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HomeMy WebLinkAbout100-16 NC Seafood Industrial Park Authority - WancheseClass - 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 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 100-16 .Issued to N.C. Seafood Industrial Park Authority-Wanchese PO Box 540 Wanchese NC 27981 Autfiorizing development in Dare County at adjacent to Broad Creek off Lot 10 Harbor Road as requested in the permittee's application dated 3/9/16 (MP-1) and 2/18/16 (MP-4), This'permit, issued on November 22, 2016 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Facility The construction and/or operation of the authorized manna facility 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. ;2)• " . In order to protect juvenile shrimp and finfish populations, no in -water work shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. (See attached sheets for Additional Conditions) action may be appealed by the permittee or other ms within twenty (20) days of the issuing date. "i'This 'permit must be accessible on -site to Department personnel when the project is inspected for compliance. 'Any -maintenance work or project modification not covered hereunder requires further Division approval. - "All work must cease when the permit expires on December 31, 2019 n issuing this permit, the State of North Carolina agrees that ir_,,project is consistent with the North Carolina Coastal nagement Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxtont. Davis, Director Division of.Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Seafood Industrial Park Permit No. 100=16 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes the construction a walkway, a fixed pier, finger piers, and a breakwater, 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. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) Any portion of the permitted access pier and marina 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. 6) This permit authorizes a maximum of twenty-eight (28) formalized boat slips. 7) The marina facility shall display a sign showing the location of the Seafood Industrial Park's pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 8) 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 structures in order to make it more visible during hours of darkness or inclement weather. 9) The authorized structures and associated activity shall not cause an unacceptable interference with navigation. Breakwater 10) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The breakwater shall have at least one, five foot opening at every 100 feet. The breakwater sections may be staggered and overlap as long as the five foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 11) The permitted breakwater shall be constructed of treated wood, plastic lumber, metal sheet piles or other suitable materials approved by Department personnel. General 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. - NC�Seafoo'd Industrial Park Permit No. 100-16 Page 3 of 3 ADDITIONAL CONDITIONS 13) 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. 1'114); No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 15),'` 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. 16) 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. 17) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project and assigned SAW 2016- 00821. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 16-0352. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. N DIVISION OF COASTAL MANAGEMENT Application Processing Notes Type: (check all that apply) New Major Mod_ Permit#_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Represe PateZTime Message 3131�J� MP�i w( D to d�u Sl{ssh tlug�n�z canrux�. 3 3131 f i� �eee;�v�cf vwtts S*V19 VWA on 8/,n/17 �nm S1ac e P(Ca d M aownf WU ,,,Wlq i,501/s W/ �(lfis�i � ve Pv!t ' : - (( �YUA.+v ul - c ovwYm S�S0. a v tto f ek%i9 n c, ( r}10�j 5/2o&t > V� S1na 11�51n vlicar-��a`%L 06]UI 4(2a�1� a ,r 4hie tv ctiu ll u a4wre — rd4t L�r 0 13° � � S � d ,Edd%hav►ul � fi� use ivtubi S J/ /� (not cv>�(uA+ g�cl�l� - �nndnl �roY� ikiM� lln 1Aw'-E WA beep e3�.1/ I LJL e4vLmUd V\J.W LAt�� DCM- (,titij t a Dl, ' hShQa'�el (�3�trc� SpP�ial1�1 Owl, WKC , wind (As Nx far c orn W&Vv s Ito (Jaermuy\j-i� " JA 1 fDr WT �� IA. U �-M " IV ,-Yo*pw 40,�,Mw,m 4q 3OS'A Yrrl7 "n'0 - nl b pa � �-�otiu axrM (a��" -��� �,sc►1ti, Hsi} OVL5 m6wi fin ? 1 w- HsliN► JV 0 pJIlaJ �//h/b DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N.C. Seafood Industrial Park Authority-Wanchese Broad Creek Pier System and Breakwater Applicant 1: First Name MI Last Name Bob Peels; Director Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 549 Wanchese NC ZIP Country Phone No. FAX No. 27981 USA 252.473.5867 ext. 252.473.6139 Street Address (if different from above) City State ZIP 615 Harbor Road Wanchese NC 27981- Email bpeele 0 nocommerce.com 2. Agent/Contractor Information Business Name Ouible & Associates, P.C. AgenU Contractor 1: First Name MI Last Name Brian D Rubino AgenU Contractor 2: First Name MI Last Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. — ext. FAX No. Contractor # Street Address (d dderent from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email brubino0quible.com <Form continues on back> RECEIVED MAR 2 4 2016 252-808-2808 :: 1-888.4RCOAST :: www.necoastal tRq/ecWn" I MITV Received , c� Lot 6- Broad Creek Pier System & Breakwater r ' aplg Wanchese Seafood Industrial Park CAMA Major- Project Narrative 2/18/2016 DCM-EC Existing Conditions The site is a 2.99 acre (130,052 sq. ft.) parcel of land located along Harbor Road and owned by the N.C. Seafood Industrial Park Authority (Seafood Park) in Wanchese, Dare County, North Carolina. The parcel of land (Lot 6) is located adjacent to the Roanoke Sound (Broad Creek). The upland portion of the property is dominantly covered with maintained grasses, a gravel road and metal buildings. Hathaway Marine Inc. is located in a small gray metal building on the water ward end of lot 6. Joe's Marine Service is leasing a fenced gravel boat storage area at the front of lot 6 along Harbor Road. A fenced -in dry infiltration basin of maintained grass separates the two businesses and covers the majority of lot 6. There are currently marina related structures on lot 12 (to the south of lot 6) in place including a fixed pier with 28 slips and 2 boat lifts, another fixed pier without slips, a pile -supported breakwater structure and a small floating pier adjacent to the breakwater. Two concrete boat ramps are.also on site with the existing marina facilities. The existing pier and slips were permitted under CAMA Major 90-02 and this is referred to as Umphlett Marina. In 2013, after the expiration of 90-02, a new permit for Umphlett Marina reconfiguration was issued (CAMA Major 46-13). This permit reduced the total number of slips from 28 to 10. The larger concrete ramp and unbuilt pier system was permitted under CAMA Major 140-03. In 2013, a modification was issued to 140-03 to include the ramp. Also in 2013, another modification was issued to Bailey Marina to reconfigure the permitted mooring arrangement on the permitted (unbuilt) pier. This constituted a reduction from 26 to 6 total slips. To date, the finger pier removal and upgrades to Umphlett Marina have not occurred, but this work will occur at sometime within the life of the permit. The pier at Bailey Marina will aslo be constructed at some point prior to the expiration of the CAMA Major. All existing conditions are depicted on the CAMA Plan. Proposed Work Currently proposed work requiring CAMA permitting includes construction of an 8ft x 2,038 LF fixed pier with fourteen 611 x 20ft finger piers. The pier is proposed to begin on lot 6, and extend out into Broad Creek in a southeasterly direction and turn southward. The proposed pier is to contain twenty-nine 20ft by 60ft boat slips with finger piers and tie pilings dividing the slips. All slips are designed to be within the shellfish closure limits. Adjacent to the proposed pier, a 1,812 LF breakwater is proposed on the water ward side of the pier. The breakwater is to begin at the NW L and terminate at the end of the proposed pier. Some minor modifications to the original proposed design have taken place and are represented here, based on discussions with resource agencies. An interagency scoping meeting held at the WARO to discuss this project on 8/27/15. Need The Seafood Park currently contains several boat building operations and the Park has been catering to the new potential tenants, including boat builders and charter fleets. This pier will enable expansion of these services. Additionally, this shoreline has experienced consistent erosion over the years. The proposed slotted breakwater will serve to dampen wave energy that has washed out coastal marsh along the shoreline, and this breakwater will provide a safe mooring area for tenants. RECEIVF,D MAR 2 4 2016 DIM MHD Ci_, Form DCM MP-1 (Page 2 of 4) ReceiveQ APPLICATION for Major Development Permit C5 3. Project Location County (can be multiple) Street Address State Rd. # Dare Harbor Road 1140 Subdivision Name City State Zip Wanchese Seafood Industrial Park Wanchese NC 27981 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 473 - 5867 ext. Lot 6, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Broad Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Wanchese Industrial Seafood Park (NC SIPA) 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 538 ft Seafood Park: 54 acres (2,352,223 sf) / Lot 6: 2.99 acres (130,052 sf) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Lot 6: 130,052 sf, NW L (normal water level) (If many lot sizes, please attach additional page with a list) 9' ❑NHW or ®NWL e. Vegetation on tract Uplands on site are mostly maintained grasses with areas of gravel and concrete. Wetlands along the shoreline contain Phragmites, wax myrtle, groundsel bush, black needle rush and smooth cordgrass. I. Man-made features and uses now on tract Hathaway Marine Inc. is located in a small gray metal building on the water ward end of lot 6 and Joe's Marine Service is leasing a fenced gravel boat storage area at the front of lot 6 along Harbor Road. A fenced -in dry infiltration basin of maintained grass separates the two businesses and covers a large portion of lot 6. On the North side of the property is a metal building associated with a wasterwater facility for the Industrial park that is currently not in use. g. Identify and describe the existing land uses adlacen to the proposed project site. Boat building operations and boat ramp h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Wanchese Seafood Industrial Park Zone (Attach zoning compliance certificate, If applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> MAR 2 4 2016 252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagiAimr .n - Y Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit Received m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No(III) If yes to either (1) or (ii) above, has a delineation been conducted? DCM-EC ❑yes ®No (Attach documentation, !/available) n. Describe existing wastewater treatment facilities. Wastewater is treated in approved on -site wastewater treatment systems consisting of septic tanks and drain fields. o. Describe existing drinking water supply source. Drinking water is provided by Dare County Water Distribution System p. Describe existing storm water management or treatment systems. The Wanchese Seafood Industrial Park utilizes an existing and permitted stormwater treatment system that combines an engineered system of swales and infiltration basins. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed slips will provide docking facilities for commercial fishing vessels. Daily operation will be consistent with the current facility operation. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Vibrating hammer and barge; equipment to be stored onsite d. List all development activities you propose. Construction of an 8' wide by 2,038 LF long fixed pier with twenty-nine 20' x 60' boat slips with 6' x 20' finger piers dividing the porposed slips. All proposed slips are within the shellfish closure limits. In addition, a 1,812 LF breakwater is proposed to be constructed on the waterward side of the proposed pier, beginning at the NWL and terminating at the pier's end. All of the proposed activities are shown on the enclosed site plan. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? NA ❑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. The Wanchese Seafood Industrial Park manages stormwater through a system of permitted and approved swales and stormwater infiltration basins. 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> RECEIVED MAR 2 4 2016 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net DCM- MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 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-seclional 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. I. 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 Etheridge Family Properties, LLC Phone No. Address PO Box 69 Wanchese NO 27981 Name Willie E. Daniels Jr Phone No. Address 3652 Mill Landing Rd Wanchese, NO 27981 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. Blanket DWO SWMP SW7000323 8/29/2000 h. Signed consultant or agent authorization forth, 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. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Received Date Print Name BOB PEELE 3� g1201 b Signature Please indicate application attachments pertaining to your proposed project. DCM-EC ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information MAR 2 4 2016 DCM- MHD CITY 252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Received Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) FEB 2 r. 21-16 DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/madna: ®Commercial ❑Public/Govemment ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pler(s) d. (!)Are Finger Piers included? ®Yes []No ill) Number 1 If yes: (ill) Length 2,038 LF (ii) Number 14 (iv) Width 8 It (ill) Length 20 ft (v) Floating []Yes ®No (iv) Width 6 ft (v) Floating []Yes ®No e. (i) Are Platforms Included? []Yes ®No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ill Number (ii) Number (iii) Length (ill) Length (iv) Width (iv) Width _ (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 29 ❑ Full service, including travel lift and/or rail, repair or (il) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 29 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 50 ft m. (1) Will the facility have tie pilings? ®Yes []No (ii) If yes number of to pilings? 28 ). Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Sailboats and Charter Boats I. (1) Will the facilitryy be open to the general public? []Yes IHNo RECEIVED MAR 2 4 2016 252.808.28oe::1-88e-4RC0AST:: www.nccoastaimanagement.net DCM_ MHFIvetfarl"127/06 Fbrm ®CM MP-4 (Structures, Page 2 of 4) 63 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included In the proposed project. deceived [I Office Toilets ❑ Toilets for patrons; Number: _; Location: FE:g 2 2 701 ❑ Showers S ® Boatholding tank pumpout; Give type and location: Mobile pump and haul pumpout station DCM-EC b. Describe treatment type and disposal location for all sanitary wastewater. All sanitary wastewater is disposed of using existing and permitted on -site septic tanks and drain fields. c. Describe the disposal of solid waste, fish offal and trash. All solid waste, fish offal and trash is disposed of using the Seafood Industrial Park trash cans and dumpsters. The Seafood Park disposes of all solid waste according to applicable regulations. d. How will overboard discharge of sewage from boats be controlled? Existing sewage pump -out facilities in the Seafood Park will be made available to all patrons. The existing sewage pump -out system is pump and haul. There is no overboard sewage dumping from vessels allowed. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of "Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? No vessel maintenance will be conducted on site. h. Give the number of channel markers and "No Wake" signs proposed. N/A -Existing federal channel markers to be observed I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard or overnight dockage is allowed. k. Describe design measures that promote boat basin flushing? N/A open water I. If this project is an expansion of an existing marina, what types of services are currently provided? R E C E I V F D MAR 2 4 mi; DCM- Mho 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form ®CM MP-4 (Structures, Page 3 of a) Received m. Is the marina/docking facility proposed within a primary or secondary nursery area? FEB 2 2 210' []Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DCMC ®Yes [-]No o. Is the marina/docking facility proposed within or adjacent to coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW ❑SAV ❑SB OWL ❑None 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. NA 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (III) Length _ IN) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. Yf a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length 1,812 LF 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 ❑Public/Government ❑Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing RLECEWED 7. GENERAL MAR 2 4 2016 252-808-2808 :: 1.888.4RC®AST :: www.nccoastalmanagement.net : 12/27/06 F,brm [ACM MP-4 (structures, Page 4 of 4) C' a. Proximity of structure(s) to adjacent riparian property lines There are no established adjacent riparian property lines in the Wanchese Seafood Park Harbor. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 8,570 ft e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 597 it d. Water depth at waterward end of structure at NLW or NWL 4.50' 8. OTHER ® This section not applicable a. Give complete description: Under 7 b. the proximity was determined by measureing from a georeferenced aerial photo. i8l2ot to Date 3-ropol Creek FFer &Aglty. o,.A O(r4k,,w r Project Name Al C fern{&&- ke\JIAJ�6,1 , lark A t'llrloi-Jy A scant NameQr,c� 0 rt�pj:n o , A9tn-t 0Z/el t Q tb\c )t AJJoc.. P. C . Applicant Signature Received FEB 2220.5 DCM-EC RECEIVED MAR 2 4 2016 DCM- MHD "C:TY 252.808-2808 :: 1.888.411COAM: w .nccoastalmanaaement.net revised: 12/27/06 DCM Coordinator: 0 1 1/ C S Permit /b Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: DEMLR: Washington: Wilmington: Wildlife Resources: LPO: MAILING DISTRIBUTION SHEET -y (wit i�'revis�wer•1 s) Raleigh Bland Josh Pelletier William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley Liz Hair Renee Gledhill -Early or (environmental.review@ncdcr.gov) Heidi Cox (WIRO) Joey White (WAROV Shane Staples Gregg Bodnar Ben Hughes ./ / Shannon Jenkins v Tim Walton v Karen Higgins (Raleigh) John Hennessy (NC DOT) / Anthony Scarbraugh — 401 Robb Mairs — 401 Chad Coburn - 401 / Scott Vinson - Stormwater, Georgette Scott - Stormwater Maria Dunn Fax Distribution: Permitee #: Agent #:_ Coastal Management ENVIRONMENTAL OUALITV November 22, 2016 N.C. Seafood Industrial Park Authority P.O. Box 540 Wanchese, N.C. 27981 Dear Sir or Madam: PAT MCCRORY Gmernnr DONALD R. VAN DER VAART secremry 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, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T Huggett, Doug From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Sent: Monday, November 21, 2016 10:03 AM To: Huggett, Doug Cc: Bland, Raleigh W CIV CESAW CESAD (US) Subject: FW: Attachments: Broad Creek Pier CL 31.doc Doug, That's great news about Courtney, and please give her our best. Attached is the authorization for the seafood industrial park I sent to her last Wednesday. Let me know if you have any questions. Thanks! -----Original Message ----- From: Pelletier, Josh R CIV CESAW CESAD (US) Sent: Wednesday, November 16, 2016 10:21 AM To: 'Spears, Courtney' <courtney.spears@ncdenr.gov> Subject: Mr. Huggett, The U.S. Army Corps of Engineers, Wilmington District has authorized Mr. Bob Peele of NC Seafood Industrial Park Authority to construct a 8ft x 226ft walkway over wetlands to an 8ft x 1,812ft pier with 29 associated boat slips, and a 1,812ft breakwater attached to the pier, in Broad Creek, on Lot 6 Harbor Road, in Wanchese, Dare County, North Carolina. This authorization was issued via Programmatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All terms and conditions of this permit apply. Please attach the following SPECIAL conditions in this permit. All work authorized by this permit must preformed in strict compliance with the attached plans, which are a part of this permit. Any modification of these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. If you have any questions or concerns please let me know! Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Fax: (252) 975-1399 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/P*p=136:4:0 Thank you for taking the time to visit this site and complete the survey. November 16, 2016 Regulatory Division Action ID No. SAW-2016-00821 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. Bob Peele construct a 8ft x 226ft walkway over wetlands to an 8ft x 1,812ft pier with 29 associated boat slips, and a 1,81211 breakwater attached to the pier, in Broad Creek, on Lot 6 Harbor Road, in Wanchese, Dare 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 US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or / if, in the opinion of the Secretary of the Army or his authorized representative, said structure or J work shall cause unreasonable obstruction to the free navigation of the'navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this 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. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right 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. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Roy Brownlow, District Manager Morehead City Field Office North Carolina Division of Coastal Management 1 2. i 9 IVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: NC Seafood Industrial Park Authority- Wanchese; Broad Creek Pier LOCATION OF PROJECT SITE: Harbor Rd, Wanchese, Dare County on Broad Creek Photo Index — 2006: 183-7197(R,8) 2000: 183-2132(H,7) State Plane Coordinates - X: 3000555 Y: 778972 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — Feb. 23, 2016 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete — March 11, 2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved: ES, EW, PTA, PTS (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing —onsite system Planned - none (F) Type of Structures: Existing — commercial metal building, gravel boat storage area, stormwater infiltration basin, unused metal building associated with a wastewater system Planned — pier over wetlands, fixed pier, boatslips, breakwater (G) Estimated Annual Rate of Erosion: 2-3 ft Source - applicant 7. HABITAT DESCRIPTION: [AREA] nRFnr?Fn FILLED OTHER (A) Estuarine Shoreline (B) EW, PTA 17,976 sq ft shaded 1,808 sq ft (C) Coastal Wetlands (shaded) (D) Total Area Disturbed: 19,784 sq ft (E) Primary Nursery Area: no (F) Water Classification: SA Open: yes/no RECEIVED MAR 2 4 2016 DCM- MHD CI T Y Field Investigation Report / 1 Page 2 8. PROJECT SUMMARY: The applicant proposes to construct an 8 ft by 226 ft walkway over wetlands to an 8 ft by 1,812 ft pier with 29 boatslips and a 1,812 ft breakwater attached to the pier. Project Setting The site of the proposed development is on Lot 6 Harbor Rd, off of Mill Landing Rd (NC 345) within the village of Wanchese in Dare County. The site is within existing seafood industrial park and is adjacent to Broad Creek that connects to the Roanoke Sound. Elevation of the tract is approximately 6 ft above normal water level. The high ground areas are vegetated with typical lawn grasses and the wetland area adjacent to the creek is vegetated with Spar ina Alterniflora, Juncus Roemerianus, and Typha. Existing structures on the property include a commercial metal building, a fenced in stormwater infiltration basin, a fenced in gravel boat storage area, and an unused metal building that is associated with a wastewater system. Adjacent properties are also developed with commercial marine structures. The waters of Broad Creek along the area of the applicant's property range from 31h ft to 5 ft deep and are classified as SA waters by the Division of Environmental Management. The waters immediately adjacent to Lot 6 are open to shellfish harvesting and they transition to closed approximately 900 ft eastward of the lot location. There are no known archeological sites associated with the applicant's property. Development Proposal The applicant proposes to construct an 8 ft wide by 226 ft long walkway over wetlands leading to an 8 ft by 1,812 ft fixed pier. The pier would begin on Lot 6 of the seafood industrial park and extend out approximately 180 ft then make a sharp turn to the right and extend another 1,384 ft and then make another 90 degree turn to the right for 248 ft. The pier would be constructed waterward of lots marked on the submitted plat as Leaseholds 7- 13. The proposed pier would have fourteen 6 ft by 20 ft finger piers creating twenty-nine 20 ft by 60 ft boatslips. The boatslips would be located on the portion of the pier that is within the shellfish closure area. The applicant would also construct a 1,812 ft breakwater attached to the waterward side of the pier. This breakwater would dampen the wave energy for the moored vessels and also lessen or slow the erosion along the shoreline. As previously mentioned this proposed pier structure would be constructed waterward of several other lots also owned by the NC Seafood Industrial Park. There are permitted marina structures on these lots. Lot 12 has a fixed pier with 28 boatslips and 2 boat lifts, another fixed pier without slips, and a breakwater structure and small floating pier adjacent to the breakwater. There are also 2 concrete boatramps located on this property. These r structures were permitted under CAMA Major #90-02 Umphlett Marina. A modification has N been issued to the permittee to reconfigure the existing structure to reduce the number of U slips from 28 to 10 however this modification has not been built. Also CAMA Major #140-03 J was issued for the construction of another pier and breakwater and 6 slips under Bailey T. Marina adjacent to Lot 13. These structures have not been built yet but are still planned. ! 9 2 The newly proposed pier structure would maintain a minimum distance of 140 ft from the Ifpermitted and existing marina structures. 0 0 r a Field Investigation Report Page 3 Anticipated Impacts The proposed project would shade 1,808 sq ft of coastal wetlands, 14,496 sq ft of Public Trust Area, Estuarine Waters Areas of Environmental Concern with the pier, finger piers, and walkway. The added 29 boatslips would shade 3,480 sq ft of Public Trust Area, Estuarine Waters Areas of Environmental Concern. Temporary water turbidity would occur in the project area during construction. Kelly Russell March 17, 2016 RECEIVED MAR 2 4 2016 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: NC Seafood Industrial Park Authority (Broad Creek Pier System & Breakwater) County: Dare LOCATION OF PROJECT: off Harbor Road, Broad Creek, in Wanchese DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: _ A Uo4 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Kelly Russell DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: t Date: 3 & /)6 B) DATE RECEIVED BY MAJOR PERMITS UNIT: T J[ IP FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 03/27/16 END OF NOTICE DATE: Comments due: 04/16/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: `5P n.r�. ON: 'S C) 75 DAY DEADLINE: 05/25/16 MAIL OUT DATE: Circulation: 03/21/16 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 04/11/16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative trm WIQ W (N I�I Coastal Management - LUP Consistency �j l cY, delk Division of Community Assistance X Land Quality Section--DEMLR DWR/DWQ— Aquifer Protection 4j Y, V , DWR/DWQ - Storm Water DWR— PublicWaterSupply X AOGONn.tMAN1t-- State Property Office Division of Archives & History —Cultural Res. )( Division of Env. Health —Shellfish Sanitation ifpo+utt StwN f�A Division of Highways --DOT M ble UNA Wildlife Resources Commission 10114 14 ho Ob) Molm aogzww Local Permit Office/Planning Dept. D DMF—DCM Fisheries Resource Specialist 9I �( Corps of Engineers i. v M' M H D C ITN 4 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM PAT MCCRORY Gmrn DONALD R. CAN DER VAART Seeman. BRAXTON DAVIS D:vc: DATE: September 20, 2016 TO: Courtney Spears, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City RECEIVED FROM: Frank Jennings, District Manager *62 Northeastern District, Division of Coast Management SEP 2 6 2016 SUBJECT: Wanchese Seafood Industrial Park Authority; Broad Creek Pier, vM_ . ' I M CITY Major Permit Application, Recommendations The applicant proposes to make improvements to an existing commercial docking facility. The improvements include reconfiguration of the existing dock structure, construction of an 8-foot wide and 1,708-foot long pier/breakwater, and construction of 28 slips along the proposed pier/breakwater. The site plan plat was revised 05/03/16 with an original date of 01/12/16. I have reviewed the revised project proposal with the rules of the Coastal Resources Commission and found a potential for conflict with the following rules: 15A NCAC 07H .0208 USE STANDARDS (b) Specific Use Standards (5) Marinas. (0) All marinas shall comply with all applicable standards for docks and piers... (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; (G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; An eight -foot pier width can be justified for safety and improved access and to support the proposed breakwater. The proposed structure will project out into Broad Creek approximately 400 feet; however, it will not interfere with established navigation areas. It is recommended the development proposal be approved with standard conditions. FJ/yc - 'Nothing Compares. - State of North Caroline I Environmental Quality I Coastal Mmagenteot 1367 US Huy 17 South I Elizabeth City, NC 27909 252-264-39011252-264.3723 [fez] VI Coastal Management ENVIRONMENTAL OUALITV March 21, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY C.wmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review NC Seafood Industrial Park Authority off Harbor Road, Broad Creek, in Wanchese, Dare County Broad Creek Pier System & Breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/11/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City; NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. k s—.rzca--=-i+ 6--h=a SIGNE DATE 0.947.1 RECEIVED 'Nothing Compares MAR 3 1 2016 State of North Carolina I Eavironmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1252-264-3723 [fix] D C M- M H D CITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL OVALITV MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of CoastqJ Management FROM: Charlan Owe , AICP, District Planner Division of Coastal Management BRAXTON DAVIS Director SUBJECT: Major Permit Request by NC Seafood Industrial Park Authority to install an 8 foot wide by 226 foot long walkway and connecting 8 foot wide by 1,812 foot long fixed pier with breakwater and fourteen (14) 6 foot by 20 foot finger piers on Broad Creek; at Lot 6 Harbor Road, NC Seafood Industrial Park, in Wanchese, Dare County. DATE: March 29, 2016 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The NC Seafood Industrial Park is located on 54 acres adjacent to the Wanchese Harbor Basin, a manmade basin which adjoins Mill Landing Creek, and west of Broad Creek off the Roanoke Sound. The project area includes leasehold Lot 6 within the park and the open waters of Broad Creek in front of leasehold Lots 7-13 to the southeast. Elevations on Lot 6 are approximately 6 feet above Normal Water Level (NWL). High ground areas are vegetated with lawn grasses. Coastal Wetlands are located along the shoreline. Water depths in Broad Creek range from 3 % feet to 5 feet in the project area. Existing site improvements on Lot 6 consist of a commercial metal building, an unused metal building associated with wastewater treatment, a fenced gravel boat storage area, and a fenced stormwater infiltration basin. Adjacent lots are also developed with commercial structures. Existing shoreline improvements consist of a fixed pier with twenty-eight (28) boat slips and two (2) boat lifts, a fixed pier, and a breakwater with small floating pier extending from Lot 12, and; two (2) concrete boat ramps at Lot 12A. Permitted shoreline improvements that have not been completed included reconfiguration of the twenty-eight (28) boat slips to ten (10) and construction of a pier and breakwater with six (6) slips extending from Lot 12A in front of Lot 13. Installation of an 8 foot wide by 226 foot long walkway and connecting 8 foot wide by 1,812 foot long fixed pier with breakwater and fourteen (14) 6 foot by 20 foot finger piers is proposed. The walkway will extend across the Coastal Wetlands. The pier will extend out approximately 180 feet, turn right for 1,384 feet, and then make a 90 degree turn to the right for 248 feet. The pier configuration will extend in front of Lots 7 through 13 and be located a minimum of 140 feet from RECEIVED ^" Nothing Compares MAR 31 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 D C M- M H D CITY C5 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 existing and permitted shoreline improvements. The pier and finger piers will create twenty-nine (29) 20 foot by 60 foot boat slips. The breakwater will be located on the watenaard side of the pier to dampen the wave energy for moored vessels and lessen or slow erosion along the shoreline. The waters of Broad Creek are classified as SA waters and are open to shellfish taking adjacent to Lot 6 and closed to shellfish taking approximately 900 feet east of Lot 6. The proposed boat slips are located within the shellfish closure area. There are no known archaeological resources associated with the property. Anticipated Impacts resulting from this project are expected to include: the shading of .41 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 1,808 sq. ft. of Coastal Wetlands AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community Village'. As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 211 for the "Community Village" sub -classification... "Water -related land uses and facilities such as boat building, fishing, fish processing and crabbing are characteristic of this sub -class... As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." The following LUP policies may be applicable to this request: Public Access: Policy PA #1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Policy PA #6, Page 144. "Dare County supports efforts by the State of North Carolina to protect working waterfronts and harbors to ensure their continued viability as working waterfronts and access to public trust waters..." RECEIVED MAR 31 2016 ''Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D �' • • — M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management Land Use Compatibility: Coastal Heritage Policy LUC #1, Page 149. "Dare County recognizes the importance of our coastal village heritage and will continue to work toward the preservation of that heritage with appropriate land use guidelines and regulations." Industrial Development Policy LUC #9, Page 156. "...Boat building, commercial fishing, and construction are recognized as traditional occupations and employment sectors in Dare County that are consistent with our coastal heritage." Archaeological/Historic Resources Policy LUC #15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH #2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. MEMORANDUM Page 3 of 5 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine RECEIVED ^'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elisabeth City, NC 27909 252-264-3901 MAR 31 2016 DCM- MHD CITY N North Carolina Department of Environmental Quality Division of Coastal Management Water Quality: Wetlands shoreline, and other public trust areas in unincorporated Dare County..." Policy WQ #7, Page 192. "Dare County advocates the use of existing (2009) state and federal regulatory programs for protecting and preserving coastal wetland areas of environmental concern..." Policy WQ #10, Page 192. "...Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkhead where these other techniques may be equally effective in abating a shoreline erosion problem." Fisheries Resources Policy WQ #11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." Marinas and Floating Structures Policy WQ #15, Page 195. "Marinas developed according to applicable State and federal guidelines are identified as appropriate uses in Dare County due to the large amount of water resources within our jurisdiction..." MEMORANDUM Page 4 of 5 RECEIVED MAR 31 2016 <"NothingCompares DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 5 North Carolina Department of Environmental Quality Division of Coastal Management Local Areas of Concern: Tourism Policy LAC #10, Page 202. "Dare County advocates the dredging and other associated maintenance activities of all existing navigable channels, canals, boat basins, marinas and waterways. Such activities are of vital importance to our local residents, fisherman, and tourist economy." MEMORANDUM Page 5 of 5 RECEIVED MAR 31 2016 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D �— M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 EL N. - rffl Coastal Management ENVInONMENTAL QUALITY March 21, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review C, NC Seafood Industrial Park Authority RECEIVED off Harbor Road, Broad Creek, in Wanchese, Dare County APR 11 2016 Proposed Project: Broad Creek Pier System & Breakwater DC M- M H D CITY Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/11/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. !/ITi"s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE -'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723[fax] Environmental Quality NOT A CAMA PERMIT September 27, 2016 PAT MCCRORY Governor DONALD R. VAN DER "ART Secretary JAY ZIMMERMAN DWR Director DWR # 16-0352 Dare County N.C. Seafood Industrial Park Authority-Wanchese Attn: Mr. Bob Peele, Director 615 Harbor Road Wanchese, NC 27981 Subject: Approval of 401 Water Quality Certification with Additional Conditions Broad Creek Pier System and Breakwater Dear Mr. Peele: You have our approval for the impacts listed below for the purpose described in your application dated March 21, 2016 and received by the Division of Water Resources (Division) on April 8, 2016 with subsequent information received on May 20, 2016, August 8, 2016, August 18, 2016, and September 1, 2016. These impacts are covered by the attached Water Quality General Certification Number 3900 and the conditions listed below. This certification is associated with the, use of CAMA Major Permit and General Permit(s)198000291 issued bythe US Army Corps'of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get.any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)) Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Attached Permanent Temporary Wetlands W-1 (Shading) 0.04 (acres) 0 (acres) Sheet No: 1 of,1 �Noth)ng, Comparesa.^_ State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional ORxations Section -Washington Regional Office 943 Washington. Square Mall, Washington, North Carolina 27889 6 Open Waters OW-1 (Piers, fingers pier and walkway) 0.41(acres) 0 (acres) Sheet No. 1 of 1 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 with all conditions. [15A NCAC 021-1.0501 and 05021 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900. [i5A NCAC 02B .05O7(c)] 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (I) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .02211 5. The construction of the docking facility may not cause any additional closure of shell fishing by Shellfish Sanitation as this would be considered a violation of 15A NCAC 02B .0201(f) and 1SA NCAC 02B .0221(1). 6. 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 permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3),15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A) 7. SDIIIs The permittee shall reportto the local DWR Regional Office, within 24 hours, all significant spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR 117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report spills including: any oil spills of 25 gallons or more and any spill regardless of amount that causes sheen on surface waters. N 8. Re Opener Clause N.C. Seafood Industrial Park Authority-Wanchese and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. N.C. Seafood Industrial Park Authority-Wanchese shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the 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, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the N.C. Seafood Industrial Park Authority-Wanchese and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. 'Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 9. State Stormwater Management Plan (SMP) and General Permit No.NCG190000 Approved by Division Stormwater Program Required You are required to provide one copy of the National Pollutant Discharge Elimination System General Permit No. 190000 (NCG390000) approval letters from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. The project must be constructed and maintained in compliance with the approved NCG190000. After the approval letter is submitted to the Division, the NCG190000 may not be modified without prior written authorization from DEMLR. If the NCG190000 are modified in the future, then you shall provide an approval letter for the modifications to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 10. 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 021-1.0506 (b)(3) and (c)(3) and 15A NCAC 028 .0200 (3)(f)] )*ump-Out Facility (6 The Pump -Out facility associated with the marina shall be equipped with emergency spill containment equipment. Any spills associated with this facility must be reported to the DWR within 24-Hours of the Incident. [15A NCAC 02H .0506(b)(5)] NdThe project shall comply with 15A NCAC 02T .0301 and all other State, Federal and local sewer system regulations. Obhe N.C. Seafood Industrial Park Authority-Wanchese and their authorized agents must establish and enforce a locked head policy. [15A NCAC 02H .0506(b)(5)] WAs-Built Drawings Within 60 days of completion of construction, as -built drawings shall be submitted to both the Division of Water Quality, 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to the Washington Regional Office. [15A NCAC 02H .0507 (c)) 15. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 16. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://portal.ncdenr.ora/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 17. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipj of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: 9 If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, Fedfx, etcj:. , Office of Administrative Hearings 1711 New Hope Church Road Raleigh', NC 27609-6285 One (1) copy of the petition must also be served to DENR:: Sam H. 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 under section 401 of the Clean Water Act. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraueh@ncdenr.sov if you have any questions or concerns. Sincerely, r oJr. i l Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 3900 Certification of Completion cc: Courtney Spears, DCM Morehead City Fran kJennings,'DCM WaRO Josh Pelletier, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO (via email) Laserfiche File Brian Rubino, Qui6le & Associates, P.C. (email: brubino@quible.com) Water Resources ENVIRONMENTAL QUALITY March 21, 2016 MEMORANDUM: To: Courtney Spears Assistant Major Permits Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 PAT MCCRORY J Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director RECEIVED APR 0 5 2016 DCM- MHD CITY From: Clif Whitfield, Environmental Engineer, PWSS/ WaRO Subject: CAMA Permit Application Review Applicant: NC Seafood Industrial Park Authority Project Location: off Harbor Road, Broad Creek, in Wanchese, Dare County Proposed Project: Broad Creek Pier System & Breakwater REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. This office objects to the project for reasons described in the attached comments. SIGNED DATE 3-30-2016 State of North Carolina I Environmental Quality I Water Resources Public Water Supply Section I Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 2529466481 1 Fax 252 948 0040 1 w .ncwacecorglpws/ on Coastal Management ENVIRONMENTAL OUALITY March 21, 2016 FROM: SUBJECT: C 5 RECEIVED MAR 2 9 2016 DOA STATE PROPERTY OFFICE Tim Walton, Manager State Property Office PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Do,ectos Doug Huggett, Major Permits Coordinator Division of Coastal Management RECEIVED CAMA Permit Application Review APR 0 4 2016 Applicant: NC Seafood Industrial Park Authority DC M- MHD CITY Project Location: off Harbor Road, Broad Creek, in Wanchese, Dare County Proposed Project: Broad Creek Pier System & Breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/11/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L,—DATE 3 ) /6 -'-'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 Iful Coastal Management March 2,1120 1 6i MEMORANDUM M FROM:: SUBJECT:- .Ap iciW MaJ, , 'Renee Glcdlrill-Ea ly ,Nit"!ie.parti-neni,.ofCUltitiat!kqwuT,ces,,, Doug I-Itiggett, Major Permits:Coordinator Diyjsion, of CQastal,vaiiagenent 11M Permit Application Review .NC Scaf6od-ihdugtr'ial.Park.Atithorit3.I PAT MCIORORY bover,wr I - R. VAN `DIEA­VAART X,Vrlwy BRAXTbN,_bAV.i_S Dwahr, PipieO., chtiott: offl-I&bOrAbad, Broad Creeki,inVanchese, Dare County Proposed -Projece- Btoad,CreekPiei.;S� stchi&Breakwater Please indioateibelow your agency's position or view"'point bn.Llie.proposed,projeet.,ind!retum;.tNs, 'forin by Avetiuc,Morehead Citv,NC28�57(f,ix:"252-247-3330) If you have any questions regarding thd'propbsed<pr6jeet,-'please.'eonta(�t,K6!iv,'Russelli (2�5,2) af; 264=3901. NVhenaI5propr1iitcJnmbkpjh supportingcomments }with data are recjue:sted; 41EPLY. This,agoncy,has no 6biecti6tTt-vilie:project.as.proposed.. This'agdhcyhas no coirurient on,the'proposedproject. -This ageny, AppfoV6s of the project OhYl 'if the recommended changes are ,..I agency . ' incorporated'. See'attaChecf., This agency pbJect - ." 9: ' to the project for reasons described in the aii4ched comments., SIGNED DATE sfwaQf APR; 6 ZO15 130 U5 11,YyJ7 SoWi jslha iii`c&l X-M C 2' 252-204Y01*(252.264.1723 IfAv) ir" Coastal Management ENVIRONMENTAL OLIALITY March 21, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: u u MAR 2 3 2016 II Shellfish Sanitation 6 rieoreat. Ln al Water Secrion PAT MCCRORY Governor R. VAN DER VAART Secretary BRAXTON DAVIS Dim mr Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review RECEIVED NC Seafood Industrial Park Authority APR 13 2016 off Harbor Road, Broad Creek, in Wanchese, Dare County DCM- MHD CITY Broad Creek Pier System & Breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/11/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached ;CpniiinIn SIGNED DATE /6 'NothingCompares .- State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elisabeth City, NC 27909 252-264-39011252-264-3723 [fax] NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 4, 2016 MEMORANDOM TO: From: Through: SUBJECT: Applicant: Donald R. van der Vaart Secretary Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave, Morehead City, NC 28557 Louis Daniel,�� Environmental?rogram Supervisor Shannon Jenkin Section Chief, She Ifish Sanitation & Recreational Water Quality CAMA / Dredge & Fill Permit Application Review NC Seafood Industrial Park Authority Project Location: off Harbor Road, Broad Creek, in Wanchese, Dare County Proposed Project: Broad Creek Pier System and Breakwater The project as proposed will result in a 45 slip marina complex located immediately adjacent to waters that are currently classified as Approved for shellfish harvest. Consequently, the project would require additional closures to shellfish harvest to the north and east of the proposed site. The Shellfish Sanitation and Recreational Water Quality section of the Division of Marine Fisheries believes that modifications to the configuration of the project to avoid additional shellfish closures are possible and would be glad to work with the applicant to discuss those options. RECEIVED APR 13 2016 DCM- MHD CITY 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 \ Internet. www.ncdenr.gov An Equal Opportunity 1 Arfinnalive Action Employer — Made in part by recycled paper APR-19-2016 09:49 From:DCM-DMF ECITY CoostalManagamenr 0""RUNMIiNTAL GU.LITV March 21, 2016 TO: FROM: SU13Ji m Applicant: Project Location: Proposed Project: 2522643723 To:12522473330 P.3/3 PAT MCCRORV / DONALD R. VAN DER VAART Ktwtrsy BRAXTON DAVIS UIItlIROY �I Ken Pace, PE; Environmental Operatiolts &Rest Arca Department of Transportation Doug Hugge{t. Major Permits Coordinator Division of Coastal Management CAMA permit Application Review NC Seafood Industrial Park Authority Off Harbor Road, Broad Creek, in k'anchesc, Hare County Broad Creek Pier System & Breakwater p�STRIC� OF'F`D� Please indicate below your agency's position or viewpoint on the proposed projeot and return this form by U4lll/lb to Courtacv Shears, Assistahc Twoc,.. na__.. -- " sax: ,4-L 7.33 y q io _.. earth ne the proposed project; please contact Kelly Russell at 252 If you have en ueations regarding comments with Supporting data are requested. �-3901, When appropriate, in-depth 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 119L CY objects to the project for reasons described in the attached continents. SIGNED -''"Nothing Compares,,_ 6hoo of North Cmol6il Qoviroomiltel Quoliry I Couhl h4waseuletll 1347 US Nwy 11 ioWh I 34W6 My, NC 279P) 252'-3L-390I 123r•36d,312} lfj,] E0/L0 30Vd 1 00N 6E4V1EEZ5Z OE:Lt7 9t0Z/,rT/P0 j N Spears, Courtney From: Dunn, Maria T. Sent: Friday, October 14, 2016 2:49 PM To: Spears, Courtney Subject: RE: Broad Creek Pier and Breakwater comments Courtney, NCWRC is concerned with the project due to the large usurpation of public trust waters, but will not object to permit issuance if there are no shellfish closures. This project has had several discussions with various agencies, so I do not have specific comments on structure design. If more specific comments on structure design are needed, please forward the most recent project design. Thank you for the opportunity to comment on this permit application. Do not hesitate to call if there is anything additional. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Wednesday, October 12, 2016 4:00 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Broad Creek Pier and Breakwater comments Hi Maria, Was wondering if you had comments for Broad Creek Pier and Breakwater at the Seafood Industrial Park? Thanksl Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 4 252 808 2808 office courtney.syears(a)ncdenr.aov 400 Commerce Avenue Morehead City, NC 28557 Mr. (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. Coastal Management ENVIRONMENTAL OUALITY March 21, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Donna Creef Dare County Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review NC Seafood Industrial Park Authority off Harbor Road, Broad Creek, in Wanchese, Dare County Broad Creek Pier System & Breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/11/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: /This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 3 I ,�3)J D 11B !RECEIVED ^�Nothing Compares -.. MAR 2 S 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I E izabeth City, NC 27909 D C M- M H D CITY 252-264-39011252-264-3723[fax] 1.; Coastal Management ENVIRONMENTAL QUALITY March 21, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Gowemar RECEIVED DONALD R. VAN DER VAART MAR 2 1016 Secretary DCM-Flsnsdes BRAXTON DAVIS Dimclor WARD Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review NC Seafood Industrial Park Authority 10144'e'd ow ffv/ld 'rG✓ Or[winS ecn d i1fl. "4dd�o�� reo;e" off Harbor Road, Broad Creek, in Wanchese, Dare County Broad Creek Pier System &c Breakwater Please indicate below your agency's position or viewpoint on the proposed project and return this form by.04/11/16 to Courtney Spears Assistant Major Permits Coordinator, 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-33301, If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. V 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 DATE7� /G -5"�'Nothing Compares , state ofNotth Caroline I Eavimnoseatal Quality I Cow Maoagetamt 1367 US Hwy 17 South I Elhabeth City, NC 27909 252-264.39011252-264-3723 [fax] 1 PAT MCCRORY CS DONALD R. VAN DER VAART 4a„rron Coastal Management ENVIRONMENTAL OIIALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist BRAXTON DAVIS 0111101 1 SUBJECT: NC Seafood Industrial Park Authority, Broad Creek Pier and Breakwater DATE: 8/30/16 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. In an application received on March 29, 2016 the applicant proposed a 226' x 8' walkway over wetlands leading to an 1,812' x 8' pier and breakwater system with finger piers creating 29 20' x 60' boat slips. This project will be offshore of several existing facilities including a 28 slips marine that has been permitted to be modified to a 10 slip marine but no work has been completed. The application was placed on hold shortly after receipt due to several issues with unnecessary corralling of open shellfish waters, concerns about closing open shellfish water, as well as other environmental concerns. A modified plan was received by this office on 8/9/16 that reduced the overall walkway over marsh and pier/breakwater system to 1,708' in length. This office was not part of the discussion that lead to the new design. While impact numbers are not included for the new design the amount of wetland shading appears to be reduced and the amount of open shellfish waters corralled has been reduced. The new design still however incorporates a large parcel of open shellfish waters. As there is a large 100ft section of breakwater that is unused for docking and a large area of open water on the inside of the proposed breakwater it is recommended that the breakwater be reduced in these areas to further reduce the usurping of open shellfish waters as would have been the recommendation before any redesign. Additionally, according to documents from shellfish sanitation the waters within the projects bounds that are closed to Shellfish harvest were only closed due to observations of on shore activities and not sampling. Before these waters become permanently closed due to marina construction sampling should be conducted to determine if the area is indeed unfit for shellfish harvest. Due to the large scale of the project and potential disturbance to fish and shellfish in the area it is recommended that this project be conditioned with an in -water work moratorium from April 1— September 30 to reduce potential negative impacts during the times of highest biological activity. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. Stele of North Caroline I Ewtun oental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) Coastal Management ENVIRONMENTAL QUALITY August 9, 2016 Bob Peele PO Box 549 Wanchese, NC 27981 PAT MCCRORY cn„"Mv, DONALD R. VAN DER VAART 4rerurp BRAXTON DAVIS SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for NC Seafood Industrial Park Authority-Wanchese in Dare County Dear Sir: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to construct a docking facility adjacent to your property in Dare County. On April 7, 2016, processing of your application was placed on applicant hold pending resolution of issues with Shellfish Sanitation. Subsequently, Division of Water Resources, issued a Request for Additional Information on May 13, 2016. This office received an email from Shellfish Sanitation indicating their concerns has been addressed with some conditions on May 20, 2016. This office received an email from the Division of Water Resources that their request for additional information had been satisfied on August 9, 2016. Therefore, after receiving an email from Mr. Brian Rubino, processing of your permit application has officially resumed as of today. The revised projected 75-day deadline for making a decision is September 26, 2016. Please feel free to contact me by phone at (252) 808-2808 ext. 215 or by e-mail (courtney.spears@ncdenr.gov) if you would like to discuss. this matter further. Assistant Major Permits Coordinator cc: Brian Rubino, Quible & Associates Frank Jennings, DCM Karen Higgins, DWR Anthony Scarbraugh, DWR Josh Pelletier, USACE !'/'Nothing Compares' State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 2528082808 T Spears, Courtney From: Brian Rubino <brubino@quible.com> Sent: Tuesday, August 09, 2016 11:39 AM To: Spears, Courtney Subject: RE: Broad Creek Sorry about that. You are correct, it is 5/3/16. There is no plan dated 5/6/16. Thanks! From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Tuesday, August 09, 201611:37 AM To: Brian Rubino <brubino@quible.com> Subject: RE: Broad Creek Is it 5/6/16 or 5/3/16? 1 attached a scanned version of what I thought was the most recent plan. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears(a)ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 C�11 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. From: Brian Rubino [mailto:brubino@guible.com] Sent: Tuesday, August 09, 2016 11:32 AM To: Spears, Courtney <courtnev.spears@ncdenr.eov> Subject: Broad Creek Courtney, As agent for the Broad Creek Marina and Breakwater Project, please take the permit review off -hold so that interagency review can resume. The current plan is dated 5/6/2016. Thanks, Brian 1 Brian D. Rubino, P.G Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Spears, Courtney From: Scarbraugh, Anthony Sent: Tuesday, August 09, 2016 11:01 AM To: Spears, Courtney Cc: Dunn, Maria T.; Staples, Shane; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mi1) Subject: Broad Creek Pier System and Breakwater Mrs. Spears, This Office received the required additional information to complete the Use Attainability Analysis for the Proposed Marine in SA waters and therefore has taken the project off hold. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 C.... �>"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. Spears, Courtney From: Scarbraugh, Anthony Sent: Monday, August 08, 2016 8:27 AM To: Brian Rubino (brubino@quible.com) Cc: Spears, Courtney; Tankard, Robert; May, David; Pelletier, Josh R SAW (Josh. R.Pe I leti a r@ usace.army. m i I) Subject: Broad Creek Pier and Breakwater Additional Information Mr. Rubino, To date this Office has not received the additional information requested in regulatory correspondence issued on May 13, 2016. If the present resource evaluation and historical documentation of the shellfish resources (back to 1975) is not provide to this Office to complete the require use attainability study by September 1, 2016, then the project will be returned. If you have any questions, please feel free to contact me. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 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. r 7 Spears, Courtney From: Spears, Courtney Sent: Thursday, April 07, 2016 11:48 AM To: 'Brian Rubino' Cc: Troy Murphy; Russell, Kelly Subject: RE: Broad Creek Marina and Breakwater Dear Mr. Rubino, This correspondence acknowledges your April 7th, 2016 email in which you indicated that your client, Bob Peele, wishes to place his CAMA Major Permit application in abeyance until issues with Shellfish Sanitation are resolved. Based on this request, processing of your application will be placed on hold 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), 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 (252) 808-2808, or by e-mail. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Nothing Compares.,._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Rubino [mailto:brubino@quible.com] Sent: Thursday, April 07, 2016 11:26 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Cc: Huggett, Doug <doug.huggett@ncdenr.gov>; Troy Murphy <tmurphy@quible.com> Subject: Broad Creek Marina and Breakwater Courtney, Based on the discussion between Doug Huggett, you and myself on Tuesday April 511, 1 would like to put the permit processing for the Broad Creek Marina and Breakwater project on -hold while we work through items of concern with l � - Spears, Courtney From: Haines, Andrew Sent: Monday, May 23, 2016 2:33 PM To: Brian Rubino; Jenkins, Shannon Cc: Daniel, Louis; Spears, Courtney; Rheubottom, Jeff; Huggett, Doug; Peele, Robert J Subject: RE: Broad Creek Marina and Breakwater Brian, Often times DWR will include that request for a resource evaluation when our review of a project indicates the potential for a shellfish closure. It may be worth notifying them of our new comments based off of the revised project layout, to see if they still want to request that evaluation from you. If they are still interested in having the resource evaluation done, I think they would be the best to provide guidance on carrying that out as well, although if there is anything we can do to help the process along, let us know. Thanks, and have a good week! Andy Andrew Haines Environmental Program Supervisor 1 Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section Department of Environmental Quality 252-808-8149 office andrew.haines@ncdenr.gov PO Box 769 Morehead City, NC 28557 Nothing Compares . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Rubino [mailto:brubino@quible.com] Sent: Friday, May 20, 2016 2:56 PM To: Haines, Andrew <andrew.haines@ncdenr.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov> Cc: Daniel, Louis <louis.daniel@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov>; Rheubottom, Jeff <jeff.rheubottom@ncdenr.gov>; Huggett, Doug <doug.huggett@ncdenr.gov>; Peele, RobertJ <bpeele @ nccom merce.com> Subject: RE: Broad Creek Marina and Breakwater Andy, Thanks for your review of this revised layout and additional description of your requested permit conditions. Please also see the attached letter from DWR which I received a digital copy of on Wednesday of this week. DWR has requested: "present shellfish resource evaluation and historical documentation of the shellfish resources (back to 1975)". Is this data something that can be made available to me to provide to DWR? I have not had a chance to call DWR to discuss this yet, but I am planning on doing that this afternoon or Monday. I am not sure that their request is affected by the revised layout, but I will talk to them about that as well. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Haines, Andrew[mailto:andrew.haines@ncdenr.eov] Sent: Friday, May 20, 201611:06 AM To: Brian Rubino <brubino@quible.com>; Jenkins, Shannon <shannon.ienkins@ncdenr.eov> Cc: Daniel, Louis <louis.daniel@ncdenr.eov>; Spears, Courtney <courtnev.soears@ncdenr.gov>; Rheubottom, Jeff <leff.rheubottom@ncdenr.gov>; Huggett, Doug<doua.huesett@ncdenr.gov>; Peele, RobertJ <boee le @ nccommerce.com> Subject: Re: Broad Creek Marina and Breakwater Hi Brian, Thanks for passing along this revised layout. We had a chance to review it this morning, and everything looks good on our end. Just to reiterate from our previous conversations, we will still be requesting that the following two items be included as conditions of the permit moving forward. 1) We would like for the permitted work on the "Gunboat" facility to be completed before moving forward on any work on this new facility. The current layout of the "Gunboat" facility was originally permitted under our exemption criteria, which allows a shellfish closure to be avoided if no boats over 24 feet or with cabins or heads use the docks. As currently operating, boats using the facility are exceeding those size criteria, so in order to avoid a shellfish closure, the redesigned facility including only 10 slips would need to be built. 2) We would like to include the condition that docking only occur in permitted spaces, so that we can avoid a situation where boats are tying up on the inside of the pier/walkway closer to the closure line. If you have any questions, don't hesitate to contact us, and we'll do what we can to help you out. Have a good weekend Andy From: Brian Rubino <brubino@quible.com> Sent: Wednesday, May 18, 2016 8:37:50 AM To: Jenkins, Shannon Cc: Daniel, Louis; Spears, Courtney; Haines, Andrew; Rheubottom, Jeff; Huggett, Doug; Peele, Robert J Subject: Re: Broad Creek Marina and Breakwater Thanks Shannon Sent from my Whone On May 18, 2016, at 8:20 AM, Jenkins, Shannon <shannon.ienkins@ncdenr.eov> wrote: Brian, We will review the revised plan (regarding the Shellfish Sanitation marina aspect) soon and get back to you. We should be able to do this prior to end of business on Friday at the latest. Thanks Shannon From: Brian Rubino [mailto:brubino@guible.comj Sent: Tuesday, May 17, 2016 3:44 PM To: Daniel, Louis <louis.daniel@ncdenr.gov>; Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov>; Haines, Andrew <andrew.haines@ncdenr.Rov>; Rheubottom, Jeff <ieff.rheubottom @ncdenr.gov>; Huggett, Doug <dous.huggett@ncdenr.Rov> Cc: Peele, Robert J <bpeele@nccommerce.com> Subject: RE: Broad Creek Marina and Breakwater All, After our conference call on 4/20/2016, we developed a revised plan that is intended to address the regulatory/resources agency concerns related to Shellfish and Sanitation marina requirements and CAMA/DCM "usurpation of public trust' issues. One important major item that I would like to present is the ability to start the pier in a new location. Bob Peele was able to identify this after considering the usurpation issue at hand and current and proposed land use in the Seafood Park as well as projected leaseholds. Please see the draft revised plan attached. If this looks acceptable, we would like to take the project off -hold to resume the CAMA Major review. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com <image001.png> LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If'you have received this email in error please contact the sender and delete the material from any computer. From: Daniel, Louis [mailto:louis.daniel@ncdenr.gov Sent: Thursday, April 14, 2016 1:59 PM To: Brian Rubino <brubino@quible.com> Cc: Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Spears, Courtney <courtnev.spears@ncdenr.gov>; Haines, Andrew <andrew.haines@ncdenr.gov>; Rheubottom, Jeff <!eff.rheubottom@ncdenr.gov> Subject: RE: Broad Creek Marina and Breakwater Afternoon all — Attached are the instructions for the conference call on 4/20/16 at 10:00 to address the subject project. Any questions or problems, let me know. Louis 252-808-8147 From: Brian Rubino [mailto:brubino@quible.com] Sent: Thursday, April 14, 2016 1:00 PM To: Daniel, Louis <louis.daniel@ncdenr.gov> Cc: Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Spears, Courtney <courtnev.spears@ncdenr.gov>; Haines, Andrew <andrew.haines@ncdenr.gov>; Rheubottom, Jeff <ieff.rheubottom@ncdenr.gov> Subject: Re: Broad Creek Marina and Breakwater Thank you! Sent from my iPhone On Apr 14, 2016, at 12:02 PM, Daniel, Louis <louis.daniel@ncdenr.gov> wrote: I will work on a conference line. Sent from my iPhone On Apr 14, 2016, at 11:52 AM, Brian Rubino <brubino@quible.com> wrote: How about 10 am on wednesday the 20th? Shannon, are you able to facilitate a conference call -in? My phones are set up to call in 2 other lines, but i should be able to figure something out if need be. Thanks Sent from my iPhone On Apr 14, 2016, at 11:17 AM, Daniel, Louis <louis.daniel@ncdenr.sov> wrote: Before 2:00 is ideal for me. Louis Sent from my iPhone On Apr 14, 2016, at 11:10 AM, Jenkins, Shannon <shannon.ienkins@ncdenr.gov>.wrote: Brian, Next Wednesday April 201h works for us. Shannon From: Brian Rubino [mailto:brubino@quible.com] Sent: Thursday, April 14, 2016 10:56 AM To: Spears, Courtney <courtnev.spears@ncdenr.eov>; Jenkins, Shannon <shannon.ienkins@ncdenr.aov>; Haines, Andrew 6 <andrew.haines@ncdenr.sov>; Rheubottom, Jeff <ieff.rheubottom@ncdenr.sov> Cc: Daniel, Louis <louis.daniel@ncdenr.sov> Subject: RE: Broad Creek Marina and Breakwater Shannon, I agree that we should be able to work this out through a phone conference. How would a Wednesday April 2011 call work for everyone? I can do anytime that day. In know Doug is unavailable, but Courtney has indicated that would be an available day for her. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 7 www.guible.com <image001.png> LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Spears, Courtney [mailto:courtney.spears@ncdenr.so VI Sent: Thursday, April 14, 2016 10:50 AM To: Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Brian Rubino <brubino@quible.com>; Haines, Andrew <andrew.haines@ncdenr.gov>; Rheubottom, Jeff <ieff.rheubottom@ncdencsov> Cc: Daniel, Louis <louis.daniel@ncdenr.sov> Subject: RE: Broad Creek Marina and Breakwater Hello, Doug and I are both unavailable on Monday next week. For the remainder of the week Doug will be in Raleigh. I am available on Wed/Thurs. If either of those days are workable that would be great, otherwise I think the following week would be better for use. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev.soears(aMcdenr.gov 400 Commerce Avenue Morehead City, NC 28557 <image002.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jenkins, Shannon Sent: Thursday, April 14, 201610:45 AM To: Brian Rubino <brubino@quible.com>; Haines, Andrew <andrew.haines@ncdenr.sov>; Rheubottom, Jeff <leff.rheubottom@ncdenr.Rov> Cc: Huggett, Doug <dous.huggett@ncdenr.gov>; Spears, Courtney <courtney.sgears@ncdenr.gov>; Daniel, Louis <louis.daniel@ncdenr.gov> Subject: RE: Broad Creek Marina and Breakwater Brian, I believe that any modifications that we need to discuss are simple enough that a phone conference may work (although we'd be glad to meet in person as well). Do you agree? If so, our first free slot would be Monday afternoon (perhaps 1:30pm?). If not, we're pretty flexible next week. Thanks Shannon From: Brian Rubino (mailto:brubino@guible.coml 10 Sent: Thursday, April 14, 2016 9:05 AM To: Jenkins, Shannon <shannon.aenkins@ncdenr.gov Haines, Andrew <andrew.haines@ncdenr.Rov>; Rheubottom, Jeff <ieff.rheubottom@ncdenr.eov> Cc: Huggett, Doug <dous.huBsett ncdenr.eov>; Spears, Courtney <courtney.spears@ncdenr.eov> Subject: FW: Broad Creek Marina and Breakwater Gentlemen, Based on a conversation with Doug Huggett and an Courtney Spears from DCM last week, we have put the CAMA permit for Broad Creek Pier and Breakwater on temporary hold due to Shellfish and Sanitation concerns over the design. Mr. Huggett recommended to do this while we work out design elements with you that conform to mooring area rules. I thought we had a productive scoping meeting on August 27, 2015 and I appreciate your guidance and input from that meeting. I intended to submit a plan that conformed to the Shellfish and Sanitation requirements, but I am confident that we can now make appropriate adjustments with your assistance that also meet the Seafood Park's needs. I have attached the plan that was submitted. Please let me know what a good time to discuss this would be and feel free to email me any suggestions as well. 11 Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com <image001.png> LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. 12 From: Spears, Courtney [mailto:courtney.spears@ncdenr.so v] Sent: Thursday, April 07, 2016 11:48 AM To: Brian Rubino <brubino@quible.com> Cc: Troy Murphy <tmurphv@quible.com>; Russell, Kelly <kelly.russell@ncdenr.gov> Subject: RE: Broad Creek Marina and Breakwater Dear Mr. Rubino, This correspondence acknowledges your April 7th, 2016 email in which you indicated that your client, Bob Peele, wishes to place his CAMA Major Permit application in abeyance until issues with Shellfish Sanitation are resolved. Based on this request, processing of your application will be placed on hold 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), 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. 13 If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808, or by e-mail. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev.spears(a ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 <image006.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Rubino [mailto:brubino@quible.com] 14 Sent: Thursday, April 07, 2016 11:26 AM To: Spears, Courtney <courtney.spears@ncdenr.sov> Cc: Huggett, Doug <doug.husaett@ncdenr.sov>; Troy Murphy <tmurphv@quible.com> Subject: Broad Creek Marina and Breakwater Courtney, Based on the discussion between Doug Huggett, you and myself on Tuesday April 5th, I would like to put the permit processing for the Broad Creek Marina and Breakwater project on -hold while we work through items of concern with Shellfish and Sanitation. Thanks for the assistance with this project and please keep us informed if you receive any other comments or determinations that may affect this project. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 15 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com <1mage001.png> LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. 16 i- _ 0 Water Resources ENVIRONMENTAL QUALITY_ May 13, 2016 CERTIFIED MAIL: 7015 0640 0005 9080 5514 RETURN RECEIPT REQUESTED N-.C. Seafood Industrial Park Authority-Wanchese Attn: Mr. Bob Peele, Director 615 Harbor Road Wanchese, NC 27981 Subject: REQUEST FOR ADDITIONAL INFORMATION Broad Creek PierSystem and Breakwater Dear Mr. Peale: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DW R # 16-0352 Dare County 'On April 1, 2016, the Division of Water Resources (Division) received your application dated March 21, 2016, requesting:a 461 Water Quality Certification from the Division for the subject project. On April 8, 2016, the Division received correspondence from the Division of Coastal Management the project had'. been placed on hold at your request. The Division has determined that your application is.incomplete and cannot be processed. The application is on -hold until -all of.the following information is,received: 1. Use: Attainability Analysis The Major Development Permit application received in this Office states that NC Seafood Industrial Park.Authority is the owner of subject property.located at Lot 6•on Harbor Road within the -village of Wanchese; Dare County, Please provided the Division with a present shellfish resource evaluation and historical documentation of the'shelifish resources (back to 1915) in the project area in order to complete a UAA. Until the information is provided the review process cannot t e:completed and no further action can betaken on.the 401 certification. Title 15A NCAC 02H .0506 (a)(5) and' SA NCAC 2B.0221(2)' Pursuant to 15A NCAC 2B .0221 (2) and Title 15A NCAC':02H .0506 (a)(5) and (b)(2), the applicant'shall furnish all of the above requested,info rmation for theproper consideratlon,of the application. If all of the requested information, is not received in writing within 30 calendar days of receipt of this letter,'the Division wili.be unable to approve'the application and it will be'returned. The return of this project will necessitate reapplication to the.DMsion for approval, including s complete, application package and the appropriate fee. Please respond in writing within 30 calendar days of feceipt of this letter by sending three, copies of all of the above requested information to.the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Slate of North Carolina I Environmental Quality I Water Resources —Water Quality Region at Operations —Washington Regional Office Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be `a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthonV.scarbraueh@ncdenr.aov if you have any questions'or concerns. Sincerely, Robert Tankard, AssYnt"Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Courtney Spears, DCM Morehead City Kelly Russell, DCM Elizabeth City Shane Staple, DCM WaRO (via email) Maria Dunn, WRC WaRO (via email) Josh Pelletier, USACE Washington Regulatory Field Office Samir Dumpor, DEMLR WaRO (via email), DWR'WaRO 401 files Laserfiche Brian Rubino, Quible & Associates, P.C. (email: brubfno@'quible.com) Spears, Courtney From: Allen, Greg <greg.allen@ncdenr.gov> Sent: Monday, August 08, 2016 2:09 PM To: Brian Rubino Cc: Deaton, Anne; Staples, Shane; Wright, Garry L Subject: RE: Broad Creek Pier and Breakwater Additional Information Attachments: Broad Creek Wanchese areajpg; 2001 NCDMF Broad Creek Marina Proposal0001.pdf Mr. Rubino, Attached is a NCDMF memo that I helped draft in 2001 concerning the original Broad Creek proposal. Also attached is an image from shellfish mapping data that shows the bottom strata of the area. Strata legend is as follows: G-Subtidal Firm Non vegetative shell, L-Subtidal Hard Non vegetative w/o shell H-Subtidal Firm Non vegetative w/o shell V-Intertidal Hard vegetative w/o shell D- Subtidal Soft Non vegetative w/o shell Please reply with any questions. Greg Greg T. Allen Marine Biologist I N.C. Department of Environmental Quality N.C. Division of Marine Fisheries Habitat and Enhancement Section PO Box 1965 1021 Driftwood Drive Manteo, NC 27954 greg.aIlen@ncdenr.gov 252-473-1512 ext. 231 252-542-0705 cell 252-473-1606fax NA 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 unless the content is exempt by statute or other regulations. From: Brian Rubino [mailto:brubino@quible.com] Sent: Monday, August 08, 2016 10:58 AM To: Allen, Greg <greg.allen@ncdenr.gov> Subject: FW: Broad Creek Pier and Breakwater Additional Information Greg, Have you been able to put your hands on any shellfish data? This is the last piece of the puzzle for CAMA Major Permitting (DWR's Use Attainability analysis). Please let me know one way or the other. If no data exists, I'll likely schedule a meeting with DWR, the Seafood Park and Shellfish/Sanitation. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.auible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Scarbraugh, Anthony[mailto:anthony.scarbraugh@ncdenr.gov] Sent: Monday, August 08, 2016 8:27 AM To: Brian Rubino <brubino@auible.com> Cc: Spears, Courtney <courtney.spears@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; May, David <david.may@ncdenr.gov>; Pelletier, Josh R SAW (Josh.R.PeIletier@usace.army.mil) <Josh. R.Pelletierusace.army.mil> Subject: Broad Creek Pier and Breakwater Additional Information Mr. Rubino, To date this Office has not received the additional information requested in regulatory correspondence issued on May 13, 2016. If the present resource evaluation and historical documentation of the shellfish resources (back to 1975) is not provide to this Office to complete the require use attainability study by September 1, 2016, then the project will be returned. If you have any questions, please feel free to contact me. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh(a)ncdenr.00v 943 Washington Square Mall Washington, NC 27889 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. State of North Carolina Department of Environment and. Natural Resources Division of Marine. Fisheries James B. Hunt, Jr., Governor 'Bill Holman, Secretary Preston P. Pate, Jr., Director MEMORANDUM TO: Sara Winslow, District.Manager,.Elizabeth City FROM: Beth Burns, Fisheries Management, Wanchese Greg Allen, Resource:Ehhancement, Wanchese SUBJECT: Broad Cieek_Marina, Proposal DATE: May 21,2001 Joe .w NCDENR ENVIRONMENT ANDNQURA RESOURCES NCDMF'juvenile Trawl Survey North Carolina Division of Marine Fisheries'. juvenile trawl survey has collected data in `Broad Creek", a delineated primary nursery area (PNA), since 1983..This;PNA is within the same Broad Creek system as the proposed Marina site. Early life stages of.several juvenile species utilize the primary nursery area o0road Creels, and later enter into the larger,, broader waters of outer -Broad creels, which empties into Roanoke Souhd. Nursery areas are defined in 15A NCAC3M.0102, and described in 15A NCAC 3R.0103 and 15A NCAC 3R.0104. The Broad Creek,primary nursery area is extremely, diverse in species cornposition and abundance (Table 1 and Figure 1). Dependent on the data set analyzed (1983-1989 or 1990- 2000), twenty-three to thirty six different species offish important',to recreational and commercial fishermen and four different species of valuable invertebrates were captured atahis site. Species composition was,ahnost as diverse in the deeper waters of outer -Broad Creek;.but catch per unit effort was not as high as in the PNA's. Thirty-three, different species of finfishof commercial and recreational importance, four valuable invertebrate species, and.one "species of special concern", the diamond backed terrapin, -were captured at this station adjacent to the ?NA. 91 Tablet. Species. composition from DMF juvenile trawl surveyconducted in Broad Creek PNA and adjacent non-PNA near the proposed marine Gila S%geemeamCPUE :Broad`dreek ('tminutetowtlme) Total # of I dhiduals mean CPUE Total #.of Individuals - Outer -Broad Crack s minute tow. time) _ Species mean CPUE Total# of Individuals' 1983.1989 1983-1989 '1990.2000 1990.2000 (1983.1989) p983-1989). (n=B7) (n=14) (n=50) Spot fi3 -4,244 as 1.200 Spot 162 9,fi07- ,Blue Grab 18 1,676' 21 -294 Aflanlic.croaker 28 ' 1.635' 'erownahrimp a 415 15 203 Blue Crab 17 11014 Ationlic croaker 17 1,130' 13 181 Aflanec menhaden 12. '700 Summer flounder. i1 31 1 18 Br ..shdmp 8 '538 Atlantic menhaden 1 88 1 to Pink shrimp 12 101' Southern flounder 1 90 1 -10 Weakfish. A 'S5 species d/versly,nw4o speeies diversify na25 -Southern flounder '1 .38 Summer flounder 1 33 spectes'diversiy n-37 Other species found adjacent to the PNA ;of commercial Other species' found In the PNA of commerical and/or recreational Impodancw andiorrecreational ;importance: 1983-1989 t990.2000 (1983.1989) . Spotted soatrout M*411 bluersh. red drum southern kln94sh. Spanish mackerel sarlherd klne8sh bultedish Aflantic spodeRsh Spanish mackerel pinkshnmp 'stepodmu➢el Affan9C5padeGah sheepsheaad Weakfish. - haw snh -pw(,Ss nmp whl(oshrlmp whifa shrimp 'species atopecial. eencorn ' diamondback terrapin P.O. Box 769, Morehead City,. North Carolina 285578)769 Telephone 252-726.7021 FAX 252-726,-0254 An Equal Opportunity Affirmative, Action Employer 50%'recycled/10%.post-consumer paper Figure 1: Approximate station locations of existing PNA (RII 1) and"outer-Broad Creek"., Oyster Resource: The proposed Marina in Broad Creek is located on terminated shellfish leases. This area consisted of;leases beginning -in 1944 through 1998. The first lease (051, 5.5 acres) was issued in 1944-1947, then renewed in 1957 and terminated in 1995. The second lease (#721, 115 acres) Was issued in 1957 and terminated in 1998i These leases went through the lease investigation process by the North Carolina Division of Marine Fisheries (NCDMF) before the leases were granted..Lease criteria required that.the area must not contain a natural shellfish bed, which is defined as ten bushels or more of shellfish per acre: The criteria were met and ]eases were granted. Although there has been no formal sampling of the proposed area since the initial lease investigation, informal oyster dredge tows revealed substantial oyster ,populations as well as scallop shell cultch.material. Based on these observations the proposed area would no 'longer meet the :sltellftsh lease criteria and NCDMF could not grant a future shellfish lease in this area at this time. The proposed area is currently a known site for the commercial harvest of oysters by Roanoke; Island oystermen. The area is also a NCDMP Dermo collection site. Upon request, NCDMFjResource Enhancement. staff can further investigate the area sand provide shellfish density ir,i bushels per acre should such estimates be needed. Interagency Projects of significant importance: A Wanchese Marsh Creation.and Protection Project (Public NoticeNumberCESAW--TS-PE-99- 28-0004 (4) CAMA number DCM99-21 and State number SCR File 09-E-0000-0604).is pending (Final'Feasibility Report dated June 1999) and is.immediately adjacent to and P.O. cox 7G9, Nlo,.haad City, North Carolina 285574/769 Telephone 262-726-7021 FAX N2-726-b254 An Equal' Opportunity Affirmative: Action Employer 50% recycled/10% post -consumer paper v, IF4. 31 z eel -F .52FF-�,� ullni "51 ----------- -7 1 17 -------- lGe., I FF"i- a I L .3 j;', Egg IF, ri PE 0 IF 14 ItII II ql(/ /I.A U FFFI 10 + ------- ------ jowl I T11'r4 No tM "I u + IF, 0 - -- -------------- 02 1. It W NUR mo N. N. L ...NG CAMA MAJOR uible & Associates, P.C. FRI FGFwIEFIF�NF1FFFFNFFI IF CONI BROAD CREEK PIER & BREAKWATER ENGINEERING PUNNING ENVIGOHFAFEFI�L EGIEKES SUII'FEYING WANCHESE INDUSTRIAL SEAFOOD PARK YIF 1".. NAGS HM TOWNSHIP W WNSHIP DARE COUNTY NDLINA EI FIG .1�1 �mLrm w�nwnmVm:m "I IN I Ip I y: I I Tr.m ,:r•a n 1 I : I f Y Y PSPspgpYlyal � Te $]a c >. wn�aV> a r uz / ' ,,tt" 1 lu Ri 4 1 2L e�55 i1 I^ r i y rt .�t Y tv .t �t � I — •� . ♦ 4e Eq R EE I 1 TO DO Y e CAMA MAJOR Uuible uF ' s o� w N A 9a BROAD CREEK PIER & BREAKWATER C186ACO..C8. P C ENC RONMNO . CWff.ING ' PIANINN. FNYIRONMEHFAL SCIENCES SURVfItNC o WANCHESE INDUSTRIAL SEAFOOD PARK°° NAGS HERE) TOWNSHIP WE COUNTY NORTH CAROUNA om x..t xv nun CERTIFICATION �'i'%r r.w+mwawu..Uim 1 .10 11" D y 1�ON¢R xC SFY� WMmAt PNM AUMWM1 µ� y0£pRCM1w OES6 NC iN.:Io'OoYxM[ sisxmII. pm. oxuxAZ D.+m D.neea. m M WT A BYCDARY anm ,49 ` R"Amsry c°n`a o A e Fr rwR FRE vPrmlm NEe V. v is ten w°'a TAw "P111O1a[T•wz a uw.wzl na v `c eo.T ID ax aRRUW.rzx �. �'ilK wx'uz R ry� VICINITY MAP (Wimehem) evon� GRHK ,d\ t' I NOTE: THIS DOCUMENT IS PRELMINARY - NOT FOR CONSTRUCTION. RECORDATION. SALES OR CONYEYANCCS - THE DOCUMENT 15 FOR NOTE: THIS DOCUMENT IS PRELMINARY - NOT FOR CONSTRUCTION. RECORDATION. SALES OR CONYEYANCCS - THE DOCUMENT 15 FOR DISCUSSION PURPOSES ONLY! EnSTIK PFCFwlPP SN01m'ON TIP,!y OiVMfXI MES -1 REFRES_NI < MYpLLTE K IIRATI SVMCY AND 11 xIT 9 ))gg RIL ILD BY A MLCNSCC RRWESSIONLL 4NU NRVEYOR, ALL INIIII.T.N D.. p, THN COLUUENI IS S ..1 IO AM' pCOVIREYENIS Bl AN1 UL<i ENGI CNIITY UR IIOD .. N G '" I"IAE a A550[IAIµS. pX`.Cp03 NDT DVA H. iX[ ACC gACY OR INC fOYFLCICNLSS Il Y IIDry Ix iXIS pOC'JYLNI A S NCI 4LSPo'SIBN '� .A 8 A. DR UNL61M Jrs ]ryY 109aC5 CR DA,AIH, RES"T,. IPJN C FRON a' USE I FCFW IIDN pu 6^TV (/�/�J 3 PRRLIMINARY o y POR CAN1A PERMITTING ONLY $Q 9 E §g i � 1I `.• 1�, f��jf�Jl \ _tr f I � \ • - •'w•y.^ — Rau. ,Ln.. n LI- 1 ____ T-JT 4 I —1 1u.waDn >rn� 1I j GSM -! nL N i Y —�W - - - - - - --- --- - -- - -�--- ._- - - - -- 1e 1e IYR 1eI I. xlm ala.5.1. �,00YNG I I I I 10 1A Y GRAPHIC SCALE , m, _ _ overlapping with the proposed marina project (Figure 2). It seems quite contradictory to go to the expense and labor to re-establish the marsh to what are native and preferred species while at the same time plan on disturbing the same area to the extent that would be necessary for the installation of a marina basin system. Miscellaneous concerns: -The proposed area would take away acreage from public trust waters. -Marina areas already existing within Wanchese Harbor are not fully utilized at this time. -Popular recreational fishing area. -SA water classification. P.O. Box 769, Morehead City, North Carolina 28557,0769 Telephone 252-726-7021 FAX 252-726-0254 An. Equal Opportunity Affirmative Action Employer 50% recycled/10% post-donsumer paper Bottom type (strata) - Broad Creek t si P ijetes r , 0 70 140 M0 Scale us AI1 STRATA =.ND =ASE _=ASE 3-"9 11 "RA Spears, Courtney From: Brian Rubino <brubino@quible.com> Sent: Monday, August 08, 2016 2:37 PM To: Scarbraugh, Anthony Cc: Spears, Courtney; Tankard, Robert; May, David; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil); Allen, Greg Subject: RE: Broad Creek Pier and Breakwater Additional Information Attachments: RE: Broad Creek Pier and Breakwater Additional Information Anthony, Please see attached info provided by Greg Allen, DMF Biologist. Hopefully you find this information useful and pertinent for the required Use Attainability Reporting. I assisted others in preparation of the 2001 and 2002 EA's in Broad Creek that received FONSI's and I recalled similar or the same information being received at that time, but I could not find this in our files. Please let me know if you have any questions or if you need anything else. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Brian Rubino Sent: Monday, August 08, 2016 11:02 AM To:'Scarbraugh, Anthony' <anthony.scarbraugh@ncdenr.gov> Cc: Spears, Courtney <courtney.spears@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; May, David <david.may@ncdenr.gov>; Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil) <Josh.R.Pelletier@usace.army.mil> Subject: RE: Broad Creek Pier and Breakwater Additional Information Anthony, If I cannot get any data from Shellfish and Sanitation this week, I'll pursue scheduling a meeting with DWR, the Seafood Park (client) and Shellfish and Sanitation. I believe this is the last piece missing from being able to receive a CAMA permit and I am not sure what else to do, so a meeting would likely be in order. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Scarbraugh, Anthony[mailto:anthony.scarbraugh(a@ncdenr.gov] Sent: Monday, August 08, 2016 8:27 AM To: Brian Rubino <brubino@guible.com> Cc: Spears, Courtney <courtney.spears@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; May, David <david.mav@ncdenr.gov>; Pelletier, Josh R SAW (Josh.R.Pelletier(@usace.army.mil) <Josh.R.Pelletier@usace.army.mil> Subject: Broad Creek Pier and Breakwater Additional Information Mr. Rubino, To date this Office has not received the additional information requested in regulatory correspondence issued on May 13, 2016. If the present resource evaluation and historical documentation of the shellfish resources (back to 1975) is not provide to this Office to complete the require use attainability study by September 1, 2016, then the project will be returned. If you have any questions, please feel free to contact me. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources - Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraug h(a.ncdenr.gov 943 Washington Square Mail Washington, NC 27889 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. Spears, Courtney From: Brian Rubino <brubino@quible.com> Sent: Thursday, May 19, 2016 3:29 PM To: Spears, Courtney Subject: Broad Creek Project Courtney, I received your message about keeping the Broad Creek project on hold for now while we work out the items in the DWR letter dated 5/13/16. That sounds fine. I think we can supply what is needed with assistance from Shellfish and Sanitation. I will be in the field most of tomorrow, so I wanted to send you this email today in cased I am not able to speak. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 'Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Spears, Courtney From: Brian Rubino <brubino@quible.com> Sent: Tuesday, May 17, 2016 3:44 PM To: Daniel, Louis; Jenkins, Shannon; Spears, Courtney; Haines, Andrew; Rheubottom, Jeff; Huggett, Doug Cc: Peele, Robert J Subject: RE: Broad Creek Marina and Breakwater Attachments: P02190-cama-050316.pdf All, After our conference call on 4/20/2016, we developed a revised plan that is intended to address the regulatory/resources agency concerns related to Shellfish and Sanitation marina requirements and CAMA/DCM "usurpation of public trust' issues. One important major item that I would like to present is the ability to start the pier in a new location. Bob Peele was able to identify this after considering the usurpation issue at hand and current and proposed land use in the Seafood Park as well as projected leaseholds. Please see the draft revised plan attached. If this looks acceptable, we would like to take the project off -hold to resume the CAMA Major review. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.B146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Daniel, Louis [mailto:louis.daniel@ncdenr.gov] Sent: Thursday, April 14, 2016 1:59 PM To: Brian Rubino <brubino@quible.com> Cc: Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov>; Haines, Andrew <andrew.haines@ncdenr.gov>; Rheubottom, Jeff <jeff.rheubottom@ncdenr.gov> Subject: RE: Broad Creek Marina and Breakwater Afternoon all — Attached are the instructions for the conference call on 4/20/16 at 10:00 to address the subject project. Any questions or problems, let me know. Louis 252-808-8147 From: Brian Rubino fmailto:brubino@guible.coml Sent: Thursday, April 14, 2016 1:00 PM To: Daniel, Louis <louis.daniel@ncdenr.gov> Cc: Jenkins, Shannon <shannon.ienkins@ncdenr.eov>; Spears, Courtney <courtnev.spears@ncdenr.eov>; Haines, Andrew <andrew.haines@ncdenr.eov>; Rheubottom, Jeff <ieff.rheubottom@ncdenr.gov> Subject: Re: Broad Creek Marina and Breakwater Thank you! Sent from my iPhone On Apr 14, 2016, at 12:02 PM, Daniel, Louis <louis.daniel@ncdenr.aov> wrote: I will work on a conference line. Sent from my iPhone On Apr 14, 2016, at 11:52 AM, Brian Rubino <brubino@quible.com> wrote: How about 10 am on wednesday the 20th? Shannon, are you able to facilitate a conference call -in? My phones are set up to call in 2 other lines, but i should be able to figure something out if need be. Thanks Sent from my iPhone On Apr 14, 2016, at 11:17 AM, Daniel, Louis <louis.daniel@ncdenr.gov> wrote: Before 2:00 is ideal for me. Louis Sent from my iPhone On Apr 14, 2016, at 11:10 AM, Jenkins, Shannon <shannon.!enkins@ncdenr.aov> wrote: Brian, Next Wednesday April 20`h works for us. Shannon From: Brian Rubino [mailto:brubino@guible.coml Sent: Thursday, April 14, 2016 10:56 AM To: Spears, Courtney <courtney.spears@ncdenr.eov>; Jenkins, Shannon <shannon.ienkins(a�ncdenr.gov>; Haines, Andrew <andrew.haines(aDncdenr.gov>; Rheubottom, Jeff <ieff.rheubottom@ncdenr.gov> Cc: Daniel, Louis <louis.daniel@ncdenr.gov> Subject: RE: Broad Creek Marina and Breakwater Shannon, I agree that we should be able to work this out through a phone conference. How would a Wednesday April 20`h call work for everyone? I can do any time that day. In know Doug is unavailable, but Courtney has indicated that would be an available day for her. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com <image001.png> LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Spears, Courtney [mailto:courtnev.spearsCa)ncdenr.govl Sent: Thursday, April 14, 2016 10:50 AM To: Jenkins, Shannon <shannon.ienkinsCZDncdenr.gov>; Brian Rubino <brubino@quible.com>; Haines, Andrew <andrew.haines(ancdenr.gov>; Rheubottom, Jeff <leff.rhe u bottom (a) ncden r.gov> Cc: Daniel, Louis <louis.daniel(@ncdenr.gov> Subject: RE: Broad Creek Marina and Breakwater Hello, Doug and I are both unavailable on Monday next week. For the remainder of the week Doug will be in Raleigh. I am available on Wed/Thurs. If either of those days are workable that would be great, otherwise I think the following week would be better for use. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev. soearsCa)ncdenr.00v 400 Commerce Avenue Morehead City, NC 28557 <image002.png> Email correspondence to and from this address is subject to the North.Carolina Public Records Law and may be disclosed to third parties. From: Jenkins, Shannon Sent: Thursday, April 14, 2016 10:45 AM To: Brian Rubino <brubino@auible.com>; Haines, Andrew<andrew.haines@ncdenr.aov>; Rheubottom, Jeff <!eff.rheubottom@ncdenr.gov> Cc: Huggett, Doug <doue.hueaett@ncdenr.eov>; Spears, Courtney <courtnev.soears@ncdenr.aov>; Daniel, Louis <louis.daniel@ncdenr.sov> Subject: RE: Broad Creek Marina and Breakwater Brian, I believe that any modifications that we need to discuss are simple enough that a phone conference may work (although we'd be glad to meet in person as well). Do you agree? If so, our first free slot would be Monday afternoon (perhaps 1:30pm?). If not, we're pretty flexible next week. Thanks Shannon From: Brian Rubino [mailto:brubino@auible.coml Sent: Thursday, April 14, 2016 9:05 AM To: Jenkins, Shannon <shannon.ienkinsA)ncdenr.gov>; Haines, Andrew <andrew.haines(ancdenr.eov>; Rheubottom, Jeff <igff.rheubottom@ncdenr.¢ov> Cc: Huggett, Doug <dOuz.hUaaett-@ncdenr.eov>; Spears, Courtney <courtnevsoears(ancdenr.¢ov> Subject: FW: Broad Creek Marina and Breakwater Gentlemen, Based on a conversation with Doug Huggett and an Courtney Spears from DCM last week, we have put the CAMA permit for Broad Creek Pier and Breakwater on temporary hold due to Shellfish and Sanitation concerns over the design. Mr. Huggett recommended to do this while we work out design elements with you that conform to mooring area rules. I thought we had a productive scoping meeting on August 27, 2015 and I appreciate your guidance and input from that meeting. I intended to submit a plan that conformed to the Shellfish and Sanitation requirements, but I am confident that we can now make appropriate adjustments with your assistance that also meet the Seafood Park's needs. I have attached the plan that was submitted. Please let me know what a good time to discuss this would be and feel free to email me any suggestions as well. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com <image001.png> LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Spears, Courtney [mailto:courtnev.soears@ncdenr.aovl Sent: Thursday, April 07, 2016 11:48 AM To: Brian Rubino <brubino@quible.com> Cc: Troy Murphy <tmurphv@guible.com>; Russell, Kelly <kelly. russe I I @ ncdenr.gov> Subject: RE: Broad Creek Marina and Breakwater Dear Mr. Rubino, This correspondence acknowledges your April 71^, 2016 email in which you indicated that your client, Bob Peele, wishes to place his CAMA Major Permit application in abeyance until issues with Shellfish Sanitation are resolved. Based on this request, processing of your application will be placed on hold 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), 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 (252) 808-2808, or by e-mail. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev.soearsi7a ncdenr.00v 400 Commerce Avenue Morehead City, NC 28557 <image006.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Rubino [mailto:brubino@guible.coml Sent: Thursday, April 07, 2016 11:26 AM To: Spears, Courtney <courtnev.spears@ncdenr.gov> Cc: Huggett, Doug <doua.hueeett@ncdenr.gov>; Troy Murphy <tmurphv@ouible.com> Subject: Broad Creek Marina and Breakwater Courtney, Based on the discussion between Doug Huggett, you and myself on Tuesday April 511, 1 would like to put the permit processing for the Broad Creek Marina and Breakwater project on -hold while we work through items of concern with Shellfish and Sanitation. Thanks for the assistance with this project and please keep us informed if you receive any other comments or determinations that may affect this project. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com <image001.png> LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Spears, Courtney From: Haines, Andrew Sent: Friday, May 20, 2016 11:06 AM To: Brian Rubino; Jenkins, Shannon Cc: Daniel, Louis; Spears, Courtney; Rheubottom, Jeff; Huggett, Doug; Peele, Robert J Subject: Re: Broad Creek Marina and Breakwater Hi Brian, Thanks for passing along this revised layout. We had a chance to review it this morning, and everything looks good on our end. Just to reiterate from our previous conversations, we will still be requesting that the following two items be included as conditions of the permit moving forward. 1) We would like for the permitted work on the "Gunboat" facility to be completed before moving forward on any work on this new facility. The current layout of the "Gunboat" facility was originally permitted under our exemption criteria, which allows a shellfish closure to be avoided if no boats over 24 feet or with cabins or heads use the docks. As currently operating, boats using the facility are exceeding those size criteria, so in order to avoid a shellfish closure, the redesigned facility including only 10 slips would need to be built. 2) We would like to include the condition that docking only occur in permitted spaces, so that we can avoid a situation where boats are tying up on the inside of the pier/walkway closer to the closure line. If you have any questions, don't hesitate to contact us, and we'll do what we can to help you out. Have a good weekend Andy From: Brian Rubino <brubino@quible.com> Sent: Wednesday, May 18, 2016 8:37:50 AM To: Jenkins, Shannon Cc: Daniel, Louis; Spears, Courtney; Haines, Andrew; Rheubottom, Jeff, Huggett, Doug; Peele, Robert J Subject: Re: Broad Creek Marina and Breakwater Thanks Shannon Sent from my iPhone On May 18, 2016, at 8:20 AM, Jenkins, Shannon <shannon.ienkins@ncdenr.sov> wrote: Brian, We will review the revised plan (regarding the Shellfish Sanitation marina aspect) soon and get back to you. We should be able to do this prior to end of business on Friday at the latest. Thanks Shannon From: Brian Rubino rmailto:brubino@auible.com] Sent: Tuesday, May 17, 2016 3:44 PM To: Daniel, Louis <louis.daniel@ncdenr.eov>; Jenkins, Shannon <shannon.ienkins@ncdenr.sov>; Spears, Courtney <courtnev.spears(a)ncdenr.gov>; Haines, Andrew <andrew.haines@ncdenr.eov>; Rheubottom, Jeff <ieff.rheubottom@ncdenr.gov>; Huggett, Doug <dous.huseett@ncdenr.aov> Cc: Peele, Robert J <bpeele@nccommerce.com> Subject: RE: Broad Creek Marina and Breakwater All, After our conference call on 4/20/2016, we developed a revised plan that is intended to address the regulatory/resources agency concerns related to Shellfish and Sanitation marina requirements and CAMA/DCM "usurpation of public trust' issues. One important major item that I would like to present is the ability to start the pier in a new location. Bob Peele was able to identify this after considering the usurpation issue at hand and current and proposed land use in the Seafood Park as well as projected leaseholds. Please see the draft revised plan attached. If this looks acceptable, we would like to take the project off -hold to resume the CAMA Major review. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 _ J G -- �ayCl9—IBC 63KA1YdJ—kVp�il' q}—�71$—LI — ujo SS --sZ�+ 'r—wF �d �ddVia' aaap'- J.ry..._"'ll�"° .91, sl t� aF )OP 9T i d�IyTdPrrJ-y h—�oa7�-�c�.�yP�-d2o71��.,rG-T7T ----------_.-�..-{orrd_�7c��'•� 5 5 �--r�paq—T,�zy---rve-y��— ti ,sII-�wr � — ----------.� .. ........ .. —j—T a ------------ Cj Coastal Management ENVIRONMENTAL OUALITV March 21, 2016 Mr. Brian Rubino Quible & Associates, P.C. P.O. Box 870 Kitty Hawk, NC 27949 Dear Mr. Rubino: PAT MCCRORY DONALD R. VAN DER VAART BRAXTON DAMS The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of the NC Seafood Industrial Park Authority for State approval for development of property located off Harbor Road in the Wanchese Seafood Industrial Park, Dare County, for the Broad Creek Pier System and Breakwater project. It was received complete on March 11, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 25, 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 March 11, 2016, 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 the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete a ion ELNED 'Nothing Compares - MAR 2 4 2016 State of North Carolina I FAwoarnental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 A ry 252-264-3901 1252.26A3723 [fate] D C� AA 1- M H D C i T Y Mr. Brian Rubino March 21, 2016 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Kelly Russell, Field Representative, if you have any questions and/or if you wish to receive a copy of her field report. Sincerely, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Kelly Russell, Field Representative, DCM, Elizabeth City Bob Peele, Director, NC Seafood Industrial Park Authority, Wanchese REC;1aJV EQ 2 4 2016 CIT`[ N.()_T'1(01'/1 CAMA PERM -IT APPLIED F R 101111110 7 PROJECT: The NC Seafood Industrial Park Authority proposes to construct a 226' by 8' walkway over wetlands, leading to a 1,812' by 8' fixed pier with 14, 20' by 6' finger piers creating 29 boat slips; a breakwater would be attached to the waterward side of the proposed pier. 04116116 �D THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW Bob Peele, Director Kelly Russell, Division of Coastal NC Seafood Industrial Park Management, 1367 US Hwy 17 Authority, P.O. Box 549, South, Elizabeth City, NC 27909 Wanchese, NC 27981 252-264-3901, ext. 233 252-473-5867 PAT MCCRORY 4orernnr' DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(a)thecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant DATE: 03/21 /16 SUBJECT: Public Notice: NCSIPA, Broad Creek BRAXTON DAVIS nrrecro. Please publish the attached Notice in the Sunday, March 27, 2016 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED MAR 2 4 2016 '�Nott'tngCompares"^- DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [15az1 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 03/11/16. The NC Seafood Industrial Park Authority proposes to construct a walkway over wetlands, leading to a fixed pier with 29 boat slips & a breakwater; structures will be located adjacent to Harbor Road, Broad Creek, in Wanchese, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 04/16/16, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, March 27, 2016 Received CCM-EC RE: Broad Creek Pier System and Breakwater NC Seafood Industrial Park Authority Wanchese, Dare County, North Carolina As Director of the Wanchese Seafood Industrial Park, I authorize Quible & Associates, P.C. to act as agent for the purpose of CAMA Permitting associated with the proposed Broad Creek Pier System and Breakwater. h;2,6 Authorized Signature Name: Bob Peeie Date RECEIV77) MAR 2 4 2j':3' DCM— Mhst; ■ 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: E- k.Jd�y�1TQ 5 �n 3tvsa /)I))) PIP UiDIVeu a-s-c- A. Signature ❑ Agent X vv ' r ❑ Addre B. Received by (Printed Nam C. Date of Deli �sS/`r D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No o[ervice Type i L�Certified Malt* ❑ Pdor"ty Mail Express' 1 ❑ Registered ❑ Return Receipt for Merchan, _ 111 11111 IIII111 IIII llliil ll IIII �lIIII IIIII���� 4. RestInsured Mil 13 Coiledricted icted Delivery? (Extraw) n elrve o Yes 2. Article Number - (Transferfromservlcefat 7013 1710 0000 2879 3090 PS Form 3811, July 2013 Domestic Return Receipt ■ 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: Po av » Agent B. R calved by (Printed Name) G. Date of DGlivr D. Is delivery address different fr item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. saryJEe Typo Gertitied Mail* ❑ Priority Mail Express" III I IIII�II IIII IIII IIIIII IIIIII IIII'I IIIIIIIII ❑ I ❑ Return Receipt for Marchand ❑ Insured nsuretl Mail ❑ Galled on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7013 1710 0000 2879 3113 (irensferYrom service label) PS Form 3811. July 2013 Domestic Return Receipt Received CCM-EC RECEIVED MAR 2 4 2016 DCM- MHD CITY Quible Quible & Associates, P.C. ENGINEERING • ENMRONMEMAL SCIENCES • PLANMNG • SUMVING SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED January 12, 2016 Etheridge Family Properties, LLC P.O. Box 69 Wanchese, NC 27981 RE: CAMA Major Permitting Broad Creek Pier System and Breakwater Lot 12 Wanchese Seafood Industrial Park Wanchese, Dare County, NC Sir/Madam: P.O. Drawer 870 My Now* NC 27949 Pixx,e: 252-491A147 Received webata.c� l' 3 2 ? 2" ':J, DCM-EC As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project primarily includes construction of a new pier/docking facility that contains 29 new boat slips accompanied with a breakwater. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mrs. Kelly Russell, 1367 U.S. 17 South Elizabeth City, NC 27909. Written comments must be received within 30 days of receiot of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible $ Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible( and Associates, P.C. Brian D. Rubino CC: Bob Peele, NC Seafood Industrial Park Director I have no objection to the project as proposed I have an objection to the project for reasons stated below 0A. Z II 02- 0y- /( Signature Date RECEJ\/ED MAR 2 4 W6 pCM. Wit) C1TY C Quible Quible & Associates, P.C. P.O. DoW 570 ICMy Hawk NC 27949 ENGINEERING • ENWIONMENTALSC1ENCES • PLANNING • SUWEYlNG PhC 252-491-8147 SPICE 1959 - For 252d91-8W Web: QNdbC CERTIFIED MAIL: RETURN RECEIPT REQUESTED January 12, 2016 Received Willie E. Daniels Jr Jan12 0 1016 3652 Mill Landing Rd Dc Wanchese, NC 2798981 Af.EliC RE: CAMA Major Permitting Broad Creek Pier System and Breakwater Lot 12 Wanchese Seafood Industrial Park Wanchese, Dare County, NC Mr. Daniels: As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project primarily includes construction of a new pier/docking facility that contains 29 new boat slips accompanied with a breakwater. Should you have comments to this proposal, please send your written comments to the CAMA Representative, Mrs. Kelly Russell, 1367 U.S. 17 South Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date below and return one copy of this letter to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and �Associates, P.C. q"'1/f Brian D. Rubino CC: Bob Peels, NC Seafood Industrial Park Director I have no objection to the project as proposed I have an objection to the project for reasons stated below Signature Date RECEIVED MAR 2 4 2016 DCM- MHD CITY _.•� O CD N ` Q n rn m U � (uvnrcsuc mau umy; no msc Far tlelivery information visit our Er t r` Poe® 0449 ti Cerbfiw Fee 04 $0.00 O ReNm Racelpl Fee (Endorsement Requlred) Postmark Here • $0.00 C3 C7 Restdcted OellveryFee (Erdorsement Required) C3 M1Total Postage 8 Feea 01 /14/2016 ri m-g�fp[Li- 0 o Poea.na. C"3 S`iP aneN ass l�C o r Er C3 m WANNE5Er WC 27981 o- r` Posw% 0449 CID04 N CedeiaolFee fQ.d4 C3ReNPostmarkm Recalpt Fee C3(Endorsement Requlrotl) Here O p flestricled Delivery Fee $0.00 (Endorsement Required) 0 rI Total Postage & Ffus� r 01/14/2016 rq m -.-r-illit T Oun�zj-4 beet, .Tb:: ---------------- ............................. rq 0 oPOBox�a.�laSa 111t1t �Lon,o„n.� Q sale: ziA.a ---------------------'-- 6w QA s6ir f�C, -t9 £r m MAJOR PERMIT FEE MATRIX Applicant: NC Seafood Industrial Park Authority — Broad Creek Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit 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 $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial ® development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied, II(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional RECEIVED review and written DWQ concurrence is needed MAR 2 4 201 because of concerns related to water quality or H aquatic life: CrVI- 1 � II(D). If General WaterQuality Certification No. $400 60%($240) 40%($160) 3490 (see attached) cannot be a lied:V. For development thatnvolves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: NC Division of Coastal Management 13 3 3G B C D Cashier's Official Receipt ', Date: �" 2 20 Received From: i3t-Sa, rn Permit No.: °�-> � P-g-rv�.�. — � Check No.: 3 S NC S4�SQa� S'wd�l Pork County: 'D0.t Applicant's Name: f / Q Project Address: Please retain receipt for your records as proof of payment for permit issued Signature of Agent or Applicant: < 2.e-amwi c Date: WY Signature of Field Representative: Date: 2 j:2 t co G 0 w aq U a t� 0. "'This is a word processing form to be completed in Microsoft Word"" C5 NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant:NC S j �_ Date:3/182016 Project Site County Staff: District: lizabeth City Washington ❑Morehead City []Wilmington Project Name: Bf Rover File: SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes No Photos Taken: Yes o❑ Setback Required (riparian): Yes o Critical Habitat: Yes QNo ❑Not Sure 15 foot waiver obtained: ❑Yes o Hazard Notification Returned: ❑Yes 00 SAV: Yes JpNo El Not Sure Shell Bottom: Yes 19illo []Not Sure Temporary Impacts: 0Yes 14,10 Sandbags: ❑Yes 194o El Not Sure Did the land use classification come from county LUP: Epes ❑No Mitigation Required (optional): ❑Yes 1pob Moratorium Conditions: Yes No []NA Environmental Assessment Done: ❑Yes Po ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) Ll High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina 0 (SY) Salt reed grass (Spartina attemifiora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemenanus) patens) APPLICATION FEE No fee required - $0.00 0 111(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major 0 Major Modification to a CAMA Major LJ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 U Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - $100 1JII. Public or commercial/no dredge and/or fill $400 RECEIVED - ❑ I. Private no dredge and/or fill - $250 III(C) Pdv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs MAR 2 4 2016 DWQ agreement - $400 DCM- NriHD U I Y 252-808-2808 :: 1-SSW4RCOA3T :: Www.nccosstalmananement.net revised: 02/15/10 NC Division of Co�ast/al Mgt. Application Computer Sheet, Page 2 of 3) Applicant: N(_�C�7p� )D}j, Date: 3/18/2016 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace Maint ❑ ❑ Y 4N OVA New Work Replace N( 1 Ment ❑ ❑ Y [VN e( New Work Maint❑ Replace ❑Y d'1 .� . New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work CF Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N RCCENED MAR 2 4 2016 A C M-, `: F 1 C i TY revised 02/15/10 f NC Division of Coastal Mgt. Application Computer Sheet, Pne 3 of 3) x'7 Applicant: i�C sC't Vim' Tjt,�l.. A4I wi Date: 3/18/2016 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. . Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Wojlr Dredge ❑ Fill ❑ Both ❑ Other 17� A� Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAR 2 4 2016 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaeement.net revised: 02116110