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
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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.
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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
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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
_
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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
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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
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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