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HomeMy WebLinkAbout28-16 Federal Point Yacht ClubClass Permit Number 28-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 ued to Federal Point Yacht Club, c/o Jerry Byrd, 910 Basin Dr., Carolina Beach, NC 28428 ithorizing development in New Hanover County at Carolina Beach Boat Basin, 910 Basin , as requested in the permittee's application dated 11/11/15 (MP-1 & MP-2). >rkolan drawings (3). 1-3 of 3. all dated received DCM Wilmington 11/12/15. permit, issued on March 7, 2016 , is subject to compliance with the application (where consistent the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ibject to fines, imprisonment or civil action; or may cause the permit to be null and void. Transient Dock 1) This permit authorizes only the transient dock and other associated 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 facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2)' No sewage, whether treated or untreated, shall be discharged at any time from any boats using the transient dock. Any sewage discharge at the transient dock 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. (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. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. .11 work must cease when the permit expires on 31, 2019 ssuing this permit, the State of North Carolina agrees that project is consistent with the North Carolina Coastal gement Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. BraxtM C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Federal Point Yacht Club Permit No. 28-16 Page 2 of 5 ADDITIONAL CONDITIONS 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. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the transient dock in order to make it more visible during hours of darkness or inclement weather. This permit does not authorize any permanent boat slips at the transient (dingy) dock. The dock shall be used for temporary tie-up only. Any portion of the permitted access pier and transient docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 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. Excavation In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management in consultation with appropriate resource agencies. Excavation shall not exceed -6 feet below the normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 1'0) No Coastal Wetlands shall be excavated or filled. No excavation shall take place within 10' of any Coastal Wetlands. hi) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil Disposal All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. No spoil material shall be placed within 30 feet of the normal high water line. The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of completion of dredging activities. The spoil disposal area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. A Federal Point Yacht Club ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 28-16 Page 3 of 5 16) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 calendar days of project completion. Maintenance Clause 19) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. U.S. Army Corps of Engineers Conditions 20) The applicant shall contact the U.S. Army Corps of Engineers Real Estate Office to obtain written Right of Way access from the Corps to cross a federal easement in order to access the proposed disposal site. The Real Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue, Wilmington North Carolina 28403-1343, tel. 910-251-4474. 21) In order to further protect the endangered West Indian Manatee, Trichechus manaius, the applicant shall implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www.fws.gov/nc-es/mammal/manatee guidelines.odf. 22) Approval of the structure was based on a determination that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash. 23) Except as specified in the plans attached to this permit, no excavation, fill, or mechanized land clearing shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within the waters or wetlands outside.the permitted area. This prohibition applies to all borrow and fill activities connected with this project. Point Yacht Club ADDITIONAL CONDITIONS Permit No. 28-16 Page 4 of 5 Except as specified in the plans attached to this permit, no excavation, fill, or mechanized land clearing 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. 5) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. ) To address concerns from the United States Coast Guard: The following information shall be provided a minimum of 10 days prior to dredge operations commencing: Any dredging or other operational activity that impacts the safe navigation of Federal Waterways a. Dates (inclusive) of operation. b. Hours of operation (24 hours/daylight hours only). c. Names of involved vessel(s). d. Working and standby frequencies. e. Specific location (mile marker/channel). f. Any specific instructions or concerns that would be pertinent to the mariner. Submit the information to: USCG Sector NC Waterways Division 721 Medical Center Drive Wilmington, NC 28401 or e-mail at NCmarineevents(aguscg.mil i If the project extends further to the northeast than anticipated (into the channel), Federal Aids to Navigation (ATON) may need to be relocated or temporarily removed in the channel for the operation. At least 30 days notification is required by the Coast Guard to accomplish ATON movements. This request can be sent to the Coast Guard District Five Office at: USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR EMAIL: CGD5Waterways@uscg.mil 28) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. I Federal Point Yacht Club Permit No. 28-16 Page 5 of 5 General 29) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 30) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 31) The existing marine pumpout sewage disposal facility shall be maintained for the life of the marina. 32) The marina 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). NOTE: Permittee is advised that if a well is used to supply water to the docks and/or clubhouse, it may be considered a transient Public Water System. Contact the Division of Water Resources, Public Water Supply Section, at (910) 796-7368 for additional information. 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 assigned the proposed project Action ID No. SAW-1987- 00470. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 15-1308. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. YCM MP-1 itL- APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner 6►formation Business Name Federal Point Yacht Club Project Name (if applicable) Federal Point Yacht Club Applicant 1: First Name Jerry MI Last Name Byrd Applicant 2: First Name MI Last Name If additional appheards, please attach an additional pages) with names listed. Mailing Address 910 Basin Rd PO Box City Carolina Beach state NC ZIP 28428 Country USA Phone No. 910-458-4201 ext. FAX No. Street Address (if different from above) City State ZIP Email Deborah@fpyclub.com 2. Agent/Contractor Information Business Name Carolina Marine Construction, Inc. RECEIVED Agent/ Contractor 1: First Name Michael MI B Last Name Conard DEC 0 9 HIS Agent/ Contractor 2: First Name MI Last Name Mailing Address 4925 Red Heart Dr PO Box City Wilmington State NC ZIP 28412 Phone No. 1 910-470-6610 ext. Phone No. 2 910-793-4143 ext. FAX No. Contractor# Street Address (If different from above) City State ZIP Email carolinamadneconstruchon@charter.net -3CvE_1 V t=U <Form continues on back> DCIM WILMINGTON, NO NOV 12 2015 252-908.2808 :: 4.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit i; ` 3. Project LocaSon County (can be multiple) Street Address State Rd. # New Hanover 910 Basin Rd Subdivision Name Clly State Zip Carolina Beach NC 28428 - Phone No. Lot No.(s) (ff many, attach additional page with list) 910 - 458 - 4201 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Carolina Beach Boat Basin c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade []Unknown Myrtle Grove Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Carolina Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1200 .909 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) RECEIVE (If many lot sizes, please attach additional page with a list) -8' ®NHW or ❑NWL e. vegetation on tract DEC 0 9 2015 Palms, shrubs, grass, coastal wetland DCM- MHD CI f. Man-made features and uses now on tract Clubhouse, docks, pool, residential homes. Clubhouse and pool are for use by members only. Docks used to moor recreational vessels. g. Identify and describe the existing land uses da iacent to the proposed project site. A condo complex with docks is to the south. Carolina Beach Boatyard & Marina, which hauls and services boats is to the north. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? commercial (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does f involve a []Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DCIM WILMINGTON, NC NOV 12 2015 Y 252-808.2808 :: 11488-411COAST :a www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Town of Carolina Beach Municipal Services o. Describe existing drinking water supply source. Town of Carolina Beach Municipal Services/ CFPUA p. Describe existing stone water management or treatment systems. Bulkhead with jet fitters, along with common grass area in front of parking lot. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublicJGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The yacht dub is used for recreational activities. 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. A long reach excavator mounted on a barge with bin walls will be used to perform the work. Standard construction practices are proposed. Equipment will only be on site long enough to complete installation of dock and proposed maintenance dredging. d. List all development activities you propose. Addition of a 8' x 40' dingy dock for temporary storage of transient nad members tender boats. We are also proposing a maintenance dredge of the shallow slips and aisle ways. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 38,500 dredge 368 pier & dock ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public ao essway or other area ❑Yes ®No ❑NA that the public has established use oft RErEIV h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff DEC 0 9 2015 1. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. .Y DCM WILMINGTON, NC <Form continues on back> NOV 12 2015 252-808-2008 :: 5-888.41FLGk AST :: www.rrccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional /nformafion In addition to this completed application form, (MP-1) the totlowing items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, cleady indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and ptats 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 Carolina Beach Boatyard & Marina Phone No. 910-707-1007 Address 923 Basin Rd. Name At It's Best Management I Carolina Bay H.O.A. Phone No. 910458-0818 Address P.O. Box 1124 Carolina Bean, NC 28428 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit# 8-88 h. Signed consultant or agent authorization form, 'd applicable. I. Weiland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only me development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 11/11/15 Print Name Michael Conard Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DEC 0 9 2015 DCM- MHD CITY I�ECElVED DCM WILMINGTON, NC NOV 1 2 2015 252.808-2808 :: 1-888-411C®AST :: www. nccoasta lmanagement. net Form 0CM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 1100, Width 35' Avg. Existing Depth NA NA Final Project Depth 6' NA NA a. Amount of material to be excavated from below NHW or NWL in cubic yards. 2,852 cy c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: To keep boat slips and access ways open and usable due to shoaling. ❑ This section not applicable b. Type of material to be excavated, sandy loam d. High -ground excavation in cubic yards. 0 RECEIVED DEC 0 9 2015 DCM- MHD CITY 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Graham Island / North end Carolina Beach c. (i) Do you claim title to disposal area? []Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner area. 200' x 500' d. () Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, where? Graham Island e. (i) Does the disposal area include any coastal wetlands marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: (I) Does the disposal include any area in the water? []Yes ®No ❑NA (ii) If yes, how much water area is affected? nE%C-'EiVED DCM WILMINGTON, NC NOV 12 2015 252-808-2808 :: 1-888-4RCOAST :: www.ncconstalmanagement.net revised: 12126/06 FO.rm DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABIUZATION NThis section not applicable (If development is a wood groin, use MP-4 — Structures) a. I ype of shoreline stabilization: []Bulkhead ❑Riprap ❑Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level_ Bulkhead back"i I Riprap Breakwater/Sill Other i. Source of fill material. b. Length' Width: d. Maximum distance waterward of NHW or NWL: I. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (11) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. R F c E V GD DEC 0 9 2015 DCM_ MHD CITY 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 (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Spoil will temporarily dewater on barge with bin wall before being placed on high ground. c. (i) Will navigational aids be required as a result of the project? []Yes SNo ❑NA (ii) If yes, explain what type and how they will be implemented. 11/11/15 Date Federal Point Yacht Club Project Name 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: b. What type of construction equipment will be used (e.g., dragline, backhce, or hydraulic dredge)? Long reach excavator mounted on barge with bin walls d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes SNo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Michael Conard Applicant Na e AppfitantSg Store - M WILMINGTON, NC Nov 12, 2015 252-808-2808:: 1.888-4RCOAST n www.nccoastalmanaaement.net revised: 12/26106 Ye Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? []Yes NNo c. (i) Dock(s) and/or piers) d. (i) Are Finger Piers included? ❑Yes NNo (ii) Number 1 If yes: (iii) Length 40' (ii) Number (iv) Width 8' (iii) Length (v) Floating NYes ❑No (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? NYes ❑No f. (i) Are Boatlifts included? ❑Yes NNo If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 5' (iii) Length (iv) Width 6' (iv) Width _ (v) Floating ❑Yes NNo Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 0 Dingy dock is being proposed ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 105 + D dock T-head ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: N/A i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel Dingus RECEIVED []Open water; no dredging required []Other; please describe: N/A DEC 0 9 2015 DCM- MHD CITY k. Typical boat length: 8' I. (i) Will the facility be open to the general public? ❑Yes NNo m. (i) Will the facility have tie pilings? []Yes NNo tR E�E1V ED (ii) If yes number of tie pilings? DCM WILMINGTON, NO NOV 12 2015 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanapement.net revised: 12/27/06 n2 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUMMARINA OPERATIONS ®This section not applicable a. b. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpouk Give type and location: Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of'No Sewage Discharge"signs proposed. III) Give the location and number of'Pumpout Available' signs proposed. f. g. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. Where will residue from vessel maintenance be disposed of? h. I. Give the number of channel markers and 'No Wake signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? REeIVFD c k. Describe design measures that promote boat basin flushing? DEC 0 9 2015 I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM- M H D CITY m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No RECEIVED DCM W ILMINGTON, NG Nov 12 2015 252.808-2808 :: 1.888.4RCOAST :: www.nccoastatmanagement.net revised: 12/27/06 ;r& Fqrm DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No 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 OWL ®None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (if) Number (ii) Length _ (iv) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g:, wood, sheetpile, etc. If a ro(* groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number 2 (if) Length 61' / 78' (iii) Width 1' 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Publir/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DEC 0 9 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 12 2015 252-808-2808 :: 1-888-4RCOAST :: vvww.nccoastalmanaaement.net revised: 12127106 i� Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 350'+ 60' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 500'+ e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -4'-6' MLW & OTHER ❑This section not applicable a. Give complete description: We are proposing to construct (1) 8' x 40' dingy dock for members and transient use. The larger vessels usually have tender boats in order to access shallow waters. This has created a problem for members and guests docking their boats with either a dingy attached or having one tied to the side of the boat in an adjoining slip. A dingy docknwould allow these tender boats to be stored on the dingy dock and would no longer create a problem. 11/10/15 Date Federal Point Yacht Club Project Name Michael Conard Applicant Nam Applicant Signature RECEIVED DEC 0 9 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC Nov 12 2015 262-808.2808:: 1-888-4RCOAST::w .nccoastalmananement.net revised: 12/27/06 3o40M tip -- ---- 3S — — M �kW �" t�roposrr� 17�r��� l�Doe\4 OrC4 Si c LY.6 3 S' SCE1 MlW RECEIVED DEC 0 9 2015 DCM- MHD CITY sftk t `-to' Qjt. Vocyj -cy Moue Yq c.L„ (;i J �E EiVE1) DCM WI_MINGTON, NG NOV 12 2015 S4ut 7c�3 / "ko, r Y lk4, i Goode earth 900 ft r o C`> 9 r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 March 14, 2016 Regulatory Division Action ID No. SAW-1987-00470 and State Permit No.28-16 Mr. Jerry Byrd Federal Point Yacht Club 910 Basin Drive Carolina Beach, North Carolina 28428 Dear Mr. Byrd: Reference your application for a Department of the Army permit to conduct maintenance dredging and construct an 8-foot by 40-foot dingy dock within waters of Myrtle Grove Sound/Carolina Beach Yacht Basin, at 910 Basin Road, Carolina Beach, in New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Si cerely, RECEIVED MAR 21 2016 DCM- MHD CITY Liz Hair Regulatory Project Manager Coastal Management ENVIRONMENTAL QUALITY March 7, 2016 Mr. Mike Conard Carolina Marine Construction, Inc. 4925 Red Heart Dr. Wilmington, NC 28412 Dear Mr. Conard: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director This letter is in response to your application request under the Coastal Area Management Act (CAMA), acting as agent for Federal Point Yacht Club, to perform maintenance dredging and construct a transient dock at 910 Basin Street in Carolina Beach, New Hanover County. On January 29, 2016, processing of your application was placed on hold per your request. On March 4, 2016, we received your request to resume processing. Therefore, processing of your permit application has officially resumed as of that date. The revised projected deadline for making a decision is May 15, 2016. Please feel free to contact me by phone at (910) 796-7302 or by e-mail at (heather.coats@ncdenr.gov) if you would like to discuss this matter further. cc: Doug Huggett, DCM Sincerely, Heather Coats Assistant Majors Permits Coordinator Nothing Compares% ._ Stare of North Carolina I EnvironmeaW Quality I Coastal Management 127 Cerdiml Drive Ext., Wilmington, NC 2W5 910-796-7215 DCM Coordinator: +4 CZ Permit MAILING DISTRIBUTION SHEET Permitee: ft-V� fro �r'`t' Vftm-rGLVe? Agents: CKOIAQP9 eV�A LW—G Cx-31, )Q LC:RGt,3 —MLV-V cajfwo DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City shj,�gx Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: � Liz Hare Cultural Resources: Ikon"- edhill=Ear Public Water Supply: ide oxW — Joey White (WARD) DCM/ Shane Staples Fisheries Specialist G n NC DOT: DMF/ Shellfish Sanitation: en-Jer:i.' s State Property: aR n Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 C urn - 40 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Stormwa Wildlife Resources: LPO: (.& UL, OA- i Fax Distribution: Permitee #: Agent #: Coastal Management ENVIRONMENTAL QUALITY March 8, 2016 Federal Point Yacht Club c/o Jerry Byrd 910 Basin Dr. Carolina Beach, N.C. 28428 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON 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, �4 i1touglas V. Huggelft" Major Permits Manager N.C. Division of Coastal Management Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T �t...,, f. E\ � 4 ` C � �.. \..r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANTS NAME: Federal Point Yacht Club c/o Jerry Byrd 2. LOCATION OF PROJECT SITE: 910 Basin Street, located on Pleasure Island, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover Co. Photo Index - 2006: 21-7378, 21-22, S 2000: 21-258, 20-22, T 1995: 21-239, R-S, 7-10 State Plane Coordinates - X: 2335539 Y:107772 Latitude:34'02'27.75"N Longitude:77°53'33.50"W 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-11/24/15 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received-11/12/2015 (Completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Carolina Beach Land Classification From LUP- Developed (highground), Conservation (open water) (B) AEC(s) Involved: EW/ES/PT Water Dependent: Yes (D) Intended Use: Private/Residential (E) Wastewater Treatment: Existing - Municipal sewer (F) Type of Structures: Existing -105-slip marina basin, vinyl and timber bulkheads, community building and pool area, associated parking and residential buildings Planned - Maintenance excavation and additional floating dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A 8. HABITAT DESCRIPTION: (A) Vegetated Wetlands (coastal wetlands) (B) Non -Vegetated Wetlands (Open water) -38,500 sq. ft. 320 sq. ft. Incorporated) (C) Other- High ground disturbance --100,000 sq. ft. (D) Total Area Disturbed: -138,820 sq. ft. (-3.18 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No PROJECT SUMMARY: The applicant proposes to perform maintenance excavation and install an additional floating dock to an existing marina basin within Myrtle Grove Sound. RECEIVED DEC 0 9 2015 DCM- MHD CITY Federal Point Yacht Club c/o Jerry Byrd ftge 2 j4L 0 The project is located at 910 Basin Street, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in the Town of Carolina Beach, New Hanover Co. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington to Carolina Beach south on College Road (NC Hwy 132) to Carolina Beach Road (NC Hwy 421) for approximately 12 miles south. Continue over Snows Cut Bridge on N. Lake Park Blvd. for approximately 1.2 miles south until you reach the comer of Saint Joseph's Street and N. Lake Park Blvd. Turn left onto Saint Joseph's Street and continue until you reach Yacht Road, which will be located on the right. Yacht Road will terminate into Basin Street and the project site. The applicant currently maintains the approximately 0.91 acre tract with elevations ranging from 3' to 6' above normal high water (NHW). The application states the owner currently maintains an existing 105- slip marina basin with an associated parking area and amenity building on the property. The project site is bordered by Carolina Bay Condominiums to the south and a commercial marine haul -out facility to the north. The shoreline of the marina basin is stabilized by both vinyl and timber bulkheads. The marina consists of six (6) main floating dock spines (Docks A - F) and associated floating finger piers, which extend into Myrtle Grove Sound/Carolina Beach Yacht Basin. There are areas of coastal wetlands located along the most northern and southern ends of the marina facility consisting primarily of Smooth Cordgrass (Spatina aftemiflora). Vegetation of the project site is currently maintained lawn grass and ornamental landscaping. Based on file review, the existing boat basin, marina and residential subdivision were originally authorized through State Permit No. 8-88 to Basin Street Associates c/o Michael G. Nadeau. State Permit No. 8-88 included that a pump -out facility be installed and maintained for the life of the facility, which the application states is located at Dock D within the marina. State Permit 8-88 was last renewed to maintain the maintenance 5 clause for the excavation component on March 3,1999 and expired on December 31, 2003. It appears that due to an oversight the owner did not request another renewal to State Permit No. 8-88. Since the expiration of State Permit No. 8-88, the applicant has performed minor maintenance excavation within the marina basin through CAMA General Permits (See Sheet 1 of 2 and Project Narrative). The Town of Carolina Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the Carolina Beach Yacht Basin are classified SB# s t Resources. They are NOT designated as a PrimFisherie ary Nursery Area by the N.C. Division of Marine to the harvest of shellfish. There may be submerged land claims in the project area. DEC 0 9 2015 PROPOSED PROJECT � 9I- MHO CITY The applicant proposes to perform maintenance excavation and install an additional floating dock a rsting manna basin within Myrtle Grove Sound. Dimensions of the marina basin dredging limits would be approximately 1100' in length by 35' in width to a final project depth from 4 to -6' @ normal low water (NLW), within the limits under State Permit No. 8-88. The application states the excavation of the existing basin would be accomplished by a barge mounted mechanical excavator and would result in the removal of approximately 2,852 cubic yards (cy) of shallow sandy bottom material and transported onto a privately owned island located on the north end of Carolina Beach (USACE DA-0273). The applicant also proposes a Fin length by 6' in width fixed platform, which would lead onto a new floating docking, measuring approximately 40' in length by Fin width. The application states this floating dock would be located adjacent to the dock masters building located within the central portion of the marina and designated as a dingy dock/transient slips, which would accommodate up to two (2) vessels (See Sheets 1 and 2 of 2 and Project Narrative). 10. ANTICIPATED IMPACTS The proposed additional floating dock would incorporate an approximately 320 sq. ft. of Estuarine Waters and Public Trust Area. The installation of the floating dock within the marina basin would not encroach into the Town of Carolina Beach historical pier headline nor the setback from the USACE AIWW. The proposed floating dock would not encroach into the adjacent 15' riparian corridor setback requirements. The proposed maintenance excavation would impact approximately 38,500 sq. ft. of shallow bottom area previously excavated through State Permit No. 8-88. This would result in the removal of approximately 2,852 cubic yards (cy) of shallow sandy bottom material, which would impact approximately 100,000 sq. ft. of highground onto a privately owned island located on the north end of Carolina Beach (USACE DA-0273). Minor increases in turbidity should be expected during construction. Submitted by: Robb Mairs Date:12/7/2015 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Federal Point Yacht Club do Jerry Byrd COUNTY: New Hanover PROJECT NAME: Floating Dock addition and Maintenance Excavation LOCATION OF PROJECT: 910 Basin St, adjacent to the CB Yacht Basin /Myrtle Grove Sound, in Carolina Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: LU7-4+ I l( 1 A I Sr FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs ,. 1 DISTRICT MANAGER REVIEW: '1�"` r �VV B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 12-10-15 ADJ. RIP. PROP NOTICES REC'D: ,11rL s f,U�2��t5 APPLICATION ASSIGNED TO: S C) 75 DAY DEADLINE: ldl Ile MAIL OUT DATE:12-7-15 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 1.01gD 1 _4tq'q ZZ END OF NOTICE DATE: 12-31-15 DEED REC'D: it {2 S ON: 150 DAY DEADLINE: STATE DUE DATE: 12-31-15 FED COMMENTS REC'D: DRAFT N i PNA AGENCY C (--05oo DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency (15�1 V ✓ Division of Community Assistance Land Quality Section (DEMLR) r2�ly�� ✓ Division of Water Resources (401) r ,�+ 1e ✓ tS-13o8 Storm Water Management (DEMLR) 1 Z/j0/(< State Property Office IS ✓ Division of Archives & History 4 il, ✓ Division of Environmental Health )�IV/i ✓ Division of Highways Wildlife Resources Commission 12 3t ISRErpiumn Local Permit Office 1 t t IS ✓ Division of Marine Fisheries / DCM 4 Tlo f f . q r Corps of Engineers 2 l V t`� YFvi 1 G t�Ci M- M HHL M cozy i ?W S I2_/(Spl ✓ IFwrw is �nscdtoswpPy wn isd.ny' s/w �lubhov>t,Maa�� hcr` i t—laci- Pink fig, Recommendations for State Permit — Federal Point Yacht Club c/o Jerry Byrd 121712015 It is the staffs recommendation that the proposed docking facility is CONSISTENT with the Rules of 15 NCAC 71-1.0207 (d) Use Standards for Public Trust Areas and with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule; the USACE AIWWITown of Carolina Beach pier head line setback requirement and would provide docking space for transient vessels. The proposed structures would not encroach into the adjacent riparian corridor setback requirements. It is the staffs recommendation that the proposed excavation of the area around the existing boat basins within Myrtle Grove Sound/Carolina Beach Yacht Basin appears to be consistent with15 NCAC 071-1.0208 (b)(1) and (2). It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes. This office has no objection to the proposed work, provided it is consistent with all other state, local and federal permitting requirements. It is recommended that standard maintenance excavation and docking structures to marinas shall apply. RECEIVED DEC 0 9 2015 DCM- MHD CITY t-h- MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applica on, Federal Point Yacht Club, New Hanover County Date: January 15, 2016 This project appears to be consistent with the Town of Carolina Beach and Use Plan. The applicant proposes to perform maintenance excavation and install an additional floating dock to an existing marina basin within Myrtle Grove Sound. The project is located at 910 Basin Street in Carolina Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES, and PT. The Waters at the project site are classified as SB# and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Carolina Beach Land Use Plan and offer the following comments. The AECs impacted by the work are classified as Conservation. In general, the Town of Carolina Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Carolina Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Carolina Beach Land Use Plan Cc: File Coastal Management ENVIRONMENTAL QUALITY December 7, 2015 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance PAT MCCRORY Govern" DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Arector FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coats(a),ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED `� �' f DATE Nothing Compares'_k� /2•/a'!-!�- State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ex1., Wilmington, NC 28405 910-796-7215 REGEIV ED OCM V&M1NGTONi NQ4 DEC 16 Jos Coats, Heather From: Michael Conard <carolinamarineconstruction@charter.net> Sent: Wednesday, February 03, 2016 8:20 AM To: Coats, Heather Subject: Re: 2 projects in NHC— F PveA L Fbnar Yes ma'am. Sent from my iPad > On Feb 3, 2016, at 8:08 AM, Coats, Heather <heather.coats@ncdenr.gov> wrote: > Hi Mike, > lust to be clear, your email was confirming the intent to place the application temporarily on hold pending ACE permit processing? > Thanks and let me know if you have any questions! > Heather > Heather Coats > Assistant Major Permits Coordinator > Division of Coastal Management > North Carolina Department of Environmental Quality > 910 796 7302 office > heather.coats@ncdenr.gov > 127 Cardinal Drive Extension > Wilmington, NC 28405 > Email correspondence to and from this address is subject to the North > Carolina Public Records Law and may be disclosed to third parties. > -----Original Message---- * From: Michael Conard [mailto:carolinamarineconstruction@charter.net] > Sent: Friday, January 29, 201612:28 PM > To: Coats, Heather <heather.coats@ncdenr.gov> > Subject: Re: 2 projects in NHC > Thank you Heather. As we discussed..we have no problem waiting a > couple weeks for the Corps comments if it makes things easier for you > guys. Call me anytime if you need anything else. Have a good weekend. > Thanks Mike 1 > Sent from my iPad >> On Jan 29, 2016, at 10:39 AM, Coats, Heather <heather.coats@ncdenr.gov> wrote: >> Hi Mike, >> As discussed, the ACE needs to put out notice on this project... See Liz's email below. >> Please let me know if you or the applicant have any questions and have a great weekend! >> Heather >> Heather Coats >> Assistant Major Permits Coordinator >> Division of Coastal Management >> North Carolina Department of Environmental Quality >>910 796 7302 office >> heather.coats@ncdenr.gov >> 127 Cardinal Drive Extension >> Wilmington, NC 28405 >> Email correspondence to and from this address is subject to the North >> Carolina Public Records Law and may be disclosed to third parties. >> -----Original Message---- » From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil] >> Sent: Friday, January 29, 2016 10:27 AM >> To: Coats, Heather <heather.coats@ncdenr.gov> >> Subject: RE: 2 projects in NHC >> Heather, >> Actually, I have to put that one on notice. I'm thinking of a >> shortened >> (15-day) notice since they aren't proposing any new work, but have >> technically been operating without authorization for the past 15 >> years. I talked with Office of Counsel about it last week, and there >> is really no way around it. >> Sorry, I hope this doesn't cause any problems for you. The applicant >> should be made aware that even if they get the CAMA permit and the >> 401, they are not authorized to go to work until we issue the Corps >> authorization (I'll be sending them a letter next week)". tt- PAT MCCRORY N.Governor DONALD R. VAN DER VAART Seoetary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Dreclor December 7, 2015 MEMORANDUM.' CFI v� TO: Dan Sams District Manager DEMLR - WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coats(o)ncdenr. gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4- 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 �C (� 20 r G RECEIVED DCM WILMNGTON, NC Nothing Compares!!, DEC 14 2015 State of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 910-796-7215 PAT MCCRORY Governor DONALD R. VAN DER VAART Coastal Management Sec -my ENVIRONMENTAL QUALITY BRAXTON DAVIS Director December 7, 2015 MEMORANDUM RECEIVED/NCDENR/DWR TO: Chad Coburn DEC 401 Wetlands 0 7.2015 DWR - WIRO Water Quality Regional on FROM: Heather Coats, Assistant Major Permits Coordin�}`iipinpton Re Aeration g onal Office NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coats(Oncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: LtDt 6i-la 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 /-� RECEIVED Nothing Compares DCMI qWI, ILMINGnTOCN, NC State of North Carolina I Environmental Quality I Coastal Management JA N 14 2016 127 Cardinal Dive EzL, Wilmington, NC 29405 910-7964215 Water Resources ENVIRONMENTAL QUALITY Federal Point Yacht Club Mr. Jerry Byrd 910 Basin Road Carolina Beach NC 28428 PAT MCCRORY (Jnonrrar DONALD R. VAN DER VAART SY.ax'lary S. JAY ZIMMERMAN January 13, 2015 Drroo r New Hanover County DWR Project: 15-1308 Subject Property: Federal Point Yacht Club — Carolina Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Byrd, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.883 acres (38,500 square feet) of open waters to perform maintenance dredging and to expand an existing docking facility as described within your application received by the Division on December 14, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). You should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be - found on line at: htti)://t)ortal.nedenr.ory/web/wci/swp/ws/401/certsatidpennits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total.fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying RECEIVED DCM WILMINGTON, NC State ofNortll Carolina I Environmennal Quality I Water Ruources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 JAN `nn R •2016 Federal Point Yacht Club New Hanover County 2015-1308 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {I 5A NCAC 021-1.0501 and .0502). Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4 This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)] 6 Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] RECEIVED DCM WILMINGTON, NC JAN IL 4 2016 Federal Point Yacht Club New Hanover County 2015-1108 All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call wool ssa-oass. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8 Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9 This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: htto'//aortal ncdenr ore/web/wa/swn/ws/401 /certsand�ermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.coin/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). DCM WECEIVED ILMINGTON, NC JAN 14 2016 Federal Point Yacht Club New Hanover County 2015-1308 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jelmifer.Burdettena ncdcringov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad. Coburn(a)ncdenr.gov. Sincerely, T egson, Regional Supervisor Wat Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Michael Conard — Carolina Marine Construction, Inc., 4925 Red Heart Drive, Wilmington, NC 28412 Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats — DCM Wilmington WiRO RECEIVED DCM WILMINGTON, NC JAN 14 2015 Water Resources ENVIRONMENTAL QUALITY DWR Project No: Applicant: Project Name: PAT MCCRORY 1r.orrrwr DONALD R. VAN DER VAART sI :r; Jrr S. JAY ZIMMERMAN Di "'I... 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: RECEIVED DCM WILMINGTON, NC State of North Carolina I Envirommental Quality l Water Resources JAN 14 2016 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 Ni c Coastal Management ENVIRONMENTAL QUALITY December 7, 2015 PAT MCCRORY Goren or DONALD R. VAN DER VAART smo,wry BRAXTON DAVIS I irwor E C E I V E MEMORANDUM: T Georgette Scott DEC 0 7 2015 i Stormwater Section BY: DEMLR - WiRO // FRfDM: I Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats�ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: �ls 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. SIGNEDA.4 DATE RECEIVED DCM WILMINGTON, NC Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management DEC 10 2015 127 Cardinal Drive Ezt., Wilmington, NC 28405 910-796-7215 W�k ��(1 p ��IDONA PAT MCCRORY (10 1 . D R. VAN DER VAART S,,wn ' BRAXTON DAVIS t"'W December 7, 2015 MEMORANDUM 4" l TO Renee Gledhill -Early Dept. of Cultural Resources Archives & History ,1 FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext Wilm , NC 28405 heather coats&cdenr oov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CS Yacht Basin J Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If You have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 11 Al DATE DCM WILMINGTON, NC ''Nothing Compares..` titan of N, I h CN01M FnVMM OW 11NAlty COW l.4NxttGnutn 127 Cud W Mm F,xt , WilmiftilM NC 28405 910.79&72" DEC 1 1 2015 I Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: December 7, 2015 Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dwclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats()-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin /Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. G105�'r lThis agency has no comment on the proposed project. 14,,<,o( 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. �'or Pa EG' � t,Jll'✓ _ SIGNED DATE RECEIVED DEC 16 2oi5 Nothing Compares .� DCM,. f - ,.fir v �. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive F.xt., Wilmington, NC 28405 910-796-7215 PATMCCRORY Governor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Dovclor December 7, 2015 RECEIVED MEMORANDUM: DEC 0 9 2015 TO: Tim Walton DOA Dept of Administration STATE PROPERTY State Property Office p y OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather. coatsaC)..ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. fjo q_ 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 �� DATE Nothing Compares�- RECEIVED DCM WILMING ON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat, Wilmington, NC 28405 910-796-7215 DEC 2 8 2015 ;Z- PAT MCCRORY Governor C_-& 4f DONALD R. VAN DER VAART Secretory Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director December 7, 2015 MEMORANDUM: _, n 2015 TO: Ben Hughes RECEIVED NC DOT New Hanover County FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa()ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE IZ"�R�/� Nothing Compares.` RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 910-796-7215 DEC 112015 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM. TO: December 7, 2015 Jeremy Hardison LPO Carolina Beach PAT MCCRORY Gommor DONALD R. VAN DER VAART S"It"Y BRAXTON DAVIS Dhecrur FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsa)ncdenr.gov Fax:395-3964 (6.ii en04=16-.33) SUBJECT: . CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St.; adjacent to the CB Yacht Basin / Myrtle Grove Sound, In Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return ftils:form'to HeaflierCoats at the address above by December31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. Y 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 �i'•Nothtng Compares DEC S 12015 State of North Carolina I Environmental Quality I Coastal h1anagomem 127 Cardinal DMus Eat., Wilmington, NC 28405 DC M 910-796-7215 M 1 3 R. :III �00 1. _-j S. - ll- I From: Jeremy Hardison[mailto:ieremv.hardison@carolinabeach.org] Sent: Wednesday, December 30, 2015 3:30 PM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: Federal Point Yacht Club Hello Heather, Hope you have a good new year. Attached is the Application Review form for Federal Point Yacht Club. Below are the Town's comments/concerns. Let me know if you have any questions. 1. Apply for a building permit for the pier. 2. Pier should not be utilized for boat storage space. Thanks, Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremy. Hardison(a)carolinabeach. orq www.carolinabeach.org Coats, Heather From: Jeremy Hardison<jeremy. hard ison@carolinabeach. org> Sent: Thursday, December 31, 2015 8:47 AM To: Coats, Heather Subject: RE: Federal Point Yacht Club Correct, let me know if that is an issue. Thanks, Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremv.Hardison(&carolinabeach.or www.carolinabeach.org From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Thursday, December 31, 2015 8:45 AM To: Jeremy Hardison Subject: RE: Federal Point Yacht Club Hi Jeremy, Thanks for your comments and I hope you are well! I just have one question about not using the pier for boat storage space. Are you referring to their proposed dingy dock? Thanks and happy holidays! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coatsC ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares...,.,... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coats, Heather From: Jeremy Hardison<jeremy.hardison@carolinabeach.org> Sent: Friday, January 15, 2016 2:10 PM To: Coats, Heather Subject: CB comments Heather, Fed. Pt Yacht Club —1 am okay with the proposed pier being utilized for transient water craft. Pelican Point —The decking and walkway located uplands in the access easement should be removed or have the adjacent owners (Inland harbor) sign off on the project. I am okay with the development over the water. Brian said that we will issue the storm water permit ,but he will conduct a joint review with the state. Let me know if you need anything else or further clarification. Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremv. Hardison(cD.carolinabeach.or www.carolinabeach.org Coastal Management ENVIRONMENTAL QUALITY December 7, 2015 MEMORANDUM: TO: Maria Dunn NCWRC For WiRO 07- PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelary BRAXTON DAVIS Utr,dur FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(W-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA It Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. VThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED I ' DATE 1-2- 2 9 - 2)15 Nothing Compares State of North Carolina I Fnvironmemal Quality I Coastal Management 127 Cardinal Dnve F,t., Wilmington, NC 28405 910-796-7215 RECEIVED DCM WILMINGTON, NC DEC 312015 0 MEMORANDUM: TO: FROM: SUBJECT: Applicant:. Project Location: Proposed Project: December 7, 2015 , Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City Heather Coats, Assistant Major, `NCDEQ — Division;of'Cdastal`MI 127 Cardinal Drive Ext ,Wilco: PAT MCCRORY - Governor ➢ONALD R., VAN DER'VAART BRAXTON'IDAWS . _ prrycror ,. Y Fax. jut) -3964 . ,. jCouner09a=a r� i CAMA / Dredgee & FIII Applicafiori Re"view Federal Point Yacht Club; 910 Basin St., adjacent to the CB.Yacht Basin /Myrtle Grove Sound,, in Carolina'Beach; V-NanoverCounty,', perform maintenance excavation an"d install an additional finger -pier YOU have any eqns uestioaregarding the proposed project contact Holley Snider at�(916)796T 276 When appropriate, in-depth comments with supporting data'is requested. a_. REPLY: This agency has no objection to the project as:proposed ? This agency has no comrnenton the.proposed project. This agency approves of the protect only if the'recommended changes are incorporated. Bee.attached. This agency objects to the •project forreasons described in -the attached comments. SIGNED DATE.-. _7 - JAN 64 *6 -RECEIVED. �. _; !/Nothin .Co DEC 0 9 815 State of'Reith Carolina.,_Environmenlal.4uality[Coasml Manakwan"i 1f�.11A� MHD': CITY - - 127 Card:qel Drive Exl., Mjrmjngtoa, NC 2#9(!5 D V �V� v .91 D-79021:5 PAT MCCRORY rownror DONALD"R VAN DER VAART .. -.. - .. Secretory " BRAXTON DAVIS CoastalManggement ENVIRONMENTAL QUALITY - � ' Director, MEMORANDUM: TO Heather Coats, DCM Assistant Ma or' Coordinator . FROM: Gregg Bodnar, DCM Fisheries Res ource.Spec ialist SUBJECT: Federal Point Yacht Club I DATE:1/4/2016 ". A North Carolina Division of Coastal Management (DCM)Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that Impact fish andfish habitats The applicant proposes to conduct' maintenance dredging authorized in CAMA permit #8" and various general. permits, and to construct a fixed; platformand•Floatingdock toaccommodate two additional slips. The j surrounding waters are classified as primary recreation (SB#), closed to shellfish harvest, and are within' Carolina Beach Yacht Basin. Coasta(Wetlands are directly adjacent to a.porfion of the dredge footprint.. A moratorium on,in water works to include dredging; from 1 April to 30 September is, I recommended to.reduce the negative effects on critical fish life history activities, to.include spawning migrations and nursery functions To protect the coastal wetlands adjacent to a ortionofthe.dred afoot nnt'aminimumof5.feetofbuL#.r.betweenthe,ed aof.the. P g P- ','. g j.. R, wetlands and the dredge footprint ls`recommended. _ j I 3 Contact Gregg Bodnar at (252) 808-2808 ext: 213 or greas bodnarOncdenr eov with further questions or concerns. -- nothing Compares State orNo6Caro1fna I;EnvGomaental QuehtyjCoaslaPManagrmont'-- ... 400 Cummeme Aw- I Marchead Gty; N_oit_h Carolina285571 - 25278083808 .. PAT MCCRORY Governor KT. DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director December 7, 2015 MEMORANDUM: V, 4a TO: Heidi Cox 0( 1�5�0�% Environmental Engineer �j Public Water Supply l0 0 p 1201 p at@ FROM: Heather NCDEQ CDiv lion oAssistant f Coastal Management ajor Permits Coordinatorvb date Zf1ire 127 Cardinal Drive Ext., Wilm., NC 28405 heather coats(a)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Federal Point Yacht Club Project Location: 910 Basin St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: perform maintenance excavation and install an additional finger pier Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. aLcejl 16 (Ased 4-o sl+ REPLY: This agency has no objection to the project as proposed. 1A)akArio'Ebt Aockza-A(0o CA UbftLtsc,,+ ;s mayhe.a+mnStal Pt l,Uc R ubkv. m.case co,4m* This agency has no comment on the proposed project. ?uhVcabl&5!; tt�4a 746-qy .�fAa-1{gpX i+l%rhl0.i.a/.>. 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 0/" (A)K DATE 14EW 1`) RECEIVED DCM WILMINGTON, NC Nothing Compares' DEC 15 2015 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coats, Heather From: Hair, Sarah E SAW <Sarah. E. Hair@usace.army. mil> Sent: Thursday, January 14, 2016 3:43 PM To: Coats, Heather; Coburn, Chad; Mairs, Robb L Subject: RE: 2 projects in NHC frQtirzAL-jori rr,rc That's the one! Looks like we processed it as an Individual Permit and modified a few times, with the last modification authorized in 1999-matches Robb's description in the bio-report. Let me figure out what to do with this one... especially since they have been working w/out authorization for the past 15 or so years... Thanks so much Liz -----Original Message ----- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Thursday, January 14, 2016 3:18 PM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L<robb.mairs@ncdenr.gov> Subject: [EXTERNAL] RE: 2 projects in NHC Hi Liz, Try 198700470. Hope that helps! H. Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1.1 -----Original Message ----- From: Coburn, Chad Sent: Thursday, January 14, 2016 3:05 PM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov> Subject: RE: 2 projects in NHC I'll see what I can find.... -----Original Message ------ From: Hair, Sarah E SAW[mailto:Sarah.E.Ha!r@usace.army.mil] Sent: Thursday, January 14, 2016 2:52 PM To: Mairs, Robb L<robb.mairs@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: RE: 2 projects in NHC On another note, do any of you have in your files anything from the Corps for the Federal Point Yacht Club project? I cannot locate anything in our database that shows that we ever authorized the project. I've searched Timpy's old spreadsheet, gone through his old electronic files, asked around the office, and even done a historical work type search in the database and have come up with nada... any help you can provide is much appreciated! Liz ---Original Message --- From: Mairs, Robb L [mailto:robb.mairs@ncdenr.gov] Sent: Thursday, January 14, 2016 8:48 AM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.m!b; Coats, Heather <heather.coats@ncdenr.gov>, Coburn, Chad <chad.coburn@ncdenr.gov> Subject: [EXTERNAL] RE: 2 projects in NHC . Liz, The owner of Pelican Point received waivers from each adjacent riparian property owners, which, is not common for sure. However, without the waiver from Island Marina, they would be very limited due to how the riparian lines come into play on this shoreline. I also believe it was due to the timing of the Pelican Pt. application submittal that Island Marina decided to submit a permit application to maintain the maintenance excavation of marina and extension of the docking space next to Pelican Pt. before the HOA of the new complex takes over, which we all know how it is to work with HOAs. Based on my interactions with the agent for the owner of Pelican Pt. and the owner of Island Marina during the application process, they do support each other's projects. Hope this helps and feel to give me a shout if you need any further assistance. Thanks, Robb -----Original Message ----- From: Hair, Sarah E SAW[mailto:Sarah.E.Hair@usace.army.milj Sent: Wednesday, January 13, 2016 5:49 PM To: Coats, Heather<heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: 2 projects in NHC Does it seem strange to you all that the Island Marina project at CB proposes to extend their existing floating dock 15 feet towards the proposed floating dock of the Pelican Point project that we are currently reviewing? Not questioning riparian rights or anything like that, but the proposed structures seem awfully close, right? Maybe that is normal ... just looking for some clarification. Thanks, Liz -----Original Message ----- From: Hair, Sarah E SAW Sent: Thursday, January 07, 2016 5:47 PM To: 'Coats, Heather' <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: 2 projects in NHC All, Just wanted you to know that I am working on the 2 projects below for Tyler: Island Marina Enterprises in Carolina Beach Corps Action ID: SAW-2004-00267 State permit no: 36-04 Federal Point Yacht Club in Carolina Beach Corps Action IID: unknown State permit no: 8-88 I haven't had a chance to review completely, but they both may end up being a 291. 1 haven't been able to locate the previous permits orfile for FYPC yet. I'll be back in the office on Monday, and will let you know for sure then. Thanks, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil . t 2 � t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 February 23, 2016 Regulatory Division Action ID No. SAW-1987-00470 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. Jerry Byrd to modify an existing authorization in order to perform maintenance dredging within an existing boat basin, and construct a new 8-foot X 40- foot dingy dock at the existing Federal Point Yacht Club. The project is located at 910 Basin Road adjacent to Myrtle Grove Sound /Carolina Beach Yacht Basin, Carolina Beach, New Hanover County, North Carolina, Coordinates in Decimal Degrees are: 34.041297 N and - 77.892497 W. 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. The applicant must contact the US Army Corps of Engineers Real Estate Office to obtain written Right of Way access from the Corps to cross a federal easement in order to access the proposed disposal site. Contact information: Corps Real Estate Office, Mr. John Manning, 910-251-4474. 2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee P-uidelines.pdf. -2- 3. For any dredging or operational activity that impacts the safe navigation on Federal waterways: The U.S. Coast Guard requires that the applicant must provide the following information at least 10 days prior to dredging operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved d. Working and standby frequencies e. Specific Location (Mile marker/Channel) f. Any specific instructions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineevents6d.uscg.mil 4. If the project extends further to the northeast than anticipated (into the channel), Federal Aids to Navigation (ATON) may need to be relocated or temporarily removed in the channel for the operation. At least 30 days notification is required by the Coast Guard to accomplish ATON movements. This request can be sent to the Coast Guard District Five Office at: USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR EMAIL: CGD5 Waterwa s a uscg.mil 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. 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, A�tcI -3- relocate, or alter the structural work or obstructions caused thereby, without expense to the United -States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. • The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 10. 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. 11. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13. 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. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. -4- 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this.permit in the construction and maintenance of this project, and shall provide . each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 16, 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). 17. The activity will be conducted in such a manner as to prevent a significant increase in turbidityoutside 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. 18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 19. 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 pemuttee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, rz Ir, Protect Manager Wilmington Regulatory Field Office I -5- Copy Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environmental 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. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Electronic Copy Furnished: Mr. Chad Coburn NC DWR Ms. Heather Coats, NC DCM Mr. Robb Mairs, NC DCM i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS ENGINEERS 69 DARLINGTON AVENUE E ` - WILMINGTON, NORTH CAROLINA 28403-1343 —� February 23, 2016 Regulatory Division Action ID No. SAW-1987-00470 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. Jerry Byrd to modify an existing authorization in order to perform maintenance dredging within an existing boat basin, and construct a new 8-foot X 40- foot dingy dock at the existing Federal Point Yacht Club. The project is located at 910 Basin Road adjacent to Myrtle Grove Sound /Carolina Beach Yacht Basin, Carolina Beach, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.041297 N and - 77.892497 W. 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. The applicant must contact the US Army Corps of Engineers Real Estate Office to obtain written Right of Way access from the Corps to cross a federal easement in order to access the proposed disposal site. Contact information: Corps Real Estate Office, Mr. John Manning, 910-251-4474. 2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hnp://www.fws.gov/nc- es/mammal/manatee ggidelines.pdf. RECEIVED FEB 2 6 2016 DCM- MHD CITY -2- 3. For any dredging or operational activity that impacts the safe navigation on Federal waterways: The U.S. Coast Guard requires that the applicant must provide the following information at least 10 days prior to dredging operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved d. Working and standby frequencies e. Specific Location (Mile marker/Channel) f. Any specific instructions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineeventsnuscg.mil 4. If the project extends further to the northeast than anticipated (into the channel), Federal Aids to Navigation (ATON) may need to be relocated or temporarily removed in the channel for the operation. At least 30 days notification is required by the Coast Guard to accomplish ATON movements. This request can be sent to the Coast Guard District Five Office at: USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR EMAIL: CGD5Waterways@.useg.mil RECEIVED FEB 26 2016 DCM- MHD CITY 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. 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, -3- relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 10. 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. 11. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13. 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. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. RECEIVED FEB 2 6 2016 DCM- NIHD CITY me 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 16. 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). 17. 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. 18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 19. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, iz H�r," ct \ Protect Manager Wilmington Regulatory Field Office RECEIVED FEB 2 6 2016 DCM- MHD CITY -5- Copy Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environmental 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. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Electronic Copy Furnished: Mr. Chad Coburn NC DWR Ms. Heather Coats, NC DCM Mr. Robb Mairs, NC DCM RECEIVED FEB 2 6 2016 DCM- MP"j.'? ;°a _y Coastal Management ENVIRONMENTAL QUALITY March 7, 2016 Mr. Mike Conard Carolina Marine Construction, Inc. 4925 Red Heart Dr. Wilmington, NC 28412 Dear Mr. Conard: PAT MCCRORY covemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director This letter is in response to your application request under the Coastal Area Management Act (CAMA), acting as agent for Federal Point Yacht Club, to perform maintenance dredging and construct a transient dock at 910 Basin Street in Carolina Beach, New Hanover County. On January 29, 2016, processing of your application was placed on hold per your request. On March 4, 2016, we received your request to resume processing. Therefore, processing of your permit application has officially resumed as of that date. The revised projected deadline for making a decision is May 15, 2016. Please feel free to contact me by phone at (910) 796-7302 or by e-mail at (heather.coats@ncdenr.gov) if you would like to discuss this matter further. cc: Doug Huggett, DCM Sincerely, �GG�flIPiL � k� Heather Coats Assistant Majors Permits Coordinator Nothing Compares'" Stare of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coats, Heather From: Michael Conard <carolinamarineconstruction@charter.net> Sent: Friday, March 04, 2016 4:31 PM To: Coats, Heather Subject: RE: 2 projects in NHC Good afternoon Heather, Hope that you are doing well. As per our earlier conversation ... we would like to request that Federal Points permit application be taken off hold now that the Corps has responded with their comments. We appreciate all of your help and work on this project and are excited about being able to move forward. Thanks Mike -----Original Message ----- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Wednesday, February 03, 2016 8:58 AM To: Michael Conard <carolinamarineconstruction@charter.net> Subject: RE: 2 projects in NHC Thanks Mike! Have a great day- it looks like a pretty one out there! Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Michael Conard [mailto:carolinamarineconstruction@charter.net] Sent: Wednesday, February 03, 2016 8:20 AM To: Coats, Heather.<heather.coats@ncdenr.gov> Subject: Re: 2 projects in NHC Yes ma'am. Sent from my iPad > On Feb 3, 2016, at 8:08 AM, Coats, Heather <heather.coats@ncdenr.gov> wrote: > Hi Mike, > Just to be clear, your email was confirming the intent to place the application temporarily on hold pending ACE permit processing? > Thanks and let me know if you have any questions! > Heather > Heather Coats > Assistant Major Permits Coordinator > Division of Coastal Management > North Carolina Department of Environmental Quality > 910 796 7302 office > heather.coats@ncdenr.gov > 127 Cardinal Drive Extension > Wilmington, NC 28405 > Email correspondence to and from this address is subject to the North > Carolina Public Records Law andmay be disclosed to third parties. > > -----Original Message ----- > From: Michael Conard[mailto:carolinamarineconstruction@charter.net] > Sent: Friday, January 29, 2016 12:28 PM > To: Coats, Heather <heather.coats@ncdenr.gov> > Subject: Re: 2 projects in NHC > Thank you Heather. As we discussed..we have no problem waiting a > couple weeks for the Corps comments if it makes things easier for you > guys. Call me anytime if you need anything else. Have a good weekend. > Thanks Mike > Sent from my iPad >> On Jan 29, 2016, at 10:39 AM, Coats, Heather >> <heather.coats@ncdenr.gov> wrote: >> Hi Mike, >> As discussed, the ACE needs to put out notice on this project... See Liz's email below. >> Please let me know if you or the applicant have any questions and 2 >> have a great weekend! >> Heather >> Heather Coats >> Assistant Major Permits Coordinator >> Division of Coastal Management >> North Carolina Department of Environmental Quality >> 910 796 7302 office >> heather.coats@ncdenr.gov >> 127 Cardinal Drive Extension >> Wilmington, NC 28405 >> Email correspondence to and from this address is subject to the North >> Carolina Public Records Law and may be disclosed to third parties. >> -----Original Message ----- >> From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil] >> Sent: Friday, January 29, 2016 10:27 AM To: Coats, Heather <heather.coats@ncdenr.gov> >> Subject: RE: 2 projects in NHC >> Heather, >> Actually, I have to put that one on notice. I'm thinking of a >> shortened >> (15-day) notice since they aren't proposing any new work, but have >> technically been operating without authorization for the past 15 >> years. I talked with Office of Counsel about it last week, and there >> is really no way around it. >> Sorry, I hope this doesn't cause any problems for you. The applicant >> should be made aware that even if they get the CAMA permit and the >> 401, they are not authorized to go to work until we issue the Corps >> authorization (I'll be sending them a letter next week). >> Thanks! >> Liz >> ----- Original Message ----- >> From: Coats, Heather [mailto:heather.coats@ncdenr.gov] >> Sent: Friday, January 29, 2016 10:21 AM >> To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> >> Subject: [EXTERNAL] RE: 2 projects in NHC >> Hi Liz, >> Just checking on the status of your comments for Federal Point YC? >> Thanks! >> H. >> Heather Coats >> Assistant Major Permits Coordinator >> Division of Coastal Management >> North Carolina Department of Environmental Quality >> 910 796 7302 office >> heather.coats@ncdenr.gov >> 127 Cardinal Drive Extension >> Wilmington, NC 28405 >> Email correspondence to and from this address is subject to the North >> Carolina Public Records Law and may be disclosed to third parties. >>---Original Message---- » From: Coats, Heather >> Sent: Thursday, January 14, 2016 3:18 PM >>To: Coburn, Chad <chad.coburn@ncdenr.gov>;'Hair, Sarah E SAW' >> <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov> >> Subject: RE: 2 projects in NHC >> Hi Liz, >> Try 198700470. >> Hope that helps! >> H. >> Heather Coats >> Assistant Major Permits Coordinator >> Division of Coastal Management >> North Carolina Department of Environmental Quality 4 >>910 796 7302 office >> heather.coats@ncdenr.gov >> 127 Cardinal Drive Extension >> Wilmington, NC 28405 >> Email correspondence to and from this address is subject to the North >> Carolina Public Records Law and may be disclosed to third parties. >> ----- Original Message---- » From: Coburn, Chad >> Sent: Thursday, January 14, 2016 3:05 PM >> To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L >> <robb.mairs@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov> >> Subject: RE: 2 projects in NHC >> I'll see what I can find...._ >> -----Original Message ----- >> From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil] >> Sent: Thursday, January 14, 2016 2:52 PM >>To: Mairs, Robb L<robb.mairs@ncdenr.gov>; Coats, Heather >> <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> >> Subject: RE: 2 projects in NHC >> On another note, do any of you have in your files anything from the >> Corps for the Federal Point Yacht Club project? I cannot locate >> anything in our database that shows that we ever authorized the >> project. I've searched Timpy's old spreadsheet, gone through his old >> electronic files, asked around the office, and even done a historical >> work type search in the database and have come up with nada... any >> help you can provide is much appreciated! >> Liz >> ----- Original Message ----- >> From: Mairs, Robb L [mailto:robb.mairs@ncdenr.gov] >> Sent: Thursday, January 14, 2016 8:48 AM >> To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.miI>; Coats, Heather >> <heaiher.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> >> Subject: [EXTERNAL] RE: 2 projects in NHC >> Liz, >> The owner of Pelican Point received waivers from each adjacent >> riparian property owners, which is not common for sure. However, >> without the waiver from Island Marina, they would be very limited due >> to how the riparian lines come into play on this shoreline. I also >> believe it was due to the timing of the Pelican Pt. application >> submittal that Island Marina decided to submit a permit application >> to maintain the maintenance excavation of marina and extension of the >> docking space next to Pelican Pt. before the HOA of the new complex takes over, which we all know how it is to work with HOAs. >> Based on my interactions with the agent for the owner of Pelican Pt. >> and the owner of Island Marina during the application process, they >> do support each >> other's projects. >> Hope this helps and feel to give me a shout if you need any further >> assistance. >> Thanks, >> Robb >> ----- Original Message ----- >> From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil] Sent: Wednesday, January 13, 2016 5:49 PM >>To: Coats, Heather<heather.coats@ncdenr.gov>; Coburn, Chad >> <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> >> Subject: RE: 2 projects in NHC >> Does it seem strange to you all that the Island Marina project at CB >> proposes to extend their existing floating dock 15 feet towards the >> proposed floating dock of the Pelican Point project that we are >> currently reviewing? . >> Not questioning riparian rights or anything like that, but the >> proposed structures seem awfully close, right? Maybe that is >> normal ... just looking for some clarification. >> Thanks, >> Liz >> ----- Original Message ----- >> From: Hair, Sarah E SAW >> Sent: Thursday, January 07, 2016 5:47 PM >> To: 'Coats , Heather' <heather.coats@ncdenr.gov>; Coburn, Chad >> <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> >> Subject: 2 projects in NHC All, c] >> Just wanted you to know that I am working on the 2 projects below for Tyler: >> Island Marina Enterprises in Carolina Beach Corps Action ID: >> SAW-2004-00267 State permit no: 36-04 >> Federal Point Yacht Club in Carolina Beach Corps Action IID: unknown >> State permit no: 8-88 >> I haven't had a chance to review completely, but they both may end up >> being a 291. 1 haven't been able to locate the previous permits or >> file for FYPC yet. >> I'll be back in the office on Monday, and will let you know for sure then. >> Thanks, >> Liz Hair >> Project Manager >> USACE-Wilmington District >> Wilmington Regulatory Field Office >> 69 Darlington Avenue >> Wilmington, NC 28403 >> 910-251-4049 >> Sarah.e.hair@usace.army.mil 7 Coastal Management ENVIRONMENTAL OUALITV February 4, 2016 Carolina Marine Construction, Inc. c/o Mike Conard 4925 Red Heart Dr. Wilmington, NC 28412 Email: carolinamarineconstruction@charter.net Dear Mr. Conard: PAT MCCRORY Governor DONALD R. VAN DER VAART Seaetmy BRAXTON DAVIS Dn mr This letter acknowledges your emails sent on 1/29/16 & 2/3/16 in which you indicated that you wish to place Federal Point Yacht C►ub's CAMA Major Permit application in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796-7302, or by e-mail at heather.coats@ncdenr.gov. Cc: Doug Huggett Wilmington Files Sincerely, e.1-07U t Lva t'✓ Heather Coats Assistant Major Permits Coordinator Nothing Compares_ RECEIVED FEB 0 8 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 910-796-7215 Carolina Marine Construction, Inc. 6400-8 Carolina Beach Rd, Suite 212 Wilmington, NC 28412 910-793-4143 November 11, 2015 To: NC DENR Attn: Robb Mairs Re: Federal Point Yacht Club NARRATIVE Federal Point Yacht Club is a marina in Carolina Beach with 105 total slips. The marina is certified as a "Clean Marina" by NC DEQ. FPYC has a functioning pump out system that was funded through a grant from DCM. The majority of slips are used by owners or long term renters along with a few slips offered for transient use. The majority of vessels in the yacht club are larger boats and require 4'-5' of draft. Therefore, we are proposing to dredge along the entire length of the marinas shoreline. Siltation and sloughing have caused these areas to become shallow and need to be maintained in order to provide continual use without the vessels sitting on bottom or clogging intakes. The cut we are proposing is 35' wide by 1100' long. We are proposing to remove an average of 2' for a total of 2,852 yards to be removed. The material will be excavated with a long reach excavator mounted on a barge with a ramp and bin walls. Spoil will be allowed to temporarily dewater on barge before being hauled to approved spoil site (273 Graham Island) and unloaded with (2) S-250 bobcats on high ground. We are also proposing to install an 8' x 40' dingy dock near the clubhouse. A majority of transients we dock and several members require smaller tender boats when traveling or staying on their boats. This has created a problem when attempting to dock. The proposed dock will allow members and transients alike to have their tenders on site without being a nuisance or damaging it or their boat. Thank you, Michael Conard RECEIVED DEC 0 9 2015 DCM- MHD CITY DCM WILMINGTON, NC NOV 12 2015 Search Results for "910 Basin Rd, Carolina Beach, NC 28428" page 1 of 1 Q 1. 910 Basin Rd 910 Basin Rd, Carolina Beach, NC 28428-3846 r i RECEIVED GFF 09 2015 02015 MapQuest. Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use (http://hello.mapquest,com/terms-of-use). �i Coastal Management ENVIRONMENTAL QUALITY December 7, 2015 Jerry Byrd c/o Federal Point Yacht Club 910 Basin Road Carolina Beach, North Carolina 28428 Dear Mr. Byrd: P't PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The Division of Coastal Management hereby, acknowledges receipt of your application for State approval for development at your property located at 910 Basin Road, adjacent to the AIWW/Myrtle Grove Sound, Carolina Beach, in New Hanover County. It was received as complete on November 12, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 28, 2016. 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 November 12, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. cc: Heather Coats, DCM Doug Huggett, DCM Tyler Crumbley, USACE Chad Coburn, DWR Jeremy Hardison, LPO TOCB obb L. airs Field Representative Nothing Compares_ RECEIVED DEC 0 9 2015 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Mmagement 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NoTI(01$17J LAMA PERMIT APPLIED FOR PROJECT: to perform maintenance excavation and mowwwqmpw . • • • i i i _ ' - r ; ina nd, at 910 Basin St., in Carolina Eleach,, New Hanover County APPLICANT: Rpdpral Peon Ya _ht -I ih n C/o Iprry RVrd _ 0o m Carolina Beach, NC 78428o eo N M Agent: Mike Conard (910) 470-6610� FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div of Coastal Management 127 Cardinal Dr. Extension Wilmonaton- NC 28405 Holley Snider, Field Representative Snider, Field Representative 910-796-7270 CAROLINA MARINE CONSTRUCTION, Inc 6400-8 Carolina Beach Rd., #8 Wilmington, NC 28412 910-7934143 November 11, 2015 SPOIL ISLAND AGREEMENT To Whom It May Concern: I, Fred Graham, own the property located on the peninsula at the north end of Carolina Beach known as "Graham Island" and do hereby grant Carolina Marine Construction, Inc. to deposit approximately 2852 cubic yards of spoil from Federal Point Yacht Club. Spoil is to be placed outside of both the dike walls and the Army Corp of Engineers right of way. There will be a $3.00 per cubic yard deposit charge for use of the site. Carolina Marine Construction is to abide by DENR's rules and regulations. Accepted by Fred Gra RECEIVED DEC 0 9 2015 DCM- MHD CITY Dowl WILMINGTON, NC NOV 12 2915 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date N-11' aols- Name of Property Owner Applying for Permit: ec et Pc�0 dt+ a( Go H-oo Mailing Address: GIC) 136si1) Caroleta. &aji, ne 1 certify that 1 have authorized (agent) -W Ie Y%(� to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) a leht ' niDba< at (my property located at) This certification is valid thru (date) Dec.31, a W I w PVeK)1&, RECEIVED DEC 0 9 2015 DCM- MHD CITY Date RECEIVED DCM WII ANGTUN, NC h�OV 13 2015 10- XOEsj�e, HpF� mteift Tax BOOK PACE z547 6411 '99 NOR 30 PM 12 99 RECORDED AL VERIFIED NARY SUE DOTS REGISTER OF DEEDSw RC7r HAi10VER !7O. NO Recording Time, Baotand 1 Tax Lot No.._908B18-0067W.8.77000 ... Parcel Identifier No. ....... Verified by —.... ............... ................... ..... ..... ............... _. County on the ..............- day of .- . by...... ........ ........ ..... ..... ............... ......_...... ................... ............ ..... _.._ Yell after recording to HI._......... This Instrument was prepared by,LOnnie B.... Nilliame,... Jr./MARSMA x... NILLIAMS A GOF.RAM,,.,_ LLP Brief description for the Index omgon Areas Federal Point M rina and Yacht Club NORTH CAROLINA NON -WARRANTY DEED THIS USED made this .1st...... day of : .... Janua><y.......... ._..................... 19....9.3..., by and between GRANTOR FEDERAL POINT YACHT CLUB LIMITED PARTNERSHIP (a North Carolina limited partnership) 11 . 000167 GRANTEE FEDERAL POINT YACHT CLUB ASSOCIATION, INC. la North Caroliia nonprofit corporation) Leta In appmprla4 bbek ter seek party: wmq addreas, eM, it aMp Prlak, thur.,ts, et eauly, e.q. corporation yr wrtrwrahiR The designation Grantor and Grant" as used herein shall include said parties, their heirs, successors, akd ass)gne, and shall include singular. plural, masculine, feminine or neuter as required by contest WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the racelpt of `phieb is hereby aclmowledged, has and by these presents does grant, bargain, sell and convey unto the GrantW.!p:Yii,aio�ple,•tf11'ihat certain lot or panel at land situated In the ! or . Carolina...Beach................. ............................. Towaehi t.........:.... p, NeN.-HADover.......... .......... Comity. North Carolina and more particularly described as follows: All of those areas identified as "Reserved Common Area" and "Marina RECEIVED Parking -Common Area/Easement", all private streets (including Grand Bahama Drive, Hope Town Road, Rum Cay Road, and Rougue Cove Drive), and all decks, boat docks (including piers, pilings, slips and DEC 0 9 2015 walkways), and all rights to all bulkhead maintenance easements, as shown on the plat of Federal -Point Marina and Yacht Club recorded in Map Book 35, Page 356, in the New Hanover County Registry, reference to which is hereby made for a more particular description. DCM- MHD CITY Y RECEIVED DCM WILMINGTON, NC NOV 1 2 2015 ri75749 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: U0101 i® Address of Property: I () SriSi bt) C( (Lott or Street #, Street or Road, City & County)) �7 t Agent's Name #: �f(/' GfnG l +/rn! Mailing Address: `T 7s).$—IZ4 Agent's phone #: CGt o-)W7o --&(O /G L()i//t. 'Aic ? ey)- 1 hereby certify that 1 own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they AFproposing. A description or drawing. with dimensions. must be_orovided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at httpJ/www.nccoastalmanaaementnet/web/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you islyfo�waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. RECEIVED DCM WILMINGTON, NC I do not wish to waive the 15' setback requirement. NOV 2 O 2015 (Proper . ty Owner formation) Signature Pnnt or Type Name cno ?A Mailing Address N rul iy1 �i� 1 "0- 1 tY City/State/Zip _ (GIo) g57V- u51L Telephone Number/Email Address It � 15(115- Date ( avian P perty Owner Information) Signature ►� I : J P f ant or Type Name -2ol ,). Le�k-e Pz'tc &„J0 t=A Mailing Address C S 2 q -LY, City/State/Zip 4 i� 6Z� —�/07 Z Telephone Number/Email Address ., _ DEC 0 9 2015 (Revised Aug. 2014) V scone Taa BOOK PACE 2547 0411 '99 NOR 30 PM 12 99 RECORDED k VERIFIED NARY SUE DOTS REGISTER OF DEEDSw H.'-NOVER ".0. NO Recording meae, Book and 1 Tax Lot No. ._R08818_-006-64Q-QQQ .__.__..,,_____.___„__ Parcel Identifier No. Verified by .............. _........................... ......... ............ _._... County on the ._.,........... day of by.........................._.................................._... ...........I-- ....................... Mail after recording to 19.,.... I.... This instrument was prepared by _Lonnie _ B..Williams, Jr. /MARSHALL, ,WILLIAMS 6 GORHA[Ar._LLP Brief description for the Index ommon Areas Federal Point M rina and Yacht Club NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this .1st...... day of :... JnnuazY...................................... 19.... 9.9.." by and between GRANTOR GRANTEE FEDERAL POINT YACHT CLUB 'FEDERAL POINT YACHT CLUB LIMITED PARTNERSHIP ASSOCIATION, INC. (a North Carolina limited partnership) 000167 (a North Carolnna nonprofit corporation) Enter in appropriate block for each party: name, sddres, and, n -MW prhule, cheracter of early, e, corppranon or pournera 1, The designation Grantor and Grantee as used herein shall Include said parties, their heirs, auccenorp, ami asVghe, and shall include singular, plural, masculine, feminine or neuter as required by context. 1° WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ;of igJtich !!a lienby, acknowledged, has and by these presents does grant, bargain, sell and convey unto the Granted,in:Yw,aldpld',i11 ihlt TOY n certain lot or pared of land situated In the (Rry of .SALol ina...BE:ac11........ _....... ................. ..... ........ !TV "Ship, New_.l?fAfAAver,...... _.......... Comity, North Carolina and more particularly described as follows: •"' All of those areas identified as "Reserved Common Area" and "Marina Parking -Common Area/Easement", all private streets (including Grand Bahama Drive, Hope Town Road, Rum Cay Road, and Rougue Cove Drive), and all decks, boat docks (including piers, pilings, slips and RECEIVED walkways), and all rights to all bulkhead maintenance easements, as shown on the plat of Federak Point Marina and Yacht Club recorded in Map Book 35, Page 356, in the New Hanover County Registry, DEC 0 9 2015 reference to which is hereby made for a more particular description. N.C. ea,A .F.—No.)019n DCM- MHD CITY E i 1VL:E? DGM WILMINGTON, NC nw� NOV 12 201 575749 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ,tfT,'�, 1. Article A� ' L v B� I.0 IIIIIIIIIIIIIiIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII Agent B. Racpkp'd by D. Is delivery address different from item i? ❑ Yes 0 YES, enter delivery address below ❑ NO 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandlse 0 Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2.9609 96E2 0000 025T 5TOz PS Form 3811, August 2001 Domestic Return Receipt ?ACPRI-03-Pd061 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. 1&g ■ Print your name and address on the reverse X�xAgent Addressee so that we can return the card to you. . Received by (F� Name) C. of ■ Attach this card to the back of the mailpiece, , �IvWY �� /J. or on the from B space permits. — D. Is delivery Address different from Item 1? 1. Article Addressed to: rw - R YES, enter delivery address below: ,p❑ �Yes P-o� �� 11a`� IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII (�y►3ceirA (Y1C _ — '1Y 3. Service Type �g( ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise D1W r Guotl ❑ Insured Mail ❑ C.O.D. Fee) l 4. Restricted Delivery? (Extra ❑ Yes z. Ankle Number ftm se7014 3490 ((ransler froMce I 0000 9111 9973 PS Form 3811, February 2004 Domestic Return Receipt 11Mgs-02- IW RECEIVED DCM WILMINGTON, NC DEC 0 3 2015 RECEIVED DEC 0 9 2015 DCM— MHD CITY r Postal m M1 CERTIFIED W Domestic , Ir 0 CAROLtNA BEACH iiC 38448 a -- ems• s f3.45 cl CenBea Fea 0401 o (Eaaa.anlR�eq�uho0�) !0 PoaOn.k O Restr;ctea �e.5very Fep p (F�amemrntRpWred) IT mTatal POs�9 a Pees $ 11/19/2015 �. To M MW M1 o'ro9u•M it A ! U.S, Postal Service'" • CERTIFIED MAIL" Domestic Mail only RECEIPT Fotaeh""yinformation, visit our web site a, ,•gy,yos Ps com•. RECEIVED DCM WILMINGTON, NC NOV 202015 RECEIVED DEC 0 9 2015 DCM- MHD CITY UNITED $TATFZ&;';X A1iI,, AP1' First -Class Mail Postage &Fees Paid USPS PerrnR No. G-10 • SenR." ease print your name, address, and ZIP+4 in this box FEDERAL POINT YACHT CLUB 910 BASIN ROAD CAROLINA BEACH, NC 28428 h�fll+ih�tdrhr�llPPhlrhlrldhhrl�lh>rrf�r+>i>r>�,+01 UNITED STATES POSTAL SERVICE I II II I Fimt-Class Postage & Fees Paid Permit FEDERAL POINT YACHT CLUB 910 BASIN ROAD CAROLINA BEACH, NC 28428 RECEIVED DCM WILMINGTON, NC DEC 0 3 2015 RECEIVED DEC 0 9 2015 DCM- MHD CITY UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box FEDERAL POINT YACHT CLUB 910 BASIN ROAD CAROLINA BEACH, NC 28428 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. ISig attire \ X Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. 16. Received by (Printed Name) C. Da of ivgry ■ Attach this card to the back of the mailpiece, _ or on the front if space permits. 7 d�ar� D. Is d�P�thomjkm 5.?, A Yes t. Article Addressed to: Imo- S�&� I�oP. YYI�z►'l. If YES, enter defvery address below: jq(No Cu�-►� t n� - _ 3. Service Type ❑Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise Diu) n � r l G �,( ❑ Insured Mail ❑ C.O.D. Restricted Delivery? Fee) 4. (Extra ❑ Ves 2. (7mns/erfrom service I 7014 3490 0000 9111 9973 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATFtE ' i'fIFE First -Class Mail Postage 8 Fees Paid M.— -• w, USPS Permit No. G-10 23 Nr-v 115 print your name, address, and ZIP+4 in this box FEDERAL POINT YACHT CLUB 910 BASIN ROAD CAROLINA BEACH, NC 28428 Itdllinruhl�rllliUf-lihldill�lvl�lh�nl�ri,l�ir,ttgl ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RM� qa3 3asin.R� Inc- � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllll B. C. Agent D. Is delivery address different from item 1? 0 Yes if YES, en*r Nv(r CWW LWfa cv. ❑ No DCM WILMINGTON, NC DEC182015 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes �2,' Q609 96E2 0000 02ST STOZ8609 96E2 0000 02ST STOZ PS Form 3311, August 2001 Dornestc Return Receipt Y CPRI-03.1`4081 i Coastal Management ENVIRONMENTAL QUALITY December 18, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Re: Major Public Notice for Federal Point Yacht Club / New Hanover County Kyle & Heather: Please publish the attached Notice in the Sunday, December 20, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett -MHC Tyler Crumbley — USACE Michele Walker- DCM Sincerely, au�sod Permitting Support & Custo er Assistance Nothing Compares' state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat, Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 7, 2015, Federal Point Yacht Club proposed to perform maintenance excavation and install an additional floating dock at the existing marina basin, adjacent to Carolina Beach Yacht Basin /Myrtle Grove Sound, at 910 Basin Rd., in Carolina Beach, New Hanover County. A copy of the application can be examined or copied at the office of Robb Mairs, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 10, 2016 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 �T i7l "i" ' '�-I' 1; mil Aill i t€ i r =- - :. r-- m--- '' ''P•� Simpson, Shaun From: StarNews Advertising <advertising@starnewsonline.com> Sent: Friday, December 18; 2015 9:44 AM To: Simpson, Shaun Subject: Re: Federal Point Major PN Hello, You are very welcome and have a great weekend! :) Legal notice is set and released to run as requested on 12/20. Publishing cost is $134.94. Our accounting department will mail out the affidavit of publication along with the bill once the ad completes its run. Thank you, Heather Huber Advertising Department StarNews Media 1003 S. 17th St. Wilmington, NC 28401 P: (910) 343-2342 F: (910) 343-2346 On Fri, Dec 18, 2015 at 9:34 AM, Simpson, Shaun <shaun.simnson a ncdenr.¢ov> wrote: Hi Heather, Thanks so much for taking care of this for Sunday publication. It was so nice to speak to you after having only an email relationship all this time! Have a nice weekend, Shaun Shaun Simpson Permit Support & Customer Service MAJOR PERMIT FEE SCHEDULE l-V- Federal Point Yacht Club / New Hanover/$400 DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED DEC 0 9 2015 DCM- MHD CITY DENR CAMA Daily Check Log for WIRO" Date Received Date Deposits d Check From (Name) Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments Rece/pt or Refund/Rsallocated 11/12/2015 ATD Construction Co. Inc. A. Lombroski First Citizens Bank 11554 $150.00 CK 2 of 2, major fee, 1632 Soundvratch Dr RIM rot. 0377D 11/12/2015 Allied Marine Contractors LLC Scott Tucker B of A 7909 5200.00 GP 86192D TM rct. 0447 D 11112/2015 Richardson Construction Brian Henna"" BB &T 6162 $200.00 GP 66187D TM rct. 0440D 11/1212015 Carolina Marne Construction Inc Federal Point Yacht Club First Bank 9922 $400.00 major fee, 910 Basin Road, CB NHCo RM rcL 0381 D Coastal Management ENVIRONMENTAL QUALITY December 7, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 PAT MCCRORY riowm.r DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Re: Major Public Notice for Federal Point Yacht Club / New Hanover County Kyle & Heather: Please publish the attached Notice in the Thursday, December 10, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett -MHC Tyler Crumbley — USACE Michele Walker- DCM Si erely, Shaun K. Simpson Permitting Support & Customer Assistance Nothing Compares.` RECEIVED DEC 0 9 2015 State of North Carolina I Environmental Quality I Coastal Management D (�v M M fi D CITY 127 Cardinal Driw Ext., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 7, 2015, Federal Point Yacht Club proposed to perform maintenance excavation and install an additional floating dock at the existing marina basin, adjacent to Carolina Beach Yacht Basin /Myrtle Grove Sound, at 910 Basin Rd., in Carolina Beach, New Hanover County. A copy of the application can be examined or copied at the office of Robb Mairs, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 31, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED DEC 0 9 2015 Nothing Compares - State of North Carolim I Environmental Quality I Coastal Management D C M - M H D CITY 127 Cardinal Drive Ent., Wilmingtm, NC 28405 910-796-7215