Loading...
HomeMy WebLinkAbout102-16 New Bern River Station TTMAM LLCd n Mttt�WY.�i#)M4['aW/.A4Win'Or::Cct-_,�.4-}��� 4v.+N. Rl4tri{K!-:+/n'�i�.•;M'/hYn:')Af.:tKK-.Wh(W%+.+oY4%�itrh/MP4'.#hPX ft Permit Class J i s NEW ' STATE OF NORTH CAROLINA -- ..- - Department of. Environmental Quality and t Coastal Resources Commission erm it 4 z for Y r'= X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 r- Excavation and/or filling pursuant to NCGS 113-229 Permit Number 102-16 Issued to New Bern River Station TTMAM LLC 227 East Front Street New Bern, NC 28560 Authorizing development in Craven County at adi. Neuse River, East Front Street, in New , as requested in the permittee's application dated 7/8/16, including the 1-3 of 9 dated 7/8/16, 4-9 of 9 dated 7/5/16, and 11-13 dated received by email 9/9/16. Thislpermit, issued on October 19, 2016 is subject to compliance with the application (where consistent ,with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be.subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other '. qualified persons within twenty (20) days of the issuing date. X k =.This permit must be accessible on -site to Department fi personnel when the project is inspected for compliance. Any maintenance work or project modification not covered J %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. i m BraxtorM' Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 4 f•; (d y Bern River Station TTMAM, LLC ADDITIONAL CONDITIONS Permit No.102-16 Page 2 of 4 1;13) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in water work shall be permitted between February 15 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 4) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 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 should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This permit authorizes a maximum of fifty-three (53) formalized boat slips. 7) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 8)- Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 9) The marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 'Jo) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. ?Il) The roof of the covered platform shall not be designed for second story use. 12), 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. Wave Attenuators ' 13) The wave attenuators shall have staggered sections in accordance with the design indicated on the attached workplan drawings. 14)' The permitted wave attenuators shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. New Bern River Station TTMAM, LLC Permit No. 102-16 Page 3 of 4 - ADDITI6NAL CONDITIONS', Easement 15) An Easement from the Department of Administration's State Property Office may be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to determine if such an easement will be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Cultural Resource Protection 16) The project site is located in an area having a probability of containing cultural resources, such as shipwreck remains. The permittee shall exercise all precautions to avoid damage to any potential historic structures or shipwrecks. If such materials are encountered, the permittee shall immediately stop work and notify the NC Underwater Archaeology Unit at 910-458-9042. General 17) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 19) 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. 20) 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. 21) 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The permittee is advised that any development or land disturbing activity that is considered non - water dependent is not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. New Bern River Station TTMAM, LLC Permit No. 102-16 Page 4 of 4 ADDITIONAL CONDITIONS `iNOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 7-7 2006101716. NOTE: The N.C. Division of Water Resources approved this project by way of General Water Quality Certification No. 3900 and assigned DWR Project Number 051169 V4, which was issued on 8/29/16. ,NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. I � DIVISION OF COASTAL MANAGEMENT Application Processing Note" Applicant:_,l°el) 4JUE�I SL21 Wes' 1�t►"!' UV-1 Type: (check all that apply) New_ Major Mod_ Permit#_ Minor Mod_ Renewal_ Transfer Permit Coordinator: Field Representative ate Time Message I ; i l� NCSpo q Ilo Ma{ �d JUU,t (n e� wsW-Q �{ (L POj for ISM& u, ty T DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: New Bern River Station TTMAM, LLC 2. LOCATION OF PROJECT SITE: The intersection of E. Front Street and Queen Street, New Bern, Craven County Photo Index - 2006: 212-6242 grid (C-17/18)(D-17/18) 2000: 212-815 grid (UN-8) State Plane Coordinates - X: 499819.267 Y: 2587752.044 Rover # L061808A LAT 35006'26.49121 LON 77002'04.63609 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/16/16 Was Applicant Present —No PROCESSING PROCEDURE: Application Received — CC 8/8/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — City Of New Bern Land Classification From LUP — Developed/Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial/Community (E) Wastewater Treatment: Existing — City Sewer (F) Type of Structures: Existing — Infrastructure for Townhomes Planned - 53 permanent boat slips w/ wave attenuator (G) Estimated Annual Rate' of Erosion: N/A Source — N/A HABITAT DESCRIPTION: 1' 1 1 1 1I M I1 DIA (A) Open Water N/A N/A 46,028 ft2 (Incorp.) (B) ACOE 404 Wetlands N/A N/A 12 ft2 (shaded) (D) Total Area Disturbed: 46,028 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC -NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Z New Bern River Station TTMAM, LLC Page 02 9. Narrative Description: The State Clearing House has reviewed this project and a Finding of No Significant Impact has been received. The project is a Major Modification to permit number 54-06. The New Bern River Station Marina project is located at the intersection of East Front Street and Queen Street in New Bern, Craven County. The project site is found by traveling on Hwy. 70 West toward the City of New Bern, taking the downtown New Bern exit, crossing the drawbridge into the downtown area, and the subject property is 3/4 miles on the right hand side of the road. Alternative directions are necessary due to a closure of the drawbridge going into downtown New Bern. The site can also be reached by traveling on Hwy. 70 West towards the City of New Bern, exit at the Pembroke ramp, turn right at the top of the ramp, and turn right at the "T" intersection. Turn left approximately .35 miles on Queen Street. The project location is at the terminus of Queen Street. The subject property is .51 acres and is the common property for the New Bern River Station Development that is approximately 3 acres. The property averages 5' in elevation above NWL. Presently on the lot, there is one townhome constructed and the associated infrastructure for the subdivision. This development was issued under CAMA Major Permit #54-06. There is presently a bulkhead and riprap armoring the shoreline. The adjacent property downstream has a bulkhead as well as a 10-slip community docking facility. The highground vegetation consists of yardgrass. There is a fringe of ACOE Section 404 Wetlands immediately adjacent to the shoreline.. The property has a shoreline length of 438'. The consultant conducted a SAV survey and there was SAV found approximately 40' from the Normal Water Level. The Division of Water Quality classifies this area as SC -NSW waters. This area is not a Primary Nursery Area. There is SAV in the nearby vicinity of the project area. This portion of the Neuse River is closed to the taking of shellfish and no visible shellfish were observed. The substrate composition at the project location is silty sand and the waterbody is approximately 5100' across. The City of New Bern Land Use Plan dated classifies this area as Developed and Conservation within the AEC's. 10. Proiect Description: The applicant is proposing to construct a marina with wave attenuators to accommodate 53 permanent slips. The proposed slips could accommodate vessel sizes ranging from 20' to 70' in length. Seventeen of the boatslips will be for the residents of New Bern River Station and the remaining 36 slips will be sold to the general public. The access pier is fixed and measures 26' X 6' with a 30' X 30' covered platform at the waterward end. The covered platform is measured from drip line to drip line of the proposed roof. The access dock leads to a 148' X 6' pier running parallel to the shoreline. There are three finger piers that originate from the pier and measure 30' X 5'. There are 2 piers measuring 175' X 5' proposed to be constructed perpendicular to the shoreline. There are 14 total finger piers that would be accessed from each these piers. Two finger piers measure 50' X 5', four measure 40' X 5', two measure,35' X 5' and six measure 30' X 5'. Additionally, at the waterward end of the proposed structure are 2 piers proposed at 105' X 6' positioned parallel to the Ik New Bern River Station TTMAM, LLC Page 03 shoreline. There would be 10 finger piers originating from these piers measuring 70' X 5'. There are also 16 mooring pilings proposed with this marina defining the 53 slips. Wave attenuators would be attached to the proposed north and south docks. Service utilities would be provided by the City of New Bern. There are no SAV proposed to be shaded and the SAV is not located in the proposed slips. Water depths at the proposed facility measure -3'to -10' NWL. The waterward edge of the docking facility would be 300' from the NWL into a 5100' body of water terminate at the Army Corps of Engineers Channel Setback. This would conform to the 1/a width rule. There is a community docking facility capable of accommodating 10 vessels approximately 145' downstream of the proposed marina and no structures on the upstream side of the proposed marina. The proposed marina is located a minimum of 20' from the NW riparian line and 35' from the SE riparian line. A pumpout facility connecting to the City of New Bern Sewer line is proposed with this marina at the waterward end of slip #4. The substrate at the proposed marina is silty sand. 11. Anticipated Impacts: The proposed commercial marina would provide public access for recreational boating activities. The proposed docks will shade 11,454 ffz of open water and incorporate 46,028 ft2 of public trust waters. The proposed dock will also shade 12 ft2 of ACOE Section 404 Wetlands. There will be a minor increase in turbidity during the installation of the pilings. A stationary waste pump out system would be provided to service vessel holding tanks, and signage would be posted to prohibit overboard waste discharge. No dredging is proposed due to sufficient water depths. revised by Brad Connell Morehead City August 8, 2016 Gi LMG LAND MANAGEMENT GROUP n� Environmental Consultants July 8, 2016 Mr. Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: CAMA Major Permit Application, New Bern River Station Marina New Bern River Station TTMAM, LLC (owner/applicant) Dear Brad, On behalf of New Bern River Station TTMAM, LLC, please find enclosed a CAMA Major Permit application for construction of an open water marina in downtown New Bem. The proposed marina would serve residential units within the New Bern River Station development and the surrounding community. The marina would be sited on the Neuse River where existing water depths are adequate without dredging. Application for this marina was submitted and fully reviewed in 2008. Issuance of the CAMA Major permit was pending only local approval. Due to economic conditions at the time, the application was placed on voluntary hold. The applicant is now seeking local approval, and has been directed by the NCDCM to resubmit the CAMA Major Permit application. Additional details are included in the project narrative, application fortes and figures enclosed. Please let us know if you need additional information or clarifications. As always, thank you for your assistance in review of this application. Sincerely, Aaurasavich Land Management Group, Inc., agent Encl: CAMA Major Permit application package $400 application fee check RECEIVED cc: Mr. Hubie Tolson, New Bern River Station TTMAM, LLC JUL 1 5 20'9 DCM- MHD CITY www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 CAMA Major Permit Application New Bern River Station Project Narrative July 2016 New Bern River Station TTMAM, LLC, Applicant New Bern, Craven County, North Carolina Previous Permitting This application seeks re -authorization of a project that was reviewed and approved through the CAMA Major Permit application process in 2008. The New Bern River Station project is located on the Neuse River in downtown New Bern. The project contains 17 residential units on upland portions of the property, development of which was approved through CAMA Permit 54-06. Approval of an associated open water marina was initiated with a separate CAMA permit application in 2008. At that time, an Environmental Assessment (EA) was prepared in compliance with the NC State Environmental Policy Act (SEPA). A Finding of No Significant Impact (FONSI) was issued for the proposed 53-slip marina in August 2008. A CAMA Major Permit application was submitted, concurrent with the EA, and received a 401 Water Quality Certification (DWQ Project # 05-1169) and a Department of the Army Permit (SAW- 2008-1544). The NCDCM had received all other resource agency and SHPO comments, with no objections, when it became apparent a Special Use Permit (SUP) would be required by the City of New Bern. The NCDCM stated the Major Permit could not be issued until the SUP was obtained, and the permit application was placed on voluntary hold while the SUP process was completed. Due to economic conditions that immediately followed, the applicant periodically requested the CAMA application remain on hold until economic conditions improved. In 2015, the applicant began the SUP application process. The NCDCM determined that due to the length of time the CAMA permit application had been on hold, it would be necessary to resubmit and recirculate the application. Enclosed application materials are largely identical to the previously reviewed CAMA Major Permit application. There are no changes to the proposed marina structures or the intended usage. Additional details, as included in the previous application, are provided below. Project Location The site is located at the intersection of East Front and Queen Streets along the Neuse River in New Bern, North Carolina. The Neuse River at this location is classified by the NC Environmental Management Commission as "SC Waters. Waters are classified by RECEIVED LAMA Major Permit Application, New Bern River Station, July 2016 JUL 1 1 5 Z� j6 New Bern River Station TTMAM, LLC, Applicant DCM- MHD CITY c the NC Marine Fisheries Commission as "coastal waters', with the project site located just downstream of the "joint" coastal/inland waters designation. The site is bordered to the west by property owned by The Salvation Army, to the north by property owned by the State Property Office and to the south by Queen Street. The approximately 0.5 acre common area parcel located along the waterfront (Parcel 8- 003-B-OOC) and owned by New Bern River Station TTMAM, LLC is the subject of this permit application. The overall River Station development (containing the 17 residential units) totals three (3) acres averaging five (5) feet above the mean water level, as shown on 2003 survey by Brad L. Suitt and Associates, P.A. of New Bern. All upland development has been approved under a previous permit, CAMA Permit # 54-06, dated April 5, 2006. Proposed Open Water Marina New Bern River Station TTMAM, LLC, proposes to construct an open water marina along the northeastern side of the property. The marina will consist of a fixed dock system containing 53 slips ranging in length from 30 feet to 70 feet. The marina will provide 17 slips to River Station property owners for purchase or lease, and the remaining 36 slips will be offered to the public. The proposed project's primary purpose will be to provide access for recreational boating activities to the future River Station homeowners and surrounding community. The proposed dock system will feature double loaded slips (between finger piers) with the exception of the large slips which will single loaded. Pilings will anchor the fixed dock system and serve to separate individual slips. The marina design proposes one fixed access point. Water, sewer, and electricity will be provided by the City of New Bern as an amenity to the dock owners and is already in place through the upland development. Vessels will be docked in a north — south orientation with the exception of the outermost slips for the largest vessels which will be docked in an east - west orientation. Distance from the proposed pier to the northwest 15' riparian setback is currently 29 feet and 35 feet to the southeastern 15' riparian setback line. The 53 permanent slips will accommodate vessels ranging in size from 20 ft. to 70 ft. Eight 20' x 70' slips would be situated along the outermost edge of the marina to accommodate the largest vessels. The remaining 45 slips would range in size from 12.5' x 30' to 18' x 50'. Access to the interior slips will be provided through a 50 foot wide entrance between the pairs of larger slips. The proposed marina will extend approximately 315 feet from the shoreline and will observe the federal harbor line. The (RECEIVED LAMA Major Permit Application, New Bern River Station, July2016 JL2L 15 2016 New Bern River Station TTMAM, LLC, Applicant DCM- MHD CITY Cj access pier and all dock spines will be 6' wide. All finger piers will be 5' wide. Portions of the dock system will be constructed using wave attenuator technology designed to defuse 50%to 80% of wave energy (see attenuator details). Parking is to be provided at a standard use of one parking space per two slips. Currently, 17 parking spaces are included in the upland development plan for each of the units proposed and an additional 10 spaces are located in the northwest corner of the property. The marina will feature a stationary waste pumpout system to service vessel holding tanks. The pumpout system will be easily accessible and in a convenient location for boaters. New Bern River Station TTMAM, LLC, is aware of the Marine Sewage Pumpout and Dump Station Grant Program and has an interest in participation. The marina policy will be to prohibit any overboard discharge of waste. No dock master will be employed, but a dock owners association will be formed and rules governing the operation of the marina will be established. RECEIVED CAMA Major Permit Application, New Bern River Station, July 2016 JUP 15 Z016 New Bern River Station TTMAM, LLC, Applicant DCM- MHD CITY DCM MP-1 APPLICATION for Major Development Permit (last revised 12/2TO6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name New Bern River Station Ttmam, Lic Project Name (if applicable) New Bern River Station Applicant 1: First Name Mr. Hubie MI Last Name Tolson Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 227 East Front Street PO Box City New Bern State NC ZIP 28560 Country USA Phone No. 252-670-9370 ext. FAX No. 252-638-7456 Street Address (if different from above) City State ZIP Email htolson.uhf@suddenlinkmail.com 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Laura Stasavich Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (d difeerent from above) City State ZIP same Email Istasavich@lmgroup.net RECEIVED <Form continues on back> JUL 15 2016 DCM- MHD 07 252-808.2808 .. 1.888.4RLOAST .. www. neeoastalmanagement. net Fortn DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven Property is at the intersection of E. Front and Queen Streets Subdivision Name city State Zip New Bern River Station New Bern NC 28560 - Lot No.(s) (if many, attach additional page with list) Phone No. 17 lots within New Bern Riverstation, parcel IDs 8-003-13-001 252 - 670 - 9370 ext. through 8-003-B-017., Common Area C (Subject of this application) is 8-003-13-00C, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Neuse River 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 Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of New Bern 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 438 Waterfront common area parcel = 0.5 acres. (overall River Station approximately 3 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 17 existing lots, approximately 21,900 sq.ft. each, , NWL (normal water level) 5 ft ❑NHW or NNWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Upland portions of the parcel have been cleared, landscaped, and are partially developed with streets, utilities. Wetlands along NWL include Typha spp., Eleocharis spp., and Sagittaria lancifolia. f. Man-made features and uses now on tract Upland portions of the tract are mowed, streets are existings, utilities are installed. RECEIVED g. Identify and describe the existing land uses adiacent to the proposed project site. Largely residential DCM- MHD CITY h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-6 (Attach zoning compliance certificate, H applicable) NYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? NYes []No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. NYes ❑No ❑NA If yes, by whom? Legacy Research Associates I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net V . Fcft DCM MP-1 (Page 3 of4) APPLICATION for 0 Major Development Permit <Fonn continues on next page> m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? ®Yes [-]NO ®Yes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal services. Marina will have a stationary pumpout station located along the northern side of the docks (see enclosed application figures) and intends to tie into the existing municipal sewer. o. Describe existing drinking water supply source. Municipal services p. Describe existing stone water management or treatment systems. N/A for current application (all impervious docks over open water). Existing upland development already obtained stornwater permitting (SW7050627). 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the marina is to provide access for recreational boating activites to the River Station homeowners and the general public as both a private and commercial venture. 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. Standard marine construction activites and equipment (such as pile drivers) will be used. Since all activities are water - dependent and ample depths exist, no dredging is required. d. List all development activities you propose. Construction of a 53-slip open water marina (with water and electricity provided). e. Are the proposed activities maintenance of an existing project, new work, or both? New marina f. What is the approximate total disturbed land area resulting from the proposed project? N/A- none ❑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. RECEIVED No direct discharges to waters of the state are proposed. JUL 15 2016 i. Will wastewater or stormwater be discharged into a wetland? []Yes ®Nb Civil- M H D C IT If yes, will this discharged water be of the some salinity as the receiving water? ❑Yes []NO ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 252-308-2808 :: 1.888-4RCOAST :: www. nceoa sta l management. net Fdnn RCM MP-t (Page 4 of 4) APPLICATION for Major Development Permit <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name to the North- NC State Property Office Phone No. Address 1321 Mail Service Center, Raleigh, NC, 27669 Name to the South (Queen Street)- NCDOT, clo Mr. Jay Johnson Phone No. Address 105 Pactolus Highway, Greenville, NC 27835 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permidee, and issuing dates. CAMA Permit 54-06 (upland development in AEC) Stomwater SW7050627 (upland development) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certi that the information provided in this application is is truthful to the best of my knowledge. Date 4 Print Name _ 'Yofkf" 6wr A& Signature 6E er-� Please indicate application attachments pertaining to your proposed project. RECEIVED ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development JUL 15 2016 ®DCM MP-4 Structures Information DCM- MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net C ZTTiffrZ96161a6 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑PubliclGovemment OPrivate/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 dock. 5 piers If yes: (iii) Length Access pier = 26'. Other Piers 2 Gil 106: 2 A (ii) Number 27 175': 1 Gil 148' (iii) Length 100 70': 90 30': 2A 35': 2a 50' (iv) Width 6' (iv) Width 5' (v) Floating ❑Yes ®No (v) Floating []Yes ®No e. (i) Are Platforms included? []Yes []No If yes: (ii) Number 1 (iii) Length 30' (iv) Width 30' (v) Floating []Yes ®No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed 53 (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 30' m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 16 I. (i) Are Boatlifts included? []Yes ®No If yes: (ii) 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: 53 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types ranging in size from 20' to 70' I. (i) Will the facility be open to the general public? []Yes ®No RECEIVED JUL 15 2016 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastal management. net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) I 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ® Boatholding tank pumpout; Give type and location: A stationary pumpout is proposed and will be easily accessible in a convenient location (northern -central side of dock system) b. Describe treatment type and disposal location for all sanitary wastewater. Stationary pumpout tied into municipal sewer. c. Describe the disposal of solid waste, fish offal and trash. Assessments to be levied to cover the cost of garbage removal services. d. How will overboard discharge of sewage from boats be controlled? No overboard discharge of sewage will be allowed, and will be controlled through marina rules. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Signage will be posted in easily visible location. (ii) Give the location and number of "Pumpout Available" signs proposed. Signage will be posted in easily visible location. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A- no marine services proposed. g. Where will residue from vessel maintenance be disposed of? N/A- no marine services proposed. h. Give the number of channel markers and "No Wake" signs proposed. None- channel markers along federal channel exist. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel services proposed. j. What will be the marina policy on overnight and live -aboard dockage? Marina will have a closed -head and no live -aboard policy. k. Describe design measures that promote boat basin flushing? N/A - open water siting. I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED N/A JUL 15 2016 DCM- MHD CITY 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Pont? DCM MP-4 (Structures, Page 3 of 4) a m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑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. OCW < 50 sc.ft. ®SAV < 100 so.ft. ❑SB OWL _ ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublirJGovemment ❑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 or wetlands B. MOORING PILINGS and BUOYS ®This section not applicable a. Is the strudure(s): ❑Commercial ❑PublictGovemment ❑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 b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JUL 15 2016 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: vvvivv.nccoastalmanagennent.net revised: 12/27/06 Fame OGM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 45' to N and 46' to S Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 5100, e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 146' to S, nothing within close proximity to N d. Water depth at waterward end of structure at NLW or NWL -10' NWL & OTHER ®This section not applicable a. Give complete description: wr>, Date New Bern River Station Project Name New Bern River Station TTMAM, LLC Applicant Name /N. RECEIVED JUL 15 2016 DCM- MHD 17.__.r! 252-808-2808 :: 1-888-4RCOAST :: www.necoastaImanagement.net revised: 12/27/06 'Boundaries are approximate and are not meant to be absolute. Map Source: Craven County and NC OneMap GIS data. LMG1 IN D IIANVANII AI GROUP RECEIVED JUL 15 2016 VeuseRiJDCM- MHD CITI 0 500 1000 200d SCALE 1" = 1000' CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 02-07-424 Sheet 1 Vicinity Map ° Uayteacon ' \ t !, } SITE •' • \\ Greeit d Cem B _ MINI �,�.w1a �. 7b • �. .. CPm-'��� t� tav�tl ff ' i j 1 LOCK•►` RECEIVED *Boundaries are approximate and are JUL 15 2016 not meant to be absolute. r'0 500 1000 2000 Map Source: New Bern Quadrangle 7.5 maialoaoDWR T990T. Y SCALE 1" = 1000' LMG LAND MANAGEMENT GROUP,- CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC Figure 2 USGS Topographic Map Environmental Consultants New Bern, Craven Co., NC 02-07-424 7/8/2016 Sheet 2 of 9 SITE a RECEIVED 'Boundaries are approximate and are JUL 15 2016 not meant to be absolute. ` Map Source: 2012 Aerial Photography NC OneMap. DCM- MHD CITY 0 LMG LAND MANAGEMENT GROUP .- Environmental Consultants CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 02-07-424 %4 L^ 100 200 400 SCALE 1" = 200' Figure 3 2012 Aerial Photograph 7/8/2016 Sheet 3 of 9 0 FIGURE 11 nl/V/e muka bq )VA" 7/0 9 I q,v %IMWL- SAFE.% TILL FIGURE 13 �il"Oj ZMAd1 cl/*I/! tv Coastal Management ENVIRONMENTAL QUALITY October 20, 2016 New Bern River Station TTMAM, LLC 227 East Front Street New Bern, N.C. 28560 Dear Sir or Madam: PAT MCCRORY Gurenurr DONALD R. VAN DER VAART ;erremry BRAXTON DAVIS Direnor The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, o� v A r Douglas V. Hugg Major Permits Manager N.C. Division of Coastal Management State of Noah Carolina I Environmental Quality I Coastal Management 400 Commeme Avenue I Morehead City, NC 28557 252-808-2808 T DCM Coordinator: S(3Q,(# {rS Permit #: MAILING DISTRIBUTION SHEET FPermitee: Nrw �GY1 1Qit`VLi ��p f1 '�/K.4m, (lG Agents: Act M Syic , 39)09 wviawy� 11. -4ye Su; fc L9z DCM Field Offices u l 1 VVI.t v�g�o>1 N L�iv3 Elizabeth City (with revised work plan drawings) Morehead City Washington US ACOE Offices: Washington: Raleigh Bla*d William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill-EaRy 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 LPO: Fax Distribution: Permitee Agent #:. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: New Bern River Station TTMAM, LLC County: Craven LOCATION OF PROJECT: At the intersection of E. Front Street and Queen Street, in New Bern. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8/8/16 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brad Connell DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 8/10/16 FEE REC'D: $400.00 (60/40) PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 8/19/16 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: No APPLICATION ASSIGNED TO: Courtney Spears ON: 8/10/16 C) 75 DAY DEADLINE: I �I �d I)� 150 - DAY DEADLINE: MAIL OUT DATE: 8/10/16 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 4 /I © I lI J( �1{LI< Coastal Management - LUP Consistency Determination V / � x � f 5 -",L+- Division of Community Assistance no km immi DEMLR-Lend Quality Section Division of Water Resources401 I IY x 200--1I10 V DEMLR-Stone Water Management State Property Office K IN 5 Division of Amhives&History DMF-Shellfish Sanitation l , 1t EomwUaf DWK-PUbile Wate, Supply "}V� / Division of Highways Wildlife Resources Commission is ,:D ry Local Permit Office IV Ce `/ DCM-Fisheries Resource Specialist 4 f X 1,/IS-UtR 77�� �,,,a moraftn'U*vi Corps of Engineers O I X 20l a 9- -tvt Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM. DATE: July 22, 2016 TO: Courtney Spears THRU: Roy Brownlow 1` - FROM: Brad Connell 40 ()l PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director SUBJECT: Comments and Recommendations - CAMA Major Permit —New Bem River Station TTMAM, LLC, Craven County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal will impact 46,028 square feet of open water Public Trust Area. These waters of the Neuse River are closed to shellfish harvest. This waterbody is not a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility will be installed and operable, and maintained for the life of the marina. The marina will display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 2 No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina/docking facility. Any sewage discharge at the marina/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. 3 This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may Nothing Compares _ State of North Carolina I Environmental Quality I Coastal Management Address 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T µ New Bern River Station July 22, 2016 Page 2 of 3 become a permanent part of this marina/docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. The piers and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the waters edge. The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. The roof of the covered platform/gazebo shall not be designed for second story use. 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. The authorized structure and associated activity must not cause an unacceptable interference. with navigation. 9 The permittee will 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 parry. 10 This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11 The permittee must 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 should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 12 This permit authorizes a maximum of 53 boat slips. At no time shall more than 53 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Nothing Compares�- State of Nonh Carolina I Environmental Quality I Comml Management Address Address 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T New Bern River Station July 22, 2016 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. CC: Roy Brownlow, DCM Nothing Compares State of North Carolina I Environmental Quality I Comet] Management Address Address 400 Comme¢e Avenue I Morehead City, NC 28557 2528082808 T PAT MCCRORY Q Cowrnor . DONALD R. VAN DER VAART Seaxtory Coastal Management ENVIRONMENTAL QUALITY August 10, 2016 MEMORANDUM: TO: Rachel Love-Adrick Division of Coastal Management FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: New Bern River Station TTMAM, LLC BRAXTON DAVIS Director Project Location: Craven County, at the intersection of E. Front St., and Queen St., in the city of New Bern. Proposed Project: Proposes to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 30, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. Sf-F-- C6TAffiF_NTf 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 QaQ L DATE State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1 252-2t7-3330 (fax) 4� Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM PAT MCCRORY Ooww, DONALD R. VAN DER VAART .secreta, .,.. TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner�l>'p Division of Coastal Management l BRAXTON DAVIS Director SUBJECT: Major Permit Request by New Bern River Station TTMAM, LLC to construct a 53-slip open water Marina DATE: August 12, 2016 Consistency Determination: The request is consistent with/not in conflict with the New Bern, River Bend, Trent Woods Regional Land Use Plan certified by the CRC on February 24, 2011 provided that all applicable local, state, and federal development guidelines are met. Overview: The applicant is requesting to construct a 53-slip open water marina for private and public use. The project includes a covered platform, 1 fixed access pier, 1 dock, 5 piers, 27 finger piers, 16 mooring pilings, wave attenuators, and a pumpout system. No dredging is required due to sufficient water depths. The subject parcel is a located at the intersection of E. Front and Queen Streets in New Bern, Craven County. Existing site improvements include a bulkhead and riprap armoring the shoreline. The project property .51 acres, and is the common area for the New Bern River Station Development that is approximately 3 acres. The property has 438' of shoreline along the Neuse River. The highground vegetation consists of yard grasses. There is a fringe of Section 404 Jurisdictional Wetlands immediately adjacent to the shoreline. The property is located within the AE Flood Zone. The waters of the Neuse River are classified as SC (Aquatic Life, Secondary Recreation, Salt Water) and NSW (Nutrient Sensitive Waters). This area of Neuse River is not designated as a Primary Nursery Area and is closed to the taking of shellfish; no visible shellfish were observed. There is a 10' x 10' patch of Submerged Aquatic Vegetation (SAV) habitat in near the project area. Substrate at the site is silty sand. A review of cultural resources was not provided. Anticipated impacts resulting from this project are expected to include: the proposed docks will shade 11,454 ft2 of open water and incorporate 46,028 ft2 of public trust waters and the shading of 12 ft2 of ACOE 404 Wetlands. Instillation of pilings will cause a minor increase in turbidity. . "Nothing Compares _,. - State of North Carolina I Environmental Quality I Coastal Management 4W Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) rN North Carolina Department of Environmental Quality Division of Coastal Management Basis for Determination: The parcel is located within in the AE Flood Zone, a Special Bern, River Bend, Trent Woods Regional Land Use Plan Special Flood Hazard Areas follow the policies outlined in section (see page 3-4 of this memo). MEMORANDUM' Page 2 of 4 Flood Hazard Areas. The New requires that developments in the Natural Hazards Policies The New Bern, River Bend, Trent Woods Future Land Use Map (FLUM) designates the site as "Developed" and "Conservation". The project appears consistent with the Future Land Use designations. Developed areas "provides for continued intensive development and redevelopment of the municipalities in the region. Mixed land uses are included in the Developed areas". "Incompatible uses within this land class are industrial and agricultural land uses". (page 99). Conservation areas "include identified AECs (coastal wetlands, estuarine waters, public trust areas, and estuarine shorelines) and fresh vvater and '404' wetlands protected by the Clean Water Act. No development is allowed other than those uses which require water access and cannot function elsewhere is allowed in coastal wetlands, estuarine and other public trust areas. Development within the estuarine shoreline must be in conformance with CAMA guidelines and municipal land use regulations". "Incompatible uses within this land class are industrial and agricultural land uses" (page 99). The following LUP policies may be applicable to this request: Public Access: Policy PA 3, page 70.: "Encourage both public and private marinas that offer access to area waters when developed in accordance with CAMA use standards for Marinas. Marinas that are incompatible with nearby land uses or fail to meet environmental quality and development standards of the municipal codes of New Bern, Trent Woods and River Bend shall not be approved". Policy PA 5, page 70: "All marina owners shall be encouraged to participate in best management practices and operating programs". Action Item PA 5, 70: "Marina operators will be encouraged to participate in Best Practice Operating Programs such as the "Clean Marina" program sponsored by the NC Division of Coastal Management and the NC Marine Trade Services organization. Marina operators should be encouraged to apply for grants that may be available to help pay for pump -out facilities or other environmental improvements". -5">^'Nothing Compares_--.,, State of North Carolina I Eaviromuemal Quality I Coastal Management 400 Commerce Avenue 1 Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) -.) r Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 4 001 Wetland Protection: Policy WP 2, page 73: "Land uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of such uses may include: utility easements, docks, fishing piers and agricultural uses, such as farming and forestry, and other uses permitted under the N.C. Dredge and Fill Act or other applicable laws. Estuarine Systems: Policy ES 1, page 73: `The municipalities will restrict development in estuarine waters and public trust areas to those uses which will not cause significant degradation of the natural function or condition of these waters. Uses that are water dependent and cannot function elsewhere will be permitted in estuarine waters and public trust areas consistent with Land Use/ Zoning Ordinances". Marinas, Piers, Docks, and Floating Home Development: Policy MP 1, page 74. [Applies only to New Bern]: 'The city will permit the development of new marinas, the expansion of existing marinas, and the development of noncommercial docking facilities to serve individual residential lots. The City encourages participation in the NC DCM Clean Marina Program". Policy MP 2, page 74. [Applies only to New Bern]: "Drystack boat storage facilities, in conjunction with a marina development, may be permitted in accordance with the New Bern Land Use Ordinance. Public mooring fields shall be permitted in accordance with CAMA regulations. Floating homes and floating structures will not be permitted within the city's planning jurisdiction." Action Item MP 2a [Applies only to New Bern]: "Requests for commercial marinas and docking facilities are regulated by the New Bern Land Use Ordinance and by state and federal permitting systems. The city allows for the expansion of existing marinas and construction of new marinas, consistent with policies stated elsewhere in this plan. Marina use, size and compatibility will be dictated by the New Bern Land Use Ordinance. Issues such as visual and aesthetic guidelines shall be reviewed during land use permit applications. The city intends to examine local requirements for these uses and may strengthen the Land Use Ordinance to further clarify the community's standards. The city also intends to revise its, Land Use Ordinance to establish additional local standards for piers associated with a non-residential land use. If the standards are not met, New Bern will not approve the permit'. Natural Hazards Policy NH 1, page 85: "Special Flood Hazard Areas (those areas having a 1 percent chance of flooding in any year - 100-year flood) may be flooded during major storm events and pose risks. The regional municipalities will take measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property'. -:= Nothing Compares,-%... State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252,247-3330 (fax) North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDIJA Page 4 of 4 Policy NH2, page 85: "Development and redevelopment within special flood hazard areas shall meet the standards of the National Flood Insurance Program". -!-/'Nothing Compares.-, State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 - 252-808-28081252-247-3330 (fax) A ' PAT MCCRORY Cm"wr 0) August 10, 2016 MEMORANDUM: TO: FROM: t�k AUG t. ? 201E Renee Gledhill -Early NC Department of Cultural Resources Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: New Bern River Station TTMAM, LLC R. VAN DER VAART s�rpy BRAXTON DAVIS ' Dmetur (k. '142 . a� �6�agI(6 Project Location:' 'Craven County, at the intersection of E. Front St., and Queen St., in the city of New Bern. Proposed Project: Proposes to' construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by. August 30, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When. appropriate; in-depth comments with supporting data is requested. REPLY:' This agency has no objection to the project as proposed. This agency has no, comment on the proposed project. This agency approves 'of the project only if the recommended changes are incorporated. See attached. ' This agency objects to the project for reasons described in the attached comments. (I�• ('� SIGNED sC k �Cc DATE t �(' I ' Ito State ofnonh Cazoiina� k�nvuoemcnial Qual;ty I Coastal AUG 1 5 1116 400Commxee Av ua I Morehead City, NC 2B557 25286E-2B081252247-3330 (fax) r — — Governor Pat McCrory Secretary Susan Kluttz August 30, 2016 MEMORANDUM TO: Doug Huggett Major Permits Processing Section Division of Coastal Management FROM: Ramona M. Bartos ot3 uto- �A North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Office of Archives and History Deputy Secretary Kevin Cherry SUBJECT: Construct 53 Slip Marina, Intersection of East Front Street, & Queen Street, New Bern, Craven County, ER 16-1426 We have reviewed the proposal to construct a private 53-slip marina at the New Bern River Station development on the Neuse River waterfront. No historic watercraft remains have been reported within the proposed project footprint nor have any archaeological investigations been conducted. Based on the location of the property there is a moderate chance that historically significant watercraft may be encountered during the pile driving operation. We recommend that the following statement be added to the conditions of the permit: "While the archaeological and historical record does not support a recommendation for an archaeological survey, we would like your agency, the applicant, and the machine operators to be aware that the possibility exists that historically significant watercraft remains may be encountered during the pile driving operation. In the event that this occurs, work should move to another area and the NC Underwater Archaeology Unit be contacted immediately (910/458-9042). A staff member will be sent to assess the wreckage and determine the proper course of action." The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.eov. In all future communication concerning this project, please cite the above referenced tracking number cc: Brad Connell, Division of Coastal Management Location: 109 Fast ]ones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: Ad," Coastal Management ENVIRONMENTAL QUALITY August 10, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY GoirnOr DONALD R. VAN DER VAART Samtnry Lee Padrick Division of Community Assistance Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Ne4 Bern River Station TTMAM, LLC BRAXTON DAVIS Dimaor Craven County, at the intersection of E. Front St., and Queen St., in the city of New Bern. Proposes to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 30, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �is 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 /4�< DATE RECEIVED AUG 2 9 2016 �J State of North Carolina I Environmental Quality I Coated Mmaeemmt D C M - M H D ITY 400 Commerce Avmue I Morehead City, NC 28557 252-808-28091252-247-3330(fax) PAT MCCRORY ' . Cwrrnar a. DONALD R. VAN DER VAART &vmtary " ERAXTON DAVIS Coastal Management ENVtRONMaNTAL OUALRY RECEIVED/NCDENR/DWR of AVG 1.5 2016 August 10, 2016 Water QUatity.Regional Washhii8raiiOns section ngton Regional Office MEMORANDUM: TO: Anthony Scarbraugh Division of Water. Resources FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: New Bern River Station TTMAM, LLC Project Location: Craven County, at the intersection of E.-Front St., and Queen St., in the city of.New Bern. Proposed Project: Proposes to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 30, 2016. If you have any questions regarding the proposed project, please. contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting.data is requested. • A> REPLY: s agency has no objection to the project as proposed. This agency has no comment on the proposed project. comments. SIGNED 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 DATE State of 4WCoNorth Cacoli mua iroo repeal Qd9City. y l Coul29557t Meeegamaot 400 Commerce Avwue I Morehead City, NC 28557 252-808 2808 [252-247-3330 (fax) N CRORY NOT A CAMA PERI�IC f� Govemar , y DO.NALD'R'.. VAN DER VAART ,' .. Secnrory .WaterResources $.'JAY ZIMIvIERMAN ENVIRONMENTAL QUALITY'.' Director August.29, 2016 DWR'# 05-1169 V4 Craven County New Bern RiverStatioq TTMAM, LLC Attn: Me. Hubie.Tolson. 227 Eastfront Street, New Bern, NC 28560 Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Neuse Riparian Buffer Impacts with Additional Conditions ' New Bern River Station Dear Mr. Tolson: You have our approval. for the impacts listed below for the purpose'described in.your application dated August 10, 2016 and teceived by the Division of Water Resources.(Division) on August 16, 2016. These impacts are covered' by the attached Water Quality General Certification Number 3900,: Neuse'River Riparian Buffer Rules, and the conditions listed below.This certification is associated with the use of CAMA Major Permit and General Permit(s)198000291 issued by the US.Army Corps of Engineers (USAGE). This certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues It. Please.note thatyoushould get any other federal, state or local permits before proceeding with your project, including those. required by (but not limited*to) Sedl'ment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This:approval requires you to follow the conditions.listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The followingiimpacts are hereby approved provided that all of the other specific and: general conditions of the Certification are met'. No other impacts are approved, including incidental impacts. [1SNNCACO211.0506(b)(c)) Type of Impact Amount Approved (units). Permanent Amougt.Reduced (units) Temporary Plan location/ '. Reference' Attached ' 404 Wetlands W4 (Access Bridge Shading) ' 0 (acres) "12 ft"' D(acres) '. Sheet 6 of 9' Open Water OW-1 (Shading from Marina). 1.06 (acres) 0 (acres) Sheet 6 of 9 State of North Carolina l Environmental Quality l Water Resources —Water Quality Regional Operations—WashiogtonRcgioual office 943 Wmhiogwn Squ=Mml, Wwhingta4NC 27889 252.9464481' NEW BERN RIVER STATION TTMAM, LLC ATTN: MR. HUBIE TOLSON' DWR#0S.U69 V4 401'AND BUFFER APPROVAL Page 2 of 6 Buffers -Zone1 B-1. (Ingress/Egress to Docking) _ . 180 (square feet) .0 (square feet) . Buffers • Zone 2 Sheet 6 of 9 B-1 Ingress/Egress•to Docking)' 120 (square feet). 0 (square feet) 2. :This approval is for the purpose and design described In your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project,. you must notify the Division and you,may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner 'must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] . 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 3900. (15A NCAC 026.0507(c)] Continuing Compliance 4. Pump-6Ut4Sewaee Disoosal No sewage shall be allowed to be discharged at'any'time from boats using the marina. . Appropriate signage shouldbe posted prohibiting sewage discharge and providing appropriate Waste disposal information. [15A NCAC'02H .0506 (b)(3)] .5. Fueling Facilities . Fueling, lubrication and general equipment maintenance, should not take place within So feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (0)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] . 6.. All mechanized equipment operated near surface waters or wetlands will be regularly inspected. and maintained to prevent contamination of waters and Wetlands from fuels, lubricants, hydraulic fluids or other potential toxic.chemicals. In the event of 'a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact. the Division of Water Quality, between the hours of 8 am to 5 pm atthe Washington Regional Office at. 252.946.6481 and afterhours and on. weekends call (800) 858-0368. Management of such spills shall comply with' provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC'02H .0506 (b)(3) and (c)(3),'15A'NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 7. Turbidity Standard . The Permittee shall adhere specially to.15A NCAC 02B'.0220, Tidal Salt Water Quality for Class SC Waters (3)(g) pH: shall be normal for waters 16 the area; which generally shall ' U) NEW BERN RIVER STATION TTMAM, LLC ATTN: MR. HUBIE TOLSON DWR# 054169 V4 401 AND BUFFER APPROVAL 'Page 3 of 6 range'between 6.S and 8.5 except that swamp waters may have a pH as low.as 4.3 if it is the result.of natural conditions, (1) Turbidity: the turbidity in the receiving water.shall not ' exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidit 'level shall not.be increased. [1SA'NCAC 02B ,02201 .. 8 $p1115 The permittee shall report to the local DWR Regional Office, within 24 hours, all significant ' spills as defined under Section 311 of the Clean. Water, Act (Ref; 40 CFR 110.10 and CFR . 117.21) or section of CERCLA (Ref: 40 CFR 302.4).:Additionally; the permittee'shall report spills including: any oil spills of 25 gallons or more and any spill regardless of amount that cabses'sheen on surface waters.' I . 9. Number of Slips/Dock Space Use of dock space. other *than the approved 53 slips is prohibited. Handrails or other devices, including sign.age, should be used to'discourage use of any dock pace other than . the 53 designated dockage slips as shown in the approved plan. [15A NCAC 07H .1205) j Other Conditions 10. Re Opener Clause New Bern River Station TTMAM, LLC and.their authorised agents shall conduct their activities .in a manner consistent with State water quality standards (including; any requirements resulting fromcompiianee with section.303(d) of the Clean Water Act) and any other appropriate requirements of state law and federal law. New Bern River Station j'. TTMAM,-LLC shall require their contractors agents) to comply with all of theterms .' of this. Certification, and shall provide.each of their contractors (and/or agents) a'copy of this Certification. A copy of this Certification shall be Included in the construction contract . and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State:orfederal-law is being violated, or that further' conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and. requirements in accordance with 15A NCAC 2H.0507(4), Before modifying the dertification, DWR shall notify the New . Bern River Station TTMAM, LLC and the US Army.Corps of Engineers, provide public notice 'in accordance with 15A NCAC 2H,0503 and provide opportunity fdr public hearing in accordance. with 15A NCAC 2H.0504. Any new. or revised conditions shall be provided to ... DWR in writing; shall .be.provided to. the United States Army Corps of, Engineers for .. reference I any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the.project. 11. Fueline of Marina.Proiects 0 NEW BERN'RIVER STATION TTMAM, LLC ATTN: MR. HUBIE TOLSON' DWR# 05-11.69 V4 :401 AND BUFFER APPROVAL ' Page 4 of 6 Any marina project that proposes to dispense orstore fuel shall provide an EPA approved Spill Prevention Control and Countermeasure (SPCC) plan to this Office before the fueling facilities ate constructed. [15A NCAC 02H .0506(b)(3)] 12. State Storinwater Management Plan (SMP) and General Permit No NCG190000Approved by Division Stormwater Proeram Required You are required to provide one copy of the state stormwater management plan (SMP) and National Pollutant Discharge Elimination System General Permit No. 190000 (NCG190000) approval letters from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 & BufferPermitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any,impacts authorized in this certification occur.. The project must be constructed and maintained in compliance with the approved SMP and NCG190000., After the approval letter is submitted to the Division, the SMP and NCG190000 may not . 'be modified without prior written authorization from DEMLR: if the SMP and NCG190000 . t . are modified in the future;.then you shall provide an approval.letter for the modifications . to the. DWR 401 '& Buffer Permitting Unit prior to: the 'commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 13. Diffuse Tlow All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse .manner at a non -erosive velocities through the entire, protected stream buffers without re -concentrating. If this is not possible it maybe. necessary to provide stormwater facilities. that, are considered to remove nitrogen and phosphorus.. Additionally, a stormwater management plan for this project shall provided to this Office before any impacts approved. herein are conducted. The plan shall specify all stormwater i discharge points plan details, and calculations to indicate that diffuse flow through the protected •buffers or 'nitrogen' and 'phosphorus removal as described' above will be achieved. [15A NCAC 02H .0506(b)(5) and 15A NCAC 02B .0233(5)] 14. The.Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "In kind".manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees orwoody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density. sufficient to provide 260 trees per acre atmaturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing).trees per acre.). Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings. do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC.02H .0507 (c),15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233(6)) NEW-BERN RIVER STATION TTMAM; LLC ATTN: MR. HUBIE TOLSON DWR# 054169 V4 401 AND BUFFER APPROVAL Page 5 of 6 1S. Upon completion of all :work approved within the 401 Water Quality Certification. or .. applicable Buffer Rules; any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit; NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 276994650., [15A NCAC,WH .0507 (c)] 16. The applicant and/or authorized agent shall provide a completed Certificate of �. Completion form to the Division within thirty (30) days of project completion (available ' at http•%/Portal ncdenr ore/web/wa/swo/ws/401/certsandpermits/apply/farms). (15A NCAC 02H,0506(b)(5)]. 17. This approval and.its conditions are.final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested. as provided in Articles 3 and 4 of General Statute 15011 by filing a .written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH . Clerk's Office at (919)431-3000 for information.. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is:cohsidered 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 9:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the.OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable: OAH fling fee is received by the OAH within five (5) business dayefollowing the faxed.transmission. Mailirig.addressfor the OAH:. !f sending via US Postal Service;. !f sending via delivery service (UPS, Fed Ex, ' etc.): Office of Administrative Hearings..' OfficeofAdministrative Hearings 6714 Mail Service Center 1711 New Hope Church Road . Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition 'mdst also be served to DENR: . Sam , H.Ha es General Counsel Hayes, De artment of Environmental uali P Q t 1601 Mail Service.Center Raleigh,, NC. 2769971601 NEW BERN RIVER STATION 1TIVIAM; GLC ATTN: MR. HUBIE'TOLSON " DWR# 05=1169 V4 401 AND BUFFER APPROVAL. Page 6 of 6 .: This letter completes the, review of the Division under section 401 of the Clean Water and Neuse Buffer Rules: Please contact Anthony Scarbraugh at 252-948-3924 or, anthonv.scarbraushCa ncdenr.gov if you have any. questions or concerns. Sincerely,.. . i Robert Tankard, Assistant Regional Supervisor ' Water Quality Regional Operations Section Division of Water Resources, NCDEQ . Enclosures: GC 3900 Certification of Completion ...Courtney Spears,,DCM Morehead City.. Raleigh Bland, USACE Washington Regulatoy Field Office (via email) Samir Dumpor; DEMLR WaRO (via email) LaserFlche . File Laura Stasavich, Land Management Group;.lnc..(via:emall: Stasavich@lmgrdup.net) .. I CORRIDOR LI ITIV . . RIPAR RIPARM RRIDORSEtRAGK ,6• . P. WON :'::... OF RFSOUROM Q 31 J2 0 ® e t� 4% 0 26 �j I*1 WATER to O O 53 w m 24 5m NEUSUM 4 wBU6FER 21 5 76 COASTAL SHOR NE 5 0 AEC LIA'Tr � N /S 46 47 18 49 ® m a TOTAL AREA 51 Z t/- eg11 1 e 300 a0a + t/- m ] i6 IS 14 13 12 11 0 � C y a ti � aCap�etl Y( pOCRS wIMATTEMN�� e - \�I asset my pOR& ' s rvorve • an.arnow — "* 15'fi1PAR1ANW RIPARIAN 15' RRIDO LIMIT oU D t QUEEN STREET 60' R/W g�� ; ,� JUL 1 Z Is _ — re �i � ® I� D CITY iem� m o mwe x muna- a x msrar s el nmTem] ed,—e,>- �� � am � rsn a. a4 zuuw uwsswmramaa, pa >d'�(fo/o E i m. nBN1CGYpn 0.N �ma 0 25 50 1 W IONSSHOWNBASED OFF OF NGVD tB2p DATUM. - ' SCALE ,'=50' - USGS MONUMPM626/832. wosm P10I� Neu Beet WwrS,a0on Dale: mn aW: ]t3 PEP:. Naw Gem Rher SlalbniThUhL LLC NfLW SMtidn ®:6&55t5t Name: CEDAR ISIMID NORTH C 01 Bow iu my snd wabr dwm wnbam Pm ded by SWL (,K�y�.ILMG _ 3�:..�vn..00'u Nea Sem Ltewn Cn. NC SCele: 1 =50• M47424 MFANHIGHWATER@MW =0.113 Plemead6m.propasedma aaMmlesaddedby WGW PAM GMA McIm PormRAppUaeNan raam Y Sheet MF1N lDW WATER l6>Lf'.7 •0.fp3 PomYCb9 OaN•Tnb la notaeYpaY aren aigbeetad docmimt VM Nanc.m.�asm Slip Count DetWl Sd,e .rpo�woasxcai' A `� 1 C�7. Coastal Management ENVIRONMENTAL QUALM August 10, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Gommor DONALD R. VAN DER VAART senefnry RECEIVED AU' y 5r,i16 STATE P O ROPER7Y OFFICE Tim Walton State Property Office Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review New Bern River Station TTMAM, LLC BRAXTON DAVIS Din- nor Craven County, at the intersection of E. Front St., and Queen St., in the city of New Bern. Proposes to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 30, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED SEP 16 2016 State of North Carolina l Environmental Quality I Coated Management 400 Commerce Avenue I Morehead City, NC 28557 D C M M H D CITY 252-808-28081252-247-3330 (fix) PAT MCCRORY Governor KATHRYNJOHNSTON Secretary September 12, 2016 To: Courtney Spears Major Permits Processing Coordinator From: Joy Waym \\\ Real Property A Re: CAMA /DREDGE ill Permit Application Review Applicant — New Bern River Station TTMAM, LLC 53-slip marina Reply: The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. 0 RECEIVED SEP 16 2016 DCM- MHD CITY ��Nothing Compares_ State of North Carolina I Administration I State Property Office 1321 Mail Service Center 1116 W. Jones Street I Raleigh, NC 27699-1321 http://www.ncspo.org 1919 807 4650 T 1919 7331431 F CU. Coastal Management ENVIRONMENTAL QUALITY August 10, 2016 MEMORANDUM: aW 1 � goc,eatloaa\ i pttataU`V cgC,�On n She\1E'tswatei p� TO: Shannon Jenkins Shellfish Sanitation FROM: Courtney Spears . Major Permits Processing Coordinator PAT MCCRORY Gommor DONALD R. VAN DER VAART —tory SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: New Bern River Station TTMAM, LLC BRAXTON DAVIS Director Project Location: Craven County, at the intersection of E. Front St., and Queen St., in the city of New Bern. Proposed Project: Proposes to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 30, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Q SIGNED � /�"�--' DATE 2(/1W191 rek: Sfh4 wof) 5�K(NS RECEIVED AUG 2 3 2016 State of North Carolina I Environmental Quality I Contal Management D C M- M H D CITY 400 Commeroe Avenue I Morehead City, NC 28557 252-808-28091252-247-3330(fax) August 10, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY - GJernor DONALD R. VAN DER VAART ' Suaetary BRAXTON DAVIS . Mwaor a Joey White Public Water Supply Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review New Bern River Station TTMAM, LLC Craven County, at the intersection of E. Front St., and Queen St., in the city of New Bern. Proposed Project:. Proposes to construct a 53-slip open water inarina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 30, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED // DATE / 1 k 0 I V � RECEIVED AUG 16.2016 ■ Complete Items 1, 2, and 3. ' ■ Print your name and address on the reverse A. nature i X O .� Agent ! ' ���PAM O.. ddressse 'ii so that we can return the card to you. S. Received by (Ponied Name) e e 1. Dellvery i ■ Attach this card to the back of the mallplece, j or on the front if apace, permits. 1. Article Addressed to: _ D. Is delivery address tliHerentfrerri Item lT ❑`Yes , If YES, enter delivery address below: ❑ No Y.. Q.✓if Type 33.�. ❑ Poonty Mali Express® , gqSppeMce Randcletl Dellvery ❑Regglsry Mail aesMcletl r i _ 9590 9403 0311 5155 3733 20 m'GerdlfleC aND ❑ CeNged Mall Restricted Delivery ❑ Return for 1 ❑ celleeton Delivery ❑ Collect on Dellvery Restricted Dellvery o Signature Confirmatlon- ; —'Insured Mel, ❑ Signature Confirmation 2. AOlclp Nu_mbar (lrans(er hnm service lobe ll 7005 25701 0000115703 975b I •iovo °aso"o,tReama`ad Deuvary, Reatdctea Delivery '� PS Form 3811, April 2015 PSN 7530-02-000-9053 •Domestic Return Recelpt PAT MCCRORY AtGnernor DONALD R, VAN DER VAART Samtory BRAXTON DAVIS Coastal Management Dimoor ENVIRONMENTAL QUALITY e-m,. 5. 15-o1 � V August 10, 2016 �V M 2016 MEMORANDUM: RECED s ibtt TO: Maria Dunn 'r, PnOpe1 NC Wildlife Resources Commission �'//fnnnc 7Q2� FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: New Bern River Station TTMAM, LLC Project Location: Craven County, at the intersection of E. Front St., and Queen St., in the city of New Bern. Proposed Project: Proposes to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 30, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: comments. This agency has no objection to the project as proposed. This agency has no comment on the proposed project. RECEIVED SEP 07 2016 DCM- MHD 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 SIGNED DATE �I 1-2J1t1 State ofNorth Carolina l Hnvironmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fox) - f 69n Spears, Courtney From: Alton Wilson <WilsonA@newbern-nc.org> Sent: Tuesday, October 18, 2016 3:32 PM To: Spears, Courtney Subject: RE: New Bern River Station Marina CAMA app Attachments: DRC COMMENTS FOR RNERSTATION MARINA 818 EAST FRONT STREET NOVEMBER 13 2015-FINAL (003).doc Ms. Spears: Here is the comments from our reviews. Let me know if you need anything else. Sorry it took so long. Thanks, Alton Wilson Chief Building Inspector Development Services City of New Bern 248 Craven St., P.O. Box 1129 New Bern, NC 28563 Ph: (252)639-2941 NEW BERN NORTH CAR.OLINA From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Monday, October 17, 2016 8:55 AM To: Alton Wilson <WilsonA@newbern-nc.org> Cc: Matthew Boswell <BoswellM@newbern-nc.org> Subject: RE: New Bern River Station Marina CAMA app Good morning Mr. Wilson, We have received all other comments from state and federal agencies for the proposed marina from New Bern River Station. Do you have any comments on this project? Thankyou Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office 4 courtnev. spears(a)ncdenr. oov ME 400 Commerce Avenue Morehead City, NC 28557 Nothing Compares � Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Matthew Boswell fmailto:BoswellM@newbern-nc.orel Sent: Friday, September 23, 2016 9:24 AM To: Spears, Courtney <courtnev.spears(a)ncdenr.eov> Subject: Re: New Bern River Station Marina CAMA app Alton Wilson, the chief building inspector, is handling that right now. He said he would get back with you From: Spears, Courtney <courtnev.spears@ncdenr.eov> Sent: Thursday, September 22, 2016 4:37:02 PM To: Matthew Boswell Subject: New Bern River Station Marina CAMA app Good afternoon Mr. Boswell, Have you received the CAMA Major Permit application submitted by New Bern River Station for a marina in New Bern? If so, please let me know if the City would like to submit any comments on this project as proposed. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev. spears(a)ncdenr.o ov 400 Commerce Avenue Morehead City, NC 28557 Nothing Compares,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 9 If you are not the intended recipient, you must destroy this message and inform the sender immediately. This electronic mail message and any attachments, as well as any electronic mail message(s) sent in response to it may be considered public record and as such subject to request and review by anyone at any time. It also may contain information which is confidential within the meaning of applicable federal and state laws. If you are not the intended recipient, you must destroy this message and inform the sender immediately. This electronic mail message and any attachments, as well as any electronic mail message(s) sent in response to it may be considered public record and as such subject to request and review by anyone at any time. It also may contain information which is confidential within the meaning of applicable federal and state laws. If you are not the intended recipient, you must destroy this message and inform the sender immediately. This electronic mail message and any attachments, as well as any electronic mail message(s) sent in response to it may be considered public record and as such subject to request and review by anyone at any time. It also may contain information which is confidential within the meaning of applicable federal and state laws. If you are not the intended recipient, you must destroy this message and inform the sender immediately. This electronic mail message and any attachments, as well as any electronic mail message(s) sent in response to it may be considered public record and as such subject to request and review by anyone at any time. It also may contain information which is confidential within the meaning of applicable federal and state laws. CITY OF NEW BERN DEVELOPMENT SERVICES DEPARTMENT REVIEW SITEPLANREVIEW.• Riverstation Marina DATEITIME. November 13, 2015 — 9: 00 AM OWNERIFIRM: Applicant: Go Architectural Design (252)633-0322 DEVELOPMENT SERVICES: 1. Sign permit and building permit required for all exterior signage. 2. Use Modified International Symbol of Accessibility for handicap spaces. 3. HPC approval is required. 4. Special Use Permit is required. 5. One protected tree island is required for every ten parking spaces. Protected tree island must be at least 162 square feet. 6. Parking spaces must be 9'x 18'. 7. Will need an address(s) if permanent residents. 8. Submit revised plans (with revision dates) and address written comments in writing to Development Services staff prior to obtaining a building permit. WATER RESOURCES/ENGINEERING: 1. Water and sewer service (if needed) will be provided by the City of New Bern. 2. Water and sewer capital recovery and connection fees will be required for the proposed development, if water and sewer service is needed. Please contract Melissa Garris at (252) 639-7596 for a quote of the applicable capital recovery and connection fees. 3. If water service is needed, the proposed service shall be installed with a reduced pressure zone (RPZ) backflow prevention device. PUBLIC WORKS: 1. Stormwater Permit (Local) required. 2. State Stormwater Permit, Erosion Control Permit, etc. as applicable. Provide copy to Public Works. 3. Refuse collection to be provided by the City of New Bern. Contact Public Works @ 252-639-7501 to address what will be needed. ELECTRICAL: 1. Power to site shall be supplied by the City of New Bern. 2. Need copy of electric plans showing location of meter center to include connected load. Meter center cannot be enclosed behind doors and shall be installed to be easily maintained by City Employees. According to height requirements a platform may be required. 3. All conduits to supply power to new service shall be installed by developer/contactor. 4. Looks like parking/loading spaces are located on same lot line as existing electric and CATV box. If the electric boxes are required to be relocated; cost will be passed onto developer. 5. Contact Carl Toler at 252-639-2823 or tolerc@newbem-nc.org to set up on site meeting to review power requirements. INSPECTIONS: No Certificate of Occupancy will be issued until we have the following (if applicable): a. Third party independent testing agency certification and reports required, i.e. concrete breaks, compaction test, torque value inspection, welding certification/inspection report, EIFS Certification of contractor or third party inspection report, etc. b. Any exterior signage will require a zoning permit and building permit with engineering wet sealed documentation indicating meets 120 MPH. c. Chlorination and bacterial test report. d. Install and maintain silt fence. e. Provide interior finish documentation. 2. Provide "911" address confirmation on original sealed set of plans. 3. Provide three sets of plans. 4. Provide copies of all state permits and local permits: a. Sedimentation and Erosion Control Plan. b. DOT Driveway Permit. c. Local Driveway Permit. d. Storm Water Permit — State. e. Local Storm Water Management and Nitrogen Reduction Plan. f. CAMA g. Army Corp. 5. Permits will not be issued until tap fees have been paid and a receipt of payment has been received with the permit application, or e-mail confirming not required. 6. Must meet all ADA requirements (ramps, sidewalks, parking, etc). FIRE: 1. Must meet the requirement of Chapter 45 of NCFC. i. Docks must be provided with standpipe system. ii. Emergency telephone will be required. iii. Emergency operation Staging Areas must be provided. 2. Standpipe FDC must be within 20' of a fire hydrant. 3. FDC must be on an approved FD access road. 4. Contact Danny Hill @252-639-2931 for fire related questions. 5. Access to the marina is required if area is gated. POLICEICOMM: 1. Contact Ronnie Compton at (252) 672-4107 for address verification. CAA VEN COUNTY HEAL TH DEPT. 1. No comments at this time. NCDOT 1. No comments at this time. Special instructions to the developer: In the event an application for a building permit is not submitted within six months, another departmental review committee meeting is required. August 10, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: RECEIVED AVG 292flG ftea Shane Staples Division, of Coastal Management Courtney Spears . Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review New Bern River Station TTMAM, LLC PAT MCCRORY Gomm- R. VAN DER VAART &crsfory BRAXTON DAVIS 04raor Craven County, at the intersection of E: Front St., and Queen St., in the city of New Bern. Proposed Project: Proposes to construct a 53-slip open water marina to serve the future occupants of New Bern River Station. as well as citizens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the. project for reasons described in the attached comments. SIGNED � or DATE 2A! e slate ofNotlh Cuolina �&tv$otmeoml QtallN � Com1e12demgemem 400 Commute Awaw J Morehead aty.NC 28557 252-809-28091252-247-3330(fax) . r5 PAT MCCRORY u„r•,:,t,,,. DONALD R. VAN DER VAART w:�n:nry BRAXTON DAVIS Coastal Management ENVIRONMENTAL OUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: New Bern River Station TTMAM, LLC DATE: 9/9/16 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct a 53-slip open water marina on the Neuse River in New Bern, NC. The marina will consist of an access pier from shore to a platform, a 148' long pier parallel to shore with 175' piers perpendicular to shore at either end. The perpendicular piers will have finger piers along its length and each will have a cluster of finger piers at the terminal end. A breakwater constructed of vinyl sheet pile will be attached to the perpendicular piers that will extend 6ft down from the piers decking; this will allow for 4' to 6' of open water clearance under the breakwater for fish passage. This project was originally permitted under state permit 54- 06. The Neuse River in the vicinity of the project is beginning to narrow down into riverine channel and the project is located just downstream of the area designated as an Anadromous Fish Spawning Area (AFSA). The AFSA designation means the area is critical to the spawning migration of anadromous fish such as striped bass, hickory and American shad. Projects such as this marina have an extensive amount of pile driving associated with them which can negatively impact fish on spawning migrations and while the river is still wide in the project area the margins along the bank is where most fish movement occurs. In order to reduce the potential for negative effects on the spawning migration of anadromous fish an inOwater work moratorium from February 15 to June 30 is recommended. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. stare of North Caroline I Envimnmeotel Quality 1 Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) Spears, Courtney From: Sent: To: Subject: SAW 201601716 Thanks! Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.miI> Monday, October 17, 2016 8:06 AM Spears, Courtney RE: New Bern River Station CAMA permit Tier II PGP 198000291 Your Date -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, October 12, 2016 3:54 PM To: Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.mil> Subject: [EXTERNAL] New Bern River Station LAMA permit Hi Raleigh, Do you have the New Bern River Station CAMA permit for a marina in Craven County? We have received all other comments and are ready to issue once the Corps comments are received. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 TRANSMISSION JOURNAL T330SYOW 1261 TIME FAX NO.1 NAME F670-Al4 : 07-22-2016 14:09 :12522473330 : DEO-COASTAL NO. FILENO. DATETIME DURATION PGS TO DEPT MODE STATUS 036 219 07.22 14:08 00:15 2 n 919109382722 EC 603 OK am o2 aty (�/I to �az2/Ica Coastal Management ENVIRONMENTAL QUALITY The Sun Journal Legal Advertisement Section P.O. Box 1149 New Bern, NC 28563 Re: Public Notice — New Bern River Station Dear Sir: YAI MUCKUKY Governor DONALD R. VAN DER VAART secmlan BRAXTON DAVIS 1)nr.r,a July 15, 2016 Please publish the attached Notice in the July 31, 2016 issue of the Sun Journal. 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 Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, // l lA Wwl Brad Connell Coastal Management Representative Enclosure cc: Courtney Spears Roy Brownlow '-^Nothing Compares .- State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on July 15, 2016. According to said application, New Bern River Station TTMAM, LLC proposes to construct a marina within the Neuse River, adjacent the intersection of Queen and Front Streets in New Bern, Craven County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to August 19, 2016, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: July 31, 2016 Nothing Compares:. _ State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T CA "'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: New Bern River Station TTMAM, LLC Date: 7/22/16 Project Site County: Craven Staff: Brad Connell District: Elizabeth City ❑Washington ®Morehead City []Wilmington Project Name: New Beet River Station Date of initial application submittal (EX: 1/8/2007): 7/15/2016 Date application "received as complete" in the Field office (EX: 1/8/2007): a Permit Authorization: ZCAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes ZNo Photos Taken: YesEl NoM Setback Required (riparian): SYes No Critical Habitat: ❑Yes ❑No ZNotSure 15 foot waiver obtained: Yes J@No Hazard Notification Returned: []Yes ®No SAV: ®Yes [-]No ❑Not Sure Shell Bottom: Yes ONo Not Sure Temporary Impacts: ❑Yes ®No Sandbags: ❑Yes ®No Not Sure Did the land use classification come from county LUP: []Yes ®No Mitigation Required (optional): []Yes ®No Moratorium Conditions: Yes NNo []NA Environmental Assessment Done: ®Yes []No ❑ NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Disfichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (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 comet 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 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ® III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 02/15/10 MC 37ivision of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: New Bern River Station TTMAM, LLC Date: 7/22/16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 manna 1 New Work ® Maint ❑ Replace ❑ Y ON 53 docks 6 New Work Maint ❑ Replace ❑ Y ON 26', I05', 175', log' 6' tiger piers 27 New Work ® Maint ❑ Replace ❑ Y ON 70', 30', 35', 50' S' gazebo I New Work 0 Maint ❑ Replace ❑ Y ON 30' 30' revised 02/15/10 g NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: New Bern River Station TTMAM, LLC Date: 7/22/16 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total Includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 46,028 ft2 46,028 ftz Wetlands 12It' 12 ftz Dredge ❑ Fill ❑ Both ❑ Other ® Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanaaement.net revised: 02/15/10 LMG LAND MANAGEMENT GROUP rNc. Environmental Consultants July 8, 2016 NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 RE: NC CAMA Permit Application, New Bern River Station City of New Bern, Craven County Dear SirlMadam, This letter serves to notify the NCSPO of a proposed open water manna to be located near the intersection of East Front Street and Queen Street in New Bern, NC. The applicant, New Bern River Station TTMAM, LLC, proposes the 53-slip, open water manna to serve the New Bern River Station residential development and the adjacent community. As an adjacent riparian property owner (Craven Parcel ID 8-003-241-A), the NCSPO is required by the NC Coastal Area Management Act (CAMA) permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC DCM is enclosed. If you have any comments on the project, they can be directed to Mr. Brad Connell, NC DCM, 400 Commerce Avenue., Morehead City, NC, 28557 or 252-808-2808. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 91 OA52-0001. Sincerely, Laura Stasavich Land Management Group, Inc., agent cc: Mr. Brad Connell, NC DCM RECEIVED JUL 15 2016 DCM- MHD CITY www.lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, INC 28403 - P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP ixc Environmental Consultants July 8, 2016 NC DOT c/o Mr. Jay Johnson 105 Pactolus Highway (Hwy 33) Greenville, NC 27835 RE: NC CAMA Permit Application, New Bern River Station City of New Bern, Craven County Dear Mr. Johnson, This letter serves to notify the NCDOT of a proposed open water marina to be located near the intersection of East Front Street and Queen Street in New Bem, NC. The applicant, New Bern River Station TTMAM, LLC, proposes the 53-slip, open water marina to serve the New Bern River Station residential development and the adjacent community. As an adjacent riparian property owner (Queen Street), the NCDOT is required by the NC Coastal Area Management Act (CAMA) permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC DCM is enclosed. If you have any comments on the project, they can be directed to Mr. Brad Connell, NC DCM, 400 Commerce Avenue., Morehead City, NC, 28557 or 252-808-2808. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, Laura Stasavich Land Management Group, Inc., agent cc: Mr. Brad Connell, NC DCM RECEIVED JUL 15 2016 DCM- MHD CITY www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, INC 28403 • P.O. Box 2522, Wilmington, INC 28402 Coastal Management ENVIRONMENTAL QUALITY August 9, 2016 New Bern River Station TTMAM, LLC c/o Mr. Hubert Tolson 227 East Front Street New Bern, NC 28560 Dear Mr. Tolson: R PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located adjacent to the Neuse River near the intersection of Queen and Front Streets in New Bern, Craven County. It was received on August 8, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 27, 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 August 8, 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 your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right- of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Nothing Compares. _ State of North Carolina I Euviromaental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T 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 me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, ,�� �� " (�rw Brad Connell Coastal Management Representative BC Enclosure CC: Roy Brownlow, District Manager Courtney Spears, Asst. Major Permits Coordinator Lara Stasavich, Land Management Group, Inc. Nothing Compares�.� Slate of Noah Carolina I Environmental Qtality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T LAMA PERMIT APPLIED FOR PROJECT: Construct a 53-slip marina adjacent to the Neuse River near the intersection of Queen and Front Street, in New Bern. COMMENTS ACCEPTED THROUGH August 19, 2016 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: New Bern River Station TTMAM, LLC Brad Connell - DCM c/o Mr. Hubert Tolson 400 Commerce Avenue 227 E Front St Morehead City, NC 28557 New Bern, NC 28560 (252)808.2808 Page 1 of 4 ' Workflow No. 0000117442-0001 L7 Image ID: 000002368570 Type; CRP Recorded: 07/14/2014 at 04:04:57 PM Fee Amt: $66.00 Pape 1 of 4 Revenue Tax: $40.00 Workflow# 0000117442-0001 Craven, NO Sherri 8. Richard Register of Deeds OK3291 PD561 Prepared by: Jonathan E. Friesen, Oliver Friesen Cheek, PLLC, PO Box 1548, New Bern, NC 28560 No title examination was performed by Oliver Friesen Cheek PLLC. Revenue Stamps: S40.00 Tax Parcel Numbers: 8.003-B-OOA, The property herein conveyed is not Grantor's primary residence. 8-003-B0011, 8-003-B-OOC, 8.003-13- 0013, 8-003-B-OOE, 8-003-B-0OF, 8-003-B-12000 STATE OF NORTH CAROLINA COUNTY OF CRAVEN TRUSTEE'S DEED THIS TRUSTEE'S DEED, made and entered into this the T day of July, 2014, by and between: DAVID J. HAIDT, SUBSTITUTE TRUSTEE for UHF Development, Inc. 227 East Front Street New Bern, NC 28560 (hereinafter "Grantor") and New Bern River Station TTMAM, LLC 227 East Front Street New Bern, NC 28560-2145 (hereinafter "Grantee") (All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context); RECEIVED JUL 15 2016 DCM- MHD CITY le Page 2 of 4 III IIIII � tall IIIII Iltll �I Illn IIIII IIIII Intl III II�Illull Image I0: 000002358571 Type: CRP Pape 2 of 4 WITNESSETH: Ew3291P0562 WHEREAS UHF Development, Inc. executed to Mark S. Hardman, Trustee for New Bern River Station TTMAM, LLC, upon the lands hereinafter described, a Deed of Trust dated October 27, 2006 and recorded in Book 2573, at Page 101 in the office of the Register of Deeds of Craven County, North Carolina; and WHEREAS by instrument dated March 17, 2014, recorded in Book 3266, at Page 833, in the office of the Register of Deeds of the above -captioned county, the Grantor was substituted as Substitute Trustee of said Deed of Trust in the place and stead of the original Trustee; and WHEREAS the indebtedness secured by said Deed of Trust being overdue and unpaid and the Holder of said indebtedness having called upon said Substitute Trustee to foreclose said Deed of Trust; and WHEREAS said Substitute Trustee having given notice of the commencement of foreclosure of said Deed of Trust to those persons entitled to same and those entitled to notice having waived their rights to notice and a hearing pursuant to the provisions of Article 2A of Chapter 45 of the General Statues of the State of North Carolina; and WHEREAS, the Clerk of Superior Court of Craven County having authorized, ordered, and directed that said Substitute Trustee could proceed under said Deed of Trust to give notice of and to conduct a foreclosure sale, all of which appears of record in File No. 14-SP-237 in the office of the Clerk of Superior Court of Craven County, North Carolina; and WHEREAS, a report of said sale was duly made to the Court and the same has not been raised, upset, or increased as provided by law and said purchase price has been paid as in said Deed of Trust prescribed. NOW, THEREFORE, for and in consideration of the premises and the sum of Twenty Thousand and 00/100 Dollars ($20,000.00) the Grantor has bargained and sold and by these presents does bargain, sell, and convey unto Grantee, said Grantee's Heirs and assigns, the following premises, to wit: All those certain tracts or parcels of land lying and being situate in Number Eight (8) Township, Craven County, North Carolina, and being more particularly described as follows: Beginning at a point in the northern right-of-way line of Queen Street located the following courses and distances from an existing P.K. nail set in the intersection of the centerlines of the pavement of Craven Street and Queen Street: North 690 57' IT' East 222.87 feet to a P.K. nail and then North 200 00' 00" West 30.00 feet to the point of beginning. Thence from the point of beginning so located, North 200 00' 00" West 150.00 feet to an existing iron pipe; thence South 700 07' 00" West 40.00 feet to an existing iron pipe; thence North 20° 00' 00" West 172.00 feet to an existing concrete monument; thence North 700 07' 00" East 397.61 feet to an existing iron pipe located in the mean high water line of the Neuse River; thence along and with the mean pn E IV E D line of the Neuse River the following courses and distances: South 49' 32, higj�0 �� 21.40 feet, North 87° 48' 09" West 14.56 feet, South 40e 21' 26" West 18.21 feet, North 2016 JUL 15 DCM- MHD CITY Page 3 of 4 G5 990 50' 53" East 18.15 feet, South 29° 14' 41" East 31.63 feet, South 140 10' 01" West 10.30 feet, South 390 57' 12" East 56.78 feet, South 59' 02' 38" East 30.00 feet, South 310 23' 04" East 76.34 feet, South 250 08' 49" East 82.56 feet, South 230 49' 26" East 54.21 feet, South 400 29' 39" West 6.18 feet, South 330 08' 59" East 3.98 feet and South 790 39' 17" East 17.66 feet to a point; thence leaving the mean high water line of the Neuse River and running South 70° 07' 00" West 165.00 feet to a new iron pipe in the eastern right-of-way line of East Front Street; thence along the eastern right -of --way line of East Front Street North 20° 03' 56" West 30.18 feet to a new iron pipe in the northern right-of-way line of Queen Street; thence along the northern right-of-way line of Queen Street South 700 07' 00" West 231.85 feet to the point of beginning. The above described Tract contains 3.00 acres more or less and is delineated on the survey prepared for New Bem River Station TTMAM, LLC by Brad L. Suitt & Associates, PA. dated November 23, 2003. LESS AND EXCEPTING Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of River Station subdivision, as the same are shown and delineated on that certain map or plat entitled "Subdivision of River Station A Planned Unit Development" and recorded in Plat Cabinet H, Slides 86-E and 86-F in the office of the Register of Deeds of Craven County, North Carolina. The above -described property is conveyed "AS IS, WHERE IS, AND WITH ALL FAULTS." No representations or warranties relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the above -described property are made and any and all responsibilities and liabilities arising out of or in any way relating to any such condition expressly are disclaimed. TO HAVE AND TO HOLD, the said premises, together with all privileges and appurtenances thereunto belonging unto the Grantee, said Grantee's heirs and assigns, in as full and ample a manner as the Grantor is empowered to convey the same. IN WITNESS WHEREOF, the Grantor caused this instrument to be executed in such form so as to be binding this the day and year first above written. G OR: ' I (SEAL) David J. Maidt, Substitute Trustee For UHF Development, Inc. Image ID. 0000O2358572 Type. CRP Page 3 of 4 BK3291 PG563 RECEIVED JUL 15 2016 DCM- MHD CITY Page 4 of 4 G' NORTH CAROLINA CRAVEN COUNTY 1 certify that the following person personally appeared before me this day, acknowledging to me that he signed the forgoing document for the purpose stated therein, in the capacity indicated therein: David J. Haidt, Substitute Trustee. , , A Date: July ILI, 2014 dl%litf/li��. i atu e of Zary Public KATHRYN F. WILLIAMS Notary Pubic. North Carolina (/(�� Craven County NA My Cop issi n Expires Printed Namt of Notary Public My commission expires: �ID ar,'A4q (Official Seal) Image ID: DOW02358573 Type: CRP Page 4 of 4 13K3291 Pr-564 RECEIVED JUL 15 2016 DCM- MHD CITY 631 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2005 Expiration Date: December 31.2010 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. 1. O_peratine Procedures: a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine RECEIVED JUL 15 2016 DCM- MMH � %_ . the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be fumished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Quality (NCDWQ) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. C. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWT. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in anyway, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. RECEIVED JUL 15 2016 DCM- MHD CITY 6 h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWQ will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. in. No work may proceed under this general permit until the District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the District RECEIVED JUL 15 2016 .: �. .e. /�wi.._':�itYM � '._:. :'::.... _ .. . :.. ' '. �u6l. �v a.�tiF.: M.�.Ysuiv.::�i:4. � .` _ •.. ....sRu�e..Ee#� M&A M Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions. a. Except as authorized by this general permit or any USACE approved modification to this general 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. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. 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). e. The activities authorized by this general permit 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 a reason other than safety. f. 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 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 or alteration. g. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore RECEIVED JUL 15 2016 �.DDMAWi ZJTY the affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. in. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. n. This general permit does not authorize any activity which the District Engineer determines, after any necessary investigations, would adversely affect: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. (2) Historic, cultural or archeological sites listed in or eligibREr C E I V E D JUL 15 2016 DCM- MHD CITY inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck. Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531). o. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. p. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. q. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Charles R. Alexander, Jr. J Colonel, U.S. Army District Engineer RECEIVED JUL 15 2016 DCM- MHD CITY q ��ENT Op GF �.illltw PIN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 August 12, 2009 Regulatory Division Action ID No. SAW-2008-1544 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 UHF Development Group, LLC Attention: Hubie Tolson to construct a 53-slip marina at their property located at the intersection of East Front Street and Queen Street adjacent to the Neuse River in New Bern, Craven County, North Carolina. This permit authorizes construction of a 6 foot by 26 foot pier with a 30 foot by 30 foot covered platform, a 6 foot by 148 foot pier parallel to the shoreline, two shore perpendicular piers measuring 5 feet by 175 feeet, three 30 foot by 5 foot finger piers, two 50 foot by 5 foot finger piers, four 40 foot by 5 foot finger piers, two 35 foot by 5 foot finger piers, and six 30 foot by 5 foot finger piers, two shore -parallel piers measuring 105 foot by 6 foot, ten 70 foot by 5 foot finger piersand sixteen mooring pilings. 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, RROCT I V E D JUL 15 2016 DCM- MHD CITY C( 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. 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. 6. This permit does not authorize the interference with any existing or proposed Federal project, and the Permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 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 rem �l full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (Nor C CE I VE 'D JUL 15 2016 DCM- MHD C!Ty q Carolina General Statutes Chapter I I3A 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 NTUs 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 NTUs or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. No structures or permanent moorings are permitted within the setback of the federal channel. Questions or comments may be addressed to Ms. Tracey Wheeler, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 24. Sincerely, l,Jk-U-6_-- Tracey Wheeler Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEIVED JUL 15 2016 DCM- MHD CITY I Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Tere Barrett, District Manager Morehead City Field Office North Carolina Division of Coastal Management RECEIVED JUL 15 2016 DCM- MHD CITY -:..ep;lutf ua UJ:.dep u"v Deveiapemenzbroup LLU tcoct b Ita-r9ob P.c 6 Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Depuunem or Envitonatent and Nanual Resources Coleen H. Sullins, Director Division of Water Quality Chuck WaKild, P.E., Deputy Director Division of Water Quality August 28, 2008 DWQ Project # 05-1169 Vee3 Carven County UHF Development Group, LLC Mr. Hubie Tolson 227 East Front Street New Bern, NC 28560 Subject Property: New Bern River Station Neus.: River Approval of 401 Water Quality Certification (GC3641) and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Tolson: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 1.06 acres of waters b) shading and 12 square feet of wetlands by shading as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on July 10, 2008. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 1641 covers these water impacts. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get or otherwise comply wilt. any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. if you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigat.on may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVED The Additional Conditions of the Certification are: JUL 15 2016 Impacts Approved dQ�� The following impacts are hereby approved as long as all of the other specific and general cot,IsMHD CITY Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved kUnits Plaa Loeation or Reference siw� feet 404/CAMA Wetlands 0.00027 (acres Pier Waters 1.06 acres Pier Buffers 300 s [rare ft. Pier North Carolina Division afWater Quality Internet h2o.enrstatamus One 943 washingtoa Square Man Phone: 252-946-6481 Washington, NC 27889 FAX 252-946.9215 NorthCaratina An Equal oppodunay[Atfrtmattee Action Employer— 50%Recyded110% Post Consumer Paper Nh!RL 1J8 08 03:33p UHF DevelopementGroup LLC (252)638-7456 p.3 Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight(Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certi3cation The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3641. 4. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non -erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream as identified within 15A NCAC 28 .0233 (5), If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your applicaton and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the :,eview of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer pra:ection rule as described within 15A NCAC 2B .0233. if you have any questions, please telephone Roberto Schelbw of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit ai, 919-715-4631. rJSincerel , I — 'ti fn I�S�ins1 Enclosures: Certificate of Completion GC 3641 cc: Corps a f Engineers Washington Field Office DWQ 401 Oversight/Express Unit LAMA, Doug Hugget, Morehead Office CAMA, Jonathan Howell, Morehead Office File copy Central Files RECEIVED JUL 15 201.6 DCM- MHD CITY File:05.1169 ver3 8 08 03:33p UHF DevelopementGroup LLC (252)638-7456 p-4 6f WQC #3641 CAMA PERMIT 401 WATER QUALITY CERTIFICATION AND WRITTEN DIVISION OF WATER PLIERS,, MAINTENANCE SPECIFIED D BOENAN E DREDGING, UTILITY NSHADING,AT RAMPS, BULKHEADS, ES AND UPLAND DEVELOPMENT This General Certification and written concurrence is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Divisior of Water Quality Regulations in 15 NCAC 2H, Sectlon .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described In General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3351 issued on March 18, 2002 and WOC 3490 issued March 28, 2003. This Water Quality Certification (WQC) is rescinded when the Corps of Engineers re- authorizes these Nationwide or Regional General Permits or when deemed appropriate by the Director of the Clviston of Water Quality (DWQ). The State of Noh Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301. 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification, the CAMA Permit and General Permit 198000291. If any condition in this Certification cannot be met, then the applicant is required to sultmit an application and receive written concurrence from DWQ prior to beginning work; 2. The following activities do not require written concurrence and do not require payment of the 401 Water Quality Certification fee- • Boat Ramps and associated access (i.e., roads and parking lots) that Involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the'exception that the excavation or filling of coastal wetlands may not exceed 100 square feet and except when associated with new marinas, subdivisions and commercial development); • Shoreline protection measures that tie into existing bulkheads, land or other shoreline protection measures or do not extend waterward of the water tine more than 10 feet, provided that the activity will not involve the excavation or filling of any SAV or shellfish resources and impacts less than 500 square feet of vegetated wetlands or less than 100 square feet of coastal wetlands; • Piers and docks designed to accommodate fewer than 10 vessels and the water depth is greater than three feet; Bt EC E I V E D • Maintenance dredging of less than 0.5 acres of water or non -vegetated wetlan provided that the applicant can provide written documentation showing the historic dimensions of the dredged channel, and no Submerged Aquatic JUL 15 2016 Vegetation or shellfish beds are excavated or filled; • Projects that only involve shading of waters or wetlands; g (9OM _ M H D CITY • Utility lines, except wastewater lines and potable water discharge lines whi r subject to an NPDES Persil, as long as wetland or water impacts aretemporary; Q8 08 03: 33p UHF DevelopementGroup LLC ttbeJ bJUH /4bb P•b a WQC #3641 Upland development which involves no more than 1110 of an acre of excavation or filling of non -coastal wetlands, with the exception that no more than 2,000 scuare feet of the non -coastal excavation or filling may take place within an Area of Environmental Concern. For the purposes of this area calculation, the excavation or filling Impacts of boat ramps, bulkheads or other shoreline stabilization measures must be considered. The applicant must comply with all applicable coastal stormwater rules; Single family home construction that results in fill of 404 wetlands as long as wiittsn concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit. 3. Activi:ies authorized by Coastal Area Management Act (CAMA) General permits do not require written concurrence from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 4. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must Include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies by the Division of Coastal Management; 5. This certification does not eliminate the need to obtain any additional permits, apprcvals or authorizations that may be required. Specifically, the permilee shall contact the North Carolina Division of Water Quality to determine consistency with the N suse or Tar -Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259) (or any other river basins with Buffer Rules in effect at the time of application). Activities listed as "exempt from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide 'Iparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar- Pamf co River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233 and .0259, All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protest water quality to the maximum extent practicable through the use of best manegement practices. Activities listed as 'exempt" from these rules do not need to apply for written concurrence under this Certification; 6. Appropriate sediment and erosion control practices that equal or exceed those outlined in the most recent edition of the "North Carolina Sediment and Erosion Control Planning and Design Manual' or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DENR Regional or Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTU's in freshwater streams and rivers; 25 NTU's in all saltwater classes, and all lakes and reservoirs); 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 6. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 9. Measures shall be taken to prevent live or fresh concrete from coming into contact p with waters of the stale until the concrete has hardened; f S (+ ED JUL 15 2016 DCM- MI-140 CITY .._108 08 03:33p UHF DevelapementGroup LLC 12521638-7456 p.6 q W QC #3641 10. This General Certification is not applicable to a project where the Director of the Division of Water Quality or the Director of the Division of Coastal Management have determined, based an an initial review of the application, that written concurrence is needed because of concerns related to water quality or aquatic life - it. Add.tional site -specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification In order to ensure compliance with all applicable water quality and effluent standards; 12. If wr tlen concurrence is required for this activity, DWQ shall be sent a written notif:cation within 30 days of completion of the wetland or stream impact or upon expiration of the 404 Permit or 401 Certification. Such notification shall be sent to the Central Office of the Division of Water Quality on the form provided with the Certification, shall be accompanied by a map depicting the work completed, and shall be signed by the land owner or other responsible party; 13. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of coastal Management General Permit for construction of Wooden and Riprep Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 14. Projects with any Impacts to streams, wetlands, and/or waters that have received a Notice of Vrolation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams. wetlands, and waters. 15..When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 16. Standard Erosion and Sediment Control Practices: Erosion and sediment control practices must be I afull compliance and with and specifications governing the prop design, maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design. installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. RECF .w® JUL 1im16 OCM- A,4HD CITY ._p 08 00 03:34p UHF Developementuroup LLU 1.'GbL1bJt1-040b P. r WQC #3641 17. No Impacts Beyond those In Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparienareas beyond the footprint of the impacts depicted in the Pre -construction Notification. All construction activities, including the design, installation, operation, and rraintenance of sediment and erosion control Best Management Practices, shall be pe formed so that no violations of stale water quality standards, statutes, or rules occur 18. No Sediment and Erosion Control Measures in Wetlands. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion controldevices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. Nan -compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocatioi of this Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if It Is determined (hat the project Is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision it deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date:19 March 2007 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3641 JUL 1 DCM- MHn CITY 08 08 03:34p UHF DevelopementGroup LLG tGb2r6Ja-04nb Michael F. Easley, Govemor p.a �oF VNATFq William G. Ross Jr., secretary O QG North Carolina Department of Environment and Natural Resources Coleen H. Sullins. Director r Division of Water Quality >_ y � Y DWQ Project No.: _ County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion o:? all work approved within the 401 Water Quality Certification or applicable Buffer Rules; and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-16% This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approvers plans and specifications, and other supporting materials. Signal=: Date: Agent's Certificat(on L ,hereby state that, to the best of my abilities, due care and diligence was '.Lsed in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. If this project wa;r designed by a Certified Professional L as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (period.cally, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date RECEIVED JUL 15 20;5 DCM- MHD U; Y North Carolina Division of Water Quality, 401 Wetlands C8111flCatlen Unit. 1650 Mail Service Center, Raleigh. NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733.6893 (fax), http•J/h2o.enr.state.nc.us/ncweUands/ if LEEXA c AiA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary August 8, 2008 Land Management Group Inc. PO Box 2522 Wilmington, NC 28402: Enclosed please find responses from the North Carolina (State) Environmental Policy Act (SEPA) coordinator concerning the New Bern River Station Project. The coordinator has indicated that because of the nature of the comments received during the State Clearinghouse review, no further environmental review action is required under SEPA. Please feel free to contact me by phone (252 808-2808) or by e-mail at (rich.weaver@ncmail.net) if you would like to discuss this matter further. Sincerely, Doug Huggett Major Permits Coordinator cc: DCM- Wilmington RECF.Q ED JUL 1,; 116 DCM- Ml ;: ` CITY 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper I North Carolina Department of Administration Michael F. Easley, Governor June 11, 2008 Mr. Doug Huggett N.C. Dept. of Env. & Nat. Resources Division of Coastal Mgt. 400 Commerce Avenue Morehead City, NC 28557 Re: SCH File # 08-E-4300-0317; EA/FONSI; Development of a 53-slip marina along the Neuse River in New Bern, Craven County Dear Mr. Huggett: The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. No comments were made by any state/local agencies in the course of this review. Therefore, no further environmental review action on your part is required for the compliance with the Act. Best regards. cc: Region P Sincerely, .�jm IS-) Valerie W. McMillan, Director State Environmental Policy Act RECEIVED JUL 15 2016 DCM- MHD CITY Mailing Address: Telephone: (919)807-242S Location Address: 1301 Mail Service Center Fax (919)733.9571 116 West Jones Street Raleigh, NC 27699-1301 State Courier 851-01-00 Raleigh, North Carolina e-mail volerie.w.mcmillanCdon.nc.gov An Equal Opportunity/Afrmalive Action Employer ■ Complete Items 1, 2, and 3. " "s'""J'! _ // �j ❑ Agent ■ Print your name and address on the reverse X / .u/!;'1,�Q- so that we can return the card to you. /fi' El Addresses ■ Attach this card to the back of the mailpiece, B. aceived by fed C. Duw of o I'vlll y or on the front If space permits. _ ��j Q •'i 1 - 1. Article Atldt NW to: D. lsd*myad&UgsdlffWnt from Hera 17 O Yea If YES, enter delivery address below: ❑ No N c po1- 2o°I Sr Gta1b✓rn�e2oad N4W BW14j, rk A670b 3. service -type ❑f ty Mall Express® 0 Adult El d II�IIIIII Ilfl N IIIII III I IIIII II I II II I I IIIII III a MeA® Restricted Delivery ❑ ReUlDe �tere0re Mell ResNded 9590 9403 0311 5155 3733 75 CeiaOeE Mall Reaetcted Delivery ❑ Collect on Delivery ry ❑ Re U'ri Recelptfor Merohandee ����w 2. Artiols Number (NneAM tlam S ke i l/ I I Cas,ml n I IL•Ilv,ny I IesU KA.LJ DaIIvaY sunx)Mnil Slpnature ConfltTetlOn"^ ❑ Rlgnature ConOnnatlon 7015 3430 0000 1345 5148 wMa,I 11 a1'. tml Dan. ry Reetdoted Delivery vor ESUUI Ps Form 3811, April 2o15 PSN 753o-m-000,-om Domestic Return Recelpt RECEIVED AUG � 8 2016 p�M. MAD CITY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front If space, permits. 1. Article Addressedto•. NC S�►-fC � (�^� vT7)C2 P_& ; 9tiI AX a7%0q 111111111111111111111111111111111111111111 9590 9403 0311 5155 3733 37 iM101 — 2. Article Number (Transfer /rom seMce IaGey 7015 3430 0000 1345 5261 PS Form 3B11. April 2015 PSN 7530-02-000-SM A. x 0 Agent ❑ Addressee B. Recelved by (Punted Name) C. Date of 06" D. Is delivery address different from item 1? ❑ Yes R YES, enter delivery address below: 13 No I Adull Signature1"Prlodty MaN ExpreeW A i9norao Raetrlcled Delivery Hiles MWle ❑Ra9lafaaw Main, ❑ RaBletered Mal ResMotad Dellvay 1 Cerliaed Mall Rofbkled Delivery ❑ Rehm Receipt for I Collect on Dolivory Mercherrdlse 1 Collott on Delivery Resniaed Delver, 0 319nature Confn nwior^ - 'laaedMnll ❑ Signalize Conaanalbn Ina nod Mal Restricted CeiNs, 11"tdcted Derway rover swo) RECEIVED AUG 0 8 Z016 DCM_ MHD CITY Domestic Return Receipt USPS.com(& - USPS Tracking® Page 1 of 2 % English Customer service We Mobile IJOUSPSCOMe Register Sign In Customer Service ) USPS Tracking® Ea Have questions? We're hem to help. �J Get Easy Tracking Updates > Sign up for My USPS. Tracking Number. 70153430000013455261 Updated Delivery Day: Monday, July 18, 2016 Product & Tracking Information Available Actions Postal Product: Features: First -Class Mails Certified Mail- Return Receipt Tent Updates See tracking for related item: 9590940303115155373337 Email Updates DATE a TIME STATUS OF ITEM LOCATION July 18, 2016 , 3:29 pm Delivered RALEIGH, NC 27699 Your item was delivered at 3:29 pm on July 18, 2016 in RALEIGH, NC 27699. July 16, 2016,12:40 pm Business Closed RALEIGH, NC 27699 July 16, 2018 , 11:52 am Arrived at Unit RALEIGH, NC 27611 RECEIVED July 13, 2016, 8:34 pm Departed USPS Facility RALEIGH, NC 27676 July 13. 2010 , 10:05 am Arrived at USPS Facility RALEIGH, NC 27676 AUG U 8 Z 016 July 13. 2016. 2:05 am Departed USPS Facility CHARLOTTE, NC 28228 DCM— MHD CITY July 13, 2018,12:00 am Anved at USPS Origin Facility CHARLOTTE, NC 28228 July 12, 2016 , 10:25 am Acceptance WLMINGTON, NC 2a403 Track Another Package Manage Incoming Packages Tracking (or ncslpq number youra dashboartl. Traci all your packages ie"inw No tracking necessary. *0 Track It Sign up for My USPS > https://tools.usps.comlgolTrackConfirniAction.action?tRe�f illpage&tLc=1&text28777=&t... 8/8/2016 USPS.com® - USPS Tracking® 11 Page 2 of 2 HELPFUL LINKS ONASOUT.USPS.COM OTHER USPS SITES Confect Us About USPS Home Suameae Cusbmer Getaway Site Aide. Newsroom Postal Inspeclom FAOs USPS Service Updates Inspector General Fonns & Publications Postal Explorer GovammeM SeMoes National Postal Museum Careers Resources for Developers CopynSM 02016 USPS. All Rights Reserved. LEGAL INFORMATION Pnvscy Policy Terms of Use FOIA No FEAR Ad EEO Data RECEIVE® AUG 0 8 2016 DCM- Ill CITY https://tools.usps.com/go/TrackConfimiAction.action?tRef=fullpage&tLc=1 &text28777=&t... 8/8/2016 Laura Stasavich From: Govorl Daniel [daniel.govoni@ncdenr.gov] Sent: Tuesday, August 18, 2009 3:35 PM To: Laura Stasavich Subject: UHF Development Attachments: Daniel M Govoni.vof Hello Laura, per our conversation, at this time all comments have been received and are awaiting for the decision to be made on the special use permit so that a final permit decision can be made. Thank you -Daniel [�'2252,ame1 sst M. Govanirmits h'aioeCoordinator808-23"'Sr52j247-3330F x i daniel.gavoniZncdenr.go% ..Division of Coastal Managerr:ent 400 Commerce A••. e. Morehead City NC 2855 "NOTE: NEW EMAIL ADDRESS" E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. RECEIVED JUL 15 2016 DCM- MHD CITY 8/26/2009 0 AP LMG LAND MANAGEMENT GROUP rNc Environmental Consultants July 25, 2016 NC DOT 209 South Glenburnie Road New Bern, NC 28560 RE: NC CAMA Permit Application, New Bern River Station City of New Bern, Craven County Dear Sir/Madam, This letter serves to notify the NCDOT of a proposed open water manna to be located near the intersection of East Front Street and Queen Street in New Bern, NC. The applicant, New Bern River Station TTMAM, LLC, proposes the 53-slip, open water marina to serve the New Bern River Station residential development and the adjacent community. As an adjacent riparian property owner (Queen Street), the NCDOT is required by the NC Coastal Area Management Act (CAMA) permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC DCM is enclosed. If you have any comments on the project, they can be directed to Mr. Brad Connell, NC DCM, 400 Commerce Avenue., Morehead City, NC, 28557 or 252-808-2808. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at910-452-0001. Sincerely, Laura Stasavich Land Management Group, Inc., agent cc: Mr. Brad Connell, NC DCM RFcF��F O Oc � 'ors M. MHO c�T Y www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 C.� ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplace, or on the front If space permits. I. Article Atltlressad to: (2a 4 9 N, Ali an^,,I A. X El Agent —. ❑ Addressee B. Recelved by (Filmed Name) C. Date of Dellvery D. Is delivery address dllferent fmm item 17 ❑ Yee If YES, enter delivery address below: No IIIII'I'I I'll I'I II III I III'I II ll II II I I II l II r aO S]g 1.ype Cl Adult Signature O POOdIv%ge Mail Fdr. ❑Raglan Ma Mery I III 1 A u . ReStricleU Delivery LGerllr ❑ R¢eisleretl Melt Resplc Delivery 8590 9403 0911 5155 3739 97 ❑ cons as M°° Resvkted DNba y ❑ aan m Raw pt to - 2. Article Number (rranslar /turn ygiv/ce /uGelJ I I colkcl on Da4vory I:1 Coikcl on Dellvwy R°atrkt°C D°livwy SIU.M.m Co ❑ Signature 7015 3430 0000 1345 5261 'nswetl lns�#et1 Mell ReMrlcled Delivery cmilrmatbri ❑Signature Qe6 r, Rae07ctetl OeMva loverf50D I1 PS Form 3811, Apr112015 PSN 7530-D2.000-eoSS tMmastic Return Receipt ghtsv111@ Hvull— ton, NC 28403 IIIuIIiII�IIInfIV�VI!t6Nll 10 91 U .AP�9iAGE AGE94109 TON, NC JU�MOU NT E 1000 20 R2904M 114099-09 NC -Dar t O MCJ 7knsa� 33) NDT DELIVERA9lE AS ADDRESSED, UNAKE10FORWARD i 41j V 4 ■ Complete Hems 1, 2, and 3. A. SQnatum - ■ Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Addressee B. ReoeNBd by fPd-W NerngJ C. Date of Dehey ■ Attach this card to the hack of the mailpiece, cr on the front if space permits, 0 1. Article Addressed to: _. D. Is delimy address dmerent from item 17 ❑ Yes IF i Nc DaT— YES. enter delivery address below: ❑ No ua�-u�T�k�snla 1� U� S� Pa C- lro tu-s t-A.v yC i� /" Uytp wtv, &/�IL ;013S 3 Semce ❑❑ Atluurcrc sSed gnM�TeYYaP®eee Resticted Dea ❑rfortyMwi Evaa! ❑ Ftege 8����IIIII �IIIHNn��II II II� RR�aiMall ResfkW D 9590 9403 0311 5155 3733 44 ❑ cadned man Rase oeawry ❑ = Raoalpt mr _ 2. Article NumberR (7mnsfer jn advice labeq ❑ Coto on Delivery D Co� m Deliwq Reeicbd D&r a�m ❑ Sign Canfirmaeon^" 7015 3430 0000 1345 5278 "lr u Mal l mM lRmtrloW Delimy ❑Slav Confirmation Resticfad Deavery PS Form 3811. April 2015 PSN 7530-02-000-9053 Darrleatic Realm Receipt I 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: New Bern River Station TTMAM, LLC 2. LOCATION OF PROJECT SITE: The intersection of E. Front Street and Queen Street, New Bern, Craven County Photo Index - 2006: 212-6242 grid (C-17/18)(D-17/18) 2000: 212-815 grid (UN-8) State Plane Coordinates - X: 499819.267 Y: 2587752.044 Rover # L061808A LAT 35006'26.49121 LON 77002'04.63609 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/16/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — CC 7/15/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — City Of New Bern Land Classification From LUP — Developed/Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial/Community (E) Wastewater Treatment: Existing — City Sewer (F) Type of Structures: Existing — Infrastructure for Townhomes Planned - 53 permanent boat slips w/ wave attenuator (G) Estimated Annual Rate of Erosion: N/A Source — N/A J 7. HABITAT DESCRIPTION: DREDGED FILLED THER (A) Open Water N/A N/A 46,028 ft2 (Incorp.) (B) ACOE 404 Wetlands N/A N/A 12 ft2 (shaded) (D) Total Area Disturbed: 46,028 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC -NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a 53-sli�marina to serve the future occupants of New Bern River Station as well as citizens. i New Bern River Station TTMAM, LLC Page 02 9. Narrative Description: The State Clearing House has reviewed this project and a Finding of No Significant Impact has been received. The project is a Major Modification to permit number 54-06. The New Bern River Station Marina project is located at the intersection of East Front Street and Queen Street in New Bern, Craven County. The project site is found by traveling on Hwy. 70 West toward the City of New Bern, taking the downtown New Bern exit, crossing the drawbridge into the downtown area, and the subject property is 3/4 miles on the right hand side of the road. Alternative directions are necessary due to a closure of the drawbridge going into downtown New Bern. The site can also be reached by traveling on Hwy. 70 West towards the City of New Bern, exit at the Pembroke ramp, turn right at the top of the ramp, and turn right at the "F" intersection. Turn left approximately .35 miles on Queen Street. The project location is at the terminus of Queen Street. The subject property is .51 acres and is the common property for the New Bern River Station Development that is approximately 3 acres. The property averages 5' in elevation above NWL. Presently on the lot, there is one townhome constructed and the associated infrastructure for the subdivision. This development was issued under CAMA Major Permit #54-06. There is presently a bulkhead and riprap armoring the shoreline. The adjacent property downstream has a bulkhead as well as a 10-slip community docking facility. The highground vegetation consists of yardgrass. There is a fringe of ACOE Section 404 Wetlands immediately adjacent to the shoreline. The property has a shoreline length of 438'. The consultant conducted a SAV survey and there was SAV found approximately 40' from the Normal Water Level. The Division of Water Quality classifies this area as SC -NSW waters. This area is not a Primary Nursery Area. There is SAV in the nearby vicinity of the project area. This portion of the Neuse River is closed to the taking of shellfish and no visible shellfish were observed. The substrate composition at the project location is silty sand and the waterbody is approximately 5100' across. The City of New Bern Land Use Plan dated classifies this area as Developed and Conservation within the AEC's. 1 10. Project Description: ` 1 The applicant is proposing to construct a marina with wave attenuators to accommodate 53 S 0 , fo 0permanent slips. Seventeen of the boatslips will be for the residents of New Bern River Station and the remaining 36 slips will be sold to the general public. The access pier is fixed and measures 26' X 6' with a 30' X 30' covered platform at the waterward end. The covered platform is measured from drip line to drip line of the proposed roof. The access dock leads tj t to a 148' X 6' pier running parallel to the shoreline. There are three finger piers that �w yt W originate from the pier and measure 30' X 5'. There are 2 piers measuring 175' X 5' proposed to be constructed perpendicular to the shoreline. There are 14 total finger piers that Q, would be accessed from each these piers. Two finger piers measure 50' X 5', four measure �+� u 40' X 5', two measure 35' X 5' and six measure 30' X 5'. Additionally, at the waterward end of the proposed structure are 2 piers proposed at 105' X 6' positioned parallel to the shoreline. There would be 10 finger piers originating from these piers measuring 70' X 5'. New Bern River Station TTMAM, LLC Page 03 Po; vs, There are also 16 mooring pilings proposed with this marina defining the 53 slips. 6 a/P.ue &Uie r�Vt *u4t " Sk co o 4 ,k,e O(Otz.'e 4�i� i fo Arx4.S There are no SAV proposed to be shaded and the SAV is not located in the proposed slips. Water depths at the proposed facility measure -3'to -10' NWL. The waterward edge of the docking.facility would be 290' from the NWL into a 5100' body of water and woul erminate at the Army Corps of Engineers Channel Setback.,�This would conform to the 1/4 wi th rule. There is a community docking facility capable of accommodating 10 vessels approximately j 145' downstream of the proposed marina and no structures on the tream 'd of the proposed marina. The proposed marina is located a minimum offrom r riparian line, S' A pumpout facility connecting to the City of New Bern Sewer line is proposed with this t s-E marina at the waterward end of slip #4. The substrate at the proposed marina is silty sand. 11. Anticipated Impacts: Oc J The proposed docks will shade 11,454 ft2 of open water and incorporate 46,028 ft2 of public trust waters. The proposed dock will also shade 12 ft2 of ACOE Section 404 Wetlands. There will be a minor increase in turbidity during(the ' stallation of the pilings. � is-�ry-� D f Nd D ti'eas2=.1 A� Sri revised by Brad Connell Morehead City July 22, 2016 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: New Bern River Station TTMAM, LLC 2. LOCATION OF PROJECT SITE: The intersection of E. Front Street and Queen Street, New Bern, Craven County Photo Index - 2006: 212-6242 grid (C-17/18)(D-17/18) 2000: 212-815 grid (UN-8) State Plane Coordinates - X: 499819.267 Y: 2587752.044 Rover # L061808A LAT 35°06'26.49121 LON 77°02'04.63609 INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/16/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — CC 8/8/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — City Of New Bern Land Classification From LUP — Developed/Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial/Community (E) Wastewater Treatment: Existing — City Sewer (F) Type of Structures: Existing — Infrastructure for Townhomes Planned - 53 permanent boat slips w/ wave attenuator (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A N/A 46,028 ft2 (lncorp.) (B) ACOE 404 Wetlands N/A N/A 12 ft2 (shaded) (D) Total Area Disturbed: 46,028 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC -NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. New Bern River Station TTMAM, LLC Page 02 9. Narrative Description: The State Clearing House has reviewed this project and a Finding of No Significant Impact has been received. The project is a Major Modification to permit number 54-06. The New Bern River Station Marina proj ect is located at the intersection of East Front Street and Queen Street in New Bern, Craven County. The project site is found by traveling on Hwy. 70 West toward the City of New Bern, taking the downtown New Bern exit, crossing the drawbridge into the downtown area, and the subject property is 3/4 miles on the right hand side of the road. Alternative directions are necessary due to a closure of the drawbridge going into downtown New Bem. The site can also be reached by traveling on Hwy. 70 West towards the City of New Bern, exit at the Pembroke ramp, turn right at the top of the ramp, and turn right at the "T" intersection. Turn left approximately .35 miles on Queen Street. The project location is at the terminus of Queen Street. The subject property is .51 acres and is the common property for the New Bern River Station Development that is approximately 3 acres. The property averages 5' in elevation above NWL. Presently on the lot, there is one townhome constructed and the associated infrastructure for the subdivision. This development was issued under CAMA Major Permit 054-06. There is presently a bulkhead and riprap armoring the shorelinerThe adjacent property downstream has a bulkhead as well as a 10-slip community docking facility. The highground vegetation consists of yardgrass. There is a fringe of ACOE Section 404 Wetlands immediately adjacent to the shoreline. The property has a shoreline length of 438'. The consultant conducted a SAV survey and there was SAV found approximately 40' from the Normal Water Level. N@USE OWL. The Division of Water Quality classifies this area as SC -NSW waters. This area is not a Primary Nursery Area. Theis AV in the nearby vicinity of the project area. This portion of the Neuse River is closed to the taking of shellfish and no visible shellfish were observed. The substrate composition at the project location is silty sand and the waterbody is approximately 5100' across. The City of New Bern Land Use Plan dated classifies this area as Developed and Conservation within the AFC's. 10. Proiect Description: The applicant is proposing to construct a marina with wave attenuators to accommodate 53 permanent slips. The proposed slips could accommodate vessel sizes ranging from 20' to 70' in length. Seventeen of the boatslips will be for the residents of New Bern River Station and the remaining 36 slips will be sold to the general public. The access pier is fixed and measures 26' X 6' with a 30' X 30' covered platform at the waterward end. The covered platform is measured from,drip line to drip line of the proposed roof. The access dock leads to a 148' X 6' pier running parallel to the shoreline. There are three finger piers that originate from the pier and measure 30' X 5'. There are 2 piers measuring 175' X 5' proposed to be constructed perpendicular to the shoreline. There are 14 total finger piers that would be accessed from each these piers. Two finger piers measure 50' X 5', four measure 40' X 5', two measure,35' X 5' and six measure 30' X 5'. Additionally, at the waterward end of the proposed structure are 2 piers proposed at 105' X 6' positioned parallel to the New Bern River Station TTMAM, LLC Page 03 shoreline. There would be 10 finger piers originating from these piers measuring 70' X 5'. There are also 16 mooring pilings proposed with this marina defining the 53 slips. Wave attenuators would be attached to the proposed north and south docks. Service utilities would be provided by the City of New Bern. There are no SAV proposed to be shaded and the SAV is not located in the proposed slips. Water depths at the proposed facility measure -3'to -10' NWL. The waterward edge of the docking facility would be 300' from the NWL into a 5100' body of water terminate at the Army Corps of Engineers Channel Setback. This would conform to the 1/4 width rule. There is a community docking facility capable of accommodating 10 vessels approximately 145' downstream of the proposed marina and no structures on the upstream side of the proposed marina. The proposed marina is located a minimum of 20' from the NW riparian line and 35' from the SE riparian line. A pumpout facility connecting to the City of New Bern Sewer line is proposed with this marina at the waterward end of slip #4. The substrate at the proposed marina is silty sand. 11. Anticipated Impacts: The proposed commercial marina would provide public access for recreational boating activities. The proposed docks will shade 11,454 ft' of open water and incorporate 46,028 ftz of public trust waters. The proposed dock will also shade 12 ft2 of ACOE Section 404 Wetlands. There will be a minor increase in turbidity during the installation of the pilings. A stationary waste pump out system would be provided to service vessel holding tanks, and signage would be posted to prohibit overboard waste discharge. No dredging is proposed due to sufficient water depths. revised by Brad Connell Morehead City August 8, 2016 LMG LAND MANAGEMENT GROUP umo. Environmental Consultants July 8, 2016 Mr. Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: CAMA Major Permit Application, New Bern River Station Marina New Bern River Station TTMAM, LLC (ownerlapplicant) Dear Brad, On behalf of New Bern River Station TTMAM, LLC, please find enclosed a CAMA Major Permit application for construction of an open water marina in downtown New Bern. The proposed marina would serve residential units within the New Bern River Station development and the surrounding community. The marina would be sited on the Neuse River where existing water depths are adequate without dredging. Application for this marina was submitted and fully reviewed in 2008. Issuance of the CAMA Major permit was pending only local approval. Due to economic conditions at the time, the application was placed on voluntary hold. The applicant is now seeking local approval, and has been directed by the NCDCM to resubmit the CAMA Major Permit application. Additional details are included in the project narrative, application forms and figures enclosed. Please let us know if you need additional information or clarifications. As always, thank you for your assistance in review of this application. Sincerely, aura Stasavich Land Management Group, Inc., agent Encl: CAMA Major Permit application package $400 application fee check cc: Mr. Hubie Tolson, New Bern River Station TTMAM, LLC RECEIVED JUL 15 20`S ( v0 Iq �Do, DCM- MHD CITY www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NIC 28403 • P.O. Box 2522, Wilmington, NIC 28402 CAMA Major Permit Application New Bern River Station Project Narrative July 2016 New Bern River Station TTMAM, LLC, Applicant New Bern, Craven County, North Carolina Previous Permitting This application seeks re -authorization of a project that was reviewed and approved through the CAMA Major Permit application process in 2008. The New Bern River Station project is located on the Neuse River in downtown New Bern. The project contains 17 residential units on upland portions of the property, development of which was approved through CAMA Permit 54-06. Approval of an associated open water marina was initiated with a separate CAMA permit application in 2008. At that time, an Environmental Assessment (EA) was prepared in compliance with the NC State Environmental Policy Act (SEPA). A Finding of No Significant Impact (FONSI) was issued for the proposed 53-slip marina in August 2008. A CAMA Major Permit application was submitted, concurrent with the EA, and received a 401 Water Quality Certification (DWQ Project # 05-1169) and a Department of the Army Permit (SAW- 2008-1544). The NCDCM had received all other resource agency and SHPO comments, with no objections, when it became apparent a Special Use Permit (SUP) would be required by the City of New Bern. The NCDCM stated the Major Permit could not be issued until the SUP was obtained, and the permit application was placed on voluntary hold while the SUP process was completed. Due to economic conditions that immediately followed, the applicant periodically requested the CAMA application remain on hold until economic conditions improved. In 2015, the applicant began the SUP application process. The NCDCM determined that due to the length of time the CAMA permit application had been on hold, it would be necessary to resubmit and recirculate the application. Enclosed application materials are largely identical to the previously reviewed CAMA Major Permit application. There are no changes to the proposed marina structures or the intended usage. Additional details, as included in the previous application, are provided below. Proiect Location The site is located at the intersection of East Front and Queen Streets along the Neuse River in New Bern, North Carolina. The Neuse River at this location is classified by the NC Environmental Management Commission as "SC" Waters. Waters are classified by RECEIVED CAMA Major Permit Application, New Bern River Station, July 2016 JUL 1 1 5 2016 New Bern River Station TTMAM, LLC, Applicant DC M- MHD CITY the NC Marine Fisheries Commission as "coastal waters", with the project site located just downstream of the "joint" coastal/inland waters designation. The site is bordered to the west by property owned by The Salvation Army, to the north by property owned by the State Property Office and to the south by Queen Street. The approximately 0.5 acre common area parcel located along the waterfront (Parcel 8- 003-B-OOC) and owned by New Bern River Station TTMAM, LLC is the subject of this permit application. The overall River Station development (containing the 17 residential units) totals three (3) acres averaging five (5) feet above the mean water level, as shown on 2003 survey by Brad L. Suitt and Associates, P.A. of New Bern. All upland development has been approved under a previous permit, CAMA Permit # 54-06, dated April 5, 2006. Proposed Open Water Marina New Bern River Station TTMAM, LLC, proposes to construct an open water marina along the northeastern side of the property. The marina will consist of a fixed dock system containing 53 slips ranging in length from 30 feet to 70 feet. The marina will provide 17 slips to River Station property owners for purchase or lease, and the remaining 36 slips will be offered to the public. The proposed project's primary purpose will be to provide access for recreational boating activities to the future River Station homeowners and surrounding community. The proposed dock system will feature double loaded slips (between finger piers) with the exception of the large slips which will single loaded. Pilings will anchor the fixed dock system and serve to separate individual slips. The marina design proposes one fixed access point. Water, sewer, and electricity will be provided by the City of New Bern as an amenity to the dock owners and is already in place through the upland development. Vessels will be docked in a north —south orientation with the exception of the outermost slips for the largest vessels which will be docked in an east - west orientation. Distance from the proposed pier to the northwest 15' riparian setback is currently 29 feet and 35 feet to the southeastern 15' riparian setback line. The 53 permanent slips will accommodate vessels ranging in size from 20 ft. to 70 ft. Eight 20' x 70' slips would be situated along the outermost edge of the marina to accommodate the largest vessels. The remaining 45 slips would range in size from 12.5' x 30' to 18' x 50'. Access to the interior slips will be provided through a 50 foot wide entrance between the pairs of larger slips. The proposed marina will extend approximately 315 feet from the shoreline and will observe the federal harbor line. The LAMA Major Permit Application, New Bern River Station, July 2016 Ja 15 2016 New Bern River Station TTMAM, LLC, Applicant DCM- MHD CITY access pier and all dock spines will be 6' wide. All finger piers will be 5' wide. Portions of the dock system will be constructed using wave attenuator technology designed to defuse 50%to 80% of wave energy (see attenuator details). Parking is to be provided at a standard use of one parking space per two slips. Currently, 17 parking spaces are included in the upland development plan for each of the units proposed and an additional 10 spaces are located in the northwest corner of the property. The marina will feature a stationary waste pumpout system to service vessel holding tanks. The pumpout system will be easily accessible and in a convenient location for boaters. New Bern River Station TTMAM, LLC, is aware of the Marine Sewage Pumpout and Dump Station Grant Program and has an interest in participation. The marina policy will be to prohibit any overboard discharge of waste. No dock master will be employed, but a dock owners association will be formed and rules governing the operation of the marina will be established. f_1-1 S'' Ali CAMAMajor Permit Application, New Bern River Station, July 2015 JU@ 15 2016 New Bern River Station TTMAM, LLC, Applicant ®CM- MHD CITY Y. ®CM N!P-1 APPLICATION for Major Development Permit (last revised 12/27/06) 1 North Carolina DIVISION OF COASTAL MANAGEMENT 1 IprimaryApplicanf/Landowner%nformat'idn Business Name New Bern River Station Ttmam, Llc Project Name (if applicable) New Bern River Station Applicant 1: First Name Mr. Hubie MI Last Name Tolson Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 227 East Front Street PO Box City New Bern State NC ZIP 28560 Country USA Phone No. 252-670-9370 ext. FAX No. 252-638-7456 Street Address(ifdifferent from above) City State ZIP Email htolson.uhf@suddenlinkmaii.com 2. Agent/ContractorInformation.. Business Name Land Management Group, Inc. Agentf Contractor 1: First Name MI Last Name Laura Stasavich Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # - 910 452 0060 Street Address (ifdifferent from above) City State ZIP same Email Stasavich@lmgroup.net RECEIVED <Form continues on back> JUL 15 2016 262-60a•2a06 :: 1.6a6•d1 FtCm�6Y :: www. nseoasta l management. net FdPm DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3, Project Location . County (can be multiple) Street Address State Rd. # Craven Property is at the intersection of E. Front and Queen Streets Subdivision Name City State Zip New Bern River Station New Bern NC 28560 - Lot No.(s) (if many, attach additional page with list) Phone No. 17 lots within New Bern Riverstation, parcel IDs 8-003-B-001 252 - 670 - 9370 ext. through 8-003-B-017., Common Area C (Subject of this application) is 8-003-B-OOC, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Neuse River 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 Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of New Bern 4. Site Description` a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 438 Waterfront common area parcel = 0.5 acres. (overall River Station approximately 3 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 17 existing lots, approximately 21,900 sq.ft. each, NWL (normal water level) 5 ft ❑NHW or ®NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Upland portions of the parcel have been cleared, landscaped, and are partially developed with streets, utilities. Wetlands along NWL include Typha spp., Eleocharis spp., and Sagittaria lancifolia. I. Man-made features and uses now on tract - Upland portions of the tract are mowed, streets are existings, utilities are installed. RECOV ED g. Identify and describe the existing land uses adlacent to the proposed project site. Largely residential DW- MHD CITY h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-6 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes []No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. NYes ❑No ❑NA If yes, by whom? Legacy Research Associates I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? 252.308-2806 :: 9-888-411C®AST :: wrwrvv.nccoastalmainageneant.nat A., Fdm DCM MP-1 (Page 3 of 4) APPLICATION -for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal services. Marina will have a stationary pumpout station located along the northern side of the docks (see enclosed application figures) and intends to tie into the existing municipal sewer. o. Describe existing drinking water supply source. Municipal services p. Describe existing storm water management or treatment systems. N/A for current application (all impervious docks over open water). Existing upland development already obtained stormwater permitting (SW7050627). 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the marina is to provide access for recreational boating activites to the River Station homeowners and the general public as both a private and commercial venture. 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. Standard marine construction activites and equipment (such as pile drivers) will be used. Since all activities are water - dependent and ample depths exist, no dredging is required. d. List all development activities you propose. Construction of a 53-slip open water marina (with water and electricity provided). e. Are the proposed activities maintenance of an existing project, new work, or both? New marina f. What is the approximate total disturbed land area resulting from the proposed project? N/A- none ❑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. �� �� RECEIVED No direct discharges to waters of the state are proposed. 3f �� a9®� JUL 15 2016 i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ONoa, EVI ® M H D C a1 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. 252-aoa-2aoa :: 9-aaa-4111C®AST :: www. rnccoastalmanagement. net Friar DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit <Form continues on back> 6. 'Additional Information, In addition to this completed application form, (MP-1) the following items below, if applicable .must be submitted in order for the application " package to be complete.. Items (a) — (t) are always applicable to any major development application.: Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name to the North- NC State Property. Office'- '., Phone No. " Address 1321 Mail Service Center, Raleigh, NC, 27669. - - - Name to the South (Queen Street)- NCDOT, Go Mr. Jay Johnson Phone No. Address 105 Pactolus Highway, Greenville, NC 27635 - Name - , Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit 54-06 (upland development in AEC) Stormwater SW7050627 (upland development) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7.-Cedification and.Permission 'to Enter on Land I understand that any permit issued in response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is is truthful to the best of my knowledge. Date t' Print Name k 5&fA lcll JCWPVV A/C. Signature 1�f as Please indicate application attachments pertaining to your proposed project. []DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development EDCM MP-4 Structures Information JUL 15 2016 DCM— hill CffY 252.908.2603 :: 11-888.46` COAST :: www.nccosistatgmatnargement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1.. DOC/CING FACILITY/MARINA'CHARACTER/STICS 01 is section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Public/Govemment ®Private/Community []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 dock. 5 piers If yes: (iii) Length Access pier = 26'. Other Piers 2 la) 106: 2 01 (ii) Number 27 175': 1 A 148' (iii) Length 100- 70': 9A 30': 20 35% 2(tr� 50' (iv) Width. 6' (iv) Width 5' (v) Floating []Yes ®No (v) Floating ❑Yes ®No e. (i) Are Platforms included? []Yes ❑No If yes: (ii) Number 1 (iii) Length 30' (iv) Width 30' (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 53 (ii) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe: k. Typical boat length: 30' m. (i) Will the facility have tie pilings? ®Yes [-]No (ii) If yes number of tie pilings? 16 f. (i) Are Boatlifts included? []Yes ®No If yes: (ii) Number (iii) Length (iv) Width It. 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: 53 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types ranging in size from 20' to 70' I. (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED JUL 15 2016 2 02-808-28®S :: 9-®B8.4RCOASV :: W W W.nccoastahnanaSenaeast.neit revised: 9 2/27/®S FamiI MCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITy/MARINA. OPERAT/ON5 ❑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: A stationary pumpout is proposed and will be easily accessible in a convenient location (northern -central side of dock system) b. Describe treatment type and disposal location for all sanitary wastewater. Stationary pumpout tied into municipal sewer. c. Describe the disposal of solid waste, fish offal and trash. Assessments to be levied to cover the cost of garbage removal services. d. How will overboard discharge of sewage from boats be controlled? No overboard discharge of sewage will be allowed, and will be controlled through marina rules. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Signage will be posted in easily visible location. (it) Give the location and number of "Pumpout Available" signs proposed. Signage will be posted in easily visible location. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A- no marine services proposed. g. Where will residue from vessel maintenance be disposed of? N/A- no marine services proposed. h. Give the number of channel markers and "No Wake" signs proposed. None- channel markers along federal channel exist. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel services proposed. j. What will be the marina policy on overnight and live -aboard dockage? Marina will have a closed -head and no live -aboard policy. k. Describe design measures that promote boat basin flushing? N/A - open water siting. I. If this project is an expansion of an existing marina, what types of services are currently provided? DECEIVED N/A JUL 16 2016 DCM- MFID CITY 252-606-2606 :: 1-666.4RCOAST :: vvvvvx.nccoastalmanaaement.net revised: 12/27/06 FdsrrR -DCM NP- 4 (Strmctmres, Page 2 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? [-]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 < 50 sc.ft. MSAV < 100 so.ft. ❑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. 1 BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse stmcture(s): []Commercial ❑PublidGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpiie,, 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 or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing RECE if E® EL 15 2016 7. GENERAL DCM- MIND CITY 252-808-2808:: i-088-4RC0/AS4:: wrww.riccoastalmanamemoent.ri revised: 12/27/06 -" Forma' WN 9WPm4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 45' to N and 46' to S Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 6100, 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. 146' to S, nothing within close proximity to N d. Water depth at waterward end of structure at NLW or NWL -10' NWL 8. OTHER ®This section not applicable a. Give complete description: Date New Bern River Station Project Name New Bern River Station iTNIAM, LLG Applicant N//ame /. !AA RECEIVED JUL 15 2016 252-608-2808 :: 1-686.4RCOAST :: www.nc002staimana0ement.net revised: 12/27/06 *Boundaries are approximate and are not meant to be absolute. Map Source: Craven County and NC OneMap GIS data. LMG LAND MANAGEMENT GROUP �c Environmental Consultants CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 02-07-424 Sheet 1 Vicinity Map 7/8/2016 Sheet 1 of 9 Boundaries are approximate and are JUL 15 2016 not meant to be absolute. rd �qq 0 500 1000 2000 Map Source: New Bern Quadrangle 7.5 mi{iurampo�r2l n T980Ty SCALE 1" = 1000' LMG LAND MANAGEMENT GROUP ixc Environmental Consultants CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 02-07-424 Figure 2 USGS Topographic Map 7I8I2016 Sheet 2 of 9 jGfi b L 4! 'A ^•'" "P4Sf `Y 4.1 yys +W � l SITE a d `d A ¥ Y sns'a f { ^yp • 'm k F -c' ��•P f yy Mi ex RECOVED *Boundaries are approximate and are JUL 15 2016 not meant to be absolute. Map Source: 2012 Aerial Photography NC OneMap. [)CM- MHD CITY 0 100 200 400 SCALE 1" = 200' LMG CAMA Major Permit Application New Bern River Station Marina Figure 3 2012 Aerial Photograph LAND MANAGEMENT GROUP INC New Bern River Station TTMAM, LLC �� Envi�anmen tnl Consultants New Bern, Craven Co., NC 02-07-424 7/8/2016 Sheet 3 of 9 C'S LMG LAND MANAGEMENT GROUP INC Environmental Consultants August 24, 2016 City of New Bern 300 Pollock Street New Bern, NC 28560 RE: NC CAMA Permit Application, New Bern River Station City of New Bern, Craven County Dear Sir/Madam, This letter serves to notify the City of a proposed open water marina to be located near the intersection of East Front Street and Queen Street in New Bern, NC. The applicant, New Bern River Station TTMAM, LLC, proposes the 53-slip, open water marina to serve the New Bern River Station residential development and the adjacent community. Adjacent riparian property owners (Queen Street) are required by the NC Coastal Area Management Act (CAMA) permit application process to be notified. The NC DOT was originally notified, and they responded that Queen Street is not a state -maintained street. Therefore, the City is being notified as directed by the NC DCM. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC DCM is enclosed. If you have any comments on the project, they can be directed to Mr. Brad Connell, NC DCM, 400 Commerce Avenue., Morehead City, NC, 28557 or 252-808-2808, No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, ( xffi�_ Laura Stasavich Land Management Group, Inc., agent cc: Mr Brad Connell, NC DCM www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, INC 28402 9 U.S. Postal Service r CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m c M1 O cortl6ea Fea 0 O RNom Receptfsa O IEndomemanl FlepuYoa) 0 Reeakteo USNwry Foe r. fPstloreamom RepuYoo) Ln $3. N Total Postage a Fain oED S9. i. 0 0406 119 $h.00 Posaneh $0.00 Rem C18/24/2016 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: New Bern River Station TTMAM, LLC 2. LOCATION OF PROJECT SITE: The intersection of E. Front Street and Queen Street, New Bern, Craven County Photo Index - 2006: 212-6242 grid (C-17/18)(D-17/18) 2000: 212-815 grid (UN-8) State Plane Coordinates - X: 499819.267 Y: 2587752.044 Rover # L061808A LAT 35006'26.49121 LON 77002'04.63609 INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/16/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — CC 8/8/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — City Of New Bern Land Classification From LUP — Developed/Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial/Community (E) Wastewater Treatment: Existing — City Sewer (F) Type of Structures: Existing — Infrastructure for Townhomes Planned - 53 permanent boat slips w/ wave attenuator (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (A) Open Water N/A N/A 46,028 ftz (Incorp.) (B) ACOE 404 Wetlands N/A N/A 12 ftz (shaded) RECEIVED (D) Total Area Disturbed: 46,028 ft2 SEP 16 2016 (E) Primary Nursery Area: No (F) Water Classification: SC -NSW Open: No DCM— MHD CITY 8. PROJECT SUMMARY: The applicant is proposing to construct a 53-slip open water marina to serve the future occupants of New Bern River Station as well as citizens. t New Bern River Station TTMAM, LLC Page 02 9. Narrative Description: The State Clearing House has reviewed this project and a Finding of No Significant Impact has been received. The project is a Major Modification to permit number 54-06. The New Bern River Station Marina project is located at the intersection of East Front Street and Queen Street in New Bern, Craven County. The project site is found by traveling on Hwy. 70 West toward the City of New Bem, taking the downtown New Bern exit, crossing the drawbridge into the downtown area, and the subject property is 3/4 miles on the right hand side of the road. Alternative directions are necessary due to a closure of the drawbridge going into downtown New Bern. The site can also be reached by traveling on Hwy. 70 West towards the City of New Bern, exit at the Pembroke ramp, turn right at the top of the ramp, and turn right at the 'IT" intersection. Turn left approximately .35 miles on Queen Street. The project location is at the terminus of Queen Street. The subject property is .51 acres and is the common property for the New Bern River Station Development that is approximately 3 acres. The property averages 5' in elevation above NWL. Presently on the lot, there is one townhome constructed and the associated infrastructure for the subdivision. This development was issued under CAMA Major Permit #54-06. There is presently a bulkhead and riprap armoring the shoreline. The adjacent property downstream has a bulkhead as well as a 10-slip community docking facility. The highground vegetation consists of yardgrass. There is a fringe of ACOE Section 404 Wetlands immediately adjacent to the shoreline. The property has a shoreline length of 438'. The consultant conducted a SAV survey and there was SAV found approximately 40' from the Normal Water Level. The Division of Water Quality classifies this area as SC -NSW waters. This area is not a Primary Nursery Area. There is SAV in the nearby vicinity of the project area. This portion of the Neuse River is closed to the taking of shellfish and no visible shellfish were observed. The substrate composition at the project location is silty sand and the waterbody is approximately 5100' across. The City of New Bern Land Use Plan dated cj --€s �i 3 p as Developed and Conservation within the AFC's. RR GG 10. Proiect Description: SEP 16 20% rr����AA�� ������nn CITY The applicant is proposing to construct a marina with wave attenuators tci�Cetiiilmrmb8dt853 permanent slips. The proposed slips could accommodate vessel sizes ranging from 20' to 70' in length. Seventeen of the boatslips will be for the residents of New Bern River Station and the remaining 36 slips-wUbe sold to the general public. The access pier is feed and measures 26' X 6' with a 30' X 30' covered platform at the waterward end. The covered platform is measured from drip line to drip line of the proposed roof. The access dock leads to a 148' X 6' pier running parallel to the shoreline. There are three finger piers that originate from the pier and measure 30' X 5'. There are 2 piers measuring 175' X 5' proposed to be constructed perpendicular to the shoreline. There are 14 total finger piers that would be accessed from each these piers. Two finger piers measure 50' X 5', four measure 40' X 5', two measure 35' X 5' and six measure 30' X 5'. Additionally, at the waterward end of the proposed structure are 2 piers proposed at 105' X 6' positioned parallel to the New Bern River Station TTMAM, LLC Page 03 shoreline. There would be 10 finger piers originating from these piers measuring 70' X 5'. There are also 16 mooring pilings proposed with this marina defining the 53 slips. Wave attenuators would be attached to the proposed north and south docks. Service utilities would be provided by the City of New Bern. There are no SAV proposed to be shaded and the SAV is not located in the proposed slips. Water depths at the proposed facility measure -3'to -10' NWL. The waterward edge of the docking facility would be 300' from the NWL into a 5100' body of water terminate at the Army Corps of Engineers Channel Setback. This would conform to the 1/4 width rule. There is a community docking facility capable of accommodating 10 vessels approximately 145' downstream of the proposed marina and no structures on the upstream side of the proposed marina. The proposed marina is located a minimum of 20' from the NW riparian line and 35' from the SE riparian line. A pumpout facility connecting to the City of New Bern Sewer line is proposed with this marina at the waterward end of slip #4. The substrate at the proposed marina is silty sand. 11. Anticipated ImDacts: The proposed commercial marina would provide public access for recreational boating activities. The proposed docks will shade 11,454 ft2 of open water and incorporate 46,028 ft2 of public trust waters. The proposed dock will also shade 12 ft2 of ACOE Section 404 Wetlands. There will be a minor increase in turbidity during the installation of the pilings. A stationary waste pump out system would be provided to service vessel holding tanks, and signage would be posted to prohibit overboard waste discharge. No dredging is proposed due to sufficient water depths. RECEIVED SEP 16 2016 DCM- MHD CITY revised by Brad Connell Morehead City August 8, 2016 LMG LAND MANAGEMENT GROUP wc. Environmental Consultants July 8, 2016 Mr. Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: CAMA Major Permit Application, New Bem River Station Marina New Bem River Station TTMAM, LLC (owner/applicant) Dear Brad, On behalf of New Bem River Station TTMAM, LLC, please find enclosed a CAMA Major Permit application for construction of an open water marina in downtown New Bem. The proposed marina would serve residential units within the New Bem River Station development and the surrounding community. The marina would be sited on the Neuse River where existing water depths are adequate without dredging. Application for this marina was submitted and fully reviewed in 2008. Issuance of the CAMA Major permit was pending only local approval. Due to economic conditions at the time, the application was placed on voluntary hold. The applicant is now seeking local approval, and has been directed by the NCDCM to resubmit the CAMA Major Permit application. Additional details are included in the project narrative, application fortes and figures enclosed. Please let us know if you need additional information or clarifications. As always, thank you for your assistance in review of this application. Sincerely, ura Stasavich Land Management Group, Inc., agent Encl: CAMA Major Permit application package $400 application fee check cc: Mr. Hubie Tolson, New Bem River Station TTMAM, LLC RECEIVED sEP 16 2A DCM- MHD CITY RECEIVED JUL l 5 20'S DCM- MHD CITY www.lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 - P.O. Box 2522, Wilmington, NC 28402 CAMA Major Permit Application New Bern River Station Project Narrative July 2016 New Bern River Station TTMAM, LLC, Applicant New Bern, Craven County, North Carolina Previous Permitting This application seeks re -authorization of a project that was reviewed and approved through the CAMA Major Permit application process in 2008. The New Bern River Station project is located on the Neuse River in downtown New Bern. The project contains 17 residential units on upland portions of the property, development of which was approved through CAMA Permit 54-06. Approval of an associated open water marina was initiated with a separate CAMA permit application in 2008. At that time, an Environmental Assessment (EA) was prepared in compliance with the NC State Environmental Policy Act (SEPA). A Finding of No Significant Impact (FONSI) was issued for the proposed 53-slip marina in August 2008. A CAMA Major Permit application was submitted, concurrent with the EA, and received a 401 Water Quality Certification (DWQ Project # 05-1169) and a Department of the Army Permit (SAW- 2008-1544). The NCDCM had received all other resource agency and SHPO comments, with no objections, when it became apparent a Special Use Permit (SUP) would be required by the City of New Bern. The NCDCM stated the Major Permit could not be issued until the SUP was obtained, and the permit application was placed on voluntary hold while the SUP process was completed. Due to economic conditions that immediately followed, the applicant periodically requested the CAMA application remain on hold until economic conditions improved. In 2015, the applicant began the SUP application process. The NCDCM determined that due to the length of time the CAMA permit application had been on hold, it would be necessary to resubmit and recirculate the application. Enclosed application materials are largely identical to the previously reviewed CAMA Major Permit application. There are no changes to the proposed marina structures or the intended usage. AdditicREC E IVED details, as included in the previous application, are provided below. SEP 16 2016 Project Location The site is located at the intersection of East Front and Queen Streets along thE*O* M HD C ITY River in New Bern, North Carolina. The Neuse River at this location is classified by the NC Environmental Management Commission as "SC Waters. Waters are classified by RECEIVED LAMA Major Permit Application, New Bern River Station, July 2016 1 2016 New Bern River Station rrMAM, LLC, Applicant JUL 15 DCM- MHD CITY the NC Marine Fisheries Commission as "coastal waters", with the project site located just downstream of the "joint" coastal/inland waters designation. The site is bordered to the west by property owned by The Salvation Army, to the north by property owned by the State Property Office and to the south by Queen Street. The approximately 0.5 acre common area parcel located along the waterfront (Parcel 8- 003-B-OOC) and owned by New Bern River Station TTMAM, LLC is the subject of this permit application. The overall River Station development (containing the 17 residential units) totals three (3) acres averaging five (5) feet above the mean water level, as shown on 2003 survey by Brad L. Suitt and Associates, P.A. of New Bern. All upland development has been approved under a previous permit, CAMA Permit # 54-06, dated April 5, 2006. Proposed Open Water Marina New Bern River Station TTMAM, LLC, proposes to construct an open water marina along the northeastern side of the property. The marina will consist of a fixed dock system containing j3 slips ranging in length from 30 feet to 70 feet. The marina will provide 17 slips to River Station property owners for purchase or lease, and the remaining 36 slips will be offered to the public. The proposed project's primary purpose will be to provide access for recreational boating activities to the future River Station homeowners and surrounding community. The proposed dock system will feature double loaded slips (between finger piers) with the exception of the large slips which will single loaded. Pilings will anchor the fixed dock system and serve to separate individual slips. The marina design proposes one fixed access point. Water, sewer, and electricity will be provided by the City of New Bern as an amenity to the dock owners and is already in place through the upland development. o Vessels will be docked in a north — south orientation with the exception of the j 0 outermost slips for the largest vessels which will be docked in an east - west orient, qon.C�l Distance from the proposed pier to the northwest 15' riparian setback is currentl,',Cy7� .. feet and 35 feet to the southeastern 15' riparian setback line. W w The 53 permanent slips will accommodate vessels ranging in size from 20 ft. to 70 ft. Eight 20' x 70' slips would be situated along the outermost edge of the marina to accommodate the largest vessels. The remaining 45 slips would range in size from 12.5' x 30' to 18' x 50'. Access to the interior slips will be provided through a 50 foot wide entrance between the pairs of larger slips. The proposed marina will extend approximately 315 feet from the shoreline and will observe the federal harbor line. The 'iECEIVED LAMA Major Permit Application, New Bern River Station, July 2016 JX 15 2016 New Bern River Station TTMAM, LLC, Applicant DCM- MHD CITY access pier and all dock spines will be 6' wide. All finger piers will be 5' wide. Portions of the dock system will be constructed using wave attenuator technology designed to defuse 50% to 80% of wave energy (see attenuator details). Parking is to be provided at a standard use of one parking space per two slips. Currently, 17 parking spaces are included in the upland development plan for each of the units proposed and an additional 10 spaces are located in the northwest corner of the property. The marina will feature a stationary waste pumpout system to service vessel holding tanks. The pumpout system will be easily accessible and in a convenient location for boaters. New Bern River Station TTMAM, LLC, is aware of the Marine Sewage Pumpout and Dump Station Grant Program and has an interest in participation. The marina policy will be to prohibit any overboard discharge of waste. No dock master will be employed, but a dock owners association will be formed and rules governing the operation of the marina will be established. RECEIVED sEP 16 2016 DCM- MHD CITY RECEIVED CAMA Major Permit Application, New Bern River Station, July 2016 JU@ 15 2016 New Bern River Station TTMAM, LLC, Applicant DCM- MHD CITY IN MP4 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name New Bern River Station Ttmam, Lie Project Name (if applicable) New Bern River Station Applicant 1: First Name Mr. Hubie MI Last Name Tolson Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names fisted Mailing Address 227 East Front Street PO Box City New Bern State NC ZIP 28560 Country USA Phone No. 252 - 670 - 9370 ext. FAX No. 252 - 638 - 7456 Street Address (d different from above) City State ZIP Email htolson.uhf@suddenlinkmaii.com 2. Agent(Contractor Information RECEIVED Business Name S E P 16 2016 Land Management Group, Inc. Agent/ Contractor is First Name MI Last Name DC M- M H D CITY Laura Stasavich Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (d diferent from above) City State ZIP same Email Istasavich@lmgroup.net RECEIVED <Form continues on back> JUL 15 2016 DCM- MHD CITY 252-803-2908 ;: 1.838.4RCOA11T :: www. nccoas talma nagament, not Fostn DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven Property is at the intersection of E. Front and Queen Streets Subdivision Name City State Zip New Bern River Station New Bern NC 28560 - Lot No.(s) (if many, attach additional page with list) Phone No. 17 lots within New Bern Riverstation, parcel IDs 8-003-B-001 252 - 670 - 9370 ext. through 8-003-B-017., Common Area C (Subject of this application) is 8-003-B-OOC, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Neuse River 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 Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. City of New Bern 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 438 Waterfront common area parcel = 0.5 acres. (overall River Station approximately 3 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water] or 17 existing lots, approximately 21,900 sq.ft. each, NWL (normal water level) 5 ft ❑NHW or ®NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Upland portions of the parcel have been cleared, landscaped, and are partially developed with streets, utilities. Wetlands along NWL include Typha spp., Eleocharis spp., and Sagittaria lancifolia. f. Man-made features and uses now on tract Upland portions of the tract are mowed, streets are exislings, utilities are installed. RECEIVED RECEIVED g. Identify and describe the existing land uses adiiacent to the proposed project site. S EP Largely residential DCM- MHD CITIDCM- MHD CITY h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-6 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes ❑No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA If yes, by whom? Legacy Research Associates 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? 252-608-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Fca'm DCM MP-t (Page 3 of4) APPLICATION for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (ill) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal services. Marina will have a stationary pumpout station located along the northern side of the docks (see enclosed application figures) and intends to be into the existing municipal sewer. o. Describe existing drinking water supply source. Municipal services p. Describe existing stone water management or treatment systems. N/A for current application (all impervious docks over open water). Existing upland development already obtained stormwater permitting (SW7050627). 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the marina is to provide access for recreational boating activites to the River Station homeowners and the general public as both a private and commercial venture. 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. Standard marine construction activites and equipment (such as pile drivers) will be used. Since all activities are water - dependent and ample depths exist, no dredging is required. d. List all development activities you propose. Construction of a 53-slip open water marina (with water and electricity provided). e. Are the proposed activities maintenance of an existing project, new work, or both? New marina f. What is the approximate total disturbed land area resulting from the proposed project? N/A- none ❑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. RECEIVED No direct discharges to waters of the state are proposed. JUL 15 2016 I. Will wastewater or stormwater be discharged into a wetland? []Yes ®NpNL.f_ M H D C IT 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. 252.805.2808 :: 1-888.4RCOAST :: www. nacoastalmanagement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -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 to the North- NC State Property Office Phone No. Address 1321 Mail Service Center, Raleigh, NC, 27669 Name to the South (Queen Street)- NCDOT, Go Mr. Jay Johnson Phone No. Address 105 Pactolus Highway, Greenville, NC 27835 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit 54-06 (upland development in AEC) Stormwater SW7050627 (upland development) h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name /�-afaf(A �A/tiWafe.., - 6Wy IAIC Signature Lf Please indicate application attachments pertaining to your proposed prRECEIVED []DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges a1d Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information DCM- MHD CITY JUL 15 2016 DCM- MHD CITY 252-808-2808 :: 1.888.4RCOAST :: www.nceoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/madna: ®Commercial ❑Publio/Govemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 dock. 5 Piers If yes: (iii) Length Access pier = 26'. Other Piers 2 is 106: 2 fra (ii) Number 27 175': 1 A 148' (iii) Length 100 70': 9R 30': 20 36: 26S 50' (iv) Width 6' (iv) Width 5' (v) Floating ❑Yes ®No (v) Floating ❑Yes ®No e. (i) Are Platforms included? []Yes []No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 30' (iii) Length (iv) Width 30' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 53 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips") only, number of slips: 53 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I, Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required [-]Other; please describe: k. Typical boat length: 30' m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 16 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed ty� s — r `, D Mixed types ranQmc in size frdfl4. ta� V E �+ S P 16 2016 DGivll- AJIHD CITY I. (i) Will the facility be open to the general public? []Yes ®No RECEIVED JUL 15 2016 DCM- MHD CITY 252.808.2808 :: 1-668-4RCOAST :: www.nccoastalmana9ement.net revised: 12/27/06 Form-MCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ® Boatholding tank pumpout; Give type and location: A stationary pumpout is proposed and will be easily accessible in a convenient location (northern -central side of dock system) b. Describe treatment type and disposal location for all sanitary wastewater. Stationary pumpout tied into municipal sewer. c. Describe the disposal of solid waste, fish offal and trash. Assessments to be levied to cover the cost of garbage removal services. d. How will overboard discharge of sewage from boats be controlled? No overboard discharge of sewage will be allowed, and will be controlled through marina rules. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Signage will be posted in easily visible location. (ii) Give the location and number of "Pumpout Available" signs proposed. Signage will be posted in easily visible location. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A- no marine services proposed. g. Where will residue from vessel maintenance be disposed of? N/A- no marine services proposed. h. Give the number of channel markers and "No Wake" signs proposed. None- channel markers along federal channel exist. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel services proposed. j. What will be the marina policy on overnight and live -aboard dockage? RECEIVED Marina will have a dosed -head and no live -aboard policy. k. Describe design measures that promote boat basin flushing? - MHD ClrY N/A - open water siting. I I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVE N/A JUL 15 2016 DCM- MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.necoastalmaaeaement net revised: 12127/06 • - FoltTtt DCM MP-4 (structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes. ®No 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 < 50 so.ft. OSAV < 100 sc.ft. ❑SB OWL — ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (inctuding covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (h) Length (iii) Width 5. BREAKWATER (e.g., wood, sheelpile, 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 strocture(s): b. Number _ ❑Commercial ❑PublidGovemment ❑Private/Community C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. --REGE )vim n a. Arc of the awing - DCM- MHD CITYRECEIVED JUL 15 2016 7. GENERAL DCM- MHD CITY 252-608-2808:: 1.8883RC0A8T:: w .nccosstalmanaaemaM.net revised: 12/27/06 'forth •DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 45' to N and 46' to S 146' to S, nothing within close proximity to N Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 5100' e. (i) Will navigational aids be required as a result of the project? []Yes SNo ❑NA (it) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -10' NWL 18. OTHER ®This section not applicable a. Give complete description: Date New Bern River Station Project Name - New Bern River Station TTMAM, LLC Applicant Name Gti pa /0.r flilL4✓r 'Yn ;' �� RECEIVED Applliik nt Signatur SEP 16 2016 DCM- MHD CITY RECEIVED JUL 15 2016 DCM- MHD C:....`( 252-808.2808 :: t-888.4RCOAST u www.necosstaimera ment.nst revised: 12/27/06 *Boundaries are approximate and are not meant to be absolute. Map Source: Craven County and NC OneMap GIS data. LMG p MANAGEMENT GHOGP i.c Envuonmen wl Cansvl [nnrs RECEIVED JUL 15 2016 VeuseRiDCM- MHD C 0 500 1000 2001 SCALE 1" = 1000' 16 2016 CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 02-07-424 Sheet 1 Vicinity Map 7/8/2016 Sheet 1 of 9 *Boundaries are approximate and are JUL 15 20AECEIVI: not meant to be absolute. W1 0 500 1000 2000 Map Source: New Bern Quadrangle 7.5 ma(;MposraP►��1 s 20 SCALE 1" = 1000' LMG D MANAGEMENT GROUP mu Environmental Consultants CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 02-07-424 Figure 2 USGS Topographic Map 7/8/2016 Sheet 2 of 9 not meant to be absolute. JUL 2016 Map Source: 2012 Aerial Photography NC OneMap. DCM- MHD CITE 0 100 200 400 SCALE 1" = 200' LMG LAND MANAGEMENT GROUP me Environmental Consultants CAMA Major Permit Application New Bern River Station Marina New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 02-07-424 U+TY Figure 3 2012 Aerial Photograph 7/8/2016 Sheet 3 of 9 APage Iof4 Workflow No. 0000117442-0001 I�IIIIIIIN!IIIIIInIIIUIIIIhIIi�ViIII��IIIInIaV!IIIIInIIIIhIV� Image ID: 000002358570 Tpe: CRP Recorded: 07/14/2014 at 64:04:57 PM Fee Amt: $55.00 Page 1 of 4 Revenue Tax: $40.00 Workflow# 0000117442-0001 Craven, NC Sherri 8. Richard Register of Deeds ISK3291 Pa561 Prepared by: Jonathan E. Friesen, Oliver Friesen Cheek, PLLC, PO Box 1548, New Bern, NC 28560 No title examination was performed by Oliver Friesen Check PLLC. Revenue Stamps: S40.00 The property herein conveyed is not Grantor's primary residence. STATE OF NORTH CAROLINA COUNTY OF CRAVEN Tax Parcel Numbers: 8-003-B-00A, 8-003-BOOB, 8-003-B-OOC, 8-003-B- 001), 8.003-B-00E, 8-003-B-OOF, 8-003-B-12000 THIS TRUSTEE'S DEED, made and entered into this the I T-Aday of July, 2014, by and between: DAVID J. HAIDT, SUBSTITUTE TRUSTEE for UHF Development, Inc. 227 East Front Street New Bern, NC 28560 (hereinafter "Grantor") and New Bern River Station TTMAM, LLC 227 East Front Street New Bern, NC 28560-2145 (hereinafter "Grantee") (All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context); RECEIVED SEP 16 2016 JUL 15 2016 DCM- MHD CITYDCM- MHD CITY Palle 2 of 4 1 Image ID: 000002358571 Type: CRP Paager�2 of 4 WITNESSETH: BK3291PG562 WHEREAS UHF Development, Inc. executed to Mark S. Hartman, Trustee for New Bern River Station TTMAM, LLC, upon the lands hereinafter described, a Deed of Trust dated October 27, 2006 and recorded in Book 2573, at Page 101 in the office of the Register of Deeds of Craven County, North Carolina; and WHEREAS by instrument dated March 17, 2014, recorded in Book 3266, at Page 833, in the office of the Register of Deeds of the above -captioned county, the Grantor was substituted as Substitute Trustee of said Deed of Trust in the place and stead of the original Trustee; and WHEREAS the indebtedness secured by said Deed of Trust being overdue and unpaid and the Holder of said indebtedness having called upon said Substitute Trustee to foreclose said Deed of Trust; and WHEREAS said Substitute Trustee having given notice of the commencement of foreclosure of said Deed of Trust to those persons entitled to same and those entitled to notice having waived their rights to notice and a hearing pursuant to the provisions of Article 2A of Chapter 45 of the General Statues of the State of North Carolina; and WHEREAS, the Clerk of Superior Court of Craven County having authorized, ordered, and directed that said Substitute Trustee could proceed under said Deed of Trust to give notice of and to conduct a foreclosure sale, all of which appears of record in File No. 14-SP-237 in the office of the Clerk of Superior Court of Craven County, North Carolina; and WHEREAS, a report of said sale was duly made to the Court and the same has not been raised, upset, or increased as provided by law and said purchase price has been paid as in said Deed of Trust prescribed. NOW, THEREFORE, for and in consideration of the premises and the sum of Twenty Thousand and 00/100 Dollars ($20,000.00) the Grantor has bargained and sold and by these presents does bargain, sell, and convey unto Grantee, said Grantee's Heirs and assigns, the following premises, to wit: All those certain tracts or parcels of land lying and being situate in Number Eight (8) 5- Township, Craven County, North Carolina, and being more particularly described as a {` follows: ,CIO 0 Beginning at a point in the northern right-of-way line of Queen Street located the ep following courses and distances from an existing P.K. nail set in the intersection of the V ~ centerlines of the pavement of Craven Street and Queen Street: North 690 57' 17" East W 222.87 feet to a P.K. nail and then North 20° 00' 00" West 30.00 feet to the point o� beginning. Thence from the point of beginning so located, North 20' 00' 00" West iJ 150.00 feet to an existing iron pipe; thence South 70e 07' 00" West 40.00 feet to an Q existing iron pipe; thence North 20° 00' 00" West 172.00 feet to an existing concrete monument; thence North 70' 07' 00" East 397.61 feet to an existing iron pipe located in the mean high water line of the Neuse River; thence along and with the meanhigh �'� ED line of the Neuse River the following courses and distances: South 49° 32' 0 21.40 feet, North 870 48' 09" West 14.56 feet, South 40' 21' 26" West 18.21 feet, North JUL 15 Z016 DCM- MHD CITY + Page 3 of 4 l 880 50' 53" Fast 19.15 feet, South 290 14' 41" East 31.63 feet, South 140 10' 01" West 10.30 feet, South 39 57' 12" East 56.78 feet, South 590 02' 38" East 30.00 feet, South 310 23' 04" East 76.34 feet, South 250 08' 49" East 82.56 feet, South 230 49' 26" East 54.21 feet, South 400 29' 39" West 6.18 feet, South 330 08' 59" Fast 3.98 feet and South 790 39' 17" East 17.66 feet to a point; thence leaving the mean high water line of the Neuse River and running South 70° 07' 00" West 165.00 feet to a new iron pipe in the eastern right-of-way line of East Front Street; thence along the eastern right-of-way line of East Front Street North 20° 03' 56" West 30.18 feet to a new iron pipe in the northern right-of-way line of Queen Street; thence along the northern right-of-way line of Queen Street South 700 07' 00" West 231.85 feet to the point of beginning. The above described Tract contains 3.00 acres more or less and is delineated on the survey prepared for New Bern River Station TTMAM, LLC by Brad L. Suitt & Associates, P.A. dated November 23, 2003. LESS AND EXCEPTING Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of River Station subdivision, as the same are shown and delineated on that certainmap or plat entitled "Subdivision of River Station A Planned Unit Development" and recorded in Plat Cabinet H, Slides 86-E and 86-F in the office of the Register of Deeds of Craven County, North Carolina. The above -described property is conveyed "AS IS, WHERE IS, AND WITH ALL FAULTS." No representations or warranties relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the above -described property are made and any and all responsibilities and liabilities arising out of or in any way relating to any such condition expressly are disclaimed. TO HAVE AND TO HOLD, the said premises, together with all privileges and appurtenances thereunto belonging unto the Grantee, said Grantee's heirs and assigns, in as full and ample a manner as the Grantor is empowered to convey the same. IN WITNESS WHEREOF, the Grantor caused this instrument to be executed in such form so as to be binding this the day and year first above written. G OR: (SEAL) David J. Maidt, Substitute Trustee For UHF Development, Inc. NNII I �I IN N� �11111d � W11I� ICI III I� �iN � �I � Image ID: 000002Page72 ofg4: CRP RECE1�3291 PG563 SEP 16 2013 QCM- MHD Ci` `� JUL 15 2016 DCM- MHD CITY Page 4 of 4 NORTH CAROLINA CRAVEN COUNTY I certify that the following person personally appeared before me this day, acknowledging to me that he signed the forgoing document for the purpose stated therein, in the capacity indicated therein: David J. Haidt, Substitute Trustee. , , A � Date: July Lq_, 2014 E THRYN F. WILLIAMS Pubtic. North Carolina Craven County Corlrs i n Expires -- J 1`t--- (Wicial Seal) of Notary Public Printed Natnb of Notary Public My commission expires: IlNiui�NNllif�IpIIIIaIpINIIla11��II�II�I�NI�Rlina Imaqe ID: 000002358573 Type: GRP Paqe 4 of 4 aK3291 PG564 RECE9un.Cm) JUL 15 20f& D 4 M- 7'J'i H D: i 4� `Huggett, Doug From: BuildMWelI@aol.com Sent: Monday, July 03, 2017 6:26 PM To: Huggett, Doug Subject: Re: River Station TTMAM/LLC New Bern, NC Doug, Thank you for the timely response. I thought the water depth would be a much more important issue, and it will certainly be for the folks who might buy or rent a slip. But, that is the marina's problem to resolve, not CAMA's. I think we will be wasting our money to hire the marine surveyor to show the true bottom contours. I am going to recommend that we call them off and forget this issue. Again, the folks at Queens Point really do appreciate your help in this matter. Jim Schout In a message dated 7/3/2017 4:31:17 P.M. Eastern Daylight Time, doug.huggett@ncdenr.gov writes: Mr. Schout, I have looked over the various pieces of information that you sent over the last week, and I have also spent time looking into the history of this project. With this in mind, please allow me to explain what I have been able to determine. To begin with, this marina project actually has a long history with my agency. We first became aware of this project around 2007, when the applicant's consultant began coordinating the review of the proposal under the State Environmental Policy Act (SEPA). The SEPA review took the form of the preparation of an Environmental Assessment (EA) for the proposal, and the EA was reviewed by numerous State and Federal Agencies, none of which questioned the water depths provided or objected to the project proposal based upon environmental impacts. Following the completion of the SEPA review process, a Coastal Area Management Act (CAMA) permit application was submitted in 2008. The permit application package was reviewed for accuracy, including water depth information, during a site visit by DCM staff before the application was sent out for additional review by other State and Federal Agencies, who again did not raise issues or concerns over the accuracy of the water depth information provided. This permit application was ultimately placed on administrative processing hold while the applicant pursued certain issues with the City of New Bern. The project remained "on hold" until sometime in either later 2015 or early 2016 when the applicant informed this office that they wished to resume processing of the application. DCM informed the applicant that, due to the amount of time that the permit application had been dormant, the original permit applicatioh package would be retired and a new review would need to be initiated. The new application package was submitted in 2016, at which time we again reviewed the application for accuracy (including another confirmation of water depth information during a site visit) before being sent out for additional review by other State and Federal Agencies. Based upon this final permit application, and the fact that none of our sister environmental review and/o; permit agencies expressed significant environmental issues with the proposal, a CAMA permit (Permit No. 102-16) was issued on October 19, 2016. I hope that the above short synopsis will underscore the level of effort and scrutiny that has gone into the review of this project over the last 10 years. I would also like to point out that in just the last 10 days, a Division staff member visited the site again and confirmed that there appears to be approximately 3 feet of water +/- 50 feet from the shoreline, with the water depths getting deeper as one moves waterward. I believe at this point it might be helpful to explain how our program deals with water depths during the permitting of docking facilities and marinas. For a project in the New Bern area, we utilize "normal water level" (NWL) when reviewing a docking facility permit application. Per the rules of the N.C. Coastal Resources Commission, normal water level is defined in 15A NCAC 07H .0106 as: "Normal Water Level" is the level of water bodies with less than six inches of lunar tide during periods of little or no wind. It can be determined by the presence of such physical and biological indicators as erosion escarpments, trash lines, waterlines, marsh grasses and barnacles. Of particular note is the portion of the above definition that states that NWL is the water elevation that exists during periods of minimal wind. In looking at the photo that you submitted to me, including various physical and biological indicators such as water lines on pilings and the shoreline, the water levels shown in the photo appear to be caused by wind -driven circumstances, and are therefore not a proper indication of normal water level. In fact, utilizing the water lines on the pilings, it does appear that normal water depths of 3' do exist at the site. The intent of the portion of our rules excluding wind -driven events is to not utilize random or worst -case scenarios in reviewing permit applications. With this information in mind, the Division finds that that proper review and oversight procedures were followed, and that the issuance of Permit No. 102-16 was not based upon erroneous or misleading information. I hope this answers your questions and provides some insight into how the Division reviewed the proposed project. I wish you and your family a happy 41h of July holiday. Sincerely, Doug Huggett Doug Huggett Manager, Major Permits Section North Carolina Division of Coastal Management 252 808-2808 ext. 212 From: BuildMWell@aol.com [mailto:BuildMWell@aol.com] Sent: Friday, June 30, 2017 1:11 PM To: Huggett, Doug <doug.huggett@ncdenr.gov> Cc: eddie.fitzgerald@newbernsj.com Subject: River Station TTMAM/LLC New Bern, NC I do not know if you have been told, but the proposed marina is on the front page of today's Sun Journal. The article does a fine job of telling us the facts concerning the Board of Adjustment meeting on Monday evening. However, it is up to us to understand the truth behind the facts presented. Once I exposed the discrepancies in the documents before the BOA, which were used to attain the permit from CAMA, many things were said to discredit my testimony. The newspaper article points to one of them and it is key to what happened that night. Let me quote from the paper. This is from Beth Walker, the chair person who was sitting in for Sara Afflerbach, who was forced to recuse herself in order to present the marina proposal to the board she normally heads. "Walker pointed out the rendering of water contours Schout was referring to was to get the permit. Engineers would make more detailed drawings of the contours as the plan develops, she said." You can see from this information that my testimony was rejected by the BOA because your group doesn't care about the accuracy of the information given to you. That is what the LMG presenter said in the meeting. So, the group that wants to build this marina intentionally sent misleading documents to CAMA to get approval from your organization. Then, they used the permit to persuade the Board of Adjustment to approve a special use permit, which they did Monday night. The next step is to use your permit plus the BOA approval to sell this plan to the New Bern HPC. That may happen next month. Time is of the essence here. If CAMA cares about being shown erroneous documentation, we need to know what you plan to do before the HPC meets next. According to sworn testimony at the meeting, you do not care about the contour accuracy shown on the submittal. Here is our problem. All we really want is for the truth to be explained to the HPC. Maybe we can request that you come and explain the permitting process and why the contour lines do not matter. That will help the case for the marina and hurt our argument. But, it will educate the town of New Bern concerning the role of CAMA and it will help us all to appreciate what CAMA offers to us. By the way, I am not opposed to this marina. I am opposed to selling a marina based on false documentation. I am opposed to bad engineering. But, I am told that what I have uncovered is not bad engineering because they admit it really just a bad rendering. I hope the information about the newspaper article helps. Jim Schout 'L e M'i,' 1 l Bodnar, Gre From: Huggett, Doug Sent: Tuesday, June 27, 2017 8:12 AM To: Bodnar, Gregg Subject: FW: River Station TTMAM/LLC New Bern, NC See me on this Doug Huggett Manager, Major Permits Section North Carolina Division of Coastal Management 252 808-2808 ext. 212 From: BuildMWell@aol.com [mailto:BuildMWell@aol.com] Sent: Tuesday, June 27, 2017 12:51 AM To: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: River Station TTMAM/LLC New Bern, NC Dear Mr. Huggett Monday evening the people referenced above, who applied for a permit from your organization, presented their Marina to the Board of Adjustment here in New Bern. There was much opposition to the marina, but the BOA voted unanimously to approve it. Your name is on the permit, signing for Braxton C. Davis. The date is October 19, 2016. 1 am an engineer and studied the permit application in great detail. What I found was a clear case of misleading and completely erroneous information that was presented to you. The drawings from LMG show water depths sufficient for the proposed marina, but I have irrefutable data to show that the actual depths are unsuitable for that marina. They are off by a sizeable amount. I made a presentation of my findings and the BOA acted as if it bothered them, but then decided, (based on the LMG person's testimony) that you really did not care. All you were interested in was the environmental concerns; according to her.The Board ignored me completely and I was accused of being an unqualified person. They had "experts" to discredit me. I do not know what to do with this situation. One of their presenters said that all that was needed was for them to ask for a dredging permit to solve the problem. Is it really that easy? Or, do you actually care about being misled on water depths? Quite frankly, I spent the weekend collection irrefutable data and then was told to just go away. I am more than willing to drive to your office to show you the facts. The entire hearing is on a recording, so everything that was said is available to you from the city. What the LMG drawings show is really quite ludicrous. They show contour lines that are impossible. I have actual photographs that show the contours at low water and they prove that the LMG drawings are false. But, if you read the small print on the drawings they clearly state that the water depths are not guaranteed and the drawings are not "engineering drawings". In other words, they covered themselves with weasel words and apparently you bought the story. Or, do you "not care" as they told us at the meeting. If you do care, please let me know. I will work with you to correct the wrong that is being sold to New Bern. What I cannot figure out is why anyone would try so hard to get permission to build a marina that will be a catastrophe at any low water event. Your permit clearly states that no dredging will be allowed. But, I can come up with one scenario that makes sense. They provide false information to you. The BOA based their decision to approve on the fact that you issued that permit. The fact that the base line data was incorrect was not an issue. But, what happens when the construction starts and the real problems rear their heads? OOPS! They need a change to allow dredging because of all the money they have already spent. So, you allow dredging and the show goes on. Is that the way the game is really played? I hope not. I need to find some good guys in this mess. The home town "good ole boys" think they have pulled off a big win. You should have seen their faces when I said I was going to contact you in the morning! But, once they discredited my testimony I think they figured it was not going any further ... and maybe it won't. That is completely up to you. Call me or e-mail me. I will be at your office with all the data anytime it suits you. Sincerely, Jim Schout New Bern, NC 201 Johnson Street (252) 288-5172 r 5/ II 11 a n rr -O(7 - %' HW At% : wsL devw&ws ievel oR V 172 SiY✓ s� � s � � � efX�i s r 5'3 51: hIc n' el i�cn' DwG2 bs -ll _ /ro 0 1 ; ! 4�o✓i i�OL t` al �Cs sa� 'li 2ab L Ooj !t, T+ u46eg ' s4f. V-3-e(( 6�a� r fblb i (' i J. �Qbl!oP1 SI 1 11 II / tAl ad) --7C'9/Y, 01 ' �p cri crt c-y, ,>W7 y � 1 D11 �M / "Y /dOh' Zb n-�FN � 7�10 o - ;1 b-f h 4'�s -7CYI/Y (74-99 x l,u State Property Office ADMINISTRATION September 12, 2016 To: Courtney Spears Major Permits Processing Coordinator From: Joy Waym Real Property A Re: CAMA /DREDGE ill Permit Application Review Applicant — New Bern River Station TTMAM, LLC 53-slip marina PAT MCCRORY Governor KATHRYNJOHNSTON Secretary Reply: The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. WW RECEIVED SEP 16 2016 DCM- MHD CITY /'Nothing Compares State of North Carolina I Administration I State Property Office 1321 Mail Service Center 1116 W. Jones Street I Raleigh, NC 27699-1321 http://www.ncspo.orgl9l98074650 T 1919 7331431 F �. N66,.,E.�Y.�e `KMMTER 5• UNE gg3`i3 V� X�" ' W MUSE RIVER 13 fr � J A m. I UMITlpxarvW)- I1 O qqq __ � I ------------------- / 75'GOAGTAL S-10REUNE s ` UW AEC urar TOTAL AREA 91 Da.M6 H- qR aao +l- tlrx.• QUEEN STREET 60'R/W s 1us69 x I — I— .d\ rr Ig !w aAssl wnoesmeLl•uc yR I- a�elvwr AnArr®wrow�aex � - O F4iGiEr091E 0A ® MT,� Ru ti a+. . ow+/ -sore � _ ruw'fmlal m6ID Lm\ Iu3 sA¢ IM Base survey and water depth contours provided by Brad Suitt. Pierhead line, proposed marina and notes added by LMG for CAMA Permitting Only. This is not a survey or an engineered document. 1SRWARAN is 1 Existing Pilings since survey) I 1 II • 11� III I 1 1 • • • • y II I I II I Ali I i I I Previously Exiserg Piling (removed since survey) 1 I II 1, 1 , 1 1 14 RRAalAN IDOR SETBA RIPARIAN RRIDORIILIMIT 1 1116 1 I 1 I ittiil! / J 11 o- m 6wxwo ,�,ffi(Aw,aww, ��a�1 s SURVEY NEW BERN E RIVER STATION TTMAM LLC Le. ewL wA•EA E.x.�, rowva. wAYs mYln. NwM cwan. 52 wre: 11/Z]/1W.2 RFRAEN:I' I. BYM" I501. 6 1 I. Boar I]z PAx zel OEE9 BCC( 139. vA« 4l5 0(ID BCCf 1896PA6E H9 ou\cx cawn REpsmv BRAD L. SUITT & ASSOC P A LAND SURVEYING - S11E PLAN DESIGN ENµ4CNYEx,AL PLWNWC - CdIYEAOK - AE55f1VPAE NEW BERN, NC. 28561 505 JIMMIES CREEK ROAD P.0.8. 72142 (252)635-3333 FAX 635-1346 C 0762 S� a B� Z m C N m A m A 9 n d 52 --1 RECEIVED JUL 15 2016 DCMo MHD CIl w. rt000 AEPxr M6 P 11.14 1.oS!'mMos rFn6�mYpE.RCwEEDNg iRiRQYXgYB. WMlf6YWJMIi.I ,AS9i �Iw OFd0LOU I EAOp EY MOY. SURIINN VE REGRORI-EISpClZE 'IN BµAolWEtl.X Y PO6 fIXS 6EA EUUrcAZYP INWIEKWGrw.N MCA ZOONEPLW p NO 0�09).. 19M 61NY. U54T wM'lW VAMp SZB-19]R. E.p[ rN 0 40 0 1 0 C(:AI F 1" = An, CAMA Major Permit Application Site Survey „o i, y IC¢r11EA0911Y6iiq Fq �j� LI IT III I I Gf . I RIPARIAN CORRIDOR I �RRIDOR eEfeA CK I 15* 1 1 1 ::..�':: 15RIPMWN 1 I j �':::u:."�':'::. � —O_ I r 1 I i 14 Sp� B mPn ir---- 1 , J 1 1 404 WEi(AND LIMST :. m 1J 1 '1 I C •” z m Pilings revoved I 1 q aa t` 4 neeEdsting (removed since survey) R4a Oi m 1'111 I j I I IL f�r1 O z N` i< °� `� ,,,///4L�'_ •,Y _____�. 1 6 I I • ��� I it ``�i IIN m m O IIS II %-�_ (� �Vll, Se NELSE RIVFR BUFFER �- 11, 1 '\ p • ' I II ' _ � 11MIT 4'- Ii Y �• (permuvq) ' 1 ' i I I I I I L9 f sm _____5_--O !—o `•\� -___ I N ,`i e • • II II II II �E4 ®®euu ."�.am&vy(��\\C\3 \ __ i ,i �� I� e I T veil N )5'cOA5TAL5HOREl1NE AEc uNrtr TOTAL AREA V I� i it II 1 n i Z g Mae aee+/- ,free Previously Existing Pilings I a I[g" \ I (removed since survey) I a 1'` III' • `/At • f • • 1 i Ir 6 ` <'m"an"^Y ro CO'RIUORSETRA II 52 s mvrm• • —_____ S3""�i0�"'' " 1 \ i 15 RIPMIM ,LIMIT 115' +—g _aaYro,.> l RIPARIAN RRIDOF I I rot $ QUEEN STREET 60' R/W _ 0 on 3 w�� — m • �! �_ w — t RECEIVED ra L d1 ro vn me,odc �IMPm3 Y= Y K`G '•'d�A m. ILfeW) 9528.5-f •69 3 u 3995(told) t �t 6� lie .tl�A(QYY AAPSLOtlMITe0 M44MO rNIDL(MwWYiY) YCCW,G PM1vm a ^rpvp{ JUL 15 2016 9•iYj iOm@Y6Y Vey YY8 am mi Ivi P�¢ n� - & W^o • ' m SURVEY _ rLargw�Et / OR 200 rn� e®®o`C�oueilelo,or� NEW BERN RIVER STATION y Z "RF,TraaT"'rn�e„B1, TTMAM. LLC MM mRX mu,em LrNT fama9ly. a.w, LaMn. nnxm w,v.v. 52 N¢i %- 9[ cwn6Mlr¢ r® m P.¢ «u MT. N'. ¢r1TE:11/21/)MS SVMfr PRELISp N 1: 10 We. F lX eF HM 6ERN �A{FWSM1VC gpLUM,VN P1µ� MCF ¢ �ry 34,OAT ¢SS ♦ f. ¢ PFFERFNCG e® sWlf I501. PAGE Y9e ¢EFD AMY 1}3, ,AGE ,s' ILXSNMT OA Fl.OeD XtS Wro FE IAM'LP .wG65 VNU. T15 PP¢PFFIY SLLLE¢ M 30NE A-6 Pw FLOW M$URWCE MlE ��` W ```\ ¢Em BLM( 139PAGE AIS pFFD BOM 16➢& P GE 449 Ylo LIIYYU m, 3 1p' PHVR .1 / Irk . .iW-YFAX aw. M[i P'iOPfFLY $FIlE P) ARFAS M1VYBw 0.g4 E IWl✓ XEYISEP. OID ME IGO-YGR 1YNWE 945E RGOO /� LRA4EN GWNIY P£GISIxr gr EINAiPoN9 RW100.5 INVE 9EFN ¢ERAMINED. O MVAR¢ FPGAW rnL; REFa+r M xG leer swFRSEG¢ rXE A9p2 RLFwwttn Rau Issro'(mep BRAD L. SUITT & ASSOC P. A _ LAND sURVEtlNG 511E PLAN DESIGN BE OG PWIYs3ON 0 R�'9'LE er On' OF NENEWRH wY1RWMOUL PLWNING - COfLYwL1RL - RLS¢wML YMI OT. Is. MUM-9UIIDING LMES PER�yR-6 2CNM¢fese ofruY' uses YoxuY stfi-isu reu«nu NEW BERN, NC. 26561 NmuRLviF�R.•'lALSfia�Txx oqq W m ® 6 a 505 JIMMIES CREEK ROAD P.O.B. 12142 (252)635-3333 1 FAX 635-1346 oA¢O3e3 0 40 6 60 m A SCALE T' = 80' Project: New Bern River Station Date: Revision Da te: LMG New Bern River Station TTMAM, LLC 7/5I2016 Base survey and water depth contours provided by Brad Suitt. NrGNrn,F� New Bern, Craven Co., NC Scale: Job Number: Pierhead line, proposed marina and notes added by LMG for CAMA E^vlr^^m.^.,I L^nm^^^ 1"- 60 02-07-424 Permitting Only. This is not a survey or an engineered document. Title: CAMA Major Permit Application t Pp 3B05 Wrightsville Drawn By: Sheet: North Camlinuif915 Wilmington, N¢M C9mlin001 Site Survey 4 of 9 Telephone: 910-452-0001 1011011V461T Icenre�lraice ntlA vB4p 0 RIPARIAN CORRIDOR LIMIT CORRIDOR SETBACK - •, :. 15 RRARNN 'Y �',:•:••'.••':::':{(. Dec. VATHhTTENWToss $ IO��Yf r�:o,E:aTCJq`yf ••• (HATCHEDI ::C q• n 8 n 2T v m S 4M WETLAND LWIT C i ® O m 5. NORMPL WATFA LINE u 42 41 40 39 ® O A 1 �ag9a.I ��/� la ? ,( 0 C ^-p v O� 50'NEUSERNERBUFFER O SlaEaury Pum � m \O� A V V` (pal Survq) LIMIT21 pF � v y.$ PP 7TCOASTALSHORCEUNT 52 20 r O C O) \�`O Q%��` C/ ® 45 46 4] 4B 49 50 is is 9 `\ V�\l � 51 © 8 MEN+AREA V-W A 9 pZ m I8 0 O I6 IS 14 ❑ 12 11 to O9 S O m 7 y5q DOCKS Wn1AT UXTOR3 nE"H _ (HATCHEM v I .,m4maa 1S RIPARIAN CpRRIDOR SETBACK 52 �8 CORRIDOR LIMIT 15 tazrc 8` QUEEN STREET 60' R/Wa i RIPARIAN • . - a/��\ qy 93.E zg E a 3 0' m xuxuo ^+xSQI(.IewOvan) 8p4 III !\ 4g $ y5 (lo ' J u mro, d$\! F .zumf.'fD . c lf//Opp.�� num M:.� YY1.W mmar ev •V e4 �r4 � g ] ��. H Y9 E® x J L 15 2116 n g W j �� SURVEY FOR 200 o�rr�¢Nsmela ua NEW BERN RIVER STA77ON g� DC ��gg Mkt® ,�ag-g� Y CITY E r o .�Qsuss. TTMAM. LLC wm 19 fE ne+ewx wxsu owr roYmm, wNwv man xmm cwunu 52 xorEc al. aTxlu iDT.LL zeL93 �-IX rt � o1h`ir/1T/iW1 Ser�,ymyoaCogvFAUTn�s� �jedv¢�pN �{' y p C tyry 01. WHICN H0.S az rs u x w IH of xEw eEav AbiCL1 6S5 i ¢ IS01. PALE YRO REfiRFNLE OiXO MI 4aUNtWCf nmx.0# OF IANO. C4 RWO RDVR/. t W MOs OCR) 000,( 11, PAT£ %1 OCR) 90N( 1]9, PACE CO, OEm BOM 1b9d PALE 119 M6 PRCPEQIY SdIEp W ZONE A-6 9W RCGO L4A/RINCE .GIE YW IIPO,YMUNl1Y .!!M] PANEL NYYBER WS{ E YV REVISID: mpySGIE14 tHE 100-K 9E RLOO WHERE &t5E M1OW PTRN U.,NN LWHIY REWSWY. EIN.MIN$ M'0 iLWO HVMO F.LIORS N1K BEfH OEILRNLVm. sroves'v lsswyroroO GRAD L. SUITT & ASSOC. P. A MI5 RFIgRI N Np WAy YlPER5SO ME PAYE R6£Rp,C0 :WY Cny eve( rgyryY r "NO SURV NC - SITE PLw DESIGN pNRIXINmTN. PLWNINC - LL.VYFALIN. - RESIOEVML Ls.mapwrrzaxmR- o u IMt Z. 1-6. px OR. EIEV, Us S SNONN .OFF OF NLM1Q 1929 MNY. USES .. S]L-19S3. Z LtID �, , . -.'«mw BEEN. NC. 28561 09. GONR)us W2MtY$ SNOWx ME AT 1.0. IT1 505JI JIMMIES CREEK ROAD P.O.B. 12142 (252)635-33-3333 0 40 80 0 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. SCALE 1" = 80' PER: U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Ocean Service Project: New Bern River Station Date: Revision Date: Station ID: 8655151 LMG New Bern River Station TTMAM, LLC 7/5l2016 Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided by Brad Suitt. `'""D1NAN"GMEN1GR0UP En•1,nnm.Nnl mn:u"enN New Bern, Craven Co., NC Scale: Job Number: MEAN HIGH WATER (MHW) = 0.116 Pierhead line, proposed marina and notes added by LMG for CAMA Title: 1"= 80' 02-07-424 MEAN LOW WATER ML ( 1M = 0.003 3805 Wrightsville Ave., Suite 15 Permitting Only. This is not a survey or an engineered document. CAMA Major Permit Application Drawn By: - Wilmington, North Carolina 28403 Proposed Marina Sheet: Telephone: 910-052-0001 5 of 9 RIPARIAN! CORRIDOR LIMIT ) 7'00' E i,�397.61(t.tl) $ORRIDOR SETBACK 15' i i 15'RIPA RIAN 4 I D#KIS WITH ATTEN(lATORS 22' AM 1361,10, (HATCHED) Alf r 31 (D (2 404 WkTLAND I (10 F9 v 44t2 0 40 C3 0 Nl2AMAL WATER L 24 50'NEUSE RIVER @ Staficnary, Pump -out LOT 7 LIMIT (per survey -4- 02 IT. ----- — - - - ---------------------- if 11 if \% 75'COASTAL SHORELINE 5 20 * I C: -n CD CL AEC LIMIT & CD TOTAL AREA is! z 130,686 +/- sq.ft Z 3.00 +/- acres I z m 1 Ea t I m it 1z z :3 g CD Cq 2r M 611.11IN6LINE DOCKS WITH ATFENUATORS (HATCHED) K R�;bYLT op .11111 15. I,,,NCOkRio0RS RIIPAR 'kl 5' It S 7=7'00' W 231.eE5'(t.t.l) 'LIMIT NtD V RIPARIAN 9ORRIDO QUEEN STREET 60' RIW Z� .�AAA�� Of - - - - - - - - - - JUL 1 16 0 Of I/- 011e- 611 1/- .,JC 0. off, , �ofrfS 7 ILn; . . 1.1, 'A. 73.9J�(W.[) SEE Sol, 9OZ PALE FOR OF MIS 1,0fiTION OF RAILROAD M 6,131TY N 70 -5 2'02" E N 70'52'02" E M I am WAY I W ' i I IV 85 iO orJ� �AANWCj LLROAD LOCATION OF 00 RAILROAD MUSSa(A&ANDONED) EXISTING MONS (to t"I , ABANDONED sirtak RIGA& WAY ld� 9 1 0 25 50 10D ELEVATIONS SHOWN BASED OFF OF NGVDI 1929 DATUM. USGS MONUMENT S26-1932. SCALE 1" = 50' PER: Project: New Bern River Station Date: Revision Date: 7/512016 NOAA Station ID: 8655151 Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided by Brad Suitt. LMG New Bern River Station TTMAM, LLC New Bern, Craven Co., NC 4 Scale: Job Number: MEAN HIGH WATER (MH" =0.116 Pierhead line, proposed marina and notes added by LMG for CAMA Title: 3E05Wr[ghhnillleAve.,Suim15 CAMA Major Permit Application 1 = 50' 02-07A24 MEAN LOW WATER (MLW) 0.003 Permitting Only. This is not a survey or an engineered document. Wilmington, North Carolina 28403 Slip Count Detail Drawn By: Sheet: 6 of 9 Telephone: 910-452-0001 SCALE 1" = 50' Base survey and water depth contours provided by Brad Suitt. Pierhead line, proposed marina and notes added by LMG for CAMA Permitting Only. This is not a survey or an engineered document. Cross Section A A 12' RAMP Gazebo "PUMPOUT AVAILABLE" SIGN JOINT 404 AND COASTAL WETLAND NWL WalkwayAr 4 0 -4 -8 -12 _ ECE 0+00 DEPTH PER CONTRACTOR OR ENGINEER JUL 15 2016 EXISTIN GRADE 1 �,00 DCM- fV` HD CITY ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. PER: NOAA Station ID: 8655151 Name: CEDAR ISLAND NORTH CAROLINA MEAN HIGH WATER (MHW) = 0.116 MEAN LOW WATER (MLW) = 0.003 Project: New Bern River Station uate: 715/2016 t LMG New Bern River Station TTMAM, LLC Scale: uepwrawsusltocppv� [o�ro�m.�m�co�,oeo.n New Bern, Craven Co., NC aries varies 3505 Wrightsville Ave., Suite 15 CAMA Major Permit Application Drawn By: Ylmington, North Camlina28403 Cross Sections Telephone: 910-452-0W1 02-07-424 8 of CORRIDOR LIMIT '1,39].61'(tota)) RIP ARIANi N 909Y00' E ' r--------� SETBACK ' , 1 15 '� '•+` I j II 15' RIPARIANGRRIDOR NNIN 2S' AM _-__—I •.;:L'0 QIElI✓1ND5. I i I I i I j • ,. ..: r,,-ii' , l •,� , 11 '{ °' f • � -, • ,� , , J I it ', , � I ° i , n � 1 i r - , r - ' 404 WF'TLAND LJfv11T "-N i 1; 1 I i C 1 IN `--`----- NNN \ I I -J\ \ . ` 10' 10 i PA IOF V. amedcana \ It NQ�MAL WATER LINE`\ '\ \ `cy, N I� EI1E0 I21S SP. �\,\ _ \e i i 1 11 C IN Fq 1 I 1�� IN SAV Survey Transact 1 50' NEUSE RIVER BUFFER �_ �4 Stationary Pump -out LIMIT (per survey - UA 111 1� i I N 1 i (p 75'COASTAL SHORELINE ; AEC LIMIT j , it II / 1 I 1 I CD TOTAL AREA II I, �I D 130,686 +/- sgft { ; z II 1 II li N 3.00 +/- acres pn I I 1, m I < <' �\ II ,'I \ \\\ DIN 7\ Z \\ N In ? CD gR 18'W SLOW Il'E 1 I 1 I I j' Ni IN • r 1 /^•,, I • I ; 1 SAV Survey TransgcY" ro -. i ' SETB CK i 385.60'(total) ER RAnRonaw)DRr oFF wAri ; i i I %" 15' RIPARIAN COfiiRIDOR 'I % s 7097'00' W 231.85'(total) :.------------_-i 153J5 i i I ' i I15' 1 �E/E® RIPARIAN ORRIDORLIMIT l QUEEN STREET 60' RI g W,� e c '; �' \ jt 15 2016 Nub 001 r/- acres 612 ♦/- s¢fl tom'" s�]Oro]00_W • 16500 t [al $ I 1 ,.". DEEDEeool 11ii I. OPf.r . 2 SEE EED a0 I( 902. PADE AS3 FOR / 1 1 gyp, ::{{ '�� 1,1tr9� ��� 7J.93'(total) F0.4 OF iH15 P0.RiIPV OF RAILFOAO m NO Ncx of war , 1 § Y�c ,�' r - 2'02- E 0 25 50 100 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. SCALE 1" = 50' PER: Project: New Bern River Station Date: Revision Date: NOAA Station ID: 8655151 LMG New Bern River Station TTMAM, LLC 7I5I2016 Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided by Brad Suitt uaouAeuosusxt caoue... F�.,,°�m.�,°I ca�,wmm, New Bern, Craven Co., NC Scale: Job Number. MEAN HIGH WATER (MHW) = 0.116 Pierhead line, proposed marina and notes added by LMG for CAMA — Title: 1" = 50' 02-07-424 MEAN LOW WATER (MLW) = 0.003 Permitting Only. This is not a survey or an engineered document. 3805 Wrightsville Ave., Suite 15 CAMA Major Permit Application Drawn By: Sheet: Wilmington, North Carolina 28403 SAV Survey 9 of 9 Telephone: 910i52-0001 LI T ------------------- RIPARU49 CORRIDOR I 4 1 SETBACK . . . . . . . . . . . . N 4�> 2! IT z reviously Existing Rings is (removex! since survey) VATER um < it 0 =r ZA "�K 'Al �ol-4— r --- — --- — ------- — --- In 4!� ISCOASTAL SIW AEC uW T TOTAL AFFA +I- ZW moss nit 100 +/- si,srse 1 1 1 I I P Previously Existing Piling I , 11 (removexi Sim e survey) RECEIVED mm�m s. it SEP 16 2016 --u" 52 M CIT ------- RRIDORItLIMIT DCMMHD RIPARIAN Is. I QUEEN STREET 60' R1W 4.1 "!1 RECEIVED Li ."c Aj! �'t iii-. �A JUL 15 2016 DCM- MHD CIT SURVEY 200 VIA nisO."Us.. NEW BERN RIVER STATION `xfilsis� A�U01ff� TTMAM. LL ..T 52 2�M NMI, LXv. Oo� OF a W'�/ `H�m 0410 .;W, PACE2SO OFFN'r 22 FAGF .1 On' P'Z UL .1 IGL. L.l 11.7. `1 �m Z =I — '.SS A-- �FFL" A OFO�rs y N� � OF .,'�Q� mzonmrY BRAD L. SUITT & ASSCiZ. P. I.A. . I... —A LAND SURVEYINGSITE PLAN DES? .'�SSIWO W�or.rv�. ''7A q Imo, �Ov. FOieMNSAL - .1. oz M -5 �m �POFFROAT� 2929 NTOM. W.-OW. NEW BERN. NC. 28561 ,FFA� 1� � a 505 JIMMIES CREEK ROAD P. 01213432 IVEDAX)635-1343 526. RECt 6 6M-3 NPO� 160 2 $100� 11i 1 sEF N 2016 SCALE 1" = 80' CITY Project: Now Bern River Station Date: Revision Date: 715/2016 DCM- M-HO LMG New Bern River Station TTMAM, LILG Base survey and water depth contours provided by Brad Suitt. Now Bern, Craven Co., NC Scale: Job Number. Pierhead line, proposed marina and notes added by LMG for CAMA I = 80' 02-07424 Permitting Only. This is not a survey or an engineered document. Title: CAMA Major Permit Application 3805 Wngruiville Ave., Suite 15 Drawn By: Sheet: Wilmington, NorN Carolina 284M Site Survey 4 of 9 Teleptione: 9ID-452-0001 NM WlOi6lr K 9fAR 1.W11TR{LE e� RIPARIAN CORRIDOR LIMIT CORRIOORSFTBACK 5 :� •' 15'RNPIaAN g O Yf i:'. �; i^.'ti •'�..>a �l (HATCMEm S OPY r—O 31 ]2 O ]C v T g3 401 WETLAND UMIT 4 rz*1 O r1l or <, N p a U 42 41 40 ]9 ® ]7 A pSS AI Q�� NORMALNDITERUNE lm (D ? m o yag m LO 5V NEUSE RNER BUFFER O-71 s/e5On9ry Pum UMIT(p ,.W) Y2 2F 21 i3 TS'COASTALSHORFLNE O 20 OS 0 m p, AEC LIMB ® 45 q6 47 46 49 50 O TOTAL AREA 51 © a Z g GP aco+f-, 0 m IB I7 16 IS 14 ❑ 12 I1 f0 O 0 m � m i rl�Yf DOCKS NATHATIFNWTORS �4eq nay - IWUCHED) v9 52 1S RIPMIAN COPRIOOR SETBACK s mvroYv zn mTmy u,r LIMIT 15 cgs RIPARIAN CORRIDOR tezre 8 QUEEN STREET 60' R/W Qt1 �� 3 .L4,LCQ9 N - I l omem �nt.mw m-c • 2® .¢u1N �11uY �. 9xIT tlD FY.RV1 mUffi(MwWwm) uRaD 9. oc 't nit _�. LTO 9q R C E IVA ED I g JLL15216 SURVEY v 7 200 if 7 tn8 oEmoa9[myPAoe4o NEW BERN RIVER STATION g�q Cp�Nt�",55 r��H 9D Y CITY t�4�IHt 7V9C TTMAM. LL SEC reID .« NC/ &AK MNYA EUxr NYId�. CMHN OYM•M1. NGM Gl9tlA'A 52 01 M 01. A4FA 9Y COCFOAWIS WT&�m WIG N%1]/i4p3 03. SUM'ET PflECO'pN 1:1 WD. gUpyry LR�A}Q SU N6roI� F �,�ryp IN �I[ CT/ OF NfN BERN 0.551/ f N Q RfFWENLG GEED 9WK I501. PALE }EO04. WN'LM x0.S µ 0.VpWgNLEELUUi1NE PMLEIS OF W10. DA fIMV REPoIIr: W } D® e00K 112 PAL£ E91 000 e0M lee PAL£ 415 Care B IL9& PACE M9 ix5 PFJPEFIY $CUED)I,W EONS AU. s f MSURWCE PALE {, WY L�9D8T MEIS OF M IE WN YE44 iL .GTIp$ P PER 00 ECP1E Yi }NE 100-YFA4 FLWO WXEQE 6KE fW00 OiAVEN Cdlxtt REO9IRY. CO EIEVpTI0N5 ANO fLMO WSMO iMC10RS HO9E 9EEV OEIWNWm. BRAD SUITT & ASSOC P. A Rp flFsoRr w nro wnr svPERsmEs ME SOwE RFPEVFNCCD Pwe. s xvum-. rssme«e -L f D SURVEYING - SITE Pf DESIGN p W�AOt AS�W CNY OF NM SM 13ES aY ! ENYflOM1'M M PL .. - LOVME - R£ .R4 UW 601% PER R-6 MMNC Oe. ELLVAiNN$ SMGMN B15E0 OW OF 1919 01NN. U549 NONUN $IB-19J2 O9. WAn ED o. rT1 NEW BERN• NC. 28561 505 JIMMIES CREEK ROAD wD:aus MEAixi P.O.B. 12142 (252)635-33-3333 0 40 80 160 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. TT wm� SCALE 1" = 80' PER: U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Ocean Service Project: New Bern River Station Date: Revision Date: Station ID: 8655151 LMG New Bern River Station TTMAM, LLC 7/SI2016 Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided by Brad Suitt. I'ANDMA"IAG�" rGRD'R "` Env,.cnm.nxnl Enn,vlxnnN New Bern, Graven Co., NC Scale: Job Number: MEAN HIGH WATER (MHW) = 0.116 Pierhead line, proposed marina and notes added by LMG for CAMA — Title: V. 80' 02-07-424 MEAN LOW WATER ML ( 1M = 0.003 Permitting Only. This is not a survey or an engineered document. 3805 Wrightsville Ave., Suite 15 CAMA Major Permit Application Drawn By: Sheet: Wilmington, North Carolina 28403 Proposed Marina 5 9 Telephone: 910-452-0001 Of I �_ -- ---^, ; I ! 'I { RRID RIPARIAN C( R LI II , I - 1 I N ,On7'00• E �,39J.B1'(totaQ t— '` I i I I ----------- ' CORRIDOR SETBACK 1 15' 1 ..: ,_ 15' RIPARIAN I I arm i `-_`—'�i.i: `-----i :..''(.:.''•:;-'L4 i 1 'D(§C WI7HATTENUATORS ,:::: jY•i•1,;'ti.. , i i i II II 1 (HATCHED) :✓;OE.9.Sc'.; '.i / / ) I 'I I I { 1 I II i I , ; x 1 / 28 29 F 30 31 I —_> � !^• � ``\ \ i, , ( / i 1 i I ' O , i it S - �R 404 WETLAND UIv11T ra 1 `� 1 ' Fq %' i •`� �'`` \ \ i it 43 41 40 39 38 O 37 it i 1 ITl 1 � NQRMAL WATER LIN `\' \ 1 1, ' I ' �° 1 t 50' NEUSE RIVER BUFFER - ''1 '\ , ' , I 4 ,_ Statlon'ary Pump -out LIMIT (per survey , I 22 `\ Q t-- ---------- —_ it 5 \` 75' COASTAL SHORELINE I I , 20 �+ II rn i j AEC LIMB ' 1 i I cDi 1 i (D m / TOTAL AREA ; 1I ( i Z 130,686 +/- sq.ft 3.00 +/- acres 1 1 1 I?+ I i i Z m \ N i o f I II lg�.�i N� U) �91 Ij'1'l II it I 1 5 16 1 14 13 12 11 0 O \\\\ 7 ; R f- V E D m 16 20163 i ;; ` ) MHD CIT �• rl �� UK; ' I I ' ) , DOCKS I i I WITH ATiENUA70RS 1 1 V V DC - I l I I (HATCHED) 5 SETS Y 1 t s ]onroo• w zaves(mmp 38---- --- RANAOAgyYIiIT ( WAYI -- — 153.]3' I I \ 'I 15' RIPARIAN CO�ItRIDOR 1 1 1 RR IDOR�LIM'I S Nt A` RIPARIAN QUEEN STREET 60' R/W$ _ ' ' \ l ' ' JUL 1 2 16 Opt ♦/- ones 612 �/- san � now m �owra. xa smpcnres '` s: nCatKx [u bJM fo,. n.(£ SGO i ]oro]DD w 1ss.00 mem � FW? 902 GALE All A fUP OF IIYS GQRIION M RANROAO RI a WAY 1 / ' / 1 01 CITY D C'rl�r' M 1` N 7052'02• E N 70M'02• E H ..' , 91.07'(tota/) N g3 5 $ 85, E u 0i APPROXIMATE LOCATION OF OLD RAILROAD TRU55EL(AOMDONEO) EXISTING PYLON5 ((0Y0r o' m AELANDONEO A N C AILXOAD RIG& WAY 0 25 50 100 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. SCALE V = 50' PER: NOAA Station ID: 8655151 Project: New Bern River Station LMG New Bern River Station TTTAAM, LLC ''"` Date: Revision Date: 7/5l2016 Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided by Brad Suitt. a".�,.°m°.,•, c°„m,°.,. New Bern, Craven Co., NC Scale: Job Number: 1" = 50' 02-07424 MEAN HIGH WATER (MHW) = 0.116 MEAN LOW WATER ML = 0.003 ( W) Pierhead line, proposed marina and notes added by LMG for CAMA Permitting Only. This is not a survey or an engineered document. 9 Y Y 9 Title. 3805 Wrightsville Ave, suite 15 Wilmington, North Caroline 29403 CAMA Major Permit Application 1 pW Slip Count Detail Drawn B Y Sheet: Telephone: 910452-0001 6 of 9 SCALE 1" = 50' Base survey and water depth contours provided by Brad Suitt. Pierhead line, proposed marina and notes added by LMG for CAMA Permitting Only. This is not a survey or an engineered document. 30s Section B E:; o,4 I USACE Channel Setback UtUU OR ENGINEER ITV V DCM- MHD ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. PER: NOAA Station ID: 8655151 Name: CEDAR ISLAND NORTH CAROLINA MEAN HIGH WATER (MHW) = 0.116 MEAN LOW WATER (MLW) = 0.003 ueo wxfcaewr cvow fnvlronmmral Canfullonry 3805 Wrightsville Ave., Suite 15 Nlmington, NaM Carolina 28413 Telephone. 910452-OMI FBI ITY New Bern River Station New Bern River Station TTMAM, LLC New Bern, Craven Co., NC mare: 7/5/2016 raevslon uace: Scale: varies Job Number. 02-07-424 CAMA Major Permit Application Cross Sections Drawn By: Sheet: 8 of 9 \ • N � I I CORRIDOR LIMIT II 1 ' I I ' � i RIPARIAN! I N']0Tl]•00• E( ' I ORRIDOR SETBACK I 15, ' ; 1 15' RIPARIAN 1 `�`�'" ffitl1 i .....'•`„•, �.'i'CE •, .. .fir!!.,,..: 1t�n/WeeS?: II // I I I ' I I I ; I I I °' ____� `•�. � __\ .. �.' - ..: '1 I 1�/ i / � / J ; i I j ', I A^ I I I , , kp, 1 /411. I N P, a i ( g 404 WJaTLAND 1JR1T i (n ( ` j '(1 ` --•� NORMAL WATER LIN \� 10' 10iIPA ,OF V. amerirana •.� �``� NIt) ELEO I21S SP. I I, < 1 1�{ ___�"•--_ � ( ` '� 1� SAV Survey Transect 50' NEUSE RIVER BUFFER `4 I ` I Stationary Pump -out I �ko ' o LIMIT (per survey '1 t 1 I I I `� I ' u�R'rsu aeawn u� _ II ` 1 ` ; i • I I I I I Y� ci- 75' COASTAL SHORELINE '1 ; '• ' , �.n I j to 1 li AEC LIMIT I , j I i I I I 01 Ii i CD TOTAL/ TOTAL AREA / ? { y 130,686 +/- sq.tt } 1� ''1 `' Z 3.00+/-ages '1 l ` �It RECEIVE '! , SEP 16 2016 3/ Iz �, Z S °' 0CM- MHD City m \ 3 CD SAV Survey TranI 11, ''� ' lI s.60'(totw) r j 4RDOST i 15K ';15' 'E s )oror00• w _i • y RRIDOR,,LIMIT E f IV E D PARIAN QUEEN STREET 60' R/W� e J 15 2016 qy �k ..... �. nc.. I65 00 .. �•.". 00 612 11a' a ralrcal xu w+cxnlas I ; rcRvov Cffo eoac Iso. a.a .m Z )J.9J"(total) F£0 B S PAGE AlJ F 00, GM1111N Or RAllR060 1 ` /•� TV �„ 9 H ® CITY •02• m O F WAY E 0 25 50 100 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. SCALE 1" = 50' PER: NOAA Station ID: 8655151 LMG Project: New Bern River Station New Bern River Station TTMAM, LLC Date: - Revision Date: 7/SI2016 Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided by Brad Suitt. fnnrenmrntel Cnnlullont, New Bern, Craven Co., NC Scale: Job Number: MEAN HIGH WATER (MHW) = 0.116 Pierhead line, proposed marina and notes added by LMG for CAMA Title: 1"= 50' 02-07-424 MEAN LOW WATER (MLW) = 0.003 Permitting Only. This is not a survey or an engineered document. 3e05 Wrights\ills Me., Suile 15 CAMA Major Permit Application Drawn B y Sheet: Wilmington, North 3 SAV Survey y of 9 Telephone: 910452-0001 0-452-0001 ---------- RIPARIAN CORRIDOR LI IT Arm" In z Ar 'n ♦ Is rewously Existing Pilings since survey) ja < AllC -------- 1 is 1 1 is SY NEUW RIVER UNIT l-01 ----------------------- is Is • -n 76 COAZTAZ �NE A� UNIT TOTAL AFFA 91 inns +/- so 30D +/- III Prernously Existing Pilin11 gs 7 (ninnoveIl since sun In es. 52 4 -,sawSET -- ----- MIT '15' %111 k RIPARIAN RRIDOR za QUEEN STREET 60' RECEIVED rearm- r is A JUL 15 2016 0 9 DCM- MHD fCIT SURVEY FOR 200 NEW BERN RIVER STATION TTMAM, LL 52 M PRECWN - 1, 11�lw + 0 ZS aRIXMt 12., PAGE � 'PA.1 EL ND? C AI sw .0 W� 4�E � CMNi R niy. BRAD L allITT & ASSOC.. P. _& MVEo. A I -AND SURVEMG VTE PLAN DEVON �7 �1� L 01"u1ma. :%Wil ZAN— z NEW BERN, NC. 28561 N�. A, I rrl 505 JIMMIES CREEK ROAD P.O.B. 72142 (252)635-3333 • FAX 635-1346 CAD07V2 sin 0 RCA( F 1" = 80' Base survey and water depth contours provided by Brad Suitt. Pierhead line, proposed marina and notes added by LMG for CAMA Permitting Only. This is not a survey or an engineered document. CAMA Maio, Permit Application Site Survey I , , RIPARIAN CORRIDOR LIMIT . Ivoroo•r an.exNw r 15' t S RPMIAN fARRI00R $ETBPCN xY OOCN9 W°1AnEMNTORB g _ IMATCNEOI 9 O 0 0 b 2) m I �I bl W£T M OMIT C Z m <. N ■ ( NORMAL WATER LINE 43 42 41 b M }3 1) •O O O 27 0 ' is 2s D m o ` s � O W NEUSE RNEN 81-WPER 9YEaMly ^ (P/RAR.B 12 75 COASTAL SIAOREUNE ® O G AEC LIMIT O 45 ® Q �QGP�Q w 5, O d g 100 9 Da Ig o 16 Is u u 12 n la O p m � m � s • IX.•CI(5 N1TNRn(NwroRs _ (IMTCRf°) e 52 is awu+w+cow'I°°R sEtBACN a mrm•. >r.m.,w �ssm LIMIT 15 —�# —_ ty1pARIpN CORRIDOR �� `' <vzez OUEEN STREET 60 R/W�it� f Nn,w Sf �i m R.NNR� R�- s mM�NM�<MR�1 eq R CEIV D " J L 15 2016 WW 9 SURVEY Fors RIVER STATION 200 DCM MHD CITY NEW BERN TTMAM. LLC N.�v Lm" mMmn, LRARN mMn, xmm cwMR 52 Noms ai 2 mTAt'Nu „OSl F ws nris/imi {sNS�RrTSiNYgry gRR'm$.r /ao(a�oyo y ryr'yp I �ry pry CJ. M1NLW IMT As PVOW..;rE VMCFSSNCf LWO. GF RL,. KERN f_ �R 0.55 ♦ IRWFM'F: DEW AT'AC 150/. VA(S MO .NGLVARI,L W FLOLV' R6QPI W GEEp Bp.]. 1➢i. YAEF MI CEEp ipA YAfE US TINS RR�ERIY SC4£0 M ZWf .t-6 KR i1000 INSIIPMCC MiE WR COYNIINIIY J](N)l VANEL xWR[R 0.M0 E. WG REYIs@ r CEEp BWY M94 PA4£ NB OG1EN Cd/NTY NEp51RY WY E 19B ). A9EA$ CF 1"f ICAYFAR ILCOO MMGWIY ��EINAVS RX.K GRAD L. SUITT & A550C P. A f 4Vp !iWV IWMp I,,LNRS BECN�IXTERYMEO. TMe RfPglr M w WT swEemEE TME Ae°vE RErtRExcm RaL v mod. .mmT/,eq LAND SURKTING - SITE PUN DESIGN M. IM2R f SEMFR S[RAK'F BY OfY P` Nfy BERV. O6. R.YFfRIY ZWIm R-6 EMMVO'AIpT.LL MW'MC - EQNIER[IPL - RE90ENML Ol 1NVWIrL PJIE. CS PFN R-C SptlY C9. ELLVAiNMS NT,i BNSm IXF OF M4Mj 1929 MIUY. NSL$' YGNYN $M-f OJl. 28561 BEES 09 C01RO1M s srnwN u+f Ar i o. m ®m '° w¢� ,ulm 505NEW CREEK ROAD P.O.B. 12142 (252)635-3333 0 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. SCALE 1" = 80' PER: Project: Date: Revision Date: U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Ocean Service New Benl River Station 7/5/2016 Station ID: 8655151 LMG New Bern River Station TTMAM, LLC Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided by Brad Suitt. LAN DNANAGM0NfP0""` New Bern, Craven Co., NC Scale: Job Number: MEAN HIGH WATER (MHW) = 0.116 Pierhead line, proposed marina and notes added by LMG for CAMA Title: 1" = 80' 02-07-424 MEAN LOW WATER ML ( tM = 0.003 3805 Permitting Only. This is not a survey or an engineered document. WtlgMeville Ave., SuRe 15 CAMA Major Permit Application Drawn By: Sheet: VMmlfgron, Telephone: Nam cemllne 910452-0001 2R03 Proposed Marina 5of9 — "" — — "''`. CORRIDOR,IT % _ II `____________ I RIPARIAN! 4ORRIDORACK ! 1 15' 1 I 1 1 I 15' RIPARIAN arm - -, _ 1 I D§CKIS WITH ATTENUATORS .'.:. :'��:'....-,;�•'.:.:_'�a:.. l i/ II I 1 (HATCHED) 1'1 II `_____ ; - _ '•: (rE7LAND ems!' 1.. r'! i i Y Itt I 1 ` V O III 1i rJ-" ( / J {I it ! 28 29 F 30 31 32 33III 34 35 36 III 1'1 ?A, #a A. -� ) IC 404 I ( WJ<TLAND LJIv11T w '1 11 11 1 1 1 V , ------------ NORMAL WATER LIN I 53 I 25 1 O4 II 'I ; G OL -i l I 50' NEUSE RIVER BUFFER -- _ ,1i, 1 _4' Statloriery Pum"ut i LIMIT (per survey___ aui¢wu r+au4 22 1` II \ i I II a - Loi 6 ------------------------------------ ,�'�I I 1 1 I • --------------A II I I 1 ,Ci - 75' COASTAL SHORELINE ', I I I 20 ° I �+ I,5 I cn j CD Q AEC LIMIT i N 11 'i I 44 45 O 47 48 49 i 50 , II m I II, CD TOTAL AREA ,1 51 II 1�, �; II I > ! II Z 130,686 +/- sq.ft 1 I I�' 1 / V ! z 3DO +/- acres I I' li 1 m 1 mayy!!. /)I 16 15 14 13 12 11 10 O9 �/ F C')" m I li It II / CDq 1 i DOCKS VNTH ATTENL ATORS 1 I '1 11 / i < 3e5.60'(t°ta) I I (HATCHED) ' RIDOR SETS. K 11 5 70'0700- W 231.65'(tctel) "r — RavroiDRblr wAr ----- ISJ. ]5 ( 11 i t ! --- 'z 1 //= " 15' RIPARIAN COIF RIPARIAN I R ' 1 S L RIDORI, IMI Ttr/ � V` 11 '. _ t I QUEEN STREET 60' R/— 1 - „� "wa '3 Z�A' �\ l !� ( 1 JUL 1 216 aneso'+E ,o .iI w .,P " �P'+IM x[n e I L PRHPERTLES )393'(total) 902 PAGE AU FPV FOR I£ OF MI5 PPPiICN OF RAILROAD / 1 M D'll CITY DC N ]0'52'02- E O Rl aIGN of WA , 11 N ]0'S2'02- E 5 E ^U O[n 3'S Ib O` APPROXIMATE LOCATION ABANDONED A AN C AILROAD RIGI& WAY EX1511NC PYLONS OF OLD RAILROAD TRUSSEL(ABANDOVED) 0 25 50 100 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. SCALE 1" = 50' PER: NOAA Station ID: 6655151 Name: CEDAR ISLAND NORTH CAROLINA Base depth by Brad Suitt. Project: New Bern River Station 4LMG New Bern River Station TTMAM, LLC New Bern, Craven Co., NC Date: Revision Date: 7/5/2016 Style: Job Number: survey and water contours provided t..,,e�m.a.l co�wu.m, 1"= 50' 02-07-424 MEAN HIGH WATER (MHW) = 0.116 MEAN LOW WATER (MLW) = 0.003 Pierhead line, proposed marina and notes added by LMG for CAMA PermittingThis is not a surveyd Only. or an engineered document. Title: 3805 Wri9hteYdm A"., Sude 15 CAMA Major Permit Application Drawn B Y Sheet: WdmiVcn, North Caroline 28403 Telephone: 910-452-OW1 Slip Count Detail s of s R SCALE 1" = 50' Base survey and water depth contours provided by Brad Suitt. Pierhead line, proposed marina and notes added by LMG for CAMA Permitting Only. This is not a survey or an engineered document. ;ross Section B ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT 526-1932. PER: NOAA Station ID: 8655151 Name: CEDAR ISLAND NORTH CAROLINA MEAN HIGH WATER (MHW) = 0.116 MEAN LOW WATER (MLW) = 0.003 LMG uw uuuccwM mope., 3005 Wnghtwille Ave.. Suite 15 MImingim, Np Ca hm2GKG Telephone: 91045 01 ACE Channel Setback DCM- MHD C Project: New Bern River Station Date: 7/5/2016 New Bern River Station TTMAM, LLC New Bern, Craven Co., NC Scale: Title: varies CAMA Major Permit Application Drawn By: Cross Sections 02-07-424 8of9 i 1 - -------------;`, / � , RIPARIANI CORRIDOR LIMIT 1,1I I I , 15' ; N i09]'00• E ,J9].61'(total) '`------�---- ' CK 11 i l './;. •' ;.: •. r ,, 1 11 I 1 �' � 15' RIPARIAN ORRIDOR SETBA I � ,1i ,,, • ' �1t:.. :''i1: .:£ �? ..` � II I ; II I I li II j fi lM 1 — _ __ _ 1,•.-„j;'�.4 _ // ] � 1 11 1 i i �I j I '1 it I, 1 I I ! 404 WETLAND LIIAIT 1 �I `` /" i, •� III 11 I 11 m NJQRMAL WATER LIN 10 i PAI I IIIIOF V. americans °111 No ELIEO r IS SP. \,\ j I 1 < '\ \\ I - SAV Survey TranaeCt 50' NEUSE RIVER BUFFER - _ '` ` StationaryPumpout LIMIT (per survey tl I 1 I I I I #a . _ N N -5 • `.I 75' COASTAL SHORELINE D I i CL AEC LIMB i ' i 1 / c1 ' i W 1 1 I I m l TOTAL AREA 1,1; ='ll 130,686 +/- sq.ft i �, ii 1'i I z i0) i 3.00 +/- acres I 11 , �, , / m I Co 1 li 1 I I 1Itall n Z \ 01 m • 7 ee N Ya 25' W ALr10 lHE •'J I 1 1 I,t /,: SAV Survey Trans§ - N K ( 365.60•(toto1) 6A✓ 5 ++T4. r li II 15' RIPARIAN COORIDOR S 6 709700- w 2JL65'(fota1) >, �______ ____�• _ 15JJ5' I I I ' 115' III \ RI L E - ; �' RIPARIAN RRIDO IMIT E p QUEEN STREET 60' R/W N L . ' J 15 2016 �$ 6 ]09]00 w -t6500......It ` ° r= - J I -'(NHD CITY E 902 PALE AU fGP / 1 1 av, ]J.9J'(totd) N R A Tn5 PMM>v OF RAxRLAL D C t•02' E 61GN rx WAY 0 25 50 100 ELEVATIONS SHOWN BASED OFF OF NGVD 1929 DATUM. USGS MONUMENT S26-1932. SCALE 1" = 50' PER: Protect: New Bern River Station Date: 7l5l2016 Revision NOAA Station ID: 8655151 LMG New Bern River Station TTMAM, LLC Name: CEDAR ISLAND NORTH CAROLINA Base survey and water depth contours provided b Brad Suitt. y P P y Lwur�^• t�.,,.�m•�,,, r.,,.,,o„ New Bern, Craven Co., NC Scale: Job Num MEAN HIGH WATER (MHW) = 0.116 Pierhead line, proposed marina and notes added by LMG for CAMA Title: 1" = 50' 0: MEAN LOW WATER (MLW) = 0.003 Permitting Only. This is not a survey or an engineered document. 3805 Mightsville Ave.. Sutte 15 CAMA Major Permit Application Drawn By: Sheet: Wimington, North Camlim 2 3 SAV Survey Telephone. 9/0452-0 01