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20-18 Fulcher Point LLC
Class Permit Number 20-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Pant 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 d to Fulcher Point LLC.,101 South Avenue Oriental NC 28571 irizing development in Pamlico County at adi. to Raccoon Creek. at 101 South as requested in the permittee's application dated 10/12/17 (MI -1), 9/18117 (MP-2), Incl. attached workplan drawings (3), Sheet I of 3 & Sheet 3 dated "Rec. 9/22/17" & Sheet 2 dated "Rea 10/17/17". This permit, issued on March 9, 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 !qf the"se terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. No excavation shall take place outside of the area indicated on the workplan drawings. Excavation shall adhere to the tapered depth cut as depicted on Sheet 3, dated "Rec. 9/22/17". Excavation shall not exceed -13 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) xmit action may be appealed by the permiffee or other persons within twenty (20) days of the issuing date. permit must be accessible on -site to Department el when the project is inspected for compliance. intenance work or project modification not covered requires further Division approval. l work must cease when the permit expires on 11 December 31, 2021 this permit, the State of North Carolina agrees that t is consistent with the North Carolina Coastal t Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Ilea Braxtoi`C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Point LLC. ADDITIONAL CONDITIONS Permit No. 20-18 Page 2 of 4 The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Spoil Disposal The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. `The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. 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 permittee's signature shown anew on the original plan. Commercial Docking Facility `This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this commercial docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the commercial docking facility. Any sewage discharge at the commercial docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent -reflectors shall be attached to the structure in order to make it more visible during hours of darkness or ;: inclement weather. Point LLC. Permit No. 20-18 Page 3 of 4 ADDITIONAL CONDITIONS This permit authorizes a maximum of 6 formalized boat slips. commercial docking facility and associated structures shall have a minimum setback distance of 15 between any parts of the structure and the adjacent property owner's riparian access corridor. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. :This permit does not authorize the interference with any existing or proposed Federal project, and the ,permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public ;`interest. It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Easement .An Easement from the Department of Administration's State Property Office is required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to obtain an easement. Any required easements shall i .,be' obtained, and a copy provided to the Division of Coastal Management, prior to the construction of ,any new boat slips or other docking facilities authorized under this permit. Shoreline Stabilization - Bulkhead The bulkhead shall be constructed in accordance with the alignment depicted in the workplan drawings. The bulkhead shall be constructed prior to any backfilling activities. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the fill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted Sedimentation and Erosion Control A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of 'grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Fulcher Point LLC. ADDITIONAL CONDITIONS General Permit No. 20-18 Page 4 of 4 23) This permit authorizes only the proposed development, as depicted in the attached permit application, project narrative, and workplan drawings. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. 24) 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. 25) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4097 and assigned the project DWR Project No. 17-0814 V2. NOTE: The permittee is advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) New_�4— Major Mod_ Permit # Minor Mod_ Renewal_ Transfer. Permit Coordinator: Field Re Date Time �( Objcc�`on Zraei fJGDI� o� bcor� pN5�1G �� �� Du� tCv, 5Po 54W► t SAP z018 —00O2,ef Message u*,�ca wv 41w)m "� �� `�L[is `1al1,6 %fig, "IZ011s i 26-7 ,3I L DCM Coordinator:_ Permit #; 20 /8 DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOP Offices: Washington: _-: MAH ING DISTRIBUTIONSBTFT_._.,_. _ .. . (with revised work plan drawings) $G.r. 40 OrAbz—v Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) AtPeletier.(Bertie, Currituck, Dare, Gates; Pamlico, Pasquotank, Washington) Steffans (NC DOT- Beaufort; Carteret Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder EC [Washington District) Wihnington: T),ler Crumbley (Brunswick, Nevi Hanover) Liz Hair (Carteret, Onslow, Pander) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harri Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Knsty Lynn Carpenter (NC DOT -All //Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmingtom Robb Matey — 401(Carteret, Onslow, Pender, New Hanover) Chad Coburn —401(Brunswick) Georgette Scott : Stormwatet Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: , Maria Dunn (WARD)g✓ LPO: Fax Distribution: Permittee #: Agent# Coastal Management ENVIRONMENTAL QUALITY March 9, 2018 Fulcher Point, LLC c/o Chris Fulcher 101 South Ave. Oriental, NC 28571 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, 9474 v ,1,-- Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality ICoasral Management Morehead City Office 1400 Commerce Avenue I Morehead Clty.NC 28557 2528082808 i Im APPLICATION for MaJor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name Project Name (if applicable) Fulcher Point, LLC Proposed Bulkhead & Dock Improvements, Fulcher Point, LLC 101 South Avenue, Oriental, NC Applicant 1: First Name MI Last Name Garland Chris Fulcher Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(a) with names listed. Mailing Address PO Box City State 101 South Avenue PO Box 250 Oriental NC ZIP Country Phone No. FAX No. 28571 USA 252- 249 -0123 ext. 252- 249 -2337 Street Address (if different from above) city State ZIP Email 2. Agent/Contractor Information Business Name Dennis Forties & Associates Agent/ Contractor 1: First Name MI Last Name Dennis A Fomes Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 1266 Roberts Rd. Grantsboro NC ZIP Phone No. 1 Phone No. 2 28529 T 252- 249 - 0488 ext. 252 - 670 - 4216 ext. FAX No. Contractor # 252-249-2052 Street Address (d difsrent from above) City state ZIP Email seafood@fulchersnc.net <Form continues on back> OCT 17 2017 n^M_ pI tJo eiT-Y 252-808-2808 .. 1.888-4RCUAST .. www.necoastaimanagement.net ( "w 1S Aq Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (ran be multiple) Street Address Slate Rd. # Pamlico 101 South Avenue Subdivision Name City State Zip NIA Oriental NC - 28571 Phone No. Lot No.(s) (if many, attach additional page with list) 252 249-0123 ext. N/A , I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Racoon Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Oriental 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 210 Linear ft. 14359 sq.ft. sq. ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or J082-423; 4786 sq. ft., J082-424; 9573 sq. NWL (normal water level) ft (If many lot sizes, please attach additional page with a list) 5.5 feet above❑NHW or ®NWL e. Vegetation on tract Existing vegetation includes a limited amount of native grasses and a one decidious tree. f. Man-made features and uses now on tract The only man-made feature attached to the site is an existing commercial dock used by commercial fishing vessels) for temporary/ transient dockage of vessels while in port from fishing activities. g. Identify and describe the existing land uses adjacent to the proposed project site. One the East side of the property is The Town of Oriental Public docks and Restrooms North of South Avenue. On the east side of the property and south side of South Avenue is Single Family Residential homesite. To the Southwest is a sefood processing facility. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) MU 1 ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED OCT 17 2017 252-008-2808 :: 1-888-4RCOAST :: www.nccoastalmanQCMmtMND CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (if) Are there coastal wetlands on the site? ❑Yes [NNO (III) If yes to either (I) or (it) above, has a delineation been conducted? ❑Yes ❑No N/A (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Bay River Metropolitian Sewer District o. Describe existing drinking water supply source. Town of Oriental Water Supply p. Describe existing stone water management or treatment systems. Diffuse Flow 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The primary purpose of this project is to provide additional docking facilities for the growing fishing fleet of Fulcher Point, LLC. Secondary purpose is to repair the existing bulkhead adjacent to the existing building. The bulkhead shows signs of falling and may compromise the foundation and structural integrity of the building unless repaired and strengthened. 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. The project will proceed with the installation of the proposed bulkhead along the the southeastern shore of Raccoon Creek and adjacent to the existing building (see work plans). Dredging will proceed following completion of bulkhead construction. Dredging equipment will include barge mounted excavator. Dredging spoils to be loaded on Dump body trucks and transported to approved spoils site located at 20666 NC Highway 65, Merritt, NC. Tax Parcel 106-1 Pamlico County. Dock construction and platform construction shall follow dredging operations. d. List all development activities you prepose. The project will consist of: 1. Installation of sheet vinylbulkhead along the Southeast Bank of Oriental Harbor using vibrato rryy hammer attached to track mounted excavator. 2. Realign and repair existing bulkhead along adjacent building (see work plans). Modify and wden existing dock adjacent to Town of oriental Dock (widen to 9 feet). Construct docks: 1@112' long X 10' Wide; 1@ 48' long X 8' Wide; and 1 Construct 610 square feet onloading/offloading platform. Also proposed is 1dock@145' long X 6' wide over Raccoon Creek running along the proposed bulkhead. . Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 3000 [NSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes MNo []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. Rhute V Cv <Form continues on back> OCT 17 2017 252-808.2808 :: 1-888.4RCOASI .: www.nccoasta I'0C* t. et 1 , F � Fpnn DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & Additional Information M addition to this completed application form, (1413-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, deafly 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 fide to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Town of Oriental Phone No. (252) 249-0555 507 Church street Adder PO Box 472 Oriental, NC 28571 Name Phone No. Address Name Plane No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. Permit # 92-11 dated July 29, 2011; General Permit #54371C dated 9-1-2009 h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act- 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 05-012017 dy10-1�2-20.177 Print Name Garland Christopher Fulcher Signature NNt � h Itii"J 1 Me to -CJ e-e 1,4t LAX - Please indicate application attachments pertaining to your proposed project. e0 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culvert EC E I V E D ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information OCT 17 2017 DCM- MHD CITY 252.808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 200' 175' Width 50' 105' Avg. Existing varies 9.5' to 14' 2' to 7' NA NA Depth NWL Final Project 11, to 13' NA NA Depth 13.5' below N 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 3000 cy yds c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: ❑This section not applicable b. Type of material to be excavated. d. High -ground excavation in cubic yards. 50 cu. vds 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. nc pin: 648914973700 Pamlico County 500' X 200' a ncukurel 7n Ass ur I -I= sr, QPIr KITAI WC 7AA71 9 c. (i) Do you claim title to disposal area? ®Yes []No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Descrbe the purpose of disposal in these areas: N/A d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA III) If yes, where? LAT. 35'05'1536" LONG. 76'43'07 39" I. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA Cii) If yes, how much water area is affected? RECEIVED SEP 2 2 2017 ®Cki- MHG CITY 252.808-2808 :: 1-888-4RCOAST :: www.ncconstalmonagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 151Y S]Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: Along average normal water of creek e. Type of stabilization material: vinyl sheeting sea wall g. Number of square feet of fill to be placed below water level. Bulkhead backfill 220 Riprap Breakwater/Sill Other i. Source of fill material. off site borrow pit Width: 1' CAp d. Maximum distance waterward of NHW or NWL: 3 feet f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. FILL SAND 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No ®NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water �_ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV _ ❑SB (iv)Purpose offill OWL ❑None N/A (ii) Describe the purpose of the fill in these areas: N/A wit 7 -% 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment wilj„pe�1s@QyeU ,(^..0 STY controlled? backhoe, or hydraulic dredge)? Approved silt fence stain to surround d sturbed n ae Disturbed areas to be revegetated and growth established. Rarkhne c. (I) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project []Yes []No FINA site? []Yes [)ZNo ❑NA (fi) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Applicant Name 09-18-2017 Garland Chris Fulcher Project Name Fulcher Point Bulkhead 8 dock improvements Signature �c7 I�WtA`�'�-�tA�WfK au,_ 1 , _ t ,(, 1L-252.808-2808::1-888-4RCOAST:: www.nccoastalmanaoement.net revised: 12/26/06 Form ®CM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Fonn DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project Please Include all supplemental Intonnation. 1. DOCKING FACILITYIMARINA CHARACTERISTICS a. 0) Is the dod ngfaciliy/marina: ®Commerdal []Public/Govemment []Pdvstucommunity a O Dcck(s) andfu pier(.) (11)Number 3 - (Iii)Length 1=(exsiing), 1@112', 1@48'. 1Q145' (iv)Width 1@7(modiyindsting). 1@io', t®8'146' IV)Floagng Eyes ®No ❑This section not applicable b. W Will iha faalfty be open to the geneal pub!ic7 []Yes ®No d. (I) Are Finger Piers Included? []Yes ®No If yes: (II)Number (ill) Length (IV) Width _ (v)Floadng []Yes []No e. (1) Are Platforms Included? ®Yes []No 1. (I) Are Boatlifls included? ❑ ®NO Ifyes: It yes: (4)Number 1 (I)Number _ (III)Length 24' (it)Length gv)Width 24' (IV)whim (v)Floating []Yes ®No Nate: Rooted areas M calculated hom&P110 dimensions g. () Number of slips proposed 6 (it) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land out and access channel EllOpen voter, dredging for barn and/or channel []Open water, no dredging required []Omen please describe: k. Typical boat length: 100 in. (I) Will the facility have ge pilings? ®Yes []No (ip If yes number of go pilings? e dolnhin clusters; 3 eAsgng+ipropmed It. Check all the types of services to be provided. ❑ Full service. Including travel lift and/or for, repair or maintenance service ❑ Dockage, fuel, and marine supplies r/ ® Dockage (wet slips) only, numberot slips: 6 ❑ Dry storage; number of boats: _ '_` ❑ Boatramp(s);numberofboattamp3 _ ❑ Other, please describe: J. Describe the typical boats to be served (e.g., open runabout, charterboats, sail boats, mixed types). Commercial Fishing Trawlers I. (i)Will the tatllity be open tolhe general public? Oyes ®No Z^<-(i;}n.T".nD :: ':..^..efl..}kfi.9 ".,4'i :: `:.rta^.4i. 4'M"C:3fir...s'ti_ rY'rRts.,v.'1_i'rP•(.i1Fe • •. 1 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 3 (iii) Length 1Ca1 90'(existing), 1@103', 1@48' (iv) Width 1(ca8', 1@9', 1@10' (v) Floating ❑Yes ®No El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number _ (iii) Length (iv) Width (v) Floating []Yes []No e. (i) Are Platforms included? ®Yes []No f. (1) Are Boallifts included? ❑ ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 24' (iii) Length (iv) Width 24' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) �Number of slips proposed h. Check all the types of services to be provided. i•� �p �,> t0 t1-1 zo%-7 ❑ Full service, including travel lift and/or rail, repair or (it) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies © lockage ( wet slips") only, number of slips: 7 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 1. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other, please describe: k. Typical boat length: 100 m. (1) Will the facility have tie pilings? ®Yes ❑No (it) If yes number of be pilings? 4 dolnhin clusters; 3 existing+l proposed j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Commercial Fishing Trawlers 1. (1) Will the facility be open to the general public? ❑Yes ®NO RECEIVED OCT 17 2017 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12127/06 C ,.. ,, k.. .� ._; _ - _ �. _ - i : _ q Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. None generated by this operation d. How will overboard discharge of sewage from boats be controlled? N/A e. (1) Give the location and number of "No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of "Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake' signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. There will be no fuel handling facilities located within the project area j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED NIA OCT DCM- MHD CITY 252-808.2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 12:'27'06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wegands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) 29This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovemment ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from dhpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-P, Excavation and Fill.) QJThis section not applicable a. (i) Number (ii) Length (iii) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliGGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 17 2017 AGM- rMHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanauement.net revised: 12127/06 Eorm DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structures) to adjacent riparian property lines 35' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 335' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 55' d. Water depth at waterward end of structure at NLW or NWL 13' below nwl 8. OTHER ®This section not applicable a. Give complete description: Date 09-18-2017 Revised 10-03-2017 ; 10-09-2017 Project Name Fulcher Point Bulkhead and Dock Improvements Applicant Name Garland Christopher Fulcher Applicant Signature 0444�, 94A44, Dennis A. Fomes for Christopher Fulcher RECEIVED OCT 17 2017 DCM- MAID CITY 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 12/27/06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Fulcher Point, LLC County: Pamlico LOCATION OF PROJECT: Adjacent to Raccoon Creek at 101 South Avenue, In Oriental. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/17/17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Brad Connell DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: _10/23/17 FEE REC'D: $ 400.00 (60/40) PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Bodnar C) 75 DAY DEADLINE: 1 4.�Tlr) MAIL OUT DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 11/25/17 DEED REC'D: Yes ON: _10/23/17 150 DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management- Regional Representative 10telf-I KdO Tcws Coastal Management - LUP Consistency Determination ltll/�zl'•' Division of Community Assistance 11 DEMLR-Land Quality Section Division of Water Resources-401 j124 1 ?— DEMLR-Storm Water Management State Property Office 740113 �4�(,yA(,�•�-- U-IMIA4 Division of Archives & History (Cultural Resources) I� 31 ll DMF-Shellfish Sanitation to�Zb'1� DWR-Public Water Supply Iaw l Division of Highways Wildlife Resources Commission ll g 17 x �2—A, -L 1 Local Permit Office Division of Marine Fisheries- Fisheries Resource Spec. ll g ,( I r 2 � V40M n RW%_ Corps of Engineers C ,v 2.01,4 .,-. 0.:>(, 2 ROY COOPER N! Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: October 18, 2017 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Brad Connell Ti(- MICHAEL S. REGAN Secremry BRAXTON C. DAVIS nreomr SUBJECT: Comments and Recommendations - CAMA Major Permit —Fulcher Point LLC, Pamlico County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal excavates 28,375 square feet of benthic habitat, fills 3,000 square feet of high ground, and fills 220 square feet of estuarine waters. These waters of Raccoon Creek are closed to shellfish harvest. This waterbody is not a Primary Nursery Area. This proposal is subject to the Neuse River Basin Riparian Buffer Rules. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) Excavation will not exceed 13 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters; I:y�s 2) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized; 3) The bulkhead alignment will approximate the normal water level at the time of construction; 4) The bulkhead must be constructed prior to any backfilling activities; 5) The bulkhead must be structurally tight in order to prevent seepage of backfill materials through the structure; 6) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used; Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Fulclier 10/18/2017 Page 2 of 3 7) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead; 8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water 1 1 . that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification; 9) The piers and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge; 10) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work; 11) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party; 12) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest; 13) This permit authorizes a maximum of 6 boat slips. At no time shall more than 6 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft; 14) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee ttm must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e); 15) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant; 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Afirmann Acdon Employer Fulclier 10/18/2017 Page 3 of 3 16) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.); 17) Any development or land disturbing activity that is considered non -water dependent is not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. CC: Roy Brownlow, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.ncooastalmanagement.net An Equal Opporlumly 1 Affirmative Acfion Employer �u Gktei,+.��tite�" epyu�eapsnrASovny�rr ROY COOPER CeYernor MIGRAEL S. REGAN - saz�uur RP.AXTON a OhVIS October 23, 2017 . MEMORANDUM: TO:' C1if.Whitfield OCT Public Water Supply . 2 5 FROM: Gregg Bodnar Major Permits :Processing Coordinator .SUBJECT: CAMA/DREDGE &.FILL Permit Application Review Applicant: Fulcl.er Point, LLC Project Location: Pamlico County, Adjacent Raccoon Creek at 101 South Ave., in Oriental. Proposed'Project: Proposes to construct a docking facility and maintenance excavation for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2017. If you have. any questions regarding the proposed project, please:contact Brad Connell, permit officer at (252)808-2808. Ext, 214. 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 fXothing Gompores_%� .stateDyNoffficimina I Fnv =MCntal,Q.uaUW I C.aasudMpnagement Morcheadafy0ffdd 1400d6mmemeAvecme I Morehead aty,NC2M 2SZ808280B 4� ROY COOPER. Cove nor .Y MICHAEL S. REGAN saQarQry Coastalhfanagement BUXTON C. DAVIS ENVIRONMENTAL QUALITY 01"dtor OCT 2.4 209 D ShellfisF Sanitation & Recreational October 23, 2017 Warer Quality Section MEMORANDUM: TO: Shannon Jenkins Shellfish Sanitation FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Fulcher Point, LLC Project Location: Pamlico County, Adjacent Raccoon Creek at 101 South Ave., in Oriental. Proposed Project: Proposes to construct a docking facility and maintenance excavation for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2017. if you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. ECEIVED REPLY: This agency has no objection to the project as proposed. OCT 3 0 2017 This agency has no comment on the proposed project. DCM- MHD CITY 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.j�� SIGNED//Q�iiLL(, Ut/�il/L�('"" _ DATE , (i/a{F /17 -F0(L ShannG►� Jev,►ct;�s Nothing Compares State of North Carolina I Envtronmemal Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Caty, NC 28557 2528082808 NC_ CoastalManagement EWRONMENT40VALRY October 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: OCT 2 6 2017 HISTORIC PRESERVATION OFFICE Renee Gledhill -Early NC Department of Cultural Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Fulcher Point, LLC ROY COOPER 0ovarnor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director ER 11-<-�018 fatal_ u1 C9 Pamlico County, Adjacent Raccoon Creek at 101 South Ave., in Oriental. Proposes to construct a docking facility and maintenance excavation for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. 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 1'iCIk1DC-CSc DATE Nothing Compares� State of NorthCaroUna l Envimmaaal QuWityl ContalMamgement OCT 2 7 2017 Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 ROY COOPER Cw r MICHAEL S. R. NC Secretary G¢astatMdnageRrenr BRAXTON C. DAVIS irettor ENVJ{ONMENTAI. OUALtTY October•23, 2017 MEMORANDUM:' TO: Lee Padrick Division of Community Assistance FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Fulcher Point, LLC Project Location: Pamlico County, Adjacent Raccoon Creek at 101 South Ave., in Oriental. Proposed. Project: Proposes to construct a docking facility and maintenance excavation for commercial use. Please- indicate, below your agency's position or viewpoint on the proposed project and return this form by November 12, 2017. .If you have any questions regarding the proposed project, please contact Brad Connell," permit officer. at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is'requested. REPLY: i .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: T1us , agE comments a — SIGNED objects to the project for reasons described in the attached DATE 'Nothing Compares-- � gm, I Ehv1mnmemalQuaI4 I CamstalManagement 140oedmmemeAv ue I Mo"headaty,NC 28557 2528082808 ROY COOPER . Otit�icr MICHAEL $• REGAN ' `SeoYetgrj+ s B,R XTON 'G. EFAVIS C2R5x # Elt�GtiQ' tiafte VNWROAIMNrj( p�a50:Y . -October 23, 2017. MEMORANDUM:'; RECEIVED TO: Shane.Staples Ou B 9 201) Division of Coastal Management . ' a DCM•Flehortoe FROM:. Gregg Bodnar WARO Major.Pemilts Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review. Applicant: Fulclier Point, LLC Project Location: Pamlico County, Adjacent Raccoon Creek at 161 South Ave., in Oriental. Proposed Project: Proposes to construct adocking facility and maintenanceexcavation for commercial use. Please indicate below your.agene.y's position or viewpoint on the proposed project and return this form by November 12, 20171 If you have any questions regarding the proposed project, please contact Brad Connell, permit officer. at (252)808-2808. Ext. 214.. 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. 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 ///d-/// Nothlrg Uompares__,_ . .StateofNortllCamOma f EaAmnmeaaLgaaRty lcoastdWagement MoteheaAaty0ffa 1400Cdrmero-Av = I Mdreheadaty= 28557 2528082808. NC,AI Cogstaf. i RRSp2rRant' P.FNA M1 MY49 ALM MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Fulcher Point, LLC DATE: 11/08/17 ROY COWER ►vtICHAEL & P"AW rOY BR'A XTON E. DAMS DUIC br A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct a commercial vessel docking facility and maintenance excavation in Raccoon Creek in Oriental, NC. The project will include 146' of vinyl bulkhead that would tie into an existing bulkhead on the property, a 6'xl46' wooden wharf located landward of the bulkhead, 5 slips 28' in width located along this bulkheaded area, and an addition.slip with platforms to aid in loading and unloading of boats. To allow for sufficient depths for dockage of large vessels a 130' x 200' area of substrate along the bulkhead will be excavated to a depth of -13' NWL. Material will be excavated by bucket and barge method and hauled to an offske disposal area. The area of Raccoon Creek is currently heavily utilized as a marina for recreational and commercial vessels and this proposed development should not adversely affect fisheries habitat in the area. The area is directly adjacent to the mouth of Greens and Smith Creek in Oriental which are designated Primary Nursery Areas meaning they have been deemed critical habitats to the larval and juvenile life stages of estuarine finfish and shellfish such as red drum, speckled trout, spot, croaker, blue crabs, white and brown shrimp. The project area is also directly adjacent to a well-known and popular area for shrimping used by recreational anglers. In order to reduce the potential for negative impacts from high turbidity to fish and shellfish in the adjacent areas and well as to reduce the potential for disruption of fishing activity during peak season a moratorium on the dredging is recommended from April 1— September 30. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State of Worth Carollna I ftrviratmientafQualfty l Coastal Manage t Washington Office 1943 Washngton Sgoate Ma➢ t Washbngton,Nonh Carogtu2r889 252 946.6481 Coastal Management ENVIRONMENTAL aVALRY G . I73.10, October 23, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Dunn NC Wildlife Resources Commission Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Coveenor MICHAEL S. REGAN Secretary BRRAXTON C. DAVIS Director AIF C4 ♦ �� OCY 11 ?oil RECEIVED CAMA/DREDGE & FILL Permit Application Review Fulcher Point, LLC Pamlico County, Adjacent Raccoon Creek at 101 South Ave., in Oriental. Proposes to construct a docking facility and maintenance excavation for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments] supporting data is requested. RECENC V NOV 13 2017 REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. DCM- AHD CITY 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 11- 8- 7a 1 -4- Nothing Compares---,, State of North Cambna I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Oh: NC 28567 252 808 2808 0 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality RECEIVED FROM: Maria T. Dunn, Coastal Coordinator NOV 13 2017 Habitat Conservation Division DATE: November 8, 2017 DCM- MHD CITY SUBJECT: CAMA Dredge/Fill Permit Application for Fulcher Point, LLC, Pamlico 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 101 South Avenue in Oriental, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a commercial docking facility and perform maintenance excavation within Raccoon Creek. The project site is adjacent to the applicant's commercial seafood processing facility. A 146' vinyl bulkhead would be installed I' forward NWL and connect to the existing bulkheads on the north and south shores. A 6' by 146' wharf would be installed immediately waterward the bulkhead and would dock five 100' vessels. Each slip would be 28' wide and supported by four dolphin pilings. The sixth slip would be at the southern end and be 38' by 48' supported by a 10' by 103' platform and a 24' by 24' landing. Excavation would be within the docking area, 130' by 200', and connect to the -13' depth contour within the federal channel. Spoil material would be moved offsite. Raccoon Creek is classified SC HQW by the Environmental Management Commission, is subject to the NC Division of Water Resources' Neuse Basin Buffer Rules. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fa:: (919) 707-0028 40 The NCWRC has reviewed the permit application and does believe the commercial docking facility or excavation activity will have significant adverse impacts to wildlife resources. To minimize impacts to important aquatic resources in the vicinity, we do request an April 1 — September 30 moratorium for dredge activities. Although Raccoon Creek is not designated an anadromous fish spawning area or primary nursery area, this designation is not far downstream the site. Open shellfish waters are also located in the vicinity and keeping suspended sediments from dredge activities outside the period of peak biological activity reduces impacts to numerous aquatic species including shellfish, marine, estuarine, and anadromous fish species. 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. dunn@ncwildlife.org RECEIVED NOV 13 2017 DCM- MHD CITY Coastal fanagement_' 'ENVIRONMENT4 QUALIFY October 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER. 4bverrtbr MICHAEL S. REGAN SeAetary BRAXTON C. DAVIS friredrar Rachel,Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Fulcher Point, LLC Pamlico County, Adjacent Raccoon Creek at 101 South Ave., in Oriental. Proposes to construct a docking facility and maintenance excavation for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. 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 Y 6 k DATE L �-1 %^`� I Nothing Compares_--�_, State of North Carolina f Environmental Quality. I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead aty,NC 28557 2528082805 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 Fulcher Point, LLC DATE: September 12, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Consistency Determination: The request is consistent with/not in conflict with the Town of Orientals Workbook CAMA Land Use Plan certified bythe CRC on January 18, 2008. Overview: The applicant is requesting to construct a six -slip docking facility, vinyl bulkhead, and to excavate within Raccoon Creek at 102 South Ave, Oriental, Pamlico County, North Carolina. The 0.2-acre parcel has approximately 146' continuous shoreline along Racoon Creek, a tributary of the Neuse River. Vegetation on the lot consists mainly of lawn grasses. Areas of Environmental Concern include Coastal Shoreline (CS), Estuarine Waters (EW), and Public Trust Areas (PTA). The water at the project site in the Bogue Sound are SC (Aquatic Life, Secondary Recreation, Salt Water), HOW (High Quality Waters), and NSW (Nutrient Sensitive Waters). There is no PNA (Primary Nursery Area), and the area is closed to the taking of shellfish. There are no Coastal Wetlands or SAV within the project area. There are no cultural resources in the nearby vicinity of the project area. There is a defined Federal Channel near the project area. Anticipated impacts resulting from this project are expected to include: the excavation would impact 28,375 ft2 of benthic habitat; docks and haul -out piers would shade 2,859 ftZ of estuarine waters; vinyl bulkhead would result in the disturbance of 3,000 ftZ of high ground; the vinyl bulkhead would fill approximately 220 ft2 of estuarine waters. The proposal would not pose a hazard to navigation. Traditional marine construction methodology will be utilized during construction with minimal turbidity impacts. Traditional silt fencing would be used for sedimentation and erosion control. Turbidity impacts are anticipated during excavation activities in Raccoon Creek. State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Gty. NC 28557 252 808 2808 Basis for Determination: The project site is located in the Town of Oriental and is subject to the Town of Oriental's 2007 Workbook CAMA Land Use Plan. The Future Land Use Map (FLUM) designates the property as "Existing Core Areas" defined as "areas that are currently developed including established residential, commercial, and industrial land uses". The following LUP policies may be applicable to this request: Land Use 2., pg.15 "Marinas and boat yards will adhere to DWQ and CAMA policies related to pump -out and wastewater". State ofNorth Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 808 2808 CQt75WMarkagement ENVIRONMENTAL WALITY October 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RE0EIVED(NCDEN.`V0 A•fi OCT 2 5 2017 Water Quality negiona. Operation£ oOr. , Washington negiom. 1'1, 0S I y.Vy Anthony Scarbraugh Division of Water Resources ROY COOPER cmxnor MICHAEL $. REGAN Secretory BRAXTON C. DAVIS Dlreetor Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Fulcher Point, LLC Pamlico County, Adjacent Raccoon Creek at 101 South Ave., in Oriental. Proposes to construct a docking facility and maintenance excavation for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: T 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 �� 4 DATE 11/2yo �Nothing Compares.... State ot'North Carolina l Environmental Quality l Coastal Management Morehead Clty Once 1 400 Commerce Avenue I Morehead Oty, NC 28557 2528082808 cu Water Resources Environmental Quality Fulcher Point, LLC Attn: Mr. Garland Fulcher 101 South Avenue Oriental, NC 28571 NOT A CAMA PERMIT November 22, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Interim Director DWR q 17-0814 V2 PAMLICO County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS FULCHER POINT, LLC —101 SOUTH AVENUE Dear Mr. Fulcher: You have our approval for the impacts listed below for the purpose described in your application dated October 23, 2017 and received by the Division of Water Resources (Division) on October 27, 2017. These impacts are covered by the attached Water Quality General Certification Number 4097, Neuse River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, Including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B. 0233(8)] Type of Impact Amount Approved (units) Permanent Amount Reduced (units) Temporary Plan location/ Reference Attached Open Water OW1 (Bulkhead Fill) 0.01 (acres) 0 (acres) Sheet 2 of 3 OW2 (Maintenance Dredging) 0.65 (acres) 0 (acres) OW3 (Dock Shading) 0.07 (acres) 0 (acres) Buffers -Zone 1 B-1(Bulkhead Installation) 0 (square feet) 300 (square feet) Sheet 2 of 3 2. Water Quality Certification State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946.6481 FULCHER POINT, LLC-101 SOUTH AVENUE DWRff 17-0814 V2 401 AND BUFFER APPROVAL Page 2 of 3 The proposed project must comply with all the conditions of the General Water Quality Certifications) 4097. [15A NCAC 02B .0507(c)] Continuing Compliance 3. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water"Quality for Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25. NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. 115A NCAC 02B .0220] Other Conditions 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x it spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. 115A NCAC 02H .0507 (c),15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233(6)] 5. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://portal.ncdenr.org/web/wa/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 62H .0506(b)(5)] 6. This approval and its conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). FU LCH ER POINT, LLC —101 SOUTH AVENUE DWR# 17-0814 V2 401 AND BUFFER APPROVAL Page 3 of 3 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water and Neuse Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenngov if you have any questions or concerns. Sincerely, f P I.CA/�"d May, Reg' I Supervisor Water Quality egionalOperationsSection Division of Water Resources, NCDEQ Enclosures: GC 4097 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office (via email) Brad Connell, DCM WaRO (via email) Samir Dumpor, DEMLR WaRO (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Laserfiche File Energy, Mineral & L and Resources ENVIRONMENTAL QUALITY Fulcher Point, LLC Attn: Mr. Garland Chris Fulcher PO Box 250 Oriental, NC 28571 Dear Mr. Fulcher: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director December 6, 2017 Subject: Stormwater Permit Exemption Stormwater Project No. SW7171101 CAMA for Bulkhead & Docks Pamlico County On November 1, 2017, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA Major application for the subject project located at Oriental, NC. The project involves the construction of a bulkhead, docks & maintenance dredging adjacent to Raccoon Creek. We received additional clarification from Mr. Dennis Fornes by email on December 5, 2017 that confirms no upland development is proposed for this project. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 21-1.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. If you have any questions, or need additional information concerning this matter, please contact this office at (252) 946-6481. Sincerely, Bill Moore Environmental Engineer Washington Regional Office cc: oug Huggett, DCM, Morehead City Dennis Fornes & Associates,1266 Roberts Rd, Grantsboro, NC 28529 Washington Regional Office Nothing Compares State of North Carchna I Environmental Quality I Energy, Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington, NC 27889 252 946 6481 RECEIVED DEC 12 2017 DCM- MHD CITY 00, -% Bodnar, Gregg From: Moore, Bill Sent: Monday, December 04, 2017 11:02 AM To: Bodnar, Gregg Subject: FW: CAMA Major for Fulcher Point, LLC Hey Gregg, FYI. Have not heard back from Mr. Fulcher or his consultant as of this morning. If they specify no upland dev then we will probably do a sw exemption. If upland dev proposed, then they will need to submit sw application. Left phone message for Mr. Dennis Fornes this am. Bill Moore, Environmental Engineer Land Quality Section 943 Washington Square Mall Washington, NC 27889 (252)946-6481 bill.moore@ncdenr.gov From: Moore, Bill Sent: Wednesday, November 15, 2017 1:47 PM To:'ncsurv@gmail.com' <ncsurv@gmail.com> Cc: 'seafood @fulchersnc. net' <seafood @fulchersnc. net> Subject: CAMA Major for Fulcher Point, LLC Good Afternoon Dennis, The CAMA Major for this project is back in the review process. After the project was withdrawn in August, I sent a letter to Chris Fulcher dated 08/14/2017 that advised any future upland development might require a stormwater permit. If there is upland development proposed for this project, we will likely issue some type of stormwater permit. If there is no upland development proposed, that needs to be specified; then we can issue a stormwater exemption. If the owner has plans for upland development, I will be glad to meet with you onsite to discuss permitting & stormwater options. Look forward to your response. Bill Moore Engineer Associate Department Environmental Quality 252 946 6481 office bill moore(cDnodenr.00v 943 Washington Square Mall Washingotn, NC 27889 r Nothing Compares. c . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Wayman, Joy Sent: Tuesday, February 20, 2018 4:40 PM To: Bodnar, Gregg Subject: Fulcher Point Gregg, My comment was: A submerged lands easement is required. Joy Joy M. Wayman Real Property Agent State Property Office NC Department of Administration How did I do? — Click here to take a brief survey 919 807 4661 office ioy.wavman(a).doa. nc. gov NC Department of Administration Mail Service Center 1321 Raleigh, NC 27699-1321 NC Department of Administration Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Sent: Thursday, March 29, 2018 8:28 AM To: Bodnar, Gregg Subject: [External] CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Greg, Yea we are shaking things up with PRD. The ones we had in with them will be issues shortly under a batched opinion. I don't think 165 made the cut so it may be a while. Any not covered under the batched opinion will likely wait and get wrapped up in the programmatic effort that's finally getting under way. I will keep you in the loop on that as well! Also, Fulchers number is SAW-2018-00024. Better late than never right? Anything else you need from me? The Jockeys Ridge doesn't seem like it would trip any kind of permit from us. Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Fax: (252) 975-1399 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: httP:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. ,i, 41 . �\ PROJECT NARRATIVE FULCHER POINT, LLC, ORIENTAL, SCOPE OF PROJECT: PROPOSAL INCLUDES THE INSTALLATION OF BULKHEAD AND DOCKING STRUCTURES ADJACENT TO THE EXISTING SEAFOOD DOCKING AND PROCESSING FACILITY OPERATED BY FULCHER POINT, LLC 101 SOUTH AVENUE, ORIENTAL, NC. THE LIMITS OF THIS PROJECT IS AS DETAILED ON WORKPLAN SHEET 2 OF 3. NO ADDITIONS TO, MODIFICATIONS OF OR OTHER WORK IS PLANNED OR PROPOSED BEYOND THE PROJECT LIMITS AS DETAIL ON SAID WORK PLAN. PROPOSED CONSTRUCTION INCLUDES: 1. INSTALL SHEET VINYL BULKHEAD ALONG SOUTHEASTERN EDGE OF RACOON CREEK TO EXTEND SOUTHWARDLY FROM THE EXISTING BULKHEAD NEAR THE BOUNDARY WITH THE TOWN OF ORIENTAL TO THE EXISTING BUILDING LYING 145 FEET SOUTH OF THE EXISTING BULKHEAD 2. INSTALL NEW BULKHEAD PARALLEL TO AND +/- 3' WATERWARD FROM THE EXISTING BUILDING AND BULKHEAD (SEE WORKPLAN SHEET TWO) FOR DETAILS OF ALIGNMENT AND CONSTRUCTION. THE EXISTING BULKHEAD AND BUILDING ARE SHOWING SIGNS OF STRUCTURAL FATIGUE/FAILURE AND STEPS NEED TO BE TAKEN IN ORDER TO CORRECT THIS SITUATION AND MINIMIZE FURTHER STRUCTURAL FAILURE. THE PROPOSED NEW BULKHEAD WOULD CONSIST OF 1" THICK SHEET VINYL SUPPORTED BY DOUBLE WALERS AND 12" DIAMETER OR EQUAL TIMBER PILES. THE NEW WALL WOULD BE BOLTED THROUGH EXISTING PILING ALONG THE EXISTING BULKHEAD AND BUILDING FOUNDATION. IN ADDITION, EXISTING PILING CURRENTLY LOCATED BELOW THE "GRASSED AREA" (SEEWORK PLAN SHEET 3) WOULD BE USED AS AS DEADMAN TIE BACKS IN SUPPORT OF THE NEW BULKHEAD. IT IS PROPOSED TO CREATE A CASSION BETWEEN THE OLD AND NEW BULKHEAD STRUCTURES. DEWATER, AND FILL VOID BETWEEN BULKHEADS WITH COMPACTABLE SAND LOAM MATERIAL. ANY TRAPPED MARINE LIFE WILL BE REMOVED TO THE EXTENT POSSIBLE PRIOR TO BACKFILLING OPERATIONS. 3. DOCK MODIFICATION AND CONSTRUCTION: THE DAILY OPERATIONS AND USE OF THE PROPOSED DOCKS WILL BE SOLELY FROM LARGE COMMERCIAL FISHING VESSELS.THIS TYPE USE REQUIRES A LARGER DOCK PLATFORM IN ORDER TO PROVIDE STOCKING, SERVICE, AND MINOR REPAIRS TO DOCKED VESSELS. THE DOCK PLATFORM NEEDS TO BE OF SUCH CHARACTER AND SIZE TO SUPPORT SMALL TRACKED OR RUBBER TIRED EQUIPMENT FOR STOCKING THE VESSEL(S) OR FOR LIFTING, REMOVAL AND REPAIR OF MECHANICAL COMPONENTS SERVICING THE VESSEL. IT IS FOR THOSE REASONS THAT IT IS REQUESTED TO CONSTRUCT DOCK PLATFORM(S) THAT EXCEED THE ALLOWABLE WIDTH OF 6 FEET. SEE WORKPLAN SHEET TWO FOR LOCATION, LENGTH, AND WIDTH OF PROPOSED DOCKS AND PLATFORMS. 4. NO UPLAND CONSTRUCTION OR LAND DISTURBING ACTIVITIES WILL BE UNDERTAKEN WITHIN ANY ENNIRONMENTALLY REGULATED AREAS PROVIDED HOWEVER, THE NAVY STYLE WALL WILL REQUIRE THE EXCAVATION OF AN AREA BETWEEN THE WALL AND THE DEADMAN PILES IN ORDER TO INSTALL TIE BACK ANCHORS BETWEEN THE WALL AND THE DEADMAN PILE(S) 5. DREDGING IS PROPOSED IN RACCON CREEK TO A DEPTH OF 13 +/- FEET BELOW NORMAL WATER LEVEL OF THE CREEK FINAL DREDGING DEPTHI 6#f�FfpivyflEFgAICE OCT 17 2017 DCM- MFID CITY i y . ... � ,-�t. .� - .. .; .. ,. . ,. �" i ,. � .G: :i'"ill ,_rii ', f'. _... .�u.,' �.. .`� ,.,.. ,n. ,. ._,., �,... i .�..� ,., � � .. i� `. , . ,, ., � ice. �� .'i� ... 'i',: � ii., i. .. is �,� _. .�:� _, � iS� n. � .. WITH FEDERAL AND STATE REGULATIONS AND WILL BE PROPOSED AT DEPTHS THAT ARE DETERMINED FROM CURRENT CHANNEL SOUNDINGS AND PAST DREDGING RECORDS 6. SEE DETAILED WORKPLAN SHEET TWO FOR ADDITIONAL WATERWARD STRUCTURES WHICH INCLUDE TIE OFF DOLPHIN PILES FOR SECURING VESSEL(S). 7. A 6 FEET WIDE, 145 FEET LONG WOOD PLANK SERVICE/ACCESS DOCK IS PROPOSED TO PARALLEL THE BULKHEAD RUNNING ALONG THE SOUTHEAST EDGE OF RACCOON CREEK (SEE WORK PLAN SHEET TWO). 8. EVERY ATTEMPT HAS BEEN MADE TO CONSTRUCT THIS PROJECT WITHOUT ANY INCREASE TO POTENTIAL POLLUTANTS THAT ADVERSELY AFFECT THE ENVIRONMENT. RECEIVED OCT 17 2017 DCM- MHO CITY Coastal Management ENVIRONMENTAL QUALITY March 9, 2018 Oriental Yacht Club, Inc. c/o Thomas C. Manning 4801 Durham Rd. Wake Forest, NC 27587 Dear Mr. Manning: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Pit '4: Thank you for your concerns regarding the request to Coastal Area Management Act (CAMA) Major Development Permit issued to Fulcher Point, LLC., in Pamlico County. The Division appreciates your concerns about the proposed project. In this case, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued a Major Permit No. 20-18 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator State of North Carolina I Environmental Quality I Coastal Management Morehead Chy Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 41 0 ORIENTAL YACHT CLUB, INC South Water Street Oriental, North Carolina c/o Thomas C. Mannng, Secretary 4801 Durham Road, Wake Forest, NC 27587 RECEIVED Braxton C, Davis Director of Coastal Management NOV 27 2017 400 Commerce Ave Morehead City, NC 28557 DCM- MHD CITY Re: APPLICATION FOR MAJOR PERMIT FULCHER POINT LLC, 101 South Avenue Oriental, Pamlico County Dear Director Davis: Oriental Yacht Club, Inc. (OYC) is located at the mouth of Oriental Harbor, Raccoon Creek, directly across the creek from the proposed project submitted by Fulcher Point LLC referenced above. Oriental Yacht Club, Inc. operates a private boat dock with approximately 15 slips for sailboats 35 feet long and smaller. OYC has been in operation since 1964 in the same location, has five shareholders, all but one of who are family members of the original shareholders/owners. OYC opposes and objects to the Permit Application of Fulcher Point LLC for the following reasons: 1. Spoil accumulation. In its current operation, going on for many years, the ongoing business being operated by Fulcher Point LLC has resulted in continuous pushing of spoil from the bottom of Racoon Creek by fishing trawlers using the facilities of Fulcher Point LLC, positioning themselves for going into and out of existing slips, and positioning themselves to tie up to the existing pier facilty operating there. The constant backing and going forward, positioning, etc., causes the trawlers to rev their engines, and the spoil on the bottom of Racoon Creek is propelled upward and under and around or facility and into the slips where our boats are tied up. Over the past fifteen years, we have been forced to dredge 0 RECEIVED Braxton C, Davis NOV2 Director of Coastal Management 7 2017 November 20, 2017 Page Two DCM- MHD CITY or facility more frequently, and the more trawler traffic which has occurred, the faster our dredged area becomes clogged with spoil. This action has also pushed up a sludge bar across the small channel at the rear of our boats, so that we find it difficult or impossible to back out of our slips, and we arae frequently grounded leaving our facility to enter Racoon Creek by a sludge bar 20'-30' near our facility, all caused by the maneuvering of the trawlers who are in slips there or which frequent the facility for service. Granting the proposed permit will only worsen this problem. With the tight tolerances of the existing dock and the proposed dredging, public use of Racoon Creek by other fishing boats, and pleasure boats going deeper into Raccoon Creek to access the Oriental Marina and the two Town Docks operated by the Town of Oriental will force traffic on to the far side of the channel and onto shallower water created by the trawlers' sludge bar created by positioning, and also have boat traffic increasing on the west side of Raccoon Creek near the end of our dock and its over water lease area. The beam of trawlers laying against the dock at the Fulcher Point LLC facility, are particularly if they lie two abreast, will push in bound and outbound traffic to the west side of the channel. 2. Paint removal and Paint Application. The Fulcher Point LLC facility also offers and utilizes high pressure paint removal and spray paint application to vessels which dock there and which patronize the facility for service. In addition to the noise, the paint removal and application procedures are frequently, and nearly always, done without remediation of airborne particles, and almost never with water dikes to capture and control the spread of removed paint from Racoon Creek. There is no concern or even a tip of a hat toward compliance with restrictions on airborne particulate matter or particles which enter Racoon Creek. N RECEIVED Braxton C, Davis Director of Coastal Management NOV 27 Z017 November 20, 2017 Page Three DCM- MHD CITY Thank you for your consideration of the Oriental Yacht Club's objections to the Permit Application of Fulcher Point LLC. cc: Wayne Poole Jonathan Evans Robert H. Gryb Yours very truly, omas Manning Huggett, Doug From: Town Manager <Manager@TownOfOriental.com> Sent: Monday, July 17, 2017 3:38 PM To: Huggett, Doug Subject: Fulcher Point Good Afternoon Mr. Huggett, After conversation with both my Planning Chair and our attorney, we agree that the revisions to the design constitute a minor revision, and, as such, will not require a new SUP hearing, simply a letter from the applicant to the Town Board asking for review of the revision. At that time the Board will discuss and approve/disapprove the revision and add that to the existing approved SUP. The roof issue is not connected to the boat wash (the use for which an SUP was granted). The entire design, however, is of some concern to residents concerned with sandblasting, sanding, and painting operations. The process of reporting potential future violations is a significant concern. I don't know what will satisfy, short of your permit requiring the roof to be closed during such operations. Thank you for your flexibility in this situation. D&ne M. Miller, 94PA Town Manager Town of Oriental, NC 507 Church St PO Box 472 Oriental, NC 28571 Ph: 252.249.0555 manaserOtownoforiental, com www.townoforiental.com Pursuant to NC General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as electronic mail message(s) that may be sent in response to it may be considered a public record and as such are subject to request and review by anyone at any time. 4 RIENTf",iL SAILING,Ci1WAL,OF NC, Huggett, Doug From: Town Manager <Manager@TownOfOriental.com> Sent: Monday, July 17, 2017 3:38 PM To: Huggett, Doug Subject: Fulcher Point Good Afternoon Mr. Huggett, After conversation with both my Planning Chair and our attorney, we agree that the revisions to the design constitute a minor revision, and, as such, will not require a new SUP hearing, simply a letter from the applicant to the Town Board asking for review of the revision. At that time the Board will discuss and approve/disapprove the revision and add that to the existing approved SUP. The roof issue is not connected to the boat wash (the use for which an SUP was granted). The entire design, however, is of some concern to residents concerned with sandblasting, sanding, and painting operations. The process of reporting potential future violations is a significant concern. I don't know what will satisfy, short of your permit requiring the roof to be closed during such operations. Thank you for your flexibility in this situation. Diane x. asp►; 9WTA Town Manager Town of Oriental, NC 507 Church St PO Box 472 Oriental, NC 28571 Ph: 252.249.0555 manager0townoforiental. com www.townoforiental.com Pursuant to NC General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as electronic mail message(s) that may be sent in response to it may be considered a public record and as such are subject to request and review by anyone at any time. IR..IENTAL SAIL:INNG.CAPFFAL oFNC'. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Fulcher Point LLC LOCATION OF PROJECT SITE: The project is located adjacent to Raccoon Creek at 101 South Avenue, in Oriental, Pamlico County. Latitude: 35' 1'25.02"N Longitude: 76°41'44.75"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 9/21/17 Was Applicant or Agent Present No Photos Taken — No PROCESSING PROCEDURE: Application Received— cc: 10/17/17 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan —Town of Oriental (January 2008) Land Classification from LUP —Developed (B) AEC(s) Involved: CS, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — municipal sewer Planned -none (F) Type of Development: Existing — commercial seafood processing facility Planned - vinyl bulkhead, excavation, & docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED IN O P/ HADED (A) Open W 11 28,375 ft 220 fO 2,859 ft2 (B) High Ground 3,000 ft2 (E) Total Area Disturbed: 31,595 ft2 (F) Primary Nursery Area: No (G) Water Classification: SC; HQW; NSW Open: No (H) Cultural Resources: None Proiect Summary: The applicant wishes to construct a docking facility and maintenance excavation for commercial use adjacent to Raccoon Creek, Pamlico County. Field Investigation Report: Fulcher Point LLC Paee 2 Narrative Description: The commercial property is located adjacent to Raccoon Creek at 101 South Avenue in downtown Oriental, Pamlico County. This property is currently undeveloped. The applicant's adjacent parcel is developed with commercial seafood processing facilities which include commercial docks. The adjacent riparian properties are owned by the town of Oriental, developed with apublic wharf facility to the northeast and the terminus of a street right-of-way. The elevation of the high ground of the parcel is about 5.5' above the normal water level (nwl). Vegetation on the parcel mainly consists of lawn grasses. There are no Coastal Wetlands within the project area. The 0.2-acre parcel has approximately 146' of continuous shoreline along Raccoon Creek, a tributary of the Neuse River. Immediate offshore water depths adjacent to the parcel range from —l' to —13' normal water level (NWL). The subaqueous substrate is soft without shell. There are existing dilapidated dock remnants approximately 40' from the shore. There are existing bulkheads on the adjoining properties that terminate at the property line. There is not a cultural resource in the nearby vicinity of the project area. This waterbody is approximately 365' across at this location. These coastal waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation is not present at this location. This area is closed to shellfish harvest and is classified as SC; HQW; Nutrient Sensitive Waters. There is a defined Federal Channel within the project area. This project area is subject to the Neuse River Riparian Buffer Rules. Proposed Development: The applicant proposes to construct a six -slip docking facility, vinyl bulkhead, and excavate within to Raccoon Creek, in downtown Oriental. The proposed development would take place 101 South Avenue, Pamlico County. The proposal would serve as an expansion to the adjacent commercial seafood facility's operations. A 146' long vinyl bulkhead is proposed along the northeast shoreline approximately along the nwl. It would be 1' wide, and 14.5' tall (as measured from the dredged substrate). This proposed vinyl bulkhead would tie into the existing bulkheads to the north and south. There is a 6' wide and 146' long wharf proposed immediately waterward of the proposed bulkhead. This will support the dockage of five 100'-long vessels. Each slip would be 28' wide and supported by four dolphin pilings at the waterward terminus of the slips, at the edge of the Federal Channel Setback. The sixth slip is proposed at the southern end. It would be 38' wide and 48' long. This sixth slip would be supported by a 10' wide and 103' long platform coupled with a 24' by 24' landing on its northeast side, and a 8' by 48' platform on the slip's south side. The proposed excavation would be within the area of the six proposed boat slips. This excavation would be approximately 130' wide and 200' long. It would connect to the -13' nwl depth contour at Brad Connell October 19, 2017 Morehead City Field Investigation Report: Fulcher Point LLC Paee 3 within the Federal channel and would result in the removal of approximately 3,000 cubic yards. The spoil material would be removed and stored at an upland site located at 20666 NC Hwy 55, near Oriental. This excavation would be accomplished via a traditional "bucket to truck" methodology. Anticipated Impacts: This proposal would not pose a hazard to navigation. The proposed excavation would impact 28,375 square feet of benthic habitat. The proposed docks and haul -out piers would shade 2,859 square feet of estuarine waters. The proposed vinyl bulkhead would result in the disturbance of 3,000 square feet of high ground. The proposed vinyl bulkhead would fill approximately 220 square feet of estuarine waters. Traditional marine construction methodology will be utilized during the construction of this project. Traditional silt fencing would be used for sedimentation and erosion control. Turbidity impacts are anticipated during excavation activities in Raccoon Creek. There is not a cultural resource in the nearby vicinity of the project area. This project area is subject to the Neuse River Riparian Buffer Rules. These waters of Raccoon Creek are not classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed. This area is closed to shellfish harvest and is classified as SC; HQW; Nutrient Sensitive Waters. There is a defined Federal Channel within the project area. Brad Connell October 19, 2017 Morehead City September 18, 2017 • . Dennis Fornes Dennis Fornes & Associates, PLS 1266 Roberts Rd. Grantsboro, NC 28529 Ms Diane Miller, Town Manager 507 Church Street PO Box 472 Oriental, NC 28571 Dear MS Miller, As required by the Major CAMA Permit process, I am providing you with a copy of the final project work plans and application documents that are being submitted to the NC Division of Coastal Management relative to bulkhead and dock improvements being proposed by Fulcher Point, LLC at the facility on South Avenue. In addition to the plans, I am also providing a project narrative detailing the scope of work and description of the project. The plans and narrative submitted herewith represent design changes and modifications to the project documents previously submitted in February of this year. Also submitted is herewith is the "ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAVIER FORM" required by the NC Division of Coastal Management. Thank you for your assistance with this matter. If there are questions that I may be able to assist you with please contact me @ 252-249-0488 or by email: ncsurv@gmail.com. S' cerely, Dennis Fornes Dennis Fornes Agent For Fulcher Point, LLC Dennis Fornes & Associates, PLS CC Fulcher Point, LLC RECEIVED SEP 2 2 2017 DCM- MHD CITY —This is a word processing form to be completed in Microsoft Word"" NC Division of Coastal Management Major Permit Application Computer Sheet (11/112012) Applicant: Fulcher Point LLC Date: 10/18/2017 Project Site County: Pamlico Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Fulcher Point Seafood Date of initial application submittal (EX: 1/8/2007): 9222017 Date application "received as complete" in the Field office (EX: 1/82007): 10/172017 Permit Authorization: ❑CAMA ❑Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes ®No Photos Taken: Yes ❑ Nog Setback Required (riparian): []Yes ® 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 Sure Temporary Impacts: ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP: ®Yes ❑No Mitigation Required (optional): []Yes []No Moratorium Conditions: ❑Yes ®No ❑NA Environmental Assessment Done: ❑Yes []No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ® Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) ® High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional Ll (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflors) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis 0 (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Saltimeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ® III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ It. Public or oommeroial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nceonstalmanagemont.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Fulcher Point LLC Date: 10/18/17 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. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 1 New Work ® Replace -13' nwl 6 slips Boat basin (slip) Maint ❑ ❑ Y ® N 200' 130' Bulkhead 1 New Work ® Replace 146' 12• 14.5' Maint ❑ ❑ Y ® N Piers 4 New work Replace 146',103',24', 6',10',24',8' Maint ❑ ❑ Y ®N 48' Tie pilings 4 New Work Z Replace (dolphin Maint ❑ ❑ Y ® N clusters revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Fulcher Point LLC Date: 10/18/17 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Open Water Dredge ❑ Fill ❑ Both ® Other ❑ 28,595 ft2 28,595 ft2 High Ground Dredge ❑ Fill ❑ Both ® Other ❑ 3,000 f12 3,000 ft2 Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 2,859 ft2 2,859 ft2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaeement.net revised: 02/1 S/10 PEnMmmm Whea.4leg DATE REnM NED: I IV I1,OIL NORTH CAROLINA PAMLICO COUNTY invillillililliW1 Doc ID: 002081150005 TYO•: CAP Meard•d: Ol/OS12012 K 0•:30:48 Ph P•• Ant: 1�.128.00 P•g• 1 of S N•v}}nu• rau: $2,W0.00 PMlleo. NC Lynn N. L•vl• a•g1•t•r of qba 1w562 Pa909-913 ::1i 12 I M • 0e ❑ If checked, the property includes the primary residence of at least one of the parties depicted as Grantor. Parcel #: J()Sa—1 Vfi J0ko1 — LQ 1 JOW - W Stamps: $ Q 100 — THIS DEED, made and entered into this the 5th day of January 2012, by and between LACY M. HENRY and wife, JUDY B. HENRY, whose address is whose address is 116 First Street, Atlantic Beach, NC 28512, hereinafter referred to as Grantors, and FULCHER POINT, LLC, a North Carolina Limited Liability Company, with an address of 101 South Avenue, Oriental, NC 28571, hereinafter referred to as Grantee; That the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantee, WHITr &ALLEN,r.A, rO DRAWER U. NEW 6ERN, NC zessj No tnk .9 o, p.4.d by Wka •A--,rA RECEIVED FEB 10 2017 DCM- MHD CITY Book:562 Page: 909 Seq: 1 Book: 562 Page: 909 Page 1 of 5 its successors and assigns, in fee simple, all that certain lot or parcel of land situated in Number Five (5) Township, Pamlico County, North Carolina and mote particularly described as follows: See attached Exhibit "A", legal description. 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. And the Grantors covenant with the Grantee, that Grantors are seized of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except all encumbrances or restrictions mentioned above, and that Grantors will warrant and defend the title against the lawful claims of all persons whatsoever. The designation Grantor and Grantee as used herein shall include all parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing after their signatures hereinbelow this the day and year fast above written. (SEAL) LAC-�'-M. HEW n�e � .�; (SEAL) ENRY RECEIVED FEB 10 2017 DCM- Mh7 CITY Book:562 Page:909 Seq:2 Book: 562 Page: 909 Page 2 of 5 NORTH CAROLINA CRAVEN COUNTY I, Moses D. Lasitter, a Notary Public of the County and State aforesaid, certify that LACY M. HENRY and wife, JUDY B. HENRY, personally appeared before me this day and acknowledged the due execution of the foregoing document. WITNESS my hand and notarial seal, this the 5th day of January, 2012. � o �pTAR� P Notary Pb1blic 3 O�,q A�1Bl�G My Commission Expir"l!F y rnU� February 15,2016 RECEIVED FEB 10 2017 DCM- MHD CITY Book: S62 Page: 909 Seq: 3 Book: 562 Page: 909 Page 3 of 5 EXHIBIT A (Fulcher) Tract 1: All that tract or parcel of land lying and being in the Town of Oriental, Number Five (5) Township, Pamlico County, North Carolina and being more particularly described as follows: Beginning at a point which is described as being the following courses and distances from where the centerline of Wall Street, if extended, would intersect with the centerline of South Avenue, and running from said point of intersection S 14-26-29 W, 33.58 feet to a point; running thence with the southern right-of-way of South Avenue S 77-43-02 W, 99.99 feet to an iron pipe; thence continuing with South Avenue S 77-39-30 W, 49.99 feet to an iron pipe found; thence from said point S 12.25-00 E,101.00 feet to an iron pipe found, the Point or Place of Beginning; running thence from said Point or Place of Beginning and along a chain link fence S 12-25-00 E, 153.51 feet to a point in the high-water mark of Neuse River; running thence from said point S 80-35-47 W, 100.21 feet to a point; thence from said point N 12-15-36 W, 149.09 feet to a set iron pipe, said point being the southwest comer of Lot 3, as shown in Map Book 1, Page 19, Pamlico County Register of Deeds; running thence with the southern boundary of Lot 3 and Lot 2, as shown in Map Book 1, Page 19, Pamlico County Registry, N 78-04-16 E, 99.74 feet to the Point or Place of Beginning. Said tract containing .35 acres, see map entitled "Boundary Survey for Lacy M. Henry" dated September 6, 2011, prepared by Dennis A. Fomes, PLS, which map is incorporated herein by reference. iltL*MA All that tract or parcel of land lying and being in the Town of Oriental, Number Five (5) Township, Pamlico County, North Carolina and being more particularly described as follows: Being Lots numbered 2 and 3 in the Bulkhead Improvement Company Subdivision, as per plat recorded in Map Book 1, Page 19, in the Office of the Register of Deeds of Pamlico County, to which plat reference is hereby made for greater certainty of description. This is a portion of the land described in and conveyed by deed from U. C. Lee and wife to Frank Sterling Bell recorded in Book 105, Page 477, in said office. Also see Book 86, Page 113, Book 81, Page 450, Book 118, Page 516 and Book 192, Page 42, Pamlico County Registry. Tract III: All that tract or parcel of land lying and being in the Town of Oriental, Number Five (5) Township, Pamlico County, North Carolina and being more particularly described as follows: Beginning at an iron pipe found where the western right -of --way of Avenue A would intersect with the southern right-of-way of South Avenue and running from said point of intersection S 12-1347 E, 50.12 feet to a point, said point also being the northeast comer of that tract of land currently owned by Fulchers Point, LLC recorded in Book 309, Page 171, Pamlico County Registry; running thence from said point S 78-32-41 W, 98.09 feet to an iron pipe set; thence N RECEIVED FEB 10 2017 DCM- MHD CITY Book:562 Page:909 Seq:4 Book: 562 Page: 909 Page 4 of 5 60-34-04 W, 30.36 feet to a found iron pipe in the high-water mark of Raccoon Creek (Oriental Harbor); running thence with the high-water mark of Raccoon Creek (oriental Harbor) the following three courses and distances, N 78-09-34 E, 12.30 feet to a point; N 57-28-55 E, 18,48 fat to a point; N 22-27-32 E, 26.74 feet to a point, said point being where the southern right-of- way of South Avenue, if extended, would intersect with the high-water mark of Raccoon Creek; running thence from said point N 77-32-29 E, 75.91 feet to the Point or Place of Beginning, said tract containing .11 acres and being more particularly shown on that map entitled "Boundary Survey for Lacy M. Henry" dated September 6, 2011, prepared by Dennis A. Fornes, PLS, which map is incorporated herein by reference. RECEIVED FEB 10 2017 DCM- MHD C@ I Y Book:562 Page:909 Seq: 5 Book: 562 Page: 909 Page 5 of 5 �f RJp'� Q; eat 'rP f [ Nfl 116 a NORTH CAROLINA PAMLICO COUNTY 1CYCE E.(1.F.17;AN E FECISiCii (IF DDS THIS DEED, Bade and enrttb this the fa"`� day of1995, by and between GARLAND C. FULCHER and wife, 6EBORAH N. FULCHER, of Pamlico County, North Carolina, parties of the first part; -TO- iI FULCHER POINT, LbC, whose address is: P. O. Box 250, Oriental, NC 28571, party of the second part; H I T N E S S E T H• That said parties of the first part in consideration of the sum of ONE HUNDRED AND NO/100 �( ($100.00) DOLLARS and other good and valuable considerations to them paid by said party of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell, and convey to said party of the second part, its successors and assigns, all of their undivided interests (totalling fifty percent of said property) in a certain tract or parcel of land, lying and being in the Town of oriental, Pamlico County, North Carolina, and c being more particularly described as follows: r¢ SEE ATTACHMENT A AFFIXED HERETO AND INCORPORATED 3 HEREIN RY REFERENCE. C �I TO HAVE AND TO HOLD the aforesaid tract or ""¢ 1v . parcel of land, and all privileges and appurtenances thereto belonging to the said party of the second part, it its successors and assigns, in,fee simple, to its only use RECEIVED FEB 10 Z017 DCM- MHD CITY .ewn�o ssu. II an.�..,cs • .,.son and behoof forever. tam M9 n•.-172 And the said parties of the first part for themselves and their heirs, administrators and executors, covenant with the said party of the second part, its successors and assigns, that they are seized of said premises in fee and have the right to convey in fee simple; that the same are free and clear from all encumbrances except as above set out; and that they do hereby forever warrant and will forever defend the title to the same against the claims of all persons whomsoever. This conveyance is made to transfer title from Grantors to an entity owned by Grantors as part of a change of organization. rN TESTIMONY WHEREOF, the said parties of the first part, have hereunto set their hands and adopted as their seal the typed word -SEAL- appearing by their name, this day and year first above written. i� (SEAL) G/A/I2I�A17D C. E (SEAL) DEBORAH w. FULCKER RECEIVED FEB 10 2017 DCM- MHD CITY NORTH CAROLINA (r rr,i.... COUNTY sm 309 a-:17:3 ,. \ .. ., a Notary Public of said County and state, do eh reby certify that GARLAND C. FULCHER and Wife, DEBORAH FUL.CHER, personally appeared before me this day and acknowledged the due execution of the foregoing Deed of Conveyance for the purposes and intents therein expressed. Witness my hand and notarial seal this the \•.- day of 1995. N. PUBLIC NY Commission Expires: �'... .;: ECG �yi w �O..d2 STATE OF NORTH CAROLINA COUNTY OF CRAVEN certificate as certauea uo no correct. unis instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Craven County, North Carolina in Bo , aga This //o day of ���//_ 1995 at /� 7 c / IO. BY: ' �J - i/ GB TER OF DEEDS Assistant/DepittV o:pi.�oogmmner.aRa I� �I RECEIVED FEB 10 Z017 DCMT MHD CITY Boa .JM rs•r 174 ._ Y.. yit3lzIN In the Town of Oriental, beginning at a point on the high water mark of Oriental Harbor also known as Raccoon Creek marked by an iron stake which beginning point is looted by the following reference: starting at the United States Coast and Geodetic survey monument bench, said monument being marked M165 (1963), and located it the vicinity of the intersection of Wall Shmet and South Avenue in the Town of Oriental, Pamlico County, North Carolina, and running from said bench mark south 68 degrees 17 minutes 50 seconds west 318.31 feet to a point which is identified as being the northwest intersection of South Avenue and Avenue A and running thence south 12 degrees 25 minutes east 50 feet to a point marked by railroad iron which point is witnessed by a United States Coast and Geodetic survey monument marked N 163 (1963), thence south 77 degrees 35 minutes west 100 feet to a point marked by an iron stake, thence north 57 degrees 28 minutes 56 seconds west 29.75 feet to the point of beginning. Thence from said point of beginning south 57 degrees 28 minutes 56 seconds east 29.75 fat to a point marked by an iron pipe. Thence from said point north 77 degrees 35 minutes east 100 feet to a railroad iron, said point being witnessed by United States Coast and Geodetic monument N163 (1963). said point also being in the western right of way of Avenue A running thence from said point south 12 degrees 25 minutes cast 182.44 feet to an iron pipe at the high water mark of Neuse River. Thence running with the high water mark of Neuse River the following courses and distances: south 56 degrees 46 minutes west 63.83 feet. Thence south 62 degrees 33 minutes west 300.16 feet to a point. Thence north 44 degrees 45 minutes west 62.73 feet to a point. Thence from said point south 86 degrees 34 minutes west 68.05 feet to a point. Said point being where the high water mark of Neuse River would intersect with the high water mark of Raccoon Creek also known as Oriental Harbor the following courses and distances: north 33 degrees 51 minutes cast 270.96 feet. Thence continuing with the high water mark of Raccoon Creek the complement of the follottring course: north 47 degrees 10 minutes 47 seconds east 104.49 feet. Thence continuing with the high water mark of Raccoon Creek the following courses and distances: north 88 degrees 42 minutes 54 seconds cast 20.08 feet to a point. Thence north 60 degrees 30 minutes 58 seconds east 12.45 feet to a point. Thence with 75 degrees 39 minutes 50 seconds east 11.76 feet to a point. Thence north 71 degrees 45 minutes 38 seconds east 9.12 feet to the point of beginning. This conveyance is made subject to that certain easement conveyed by Fred A. Whorton, Jr. and wife to The Town of Oriental by deed dated October 7, 1955 and recorded in Book 118 at Page 479, Pamlico County Registry, said easement being a license to the Town of Oriental to enter upon said land for the construction and maintenance of the rubblemound breakwater which extends into the water between Neuse River and Raccoon Creek. RECEIVED FEB 10 2017 DCM- MHD C RETURNED TO: Dl b 1a 9— DATE RETURNED: 5 --7 ,' 3 loll e ID R�eOorded: 06/06/40130003 3 " p 1lC:15 Pn Fee Mt: {T6.00 Pepe 1 Of 0 Revenue Tax: $0,00 Pea11GO. NC Lynn N. Leine Register of Deeds 9K580 Pa16-18 Prepared by/Return to: Sam L. Delamar, Delamar & Delatnar, PLLC, Attorneys at Law, P.O. Box 411, Bayboro, N.C. 28515 (without benefit of a title examination) N.C. Excise Tax - $0.00 NORTH CAROLINA GENERAL WARRANTY DEED PAMLICO COUNTY This deed, made and entered into this day of M A x , 2013, by and between Bay City Lodge, Inc., a North Carolina Corporation, hereinafter referred to as "Grantor"; and Fulcher Point, LLC, a North Carolina Limited Liability Company, hereinafter referred to as "Grantee". Grantor and Grantee's mailing address is: P.O. Box 250, Oriental, NC 28571. WITNESSETH: That said Grantor, for and in consideration of valuable consideration paid to Grantor, the receipt of which is hereby acknowledged, does grant, bargain, sell and convey unto the Grantee in fee simple all that certain tract or parcel of land lying and being in Number Two (2) Township, Pamlico County, North Carolina, and more particularly described as follows: TRACT ONE: All that certain tract or parcel of land lying and being situate in Number Five Township, Pamlico County, North Carolina and being more particularly described as follows: Located in the Town of Oriental, North Carolina, and beginning at an iron stake on the north line of South Avenue, on the southwestward corner of Dr. O.C. Daniel's property, and running with his southwestward line to the channel of Raccoon Creek; thence at right angels to the first described line in a southwestwardly direction 71 feet; thence parallel to the first described line to South Avenue, to an iron stake; thence following the northern tine of South Avenue about 95 feet to the beginning. Embracing all the lands owned by the said W.F. Midyette on the southwest side of Dr. O. C. Daniel's lot touching South Avenue and running as far out in Raccoon Creek as riparian rights will permit the party of the first RECEIVED FEB 10 2017 DCM— MHC CONPTY Book: 580 Page: 16 Seq: 1 Book: 580 Page: 16 Pop or3 part to convey. Angle of line joining Dr. Daniel's is North 550 West as it leaves South Avenue. Being the same property described as Tract 1 in that certain deed dated May 3, 1995 from Garland F. Fulcher and Gracie L. Fulcher to E. Sherrill Styron and wife, Phyllis H. Styron and recorded in Book 304 at Page 936, Pamlico County Registry. TRACT TWO: All of the right, title and interest of Garland F. Fulcher and wife, Gracie L. Fulcher in and to the property conveyed to Garland F. Fulcher by deed dated March 28, 1995 from Ann Wadley Wing and recorded in Book 304 at Page 98, in the office of the Register of Deeds of Pamlico County. The conveyance of the above -described Tract One and Two is made subject to the easements, rights of way, and other matters of public record. Said property was acquired by Grantor by deed recorded in Book 575, Page 515, Pamlico County Registry, and is all of Parcel # J082-423, according to the Pamlico County Tax Collector. To have and hold the aforesaid tract or parcel of land and all privileges [hereunto belonging in fee simple forever. And Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and fiee and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property described above is subject to ad valorem taxes for the current year and utility easements and restrictive covenants of record, if any. The designation Grantor and Grantee as used herein shall include the parties hereto, their heirs, successors, assigns and legal and/or personal representatives. In Testimony Whereof, said Grantor has caused this instrument to be signed in its corporate name by its duly authorized officer by authority of its Board of Directors, the day and year first written above. RECENED VEB 10 ZV pCM_ MHp CITY Book:580 Page: 16 Seq:2 Bach: SW Page: 16 Pege 2 of 3 BAY CICY LODGE, INC. B. Y G. C istopher Fold er, President If marked or initialed, the property includes the primary residence of at least one of the Grantors, otherwise, note as N/A. (per NC GS § 105-3172) NORTH CAROLDL A PAMLICO COUNTY Notary Public of said County, do hereby certify that G-lChnstopher Fulcher, personally came before me this day and acknowledged that he is president of Bay City Lodge, Inc., and that he, as president, being authorized to do so, acknowledged, on behalf of Bay City Lodge, Inc., the due execution of the foregoing instrument. Witness my hand and official scat, this the fig_ day of t7✓%ar62 oi0/3 , 2013. t— r Public Signature My commission exptr7 N O T A g y •. �o'•. P U B L I C;'I r.: •..... •:J .; RECEIVED FEB 10 2017 DCM- MHD CITY Book:580 Page: 16 Seq: 3 Bodo: Sae Page: 16 Page 3 of 3 RETURNED TO' t'� "ffi1 if DATE RETURNED: ( 7 • I P-1 Z Doc ID: 002105780004 TYPO: 0RP Recorded: 12/17/2012 at 03:56:48 PM Fee /ut: $26.00 Pape 1 of 4 Revenue Tax: $0.00 Paellco, ac Lynn H. Loins Register of Deeds sx575 PD146-149 Prepared by/Retum to: Sara L. Delamar, Delamar & Delamar, PLLC, Attorneys at Law, P.O. Box 411, Bayboro, N.C. 28515 (without benefit of a title examination) N.C. Excise Tax - $0.00 NORTH CAROLINA GENERAL WARRANTY DEED PAMLICO COUNTY This deed, made and entered into this 13d' day of December, 2012 by and between, G. Christopher Fulcher and wife Deborah W. Fulcher, hereinafter referred to as "Grantor"; and Fulcher Point, LLC, a North Carolina Limited Liability Company, hereinafter referred to as "Grantee". Grantor and Grantee's mailing address is P.O. Box 252, Oriental, NC 28571. WITNESSETH: That said Grantor, for and in consideration of valuable consideration paid to Grantor, the receipt of which is hereby acknowledged, does grant, bargain, sell and convey unto the Grantee in fee simple all that certain tract or parcel of land lying and being in Number Two (2) Township, Pamlico County, North Carolina, and more particularly described as follows: TRACT ONE: On the southeast side of Raccoon Creek or Oriental Harbor, and on the west side of Avenue "A", BEGINNING in the western edge of Avenue "A" at a point which is the following three courses and distances from an existing nail in the centerline intersection of South Avenue and Wall Street: South 770 37' 15" West with the centerline of South Avenue 264.78 feet; thence South 120 24' East to and with the east side of Avenue "A" 80.66 feet; thence South 770 36' West crossing Avenue "A" 29.92 feet to the point of BEGINNING; thence from the beginning point as thus located South 760 47' 43" West 98.09 feet; thence North 590 02' 42" West 2638 feet to the mean high water line of Raccoon Creek; thence along and with said high water line of said creek and Oriental Harbor the following four courses and distances: North 630 33' 07" west 28.48 feet, thence North 840 27' 32" West 13.73 feet; thence South 650 31' 03" West 4637 feet; thence South 33a 38' 18" West 329.33 feet; thence leaving the harbor and running North 880 06' 16" East 120.91 RECEIVED FEB 10 2017 DCM— MHD CITY Book:575 Page: 146 Seq:1 Book: 575 Fags: 146 Pegs 1o14 feet; thence North 63e East 185 feet; thence North 310 29' 48" East 197.51 feet to the western edge of Avenue "A"; thence North 120 24' West with the avenue edge about 33 feet to the point of BEGINNING, containing 1.31 acres, more or less, and being TRACT 1 as shown on a map by Dennis Fornes & Associates, dated February 6,1998. Said tract was acquired by Grantor by deed recorded in Book 345, Page 717, Pamlico County Registry, and is all of Parcel # J082426-1, according to the Pamlico County Tax Collector. TRACT TWO: In the Town of Oriental on the south side of South Avenue, west side of Wall Street and north side of the Neuse River and beginning at an existing concrete monument at the intersection of the southern edge of South Avenue with the western edge of Wall Street, thence from said POINT OF BEGINNING South 120 25' 00" East with the edge of Wall Street 264.53 feet to the edge of Neuse River, thence with said shoreline the following three course and distances: South 79- 01' 19" West 41.10 feet, South 79e 35' 41" West 6931 feet, South 79e 48' 44" West 39.60 feet, thence North 12e 25' 00" West 259.52 feet to the southern edge of South Avenue, thence North 77e 35' 00" East with said street 149.93 feet to the POINT OF BEGINNING containing 0.903 acres, more or less. Said lot being that parcel conveyed by the Town of Oriental to Carl M. Neuerburg by deed dated August 5,1959 and recorded in Deed Book 126 at page 269, Pamlico County Registry, and also being three separate lots conveyed by Frank S. Bell, Ruth Willie Spruill and Jack G. Mason. It also being shown on a survey and map prepared by Kendall E. Gaskins, PLS, dated June 14, 2005, entitled "SURVEY FOR GARLAND C. FULCHER & WIFE DEBORAH W. FULCHER", copy of which is attached to the deed recorded in Book 450, Page 413, Pamlico County Registry, and incorporated herein by reference. Said property was acquired by Grantor by deed recorded in Book 450, Page 413, Pamlico County Registry, and is all of Parcel # J082-429, according to the Pamlico County Tax Collector. t�i ;aCall W Y I tN1TaF TRACT THREE A: All that certain tract of land lying and being in the Town of Oriental, Pamlico County, North Carolina and being more particularly described as follows: Beginning at an iron pipe in the northern right of way line of South Avenue, said iron pipe being located South 74 degrees 25 minutes West 173.00 feet from the intersection of the northern right of way line of South Avenue and the western right of way line of Wall Street; thence from said point of beginning North 55 degrees 00 minutes West 190.00 feet to a point in Raccoon Creek; thence continuing South 35 degrees West 32.00 feet to a point; thence South 55 degrees East 94.54 feet to an iron pipe near the shoreline of Raccoon Creek; thence RECEIVED FEB 10 2017 DCM- MHD CITY Book: 575 Page: 146 Seq:2 Book: 575 Page: 146 Page 2 of continuing South 55 degrees 00 minutes East 69.16 feet to an iron pipe in the northern right of way line of South Avenue; thence along and with said northern right of Way line of South Avenue North 74 degrees 45 minutes East 41.42 feet to the point of beginning containing 5660 square feet more or less, according to a survey prepared by Robert M. Chiles, P. E. dated September 22, 1992, a copy of said map being attached hereto and incorporated herein by reference. Being the same tract as the First Tract described in that certain Deed recorded in Deed Book 108, Page 99 of the Pamlico County Registry, TRACT THREE B: All that certain tract of land lying and being in the Town of Oriental, Pamlico county, North Carolina and being more particularly described as follows: Beginning at an iron pipe in the northern right of way line of south Avenue, said iron pipe being located South 74 decrees 25 minutes West 173.00 feet from the intersection of the northern right of way line of South Avenue and the western right of way line of Wall Street, thence from said point of beginning along and with the line of the above described First Tract North 55 degrees 00 minutes West 190.00 feet to a point in Raccoon Creek; thence North 35 degrees 00 minutes East 7.00 feet to a point; thence South 52 degrees 53 minutes East 88.60 feet to an iron pipe near the shoreline of Raccoon Creak; thence continuing South 52 degrees 53 minutes East 101.53 feet to the point of beginning containing 665 square feet more or less, according to a survey prepared by Robert M. Chiles, P. E. dated September 22, 1992, a copy of said map being attached hereto and incorporated herein by reference. Being the same tract as the second Tract described in that certain Deed recorded in Deed Book 108, Page 99 of the Pamlico County Registry. Said property was acquired by Grantor by deed recorded in Book 285, Page 754, and is all of Parcel # J082422, according to the Pamlico County Tax Collector. To have and hold the aforesaid tract or parcel of land and all privileges thereunto belonging in fee simple forever. And Grantor covenants with Grantee that Grantor is seized of the 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 persons whomsoever, except for the exceptions hereinafter stated. Title to the property described above is subject to ad valorem taxes for the current year and utility easements and restrictive covenants of record, if any. RECEIVED FEB 10 2017 DCM- MHD CITY Book: 575 Page: 146 Seq: 3 Boole 575 Page: 146 Page 3 of 4 The designation Grantor and Grantee as used herein shall include the parties hereto, their heirs, successors, assigns and legal and/or personal representatives. In Testimony Whereof, said Grantor has/have hereunto set their hands and seals has, the day and year first written above. (SEAL) (SEAL) G. Chris o er ulcher Deborah W. FulcfWr If marked or initialed, the property includes the primary residence of at least one of the Grantors, otherwise, note as N/A. (per NC GS § 105-317.2) Pamlico County, North Carolina I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: G. Christopher Fulcher and wife Deborah W. Fulcher. Date: /a211-5 // a'L "-� &-l* 0 E cial Signature of Notary Notary Public Notary Public Printed Name My commission explCc�` NOTARY PUB IL or Appear In Above Box RECEIVED FEB 10 2017 DCM- MHD CITY Book: 575 Page: 146 Page 4 o14 Book: 575 Page: 146 Seq:4 'DIQhe- RETURNED T0: Miller DATE RETURNED: NORTH CAROLINA CRAVEN COUNTY U.30633 Doc ID: 002607690004 Type: CRP Recorded: 10/13/2016 at 10:25:01 AM Fee Amt: $26.00 Page 1 of 4 Pamlico, NC Lynn N. Lewis Register of Deeds BK618 PB633-636 BEFORE THE BOARD OF COMMISSIONERS OF THE TOWN OF ORIENTAL Application of Mr. Christopher Fulcher For a Special Use Permit for Real Property SPECIAL USE Located at 101 South Ave PERMIT Oriental, N.C. THIS APPLICATION FOR SPECIAL USE PERMIT, came on before the Board of Commissioners of the Town of Oriental ("Board") at a public hearing conducted on September 22, 2016 at its scheduled Meeting in the Town Hall Board Room located at 507 Church St in Oriental, North Carolina. After considering evidence and statements from the Applicant, and Town staff, the Board finds the facts as follows, and directs the issuance of this special use permit subject to the conditions contained herein: Findings of Fact 1. Mr. Chris Fulcher ("ApplicanfD filed an application for a Special Use Permit with the Town of Oriental to construct a boat wash on the real property located at 101 South Ave in Oriental, North Carolina ("Application"). The real property is further identified by Pamlico County Tax Parcels 0082-426 ('Subject Property`. 2. The Subject Property is located in zoning districts identified as MU-1 by the Town of Oriental. 3. The matter came on for hearing before the Board on October 4, 2016. All notice requirements of the Growth Management Ordinance (GMO) of the Town of Oriental were satisfied. 4. The Applicant proposes to construct a boat wash on the Subject Property. Each of the identified primary uses for the Subject Property is a permitted use in a MU-1 and zoning district. 5. Testimony was offered by Ms. Diane Miller, the Land Use Administrator for the Town of Oriental that the requested special use permit is within the Board of Commissioners' Page Iof4 RECEIVED FEB 10 2017 DCM- MHD CITY ut`U6 l jurisdiction according to the Town of Oriental GMO table of permissible uses. No opposing evidence was offered 6. Testimony was offered by Ms. Diane Miller that the Application is complete. No opposing evidence was offered. 7. Testimony was offered by Ms. Diane Miller that if completed as proposed in the Application, the development will comply with all of the requirements of the Town of Oriental GMO. No opposing evidence was offered. 8. Testimony was offered by the Applicant's representative and Ms. Diane Miller that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved in that the proposed development is required to further be permitted by CAMA, DWQ, DENR, and several other state and federal agencies, who will be notified in the course of a CAMA Major Application. No opposing evidence was offered. 9. Testimony was offered by the Applicant's representative that the proposed project will not have an adverse effect on the value of adjoining or abutting property given the commercial nature of the existing parcel and the high quality of the proposed development. No opposing evidence was offered. 10. Testimony was offered by the Applicant's representative that the location and character of the use of the Subject Property, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town. The Applicant's representative noted that the proposed use of the subject property is permitted by the existing zoning ordinance. No opposing evidence was offered. Conclusions 1. The Board, after reviewing all of the evidence offered, concludes that the Applicant has offered competent, material, and substantial evidence to satisfy the six (6) elements required by Code Section 86 for the issuance of a special use permit as follows: (a) The requested permit is within the Board's jurisdiction according to Section 86.1.4.1 of the GMO and all relevant sections of the Code of the Town of Oriental. (b) The Applicant's application for a special use permit is colRlEC E I V E D Page 2 of 4 FEB 10 2017 DCM- MHD CITY 30635 (c) If completed as proposed in the Application, the development will comply with all of the requirements of the Town's GMO. (d) The use of the Subject Property will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. (e) The use of the Subject Property will not substantially reduce the value of adjoining or abutting property. (f) The location and character of the use of the Subject Property, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town. The Permit is issued with the following conditions, as agreed to by the Applicant in the Hearing: (1) This approval is subject to the condition that the business owner be compliant with all CAMA, State, Local, and County Laws and processes and procedures/regulations concerning the installation and operation of the proposed boat wash; and (2) That a standard procedure include a shroud to be in place during boat wash operations; and (3) All DEQ, CAMA, State, Local, and County laws and processes/procedures and regulations regarding any sanding, stripping accomplished are followed, including a collection system that prevents airborne or drainage carried contaminants into the ground or toward the Neuse River or Raccoon Creek; and (4) That the solid/liquid waste from the boat wash holding tank will be pumped out, recorded, and moved offsite to a proper disposal facility by the business owner. The business owner will be responsible for keeping a log book including dates of the pumpout, waste carrier, disposal facility and quantity. The business owner will provide access to these records to the Town and other entities for periodic review; and RECEIVED FEB 10 2017 Page 3 of 4 DCM- MHD CITY uub3G (5) That, all hazardouse wastes, chemicals or materials be handled and stored in a legal and appropriate manner; and (6) The business owner will install a pumpout station for heads; and (7) That the business owner enclose currently unroofed structure that will be used to sand/ paint, and fit with an air filtration system for use during those operations. This Special Use Permit is subject to the restrictions of expiration as noted in Section 97 of the Growth Management Ordinance. IN WITNESS WHEREOF, the Town of Oriental has caused this permit to be issued this 0 day of October, 2016. T MAYOR Q(�"'Lrmf TOWN CLERK Q, :� Q : t a .r s co ' copy hand �eGvcreda �ece�ve�l by 9plan-f CEIVED Alm FEB 10 2011 Page 4 of 4 DCM- MHD CITY RETURNED TO. usrvbY- DATERETURNED: IIIIIIIIIIIIIIIIII Doc ID: 06 06/2011002 TVP.: GIP Meordad: Oa/Oa/2019 .t t)8:0a:21 Nt F.Aat: J,6. P.O.1 of 2 Pullco, NC Lynn R. Lwl. Realtor of Deal. eK580 Pa937-938 ORDER CLOSING PORTION OF SOUTH AVENUE RIGHT-OF-WAY WESTERN TERMINUS AT RACCOON CREEK IN THE TOWN OF ORIENTAL WHEREAS, the Board of Commissioners of the Town of Oriental has deemed it advisable to close the westem terminus of South Avenue at Raccoon Creek in the Town of Oriental; and WHEREAS, the Board of Commissioners adopted a resolution on May 24, 2012 declaring its intent to consider closing said street and calling for a public hearing on the question to he held on July 3, 2012 at 7:00 PM; and WHEREAS, the duly advertised public hearing was conducted by the Board of Commissioners on July 3, 2012, at which time all interested parties were given an opportunity to be heard; and WHEREAS, it has been made to appear to the satisfaction of the Board of Commissioners that no owner of property within the vicinity of said street right-of-way as described in said resolution would thereby be deprived of reasonable means of ingress, egress and regress to his, its or their property; that the closing of said streets or rights -of -way is not contrary to the public interest; and that the said sours and rights -of -way should be closed; NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF ORIENTAL: Section l: That the closing of the street right-of-way is not contrary to the public interest in that the Town avoids the expense of cleaning up the site from decades of use as a marine railway and boat repair facility, the risk of enviroomemal liability stemming from such use, dredging and shorn stabilization and risks of liability from injury or illness on the property or costs of securing it to bar entry until it is deemed safe for public use as a right of way and water access. That no person, Irrtn or corporation owning property in the vicinity of said street rights -of -way would be deprived by the street closing of reasonable means of ingress, egress or regress to his, its or their property. Section 2: That the following described street right of way be and the same hereby is closed, by the Board of Commissioners of the Town of Oriental under the authority of and pursuant to Section 160A-299 of the North Carolina General Statutes: RECEIVED FEB 10 2017 DCM— MHD CITY Book:580 Page: 937 Seq: 1 Book: %0 Pegs: 937 Page o12 All of the western terminus of South Avenue in the Town of Oriental that extends from a line located and described as follows: beginning at an iron pipe found in the northern margin of the right of way of South Avenue, a corner, now or formerly, with Johnson -Lennon, LLC, which beginning point is located the following two courses and distances from the point of intersection of the centerlines of South Avenue and Wall Street; N 25" 1T 22" E, 3&89 feet to rebar round near the northern margin of South Avenue; S 75° 41' 02" W, 212.41 feet; and running from said beginning point S 140 01' 49" E, 60 feet to a point in the southern margin of South Avenue, westwardly from said line to the waters of Raccoon Creek according to a plat of survey dated May 1, 2012 by Dennis Formes & Associates, Professional Land Surveyors, and entitled "TOWN OF ORIENTAL PROPOSED STREET CLOSINGS AND PROPERTY CONVEYANCES." Section 3: That the Town of Oriental hereby reserves all public utility improvements and easements within the street right-of-way closed by this order, so that such public utilities may be Focated, relocated, serviced and maintained within such closed street right-of-way. Section 4: That this Order shall be in full force and effect from and after is adoption, as required by law, and is recordation in the Office of the Register of Deeds of Pamlico County. ADOPTED THIS 2nd DAY OF APRIL 2013. ' W .SAGE,MAYOR ROBER J. MA F A ER, T WN CLERK NORTH CAROLINA---PAMLICO COUNTY 1, a Notary Public for the county and State aforesaid, hereby certify that William R. Sage and Robert J. Maxbauer, both personaliy known to me, personally appeared before me this day and acknowledged that they are the Mayor and Town Clerk, respectively of the Town of Oriental, North Carolina, and that they have voluntarily executed the foregoing instrument, pursuant to authority duly given by the Oriental Board of Commissioners. WITNESS my hand and official Notary seat or stamp. This the . day of June, 2013. Notary Public 1 `` VtLYN�%. My Commission Expires: II"I°"o7D,[_ :�'�P� CO �OTgq` � A�/BL1G ?v. RECEIVED FEB 10 2017 DCM- MHD CITY Book: 580 Page:937 Seq: 2 Bode: 580 Peg.: 937 Page 2 of 2 ROY COOPER Governor MICHAEL S. REGAN Seerelory BRAXTON C. DAVIS Direelor Coastal Management ENVIRONMENTAL QUALITY October 18, 2017 Chris Fulcher PO Box 250 Oriental, NC 28571 Dear Mr. Fulcher: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the Fulcher Point LLC property located adjacent to Raccoon Creek at 101 South Avenue in Oriental, Pamlico County. It was received on October 17, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is December 31, 2017. 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 October 17, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right- of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave 1 Morehead City, NC 28557 2528082808 T Fulcher Point LLC a ~ Page 2 of 2 10/18/17 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, t6 Brad Connell Coastal Management Representative Enclosure CC: Gregg Bodnar, Asst. Major Permits Coordinator Roy Brownlow, District Manager Dennis Fornes, Dennis Fornes & Associates PLS Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T LAMA PERMIT APPLIED FOIE PROJECT: Construct a i bulkhea and excavation adjacent to Raccoon Creek in Oriental. COMMENTS ACCEPTED THROUGH November25, 2017 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Fulcher Point LLC Brad Connell _ DCM c/o Chris Fulcher 400 Commerce Avenue PO Box 250 Morehead City, NC 28557 Oriental, NC 28571 (252)808-2808 Coastal Management ENVIRONMENTAL QUALITY October 18, 2017 The Pamlico News Legal Advertisement Section P.O. Box 510 Oriental, NC 28571 Re: Public Notice — Fulcher Point, LLC Dear Sir: ROY COOPER Governor MICHAEL S REGAN Secretary BRAXTON DAVIS Director Please publish the attached Notice in the November 1, 2017 issue of The Pamlico News. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, & "0 Brad Connell Field Representative Morehead City District Office Enclosure cc: Greg Bodnar Nothing ComparesT Stale ofNonh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 17, 2017. According to said application, Fulcher Point, LLC proposes to construct a 6-slip docking facility, excavation, and vinyl bulkhead adjacent to Raccoon Creek, at 101 South Avenue, Pamlico County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to November 25, 2017, 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. Please publish on: November 1, 2017 Nothing Compares.` Stain of North Carolina I Envhomnental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 2528082808 T TRANSMISSION JOURNAL T330SYOW1261 F670-Al4 TIME :10-18-201708:25 FAX NO.1 :12522473330 NAME DEQ-COASTAL NO. FILENO. DATETIME DURATION PGS TO DEPT MODE STATUS 103 644 09.2708:48 00:16 2 n92490857 EC 603 OK AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: Fulcher Point LLC Seafood Facility STREET ADDRESS: 101 south Avenue PO Box 250 Oriental, NC 28571 Please print: Property Owner: G. Chris Fulcher, dba Fulcher Point, LLC Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Dennis Fornes of Dennis Fornes & Associates (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: (252) 249-0123 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. RFCEpp ED SEP 2 2 2017 Q ®CM- MH® C11 Authorized Signature Authorized Signature I Complete items 1, 2, and 3. 1 print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailplece, or on the front if space permits. . Article Addressed to: O UJ ✓t ?o, p•r,ox 4�12, �rlrvtFa�l !J•G. Z�1 � IIIIIIII IIII IIIII I IIIIIIII hlllllll IIIIIII NI 9590 9403 0591 5183 2792 16 . w mrKx mansfer from service 18W I ❑ 7015 1730 0001 6059 4526 X ❑ Agent D. Is delivery abdress differellt from item 17 u re; If YES, enter delivery address below: ❑ No Service Type ❑ Priority Mall Express® Adult Slgleture ❑ Registered MallTM Adult Signature Restricted Delver ❑ Reoletered Mall Reprletet Cerltled Melt® Delivery Cetlled Mal Restricted Delivery ❑ Retum Receipt for Collect on Delivery Merchandise Cdllect on Delivery Restrl to Delivery 0 Signaum Conli metion- Insured Mall ❑ Signature Confirmation ill Restricted Delivery Restricted Delivery TOWN OF ORIENTAL PO Office Box 472 Oriental, North Carolina 28571 (252) 249-0555 — Fax (252) 249-0208 www.townoforiental.com manager@townoforiental.com October 4, 2017 Diane Miller, Manager, Town of Oriental6o PO Box 472 Oriental, NC 28571 Division of Coastal Management Morehead City Headquarters 400 Commerce Ave. Morehead City, NC 28557 RE: Fulcher Point LLC Application response from Adjacent Riparian Landowner Good Afternoon, While the Town of Oriental does NOT object to Mr. Fulcher's project (as revised and delivered to us 10-3-17, 3:40PM), we do have the following concerns. Attached find the requested response form and the revised DCM-MP-4 forwarded to us by Mr. Fornes. If you have additional questions, and to answer questions raised by the Town Board, please respond to me directly at manager@townoforiental.com or the mailing address above. Thank you in advance for your assistance. Issues with the application: RECEIVED OCT 10 2017 DCM- MHD CITY On DCM MP-1, page 2 of 4, the applicant indicates that the use is compatible with zoning, and requires an attached zoning compliance certificate. There is none attached, it requires a Land Use Permit, which has not vet been reauested. On DCM MP-1, page 3 of 4, 4n. the sewer system is not the Town's, but rather Bay River Metropolitan Sewer District. ON DCM MP-1, page 3 of 4, 5c. the applicant will track the dump trucks leaving the site with spoils and remove any that have been deposited on Town roads and be liable for any damage done by heavy equipment moving through Town on those same roads . On DCM MP-4, STRUCTURES f. and h. Boat (Travel) lifts have been amended by Mr. Fornes on 10-3-17 and are attached. On DCM MP-4, a I, we would prefer signage be erected noting NO SEWER DISCHARGE. On DCM MP-4, I, there are fuel handling facilities on -site and on the diagram. If noting no NEW facilities, we would like that corrected to no NEW. On diagram sheet 2 of 3, there were concerns voiced during the Town Board meeting October 3, 2017 about the dredging in the navigation channel and potential effects on the Oriental Yacht Club directly across Raccoon Creek from the operation. The following questions pertain to the applicant's General Permit 190000, and includes questions the adjacent owner has with respect to the permit granted to the applicant effective June 2, 2015 ECEIVED OCT 10 2o17 DCM- MHD CITY In noting Permit NCG 190000, granted to Point Pride Seafood, there is no evidence that the entity has applied for a No Exposure Exclusion according to 40 CFR §122.26(g). Having not obtained this exclusion, they must maintain a no exposure without a stormwater discharge permit. It is also noted that the permit granted restricts so that the Stormwater discharge allowed by the General Permit shall not cause or contribute to violations of Water Quality Standards. (bold print, Part I, page 2 of 2) According to Part II, 2. Stormwater Management Strategy, (b) secondary containment: "bulk storage of liquid materials, including petroleum products in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals: and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating Stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices, which shall be secured closed with a locking mechanism. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens, and dry weather flow, prior to the release of accumulated stormwater." We have seen no stormwater containment, visible adequate secondary barriers of the existing fuel to contamination, evidence of monitoring of stormwater on the property, which is nearly 100% impervious, and as such, a significant concern concerning discharge. According to Part II, Page 8, "Failure to monitor and report per the permit terms [requirement of grab samples, accidental discharge, reported on several occasions] may result in the Division requiring monthly monitoring and reporting for all parameters for a specifiRECEIVED OCT 10 2017 DCM- MHD CITY time period." We would like to know if these grab samples have been forwarded as required, and if not, if the Division has implemented additional required sampling because of that. According to Part II, Section C, Qualitative Monitoring Requirements, that monitoring of discharge must be performed during a measurable storm event: As early as October 2015 following the granting of this permit, the Town of Oriental experienced a significant rain/flooding event that put a large portion of the waterfront under water. Was there a sampling of stormwater during this event as required? If not, why not? We understand that existing facilities operating under these permits are still required to submit samples on an "at least annually" basis. Has this been done? Under Part III, Page 2 of 10, (3), the permit holder has a duty to mitigate: 40 CFR 122.41(d) requires the permit holder to take steps to mitigate or prevent any discharge in violation of the general permit "which has a reasonable likelihood of adversely affecting human health or the environment". Have any such measures been implemented? We understand that this permit should be renewed annually. Has it been renewed/ is it not required to be renewed? OCT 10 2017 DCM- MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Fulcher Point LLC Address of Property: 101 South Avenue Oriental NC (Lot or Street #, Street or Road, City & County) Agent's Name #: Dennis Fornes Mailing Address: 1266 Rnheft Rri rrnntshorn NC Agent's phone #: 0. I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. ZI have no objections t this proposal. I have objections to this p oposal. fee QQG� queS�io�s issues artf revised M,� If you have objections to whatis being proposed, you must notify the Division ofCoas1Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmanaaement.netlweb/cm/staff-listing orby calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. OCT 10 2017 I do not wish to waive the 15' setback requirement. DCM- MFiD CITY (Property Owner Information) u Si nature Garland Chris Fulcher Print or Type Name 101 South Street PO Box 250 Mailing Address Oriental. NC 28571 City/State/Zip (252) 249-0123 seafood (d).fulchersnc net Telephone Number/Email Address 09-18-2017 Date (Rip ian roperty Owner Information) Signatur Town of Oriental, NC Print or Type Name Mailing Address Oriental. NC 28571 City/State/Zip (252) 249-0555 manager townof oriental com Telephone Number/Email Address Date (Revised Aug. 2014) r01154 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (I) Is the docking facility/marina: ®Commercial ❑Public/Government ❑Private/Community, c. 0) Dock(s) and/or pier(s) (if) Number 3 (iii) Length 1a 90'. 1@112', 1Q48' (iv) Width init. 1@9', 1@10' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (III) Length 2f IN) Width 24_ (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 7 (ii) Number of slips existing 8 i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel []Open water; no dredging required []Other; please describe: k. Typical boat length: 100 m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 4 don in clusters; 3 existing+l proposed ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i)Are Finger Piers included? []Yes ®No If yes: (it) Number (III) Length _ (iv) Width (v) Floating ❑Yes []No f. (i) Are Boatlifts included? ❑ ®No If yes: (it) Number (]if) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; number of boats: _ ❑ Boat tempts); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Commercial Fishing I. (i)WIIthe facility be open to the general aubi litCEIVED [_]Yes®No t OCT 10 2017 DCM- MHD CITY 252-808-2808 :: 1-888-4rlcoasT :: www.nccoastalmananement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None C. Describe the disposal of solid waste, fish offal and trash. None generated by this operation d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of "No Sewage Discharge" signs proposed. N/A (it) Give the location and number of "Pumpoul Available" signs proposed. N/A I. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and nefroleum nmrfu&c N/A g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. There will be no fuel handling facilities on -site j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? RECEIVED N/A T 10 2017 I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM- MHD CI NIATY 252-808-2808 :: 1-888-4RCOAST :: www.nocoastalmanagement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is me marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? [--]Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) MThis section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (it) Number (!it) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) 91This section not applicable a. (i) Number (ii) Length (iii) Width BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length C. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Average distance from NHW, NWL, orwedands ®This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED OCT 10 2017 D M- MHD Cily 252-808-2808 :: 1-888-4RcoAST :: www.nccoastair anagement.net revised: 12127106 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 35' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 335' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ill If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 55, d. Water depth al waterward end of structure at NLW or NWL 13' below awl 8. OTHER ®This section not applicable a. Give complete description: Date 09-15-e017 Revised 10-03-2017 Project Name Fulcher Point Bulkhead and Dock Improvements Applicant Name Garland Christopher Fulcher Applicant Signature e mod B�-d1 Dennis A. Fornes for Christopher Fulcher RECEIVED OCT 10 2017 DCM- MHD CITY 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12127106 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Fulcher Point, LLC Address of Property: 101 South Avenue Oriental NC (Lot or Street #, Street or Road, City & County) Agent's Name* Dennis Fornes Agent's phone #: (252)249-0488 . •.. ...:.:._�ti:. r. ...�. . I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastaimanagement.netlweb/cm/staff-listing or by calling 1-8884RCOAST. No response is considered the same as no obiection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) cu Si nature Garland Chris Fulcher Print or Type Name 101 South Street PO Box 250 Mailing Address Oriental, NC 28571 City/State/Zip (252) 249-0123 seafood afulchersnc.net Telephone Number/Email Address 09-18-2017 SEP 2 2 2017 (Riparian Property Owner Information) Signature Town of Oriental, NC Print or Type Name PO Box 472 Mailing Address Oriental, NC 28571 City/State/Zip (252) 249-0555 manaaeratownof oriental.com Telephone Number/Email Address Date Date (Revised Aug. 2014) J 9/21/2017 0 0 * Dennis Fornes Dennis Fornes & Associates, PLS 1266 Roberts Rd. Grantsboro, NC 28529 Mr. Brad Connell NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Brad Connell, On behalf of Mr. Chris Fulcher, dba, Fulcher Point, LLC. I am submitting an Major Permit Application as detailed in the attached documents. This is being submitted for review and comment and or approval by those agencies having jurisdiction relative to the proposed project. There have been some major design changes and modifications to the project since the original submittal to your office in February of this year. The changes are reflected on the work plan sheets submitted herewith as well as the included Project Narrative. I have sent, by certified mail, a copy of the application documents ( work plan drawings, & Project Narrative) to the Town of Oriental, the only Adjacent Riparian Owner abutting this project. Thank you for your assistance . We look forward to hearing from you once the review is complete. (ely, Dennis Fornes Dennis Fornes Agent for: Fulcher Point, LLC Dennis Fornes & Associates, PIS cc. Mr. Chris Fulcher, Fulcher Point, LLC RECEIVED SEP 2 2 2017 DCM- MHD CITY Connell,•Brad" From: Connell, Brad Sent: Tuesday, October 03, 2017 10:58 AM To: 'ncsurv@gmail.com' Subject: Fulcher Point, LLC application revisions request ]Importance: High Mr. Fornes, This application package is thorough and well prepared. However, there are a couple of items that you need to address before the DCM can accept it as complete and begin the review process. They are as follows: 1. Project Narrative, #7: please note that parallel boardwalks in Zone 1 of the Neuse River Basin Riparian Buffer may not be a permittable activity per NCDWR rules; 2. Form DCM MP-1, 4c: please list both parcels; 3. Form DCM MP-1.4e: please include the sparse lawn grasses and native deciduous tree; 4. Form DCM MP-1, 6g: please also include CAMA General Permit #54371C issued on 9-1-2009; 5. Form DCM MP-4, 1c: please format these answers to fit the corresponding blanks and delineate individual measurements by commas; 6. Form DCM MP-4, 1e(iii)-(iv): please answer with specific measurements; 7. Form DCM MP-4, 1f: please revise (is 60' by 108' boatlift proposed?); 8. Form DCM MP-4, 1h: please revise (is travel lift proposed?); 9. Work Plan Drawings: on Sheet 2 of 3, please revise the "Existing Slips" to "proposed" (and reflect changes in Form DCM MP-4,1g) on the north end of the project area OR provide documentation that these slips have been previously authorized by the DCM. I look forward to receiving these revisions. If you have any questions in the interim, please do not hesitate to contact me. Respectfully, Brad Connell Field Representative NC Division of Coastal Management htto://oorta l.ncdenr.ore/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.gov 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. M' 10/16/2017 •00 Dennis Fornes Dennis Fomes & Associates, PLS 1266 Roberts Rd. Grantsboro, NC 28529 Mr. Brad Cornell NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Brad Connell, I am submitting revisions to Form DCM MP-1, and DCM MP-4 as requested by your office Via Electronic Mail received on October 3rd. Also included are revisions to work plan sheet two to relocate proposed dock along edge of Raccoon Creek to the waterward side of the proposed bulkhead. The project Narrative has also been revised to reflect these revisions and modifications. Thank you for your assistance. We look forward to hearing from you once the review is complete. Sincerely, Dennis Forces Dennis Fornes Agent for: Fulcher Point, LLC Dennis Fornes & Associates, PLS cc. Mr. Chris Fulcher, Fulcher Point, LLC RECEIVED OCT 17 2017 DCM- MHD CITY � n . .. ... ^,iai � ._. ._ . . ,. ' � !: �.,. �, .. _ ""--_ 10116/2017 Gmail - Fulcher Point, LLC application revisions request M Gmail Fulcher Point, LLC application revisions request 1 message Connell, Brad <brad.connell@ncdenr.gov> To: "ncsurv@gmail.com" <ncsurv@gmail.com> Mr. Fornes, Dennis Fornes <ncsurv@gmail.com> Tue, Oct 3, 2017 at 10:58 AM 0 LLI This application package is thorough and well prepared. However, there are a couple of items that you need to address before the DCM can accept it as > o complete and begin the review process. They are as follows: W r' r, U W U O �11/f� project Narrative, #7: please note that parallel boardwalks in Zone 1 of the Neuse River Basin Riparian Buffer may not be a permittable activity peF- NCDWR rules; ,,2 Form DCM MP-1, 4c: ,�2'Form DCM MP-1. 4e: Vf 4-Form DCM MP-1, 6g: �91r please list both parcels; please include the sparse lawn grasses and native deciduous tree; please also include CAMA General Permit #54371C issued on 9-1-2009; 5. Form DCM MP-4, lc: please format these answers to fit the corresponding blanks and delineate individual measurements by commas; ,fv--Form DCM MP-4, le(iii)-(iv): please answer with specific measurements; ,y. Form DCM MP-4, lf: please revise (is 60' by 108' boatlift proposed?); ,.&.-Form DCM MP-4, lh: please revise (is travel lift proposed?); Work Plan Drawings: on Sheet 2 of 3, please revise the "Existing Slips" to "proposed" (and reflect changes in Form DCM MP-4,1g) on the north end of the project area OR provide documentation that these slips have been previously authorized by the DCM. I look forward to receiving these revisions. If you have any questions in the interim, please do not hesitate to contact me. Respectfully, https://mail.google. mm/maiVu/0/9ui=2&ik=8cc1 e2318a&jsver--BN KYfl ymSO.en. &view-pt&q=brad.wnnell%40ncdenr.gov&qs=true&search=query&th=15ee2be9ebbOa236&siml=15ee2be9ebbOa236 1 /2 ,, ,.� _�_, ._ .. ,. r PROJECT NARRATIVE RECEIVED SEP 2 2 2017 FULCHER POINT, L-C, ORIENTAL, SCOPE OF PROJECT: PROPOSAL INCLUDES THE INSTALLATION OF BufflifLowlWaRy STRUCTURES ADJACENT TO THE EXISTING SEAFOOD DOCKING AND PROCESSING FACILITY OPERATED BY FULCHER POINT, LLC 101 SOUTH AVENUE, ORIENTAL, NC. PROPOSED CONSTRUCTION INCLUDES: 1. INSTALL SHEET VINYL BULKHEAD ALONG SOUTHEASTERN EDGE OF RACOON CREEK TO EXTEND SOUTHWARDLY FROM THE EXISTING BULKHEAD NEAR THE BOUNDARY WITH THE TOWN OF ORIENTAL TO THE EXISTING BUILDING LYING 145 FEET SOUTH OF THE EXISTING BULKHEAD 2. INSTALL NEW BULKHEAD PARALLEL TO AND+/- 3' WATERWARD FROM THE EXISTING BUILDING AND BULKHEAD (SEE WORKPLAN SHEET TWO) FOR DETAILS OF ALIGNMENT AND CONSTRUCTION. THE EXISTING BULKHEAD AND BUILDING ARE SHOWING SIGNS OF STRUCTURAL FATIGUE/FAILURE AND STEPS NEED TO BE TAKEN IN ORDER TO CORRECT THIS SITUATION AND MINIMIZE FURTHER STRUCTURAL FAILURE. THE PROPOSED NEW BULKHEAD WOULD CONSIST OF 1" THICK SHEET VINYL SUPPORTED BY DOUBLE WALERS AND 12" DIAMETER OR EQUAL TIMBER PILES. THE NEW WALL WOULD BE BOLTED THROUGH EXISTING PILING ALONG THE EXISTING BULKHEAD AND BUILDING FOUNDATION. IN ADDITION, EXISTING PILING CURRENTLY LOCATED BELOW THE "GRASSED AREA" (SEEWORK PLAN SHEET 3) WOULD BE USED AS AS DEADMAN TIE BACKS IN SUPPORT OF THE NEW BULKHEAD. IT IS PROPOSED TO CREATE A CASSION BETWEEN THE OLD AND NEW BULKHEAD STRUCTURES. DEWATER, AND FILL VOID BETWEEN BULKHEADS WITH COMPACTABLE SAND LOAM MATERIAL. ANY TRAPPED MARINE LIFE WILL BE REMOVED TO THE EXTENT POSSIBLE PRIOR TO BACKFILLING OPERATIONS. 3. DOCK MODIFICATION AND CONSTRUCTION: THE DAILY OPERATIONS AND USE OF THE PROPOSED DOCKS WILL BE SOLELY FROM LARGE COMMERCIAL FISHING VESSELS.THIS TYPE USE REQUIRES A LARGER DOCK PLATFORM IN ORDER TO PROVIDE STOCKING, SERVICE, AND MINOR REPAIRS TO DOCKED VESSELS. THE DOCK PLATFORM NEEDS TO BE OF SUCH CHARACTER AND SIZE TO SUPPORT SMALL TRACKED OR RUBBER TIRED EQUIPMENT FOR STOCKING THE VESSEL(S) OR FOR LIFTING, REMOVAL AND REPAIR OF MECHANICAL COMPONENTS SERVICING THE VESSEL. IT IS FOR THOSE REASONS THAT IT IS REQUESTED TO CONSTRUCT DOCK PLATFORM(S) THAT EXCEED THE ALLOWABLE WIDTH OF 6 FEET. SEE WORKPLAN SHEET TWO FOR LOCATION, LENGTH, AND WIDTH OF PROPOSED DOCKS AND PLATFORMS. 4. NO UPLAND CONSTRUCTION OR LAND DISTURBING ACTIVITIES WILL BE UNDERTAKEN WITHIN ANY ENNIRONMENTALLY REGULATED AREAS PROVIDED HOWEVER, THE NAVY STYLE WALL WILL REQUIRE THE EXCAVATION OF AN AREA BETWEEN THE WALL AND THE DEADMAN PILES IN ORDER TO INSTALL TIE BACK ANCHORS BETWEEN THE WALL AND THE DEADMAN PILE(S) 5. DREDGING IS PROPOSED IN RACCON CREEK TO A DEPTH OF 13 +/- FEET BELOW NORMAL WATER LEVEL OF THE CREEK FINAL DREDGING DEPTHS TO BE IN COMPLIANCE WITH FEDERAL AND STATE REGULATIONS AND WILL BE PROPOSED AT DEPTHS THAT ARE DETERMINED FROM CURRENT CHANNEL SOUNDINGS AND PAST DREDGING It RECORDS c ,- 6. SEE DETAILED WORKPLAN SHEET TWO FOR ADDITIONAL WATERWARD STRUCTURES WHICH INCLUDE TIE OFF DOLPHIN PILES FOR SECURING VESSEL(S). 7. A 6 FEET WIDE, 145 FEET LONG WOOD PLANK SERVICE/ACCESS WALK IS PROPOSED TO PARALLEL THE BULKHEAD RUNNING ALONG THE SOUTHEAST EDGE OF RACCOON CREEK (SEE WORK PLAN SHEET TWO) 8. EVERY ATTEMPT HAS BEEN MADE TO CONSTRUCT THIS PROJECT WITHOUT ANY INCREASE TO POTENTIAL POLLUTANTS THAT ADVERSELY AFFECT THE ENVIRONMENT. (t- rP-)1 RECEIVED SEP 2 2 Z017 DCM- MHD CITY IN MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) hA North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Fulcher Point, LLC Proposed Bulkhead & Dock Improvements, Fulcher Point, LLC 101 South Avenue, Oriental, NC Applicant 1: First Name MI Last Name Garland Chris Fulcher Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 101 South Avenue PO Box 250 Oriental NC ZIP Country Phone No. FAX No. 28571 USA 252- 249 -0123 Md. 252- 249 -2337 Street Address (if different from above) City state ZIP Email 2. Agent/Contractor Information Business Name Dennis Fornes & Associates Agent/ Contractor 1: First Name MI Last Name Dennis A Fomes Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City state 1266 Roberts Rd. Grantsboro NC ZIP Phone No. 1 Phone No. 2 28529 252- 249 - D488 ext. 252 - 670 - 4216 ext. FAX No. Contractor # 252-249-2052 Street Address (if different from above) City State ZIP Email seafood@fulchersnc.net RECEivim <Form continues on back> SEP 2 2 2017 DCM- MHD CITY 252.808-2808 .. 1.088-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pamlico 101 South Avenue Subdivision Name Cily Slate Zip N/A Oriental NC - 28571 Phone No. Lot No.(s) (rf many, attach additional page with list) 252 249- 0123 ext. N/A , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Racoon Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Oriental 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1000 Linear ft. 76,250 sq. ft c. Size of individual lot(s) NIA d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) (If many lot sizes, please attach additional page with a list) 5.5 feet above❑NHW or ®NWL e. Vegetation on tract None t 1 �. -. La f. Man-made features and uses now on tract 1 Currently there is one major building existing on the site. The building serves multiple functions to include Administrative officals), seafood processing operations, offloading/onloading of commercial fishing vessels. Also included is an ice plant and refueling facilities. To the west of the major structure is an equipment/parts storage structure. The subject property forms a peninsula bordered by the Neuse river on the south, shoreline stabalization consists of large stone rip -rap along the edge of Neuse River connecting to a rock jetty protecting Oriental Harbor On the north side of the property is an existing bulkhead along the south bank of Racoon Creek. g. Identify and describe the existing land uses adiacent to the proposed project site. One the East side of the property is The Town of Oriental Public docks and Restrooms North of South Avenue. On the east side of the property and south side of South Avenue is Single Family Residential homesite. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Mu 1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> REGtIVtu SEP 2 2 2017 252.808.2808 :. 1.888-4Rk;k)r:b, .: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? []Yes [NNo (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []No N/A (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Town of Oriental Community System o. Describe existing drinking water supply source. Town of Oriental Water Supply p. Describe existing storm water management or treatment systems. Diffuse Flow 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The primary purpose of this project is to provide additional docking facilities for the growing fishing fleet of Fulcher Point, LLC. Secondary purpose is to repair the existing bulkhead adjacent to the existing building. The bulkhead shows signs of failing and may compromise the foundation and structural integrity of the building unless repaired and strengthened. 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. The project will proceed with the installation of the proposed bulkhead along the the southeastern shore of Raccoon Creek and adjacent to the existing building (see work plans). Dredging will proceed following completion of bulkhead construction. Dredging equipment will include barge mounted excavator. Dredging spoils to be loaded on Dump body trucks and transported to approved spoils site located at 20666 NC Highway 55, Merritt, NC. Tax Parcel 106-1 Pamlico County. Dock construction and platform construction shall follow dredging operations. d. List all development activities you propose. The project will consist of: 1. Installation of sheet vinylbulkhead along9 the Southeast Bank of Oriental Harbor usin�gg vibratory hammer attached to track mounted excavator. 2. Realign and repair existing bulkhead arong adjacent building (see work plans). Mod& and widen existing dock adjacent to Town of oriental Dock (widen to 9 feet). Construct docks: 1@112' long X 10' Wade; 1@ 48' long X 8' Wide. Construct 610 square feet loading/ offloading/ service platform adjacent existing building. construct 6 feet wide- 145' long service walkway along bulkhead on southeast edge of Raccoon Creek. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 3000 MSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes INNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stornwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ®No []NA If yes, attach a mitigation proposal. "c:%.,cry W.v <Form continues on back> SF G 2 2017 252-808-2808 :: 1-888.4RCOAST :: www.nccoasta nagetment.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (Q are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Town of Oriental Phone No. (252) 249.0555 507 Church street Address PO Box 472 Oriental, NC 28571 Name Phone No. Address Name Plane No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates. Permit # 92-11 dated July 29, 2011 h. Signed consultant or 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.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 0048~ Print Name Garland Christopher Fulcher yts�ZOl7 Signature CIAIM 1A 46A;iii� (-- < Please indicate application attachments pertaining to your proposed project. J 10 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information SEP 2 2 2017 MH® CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ®No (if) Number 3 - 1 LM 8' X 48'; 1 @10' X 112'; If yes: (111) Length 1@9'X90' (modified from 4' wide to 9' wide (if) Number (iv) Width varies (iii) Length (v) Floating ❑Yes ®No (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ®Yes ❑No f. (1) Are Boatlifts included? ®Yes ❑No If yes: If yes: (h) Number 1 (if) Number 1 (!it) Length varies (III) Length 108 platform totals 610 square feet (iv) Width varies (iv) Width 60 (v) Floating []Yes ®No Note: Roofed areas are calculated from ddpline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 5 ® Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 8 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("vet slips) only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: 100 m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of 8e pilings? 4 dolphin clusters; 3 existing+l proposed j. Describe the typical boats to be served (e.g., open runabout, charter [rats, sail boats, mixed types). Commercial Fishing (I. t- ( - — I � M n I 1. (1) Will the facility be open to the general public? ❑Yes ®No RECEIVED SEP 2 2 2017 MHD CITY 252.808-2809 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. None generated by this operation d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of "No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of "Pumpout Available" signs proposed. WA f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A ( t It. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. There will be no fuel handlina facilities on -site j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin gushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED N/A DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 3 of 4) m. Is the madna/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) 2gThis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (11) Number (III) Length (Iv) Width — Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. /f a rock groin, use MP-2, Excavation and Fill.) 29This section not applicable a. (1) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL orwedands i 6- MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline — Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED GD SEP 2 2 2017 252-808-2808 :: d-888.4RCOAST :: w .nccoastalmsnauement.net DCM" revised: 12/27/06 form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 35' Note: For buoy or mooring piling, use am of swing including length olvessel. c. Width of water body 335' e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 56 d. Water depth at waterward end of structure at NLW or NWL 13' below nwl & OTHER ®This section not applicable a. Give complete description: DateF- 0&18-2017 � Project Name Fulcher Point Bulkhead and Dock Improvements Applicant Name Garland Christopher Fulcher Appli ign lure L4e� RECEIVED SEP 2 2 2017 DCM- MHO CITY 252.808.2808 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 12.!27106 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Fulcher Point LLC LOCATION OF PROJECT SITE: The project is located adjacent to Raccoon Creek at 101 South Avenue, in Oriental, Pamlico County. Latitude: 35° 1'25.02"N Longitude: 76°41'44.75"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 9/21/17 Was Applicant or Agent Present No Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 10/17/17 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Town of Oriental (January 2008) Land Classification from LUP —Developed (Q (B) AEC(s) Involved: CS, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — municipal sewer Planned -none (F) Type of Development: Existing — commercial seafood processing facility Planned - vinyl bulkhead, excavation, & docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: 11 (A) Open Water 11 28,375 ft2 11 220 ft2 11 2,859 ft2 11 II (B) High Ground II II 3,000 ft2 II II (E) Total Area Disturbed: 31,595 ft2 (F) Primary Nursery Area: No (G) Water Classification: SC; HQW; NSW Open: No (H) Cultural Resources: None Proiect Summary: The applicant wishes to construct a docking facility and maintenance excavation for commercial use adjacent to Raccoon Creek, Pamlico County. ]Eield Investigation Report: Fulcher Point LLC Page 2 Narrative Description: The commercial property is located adjacent to Raccoon Creek at 101 South Avenue in downtown Oriental, Pamlico County. This property is currently undeveloped. The applicant's adjacent parcel is developed with commercial seafood processing facilities which include commercial docks. The adjacent riparian properties are owned by the town of Oriental, developed with a public wharf facility to the northeast and the terminus of a street right-of-way. The elevation of the high ground of the parcel is about 5.5' above the normal water level (nwl). Vegetation on the parcel mainly consists of lawn grasses. There are no Coastal Wetlands within the project area. The 0.2-acre parcel has approximately 146' of continuous shoreline along Raccoon Creek, a tributary of the Neuse River. Immediate offshore water depths adjacent to the parcel range from —P to —13' normal water level (NWL). The subaqueous substrate is soft without shell. There are existing dilapidated dock remnants approximately 40' from the shore. There are existing bulkheads on the adjoining properties that terminate at the property line. There is not a cultural resource in the nearby vicinity of the project area This waterbody is approximately 365' across at this location. These coastal waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation is not present at this location. This area is closed to shellfish harvest and is classified as SC; HQW; Nutrient Sensitive Waters. There is a defined Federal Channel to the northwest vicinity of this project area. This project area is subject to the Neuse River Riparian Buffer Rules. Proposed Development: The applicant proposes to construct a six -slip docking facility, vinyl bulkhead, and excavate within to Raccoon Creek, in downtown Oriental. The proposed development would take place 101 South Avenue, Pamlico County. The proposal would serve as an expansion to the adjacent commercial seafood facility's operations. A 146' long vinyl bulkhead is proposed along the northeast shoreline approximately along the nwl. It would be 1' wide, and 14.5' tall (as measured from the dredged substrate). This proposed vinyl bulkhead would tie into the existing bulkheads to the north and south. There is a 6' wide and 146' long wharf proposed immediately waterward of the proposed bulkhead. This will support the dockage of five 100'-long vessels. Each slip would be 28' wide and supported by four dolphin pilings at the waterward terminus of the slips. The sixth slip is proposed at the southern end. It would be 38' wide and 48' long. This sixth slip would be supported by a 10' wide and 103' long platform coupled with a 24' by 24' landing on its northeast side, and a 8' by 48' platform on the slip's south side. The proposed excavation would be within the area of the six proposed boat slips. This excavation would be approximately 130' wide and 200' long. It would connect to the -13' nwl depth contour at Brad Connell October 18, 2017 Morehead City Field Investigation Report: Fulcher Point LLC Page 3 within the Federal channel and would result in the removal of approximately 3,000 cubic yards. The spoil material would be removed and stored at an upland site located at 20666 NC Hwy 55, near Oriental. This excavation would be accomplished via a traditional "bucket to truck" methodology. Anticipated Impacts: The proposed excavation would impact 28,375 square feet of benthic habitat. The proposed docks and haul -out piers would shade 2,859 square feet of estuarine waters. The proposed vinyl bulkhead would result in the disturbance of 3,000 square feet of high ground. The proposed vinyl bulkhead would fill approximately 220 square feet of estuarine waters. Traditional marine construction methodology will be utilized during the construction of this project. Traditional silt fencing would be used for sedimentation and erosion control. Turbidity impacts are anticipated during excavation activities in Raccoon Creek. There is not a cultural resource in the nearby vicinity of the project area. This project area is subject to the Neuse River Riparian Buffer Rules. These waters of Raccoon Creek are not classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed. This area is closed to shellfish harvest and is classified as SC; HQW; Nutrient Sensitive Waters. There is a defined Federal Channel near the project area. Brad Connell October 18, 2017 Morehead City LU >W. \ \ \ SITE j VICINITY MAP Q /a (NOT TO SCALE) rs rr \ rR l/ l � �`� sae° / � /'� •a rgg ��V'�9 gp./a� g � � � � .J� %q F / / °'° _ i 33 r w •r � � 4 G r°ar °ar ar a Q9pF vp \ ti "P*o (e� r! p°! eAoma` \ss\ w °' ' a V- �ry \ > a° Gd� 11 M O O0 ° �A Yip' 30 �bF� , ra! •1 � t9 J4 Yg t4Q r� / REMNANTS OFOLD 44' ; t-A 4�r 40- gh`` sofa ^�� o f S � °y�+oy� w� A G/ 10 s9 \ c a44 � "iyi v ' A Q o°',5 AS CAq SEAL 3042s,"ol'+�G� S y� 5 `�: °icr° /�p�� opOpU .......... UR A FO��� EQ / PROJECT WORK PLAN SHEET ONE OF THREE$ "EXISTING SITE CONDITIONS"PROPOSED BULKHEAD D DOCK IMPROVEMENTS FULCHER POINT LLC SEAFOOD PROCESSING ACILPPY 101 SOUTH AVENUE. ORIENTAL. NC NUMBER FIVE TOWNSHIP, PAMLICO COUNTY GGFFP 2 2 2017a SEPTEMBER 12. 2017 SCALE: 1" = 50' (UNLESS NOTED OTHERM5Sf 0 25 50 100 150 DCM" MHD CITY GRAPHIC SCALE DENNIS FORNES & ASSOCIATES, PROFESSIONAL LAND SURVEYING,1288 ROBERTS RD.. GRANTSBORO, NC 28529 TELEPHONE: (252) 249-0488 SHEET ONE OF THREE .13.5 128' N _AVERAGE NORMAL WATER LEVEL OF CREEK�O,ga:_ -r.0' ORIENFAI HARBOR ER13iIN0 In (RACOON CREEK) -no, IN07 MVIN TO MAUI PROPOSED DREDGING SECTION (NOT TO SCALE) 148' PROPOSED SHEET VINYL — BULKHEADING — 8" diameter or equal timber piles 8 feet center to center Note: create enclosed cassion between old bulkhead and new proposed bulkhead. Suction trapped creek water and marine life and backfill with sand loam and compact - existing seafood processing building o esk Plan View Bulkhead Construction N Adjacent to Existing Building (Not To Scale) 4 n0 0 20' min... _ Orf,� 2& btuld..LU line grassed area (existing) A existing piling 4� • �r • D_ ��L. • %O-xN tCA&O✓,%, a� ��� Off• F...... Z/ U a �••Q,O �'9i�� m m SEAL u L3042 . r ' a.� SUfl��y�•��``� v ✓✓;;;."it ✓��S A. ;;;.i t�t� _ Navy Style Tieback 1 for bulkhead proposed along edge of Raccoon Creek. (Not Drawn to Scale) RECEIVED SEP 2 2 2017 N all C7 &l LU Cn V adjacent dock II II 7 d� �3 extstma but Ina stab normal water level So is w v wA E'S Section Proposed bulkhead repair & alignment adjacent to existing building overlap existing building comer 2' with new bulkhead tie proposed bulkhead to existing concrete foundation 21.0' EXISTING COOLER OFF LOADING STRUCTURE ORIENTAL HARBOR RACCOON CREEK PRELIMINARY WORK PLAN SHEET 'I'H'R I, I, EXISTING SITE CONDITIONS PROPOSED BULKHEAD AND DOCK IMPROVEMENTS FULCHER POINT LLC SEAFOOD PROCESSING FACILITY 101 SOUTH AVENUE, ORIENTAL, NC NUMBER FIVE TOWNSHIP, PAMLICO COUNTY SEPTEMBER 12 2017 SCALE: 1" = 30' (UNLESS NOTED OTHERWISE) SHEET THREE OF THREE DENNIS FORNES & ASSOCIATES, PROFbMfMAL DNffSLM9MNG,1266 ROBERTS RD., GRANTSBORO, NC 28529 TELEPHONE: (252) 249-0488 M aa, VICINITY MAP (NOT TO SCALE) 0 ,g0 Ay ��srsr jk, V Og _ /, 0 ,4 /9 ,AD // v 8e /' /. // 9iip ".0, , / r3B ,� �' 3s / � 1ok p SRA MS 41�$� W aW / �¢10 fjffl �pER\pp / PROJECT WORK PLAN SHEET TWO - 50 I I I s / PROPOSED BULKHEAD AND DOCK IMPROVEMENTS Psc 1 / FULCHER POINTSOUTH AVENUE, ORIENTAL,NG NC FACILITY �. 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L,3042 8 � ' r / U Is \ pPooUcr/sNv k'/4ry UJ IIEll9EkKR / � ___ VICINITY MAP (NOT TO SCALE) /2 �10 Cato / r 1 a f s \G�;� °aC\ / / • fga /'�� '°ropes A,� a FAl � �1 o� a �°° a TIr / 050 s,s o d8 lg �� ��� O • VIA o � o 1 y1 ^y 4 .9 o i Fo �_. -�� 4�°'�• GOB G lv2 "9v� 04 SG4 1 �e 5 Sq. a�.m 4 Gii° �l0��t ���.�Q� b�+l�'�yg�aa �x 04g G/ a4o � m° 1 0p / V/ 1 pp \ �°rlri � TAB, Qo °'• � \ g � S 1111111/// `N, 4Z 4k v4/ / `��P�N CARC /i C I f i Oq •QQO ti9� •9 �4��5 /C SEAL Jg``j JF PSE \ / L3042 47/' '4� i4a�0 yP� ' I. • �1 OQ• h� �J44 ��?P leF9P �PPFG \agsN ���6 L $ / / ��O••.;Yo rc1,.• �i ipQ an�� SCP� E1\S \lll ��FY S / / .gRF0��4� / µllllA 5� PROJECT WORK PLAN SHEET TWO PROPOSED BULKHEAD AND DOCK IMPROVEMENTSf �� �Q �pR FULCHER POINT LLC SEAFOOD PROCESSING FACILITY fS / 101 SOUTH AVENUE, ORIENTAL, NC iRECEIi g NUMBER FIVE TOWNSHIP PAMLICO COUNTY 0' SEPTEMBER 12, 2017 SCALE: V = 50' (UNLESS NOTED OTHERWISE) SEP 2 2 2017 05 0 25 50 100 150 DCM- MHD CITY GRAPHIC SCALE SHEET TWO OF THREE RECEIVED SEP 12 2017 DCM- MHQ CITY 5 Added sine Marking ProjeetLLnits for proposed Project. Added Joint mparian Line and I& structures setback EUmmated proposed shp Northeast of eAsting dock. ,11U1110p0�f \ .•OFE3S!«p••S SEtiL ; L3042 %% m;hs a c,s, , UNKC SCALE $p�S.TO a1s�caaSS `rC `W 'cF�pp\ \F�/4ry f oe#" / z QQo�� aq« Q Division of Water Resources Date (/2 Z - -�-�- 'ermit # - 17-e9 M V�- YQ•• Yl :4