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HomeMy WebLinkAbout48-16 NC Seafood Industrial Park AuthorityPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229, Permit Number 48-16 Issued to NC Seafood Industrial Park Authority, c/o O'Neals Seafood PO box 549 Wanchese NC 27981 Authorizing development in in Wanchese 8/16. Dare County at adj. to Mill Landing Creek/Basin, Harbor Road as requested in the permittee's application dated 2/18/16 including attached drawing dated This permit, issued on April 27, 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 ce subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Expanded Docking Facility 1) This permit authorizes only the floating dock, tie piles, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the expanded docking 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. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other 'qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered ;hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your ,project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Z Biffton C. Davis, Director ,vision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee O'Neals Seafood Permit No. 48-16 Page 2 of 2 ADDITIONAL CONDITIONS 3) This permit authorizes a maximum of six (6) formalized boat slips. -4) 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. 5) 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 them visible during hours of darkness or inclement weather. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. General 7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 8) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 9) 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. 10) 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. 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 by way of Programmatic General Permit 198000291 and assigned SAW-2016-00850, which was issued 4/27/16. -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. 2016-0272. 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. T DIVISION OF COASTAL MANAGEMENT Application Processing Notes Type: (check all that apply) New Major Mod_ Permit#_ Minor Mod Renewal Transfer. Permit Coordinator: - Field Representative Date Time Message 4P ;r cam ftuA L1zk/(ie Cw�ulce� �e.�ss-cll kbmf �e � v�W or. bY`GUA SAAt d aif -6Y T e.vte" 4 I Z(e/1 k lug UvK� rnvv� w . Shzwldl (,r. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Seafood Industrial Park Authority- Wanchese; O'neals Seafood 2. LOCATION OF PROJECT SITE: Harbor Rd, Wanchese, Dare County on Mill Landing creek/basin Photo Index — 2006: 183-7197 (R,8) 2000: 183-2132 (7 1995: 183-1892 (1,7) FyLICEIVED State Plane Coordinates - X: 3000555 Y: 778972 MAR 15 2016 3. INVESTIGATION TYPE: CAMA DCM- MHD CITY 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Feb. 23, 2016 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete — Feb. 22, 2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved. EW, PTA (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing —none Planned - none (F) Type of Structures: Existing — metal commercial buildings, concrete bulkhead, concrete dock, fixed pier and concrete boat ramp Planned - floating dock, (G) Estimated Annual Rate of Erosion: none Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Estuarine Shoreline (B) EW, PTA 1308 sq ft shaded (D) Total Area Disturbed: 1308 sq ft (E) Primary Nursery Area: no (F) Water Classification: SA Open: no 8. PROJECT SUMMARY: The applicant proposes to construct a new floating dock with two new boatslips. Field Investigation Report Page 2 Proiect Settin The site of the proposed development is at 622 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 Wanchese Harbor that connects to Mill Creek and the Pamlico Sound. The project site consists two contiguous lots 28A and 29A totaling 38,898 sq ft (.9 acres) within the seafood park. Elevation of the tract is approximately 6 ft above normal water level. There currently is very little vegetation on the tract just small areas of typical lawn grasses. Existing structures on the property include 5 commercial metal buildings used for a seafood business, a concrete bulkhead, a concrete dock with a fixed pier and a concrete boatramp. Adjacent properties are also developed with commercial marine structures. The waters of Mill Creek along the area of the applicant's property are approximately 20 ft deep and closed to shellfish harvesting and are classified as SA waters by the Division of Environmental Management. There are no known archeological sites associated with the applicant's property. Development Proposal The applicant proposes to construct a 6 ft by 48 ft floating dock with two new boat slips, one slip measuring 16 ft by 30 ft and the other 18 ft by 30 ft. The construction of the new boatslips will involve adding nine tie pilings. The new floating dock will be positioned so that 8 ft of its length will be in front of or blocking the existing boat ramp. The existing ramp is not currently being used regularly. The applicant proposes that if the entire width of the ramp is temporarily needed in the future the floating dock can be moved slightly or removed to facilitate the use of the ramp. The purpose of the project is to provide better docking for commercial seafood boats to offload their catch. . Anticipated Impacts The proposed project will result in the shading of 1,308 sq ft of Public Trust Area and Estuarine Waters Areas of Environmental Concern with the new floating dock and boatslips. The facility currently has 4 boatslips and is proposing to add 2 more for a total of 6 boatslips. Temporary water turbidity will occur in the project area during construction. Kelly Russell March 2, 2016 Medved Lot 28A/Lot 29A- O'Neals Seafood Docking Facility Wanchese Seafood Industrial Park �� 2i11fi CAMA Major- Project Narrative 2/17/2016 Existing Conditions The project site is located on Lot 28A and 29A on Harbor Road and owned by the N.C. Seafood Industrial Park Authority (Seafood Park) in Wanchese, Dare County, North Carolina. O'Neal's Sea Harvest Inc., the current tenant, has a long term lease on the property. The parcel of land (Lot 28A/29A) is located on Wanchese Harbor The upland portion of the -property is dominantly covered with concrete and gravel with several metal buildings. O'Neal's Sea Harvest Inc. uses both lots 28A and 29A for their operations as a seafood processing and packaging company, with restaurant/market building at the front of the property. There are three large building lots 28A and 29A with three large outdoor refrigerator structures on the waterward end of the property along with two large fuel tanks. Under CAMA Major Permit 145-05, a bulkhead, new concrete wharf, and timber dock were constructed on -lot 28A in 2005. Also under 145-05, a heavier duty concrete boat ramp was constructed on lot 29A. This ramp was built with a higher density due to its intended use by the Division of Marine Fisheries for loading and unloading oyster reef materials. Located to the West of the O'Neal's is Baylis Boatworks, a large scale boat builder. The Baylis's property is dominated by concrete surfaces and large metal buildings. This lot is bulkheaded with a boat ramp, dock and slips. To the East is Joe's Marine Service a boat maintenance and repair business. This lot consists of concrete surfaces and a metal building. This lot is bulkheaded with a small floating dock with slips. Proposed Work Currently proposed work requiring CAMA permitting includes construction of a 6ft x 48 LF floating dock with two new boat slips, one slip measuring 16ft x 30ft and the other 18ft x 30ft. One Existing slips will be improved through this project. The proposed pier is to begin on lot 28A at the end of the existing concrete dock, and extend parallel to the existing bulkheaded shoreline into Wanchese Harbor in a westerly direction into lot 29A. Nine tie pilings are proposed to be placed within the dimensions of the slips. An approximate 8ft section of the new floating dock is to pass in front of the existing boat ramp on Lot 29A. The,full width of the existing ramp is not currently used by O'Neal's, so the proposed floating dock will not inhibit their use of the ramp. If there is the need to utilize the entire width of the ramp in the future, the floating pier can be temporarily or permanently removed. Need O'Neal's Sea Harvest is looking to add more docking to their existing facilities to allow for two more commercial fishing vessels to dock and unload in an efficient manner. This would allow O'Neal's to increase their productivity by having more slips for commercial vessels to dock at their property. DCM MP-11 F'q �? 2 21115 APPLICATION for�� Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information .e ,. .. .. Business Name e Project Name (if applicable) N.C. Seafood Industrial Park Authority-Wanchese O'Neals Seafood Applicant 1: First Name MI Last Name Bob Peale; Director Applicant 2: First Name MI Last Name it additional applicants, please attach an additional page(s) 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@nceommerce.com 2r ggent/l;ontractor`Information Business Name Ouible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ 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 - 26.1 - 3300 ext. - — ext. FAX No. Contractor a Street Address (if different from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email brubino@quible.com <Form continues on baclo 252.808.2808 :: 1-888.4.RC®AST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) Received APPLICATION for FEB 2 2 2118 Major Development Permit 3._ ;Project Location ` D County (can be multiple) Street Address State Rd. # Dare 622 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. 6, 28A, 29A, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Wanchese Harbor (Mill Landing Creek basin) c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural ®Manmade ❑Unknown 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 (scift) aprox. 261.5 feet Seafood Park: 54 acres (2,352,223 sf) / Lot 28A: 0.313 acres (13,634.28 at) / Lot 29A: acres 0.58 (25,264.8 sf) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Lot 28A, Lot 29A, NWL (normal water level) (If many lot sizes, please attach additionalpage with a list) 6' ❑NHW or®NWL e. Vegetation on tract Minimal landscape type grasses f. Man-made features and uses now on tract Metal buildings used for O'Neals Seafood Company operations, concrete bulkhead, concrete dock with a fixed pier extending into Wanchses harbor with boat slips and a large concrete boat ramp. g. Identify and describe the existing land uses ad acent to the proposed project site. Commerical fishing opertaions and various general industrial uses 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> 252-808.2808 :: 1.888.411COAST :: www.ncccastalmana Sement.net Form DCM MP-1 (Page 3 of 4) FE9 v 2 'i01:5) APPLICATION for . . Major Development Permit fiTUTYR fl RIE m. (i) Are there wetlands on the site? []Yes ®No (il) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, it avaiMble) 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 /mpacs a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed floating dock and slips will provide docking facilities for commercial 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. Piles to be driven with a vibrating hammer from a barge. Material and equipment is to be kept on -site. d. List all development activities you propose. Construction of a 6' wide by 48' LF long floating pier with new two slips. One slip 18' x 30' and the other 16' x 30' . The proposed floating pier will connect to the exisiitng concrete fixed pier on lot 28A . e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 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. There is no new proposed impervious cover or runoff. i. Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> 252.808.2808 :: 11-888.41IRCOAST :: www. nc eoasta l management. net 9 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed applicat/on form, �(MP-1) the following items below, if applicable, 'must be submitted in order for the application package 'to be complete. Items (a) — (f) are. always applicable to any major development application. Please consult the applioation instruction booklet on how to properly prepare the required items below.. - -' - a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? It previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Etheridge Family Properties, LLC. - - - - Phone No. - Address PO Box '69'Wanchese_ NC: 27961, " Name Willie E. Daniels Jr. Phone No. Address 3652 Mill Landing Rd Wanchese, NO 27981 Name" ^ -.:.. _ _ - - .. Phone No. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Blanket DWQ SWMP SW7000323 8/29/2000 CAMA Major Permit 145-05 In. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7.' Cert►fication,and'PermlS§ion 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. Date Print Name BOB PEELE Q., Me VAs3Oc• ,t? C Signature Please indicate application attachments pertaining to your proposed project. Received ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts [Ell 2 a101+5 ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information DMEC 252.808-2808 :: I-888-411COAST :: www.nccoa sta[manacgement. net Received Form DCM MP-4 STRUCTURES H:13 22 [[2�9oo (Construction within Public Trust Areas) D�PM-E C 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, ❑This section not applicable a. (i) Is the docking facility/marina: b. (!)Will the facility be open to the general public? ®Commercial ❑Public/Government ❑Private/Community []Yes ®No c. (1) Dock(s) and/or pier(s) (ii) Number 1 (Ili) Length 48 LF (iv) Width 6 ft (v) Floating ®Yes ❑No e. (1) Are Platforms included? ❑Yes ®No If yes: (ill Number _ (Ili) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 2 (ill Number of slips existing 4 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: 40 ft m. (i) Will the facility have tie pilings? ®Yes []No (ill If yes number of tie pilings? 9 d. (i) Are Finger Piers Included? []Yes ®No If yes: (II) Number (ill) Length (iv) Width _ (v) Floating ❑Yes []No f. (1) Are Boatlifts included? []Yes ®No If yes: (ill Number (ill) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 2 new/ 4 existing ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: existing ramp ❑ Other, please describe: J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 30-45' commercial fishing vessels I. (1) Will the facility be open to the general public? []Yes ®No 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaaeument.net revised: 12/27/06 ao�e�6aet6ea Fbruaa TUC('.II 5111P-4 (Structures, Page 2 rot 4) • FF8 2,' 21111li i 2. DOCKING FACILITY/MARINA. OPERATIONS DMU, ❑This section not applicable. a. Check each of the following sanitary facilities that will be included in the proposed project. ® Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: 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 (if) Give the location and number of "Pumpout Available" signs proposed. N/A - I. 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? 252.808-2808 :: 9.888.4RCOAST :: wwwmccoastalmanapement.net revised: 12/27/06 I,Form 0CM (lf)M (styuctures: Pago 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? FEB 2 [ Cbib ❑Yes ®No [��j n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Cp —EC , ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. NA 3 BOATHOUSE (in`ciudirig covered Efts) : ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4 GROIN (e g wood sheetpile dic. 7f a rockgroin, use MP-2,'Excavation and Fill) ®This section not applicable a. (I) Number (Ii) Length (III) Width _ a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the stmcture(s): ❑Commercial ❑Public/Government ❑Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Are of the swing _ b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) "7 GENERAL 252-808-2808:: 1.888=4RCOAST:: vvvvvv.nccoastaImanamement.net revised: 12127/06 l a. Proximity of structure(s) to adjacent riparian property lines There are no established adjacent riparian property lines in the Wanchese Seafood Park Harbor. b. Proximity of structure(s) to adjacent docking facilities. -22 feet to the West and -158 feet to the East Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 542 feet 20 feet e. (1) 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 OTHER ®This section not applicable a. Give complete description: Z�j012ofb e.6 Pa0-kr2. JxrgOor 'Applicant,Signature " R FEB 2 2 252-808-2808 :: 1.888.4RCOAST :: wvvw.nccoastalmane-gement.not eevisedi 12/27/06 9 m F DCM Coordinator: $C6W Permit #: IN "( ( MAILING DISTRIBUTION SHEET Permite# Oadk hG/1. py I Agents: #'�M blip.- ti h- LX. �a �j 'Ir ldgj�i. �'� �t�X 0-77) {'t-i 71 I a CU t J�%C DCM Field Offices Itizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Ral"Blanc William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARD) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon,Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater; Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn '1 LPO: Fax Distribution: Permitee Agent #:. Coastal Management ENVIRONMENTAL QUALITY April 27, 2016 N.C. Seafood Industrial Park Authority P.O. Box 549 Wanchese, N.C. 21981 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS I I3A-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, v Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T cy DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Seafood Industrial Park Authority- Wanchese; O'neals Seafood 2. LOCATION OF PROJECT SITE: Harbor Rd, Wanchese, Dare County on Mill Landing creek/basin Photo Index — 2006: 183-7197 (R,8) 2000: 183-2132 (H,7) 1995: 183-1892 (1,7) State Plane Coordinates - X: 3000555 Y: 778972 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Feb. 23, 2016 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete — Feb. 22, 2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved EW, PTA (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing —none Planned - none (F) Type of Structures: Existing — metal commercial buildings, concrete bulkhead, concrete dock, fixed pier and concrete boat ramp Planned - floating dock, (G) Estimated Annual Rate of Erosion: none Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Estuarine Shoreline (B) EW, PTA 1308 sq ft shaded KtUtIVtu (D) Total Area Disturbed: 1308 sq ft (E) Primary Nursery Area: no MAR 0 9 2016 (F) Water Classification: SA Open: no DCM- MHD CITY 8. PROJECT SUMMARY: The applicant proposes to construct a new floating dock with two new boatslips. Field Investigation Report Page 2 Project Settin The site of the proposed development is at 622 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 Wanchese Harbor that connects to Mill Creek and the Pamlico Sound. The project site consists two contiguous lots 28A and 29A totaling 38,898 sq ft (.9 acres) within the seafood park. Elevation of the tract is approximately 6 ft above normal water level. There currently is very little vegetation on the tract just small areas of typical lawn grasses. Existing structures on the property include 5 commercial metal buildings used for a seafood business, a concrete bulkhead, a concrete dock with a fixed pier and a concrete boatramp. Adjacent properties are also developed with commercial marine structures. The waters of Mill Creek along the area of the applicant's property are approximately 20 ft deep and closed to shellfish harvesting and are classified as SA waters by the Division of Environmental Management. There are no known archeological sites associated with the applicant's property. Development Proposal The applicant proposes to construct a 6 ft by 48 ft floating dock with two new boat slips, one slip measuring 16 ft by 30 ft and the other 18 ft by 30 ft. The construction of the new boatslips will involve adding nine tie pilings. The new floating dock will be positioned so that 8 ft of its length will be in front of or blocking the existing boat ramp. The existing ramp is not currently being used regularly. The applicant proposes that if the entire width of the ramp is temporarily needed in the future the floating dock can be moved slightly or removed to facilitate the use of the ramp. The purpose of the project is to provide better docking for commercial seafood boats to offload their catch. Anticipated Impacts The proposed project will result in the shading of 1,308 sq ft of Public Trust Area and Estuarine Waters Areas of Environmental Concern with the new floating dock and boatslips. The facility currently has 4 boatslips and is proposing to add 2 more for a total of 6 boatslips. Temporary water turbidity will occur in the project area during construction. Kelly Russell March 2, 2016 DCM MP-1 Receriea ,h " Fr9 2 2 lot - APPLICATION for pCM-EC Major Development Permit 1 "-4 (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) N.C. Seafood Industrial Park Authority-Wanchese O'Neals Seafood 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 (W different from above) City State ZIP 615 Harbor Road JWancheise NC 27981- Email bpeele O nccommerce.com 2. Agent(Contractor Information Business Name Quible R Associates, P.C. Agent( Contractor 1: First Name MI Last Name Brian D Rubino Agent/ 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 - 26.1 - 3300 ext. — ext. FAX No. Contractor # Street Address (if different from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email brubino0quible.com <Form continues on back> MAR 9 Z016 r%r%t%A- MHO CITY 252.808.2808 .. 1-888-4RCCAST .. www.nccoastaimanagement.net At ,! 1,aIT Lot 28A/Lot 29A- O'Neals Seafood Docking Facility Wanchese Seafood Industrial Park CAMA Major- Project Narrative 2/17/2016 FEB 2 2 2i6 Existing Conditions The project site is located on Lot 28A and 29A on Harbor Road and owned by the N.C. Seafood Industrial Park Authority (Seafood Park) in Wanchese, Dare County, North Carolina. O'Neal's Sea Harvest Inc., the current tenant, has a long term lease on the property. The parcel of land (Lot 28A/29A) is located on Wanchese Harbor The upland portion of the property is dominantly covered with concrete and gravel with several metal buildings. O'Neal's Sea Harvest Inc. uses both lots 28A and 29A for their operations as a seafood processing and packaging company, with restaurant/market building at the front of the property. There are three large building lots 28A and 29A with three large outdoor refrigerator structures on the waterward end of the property along with two large fuel tanks. Under CAMA Major Permit 145-05, a bulkhead, new concrete wharf, and timber dock were constructed on lot 28A in 2005. Also under 145-05, a heavier duty concrete boat ramp was constructed on lot 29A. This ramp was built with a higher density due to its intended use by the Division of Marine Fisheries for loading and unloading oyster reef materials. Located to the West of the O'Neal's is Baylis Boatworks, a large scale boat builder. The Baylis's property is dominated by concrete surfaces and large metal buildings. This lot is bulkheaded with a boat ramp, dock and slips. To the East is Joe's Marine Service a boat maintenance and repair business. This lot consists of concrete surfaces and a metal building. This lot is bulkheaded with a small floating dock with slips. Proposed Work Currently proposed work requiring CAMA permitting includes construction of a 6ft x 48 LF floating dock with two new boat slips, one slip measuring 16ft x 30ft and the other 18ft x 30ft. One Existing slips will be improved through this project. The proposed pier is to begin on lot 28A at the end of the existing concrete dock, and extend parallel to the existing bulkheaded shoreline into Wanchese Harbor in a westerly direction into lot 29A. Nine tie pilings are proposed to be placed within the dimensions of the slips. An approximate 8ft section of the new floating dock is to pass in front of the existing boat ramp on Lot 29A. The full width of the existing ramp is not currently used by O'Neal's, so the proposed floating dock will not inhibit their use of the ramp. If there is the need to utilize the entire width of the ramp in the future, the floating pier can be temporarily or permanently removed. Need O'Neal's Sea Harvest is looking to add more docking to their existing facilities to allow for two more commercial fishing vessels to dock and unload in an efficient manner. This would allow O'Neal's to increase their productivity by having more slips for commercial vessels to dock at their property. Form DCM MP-1 (Page 2 of 4) Received FF 2 2 """'.'.i APPLICATION for Major Development Permit a 3. Project Location DMEC County (can be multiple) Street Address State Rd. # Dare 622 Harbor Road 1140 Subdivision Name City State Zip Wanchese Seafood Industrial Park Wanchese NC 27981 - Phone No. Lot No.(s) (J many, attach additional page with list) 252-473-5867 ext. 6,28A,29A, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Wanchese Harbor (Mill Landing Creek basin) c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown 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.) aprox. 261.5 feet Seafood Park: 54 acres (2,352,223 sf) / Lot 28A: 0.313 acres (13,634.28 sf) / Lot 29A: acres 0.58 (25,264.8 sf) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Lot 28A, Lot 29A, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6' ❑NHWor®NWL e. Vegetation on tract Minimal landscape type grasses f. Man-made features and uses now on tract Metal buildings used for O'Neals Seafood Company operations, concrete bulkhead, concrete.dock with a fixed pier extending into Wanchses harbor with boat slips and a large concrete boat ramp. RECEIVE g. Identify and describe the existing land uses addacen to the proposed project site. Commerical fishing opertaions and various general industrial uses MAR 0 9 2016 - DCMMHp 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) SYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a []Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> Y 252-808.2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Fc9 2::' 2p;il Major Development Permit f✓ m. (1) Are there wetlands on the site? (if) Are there coastal wetlands on the site? ❑Yes ®No ❑Yes ®No (111) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if 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 W anchese 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 ❑Public/Govemmenl ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed floating dock and slips will provide docking facilities for commercial 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. Piles to be driven with a vibrating hammer from a barge. Material and equipment is to be kept on -site. d. List all development activities you propose. Construction of a 6' wide by 48' LF long floating pier with new two slips. One slip 18' x 30' and the other 16' x 30' . The proposed floating pier will connect to the exisiitng concrete fixed pier on lot 28A . e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 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. There is no new proposed impervious cover or runoff. 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 V G` If yes, attach a mitigation proposal. ` <Form continues on back> 252.808-2808 .. 1-888.4RC®AST . www.nccoastalmanagem Form DCM MP-1 (Page 4 of 4) APPLICATION for 6 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) - (f) are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site 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. .a. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Etheridge Family Properties, LLC Phone No. , Address PO Box 69 Wanchese NC 27981 Name Willie E. Daniels Jr. Phone No. Address 3652 Mill Landing Rd Wanchese, NC 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 CAMA Major Permit 145-05 h. Signed consultant or agent authorization form, if applicable. I. Welland 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 The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name BOB PEELE g�� oln R„tb+no r %9ant QwMe EAsIO L. P. C Signature 9MAL\ 2'+0I?.o1� Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM I��$/idgpa and. lygrts ❑DCM MP-3 Upland Development R e CE [ `/ t D ®DCM MP-4 Structures Information MAR 0 9 2016 DCM- MHD CITY Received FLED 2 0a HIS DMEC 252.808.2808 :: 1.888-4RCOAST :: www. nccoastalmana gem ant. net Received Form DCM MP-4 STRUCTURES (F�. 23 (Construction within Public Trust Areas) 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. (i) Is the docking facility/madna: ®Commercial ❑Public/Govemment ❑Pdvate/Community c. (i) Dock(s) and/or pier(s) (li) Number 1 (III) Length 48 LF (iv) Width (v) Floating ®Yes []No e. (i) Are Platforms included? []Yes ®No If yes: (11) Number _ (III) Length IN) Width (v) Floating []Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed 2 (if) Number of slips existing 4 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: 40 ft m. (i) Will the facility have tie pilings? ®Yes [--]No (ii) If yes number of be pilings? 9 ❑This section not applicable b. (f) Will the facility be open to the general public? []Yes ®No d. (!)Are Finger Piers included? ❑Yes ®No If yes: (11) Number (III) Length (iv) Width (v) Floating ❑Yes ❑No f. (1) Are Boadifts included? ❑Yes ®No If yes: (11) Number _ (III) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 2 new/ 4 existing ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: existing ramp ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 30.45' commercial fishing vessels RECE�v MPR 0 g 1p\6 I. (1) Will the facility be open to the ger ? WAD C�J*4 []Yes ®No 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06 1 Porm VIM MP-4 (Structures, Page 2 of 4) e%wWnr W0%a FG8 2 2 UM cS 12. DOCKING FACILITY/MARINA OPERATIONS WIL& MI'CU ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ® Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: 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 (if) Give the location and number of "Pumpout Available" signs proposed. N/A I. 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? RECEIVED DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST n wwwmccoastalmananement.net revised: 12/27106 Dorm DCM MP-4 (Structures, Page 3 of 4) Received in. Is the marina/docking facility proposed within a primary or secondary nursery area? F "71 ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DCiVI-EC ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ 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 (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ti) Length (III) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL VO ��G O 9 tip16 b. Number d. Description of buoy (color, inscription, size, anchor, etc.) i 252-808-2808 u 1-888-4111COAST :: www.nccoastalmananement.net revised: 12/27/06 0 �fj 3orro ®CNIL MP-4 (Structures, Page 4 of 4) 037 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 542feet e. (1) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be Implemented. b. Proximity of structure(s) to adjacent docking facilities. -22 feet to the West and -158 feet to the East d. Water depth at waterward end of structure at NLW or NWL 20 feet & OTHER ®This section not applicable a. Give complete description: A'lei 'Lo1(o F[92 J; Date DCM-EC Project Name NL S¢af000( �J/ ci")ir;�k PLrK /Q"Or;-',j "r)'. (doh Pez1e e9',r'e0 o r App' t aU"' - gr'rar, Applicant Signature QN At)et RECEIVED MAR 0 9 2016 DCM- IVIHD CITY 252-808-2808 c 1.888.4RCOAST :: vvvvw.nccoastalmanaaement.net revised: 12/27/06 wk 4 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. County: Dare LOCATION OF PROJECT: Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese DATE APPLICATION RECEIVED COMPLETE BY FIELD REP_ FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Kelly Russell V p n DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW:+.� y S Date: B) DATE RECEIVED BY MAJOR PERMITS UNIT:— FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 03/09/16 END OF NOTICE DATE: Comments due: 03/29/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 5 ON: 1 L C) 75 DAY DEADLINE: 05/07/16 MAIL OUT DATE: Circulation: 03/07/16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE. 150 DAY DEADLINE: STATE DUE DATE: Comments due: 03/28/16 FED COMMENTS REC'D: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative `T W ' SI S I Coastal Management - LUP Consistency 3 JIB Ili X GO I Stmt- Division of Community Assistance ((� %� 1Q G Land Quality Section--DEMLR DWR/DWQ- Aquifer Protection '3 Vl0UfY1 tN� DWR/DWQ - Storm Water DWR - Public Water Supply ho co M M4+ State Property Office 'Unfilp VX0 GOMWAyf Division of Archives & History —Cultural Res. 3 x a M M" Division of Env. Health —Shellfish Sanitation 110 cc mmylt- Division of Highways --DOT 3 n N no Mi9cfi0ki Wildlife Resources Commission �j 7[ tft IyI E `gi Local Permit Office/Planning Dept. X DMF—DCM Fisheries Resource Specialist 7j I ( i VW1�M Corps of Engineers r - t� PAT MCCRORY Gcrec� DONALD R. VAN DER VAART sum. Coastal Management ENVIRONMENTAL OVALITY MEMORANDUM TO: Courtney Spears, Assistant Major Permits Coordinator THROUGH: Frank A. Jennings, III, District Manager 1i4q FROM: Kelly Russell, Field Representative DATE: April 21, 2016 BRAXTON DAVIS Doorto, SUBJECT: NC Seafood Industrial Park Authority for O'neal's Seafood Major Permit Recommendations The applicant proposes to construct a new floating dock with two new boat slips. The site is located at Harbor Rd Wanchese, Dare County. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The applicant proposes to construct a floating dock with slips. RECEIVED -^"Nothing Compares APR 2 5 2016 Stare of North Carolina I Environmenrel Quality I Coastal Management 1367 US Hw252-264-39DI 132- 64-37 3 [fax]] DC M- M H D CITY t'? North Carolina Department of Environmental Quality Division of Coastal Management 07H.0207 Public Trust Areas MEMORANDUM Page 2 of 4 Date (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The development proposal is consistent with the intent of this rule. 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraphs (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. (2)(A) the location, design and need for development, as well as the construction activities involved be consistent with the stated management objective. (B) no suitable alternative site or location outside of the AEC exists for the use of development. It further states, "that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland, shellfish bed, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers. (C) the development shall not violate water and air quality standards. (D) no major or irreversible damage to valuable documented archaeological or historic resources. (E) development shall not measurably increase siltation. (F) development shall not create stagnant water bodies. (H) development shall not impede navigation or create undue interference with access to, or use of, PTA or EW. Consistent: The proposed development is consistent with the intent of these rules. Paragraph (6) Piers and Docking Facilities RECEIVED APR 2 5 2016 (6) Piers and Docking Facilities. D C M" M H D CITY c5 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 4 Date (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; (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; (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; (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; (E) The total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; (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; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); (ii) not extending into the channel portion of the water body; and (iii) not extending more than one-fourth the width of a natural water body, or humanmade canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. RECEIVED (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length lo*Rr2 5 2016 than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Measurements to determine lengths shall be made from the waterward edge of any cT)1VM _ M H D CITY wetland vegetation that borders the water body; (I) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The minimum setback provided in the I North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 4 Date rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co -applicants. If the adjacent property is sold before construction of the pier or docking facility commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the pier. Application of this Rule may be aided by reference to the approved diagram in 15A NCAC 07H .1205(t) illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management. When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable as determined by the Director of the Division of Coastal Management; and (J) Applicants for authorization to construct a pier or docking facility shall provide notice of.the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The proposed development is consistent with the intent of these rules. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to NC Seafood Park Authority for O'neal's Seafood as proposed with the standard permit conditions. C5 r Coastal Management ENVIRONMENTAL QUALITY March 7, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY cowmor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Dimaor 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/O'Neal's Sea Harvest Inc. Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Proposed Project: Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16 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, ext. 233. 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. SIGN DATE RECEIVED -'-'Nothing Compares State of North Carolina I Eirvironrnental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264.3723 [fail MAR 17 2016 DCM- MHD CITY PAT MCCRORY DONALD R. VAN DER VAART Secrm,rr BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal anagement FROM: Charlan Owens, ICP, District Planner Division of Coastal Management SUBJECT: Major Permit Request by NC Seafood Industrial Park Authority / O'Neal's Seafood Harvest, Inc., to install a 6 foot wide by 48 foot long floating dock and nine (9) tie pilings to create two (2) boat slips within a manmade basin that adjoins Mill Landing Creek; at 622 Harbor Road, in Wanchese, Dare County. DATE: March 14, 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 off the Roanoke Sound. Lots 28A and 29A within the park have a combined area of .9 acre and 262 linear feet of shoreline along the basin. The lots are located approximately 6 feet above Normal Water Level (NWL). Little or no vegetation exists on the lots. The water depth in the basin immediately adjacent to the lots is approximately —20 feet. Existing site improvements consists of five (5) commercial metal buildings used for a seafood business. Existing shoreline improvements consist of a concrete bulkhead, concrete dock with fixed pier, and a concrete boat ramp. Installation of a 6 foot wide by 48 foot long floating dock and nine (9) tie pilings to create two (2) boat slips is proposed. The dock will be located directly west of the concrete dock and will be positioned so that approximately 8 feet of its length blocks the concrete boat ramp. According to the applicant, the ramp is not regularly used and, if needed, the floating dock will be moved slightly or removed to facilitate use of the ramp. The waters of Mill Creek are classified as SA and are closed to shellfish taking. There are no known archaeological resources associated with the property. Anticipated Impacts resulting from this project are expected to include: the shading of 1,308 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC). RECEIVED MAR 17 2016 ^'Nothing Compares DC M- M H D CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 4 Basis for Determination: The Dare County Land Classification Village". As indicated on Page 217, the of Environmental Concem (AECs). Map identifies the subject property as "Community "Conservation" designation applies to all CAMA Areas 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." 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." RECEIVED -'"'Nothing Compares.- MAR 17 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 C M- M H D CITY 252-264.3901 (5 North Carolina Department of Environmental Quality Division of Coastal Management 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. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Water Quality: 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..." -'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 MEMORANDUM Page 3 of 4 RECEIVED MAR 17 2016 DCM- MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management 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..." 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." Cs MEMORANDUM Page 4 of 4 RECEIVED MAR 17 2016 —51"NothingComparesDCM- 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 Coastal Management ENVIRONMENTAL QUALITY March 7, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Goremor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dimclor Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16 to Courtney Spears, Assistant Mai or 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, ext. 233. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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 � RECEIVED � C— DATE 3 - /� - 6 WAR-1 4 2016 "Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M— M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 I 252-264-39011252-264-3723 [fax] Water Resources ENVIRONMENTAL QUALITY March 7, 2016 MEMORANDUM: To: Courtney Spears Assistant Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 PAT MCCRORY Governor DONALD R. VAN DER VAART secretary S. JAr{ RMAN I OED MAR 15 2016 DCM- MHD CITY From: Clif Whitfield, Environmental Engineer, PWSS/WaRO Subject: CAMA Permit Application Review Applicant: NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Project Location: Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Proposed Project: Floating dock with 2 new boat slips 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 3-10-2016 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 252 946 6481 1 Fan 252 948 0040 1 w .ncwatu.org/pws/ Coastal Management ENVIRONMENTAL QUALITY March 7, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary RE!t4gTON DAVIS IVEumdo MAR 08 2016 STATE PROPERTY OFFICE Tim Walton, Manager State Property Office Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Proposed Project: Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16 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, ext. 233. When appropriate, in-depth comments with supporting data are requested. REPLY: ev OLW 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. RECEIVED ,, A,' MAR 2 8 2016 (. \ SIGNED \ MAU- DATE � ! s � � ., e M � , nn- M1wnDC![„- Y -'Nothing Compares State of North Carolina I Envuomnental Quality I Coastal Management 1367 US Hwy 17 South I E16abeth City, NC 27909 252-264-39011252-264-3723 [ful GS Coastal Management EWY100N"afi,TAL t IlAt+l V' \March 7, 2016 MEMORAND111\4 TO: FROM: SUBJECT: Applicant:. Project Location: DONALD-R. t t.^ Renee Gledhill-liarly NC Department of Cultural Resources Doug Iluggett. Major Permits.Coordinator Division of Coastal Management C MA Permit Application Review PAT MCCRORY rdmc ni- VAN DER VAART :iibL`GUT BRAXTON DAVIS 01"emr 1 ,�1 a 7,lu NC Seafood Industrial Park,Authority/OWcal's Sea Harvest Inc. Lot 28A &: 29A, Harbor Road, adjacent the Wanchese I larbor (Mill Landing Creek bruin) in Wanchcse. Dare County Proposed Project:: Floating dock with 2 new boat slips Please indicate below your form by 03/28/16 to Court or viewpoint on the proposed project and return this' Avenue: Morehead Cih,, NC 28557 (fax: 252-247-3330). If you havc.any questiofts regarding the proposed project, please contact Kelly Russell •at (252) 264-i901_ ext.'233, When appropriate, in,'depth comments with supporting data are requested., REPLY: This agency has no objection -to the project as proposed. f, This agency has no comment on the proposed project. This agency approves of the proj1pevonly if the recommended chtanges,dr; incorporated. See aitached. This agency objects to the project for reasons, described in the attached comments. SIGNED (��i�a ���LX �Csu tee DATE lQ-- Sine of\arth CamliwlF�niio6uiemd Quelip �CoxvJ \�inngcmcnt .MAR Q 9 Z016 1367 VS tky,l7 k,,d, I rjv bmit City; NC 27909 2J1.2Ga-.tCA11 2$2?6t-3723tfuril 66 Coastal Management ENVIRONMENTAL OUAUTV March 7, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: MAR - 9 2016 Shellfish Sanitation E '4ecreational Water Quali:a S :tion PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Drrectnr Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16 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, ext. 233. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAR 14 2016 This agency has no comment on the proposed project. DC M- M H D CITY 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 X . //,t L kk : Sf*do� TFJkf 1S DATE 3[1o�/fo --/'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] 03/22/2016 09:11 2523314739 NCDOT PAGE 01/01 �•, PAT MCCRORY G.".nr Yu �IAR O 2Q�S V11)ONAVO R. OISTRICT OFFICE Coastal Management aNVIFONNCNTAL QUAL'TY VAN DER VAART &'.M ay BRAXTON DAVIS March 7, 2016 MM aRAN>DZTM erations & Rest Area E. Deparm TO: Kenptraen cn OfTran portaon� Doug Hugger: Maio, Permits noordinator FROM: Division Of Coastal Mmafo LAMA portrait Application Review smKT: IO�lveal's Sea Ilarvest Inc. NC Seafood Industrial Park Authority Ill Latlding Applicant, Lot 29A & 29A, Harbor Road, adjacent the Vdanchese Harbor N Project Locatlou: Creek basin) in Wanebese, Dare County Proposed Project: Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this erle form by o3/28116 to Courtn S ears Assistant Ma'or PcrtclDite Coordinator mnlr&g Avenue Moreb -ad C' NC 28557 (far;: 252-747-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-390I, ext. 233, When appropriate, in-depth comments with supporting data are requested. IiTPLY: This agency has no obje: tium to file —im ... ect ash ose 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 comnentsproject for reasons described in the attached MMaq".'n' ii Coastal Management ENVIRONMENTAL OUALITY March 7, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY cowe DONALD R. VAN DER VAART Secretary 4.IV.03 11.01 Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review BRAXTON DAVIS Director 2016 QED NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Proposed Project: Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16 to Courtney Swears, 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, ext. 233. 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 DATE RF EIVED ' MAR 21 2016 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] % I ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator ��- Division of Habitat Conservation DATE: March 15, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for NC Seafood Industrial Park Authority O'Neal's Sea Harvest, Inc., Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located on Lot 28A and Lot 29A on Harbor Road adjacent the Wanchese Harbor (Mill Landing Creek Basin) in Wanchese, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a 6' by 48' floating dock with two slips to facilitate the unloading of commercial seafood vessels. An approximate 8' section of the floating dock will overhang a boat ramp; however, the application states the width of the ramp is so use can continue and if necessary the dock and be temporarily or permanently removed The Wanchese Harbor is classified SA by the Environmental Management Commission and is closed to shellfish harvesting. The NCUC has reviewed the permit application and does not object to the construction of the dock as long as it is determined the two additional slips do not extend the shellfish closure line. If it is determined by Shellfish Sanitation that the line would be extended, the applicant should consult the appropriate resource and regulatory agencies. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at RECEIVED mar ia.dunnCd� new ildlife. ore_ MAR 2 1 2016 Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699- - M H D C Telephone: (919) 707-0220 • Fax: (919) 707-0028 S (�G PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelary BRAXTON DAVIS Coastal Management Amcor ENVIRONMENTAL QUALITY March 7, 2016 TO: Donna Creef, Planning Director Dare County FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Project Location: Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Proposed Project: Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16 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, ext. 233. 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. RECEIVED MAR 14 2016 SIGNED DATE DCM- MHD CITY -'-'Nothing Compares — Slate of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elirabeth City, NC 27909 252-264-39011252-264-3723 [far] Coastal Management ENVIRONMENTAL QUALITY March 7, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY ammo, DONALD R. VAN DER VAART Secretary RECFIVED MAR 715.1016 0CNbF18hatleu WARD Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review BRAXTON DAVIS Dirraor NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16.'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, ext. 233. 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 -'='- Nothing Compares� State ofNonh Carolina I Haviro mental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, INC 27909 252.264.39011252-260723 (fa] PGA) ® §41ft PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary 9 r&CEIVED/NCDENRIDWR BRAXTON DAVIS Coastal Management Ulrecrer ENVIRONMENTAL QUALITY' March 7, 2016 MAR 9 2016 er'""== 2 vt OZ7 7- MEMORANDUM Water oualay Regional Operations section TO: Robert Tankard, Environmenivringmeer� omQe DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Doug Huggett, Major Permits Coordinator -" - Division of Coastal Management — - SUBJECT: CAMA Permit Application Review Applicant: NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Project Location: Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) in Wanchese, Dare County Proposed Project: Floating dock with 2 new boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/28/16 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, ext. 233. When appropriate, in-depth comments with supporting data are requested. ta,. wC.T'T Cr.•Y'e.Rpa;?1 C5+= t�cr.2.w.2v t7 . 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 all, I z-13t vj - ^'Nothing Compares. ." State of North Caro i.I Eminwnenlai Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-26439011252-264-3723 [ful h Water Resources ENVIRONMENTAL QUALITY March'22, 2016 U5.. PAT MCCRORY Gowmor DONALD R. VAN DER VAAR'I Seorelmy : S. JAY ZIMMERMA•N Dindor DWR Project # 2016-0272 Dare County NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Attn: Mr. Bob Peele, Director PO Box 549 Wanchese, NC 27981 Subject Property: NO WRITTEN CONCURRENCE REQUIRED' Wanchese Harbor (622 HarborRd, Wanchese; Lots 28A & 29A) Floating Dock Dear Mr. Peale: The Division of Water Resources (DWR) has received a copy of your-CAMA Major application. DWR issues approval in the form of a Water Quality -Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification " allows you to use the CAMA Major Permit when the Division of Coastal Management Issues it. In accordance with the attached General Certification #3900 (GC3900), the impacts described in your application do. not require written authorization to utilize GC 390.0. 'However,.you are required to follow the conditions listed in the attached certification. You should'get or otherwise comply with any other federal, state and local requirements before you go ahead with your project:inciuding (but not limited to) ... erosion and -sediment control regulations. This Certification can -be contested as provided in Articles'3 and 4 of General. Statute 1SOB by filing a written petition for an administrative. hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained'from the OAH at htto://www.ncoah.com/'or by calling the OAH " Clerk's Office'at.(919)'431 3000 for information. .. Within sixty (60)'calendar, days of receipt of this notice, a petition must be filed with the OAH. A petition.' is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between noam and 5:00pm, excluding ' official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the original and on6 copy ofthe petition ' alongwiih any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission.. Slato ofNoM Caroline l rmvimnmental Quality I WatuRwourco—Water QualityRegioml Operatioue—Washhom RegimarOEM . 943 Washmgtou SquaioMml, Washmgma,NC27899 ' 252.946d484 ' NC Seafood Industrial Park Authority/O'Neal'sSea Harvest -Inc. �Q ATTN: Mr. Bob Peele, Director' �7 DWR# 2016-0272 401 AND BUFFER APPROVAL Page of 2 Mailing address for the OAH: If sending via US Postal Service:. If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of.Administeative Hearings 6714 Mail Service Center. 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1 60 1 This letter completes the review of the Division under section 401 of the Clean.Water. Please contact Don .' Burke:at252-9483966 or don.burke@ricderingov if you have any questions or concerns.. Sincerely, Robert.Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ .Attachments: GC3900 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office Courtney. Spears, DCM Morehead City Office Kelly. Russell, DCM Elizabeth City Office WaRO DWR File ' Laserfiche. April 27, 2016 Regulatory Division Action ID No. SAW-2016-00850 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 and Oneal's Sea Harvest to construct a 6ft x 48ft floating dock with two associated boat slips, at Oneals Sea Harvest Inc., at 622 Habor 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 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. N 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 Frank Jennings, District Manager Elizabeth City Field Office ('I North Carolina Division of Coastal Management V i' Coastal Management ENVIRONMENTAL OUALITY March 4, 2016 Mr. Brian Rubino Quible & Associates, PC P.O. Box 870 Kitty Hawk, NC 27949 Dear Mr. Rubino: PAT MCCRORY DONALD R. CAN DER VAART BRA\TON DAVIS DCM- IhHD CITY 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 their property located at the O'Neals Seafood docking facility in Wanchese, Dare County. It was received on February 22, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 7, 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 February 22, 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 application. "`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 tfax] Mr. Brian Rubino March 4, 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 1v 0 9 2016 C1TY NOTI(40'$170A CAMA PERMIT APPLIED FOR �oN 2 C 0 a PROJECT: O'Neal's Sea Harvest Inc. proposes to construct a new floating dock (48 ft x 6 ft) with 2 new boat slips (1 slip measuring 30 ft x 16 ft & the other 30 ft x 18 ft). COMMENTS ACCEPTED THROUGH APPLICANT: NC Seafood Industrial Park Authority, Bob Peele, Director, P.O. Box 549, Wanchese, NC 27981, 252-473-5867 03129116 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Kelly Russell, Division of Coastal Management, 1367 US Hwy 17 South, Elizabeth City, NC 27909, 252-264-3901, ext. 233 q PAT MCCRORY ryr ccrnar DONALD R. VAN DER VAART tieerelwi, Coastal Management ENVIRONMENTAL pUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(cDthecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant DATE: 03/07/2016 BRAXTON DAVIS n;re, SUBJECT: Public Notice: NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. Please publish the attached Notice in the Wednesday, March 9, 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 RECEIVE® MAR 0 9 Z016 -->"NothingCompares-- pC(�_ r�,�y�y 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 [fax] 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 02/22116. The NC Seafood Industrial Park Authority/O'Neal's Sea Harvest Inc. proposes to construct a new floating dock with 2 new boat slips at Lot 28A & 29A, Harbor Road, adjacent the Wanchese Harbor (Mill Landing Creek basin) 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 03/29/16, 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: Wednesday, March 9, 2016 "'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: 02 T� j �_ Date: 3/4/2015 Project Site County Staff: District: IffFlizabeth City Washington I I []Morehead City []Wilmington lxS4L / Project Name: . Rover File: SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes No Photos Taken: Yes IRNoEl Setback Required (riparian): Yes o Critical Habitat: Yes No ❑Not Sure 15 foot waiver obtained: Yes No Hazard N tification Returned: ❑Yes No SAV: Yes o ❑Not Sure Shell Bottom: Yes No El Not Sure Temporary Impacts: Yes No Sandbags: ❑Yes No Not Sure Did the land use classification come from county LUP: as ❑No Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: ❑Yes CgNo ❑NA Environm ntal Assessment Done: []Yes qNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) 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 El (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(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 Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - II. Public or commercial/no dredge E $100 nd/or fill - $400 REC I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 MAR 0 9 2016 acre; 3490 can be applied; DCM needs DWQ agreement - $400 STV DI:NI- ►vn . 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaoment.net revised: 02/15/10 NC Division of Coastal Mgt,..j iApplication Computer Sheet, Page 2 of 3) IL Applicant: L Date: 3/4/2016 l 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 LAN Ow to r 0 T-f 1 New Work Replace L I Maint ❑ ❑ Y Ia N , B stir New Work Replace 5 ' S Maint ❑ ❑ Y New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work= Replace Maint ❑ ❑ Y ❑ N New Work Replace _ 1 Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ I ❑ Y ❑ N New Work U Replace Q Maint ❑ ❑ Y ❑ N revised 02MSM0 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: NC Se -a c ✓/ 4�(.(I+'t ylI/ Date: 3/4/2016 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 (� p1 Dredge [I Fill ❑ Both ❑ Other IP 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 0 9 2016 DCM- MHD CITY 252-808.2808 :. 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 Received FEB 2 2 70' DCM-EC RE: O'Neal's Seafood Docking Facility 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 O'Neal's Seafood Docking Facility. Authorized Signature Name: Bob Peele Date - W 7' RECEIVED MAR 0 9 2016 DCM- MHD CITY Quible Quible & Associates, P.C. ENGINEERING • ENw2ONMEMAL SCIENC SINCE 1959 PLANNING • SURVEYING CERTIFIED MAIL: RETURN RECEIPT REQUESTED January 11, 2016 Etheridge Family Properties, LLC P.O. Box 69 Wanchese, NC 27981 RE: CAMA Major Permitting O'Neal's Seafood Harvest Inc. 622 Harbor Rd, Wanchese Seafood Industrial Park Wanchese, Dare County, NC Sir/Madam: Received FEB 2 3 2011 DMEC P.O. Drawer 870 ptt1' Howk NC 27949 Phone: 252 491-8147 Fax: 252-491-8146 web: quMe.cam As adjacent riparian property owner to the above referenced project, it is required by NCDEO, 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 includes construction of a new floating docking facility that contains new 2 boat slips with tie pilings. 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 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. Brian D. Rubino CC: Bob Peale, NC Seafood Industrial Park Director IZ I have no objection to the project as proposed I have an objection to the project for reasons stated below RECEIV :1) MAR 0 9 2016 ignatur Date DCM- MHD CITY 2/16/2016 English Customer Service USPS Mobile USPS.com(!D - USPS Tracking@ Reabbr / Sian In 04 USPS Tracking® Tracking Number: 70131710000028793083 _USPSCOM Received FEB 2 2 1`:3 DCM-EC Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mail' Realm Receipt See tracking for related Item: 9590952106150315740538 January 19, 2016 , 3:33 pm Delivered WANCHESE, NC 27981 January 18, 2016, 3:02 pm January 16, 2016 , 9:36 am January 16.2016 , 9:26 am January 16, 2016 , 9:23 am January 16, 2016 , 4:04 am January 15, 2016 , 2:37 pm January 15, 2016 , 2:29 am January 14, 2016 ,10:37 pm January 14, 2016 , 2:18 pm January 14, 2016 , 12:27 pm Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrived at Unit Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived at USPS Facility Departed Post Office Acceptance WANCHESE,NC27981 WANCHESE,NC27981 WANCHESE, NC 27981 WANCHESE, NC 27981 ROCKY MOUNT, NC 27801 ROCKY MOUNT, NC 27801 RALEIGH, NC 27676 RALEIGH, NC 27676 KRTY HAWK, NC 27949 KITTY HAWK, INC 27049 Track Another Package Tracking (or receipt) number 70131710000028793083 Track it EaCustomer Service ) Have questions? We're here to help. Get Easy Tracking Updates > Sign upfor My USPS. Available Actions Text Updates Email Updates RECEIVED MAR 0 9 2016 DCM- MILD CITY Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Sign up for My USPS) httpslAools.Lisps.com/gotTrwkCafirmActm.acton?tRef=fullpage&tLc=l&text287T7=&taWs=7013+1710+0000+2M+3083 W I ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse A. 5i nature X Agent ❑Addresse ee B. Re eived by (Pri ed Name) C. Date of Delivery err, so that we can return the card to you. ■ Attach this card to the back of the mailpiece,Q or on the front if space permits. q. Is delivery address different fro item 1? ❑ Yes If YES, enter delivery address below: ❑ No 1. Article Addressed to: Pb 3. a ce Type Certified Mails ❑ Priority Mail &press" ❑Registered ❑ Return Merchandise III III III'I III I IIII I I IIII IIII'I I'll'I IIII�IIII on Delivery er ❑ Insured Mail ❑Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes z. Article Number 7013 1710 0000 2879 3106 (IYans/er from service label) PS Form 3811, July 2013 Domestic Return Receipt Received DCM-EC RECEIVED MAR 0 9 2016 DCM- BIND CITY 19 MAJOR PERMIT FEE MATRIX Applicant: NC Seafood Industrial Park Authority — O'Neals Seafood Selection Development Type Fee DCM % DWQ % (14300 1601435100093 1625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) involve the filling or excavation of any wetlands or open water areas: ll. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o an 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 a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be a lied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional E C E I V E D review and written DWQ concurrence is needed MAR 0 9 2016 because of concerns related to water quality or aquatic life: ITY III(D). If General Water ❑ Quality Certification No. $400 40%($160) 3490 (see attached) cannotbe ;600%/o$240) a lied: IV. For development thatinvolves the filling and/or $475 ($285) 40% ($190) excavation of more than one acre of wetlands and/or Ill open water areas: Booa 302 nB( 835 I FILED 110 66u 21 PH 3 56 ALMA D. WISE STATE OF NORTH CAROLINA D E E D COUNTY OF DARE THIS DEED, made this the 30th day of October, 1980, by the STATE OF NORTH CAROLINA, a body politic and corporate, party of the first part, to the NORTH CAROLINA SEAFOOD INDUSTRIAL PARK AUTHORITY, party of the second part, W I T N E S S K T H: THAT, WHEREAS, the General Assembly of North Carolina, 1979 Session Laws C. 459 Sec. 16 provides that the party of the second part will take title to, develop and manage seafood industrial parks; and WHEREAS, the Council of State at a meeting held in the City of Raleigh, North Carolina, on the 7th day of October, 1980, approved this conveyance and directed execu- tion of this instrument; NOW, THEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR paid to the party of the first part by the party of the second part, (and other good and valuable consideration) the receipt of which is hereby acknowledged, the party of the first part has bargained and sold and by these presents does hereby bargain, sell and convey unto the said party of the second part, its successors and assigns, all -those certain tracts or parcels of land situ- ate, lying and being in Nags Head Township, Dare County, North Carolina, and more particulatly described as follows: T TRACT 1 Tu BEING 10.59 acres more fully described in P x a deed from Mirlo Investment Corporation m w a to the State of North Carolina dated �,N m December 31, 1976, and recorded January v` G•q 26, 1977, in Book 241, Page 366, Dare m a a i County Registry; as also described in a I ecr,; 302 fml 836 -2- condemnation action styled "State of North Carolina for and on behalf of the North Carolina State Ports Authority vs. Mirlo Investment Corporation, at al" filed in Superior Court of Dare County as 76-CVS-187, and in a Final Order there- in recorded January 21, 1980, in Book 291, Page 478, Dare County Registry. 'x7f:Cy7�? BEING 21.25 acres, more fully described in a condemnation action styled "State of North Carolina, for and on behalf of the North Carolina State Ports Authority vs. Wilma (Wendy) Hayman Herold, at al" filed in Superior Court of Dare County as 76-CVS- 184, and,a Final Order therein which was recorded January 21, 1980, in Book 2910 Page 481, Dare County Registry. TRACT 3 BEING 6.45 acres, more fully described in a condemnation action styled "State of North Carolina, for and on behalf of the North Carolina State Parts Authority vs. Ethel Tillett, at aln filed in Superior Court of Dare County as 76-CVS-185, and -a Final Order therein which was recorded January 21, 1980, in Book 291, Page 485, Dare County Registry. TRACT 4 BEING 30.74 acres in Dare County, more fully described in a condemnation action styled "State of North Carolina, for and on behalf of the North Carolina State Ports Authority vs. Willie Daniels, at ux, at al" filed in Superior Court of Dare County as 76-CVS-186 and as further described in a Memorandum of Action, recorded December 10, 1976, in Book 239, Page 639, Dare County Registry. TOGETHER WITH the entire interest of, the party of the first part in and to the easements or rights of way more particularly described�as follows: TRACT 1 Easement as described in Deed of Easement from George A. Daniels and wife, Etta T. Daniels to the State of North Carolina, dated December 1, 1976, recorded December 1, 1976, in Book 239, Page 423, Dare County Registry, TRACT 2 Easement as described in a Deed of Easement from Clyde Daniels and wife, Louise P. Daniels to the State of North Carolina, dated September 3; 1976, recorded October 14, 1976, in Book 237, Page 620, Dare County Registry. U. 2 east; 302 PA,,- 837 -3- TRACT 3 Easement as described in Deed of Easement from Randal E. Tillett and wife, Nelms R. Tillett to the State of North Carolina dated November 1, 1977, recorded November 16, 1977, in Book 253, Page 828, Dare County Registry. TRACT 4 Easement as described in a condemnation action styled "State of North Carolina, for and on behalf of the North Carolina State Ports Authority vs. Willie Daniels, et ux, at al" filed in the Superior Court of Dare County as 76-CVS-186 and as further described - in a Memorandum of Action, recorded December 10, 1976, in Book 239, Page 639, Dare County Registry. TO HAVE AND TO HOLD the aforesaid tracts or par- cels of land and all privileges and appurtenances thereunto belonging to the said party of the second part, .its suc- cessors and assigns, forever. IN TESTIMONY WHEREOF, the State of North Carolina has caused this instrument to.be executed in its name by JAMES B. HUNT, JR., Governor, attested by THAD SURE, Secretar of State, and the Great Seal of the State of North Carolina hereto affixed, by virtue of the power and authority afore- said. d RUFUS L. EDMISTEN Attorney General 7 Etic As� At torn General Return to: Mr. Dennis P. Myers Grantee's Address: State of North Carolina North Carolina Seafood industrial Department of Justice. Park Authority PO Box 629 430 North Salisbury Street Raleigh, NC 27602 Raleigh, NC 27611 CC, im R 6cOd 302 Pas 838 SPATE OF NORTH CAROLINA COUNTY OF HARE I, SHIRLEY S. UARDEE FOWLER, a Notary Public in and for the County and State aforesaid, do hereby certify that JAMES S. HUNT, JR., ""��••rr Governor of the State of North Carolina, and THA➢ EURE, Secretary of State of North Carolina, personally time before me this day and being by me duly sworn says each for himself that he knows the Great Seal of the State of North Carolina oad that the seal affixed to the fore- going instrument in the Great Seal of the State; that JAMES S. HUNT, JR., Governor of said State, and THAD EURE, Secretary of State, subscribed their names thereto, all by virtue of a resolution of the Council of State; and that said instrument is the act and deed of the State of North Carolina. IN WITNEESS WHEREOF, I have .{hereunto met my hand and Notarial Seal, this the day of . 1/.r�C. 1q1"Ld. Notar Public My Commission Expired: TN My no.1oln, Eayirte 515-14 .as.`rn�.;i. in C tC' r couiil�C` .. NORTII GAf:OL!L'A DARE COMIly The forcgohpj [crtt F;cal::(/) or is/are eatill.,:w Lm uc oniwu. ___ _._. at the date and time and in the Raul' and Page shmm on the first page hereof. Register of Deeds For ,t/�Air-r/ County Au DOPULy/Assistant-Register of Deeds 11-_80 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Seafood Industrial Park Authority- Wanchese; O'neals Seafood 2. LOCATION OF PROJECT SITE: Harbor Rd, Wanchese, Dare County on Mill Landing creek/basin Photo Index — 2006: 183-7197 (R,8) 2000: 183-2132 (H,7) 1995: 183-1892 (1,7) State Plane Coordinates - X: 3000555 Y: 778972 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Feb. 23, 2016 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete — Feb. 22, 2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved: EW, PTA (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing —none Planned - none (F) Type of Structures: Existing — metal commercial buildings, concrete bulkhead, concrete dock, fixed pier and concrete boat ramp Planned - floating dock, RECEIVED (G) Estimated Annual Rate of Erosion: none Source - applicant MAR 2 S 2016 7. HABITAT DESCRIPTION: [AREA] ®Cp CITY DREDGED FILLED (A) Estuarine Shoreline (B) EW, PTA 1308 sq ft shaded (D) Total Area Disturbed: 1308 sq ft (E) Primary Nursery Area: no (F) Water Classification: SA Open: no 8. PROJECT SUMMARY: The applicant proposes to construct a new floating dock with two new boatslips. Field Investigation Report Page 2 Proiect Settin The site of the proposed development is at 622 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 Wanchese Harbor that connects to Mill Creek and the Pamlico Sound. The project site consists two contiguous lots 28A and 29A totaling 38,898 sq ft (.9 acres) within the seafood park. Elevation of the tract is approximately 6 ft above normal water level. There currently is very little vegetation on the tract just small areas of typical lawn grasses. Existing structures on the property include 5 commercial metal buildings used for a seafood business, a concrete bulkhead, a concrete dock with a fixed pier and a concrete boatramp. Adjacent properties are also developed with commercial marine structures. The waters of Mill Creek along the area of the applicant's property are approximately 20 ft deep and closed to shellfish harvesting and are classified as SA waters by the Division of Environmental Management. There are no known archeological sites associated with the applicant's property. Development Proposal The applicant proposes to construct a 6 ft by 48 ft floating dock with two new boat slips, one slip measuring 16 ft by 30 ft and the other 18 ft by 30 ft. The construction of the new boatslips will involve adding nine tie pilings. The new floating dock will be positioned so that 8 ft of its length will be in front of or blocking the existing boat ramp. The existing ramp is not currently being used regularly. The applicant proposes that if the entire width of the ramp is temporarily needed in the future the floating dock can be moved slightly or removed to facilitate the use of the ramp. The purpose of the project is to provide better docking for commercial seafood boats to offload their catch. Anticipated Impacts The proposed project will result in the shading of 1,308 sq ft of Public Trust Area and Estuarine Waters Areas of Environmental Concern with the new floating dock and boatslips. The facility currently has 4 boatslips and is proposing to add 2 more for a total of 6 boatslips. Temporary water turbidity will occur in the project area during construction. Kelly Russell March 2, 2016 Received Lot 28A/Lot 29A- O'Neals Seafood Docking Facility Wanchese Seafood Industrial Park i-L.` 2 CAMA Major- Project Narrative 2/17/2016 DCM-EC Existing Conditions The project site is located on Lot 28A and 29A on Harbor Road and owned by the N.C. Seafood Industrial Park Authority (Seafood Park) in Wanchese, Dare County, North Carolina. O'Neal's Sea Harvest Inc., the current tenant, has a long term lease on the property. The parcel of land (Lot 28A/29A) is located on Wanchese Harbor The upland portion of the property is dominantly covered with concrete and gravel with several metal buildings. O'Neal's Sea Harvest Inc. uses both lots 28A and 29A for their operations as a seafood processing and packaging company, with restaurant/market building at the front of the property. There are three large building lots 28A and 29A with three large outdoor refrigerator structures on the waterward end of the property along with two large fuel tanks. Under CAMA Major Permit 145-05, a bulkhead, new concrete wharf, and timber dock were constructed on lot 28A in 2005. Also under 145-05, a heavier duty concrete boat ramp was constructed on lot 29A. This ramp was built with a higher density due to its intended use by the Division of Marine Fisheries for loading and unloading oyster reef materials. Located to the West of the O'Neal's is Baylis Boatworks, a large scale boat builder. The Baylis's property is dominated by concrete surfaces and large metal buildings. This lot is bulkheaded with a boat ramp, dock and slips. To the East is Joe's Marine Service a boat maintenance and repair business. This lot consists of concrete surfaces and a metal building. This lot is bulkheaded with a small floating dock with slips. Proposed Work Currently proposed work requiring CAMA permitting includes construction of a 61t x 48 LF floating dock with two new boat slips, one slip measuring 16ft x 30ft and the other 18ft x 30ft. One Existing slips will be improved through this project. The proposed pier is to begin on lot 28A at the end of the existing concrete dock, and extend parallel to the existing bulkheaded shoreline into Wanchese Harbor in a westerly direction into lot 29A. Nine tie pilings are proposed to be placed within the dimensions of the slips. An approximate 8ft section of the new floating dock is to pass in front of the existing boat ramp on Lot 29A. The full width of the existing ramp is not currently used by O'Neal's, so the proposed floating dock will not inhibit their use of the ramp. If there is the need to utilize the entire width of the ramp in the future, the floating pier can be temporarily or permanently removed. Need O'Neal's Sea Harvest is looking to add more docking to their existing facilities to allow for two more commercial fishing vessels to dock and unload in an efficient manner. This would allow O'Neal's to increase their productivity by having more slips for commercial vessels to dock at their property. Receiuea DCM MP-7 APPLICATION for pCMIEc Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) N.C. Seafood Industrial Park Authority-Wanchese O'Neals Seafood Applicant 1: First Name MI Last Name Bob Peels; Director Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) 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 (d different from above) City State ZIP 615 Harbor Road Wanchese NC 27981- Email bpeele@nccommerce.com 2. AgentContractor Information Business Name Quible & Associates, P.C. Agentt Contractor 1: First Name MI Last Name Brian D Rubino Agent/ 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 R Street Address (J different from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email brubino®quible.com <Form continues on back> p�R0) CJ`�y 1 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagem Form DCM MP-1 (Page 2 of 4) Received APPLICATION for Major Development Permit 3. Project Location DMEC County (can be multiple) Street Address State Rd. R Dare 622 Harbor Road 1140 Subdivision Name City State Zip Wanchese Seafood Industrial Park Wanchese NC 27981 - Phone No. Lot No.(s) (H many, attach additional page with list) 252 - 473 - 5867 ext. 6, 28A, 29A, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Wanchese Harbor (Mill Landing Creek basin) c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed SYes []No work falls within. 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.) aprox. 261.5 feet Seafood Park: 54 acres (2,352,223 sf) / Lot 28A: 0.313 acres (13,634.28 at) / Lot 29A: acres 0.58 (25,264.8 sf) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Lot 28A, Lot 29A, NWL (normal water level) (It many lot sizes, please attach additional page with a list) 6' ❑NHWor SNWL 9. Vegetation on tract Minimal landscape type grasses I. Man-made features and uses now on tract Metal buildings used for O'Neals Seafood Company operations, concrete bulkhead, concrete dock with a fixed pier extending into Wanchees harbor with boat slips and a large concrete boat ramp. R C C C I" g. Identify and describe the existing land uses adjacent to the proposed project site. MAR 2 8 20 Commerical fishing opertaions and various general industrial uses DCM- MHD 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) SYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> ED CITY 252-838.2608 :: 1-888.49C®AST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) R%vW vwm� Fig 2 2 2017 APPLICATION for Major Development Permit ID nPRA-CP m. (i) Are there wetlands on the site? MW ❑Yes ®No (it) Are there coastal wetlands on the site? ❑Yes ®No (!if) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, If 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 ❑Public/Government - ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed floating dock and slips will provide docking facilities for commercial 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. Piles to be driven with a vibrating hammer from a barge. Material and equipment is to be kept on -site. d. List all development activities you propose. Construction of a 6' wide by 48' LF long floating pier with new two slips. One slip 18' x 30' and the other 16' x 30' . The proposed floating pier will connect to the exisiitng concrete fixed pier on lot 28A . e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 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. There is no new proposed impervious cover or runoff. 1. 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. t. � <Form continues on back> �jv c 252.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net 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) — (f) are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Etheridge Family Properties, LLC Phone No. Address PO Box 69 Wanchese NC 27981 Name Willie E. Daniels Jr. Phone No. Address 3652 Mill Landing Rd Wanchese, NC 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 SW MP SW7000323 8/29/2000 CAMA Major Permit 145-05 In. Signed consultant or agent authorization form, if applicable. 1. 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 1 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. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name BOB PEELE r; &^ R„tb no t a 541n ' QW.h1e FAS 10 c. ,1? Signature TAA�\ 2ItP�l2o1b Please indicate application attachments pertaining to your proposed project. Received ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Brl,C es and t1vs �c13 2 3 2M ❑DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information MAR 2 S 2016 DCM-EC DCM- MHD CITY 252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-4 Received m STRUCTURES (Construction within Public Trust Areas) FFR 2 2 2016 D M-EG Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/madna: ®Commercial ❑Public/Government ❑Private/Community c. (i) Dock(s) and/or pier(s) (if) Number 1 (III) Length 48 LF (iv) Width 6 ft (v) Floating ®Yes []No e. (i) Are Platforms included? ❑Yes ®No It yes: (if) Number _ (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Rooted areas are calculated from ddpline dimensions. g. (I) Number of slips proposed 2 (if) Number of slips existing 4 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: 40 ft m. (1) Will the facility have tie pilings? ®Yes []No (if) If yes number of be pilings? El This section not applicable b. (1) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ❑Yes ®No If yes: (li) Number _ (III) Length (iv) Width _ (v) Floating []Yes []No f. (1) Are Boatlifts included? []Yes ®No If yes: (it) Number (III) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage (wet slips") only, number of slips: 2 new/ 4 existing ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: existing ramp ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 30-45' commercial fishino vessels I. (1) Will the facility be open to the general public? ❑Yes ®No 252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 1\GVGI�crM Poll, 0CM P-4 (Structures, Page 2 of 4) FE9 2 2 N16 2. DOCKING FACILITY/MARINA OPERATIONS L1ialfl-CV ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. N Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout Give type and location: 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 I. 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 1. 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? RECEIVED MAR 2 8 2016 DCM- MHD C17Y 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimananement.net revised: 12/27106 O6rm DCM MP-4 (Structures, Page 3 of 4) Received m. Is the marina/docking facility proposed within a primary or secondary nursery areal FR .a '� i'. :3 1 ❑Yes ®No DM n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting areal DCiI�-EC []Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed 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/Government ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If 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 b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL orwetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Are of the swing _ 7. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) �J 4� K" 252-808-2808:: 1-888-4RCOAST::v .nccoastalnnanaaement.net 12/27/06 Porm DCM MP-4 (structures, Page 4 of 4) 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 542 feet (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. -22 feet to the West and -158 feet to the East d. Water depth at waterward end of structure at NLW or NW L 20 feet 8. OTHER ®This section not applicable a. Give complete description: Z`19�2t71(o Date - - V n e.11 Se c,-(d d A Project Name NIL SPC'+QOCA I/.LJd 3iri�l App t Nal_` g('ro,��o Applicant Signature Qv V* g A11o( ., P. C , RECEIVED MAR 2 8 2016 DCM- MHD CITY 252.808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Cs Coastal Management ENVIRONMENTAL QUALITY NC Seafood Authority Director Bob Peele P.O. Box 549 Wanchese, NC 27981 Dear Mr. Peele: PAT MCCRORY Gommor DONALD R. VAN DER VAART sarnemry BRAXTON DAVIS Dirermr March 2, 2016 RECEIVED MAR 0 7 2016 DCM_ &1HD CITY Re: Broad Creek pier system and breakwater Major Permit Application The NC Division of Coastal Management hereby acknowledges receipt of your major permit application on Feb. 22, 2016, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issued separately. Our initial screening has identified the following deficiencies: 1. Please address the following items: a. MP-1 4. Site description f. please list all man-made features on the lot associated with the structure. b. Please send the required 27 copies of the oversized plat. Please do not hesitate to contact me at our Elizabeth City office (252 264-3901) if you have any questions regarding this letter or the permitting process. Sincerely, Coastal Management Representative cc: Frank A. 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BOUNDARY & TOPOGRAPHIC DATA SHOWN BASED ON BISSELL ROADWAY& DRAINAGE IMPROVEMENTS PLANS FOR WANCHESE SEAFOOD INDUSTRIAL PARK, DATED 04/2007. 3. THIS IS NOT ABOUNDARY SURVEY 4. PROPOSED WORK: A. .CONSTRUCTION OF A 6 FT WIDE FLOATING PIER: 48 LF S. BOAT SUPS a. (1) 16 FT x 30 FT SLIP b. (1) 18 FT x 30 FT SUP c. 9 TIE PILINGS •� Z V z m d q •JK q QI N V r w U Z a 1 0 J U y q W ~ON uxN�� 1nY Noc # ta/ �Iz 3h o u� z wo o z z z W a W PRELIMINARI FOR LAMA PERMITTING ONLY oz Q O W N Q Z W< Z O Wo aLLUZ-4a=0�g2 '00 0 Op ✓Si R00 �<wWOWOdFZZI%NN iJU 2�NY-ZWWj¢pJWp ��UF_V1NZJ�UNZIW- Sb SN V10 SFwU�Wtt 00 1a w�o°.�wocop"oi" Ow M.0 OQ}N¢OOw Q2 U m V J Q p m~ O Wo O yYj VIDWZ�WW> J O � U 4 N r W Y O o � O n L Z a c m 0 n