Loading...
HomeMy WebLinkAbout55-11 Cape Lookout MarinaClass Permit.Number 55-11 STATE OF NORTH CAROLINA Department of Environment and Natural Resources 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 Issuedlo Cape Lookout Marina Inc., c/o Ed & Bob Richards, 1136 Manor View Court Lynchburg, VA 24503 Authorizing development in Carteret County at adi. Eastmouth Bay, 381 Bayview Drive, ilarkersIsland,_ as requested in the permittee's application dated 2/6/09 (MP-1. MP 3 & MP-4) and 2/26/02 (MP-2) including the att'd workplan drawings (2), Sheet 3 of 7 dtd rev'd 3/7/11 and Sheet 4 of 7 dtd rev'd 9/22/09 This permit, issued on April 14, 2011 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e subject to Tines, imprisonment or crvu action; or may cause the permit to oe nuu ana voia. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land. disturbing activities associated with the development of the above referenced property, including the drystack, storage area, and parking area, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. 2) Any development or land disturbing activity that is considered non -water. dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resources Commission (CRC) regulations. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on September 17, 2015 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. JamesR. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Cape Lookout Marina Inc., c/o Ed & Bob Richards Permit #55 11. , Page 2 of 5 ADDITIONAL CONDITIONS Marina 3) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable at an easily accessible location, and maintained for the life of the marina. 4) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 5) 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. 6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) Unless specifically altered herein, this permit authorizes the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility -without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 8) 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. 9) 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. 10) This permit does not authorize the interference with any existing or proposed Federal proiect, 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. 11) 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 structure in order to make it more visible during hours of darkness or inclement weather. 12) This permit authorizes a maximum of 43 formalized boat slips associated with the marina facility. 13) This permit does not authorize any boat slips at "Dock-F", as depicted on the attached workplan drawings dated revised 3/7/11. -'Cape•Lookout Marina Inc., c/o Ed & Bob Richards Permit 955-11 Page 3 of 5 ADDITIONAL CONDITIONS Bulkhead 14) The alignment of the permitted bulkhead shall be staked by the permittee and approved on site by a Division of Coastal Management representative prior to initiation of construction. 15) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. 16) The bulkhead shall be constructed prior to any backfilling activities. 17) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 18) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 19) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 20) All backfill material shall be clean and free of any pollutants except in trace quantities. Breakwater 21) The approved alignment of offshore breakwater shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 22) This permit does not authorize any backfill in association with the breakwater. 23) The height of the authorized breakwater structures shall adhere to the heights indicated on the attached workplan drawings. 24) 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 structures. Excavation 25) No excavation shall take place outside the area indicated on the attached workplan drawings. 26) Excavation shall not exceed -4.5 feet below the normal low water level in the basin and 4.75' below normal low water in the canal. In no case shall the depth of excavation exceed the depth of the connecting waters. 27) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Cape Lookout Marina Inc., c/o Ed & Bob Richards Permit #55-11 . Page 4 of 5 ADDITIONAL CONDITIONS Spoil Disposal 28) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 29) No spoil material shall be placed within 30 feet of the normal high water line, except that which is used to backfill the permitted bulkhead. 30) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Sedimentation and Erosion Control 31) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 32) 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.). Stormwater 33) The Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8030826, which was issued on 9/19/03. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 34) 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 will 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. 35) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. Qap'e•L`ookout Marina Inc., c/o Ed & Bob Richards Permit #55-11 Page 5 of 5 ADDITIONAL CONDITIONS 36) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 37) The permittee and/or his contractor are urged to meet with a representative of the Division prior to project initiation. NOTE: This permit does not -eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 03-1401 v2. NOTE: 'rhe U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2004-00138 which was issued on 6/25/09. L!_:v3 Lonronaio_: p l� -Gtl MAILI`iG DISTRIBT.;TION SHEET Agents:�o o�� Y-r-�ioe� rG�•1C �D� i�S�- ��7'y� I U DCM Field Offices Elizabeth Cit (art;4 revised work plan: drawings)) orehead Cit a hington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Cultural Resources: enee Gledhill -Earl Public Water Supply: Debra Benoy ( ' oey e (WARO) Marine Fisheries: NC DOT: Ken.2=a,� Shellfish Sanitation: -a i Fowler State Property: June Michau Water Quality: John e y (NC DOT) Washington: Wilmington: Wildlife Resource Molly LPO: Vivian Christy Al Hodge Kyle Pamer— Fax Distribution: Permitee Agent Major Permit Fee Schedule Circle One 1 DCM % DWQ % Development Type 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) 11. 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 andlor open water areas, determine if AA C. or 0 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) lll(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) lll(D rtification No. 3490 (sea attached) cannot be applied: $40 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 L 60% ($2151 40% ($190) DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Cape Lookout Marina Inc. C/O Ed Richards, Bob Richards 2. LOCATION OF PROJECT SITE: 381 Bayview Drive on the North side of Harkers Island adjacent to Eastmouth Bay. Photo Index - 2000: grids 49-604 (D-16), (E=16), (F-16), (G-16), (H-15&16), (I-15, 16&17) 2006: grids 49-6342(D-16&17), (E-16), (F-16), (G-15&16) , (H-15, 16& 17) State Plane Coordinates - X: 2738171.028 Y: 354255.045 Rover: J032008A Longitude:76°32'37.97218 Latitude:34°41'53.79326 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit — 8/5/2008, 3/20/2009 Was Applicant Present — Yes, Yes 5. PROCESSING PROCEDURE: Application Received — 2/26/2009 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan— Carteret County dated 1996 Land Classification from LUP — Limited Transition/Conservation (B) AEC(s) Involved: CW, EW, PTA, ES (C) Water Dependent: docks /slips (yes), high ground work(no) (D) Intended Use: commercial (E) Wastewater Treatment: Existing — septic system Planned — septic expansion (F) Type of Structures: Existing — dock, dilapidated bulkhead, parking lot, residence and driveway Planned — Bulkhead, floating docks, marina, dry stack, parking lot, travel lift and boardwalks (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A N/A 39,000 ftz Inc. 8,295 ftz Shaded (B) Shallow Bottom 157,860 ftz N/A N/A (C) High Ground N/A 343,688.4 ftz N/A (D) Coastal Wetlands N/A Spartina altemiflora 2,870 ftz High Marsh- Snartina patens and Juncus 1,928 ftz N/A N/A roemerianus (D) Total Area Disturbed: 545,346.4 ftz (E) Primary Nursery Area: No (F) Water Classification: SA/HQW Open: Yes 8. . PROJECT SUMMARY: The project proposed is for the demolition of an existing dock Field Investigation Report: Cape Lookout Marina Inc. Page 02 and bulkhead, construction of the marina to accommodate 50 slips on the east side of the basin, a 300 dry stack storage facility, new bulkhead, maintenance excavation and widening of the basin and canal, staging area, and upland development. There would be a total of 50 new slips with 1 slip currently existing. Per the applicant Shellfish Sanitation required that the number of slips would not exceed 75. 9. Narrative Description The Cape Lookout Marina Inc. project is located at 381 Bayview Drive in Harkers Island. The property is 20.13 acres in its entirety and is an average of 1.5' above NHW. The site currently has an existing home with septic system, basin, canal, gravel drive and existing concrete pad areas. There are expanses of coastal marsh along the front shoreline which borders Eastmouth Bay and along the majority of the east portion of the property. This area would not be disturbed with any part of the development. They mostly consist of Juncus roemerianus, Spartina patens, Salicornia and Spartina altemiflora. There is also a fringe of coastal marsh located within the basin portion and along the canal. The basin and canal coastal wetlands would be disturbed with the proposed development. A total of 4,798 square feet of coastal wetlands would be excavated and filled along the basin and canal. They mostly consist of Spartina altemiflora, Juncus roemerianus and Spartina patens. The undeveloped portion of the high ground is comprised mostly of grass, a few pines, cedars and scrub bushes. The developed portion of the high ground contains an existing house with septic, gravel driveway and concrete pads that previously served for boat construction. The proposed development is a commercial project. There is a commercial boat basin to the west and single-family homes to the east of the project area. Carteret County's Land Use Plan classifies this property as Limited Transition with all AEC's classified Conservation. This section of Eastmouth Bay is not designated as Primary Nursery Area and is open to the taking of shellfish. Eastmouth Bay within this area carries a water classification of SAIHQW. Riparian corridors are not a factor due to the project being located within an upland basin and canal. All project worked with the exception of the channel excavation would remain within the basin and canal. Substrate in is mostly silt. No SAV's or shellfish beds were observed within the proposal project area. 10. Project Description: The current proposal is for the conversion of the existing basin to marina usage with new docks, pilings and finger piers. The proposal is also for the demolition of an existing bulkhead and the existing dock, 300 unit dry stack, parking area, boardwalk and fifty new slips within the basin. The applicants are proposing a 300 dry stack storage facility at the eastern portion of the property. All parts of the building would be outside of the thirty foot buffer and would be located over existing (concrete) impervious area. The dimensions of the dry stack facility would be 238' wide x 61' high x 265' long. There would be a storage building attached at the south side of the dry stack building. It would be 30' wide x 123' long. The existing ground elevation is at 4'. The applicants are proposing to raise this elevation with fill to a height of 7.8' with the dry stack building located over the fill area. They are also proposing a concrete drop zone within the buffer area located on the southeast side of the existing Field Investigation Report: Cape Lookout Marina Inc. Page 03 basin and the front west side of the proposed dry stack facility. An asphalt parking area is proposed along the west portion of the property. The applicants are proposing 134 spaces with all associated access to the spaces. All parking spaces and roadways would be located outside of the 30' CAMA buffer. A total of 7.89 acres would be graded, filled or disturbed during the high ground development. The amount of impervious proposed along the tract within the AEC is 23.89% with the entire tract at 18.19%. Discharges to waters of the state would be surface runoff from the parking area with three sand filters for storm water management. Two would be located at the northeast side of the dry stack facility and the final one located at the front western portion of the dry stack building. They would be located outside of the 30' buffer as well. The applicants are proposing the renovation of the existing basin and all associated bulkhead, docks, pilings and fingers. The existing bulkhead would be removed and reconstructed in order to help with the canal stabilization. At the moment there are fringes of coastal wetlands, 2,870 square feet of high marsh and 1,928 square feet of low marsh, that have volunteered landward of the dilapidated bulkhead. The new bulkhead would be wood and vinyl with a length of 2,646 linear feet. The height would be 1' with an average distance of .5' waterward of the nhw contour and would not exceed a maximum distance of 2' waterward of the nhw contour. There would not be any fill placed below nhw. All dead -men and tie backs would be within the 7.89 acre disturbed area. The marina development is as follows: There would be two floating docks, four fixed docks, 75 tie pilings and 25 finger piers. Docks A and B would be a floating docks. Dock A would be 5'x 402' and dock B would be 5' x 309'. Docks c and d would be fixed with the boardwalk labeled as docks E and F. Dock C and D would be 5' x 30' with the boardwalk dimension as 5' x 1159 and 5' x388'. The boardwalks would be located entirely over high ground and would have 6 access fingers, 5' x 50', located in various areas along the property. These would serve as parking lot access to the basin canal area. There would be 75 tie pilings and 25 finger piers located within the new 50 slip area along the west side of the basin and canal. The fingers would be 5' x 20'. There would be a fuel pump, concrete drop zone and travel lift at the south east side of the basin for the drystack. The typical boat would be less than 30' average and of a mixed type. All in -water development would remain inside of the existing canal and basin. The applicants are also proposing to widen and maintenance excavate the existing basin and canal with a bucket to barge to truck method. The existing dimensions of the basin is 150' x 105' with the new dimensions for the basin area at 170' x 270'. The existing dimensions for the canal is 75' x 860' with the new dimensions at 120' x 870'. A total of 29,042 cubic yards would be removed and hauled offsite to a preapproved CAMA disposal site. A total of 2,870 square feet of low marsh and 1,928 square feet of high marsh would be removed during this process. The average existing depth within the basin area is -3.2' nlw with the final proposed depth at -4.5' nlw. The average depth within the canal is -3.6' with the final proposed depth at -4.75' nlw. The average connecting waters are at -4.8'. 11. Anticipated Impacts: . The upland portion of this project would require the grading and filling of 343,688.4 ft2 Field Investigation Report: Cape Lookout Marina Inc. Page 04 with a finished impervious of 23.89 % within the AEC and 18.19% outside of the AEC. The proposed docks and fingers would shade 8,295 ftz and incorporate 39,000 ftz of open water within an excavated basin and canal. Approximately 2,870 ft2 of low marsh would be excavated for the basin expansion and 1,928 ftz of high marsh would be excavated within the canal. The marsh within the basin is located landward of the existing bulkhead that is functioning as a breakwater. The canal and basin excavation would cause the disturbance of approximately 157,860 ftz of shallow bottom habitat. The setting of pilings would cause an increase in temporary turbidity. There would be no hindrance to navigation due to all work being inside of the existing canal and basin. This project has the potential to add additional access and increase the boating use of Eastmouth Bay, with the addition of 350 boats. Name: Heather Styron Date: 4/7/09 Morehead City Malor lovelopmoid FormRiast revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1.>' Primary, Applicantl, Landowner Information Business Name Project Name (if applicable) Cape Lookout Marina, Inc. CAPE LOOKOUT MARINA Applicant 1: First Name MI Last Name ED RICHARDS Applicant 2: First Name MI Last Name BOB RICHARDS If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box city State 1136 MANOR VIEW COURT Lynchburg VA ZIP Country Phone No. FAX No. 24503 us 434 - 455 - 9466 ext. 434 - 455 - 6780 Street Address (if different from above) City State ZIP Email RIC HARD ED@TYCOE LECTRO N I CS. CO M 2AgintlCohtri66 rinformation'. Business Name Stroud Engineering Agentl Contractor 1: First Name MI Last Name RONALD D CULLIPHER Agent/ Contractor 2: First Name MI Last Name JOHNATHAN C ROBERTS Mailing Address PO Box city State I 51-A HWY 24 Morehead City NC ZIP Phone No. 1 Phone No. 2 28657 252 - 247 - 7479 ext. ext. FAX No. Contractor # 252 247 4098 Street Address (if different from above) city State ZIP Email <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www. nccoasta I management. not Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3.'"'ProjecfLocation, County (can be multiple) Street Address State Rd. # CARTERET 381 BAYVIEW DRIVE 1419 Subdivision Name city State Zip HARKERS ISLAND NC 28531 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 247 - 7479 ext. 0279, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WHITE OAK EASTMOUTH BAY 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 69RE-39ti1dB- 13ack S-cmd —OVA 2/2ee 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. HARKERS ISLAND 4.=,Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 707 876980.39 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 20.13 acres, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) EL 1.50 ft ®NHW or ❑NWL e. Vegetation on tract II I coastal fringe h'5n WCCA yonn1,0- 7 f. Man-made features and uses now on tract Existing Marina House, wooded bulkhead, dock, septic g. Identify and describe the existing land uses adlacent to the proposed project site. Single Family homes and commercial boat basin h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Unzoned (Attach zoning compliance certificate, if applicable) ❑Yes ❑No RNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1.888-4RCOAST :: www. nccoasta l management. net Fdrm DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (1) 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. Septic tank and field o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. Combination of three sand filters 5 Act►vities and Impacts- a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑PrivatefCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Marina facilities with 300 dry slips and 50 wet slips for commercial use, existing marina house with fuel 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. Barge with excavator for removal of debris and to dredge, jet pump for pile setting, front end loader and dump truck for hauling off dredge spoil. Equipment to be store on existing gravel parking area. Spoils to be taken off -site. d. List all development activities you propose. Dock removal, dredging, shoreline cleanup. Construction of new bulkhead, floating docks, wet slips, dry stack facilities, and parking lot. The boat basin will have boardwalks as labeled on plans behind the bulkhead where the staging and wet slips are. 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? 7.89 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing sheet flow over grass and Proposed sand filters with filter overflows i. Will wastewater or stormwater be discharged into a wetland? ®Yes %No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 6., Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application:' Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Waters Edge of Macon City, LLC - -, Phone No. NA Address 432 Rocking Chair Lane, Franklin, NC 28734 Name Eugene O. Evans Phone No. NA Address 733 Governor's Road SE 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. NONE KNOWN h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by 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. /. Gerrincarton ana Yermisslon Lo tnrer on Lanfl I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify/Shat the information provided in this application is truthful to the best of my knowledge. Date /G/O� Print Name ,/6hnarh�rn �014r_A Signature i n 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 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.ne Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length 187Z_ 270' NA NA NA NA Vz6 Width _,4Q 120' 170' NA NA NA NA Avg. Existing SZ1lUV_V -3.6 NLW -3.2 NLW NA NA NA Depth Final Project -S-G�w -4.75 average -4.5 average NA NA. ': '9 NA Depth 1. EXCAVATION' .'D This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. silty sand 29,041.90 cy below NLW C. (i) Does the area to be excavated include coastal wetlands/marsh (CVv), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (VVL)? If any boxes are checked, provide the number of square feet affected. y7qg'Zcvv _9�E]SAV [:]S,3 gl14 E]VVL _ E]None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. NeRe proposed 10., 3 W/ 3 inleffrAHenft1aastffh7M=s, disris removal.- Canal &- basin ilideMIS 772'14L�J4 12.• DISPOSAL OF EXCAVATED MATERIAL.:.— 0 This section not applicable a. Location of disposal area. b. Dimensions of disposal area. II off site by licensed hauler with appropriate permitting WkAGWn dP_�r'41"0 of c. (I) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? E]Yes ®No []NA %Yes ONo ®NA (ii) If no, attach} a letter granting permission from the owner. (ii) if yes, where? prior -�o erCave.+Ion — P"t ,7,11 4�e d:x g/w;l ;0a ctfpro 0M a. (I) Does the disposal area include any coastal wetlands/marsh I. (i) Does the disposal include any area in the/water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), E]Yes ®No E]NA or other wetlands (VVL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area Is affected? [:ICW EISAV EISB OWL ®None (I!) Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12126/06 Forts DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION .- ❑This section not applicable -. „ (if development is:a. wood groin; use MP-4 —Structures) A Tvne of shoreline stabilization: b. Length: 2646 If ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: 1 If r r c. Average distance waterward of NHW or NWL: 84 O d. Maximum distance walerward of NHW or NWL: 41:11AW( O /_ e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 VINYL AND WOOD BULKHEAD months? Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. � / oar /r i'�L Pos�Ii moniirs 6 oCj,gna� c+6s a^ g. Number of square feet of fill to be placed below water level. h. Type of fill material. �" d Bulkhead backfll 265e-3Fd r Riprap_ SAN6-4--tn a(42d Breakwater/Sill— 77A.A9ther I. Source of fill material. APPREWEB SAP49 MINE j-(A a%s 4. OTHER FILL`ACTIVITIES r ®Thrs section not applicable ., - _ ' (Excludirig�Shorehne 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:k:: GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? excavated material will be hauled off immediately c. (1) Will navigational aids be required as a result of the project? d. [-]Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. Date ' Cape Lookout Marina Project Name suorneigeu aquauc veyerauvn torw/, bumi uvuvn, two, v, other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. MCW �SAV _ ❑SB ❑WL ' None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dmgline, backhoe, or hydraulic dredge)? backhoe, excavator, dump truck (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Johnathan,C Roberts (Agent Stroud Engirieering) Applic t e, Applicant Signature - 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. a. Type and number of buildings, facilities, units or structures proposed. Proposed Dry Stack Facility with 300 dry slips and 50 wet slips. Proposed 134 parking spaces with existing marina house r3�.�111��sr < c. Density (give the number of residential units and the units per acre). n/a e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? 31B/R'XYes ❑No ®NA (ii) If yes, list the date submnitted: 'I ' I-.r"yed 2CO3 d6'�44 g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking ` �3 89 �� j. Describe proposed method of sewage disposal. -NA' Prb0o5__1� 51Qi 1 0_� SA�r I I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). surface runoff from parkin area b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, - ditches, etc. 7.89 AC I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. existing parking area is stone, possibly asphalt in future h. Projects that require a CAMA Major Development Permit may also require a Stonnwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? Pes ❑No ®NA 11 If �1 (ii) If yes, list the date submitted: errdlru d�3 k. Have the facilities described in Item (I) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes [-]No ®NA If yes, attach appropriate documentation. 252-808-28082 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Fo;-M DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, n. community, public system, etc.) neae-prepoaed Harkaar �(cnd l"iunrc�par J J o. When was the lot(s) platted and recorded? MAY 14, 1974 (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA 252-808.2808:: 1-888-4RCOAST:: ynymnccoastalmanaaement.net revised: 12/26/06 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. a. (i) Is the docking facility/marina: ®Commercial ❑PubliclGovernment ❑Private/Community c. (1) Dock(s) and/or pier(s) (ii) Number 6(2 floating(A-B). 4 fixed(C-F)) S�L�I? (iii) Length A-402' B-309' C-30' D-30'g=4}6AF�388' (iv) Width A-5' B-5' C-5' D-5' L�6"F.5' (v) Floating ®Yes ®No '5011- g.Iai; e. (i) Are Platforms included? ❑Yes ®No If yes: (it) Number (iii) Length (iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 50 (ii) Number of slips existing 0 I. Check the proposed type of siting: ® Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: Existing marina requiring maintenance dredging k. Typical boat length: less than 30' average m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 75 ❑This section not applicable:' b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (it) Number 25 (iii) Length 20' (Iv)Width BD' 3.5� (v) Floating []Yes ®No f. (1) Are Boatlifts included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. I$j Full service, including travel lift and/or rail, repair or a y6 maintenance service ® Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 50(this protect) ® Dry storage; number of boats: 300 ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types capable of boating through channel, outboards typical I. (i) Will the facility be open to the general public? t4Yes ®No 56R 9LL96 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 For" DCM MP-4 (Structures, Page 2 of 4) 2: `DOCKING FACILITY/MARINA'OPERATIONS�. This section not applicable a. Check each of the following sanitaryfacilities that will be included in the proposed project. ® Office Toilets ® Toilets for patrons; Number: 2; Location: Bath House ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. ' / / E)CIA S and proposed sepT �tc nk and lle1d c. Describe the disposal of solid waste, fish offal and trash. Proposed dumpster on site d. How will overboard discharge of sewage from boats be controlled? "Pumpout Available" signs proposed e. (i) Give the location and number of "No Sewage Discharge" signs proposed. �✓1 n/a +L4o J cnlranees � MCtln dOG l< J tV- -'17J�_4 (ii) Give the location and number of "Pumpout Available" signs proposed. 4 see Mam feraeeatise GK a/aG f. Describe the special design, if applicable, for contains g industrial type pollutants, such as paint, sandblasting waste and petroleum products. NI IUoi-- allot eel �� ��7 G g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. None proposed I. Give the location of fuel -handling facilities, and describe the safety //measures planned to protect area water quality. neAe-prapossed So uT�r of and/cdaom�- 40 OVA 2oAe ,4 j. What will be the marina policy on overnight and live -aboard dockage? not allowed k. Describe design measures that promote boat basin flushing? gnadiny 6Sin 10 o/eeeou I. If this project is an expansion of an existing marina, what types of services are currently provided? none provided m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No 252-808-2808 :: 7.888.4RCOAST :: vvww.nccoastalmananement.net revised: 12/27106 Fbr6 DCM MP-4 (Structures, Page 3 of 4) a'y� h. Is the marina/docking facility proposed within o adacent o any shellfish harvesting area? o M(Yes ®No o.' Is the marina/docking facility proposed within or Qfacent to oastaVwetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (1NL)? If any boxes are —checked, provide the number of square feet affected. %)CW _ MSAV oA ❑SB OWL _ ®None _� p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3: BOATHOUSE (including covered fifts) - This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (if) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. GRO/N'(e g wood,° sheetpile, etc If a rock'gromuse MP 2 Excagabon and Fill) ?'®Thts section not applicable-' I a• (i) Number (ii) Length (iii) Width 5BREAKWATER (e.g 'wood, sheetpile;"etc.) ' '. ®Thts 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 Y[ ®This section not applicable a. Is the structure(s): []Commercial ❑PublictGovernment ❑Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaciement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian properqyy lines i 0 feet, existing slips outside riparian Wcst - 160 Ees4 - SGb Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 120 feet +/- e. (i) Will navigational aids be required as a result of the project? ❑Yes NNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 67 feet d. Water depth at waterward end of structure at NLW or NWL avq 4.5' NLW BOTHER NThis section not applicable a. Give complete description: 252-808.2808:: 1.888-4RCOAST :: v vv.nccoastalmanagement.net revised: 12/27/06 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director. Dee Freeman, Secretary April 14, 2011 Eugene and Claudia Evans 733 Governors Road SE Winnabow, NC 28479 Dear Mr. and Mrs. Evans: Thank you for your letter dated April 14, 2009 concerning the Coastal Area Management Act (CAMA) major permit request submitted by Cape Lookout Marina Inc., who has requested authorization to carry out development activities at 381 Bayview Drive in Carteret County. 'The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit No. 55-11 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (808) 252 2808, or by email at Jonathan.Howell@ncdenr.gov. Sincerely, Jonathan R. Howell Asst. Major Permits Coordinator 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252 808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper AMA &I A& North Carolina Department of Environment and Beverly Eaves Perdue Governor April 16, 2011 Cape Lookout Marina, Inc. c/o Ed & Bob Richards 1136 Manor View Court Lynchburg VA 24503 Dear Mr's. Richards: Division of Coastal Management James H. Gregson Director Natural Resources Dee Freeman Secretary 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. Please sign both the original (buff -colored form) and the Xerox stamped "Copy". 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. Please retain the original (buff -colored form), as it must be available on site when the project, is inspected for compliance. 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 if another qualified party submits a valid objection to the issuance'of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require 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 is 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. Sincerely, V. Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557-3421 7OnC /1' Phone: 252-808-28081 FAX: 252-247-3330 Internet: www nccoastalmanaoement.net j'XA`p�T�ty�171/G�2yfC0/�/11a An Equal Opportunity l Affirmative Action Employer ._�Jx NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary April 14, 2011 Cape Lookout Marina, Inc. Ed and Bob Richards 1136 Manor View Court Lynchburg, VA 24503 Dear Sirs: This letter is in response to your Major Permit request under the Coastal Area Management Act (LAMA) to carry out development activities at 381 Bayview Drive in Carteret County. Processing of the permit application was placed on hold in the Morehead City office on June 30, 2009. By way of this letter we are informing you that your application is no longer on hold and processing of the application will continue, and a permit action will take place as soon as possible: If you have any questionsconcerning these matters, please feel free to contact me by telephone (252-808-2808 ext. 211), fax (252-247-3330) or e-mail (Jonathan.Howell@ncdenr.gov). ZSincely, Jonathan R. Howell Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalrnanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper r "'This is a word processing form to be completed In Microsoft Word... NC Division of Coastal Management 14u Major Permit Application Computer Sheet (10/30/2006) LN -1 I60, 0 as complete" in Fill SITE DESCRIPTION INFORMATION 15 foot waiver�abtained: Lan class fn ❑yes [3� es ❑No (Secondary water classification - OPTIONAL choose MAX of 41 IMPACTED Rover Sure City county LUP: IEnvironments ssment Done: ❑Yes wmo - --- -• u 53 spicalatsaR or spike grass) Salicornia sp.(glasswort) ❑ Spartina cynosuroides(salt or giant reed Spartina patens(salUmeadow grass) ❑ Limonium sp.(sea lavender) grass) partina alternaflora(salt marsh Scirpus sp.(bullrush or threes uare cordgrass) 4 ) Cladium jamaicense(saw grass) (Corp. Applicant: Date: 1/3/2007 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Dimension 1 Dimension 2 Dimension 3 Dimension 4 New Work Replace Maint ❑ ❑ Y ❑ N New Work eplace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ N New Work Replace Maint ❑ N New Wo eplaSo- Maint ❑ j9'Y ❑ N f New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N / New Work Replace Maint ❑ ❑ Y ❑ N / New Work Replace �� Maint ❑ OY ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Main l ❑ ❑ N • New Work 110wo Replace Maint ❑ ❑ Y ❑ N M New Work 0 Replace Maint ❑ ❑ Y ❑ N ^� • ^/ New Work 0 Replace — / New Work 11 eplace • Main[ ❑ Y ❑ N New Work Replace Mart ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [:IN New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N revised 10/12/06 I, v ill Applicant: Date: 1/3/2007 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat Code Sheet. Habitat Name MAX Ttl Sq. Ft. (applied for, before any restor n.1 d- FINAL Sq. Ft. (once project completed, If restoration occurred Length (in feet) Drege Fill ❑ Both ❑ Other ❑ Ll YTIA g:702 Drege Fill ❑ Both ❑ Other ❑ Drege , ,_,) Other ❑ Drege h ❑ Other Dregeh ❑ er ❑Drege ❑h ❑ Other ❑Drege ?BothC] ❑ ❑ Other ❑Drege ❑ ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ Drege ❑ Fill ❑ Both ❑ Other ❑ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 0. PLY TO ATTENTION OF'. July 20, 2011 Regulatory Division Action ID No. SAW-2011-00912 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: RECEMM JUL 2 5 2011 DCM-MHD CITY Reference the application of Georgia Capital, LLC to redevelop an existing marina and subdivision including construction of a 76 slip marina with excavation of an upland basin, a 31 lot subdivision, an observation pier, and shoreline stabilization measures at the Harkers Island Marina and Subdivision located at 295 Guthrie Drive, adjacent to Westmouth Bay, in Harkers Island, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the U.S. Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, -2- relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 5. 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. 6. 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. 7. 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. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. 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. 10. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 11. Excavation will not exceed -4.0 feet below the elevation of mean low water. 12. 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. 13. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 14. Approval of the structure was based on determinations that there would be no obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway (AIWW), a possibility exists that the structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to nullify the navigational benefits on which the AIWW was justified. 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 normally to be expected in the AIWW. 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. GE 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 Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, at (910) 251-4634. Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 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. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Sincerely, 1 � David L. Timpy, Project Manager Wilmington Regulatory Field Office Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Becky Fox U.S. Environmental Protection Agency - Region 4 1307 Firefly Road Whittier, North Carolina 28789 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 -5- Mr. Roy Brownlow, Acting District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 4.T NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor June 12,2009 Cape Lookout Marina, Inc. c/o Ed Richards 1136 Manor View Court Lynchburg VA 24503 Dear Mr. Richards: Division of Coastal Management James H. Gregson Director Dee Freeman Secretary This letter is with reference to your application for a Coastal Area Management Act Major Development to undertake development activities on your property in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G:S. 113A- 122(c) which would make July 26, 2009, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncdenr.gov). Very sincerely, Doug Huggett Major Permits and Consistency Coordinator cc: District Office 400 Commerce Ave., Morehead City, NC 28557--3421 One Phone: 252-808-28081 FAX: 252.247-3330 Internet: www.nccoastalmanagement.net No th C,arolliin�a An Equal Opportunity\Affirmative Acfion Employer Aah rolly w Complete items 1, 2, and 3. Also complete item 4 R Restricted Delivery is desired. Print your name and address on the reverse:.. rpn that we can return the card to you. tach this card to the back of the mailplece, on the front If space permits. . Article Addressed to: aier's 1'J66 O¢ 11ncor, cl�j tic o-2 L1AC z X� /W—42-�A 0 Agent ❑ Addressee B. Received by (Pdnted e) I O. Date of Delivery D. Is delivery addrau Merent from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No . r iA ✓l n 1VC /? l 3. Service Type - 1 2 Oertifled Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mall ❑ O.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes ?. Article Number (Ransfer from service label) 7007 3020 0001 9680 3765 IS Form 3811, February 2004 Domestic Return Receipt lozss5-0ztn-Isao ` i t • h ■ 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 hack of the mailpiece, or on the front If space permits. 1. Article Addressed to: C-a5enc O 5vany 733 Gowe--nol-$ Rd sL 01 Agent B. Received by (Pdrded Name) I C. D. Is delivery address different from Item 17 't7'Ye: I YES, enter delivery address below: ❑ No �,lf+nnu �c✓� IVC 28 N 77 3 =Certtfied Mail 0 Eaprev Mall 0 Registered ❑ Return Receipt for Merchenoise ❑ insured Mali ❑ C.O.D. 4. Restricted Delivery? (ENra Fee) ❑ Yes 2. Arm"wnbw 7007 3020 0001 9680 3758 (7ians/er from service label) PS Form 3811, February 2004 Domesbc Ream Recelpt 1oz5e5a& 154e 'CERTIFIED MAIL., RECEIPT Lin .. t` 0 `° -n Postage $ $5.20 0557 D-' Cedllled Fee 03 $2.70 r-4 C3 Return Recelpt Fee Postmark Here $2.20 O (Endorsement Required) O O Restricted Delivery Fee (Endorsement Required) t0.00 $ $10.10 IL O Total Postage & Fees 04/07/2009 m o Sent To C)ait/ EJ;a Macon C iY LLG rl - - � e-A_ E W Nui --n arPOBoxAb. 430 Rock-rrS--Choir.-.Lc , ----- e_..._._ Iv ?873 il r,. Certified Mail larovidest • A mailing receipt ■ A unique Identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: Is Certified Mail may ONLY be combined with First -Class Mall or Priority Mall, is Certified Mail is notavailable for any class of International mall. Is NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mall. is For an additional fee, a Return Receipt maybe requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee, Endorse mailplece "Retum Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPSa postmark on your Certified Mall receipt is required. is For an additional fee, delivery may be restricted to the addressee or addressee's authorized appant. Advise the clerk or mark the mailpiece with the endorsement "RestrictedDeiivery". in If a postmark on the Certified Mail receipt is deslred, please present the artl- cle at the post office for postmarking. If a postmark on the Certified Mall receipt Is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. PS Form 3900, August 2006 (Reverse) PSN 7530-02-000P91W CO .. Ln r `"� UI o �f m .0 Postage $ I 07 $2.70 Certified Fee rq O Retum Receipt Fee Postmark Here S2.20 O (Endorsement Required) E edstricted Delivery Fee $0 n0 C3 ( n araement Required) ru €9.85 W07/2pp9 Total Postage 8 Fees ,$ m sent o oEugene O Evans ei, Abi-Nu-- -----------------------------------Q--,-J•I--------------------.-.-.--•--- wPO6cxNa. 733 Go evoors •V SE -------------- ------------------•---------------------------------------------------- Ciry, state, Z/Pia v 28 7 Certified Mail Provides • ■ A mailing receipt ■ A unique identifier for your mailplece IN A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maite or Priority Mail, ■ Certified Mail is not available for any class of international mail. is NO INSURANCE COVERAGE IS PROVIDED with Certified Mall. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt maybe requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3817) to the article and add applicable postage to cover the fee. Endorse mailplece "Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS9 postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant. Advise the clerk or mark the mailplece with the endorsement 'Restricted Delivery'. in If a postmark on the Certified Mall receipt is desired, please present the artl- cleat the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mall. IMPORTANT: Save this receipt and present It when making an Inquiry. PS Form 3600, August 2006 (Reverse) PSN 7530-02-000-9047 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary Date I Z I -z 3 I O B Name of Property Owner Applying for Permit: F Ric+}r+2fls ' CApE (_ooK-ou)- Mailing Address: llSG VAP�,,oR- �J\E-X-J C`V- y ik a4G-63 UEC 2 9 2008 Morehead City DCM I certify that 1 have authorized (agent) S TRe V ,D �-,�J r t �J EEAA wj G to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) M I`R %r.iA PER w. ter, N G at (my property located at) yol 94Q4F..4-5 lSu4ab N C This certification is valid thru (date) I t 31 io Property Owner Signature Iz-1 23 (og Date 400 Comrrwre Avenue, Aftreehead C ,,, Mar" C2m!iM oQt-- Phone: 252-808-28081 FAX: 252-247-33301 Intemet www.nocoastai�ntnet n,i F.w,d Cxmoriurriiv i Aiinrneiive ivziui Err�over —Tai°h R¢amled 1 ivie Wsi uemxner P� � Page 1 of I se Melanie Arthur Carteret /05/1yy RegN{E?�6 MA City DCM CS Date 03/OS/1999 TIie iSYMEfOf1 6 OR 0000849633 Pale 1 of E NORTH CAROLINA, CARTERET COUNTY 03/05/99 The foregpklg cerliflcale(s) of Noloey Public(s) is/are 11 $650,00 cerarrod to be correct. This instrument and this Z111coto n:.tt v . are duly reglotered at the data and nma N tJy$LI A t'� Real Eva!e end In the Book seal Page shown on thn first page henoL Gad It Excise Tax le Arthur, Re of Deed$ 1� excess Tax1050-Do ro..a. Tax Lot No. ..._ ..................................................... Parcel Identifier No.._��cerrrurvw... Verified by ............................._.._._..............._. ................................ _..:_... County on the ._....__—.. day of ..._...........__..._..._. .__ • .................... 19............ Bail after recording to ....... .......... ................... .._..._.. This inatramentwas Prepared by„L.O.Io097.___.___.._..,.N.............. 11.1... .............. ........ 297 Brief description for the index Lots 35-43 FarlDavfa ke=Y I ads Carteret Co. NORTH CAROUNA GENERAL WARRANTY DEED THIS DEED made this 3rd. ,__ day of GRANTOR ERNESTME V. BULLOCK, Willow 1599....., by and between GRANTEE RICHARDS HROTHIM, INC. 113b IY10.t�Or view C0_X_, Ly^GhFj'"rc�, VA ay503 Enter In app,opNal. bbae I.. psi p"I" name, nddnp, and. a sppreprlale, rho"Clor of muly. a; prasranso n p*tleenhip The designation Grantor and:Grantee as used herein ,hall Include said parties, their helm, successor*, and excises, and shell include singular, plural, masculine, feminine or neuter asrequiredby context. WITNESSETH, that the Grantor, for a valuable eanslderation paid by the Grantee, the receipt of which is hereby Acknowledged, has and by .these presents does grant, bargain, sell and convey unto the Grantee In its simple, all that certain tot or parcel of land situated in the City of., ......... ....._ . „ Harkere Ialand Township, Carteret .. , County, North Carolina and mom particularly desribed me follows: BEING located on the North side of Harken Island, bounded on the North by the waters of East Mouth Bay, on the South by N.C. State Road 1419, on the East by the lands of W. C. Walker and on the West by the lands of E. O. Eva=, Jr., being more particularly described by metes and bounds as follows: BEGINNING at a point in the northern right -of --way margin of N.C. State Road 1419. which point lies N 9-48 W, 32.27 feet from the point of intersection of the center line of N.C. State Road 1419, and runs thence N 31-29 E, 1385.0 feet to the mean high water mark of East Mouth Bay; thence in a generally eastward direction along and with said mean high water mark to a point which lies the following courses and distances from the previous point above mentioned; S 58-20 E, 240 feet. S 49.01 E. 465.16 feet to anoint: mmnino thr't c 11-?o w http://nc-carteret-recorder.govemmax.com/recordmax/Roverpocuments119900982985P-1... 12/23/2008 4, M Page 1 of 1 ITO :)rot X 5t 1 r Dti, v :� coon Wrehedo �r� ,.,�.� M The property hersinabove described was acquired by Granter by instrument recorded la .IIook _646a,. Page,_}b,;a„_. CayC.RK.Rt.. Cou11tY..1S4giatEY... ....................................... A map showing the above described property Is recorded fn Plat Book .....-11......................... pact ...... 3..9........... . To HAVE AND TO $OLD the aforesaid lot or parcel of land and all privileged and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor Is seized of the premised In fee simple. had the right to convey the same in foe dmple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions beninafter stated. Title to the property bereinabove described Is subject to the following exceptkms: 1. Carteret County ad valorem taxes for 1999 and subsequent years. 2. Right -of -Way of SR 1419. 3. Easements and restrictions of record. 4. All matters which would be revealed by a visual inspection of the property or an accurate Survey of the same. 5s Compliance With building, zoning and environmental regulations and codes. 111 w1TMasa waaaaor, the Orsar, ha bra .a !d. sod .aa pat. At N wep.nr. ta taYbd ens m.erm.nt a ...4.+e 1. Ha h=: NU-r by u- ens u1NrW apym ui Wens 1 N aw•ut.. as by wn.tlu.//1//1114g nu.e •r u�r.cteta, u. w .4 r... W., ......................................—__—.._._.........----- Y..—_.................0.L.) tcgs..hrxAmelIc a Ernestine V. Bullock Mr. ......... _....... ° �....... ._.._..................... ..:..................... (Suns _......................... Tnxem i•1��• A.. exit �.t - ft................ »........ .................... ..—.._.__..—licwW ..............«..... ............................. .......... in ........... ................. sweatjg tc.near $ad) m �at0Pnnitryy. P J` q MONTH CAROLWA. _:r.i-Q .... ._+n:—`..._•.- a pr. IVAR 9 ? s.. xe4a.y r.hu..e ea. Caaaty w Stabs wree,....ter tta.A .ENiFe4�.Y... ESIW OI K..._--.-- t< R � _..— ..........................naft W 7 C) ? N e....a.IV gearN hetoA aa. rr h) Add nka.al.Qad na aH.ten.a of r• ae•dYrr lu6ama.x wlh.uw sty phand nt Nn.rl arms at oat /Ma dW et __..__.. —1 -'I °I t.en a-a-��. C1t� e q h 'ry CO\SH a,••, srr e.mmrer...ntn.:.. ..... — ....•_....... _ r . lf.datl VMS, S"1,STAxr NORTR CARONNA........ ... ......................Caaaty. .. t, A N.tar rahns at A. COMMY 4.4 sub AfaA.ar, army teat .............................. ............ yaAMA111 caw. bend ma Shia day And aeha"I.end Out .... k. r..— ..... .................. ... ra..r a ..--- .........--- _--- .__...._.---- _______ _...•----_. Nana Caner. orrwatr.. 0.4 "'Al by Atao,ky t.y der.. dad .01 act a th. ea.aaataq ma rants matr.m.at au 04444 to ns aim. 4r tt...............r. rnara.a snails with r4 Mpef,ta dal ms engrd by ____—... _. u it ........................... daarsrey. wired -Y boat ..a atnelaa .r.as or aw' law .......fay at .......... i - Aty e.mn.hp•a aaaO.c............. ............ ................... ............ ............. — Water/ tons It- l.veralar C.rHflaad4 •t http://nc-carteret-recorder.governmax.com/recordmax/Roverpocuments/019900982985P-... 12/23/2008 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Cape Lookout Marina Inc., c/* Ed & Bob Richards County: Carteret LOCATION OF PROJECT: 381 Bayview Drive, on the North side of Harkers Island, adjacent to Eastmouth Bay DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2/26/09 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO FIELD REPRESENTATIVE: Heather Styron DISTRICT MANAGER REVIEW: Tere Barrett B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 4/8/09 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNE TO: I I C) 75 DAY DEADLINE: ( U MAIL OUT DATE: 4/7/09 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: YES DISTRICT OFFICE: Morehead City FEE RECD: 475.00 60/40 END OF NOTICE DATE: 4/28/09 DEED RECD: Yes ON: LD�j 150 - DAY DEADLINE:: STATE DUE DATE: FED COMMENTS RECD: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative I/ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section 11-92-oQ ✓ �t1 Division of Water Quality 6-q- OCj ✓ Storm Water Management (DWQ) State Property Office-1$-orj Division of Archives & History 418 05 Division of Environmental Health (-aS-O� ✓ Division of Highways I{ ZD-o'I ✓ J)rt c Qq. Wildlife Resources Commission d-0`I l qN Local Permit Office H- -7 -oh ✓ Division of Marine Fisheries j-��-6q ✓ ahrNave}3 Corps of Engineers Pws y-i�-o9 ✓ r " PIMA MUM North Carolina Department of Environment and Natural Resources JUN U `uG Division of Water Quality DC� Beverly Eaves Perdue Coleen H. Sullins mor' Dee Freema Governor Director Secretary June 4, 2009 J % DWQ Project # 03 1401 V2 A C AM A PER ffteret County Cape Lookout Marina, Inc. n1r11 1 Attn: Ed Richards 1136 Manor View Ct Lynchburg, VA 24503 Subject Property: Cape Lookout Marina, Harkers Island Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Richards: You have our approval, in accordance with the attached conditions and those listed below, to demolish an existing dock and bulkhead, construct a 51-slip marina, drystack storage, bulkhead and maintenance dredge and widen existing basin and canal and associated amenities, as described within your CAMA application dated April 7, 2009 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on April 13, 2009. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3642 (GC 3642). This Certification can also be found on line at: httn://li2o.enr.state.nc.us/ncwetlands/certs.htrnl. The Certifications allows you to use the CAMA Major Permit when issued by the Division of Coastal Management. hi addition, 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 or CAMA Permit. 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 on the following pages. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwateraualitv.ora One NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer 50%, Recycled/10% Post Consumer Paper Customer Service 1-877-623-6748 It Page Two Cape Lookout Marina, Inc. Attn: Ed Richards DWQ Project # 03 1401 V2 June 4, 2009 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Open Waters Proposed Dredging Footprint (Shallow bottom) Dredged 3.624 acres (157, 860 sq ft) Sheet # 4 of 7 (in file) Coastal Wetlands Proposed Dredging Footprint Low Marsh 0.0659 acres (2,870 sq ft) Sheet # 4 of 7 (in file) High Marsh 0.0443 acres (1,928 sq ft) 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213..0200. Appropriate sediment and erosion control practices must be used to meet this standard. Please notify DWO WANY turbidity issues arise during this protect Page Three Cape Lookout Marina, Inc. Attn: Ed Richards DWQ Project # 03 1401 V2 June 4, 2009 4. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 5. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 6. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the State Stormwater section in the Wilmington Regional Office at 127 Cardinal drive Extension, Wilmington, NC 28405 within 60 days of the issuance of the 401 Water Quality Certification. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater management plan must include construction plans, specifications, stormwater BMP worksheets, and supporting calculations. The stormwater best management -practices are required to be appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented.. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 7. .Marina Projects Any marina project that proposes to dispense or store fuel, adhere to an EPA approved Spill Prevention Control and Countermeasure (SPCC) plan. AP � 21 TJO9 4:07PM CARTERET CO PLANNING DEPT No.0060 P. 2 Carteret County Department of Planning and Development Main Office: Western Office: 30ti Courthouse Square 701 Cedar Paint Blvd, Beaufort, NC 28516-1896 Cedar Point, NC 28584-8013 Katrina F. Marshall, AICP Tel: (252) 728-8497or 728-8545 Tel: (252) 393-3204 Director Fax: (252) 72H643 Fax: (252) 393-3205 Date: July 20, 2008 To: Doug Huggett, Major Permits Processing Coordinator From. Jim Jennings, AICP - Assistant Planning Directory try Carteret County Department of Planning and De��elo ent Subject: CAMA/Dredge & Fill Permit Application Review Applicant: Cape Lookout Marina, Inc. Project 38113ayview Drive, adjacent to Eastmouth Bay in Harkers Island, Newport, NC. Location: (PIN 0733516830279000) Proposed Demolition of existing dock and bulkhead, construction of a marina to accommodate 50 new Project: slips and 1 existing, on the east side of the basin, a 300-slip drystack storage facility, a new bulkhead, maintenance excavation and widening of the basin and canal, staging area, and upland development. Comments on the Proposed Project: 1. This project does not comply with the Limited Transition/Conservation Land Use, as described in the 1999 Land Use Plan, The Conservation classification policies clearly state that Carteret County opposes marina construction or expansion in coastal wetlands. 2. The Conservation classification states: "When marina associated dredging through coastal wetlands is essential for access to upland marinas, the county requires the replacement of lost wetland areas with mitigation at a 1:1 ratio." 3. Parking areas shall be set back from the shoreline 75' or 20% of the depth of the lot, whichever is less. 4. This project is unzoned and a boat ramp, drystack boat storage, finger piers, and bulkheads are permitted. 5. Down East Conservation Ordinance (DECO) applies. The proposed project is a commercial project; therefore, buffering and screening are required per DECO. 6. The proposed storage building, bath house, and drystack building encroach into the 20' DLCO buffer and will require a variance from the Planning Commission to encroach into this buffer. 7. If the existing single-family residence is intended to be used for public/commercial use, it must be brought up to Building Code specifications. 8. The Carteret County Planning and Development Department cannot approve this project until all Ordinance and Building Code issues have been satisfactorily addressed, Please contact me if you have any questions.