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40-17 NMJ Properties LLC
Class Permit Number 40-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Ito NMJ Properties LLC., 403 East Fearing St. Elizabeth City,NC 27909 ?nz. mg development in Pasquotank County at adi. to the Pasquotank River at 43 Camden as requested in the permittee's application dated 1/5/17 including attached dated amit, issued on March 31, 2017 , is subject to compliance with the application (where ant with the permit), all applicable regulations, special conditions and notes set forth below. Any violation terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the bulkhead alignment, boardwalk, and grading and filling, all as expressly and specifically set forth in the attached permit application and workplan drawings. The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by DCM within a maximum of 30 days prior to the new expected start of construction. (See attached sheets for additional conditions) permit action may be appealed by the permittee or other d persons within twenty (20) days of the issuing date. permit must be accessible on -site to Department nel when the project is inspected for compliance. work or project modification not covered further Division approval. must cease when the permit expires on December 31, 2020 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. Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NMJ Properties LLC ADDITIONAL CONDITIONS 3) The bulkhead shall be constructed prior to any backfilling activities. Permit No. 40-17 Page 2 of 4 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) This permit authorizes only the excavation waterward of the approved alignment as depicted in the attached workplan dated 9/26/16. 6) The fill material shall be clean and free of any pollutants except in trace quantities. 7) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Easement 8) Prior to any construction authorized by this permit, the permittee shall determine if a modified easement shall be required from the Department of Administration's State Property Office. Boat Ramp 9) Unless specifically altered herein, this permit authorizes one gravel boat ramp, groins and associated docks as depicted in attached workplans as depicted on attached workplan dated 9/26/16. 10) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 11) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size that specified in the attached permit application and workplan drawings. Marina 12) 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 13) 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. LLC ADDITIONAL CONDITIONS Permit No. 40-17 Page 3 of 4 No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Any floating structure moored at the marina shall be in conformance with local regulations for on shore sewage treatment, regardless of whether or not such commitments are addressed by individual ,conditions of this permit. A boat may be deemed a floating structure when its means of propulsion has been removed or rendered inoperative and it contains at least 200 square feet of living space area. ='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. This permit authorizes a maximum of 10 additional formalized boat slips, for a total of 72 formalized boat slips at the authorized marina facility. Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. The marina facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). ..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. The permittee is strongly encouraged to develop a marina operations and spill disposal plan to prevent facility waste and other discharge from entering adjacent waters. Such discharges, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. USACE Conditions All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. NMJ Properties LLC ADDITIONAL CONDITIONS General Permit No. 40-17 Page 4 of 4 23) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 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) No attempt shall be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2017-00600). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 2017-0125. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. 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. 1 Received . Pelican Marina )AN _ 1017 431 US Highway 158 West, Elizabeth City, NC CAMA Major- Project Narrative DCM-EC Existing Conditions The Pelican Marina is a 0.65 Acres (28,475 sq. ft.) parcel of land located along US Highway 158 West on the Camden Causeway along the Pasquotank River. The property is dominantly covered with gravel and concrete with some areas of maintained grasses. The site falls within the Elizabeth City city limits on the Camden Causeway. The main features on the property are the marina store on pilings and two timber piers with slips. The pier located on the western side of the property is approximately 171 linear feet (LF) and the pier on the eastern side is approximately 215 LF. The western pier currently has twenty- three (23) permanent slips and one (1) transient slip with storage structure housing a mobile pump out station. The eastern pier currently has twenty-six (26) permanent slips and one (1) transient slip. There are also four (4) permanent slips located on the west side of the marina store, four (4) permanent slips located along the concrete breakwater, and four (4) permanent slips located along the bulkhead. Thirty-five (35) of the sixty-two (62) slips are privately owned. Along the shoreline of the property there is a dilapidated concrete, rip rap, and timber bulkhead. A concrete breakwater extends from the shoreline out into the Pasquotank in front an existing storage structure on pilings. Also a small concrete boat ramp is located to the west of the storage structure and breakwater. Currently the property is in poor condition with many repairs and replacements necessary. Proposed Work Currently proposed work requiring CAMA permitting includes; the construction of a new bulkhead to replace the existing dilapidated one, the new bulkhead will be 456 feet in total length. The bulkhead will be in two sections; one 309-foot section and another 147-foot section. The new bulkhead is designed to straighten the shoreline of the marina to help reduce flooding. Straightening the bulkhead will require fill of approximately 153 cu. yds. of public trust waters. The owner proposes to regrade the existing gravel parking area to match the grade of the with the bulkhead backfill. The existing boat ramp is to be enlarged from 13 ft. x 25 ft. to a 20 ft. x 25 ft. ramp and the replacement of one existing staging pier and the addition of another on either side are to be replaced with new. Two new wing walls are proposed to extend from the proposed bulkhead and follow along the proposed boat ramp to stabilize the ramp. The new concrete boat ramp is to be poured on land and the placed into position after the concrete slab is dry. The existing ramp is in disrepair and the expansion in size would allow a wider range of boats to use the ramp. A new wood walk is proposed following along the proposed bulkhead. There is currently a wood walk along the western bulkhead, but it is in need of repairs. The proposed wood walk will follow along the entire length of the new bulkhead. In addition to the wood walk, replacement of a 778 square foot (sf) deck is proposed around the existing storage structure as well as repairs to the existing storage structure and the addition of 626 additional sf of deck is proposed around the existing 778 sf deck. This will produce a better area for patrons of the marina to congregate. A new 59 ft. x 4 ft. fixed pier is proposed to extend from the proposed deck to allow better access to the existing slips located along the breakwater. A new 64 ft. x 4 ft. floating dock is also proposed to be attached to the fixed pier along the breakwater with fourN4f1Oft. x 4 ft. floating finger piers for the reconfigured slips. A new 83 ft. x 4 ft. fixed pier with three (3) 10 ft. x 4 ft. floating finger piers is proposed for the reconfiguration of four existing slips located on the east end of the property. Replacement of an existing deck on the west side of the existing marina store is proposed and the repair of four (4) existing slips by replacing tie pilings as needed and the addition of a 162 SF floating dock. Historically, Pelican Marina offered fueling at the end of the westi Et. ner proposes to offer fueling services again at the marina. The pump is proposed o laced at the JAN252017 DCM- N1EID CITY Pelican Marina 431 US Highway 158 West, Elizabeth City, NC CAMA Major- Project Narrative end of the west pier along with a new 118 ft. x 8 ft. floating "T head" expansion, with a 158 sf fixed deck to straighten the pier alignment and to allow for patrons to dock and fuel (Attachment A). Also a new stationary sewage pumpout station is to be placed on the existing platform (Attachment B). A new fuel above ground storage tank (AST) (Attachment A) is to be placed on the western end of the property and is depicted on the CAMA plan. The tank is a vaulted dual tank AST, the tank will contain 1,000 gallons of gasoline and 1,000 gallons of diesel fuel. All proposed work is shown on the attached CAMA Major Site Plan. Purpose and Need The applicant is planning to restore the Pelican Marina to help improve its appearance, functionality, and structural integrity. The marina pre dates the CAMA and improvements are necessary for much of the property as most of it has been neglected over the years. The bulkhead is in dire need of replacement, piers need to be repaired, and the boat ramp needs to be replaced and reconfigured. The addition of retail fuel sales will be valuable to this area, as there are few marinas that offer this service. All proposed work will benefit the marina and the surrounding area. The applicant wishes to make the marina a safe and inviting place for boaters to stop and enjoy what the city and area has to offer. Attachment A — Spill Prevention Plan/Fuel Dispenser/ Above ground storage tank (AST) technical specifications Attachment B - Sewage pump out station technical specifications KjaceNea 1AN 5- DCM MP-1 APPLICATION for DCKEC Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Project Name (it applicable) Business Name Nmj Properties Llc Pelican Marina Applicant 1: First Name MI Last Name Niels Jensen Applicant 2: First Name MI Last Name Melissa Jenson If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box city State Elizabeth City NC 403 E. Fearing Street ZIP Country Phone No. FAX No. 27909 USA 434 - 594.7545 ext. Street Address (f different from above) City State ZIP 43 Camden Causeway Elizabeth City NC 27909- Email mkiensen1960@gmall.com 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Warren D Eadus Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box CIty State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252.261-3300 ext. ext. FAXNo. Contractor If Street Address (d ddferent from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email RECEIVED weadus@quible.com <Form continues on back> JAN 2 5 Z017 DCM- MHD CITY 252-808-2808 :: 1-BBB-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) Received ]AN 5 - ?Il? APPLICATION for Major Development Permit 3. Project Location DMEC County (can be multiple) Street Address State Rd. # Pasquotank 431 US Highway 158 West Subdivision Name City state Zip Elizabeth City NC 27921 - Phone No. Lot No.(s) (H many, attach additional page with list) 252 - 335 - 5108 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Pasquotank River c. Is the water body Identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. SNatural ❑Manmade ❑Unknown Pasquotank River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed SYes []No work falls within. Causeway Mixed Use 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approx. 506 ft 28,475 SF c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normat high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) ❑NHW or SNWL e. vegetation on tract Uplands are primarily gravel and concrete with some areas of maintained grasses. There are no wetlands identified on site. f. Man-made features and uses now on tract A one story pile supported marina store. A one story pile supported storage building over water. Two timber piers with finger piers extending into the Pasquotank river with 62 existing boat slips. 35 of the exisitng slips are privatley owned. A concrete, timber, and riprap bulkhead lines the shoreline of the property. g. Identify and describe the existing land uses adlacent to the proposed project site. Commericial uses and undeveloped properties. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Causeway Mixed Use (Attach zoning compliance certificate, if applicable) SYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? SYes []No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It Involve a ❑Yes �t tJrt- National Register listed or eligible property? <Form continues on next page> GX TN( 252.808-2808 :: 1.888-4RCOAST :: www.necoastalmanagement.net 'Form DCM MP-1 (Page 3 of 5) Received APPLICATION for Major Development Permit J {AU y - m. (I) Are there wetlands on the site? DMEC []Yes ONO ii Yg^�� Are there coastal wetlands on the site? ^" �" E ` []Yes ®No (III) If yes to either (1) or (4) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Wastewater services are provided by the City of Elizabeth City o. Describe existing drinking water supply source. Drinking water is provided by the City of Elizabeth City p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed improvements to the property are and effort to stablize the shoreline and prevent flooding of the exising parking area. Repairftmprove to the existing piers and slips are needed for the structures and will help to enhance the marina and make docking safe for patrons. The replacement of fuel storage AST and assorted pumps will allow the marina to offer fuel for retail sale. Please note, the marina has offered fuel for retail sale in the past. Standard marina operations will continue. 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. Vibrating hammer and barge; equipment to be stored onsite d. List all development activities you propose. Improvements to the poopery include replacement of an existing dilapidated bulkhead and straightening of the shoreline. Reconfiguration of existing slips. Repair/replacement of decks and finger piers. Addition of six (6) new finger piers and of a "T-Head" to the existing western pier. Addition of an AST and fuel dispenser and a dedicated sewage pumpout station. Replacement and enlargement of existing boat ramp. Replacement of one staging pier and the addtion of a one new staging pier. The addition of two new floating docks. See attached Narrative for a detailed description of all proposed work. e. 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? approx. 17,500 ®Sq.Ft or ❑ Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED N/A JAN 2 5 2011 I. WIII wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA DM- NIHD CI 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 ONO ®NA If yes, attach a mitigation proposal. go 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site orlocatlon map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name City of Elizabeth City Phone No. Address PO Box 404 Elizabeth City, NC 27907 Name John Chin Phone No. Address 20190 Market Street Onancock, VA 23417 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permiffee, and issuing dates. GP #A14199 - Pelican Inc - 1995 Major Permit #51-90 - The Pelican Inc GP #A35990 - Ervin Stahel - 2004 Major Permit #26-96 - Pelican Marina Major Permit #13-82 - The Pelican Inc Major Permit #40-04 - Ervin & Donna Stahel Major Permit #158-87 - Ervin Stahel h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly 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 J. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. Received I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print �AName p JAN hy 5 Signature -) DCM-EC Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RIEjGCE�\D 5ODCM MP-3 Upland Development ®DCM MP-4 Structures Information �252�i1 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net -;,yD cj a Received Form DCM MP-2 EXCAVATION and FILL DCM-EC (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. Length Width Avg. E, Depth Final P Depth Other Access Rock (excluding Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline (NLW or stabilization NWL) 36 ft 14ft 7 It 4.5 ft -2 ft (NWL) NA NA 0 ft (NWL) -4ft(NWL) NA NA -4ft(NWL) 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. Approx. 32 cubic yards c. (i) Does the area to be excavated include coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. []CW _ ❑SAV ❑SB ❑WL _ ®None (0) Describe the purpose of the excavation in these areas: -Upland area in front of proposed bulkhead -Boat Ramp This section not applicable Type of material to be excavated. sand/debris d. High -ground excavation In cubic yards. 24 cubic yards 2 DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (I) Do you claim title to disposal area? Oyes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV []SB ❑WL _ []None (if) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? I. (i) Does the disposal include any area in the water? []Yes []No ❑NA (ii) If yes, how much water area is affected? RF,.FIVFD JAN 2 5 2017 DCM- MHD CITY 252.808.2808 :: 1-888.4RCOAST :: vwvw nceoastalmanaaement.ne! revised: 1211A6106 Forma ®CM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 4456 ft NBulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: - 5.5 ft. e. Type of stabilization material: Vinyl/Wood g. Number of square feet of fill to be placed below water level. Bulkhead backfill 1,681 s Riprap Breakwater/Sill_ Other_ I. Source of fill material. Width: 1 ft d. Maximum distance waterward of NHW or NWL: -- 17 ft f. h. (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. WA Type of fill material 6rceiY �r Sand nu S _ DCM-EC 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, (II) Amount of material to be placed in the water 98 SF (III) Dimensions of fill area 7 ft x 14 ft (iv) Purpose of fill Reconfiguration/expansion of exisitng boat ramp. a. How will excavated or fill material be kept on site and erosion controlled? FlII material will be brought to the site by dump truck and will be placed behind the bulkhead. All material will be contained with silt fencing. c. (i) Will navi atonal aids be required as a result of the project? ❑Yes Co ❑NA (ii) If yes, explain what type and how they will be implemented. 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) Describe the purpose of the fill in these areas: Concrete expansion of exsiting boat ramp. b. What type of construction equir backhoe, or hydraulic dredge)? Dump truck and excavators. dragline, d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (li) If yes, explain steps that will be taken to avoid or minimize environmental impacts. aOe\\Jeo J025IQ11 252.808.2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 12/26/06 I Form ®CM MP-2 (Excavation and Fill, Page 3 of 3) Date MJjCO.V'k Mar, Project Name Applicant e icant Sifnature Received DMEC RECEIVED JAN 2 5 2017 DCM- MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www neooastalmanaeement.net revised: 12/26/06 Received Form DCM MP-3 UPLAND DEVELOPMENT DCM-EC (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One Above Ground Storage Tank (AST) for retail fuel sales. A new wood walkway along the bulkhead is propsed. c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (I) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (II) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. The entire property is within the 75' AEC. Approx 80% of the propoerty is impervious. I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Approx 80% of the property is impervious, no new impervious is proposed. Exalting impervious is to be re graded and maintained. Positive stormwater flow is to be maintained. j. Describe proposed method of sewage disposal. Wastewater services are provided by the City of Elizabeth City I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrialt commercial effluent, "wash down" and residential discharges). All discharges are directed to the city sewer system to. Number of lots or parcels. 2 Parcels d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. approx. 17,500 sq. ft. I. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for Impervious surfaces. New gravel will be brought in to regrade exisitng gravel. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (I) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (II) If yes, list the date submitted: Have the facilities described in Item (I i�rlocal �O approval? Q c %\'1 ❑Yes ®No ❑NA % •,f �' If yes, attach appropriate documentation, jPN M. MAD m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. C!`1*4 252-808-28082 :: d-888.4RCOAST :: www.nccoastatmanaaement.net revised: 12126106 U Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Pulbic water services are provided by the City of Elizabeth City o. When was the lot(s) platted and recorded? Unknown 1ls/� Date T Pelicaol yyarirvl Project Name Applicant,Wh/ne� Applicant SYgnature n. (i) Will water be impounded? []Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA Received JAN 5 • 1017 DMEC RECEIVED JAN252017 DC"- MI-!D CITY 252.808.2808 :: 1-888-4RCOAST :: www.nccoostaimanagement.net revised:12/26WO Received Form DCM MP-4 STRUCTURES DMEC (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/manna: ®Commercial ❑Public/Govemment ❑Private/Community c. (I) Dock(s) and/or pier(s) (11) Number r 5 (III) Length See Section 8 (iv) Width See Section 8 (v) Floating ®Yes ❑No e. (1) Are Platforms included? ®Yes []No If yes: l (I!)Number 2 Oil) Length (1) 118 ft. (2) see attachment (iv) Width (1) 8 ft. (2) see attachment (v) Floating []Yes ®No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed 0 (Ii) Number of slips existing 62 514fiNT Kwart(ou"4Z 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: 25 feet M. (i) Will the facility have tie pilings? ®Yes ❑No (11) If yes number of be pilings? 27 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmana[ ❑ This section not applicable b. (1) Will the facility be open to the general public? ®Yes ❑No d. (i) Are Finger Piers Included? ®Yes ❑No If yes: (II) Number 6 (111)Length IOft (Iv) Width a tt (v) Floating ®Yes []No f. (1) Are Boatlifts included? ❑Yes ®No If yes: (li) Number (III) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 62 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). VO sailboats.skiffs, charter boats Ge`� R� 5 tip11 0-(` JPN �+NO " 1. (1) Will the facility be open to the gQ�public? ®Yes No lernent.net revised: 12/27/06 [d Form DCM MP-4 (structures, Page 2 of 4) 2 DOCKING FACILITYIMARINA 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: are proposed. ® Showers _; Location: Exisiting shower and toilets located in the Marina Store. No new showers or toilets ❑ Boatholding tank pumpout; Give type and location: N/A Received b. Describe treatment type and disposal location for all sanitary wastewater. Wastewater services are provided by the City of Elizabeth City id is lYf-L. la c. Describe the disposal of solid waste, fish offal and trash. Onsite trash recepticals d. How will overboard discharge of sewage from boats be controlled? A moblie pumpout station is located onsite as well as a stationary pumpout station. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. One, loacted at the end of the exsiting western pier. (ii) Give the location and number of "Pumpout Available" signs proposed. One, loacted at the end of the exisitng western pier. f. Describe the special design, it applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. The AST proposed will be a vault style tank. 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 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. The new fueling station will be loacted at the end of the exisitng west pier. A vault AST containing 1,000 gallons of gasoline and 1,000 gallons of diesel fuel will be placed on the western end of the property. See attached CAMA Plan for AST placement. j. What will be the marina policy on overnight and live -aboard dockage? I Currently most of the slips at the marina are owned by boaters. Live aboard is permitted RECEIVED IHIV G U k. Describe design measures that promote boat basin flushing? N/A DCM- VHD CITY I. If this project is an expansion of an existing marina, what types of services are currently provided?` f �/ar.tnIR FhLrf.�'�IES Mobile pumpout station, transient and permanent dockage, Marina Store — gATK l `{ 252-808-2808 :: 1-888-4RCOAST:: www nccoastatmanaaement.net revrsea: '1 clL r�va Form DCM MP-4 (Structures, Page 3 of 4) Received in. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ®No J0 J n. Is the madna/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yea ®No DCM-EC o. Is the marinaldocking 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 _ ®WL -14 SF of emergent species due to failing bulkhead ❑None p. Is the proposed madna/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. N/A 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Publlc/Government ❑Private/Community (ii) Number (ill) Length (iv) Width Note: Roofed areas are calculated from dilo ine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) [)This section not applicable a. (1) Number �_ (if) Length rw VT (iii) Width V A4 rVANV 5. BREAKWATER (e.g., wood, sheetpile, etc.) MThis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Pdvate/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1.888-4RCOAST :: w .nccoastaimanaaement.net <,%`,!`• revised: 12127106 L Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Approx. 16 LF to the west and 54 LF to the east. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body - 1,600 LF e. (i) Will navigational aids be required as a result of the project? OYes ®No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. Approx. 360 LF to the west and approx. 900 ft to the east d. Water depth at waterward end of structure at NLW or NWL - -9.5' (NAVD 88) 8. OTHER []This section not applicable a. Give complete description: (1) 64 ft. x 4 ft. floating dock (2) 83 ft. x 4 ft. (Stationary) (3) 59 ft. x 4 ft. (Stationary) (4) 40 ft x 4 ft (Floating) I�INttvrz nn nV�d�tw� ' lSf9 sc�uar2� � i — EAIn rrF lorl' Tdt7Z Date ' pdrr'a Project N me Applicant Na� Applic Signatu Received JAN 5 - ton DCM-EC RECEIVED JAN252017 DCM- t'1HD CITY 252-808-2808 :: 1-888-4RCOAST :: wuvov nccoastalmanaaement.net revised: 12127/06 JAN B - 1111' D M'EC 0 Quible SINCE 1959 MEMORANDUM &. Associates, P.C. ENGINEERING • CONSULTING a PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.quible.com To: Lynn Mathis, DCM From: Warren D. Eadus, P.G. Date: January 3, 2017 Re: Pelican Marina Please find attached a Spill Prevention, Control and Countermeasures (SPCC) Plan for inclusion in the CAMA Major Permit that is currently being processed by your office. This plan will be kept on file at the marina and is intended to comply with requirements as specified in Title 40 CFR Part 112. ,Pelican Marina SPCC Plan JaOuary 3, 2017 SPILL PREVENTION, CONTROL AND COUNTERMEASURES (SPCC) PLAN Date of Facilities First Plan: THE PELICAN MARINA January 3, 2017 Date of Last Plan Amendment: t)ML Date of Last Plan Review: Designated Staff Responsible for spill prevention: Emergency Telephone Numbers: Notification Contacts: 1. Facility Manager: 2. Emergency Contact: Niels Jensen 1.434.594.7545 Melissa and Niels Jensen 43 Camden Causeway Elizabeth City, NC 27909 Niels Jensen 1.434.594.7545 Received JAN 6 - 7017 DMEC 3. Region 4 Environmental Protection Agency: Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-8960 Main: (404) 562-9900 Toll Free: 1-800-241-1754 Fax: (404) 562-8174 4. Clean -Up Contractors: 5. Supplies and Equipment: HEPACO Mid -Atlantic Regional Office 1301 Marsh Street, P.O. Box 1779, Norfolk, VA 23501 Phone: (757) 543-5718 Fax: (757) 543-4561 Regional Manager: Bob May ER Contact: Jon Francisco Safety-Kleen 4545 Bainbridge Boulevard Chesapeake, VA 23320 (757)543-5907 SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN COMPLIANCE REVIEW In accordance with 40 CFR 112.5 (b), a review and evaluation of this SPCC Plan is conducted at least once every three years. Reviews, amendments and evaluations are noted below: Reviewer Date Comments Amendments (yes/no) RECEIVED JAN 2 5 2017 DCM- f "I -ID CITY .Pelican Marina SPCC Plan January 3, 2017 Received 1.0 INTRODUCTION DCM-EC Spill Prevention, Control and Countermeasures (SPCC) Plans for facilities are prepared and implemented as required by the US Environmental Protection Agency (US EPA) Regulation contained in Title 40, Code of Federal Regulations, Part 112,(40 CFR 112). A non -transportation related facility is subject to SPCC regulations if: the capacity of any one aboveground storage tank (AST) exceeds 660 gallons; or the total AST storage capacity exceeds 1,320 gallons; or the underground storage tank capacity exceeds 42,000 gallons; and if, due to its the location, the facility could reasonably be expected to discharge oil into the or upon the navigable waters or adjoining shoreline of the United States. An SPCC plan is not required to be filed with the US EPA, but a copy must be available for on -site review by the Regional Administrator (RA) during normal working hours. The SPCC plan must be submitted to the US EPA Region 4 RA and any other applicable state agency along with the other information specified in 40 CFR Section 112.4 R either of the following occurs: 1. The facility discharges more than 1,000 gallons of oil into or upon the navigable waters of the US or adjoining shorelines in a single spill event: or 2. The facility discharges oil in quantities that may be harmful in two spill events within any twelve-month period. The following spill information must be reported within 60 days if either of the above thresholds is reached. The report shall contain the following: 1. Name of the Facility 2. Names of the Owners of the Facility 3. Location of the Facility 4. Date and year of initial facility operation. 5. Maximum storage or handling capacity of the facility and normal daily throughput. 6. Description of the facility including maps, flow diagrams, and topographical map. 7. A complete copy of the SPCC plan and any amendments. 8. The cause and nature of the spill including a failure analysis of system or subsystem in which failure occurred. 9. The corrective actions and/or countermeasures taken, including adequate description of equipment repairs and/or replacements. 10. Additional preventive measures taken, including adequate description of equipment repairs and/or replacements. 11. Such other information as the RA may reasonably require that is pertinent to the plan or spill event(s). The SPCC plan must be amended within 6 months whenever there is a change in facility design, construction, operation, or maintenance that materially affects the facility's spill potential. The SPCC plan must be reviewed at least once every 3 years and amended to include more effective prevention and control technology, if such technology will significantly reduce the likelihood of a spill event and has been proven in the field. Pelican Marina SPCC Plan January 3, 2017 2.0 3.0 FACILITY INFORMATION NAME: MAILING ADDRESS: STREET ADDRESS: OWNERS): THE PELICAN MARINA The Pelican Marina 43 Camden Causeway Elizabeth City, NC 27909 The Pelican Marina 43 Camden Causeway Elizabeth City, NC 27909 Niels and Melissa Jensen FACILITY CONTACT: Niels Jensen 1.434.594.7545 pelican@pelicanmarina.com e Received Jar; g „_ DCM-EC LOCATION: Located along the AIWW mile marker 51.2 on the Pasquotank River. The facility is accessed via US 158 on the Camden Causeway. FACILITY DESCRIPTION: Pelican Marina is a 62-slip sailboat and open runabout vessel docking facility with Ships Store and lounge. As of the date of this plan, no fuel is currently offered at the facility. FIXED AND MOBILE STORAGE: AST (1) 1,000 gallons (split tank) ****Proposed PAST SPILL EXPERIENCE 40 CFR 112.1 (a) 4.0 POTENTIAL EQUIPMENT FAILURES 40 CFR 112.7 (b) POTENTIAL FAILURE N/A SPILL' DIRECTION N/A VOLUME RELEASED. - ? N/A ISJP/IILLL RATE 5.0 CONTAINMENT AND DIVERSIONARY STRUCTURES 40 CFR 112.7 (c)(1) 5.1 AST (1) 1,000 gal. total capacity 1,000 gallon double walled ConVault (Appendix A) precast tank featuring two primary steel tanks, integral secondary containment, and an engineered precast outer vault that is UL listed, impact resistant. Specific tank features can be found in the attached ConVault product specification sheet. 6.0 DEMONSTRATION OF PRACTICABILITY 40 CFR 112.7 (d) R E C E i VE D Pelican Marina's management and owners have determined that the use of secondary containment and the use of readily available spill prevention equipment (located at d WrfW 717 DCM- R"I-ID CITY .Pelican Marina SPCC Plan January 3, 2017 at tank) is sufficient to prevent discharged oil/petroleum from reaching navigable water, is practical and effective at this facility. 7.0 FACILITY DRAINAGE 40 CFR 112.7 (c)(1) Received There is no formal drainage plan at the existing facility. JAN 6 - ?11117 8.0 BULK STORAGE TANKS 40 CFR 112.7 (e)(2) DCM'EC All storage tanks are UL Listed (ULC 142.16, ULC 142.23 and UL Standard 2085) insulated secondary containment. Secondary containment volumes 9.0 TRANSFER OPERATIONS, PUMPING AND IN -PLANT PROCESSES 40 CFR 112.7 (e)(3) 9.1 PIPING 9.1.1 All piping will be installed to local and state codes as required. 9.1.2 Piping will extend from the AST to the end of the fueling dock. 9.1.3 Piping will be inspected weekly. 9.1.4 Shutoff buttons/controls will be provided at the tank and the dispenser or as required by local and state building codes. 9.1.5 All fueling will be performed by trained marina personnel. Public is not allowed to "self -serve". Signs will be posted that prohibit "self-service". 9.2 BULK FUELING 40 CFR 112.7 (e)(4) Bulk fuel will be delivered during business hours only. Fueling will take place with marina personnel in attendance. 10.0 INSPECTIONS AND RECORDS 40 CFR 112.7 (e)(8) Daily visual inspections of tank(s), piping and dispensers will be performed. Weekly inspections of shut off valves, piping joints and dispenser components will be performed. The marina will develop a checklist that covers weekly and monthly inspection duties. 11.0 SECURITY 40 CFR 112.7 (e)(9) Pelican Marina provides 24 hour on site assistance for patrons. Fuel systems will be shut off and locked during off hours to prevent unauthorized dispensation of fuel. Security lighting will be provided. 12.0 PERSONNEL TRAINING AND SPILL PREVENTION PROCEDURES 40 CFR 112.7 (e)(10) At a minimum, all personnel will be trained on how to react to spills, whom to contact in the event of a spill and how to report in the event of a spill. Specific procedures will be developed and provided by Pelican Marian Owners to all employees. In addition, all employees will be trained on proper fuel handling and spill prevention and clean up techniques. Spill prevention kits will be provided and readily accessible at the AST and the dispenser locations. Please see the attached', Spill Response Flow Chart attached as Appendix B. APPENDIX A Received JAN 6 - m- DCM-EC RECEIVED JAN252017 DCM- P."HD CITY From Oldcastle Precast, the leading manufacturer of precast concrete products, comes ConVault, a superior line of above grade liquid storage vault solutions offering unsurpassed protection, versatility and reliability. The ConVault line of products are ideal for Fuel & Lube Dispensing, Oil & Chemical Storage, as well as Generator & Boiler Set applications. ConVault above ground fuel storage tanks, (AST), are a patented system utilizing a primary steel tank, integral secondary containment, and an engineered concrete outer vault to provide a UL listed, impact resistant, time tested fluid storage solution. M ConVault Engineered To Last ConVault is Engineered to pro- vide decades of rust resistant, low maintanence service. Impact Resistant Vehicle impact, projectile, and blast resistance exceeds U. L. 2085 specification. Primary Steel Tank The steel tank is isolated from the concrete encasement to assure corrosion protection. ConVault Benefits Fire Protection Seamless, six-inch reinforced concrete provides two-hour fire protection as per U. L 2085 specification. Thermal Protection ConVault's monolithic concrete enclosure and insulation layers provide thermal protection. • UL listed - ConVault AST Is listed in accordance with ULC 142.16, ULC 142.23 and UL Standard 2085 Insulated/Secondary Containment for Above ground Storage Tanks/Protected Type. • Meets Safety Regulations - ConVault tanks meets all safety requirements for primary and secondary containment, leak monitoring, spill containment and overfill protection. • Manufactured to the rigid standards of the Oldcastle quality control program at Oldcastle facilities around the country. Versatility ConVault can be manufactured and configured for a variety of uses in restricted spaces. EPA Compliant ConVault is compliant with EPA regulations, Spill Prevention, Containment, and Countermeasures plans. Multiple Size Options ConVault provides versatile storage solutions with tank sizes ranging from 125 to 12,000 gallons. merit OIL high density polyethylene membrane encloses the primary tank and provides secondary containment. R�CENED JAN 2 5 2017 DCM- f!HD CITY Engineering - Every ConVault tank is designed and engineered to meet or exceed industry requirements for above ground fuel storage. Environmentally Secure -With multiple layers of containment surrounded by 5'of steel reinforced concrete, ConVault is designed to protect. LEED - Manufactured locally with recycled material. PRIMARY USES Generator & Boiler Sets Fuel & Lube Dispensing M f1i 'E Oil & Chemical Storage Capacity W Generator & Boiler Sets are ideal for providing a reliable fuel supply for Mission Critical and Emergency Power applications such as emergency generator backup power for a wide range of critical facilities including: A hospitals/medical centers water treatment plants data/computer centers 250 GAL 7'-8' 3'-9" 3'-3" 500 GAL 11'-0' 4'-6° 3'-4" 1000 GAL 11'-0" 5'-8" 4'-4" 2000 GAL 11'-3" 8'-0" 5'-6" OOOGAL 12'-2" 8'-0" 6-11" telecommunications/Internet service centers • institutional boiler supply Fuel & Lube Dispensing - ConVault fuel & lube dispensing systems are designed and engineered for the safe storage and dispensing of liquid fuels and lubricants such as: gasoline/diesel ethanol biodiesel kerosene lubricants Oil & Chemical Storage- ConVault oil & chemical storage tanks provide safe and efficient storage of environrrae(i ty hazardous chemicals and petroleum products®yc� g: • waste oil V • used oil • vegetable/animal oils • methanol/urea • antifreeze G�' • hazardous waste oil IC Capacity L W H 4000 GAL 12'-2" 8'-0" 8'-9" 6000 GAL IT-7 8'-0' 8'-9" 8000GAL 23'-1" 8'-0" 8'-T 10000 GAL 28'-7" 8'-0" 8'-9" 12000GAL 34'-1" 8'-0" 8'-9" • Sires listed may m be available at all plants. Please check with your local Oldcastle Precast Convault Sales Representative for size availability. • ConVauh is also offered with split tanks, which are available in many sires. Please check with your local Oldcasde Precast ConVault Saks Representative for more information on split tanks. 7 APPLICATIONS ConVault is designed and engineered for multiple uses and endless applications. Let us show you how we can provide a solution to meet your above ground liquid storage need. R MARINE A growing number of Coast Guard and Harbor Patrol operations and marinas are moving to ConVault due to its outstanding track record standing up to corrosion and increasingly intense marine storms. AVIATION convault is found in airports and military air operations nationwide because it's the safe above ground solution that can be flexibly configured to dispense aviation fuels in just about any footprint. MILITARY/PUBLIC SAFETY Convault proudly serves Air Force, Army, Coast Guard and Border Patrol operations as well as Police, Fire, and EMS stations across the USA. F ,L: i;t .IVED JAN 2 5 2017 DCM- [-.HD CITY A il ijoll.. fl R d'PA 5tip11 C`jN( Wayne QG '`' FUELING SYSTEMS 7 Wayne Reliance G5200 Series Retail Mechanical Dispensers Designed to deliver reliable, long-term retail fueling performance in the harshest environments, the Wayne Reliance G5200 Series retail fleet dispenser combines a modem durable cabinet with a dependable mechanical sales register display. Heavy duty construction, sturdy materials and time -proven components make this dispenser an excellent fit for small service stations, marinas, airports and specialized applications like kerosene dispensing. it is a simple, economical solution built for years of hassle -free retail functionality. Durable construction Withstands tough environments The Reliance G5200 dispenser stands up to outdoor exposure and rough use with a tough powder -coated finish, corrosion -resistant galvannealed steel exterior and 14-gauge side panels along with 18-gauge doors. The high grade 304 stainless steel option with a complete stainless steel exterior cabinet Including side structural columns and bases provides the added durability of stainless steel construction that is especially useful In waterfront applications such as marinas. For increased weather -resistance, there are no gaskets that can deteriorate or lose effectiveness over time. With special rain deflectors behind the bottom of the doors, any water intrusion caused by driven rain is redirected away from the containment pan. Highly configurable The Reliance G5200 dispenser Is available in many configurations so you can select the model that best meets your requirements. Choose from three dispenser and four suction pump models. There is also aan UL-listed E85 option for compatibility with ethanol fuel, and you can select Healy VAC vapor recovery for environmental considerations. Additionally, choose to incorporate internal hose retractor or hose mast options to ease hose handling. Standard features deliver superior value The dispenser features a V/R 10 computing mechanical register that displays sales prices up to $9.99 and offers power reset interlock functionality. For night viewing, lights illuminate the register displays and product identification panels. All user controls meet Americans with Disabil't' ����//qqct (ADA) requirements, and nozzle boots fit both standard and vapor recovery nozzles. All r�ii2it�d�p��S9rs come with satellite piping connections for use with the satellite dispenser models. CITY DCNI- j'.7ND www.wayne.com Rehabie performance The Reliance G5200 dispenser delivers superior operation and performance with flow rates up to 22GPM*. Features such as large inlet/outlet castings, as well as one -inch internal piping and discharge connections improve performance. The one -inch hose discharge includes a 3/A inch adapter allowing all models to be easily adapted to either hose size for standard gasoline or high flow diesel applications. Internal filters help ensure product purity, and micro -accurate positive displacement two -piston meters accurately track fuel usage. In addition, one horsepower motors on the suction models offer excess motor capacity that enables high power fueling and extended motor life. Suction models also feature gear -type pumping units that help ensure years of dependable use. Easy to install and use Field -proven Wayne components offer durability, reliability and easy maintenance. A single AC power line feed makes retrofitting existing installations simple. Hinged doors make it quick and easy to access internal components for servicing, and vertical strainer removal minimizes spills during cleaning. Mechanical registers further reduce maintenance costs through simplicity and durability. Ready for tomorrow's fuels today The UL-listed Reliance E85** option (El model prefix) employs special elastomers, electroless nickel -plating, hard anodizing, stainless steel, black iron piping and a special ethanol -compatible filter to provide compatibility with E85 fuel. The E85 option is available for all remote dispenser models and is also compatible with standard petroleum products like gasoline and diesel. Dispense E85 today or utilize standard fuels with the peace of mind that you are prepared for conversion to alternative fuels in the future. Standard Features ■ Powder -coated finish ■ Galvannealed steel cabinet panels and supports ■ WR 10 computing mechanical register with power reset interlock ■ Lights ■ Gear -type pumping units on suction models ■ One horsepower motor on suction models ■ Two -piston positive displacement meter ■ Large inlet/outlet castings ■ One -inch internal piping ■ Internal satellite connection port for remote models ■ Internal filters ■ Four-year anti -corrosion warranty ■ Single AC power line Optional Features ■ Stainless steel panels ■ E85 compatibility ■ High hose mast and internal retractors ■ Inlet check valve a Solenoid valves on suction models ■ External filter kits ■ Pulsers ■ Factory -installed Healy VAC vapor recovery ■ Uter measure e® ■ 230VAC operation ■ 50 Hz operation �J APPENDIX B RECEIVED JAN252017 DCM- MHD CITY SPCC RESPONSIBILITY FLOW CHART 9:35 RECENE® J 425W7 CITY Received I>)CM-EC EXI5TIN& 776 5F WOOD DECK TO BE REPAIRED/REPLAGED PRELIMINARY FOR CAMA PERMITTING ONLY PROJECT P76057 COPYRIGHT ©20f7 OUIBLE & ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY OF QUIBLE &ASSOCIATES, P.C. ANY ALTERATION OF THIS DOCUMENT IS PROHIBITED. IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE LIMI D sHNOT Aor CERTIFIED REDDOCUMENTPRELIMINARY. BE USED FOR CONSTRUCTION, RECORDATION, SALES OR LAND CONVEYANCES, UNLESS OTHERWISE NOTED. DEM EXPANSION DETAILS ■� 1 SINCE 1959 Kl�lpVV PELICAN MARINA & Associates, P.C. ENGINEERING * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES * SURVEYING NC License#: C-0208 PO Drawer 870, Kitty Hawk, NC 27949 Phone: (252) 491-8147 Fax: (252) 491-8146 E-Mail: administrafor®quible.com DRAWN BY JTM/WDE ELIZABETH CITY CAMDEN COUNTY NORTH CAROLINA CHECKED BY WIDE 0 10 20 GRAPHIC SCALE IN FEET 1"=10 DATE 11/11/16 \umwings \rl DUO r-n t-ervV.awg t/O/Lulr N:JO AM Tmurphy a fiZ- i -z5TTFF WrP-9 5Hr-F Received .LUN. 11,20t7 C-C EXISTING 289 SF STRUCTURE I I< ----------IrI EX5T(N5 778 5F PROPOSED 778 SF DE6K TO BE DECK AND SEATING R ,A`RED/REIELf 6A&41 -r76 r PRELIMINARY 90 VM P FOR CAMA qew v4) -o? i nd G �1" PERMITTING ONLY MOTAL . Oro + f0% =s394 ¢' PROJECT COPYRIGHT © 2017 OUIBLE & ASSOCIATES, P.C. DEM EXPANSION DETAUS PI6057 THIS DOCUMENT IS THE PROPERTY OF uible SINCE 1959 PELICAN MARINA OTHIS DRAWN BY ALTERATION OF DOCUMENT IS a P.C.JTM/WOE & Associates, r IF THIS DOCUMENT ISTNOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT. SHALL BE ENGINEERMG * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES a SURVEYING CHECKED BY ELIZABETH CITY CAMDEN COUNTY WIDE CONSIDERED PRELIMINARY, NOT A CONSIDERED DOCUMENT AND SHALL NOT: BE USED FOR CONSTRUCTION, RECORDATION, SALES OR LAND NORTH CAROLINA NC License C-0208 PO Drawer 870, Kifty Hawk, NC 27949 Phone: (252) 491-8147 DATE 0 10' 20' 11/11/16 CONVEYANCES, UNLESS OTHERWISE NOTED. GRAPHIC SCALE IN FEET 1"=10 Fax: (252) 491-8146 E-Mall: administrator®quible.com Coastal Management ENVIRONMENTAL OUALITY File Note: FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator SUBJECT: NMJ Properties #40-17 DATE: 5/4/2017 ROY COOPER (inventor WILLIAM G. ROSS JR. S'ecrew,y BRAXTON DAVIS nir�mr Due to an error by staff Condition No. 17 incorrectly states an additional 10 slips, for a total of 72 formalized boat slips. There were no requested additional slips. The error occurred due to an incorrect understanding of the marina redesign that resulted in the assumption of 10 additional slips. After consultation with Doug Hugget and Lynn Mathis the marina would require a modification of the existing permit to accommodate the 10 slips and will stand on the currently authorized permit. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue i Morehead City, NC 28557 252-808-28081252-247-3330(fet) Coastal Management ENVIRONMENTAL QUALITY April 3, 2017 NMJ Properties, LLC 403 East Fearing Street Elizabeth City, N.C. 27909 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, o� d !.AWW— glaDous V. Hug Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City NC 28557 252 808 2808 �I DCM Coordinator: �� � Permit #: _.MAILING DISTRIBUTION SHEET -- �... _ . Permitee: 4k*1 DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: (with revised work plan drawings) .IIC Z7$09 Ak a.75ff Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) aksh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) om Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Antony Scarbraugh40IJ Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: LPO: Fax Distribution: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WAR%1W Permittee #: Agent# R I DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Niels and Melissa Jenson, NMJ Properties, LLC County: Pasquotank LOCATION OF PROJECT: Pelican Marina, 43 Camden Causeway, Elizabeth City DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 01/06/17 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD SPECIALIST: Lynn Mathis DISTRICT OFFICE: Elizabeth Citv DISTRICT MANAGER REVIEW: ( Date: / 3 / B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40%) PUBLIC NOTICE REC'D: Advertise: 01/25/17 END OF NOTICE DATE: Comments due: 02/14/17 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: Y lAC f _ ON: C �� C) 75 DAY DEADLINE: 03/22/17 150 DAY DEADLINE: ('1511'I MAIL OUT DATE: Circulation: 44 3 // -7 STATE DUE DATE: Comments due: 2- // 3 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional Representative i 17 K se e�aV-'C Coastal Management - LUP Consistency �/7 j Its Division of Community Assistance ' j7 1 K etc. Land Quality Section--DEMLR R4164 ?0 DWR/DWQ— AquiferProtection '?g�'la,W k 1 t ?m7 rxZS DWR/DWQ - Storm Water 1 2.17 A F' SW7 170job DWR- PublicWaterSupply 1 3 17 X d/C- State Property Office FL-1 I 1 n FCu wa tb tc Division of Archives & History —Cultural Res. q13 Division of Env. Health —Shellfish Sanitation 'Mr? 17 K dL Division of Highways --DOT 3k a< Wildlife Resources Commission 7 (0 /7 K AFSA Mat R Wca ar a c� Local Permit Office/Planning Dept. C C c, DMF—DCM Fisheries Resource Specialist 1 I Z 1 t K tp Corps of Engineers 106, ; z T nn(r� 1�g4j-g 1p� � �i"t � �' D "- j Y 1 , Coastal Management ENVIRONMENTAL QUALITY 0 o Ra Ali [e7 ►T_1 IL i s1111U TO: Greg Bodnar, Assistant Major Permit Coordinator, NCDCM THROUGH: Frank Jennings, District Manager, NCDCM 7 FROM: Lynn Mathis, Field Specialist, NCDCM ( DATE: January 30, 2017 SUBJECT: NMJ Properties, Inc./Pelican Manna - CAMA Major Permit Application ROY COOPER Governor MICHAEL S. REGAN Secremry BRAXTON DAVIS Dimaor The applicant is proposing to renovate and expand access to an existing marina along the Camden Causeway within Elizabeth Cities Extra -territorial jurisdiction. Proposed work will include constructing a fixed pier expansion along the back of the marina store, the addition of a new a floating dock on the west side of the marina store, the expansion of an existing boat ramp from a 13' to a 20' width, replacement of a courtesy pier and the addition of a second courtesy pier adjacent to the boat ramp, the repair and expansion of a platform with an existing storage building, the addition of a new fixed pier over an existing concrete breakwater to a floating pier and 3 finger piers, the addition of a floating dock and 3 finger piers on the east side of the property paralleling the shoreline, the addition of a floating fuel dock/platform at the end of the main pier, and the construction of a 456' replacement bulkhead a maximum of 17' waterward of NWL. , I have reviewed the rules as they pertain to marinas and bulkheads, and would like to offer 1�e�el�iV-E D 15 NCAC 07H .0208 Use Standards (b) Specific Use Standards FFR 0 F 2017 (5) Marinas shall comply with the following standards: M l l p t✓ STY (A) Marinas shall be sited in non -wetland areas or in deep waters (areas nog rneagmg) and shall not disturb shellfish resources, submerged aquatic vegetation as defined by the MFC, or wetland habitats, except for dredging necessary for access to high -ground sites. The following four alternatives for siting marinas are listed in order of preference for the least damaging alterative; marina projects shall be designed to have the highest of these four priorities that is deemed feasible by the permit letting agency: (i) an upland basin site requiring no alteration of wetland or estuarine habitat and providing flushing by tidal or wind generated water circulation or basin design characteristics; (ii) an upland basin site requiring dredging for access when the necessary dredging and operation of the marina will not result in significant adverse impacts to existing fishery, shellfish, or wetland resources and the basin design shall provide flushing by tidal or wind generated water circulation; !/ Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 NMJ Properties, Inc./ Pelican Marina Recommendations January 30, 2017 Page 2 (iii ) an open water site located outside a primary nursery area which utilizes piers or docks rather than channels or canals to reach deeper water; and (iv) an open water marina requiring excavation of no intertidal habitat, and no dredging greater than the depth of the connecting channel. Consistent: The marina is existing and in open water with piers to access deeper water. (B) Marinas which require dredging shall not be located in primary nursery areas nor in areas which require dredging through primary nursery areas for access. Maintenance dredging in primary nursery areas for existing marinas shall comply with the standards set out in Part (b)(1)(1) of this Rule; Consistent: No PNA. (C) To minimize coverage of public trust areas by docks and moored vessels, dry storage marinas shall be used where feasible; Consistent: Existing facility. (D) Marinas to be developed in waters subject to public trust rights (other than those created by dredging upland basins or canals) for the purpose of providing docking for residential developments shall be allowed no more than 27 square feet of public trust areas for every one linear foot of shoreline adjacent to these public trust areas for construction of docks and mooring facilities. The 27 square feet allocation does not apply to fairway areas between parallel piers or any portion of the pier used only for access from land to the docking spaces; Consistent: Commercial Marina. (E) To protect water quality in shellfishing areas, marinas shall not be located within areas where shellfish harvesting for human consumption is a significant existing use or adjacent to such areas if shellfish harvest closure is anticipated to result from the location of the marina. Consistent: No shellfishing in or near the project area. (F) Marinas shall not be located without written consent from the leaseholders or owners of submerged lands that have been leased from the state or deeded by the state; Consistent: No known leasehold in or near the project area. (G) Marina basins shall be designed to promote flushing through the following design criteria: Consistent: Open water location. (H) Marinas shall be designed so that the capability of the waters to be used for navigation or for other public trust rights in estuarine or public trust waters are not jeopardized while allowing the applicant access to deep waters; Consistent: navigation will not be jeopardized within or near the project area. (1) Marinas shall be located and constructed so as to avoid adverse impacts on navigation throughout all federally maintained channels and their boundaries as designated by the US Army Corps of Engineers. Consistent: Project site is not within or near a federally maintained channel. (J) Open water marinas shall not be enclosed within breakwaters that preclude circulation sufficient to maintain water quality; Consistent: Project does not include a breakwater. �EGEIVED —�'-"Nothing Compares, ,. State of North Carolina I Environmental Quality I Coastal Management u D f��TY 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 D ('" M _ M r' 252-264-3901 v NMJ Properties, Incd Pelican Marina k,ecommendations January 30, 2017 Page 3 (K) Marinas which require dredging shall provide areas in accordance with Part (b)(1)(B) of this Rule to accommodate disposal needs for future maintenance dredging, including the ability to remove the dredged material from the marina site; Consistent: No dredging is proposed in conjunction with the marina. Excavation limited to installation of a boat ramp. (L) Marina design shall comply with all applicable EMC requirements for management of stormwater runoff. Stormwater management systems shall not be located within the 30-foot buffer area outlined in 15A NCAC 07H .0209(d); Consistent: WA existing marina. (M) Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and listing the availability of local pump -out services; Consistent: The existing marina provides pump -out services. (N) Boat maintenance areas shall be designed so that all scraping, sandblasting, and painting will be done over dry land with collection and containment devices that prevent entry of waste materials into adjacent waters; Consistent: Per the application no scraping, sandblasting or painting will be permitted at the marina. (0) All marinas shall comply with all applicable standards for docks and piers, shoreline stabilization, dredging and dredged material disposal of this Rule; Technically inconsistent see Bulkhead section below. (P) All applications for marinas shall be reviewed by the Division of Coastal Management to determine their potential impact to coastal resources and compliance with applicable standards of this Rule. Such review shall also consider the cumulative impacts of marina development in accordance with G.S. 11 3A-1 20(a)(1 0); and, Consistent: Permit issued for a marina. This application is to redesign the marina. (Q) Replacement of existing marinas to maintain previous service levels shall be allowed provided that the development complies with the standards for marina dey@Jq�rryeot wit�ipibi� Section. r�ti �� ��++ tt 11 vv tt Consistent: New marina, not replacement. FEB 0 6 2017 (7) Bulkheads: (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall apP%1letAdhWoC&TY normal high water or normal water level; While technically inconsistent, it should be noted that the shorelines around the Pasquotank River in and around Elizabeth City are known for having large amounts of metal, concrete and rock debris. The presence of this debris makes the replacement of bulkheads particularly difficult close to the older remnant structures. While the distance of 17' may seem excessive, the location of the maximum extent of the proposed bulkhead is along a scalloped shoreline within a marina, even with a 2' alignment waterward of the adjacent wooden bulkhead. (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; Consistent: No wetlands. "Nothing Compares State of North Carolina I.Environmenml Quality I Coastal Management 401 S Griffin Street I Suite 300I Elizabeth City, NC 27909 252-264-3901 NMJ Properties, Inc./ Pelican Marina Recommendations January 30, 2017 Page 4 (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; Consistent: Applicant will obtain backfill from a high ground commercial source. (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: NIA (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent (iii) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and, Consistent: NIA (iv) the property to be bulkheaded is in a non -oceanfront area. Consistent (E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads. Consistent: Given the residential character, location along a small canal of existing bulkheaded lots, vegetation, gabions and sloping riprap would not be recommended. Comments: 1) Boat ramps and ramp expansions are not directly addressed in the rules for Major Permits. It appears that the request is reasonable for a marina. 2) Existing development on the property that was not consistent with prior permits include a bathing facility and washroom on the second floor of the marina store and a kitchen area over the water in what was permitted as a storage building. The conversion of the two facilities was undertaken by a previous owner and prior to the Urban Waterfront designation of this property, as a result, staff >_ recommends that no action be taken to remove the improvements as long as state building codes F— are met and there is no discharge from the structures onto the adjacent property or the waters of L U the state. � 0 0 = Recommendations: g 1) Condition: Prior to operating the fuel dock spill kits be onsite and subject to inspection. 2) Condition: No discharge of any waste or wastewater shall be permitted at anytime into the adjacent waterbody. ❑ 'Nothing Compares State of North Carolina I Enviromnental Quality I Coastal Management 401 S Griffin Street I Suite 300 1 Elizabeth City, NC 27909 252-264-3901 R NMJ Properties, Inc./ Pelican Marina Recommendations January 30, 2017 Page 5 3) Condition: Any floating structure moored at the manna shall be in conformance with local regulations for on shore sewage treatment. A boat may be deemed a floating structure when its means of propulsion has been removed or rendered inoperative and it contains at least 200 square feet of living space area. (This condition is requested due to the growing number of deteriorating vessels being used as living quarters at the marinas) RECEIVED FEB 0 6 2017 DCM- MHD CITY RECEIVED FEB 0 6 2011 DCM- MHD CITY �/ Nothing Compares State of North Carolina I Envirumnental Quality I Coastal Management 401 S Griffin Street I Suite 3001 Elizabeth City. NC 27909 252-264-3901 C Kra. 7. RECEIVED JAN 3 0 201�7 Coastal Management ENVIRONMENTAL QUALITY BY• January 23, 2017 MEMORANDUM TO: Clif Whitfield, Environmental Engineer DWR—Public Water Supply Section, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management ROY COOPER Gt.:irLr WILLIAM G. ROSS, JR. SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Niels and Melissa Jensen, NMJ Properties, LLC Project Location: 43 Camden Causeway, Elizabeth, Pasquotank County b?v ne sv.,vlan BRAXTON DAVIS x,r .,v Proposed Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. : Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557- (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: T This agency has no objection to the project as proposed. V 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- '✓fiWl// DATE I ^)O° �46 17 w!-^Nothing Compares �. State of North Carolina I Environmental Quality I Coastal Management 401 S. GriTm St., Ste 3001 Elizabeth City, NC 27909 252.264-39011252-331-29.51 [fax] Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: ROY COOPER WILLIAM G. ROSS, JR. Immim Senetan BRAXTON DAVIS 1 lww, Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Niels and Melissa Jensen, NMJ Properties, LLC 43 Camden Causeway, Elizabeth, Pasquotank County Proposed Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. L---T s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE / —1 % —/ 7 R E C I V E D JAN 3 0 2017 �"Nothing Compares � DCFA- E'HD UTY State of North Carolina I Environmental Quality I Coastal Management 401 S. Gd & St., Ste 3001 Elizabeth City, NC 27909 252.26439011252-331-2951 [fax] RECEIVED FEB 01 2017 - DCM-j� Coastal Management III ll JAN 2 6 2011 ENVIRONMENTAL QUALITY January 23, 2017 Shellfish Sanitation 6 Recreational Water ouali:y Sec: on MEMORANDUM ROY COOPER WILLIAM G. ROSS. JR. lwnm sener� BRAXTON DAVIS Dne<m, TO: Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Niels and Melissa Jensen, NMJ Properties, LLC Project Location: 43 Camden Causeway, Elizabeth, Pasquotank County Proposed Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. V/ 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(,IAGUC DATE 1 130117 FOR-- SVioLvine-n )-6nlCinS !'� Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Grifrin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951[tax) Y REC' ,VM _, m JAN 8 b 2017 Coastal Management DOA ENVIRONMENTAL QUALITY STATE PROPERTY OFFICE January 23, 2017 MEMORANDUM TO: Tim Walton, Manager State Property Office FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management ROY COOPER WILLIAM G. ROSS, JR. 7aarnm Sonemn BRAXTON DAVIS D:v:ro, SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Niels and Melissa Jensen, NMJ Properties, LLC Project Location: 43 Camden Causeway, Elizabeth, Pasquotank County Proposed Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: his agency has no objection to the project as proposed. PGe)4;,C 5EE This agency has no comment on the proposed project. ftA40 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; (t-� I74 JAN 31 2017 !-`Nothing Compares State of North Carolina I Environmental Quality I Coastal Management DC M- M H D CITY 401 S. Griffin St, Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] ROY COOPER Governor State Property Office ADMINISTRATION January 4, 2017 TO: Doug Huggett Major Permits Coordinator FROM: Everette Moore Real Property Agent RE: CAMA Marina Renovation and Expansion Application Review Applicant — Niels and Melissa Jensen, NMJ Properties LLC Pelican Marina, Elizabeth City, Camden County MACHELLE SANDERS Secretary REPLY: Please confirm that the proposed construction stays within the current easement area. RECEIVED JAN 31 2017 DCM- MHD CITY Nothing Compares State of North Carolina I Administration I State Property Office 1321 Mail Service Center 1116 W. Jones Street I Raleigh, NC 27699-1321 httl2://www.ncspo.orgl9l98074650 T 1919 7331431 F i (;a I I j Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: ROY COOPER RECEIVED - - WILLIAM G. ROSS, JR. JAN J 0 20V Dcm-F:tst,wrr. WAIRO Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Niels and Melissa Jensen, NMJ Properties, LLC 43 Camden Causeway, Elizabeth, Pasquotank County BRAXTON DAVIS Dvr:n Proposed Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and retum.this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-33301. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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 �Z/ 7 i Nothing Compares.- . . State ofNorth Carolina I Fnvitomnental Quality I coastal Management 1 401 S. Griffin St., Ste 30011]irabeU, City, NC 27909 252.264.39011252-331.2951[fax] ROY COOPER s MI'CHAEL &,PEGAN. ArSecretary N Coasta[Management. !BRAXTON C. DAVIS EK%nPQNMENTAL:gQ4JTV ZhketfaP i MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Niels and Melissa Jensen, NMJ Properties, LLC DATE: 2/7/17 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 is proposing redevelopment and improvements of the property at 43 Camden Causeway in Elizabeth City adjacent to the Pasquotank River. The, applicant proposed to install a 432' bulkhead straightening the shoreline that is currently scalloped in shape but hardened with rock and concrete resulting in the fill of 1,681sf of bottom. There is a a marina store on the property to which an 83,' boardwalk and 40.5' floating pier will be added. There is an existing boat ramp which the applicant desires to redevelop and widen by 5' as well as add groins to either side of, I I' and 14' respectively. A 59' x 4' pier is proposed over an existing 59' x 2' breakwater; a 64' x 4' floating dock will run adjacent to the this pier with three I0' x 3' finger piers. For the fuel dock the applicant proposes to redesign an existing pier with and irregularly shaped platform by squaring the platform. A 118' x 8' floating dock is proposed perpendicular to the fixed fuel pier to allow for safe fueling of vessels. This are will also have a pump -out station. Along the eastern side of the property adjacent to 5 existing slips an 83' x 4' fixed dock with 3 10' x 4' floating finger piers to access the slips is proposed. Upland work will include grading and improvements of the parking and access to the marina The Pasquotank River in the area of the proposed development is designated as an Anadromous Fish Spawning Area (AFSA) waterbody by the Division of Marine Fisheries (DMF). This designation means the waterbody is known to be critical habitat to the spawning migration of anadromous fishes such as American and Hickory Shad, Striped Bass, Sturgeon, Alewife, and herring. The construction of projects such as this include driving multiple pilings, excavation; and filling which will lead to increase noise and turbidity which could have a negative impact on spawning activity in the area. In order to reduce the potential for negative impacts on the spawning activity of these fishes this project to be conditioned with an in -water work moratorium from February 15 — June 30. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. StateoFNortfrr"d1na ) Fnv!ro enta1QuaHty1't'aostaE%tanagemrn! Wa6tin9Pfi0ffice I sas WaSNn�ronSqua�clNall: i.:washingtan,Nartti Carolina 2FBa4 252946t4a1 K�r`v. Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER WILLIAM G. ROSS. JR. BRAXTON DAVIS Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Niels and Melissa Jensen, NMJ Properties, LLC 43 Camden Causeway, Elizabeth, Pasquotank County Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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. SDI=-EzT•s�sit� SIG DATE RECEIVED FEB 10 2017 '� Nothing Compares State of North Carolina I Environmental Quality I Coantal Management D C M - M H D CITY 401 S. Grim St, Ste 3001 Elisabeth City, NC 27909 252-264-39011252-331-2951 [fax] ROY COOPER Governor MICHAEL S. REGAN Secretary Coastal Management BRAXTON C. DAVIS DIiCCfOr ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett, Major Permits Coordinator Division of CoXIC11P, anagement FROM: Charlan Owen NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by NMJ Properties, LLC to install 432 linear feet of bulkhead and associated backfill, a 4 foot wide by 40.5 foot long floating dock, a 3.1 foot wide by 78 foot long dock extension, two (2) sections of 4 foot wide wooden walkway totaling 351 linear feet, a 156 sq. ft. addition to a terminus platform, a fuel pump and permanent waste pumpout, an 8 foot wide by 118 foot long floating fuel dock, a 20 foot wide by 25 foot long boat ramp, a 10 foot long groin, a 14 foot long groin, two (2) 4 foot wide by 28 foot long docks, a 698 sq. ft. platform expansion, a 4 foot wide by 59 foot long pier, a 4 foot wide by 64 foot long floating dock with three (3) 4 foot wide by 10 foot long floating finger piers providing five (5) boat slips, a 4 foot wide by 83 foot long fixed dock with three (3) 4 foot wide by 10 foot long floating finger piers providing five (5) boat slips, and twenty-seven (27) tie pilings on the Pasquotank River, and; grade and place gravel; on the property at 43 Camden Causeway, in Elizabeth City, NC. DATE: February 7, 2017 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County/Elizabeth City 2004 Advanced Core Land Use Plan (LUP) certified by the CRC on February 9, 2012. Overview: The .65 acre property has approximately 542 linear feet of shoreline along the Pasquotank River. The site is minimally vegetated with domestic grasses and weeds. The property is low lying with an average elevation of 1 foot above Normal Water Level (NWL). A 14 sq. ft. patch of wetland plants is located on the shoreline to the east. Water depths adjacent to the shoreline are between -2.8 feet to -4.5 feet. Water depths are between -9.2 feet and -9.6 feet approximately 220 feet waterward of NWL. The property is located within the AE Floodzone. Approximately 80% of the site is covered in gravel parking area. A fenced dumpster and a 1,000 gallon capacity fuel tank are located on the gravel area. The city provides water and sewer service to the site. Existing shoreline improvements consist of wood, stone and concrete sections of bulkhead; a pile -supported 40 foot by 80 foot primary structure over water with a marina store on the lower level and a second floor laundry and bathing facility; a dock with associated tie pilings on the west side of the store; a 3 foot wide by 84 foot long landward walkway along the storefront; an 8 foot wide by 177 foot long pier with a terminus platform and associated finger piers and tie pilings that includes a storage building on the platform used to store a portable pump -out; a 13 foot wide by 25 foot long boat ramp; a 4 foot wide by 28 foot long concrete breakwater/courtesy Nothing Compares� RECEIVED State of North Carolina I Environmental Quality l Coastal Management FEB 10 2017 Elizabeth Ctty Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 DCM- MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 7 dock with associated finger piers and tie pilings; a storage building on a platform over the water housing a kitchen for owners living at the marina, an 8 foot wide by 215 foot long pier with associated finger piers and tie pilings, and; a 4 foot wide floating dock. A total of fifty-eight (58) slips are delineated. A total of sixty-two (62) slips are approved for the site. Thirty-five (35) slips are privately owned. Existing improvements are in various stages of disrepair. Installation of 432 linear feet of bulkhead and associated backfill, a 4 foot wide by 40.5 foot long floating dock on the west side of the store, a 3.1 foot wide by 78 foot long dock extension at the rear of the store, two (2) sections of 4 foot wide landward wooden walkway totaling 351 linear feet, a 156 sq. ft. addition to the terminus platform for the pumpout, a fuel pump and permanent waste pumpout, an 8 foot wide by 118 foot long floating fuel dock, a 20 foot wide by 25 foot long boat ramp, a 10 foot long groin, a 14 foot long groin, two (2) 4 foot wide by 28 foot long docks, a 698 sq. ft. platform expansion adjacent to the storage building/kitchen, a 4 foot wide by 59 foot long pier, a 4 foot wide by 64 foot long floating dock with three (3) 4 foot wide by 10 foot long floating finger piers providing five (5) boat slips, a 4 foot wide by 83 foot long fixed dock with three (3) 4 foot wide by 10 foot long floating finger piers providing five (5) boat slips, and twenty-seven (27) tie pilings, and; the grading and placement of gravel are proposed. To provide a straight alignment, the bulkhead will be installed a maximum distance of 17 feet waterward of NWL. The sections of landward wooden walkway will run along the storefront and parallel the bulkhead. The permanent waste pumpout will replace the portable pumpout. The wider boat ramp will replace the existing ramp. The two (2) groins and the two (2) 4 foot wide by 28 foot long docks will be located on either side of the new boat ramp. The waters of the Pasquotank River in this area are classified as SC and Joint waters in this and are closed to shellfish harvesting. There is no Submerged Aquatic Vegetation (SAV) adjacent to the property. There are no known geological formations or archaeological resources associated with the property. Anticipated Impacts resulting from this project are expected to include: the dredging of 162 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the filling of 1,779 sq. ft. of Public Trust Area/Estuarine Waters AEC and .40 acre of Estuarine Shoreline AEC, and; the shading of 3,096 sq. ft. of Public Trust Area/Estuarine Waters AEC. Basis for Determination: The Pasquotank County/Elizabeth City 2004 Land Use Plan identified the project site as "General Commercial". As indicated on Page 165 of the Elizabeth City Future Land Use Plan Map (FLUPM), "Conservation/Open Space" areas include parks, coastal wetlands, estuarine waters, estuarine shoreline, public trust waters, and non -coastal '404' wetlands. A glossary of terms used in the policy statements is provided on Page 127. These include: Continue: Follow past and present procedures to maintain desired goal, usually with elected officials, appointed officials, and staff involved at all levels from planning to implementation. RECEIVED Nothing Compares_ FEB 10 2017 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 DC M- M H D CITY 252 264 3907 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 7 Encourage: To stimulate or foster a particular condition through direct or indirect action the private sector or through local government regulation, staff recommendation and decisions. Promote: Advance the desired state through the use of local government policies and codes and elected officials, appointed officials, and staff involved at all levels of planning. This may include financial support. Support: Supply the needed staff support, policies, and financial assistance at all levels to achieve the desired goal." The following LUP policies may be applicable to this request: Public Access: Policy 2, Page 133. "Ensure that the issue of public access to public trust waters is addressed as new waterfront development proposals are reviewed for approval." Policy 6, Page 133. "Continue to encourage the development of public and private marina facilities offering access to area waters for both transient and local boat traffic. However, development of marina facilities must conform to state, local and federal environmental regulations. Marinas that are incompatible with the surrounding land uses or whose designs fail to meet the development and environmental quality standards in addition to CAMA standards shall not be approved." Policy 7, Page 133. "Encourage pedestrian access to and utility of the waterfront, in order to enhance its commercial development/tourist attraction potential." Land Use Compatibility: Policy 1, Page 133. "Ensure that land use and development activities provide a balance between economic development needs and protection of natural resources and fragile environments." Policy 4, Page 133. 'The City believes that future land development patterns should be done so attpiECEIVED enhance the City's natural scenic and aesthetic qualities. This policy s FEB 10 2017 Nothing Compiares� State of North Carolina I Environmental Quality l Coastal Management DCM- MHD CITY Elizabeth City Office 1 401 South Griffin Street, Sulte 300 1 Elizabeth City, North Carolina 27909 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 7 especially apply to any development relating to the Pasquotank River and to commercial activities along the major thoroughfares." Policy 12, Page 134. "1t is the policy of Elizabeth City to ensure consistency of land use and development proposals with the goals, objectives, and policies of the adopted Land Use Plan." Natural Hazard Areas: Policy 2, Page 136. `The City shall continue to require development and redevelopment within special flood hazard areas to meet the standards of the National Flood Insurance Program and the City's Flood Hazard District Overlay. Particular attention should be given to water and wastewater systems located in areas of special flood hazards to insure that the systems are designed to minimize or eliminate floodwater infiltration." Water Quality: Policy 2, Page 137. "Elizabeth City endorses policies and actions which protect the water quality of the City's estuarine system by preventing soil erosion, sedimentation and controlling the storm water run-off quantity and quality." Policy 3, Page 137. "Run-off and drainage from development activities shall be of a quantity and quality as near to natural water as possible. Continue to support the use of Best Management Practices (BMP) in developments, and redevelopments in order to reduce sedimentation and pollution run-off." Policy 5, Page 137. "Regulate the adverse effects of increased storm water runoff associated with proposed and existing land development activities within the City and regulate illegal non -storm water discharges to the storm water drainage system." Policy 6, Pages 137 and 138. "Encourage developments to preserve the natural elements of the site including existing topography and significant existing vegetation..." Nothing Compares RECEIVED FEB 10 2017 State of North Carolina I Environmental Quality I Coastal Management r Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 2 09 M HD CiTy 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 7 Policy 7, Page 137. 'The City encourages the retention of natural, or man-made, vegetative buffers along the edge of streams, wetlands and major drainage ways as an effective means of protecting the water quality." Areas of Environment Concern: Policy 1, Page 138. "Support state and federal law regarding land use and development in Areas of Environmental Concern (AEC)." Policy 2, Page 138. 'Within AEC, permit those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses include utility easements, docks, boat ramps, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy 3, Page 138. 'Elizabeth City believes that the statutory AEC which occur within its jurisdiction, i.e., Coastal Wetlands, Estuarine Waters, Estuarine Shorelines and Public Trust Waters should be protected from undue encroachment in order to preserve their natural and important ecological functions." Policy 5, Page 138. "Restrict development in estuarine waters and public trust waters to those uses that will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas." Policy 6, Page 138. 'The City believes that any development permitted must conform to State, Local and Federal environmental regulations and not cause a degradation or irreversible damage to the sensitive estuarine system." Policy 7, Page 138. "Elizabeth City, with an extensive shoreline along the Pasquotank River, believes that all Public Trust Waters should be open to public navigation." RECEIVED Nothing Compares_ FEB 10 Z017 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 H D CITY 252 264 3901 D C M- North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 6 of 7 Policy 11, Page 138. "Support the development of marinas, in compliance with existing environmental regulations." Policy 12, Page 138. 'Elizabeth City recognizes the need and use of marinas as both an important recreation support resource, and as an economic development resource. At the same time, as discussed above, the City does not wish to see unnecessary degradation of its waters." Policy 13, Page 138. "...All marinas, regardless of location, must comply with applicable local, state, and federal regulations." Policy 16, Page 139. "Encourage the retention, or creation, of vegetated buffer areas along estuarine shorelines as a means of preventing pollutants and sedimentation from entering the estuarine waters. The City supports CAMA standards for all coastal shorelines, whether estuarine or otherwise." Policy 17, Page 139. 'Wetlands play a critical role in absorbing floodwaters, filtering pollutants and sedimentation from storm run-off in addition to recharging the ground water. The City strives to conserve all wetlands, including freshwater forested/shrub wetlands and freshwater ponds." Policy 18, Page 139. 'The City supports continued enforcement of the CAMA and non -coastal or '404' Wetlands development permit processes and the efforts of the Corp of Engineers in protecting wetlands through the Section '404' permit program of the Clean Water Act." Areas of Local Concern: Policy 5, Page 139. 'The City's economic development efforts will continue to include a balanced emphasis on downtown revitalization (including rehabilitation/reuse of vacant, usable buildings), waterfront development, and development in areas away from the downtown..." RECEIVED othtng Cornpares� FEB 10 2017 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina �� M _ M H D CITY 2522643901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 7 of 7 Policy 22, Page 140. "Support the development and expansion of travel and tourism facilities as part of its move toward economic diversification. However, all such facilities must be consistent with policies on protecting and managing its resources." �Nothtng Compares,..._ State of North Carolina I Environmental Quality l Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 RECEIVED FEB 1 0 2017 DCM- MHD CITY 1 Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: :Z�3Yiw01932:17 WILLIAM G. ROSS. JR. Inmrtm 5�. BRAXTON DAVIS Dr.CC (a• e.1-9.D1 2f .Oy Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Niels and Melissa Jensen, NMJ Properties, LLC 43 Camden Causeway, Elizabeth, Pasquotank County Proposed Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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 hA �i IZ— DATE --"Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 401 S. GriRn St., Ste 3001 Ei>abeth City, NC 27909 252-264-39011252-331-2951 ffmj ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: February 10, 2017 SUBJECT: CAMA Dredge/Fill Permit Application for Niels and Melissa Jensen, NMI Properties, LLC, Pasquotank 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 43 Camden Causeway adjacent the Pasquotank River in Elizabeth City, 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 renovate and expand the existing Pelican Marina. The proposal includes piers, platforms, a boat ramp, a floating fuel dock/platform, and bulkhead replacement. The Pasquotank River at this location is classified SC by the Environmental Management Commission and is designated an anadromous fish spawning area by the NC Division of Marine Fisheries and NC Wildlife Resources Commission. The NCWRC has reviewed the permit application and does not object to the project proposal if the following conditions to minimize impacts to aquatic resources are included as permit conditions: — To minimize impacts to anadromous fish, no in -water work should be conducted from February 15 — June 30 of any year. — The docking facility should have reflectors to aid vessel navigation at night. If a lighting system is included in facility design, we request the lights not be directed at the water to distract fish migrations. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 44 CMDF_Niels .leneen (Pelican Marine) Page 2 February 10, 2017 — The design of the facility should be so it does not encroach on any navigation channel or navigation channel setback. — A management plan should be developed that addresses overnight docking, spills, what spill control and clean-up equipment will be available, and minimally identifies whether a trained dock master will monitor the area. This plan should also include the posting of information for boaters including emergency numbers and facility contacts. 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.dunnna ncwildlife.org �r�)�tiliC Coastalddanagement ENWAONM£NTAL DUAL Tt' January 21, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Renee Gledhill -Early NC Depirnnent of Cultural Resources Doug Huggett. Major Permits Coordinator Division of Coastal Management ROY COOPER WILLIAM O. ROSS JR. BRAXTON' DAVIS [ I`) - () I Ca CAMA(DREDGE & FILL Permit Application Review Niels and Melissa Jensen, NMJ Properties, LLC 43 Camden Causeway, Elizabeth, Pasquotank County Proposed,Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: 'Phis 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 D ATE 7�t Icthinc2 Compares -,.-_ State of Nonh Carolina) Ervironmcntal Quality I Coastal Mwn$anent 401 S. Griffin S1.,:Ste 300! Elizabeth City, NC 27909 232.24:-3901f252-331-2951 tkxl ]AN 2 7 207 If ROY COOPER G;a mvvl. 5: RECr iVED1NCDr-N'S/ VVR V'VILLIAM G. ROSS, JR. ' Axr:wsr:e:rr Coastal Management i WAN 27 Z017 ENVIRONMENTAL QUALITYBRAXTON DAVIS Water Quality Regional �.,. Ona section January 23, 2017 Weshiagion Pag'onal Office MEMORANDUM TO: Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Doug Hugge% Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Niels and Melissa Jensen, NMJ Properties, LLC Project Location: 43 Camden Causeway, Elizabeth, Pasquotank County Proposed Project: Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: Z 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 94J— ,y, � 4k4L,, DATE C.N r.r OV 11C"y« !'! Nothing Compares. - State ofNoM Carotins IFmvironmeolai QualityI Coastal Management 001 S. an5m Sy Ste 3001 Elizabeth City, NC27909 252-260-3901 1 252-331-2951 [fmtj Kra. Coastal Management ENVIRONMENTAL QUALITY January 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: ect Location: �/ Proposed Project: ROY COOPER Gawt" _-- WILLIAM O. RO§S; JR- _ �ilaVlNeYCLYe]JT BRAXTON DAVIS DJ:41ar Thomas Christopher Niver; State Hwy Administrator NC Department of Transportation Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Niels and Melissa Jensen, NMJ Properties, LLC 43 Camden Causeway, Elizabeth, Pasquotank County Renovation & expansion to Pelican Marina, to include piers, platforms, boat ramp, a floating fuel dock/platform & a replacement bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/13/17 to 400 Commerce Avenue Morehead City, NC 28557 (tax: 252-247-3330). If you -haw any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: t/fliis agency has no objection to the project as proposed. SIGNF 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 continents. DATE 3 1•7-7 Nothing Compares. State of Noro, cmliao I Dyim.lw QwtitY I comud N41119e111eat 401 S. 0611Sn St.. Ste 30U I SSnheth City, NC 27909 252.264.30011252a31.2951C&I ZO/ZO 39pd _ lOQON 6ELPT66ZSZ T£:60 LIOZ/ET/E0 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY March 2, 2017 NMJ Properties, LLC Attn: Mr. Niels Jensen 403 E. Fearing St Elizabeth City, NC. 27909 ROY. COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Subject: Stormwater Permit Exemption Stormwater Project No. SW7170108 CAMA Major for Pelican Marina Camden County Dear Mr. Jensen: On January 27, 2017, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA application for a renovation project located at the Pelican Marina near Elizabeth City, NC. The proposal included piers, platforms, a boat ramp, a floating fuel dock & bulkhead work. 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 since no new impervious area is proposed. 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 2H.1000, For this reason, we are informing you by way of this letter that your project will not require a State Starmwater 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 aviolation of 15A NCAC 2H.1000 and may result in appropriate enforcement actions by this Office. In a related matter and byway of this letter, we are informing you that Marinas are classified as an industrial activity that must control stormwater discharges. The State of North Carolina has issued a General Stormwater Permit that addresses the concerns and impacts associated with stormwater discharges from marina facilities. For clarification, this is a separate and different type of stormwater permit from the State Coastal Stormwater Program. The Notice of Intent for coverage under stormwater permit NCG190000 and the permit requirements can be found on our Department web page at NCDEQ -NPDES Industrial Stormwater. The Technical Bullentin for NC General Stormwater Permit NCG190000 is enclosed for your reference. Nothing Compares.. State of North Carolina I Environmental Quality I Energy, Mneral and Land Resources Washington Regional Office 1943Washington Square Mail I Washington,NC.27889 252 946 6481 NM] Properties -March 2 201 ..Page Two 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: Gregg Bodnar, DCM, Morehead City Stormwater Permitting Unit, Raleigh Central Office Washington Regional Office Nothing Compares StateofNorth Carolina I Environmental Quality I Energy, Mineral and land Resources Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889 252 946 6481 ROY COOPER Governor MICHAEL S. REGAN Water Resources S. JAY ZIMMtERMAN Environmental Quality Director March 23, 2017 DWR k 2017-0125 Camden County NMJ Properties, LLC ATTN: Mr. Niels Jensen and Mrs. Melissa Jensen 403 E. Fearing Street Elizabeth City, North Carolina 27909 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Pelican Marina —Jensen 431 Camden Causeway Dear Mr. and Mrs. Jensen: You have our approval for the impacts listed below for the purpose described in your application dated January 5, 2017 and received by the Division of Water Resources (Division) on January 27, 2017. These impacts are covered by the attached Water Quality General Certification Number 4097 and the conditions listed below. This certification Is associated with the use of Regional General Permit Number 291 once It is Issued to you by the U.S. Army Corps of Engineers. 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 the other specific and general conditions of the Certification are met. No other Impacts are approved, Including incidental impacts. [35A NCAC 028 .0506(b)(c))1 - Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Waters 0,115 (acres) 0 (acres) DWI —Bulkhead Fill 0.039(acres) 0(acres) OW2—Boat Ramp 0.002 (acres) 0 (acres) OW3—Bulkhead Excavation 0.003 (acres) 0 (acres) OW4—Marina Store 0.002 (acres) 0 (acres) OW5 — Marina Store — dock extension 0.002 (acres) 0 (acres) OW6—Boat Ramp — short groins (2) 0.003 (acres) 0(acres) OW7 — Platform and Storage Building 0.016 (acres) 0 (acres) OWB — Pier over breakwater 0.003 (acres) 0 (acres) OW9 — Floating Dock & Finger Piers 0.009 (acres) 0 (acres) OW10—Fuel Docks 0.004 (acres) 0 (acres) OW31— Floating Fuel Dock 0.022 (acres) 0 (acres) OW 12 — Fixed Dock 0.010 (acres) 0 (acres) <' 'Nothing Compares'!., State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington square Mall, Washington, North Cuohna 27889 252-946-6491 NMJ, LLC DWRff 2017-0125 ' 401 APPROVAL Page 2 of 3 -.._=._.__.__._.__w_ 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4097. fiSANCACO2B.0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [35A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 4. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 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 htto:/Iwww.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). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): - - - Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 NMJ, LLC DWR# 2017-0125 401APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.oullinaer0ncdenr.gov if you have any questions or concerns. Sincerely, e� Robert Tankard, Assistant gional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4097 Certification of Completion cc: Josh Pelletier USACE Washington Regulatory Field Office (via email:Josh.R.Pelletier@usace,army.mil) Gregg Bodnar, Morehead DCM (via email:gregg.bodnar@ncdenr.gov) Warren d. Eadus, Quible & Associates, P.C. (vla e-mail: weadus@quible.com) DWR WaR0401 File Laserfiche Bodnar, Gregg From: Sent: To: Subject: Attachments: Mr. Huggett, Pelletier, Josh R CIV CESAW CESAD (US)<Josh.R.Pelletier@usace.army.miI> Thursday, March 23, 2017 9:19 AM Bodnar, Gregg NJM-Elizabeth City-20 (, -ADO NMJ CL31.docx The U.S. Army Corps of Engineers, Wilmington District has authorized Mr. Niels Jensen to construct/replace approximately 456 linear feet of bulkhead in a straight alignment with maximum distance of 17 ft below MLW, construct a new 351' x 4' boardwalk/walkway, repair existing marina store, replace the existing 13' x 25' boat ramp with a 20' x 25' ramp with associated 11' groins on each side, construct a 1,394 square foot platform an a 696 sgft access ramp, construct a 59' x 4' pier over an existing breakwater, install 256 sgft floating dock with (3) 10' x 4' finger piers, construct a 118' x 8' floating fuel dock, install a 83' x 4' fixed dock with (3) floating finger piers, and install 27 new tie pilings, at 431 US Highway 158 West, adjacent to the Pasquotank River, in Elizabeth City, Pasquotank County, North Carolina. This authorization was issued via Programmatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All terms and conditions of this permit apply. Please attach the following SPECIAL conditions in this permit. All work authorized by this permit must preformed in strict compliance with the attached plans, which are a part of this permit. Any modification of these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. If you have any questions or concerns please let me know! 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://corpsmapu.usace.army.mil/cm—apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. rft March 23, 2017 Regulatory Division Action ID No. SAW-2017-00600 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Niels Jensen to construct/replace approximately 456 linear feet of bulkhead in a straight alignment with maximum distance of 17 ft below MLW, construct a new 351' x 4' boardwalk/walkway, repair existing marina store, replace the existing 13' x 25' boat ramp with a 20' x 25' ramp with associated 11' groins on each side, construct a 1,394 square foot platform an a 696 sgft access ramp, construct a 59' x 4' pier over an existing breakwater, install 256 sqft floating dock with (3) 10' x 4' fmger piers, construct a 118' x 8' floating fuel dock, install a 83' x 4' fixed dock with (3) floating finger piers, and install 27 new tie pilings, at 431 US Highway 158 West, adjacent to the Pasquotank River, in Elizabeth City, Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the ,,Xal tached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this �fAvct permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands.) This permit does not,, c�c� authorize temporary placement or double handling of excavated or fill material within waters or �" 0 wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right i� to free navigation on all navigable waters of the United States. No attempt will be made by the Iacpc, permittee to prevent the full and free use by the public of all navigable waters at or adjacent to Y� the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this k project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management �I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: NMJ Properties, LLC 2. LOCATION OF PROJECT SITE: 43 Camden Causeway, Elizabeth City, North Carolina Photo Index: 2006: 237-7742 L 8& 9 and M 8& 9 State Plane Coordinates: X: 2821203.076ftUSE Y: 939808.172ftUSN 3. INVESTIGATION TYPE: CAMAID&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: 10/12/2016 and 01113/ 2017 Was Applicant Present: Yes No 5. PROCESSING PROCEDURE: Application Received Complete: January 6, 2017 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Elizabeth City LUP Land Classification: Commercial Mixed Use (B) AEC(s) Involved: PTW, EW, & ES (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing: Sewer Planned: Sewer (F) Type of Structures: Existing: Marina store, docking facility for 62 vessels, wooden and stone/concrete bulkhead, fenced dumpster, two timber piers with 25 finger piers, 2 authorized storage buildings over the water, a boat ramp with courtesy pier, landward walkway in front of the ships store, two platforms, and associated be pilings and infrastructure. Planned: Fixed pier, 3 floating pier/ docks, 6 floating finger piers,1 platform expansion, expanded boat ramp with 1 new courtesy dock (replace existing), and a floating platform/ fuel dock, a replacement bulkhead, and new tie pilings. A stationery pump -out will also be placed on the fuel dock. (G) Estimated Annual Rate of Erosion: N/A DREDGED FILLED SHADING 7. HABITAT DESCRIPTION. (A) Shallow Water Bottom: EW & PTW 162sf 1,779sf 3,096sf (B) High Ground: ES 17,500sf (C) Other: N/A (D) Total Area Disturbed: 22,537 Square Feet/ .517 Acres (E) Primary Nursery Area: No (F) Water Classification: SC Open: No JAN 2 5 2017 DCM- MHD CITY NMJ Properties, LLC Pelican Marina Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant is proposing to renovate and expand access to an existing marina along the Camden Causeway within Elizabeth Cities Extra -territorial jurisdiction. Proposed work will include constructing a fixed pier expansion along the back of the marina store, the addition of a new a floating dock on the west side of the marina store, the expansion of an existing boat ramp from a 13' to a 20' width, replacement of a courtesy pier and the addition of a second courtesy pier adjacent to the boat ramp, the repair and expansion of a platform with an existing storage building, the addition of a new fixed pier over an existing concrete breakwater to a floating pier and 3 finger piers, the addition of a floating dock and 3 finger piers on the east side of the property paralleling the shoreline, the addition of a floating fuel dock/platform at the end of the main pier, and the construction of a 456' replacement bulkhead. Project Settin'a Niels and Melissa Jensen purchased the Pelican Marina under the name of NMJ Properties, LLC in 2016. The marina is located at 43 Camden Causeway (U.S. Highway 158) in Camden County, but the property falls within the Extra Territorial Jurisdiction (ETJ) of the City of Elizabeth City. The site is—1,300' east of the Pasquotank/ Camden County line, in and adjacent to the Pasquotank River. Camden County and Elizabeth City zone the property as Mixed Use - Commercial. The property is classified as Urban Waterfront, with municipal services provided by the City of Elizabeth City. Adjacent uses include a vacant restaurant and a small strip of vacant land owned by the City of Elizabeth City. Pelican Marina is bounded to the north by US 158 and to the south by the Pasquotank River and consists of a small narrow of land strip along Highway 158 totaling 28,475 square feet. The project site is completely within the 75' Area of Environmental Concern. Approximately 80% of the property is covered by a gravel parking lot, and has — 542 linear feet of shoreline. The property is the site of a marina that has been approved for 62 slips, but currently has 58 delineated slips. Amenities at the marina include:1) a 40' x 80' marina store located over the water, 2) a small dock on the west side of the store, 3) a storage building on a platform over the water has been converted to a kitchen (for owners living at the marina) in violation of CAMA Major Permit #40-04, which was issued for the replacement of a storage building, 4) a second storage building is located at the end of a 177' x 8' pier located behind the marina store and is used to store a portable pump -out, 5) a boat ramp and small courtesy dock are locate on the east side of the marina store, 6) a 215' x 8' pier is located on the east side of the boat ramp, 7) erosion control structures include both wooden and stone/concrete bulkheads, 8) on the landward side of the marina there is a gravel parking lot. Within the last six months a fenced dumpster was placed approximately 30' from the water in the existing gravel parking lot along with an above ground 1,000-gallon capacity fuel tank (immediately adjacent to the bulkhead). A 4' wide floating dock was also placed in the water paralleling the shoreline on the west side of the property in anticipation of obtaining a CAMA Permit. While the owners were given a warning, no violation was issued at the due to the pending CAMA Major Permit submittal. The closest pier to the Pelican Marina property is —295'. Classification of the adjacent waterbody is SC fro the Norfolk Southern Railroad Bridge above the causeway to a line between Cobb Point and Hospital P-QLAMI below the causeway. The waters within the project area are "Joint" and as such are Estuarine Waters. W&t o depths along the bulkhead are between -2.8' and 4.5'. Depths are between -9.2' and -9.6' at the end oft* existing piers (220' waterward of NWL). There is no submerged aquatic vegetation adjacent to the su ' t z property, and there are no wetlands associated with the property with the exception of a —14sf patch of At Q U Q 2 Z U O �rJ NMJ Properties, LLC Pelican Marina Field Investigation Report Page 3 Arum along the timber bulkhead on the east side of the property where there is a small breach. Other vegetation on the property is limited to a few ornamental shrubs and a variety of domestic grasses and weeds. There are no known geologic formations or archaeological sites associated with the applicant's property. The property is question is low lying with an average elevation of only 1' above NWL, and is subject to regular flooding. All water entering the property drains directly into the Pasquotank River. The marina store is only a few inches higher that the adjacent grade, and as such is subject to regular flooding. During a recent site visit it was discovered that a second floor laundry and bathing facility was installed by a previous owner, in violation of prior state permits. It should be noted that at the time the property was not designated as an Urban Waterfront. It has since been determined that the location and character of the property fits the criteria for the property to be classified as Urban Waterfront. Development Proposal (Highlighted totals indicate new impacts) The applicant's, propose to repair and add piers, platforms and walkways as needed to provide safe access to existing slips within the marina and provide better services. New development will include the following: 1) Bulkhead Replacement: The applicants are proposing to construct a replacement bulkhead that will straighten the shoreline. The information submitted states that the existing bulkhead replacement will include 456'. Based on staff review it appears that the actual bulkhead with returns will be -432' plus to groins (10' and 14' on either side of the boat ramp). The maximum distance waterward of normal water level that the proposed bulkhead will be constructed is 17', and will result in the filling of 1,681 square feet (sf). According to the application the proposed straightening of the bulkhead will result in the excavation of 162sf of high ground along a section of concrete/ rock bulkheading that extends into the water bottom. According to the applicant's consultant there is no indication of failure along the concrete/rock section of bulkhead located on the east side of the boat ramp. It is within this area that placement of the new bulkhead will be a maximum of 17' waterward of NWL. Sections of the existing timber bulkhead have evidence of damage due to age. Shallow Bottom Water Fill = 1,681s The shallow bottom fill will create 1,681 sf of high ground within the 30' buffer, and of that -400sf will be covered with a wooden walkway paralleling the bulkhead, the remaining 1,281 sf will be covered with gravel for parking. Shallow Bottom Water Excavation = 162sf 2) Boardwalk/ Walkway: An existing boardwalk -84 x T extends along the front of the marina store on the north side of the building (partially over water). As proposed a new 351' x 4' boardwalk/walkway will be constructed, beginning at the western property line and terminating at the proposed fixed pier on the east side of the marina. The proposed walkway alignment v t�leLhr9d bulkhead alignment. 3) JAN 2 5 2017 DCM- MHO C'TY NMJ Properties, LLC Pelican Marina Field Investigation Report Page 4 4) Marina Store: The 40' x 80' marina store has 2,471 sf of an interior floor area on the first floor and an undetermined area on the second floor. In addition to repairs the owners would like to add a 40.5' x 4' (162sf) floating dock paralleling the building on the west side. Open Water Shading = 162sf A fixed 78' 3.1' dock extension is also being proposed on the rear (south) side of the marina store, of which 78' x 2' will be under an existing roof. New shading by the dock addition will be 78' x 1' (78sf). Open Water Shading = 78sf 5) Boat Ramp: Located on the property is an existing 13' x 25' concrete boat ramp. The applicant would like to replace the aging ramp and widen it to 20'. The widening of the ramp will result in the filling of 98sf of shallow bottom. Shallow Water Bottom Fill = 98sf On either side of the of,the new ramp the applicant proposes to construct two short groins to guide the concrete ramp into place and to add stability. As proposed, the ramp will be poured on high ground and pushed into place. The groins will be -11' and on the west side and -14' on the east side. In addition to expanding the ramp an existing 28' x 4' courtesy dock will be replaced on the west side of the ramp and a new 28' x 4' dock will be added on the east side of the ramp. Open Water Shading =112sf 6) Platform and Storage Building: Located on the east side of the boat ramp adjacent to the proposed courtesy dock/pier is a narrow concrete/ rock breakwater that is also used to access four boat slips with two finger piers. Next to the breakwater is a small pedestrian ramp leading to a platform with a storage building that has been converted to a kitchen. The owners propose to combine the ramp area, breakwater access and expand the front and east side as a single structure (platform). The combined total of the platform will be1,394sf. The existing platform and access ramp consists of 696sf. Resulting in an increase of 698sf. Open Water Shading = 698sf 7) Pier over Breakwater: Extending out from the platform over an existing concrete breakwater will be a 59' x 4 fix pier and will result in an increase of - 59' x 2' or 118sf of shading. Open Water Shading =118sf 8) Floating Dock & Finger Piers: Paralleling the fixed pier, waterward of the platform and storage building on the east side will be a 64' x 4' (256sf) floating dock with (3) 10'x4'finger piers (120sf), accessing (5) boat slips. RECEIVED Open Water Shading = 376sf ,IAN 2 5 2017 DCM- MHD CITY PIP NMJ Properties, LLC Pelican Marina Field Investigation Report Page 5 9) Fuel Docks: Located directly behind the marina stop: is the a 177' x 8' pier leading to a platform with a second storage building that houses a portable pump -out system. The platform is an irregular shape and the applicant would like to straighten out the platform, which will add 156sf to the platform. Open Water Shading =156sf The applicant would also like to add a 11 8'x 8' floating fuel dock. This will include the installation of a pump on the fixed platform and the installation of a permanent waste pump -out system. Open Water Shading = 944sf 10) Fixed Dock: Located on the east side of the marina is an area were five slips were added several years ago and later abandoned. The applicant would like to install an 83' x 4' (332sf) fixed dock leading to (3)10' x 4' (120sf) floating finger piers to access (5) slips. Open Water Shading = 452sf 10. Tie Pilings: The project includes the installation of 27 new tie pilings adjacent to existing slips. 11. High Ground Disturbance: In conjunction with the construction of the new bulkhead, boardwalk and boat ramp the project will include the grading and placement of gravel in the existing parking lot. Fill areas from the proposed bulkhead will receive gravel to expand the drive aisle and parking. High Ground Disturbance =-17,500sf A Spill Prevention, Control and Countermeasures (SPCC) Plan has been submitted with the applicant to address concerns about possible fuel spills at the marina. The plan states that employees will be trained on proper cleanup techniques and spill prevention kits will be available onsite. Anticipated Impacts 1) Project will result in the shading of 3,096sf of open water from the pier, finger piers and platforms. 2) Proposed development will result in the filling of 1,779sf of shallow water bottom. 3) The proposed development will result in the excavation of 162sf of shallow water bottom. 4) Total associated land disturbance will be 17,500sf. 5) Installation of pilings for the proposed piers and bulkhead will result in a temporary increase in turbidity within surrounding waters. 6) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. 7) The proposed improvements will allow for safer access to existing boat slips. 8) The addition of the permanent pump -out will provide more efficient service to local boaters. 9) The addition of a fuel dock increases the chance of fuel and oil to enter P adjacd V:WJV E sty. Submitted by: Lynn Mathis Date: January 19, 2017 JAN 2 5 2017 DCM- PAPD CITY Madna rock bulkhead / `.,•` \ ! • 'tom. ,. Afto 46 "GOOSIC �100 ftft elican Marina h Camden Causeway y- )posed "new" bulkhead alignment DAsting concrete/ rock bulkhead y v e 8 earth ooSIc earth 16 Cnogl= N 100 ft Q Pelican Marina 'Goo 43 Camden Causeway . •. Proposed "new" bulkhead alignment ` at existing concrete/ rock bulkhead t , y I I� � V C r` �y \i le • earthIV o 2016 CoWle 100 r' ROY COOPER WILLIAM G. ROSS. JR. BRA\TON DAVIS Coastal Management ENVIRONMENTAL QUALITY January 20, 2017 Warren Eadus Troy Murphy Quible & Associates, PC P.O. Box 870 Kitty Hawk, NC 27949 Dear Messrs. Eadus and Murphy: The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Niels and Melissa Jensen, NMI Properties, LLC, for State approval for development of their property located at the Pelican Marina at 43 Camden Causeway, Elizabeth City. It was received complete on January 6, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 22, 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 January 6, 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 the proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. Nothing Compares RECEIVED State of North Caroline I Environmental Quality I Coastal Management 401 S. CrrHm St, suite 3001 Elizabeth city, NC 22909 J A N 2 5 2017 252-264-39011252-331-2951 [fax] DCM- F-:",HD CITY Warren Eadus Troy Murphy Quible & Associates, PC January 20, 2017 Page 2 of 2 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 Lynn Mathis, Field Specialist, if you have any questions and/or if you wish to receive a copy of her field report. Sincerely, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Lynn Mathis, Field Specialist, DCM, Elizabeth City, NC Niels and Melissa Jensen, NMJ Properties, LLC, Elizabeth City, NC - o f { y i 9 P . AMA -PERMIT APPLIED- FOR IV ,PROJECT: Expansion to exsting. pier & boat ramp,; replacement & new courtesy piers, platform repair & expansion, new fixed pier over existing concrete breakwater, floating piers/.docks & finger piers,.fioating fuel dock/platform & replacement bullhead. .,COMMENTS ACCEPT'ED THROUGH 02114117 APPLICANT: FOR MORE DETAILS CONTACT THE -LOCAL PERMIT OFFICER BELOW: Niels &Melissa Jensen Lynn Mathis, Division of Coastal NiVIJ Properties, LLC Management, 401 S. Griffin St., 403 E. Fearing St. - Ste• 300, Elizabeth City, NC 27969 Elizabeth City, NC 27909 252-264-3901, ext. 234 434-594-7545 0- C ROY COOPER Cuw w WILLIAM G. ROSS, JR. lnwfmsa xwY r BRAXTON DAVIS Dram. Coastal Management ENVIRONMENTAL OUALRY EMAIL MEMORANDUM TO: The Daily Advance Legal Advertisement Section edaleyals @ dailyadvance.com FROM: Yvonne Carver, Administrative Assistant DATE: January 20, 2017 SUBJECT: Public Notice — Niels and Melissa Jensen, NMJ Properties, LLC ACCOUNT: #2119219, NCDENR/Stadiem Please publish the attached Notice in the Wednesday, January 25, 2017 issue of The Daily Advance. Please note that this is for a one-dav publication onl . 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 Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). his matter. If you should have any questions, please Thank you for your assistance in t contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, Public Information Office, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED JAN252017 .] Nothing compares^ h. DCM- MHD CITY fN�C,-UIIE.1ic°°mn WQ.HtylCMMIM&mp—nt 401 S. c ifF, SL, Suite 300I EHZRbet City NC 27909 252-i;4:3901I252-331-2951[f-] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 01/06/17. Niels and Melissa Jensen, NMJ Properties, LLC, propose to renovate & expand access to the Pelican Marina, located at 43 Camden Causeway, Elizabeth, Pasquotank County. The proposal includes a pier expansion, boat ramp expansion, replacement & new courtesy piers, platform repair & expansion, new fixed pier over existing concrete breakwater, floating piers/docks & finger piers, a floating fuel dock/platform & a replacement bulkhead. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 02/14/17, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, January 25, 2017 /yam N SO 4 aC MAJOR PERMIT FEE MATRIX Applicant: PELICAN MARINA• NIELS JENSEN Selection Development Type Fee DCM % (14300 1601435100093 1625 6253) DWQ % (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Ma or ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below a lies: El III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3900 (See attached can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3900 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 60) 3900 (see attached) could be applied, but DCM staff C C ' f determined that additional RECEN review and written DWQ 2 5 2017 concurrence is needed JgIJ because of concerns [4000/,(($$l related to water quality or CITY a uatic life: If General Water Quality Certification No. Quality $400 60% ($240) 60) 3900 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: NC Division of Coastal Management Cashier's Official Receipt Received From: i `o �'% �o l ks' �i% h `1 u I / E- 9'-- /,Lf JC Permit No.: 01 4 c f `. lop c- in J V • 2916 &s C v Date: LLB 20�-' �/ 0 $ q �� a Check No.: 3 / 7 w� Applicant's Name:- .' ! County: Project Address: / 3 / 1 -S /7 w / / 5; �- lJ Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: X�+ �w—_-- Date: Z- Date: rp III IIIIIIIIIIIIIIIIIIIIIIIII III III Doe No: 201690 Recorded: 06/20/2016 02:48:41 PM Fee Amt: $26.00 Page 1 of 4 Camden County North Carolina Tammie Krauss, Register of Deeds BK 346 PG 702 - 705 (4) OCT 2 4 2015 Space Above This Line For Recording Data — Prepared by: Horntral, Riley, Ellis S Maland, L.L.P. Return to: Trimpi & Nash, LLP NC 27909 ASSIGNMENT 200 N• Water St, Sta 2A' Elizabeth City, OF DECLARANT RIGHTS (Pelican Marina, a Condominium) State of North Carolina, County of Camden THIS ASSIGNMENT OF DECLARANT RIGHTS (this "Assignment') is made effective as of June 16, 2016, by Halstead Venture Partners, L.L.C., a North Carolina limited liability company ("Declarant") and NMJ Properties, LLC, a North Carolina limited liability company ("Assam"). Premises A. Declarant caused to be recorded the Declaration of Condominium For Pelican Marina, a Condominium in Deed Book 239, Page 393, in the Camden County Public Registry (as amended, modified and supplemented, the "Declaration'). The capitalized terms in this Assignment should have the same meanings as set forth in the Declaration unless otherwise defined or the context otherwise prohibits. B. Declarant reserved to itself certain rights, privileges, easements, exemptions, options and other benefits in the Declaration ("Declarant Rights"). C. Declarant desires to execute this Assignment to assign to Assignee all Declarant Rights, if any, still held by Declarant. D. Assignee is not an affiliate of Declarant. JAN252017 Assignment NOW, THEREFORE, for good and valuable consideration to each party paid by the other, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby assigns WITHOUT WARRANTIES to Assignee all of the Declarant's interest, if any, in the Declarant Rights as described in Declaration. Assignee hereby agrees to indemnify and hold harmless and defend Declarant from any and all liabilities, claims, causes of action, and expenses (including reasonable attorneys' fees) arising with respect to the exercise of Declarant Rights and any and all actions taken as Declarant, arising after the date that this fully executed Assignment is recorded in the office of the Register of Deeds of Camden County, North Carolina. /I Assignee executes this Assignment pursuant to the provisions of N.C. Gen. Stat. §47C-3-104(a). [REST OF PAGE INTENTIONALLY BLANK — SIGNATURES ON FOLLOWING PAGES) -2- ti Q 0 Q U IN TESTIMONY WHEREOF, the parties hereto have caused this Assignment to be executed under seal and in such form as to be binding, effective the day and year first above written. Declarant: Halstead Venture Partners, L.L.C., a North Carolina limited liability company By. IdAv;- /C il/�1� Alp es R. Chesson, Jr., Manager State of North Carolina, County of Pasquotank I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Alphes R. Chesson, Jr., Manager of Halstead Venture Partners, L.L.C., a North Carolina limited liability company. Jwi6 ' w Date: 2016. _3 NOTARY - �q PUBLIC =; /'�// O ANKIro\\\ � Notary seal or stamp must appear within this box OA Notary Pbblic Type or Print Name: w'hML1�.MtTctMlCk My Commission Expires: I o� Z3T 1`r -3- '`' ECEWED JAN252017 DCM-1! AHD C17-y Assi�ee: NMJ Properties, LLC, a Norih Carolina limited liability company n I & Y, 'i Nielp'l Jensen, Managing Member State of North Carolina, County of Pasquotank I certify that the following person personally appeared before me this day,'acknowledging to me that he voluntarily signed the foregoing document: for the purpose -stated therein and in the capacity indicated: Niels P. Jensen, Managing Member of.NMJ Properties, LLC, a North Carolina limited liability company, '.�VtsC 'r✓�f .. Date:*[ay ( • 2016. z O �'iARy��y � i!f1.:9• t G • AUB� � 9y� ••......••ND ``: Notary seal or stamp must appear within this box. `t%t/GGGf lotary Public, , . ;ype or Print Name; .tDPr. y /�/• It fp» Qy Commission Expires: / k 31AW -7 .. F:VtrAL aaTATELLIENI4WWtaEVrnurc PerW-]9559NAuig�mrni.Dalmm.Ru(gdM•la6aBl6}api � � „I k Quible Quible & Associates, P.C. ENGINEEIING - ENVMNWNIAL SCIENCES - PUNNING . SLQVD1NG SINCE 1959 CERTIFIED MAIL October 19, 2016 City of Elizabeth City PO Box 404 Elizabeth City, NC 27907 Dear Sir/Madam: Received ]AN 5 DCM-EC r.0 IXOWBr a, V I9My Hawk NC 27949 Phone: 252-491-8 47 Fw: 252-491-8146 web: quMe.CM This letter is to notify you, as an adjacent riparian landowner that Quible & Associates, P.C., on behalf of the landowners, Niels and Melissa Jensen, have applied for a CAMA Major Permit for the Pelican Marina located at 431 US Highway 158 West Elizabeth City, NC 27921. Improvements to the property include replacement of the existing bulkhead, repair of the existing piers and decks, reconfiguration of the existing boat ramp, and the addition of retail fuel sales. All of the proposed work meets the pertinent CAMA setbacks and requirements and is shown on the attached plan. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mrs. Lynn Mathis, 1367 U.S. 17 South Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible & Associates, P.C. Troy Murphy j I have no objection to the project as shown and hereby waive that right of objection. j I have objection to the project and have enclosed comments. Signature Date RECEIVED JAN252017 DCM- f.',HD CITY Quible Quible & Assoclates, P.C. ENGwEEMNG • ENVIRONMENTAL SCIENCES - PLANNING • SURVEWNG SINCE 1959 CERTIFIED MAIL October 19, 2016 John Chin 20190 Market Street Onancock, VA 23417 Dear Sir: Received P.O. Dro W 870 Received Mh Ho 25NC 27949 Plane: 252NC 27M Fax: 252491-8146 web: quible.c m ir1'1j :) DCM-EC This letter is to notify you, as an adjacent riparian landowner that Quible & Associates, P.C., on behalf of the landowners, Niels and Melissa Jensen, have applied for a CAMA Major Permit for the Pelican Marina located at 431 US Highway 158 West Elizabeth City, NC 27921. Improvements to the property include replacement of the existing bulkhead, repair of the existing piers and decks, reconfiguration of the existing boat ramp, and the addition of retail fuel sales. All of the proposed work meets the pertinent CAMA setbacks and requirements and is shown on the attached plan. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mrs. Lynn Mathis, 1367 U.S. 17 South Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quibleociate Troy Murphy ] I have no objection to the project as shown and hereby waive that right of objection. j I have objection to the project and have enclosed comments. Signature Date, n 0 QU ibl e Qulble & ftissoclatea P.C. EN6a• MNG•FNmPCK EHTA13CEWEe "EµwNG•SUPJeIN� snr-r: i NoVernber 21, 2015 John Chin 201 go tAarket Street Onencoek, VA ZS417 RE; LAMA Major PBF MiW,,g-15 ft. nlpadan Corridor Wainer Pelican Marina �— PA. ii�'"rAle NIY,y Pw Nr.210i0 Picnc: =,01.1 41 Received .' O,boc, DCM-E 6 Mr. chin, As adjacent rVarlan property ownarto the above referenced protect, it is required MA'AMat GA ,Division of Coastal Management (NCDCM) that yoube not' oifette vised P� a�� 6�t he proposed p oject Major Wth the Permitting. M deplcted on the emomPeny g PaTina includes the reconf'rgu ao e 9f four boat pllingsaand a pier expansion.t a stem end oThe a exrell slips fall vudhln the addigon of two (21 finger pliers, liers, within this area rs not allowed unless yov all this waiver to allow this 15ftriparian oomdor, any activity VAiil i 5tt of your Property. box below you have no objection to theprojeot, please sign and date below and check the appropriate indicating no objectio n and allowing walvar of the 15 ft. setback. Sincerely, xroym-elly andAssQciat�es, P.G. 1 do wish to we NO th a 15 setback requirernent and have no objection to the project as proposed I do not wish to waive the 15' setback requirement „o .._• - pop RECEWED JAN252017 DCM- ,. gyp CITY IIIComplete items 1, 2, and 3. A. slgrlawre I�gge—! M ■ Print your name and address on the reverse X ❑ Addressee :. so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Recelveii . _ , ted ) C p� S e ry �`/Y,�"� or on the front if space permits. 1. Arliole Addressed to: �(T It. D. Is delivery address d erent from Item 17 ❑ Yes ff YES, enter delivery address below: ❑ No �x 4oy � A01. El�z�h �azgo7 ce Type Ej Nomy Mail resa Illlllllliill Ilillllll lllllllillllllllllllllll oA.dduR9ignanatroRestrictedDelivery ❑ "ZirteredM Restrdedl 9590 94021608 6053, 8202 83 Derailed Mail® Delivery ❑ cemned Mail Restricted Delivery ❑ M turn ride IPttor { 2. Nticb Number (7'rensrer(rom service later) ❑Colect on Delivery ❑ Signature Connrmaliort^^� ❑ Cdlecl on Delivery Restricted Delivery ❑ Insured Mail ❑ Signature Co bn - - '--" 7C13 1710 ❑00❑ 2e:. livery - - - M Insured Mail Restricted Delivery Restricted Delivery 40e0) Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ceipt W ^ U SENDER: COWPL-ErE THIS SECTI0,N; CO,WPLETE THIS SECTION ON DELIVER N ' a to ■ Complete items 1, 2, and 3. A. Si ature � ❑ Agent V ■ Print your name and address on the reverse , e Q3 a so that we can return the card to you. '. ■ Attach this card to the back of the mailpiece, B.Blecetve by (Pd ed C. Date of Delivery or on the front I space permits. R 1. Article Addressed to: D. Is cle address different fmm hem 1? ❑Yes If YES, enter delivery address below: ❑ No aG iService q� P��®ed IIIIIIIII IIIIIIIIIillllllllllllllllllllllll111 9590 9402 1608 6053 8203 51, DyCVJuhsignatu�re Restricted Delivery ❑ Registered Mail 0(Cerured Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receiptfor - ❑ Collect on Delivery Merchandise 2. Arttde Number 171aWafrom service labev) D Collect on Delivery Restricted Delivery 0 Signature Confirmation^". ! - - - ❑ Signature Confirmation 7007 2680 90102 5929 5789 bestdcted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 - Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front ff space permits. 1. Article Addressed to: �/ �l,) N (50)90 rJ lAQ,�e , O new coe k v`A a3y i� IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111 9590 94021608 6053 8202 90 7013 1710 0000 2879 3847 // ❑ Agent C. Date of D. Is delivery address different from item 17 u yes If YES, enter delivery address below: (3 No o Service Type ❑ Priority Mail Express® Adua Signature ❑ Registered Mail'- AdunSignature Restricted Delivery ❑ Registered Mail Restrdel Certified WIND Delivery Cerified Mail Restricted Delivery - ❑ Return Recelptfor Collect on Delivery Merchandise Collect on Delivery Restricted Delivery 0 Signature Confirmation --d Mall ❑ Signature Connrmstbn Mail Restricted Delivery Restricted Delivery A _� _ nnJ , ........ . -..... _..... ................. n...seHn Pal,— Q—iM 19 Received OMEC RE: Pelican Marina Elizabeth City, Camden County, NC As property owner, I authorize Quible & Associates, P.C. to act as agent for the purpose of CAMA Permitti plated with the Pelican Marina located at 431 US Highway 158 West Elizabeth City, NC. 'fi Date_ 10aO I& Name: Niels Jensen Property owner R`CE; VED JAN252017 DCM" f ,'HD CITY ti C NC Division of Coastal Management Major Permit Application computer Sheet Date: 01/202017 Applicant: NMJ Properties, LLC Project Site County: Camden (p,4 S I -or N Stall. Lynn Mathis District: Elizabeth City ❑Morehead City Washington ❑Wilmington Pmect Name: City of Elizabeth City Rover File: WA P£LI �� State Plane: X: 2821203ft A 9 r N R Y. 939808ft Date of mItai applications (EX 1/82007): 0110612017 10/24/2016 (preliminary review) Date application -received as complete" in the Field office (EX' 1/8/1007): 01�62017 Permit Authorization' CAMA Dredge & Fill Both INMQUATION PNA: Yes ®No Photos Taken: Yes No Setback Required (riparian): ❑Yes No Critical Habitat ❑Yes ❑No ®Not Sure 15 foot waiver obtained: El Yes ®No Dyard []NoNotificati®WAon tumed.- 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: LJYes 29NO ❑NA Environmental Assessment Done: []Yes []No ®NA • n V WATGo IN AccipirATtON - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSIM Swamp Waters (SW) High Quality Waters (HQW) Outstanding Resource Waters (QRW) Al TLA DSIMCACTED WE Al TLA DSIMCACTED (404) Corp. of Engineers(Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgress (Spariina ❑ a (SY) Salt reed grass (Spartin attemdlore) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (T1� Cattail (Typha sp.) spicats) SO El (JR) Black needlefush (Juncus (SP) Satt/meadow grass (Spartina roemerianus) patens) ..nw r^U cee nrru..n 11v1. red - $0.00 ..nw r^U cee nrru..n 11v1. red - $0.00 111(A) Private w/D&F up to 1 acre; 111(D) Priv. public Or Comm w/D&F to 1 3490 cant be applied - $400 3490 can be applied - $250 acre; cation to a CAMA Major Major Modification to a CAMA Major IV Any development invohring D&F of more than 1 acre - $475 permit - $250 fer - $100 E 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 pment extension request ryfibli $or c mmercil dredge and/or 1. Private no dredge and/or fill - $250 111(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs r_ t DWQagreement -$400 JAN 2 5 2017 DCM- [!HD CITY Applicant: NMJ Properties, LLCIPelican Marina Date: January 20, 2017 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in yourActivities code sheet. TYPE REPLACE I Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Bulkhead 1 New work Replace 456' 456' Maint ❑ ❑ Y ® N Platform 1 New work Replace 50' 3.12' Addition Maint ❑ ❑ Y ® N Fixed Pier I New Work Replace 59' 4' Maint ❑ M Y ❑ N Finger Piers 4 New Work 29 Replace 10, 4' Maint ❑ ❑ Y ® N Finger Piers 2 New work Replace 10' 4' Maim ❑ ® Y ❑ N Platform I New Work Replace 118' 8' Maint ❑ ❑ Y ® N Floating Dock I New Work Replace 40.5' 4' Maint [I ❑Y0N Floating Dock I New Work 19 Replace 64' 4' Maint ❑ ❑ Y ® N Courtesy Pier 2 New Work Replace 28' 4' Maint ❑ ❑ Y ® N Boardwalk I New Work Replace 268' 4' Maint ❑ ❑ Y ® N Boardwalk I New Work Replace 83' 4' Maint ❑ ® Y ❑ N Gravel Parking I New work Replace 90, 62' Lot Maint ® ®Y ❑ N Dock 1 New Work Z Replace 78' 3 Maint ❑ ❑ Y M N New Work Replace Maint ❑ ❑ Y [IN . New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N .�. New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ 1 ❑ Y ❑ N\A Describe below the HABITAT disturbances forthe application. All values should match the name, and units of measurement found In your Habitat code sheet C e1 TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total includes any disturbance. Excludes any Disturbance total includes disturbance. Excludes any Habitat Name Choose One anticipated restoration any anticipated restoration andror restoration or and/or temp restoration or temp impact temp impacts) impact amount tamp impacts) amount Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 162sf 162sf Open Water Dredge ❑ Fill ❑ Both ❑ Other 3,096sf 3,096sf High Ground Dredge ❑ Fill ® Both ❑ Other 17,500sf 17,500sf 456' 456' Shoreline Dredge ❑ Fill ❑ Both ❑ Other Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 1,779sf 1,779sf Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ • Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JAN252017 DCM- f.'HD CITY Coastal Management ENVIRONMENTAL QUALITY March 20, 2017 NMJ Properties LLC Niels and Melissa Jensen 403 E Fearing St. Elizabeth City, NC 27909 Dear Mr. and Mrs. Jensen: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities on your property at 43 Camden Causeway in Elizabeth City. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make June 5, 2017 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@nedenr.gov). Sincerely, OF Gregory W. odnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City Warren Eadus (Quible & Associates, PO Box 870 Kitty Hawk, NC 27949) State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 91 N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Tel. 252-808-2808 NMJ Properties, LLC Niels and Melissa Jensen 403 E. FeariniNixZE Elizabeth City NEOPOST I PSI I ss.rn.r„ 03/2�$000.462 ZIP 28557 WD 041L10254164 APR 0 3 2017 DCM- MHD CITY 276 DE 1 RETURN TO SENDER VACANT 9093//31/17 _.949e92z fiaep4R1¢e War Mr.• ZE55735ES99 sw24E-e3Z9+_22_ee 33w? AIR Cl I hi I III iliIIII I I l Iri •+ itrl i s3 11111111if 1 II! 1 1 � � If11 i11 r i .11� 11 it uiwm' xx.` NOI1wJIJI1tl3D. � uu-nui.�i�mu ao `...:a"b'••q i^ � �'1°"mm e. man LRPi Nw.110N . BNIA]AHIIS . 6]BN3p5 liINLIXOtlINN3 � � Y lx�wwtvW 4IGEsm ' BXINNVId . BNLLlIIOXW . 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