Historic District the marina site is within the National Registered Historic District. The site is served by municipal water and sewer systems. Commercial uses are located to the west of the site, with a mix of commercial and residential to the east. The adjacent riparian property owner to the west is Beaufort Partners, LLC. The Town of Beaufort (Pine Street) is the adjacent riparian property owner to the east. The riparian corridor for the project site was previously determined with assistance from Division of Coastal Management DCM) staff. It is based on an April 24, 1992 survey by Powell Surveying Company and guidance from DCM attached to amended Major Permit #72-92 that reflected a May 18, 1995 settlement agreement. Town Creek is approximately 1050' wide at the project site. A federal channel is located in Town Creek north of the marina. The Town of Beaufort has established an official pier head line along the south shore of Town Creek that allows for pier construction beyond the previously established pier head line. Discovery Diving Marina Expansion Project Discovery Diving Company, Inc. / Debora Boyce Major CAMA Permit Application April 5, 2018 6 2519 Page 2 APR 0 ®Cm^ mHp CITY Project Description The owner proposes to extend the existing 10' wide main dock an additional 82'. The new T- platform, finger piers, and tie pilings to be located at the end of the dock extension will extend an additional 63' for a total docking facility extension of 145', measured to the outermost proposed tie piling. The new pier section will be 10' wide, consistent with the width of the existing pier. The 10' width is needed to safely maneuver carts used to load and unload diving gear onto boats docked at the marina, as well as accommodate other simultaneous boating uses at the site. The docking facility extension will include 16 new boat slips (slips 19-34 as shown on Sheet 2 of project plans) to accommodate a total of 53 boats at the marina (37 existing plus 16 new boat slips). The slip layout along the existing dock will be slightly reconfigured. Existing slips 1-11 on the west side, as shown on Sheet 1 of project plans, will be reconfigured to accommodate 13 slips (slips 1-13 on Sheet 2). New finger piers, platforms, and tie pilings are included. Ten existing slips (23-32) on the east side will be reconfigured to accommodate 8 slips (41-48 as shown on Sheet 2). The dock extension will result in the outermost component (tie piling) being located at the Town of Beaufort Harbor Line and 87.2' from the Federal Harbor Line. The marina expansion will result in the marina extending a total of 462' over open water, measured from NHW. Two new platforms are proposed. A T-platform at the waterward end of the dock extension will measure 10' x 148'. A smaller platform measuring 10' in length with an irregular width of 15' to 28' is proposed adjacent the existing section of dock. A total of sixteen (16) new finger piers are proposed. Five (5) of the new finger piers will be located along the proposed T-platform of the dock extension. Nine (9) new finger piers will be located along the existing dock and two (2) new finger piers will be located on the proposed dock extension. Each new finger pier will measure 4' x 30'. The marina currently contains 52 tie pilings. Eighteen (18) of the existing pilings will remain, with 51 additional proposed pilings resulting in a total of 69 pilings. Discovery Diving Marina Expansion Project Discovery Diving Company, Inc. / Debora Boyce Major CAMA Permit Application April 5, 2018 RECEIVED Page APR p 6 2018 ®CM- MH® CITY All components of the dock expansion will be located 18' from the western riparian corridor boundary and 16' from the riparian corridor to the east. The marina will be located a minimum of 45' from the Beaufort Partners, LLC marina located immediately to the west of the project. The expanded dock will be located a minimum of 68' from the adjacent docking facility to the east owned by Barney and Martha McLaughlin (identified on project plans as Lo'R Deck South at Town Creek). Existing water depths at the waterward end of the expanded structure measure -3.5' NLW. Proposed water depths at the waterward end will measure -6" NLW. As previously stated, the proposed dock extension will be 87.2' from the Federal Harbor Line. The location of the proposed dock expansion in proximity to riparian corridors and adjacent docking facilities is shown on Sheet 2 of the project plans. Existing shaded impacts at the project site total 5,574 square feet. Proposed shaded impacts from the project will total 9,865 square feet. The owner proposes to perform maintenance dredging as shown on Sheet 3 of project plans to achieve a depth of -6' NLW/MLW. The boat basin will measure an average length of 480' and average width of 180'. A total of 4,075 cubic yards of mud and sandy material will be excavated. The area proposed for dredging measures 73,380 square feet. The location of the spoil disposal site is not known at this time. The disposal site will be determined by the dredging contractor at a future date and submitted to the Division of Coastal Management for approval prior to beginning dredging. To promote flushing, the basin will be dredged to the depth of connecting waters (-6' NLW/MLW). Flushing of the boat basin is further promoted by its open water location. Dredging will not occur within 9.8' of an area of coastal marsh adjacent the shoreline along the east side of the property. No highground areas are proposed for excavation. The existing bulkhead is deteriorating, often breached by high tides, and in need of reinforcement. To extend its life expectancy the project includes extra shoreline stabilization measures. The existing bulkhead will be bolstered by placement of riprap along and covering approximately 180' of the structure. Rock will be placed an average distance of 10' waterward of the bulkhead, with a maximum distance of 12'. Approximately 935 square feet of rock will be Discovery Diving Marina Expansion Project Discovery Diving Company, Inc. / Debora Boyce Major CAMA Permit Application April 5, 2018 RECEIVED APR 06 2018 Page DCM- MHD CITY placed below NHW/MHW. Approximately 1,970 square feet of rock will be placed above NHW/MHW. The riprap slope will be 3H: 1V and no steeper. Granite rock, NCDOT Class II riprap is recommended. Construction Methods Dock construction will employ conventional marine construction techniques. In areas with adequate water depths marine construction will use barge mounted equipment with either pile driving or agitation capability. In other areas construction will occur from the landward side. Riprap placement will occur from land by use of long -arm excavator equipment. Excavation will utilize a barge mounted excavator. Dredged material will be offloaded into dump trucks and trucked offsite. Spoils will be disposed at a site to be selected by the dredging contractor and approved by the Division of Coastal Management prior to beginning dredging. Discovery Diving Marina Expansion Project Discovery Diving Company, Inc. / Debora Boyce Major CAMA Permit Application April 5, 2018 APR 06 2018 Page 5 ®CM- MHD CITY A -• DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Discovery Diving 2. LOCATION OF PROJECT SITE: Adjacent to Town Creek at 414 Orange St. off Highway 70, Beaufort, Carteret County Photo Index - 2006: grids 41-8034(J-17&18), (K-17&18) Longitude:76°39'48.21 Latitude:34°43'21.59 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/29/2018 Was Applicant Present — No S. PROCESSING PROCEDURE: Application Received Complete— 3/22/2018 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Beaufort dated 1/26/2007 Land Classification from LUP — Business Waterfront/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Municipal sewer Planned — none (F) Type of Structures: Existing — existing 37-slip marina, bulkhead, commercial building and parking lot Planned — Expand manna by 16 slips with docks/piers, finger piers and mooring pilings, maintenance excavation and reinforce deteriorated bulkhead with riprap (G) Estimated Annual Rate of Erosion: N/A Source —N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water (new development) N/A N/A 4,150 ft2 Shaded 27,888 ftZ Inc. (B) Shallow Bottom 86,400 ft2 2,160 ft2 N/A Riprap (D) Total Area Disturbed: 116,448 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The proposed project includes the dredging, reconfiguration and expansion of an existing 37-slip marina known as Discovery Diving. Field Investigation Report: Discovery Diving Page 02 9. Narrative Description The Discovery Diving commercial project is located immediately east of the old Grayden Paul bridge at 414 Orange Street in Beaufort, Carteret County and is adjacent to Town Creek and the USACE Federal Harbor. The high ground property is .707 acres (30,797 sf) in its entirety, is an average of 10' above NHW and has 240' of shoreline. The property contains an existing 37-slip marina, bulkhead, parking lot and commercial building. There a 45' x 55' fringe of coastal marsh along the east side of the property. It consists of Suartina alterniflora (Smooth Cordgrass). There are commercial properties to the west and residential and commercial properties to the east of the project area. The Town of Beaufort's Land Use Plan classifies this property as Business Waterfront with all AECs classified Conservation and rezoned this area in 2013. Per an email correspondence with the applicant and the town planner, a special use permit may be required. Town Creek is not designated as a Primary Nursery Area and is closed to the taking of shellfish. Town Creek within this area carries a water classification of SC and is approximately 1,100' wide. Water depths within this area range from -0' nlw to -7' nlw. Riparian corridors were previously determined by DCM from issued major permits ( #103-09, Beaufort Partners and # 157-09 Turner Westward, LLC) for adjacent marinas to the east and west of the project area. They are set to parallel the existing alignment of the "Discovery Diving" dock. Substrate is mostly silty sand. No SAVs or shellfish beds were observed within the current proposal project area. The Town of Beaufort has established an official pier head line within this area. This area is not within the Town of Beaufort Historic District but is within the National Historic District. There is a federally maintained channel 200' from the existing docking facility. The site also is a previously dredged area. 10. Proiect Description: The current proposal is for maintenance excavation of the marina facility and the addition of 16 additional boat slips to the previously permitted 37-slip commercial marina (53 in total). The applicant is also proposing the expansion of the existing docking facility as well as the reconfiguration of existing docks/piers, finger piers and tie pilings (18 existing and 51 new) and riprap to help stabilize the existing bulkhead. The applicant is proposing to install granite rock riprap along the shoreline in order to help stabilize an existing deteriorating bulkhead. The riprap would be placed an average of 10' and a maximum of 12', would be a total length of 180' and placed parallel to the shoreline along the waterward side of the existing bulkhead. The riprap would be placed waterward of the existing bulkhead and landward of the coastal wetlands (cw's are along the east side of the property). In order to accommodate for the additional docking spaces, the applicant is proposing to reconfigure and expand the existing marina docking facility (includes finger piers, platforms etc. and re -numbering of slips). The proposal consists of the addition of two 4' x 30' finger piers between slips 45 and 46 and along the south side of slip number 48. An irregular platform/finger pier would be placed between slips 47 and 48. The platform Field Investigation Report Discovery Diving Page 03 would be a 10' x 14' with a 4' x 13' finger pier extending to the east. A total of 7 new tie pilings would be placed within this area. This portion of the proposed development is along the southeast side of the existing pier. They are also proposing seven 4' x 30' finger piers along the south west side (slips 1-13) of the existing pier as well as 12 new tie pilings. One new tie piling would also be placed within slips 15/16 area. The applicant is proposing to add a 10' x 82' pier extension at the north end of the existing pier. The extension is the same width as the existing pier. Per the applicant, the additional width is needed to safely maneuver carts used to load and unload diving gear onto boats docked at the marina as well as accommodate other simultaneous boating uses at the site. Slips 31 to 34 would be located along the east side of the extension and would have one 4' x 30 finger pier and seven new tie pilings. Slips 19 to 22 would be located along the west side of the pier extension and would also have one 4' x 30 finger and seven new tie pilings. The final portion for the proposed expansion is the placement of a t-head platform at the end of the proposed extension. The platform would be 10' x 148' and would house slips 23 to 30. A total of five 4' x 30' finger piers would be constructed within this area as well as 17 new tie pilings. All portions of the manna docking facility would be 18' from the western riparian access line, 16' from the eastern riparian access line, 45' from the western adjacent manna docking facility and 68' from the eastern adjacent marina docking facility. The outermost proposed tie pilings along slips 23 to 30 would not encroach over the existing Town of Beaufort pier head line and would be approximately 87' from the USACOE channel setback. According to the applicant, the typical boat would be 20% 45'with a mixed -use design. The marina policy would prohibit overboard discharge. There would be no fueling but would allow overnight or live aboard dockage. The "amenities" would be trash cans/dumpster and a pump out (no location was given by the applicant). The width of Town Creek in this area is approximately 1,117'. The applicants are proposing to maintenance excavate within the existing marina area as well as the expanded area. The proposed maintenance excavation area would be 180' wide and 480' long (86,400 sf or 1.98 acres). The applicants would excavate the boat basin area with a mechanical bucket to barge method. A maximum total of 4,075 cubic yards of material would be removed below nhw. This number could be lower depending on average existing water depths within the proposed dredge area. The average existing depth is -0' nlw to -7' nlw depending on location. The final depth proposed is -6 to -7' nlw. The connecting water depths within this area are an average of — 7.4' nlw. The material would be trucked offsite to an approved disposal area. Dredging would not begin until a disposal site is established and reviewed by DCM staff. 11. Anticipated Impacts: The proposed expansion and reconfiguration would not change the use of the manna docking facility. The proposed structures would shade 4,150 ft' of shallow estuarine bottom and incorporate 27,888 ft' of open water. The new pier configurations would be located along but not encroach over the establish pier head line and should not cause an interference to navigation. The excavation area would disturb a maximum of 86,400 ft' of Field Investigation Report Discovery Diving Page 04 shallow bottom habitat and remove 4,075 cubic yards or less (depending on location and existing water depths) of silty sand material from the shallow bottom habitat. These shallow water areas would be deepened to a final depth of -6' nlw to-7'nlw. Dredging will not impact any coastal wetlands and there could be possible future maintenance excavation. The setting of pilings and excavation would cause an increase in temporary turbidity. There would be 16 additional permanent slips added to the boating usage of Town Creek for a total of 53 slips at this marina facility. The riprap material has the potential to provide some aquatic nearshore habitat. Significant impacts to substrate and shoreline areas from boat washes would not be anticipated. No substantial changes to impacts on upland and aquatic coastal resources would result with the proposed modifications. Name: Heather Styron Date: 4/18/18 Office: Morehead City L COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 kbvinson a ec.rr.com Mobile 252.240.9297 April 5,2018 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Debora Boyce Discovery Diving Marina Expansion Major Permit Application Dear Heather: Enclosed are the revised project narrative and MP-4 Structures form clarifying that all proposed new finger piers will measure 4' x 30', consistent with project plans. Also included are the additional large - format plan copies that you requested. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. Sincerely, Kathy B. Vinson, AICP Enclosures ReCeJ V F'® pPR 0 6 Z�18 ®CM" MHp CITY 4 efoCAi nLcert CAfiTERErl�00Pd e foregoing sertitirate(s) of f" � ' • (are) certified to ha correct. This in tnlment r7as pre, nted t �)(r istr?tinn and recorded /in fllis office 1p :4A ranq{T is day of��SB'1`d- ti'_.O' oc{r 17. �,I-Tfo river ftcglstor of 0ce{f�p gy k-au _AEG!% Assistant, 00" .[[.ding Tl:na, link :.nl Ta. Lot No. ... Parcel Identifier No. 11-7L-2-1 Verified by - .. -- Comrtp no the day of 19 by.. .. .... .. Mail after recording to . Debora Boyce , .414 Orange Street, Beaufort, I%C 28516 Thin instrument was prepared by Stevenson L. Weeks ., Brief descriptinn for the Index Beaufort Old Town NORTH�hCAROLINA GE-NERAL WARRANTY DEED THIS DEED made this3. Cs "lay of . NOvtlruFa:. .... . 19 89 , by and between GRANTOR GRANTEE Joseph William Boyce and wife, Debora Bovice Marcella Louise Boyce 414 Orange Street Beaufort, NC 28516 Enter In aPPmPrhale hind, for earn Part,t name, ndOr K aml, if npow,uh ., ehanclrr of entity, so. onp.ration or outnershin The designation Grantor and Grantee as n.ad herein shall include said parties, their heirs, success..-.,, :nd assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. NITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey moo the Grantee in fee simple, all that certain lot or p:ueel of land situated in the City of Beaufort I .... ... , ,Beaufort ... .... Tmrnship. . ...... ...... .... Car -eret ,,. County, North Carolina and more particularly described as follows: Beginning at the northwest corner of Lot 170, Old Town Beaufort as shown on Map of said Town, said point being north 39 degrees 15 millu- tes east 220 feet to the intersection of the eastern right of way of Orange Street and the northern right of way of Cedar Street, and from said point of beginning running south 50 degrees 45 minutes east 123.8 feet to an iron pipe; then running north 39 degrees 15 minutes east 195.67 feet to a point in the high water mark of Town Creek; then running from said point north 68 degrees 58 minutes west along said high water mark 130.22 feet to a point; then running in a generally southwesterly direction, along said high water mark, 73.54 feet to a point where the western right of way of Orange Street, if extended, would intersect with the high water mark of Town Creek; then running from said point along the western right of way line of Orange street, if extended, south 39 degrees 15 minutes west 40 feet to a point; then running south 50 degrees 45 minutes east 60 feet to a point in the ;. eastern right of way of Orange street; then running south 39 degrees 15 minutes west with the eastern right of way of Orange Street, if extended, to the point and place ofy beginning. - This conveyance includes all riparia gn aan77'�d littoral rights. /� �• A.r.Uv'6w,.Fu,mNn.l[I9rb_Re,iaJe 197I_,w.,r.....,nm.....ne. vtr.w....$7UVK Ins PAGE tl • � -.:._ —.__ --- -'-- -..arras ** No title examination requested or rendered. The joinrrly hereinallave ties crihPit u'as acquired by Cr:nrinr by imtrunN-ul recorded in Book 472, Page 54 _ .. ... A map vliawing [It,! al,h,c dexcriheA pngrerfy is recorded in Plat Ih,,:k hags TO HAVE, HAVE: AND TO HOLD file aforesaid let nr pareel of land :,.at all privileges and appurtenances lherda hClnngiug in the Gr:urtem in fed s mole. And the Grauh:r anvenants will, the Or:mlce, than (;no rtor is seized of Il,e premises in fee simple, )Cox like right la Malloy the sane: in fl-C simple, that title is maAetahlp cull free and rlrar of all enviahhr:nmes.:&ad Ih;d Orantur will warrant hall defend the title .':Bast the lawful claims of all pertains whomsmacr esrcpl far file rseeptialm la•reinafbs slated. 'fide to the property It•rcinahnve deserihed is snhjeet to the fallowing cvreplians: All easemerkts, restrictions and rights -of -way of record, L`I A'll'NF.[5 )\'nr]16oP. be nramnr Lai beremnn etc all naun a:n 1. r 1; npena. ass nn eJ tan matron to La shoed in Ili wrpara{e name by Ili Jut' amenities ulnnrs seal In be he, sea aLove 1111n, and lu PalllxvJ '> atl4mr11Y •d Ilf Iluvs ml 1)brctur, Ise JaY d YeaI IIrII 'and' .......................... ............................... ---- te,,.puralt NJmq � .is: ...................... .......'......_...-.....-..--__/...L�fl'CQ.G:C .If��LurQ.e. \.0CXI.......aenl.l ........ Presmem — v 4 UJUIS a BOYCE (//r .�s.......\ .. ; _ . ,, - ......... ..... .............. -------- - ta rota _ .r a - ....... .. _. . . .. , -.__............._.(. t . I. 7 _senrsr.�vir ��/.f�\ •.vortj'n c\rtol.lsn. LGtiSfIE.>f9-yt�--__emnmr- orr+'e 1 alNolnq dumb ul Ilm CmmdY inn Sul, .Paesals. uNlq' lLut . . ........................... ' �" •...�. e.,ca - � Joseph William ... Boyce .. Marcella Louise Boyar -...----_._.____-_- nwnmr. m an i 1 _________________._ .--. ..-._.--_,.-.__,.__..-.................. _._. :y......an) inn+area uelmre me eas us, n 1 mrkmm�:eaptu um --tuba. mf Mr s-,,.tne m[tmmml. e:mrtaz mr 1 a : a {e, a?•� icon ana mfnay.wnm mr"al.waml ---- ..___- 39 :`'s_'-: �',---Iz.e.89 ,. i y:. . .;-. �'+".Ce+ -�`. :•: aly rpmmtsmn unto: e=',_z✓_ AXE,.,.,-_ �+. Nmlarr, lwun[ -...D-� rc^• -� +•SfM1L. 61'A,11E NOI[l'll GVIeLINA, -Count'. I� 1, a Notary PULIIc of the County and Slain a%raaln. ttrtlf% ILa: .. ' personal]' came before me this day and acknowledged IM1at - Le Is - selle rs' us .. _ - ,. . a finish Camllna rnry..Ill... anu Ina, IF aullmille deb —� al the :.. 7 Liven ins act hit IM1e [mrpowllmn. ILc ImrcFmin6 Inilrumenl was slFned Ir. ifs nanm by 11z P...trial. wales w114 Its nmrpu.1. seal and Stastmo nY ___, __ ___ .a it. .. _ se ... urY. \\'llness m)' hand 'vnJ official clamp or sal, IM1] -daY of 39 ,IF eommtslon expires! ----------------------------------------------------------------- ---- -- Islas, Public .be mrr.Wort Cerlei-alal f ,. --- --- IinP Oi[ .renew mare[(. w be are. This :mlrmn Mks and reninute are duly registered al ..If .'Lot shown.. t ume and the Mock and Palm swn on am l r i ace -11CnIST'st OP OCEn6 FO(t------------------------------------ COUNTY ! '` W,. O-PutYAssls.-Ne,harr if fields PAGE i i RECEIVED MAR 2 2 2018 1 DCM- MHD CITY COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 kbvinsont7a.ec.rr.com Mobile 252.240.9297 March 21, 2018 Mr. Kyle Garner, AICP Planning and Inspections Director Town of Beaufort 701 Front Street Beaufort, NC 28516 Re: Discovery Diving Marina Expansion Major CAMA Permit Application Dear Kyle: I appreciated the opportunity this morning to discuss the proposed Discovery Diving Manna Expansion Project. Thank you for again reviewing your comments that were generated by the notification previously sent to the Town. The Town of Beaufort (Pine Street) is an adjacent riparian property owner to the marina. We were therefore required as part of the major CAMA application process to provide the Town with a certified mail notification (plans and application documents) of the proposed project. Concurrent with the notification to the Town, on February 7, 2018 we also notified Beaufort Partners, LLC (adjacent riparian property owner to the west) and submitted the application, project plans, and permit application fee to the Division of Coastal Management (DCM). On behalf of the owner, please see our responses below to your review comments received on February 12, 2018. We understand that Discovery Diving Marina is an existing non -conforming use because of a change in the zoning ordinance in November 2013 that made this type of use a Special Use. If required by the Town the owner will apply for a Special Use Permit prior to construction in order to be totally compliant with local requirements. As part of the Special Use Permit application, existing and proposed parking plans will be provided to verify that current zoning standards are met. The project will add 16 new boat slips to the marina, for a total of 53 slips. We understand that 18 parking spaces will be required if all proposed slips are built. AGENCY WIRO WARO / Rachel Love Adrick MHC DCM Planner: V Mike Christenbury WILM Charlan Owens ECRO �Z'o O LPO US COE: Liz Hair Raleigh Bland (Beaufort Ca nden, (Carteret Onslow, Pender) Chowan, Craven, Hertford, Hyde, Tyler Crumbley Perquimans, Tyrrell) (Brunswick, New Hanover) Josh Peletier — (Bertie, Currituck, Dare, US COE (NC DOT) Brad Shaver Gates, Pamlico, Pasquotank, Washington) (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Washington, Eliz City, / Lee Padrick (Washington, Eliz City, Carteret, Craven, Pamlico \/ Carteret, traven, Pamlico / Cultural Resources: y Renee Gledhill -Earley Renee Gledhill -Earley Underwater Archaeolo Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Public Water Supply: V/ Heidi Cox Clif Whitfield Curt Weychert WIRO Marine Fisheries: ✓ Shane Staples MHC Shane Staples WAROIECRO // NC DOT: ✓ David Harris David Harris Shellfish Sanitation: y Shannon Jenkins Shannon Jenkins State Property: N// Tim Walton Tim Walton / DEMLR/DWR: ✓ Karen Higgins Karen Higgins (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMUR: / DWR- Dan Sams Anthony Scarbraugh Storm water - Georgette Scott ✓ DWR 401- Robb Mairs (Carteret, Onslow, Pender, New Hanover) Garcy Ward Chad Coburn (Brunswick) (NC DOT) - Joanne Steenhuis Brunswick, New Roger Thorpe Hanover, Onslow, Pender WRC: Maria Dunn (WARD) Maria Dunn (WARO) WRC: (NC DOT) Travis Wilson Travis Wilson H:\Major Permit\Templates\Maj Comment Distribution Sheet.docx 4/16/2018 Coastal Management ENVIRONMENTAL QUALITY Legal Advertisement Section ROY COOPER Covernor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director 4/5/18 Re: Public Notice — Discovery Diving Company, Inc., 414 Orange St., Beaufort, Carteret County To Whom It May Concern: Please publish the attached Notice in the 4/8/18, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, f6edherk-apn Heather M. Styron Coastal Management Representative HMS State of North Carolina I Enviro mental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Styron, Heather M. From: Legals <legals@thenewstimes.com> Sent: Friday, April 06, 2018 7:41 AM To: Styron, Heather M. Subject: [External] Re: Discovery Diving Company, Inc. Major Permit This ad is set and scheduled to run on April 8, 2018 in the amount of $ 44.99. Proof: NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The DeparLnenlof Envimnmenlal Quality hereby gives public notice as required by NCGS-113A.119(b) that application fare development perm in an Area of Envirenmental Concern as designated under the CAMA was received complete on 3 18. According to the applicator, Discovery Giving Company. Inc. applied fora bermt for maintenance excavation, manna eversion and re -configuration at 414 Orange St, Beaufort Carteret County. A copy, of the entire application may be examined or copied aline office of Heather Styron, INC Division of Coastal Marugenrent looted at 400 CommerceAvenue, Morehead aty, INC, (2U) 80b2B08 Curing nom it business hours. Comments mailed 0 Brecon C. Davis, Director, Dvision of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 2BS97, priom 4QB118, will be considered in making to permit decision latercomments will be accepted and considered up to the tans of permit decision. Project modtiotion may occur based on review end comment by no public and state and federal agencies. Notice olm pent decision In this matervnll be provided upon written request - AB On Apr 5, 2018, at 3:26 PM, Styron, Heather M. wrote: Legal Advertisement Section 4/5/18 Re: Public Notice — Discovery Diving Company, Inc., 414 Orange St., Beaufort, Carteret County To Whom It May Concern: Please publish the attached Notice in the 4/8/18, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, f£editerk-ap is Heather M. Styron Coastal Management Representative HMS NOTICE OF FILING OF A PPLICATION FOR LAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmehtal.Concern as designated under the CAMA was received complete on 3/22/18. According to the application, Discovery Diving Company, Inc. applied for a permit for maintenance excavation, marina expansion and re -configuration at 414 Orange St., Beaufort, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal, Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 4/28/18, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies.. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 4/8/18 Heather M. Styron Field Representative NC Division of Coastal Management NC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.styronno.ncdenr.gov Email 400 Commerce Ave. Morehead City, NC 28557 <image001.png> 9 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Judy Allred Legal Assistant/ Classifieds Carteret County News -Times 4206 Bridges Street Morehead City, NC 28557 Phone (252)726-7081 Ext. 263 Fax (252)726-6016 legals(a-),thenewstimes.com CI NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received complete on 3/22/18. According to the application, Discovery Diving Company, Inc. applied for a permit for maintenance excavation, marina expansion and re -configuration at 414 Orange St., Beaufort, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 4/28/18, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 4/8/18 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 01 Coastal Management ENVIRONMENTAL QUALITY Discovery Diving Company, Inc. C/o Kathy Vinson P.O. Box 827 Morehead City, NC 28557 Dear Sirs: ROY COOPER Gowraor MICHAEL S. REGAN se—fivy BRAXTON DAVIS !)[rector Cppy 4/5/18 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at 414 Orange St. in Beaufort, Carteret County. The complete package was received on 3/22/18. The projected deadline for making a decision is 6/5/18. 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 3/22/18, 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 mein writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sinc rely, I Heather M. Styron Coastal Management Representative State of North Carolina I Emiroumental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 & n .►' �L� 0 m I'IIA OT' I ! �1 11 i I7 .M`iJ � '" •rw. Piro Major Permit Fee Schedule Circle One DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($D) 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, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) ARM. If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV, Development that involves the filling and/or excavation of more than one acre of wetlands and/ open water areas: $475 60% ($285) 40% ($190) 4 1) 'This is a word processing form to be completed in Microsoft Word"" NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant: Discovery Diving Date: 4/5118 Project Site County Carteret Staff., HMS District []Elizabeth City Washington ®Morehead City ❑Wilmington Project Name: Marina expansion and re -configuration Date of initial application submittal; 217/18 Date application received as complete"in the Field office (EX 1/82007): 322/18 Permit Authorization: ❑CAMA ❑Dredge & Fill ZBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ElYes ®No Photos Taken: Yes® No[] Setback Required (riparian): Yes ❑No Critical Habitat: El Yes ®No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned: []Yes ®No SAV:❑Yes ®No ❑Not Sure Shell Bottom: El Yes ®No El Not Sure Temporary Impacts: ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from countyLUP: ❑Yes ®No Mitigation Required (optional): []Yes ®No Moratorium Conditions: ®Yes ❑No []NA Environmental Assessment Done: I ❑Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SM ® High Quality Waters (HQM ❑ Outstanding Resource Waters (ORM WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Sa/icomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh conigrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflors) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scifpus El (TY) Cattail (Typha sp.) spicata) Sp.) ❑ (JR) Black needlerush (Juncus (SP) Saloneadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 111(A) Private w/D&F up to 1 acre; 3490 III(D) Priv. public or comm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ® IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ Ill(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $20W acre; 3490 can be applied - $400 ❑ Major development extension request - If. Public or commercial/no dredge $100 and/or fill - $400 252-808-2808 :: 1-8884RCOAST :: www.nccoastalmannuement.net revised: 02H 5110 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Discovery Diving Date: 415118 Describe below the ACTIVITIES that have been applied for. Ali values should match the dimension order, and units of measurement found in yourActivides code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One pier 1 -lYWwW1ork0 Replace 82' 10, Maint ❑ ❑ Y ® N platform 1 New Work Replace 148' 10, Maint ❑ ❑ Y ® N platform I New Work ja Replace 14' 10, Maint ❑ ❑ Y ® N Fingerpiers 16 New Work Replace 30' 4' Maint ❑ ❑ Y UN Mooring 69 New work C Replace 69 pilings Maint ❑ ❑ Y U N riprap 1 New Work Replace 180' 12' Maint ❑ ❑ Y t9N Slips (new) 16 New Work Replace 16 Maint ❑ ❑ Y ❑ N New Work-0 Replace Maint ❑ ❑ Y ❑ N New Wb*= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y [IN New Work❑ Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work [I Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN revised 02115/ 10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant Discovery Diving Date: 415118 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restorationor tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated Final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 2,160sf 2,160sf Open water Dredge ❑ Fill ❑ Both ❑ Other ® 27,888sf 27,888sf Shallow bottom Dredge ® Fill ❑ Both ❑ Other ❑ 86,000sf 86,000sf Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ . Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888AARCOAST :: www.nccoastaiman;3gqgLent.net revised: 02/15/10 ■ Complete items 1, 2, and 3. ■ Print your name and address or} the reverse ` E/ so that we can return the card to you. , ■ Attach this card to thof the mal p �f�8 or on the front If soaddte. :e4L%D J 'v 1 awn a -P &a4CCV 70 I G�a77- 5'pree-f- 13t III IIII III I'IIII III III I) IIII III I IIII III 9590 9402 2058 6132 5165 62 7016 2710 0000 9061 5416 A Sianature B. Received by (Printed NaM6) C. I D. Is delivery ss 17 If YES, deliv �Z FF c B ❑ Agent !I. Delivery 3. Senn e o Pr wsa Y ❑ Aoua S7NXI, ❑ P." MyITM 9 U ❑ptlutt Sct ❑R McIIRwMcted Certifiel® ❑ Certifieal Rest �� akm Rwaptfor ❑ CollectDelivery Memhandlw ❑ Collect on Oeliwry Restricted Delivery D Signature Confimi2tionTM .' 9eil ah 0 Signne Confjmletlon 4aii Reolrlcteo Delivery RwMoteo Delivery F PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPSTRACKING # 9590 940!12058 k6 5165 62 United States Postal Service First -Class Mail Postage &Fees Paid USPS Permit No. G-10 SCArnP 0 • Sender: Please print your name, address, and ZIP+q® in this box- 0 4 5 -74f l 10aAn41!,77 cS«uit�t�Jh Oov0' fox �a J '�e4 'Y/ e; /'/ y-�- a ass I1Illr111111iIII JIM111II1I1II!1'll'jIf'IIjIljJl"I"rIIIijid! ■ 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 mailpieoe, or on the front if space permits. 1. Article Addressed to: 9 0. Box iy/G s illlilll111111111111ll1111 II IIII1111 II IIIIIIII 9590 9402 2058 6132 5165 55 7016 2710 0000 9061 5430 ❑ Agent C. Is delivery address different from Item If YES, enter delivery address below: RECEIVED an Delivery Restricted Delivery IjSignature Confirmation'" Mail ❑ Signature Confumation Mail Restricted Delivery Restricted Delivery 01 M PS Form 3811, July 2015 PSN 7530-02-000.9053 Domestic Return Receipt US�,s,� E ��{HHH First -Class Mail I I I I I III II��IH I I I II I I Postage &Fees Pald Iu USPS Permit No. G-10 9590 9402 2058 6132 5165 55 United States Postal Service • Sender: Please print your name, address, and ZIP+48 in WE LOg540.1 ��a�nr t)SerViceS TnC . F o, Sox gal mJY-L(-j--kd 0--'-)I/U Lag ss.7 161,Jllu1I111„1I'�II��'illl'il�"�Ii�lll,