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HomeMy WebLinkAbout6-16 Old Bear LLCPermit Class NEW Permit Number STATE OF NORTH CAROLINA 6-16 Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Old Bear LLC PO Box 661 Murphy, NC 28906 Authorizing development in Craven County at adiacent to Duck Creek, SR 1609 Galloway Street, near Bridgeton as requested in the permittee's application dated 10/22/15, including the attached workplan drawing (1) dated revised 10/22/15. This permit, issued on January 13, 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 ue suoiecr to nnes, imprisonment or civil action; or may cause the permit to be null and void. Marina 1) 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 operable, and maintained for the life of the marina. 2) The marina facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, on each of the 6' wide fixed access piers. 3) Prior to the occupancy of any slips authorized by this permit, the petmittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. (See attached sheets for Additional Conditions) 7ms permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. G Braxto . . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Old Bear, LLC Permit No. 6-16 Page 2 of 3 ADDITIONAL CONDITIONS 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the manna facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) 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 become a permanent part of this manna facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) This permit authorizes a maximum of 105 boat slips. 10) During construction and/or operation of the authorized travel lift, care should be taken to ensure that no filling or excavation of the adjacent Coastal Wetlands area takes place. Such filling shall be considered a violation of this permit for which the permittee is responsible. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Energy, Mineral, and Land Resources, 943 Washington Square Mall, Washington, NC 27889. 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) I/ Old Bear, LLC Permit No. 6-16 Page 3 of 3 ADDITIONAL CONDITIONS Stormwater Management 13) The Division of Energy, Mineral, and Land Resources approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7050508. Any violation of the permit approved by the DEMLR will be considered a violation of this CAMA permit. General 14) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 15) This permit does not authorize the excavation or filling of any vegetated wetlands or open water areas, even temporarily. 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written consent of the Division of Coastal Management. 17) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. No claim shall be made against the United States or the State of North Carolina on account of any such removal or alteration. 18) All development within 50 feet of the normal water level shall be consistent with Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. 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 Division of Water Resources has assigned the proposed project DWR Project No. 05-0149 V2. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510469. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Rivershore Marina Old Bear, LLC Permit 83-05 CAMA Major Permitting Narrative October 2015- Same Scope as Expired Background The subject property and proposed marina received a CAMA Major (83-05) in the name of the owner at the time (Rivershore, LLC) on June 1, 2005. This permit was renewed on February 3, 2009 which was set to expire on December 31, 2010. The permit was then automatically extended based on two State Permit Extension Acts. On September 17, 2013, the permit was transferred to Wells Fargo who became the default owner of the property, with an expiration date of December 31, 2015. For some period of time between ownership by Rivershore, LLC and Wells Fargo, there was at least one other property owner (Big Cypress Land and Development Company, LLC). In 2015, a new owner, Old Bear, LLC, purchased the property from Wells Fargo and hired Quible & Associates, P.C. to re -obtain permit entitlements. The permit proposed herein is the exact same scope as permit 83-05. The High Density State Stormwater Permit for the marina project (SW7050508) is still valid (expires on May 19, 2019) and Quible has applied for a permit name transfer from Wells Fargo to Old Bear, LLC which is anticipated to take place in the near future. It is understood that a State Erosion and Sedimentation Control Plan (SESCP) shall be required for the project. Permit 83-05 and the associated transfer and renewal included a Note that SESCP will be required with a Plan to be filed "at least thirty (30) days prior to the beginning of any land disturbing activity". With submission of this application package, we propose the same or similar condition. The Section 404 delineation was originally delineated and approved by US Army Corps (USACE) of Engineers in 2001. This same line was re -approved by USACE in 2005 around the same time of CAMA Major 83-05 issuance. In August 2015, this line was reviewed once again and an updated jurisdictional determination (JD) request was submitted to USACE in September 2015 (copy the delineation plan is enclosed). Setting The total subject property is 78.9 acres tract adjacent to the northern shore of Duck Creek, the US 17/55 bridge and the Neuse River and is part of the City of New Bern. The property is on the east side of the Neuse River, across from New Bern proper, and is adjacent to the Town of Bridgeton. The site is accessed from Bridgeton by turning right from Highway 55 to SR 1609 (Galloway Street) and following the road to its southern terminus. The property is the vacant land between Galloway Street and Duck Creek. This area contains undeveloped property, residentially developed property and there is a nearby marina (Duck Creek Marina) further upstream on Duck Creek. The City of New Bern has zoned this property C-3 Commercial which includes marina development as a use by right. Wastewater collection for the site is available from the City of New Bern's municipal system and potable water is available from First Craven Water Department. The project area includes is 16.4 acres and includes 7.93 acres of uplands, 0.39 acres of wetlands and 8.10 acres of submerged land which constitutes a man-made boat basin. This the area that was included as the project area for CAMA Major 83-05 and also for the High Density Stormwater Management Permit. The NC Division of Water Resources (NCDWR) classifies Duck Creek as SC Waters and are closed to the harvesting of shellfish. Soundings in the man-made boat basil" ' MEMED OCT 0 6 2015 DCM- MHD CITY Rivershore Marina CAMA Major Permitting Narrative Old Bear, LLC October 2015- Same Scope as Expired Permit 83-05 waters of Duck Creek were collected by Quible in June 2015 and are projected on Water Depth Inset on the CAMA Major Plan. Also in June 2015, Quible met with Mr. Brad Connell from NC Division of Coastal Management (NCDCM) to review site conditions pertaining to CAMA rules and regulations and to discuss upcoming CAMA Permitting. The coastal wetlands line projected on the CAMA Major Plan was established and field reviewed in June. Additionally, the edge of the boat basin was reviewed for the presence of coastal fringe wetlands, and it was determined that there were no mappable coastal wetlands around the basin, but some sporadic patches of coastal grasses did exist. The water depths ranged from about -6 ft (NWL) around the edge of the basin to -10 to -13 ft (NWL) just off the edge, throughout the basin. No marina development work proposed herein requires maintenance dredging. Project Description The applicant proposes what was permitted under CAMA Major 83-05, including a full service marina with a paved access road and parking, boat launch travel lift area, a marina store with bathroom and showers, a 200 unit dry stack building, fueling service, stormwater collection and treatment system as already permitted (including a wet pond) and a 105 slip marina in the man- made basin with a mixture of floating and fixed docks and piers. The boat launch includes a 50 ft wide concrete pad for a travel lift. The pad extends 130 ft from the dry stack to the launch location and includes two (2) 4 ft wide x 55 ft long staging piers (floating). As shown on the plan, there are outer perimeter piers (fixed) along the outside of the basin and floating piers on the inside. Fixed Perimeter Pier #1 is 6 ft x 688 ft and Fixed Perimeter Pier #2 is 6 ft x 1,186 ft. These are pile supported piers over water as shown and the plan as proposed (and prior permitted) does not include bulkheading or hardened shoreline stabilization. The fixed perimeter piers are accessed by four (4) access walkways (Access Walkway #1: 6 ft x 150 ft, Access Walkway #2: 6 ft x 108 ft, Access Walkway #3: 6 ft x 104 ft, Access Walkway #4: 6 ft x 60 ft). Main Floating Dock #1 is 8 ft x 342 ft and Main Floating Dock #2 is 8 ft x 731 ft. Access to the main floating dock from the fixed perimeter dock is by three (3) 4 ft x 13 ft gangways. The wet slip marina areas (making up 105 slips) are referred to as Areas A through H, just as they were on CAMA Major 83-05. Area A consists of ten (10) slips (15 ft x 60 ft) with lifts and five (5) 4 ft x 60 ft fixed finger piers. Area B includes a 4 ft x 109 ft floating pier, ten (10) slips 15 ft x 40 ft and six (6) finger piers (4 @ 4 ft x 30 ft and 2 @ 4 ft x 40 ft). Area C includes includes a 4 ft x 109 ft floating pier, ten (10) slips @ 15 ft x 40 ft and six (6) finger piers (four (4) 4 ft x 30 ft and two (2) @ 4 ft x 40 ft). Area D consists of six (6) slips total, including four (4) 15 ft x 50 ft and two (2) @ 13 ft x 50 ft. This includes three (3) finger piers @ 4 ft x 50 ft. Area E includes a 4 ft x 113 ft floating pier and twelve (12) slips at 15 ft x 50 ft with four (4) finger piers at 4 ft x 50 ft and the outer two (2) finger piers are 8 ft x 50 ft. The outer finger piers make up a T-head and are designated as the fueling and sewage pump -out stations. Area F includes a floating 4 ft x 126 ft pier with sixteen (16) 15 ft x 40 ft slips and eight (8) finger piers (4 ft x 40 ft). Area G includes seven (7) slips @ 15 ft x 40 ft and three (3) floating finger piers @ 4 ft x 40 ft. Area H includes twenty six (26) slips @ 15 ft x 60 ft (each with a lift) and fourteen (14) fixed finger piers @ 4 ft x 60 ft. RECENED OCT 0 6 2015 2 DCM- MHD CITY a DCM MP-7 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Old Bear, L.L.C. Rivershore Marine RECEIVED Applicant 1: First Name MI Last Name John J. Snow, III OCT 26 2015 Applicant 2: First Name MI Last Name DCM- MHD CITY If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 661 Murphy NC ZIP Country Phone No. FAX No. 28906 USA - ext. Street Address (A different from above) city State ZIP Email johnjsnow@gmail.com 2. Agent/Contractor Information Business Name Ouible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city S late 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 491 - 8147 ext. ext. FAX No. Contractor # Street Address ff diferent from above) city State ZIP 8466 Caratoke Hwy., Bldg. 400 Powells Point NC 27966 - Email brubino@quible.com <Form continues on back> 252.808-2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven Galloway Street 1609 Subdivision Name City State Zip None New Bern INC 28562 - Phone No. Lot No.(s) fif many, attach additional page with list) • - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Man -Made Basin adjoining Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural ®Manmade []Unknown Duck Creek and 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.) 4,739 ft Total Tract: 3,437,434; Project Area: 715,601 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NW L (normal water level) (If many lot sizes, please attach additional page with a list) 7.5' ❑NHW or ®NW L e. Vegetation on tract Upland: Broomsedge, Bahia grass, Wax myrtle, Groundsel bush, Red cedar Wetland: Loblolly pine, wax myrtle, Black needle rush, marsh hay RECEIVED f. Man-made features and uses now on tract 0 C T 26 2015 Boat basin DCM- MHD CITY g. Identify and describe the existing land uses adiacent to the proposed project she. US 17/55 right-of-way (bridge approach), residential, undeveloped, marina h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? C-3 Commercial (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA If yes, by whom? Brockington- according to review of former CAMA Major submission I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 2 5 2 - 8 0 8 - 2 8 0 8 .. 1 - 8 8 8 :fi-d c:r .. www.. :--: ,istaimanagement.net Form DPM MP-1 (Page 3 of 4) APPLICATION for `9 Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No existing wastewater treatment. City of New Bern Sanitary Sewer System connection is avRSC E IVED OCT 26 2015 o. Describe existing drinking water supply source. No existing drinking water. Water supply is available by connection to First Craven Wate0r&4Jq' p. Describe existing storm water management or treatment systems. No existing storm water management system. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublicdGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose is to create a full service marina facility with attendant services and activities including floating docks, dry stack storage, fuel service, sewage pumpout services and harbor masters office/ ship store. 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. Bull Dozer, back hoe, piling driving equipment, roller, paving equipment, etc. All equipment to be stored on -site (on land or on barge in existing boat basin) d. List all development activities you propose. Boat slips, docks (floating and fixed), boat launch, boat dry stack, office, driveways and parking See narrative for detail e. Are the proposed activities maintenance of an existing project, new work, or both? New, will utilize existing basin. This permit request is for the same scope of work that was permitted under CAMA Major 83-05 (expired 12/31/2014). I. What is the approximate total disturbed land area resulting from the proposed project? 4.70 ❑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. Minor surface runoff; there is a high density High Density Sate Stormwater Permit i. Will wastewater or stonnwater be discharged into a wetland? []Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SNA j. Is there any mitigation proposed? ❑Yes ❑No SNA If yes, attach a mitigation proposal. 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) R E C E I V E APPLICATION for OCT 2 6 Ift5 Development Permit <Form continues on back> DCM- MHD CITY 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims titre 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 Jeanette E. Hunter and Jacqueline lane Phone No. (252) 745-7235 Address 130 Blueberry Ln., New Bern, NC 28560 Name NCDOT Phone No. (252) 830-3146 Address P.O. Box 1587, 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 Major 83-05, issued 8111/2015, expired 12/31/2014 High Density SWMP, SW7050508, issued 5/19/05, expires h. Signed consultant or agent authorization forth, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Cerifflcation and Permission to Enter on Land I 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 jT halt Print NameY>60w, Rytb-nD IAuth4fjZ�(/�9Pn1 Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net ki Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One dry stack storage building with associated parking, marina office, restrooms, fuel and sewage pumpout facility, boat haul -out pad c. Density (give the number of residential units and the units per acre). 0 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: Prior to land disturbance a SESCP will be aplied for and received. g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 5.47% impervious project area within 75' AEC (5,725 sq.ft.) i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 14% impervious project area total (100,214 sq.ft.) j. Describe proposed method of sewage disposal. City of New Bem Municipal System I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 4.70 ac. I. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. concrete and asphalt h. Projects that require a CAMA Major Development Permit may also require a Stornwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No ❑NA (if) If yes, list the date submitted: A high density permit (SW 7050508) for this marina is in place and valid until May 19, 2019. A change of ownership name transfer request has been submitted to NCDW R. k. Have the facilities described in Item (i) received state or local approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? RECEIVED ❑Ves ®No ❑NA If yes, attach appropriate documentation. OCT 3 0 2015 DCM- MHD CITY 252-808-28082 :: 1-888-4RCOAST :: www,nccoistalmanagement.net revised: 12 26106 Form DDM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ®Yes []No ❑NA community, public system, etc.) (if) If yes, how many acres? Stormwater wet pond: 0.28 ac First Craven Water Department o. When was the lot(s) platted and recorded? June 2005 Date r t;6" Marin Project Name J6V%rt Snow l Mat &c r LLC A IjicanI Name r, (Z ,6no r gCJen? Applicant Signature p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes ❑No NNA RECEIVED OCT 26 2015 DCM- MHD CITY 252-808-2808 :: 1.888.4RCOAST :: w .nccoastalmanagement.net revised: 12126106 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/marina: ®Commercial ❑Publio/Govemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 10 (iii) Length Pier B: 109' Pier C: 109'. Pier E: 113'. Pier F: 126' Main Floatina Dock #1: 342'. Main Floatina Dock #2: 731, Perimeter Fixed Dock # 1: 688'. Perimeter Fixed Dock #2: 1186'. Staging Piers: 55' (iv) Width Pier B: 4'. Pier C: 4' Pier E: 4' Pier F: 4'. Main Floatina Dock #1: 8'. Main Floatina Dock #2: 8'. Perimeter Fixed Dock # 1: 6'. Perimeter Fixed Dock #2: 6'. Staoina Piers: 4' (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes []No If yes: (ii) Number 3 (iii) Length 1 @ 15'. 2 @ 50' (iv) width 1 @ 151. 2 @ 8' (v) Floating ®Yes ❑No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed 105 (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel []Open water; no dredging required ®Other; please describe: Existing man-made basin El This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 49 (iii) Length 19 @ 60'. 7 @ 50'. 15 @ 40'. 8 @ 30' (iv) Width 4' (v) Floating ®Yes ®No I. (I) Are Boatlifts included? ®Yes []No If yes: (ii) Number 36 (iii) Length 40' maximum (iv) Width 15' maximum In. 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: 105 ® Dry storage; number of boats: 200 ❑ 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). sail boat pleasure cruisers. open runabout RECEIVED OCT 3 0 2015 DCM- MHD CITY 252-808-2808 :: 1-888-411 :: wvvw.nccoastaimanagement.net revised: 12127/06 Fo.rm, DCM MP-4 (Structures, Page 2 of 4) k. Typical boat length: Varies: 20'-60' I. (i) Will the facility be open to the general public? ®Yes ®No m. (i) Will the facility have tie pilings? RECEIVED []Yes ®No (if) If yes number of be pilings? 0 C T 2 6 2015 Note: Pilias on A Dock and H Dock are typical boatlift pilings only. DCM- MHD CITY 2. DOCKING FACILITYAWARINA OPERATIONS [I 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: 1 women's 1 men's; Location: Ship Store/ Office Building ® Showers ® Boatholding tank pumpout; Give type and location: N/A; No holding tank, pumpout will be into site City wastewater system b. Describe treatment type and disposal location for all sanitary wastewater. City of New Bern c. Describe the disposal of solid waste, fish offal and trash. On -Site Dumpster d. How will overboard discharge of sewage from boats be controlled? There will be a mobile pumpout station e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Two- One at the entrance to the marina on a piling at slip H-26, One at the pumport location at the end of the "E" Dock (ii) Give the location and number of "Pumpout Available" signs proposed. Two- One at the entrance to the marina on a piling at slip H-26, One at the pumport location at the end of the "E" Dock I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No boat repair or service provided g. Where will residue from vessel maintenance be disposed of? Containers will be provide for normal trash, but no maintenance bays on -site h. Give the number of channel markers and "No Wake" signs proposed. 2 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. End of Dock E. The fuel system will be fully permitted and registed with NCDENR and will include a leak detection system. Associated with NCDEO registration will be a Spill Prevention Control and Countermeasures Plan. j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard. Maximum stay is three consecutive days (72 hrs). 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27I06 Form DGM MP-4 (structures, Page 3 of 4) MIA k. Describe design measures that promote boat basin gushing? Marina is in an existing basin. No dredging is proposed, but If shelling does occur in thew future, the owner would apply for a maintenance dredge permit for safe navigation and to maintain proper flushing. I. If this project is an expansion of an existing marina, what types of services are currently provided? WA; This permit request is for the same scope of marina development permitted under CAMA major 83-05 (expired 12/31 /2014). RECEIVED in. Is the marna/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No OCT 26 2015 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No DrM— MNn CITY o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. It 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 watlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Govemment ❑Private/Community 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form, DCM MP-4 (Structures, Page 4 of 4) t C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 270' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Duck Creek: 250'. Neuse River: 1.3 miles 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. d. Description of buoy (color, inscription, size, anchor, etc.) T 26 2015 DCM- M.HD CITY b. Proximity of structure(s) to adjacent docking facilities. 1,200' (Duck Creek Marina) d. Water depth at waterward end of structure at NLW or NWL varies: 4to -12' relative to NW L 8. OTHER [I This section not applicable a. Give complete description: Boat Launch: 50' x 130' concrete for travel lift Walkways to Access Perimeter Piers: #1: 6' x 150', #2: 6' x 108', #3: 6' x 74', #4: 6' x 60' Gangways for Pier/Dock Access: 3 @ 4' x 13' Date RW<rj1A0r2 Mowr;no, Project Name .Tohn ';^aw 1 0101 &Gr I L L C Applicant a (� Pjoc,r, (2-k irlo \�.IM Q.,." yAt.%uc.,P •C Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: wmrw.nccoastalmanagement.net revised: 12/27106 Coastal Management ENVIRONMENTAL QUALITY January 13, 2016 Old Bear, LLC P.O. Box 661 Murphy, N.C. 28906 Dear Sir or Madam: PAT MCCRORY Gov mor 1111ONVAROM4"T AIAM"CItLr/:T.111:iI Secretary BRAXTON DAVIS Dimclor 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, d /{� Douglas V. Huggett —Major Permits Manager N.C. Division of Coastal Management Nothing Compares�.� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T Lu vi "oromaror: Permit /� ,, MAILING DISTRIBUTION SHEET PPrmita - r) I /I tom. P-4 V- DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCW Fisheries Specialist NC DOT: DMFI Shellfish Sanitation: State Property: Water Resources: Washington: Wihnington: DEMLR Washington: Wilmington: Wildlife Resources: �' 1 v 'iGcvt R.�,b,� Pb Druvwe� � (with revised work plan drawings)- 271 Raleigh Bland William Westool(NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley Liz Hare Renee Gledhill -Early Diane Williams (WIRO) Joey White (WARO)f Shane Staples Gregg Bodnar Ken Pace Patti Fowler Shannon Jenkins Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh401 Joanne Steenhuis — 401 Chad Coburn - 401 Scott Vinson-Stormwater Georgette Scott- Stormwater Maria Dunn Fax Distribution: Permitee Agent #:_ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Old Bear LLC LOCATION OF PROJECT SITE: The project is located adjacent to a man-made basin off of the Neuse River at the end of Galloway Street (SR 1609), near Bridgeton, Craven County. Longitude: 77° O'22.05"W Latitude: 35° 6'9.43"N INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 515115 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 11/4/15 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Craven County (10/29/2009) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: EW, PTA, ES, PTS (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — None Planned - City of New Bem (F) Type of Development: Existing — None Planned - 105-slip marina, 200-slip dry stack building with ship's store, haul out pad, 68-space parking lot, driveway, and storm water pond (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water 32,372 ft2 shaded I ii i 11 405,000 ft2 incorp (basin) (B) High Ground 13,125 ft2 110,875 ft2 JL (E) Total Area Disturbed: 529,000 ft2 (F) Primary Nursery Area: No (G) Water Classification: SC; Sw, NSW Open: No (H) Cultural Resources: None Proiect Summary: The applicant wishes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek, Craven County. Field Investigation Report: Old Bear, LLC Pace 2 Narrative Description: This proposal was previously authorized under CAMA Major Permit #83-05. It was issued on August 11, 2005 and it expired on December 31, 2014. Due to poor economic conditions, the permitted activity was never undertaken. The property has changed ownership and the current property owners are requesting to renew CAMA Major Permit #83-05. The property is located along a man-made basin adjacent to Duck Creek at the end of Galloway Street in Bridgeton, Craven County. This 78.9-acre parcel is mostly undeveloped with the exception of an existing upland basin that connects to Duck Creek. The adjacent property to the west is NC Hwy 17N and the adjacent property to the north is a commercial marina. The elevation of the high ground of the parcel is about 7.5' above the normal water level (nwl). Vegetation on the lot mainly consists of shrubs and grasses. There are no Coastal Wetlands in the vicinity of the project area. There are Coastal Wetlands on the property outside of the project area. This parcel has approximately 4,739' of continuous shoreline along Duck Creek and the Neuse River. Immediate offshore water depths adjacent to the upland basin range from —4' to —12' normal water level (NWL). The subaqueous substrate is firm without shell. There is not a cultural resource in the nearby vicinity of the project area. This upland basin is approximately 450' across. These Inland waters are not classified as a Primary Nursery Area and there is no submerged aquatic vegetation in the immediate vicinity of the project area. This area is closed .to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There is not a defined Federal Channel in the nearby vicinity of this project area. This project area is subject to the Neuse River Riparian Buffer Rules. Proposed Development: The applicant wishes to construct a 105-slip marina within an existing man-made basin, a 200-slip dry stack storage facility, a haul out pad, a parking lot, and a storm water pond adjacent to Duck Creek, near Bridgeton. The proposed development will take place at the end of Galloway Street, Craven County. The upland development would consist of a paved access road, paved parking areas for 68 vehicles, and a marina store with restrooms, showers, and laundry facilities. The upland development would also include one building with a 200-unit dry stack storage unit to accommodate boats from 15' to 30' in length. The boats would be launched and retrieved with a forklift, therefore, a paved forklift operation area is proposed with the approximate dimensions of 50' wide and 97' in length and would project 10' beyond the NWL into the basin. Two 4' x 55' floating docks will project out into the basin from the forklift operation area for staging purposes. Fuel storage tanks and wash racks are proposed between the dry stack units and the boat basin. Modi ed by Brad Connell November 16, 2015 Morehead City J _ 4 Field Investigation Report: Old Bear, LLC Page 3 Four access walkways 6' wide and totaling 380' in length will lead to two 6' wide fixed docks around 1790' of the boat basin perimeter. Dock "A" would consist of five 4' x 60' finger piers projecting from the fixed dock on the Northeast side of the basin and would create 10 boat slips with a boat lift in each slip. An 8' x 345' floating dock is proposed to lie parallel to the 6' wide fixed dock on the East side of the basin, with the floating and fixed docks connected via a 4' wide gangway. Attached to the floating dock on the East side of the basin would be "B" and "C" docks. `B" and "C" docks would each be composed of two 4' x 40 finger piers and four 4' x 30' finger piers that would create 14 boat slips at each dock. On the West side of the basin, an 8' x 705' floating dock with a 15' x 15' platform would be connected to the 6' wide fixed dock via two 4' wide gangways. "D" dock would be composed of three 4' x 50' finger piers that would create 6 boat slips. "E" dock would consist of two 8' x 50' finger piers and four 4' x 50' finger piers that would create 12 boat slips. The fueling and sewage pump out stations would be located at the end of "E" dock. "F" dock would consist of eight 4' x 40' finger piers and would create 16 boat slips. "G" dock would involve three 4' x 40' finger piers and would create 7 boat slips. "H" dock would be made up of fourteen 4' x 60' finger piers and would create 26 boat slips with a boat lift in each slip. The applicant also proposes to install a "NO WAKE" sign at the entrance to the marina basin. Anticipated Impacts: The proposed fixed and floating docks will create a total of 105 new boat slips and will incorporate 118,117 square feet of Estuarine Waters and Public Trust Area within the upland basin. The docks will also shade 32,372 square feet of those waters. Traditional marine construction methodology will be utilized during construction. Temporary increases in turbidity can be expected during the in water construction of the docks, channel markers, and the "NO WAKE" sign. The project will require the grading and filling of 114,550 square feet of high ground for the construction of the marina office, dry stack area, driveway, storm water pond, and parking areas. There is not a cultural resource in the nearby vicinity of the project area. This project area is subject to the Neuse River Riparian Buffer Rules. These waters of Duck Creek are not classified as a Primary Nursery Area and submerged aquatic vegetation is not present in the immediate vicinity of the project area. This area is closed to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There is not a defined Federal Channel near the project area. Modi ed by Brad Connell November 16, 2015 Morehead City August 3, 2015 RE: Old Bear, LLC Property Formerly referred to as "Rivershore" City of New Bern, North Carolina As owner of the above referenced property, I authorize Quible & Associates, P.C. (Quible) and US Army Corps of Engineers to access my property for the purpose of obtaining any necessary jurisdictional determinations. Additionally, Quible is authorized to represent Old Bear, LLC as agent for submission of State and federal Permits for the subject property, including CAMA Major Pennitting, AutWorized Sl(nature Name: � rW /� Date: �c3� /l RECEv OCT o 6 ACM- Afl%� - . DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Old Bear, LLC County: Craven LOCATION OF PROJECT: Adjacent to a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/4/15 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: NIX B) DATE RECEIVED BY MAJOR PERMITS UNIT: 11/30/15 PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Courtney Spears C) 75 DAY DEADLINE: I 1 1 g' 1 \P MAIL OUT DATE: 11/30/15 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400.00 (60/40%) END OF NOTICE DATE: 12/15/15 DEED RECD: Yes ON: 11/30/15 150 -DAY DEADLINE: 1. 114 V STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENC\ DATE COMMENTS RETURNED OBJECTIONS. YES NO NOTES Coastal Management- Regional Representative hf 7 / L L X L,�x li-Iwr wW V��] fiN Coastal Management- LUP Consistency Determination l Division of Commwity Assistance f /l DEMLR-land Quality Section Disision of Water Resouree,401 DEMLR-Storm Water Management Z boa State Property Office Division ofArchim k History DMF-Shellfish Sanitation — 1 DWK-Public water Supply Division of Highways Wildlife Resources Commission IZ x Local Permit Once DCM-Fisheries Resource Specialist Corps of Engineers ' / n J l� pt- 04 k6fi Vn 1 �3'��� x Coastal Management ENVIRONMENTAL QUALITY i U It C : \II 1UT DATE: November 30, 2015 TO: Courtney Spears THRU: Roy Brownlow v FROM: Brad Connell K PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director SUBJECT: Comments and Recommendations - CAMA Major Permit —Old Bear LLC, Craven County This proposal is a complete re -issue of Permit #83-05. This request is for the same development that was previously authorized. No significant development has occurred under the previous authorization. The scope, nature, purpose, and type ofproposed development activities remain unchanged. The following is my assessment and consequent recommendations of the above referenced proposal: This proposal will shade 32,372 square feet of Public Trust Waters. This proposal will fill 110,875 square feet of high ground and will excavate 13,125 square feet of high ground. These waters of Duck Creek 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: 1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 2) The marina facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, on each of the 6' wide fixed access piers. 3) 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. Nothing Compares State of North Carolina I Environmental Quality I Coastal Management Address 400 Commerce Avenue I Morehead City, NC 28516 252 808 2808 T Old Bear LLC November 30, 2015 Page 2 of 3 4) 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 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. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8) This permit authorizes a maximum of 105 boat slips. 9) During construction and/or operation of the authorized travel lift, care should be taken to ensure that no filling or excavation of the adjacent coastal wetlands area takes place. Such filling shall be considered a violation of this permit for which the permittee is responsible. 10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11) Any building constructed shall comply with the applicable provisions of the North Carolina Building Code and the local flood damage prevention ordinance as may be required by the National Flood Insurance Program. 12) This permit does not authorize the excavation or filling of any vegetated wetlands or open water areas, even temporarily. 13) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. -5>'Notlung Compares' State of North Carolina I Environmental Quality I Coastal Management Address Address 400 Cornmerm Avenue I Morehead City, NC 28516 2528082808 T IN Old Bear LLC November 30, 2015 Page 3 of 3 14) All development within 50 feet of the normal water level shall be consistent with Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. 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. CC: Roy Brownlow, DCM Nothing Compares' State of North Carolina I Environmental Quality I Coastal Management Address Address 400 Commerce Avenue I Morehead City, NC 28516 252 808 2808 T Environmental Quality November 30, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Rachel Love-Adrick Division of Coastal Management Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Old Bear, LLC Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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 0,G� DATE Z I�j 12� IS Nothing Compares. State of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal Opportunity 1 Affirmative Action Employer PAT MCCRORY Cnccmor N DONALD R. VAN DER VAART Sccwom Coastal Management ENVIR04VENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management BRAXTON DAVIS Dwclnr SUBJECT: Major Permit Request by Old Bear, LLC for the property on Galloway St (SR 1609), New Bern, Craven County, North Carolina. The request is for the building of a 105-slip marina, 200-slip dry stack building with ship's store, haul out pad, 68-space parking lot, driveway, and stormwater pond. Date: December 9, 2015 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. Overview: The subject parcel is a 78.939 acre lot with approximately 4,739 feet of continuous shoreline along Duck Creek and the Neuse River. The parcel is mainly undeveloped with the exception of an existing upland basin that connect to Duck Creek. The vegetation mainly consists of shrubs and grasses. There are no Section 404 Jurisdictional Wetlands or Coastal Wetlands in the project area. However, there are Section 404 Jurisdictional Wetlands and Coastal Wetlands located on the property. No filling of Section 404 wetlands or coastal wetlands are proposed. The property is located within the AE Flood Zone. The waters of Duck Creek are classified as SC; Sw, Nutrient Sensitive Waters. This area of Duck Creek is not designated as a Primary Nursery Area and is closed to the taking of shellfish. There is no Submerged Aquatic Vegetation (SAV) habitat in the immediate vicinity of the project area. There are no cultural resources in the nearby vicinity of the project area. Anticipated impacts resulting from this project are expected to include: the incorporation of 118,117 ft2 of Estuarine Waters and Public Trust Area within the upland basin. The docks will shade 32,372 ft2 of these waters. The grading and filling of 124,000 ft2 of high ground for the construction of the marina office, dry stack area, driveway, stormwater pond, and parking areas. -"/ Nothing Compares - Seale of North Carolina I Environmemal QuaBty I Coastal Managemem 400 Commerce Avenue I Morehead City, NC 28557 252808-28081252-247-3330 (fax) Ktrth'Cafolina Department of Environmental Quality MEMORANDUM 10 Division of Coastal Management Page 2 of 5 Basis for Determination: The parcel is located within in the AE Flood Zone, a Special Flood Hazard Areas (see attached NFIP map). The New Bern, River Bend, Trent Woods Regional Land Use Plan requires that developments in Special Flood Hazard Areas follow the policies outlined in the Natural Hazards Policies section (see page 4-5 of this memo). The New Bern, River Bend, Trent Woods Future Land Use Map (FLUM) designates the site as "Urban Transition" and "Conservation". The project appears consistent with the Future Land Use designations. Urban Transition "provides for future intensive urban development on lands on the periphery of existing developed areas that will support intensive urban development". "Incompatible land uses within this land class are industrial and agricultural land uses" (page 100). Conservation areas "include identified AECs (coastal wetlands, estuarine waters, public trust areas, and estuarine shorelines) and fresh water 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 ''Nothing Compares � , . State of North Carolina I Environmental Quality I Coastal Maaagemem 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) MrtK Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 5 be encouraged to apply for grants that may be available to help pay for pump -out facilities or other environmental improvements". Land Use Compatibility: Policy LUC 3, page 72. "Attractive, environmentally beneficial landscaping shall be provided by new commercial or office developments and in the rehabilitation and upgrading of existing developments. Appropriate buffering or other effective design features may be employed to allow less intensive forms of commercial and office development to adjoin existing or planned residential uses". 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 Develooment: 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 74-75. [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 - %"Nothing Compares� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue 1 Morehead City, NC 28557 252-808-2808 1252-247-3330 (fn) NM Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 5 shall be permitted in accordance with CAMA regulations. Floating homes and floating structures will not be permitted within the city's planning jurisdiction". 'The city encourages marina siting and design which promotes proper flushing action. Such design features include locating marinas near inlets, maximizing the opening of entrance channels, and minimizing stagnant corners by using rounded corners, level bottoms sloping towards the entrance, and avoiding bends. Upland excavation for marina basins shall be consistent with CAMA minimum use standards"... ... "Drystack boat storage facilities, in conjunction with a marina development, may be permitted in accordance with the New Bern Land Use Ordinance. Water access to such facilities shall meet state and federal permitting requirements for acceptable impacts on active shell fishing areas". Land Development Policies: Action Item LI 1 b, page 77. [Applies only to New Bern and River Bend]: "Residential, commercial, public, and institutional land development in the estuarine shoreline will be allowed only if the applicable permitting agency has determined that such development meets state and federal permitting requirements for acceptable impacts on estuarine resources and water quality. The proposal shall also meet local land use regulations". 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'. Policy NH2, page 85. "Development and redevelopment within special flood hazard areas shall meet the standards of the National Flood Insurance Program". Action Item NH2a, page 85. 'The lowest floor elevation should be at least two feet higher than the A and AE zones (for new development)". ✓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) Nertli Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 5 Policy NH3, page 85. "In addition to improved protection from flood hazards for life and property, any proposed redevelopment or expansion of a site within the special flood hazard areas should demonstrate that post -development conditions will improve the capacity of the area to provide storage or conveyance of flood waters". Water Quality Policy WQ 4, 85. "Stormwater runoff from development should be of the quality and quantity of the pre - development volumes. Low impact development and other non-structural methods of controlling stormwater runoff will be encouraged". -5: ''Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commence Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) FLOOD HAZARD INFORMATION NOTES TO USERS FMNYN r ur'rxir�'..w MP//FPIS NO GOV/FPIS r _ur..•�• rx��� o.rs u.rr.sor.w ®00 —IxilYYJ1W YYYI� _ OI_o�ih�m Nel.ul.zx� CrZ'•.w .��..r�.1���r�rr•'xr' �.. MNwI Lr�..r� ill VwNO�N.NYV .............. Yix.Ylxn ..=.°=r+•••—••r =nisi —'iYSY.�rw.lrlw --r.rrr qq www�w. - IY.10! _-yWx "e r IY•IOOY LQO%J u.w. MNEL LOCATOR rwiw� x�xrx. NORTH CAROLINA W x 5<99 w� r Q l t_ 0 Z • onv'om. Environmental Quality November 30, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Go`rmoe DONALD R. VAN DER VAART 3eaerary Lee Padrick Division of Community Assistance Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Old Bear, LLC Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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 �. DATE /2 /6 /S^ RECEIVED ->^NothtngCompares� DEC 21 2015 State of North Carolina I Environmental Quality 400 Co 252 808-2808 I 52 247-3 3merce Avenue/Morehead 10 [fax] 28557 D C M - M H D CITY An Equal Opportunity 1 Affirmative Action Employer GS WaterResources ENVIRONMENTAL OUALITY PAT MCCRORY Go'emor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN January 4, 2016 Direelor D W R # 05-0149 V2 Craven County Old Bear, LLC Attn: Mr. John J. Snow, III PO Box 661 Murphy, NC28906 Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Neuse Riparian Buffer Impacts with Additional Conditions Rivershore Marina - Marina and Infrastructure Dear Mr. Snow: You have our approval for the impacts listed below for the purpose described in your application dated November 30, 2015 and received by the Division of Water Resources (Division) on December 7, 2015. These impacts are covered by the attached Water Quality General Certification Number 3900, Neuse River Riparian Buffer Rules, and the conditions listed below. This certificationis associated with the use of CAMA Major Permit and General Permit(s)198000291 issued by the US Army Corps of Engineers (USACE).. This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project,. including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. (15A NCAC 02B .0506(b)(c)) Type of Impact Amount Approved (units) Permanent Amount Reduced (units) Temporary Plan location/ Reference Attached Open. Water OW-1 (Area A) 0.23 (acres) 0 (acres)' CAMA Plan - Rivershore Marina OW-2 (Area B) 0.17 (acres) olacres) OW-3 (Area C) 0.17 (acres) 0 (acres) OW-4 (Area D) 0.11 (acres) 0 (acres) OW-5 (Area E) 0.25 (acres) 0 (acres) OW-6 (Area F) 0.26 (acres) 0 (acres) State of NoRh Carolina I Environmental Quality) Water Resources —Water Quality Regional Operation —Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 Cf OLD BEAR, LLC ATTN: MR. JOHN J. SNOW, III DWR# 05-0149 V2 401 AND BUFFER APPROVAL Page 2 of 6 OW-7 (Area G) 0.11 (acres) 0 (acres) OW-8 (Area H) 0.63 (acres) 0 (acres) OW-9 (Access Walkways) 0.01 (acres) 0 (acres) LAMA Plan - OW-10 (Perimeter Piers and Access) 0.46 (acres) 0 (acres) Rivershore Marina OW-11(Floating Staging Pier) 0.04 (acres) 0 (acres) OW-12 (Concrete Launch Pad) 0.06 (acres) 0 (acres) Total Open Water Impacts 2.60 (acres) 0 (acres) Buffers -Zone1 B-1(Walkway #1) 180 (square feet) 0. (square feet) B-2 (Walkway #2) 180 (square feet) 0 (square feet) B-3 (Concrete Launch Pad) 1,500 (square feet) 0 (square feet) CAMA.Plan - Buffers -Zone 2 Rivershore B-1(Walkway #1) 120 (square feet) 0 (square feet) I Marina B-2 (Walkway #2) 120 (square feet) 0 (square feet B-3 (Concrete Launch Pad) 1,000 (square feet) 1 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 hew 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 Certification(s) 3900., [15A NCAC 02B .0507(c)] Continuing Compliance 4. Pump-outs/Sewage Disposal No sewage shall be allowed to be discharged at any time from boats using the marina. Appropriate signage should be 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 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(01 0 OLD BEAR, LLC ATTN: MR. JOHN J. SNOW, III DWR# 05-0149 V2 401 AND BUFFER APPROVAL Page 3 of 6 6. All mechanized equipment operated near surface waters orwetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of water quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and iSS 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 in the -area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existingturbidity level shall not be increased. [15A NCAC 02B .0220] 8. ,Spk The permittee shall reportto the local DWR Regional Office, within 24 hours, all significant spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR 117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report spills including: any oil spills of 25 gallons or more and any spill regardless of amount that causes sheen on surface waters. 9. Number of Slips/Dock Space Use of dock space other than the approved 105 slips is prohibited. Handrails or other devices, including signage, should be used to discourage use of any dock pace other than the 105 designated dockage slips as shown in the approved plan. [15A NCAC 07H .1205] Other Conditions, 10. Re Opener Clause Old Bear, LLC and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Old Bear, LLC shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that OLD BEAR, LLC ATTN: MR. JOHN J. SNOW, III DWR# 05-0149 V2 401 AND BUFFER APPROVAL Page 4 of 6 further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Old Bear, LLC,and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for 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 in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 11. Any marina project that proposes a pumpout with a storage tank are classified as a Non - Pumpers and will need to obtain a "Non -Pumper' permit from the Division of Waste Management, Solid Waste Section and provide a copy to this Office prior to the construction of the facility. [G.S. 130A-291.1(el)] 12. Fueling at Marina Projects Any marina project that proposes to dispense or store fuel shall provide an EPA approved Spill Prevention Control.and Countermeasure (SPCC) plan to this Office before the fueling facilities are constructed. [15A NCAC 02H .0506(b)(3)] 13. State Stormwater Management Plan (SMP) and General Permit No NCG190000 Approved by Division Stormwater Program Required You are required to provide one copy of the state stormwater management plan (SMP) and National Pollutant Discharge Elimination System General Permit No. 190000 (N03190000) approval letters from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. The project must be constructed and maintained in compliance with the approved 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 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)] 14. Diffuse Flow 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 may be 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 discharge points, plan details, and calculations,to indicate that diffuse flow through the OLD BEAR, LLC ATTN: MR. JOHN J. SNOW, III DWR# 05-0149 V2 401 AND BUFFER APPROVAL Page 5 of 6 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)] 15. 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 or woody 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 at maturity. 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)] 16. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [35A NCAC 02H .0507 (c)] 17. 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.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 18. 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 150B 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 httl)://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am 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 filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 OLD BEAR, LLC ATTN: MR. JOHN J. SNOW, III DWR# 05-0149 V2 401 AND BUFFER APPROVAL Page 6 of 6 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 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 scarbraugh@ncdennRov if you have any questions or concerns. Sincerely, ?11 J RobertTankard, AssisVtRegional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 3900 Certification of Completion cc: Courtney Spears, DCM Morehead City Raleigh Bland, USACE Washington Regulatory. Field Office (via email) Richard Peed, DEMLR W,aRO (via email) Laserfiche File OLD BEAR, LLC EXISTING M91 AC TRACT roam. �,iA—,� P-r- � l! ' j (MANIA PLAN- RTVEPMORE MARINAI Qibl, KID. Environmental Quality November 30, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Scott Vinson Division of Energy, Mineral, & Land Resources Courtney Spears Major Permits Processing Coordinator PAT MCCRORY Govrrnor DONALD R. VAN DER VAART 5ermwry RECEIVEDINCDENROWR DEC 0 4 2015 V:aia, duality Regional operations Section Washington Regional ONlce CAMA/DREDGE & FILL Permit Application Review Old Bear, LLC Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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: v 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 12 - 9 - t S sT�vznw4 clL 'Pffv-_mrc SW 7o50SZ)a Issu�_:A oN I0-3-13 ewnersl elwvta�e� T1tE OWtaEt2SHlP C#tA, -F--(Z `i41s QRo}xSl1I�tL-ET> f -7 `-' 'iothirig Cotr"res._,% n_ State of North Carolina I Environmental Duality Td D LCZ �t`y'T Rol V�.D 400 Commerce Avenue/Morehead City. N.C.28567 A S or- 12--'�r l5 262-808.2808 1 262-247.3330 [fax] An Equal Opportunity %Afkmall" Action Errp"r K 4 Environmental Quality November 30, 2015 MEMORANDUM: TO: Tim Walton State Property Office PAT MCCRORY Governor DONALD R. VAN DER VAART Seaerary RECEIVED DEC 07 2015 DOA STATE PROPERTY OFFICE FROM: Courtney Spears Major Permits Processing Coordinator RECEIVED DEC 21 2015 SUBJECT: CAMA/DREDGE & FILL Permit Application Review D C M _ M H D C ITY Applicant: Old Bear, LLC Project Location: Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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 /•y/•%� ""Nothing Compares. Stale of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal Opportunity 1 Affirmative Action Employer Environmental. Quality November 30;;2015 MEMORANDUM: TO: Renee Gledhill -Early NC'Department of Cultural Resource' PAT MCCRORY ' dUIPCI.NALD R. VAN DER'VAART Yea�etar7 >o t1 I FROM: Courtney Spears Major Pernihs-Processing Coordinator �� I'yllt3ll`1 SUBJECT: CA1VtA/DREDGE'&: FILL Permit Application Review Applicant: Old Bear, LLC Project Location: Craven County; adjacent a man-made basil[ off of the Neuse Rivcr,.at the end of Galloway Street (SIZ 1609), near Bridgeton. Proposed Projects Proposes -to construct a marina within.an existing, uplan11 basin, a'dry stack storage facility, a haul out pad, a driveway,, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by -December 20, 2015. If you have any questions regarding.the proposed project; please contact Brad Connell, ;permit officer at (252)808=2808: L"zt. 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 off the proposed project. This agency approves of ilte project only if the r_econimended changes are incorporated. See attached. This agency objects to the project for reasons described in the 'attached comments, SIGNED DATE '':•"mil otlting Compares State. of Ncinh Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C:_28557 252-808-2808.1252-247-3330 Ifax) An Equal Oppofiimlly'l Aifinna6e Action Employer [bid DEC 0,'0 815 N. Irv. Environmental Quality November 30, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Patti Fowler Shellfish Sanitation Courtney Spears Major Permits Processing Coordinator PAT MCCRORY Gaverrar D6NQ D� - rr AART U//l/11/1 � �r ee °EC - J 205 D Shellfish Sanitati water pua tY S ctio�ational RECEIVED DEC 0 9 W5 DCM- MHD CITY CAMA/DREDGE & FILL Permit Application Review Old Bear, LLC Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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. V/ 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. A n rmu SIGNED L14&-- PA'rff, rMI)L611r— DATE /2/7 //s "/'Nothing Compares. State of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal opportunity 1 Affirmative Action Employer Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director November 30, 2015 MEMORANDUM: To: Courtney Spears Major Permits Processing Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSS/ WaR0 Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: Old Bear, LLC Project Location: Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. This office objects to the project for reasons described in the attached comments. SIGNED D•12-8-2015 RECEIVED DEC 10 2015 DCM- MHD CITY State of North Carolina I Environmental Quality I Water Resources Public Water Supply Section I Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 2529466481 1 Fax 2529480040 1 w .nowater.org/pws/ RECEIVED DEC 10 2015 DCM- MHD CITY N!---C-. Environmental Quality 15,12 09. r> I November 30, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY covemor DONALD R. VAN DER VAART Secretary J n'LC 2015 Maria Dunn NC Wildlife Resources Commission Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Old Bear, LLC Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. C� Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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. RECEIVED DEC 21 2015 This agency has no comment on the proposed project. �(pcV; M H D CI" This agency approves of the project only if the recommen c anges are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED AA J , 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 An Equal Opportunity 1 Affirrnadve Acdon Employer— Made in part by recycled paper Environmental Quality November 30, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: RECEIVED DEC 0 7 206 DCM-Fisheries WARD Shane Staples Division of Coastal Management Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Old Bear, LLC PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position of viewpoint on the proposed project and return this form by December 20, 2015. 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 SIGNED ZZ �0 DATE /a?s Nothtng Compares--v .: State of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 ] 252.247-3330 [fax] An Equal Opportunity t AfOrmatve Action Employer C5 Spears, Courtney From: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Sent: Monday, January 11, 2016 9:44 AM To: Spears, Courtney Subject: RE: CAMA Projects (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Yes. lust use our same authorization since there are no changes. Thanks! -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Tuesday, January 05, 2016 8:39 AM To: Bland, Raleigh W SAW Subject: [EXTERNAL] CAMA Projects Hi Raleigh, Cof "UK It) Z0oS Intel Hope you had a nice New Year holiday! I have been working on a few permits and wanted to see if you've had the chance to review the permit in Craven County for Old Bear LLC (formerly Rivershore Marina). Since this same project was previously permitted, I wasn't sure if you would just use the same authorization from the old permit? Thanks for your help! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 9 'Environmental .. QUQI(ty .t. November 30 2015 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Anthony'Scarbraugh Division of Water Resources Courtney Spears Major PermitsTrocessing Coordinator PAT MCCRORY Governor DONALD R. VAN DER VAART secrrlary RECEIVED/NCDENR/DWR DEC 0 4 2015 y'":", uuaury Roglonai oris section Wasrington� Regional Office CAMA/DREDGE & PILL Permit Application Review Old Bear, LLC Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near.Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a'parking lot, and a pond. for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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 IY330. - 7� NothIng Coiiipaf',es_� State of North.Carolina f Environmental Quality 400 Commerce AMenue/Morehead City. N.C. 28557 252-808-2808 1252-2473330 (fax] An Equal Opportunity1'Affirmative Actlon Employer 6C 1' PAT MCCRORY 0ovemor DONALD R. VAN DER VAART Environmental Semna+y Quality RECEIVED November 30, 2015 DEC 10 2015 MEMORANDUM: Ken Pace NEW 13ERN TO: NC DOT, State Construction/Materials Branch DISTRICT OFFICE FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Old Bear, LLC Project Location: Craven County, adjacent a man-made basin off of the Neuse River, at the end of Galloway Street (SR 1609), near Bridgeton. Proposed Project: Proposes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2015. 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: �Thi agency has no objection to the project as proposed. RECEIVED ✓ T'his agency has no comment on the proposed project. JAN 13 2016 This agency approves of the project only if the recommenWMn FQ .,ITY incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE o king Compare State of North Carolina I Environ ntal Q ality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal Opportunity 1 Affirmative Action Employer RECEIVED JAN 13 2016 DCM- MHD CITY Energy, Mlneral andLondResources. ENVIRONMENTAL QUALITY U. PAT MCCRORY Gavemar DONALD R. VAN DER. VAART • .. Se-rary TRACY DAVIS Dire r January14, 2016 Old Bear, LLC Mr. John J. Snow III PO Box 661 Murphy, NC 28906 Subject: Stormwater Permit No. SW7050608 — Ownership Transfer Rivershore Marina High Density Project Craven County Dear Mr. Snow: The Washington Regional Office received a complete Stormwater Management Permit Application for the ownership transfer of Rivershore Marina on December 10, 2015 from Wells Fargo Bank NA to Old Bear, LLC. Staff review of the plans and specifications has determined that the project; as propposed, will comply with the Stormwater Regulations . set forth in Title 15A N�AC 2H.1000. We are forwarding the ownership change of Permit No. SW7050508 dated January 14, 2016, for the construction of the subject project. This permit shall be effective from the date of issuance until May 19, 2019, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, ou have the right to request an adjudicatory hearing upon written request within thirty 60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center,. Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, -,7- Samir Dumpor, PE Environmental Engineer cc: Michael Strader, PE, Quible & Associates, P.C. Ryan P. Connelly, Assistant VP, Wells Fargo Bank, NA Craven County Planning/Building Inspections Doug Huggett, DCM —Morehead Washington Regional Office SW File State of North Caroline I Environmental QuelitylEneW KmeralandLmdResourtxs 943 Washington Squaw Mal I Washington, NC 27889 252-9466481 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES . STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Old Bear, LLC Rivershore Marina Craven County FOR -THE construction, operation and maintenance of a wet detention basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the '"stormwaterrules'). and.the approved stormwater management plans and specifications and other supporting data as attached andon file with and approved by the Division of Energy, Mineral, and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 19, 2019, and shall be subject to the following specified conditions and limitations: L DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been, approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to, handle the runoff from 175,111 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for the future development is limited to 72,614 square feet. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 I 6. The following design criteria have been provided in the wet -detention pond and must be maintained at design condition: a. Drainage Area, acres: b. Total Impervious Surfaces ft2: On -site Buildings, ft�: On -site Streets, ft2: On -site Parking, ft2: On -site Future, ft2: C. Design Storm, inches: d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSL: g... _ _ Permanent Pool Surface Area, ft2: _ h. Pernitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL: Controlling Orifice: Permitted Forebay Volume, ft3: I. Receiving Stream/River Basin: M. Stream Index Number: n. - Classification of Water Body: 7.979 176,114 48,612 39,736 14,152 72,614 1.0 4.0 85% 3.0 12,257 14,589 4.1 1.5" O pipe 4,745 Duck Creek / Neuse 27-103 "SC; Sw, NSW" II: SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. .2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal.. c. Mowino and revegetation of slopes and the vegetated filter. . d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must beavailable at all times. 4. Records .of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than Z below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is 1/8 horsepower. Page 3 of 7 9 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications. must be noted on the Certification. A modification may be required for those deviations. B. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The. permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the .drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all proper owned by the permittee, for which Sedimentation and Erosion Control Ian approval or a CAMA Major permit was sousht. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of. the. approved plans and specifications shall be maintained on file by the cog for a minimum of ten years from the date of the completion of construction. 18. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 14. This permit shall be effective from the date of issuance until May 19, 2019, Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4 of 7 III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership,. or a name change, the permittee must submit a formal permit transfer request to the Division of Energy, Mineral; and Land Resources, accompanied by a completed name/ownership change form, documentation from the parties involved, and. other supporting materials as may. be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request.. 2. Failure to abide by the conditions and limitations contained -in this permit may _sub'ect the Permittee to enforcement action by the Division of Energy, Mineral, ancl Land Resources, ui-aocordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 3. The.issuance of this permit does not preclude. the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6.. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts -of the permit. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 14'h day of January, 2016. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ' for Tracy E. Davis, , Director Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit No. SW7050508 Page 5 of 7 II' Rivershore Marina Stormwater Permit No. SW7050508 Craven County Designer's Certification 1, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/ full time) the construction of the project, . (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 6 of 7 6� Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7.. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per.the approved plans and do not cause short- circuiting -of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts.of the system are provided, such as a vegetated shelf, and a forebay. .15. The required system dimensions are provided per the approved plans. cc: NCDEQ-DEMLR Regional Office Craven County Planning / Building Inspections Page 7 of 7 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Old Bear LLC LOCATION OF PROJECT SITE: The project is located adjacent to a man-made basin off of the Neuse River at the end of Galloway Street (SR 1609), near Bridgeton, Craven County. Longitude: 77° 0'22.05"W Latitude: 350 6'9.43"N INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit— 515115 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 11/4/15 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Craven County (10/29/2009) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: EW, PTA, ES, PTS (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — None Planned - City of New Bern (F) Type of Development: Existing — None Planned - 105-slip marina, 200-slip dry stack building with ship's store, haul out pad, 68-space parking lot, driveway, and storm water pond (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED I(A) Open Water 32,372 ft2 shaded L 11 405,000 ft2 incorp (basin) (B) High Ground 13,125 ftz 110,875 ft2 (E) Total Area Disturbed: 529,000 ft2 M Primary Nursery Area: No RECEIVED (G) Water Classification: SC; Sw, NSW Open: No (II) Cultural Resources: None JAN 1 3 [315 DCM- MHD CITY Project Summary: The applicant wishes to construct a marina within an existing upland basin, a dry stack storage facility, a haul out pad, a driveway, a parking lot, and a pond for commercial use adjacent to Duck Creek, Craven County. Field Investigation Report: Old Bear, LLC Page 2 Narrative Description: This proposal was previously authorized under CAMA Major Permit #83-05. It was issued on August 11, 2005 and it expired on December 31, 2014. Due to poor economic conditions, the permitted activity was never undertaken. The property has changed ownership and the current property owners are requesting to renew CAMA Major Permit #83-05. The property is located along a man-made basin adjacent to Duck Creek at the end of Galloway Street in Bridgeton, Craven County. This 78.9-acre parcel is mostly undeveloped with the exception of an existing upland basin that connects to Duck Creek. The adjacent property to the west is NC Hwy 17N and the adjacent property to the north is a commercial marina. The elevation of the high ground of the parcel is about 7.5' above the normal water level (nwl). Vegetation on the lot mainly consists of shrubs and grasses. There are no Coastal Wetlands in the vicinity of the project area. There are Coastal Wetlands on the property outside of the project area. This parcel has approximately 4,739' of continuous shoreline along Duck Creek and the Neuse River. Immediate offshore water depths adjacent to the upland basin range from -4' to -12' normal water level (NWL). The subaqueous substrate is firm without shell. There is not a cultural resource in the nearby vicinity of the project area. This upland basin is approximately 450' across. These Inland waters are not classified as a Primary Nursery Area and there is no submerged aquatic vegetation in the immediate vicinity of the project area. This area is closed to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There is not a defined Federal Channel in the nearby vicinity of this project area. This project area is subject to the Neuse River Riparian Buffer Rules. Proposed Development: The applicant wishes to construct a 105-slip marina within an existing man-made basin, a 200-slip dry stack storage facility, a haul out pad, a parking lot, and a storm water pond adjacent to Duck Creek, near Bridgeton. The proposed development will take place at the end of Galloway Street, Craven County. The upland development would consist of a paved access road, paved parking areas for 68 R E C E I V E D vehicles, and a marina store with restrooms, showers, and laundry facilities. The upland development would also include one building with a 200-unit dry stack storage unit to JAN 13 2016 accommodate boats from 15' to 30' in length. The boats would be launched and retrieved with a forklift, therefore, a paved forklift opept26A" M H D C ITY area is proposed with the approximate dimensions of 50' wide and 97' in length and would project 10' beyond the NWL into the basin. Two 4' x 55' floating docks will project out into the basin from the forklift operation area for staging purposes. Fuel storage tanks and wash racks are proposed between the dry stack units and the boat basin. Modi ed by Brad Connell November 16, 2015 Morehead City Field Investigation Report: Old Bear, LLC Page 3 Four access walkways 6' wide and totaling 380' in length will lead to two 6' wide fixed docks around 1790' of the boat basin perimeter. Dock "A" would consist of five 4' x 60' finger piers projecting from the fixed dock on the Northeast side of the basin and would create 10 boat slips with a boat lift in each slip. An 8' x 345' floating dock is proposed to lie parallel to the 6' wide fixed dock on the East side of the basin, with the floating and fixed docks connected via a 4' wide gangway. Attached to the floating dock on the East side of the basin would be `B" and "C" docks. "B" and "C" docks would each be composed of two 4' x 40 finger piers and four 4' x 30' finger piers that would create 14 boat slips at each dock. On the West side of the basin, an 8' x 705' floating dock with a 15' x 15' platform would be connected to the 6' wide fixed dock via two 4' wide gangways. "D" dock would be composed of three 4' x 50' finger piers that would create 6 boat slips. "E" dock would consist of two 8' x 50' finger piers and four 4' x 50' finger piers that would create 12 boat slips. The fueling and sewage pump out stations would be located at the end of "E" dock. "F" dock would consist of eight 4' x 40' finger piers and would create 16 boat slips. "G" dock would involve three 4' x 40' finger piers and would create 7 boat slips. " H" dock would be made up of fourteen 4' x 60' finger piers and would create 26 boat slips with a boat lift in each slip. The applicant also proposes to install a "NO WAKE" sign at the entrance to the marina basin. Anticipated Impacts: The proposed fixed and floating docks will create a total of 105 new boat slips and will incorporate 118,117 square feet of Estuarine Waters and Public Trust Area within the upland basin. The docks will also shade 32,372 square feet of those waters. Traditional marine construction methodology will be utilized during construction. Temporary increases in turbidity can be expected during the in water construction of the docks, channel markers, and the "NO WAKE" sign. The project will require the grading and filling of 114,550 square feet of high ground for the construction of the marina office, dry stack area, driveway, storm water pond, and parking areas. There is not a cultural resource in the nearby vicinity of the project area. This project area is subject to the Neuse River Riparian Buffer Rules. These waters of Duck Creek are not classified as a Primary Nursery Area and submerged aquatic vegetation is not present in the immediate vicinity of the project area. This area is closed to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There is not a defined Federal Channel near the project area. RECEIVFn JAN 13 2013 DCM- MHD C.Ti Modi aed by Brad Connell November 16, 2015 Morehead City Rivershore Marina CAMA Major Permitting Narrative Old Bear, LLC October 2015- Same Scope as Expired Permit83-05 Background The subject property and proposed marina received a CAMA Major (83-05) in the name of the owner at the time (Rivershore, LLC) on June 1, 2005. This permit was renewed on February 3, 2009 which was set to expire on December 31, 2010. The permit was then automatically extended based on two State Permit Extension Acts, On September 17, 2013, the permit was transferred to Wells Fargo who became the default owner of the property, with an expiration date of December 31, 2015. For some period of time between ownership by Rivershore, LLC and Wells Fargo, there was at least one other property owner (Big Cypress Land and Development Company, LLC). In 2015, a new owner, Old Bear, LLC, purchased the property from Wells Fargo and hired Quible & Associates, P.C. to re -obtain permit entitlements. The permit proposed herein is the exact same scope as permit 83-05. The High Density State Stormwater Permit for the marina project (SW7050508) is still valid (expires on May 19, 2019) and Quible has applied for a permit name transfer from Wells Fargo to Old Bear, LLC which is anticipated to take place in the near future. It is understood that a State Erosion and. Sedimentation Control Plan (SESCP) shall be required for the project. Permit 83-05• and the associated transfer and renewal included a Note that SESCP will be required with a Plan to be filed "at least thirty (30) days prior to the beginning of any land disturbing activity". With submission of this application package, we propose the same or similar condition. The Section 404 delineation was originally delineated and approved by US Army Corps (USACE) of Engineers in 2001. This same line was re -approved by USACE in 2005 around the same time of CAMA Major 83-05 issuance. In August 2015, this line was reviewed once again and an updated jurisdictional determination (JD) request was submitted to USACE in September 2015 (copy the delineation plan is enclosed). Setting The total subject property is 78.9 acres tract adjacent to the northern shore of Duck Creek, the US 17/55 bridge and the Neuse River and is part of the City of New Bern. The property is on the east side of the Neuse River, across from New Bern proper, and is adjacent to the Town of Bridgeton. The site is accessed from Bridgeton by turning right from Highway 55 to SR 1609 (Galloway Street) and following the road to its southern terminus. The property is the vacant land between Galloway Street and Duck Creek. This area contains undeveloped property, residentially developed property and there is a nearby marina (Duck Creek Marina) further upstream on Duck Creek. The City of New Bern has zoned this property C-3 Commercial which includes marina development as a use by right. Wastewater collection for the site is available from the City of New Bern's municipal system and potable water is available from First Craven Water Department. The project area includes is 16.4 acres and includes 7.93 acres of uplands, 0.39 acres of wetlands and 8.10 acres of submerged land which constitutes a man-made boat basin. This the area that was included as the project area for CAMA Major 83-05 and also for the High Density Stormwater Management Permit. The NC Division of Water Resources (NCDW0, classifies Duck Creek as SC Waters and are closed to the harvesting of shellfish. Soundi JjEAVeq boat basi i D JAN 13 2016 OCT 0 6 2015 DCM- MHD C8I'+ DCM- MHD CITY �. Rivershore Marina CAMA Major Permitting Narrative Old Bear, LLC October 2015- Same Scope as Expired Permit 83-05 waters of Duck Creek were collected by Quible in June 2015 and are projected on Water Depth Inset on the CAMA Major Plan. Also in June 2015, Quible met with Mr. Brad Connell from NC Division of Coastal Management (NCDCM) to review site conditions pertaining to CAMA rules and regulations and to discuss upcoming CAMA Permitting. The coastal wetlands line projected on the CAMA Major Plan was established and field reviewed in June. Additionally, the edge of the boat basin was reviewed for the presence of coastal fringe wetlands, and it was determined that there were no mappable coastal wetlands around the basin, but some sporadic patches of coastal grasses did exist. The water depths ranged from about -6 ft (NW L) around the edge of the basin to -10 to -13 ft (NWL) just off the edge, throughout the basin. No marina development work proposed herein requires maintenance dredging. Project Description The applicant proposes what was permitted under CAMA Major 83-05, including a full service marina with a paved access road and parking, boat launch travel lift area, a marina store with bathroom and showers, a 200 unit dry stack building, fueling service, stormwater collection and treatment system as already permitted (including a wet pond) and a 105 slip marina in the man- made basin with a mixture of floating and fixed docks and piers. The boat launch includes a 50 ft wide concrete pad for a travel lift. The pad extends 130 ft from the dry stack to the launch location and includes two (2) 4 ft wide x 55 ft long staging piers (floating). As shown on the plan, there are outer perimeter piers (fixed) along the outside of the basin and floating piers on the inside. Fixed Perimeter Pier #1 is 6 ft x 688 ft and Fixed Perimeter Pier #2 is 6 ft x 1,186 ft. These are pile supported piers over water as shown and the plan as proposed (and prior permitted) does not include bulkheading or hardened shoreline stabilization. The fixed perimeter piers are accessed by four (4) access walkways (Access Walkway #1: 6 ft x 150 ft, Access Walkway #2: 6 ft x 108 ft, Access Walkway #3: 6 ft x 104 ft, Access Walkway #4: 6 ft x 60 ft). Main Floating Dock #1 is 8 ft x 342 ft and, Main Floating Dock #2 is 8 ft x 731 ft. Access to the main floating dock from the fixed perimeter dock is by three (3) 4 ft x 13 ft gangways. The wet slip marina areas (making up 105 slips) are referred to as Areas A through H, just as they were on CAMA Major 83-05. Area A consists of ten (10) slips (15 ft x 60 ft) with lifts and five (5) 4 ft x 60 ft fixed finger piers. Area B includes a 4 ft x 109 ft floating pier, ten (10) slips 15 ft x 40 ft and six (6) finger piers (4 @ 4 ft x 30 ft and 2 @ 4 ft x 40 ft). Area C includes includes a 4 ft x 109 ft floating pier, ten (10) slips @ 15 ft x 40 ft and six (6) finger piers (four (4) * 4 ft x 30 ft and two (2) @ 4 ft x 40 ft). Area D consists of six (6) slips total, including four (4) * 15 ft x 50 ft and two (2) @ 13 ft x 50 ft. This includes three (3) finger piers @ 4 ft x 50 ft. Area E includes a 4 ft x 113 ft floating pier and twelve (12) slips at 15 ft x 50 ft with four (4) finger piers at 4 ft x 50 ft and the outer two (2) finger piers are 8 ft x 50 ft. The outer finger piers make up a T-head and are designated as the fueling and sewage pump -out stations. Area F includes a floating 4 ft x 126 ft pier with sixteen (16) 15 ft x 40 ft slips and eight (8) finger piers (4 ft x 40 ft). Area G includes seven (7) slips @ 15 ft x 40 ft and three (3) floating finger piers @ 4 ft x 40 ft. Area H includes twenty six (26) slips @ 15 ft x 60 ft (each with a lift) gyr q L1AN— fixed finger piers @ 4 ft x 60 ft. t !/ p-D JAN 13 2016 RECEIVE®CM- MHD OFF y OCT 0 6 2015 2 DCM- MHD CITY August 3, 2015 RE: Old Bear, LLC Property Formerly referred to as "Rivershore" City of New Bern, North Carolina As owner of the above referenced property, I authorize Quible & Associates, P.C. (Quible) and US Army Corps of Engineers to access my property for the purpose of obtaining any necessary jurisdictional determinations. Additionally, Quible is authorized to represent Old Bear, LLC as agent for submission of State and federal Permits for the subject property, including CAMA Major Permittingl---�� Name: Date: d �� /l RECEIVED JAN 13 2016 DCM- MHD CITY RECEp OCT 06 DCM- M: DCM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Old Bear, L.L.C. Rivershore Marina RECEIVED Applicant 1: First Name MI, Last Name John J. Snow, III OCT 26 2015 Applicant 2: First Name MI Last Name DCM- MHD CITY If additional applicants, please attach an additional pagels) with names listed. Mailing Address PO Box City State 661 Murphy INC ZIP Country Phone No. FAX No. 28906 USA ext. - Street Address ltl different from above) - City state ZIP Email johnjsnow6gmaiLcom 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State — 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 491 - 8147 ext. ext. FAX No. Contractor # Street Address (d different from above) City State ZIP 8466 Caratoke Hwy., Bldg. 400 Powelis Point NC 279M - Email 1-\ li R E C E I` V/ E D brubino@quible.com <Form continues on back> JAN 13 2016 DCM- MHD CITY 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven Galloway Street 1609 Subdivision Name City State Zp None New Bem NC 28562 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Nauss Man -Made Basin adjoining Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Duck Creek and Nauss River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed SYes []No work falls within. City of New Bern 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 4,739 ft Total Tract: 3,437,434; Project Area: 715,601 c. Size of individual lots) d. Approdmate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 7.5' ❑NHW or SNW L e. Vegetation on tract Upland: Broomsedge, Bahia grass, Wax myrtle, Groundsel bush, Red cedar Wetland: Loblolly pine, wax myrtle, Black needle rush, marsh hay RECEIVED I. Man-made features and uses now on tract 0 C T 2 6 2015 Boat basin DCM- MHD CITY g. Identity and describe the existing land uses adiacent to the proposed project site. US 17/55 right-of-way (bridge approach), residential, undeveloped, marina h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? C-3 Commercial (Attach zoning compliance certificate, if applicable) SYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. SYes []No ❑NA If yes, by whom? Brockington- according to review of former CAMA Major submission I. Is the proposed project located in a National Registered Historic District or does @ involve a []Yes SNo ❑NA National Register listed or eligible property? A •�VL . %t . .L/ <Form continues on next page> JAN 13 2015 252.808.2808 .. 1-888.4RCOAST .. www.nccoastalmana RqM7.Mon �'` ' Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (if) Are there coastal wetlands on the site? ®Yes []No (ill) If yes to either (i) or (if) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No existing wastewater treatment. City of New Bern Sanitary Sewer System connection is av IRl EC E' VED OCT 26 2015 o. Describe existing drinking water supply source. No existing drinking water. Water supply is available by connection to First Craven Wate'DQ**erM fq p. Describe existing storm water management or treatment systems. No existing storm water management system. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? SCommercial ❑Public/Govemment SPdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose is to create a full service marina facility with attendant services and activities including floating docks, dry stack storage, fuel service, sewage pumpout services and harbor masters office/ ship store. 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. Bull Dozer, back hoe, piling driving equipment, roller, paving equipment, etc. All equipment to be stored on -site (on land or on barge in existing boat basin) d. List all development activities you propose. Boat slips, docks (floating and fixed), boat launch, boat dry stack, office, driveways and parking See narrative for detail e. Are the proposed activities maintenance of an existing project, new work, or both? New, will utilize existing basin. This permit request is for the same scope of work that was permitted under CAMA Major 83-05 (expired 12131/2014). f. What is the approximate total disturbed land area resulting from the proposed project? 4.70 ❑Sq.Ft or SAcres 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. Minor surface runoff; there is a high density High Density Sate Stormwater Permit JAN 13 2016 1. Will wastewater or stormwater be discharged into a wetland? []Yes SNo _ If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No [RNA j. Is there any mitigation proposed? ❑Yes []No SNA If yes, attach a mitigation proposal. ITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalm anageme nt. net Form DCM MP-1 (Page 4 of 4) rccUtIVEPPLICATION for OCT 26 12ft Development Permit <Form continues on back> DCM- MHD CITY 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims titre 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 Jeanette E. Hunter and Jacqueline Lane Phone No. (252) 745-7235 Address 130 Blueberry Ln., New Bern, NC 28560 Name NCDOT Phone No. (252) 830-3146 Address P.O. Box 1587, 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 Major 83-05, issued 8/11/2015, expired 12131/2014 High Density SWMP, SW7050508, issued 5/19/05, expires h. Signed consultant or agent authorization form, if applicable. 1. Welland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), 1 necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 16. =l l.r PrintName'&60, AytbLt0 tAu%Qrizco(Aynt Signature Please indicate application attachments pertaining to your proposed project. RECEIVED []DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts .IAN 13 2016 ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information DCM-MHD CITY 252-808-2806 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One dry stack storage building with associated parking, marina office, restrooms, fuel and sewage pumpout facility, boat haul -out pad c. Density (give the number of residential units and the units per acre) 0 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (if) If yes, list the date submitted: Prior to land disturbance a SESCP will be aplied for and received. g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 5.47% impervious project area within 75' AEC (5,725 sq.ft.) I. Give the percentage of the entire tract to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 14% impervious project area total (100,214 sq.ft.) J. Describe proposed method of sewage disposal. -City of New Bern Municipal System I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, Industrial/ commercial effluent, `wash down" and residential discharges). Surface runoff b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 4.70 ac. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. concrete and asphalt h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No ❑NA (it) If yes, list the date submitted: A high density permit (SW 7050508) for this marina is in place and valid until May 19, 2019. A change of ownership name transfer request has been submitted to NCDW R. k. Have the facilities described in Item (I) receRmOEW E D approval? 1,�` ®Yes ❑No ❑NA JAN 1 3 2016 If yes, attach appropriate documentation. DCM- MHD CITY m. Does the proposed project include an innovative stonnwater design? RECEIVED ❑Yes ®No ❑NA If yes, attach appropriate documentation. OCT 3 0 2015 DCM- MHD CITY 2S2-808.28082 :: 1-888 4RCOAST :: www,nccoastalmanagemen ..net revised: 12126106 Form DCM MP-3 (Upland Development, Page 2 of 2) a. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) First Craven Water Department o. When was the lot(s) platted and recorded? June 2005 IOIZZ'ZO 1 S T Date rS4-v" Harm Project Name Jelin Snow 1 Dlol & r,LLC A Iicant Name b� �M�'10 ASQA�T �, Qpv� G(,2r.,.b1e R Assoc..v.C, Applicant Signature n. (i) Will water be impounded? ®Yes []No ❑NA (ii) If yes, how many acres? Stormwater wet pond: 0.28 ac p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RECEIVED OCT 2 6 2015 DCM- MHD CITY RECEIVED JAN 13 2016 DCM- MHD CTY 252.808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: h. (1) Will the facility be open to the general public? ®Commercial ❑PubliclGovemment ❑Private/Community ®Yes ❑No c. (i) Dock(s) and/or piers) (Ii) Number 10 (iii) Length Pier B: 109'. Pier C: 109'. Pier E: 113'. Pier F: 126'. Main Floatina Dock #1: 342'. Main Floating Dock #2: 731, Perimeter Fixed Dock # 1: 688'. Perimeter Fixed Dock #2: 1186'. Staginn Piers: 55' (iv) Width Pier B: 4'. Pier C: 4'. Pier E: 4'. Pier F: 4'. Main Floating Dock #1: 8'. Main Floating Dock #2: 8'. Perimeter Fixed Dock If 1: 6' Perimeter Fixed Dock #2: 6'. Staging Piers: 4' (v) Floating ®Yes SNo e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 3 (iii) Length 1 @ 15'. 2 @ 50' (iv) Width 1 @ 15'. 2 @ 8' (v) Floating SYes []No Note: Rooted areas are calculated from dripfine dimensions. g. (i) Number of slips proposed 105 (ii) Number of slips existing 0 d. (i) Are Finger Piers included? ®Yes []No If yes: (if) Number 49 (iii) Length 19 ® 60'. 7 0 50'. 15 @ 40'. 8 ® 30' (iv) Width 4' (v) Floating ®Yes MNo f. (i) Are Boaflifts included? SYes ❑No If yes: (ii) Number 36 (iii) Length 40' maximum (iv) Width 15' maximum h. Check all the types of services to be provided. S Full service, including travel lift and/or rail, repair or maintenance service S Dockage, fuel, and marine supplies S Dockage ('Wet slips") only, number of slips: 105 S Dry storage; number of boats: M0 ❑ Boat ramp(s); number of boat ramps: —RE C E I V E D ❑ Other, please describe: JAN 13 2016 L Check the proposed type of siting: j. Describe the typical boats to be served (aDeW. H D CITY ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel sail boat Pleasure cruisers, open runabout ❑Open water; no dredging required Sother; please describe: Existing man-made basin RECEIVED OCT 3 0 2015 DCM- MHD CITY 252-808-2808:: 1-888-4RCOAST:: www.ncc0astalrnana9ernent.net revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) k. Typical boat length: Varies: 20'-60' m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of be pilings? Note: Pilias on A Dock and H Dock are typical boatlift oilinas only. I. (I) Will the facility be open to the general public? ®Yes ®No RECEIVED OCT 26 2015 DCM- MHD CITY 2. DOCKING FACILITY/MARINA OPERATIONS [I 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: 1 women's 1 men's; Location: Ship Store/ Office Building ® Showers ® Boatholding tank pumpout; Give type and location: N/A; No holding tank, pumpout will tie into site City wastewater system b. Describe treatment type and disposal location for all sanitary wastewater. City of New Bern c. Describe the disposal of solid waste, fish offal and trash. On -Site Dumpster d. How will overboard discharge of sewage from boats be controlled? There will be a mobile pumpout station e. (1) Give the location and number of "No Sewage Discharge" signs proposed. Two- One at the entrance to the marina on a piling at slip H-26, One at the pumport location at the end of the "E" Dock III) Give the location and number of "Pumpout Available" signs proposed. Two- One at the entrance to the marina on a piling at slip H-26, One at the pumport location at the end of the "E" Dock I. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. No boat repair or service provided g. Where will residue from vessel maintenance be disposed of? Containers will be provide for normal trash, but no maintenance bays on -site h. Give the number of channel markers and "No Wake" signs proposed. 2 I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. End of Dock E. The fuel system will be fully permitted and registed with NCDENR and will include a leak detection system. Associated with NCDEQ registration will be a Spill Prevention Control and Countermeasures Plan. I. What will be the marine policy on overnight and live -aboard dockage? No live -aboard. Maximum stay is three consecutive days (72 hrs). RECEIVED AN 3 2016 DCM- MHD CITY 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) k. Describe design measures that promote boat basin flushing? Marina is in an existing basin. No dredging is proposed, but if shaling does occur in thew future, the owner would apply for a maintenance dredge permit for safe navigation and to maintain proper flushing. I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A; This permit request is for the same scope of marina development permitted under CAMA major 83-05 (expired 12/31 /2014). RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No OCT 26 2015 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No DCM- MHD CITY o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑Pdvate/Community (II) Number (!if) Length (Iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. 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 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Govemment ❑Private/Community JAN 13 2016 nCM- MHz) IT`Y 252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) , j 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. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 270' Note., For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Duck Creek: 250'. Neuse River: 1.3 miles e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA III) If yes, explain what type and how they will be implemented. CT 26 2015 DC,M- POND CITY b. Proximity of structure(s) to adjacent docking facilities. 1,200'(Duck Creek Marina) d. Water depth at waterward end of structure at NLW or NAIL varies: -6' to -12' relative to NWL 8. OTHER ❑This section not applicable a. Give complete description: Boat Launch: 50' x 130' concrete for travel lift Walkways to Access Perimeter Piers: #1: 6' x 150', #2: 6' x 108', #3: 6' x 74', #4: 6' x 60' Gangways for Pler/Dock Access: 3 0 4' x 13' IOI�ZIioIS Date F %VfrihO(2 Morino, Project Name Sohn Snow 10(at & r-1LLC Applican[�jr�an (2', 4sto r Adaf'-+ t me a.1/L- 3PASloc. Q .C, Applicant Signature Al10 OHVY -VVO® 91OZ £ T NGf a3A13Ja1 ' 252.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 I�Illliilllilillililllllilllililllllllllllllillillllllllllllllllllllllll'� �" Return To: /Mark S. Hartman •! DAVIS HARTMAN WRIGHT PLLC 209 Pollock Street, New Bent, NC 28560 Excise Tax $2,590.00 Image I0: 00000"66995 Tp CRP Recorded: 06/18/2015 dt 03:06:tr Ph Fee Ant: $2.616.00 Pape 1 of 5 Revenue Tax: $2, 6a0.00 Vorkflova 000013a234-0002 Cr Van' IIC Sherri 11 Richard Register of Deeds BK3364 PD523 Tax Lot No./ Parcel ID No. 2-036-9004 Mail after recording to: Grantee This ir.strument was prepared by: Pa! ker Poe Adams & Bernstein LLP, Three Wells Fargo Center, Suite 3000, 401 South Tryon Street, Charlcne, NC 29202-1935 Brief Description For The Index: FU.S. Highway 17, Cmven County, North Carolina NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this _day of June, 2015, by and between: GRANTOR GRANTEE Wells Fargo Bank, Kational Association, Old Bear LLC, a national banking association a North Carolina limited liability company 301 Junction Highway, Suite 238 Tax bill mailing address: Kerrville, Texas 78028 P.O. Box 661 MAC T7505-010 Murphy, NC 28906 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land described in Exhibit A attached hereto ("Property"). PPAB 2833684v2 RECEIVED OCT 0 6 Z015 DCM- MHD CITY The Property was acquired by Grantor by instrument recorded in Book 3046, Page 670, Craven County Public Registry. The Property does not include the primary residence of Grantor. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the Permitted Exceptions (as hereinafter defined). Title to the Property is subject to the matters set forth on Exhibit B attached hereto ("Permitted Exceptions"). Grantee is purchasing the Property solely in reliance on Grantee's own investigation and "AS IS, WHERE IS", "WITH ALL FAULTS" AND WITH ALL DEFECTS, LATENT OR OTHERWISE. Grantee fully releases and discharges Grantor from and relinquishes all rights, claims and actions that Grantee may have or acquire against Grantor which arise out of or are in any way connected with (i) the presence of Hazardous Materials in, on, under or about the Property (including, but not limited to, any undiscovered Hazardous Materials located beneath the surface of the Property), (ii) violations of any Hazardous Materials Laws applicable to the Property or any activities thereon, (iii) the physical condition of the Property, including any buildings or other improvements included in the Property, (iv) the sale or transfer (including, without limitation, any and all state or local sales or use tax thereon) of any personal property, and/or (v) any of the matters following matters; soils, seismic, hydrological, geological and topographical conditions and configurations; Hazardous Materials and other environmental conditions; physical and mechanical defects in or on the Property, including without limitation, the plumbing, heating, air-conditioning and electrical systems and the roof, floor, ceilings, walls and other internal structural components of any buildings or improvements; the area of the land and the square footage contained in any buildings or other improvements; availability of adequate utilities, water, schools, public access, and fire and police protection; the status and nature of any assessment districts or community facilities districts and the amount of any assessment or special tax liability; present, past or future conformity of the Property with planning, building, zoning, subdivision and development statutes, ordinances, regulations and permits, the general plan and the specific plan; the character and amount of any tee, charge or other consideration which must be paid, dedicated or donated by Grantee to develop the Property; the condition of title to the Property, including but not limited to the existence of any easement, license or encroachment whether or not a matter of public record, and whether or not visible upon inspection of the Property; the financial condition of any owner's association, including, without limitation, the adequacy of any reserves held by any owner's association; the adequacy, availability, appropriateness, quality, quantity, legality, use, right to use or any other matter with respect to water, water wells, water rights, water permits or water use at or available to the Property; the suitability, appropriateness, legality or any other matter with respect to the use of the Property for any particular purpose; or any other matter relating to the Property or to the development or operation of the Property, including, but not limited to, value, feasibility, cost, governmental permissions or entitlements, marketability and investment return. "Hazardous Materials" means oil and other petroleum products, flammable explosives, asbestos, urea formaldehyde insulation, radioactive materials, hazardous wastes, toxic or contaminated substances or similar materials, including, without limitation, any substances which are "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any past, present or future federal, state or local statute, ordinance, rule or regulation. This release applies to all described rights, claims and actions, whether known or unknown, foreseen or unforeseen, present or future. I..Y... i........... [Signature and Notary Acknowledgment Pag- reme to: 000002468690 rope: eaP PPAB 2833684v2 page 2 of a w3364m524 RECEIVED OCT 06 2015 DC"- MHD CITY The Property was acquired by Grantor by instrument recorded in Book 3046, Page 670, Craven County Public Registry. The Property does not include the primary residence of Grantor TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the Permitted Exceptions (as hereinafter defined). Title to the Property is subject to the matters set forth on Exhibit B attached hereto ("Permitted Exceptions"). Grantee is purchasing the Property solely in reliance on. Grantee's own investigation and "AS IS, WHERE IS", "WITH ALL FAULTS" AND WITH ALL DEFECTS, LATENT OR OTHERWISE. Grantee fully releases and discharges Grantor from and relinquishes all rights, claims and actions that Grantee may have or acquire against Grantor which arise out of or are in any way connected with (i)the presence of Hazardous Materials in, on, under or about the Property (including, but not limited to, any undiscovered Hazardous Materials located beneath the surface of the Property), (ii) violations of any Hazardous Materials Laws applicable to the Property or any activities thereon, (iii) the physical condition of the Property, including any buildings or other improvements included in the Property, (iv) the sale or transfer (including, without limitation, any and all state or local'sales or use tax thereon) of any personal property, and/or (y) any of the matters following matters: soils, seismic, hydrological, geological and topographical conditions and configurations; Hazardous Materials and other environmental conditions; physical and mechanical defects in or on the Property, including without limitation, the plumbing, heating, air-conditioning and electrical systems and the roof, floor, ceilings, walls and other internal structural components of any buildings or improvements; the area of the land and the square footage contained in any buildings or other improvements; availability of adequate utilities, water, schools, public access, and fire and police protection; the status and nature of any assessment districts or community facilities districts and the amount of any assessment or special tax liability; present, past or future conformity of the Property with planning, building, zoning, subdivision and development statutes, ordinances, regulations and permits, the general plan and the specific plan; the character and amount of any fee, charge or other consideration which must be paid, dedicated or donated by Grantee to develop the Property; the condition of title to the Property, including but not limited to the existence of any easement, license or encroachment whether or not a matter of public record, and whether or not visible upon inspection of the Property; the financial condition of any owner's association, including, without limitation, the adequacy of any reserves held by any owner's association; the adequacy, availability, appropriateness, quality, quantity, legality, use, right to use or any other matter with respect to water, water wells, water rights, water permits or water use at or available to the Property; the suitability, appropriateness, legality or any other matter with respect to the use of the Property for any particular .purpose; or any other matter relating to the Property or to the development or operation of the Property, including, but not limited to, value, feasibility, cost, governmental permissions or entitlements, marketability and investment return. "Hazardous Materials" means oil and other petroleum products, flammable explosives, asbestos, area formaldehyde insulation, radioactive materials, hazardous wastes, toxic or contaminated substances or similar materials, including, without limitation, any substances which are "hazardous substances," "hazardous wastes," "hazardous materials" or `toxic substances" under any Past, present or future federal, state or local statute, ordinance, rule or regulation. This release applies to all described rights, claims and actions, whether known or unknown, foreseen or unforeseen, present or future. II�II�III�III�II�II�II�IIIVI�I�IIII��IO�I��II�1111 (Signature and Notary Acknowledgment Pag, image to: 000002468896 Type: CRP PPAB 2833684v2 Page 2 of 6 6K3364 Pa524 DECEIVE® OCT 06 2015 ®CAA- AM) CITY IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. Wells Fargo Bank, National Association, a national banking association By: avid Bruce McFa den Vice President STATE OF—TCIkG-a COUNTY OF K2 f f 1, '%. u4n ;U GAd Y%l a Notary Public for Kerr County, State of I PK6-5 , do hereby certify that David Bruce McFadden ("Signatory"), personally appeared before me this day and acknowledged that he is Vice President of Wells Fargo Bank, National Association, a national banking association, and that she/he, as -V itR Ptest <te , in such capacity and being authorized to do so, executed the foregoing instrument on behalf of the national banking association. I certify that the Signatory personally appeared before me this day, and (check one of the following) ✓ (1 have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) —a driver's license or _ in the form of ); or _(a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this Jlt)j dayc�opf � 4 < , 2015. �44,ry ,A NAVY-. Notdry Public My Commission Expires: e.1-10-111� Illlllllllllll�llllllllllllllill�lllllllllllllhlll����l�� -[NOTARIAL STAMP -SEAL] Image ID: 00000246BBape 9 or CAP �y NA NOTARY PUBLIC Bx3364 PG525 n,ry STATE OF TEXAS MY COMM. EXP. 1018 PPAB 2833684v2 RECEIVED OCT 06 2015 DCM- MHD CITY i■1i11111N111r11 Image ID: 000002468898 TPage YPO: � Exhibit BK3364Po526 Legal Description All those certain lots or parcels of land situated in Craven County, North Carolina and more particularly described as follows: Beginning at a point in the eastern right of way line of U.S. Highway 17, said point being located South 20 degrees 57 minutes 38 seconds West 7,156.28 feet from NCGS Monument "Resort", THENCE from said beginning point so located South 83 degrees 20 minutes 12 seconds East 145.45 feet; thence South 06 degrees 19 minutes 30 seconds West 250.46 feet, thence South 83 degrees 37 minutes 26 seconds East 105.19 feet; thence South 06 degrees 19 minutes 30 seconds West 437.58 feet, thence North 69 degrees 20 minutes 16 seconds East 552.89 feet, thence South 32 degrees 21 minutes 08 seconds East 45.22 feet; thence North 50 degrees 48 minutes 13 seconds East 307.22 feet; thence South 32 degrees 21 minutes 47 seconds East 301.41 feet to a point in the shoreline of Duck Creek; thence along the shoreline of Duck Creek and the Neuse River the following courses and distances: South 03 degrees 54 minutes 44 seconds West 320.65 feet, South 04 degrees 33 minutes 08 seconds West 410.94 feet, South I I degrees 32 minutes 06 seconds West 608.16 feet, South 24 degrees 08 minutes 35 seconds West 307.94 feet, South 61 degrees 47 minutes 50 seconds West 138.87 feet, South 63 degrees 54 minutes 26 seconds West 38.66 feet, South 41 degrees 47 minutes 20 seconds West 145.35 feet, South 22 degrees 35 minutes 54 seconds West 105.03 feet, South 47 degrees 19 minutes 47 seconds West 73.41 feet, North 86 degrees 38 minutes 09 seconds West 185.68 feet, South 83 degrees 48 minutes 02 seconds West 103.68 feet, South 53 degrees 48 minutes 03 seconds West 82.39 feet, South 04 degrees 06 minutes 01 second West 81.61 feet, South 28degrees 18 minutes 57 seconds West 104.10 feet, South 13 degrees 40 minutes 40 seconds East 70.49 feet, South 18 degrees 07 minutes 48 seconds West 272.11 feet, South 00 degrees 48 minutes 42 seconds West 333.84 feet, South 18 degrees 30 minutes 09 seconds West 173.80 feet, South 18 degrees 07 minutes 52 seconds East 69.22 feet, North 84 degrees 56 minutes 59 seconds East 44.34 feet, North 30 degrees 30 minutes 32 seconds East 50.16 feet, South 72 degrees 34 minutes 17 seconds East 16.37 feet, South 02 degrees 12 minutes 25 seconds East 173.25 feet, South 36 degrees 23 minutes 39 seconds West 166.66 feet, South 14 degrees 08 minutes 06 seconds West 111.54 feet, South 86 degrees 22 minutes 54 seconds West 44.58 feet, North 56 degrees 10 minutes 45 seconds West 55.75 feet, North 28 degrees 13 minutes 58 seconds West 133.19 feet, North 16 degrees 53 minutes 40 seconds West 264.58 feet, North 10 degrees 01 minute 48 seconds West 468.71 feet, North 12 degrees 49 minutes 14 seconds West 547.17 feet, North 01 degree 53 minutes 42 seconds West 151.06 feet, North 02 degrees 03 minutes 16 seconds East 244.51 feet, North 21 degrees 44 minutes 51 seconds West 242.02 feet and North 33 degrees 57 minutes 51 seconds West 217.31 feet to a point in the eastern right of way line of U S. Highway 17; thence along said right of way line, in a northerly direction along a curve to the left, said curve having a radius of 3,143.04 feet, a chord length of 2,025.42 feet and a bearing of North 21 degrees 27 minutes 04 seconds East for a distance of 1,990.56 feet to the point of beginning, containing 78.911 acres, more or less, in accordance with a survey by Atlantic Survey & Design, P A. dated June 2, 2005, entitled "Survey of 78.911 Acre Tract, property of Rivershore, LLC for Realmark Rivershore, LLC', reference to which is hereby made. PPAB 28336842 RECEIVED OCT 06 2015 DCM- MHD CITY rmane Io: 000002468099ge 4 8 TV0ot P b Exhibit SK3364Pa526 Legal Description All those certain lots or parcels of land situated in Craven County, North Carolina and more particularly described as follows: Beginning at a point in the eastern right of way line of U.S. Highway 17, said point being located South 20 degrees 57 minutes 38 seconds West 7,156.28 feet from NCGS Monument "Resort", THENCE from said beginning point so located South 83 degrees 20 minutes' 12 seconds East 145.45 feet; thence South 06 degrees 19 minutes 30 seconds West 250.46 feet, thence South 83 degrees 37 minutes 26 seconds East 105.19 feet; thence South 06 degrees 19 minutes 30 seconds West 437.58 feet, thence North 69 degrees 20 minutes 16 seconds East 552.89 feet, thence South 32 degrees 21 minutes OS seconds East 45.22 feet; thence North 50 degrees 48 minutes 13 seconds East 307.22 feet; thence South 32 degrees 21 minutes 47 seconds East 301.41 feet to a point in the shoreline of Duck Creek; thence along the shoreline of Duck Creek and the Neuse River the following courses and distances: South 03 degrees 54 minutes 44 seconds West 320.65 feet, South 04 degrees 33 minutes 08 seconds West 410.94 feet, South I 1 degrees 32 minutes 06 seconds West 608.16 feet, South 24 degrees 08 minutes 35 seconds West 307.94 feet, South 61 degrees 47 minutes 50 seconds West 138.87 feet, South 63-degrees 54 minutes 26 seconds West 38.66 feet, South 41 degrees 47 minutes 20 seconds West 145.35 feet, South 22 degrees 35 minutes 54'seconds West 105.03 feet, South 47 degrees. 19 minutes 47 seconds West 73.41 feet, North 86 degrees 38 minutes 09 seconds West 185.68 feet, South 83 degrees 48 minutes 02 seconds West 103.68 feet, South 53 degrees 48 minutes 03 seconds West 82.39 feet, South 04 degrees 06 minutes 01 second West 81.61 feet, South 28'degrees 18 minutes 57 seconds West 104.10 feet, South 13 degrees 40 minutes 40 seconds East 70.49 feet, South 18 degrees 07 minutes 48 seconds West 272.11 feet, South 00 degrees 48 minutes 42 seconds West 333.84 feet, South 18 degrees 30 minutes 09 seconds West 173.80 feet, South 18 degrees 07 minutes 52 seconds East 69.22 feet, North 84 degrees 56 .minutes 59 seconds East 44.34 feet, North 30 degrees 30 minutes 32 seconds East 50.16 feet, South 72 degrees 34 minutes 17 seconds East 16.37 feet, South 02 degrees 12 minutes 25 seconds East 173.25 feet, South 36 degrees 23 minutes 39 seconds West 166.66 feet, South 14 degrees 08 minutes 06 seconds West 111.54 feet, South 86 degrees 22 minutes 54 seconds West 44.58 feet, North 56 degrees 10 minutes 45 seconds West 55.75 feet, North 28 degrees 13 minutes 58 seconds West 133.19 feet, North 16 degrees 53 minutes 40 seconds West 264.58 feet, North 10 degrees 01 minute 48 seconds West 468.71 feet, North 12 degrees 49 minutes 14 seconds West 547.17 feet, North 01 degree 53 minutes 42 seconds West,151.06 feet, North 02 degrees 03 minutes 16 seconds East 244.51 feet, North 21 degrees 44 minutes 51 seconds West 242.02 feet and North 33 degrees 57 minutes 51 seconds West 217.31 feet to a point in the eastern right of way line of U S. Highway 17; thence along said right of way line, in a northerly direction along a curve to the left, said curve having a radius of 3,143.04 feet, a chord length of 2,025.42 feet and a bearing of North 21 degrees 27 minutes 04 seconds East fora distance of 1,990.56 feet to the point of beginning, containing 78.911 acres, more or less, in'accordance with a survey by Atlantic Survey & Design, P A. dated June 2, 2005, entitled "Survey of 78.911 Acre Tract, property of Rivershore, LLC for Realmark Rivershore, LLC", reference to which is hereby made. PPAB 2833684V2 OCT 0 6 2015 ®CAR- MHD CITY I�NIII�IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllll {'�' Imepe I0; oDo002468599 TVPe GRP Pape 5 of 5 Exhibit B ax3364 PG527 Permitted Exceptions 1. Ad valorem taxes for the year of 2015 and subsequent years. 2. Matters affecting title to the Property which would be shown on a current and accurate survey of the Property. 3. Easements, covenants, restrictions and conditions of record, and rights -of -way of public and private streets and roads. 4. All easements, restrictions and rights -of -way as may be apparent from an inspection of the Property. S. Rights of any parties in possession of the Property, including, but not limited to, tenants under unrecorded leases or rental agreements. 6. All statutes, codes, laws, ordinances, orders, rules and regulations of any governmental authority applicable to the Property, including those relating to zoning, subdivision, construction and land use. PPAB 2833684v2 RECEIVED OCT 06 2015 DCM— MHD CITY Coastal Management ENVIRONMENTAL QUALITY November 16, 2015 Old Bear, LLC c/o Mr. John Snow, III PO Box 661 Murphy, NC 28906 Dear Mr. Snow: PAT MCCRORY Governor DONALD R. VAN DER VAART secremry BRAXTON DAVIS Diremr The NC Division of Coastal Management hereby acknowledges receipt of Old Bear, LLC's application for State approval for development of its property located adjacent to Duck Creek at the end of Galloway Street in Bridgeton, Craven County. It was received on November 4, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 18, 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 November 4, 2015, 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 EoYuonmental Quality I Coastal Management Addmsa 1 I Address 2 1 City, State ZIP 000 ODO 0000 T Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director 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. Sinncce�reellyy,�� �� fyUl2l4%�� , Brad Connell Coastal Management Representative BC Enclosure CC: Brian Rubino, Quible & Associates, PC Roy Brownlow, District Manager Courtney Spears, Asst. Major Permits Coordinator Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management Address I I Address 2 1 City, State ZIP 0000000000 T I" C go ■ Complete hems 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: SEW 7T,E- ,C1 L) - - �,pC c� L)e a in E L.�1V c 2 a/ /VC Lem 2. Artlde Number (liansfer from service law PS Fonn 3811, February 2004 ■ Complete items 1, 2, and 3. Also complete Item 4 if Postdated Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front If space permits, I. Article Addressed to: �JEANtTlE �c1 tJ��'2 — J-pCc�ueu t1.E LAlV� 8Ut�QQy LtiO K,z ry g-L 2 fi/ fvll 3 ?S Lnd A Signature _ Agent ❑ Addressee B. Rec Ned (� rrt���G ,r P\IA C. Dateof Delivery ol D. is ery address different from Item 11 Byes If ES, enter delivery address below: ❑ No t-.0-Bertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery] (Extra Fee) ❑ yes 7007 2680 0002 5929 9893 Domestic Return Receipt CO MPLETE THIS SECTION ON DELJFVE�Ry A Signature ^ . 11�. Agent ❑ Addressee B.J r I)FfPdrrtsd Nerve) d C. Dateraf Delivery ny address different from Item 17 m yes enter delivery address below: ❑ No Lf346erfffied Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivei (Ezba Fee) ❑ yes 2. Article Number (flanslirfpm servicelal 7007 2680 0002 5929 9893 PS Form 3811, February 2004 Domestic Return Receipt 102506e2.At 1540 102595-02-M-1590 1 RECEIVED OCT 3 0 2015 DCM- MHD CITY t.i.ai.0 NCDENR North Carolina Department of Environment and Division of Energy, Mineral, and Land Land Quality Section Tracy E. Davis, PE, CPM Director October 3. 2013 Wells Fargo Bank NA Attn: Mr. Ryan P. Connelly Assistant VP 90 South Seventh St., 3rd Floor Minneapolis, MN 55402 Natural Resources Resources Pat McCrory, Governor John E. Skvada, III, Secretary Subject: Stormwater Permit No. SW7050508 — Ownership Transfer Rivershore Marina High Density Project Craven County Dear Mr. Connelly: The Washington Regional Office received a complete Stormwater Management Permit Application for the ownership transfer of Rivershore Marina on August 26, 2013 from Big Cypress Land & Development Company, LLC to Wells Fargo Bank NA. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding the ownership change of Permit No. SW7050508 dated October 3, 2013, for the construction of the subject project. This permit shall be effective from the date of issuance until May 19, 2019, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. ,SSiincerely, Scott Vinson Environmental Engineer G:\LR\SWP\SAV\G-Stormwater\PERMMSW7050508 cc: Duncan Newkirk (email) LL Howard Nichols, ECC, C Craven County Planning/Building Inspections Doug Huggett, DCM — Morehead /Washington Regional Office SW File RECEIVED OCT 0 6 2015 DCM- MHD Washington Regional Office 943 Washington Square Mail, Washington, North Carolina 27889 • Phone: 252-946-6481 / FAX: 252-975-3716 Internet: http://www.poOal.ncdenr,org/webllrlland-quality An Eaual O000rtunity I Aff rmative Action Emolover - 50YoRecvded/10% Past Consumer Pacer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Wells Fargo Bank NA Rivershore Marina RECEIVED Craven County OCT06 2015 FOR THE construction, operation and maintenance of a wet detention basin in comIPPM m 'D CITY the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 19, 2019, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 175,111 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for the future development is limited to 72,614 square feet. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 0 U 0 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 7.979 b. Total Impervious Surfaces ft2: 175,114 On -site Buildings, ft�: 48,612 On -site Streets, ft2 39,736 On -site Parking, ft�: 14,152 On -site Future, ftZ: 72,614 C. Design Storm, inches: 1.0 d. Pond Depth, feet: 4.0 e. TSS removal efficiency: 85% f. Permanent Pool Elevation, FMSI�: 3.0 gg Permanent Pool Surface Areq, ft : 12,257 h. Permitted Storage Volume, ft : 14,589 i. Temporary Storage Elevation, FMSL: 4.1 j. Controlling Orifice: 1.5" 0 pipe k. Permitted Forebay Volume, ft3: 4,745 I. Receiving Stream/River Basin: Duck Creek / Neuse M. Stream Index Number: 27-103 n. Classification of Water Body: "SC; Sw, NSW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at, optimum y efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not a limited to: a. Semiannual scheduled inspections (every 6 months). t b. Sediment removal. C. Mowinp and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. C) f. Debris removal and unclogging of outlet structure, orifice device, flow ® spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. >- Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by W tubing, may be used only if they draw water from the surface in the U deepest part of the pond. W C- c. The falling water from the fountain must be centered in the pond, away it from the shoreline. p d. The maximum horsepower for a fountain in this pond is 1/8 horsepower. Page 3 of 7 T1 U O 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, -acres:..: 7.979 b. Total Impervious Surfaces ftz: 175.114 On -site Buildings, ft�c 48,612 On -site Streets, ftZ. 39,736 On -site Parking, t2: 14,152 On=site Future, ft : 72,614 C. Design Storm, inches: 1 0 d. Pond Depth, feet: 4.0 e. TSS. removal efficiency: - 85% f. Permanent PoofEle'vation, FMSI�: 3.0 gg Permanent Pool Surface Areq, ft : 12,257 h. Permitted Storage Volume, ft : 14,589 i. Ternporary Storage Elevation, FMSL: 4.1 J Cbntrolfing.Orifice:, 1.5" 0 pipe k. Permitted Forebay Volume, ft3: 4,745 I. Receiving Stream/River Basin: Duck Creek / Neuse M. Stream Index Number: ' 27-103 n.. Classification of Water Body: "SC; Sw, NSW" M SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the'system will be repaired immediately: 3. Tl a pi ittee shall at all -times provide the operation and maintenance necessary to assure the permitted stormwater system'functions at optimum y, efficim ency. The approved Operation and. Maintenance Plan must be' followed in its entirety and maintenance ust occur at the scheduled intervals inclUdingi but not limited to: a. Semiannual scheduled inspections (every 6 months). t b. Sediment removal. _c. e. 4. and the'vegetated filter. With approved plans and f. Debns removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. >- Decorative.spray fountains will be allowed in the stormwater treatment system, -o� subject to the following criteria::, a: The fountain must draw its water from less than 2' below the permanent 3 pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing,pay be used only if they draw water from the surface in the deepest part of•the pond: c. The falling water from the fountain must be centered in the pond, away from the shoreline. ® d. The maximum horsepower for a fountain in this pond is 118 horsepower. Page 3 of 7 a 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 14. This permit shall be effective from the date of issuance until May 19, 2019. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing feAECEIVED OCT 06 2015 Page 4 of 7 DCM- MHI) CITY III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. T Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 3`d day of October, 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /�F�_ l�� for Tracy E. Davis, P.E., CPM, erector Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit No. SW7050508 RECEIVED OCT 06 2015 Page 5 of 7 DCM- MHD CITY III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change, of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Qualdy, ; accompanied by a completed name/ownership change form, documentation from .the.partiesinvolved, and other supporting materials as may be appropriate. The approval of this request will be.considered on it' merits and may. or may -not be approved. The Permittee is responsible fo.rcompliance with all permit conditions until such time as.the Division approves the transfer request." 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement_ action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any' and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be:required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal busihess hours for the purpose of inspecting all components of the permitted stormwatermanagement facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of.a request fora permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must followtheguidelines established in the NorthCarolinaErosion and Sediment Control Planning and Design Manual. ' 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shalhnotify the Diy,'ision of any name, ownership or mailing address changes within 36 days. Permit issued this the 3`d day of October, 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Tracy E: Davis, P.E., CPM, Director Division.of,Rnergy, Mineral, and;Land Resources, By,Auth6Hty of the Environmental Management` Commission Permit No. SW7050508 RECEIVED OCT 06 2015 Page 5 of 7 DCM- 6ti HD CITY Rivershore Marina Stormwater Permit No. SW7050508 Craven County Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL RecerN ZrD OCT 0 6 2D15 0CM_ MHD C"Ty Page 6 of 7 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a f0rebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Craven County Planning / Building Inspections RECEIVED OCT 06 2015 DCM- MHD CITY Page 7 of 7 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built=upon, area.. - 3. All fhe"buiit-upon area associated with the project is giaded such'that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outletibypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash racM-s provided on the outlet/bypass structure.; 8. All slopes are grassed "with permanent vegetation. 9. Vegetated slopes are, no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system: 11. ' The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14.. All required parts of the system are.provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Craven County Planning / Building Inspections RECEIVED OCT 06 2015 DCM- MHD CITY Page 7 of 7 Coastal Management ENVIRONMENTAL OUALITY The Sun Journal Legal Advertisement Section P.O. Box 1149 New Bern, NC 28563 Re: Public Notice —Old Bear, LLC Dear Sir: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director November 16, 2015 Please publish the attached Notice in the November 25, 2015 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,, �� �Q Adt4i'711o� Brad Connell Coastal Management Representative Enclosure cc: Courtney Spears Roy Brownlow Nothing Compares" State of North Carolina I End000meotel Quality I Coastal MItmgemeot Address I I Address 2 I City, State ZIP 0000000000 T L, 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 November 4, 2015. According to said application, Old Bear LLC proposes to construct a marina and dry stack adjacent to Duck Creek, at the end of Galloway Street, 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 December 15, 2015, 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: November 25, 2015 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management Address 1 I Address 2 1 City, State ZIP 000 000 0000 T TRANSMISSION JOURNAL T760SYOW2121 F670-A07 TIME :11-16-201515:18 FAX NO.1 NAME NO. FILE NO. DATETIME DURATION PGS TO DEPT MODE STATUS 065 148 11.1615:17 00:26 2 9919109382722 EC 603 OK in, Quible Quible & Associates, P.C. ENGINEERING - SINCE 1959 CERTIFIED MAIL October 16, 2015 - PLANNING - SURVEYING NCDOT P.O. Box 1587 Greenville, NC 27835 RE: CAMA Major Permitting Rivershore Marina Dear Sir or Madam, P.O. Drawer 870 IOtty Hawk NC 27949 Phone: 252.491-8147 Fax: 252-491-8146 web: quNole.o RECEIVED OCT 26 2015 DCM- MHD CITY As adjacent riparian property owner to the property currently owned by Old Bear, LLC and referred to as Rivershore Marina, it is a requirement by NCDEQ, Division of Coastal Management to notify you of the proposed development in proximity to the Estuarine Area of Environmental Concern (AEC) that requires CAMA Major Permitting. All of the work proposed to be permitted is shown on the accompanying plan. This is the same scope of work that was permitted in the past under an earlier CAMA Major Permit, but has expired. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. Brad Connell, NCDCM, 400 Commerce Ave., Morehead City, NC 28557. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, � jQuible�aannd Associates, P.C. L�✓1` 'C411 — Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Signature Date Quible Quible & Associates, P.C. ENGINEERING - ENMRONNIENTAL SCIENCES - PLANNING - SLWEVING SINCE 1959 CERTIFIED MAIL October 16, 2015 Jeanette Hunter and Jacqueline Lane 130 Blueberry Ln. New Bern, NC 28560 RE: CAMA Major Permitting Rivershore Marina Dear Ms. Hunter and Ms. Lane, P.O. Drawer 870 IarN Hawk INC 27949 Phone: 252-4914147 Fax: 252-491-8146 web: quible.c= RECEIVED OCT 26 2015 DCM- MHD CITY As adjacent riparian property owner to the property currently owned by Old Bear, LLC and referred to as Rivershore Marina, it is a requirement by NCDEQ, Division of Coastal Management to notify you of the proposed development in proximity to the Estuarine Area of Environmental Concern (AEC) that requires CAMA Major Permitting. All of the work proposed to be permitted is shown on the accompanying plan. This is the same scope of work that was permitted in the past under an earlier CAMA Major Permit, but has expired. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. Brad Connell, NCDCM, 400 Commerce Ave., Morehead City, NC 28557. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. EDRubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Signature Date Quible SINCE 1959 MEMORANDUM & Associates, P.C. ENGINEERING * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES * SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.quible.com To: Brad Connell, NCDCM From: Brian D. Rubino Date: October 30, 2015 Re: Rivershore CAMA Major Please see attached certified mail receipt from NCDOT. Thanks. -"y cuumss below: C�eEENu,�� � I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII _ ur�CertiTed Mail ID ° Registered l Express Mail 2. ❑ Insured Mel, ° RetuIn Receipt for Merchandise Article Number ° ° 0.0. RECEIVE D (Tnvlsfer)rom J. Restricted vellvery7 (&I Feel service /e( ❑Yes PSI=orm38yy,J;Z 7p�� 268❑ 0002 5929 9909 ry20Jq NOV 0 4 2015 Domestic Return Receipt +ozeae-0z� DCM- MHD CITY 0 MEMORANDUM To: Brad Connell, NCDCM From: Brian D. Rubino M 4/ Date: October 22, 2015 Re: Rivershore CAMA Major Quible SINCE 1959 & Associates, P.C. ENGINEERING a CONSULTING • PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.quible.com RECEIVED OCT 26 2015 DCM- MHD CITY I appreciate your review of the preliminary CAMA Major Application Package. I have addressed the review comments from the 10/19/2015 correspondence (items 1-17). Please let me know if you wish to discuss any of those items further. The following materials are enclosed: • Application Fee ($400 check) • Photocopy • Revised and Signed MP-1, MP-3 and MP-4 • Copies of Letters Sent to Adjacent Riparian Owners • 26 Copies of the Plan (Revision Date 10/22/2015) The letters to adjacent riparian owners have now been sent and I will provide the green cards and any written correspondences I receive from them upon receipt. Thank You CA Quible SINCE ,959 MEMORANDUM & Associates, P.C. C,al ENGINEERING a CONSULTING a PLANNING ENVIRONMENTAL SCIENCES • SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.qu11ble.conn To: Brad Connell, NCDCM From: Brian D. Rubino Tokqk Date: October 27, 2015 Re: Rivershore CAMA Major I appreciate your continued attention to this project. I have updated both MP-3 (h) and MP-4 (1,f, ii- iv) as required. I have also included one of the 2 certified mail green cards. As soon as I received the second from NCDOT I will provide that as well. Please let me know if you need anything else. Thanks. RECEIVED OCT 3 0 2015 DCM- Mi-IL) C11`Y VIM O Quible SINCE 1959 MEMORANDUM & Associates, P.C. ENGINEERING • CONSULTING • PLANNING ENVIRONMENTAL SCIENCES x SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 Web: www.quible.eom To: Brad Connell, NCDCM From: Brian D. Rubino I Date: September 28, 2015 Re: Rivershore CAMA Major Preliminary Review Enclosed, for your preliminary review, is the current CAMA major application package for the Rivershore Marina. The objective is to re -permit exactly what was permitted in the past under CAMA Major 83-05. The following materials are enclosed: • Agent Authorization Letter • Project narrative • MP-1, MP-3, MP-4 • Former CAMA Major 83-05 with plans and cross -sections • Copy of Section 404 reconfirmation plat (field approved and submitted to USACE) • Copy of valid SWMP (currently being transferred to Old Bear, LLC) • Deed Thanks for your assistance with this preliminary review. When you have the ability to review this information and provide your feedback, I will work diligently to finalize the submission. I have not yet sent letters out to adjacent riparian owners, but I plan to do that as soon as you are satisfied with the application and plan. I will also provide the $400 processing fee at that time. Thank You RECEIVED OCT 06 2015 DCM- MHD CITY Connell, Brad From: Connell, Brad Sent: Tuesday, October 27, 2015 9:06 AM To: 'Brian Rubino' Subject: RE: request for revisions to CAMA major permit application Importance: High Mr. Rubino, There are still just a couple of items that you neglected to address that were requested in my previous email ..... The main one being the boatlifts. Please address the following issues in order for the DCM to process the application: Form DCM MP-1, 6f: please submit the signed green cards; Form DCM MP-3, h: please check the Yes box; Form DCM MP-4, lf(ii-iv): please answerthese questions. Thank you for your understanding and cooperation in this matter. If I can be of any assistance, please do not hesitate to contact me. Brad Connell Field Representative NC Division of Coastal Management httD://Dortal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.Rov --'-: Nothing Compares.,-, 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. From: Brian Rubino [mailto:brubino@quible.com] Sent: Thursday, October 22, 2015 10:40 AM To: Connell, Brad <brad.connell@ncdenr.gov> Subject: RE: request for revisions to CAMA major permit application Brad, We have checked and re -calculated the project area impervious coverage per your #5 comment. The actual total impervious coverage within the 75 ft AEC is 5,725 sq.ft (5.47 %). We failed to include the gravel walks as impervious (which we now have) and the %was not accurately calculated. Our drafter had based the percentage on the entire project Area instead of the 75 ft AEC area as required. Other than this, the other comments were very straightforward.. I will be sending in the revised application, full set of plan copies and the application check in tomorrow's mail. Connell, Brad From: Connell, Brad Sent: Monday, October 19, 2015 1:36 PM To: Brian Rubino (brubino@quible.com) Cc: Brownlow, Roy; Warren Eadus (weadus@quible.com) Subject: request for revisions to CAMA major permit application Importance: High Mr. Rubino, Thank you for your well prepared and thorough CAMA Major Permit application package. However, there are some minor issues that need to be addressed before the DCM can process the application: 1. Form DCM MP-1, 6e: please submit the $400 processing fee payable to the NCDEQ 2. Farm DCM MP-1, 6f: please list the contact telephone numbers and submit the signed green cards; 3. Form DCM MP-1, 7: please sign and date; 4. Form DCM MP-3, a: please include the proposed haul out pad; 5. Form DCM MP-3, g: please verify the percentage/square footage of proposed impervious area within the Coastal Shoreline AEC that it includes the sidewalks & haul out pad; 6. Form DCM MP-3, h: please check the Yes box; 7. Form DCM MP-3, n(ii): please answer and elaborate; 8. Form DCM MP-3, p: please sign and date; 9. Form DCM MP-4, ld(ii-iv): please answer these questions; 10. Form DCM MP-4, lf(ii-iv): please answer these questions; 11. Form DCM MP-4, le: please include the "T" platforms; 12. Form DCM MP-4, lm: this appears to be in conflict with what is shown on the H Dock drawings; 13. Form DCM MP-4, 2h: please label on the work plan drawings where these proposed markers will be installed; 14. Form DCM MP-4, 2i: please change NCDENR to NCDEQ; 15. Form DCM MP-4, 2j: please state what the overnight dockage policy will be; 16. Form DCM MP-4, 8: please sign and date; 17. Work Plan Drawings: please submit an additional 25 copies of drawings greater than 11" by 17". I will look forward to receiving your revised application package. If you have any questions in the interim, please do not hesitate to contact me. Thank you, Brad Connell Field Representative NC Division of Coastal. Management httD:/iDortal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.gov 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. Er- D— Rl P' Ll rL M O O m .El ti r` O O r`- U7 Certified Fee $0.00 Rehm Reeeipt Fee Postmark (Erdorsement Required) $0.00 Here Restricted Delivery Fee (Endorsement Required) $1. 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For valuables, please consider Insured or egi t i1. ■ For an additional fee, a Re((uyrzr��1 Receipt mat requested to Provide proof of delivery. To obtain Retum Rh�I sivpe, 171g9� complete antl attach a Return Receipt (PS Form 3817) to rti dhd/atlA p postage to cover the fee. Endorse mailpiece "Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is requuetl. jj�� /C+ k�Al rMtH D f#jd • For an attain authorized tldl� r d o the addressee or addressee's t 'Restricted agent. Advise the cis or ar the mailpiece with the endorsement 'Restricted Delivery'. 1. ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. PS Form 3ebb, August 2006 (Reverse) PSN 7530.02-0ep-9047 WBTLAND RE -CONFIRMATION MAP OLD BEAR, LLC Q M• N N N : EXISTIlVG %8.91 AC TRACT Vi U CNV OE NEW9ERN ETJ CAAVFN CONNIY NORTH CMOL1Ni a`tiG5i64EE56i j� 656 FFSFEf FFf FEGcccs Lc=�6 C�'CCB+'IiiC6f'C4iE'�xti6C�6 N =.Rd4�4Y4;'.i r§gSgp ?§iirS Rg4tl44?C%9r;iY?fl9 ii RiX119R55gR IR?RY9Cieyyy� 14 CSCECCCCC";CC=4CCCC€CCC�� Bi%pr44Y§lpgir?L%§§rYSyq� 4Ri144RBigr4r tlR4%%iq RXXi?i4i41tl4:49 945ig41§4 CCCE.@C:C`y4CC.kC:Y.CCx$6 x4iLRYYXYY4§YRRi§4gRq' 99 49q su5v5s`'e6aaaf66nF6ifi6Gi66SG665G646yi t:94 R9Rp q?er4XYl4?gHrgq?� pY4i441tl0.4454p4 � C€CCx:xSiCCCRG',iCiCCCCt�F6F 1g118 0.q §d55%5RgY14 tRYfl4%pi4"§?4rirfldq� t9 §gYitl4RtlR"vi Rg4i54i1iR9 Ytl91 R "s6£CCCCCCCCC6C€CCCCE'C�6p z49 R;dYtldY§§4kr44Y4q i44YRrggg4C..4?iXrdp ir•r R=.ttl?Rt Bqq R:9i°yyR Y?BRg9 :R^CC£CCC Fiffi CxCpieSCCCC6CRCCCCti?C$p� 4r4gd eqM?tiriXRYp :q:::::::44 F5F6Ffi Eq tgtl�p F6F665 iiti4i4g7R a94L9ta p4ii44 FF Ffii Y+.1g9f7 4449 F� yyC YiY�]553ii5isEd3i6ii ��i�yi�ki�Y;a�Cg�Mna�X6@6 dtl419g4gtlr?r 9q qq L0.tt9l Y1144i l9iti44 RY Hp4tl4Yid'9yy� Yq HRi?gitli9 R4i4XRg 58ii! ff i6i6f6656F Y.IRE�Ci@CC66CyCCi�e6Ev€�ip 49i; YY%rtq?ll§i R144R44ig4iitl rRp H; Sfii 0.4i S4R Ygip4Rq?Y4L9 F4FF5Fi YX§i vl9YRdi Y4riY F5� qyR q 4 q la it ®�41``\ i✓a/� 6 /1' 6 glr ,_.11 a� x x r�an�uu man un M pit, F6 \b \ '• F a '\ r ;5 \ t Fy73§� !I At a.gC "c gg J Ng�g 396 5 H? � as R M`0c9i g 8$ xe y� j # ggR 2 Y4 /A / r allINi°4 gg gg I Hi§�. /�'� T �nesrz /�°'�a•r 8 � I I all GT 4 / /r \ \ aCA GT M•.yNy I o nl ail n anc4 o M ? cn s/ M R N 4.8 O v N0. RitE RCASIONSL®�• >o A Quible zLM & Associates, P.C. FNCIXF£RIXG•[ONSULWPUNMNG EX WNMENTAL-WENCES .SURVEYING Lrn PAT MCCRORY Governor DONALD R. VAN DER VAART oastal Management NVIRONMENTAL OUALITV MEMORANDUM DATE: November 16, 2015 TO: Courtney Spears THRU: Roy Brownlow FROM: Brad Connell (I() Seem-y BRAXTON DAVIS DwM, SUBJECT: Comments and Recommendations - CAMA Major Pemiit —Old Bear LLC, Craven County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal will shade 32,372 square feet of Public Trust Waters. This proposal will fill 110,875 square feet of high ground and will excavate 13,125 square feet of high ground. These waters of Duck Creek are closed to shellfish harvest. This waterbody is not Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and fede I agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon a following conditions: ICI .:_ � 4-L; s 4v{�/ A.) ctzyl� C s J 1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 2) The marina facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, on each of the 6' wide fixed access piers. 3) 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. 4) 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 l,VU1D I Environmental Quality I 1 I Address 21 LWP S6 Old Bear LLC November 16, 2015 Page 2 of 3 V 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. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit authorizes a maximum of 105 boat slips. 9) During construction and/or operation of the authorized travel lift, care should be taken to ensure that no filling or excavation of the adjacent coastal wetlands area takes place. Such filling shall be considered a violation of this permit for which the permittee is responsible. 10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11) Any building constructed shall comply with the applicable provisions of the North Carolina Building Code and the local flood damage prevention ordinance as may be required by the National Flood Insurance Program. 12) This permit does not authorize the excavation or filling of any vegetated wetlands or open water areas, even temporarily. 13) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 14) All development within 50 feet of the normal water level shall be consistent with Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. Nothing Compares - Stare of North Carolum I Emuronmental Quality I Coastal Management Address l I Address 2 1 City, State ZIP 0000000000 T Old Bear LLC November 16, 2015 Page 3 of 3 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. CC: Roy Brownlow, DCM Nothing Compares!. Stale of North Carolina I Envirommental Quality I Coastal Management Address 1 I Address 2 1 City, State ZIP 000 000 0000 T DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Old Bear, L.L.C. Rivershore Marina Applicant 1: First Name MI Last Name John J. Snow, III Applicant 2: First Name MI Last Name ` If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 661 Murphy NC ZIP Country Phone No. FAX No. 28906 USA ext. Street Address (d different from above) city State ZIP Email johnjsnow@gmail.com 2. AgentContractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian Rubino Agent/ Contractor 2: First Name MI Last Name 1 t Mailing Address PO Box city State 1 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 491 - 8147 ext. ext. FAX No. Contractor # Street Address (A different from above) City State ZIP 8466 Caratoke Hwy., Bldg. 400 Powells Point NC 27966 - Email brubino@quible.com <Form continues on back> OCT 0 6 2015 DCM- MHn riTy 252-808-2808 .. t uuu -., .. .. .. �coastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for V " Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. p Craven Galloway Street 1609 Subdivision Name City State Zip None New Bern NC 28562 - Phone No. Lot No.(s) (d many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Man -Made Basin adjoining Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural SManmade []Unknown Duck Creek and Nauss River e. Is proposed work within city limits or planning jurisdiction? f. It applicable, list the planning jurisdiction or city limit the proposed SYes []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.) 4,739 ft Total Tract: 3,437,434; Project Area: 715,601 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 7.5' ❑NHW or SNWL e. Vegetation on tract Upland: Broomsedge, Bahia grass, Wax myrtle, Groundsel bush, Red cedar Wetland: Loblolly pine, wax myrtle, Black needle rush, marsh hay f. Man-made features and uses now on tract Boat basin \J� g. Identify and describe the existing land uses adiacent to the proposed project site. V US 17/55 right-of-way (bridge approach), residential, undeveloped, marina i In. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? C-3 Commercial (Attach zoning compliance certificate, if applicable) SYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. SYes ❑No ❑NA If yes, by whom? Brockington- according to review of former CAMA Major submission I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED OCT 0 6 2015 252-808-2808 :: 1-888-4RCOAST .-.. -. ..-.:coastalmalrageBn MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (if) 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. No existing wastewater treatment. City of New Bern Sanitary Sewer System connection is available. o. Describe existing drinking water supply source. No existing drinking water. Water supply is available by connection to First Craven Water Department public system. p. Describe existing stone water management or treatment systems. No existing storm water management system. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment SPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose is to create a full service marina facility with attendant services and activities including floating docks, dry stack storage, fuel service, sewage pumpout services and harbor masters office/ ship store. 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. Bull Dozer, back hoe, piling driving equipment, roller, paving equipment, etc. All equipment to be stored on -site (on land or on barge in existing boat basin) d. List all development activities you propose. Boat slips, docks (floating and fixed), boat launch, boat dry stack, office, driveways and parki g See narrative for detail ®Ir, e. Are the proposed activities maintenance of an existing project, new work, or both? New, will utilize existing basin. Tpis permit request is for the same scope of work that was permitted under CAMA Major 83-05 (expired 12131/2014). f. What is the approximate total disturbed land area resulting from the proposed project? 4.70 ❑Sq.Ft or SAcres 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. Minor surface runoff; there is a high density High Density Sate Stormwater Permit I. Will wastewater or stornwater be discharged into a wetland? []Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SNA j. Is there any mitigation proposed? []Yes []No [DNA If yes, attach a mitigation proposal. "ll OCT 0 6 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagementlefD CITY DCM- MH 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) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Jeanette E. Hunter and Jacqueline Lane Phone No. Address 130 Blueberry Ln., New Bern, NC 28560 Name NCDOT Phone No. Address P.O. Box 1587, 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 Major 83-05, issued 8/11/2015, expired 12/3l/2014 High Density SWMP, SW7050508, issued 5/19/05, expires h. Signed consultant or agent authorization forth, If applicable. I. Weiland delineation, if necessary. i j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property kwn4WIM k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the p lure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environme P lic ct. 1 7. Certification and Permission to Enter on Land I 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 Signature 1 Please indicate application attachments pertaining to your proposed project. I ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED OCT 0 6 2015 DCM- M H D �C'e P 252.808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 One dry stack storage building with associated parking, marina office, restrooms, fuel and sewage pumpout facility c. Density (give the number of residential units and the units per acre). 0 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (it) If yes, list the date submitted: Prior to land disturbance a SESCP will be aplied for and received. g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0.45% impervious project area within 75' AEC (3,194 sq.ft.) I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 14% impervious project area total (100,214 sq.ft.) j. Describe proposed method of sewage disposal. City of New Bern Municipal System I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 4.70 ac. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. concrete and asphalt h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ❑NA (it) If yes, list the date submitted: A high density penult (SW 7050508) for this marina is iryplaiv and valid until May 19, 2019. A change of ownership nathe transfer request has been submitted to NCDWR. l t. Have the facilities described in Item (1) received s♦ 46 I t approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentaticR EC E IVE D OCT 06 2015 DCM- MHD CITY 252-808-28082 :: 1-888-4RCOAST :: wwwmccoastalmanaaement.net revised: 12/26106 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) First Craven Water Department o. When was the lots) platted and recorded? June 2005 Date Project Name ;. J Applicant Name Applicant Signature n. (i) Will water be impounded? ®Yes []No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RECEIVED OCT 06 2015 DCM- MHD CITY 252.808-2808 :: 1.888.4RCOAST :: vv w.nccoastalmanagemen!_net revised: 12/26/06 If- TM193t`IMM, 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 ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Public/Government ❑Private/Community ®Yes ❑No c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes []No (ill Number 10 If yes: (ill) Length Pier B: 109'. Pier C: 109'. Pier E: 113', Pier F: (ill Number 126'. Main Floating Dock #1: 342'. Main Floating Dock #2: (ill) Length 731, Perimeter Fixed Dock # 1: 688'. Perimeter Fixed Dock (iv) Width #2: 1186'. Staoina Piers: 55' (v) Floating []Yes []No (iv) Width Pier B: 4', Pier C: 4'. Pier E: 4'. Pier F: 4'. Main Floating Dock #1: 8'. Main Floating Dock #2: 8'. Perimeter Fixed Dock # 1: 6'. Perimeter Fixed Dock #2: 6'. Staoina Piers: 4' (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes ❑No f. (1) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number 1 (ii) Number (ill) Length 15' (ill) Length (iv) Width 15' (iv) Width (v) Floating ®Yes []No Note: Rooted areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 105 ® Full service, including travel lift and/or rail, repair or (ii) Number of slips existing p Aw maintenance service 0 t Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 105 ' ® Dry storage; number of boats: 200 4 ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 1. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel sail boat Pleasure cruisers, open runabout []open water; no dredging required ®Other; please describe: Existing basin RECEIVED man-made OCT 0 6 2015 DCM- MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmana4ement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of a) k. Typical boat length: Varies: 20'-60' I. (1) Will the facility be open to the general public? ®Yes ®No m. (I) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of be pilings? 2. DOCKING FACIUMMARINA 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: 1 women's 1 men's; Location: Ship Store/ Office Building ® Showers ® Boatholding tank pumpout; Give type and location: N/A; No holding tank, pumpout will tie into site City wastewater system b. Describe treatment type and disposal location for all sanitary wastewater. City of New Bern c. Describe the disposal of solid waste, fish offal and trash. - On -Site Dumpster d. How will overboard discharge of sewage from boats be controlled? There will be a mobile pumpout station e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Two- One at the entrance to the marina on a piling at slip H-26, One at the pumport location at the end of the "E" Dock (it) Give the location and number of "Pumpout Available" signs proposed. Two- One at the entrance to the marina on a piling at slip H-26, One at the pumport location at the end of the "E" Dock f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No boat repair or service provided g. Where will residue from vessel maintenance be disposed of? Containers will be provide for normal trash, but no maintenance bays on -site h. Give the number of channel markers and "No Wake" signs proposed. 2 J I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. End of Dock E. The fuel system will be fully permitted and registed with NCDENR and will include a leak detection system. Associated with NCDENR registration will be a Spill Prevention Control and Countermeasures Plan. j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard OCT 0 6 2015 ECM- MHD CITY 252.808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagement.net revised: 12/27106 . Form DCM MP-4 (structures, Page 3 of 4) it. Describe design measures that promote boat basin Bushing? Marina is in an existing basin. No dredging is proposed, but if shaling does occur in thew future, the owner would apply for a maintenance dredge permit for safe navigation and to maintain proper flushing. I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A; This permit request is for the same scope of marina development permitted under CAMA major 83.05 (expired 12/31 /2014). 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 ❑SAV ❑SB ❑WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (it) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline 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 (if) Length (III) Width l� 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 �TnC^rC aapplic ble iL fYit� � a. uurosuucwiets/. u. NumDer ❑Commercial ❑Public/Govemment ❑Private/Community OCT 06 2015 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Formal DCM MP-4 (Structures, Page 4 of 4) c5e 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. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 270' 1,200' (Duck Creek Marina) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Duck Creek: 250'. Neuse River: 1.3 miles 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. d. Water depth at waterward end of structure at NLW or NWL varies: -6' to -12' relative to NWL 8. OTHER ❑ This section not applicable a. Give complete description: Boat Launch: 50' x 130' concrete for travel lift Walkways to Access Perimeter Piers: #1: 6' x 150', #2: 6' x 108% #3: 6' x 74', #4: 6' x 60' Gangways for Pier/Dock Access: 3 0 4' x 13' Date Project Name Applicant Name Applicant Signature RECEIVE[ OCT 0 6 2015 DCM- MHD C;,- y 252-808-2808 :: 1-888-4RCOAs7 :: wwwnccoastalmanaaement.net revised: 12/27/06 RECEIVED Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) OCT 26 2015 DCM- MHD CITY 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 ❑Public/Govemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (it) Number 10 (III) Length Pier B: 109'. Pier C: 109', Pier E: 113'. Pier F: 126', Main Floating Dock #1: 342'. Main Floating Dock #2: 731. Perimeter Fixed Dock # 1: 688'. Perimeter Fixed Dock #2: 1186'. Staaina Piers: 55' (iv) Width Pier B: 4'. Pier C: 4'. Pier E: 4'. Pier F: 4'. Main Floatina Dock #1: 8'. Main Floating Dock #2: 8'. Perimeter Fixed Dock If 1: 6'. Perimeter Fixed Dock #2: 6'. Staging Piers: 4' (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: III) Number 3 (III) Length 1 ® 15'. 2 @ 50' IN) Width 1 @ 15'. 2 0 8' (v) Floating ®Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 105 (ii) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ®Other; please describe: Existing man-made basin E] This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No d. (1) Are Finger Piers included? ®Yes []No If yes: (II) Number 49 (iii) Length 19 @ 60'. 7 @ 50'. 15 W 40'. 8 W 30' (iv) Width 4' (v) Floating ®Yes ®No 19 Fi-Aeo( i3oF�oat;�9 f. (1) Are Boatli#s included? ®Yes []No If yes: (it) Number (III) Length (iv) Width h. Check all the types of services to be provided- ® Full service, including travel lift and/or rail, repair or maintenance service ® Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 105 ® Dry storage; number of boats: 200 ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter !rats, sail boats, mixed types). sail boat Pleasure cruisers, open runabout 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-3 RECEIVED UPLAND DEVELOPMENT OCT 26 2015 (Construction and/or land disturbing activities) DCM- MHD CITY 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 One dry stack storage building with associated parking, marina office, restrooms, fuel and sewage pumpout facility, boat haul -out pad c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 0 4.70 ac. e. If the proposed project will disturb more than one acre of land, the I. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for Impervious surfaces. sedimentation control plan at least 30 days before land -disturbing concrete and asphalt activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA \ (if) If yes, list the date submitted: Prior to land disturbance a .t{ SESCP will be aplied for and received. g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stonnwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 5.47% impervious project area within 75' AEC (5,725 sq.ft.) ❑Yes ❑No ❑NA I. Give the percentage of the entire tract to be covered by impervious (if) If yes, list the date submitted: A high density permit (SW and/or built -upon surfaces, such as pavement, building, rooftops, 7050508) for this marina is in place and valid until May 19, or to be used for vehicular driveways or parking. 2019. A change of ownership name transfer request has 140% impervious project area total (100,214 sq.ft.) been submitted to NCDW R. j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local City of New Bern Municipal System approval? ®Yes ❑No ❑NA If yes, attach appropdate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stonnwater state (e.g., surface runoff, sanitary wastewater, industriall design? commercial effluent, "wash down" and residential discharges). ❑Yes ®No DNA Surface runoff If yes, attach appropriate documentation. 252.808-28082 :: 1-8884RCOAST :: www.nccoastaimanagemgnt.net revised: 12/26/06