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HomeMy WebLinkAbout13-18 Dudley's MarinaNEW Permit Number 13-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermi t 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 Dudlev's Marina. PO Box 1148. Swansboro, NC 28584 Authorizing development in Carteret County at adj. to Bogue Sound, at 106 Cedar Point Blvd., Cedar Point —,as requested in the permittee's application dated 11/20/17, including attached workplan drawings (7), all dated 11/20/17. This permit, issued on February 7, 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 )t these terms may be subject to Imes, imprisonment or civil action; or may cause me permn to oe nuu and void. Excavation 1) In order to protect juvenile shrimp and frnfrsh 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. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) 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. (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. V �'� —� Braxton C. avis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Marina ADDITIONAL CONDITIONS Permit No. 13-18 Page 2 of 3 The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. Spoil Disposal All excavated materials shall be confined above normal high water and landward of regularly or _irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal s Management prior to the commencement of any dredging activities. An Erosion and Sedimentation Control Plan may be required for the spoil disposal site. If required, this plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit rthis plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington '',Square Mall, Washington, NC 27889. Maintenance Clause 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 pennittee's signature shown anew on the original plan. General Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the " permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. 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 and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Marina ADDITIONAL CONDITIONS Permit No.13-18 Page 3 of 3 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 Nationwide Permit 35 (Action ID SAW-2009-02129). The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2009-1233 V2. 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 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator; ---y Permit ...... : • _.... _-> MAHANG UIS2R�U�IE01°i Agents:, DCM Field Offices Elizabeth City ;Morehead City Washington Wilmington US ACOE Offices: Washington, Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: ki (with revised work plan drawings) Wildlife Resources: LPO: Fax Distribution: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Curituck, flare, Gates, Pamlico, Pasquotank, Washington.) T.om Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder Edit Vasbington District) Tyler Crumliley (Brunswick; Now Hanover) Liz HairrTarteret, Onslow, Ponder) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Ponder) Renee Gledhill -Barley Heidi Cox (W1RO) Clif Whitfield (WARO) Shane Staples Curt Weychert David Harris Shannon Jenkins Tim Walton Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCAOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Robb Mairs — 401(Carteret, Onslow, Ponder, New Hanover) . Chad Coburn —401(Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Ponder) Maria Dunn (WARD) Permittee OL'M MP-1 APPLICATION for Ma1or Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name - Project Name (if applicable) -DLkdl 's Ylli, o-Q , n a, ►� Applicant 1: First Nam -A OLJ MI . Last Name Applicant 2: First Name _ MI Last Name nl/q a LA If additional applicants, please attach an additional page($) with names listed. Mailing Address P O Bo I l 4 g PO Box City S�Ans ro State L ZIP Country �lsA o�lext. FAXNo. 5a -343t a380 Street Address (if different from above) - to (0 Ced.az- Point �1yi.i7o ftcity n{ Slate N L ZIP 0185,84 Email 2. Agent/Contractorinformation Business Name o j�rcd n �„ILd (ll�aor t ne Ins ut c�io Agent/ Contractor 1: First Name MI - Last Name -,brooks - Cl1a� Agent/ Contractor 2: First Name MI Last Name Mailing Address ton`,l1ct.�i ✓" PO Box City j ` 1� S �SIMbt State State N L ZIP Phone No. 1 Phone No. 2 ag631 asa-`Iz8 Z%exl a All 1-7og ext. FAX No. - Contractor # y9158 a5-a- 5C1-4-744 Street Address (if di8erentfrom above) City State ZIP - 5a-rn aS abcrc Email RECEIVED dbrooY,S ba@ec.�R.C�r� <Form continues on back> DCM- MHD CITY Foam DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Ct_ State Rd. # tJ%' 10 dx Subdivision Name �JA City ee-dCLC ,liL State r4 Ce. Zip A252q Phone No. Lot No.(s) (if many, attach additional page with list) AQ-343-Aaoy ext. I I I t�)A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project �%Lt k 0a-KLa.-k c. Is the water body identified in (b) above, natural or manmade? d. Name th osest major water body to the proposed project site. Watural ❑Manmade ❑Unknown �Bp -t SOU e. Is proposed work within city limits or planning jurisdiction? f. If applicab , list the planning jurisdiction or city limit the proposed Was - []No - work falls within. (- 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) 17 -I -��• 050 1 . 5 . s) c. Size of individual l71'eA d. Approximate. elevation of tract above N - (normal high water) or attach, withlist) NWL (normal walerlevel) �'ANHW or❑NWL (If manylof sizes,ase additional page .a e. Vegetation on tract �ra(-ss f. Man-made features and uses now on tract 11. iC !1. W in WOE46f Oxi I WAy X,o, tzo f+t hlf_t i i&45+ACk -for bOm+'S � ma& cencreJc boar- ratrf ps (01 00—t -P+I- rnt-4z141 bW ".6y manuio.siarc+�a cc. °ice ��' Ponktp 10 - Concrc-k d a g. Identify and.describe the existing land tses adilcent to the proposed project site. to aJci cent l "%A ®r, _510—A � st 10- s tcs� �en� io L aA ot_c_&:� la wl on nor k sl(x s D.0, F h, How does local government zone the tract? J. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, If applicable) Corn lM-itf c 10.L Was ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes *o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No JXNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes fANo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DEC U 12017 DCM- MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Dyes NNo (it) Are there coastal wetlands on the site? ❑Yes NO (III) If yes to either (1) or (11) above, has a delineation been conducted? Dyes ( Jo (Attach documentation, if available) _ - n. Describe existing wastewater treatment facilities. Scp� c o. Describe existing drinking water supply source. C r wt 11 W Q,44V p. Describe existing storm water management or treatment systems. sh o,ow- 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Mommercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operationsof the project when complete. *11"N 5fWVi cX w; CHI - &r 5k- CX 5kVrO-%L) D pwrp�. (-a;�lv3ay, and ;n.- owko✓ boa, slips. 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. U*' c� Cr 5— n wi II � 6L, f.+ -�'o %ar9e }l wo 2�cAYa�inrS a� two box4�w w; tI LO-O& 1 aA',& On sI-c . d. List all development activities you propose. �r eo191 ll� e. Are the proposed✓ activities maintenance of an existing project, new work, or both? mo-% f. What is the approximate total disturbed land arearesulting from the proposed project? Pksq.Pt or ❑Acres l5',ao�2 g. Will the proposed project encroach on any public easement,. public accessway or other area ❑Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. (4/Pt I. Will,wastewater or stormwater be discharged into a wetland? ❑Yes WO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No *A j. Is there any mitigation proposed? - ❑Yes o DNA If yes, attach a mitigation proposal. <Form continues on back> DEC U 1 20V E)CM- MH CITY ITY fbem DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give tha present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. a.. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name y* ( vk� sMi Phone No. Address yVAl a lg - Z7 a. - 4 5-11 Name N C 'DOT' Phone 1 No. �n Address 13i 1rAQ-0sen-I-or.)n "5id� n4 tic- o�5%O a5a acsc3 •Lf811 Name - Phone No. Address 'g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Ca= Ravi -6GP44-10 . }3 1"!a QiP 45724 'yie56y4 120-f; CIP50 6%0 4/A1o8; GP S11M., .)M A8' GE 53362o 2 111 tea P -1aa-1es; h. Signed consultantor agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.C.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. y. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development aescnoea In me appncauon. The project will be subject to the conditions and restrictions contained in the permit. 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 11-241--/`7 Print Name i/ohQ ZZ49WJVudlEy Signature Please indicate application attachments pertaining to your proposed project. [6CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information DEC 01-2017 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Other (excluding NWL Breakwater shoreline stabilization Length I. Width 300 /Yf &Z Existing Depth �� 3 ( � NA NA Final Project_ Depth ,/� /Y �A I NA NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or cubic yards. b. Type of maledal to be excavated. /2 10 1 C,41 )Ns c. (i) Does the area to be excavated include coastal wedands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ZNone (if) Describe the purpose of the excavation in these areas: 4 rmro 1 rn Wi n4tna L, -e Si�T High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Bff a/fG 4ti4 /%64tiwrra` CAwr* agcLtr✓ayt! A ueA&7 O'4:?f S/ft /.pab1}oN c. (i) Do you claim title to disposal area? d. (I) Will a disposal area a available for future maintenance? es ❑No ❑NA ❑Yes ❑No OdNA (if) If no, attach a letter granting permission from the owner. (if) If yes, where? ' 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 _ []Sp - ❑SB _ ❑WL _ B<one (if) Describe the purpose of disposal in these areas: 41A f. (1) Does the disp al include any area in the water? []Yes VNo ❑NA (if) If yes, how much water area is affected? RECEIVED DEC 01 2017 DD'V�­ IMHD CITY Fbfm DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION Wthis section not applicable (If development is a wood groin, use MP-4 — Structures) a.. _ type of snorenne staunicanon. U. Lnngm. []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of.NHW or NWL: e. Type of stabilization material: g.. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (li) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES his section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ONO ❑NA b. (!)Will fill material be placed in coastal wetlands/marsh (CW), If yes, (it) Amount of material to be placed in the water (ili) Dimensions of fill area _ (iv) Purpose of fill E��1�.rL�:7_•l� a. How will excavated or fill material be kept on site and erosion controlled? /I submerged aquatic vegetation (5v,v), snen Dotrom tse), or other wetlands. (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (it) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge) c. (i) Will navila!j9rfal aids be required as a result of the project? d. (1) Will wetlands be c3dased in transporting equipment to project ❑Yes MNo ❑NA site? ❑Yes VNo []NA (ii) If yes, explain what type and how they �yj{��pJrpp(� I V D �j KC�/G V G DEC 01 2017 (it) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. //- 2 6 - f t7 1A.I&a� DaAe4 Date Applicant Name i r Project Name Applicant Signatu r I' M M ze w �I /r A —F II. 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LOCATION OF PROJECT SITE: 106 Cedar Point Blvd, Carteret County Photo Index - 2006: 36-6538 grid (Ll 1-13) Longitude:77'06.717W Latitude:34°40.85N 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/6/16 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—12/1/17 Application Complete- 12/15/17 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Developed (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Septic Planned — NA (F) Type of Structures: Existing — Marina Planned — Maintenance excavation around existing marina (G) 'Estimated Annual Rate of Erosion: N/A Source — N/A f, I�II,Vt11]a1.YN7iWOWIA DREDGED FILLED OTHER (A) Open Water 172,500ft2 N/A 9.6ac (D) Total Area Disturbed: 172,500ft' (E) Primary Nursery Area: No (F) Water Classification: SA-HQW (G) Shellfish Classification: Open 8. PROJECT SUMMARY: The applicant is proposing to perform maintenance excavation adjacent to the existing Dudley's Marina. The excavation would consist of 12,102yd' " Field Investigation Report: Dudley's Marina Page 02 9. NARRATIVE DESCRIPTION: The Dudley's Marina project is located on the southwestern side of Cedar Point on Bogue Sound in Carteret County. The project is found by traveling on Hwy. 25 and is located at the base of the bridge connecting Swansboro and Cedar Point. Dudley's Marina will be located on the south side, at 106 Cedar Point Blvd. (Hwy 24). The subject project would take place adjacent to a single 3.1 acre parcel that has an elevation of 3'. The project parcel is cleared and maintained. Vegetation consists of native grasses. Presently, the parcel consists of an existing commercial marina with associated boat ramp and dry storage facility with associated launching apparatus. Currently the marina utilizes an existing asphalt drive and gravel parking areas. The Shoreline contains no coastal or Section 404 Wetlands, as the entirety of its 1050' shoreline is stabilized by bulkheads. The width of Bogue Sound at this point is approximately 900'. The AIWW passes directly offshore of the site. The subaqueous substrates along the shoreline are predominately sand and silt. The Division of Water Resources classifies this area of Bogue Sound as SA-HQW waters. This is not a Primary Nursery Area. This portion of Bogue Sound is closed to harvesting shellfish. There are no SAV's in the areas to be disturbed. The parcel is classified in the Carteret County LUP as Developed. This area has been historically dredged as authorized under CAMA Major Permit 21-10 which expired 11/15/14. 10. PROJECT DESCRIPTION: The applicant is proposing to excavate 12,102yd' of material from a historically dredged area behind Dudley's Marina. The dredging foot print would be 172,500ft'(575'X300'). Water depths in this area range from -3' to -Tat Mean Low Water. Final project depths would be -6' MLW. The excavation would be bucket to barge and the spoils would be trucked to an offsite location to be approved by DCM. 11. ANTICIPATED IMPACTS: The proposed maintenance excavation would impact 126,500111 of shallow bottom. Any turbidity resulting from excavation would be quickly dissipated as this area experiences high velocity tidal currents. No Coastal or Federal wetlands would be disturbed during the proposed project. Name: Ryan Davenport Date: 12/7/17 Morehead City DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Dudley's Marina County: Carteret LOCATION OF PROJECT: 106 Cedar Point Blvd., Cedar Point DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/15/17 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Davenport DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: _12/18/17 FEE REC'D: $ 475.00 PUBLIC NOTICE REC'D: 12/20/17 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: Bodnar C) 75 DAY DEADLINE: 2/28/18 MAIL OUT DATE: 12/18/17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 1/9/18 DEED REC'D: ON: 12/18/17 150 DAY DEADLINE: STATE DUE DATE: ilq ll�l FED COMMENTS REC'D: DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management - Regional Representative re. r 5- 1 G� �'CP� Coastal Management - LUP Consistency Determination x Division of Community Assistance l Wa DEMLR-Land Quality Section X IS:�e. w K 4iK- s Division of Water Resources-401 x Ge y/yi/ 70Dg-.1233 V2— DEMLR-Storm Water Management IZ(bl ll 1 Stale Property Office !{ 1� � Division of Archives & History (Cultural Resources) t /10 i0 DMF-Shellfish Sanitation `lIZ 8 " ,( DWR-Public Water Supply I 11 Division of Highways Wildlife Resources Commission l� I I�fAhk�S rT0.1S� Local Permit Office Division of Marine Fisheries- Fisheries Resource Spec. g 8 )G I ImR ` 30 '59PI' Corps of Engineers 1131 OJ NWP'Ss Zp09^0Z( N.C. Coastal Management' ENVIRONMENTAL DUAL T December 18, 2017 MEMORANDUM: TO: SUBJECT: Applicant: Project Location: Proposed Project: ECEE -'-'VE2017 B Georgette Scott Division of Energy, Mineral, & Land Resources Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dhaor CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point. RECENED JAN0�2018 pCM_ MHp CITY Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 7, 2018. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 Nothing Compares� State of North Carolina I Environmartal Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue 1 Morehead City, NC 28557 252 808 2808 I1E Energy, Mineral & Land Resources ENVIRONMENTAL OUALITV December 28, 2017 Mr. John Dudley Dudley's Marina P.O. Box 1148 Swansboro, NC 28584 Subject: EXEMPTION Stormwater Project No. SW8 091125 MODIFICATION Dudley's Marina Maintenance Excavation Brunswick County Dear Mr. Dudley: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On December 20, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on December 21, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincere , For William E. ( by) Vinson, Jr., PE, CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources GDSlgds: MStormwaterlPermits & Projects120091091125 Exemption1201712 permit 091125 cc: Charles Brooks; Brooks Dredging & Marine Construction Cedar Point Building Inspections DCM Morehead City RECEIVED Wilmington Regional Office Stormwater File JAN 11 2018 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources DCM^ MHD CITY Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 Epct;4faC:�fahageirt8rit' 'ENVI&,ONpEN1AL aFFALIJY. December 18, 2017 MEMORANDUM: TO FROM: SUBJECT: Applicant: Rachel. Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Dudley's Marina RO.Y COOPER ' .Governdr MICHAEL 5..REGAN secretary BRAXTON C. DAVIS Director 1 Project Location: Carteret County, at 106Cedar Point Blvd., Cedar Point. Proposed Project: Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicate below your agency's position or viewpoint on the proposed project and returnthis form by _ January 7, 2018. If you have any questions regarding the proposed project, please contact Ryan Davenport,' Permit officer at (252) 808-2808. Ext. 210. 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. T e ects to the project for reasons described in the attached comments. SIGNED DATE 113 126 1 U Nothing Compares_ State ofNorthearobna 1 Environmental Quallty. l CoastalManagement More head City Office 1 400 Commerce Avenue. l Morehead City, NC 2859 2528082808 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management - SUBJECT: Major Permit request by Dudley's Marina DATE: January 3, 2018 ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON C. DAVIS DImceor Consistency Determination: The request is consistent with/not in conflict with the 2012 Town of Cedar Point Land Use Plan certified by the CRC on February 7, 2013. Overview: The applicant is proposing perform maintenance dredging at 106 Cedar Point Blvd., Cedar Point, Carteret County, North Carolina. The area has been historically dredged as authorized under CAMA Major Permit 21-10 which expired on 11/15/2014. Current site improvement includes a commercial marina with associated boat ramp and dry storage facility with launching apparatus. High ground improvement includes a home and 79' x 40' concrete pad. The project is in Estuarine Waters (EW) and Public Trust Area (PTA) Areas of Environmental Concern (AEC). The waters of Bogue Sound at the site are classified as SA/HQW, are closed to the taking of shellfish, and is not designated as a Primary Nursery Area. There is no SAV in the area to be disturbed. The 1,050' shoreline is stabilized by bulkheads and contains no coastal or Section 404 Wetlands. Anticipated impacts resulting from this proposed maintenance excavation include: impacts to 126,500 ft2 of shallow bottom. Any turbidity resulting from excavation would be quickly dissipated as this area experiences high velocity tidal currents. No Coastal or Federal wetlands would be disturbed. Basis for Determination: The project site is in the Town of Cedar Point and is subject to the town's 2012 Land Use Plan. The Future Land Use Map (FLUM) designates the site as "Existing Core Area" with subject AECs defined as "Conservation and Open Space". Land Use Policies: The LUP does not contain any policies applicable to this request. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 2528082808 N�1 � w a Coastal Managemenr MIyONM$NTAk QUALITY December 18, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: DEC 19 209 ICH ish Sanitation 6 ,-Recreational RAX Water puality Secrion Shannon Jenkins Shellfish Sanitation Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point. ROY CUo7ER Govonor AEL S. REGAN Secretory I'ON C. DAVIS DUeator RECEIVED JAN 0 3 2018 DCM- MHD CITY Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 7, 2018. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. yc,e V�wk,uV,-" 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 ��(� i U(/(�fQ� DATE I/� / 19 'bP-- Sharlrnn J k inS . I -Nothing Compares --,.,- State ofNortRCaroba I ErwtronmemalQuallty l Coastal Management Morehead City Office 1 400Commeroe Avenue I Morehead ot/. NC 28557 252 808 2808 t' Marine Fisheries ENVIRONMENTAL QUALITY January 2, 2018 MEMORANDUM TO: From: Through: SUBJECT: Applicant: Project Location: Proposed Project: Dudley's Marina ROY COOPER Govemor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director Doug Huggett, Major Permits Coordinator Division of Coastal Management Valerie Wunderly, Environmental Health Regional Specialist Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point Proposes to perform maintenance excavation adjacent to the existing Because the dredge material is being removed from an area that is closed to shellfishing, discharges from the dewatering of the spoils into recreational swimming waters between the months of April and October could potentially cause a swimming advisory to be posted. Additionally, any discharge from the dredge spoils at any time into approved shellfishing waters will cause a temporary shellfish closure. It is requested that our section be notified prior to any dredging activity, so that we can evaluate at that time if a swimming advisory or shellfish closure is needed. RECEIVED JAN p 3 2018 DCM- MHD CITY Nothing Compares State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 I' RQY CaO.P'ER: , f,{ot'9%ipr MICHAEL $ ROAN Setmtdry 1n. , BRAXT.C}N b. Dktvis, `ENY180NMENTA�.¢VAljj15 � - `December'18 2017 ,r 1MEMORANDUM, TO: Maria Dunn h NC Wildlife Resources Commission M C 12017 i P fie`,, FROW Gregg Bodnar M jor Permits Processing Coordinator ��oj r3on �y SUBJECT: CAMA/DREDGE & FILL Permit, Application Review { S o 4 Applicant;' Dudley's Marina ;Project;Location: Carteret County, at 106'Cedar Point Blvd, Cedar Point. I • Proposed Project: Proposes to perform maintenaiiee•ezcadation adjacentto the existingDudley's- Marina. I Please indicate below your Agency's osition or view point on the proposed projec, t and return tjiis formby Tanuary 7, 2018. If you have any questions regardingthe.proposed project; please contactRyan-Davenport, Permit officer at (252)"808-2808. Ext. 21,0. When appropriate; in-depth comments with supporting data is requested',, REPLY: This agency'iias no.objection to the project as proposed. This agencyhas.no comment on.the proposed project: y This' agency approves of the project only "if the recommended changes are incorporated. See attached. j This agency objects to the project for reasons described in the attached comments. i SIGNED'--- DATE Nothing Compares State ofNorthcamba I EnAmnmental guaitty I coasal,Managemerit Mdreheadaty office I'40acommerceAvenue l Moreheadcity,NC 2¢557 4 252808280E 4 _ i I it 9 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: January 3, 2018 SUBJECT: CAMA DredgelFill Permit Application for Dudley's Marina, 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 at 106 Cedar Point Blvd, in Cedar Point, NC adjacent to Rogue Sound 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 perform maintenance excavation to remove 12,102 cubic yards of material from 172,500 square feet of previously disturbed shallow bottom adjacent Dudley's Marina. Existing water depths in the project area range from -3 to -7' NLW. Proposed final water depths will be -6' NLW. The project had previously been permitted under expired CAMA Major Permit 21-10, though the area disturbed was less than presented in this application. Material removal would be bucket to barge and placed in an approved upland disposal area The Bogue Sound at this location is classified SA HQW by the Environmental Management Commission. The NCWRC has reviewed the permit application and supports all conditions stated in the previous permit as well as the concerns and recommendations presented by the NC Division of Marine Fisheries representative to protect marine and shellfish resources. 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.dunnC,,ncwildlife.ctw'Q Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax- (91.9)707-0028 ' jiKCEl.1/ED DEC 2 E 10h7 L)CM-Fishotlos.. WARD kO.Y CDO.FE'R Ae,�utr ' MI.CHASL S. RF. AN seirafy 6Ra1MN C. 0XVIS t December'18,.2017 WMORANDI Mr" TO: Shane Staples Division of Coastal Management .. FROM:: Gregg Bodnar Major Permits Processing Coordinator. SUBJECT.: CAMA/DREDGE & FILL Permit Application Review Applicant: Dudley's Marina, Project Location: Carteret County, at 106 Cedar: Point Blvd., Cedar Point. Proposed Project: Proposesto•performmaintenanceexcavationadjacenttotheexistingDudley's Marina. Please indicate below your.agency's position or viewpoint on the proposed project and return this form by January 7; 2018. If you have any questions regarding the proposed project, please contact Ryan Davenport,. ' Permit officer at (25.2) 808-2808. Ext. 210. 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. V T.his agency approves of the project only, if the recommended changes are incorporated. See attached. Q This agency objects to the project for reasons described in the attached comments. SIGNED //�.�`iG�� DATE_ "l�fgth 9. ompares� . . state ofN ewcarane gdkonmentgquAWg I CaaemlMamement Morettea'4CRq;Offlee 1400Conlin&&-AUeT;UeJ Wrehea WOO MW 2szsoszaoa MAO RDY GGORER s7awmr fNT,GHAPL'S.A GAN d6atir vy BIl?aTXTON IL OAVI5 tauetrar MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Dudley's Marina DATE:. 1/8/18 A North Carolina Division of Coastal Management (I)CM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that may impact fish and fish habitats. The applicant proposes to perform maintenance excavation adjacent to an existing marina on the ICW W in Carteret County. The footprint of the area to be dredged is approximately 175,500ft(575'x300') to a final depth of -6' at MLW and result in the removal of 12,102 cubic yards of material. The current water depths range from -3 to -7 at MLW and the sediments are comprised primary of sand. The excavation will be conducted using bucket to barge. method and spoil is to be trucked to an approved disposal area. This area is slightly larger than that permitted under expired permit #21-10 and portions of the project have been maintained via general permit since then.. To reduce the potential for negative impacts to fisheries resources from impacts associated with dredging during months of high biological activity a moratorium on dredging from April 1 to September 30 is recommended. The main concern in this location and method of dredging being the increased turbidity levels for the duration of the project. The suspension of sediment during dredging can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. In addition to direct mortality of fish larvae, other planktonic and nektonic organisms at or near the project sites are threatened by decreased water quality. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, submerged aquatic vegetation, and other sessile organisms near the project location. While being located near Bogue Inlet does mean there are increased water velocities to move suspended sediments away from the project location, the areas around inlets are sensitive and important habitats serving as the link between the open ocean and estuarine waters for larval, juvenile, and adults of various important fish and shellfish. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State ofNortbWamIna II Erwh=r ental'.Quaaly, 10oastalManagdnent: Washington Utfioa 1,90WaEM9tdbSquare Mall I WaafiMgton, Nort1fQrobaZr889' :Z624466481 Bodnar, Gregg From: Staples, Shane Sent: Tuesday, February 06, 2018 3:51 PM To: Bodnar, Gregg Subject: RE: Dudley's Marina Gregg, I am sticking with the standard moratorium on this project. Looking at the volume of material and project duration I think it is warranted. Also this project has grown in footprint since the original. Since I have to assume they would want to do the whole project at a potentially undesirable time for fisheries resources in the area thaYs the answer I have to go with. Give me a shout if you have more questions. Thanks, Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples(cDncden r.gov 943 Washington Square Mall Washington, NC 27817 rm' �Nothtnci Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, February 05, 2018 2:01 PM To: Staples, Shane <shane.staples@ncdenr.gov> Subject: Dudley's Marina Hey Shane, Quick question while Doug and I are reviewing the application. The original permit 21-10 had a lapril to 31July moratorium. You requested a standard. Any thoughts on keeping the original moratorium? Thanks for the second look, Gregg Gregg Bodnar Coastal Manggettront ENVIRONMENTAL QUALITY December 18, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Got�m6r MICHAEL S. RE,GAN a.. '.. Sevretury y BRAXTON C. DAVIS DEC 2 0 2017 Dlredtor Tim Walton State Property Office. Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point. Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 7, 2018. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 obj cts to the project for reasons described in the attached comments. SIGNED DATE RECEIVED Nothingt ompares� JAN 0 8 2018 State of North Camllna I ErniconmentallQualitg l CoastallAanagement Morehead City Office 1400Commerce Avenue. l Moreheadaty,NC 2W 2528082808 DCM- MHD CITY December 18, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant:. Project Location: Proposed Project: Received: 12/29/17 State Historic Preservation Office RO.Y CO.OFER gavetnar MICHAEL S. REGAN Secretdry BRAXTON C. DAVIS ` '-Qrre2tdr ER 17-3117 Due -- 1/9/18 Renee Gledhill -Early NC Department of Cultural Resources Gregg Bodnar Major Permits'Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point. A- I_cl_.ig Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 7, 2018. Ifyou have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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' omments. SIGNED �% Cdt - DATE �Nofhing Compares JAN 0 2 2610 State ofNoMearolina I Envhonmerual Quality. I CoastatManagcment w Morehead City Office 1400Commerce Kvewe.l MoreheadCity,NC 28557 " Z 28082808 NC,,. nt" EK"ONt4"TA4 WokurY December 18, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY Ca,OPER 0ovrnar MICHAEL $. REGAN Secretary BRAXTON C. DAVIS Otma or DanSams Division of Energy, Mineral & Land Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point. Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form. by January 7, 2018. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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. +f ipro� sJ go1�1s „10+ ; Iftift C�t��,t f�.Li..�. eJ't e.3 WeuL MO pasty.. cy This agency approveslof the project only i1 the recommended changes at'e incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1742'Z Z0-I/ RECEIVED Nothing Compares JAN Y 1 2018 State of North Carolina I EmlmnmentW Quality l Coastal Management DCM^ MH® Morehead City Office 1 400 Commerce Avenue. I Morehead cay, NC 28W CITY 252 808 2608 Bodnar, Gregg From: Davenport, Ryan Sent: Friday, January 12, 2018 9:15 AM To: Bodnar, Gregg Subject: RE: Dudley's Marina I recommend the permit be issued with standard conditions. Ryan From: Bodnar, Gregg Sent: Friday, January 12, 2018 8:32 AM To: Davenport, Ryan <ryan.davenport@ncdenr.gov> Subject: Dudley's Marina Any comments? Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 01 �Nothtng Compares...,... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Bodnar, Gregg From: Mairs, Robb L Sent: Monday, January 22, 2018 3:54 PM To: Bodnar, Gregg Subject: RE: Dudley's Marina Hey Gregg, All is well, hope so with you. This will require written approval under our current GC 4144. Application has been assigned DWR #20091233v2. Thanks, Robb From: Bodnar, Gregg Sent: Monday, January 22, 2018 3:18 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Dudley's Marina Hey Robb, Hope all is well. Wanted to check in on this one in Carteret Co. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greo4.Bodnar(a)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 'Nothing Compares.-,�... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Kr. Water Resources w Environmental Quality February 1, 2018 John W. Dudley c/o Dudley's Marina P.O. Box 1148 Swansboro, NC 28584 ROY COOPER Governor MCHAEL S. REGAN Secretary LINDA CULLPEPPER Interim Director Carteret County DWR Project: 2009-1233v2 ""�`g,£r Subject Property: Dudley Marina Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Dudley, You have our approval, in accordance with the attached conditions and.those listed below for maintenance excavation within an existing marina facility within Bogue Sound as described within your application received by the Division on December 20, 2017. 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: http://Dortal.ncdenr.org/web/wa/swp/ws/401/certsandpeririits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. if total fills for this project (now or in the future) exceed one, acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. This approval is forthe 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 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .05021. nothing Compares;T . State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910-796-7215 Dudley's Marina- Carteret County DWR Permit # 2009-1233v2 February 1, 2018 Page 2 of 4 Any final construction plans for this project must include or reference the application and plans approved by the Division under this,authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy -of this Certification. 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'ofthis 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 021-1.0506 (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, orthat further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] All mechanized equipment operated nears ' urface waters or wetlands will be regularly inspected and maintained to prevent contamination f waters and wetlands from fuels, lubricants, hydraulic fluids or.other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. Dudley's Manna- Carteret County DWR Permit # 2009-1233v2 February 1, 2018 Page 3 of 4 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)]. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable. Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center,, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://p6rtal.ncdenr.org/web/wa/swp/ws/401/certsa ndpermits/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 orto conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or LAMA 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 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC'27699-6714 Raleigh, NC 27609-6285 Dudley's Marina- Carteret County DWR Permit # 2009-1233v2 February 1, 2018 Page 4 of 4 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 2.7699-1601 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 910.796.7215 or Robb.Mairs@ncdenr.gov. Sincerelv, �A Morella Sa z- ing, Acting Regional Supervisor Water Q lity Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Liz Hair- USACE Wilmington Regulatory Field Office -EC Gregg Bodnar —DCM Morehead City -EC Charles Brooks- Brooks Dredging and Marine Construction, Inc -EC: dbrooks62@ec.rr.com DWR 401 & Buffer Permitting Branch file- LF WiRO December.l8; 201T MEMORANDUM: .V RO:Y COOPER goy MICHA'.EL S. ROA' N Secret¢(y . B RAXTON C. DAVIS . . •OFF, �������,�� h'at . �0 o er 1 07 ngr�r natp'n4,t .,'. . '... . . TO: RQbb.Mairs . Division of Water Resources FROM:. Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dudley's Marina ' Project Location: Carteret County, at 106 Cedar Point Blvd., Cedar Point.: ProposedProject: Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina: Please indicate below your agency's position or viewpoint on the proposed project and returnthis form by January 7, 2018. If you have any questions regarding the proposed proj ect, please contact Ryan Davenport, Permit officer at (M) 808-2808. Ext. 210. 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. 'aggAcy objects to the project for reasons described in the attached comments. SIGNED DATE 692Lollaot q -�—Nothinq Coinpamq t. State ofNordtcambw J Enftnmenfdk42ua1Xy.1 Coaste4Management Momhtad CKYMIm 140OComm&&Avemue 1 Moreue aty,NC 2&%7 2528082808 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4144 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF • REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT), • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048, 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3,12,13,14,18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4144 is issued in conformity with the'requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 By for Linda Culpepper Interim Director GC4144 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Activities authorized by CAMA permits, except for activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2600, and 2700, provided the following criteria are met for the activities listed below: 1) Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands, (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; ii) Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie into existing bulkheads, land or other shoreline protection measures or (2) do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 071-1.0205) shall not exceed 100 square feet; III) Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30. feet, (2) the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative submits a copy of the written authorization for the General Permit to the Division upon issuance; or iv) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); v) Maintenance dredging of less than 0.5 acres of open water or non - vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi) Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item (v) above;. vii) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii)Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than no Page 2 of 12 GC4144 more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and ix) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; or c) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 46, provided the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and investigation report to DWR for comment prior to the DMF Directors recommendation on the application for public notice or denial; or d) Any stream relocation or stream restoration; or e) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified.in 15A NCAC 02H .1017, which: 1) Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii) Proposes permanent wetland, stream or open water impacts; and III) Proposes new built -upon area; and iv) Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved .local government stormwater program?. Projects thathaVe vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - implemented stormwater programs through use of community in -lieu programs require written approval; or f) . Any impacts except shading to SAV or significant shellfish resources as identified by the (DMF); or g) Any impacts Unique Wetlands (UWL); or h) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H A300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or i) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless. 1) The activities are listed as "EXEMPT" from these rules; or ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or 1 e.g. Coastal Counties,.HQW, ORW, or state -implemented Phase 11 NPDES Y e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 3 of 12 GC4144 lit) A. Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. ACTIVITY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-7215) Regional Office, as applicable, are notified and provide approval prior to the release. [15A NCAC 02B .0221] 2. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. 115A NCAC 02H .0506(b)(4) and (c)(4)] 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAG 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)] 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H .0506(b)(4) and (c)(4)] 6. For living shorelines, the pennittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)] Page 4 of 12 GC4144 7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B .0221] 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high- density projects that trigger threshold Item (f) above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and.(c)(5)] a. Provide a completed Stormwater Management Plan (SMP) for review and approval, including all appropriate. stormwater control measure (SCM) supplemental forms and associated items, that complies with the high -density development requirements of 15A NCAC 02H .1003. Stormwater management shall be. provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require application to and written approval from DWR. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for " use of this Certification without written authorization. [15A NCAC 02H .0501 and .05021 No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] 3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require. mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina Page 5 of 12 GC4144 General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands. for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in. accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or. rules occur. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200) Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at -all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards. in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Page 6 of 12 GC4144 Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .02011 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10.If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North. Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11.Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, patter, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the Page 7 of 12 GC4144 stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic .constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock. is discovered during construction, then DWR shall be noted by phone.or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Page 8 of 12 GC4144 12.Bddge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to .the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. —Exceptions to this condition require application,to and written approval from DWR. [15A NCAC 02H .0506(b)(5)] 13.Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,_State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231] 14. if concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 15.AII proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary Impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and'(c)(2)] 16.AII proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17.Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap oi' other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 16.Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] Page 9 of 12 GC4144 19.Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20.All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211, (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22.In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on .surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23.If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency [15A NCAC 01 C .0107(a)] 24.This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 25.The applicant 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 DWR 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, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] Page 10 of 12 GC4144 26.The perittee 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 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)] 27. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website httas://edocs.deg.nc.gov/Forms/Certificate-of- Comaletion). [15A NCAC 02H .0502(f)] 28.Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29.If the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION: In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use: No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in Page 11 of 12 GC4144 effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. 5.' Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water. quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. History Note: Water Quality Certfcadon (INQC) Number 4144 issued December 1, 2017 replaces WQC 4097 issued March 6, 2017, WQC Number 3900 issued March 19, 2012, WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002, WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6„1995. Page 12 of 12 ROY COOPER COV07W MICHAEL 5. REOAN swetary BRAXTON C. DAVIS Mawr December 18, 2017 MEMORANDUM - TO: Lee PAdrick Division of Community Assistance FROM: Gregg Bodnar Major Permits Processing Coordinator. SUBJECT: Applicant: Project Location:' CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point. ' .. Proposed Project: Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicatebelow your agency's position or viewpoint on the proposed project and return this form by January 7, 2018. Ifyou have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested- -REPLY: _ This agency has no objection to the project as proposed. �flns 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 �l/G DATE Nofhtng C,ompares� smteotName,ram I"&w1vmmealQu*, I CautdU Mwont. M.tkM WOake 1400 06nnffwAm e I Wd-WaV NC 26M 2MB032805 l Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, January 31, 2018 11:32 AM To: Bodnar, Gregg Subject: RE: [External] RE: Dudley's Marina CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Yes ... it is SAW-2009-02129 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, January 31, 2018 11:19 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Dudley's Marina That's great. Do you have a SAW number for the permit? Gregg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Wednesday, January 31, 2018 11:17 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil>; Davenport, Ryan <ryan.davenport@ncdenr.gov> Subject: [External] RE: Dudley's Marina CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Hey Gregg, We are processing this project under a NWP 35, so you guys don't need to wait for comments/conditions from us. The process is slightly different from the PGP 291 process in that we don't circulate the application to all of the federal agencies. If listed species or EFH is in the project area, we will coordinate with the appropriate agencies as needed. The typical turnaround time for a NWP upon receipt of a complete application is 45 days. We received this one on December 12, so we are just a few days over our clock. Rachel Capito in our office is helping out a bit, and she let me know that she coordinated the app to Fritz and Kathy for comments on EFH and ESA earlier this week. Don't wait on us, as we are likely a few weeks out. Please feel free to call me if you wish to discuss further. l Thanks! Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, January 31, 2018 10:58 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Dudley's Marina Hey Liz, I wanted to check in on this one. My 75 day is coming up next month. Also Ryan here in the office got a request from someone at your office for the Dudley's project. Did you get help? Thanks and hope all is well, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov <mailto:Gregg.Bodnar@ncdenr.gov> 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. C04s.ratMahagemenr ENVIQaNM6NTAL QUALITY. December 18, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER .G'oye hdr MICHAEL $. REGAN secretary BP,AXTON C. DAVIS D1rmor L. DEC 2 D 2017 Public Water Supply' W�iRO soilrd Heidi CoxP on b a171a eerso�� PP y Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Dudley's Marina Carteret County, at 106 Cedar Point Blvd., Cedar Point. Proposes to perform maintenance excavation adjacent to the existing Dudley's Marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 7, 201.8. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 gency objects to the project for reasons described in the attached comments. SIGNED �( �,� �Yy. Q DATE I I ECEIVED Nofhtng Compares,,�. JAN 31 2018 State ofNorthcarohna I Eavironmertal QualitylCoastalManagement Morehead City Office 1400 Commerce Avenue. I Morehead aty, NC 28557 DCM_ MHD CITY 252 8082808 ORIGINAL '+ NOTITLE SEARCH R) QUESTED OR MADE. NO CLOSING UNDERTAKEN' Mail after recording to: Index Description: JFitgNKW.ERWIN,ATTORAYB`,FL'Bl .f: Tax Stamps P.O • Box 7206 Recorded: Date Jacksonville, NC 28540 Time This instrument prepared by: Book Page FRANK W. ERWIN, ATTORNEY Tax Parcel #' c 16AMta NORTH CAROLINA WARRANTY DEED CARTERET COUNTY THIS DEED, made this day of JANUARY, 1996, by and between JUDY LAVINIA DUDLEY, Sin& of WAKE County, State of North Carolina; HOWARD JACKSON DUDLEY, Single of CA? TERET County, State of North Carolina; and, JOHN W ILLARD DU DLEY, Single ofONSLOW County, State of North Carolina, hereinafter called Grantors, and JOHN WILLARD DUDLEY of ONSLOW County, State of North Carolina, hereinafter called Grantee, whose permanent mailing address is P.O. Box 1128, Swansboro, N.C. 28584. Thedesignation Grantor and Grantee as used herein shall include said parties, their heirs, suocemorlq, and 'assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH,thattheGrantor,foravaluableconsiderationpaidbytheGrantee,thetnceiptofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee Oa�L _ Township, in fee simple, all of that certain lot or parcel of land situated in �1L �s----- CARTERET County, North Carolina and more particularly described as follows: Being 50 feet of Lot Number 2, and the adjoining 50 feet of Lot Number 3, as shown on map of the John S. Jones property, said map being the one made by surveyor, Philip K. Ball, and recorded in the Office of the Register of Deeds for Carteret County, to which reference is hereby made; being the same property conveyed by warranty deed made and delivered in June,1936, from John S. Jones to John A. Wethington, and recorded in the Office of the Register of Deeds for Carteret County. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. Aad the Grantorcovenants with the Grantee, that Grantor is seized of the said premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims Of all ]arsons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described in subject to the following exceptions: BO0KJ_r4 - 'PAG RECEIVED DEC 01 2017 DCM- MHD CITY 1 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal or if corporate, has caused this instrument to be signed in itscorporate name by its duly authorized officersand its seal to behereunto affixed by authority of its Board of Directors, thh day and year first above wriicgn. 1 e JOHN WILLARD NORTH CAROLINA COUNTY OF bnalow L) I, a Notary Public of the County and State aforesaid, certify that JUDY LAVINIA DUDLEY, Single, personally appeared before methis day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seat, this day of JANUARY, 1996- %tary Public., My commission expires: 3 •13 - a 0 00 NORTH CAROLINA COUNTYOF Onslow I, a Notary Public of the County and State aforesaid, certify that HOWARD JACKSON DUDLEY, Single personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this2k day or JANUARYY,, 1996. Notary Public My commission expires: a I b-aon• PAGE,. ,w NORTH CAROLINA. " . COUNTY OF OYWOW I, a Notary Public of the County and State aforesaid, certify that JOHN WILLARD DUDLEY, Single personally appeared beforeme this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this 2G day of JANUARY, 1996. e b_ Pam_ otary Public ' .. My commission expires:-13- J1000 ........... oEmswonr+o.csa+mioan 0.A9r1 rT.MNDnOLEY.Lxp103%Irr ' NORTH CAROLINA, CARTERET IN c o� The foregoing cer be Cor(s) of ri's (�u J Is (are) eerttiled to he correrl. i!�`s ins+rument w pnr sented for regis±ration n[A recorded in this office IN Book ..Pa etolJ This day of 19 iat LL 44 locklii hn.ron Pinar (( BaoK PAGIF M RECEIVED DEC 01 2017 DCM- MHD CITY ROY COOPER . I C1. Coastal Management ENVIRONMENTAL QUALITY Dudley's Marina c/o Bently Brooks PO Box 1148 Harkers Island, NC 28531 Dear Mr. Brooks: Governor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director 12/15/17 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at 106 Cedar Point Blvd, in Cedar Point. The complete package was received on 12/15/17. The projected deadline for making a decision is 2/24/18. 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 12/15/17, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole, or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. hancere J Ryan Davenport oastal Management Representative Enclosure cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator State ofNocth Carolina I Eav nmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 CAMA PERMIT APPLIED FOR COMMENTS ACCEPTED THROUGH APPLIC T: FOR MORE DETAILS CONTACT THE LOCAL PERbQT OFFICER BELOW: C401, Dudley's Marina Project This project will consist of dredging an area within the footprint of the existing boat basin. Approximately 12,000 cubic yards of sand and silt are proposed to be removed. Dredging will be done in 3000 — 5000 cubic yard increments, over the life of the permit, as needed to accommodate heavy drafted boats. Sand and silt will be dredged by excavator and barges and unloaded onto dump trucks and transported to a CAMA approved spoil site. DEC 01 2017 DCM- MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: joO )f) W l � 1AV-8 L 1C�AGt Mailing Address: —�b :u. kk4s �1rJoK xOk me 2z Phone Number: Email Address: �Cr`ntSYv�2w tnaNC . cave I certify that I have authorized Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: dY�T Q*,Ct 1)A at my property located at _ 1W CiAaa- ' 4h,, i , in County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: A" Wtklard ] JJAAAA Print or Type Name Ulnex Title Date This certification is valid through 1. RECEIVED DEC 01 2017 DCM- MHD CITY 4 ♦ —This is a word processing form to be completed in Microsoft Word... NC Division of Coastal Management Maior Permit Aoolication Comouter Sheet Applicant: Dudleys Manna 113 Project Site County., Carteret Staff.- JRD District: ❑Elizabeth City Washington ®Morehead City El Wilmington Project Name: Rover File: WA Date of initial application submittal (E)(.* 1/d2007): 12/1/17 Date application "received as complete" in the Field office (E(: 1/8/2007): 12115117 Permit Authorization: 0CAMA ODredge & Fill OBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ElYes ®No Photos Taken: YesN NoU Setback Required (riparian): Yes 19 No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: []Yes ®No SAV:❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No Not Temporary Impacts: ®Yes ❑No Sure Sandbags: El Yes ®No El Not Sure Did the land use classification come from Mitigation Required (optional): county LUP. ®Yes []No []Yes ®No Moratorium Conditions: []Yes ❑No Environmental Assessment Done: ®NA []Yes ®No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HQIM L1 Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) G/asswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflors) cynosuroides) (DS) Salt or spike grass (Disdchlis El (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/D&F up to 1 acre; ❑ III(D) Priv. public or comm, w/D&F to 1 3490 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 - $475 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanaoement.net revised: 02/15/10 Pt!�: Awision of Coastal Mgt. Application Computer Sheet, Page 2 of al ❑ Permit Transfer- $100 ❑ III(8) Public or commercial w/D&F to 1 acre; 3490 can be applied - $400 El Express Permit- $2000 ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or till - $400 ❑ I. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied, DCM needs DWQ agreement - $400 revised 02/15/10 f/J Alsion of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant Dudleys Date: 12/15/17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Excavation 1 New work 575' 300' New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work [I Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N revised 02115/10 db NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of a) Applicant: Dudleys Date: 12/15/17 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp Impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount Open Water Dredge 172500ft' 172500ft' 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 :: 1-888-4RCOAST :: www.nccoastalmanay_e_ment.net revised: 02/15/10 Coastal Management ENVIRONMENTAL QUALITY Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Please publish the attached Notice in the 12/20/17 issue of the Carteret News Times. The State Office of Budget and Management require 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. Sin ely, I C J. Davenport C Manageme Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of North Carolina I Enviromnental Quality J Coastal Management 400 Conunese Aw I Morehead City, NC 28557 252 808 2808 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-I 19(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 12/15/17. According to the application, Dudley's Marina applied excavate around an existing marina at 106 Cedar Point Blvd., Carteret County. A copy of the entire application may be examined or copied at the office of Ryan Davenport, 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 }D'vi on of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to//l 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: 12/20/17 State of North Carolina I Environmental Quality I Coutal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Bennett, Ronda From: Legals <legals@thenewstimes.com> Sent: Monday, December 18, 2017 8:33 AM To: Bennett, Ronda Subject: [External] Re: CAUTION: External • email-._ Do not click links or open attachments unless verified. Send all suspicious email asan attachment t6 repootspam @ nc.gov. . This ad is set and scheduled to run on December 20, 2017 in the amount of $ 40.90. Proof: NOTICE OF FILING OF APPLICATION FOR LAMA MAJOR DEVELOPMENT PERMIT Tim, Department of Environmental Quality hereby gives public notiw as required by NCGS permitdecision. Project modification may occur based an review and commentby, Me public D20 On Dec 18, 2017, at 6:33 AM, Bennett, Ronda wrote: Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: tlimfiml far a development permit in an Area of Environmental Cancem as designated under Me CAMA was received on 1&15117. According to the application, Dudley's Marina ion may be examined or copied at the office of Ryan Davenport NC Division of Coastal Management located at 400 Commerce Avenue, Morehead City, NC, (252) BOB 2808 during omens Avenue, Morehead City, N.C. 28557, prior to 8119117, vll be considered in making the permit dedsioa later comments will be accepted and considered up to the time of agencies. Notice of Me permit decision in mis matterwill be provided upon written request. Please publish the attached Notice in the 12/20/17 issue of the Carteret News Times. The State Office of Budget and Management require 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, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator 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 an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 12/15/17. According to the application, Dudley's Marina applied excavate around an existing marina at 106 Cedar Point Blvd., Carteret County. A copy of the entire application may be examined or copied at the office of Ryan Davenport, 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 9/19/17, 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: 12/20/17 Ronda C. Bennett *E-Mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.* <image001.jpg> <image002.png> Please visit www.nccoastaimanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. Judy Allred Legal Assistant / Classifieds — Carteret County News -Times 4206 Bridges Street I Morehead City, NC 28557 Phone:252-726-7081 ext. 263 Fax: 252-726-6016 Legals(a)TheNewsTimes.com — www.CarolinaCoastOnline.com Plate items 1, 2, and 3. A. Signature Wt your name and address on the reverse x/ - B�gent that -we can return the card to you. ❑Addressee ach this card to the back of the mailpiece, B. ecei by (Pr! Name) C' Pat J D y r117on the front if space permits. n� b Jt FArticle Addressed to: . Is delivery address ci ferent from item 17 ❑ Yea N C O I �]'FS /Itle�e V 813 below: ❑ No e)9 McLsonTowc) icy f {DCECC 15'20017 II I IIIIII IIII IIII IIII III IIII IIII II III 1 II III III 9590 9402 1595 5362 5862 38 7015 3430 0 3. Service type .. v • 4 Priority Mall Fxpreae® ❑ Adult Signature ❑ 4 slgneNre Restricted Delivery Cer illed Mall® ❑ Registered Mail- ❑ Registered Mail Reeekted 0 t"M ❑ Catllbd M8 Reetrkled DeINerY alum Receipt for 1) Collect on Delivery M.I.disa ❑ Collect on Delivery Restricted Delivery D Signature Confirmation --yl ❑ Signature Confrmation la I'li�rl'R'YI'I�'il') P'l4cled Delivery I nw)11 r PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt USPS MACMG # IIIIIm III IIIIIIIIIII III I III I 9590 9402 1595 5362 5862 38 United States Postal Service Yv � S L�Y2�ri4,,s } Y\tp C pi -+ !ul �_ Sod , e V3 40'i- os do I W, C. 45, ■ CodtOpte (ter�;1R 2, and 3. �. ■ PrRyour narrl '&nd address on the reverse X so that'we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. !.-Article Addressed to: J D. OLJ y'—FVXA Syy ia rk 4ba1 Sel\'te 17a��e 6ac net , Nc a01baf; 2. 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