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75-16 Pensacola Yacht Club LLC
NEW Permit Number 75-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X 'Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 ssued to Pensacola Yacht Club, LLC, c/o Timothy D. Powell,1708 US Hwy. 70 East, New Bern, NC 28650 Luthorizing development in Carteret County at entrance channel of Pelletier Creek, within a esignated USACE channel, in Morehead City, as requested in the permittee's application dated 5/19/16 including attached rorkplan dwgs. (3) Plan View (1) and Cross -Sectional (2) dated received at DCM MHC 5/20/16 and Peltier Creek (3) dated 6/13/13. 'his permit, issued on July 1, 2016 is subject to compliance with the application (where consistent iith the permit), at applicable regulations, special conditions and notes set forth below. Any violation of these terms may e subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the lualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Pensacola Yacht Club, LLC Permit No. 7M6 Page 2 of 3 ADDITIONAL CONDITIONS 4) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. Spoil Disposal 5) All excavated materials shall be confined above normal low water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. Maintenance Clause The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be'used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. >.9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) 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. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including authorization from the U.S. Army Corps of Engineers. OCM MP-1 APPLICATION for Yv` Major Development Permit (last revised 12f27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) PENSACOLA YACHT CLUB,LLC/TIMOTHY D. POWELL, AGENT PELLETIER CREEK Applicant 1: First Name MI Last Name TIMOTHY D POWELL 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 �NC 1708 US HIGHWAY 70 EAST NEW BERN ZIP Country Phone No. FAX No. 919- 255 - 0882 ext. - - 28650 USA Street Address (if different from above) City State ZIP 200 PENSACOLA AVENUE MOREHEAD CITY NC 28557 - Email TPW1840AOL.COM 2. Agent/Contractor Information RECEIVED Business Name BROOKS DREDGING JUN 01 2016 Agent/ Contractor 1: First Name BENTLEY MI Last Name BROOKS i� (' ���g �/� }� �j } C M— M "' CITY Agent/ Contractor 2: First Name MI Last Name Mailing Address 507 BAYVIEW DRIVE PO Box City HARKERS ISLAND State NC ZIP 28531- Phone No. 1 252 728 6886 ext. Phone No. 2 - ext. FAX No. Contractor k Street Address (if different from above) City State ZIP Email <Form continues on back> - F 2 ,' ,; ^,. j.Yih> q9(,f. .4.Y „s..no. -, i to d a3r..)_, ., Ll ...,at. Form'DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit IN 3. Project Location County (can be multiple) Street Address State Rd. # CARTERETCOUNTY WA- PELLETIER CREEK ACCESS WA Subdivision Name City �NC State Zip WA MOREHEAD CITY 28557 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 WHITE OAK RIVER BASIN PELLETIER 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. RNatural ❑Manmade ❑Unknown BOGUE SOUND 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. MOREHEAD CITY, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) WA N/A c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N W L (normal water level) (if many lot sizes, please attach additional page with a list) ❑NHW or ©N WL e. Vegetation on tract WA I. Man-made features and uses now on tract RECEIVED MAY 2 0 2016 WA g. Identify and describe the existing land uses adjacent to the proposed project site. DC7�/7aa yy' i4"l8 p T H Ivry ��dJ i 4700 SHORE DRIVE, MOREHEAD CITY, NC 28557 - PRIVATE RESIDENCE 4407 CORAL POINT DRIVE MOREHEAD CITY, NC 28857 - PRIVATE RESIDENCE h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ©NA N/A j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes QNo k. Hasa professional archaeological assessment been. done for the tract? If yes, attach a copy. []Yes [:]No RNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No RNA National Register listed or eligible property? <Form continues on next page> y 2G2..110ia. fC<3 .. ... ,; n- xi4: r4;6 'f nay, ,, .,.rciC� I! nan-a en'S. vl n Form.DCM MP-1, (Page 3 of 4) APPLICATION for Major Development Permit T 1 m. Q) Are there wetlands on the site? []Yes RNo (ii) Are there coastal wetlands on the site? ❑Yes ®Nd (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. NONE o. Describe existing drinking water supply source. NONE p. Describe existing storm water management or treatment systems. NONE 5. Activities and Impacts a. Will the project be for commercial, public, or private use? MCommercial ❑PubliclGovernment ❑Privateloommunity b. Give a brief description of purpose. use, and daily operations of the project when complete. IT IS OUR INTENT TO REMOVE SILT AND SAND BUILT UP FROM THE ENTRANCE TO PELLETIER CREEK, WHICH IS CLASSIFIED AS A HARBOR OF REFUGE. THIS PROCESS WILL ALLOW FOR INGRESS AND EGRESS OF APPR. 400 OR MORE BOATS. 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. THE REMOVAL OF 3,000 CUBIC YARDS OF MATERIAL WILL BE DONE BY USE OF AN EXCAVATOR, AND BARGE TO BE HAULED AWAY BY TRUCK d. List all development activities you propose. NIA MAY 2 a 2016 e. Are the proposed activities maintenance of an existing project, new work, or both? �a WA D Cp I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres WA 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. WA is Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No 2NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? [-]Yes ❑No ❑NA It yes, attach a mitigation proposal. <Form continues on baclt> 1 TY . ...-S - ..., ..._ .•ec ,, .D .�. ^. � .. ,.v.nr.- a<ss al-. � y��-� <�4 FOfm.DCM MP-1, (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and'cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? It previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with slate 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 DENA. 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 Phone No. Address Name Phone No. Address 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. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, it necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certi that the information provided in this application is truthful to,, eY est of my knowledge. Date Print Name —, r � Signature Please indicate application attachments pertaining to your proposed project. pDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information MAY 2 0 2016 rLI'M- MHO CITY J K - tl ) .. 1 6,4 , , ... .,. T 'f , v., ri L l i t •: , 1' 1 1 0 A G .. , , .. 1 CC? Form DCM MP-2 ,^''EXCAVATION and FILL i .xcept for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length WA WA WA WA WA WA approx. 200 yards Width approx. 30 feet WA WA WA WA WA WA Avg. Existing WA NA NA Depth 3 Feet WA WA N/A Final Project NA NA Depth 6 Feet Maximum WA WA WA WA - 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. SILT/SANDY SUBSTITUTE 3000-UBIC YARDS c. (1) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the NONE number of square feet affected. []CW ❑SAV ❑SB OWL MNone (ii) Describe the purpose of the excavation in these areas: TO ALLOW FOR INGRESS AND EGRESS TO PELLETIER CREEK 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. DER BY CONTRACTOR c. (i) Do you claim title to disposal area? ❑Yes (ENO ❑NA (ii) If no, attach a letter granting permission from the owner TRUCKED AWAY e. (i) Does the disposal area include any 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 (7None (if) Describe the purpose of disposal in these areas: ❑This section not applicable of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes RlNo ❑NA (ii) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ®No ❑NA (it) If yes, how much water area is affected? itm ' Vr DI MAY 2 0 2016 f)C""- M H D GI 1 Y , k4)rY,' 6?111ji ?'W-2 end i:ifi, Po .. .. „> 2: Cs 3. SHORELINE STABILIZATION EZThis section not applicable (if development is a wood groin, use MP-4 — Structures) a. TVDe of shoreline stabilization: b. Length: (es-'', .❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑OtherWidth: C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill _ Other _ i. Source of fill material. I. (i) Has there been shoreline erosion during preceding 12 months? []Yes [-]No ❑NA (if) It yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ©This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill suomergeo aquatic veyeration tarty). Snell wuunl too), ul other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL [-]None (ii) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? SPOILAGE IS TRUCKED AWAY TRACKHOE, BARGE, DUMP TRUCKS c. (i) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. Date PELLETIER CREEK DREDGE roject Name d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ONO []NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. PENSACOLA YACHT CLUB, LLC (TIMOTHY D. POWELL, AGENT) Appli Names-,, 1 °ZZIVP Applicant Signature ii 2C�0 1T I n � y J . � w L ro -0 ON f"\ so I JF @f ``4jj tid{** RX'K v+'/�rR C•xW tii.� k321S FWi� Ein?f rit+n �s*a aJkz tu;x l+E� , {(.� d `N `t e �1` a, fin ■ REQUIRE) DEPTH VARIES MAY 2 6 2016 � � 1r CITY R DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Peletier Creek Maint. Excavation, Pensacola Yacht Club, LLC 2. LOCATION OF PROJECT SITE: The entrance channel of Pelletier Creek and within a designated USCOE channel, Carteret County Photo Index - 2000: 41-522 O-Q (10) 2006: 41-8040 J (15) State Plane Coordinates - X: 2666909.1 Y: 362298.9 LAT 34043'29.94 LON 76046'49.11 INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/1/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 5/20/16 Application Complete- 6/1/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP — Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — none (F) Type of Structures: Existing — N/A Planned — maintenance excavation of existing entrance USACOE channel to Peletier Creek (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (D) Total Area Disturbed: 18,000ft? (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. 9. Narrative Description: The Pensacola Yacht Club, LLC, project is located off highway 70 East in Morehead City, Carteret County. The project area can be found via several different roads, i GS Field Investigation Pensacola Yacht Club, LLC Page 02 however, the easiest viewing location is found by turning south off of Highway 70 East in Morehead City onto Mansfield Parkway (next to Kmart). Follow Mansfield Parkway to the end and turn left onto South Shore Drive. There is a private residence at the very end of this road, however there is an undeveloped private lot at the corner of Shore Drive and Tennessee Ave. that overlooks Bogue Sound. The Peletier Creek entrance is located to the east of this area. The subject area serves surrounding single family residences as well as surrounding businesses. The entrance channel to Peletier Creek is a USCOE designated channel with Peletier Creek designated as a Harbor of Refuge. According to the USACOE, this area was excavated in 2001 and 2008. The water depths in the area to be excavated currently range from -1'nlw to -3' nlw, depending on location, with a connecting water depth of -6' or greater. The Division of Water Resources classifies this area as SB Waters. This part of Bogue Sound is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Morehead City Land Use Plan certified in 2007 classifies this area as Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single- family homes to the east and the west of the project location. 10. Project Description: The Pensacola Yacht Club, LLC is proposing to maintenance excavate the existing USACOE entrance channel to Peletier Creek. The existing water depths within these areas range from -F to -3' NLW depending on location. The connecting water depths at the channel entrance are -6'NLW or greater. A total of approximately 3,000 cubic yards of material would be removed from the main channel area with an excavation area of 30' x 600' to 900'. The final depth for the entrance channel would be -6' NLW. The excavation would be done by bucket to barge and -taken offsite to a preapproved spoil location. Per the applicant, the excavation of this area is necessary due to approximately 400 boats or more using this area throughout the year. 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 18,000 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. HEATHER STYRON Morehead City June 2, 2016 IN 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 (it applicable) PENSACOLA YACHT CLUB, LLC/ TIMOTHY D. POWELL, AGENT PELLETIER CREEK Applicant 1: First Name MI Last Name TIMOTHY D POWELL 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 1706 US HIGHWAY 70 EAST NEW BERN NC ZIP Country Phone No. FAX No. 919- 255 - 0882 ext. - - 28650 USA Street Address (if different from above) State 200 PENSACOLA AVENUE [Ci� OREHEAD CITY NC 7 - T Email TPW184®AOL.COM 2. AgenWontractor Information RECEIVED Business Name BROOKS DREDGING JUN 01 2016 Agent/ Contractor 1: First Name BENTLEY MI Last Name BROOKS DC M- M H D CITY Agent/ Contractor 2: First Name MI Last Name Mailing Address 507 BAYVIEW DRIVE PO Box City HARKENS ISLAND State NC ZIP 28531 Phone No.I 252 728 68% ext. Phone No. 2 - - ext. FAX No. Contractor 8 Street Address (if different from above) City State ZIP Email <Form continues on back> - .. www.nCconstalmanagement. net, rForm DCM MP-t (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # CARTERET COUNTY WA - PELLETIER CREEK ACCESS WA Subdivision Name City �Nc State Zip WA MOREHEAD CITY 28557 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 WHITE OAK RIVER BASIN PELLETIER 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. ONatural ❑Manmade ❑Unknown ROGUE SOUND e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. MOREHEAD CITY, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) WA WA c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N W L (normal water level) (if many lot sizes, please attach additional page with a list) ❑NHW or ®NW L e. Vegetation on tract WA I. Man-made features and uses now on tract RECEIVED MAY 2 0 2016 WA g. Identify and describe the existing land uses adiacent to the proposed project site. DCM- MHD CIT 4700 SHORE DRIVE, MOREHEAD CITY, NC 28557 _ PRIVATE RESIDENCE 4407 CORAL POINT DRIVE MOREHEAD CITY, NC 28857 - PRIVATE RESIDENCE It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) WA ❑Yes ❑No RNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No RNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No RNA National Register listed or eligible property? <Form continues on next page> 11 Forrp.DCM MP-1 (Page 3 of 4) Y APPLICATION for Major Development Permit V m. (i) Are there wetlands on the site? ❑Yes RNo (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) It yes to either (i) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. NONE o. Describe existing drinking water supply source. NONE p. Describe existing storm water management or treatment systems. NONE 5. Activities and Impacts a. Will the project be for commercial, public, or private use? @Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. IT IS OUR INTENT TO REMOVE SILT AND SAND BUILT UP FROM THE ENTRANCE TO PELLETIER CREEK, WHICH IS CLASSIFIED AS A HARBOR OF REFUGE. THIS PROCESS WILL ALLOW FOR INGRESS AND EGRESS OF APPR. 400 OR MORE BOATS. 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. THE REMOVAL OF 3,000 CUBIC YARDS OF MATERIAL WILL BE DONE BY USE OF AN EXCAVATOR, AND BARGE TO BE HAULED AWAY BY TRUCK d. List all development activities you propose. RECEIVE WA MAY $ 0 201 e. Are the proposed activities maintenance of an existing project, new work, or both? WA DC I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres WA 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. WA L Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No [ANA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> :D ITY s 1=ormACM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit C5 6. Additional Information In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 Phone No. Address Name Phone No. Address 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. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. lithe project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land J 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 1 am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certi that tthe information provided in this application is truthful to'Dest of my knowledge. Date _1Ali /�! /r/. S'1 Print Name % ,*' t'I „ it r / I Signature Please indicate application attachments pertaining to your proposed project. ODCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED MAY 2 0 2016 DCM- MHD CITY -. 5;<-9i:o-kS;U �.u3.i-411'[06a7 ar 'r� w. n o n c. a v t a l to a n a u e f" C� Form DCM MP-2 EXCAVATION and FILL Kcept for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length WA WA WA WA WA WA approx. 200 yards Width approx. 30 feet WA WA WA WA WA WA Avg. Existing WA NA NA Depth 3 Ft WA WA WA Final Project L6F10:MW11117U1 NA NA Depth WA WA WA WA - 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 30*UBIC YARDS c. (i) Does the area to be excavated include 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 (ONone (ii) Describe the purpose of the excavation in these areas' TO ALLOW FOR INGRESS AND EGRESS TO PELLETIER CREEK ❑This section not applicable b. Type of material to be excavated. SILT/SANDY SUBSTITUTE d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. DEF. BY CONTRACTOR c. IQ Do you claim title to disposal area? ❑Yes allo ❑NA (ii) If no, attach a letter granting permission from the owner. TRUCKED AWAY 711 d. (i) Will a disposal area be available for future maintenance? ❑Yes ONo ❑NA (ii) If yes, where? is, (i) Does the disposal area include any coastal wetlands/marsh I. (OW), 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 2None (it) Descdbe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? ❑Yes 2No ❑NA (ii) It yes, how much water area is affected? MAY 2 0 2016 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: reviseO 1z't. ,,- Form DCM MP-2 (Excavation and fill. Pa,ee f 0 2, CS 3. SHORELINE STABILIZATION 0This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width'. _ Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other i. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES El This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? SPOILAGE IS TRUCKED AWAY c. (i) Will navigQational aids be required as a result of the project? ❑Yes L✓JNo ❑NA (if) If yes, explain what type and how they will be implemented. Date PELLETIER CREEK DREDGE roject Name suomergea aquatic vegetation IoAvl. snea uoaom laof, or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (if) Describe the purpose of the till in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? TRACKHOE, BARGE, DUMP TRUCKS d. (i) Will wetlands be crossed in transporting equipment to project site? Dyes ONo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. PENSACOLA YACHT CL B, LLC (TIMOTHY D. POWELL, AGENT) Appl' time RECEIVED Applicant Signature MAY 2 0 2016 DCM- MHD CITY ,c N;3-25i'--�;.i�88KuRCGRS(ar.wweacx aa,tatrnr;.e:�2E•ns�:rs..,v.^t revrtiud���?2a,.-. e,YA 1p" 1Yeat Canere, Y t IIiUh J'Chcta) r. ti:urrs ;Pft••• ,,011?Wb Ad _. - f"mMway \ - _ �,Mpprty tenter J1W^nv Map r W r— o � N Q W 2 U UJ > gr � yP •Ft Uxlad JI r '— ! ti !F Na•YIY„n Poxeatmn fld atamatirn Rtl 3 a3 a v c a *70 &,yam Pine St �g West m irq `ST Syl (j'lISId�M1 AxP. 3 2 4) �R y .F+IFIe4 MFaI;h CMC Z .. Suurs� Ilamptnn lna - ±✓ Areft(} alt St f G •i t.W1Mea9 fley as° Comralirry 1 enege + , rl w > o Lij U a .117'f:E "'O.tte u ram' � W � U 0 N US Army Corps of Engineers wammgmo D.M-1 NORTH CAROLINA PELTIER CREEK Typical Section Loss SeCT'l ■ o «r %aw m� F"c'L"iil REQUIRED T DEPTH 1, VARIES J NOT TO SCALE RECEIVED MAY 2 0 2016 DCM- MHD CITY E HYDROGRAPHIC SURVEY _j'-U 1.1 M�tO�TE NEI - 13 PELTIER CREEK I e "? El .14 1 !7 XV p oo,Ste-earth A F 0 RECEIVED JUN 01 2016 DCM_ MHD CITY i Ebb b - 9-CL —;rS -C Cs Project Narrative It is our intent to remove silt and sand buildup from the entrance to Pelletier Creek, which is classified as a harbor of refuge. This process will allow for ingress and egress of approximately 400 or more boats that are now'stuck in the mud: This channel has not been made passable for approximately 20 years for boats seeking refuge or those boat owners that have dockage in the creek. At present there is approximately 1 foot of water in some areas of the channel. We would like to remove approximately 3,000 cubic yards of material by use of an excavator and barge to be hauled away by truck. This project is intended to meet the specifications and approval of the Army Corps of Engineers and CAMA. RECEIVED MAY 2 0 2016 DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT f' I hereby certify that I own property adjacent to Pensacola Yacht Club, LLC ,s (Name of Property Owner) property located at 200 Pensacola Avenue (Address, Lot, Block, Road, etc.) on (Waterbody) (City/Town and/or County) N.C. The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) It Is our Intent to remove silt and sand buildup from the entrance to Pelletier Creek, which is classified as a harbor of refuge. This process will allow for ingress and egress of approximately 400 or more boats that are now 'stuck in the mud.' This channel has not been made passable for approximately 20 years for boats seeking refuge or those boat owners that have dockage In the creek. At present there Is approximately 1 foot of water in some areas of the channel. We would like to remove approximately 3,000 cubic yards of material by use of an excavator and barge to be hauled away by truck. This project is intended to meet the specifications and approval of the Army Corps of Engineers and CAMA. 'SEE ATTACHED MAP RECEIVED MAY 2 0 2016 WAIVER SECTION DCM- MHD CITY I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Signature Pensacola Yacht Club Print or Type Name 1708 US Highway 70 E Mailing Address New Bern, NC 28650 City/State/Zip 919-255-0882 Telephone Number/email address Date Signature* petty Perkins Morey Print or Type Name 4700 Shore Drive Mailing Address Morehead City, INIC 28557 City/State/Zip Telephone Number/email address Date* *Valid for one calendar year after signature* (Revised Aug. 2014) a Project Narrative It is our intent to remove silt and sand buildup from the entrance to Pelletier Creek, which is classified as a harbor of refuge. This process will allow for ingress and egress of approximately 400 or more boats that are now'stuck in the mud: This channel has not been made passable for approximately 20 years for boats seeking refuge or those boat owners that have dockage in the creek. At present there is approximately 1 foot of water in some areas of the channel. We would like to remove approximately 3,000 cubic yards of material by use of an excavator and barge to be hauled away by truck. This project is intended to meet the specifications and approval of the Army Corps of Engineers and CAMA. 4R' Ly : . - RECEIVED MAY 2 0 2016 DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT a I hereby certify that I own property adjacent to Pensacola Yacht Club, LLC ,s (Name of Property Owner) property located at 200 Pensacola Avenue (Address, Lot, Block, Road, etc.) on Pelletier Creek in Morehead City N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. / / ° /' J I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) It is our intent to remove silt and sand buildup from the entrance to Pelletier Creek, which is classified as a harbor of refuge. This process will allow for ingress and egress of approximately 400 or more boats that are now 'stuck in the mud.This channel has not been made passable for approximately 20 years for boats seeking refuge or those boat owners that have dockage in the creek. At present there is approximately 1 foot of water in some areas of the channel. We would like to remove approximately 3,000 cubic yards of material by use of an excavator and barge to be hauled away by truck. This project is intended to meet the specifications and approval of the Army Corps of Engineers and CAMA. 'SEE ATTACHED MAP WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.)RECEIVED I do wish to waive the 15' setback requirement. JUN 0 1 2016 I do not wish to waive the 15' setback requirement. 7— DrM- MHD CITY (Property Owner Information) (Adjacent Property Owner Information) � / Sig nut are Si; nut m- Pensacola Yacht Club petty Perkins Morey Print or Type Name Print or Type Name 1708 US Highway 70 E 4700 Shore Drive Mailing Address Mailing Address New Bern, -NC 28850 Morehead City, NC 28557 City/State/Zip City/S t x- _ q 6 I G " `� 211255-0882 /'+ (j 1 Telephone Number/email address Telephone Number/email address a O - / --- Dare Dare' (Revised Aug. 2014) 'Valid for one calendar year after signature' Permit Number 75-16 X STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission err�it for Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Pensacola Yacht Club, LLC, c/o Timothy D. Powell,1708 US Hwy. 70 East, New Bern, NC 28650 Authorizing development in Carteret County at entrance channel of Pelletier Creek, within a designated USACE channel, in Morehead City, as requested in the permittee's application dated 5/19/16 including attached Plan View (1) and MHC 5/20/16 and Peltier Creek (3) dated 6/13/13. is permit, issued on July 1, 2016 , is subject to compliance with the application (where consistent th3he permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) . Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 7 3). The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action maybe appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the ,,qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. '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 no o. ►a �i nnin In issuing this permit, the State of North Carolina agrees that our project is consistent with the North Carolina Coastal i.anagement Program. li lj g r Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Yacht Cluli, LLC Permit No. 75-16 ' ' Page 2 of 3 ADDITIONAL CONDITIONS Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. Spoil Disposal All excavated materials shall be confined above normal low water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. Maintenance Clause The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. =? C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 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. 1) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. JUTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including authorization from the U.S. Army Corps of Engineers. r- :. N.C. DIVISION OF COASTAL MANAGEMENT (e> AGENT AUTHORIZATION FORM Date 5- kCA 1 LP Name of Property Owner Applying for Permit: Mailing Address: L I certify that I have authorized (agent) ' `\ to act on my behalf, for the purpose of applying for and obtaining all LAMA Permits necessary to install or construct (activity) at (my property located at) r mmaJal � S1 R This certification is valid thru (date) 5 ' ZU- RECEIVED MAY 2 0 2016 DCM- MHD CITY IQ Pensacola Yacht Club, LLC 1708 US Highway 70 E New Bern, NC 28650 To Whom It May Concern: Pensacola Yacht Club, the entity applying for a CAMA Major Development Permit Application for improvements in the Pelletier Creek Channel do recognize Timothy D. Powell as the authorized agent for this project. Kimberly El ' tt Registered gent, Pensacola Yacht Club, LLC rTimothy D. Powell Member Manager, Pensacola Yacht Club, LLC cS Date Date RECEIVED MAY 2 0 2016 DCM- MHD CITY 0 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Pensacola Yacht Club, LL .s (Name of Property Owner) property located at 200 Pensacola Avenue (Address, Lot, Block, Road, etc.) on o n b Qr999 in Morehead City , N.C. rwaterhncivl (Cltyrrown and/or County) The applicant has described to me, as shown below, the development proposed at the above location.i I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) n Is car Intent to remove alit ano sand h0dup from the entrance to Pelletier Credit, wlJch is classified as a hiscor of refuse. The process will allow for ingfess and effete of approximately am or more hands that arc Mer'.tuck in the mud.' Thischan nelhas not heen made a pteins for approximately 20 year. for boats wend., Pits, Or thou boat owner the' have dockage in the creek. At present Mere is eppPerjoh ey 1 foot of wale, In same areas of the channel. We would like to remove approximately 3.W cudc yards of material by uu of an excartlor and home In Its, hauled awry by Vuck. That Project Is intended to meet Me specifications and approval of the Army Carps at EnflnaMe and CAMP. 'SEE AT ACMED MAP WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) _[—,-' I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature EvIluallijAnLQ11.111 Print or Type Name 1T0a US Hl Ica y_ZQ E Mailing Address New Bern NC 2ar250 City/State2ip Telephone Number/email address 'Valid for one calendar year after signature' (Adjacent Property Owner Information) qn L 'Ctiaaja� Gr7L Signurure• James McCotter Print or Type Name P.O. Box 12951 Mailing Address New Bem• NC 265a1 city/state/Zip Z52&ae- M Telephone Number/email address -5'/Z'9 /22o/F Dnlee (Revised Aug. 201gV,� ''�iTN"ArA ^ ^, veD N Ju l0 d cti%. 1 2016 MN® CST Y ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Pensacola Yacht Club, LLC ,s (Name of Property Owner) property located at Inn Pensacola Avenue (Address, Lot, Block, Road, etc.) on Pelletier Creek in Morehead City I N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) It is our Intent to remove silt and sand buildup from the entrance to Pelletier Creek, which is classified as a harbor of refuge. This process will allow for Ingress and egress of approximately 400 or more boats that are now'stuck In the mud: This channel has not been made passable for approximately 20 years for boats seeking refuge or those boat owners that have dockage In the creek. Al present there Is approximately 1 foot of water In some areas of the channel. We would like to remove approximately 3,000 cubic yards of material by use of an excavator and barge to be hauled away by truck. This project is intended to meet the specifications and approval of the Army Corps of Engineers and CAMA. 'SEE ATTACHED MAP RECEIVED MAY 2 0 2016 WAIVER SECTION ��_��H I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, rry CITY must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Signature Pensacola Yacht Club Print or Type Name 1708 US HigtwAy 70 E Mailing Address New Bern, NC M9 Clty/State/Zip Telephone Number/email address Date .Signature * James McCotter Print or Type Name P.O. Box 12951 Mailing Address tom, NC M- City/State/Zip Telephone Number/email address (Revised Aug. 2014) *Valid for one calendar year after signature* Coastal Management ENVIRONMENTAL QUALITY July 12, 2016 Pensacola Yacht Club, LLC c/o Timothy Powell 1708 US Hwy 70 East New Bern, N.C. 28650 Dear Sir or Madam: PAT MCCRORY Gavemor secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 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 �ncerely, ° 10 Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Nothing Compares�� State of Nordi Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DCM Coordinator:Permit #: rS'� '^ �M,,AlI�LING DISTRIBUTION SHEET /� S Permitee: IG( kck1ffi&, u.G Agents:_ :LA�-� DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARD) DCM/ . Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401' DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:- nr- Z_6 3( Project Narrative It is our intent to remove silt and sand buildup from the entrance to Pelletier Creek, which is classified as a harbor of refuge. This process will allow for ingress and egress of approximately 400 or more boats that are now'stuck in the mud.' This channel has not been made passable for approximately 20 years for boats seeking refuge or those boat owners that have dockage in the creek. At present there is approximately 1 foot of water in some areas of the channel. We would like to remove approximately 3,000 cubic yards of material by use of an excavator and barge to be hauled away by truck. This project is intended to meet the specifications and approval of the Army Corps of Engineers and CAMA. RECEIVED MAY 2 0 2016 DCM- MHD CITY 6 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Pensacola Yacht Club, LLC County: Carteret LOCATION OF PROJECT: The entrance channel of Pelletier Creek and within a designated USCOE channel. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6/1/16 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Heather Styron DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 6/2/16 PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED jTO: Courtney Spears C) 75 DAY DEADLINE: g MAIL OUT DATE: 6/2/16 10110:11YAa1111a117A1:9 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: No To Be Forwarded: Yes DISTRICT OFFICE: Morehead City FEE REC'D: $400.00 (100%) END OF NOTICE DATE: 6/25/ 16 DEED REC'D: No ON: 6/2/16 150 - DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS. YES NO NOI ES Coastal Management - Regional Representative (l iL / - 1L Coastal Managemeol- LUP Consistency Demrminetion 1tfie (i x 1,sl tm-t. J�•(,^a �� (It� Division of Community Assistance n,� �C 1 V f ws r Wa v no to DEMLR-Lmd Quality Section Division of Water ResourcesJ01 x '/� O ��T W .1/� %Ll it / / / ��(, ' N� �� 4/�'✓ YN DEMLRStorm Water Management • D��b State Property Office b rowlWOdl Division of Archives & History //n (Pity '^ C 1 1 .Y1n^ DMF-Shellfish Sanitation C� Y _ co DWR-Pubuc Water Supply � 2l X nt7 0� Division of Highways Wildlife Resources Commission Local Permit Office DCM-Fisheries Resource Specialist Corps of Engineers uT 1A.pa" ljuwv�aA <t {- m PAT MCCRORY µ p DONALD R. VAN DER VAART Seuvan BRAXTON DAVIS ENV!@4Nta VTNLgLVUT,Y r June 2, 2016 lfl MEMORANDUM: iO TO: Renee Gledhill -Early NC Department of Cultural Resources, FROM: Courtney Spears 40- G�atlie, Major Permits Processing Coordinator SUBJECT`. CAMA/DREDGE,& FILL Permit. Application Review Applicant: '' . Pensacola Yacht Club, LLC Project Location: Carteret County, at the entrance channel of Pelletier_ Creek within a designated USCOE'ehannel. Propt> ed,Project: Proposes to maintenance excavate the existing USCOE channel along.the entrance of Peletier Creek in Morehead City.. Please indicate:below your agency's position or viewpoint on the proposed project and return this form by June.22, 2016.'If you have any questions regarding the proposed project, please contact•Heather;Styron, ,, Permit officer at (252)808-2808. Ext. 216: When appropriate, in-depth comments with supportingdata is requested.., REPLY: This agency=has no objection to the:project as proposed. This agency has no comment on the proposed project. ` I This agency ,approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the projectfor;reasons described in the attached continents. SIGNED K t ��QUktL)Ot ' C DATE Stat 40O CmhmCaroroliAnae}...jMoceae6uetaadlbty. NyC�28557l Mamgement JUN o 7 20 96 252-808-28681252-247-3330(fax) Coastal Management ENVIRONMENTAL QUALITY June 2, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED JUN 06 2016 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Courtney Spears Major Permits Processing Coordinator PAT MCCRORY Ooveouv DONALD R. VAN DER VAART seembvr CAMA/DREDGE & FILL Permit Application Review Pensacola Yacht Club, LLC BRAXTON DAVIS DIremr Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 � � DATES/7114 RECEIvr—D JUN 13 ,, i CS -5--' Nothing Compares,, DCM- State of North Carolina I Environmental Quality I Coastal Ma ge=ot 400 Commerce Avenue I Morehead City, NC 28557 25M08-28081252-247-3330 (fax) PAT MCCRORY Oae,ur 'a DONALD R. VAN DER VAART seeralan BRAXTON DAVIS Coastal Management Direttnr ENVIRONMENTAL QUALITY ECEIVE JUN 0 6 2016 June 2, 2016 BY: MEMORANDUM: TO: Georgette Scott Division of Energy, Mineral, & Land Resources p FROM: 1./� � Courtney Spears RECEIVED Major Permits Processing Coordinator JUN 2 0 2016 SUBJECT: CAMA/DREDGE & FILL Permit Application Review D C M- M H D CITY Applicant: Pensacola Yacht Club, LLC Project Location: Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: _I.Ais 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 DATES / b -'Nothing Compares..-,.,.... State of North Cmolioa I Enviroomeotal Quality I Coastal Management 400 Cummace Avenue I Morehead City, NC 28557 2SM08-2808 252-247-3330(fax) 09 PAT MCCRORY Gmenur Frµ DONALD R. VAN DER VAART ' Secrcfm' BRAXTON DAVIS Coastal Management orrecmr ENVIRONMENTAL OVALM zb 06 ,?ov June 2, 2016 MEMORANDUM: TO: Dan Sams Division of Energy, Mineral & Land Resources FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Pensacola Yacht Club, LLC Project Location: Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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. rKA This agency objects to the project for reasons described in the attached comments. !� SIGNED ` )ter— e� DATE N RECEIVED JUN 2 0 2016 -^"Otbtng Compares..-.,,,,.. DCM- M I-! Ca CITY State of North Carolina I Environmental Quality I Coastal Mamgement 400 Commerce Avenue I Moorhead City, NC 28557 252-808-2808 1252-247-3330 (fix) PAT MCCRORY Gorcrno� DONALD R. VAN DER VAART .5'e a.,, Coastal Management 6NVIRDNNENTAL QUALITY June 2, 2016 MEMORANDUM: TO: Rachel Love-Adrick Division of Coastal Management FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Pensacola Yacht Club, LLC BRAXTON DAVIS Direct. Project Location: Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. StECWPEN T5' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. oN cts to the project for reasons described in the attached comments. SIGNED _DATE( ZOI �Nothing Compares..1.,.. State of North Carolina 1 Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-868-2808 252-247-3330(fax) �S PAT MCCRORY Govenmr a DONALD R. VAN DER VAART S"'Ian " BRAXTON DAVIS Coastal Monagemen t Director ENVIRONMENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management SUBJECT: Major Permit Request by Pensacola Yacht Club, LLC maintenance excavation of a USACOE channel along the entrance of Peletier Creek in Morehead City, Carteret County, North Carolina. Date: June 6, 2016 Y ` Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead City Land Use Plan certified by the CRC on September 28, 2007. Overview: The subject property is located off highway 70 East in Morehead City. The proposed project excavation site is located at the USACOE channel entrance to Pelletier Creek off of Bogue Sound. According to the USACOE the site was excavated in 2001 and 2008. The project proposes to excavate approximately 3,000 cubic yards from the main channel area of 30' x 600' to 900'. Existing water depths at the site range from -1' to -3' NLW depending on location, proposed finalWaterdepth is -6' NLW. Areas of Environmental Concern (AEC) include Public Trust Area and Estuarine Water. This portion of Bogue Sound is classified as SB (Primary Recreation, Salt Water). This area of Bogue Sound is not designated as a Primary Nursery Area and is closed to the taking of shellfish. No Submerged Aquatic Vegetation (SAV) habitat or shellfish resources were found at the site. A review of historic and archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: an increase in turbidity and cause approximately 18,000 ft2 of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils will be barged and offloaded to a pre -approved site. Basis for Determination: The Town of Morehead City Future Land Use Map (FLUM) designates all estuarine waters as "Conservation/Open Space". The project appears consistent with the Future Land Use designations. < -' Nothing Compares State of North Carolina 1 Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-29081252-247-3330 (fax) cy North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 The following LUP policies may be applicable to this request: Areas of Environmental Concern (4.2.6, P. 94) Policy 1: "The Town of Morehead City supports state and federal law regarding land use and development in AECs". Policy 5: "...supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207". Nothing Compares..-..., State of North Carolina I Envirm m mal Quality I Coastal Management 400 Commerce Avenue 1 Morehead City, NC 28557 252-808-29081252-247-3330(fax) PAT MCCRORY Onvenua 1 DONALD R. VAN DER VAART Scrrcfmy Coastal Management ENVIRONMENTAL QUALITY June 2, 2016 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Pensacola Yacht Club, LLC BRAXTON DAVIS Dtrectnr Project Location: Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 'e ""o - /i:;;� RECEIVED JUN 13 2016 Nothing Compares� Smm of North Carobw I Environmental Quality I CoesW Managemeot D C M - M H D CITY 400 Commerce Avenue I Morehead City, NC 28551 252-808-28084 252-247-3330 (fax) 6 PAT RY k D• • BRAXTON DAVIS Coastal Management Dlceiar 6NVIRONMBNTAL.mUALITY RECEIVED JUN072616 DCM=klehedra June 2, 2016 WAgo MEMORANDUM: TO: Shane Staples or Gregg Bodnar Division of Coastal Management FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Pensacola Yacht Club, LLC Project Location: Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Proposes to. maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This.agency has no objection to the project as proposed. his 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 otmng' Comparea� Smte ofNoeL CMUM 16nvironmentoi Qo my I Comt3i Danwment 400 Com = Avenue I Mmbnd City, NC 28557 252.868-28081252-247-3330 (Az) PAT MCCRORY DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM fisheries Resource Specialist SUBJECT: Pensacola Yacht Club, LCC DATE: 6/20/16 �. cn:rrrl. BRAXTON DAVIS A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to perform maintenance excavation within an existing USACE navigation channel at the mouth of Peletier Creek in Morehead City. The proposed channel dimensions are 30' x 600' to 900' depending on location to a final depth of -6'NLW (normal low water). This area was lest dredged by the USACE in 2008 and currently depths in the project area range from -1' to -3' NLW. The area is not a designated primary nursery area and no SAV (submerged aquatic vegetation) exists within the project footprint. Although no SAV exist within the project footprint there are significant SAV beds to either side of the proposed excavation. Increase turbidity and sedimentation expected within the project area could negatively effects these SAVs if work were to be completely during the growing seasons for SAV. The same conditions could also hinder the use the area by fish and shellfish. To protect these resources during the warmer months when biological activity is at its peak it is recommended that the project adhere to a dredging moratorium from April 1 until September 30. Work being completed outside of this timeframe should have less potential for negative effects to the marine resources in the project area. Contact Shane Staples at (252) 948-3950 or shane.staoles(&ncdenr.Qov with further questions or concerns. !i'Nothing Compares State of Nosh Carolina I Pmi ental Quality I Coastal Maoagemmt Address 1 I Addrosv 2 1 City, State ZIP 000 000 0000 T ter- r:a r: Coastal Management ENVIRONMENTAL QUALM June 2, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY DONALD R. VAN DER VAART Serrclan BRAXTON DAVIS o,,e,,,,, �;,,; JUN 0 6 2016 N'RO P �aWa e� ppces Diane Williams Public Water Supply Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensacola Yacht Club, LLC Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: -4— This agency has no objection to the project as proposed. JUN 2 12016 This agency has no comment on the proposed project. DCM- MHD CITY This agency approves of the project only if the recommended changes are incorporated. See attached. /, ,, This agency objectstothe project for reasons described in the attached comments. SIGNED � ���" �Q/ND " y� DATE (a//& //'� !'x Nothing Compares �,, State of North Cazohna I Enviromnenml Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) 4 xy - �fl� .N�✓ii f= A Coastal Management ENVIRONMENTAL QUALITY June 2, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Local Permit Officer Town of Morehead City Courtney Spears Major Permits Processing Coordinator PAT MCCRORY Gown", DONALD R. VAN DER VAART setrctaq CAMA/DREDGE & FILL Permit Application Review Pensacola Yacht Club, LLC BRAXTON DAVIS Director JUN 0 6 2015 Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 n-"'" " ' )44a4 DATE 6 16 1 W Nothing Compares, State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-23081252.247-3330(fax) Coastal Management ENVIRONMENTAL QUALITY June 2, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Ooww" DONALD R. VAN DER VAART serram„ BRAXTON DAVIS Director Maria Dunn NC Wildlife Resources Commission Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensacola Yacht Club, LLC Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JUN 2 0 2016 t/ This agency has no comment on the proposed project. DC M- M H D CITY This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1 . i DATE 6 - 16-;h3 14_ - ":/^ dothlttg Compares -.✓,._ State of North Carolina I Environmental Quality I Coastal M=gewnt 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fix) CA 1 PAT MCCRORY Gorenmr e Coastal Management ENVIRONMENTAL QUALITY June 2, 2016 MEMORANDUM: ICI JUN - 3 20% Ilfish Sanitation 6 Rs;reational Water puality Se�;;on TO: Shannon Jenkins Shellfish Sanitation FROM: Courtney Spears Major Permits Processing Coordinator DONALD R. VAN DER VAART secrarun SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Pensacola Yacht Club, LLC BRAXTON DAVIS Direcrnr Project Location: Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. 3 rn D REPLY: This agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. JUN 14 2016 This agency approves of the project only if the recommende6 eeWI) CITY incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED iyH[ , 7td,— DATEboh(e FOR' 5K*A)A4d sEd KtNS -'!'`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) PAT MCCRORY (overnur ). v, DONALD R. VAN DER VAART Secretary Marine Fisheries- BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director June 10, 2016 MEMORANDUM TO: Courtney Spears, Major Permits Processing Coordinator Division of Coastal Management From: Andy Haines, Environmental Program Supervisor Through: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA/DREDGE & FILL Permit Application Applicant: Pensacola Yacht Club, LLC Project Location: Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposed Project: Propose to maintenance excavate the existing USCOE channel along the entrance of Pelletier Creek in Morehead City. The planned spoil disposal site for this project is not specified within the application. Because the dredge material is being removed from an area that is closed to shellfishing, discharges from the dewatering of the spoils into swimming waters between the months of April and October will cause a swimming advisory to be posted. Additionally, any discharge from the dredge spoils at any time into approved shellfishing waters will cause a shellfish closure. It is requested that our section be notified of the dredging plan and spoil disposal location prior to any dredging activity, so that we can determine at that time if a swimming advisory or shellfish closure is needed. State of North Carolina I Environmental Quality I Marine Fisheries PO Box 769 13441 Arendell St. I Morehead City, NC, 28557 252 726 7021 T RECEIVED JUN 14 2016 I DCM- MHD CITY M Styron, Heather M. From: Legals <legals@thenewstimes.com> Sent: Thursday, June 02, 2016 11:13 AM To: Styron, Heather M. Subject: Re: Pensacola Yacht Club Pelletier Creek Pub. Announcement This ad is set and scheduled to run on June 5, 2016 in the amount of $ 44.99. Proof: NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment antl Natural Resources hereby gives public notice as required by NCGS 113A.119(b) that application for a development permit In an Area of Environments[ Concern as desgnated u kler the CAMA was submitted on 520/16. According to said application, Pensacola Yacht Club is proposing to maintenance excavate 3,000 cubic yards from the t15ADOE channel along the entrance of Pelletier Creek in Morehead Cry, NC. A copy of the entire application maybe examined crossed at the office of Heather Styron, NC Division of Coastal Management, located at400 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 61 16, vtlll be considered In making the permit decision. Latercomments 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 mattarwill be provided upon written request. Ju5 On Jun 1, 2016, at 1:55 PM, Styron, Heather M. wrote: Carteret News Times PO Box 1679 Morehead City, NC 28557 June 1, 2016 Re: Public Notice — Pensacola Yacht Club, Pelletier Creek Channel Entrance, Morehead City Dear Sir: Please publish the attached Notice in the 5/5/16 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, INC 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, ftoAagArop Heather M. Styron Coastal Management Representative 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 submitted on 5/20/16. According to said application, Pensacola Yacht Club is proposing to maintenance excavate 3,000 cubic yards from the USACCE channel along the entrance of Pelletier Creek in Morehead City, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, 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 6/25/16, 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. PUBLISH ON: 6/5/16 Heather M. Styron Field Representative NC Divison of Coastal Managment NC Department of Environmental Quality 252 808 2808 ext.216 Office heather.m.styron@ncdenr.gov Email 400 Commerce Ave. Morehead City, NC 28557 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. d 07 Judy Allred Legal Assistant - Carteret County News -Times 4206 Bridges Street I Morehead City, NC 28557 Phone: 252-726-7081 ext. 207 Fax: 252-726-2653 Lepals@TheNewsTimes.com - www.CarolinaCoastOnline.com PAT MCCRORY Govemor Environmental Quality Carteret News Times PO Box 1679 Morehead City, NC 28557 1Z4leK1ab7RKTA leNDOWWOMlIN Seeretery BRAXTON DAVIS Director June 1, 2016 Re: Public Notice — Pensacola Yacht Club, Pelletier Creek Channel Entrance, Morehead City Dear Sir: Please publish the attached Notice in the 6/5/16 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to 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, fEea6her-& SGron Heather M. Styron Coastal Management Representative Nothing Compares.:—. State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 !' 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 submitted on 5/20/16. According to said application, Pensacola Yacht Club is proposing to maintenance excavate 3,000 cubic yards from the USACOE channel along the entrance of Pelletier Creek in Morehead City, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, 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 6/25/16, 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. PUBLISH ON: 6/5/16 Environmental Quality MEMORANDUM DATE: June 2, 2016 TO: Courtney Spears THRU: Roy Brownlow FROM: Heather M. Styro\W PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director SUBJECT: Comments and Recommendations - CAMA Major Permit —Pensacola Yacht Club, LLC, Peletier Creek Maintenance Excavation, Morehead City, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the maintenance excavation of the existing USACOE channel at the entrance of Peletier Creek. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of Peletier Creek are closed to shellfish harvest and is not a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: No SAV or shellfish areas will be excavated or filled. The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. The final excavation depth shall not exceed -6'NLW in all areas. Nothing Compares- � State of North Carolina I Environmental quality 1601 Mail ServioaCenter I Raleigh, North Carolina 27699-1601 919-707-8600 - Environmental Quality June 2, 2016 Pensacola Yacht Club, LLC C/o Timothy Powell 1708 Hwy 70 East New Bern, NC 28650 Dear Sirs: PAT MCCRORY Governor Ibis] I/:11spa:AW/\em-13"Cap/M.]Si1 Secretary BRAXTON DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project along the entrance channel serving Peletier Creek in Morehead City, Carteret County. The application was received as complete on 6/1/16, and appears to be adequate for processing at this time. The projected deadline for making a decision is 8/15/16. 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 6/1/16, 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. 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 ova field report and/or comments from reviewing agencies. H&fher M. Styron Coastal Management Representative Nothing Compares':-� State of North Camina I Environmental quality 1601 Mail Service Center I Raleigh, North Carolina 27099.1601 919-707-8600 % c5) , ICDUEE"llo PROJECT. COMMENTS ACCEPTED THROUGH FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: w- GO a tj cro0 . +a ono •- -� 9 o: �nnen.aoo�� qq££ cpa m� SS ineenAnMeea y wmn w, wr:e;e rvnuneoanaue �. gr,..rw ..; xu wim.n�orao Peltier Creak eeenermrm rt wrmerw;e.t;r,fl »n<a.u.o rof 44 ccr Ira e I ex, 1 -0 G Qge 6 ,re6 M a re6 Ma ih cf, - . I X, t -�- PN -,e 6. I L 14, U.S. ARMY CORPS OF ENGINEERS 'WILMINGTON DISTRICT Action Id. SAW-2016-01780 County: Carteret U.S.G.S. Quad: NC-MANSFIELD GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Mr. Timothy Powell 1708 U.S. Highway 70 East New Bern, North Carolina 28650 919-255-0882 n/a Nearest Town Morehead City Bogue Sound River Basin White Oak River 03020301 Coordinates Latitude: 34.724983 Longitude:-76.780308 Location description: The project site is located within the Peltier Creek USACE Federal project, adjacent to Pensacola Yacht Club, at 1708 U.S. I lighway 70 East, New Bern, North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with maintenance dredging of federal project by a private entity. Total orovosed impacts include the removal of approximately 3,000 cubic yards of. material from the Peltier Creek access channel and boat basin. Dredged material will be removed by bucket to barge method and taken to an offsite, upland disposal area. Applicable Law: M Section 404 (Clean Water Act, 33 USC 1344) Z Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: RGP 2878 S EE AT" ACFIED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated June 7.2016 and September 6, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verificntion will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no lonper comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning wort: you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Ai my verilcation does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any qucsiions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please conumt S;1 rah Hair nt 910-251-4049 or Sarah.E.Hair(ii),Usace.army.mll. Di9lt SARA EM0 1,HPIfl.SAflAH.E0.10546935R Corps Regulatory Official:_ "'r" / oa o16.11A915:29AO Date: November 9, 2016 Expiration Date of Vcri l ication: December 31, 2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httn://regulatory.usacesurvev.com/. Electronic Copy furnished: NC DCM, Ms. Courtney Spears NC DWR, Mr. Robb.. lairs Town of Morehead Ci y, Mr. Dale Price Town of Morehead Ci! v, Ms. Linda Staab Town of Morehead Ch y, Mr. Daniel Williams USF W S, Ms. Kathy N l a tthews NOAA-NMFS, Dr. 1<<n Riley USACE-CESAW-ECP-PE, Ms. Jenny Owens USACE-CESAW-Rcol Estate, Mr. John Manning SAW-2016-01780 SPECIAL CONDITIONS 1) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at litto://www.fws.gov/nc-es/mammal/manatee guidelines ndf. 2) For any operational activity that impacts the safe navigation on Federal waterways: The U.S. Coast Guard requires that the applicant provide the following information at least 10 days prior to operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved d. Working and standby frequencies c. Specific Location (Mile marker/Channel) 1'. Any' pecific instnictions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineeventsnuscg.mil 3) In order to protect jLive niIc shrimp and finfish populations, no excavation or filling shall be permitted between April I and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. Action ID Number: SAW-2016-01780 County: Carteret Permittee: Mr. Timothy Powell Project Name: Pensacola Yacht CInb/Peltier Creek/Carteret Date Verification Issued: November 9, 2016 Project Manager: Sarah Hair Upon completion of the activity authori'/cd by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilni i n gton, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Spears, Courtney From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent: Monday, June 27, 2016 9:53 AM To: Spears, Courtney; Styron, Heather M. Subject: RE: Pensacola yacht Club/ Peltier Creek dredging Thanks Courtney. I'll follow up with Chad to see if he has this one and get back with you. Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Monday, June 27, 2016 9:48 AM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil>; Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: [EXTERNAL] RE: Pensacola yacht Club/ Peltier Creek dredging Good morning Liz, We can issue the CAMA authorization, while the USACE project is on hold/withdraw. We can condition that all federal permits must be received prior to any work taking place. Do you know if Chad is handling this project on the 401 side? DW R is the only other agency we haven't heard from, do you know if they will be able to process their 401? Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil] Sent: Friday, June 24, 2016 2:34 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: Pensacola yacht Club/ Peltier Creek dredging Heather, I spoke with Linda with the Town of Morehead City this morning regarding the proposed dredging project in Peltier Creek. She let me know that they intend to bid the project in the next couple of weeks, and that the contract wouldn't be awarded until August or September. At that time, the contractor would identify the upland disposal location. We cannot authorize the project until we have that information for 2 reasons. The first, is that we have to verify that the site Win fact uplands, and the second is due to the fact that this proposal is located within a Corps Federal project (USACE project), we have to coordinate with the Civil Works Branch under section 408, which is required when any private, public, tribal, or any other federal entity proposes to undertake work within a USACE project. We can place the application on hold/withdraw until we have the required information. My question for you, is can DCM issue the CAMA authorization if we place the application on hold/withdraw it at this time? I told Linda I would discuss with you and then get back with her shortly. Please let me know if you have any questions. Thank you, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil K�-'L W W� Coastal Management ENVIRONMENTAL QUALITY filly 12 7.016 Pensacola Yacht Club, LLC c/o Timothy Powell 1708 US Hwy 70 East New Bern, N.C. 28650 Dear Sir or Madam: PAT MCCRORY Gommor DONALD R. VAN DER VAART Seavlary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is insnected for ammallianrr. PlPace ciao hnth thp nriuinal and thp r•nno and r.nlm th. «., t th:o «fr,..:« 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 NCCTS Chanter 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 «M 1— -A s{•- I:....d..- 11a-J:C...-1:...._ _J C.l...._ uww vv wuvV MV. u, uwWVWavV ivW jVW YIIIIl.W4lVL. ILLVYIl,VilLIVIW, WIIV VM1WLJIWIJ, aelY (W{YV 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. ., Sincerely, a� v A )abuglas V. Hugg— Major Permits Manager ..rn ._r 1 ct.a.. ul r mwu ua s..YaJWr ,Yawaa6cEcC E I V E D Enclosure RECEIVED AUG 0 9 2016 Nothing Compares .� State of North Carolina I Environmental Quality I Coastal Manallemem D C M - M H D CITY 400 Commelu Avenue I Morehead City, NC 28557 252-808-2808 T llt_. it 'j f, i it j. tj T I ,,, /, .: , 1, .1. ..->T'•Hf+.KyQi Y-hX. i.�r.... ✓+- .. i, 4 ... ..... �... ... ♦... ✓. .�4'-. -n . `�.. .. /J.. M'.Y�nS..n �.+..aa.+mx Permit Class Permit Number NEW 75-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V QrM t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to N C G S 113 -22 9 Issued to Pensacola Yacht Club, LLC, c/o Timothy D. Powell, 1708 US Hwy. 70 East, New Bern, NC 28650 Authorizing development in Carteret Countyat entrance channel of Pelletier Creek, within a designated USACE channel, in Morehead City, as requested in the permittee's application dated 5/19/16 including attached workplan dwgs. (3) Plan View (1) and Cross -Sectional (2) dated received at DCM MHC 5/20/16 and Peltier Creek (3) dated 6/13/13. This permit, issued on July 1, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) RECEIVE1 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources CvotwV!P M H D CITY Braxton C. Davis, Director Division of Coastal Management RECEIVED This permit and its conditions are hereby accepted. AUG 0 9 2016 In issuing this permit, the State of North Carolina agr _ your project is consistent with the North Carolina o Management Program. M H D-)MI-Y, Signature of Permittee , 1 J. i (•I:. i � '1' � .. :- - ... - r Ili ', :. �� .. [. 1 .'�� ' � .. • 'lY ram. :.. r� 1?! f Pensacola Yacht Club, LLC Permit No. 75-16 Page 2 of 3 ADDITIONAL CONDITIONS 4) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. .Spoil Disposal is 5) All excavated materials shall be confined above normal low water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. Maintenance Clause 3 7) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. r D. The date of map revision and the permittee's signature shown anew on the original plan. General 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) 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. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including authorization from the U.S. Army Corps of Engineers. RECEIVED AUG 0 9 2016 s GCM, MMD-GITY..::.: Cr i Pensacola Yacht Club, LLC ADDITIONAL CONDITIONS Permit No. 75-16 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal low water level. its project. Fo )c AUG o 9 2016 M. Myo c,Ty DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Peletier Creek Maint. Excavation, Pensacola Yacht Club, I.LC 2. LOCATION OF PROJECT SITE: The entrance channel of Pelletier Creek and within a designated USCOE channel, Carteret County Photo Index - 2000: 41-522 O-Q (10) 2006: 41-8040 J (15) State Plane Coordinates - X: 2666909.1 Y: 362298.9 LAT 34043'29.94 LON 76046'49.110 INVESTIGATION TYPE: D&F N 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/1/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 5/20/16 Application Complete- 6/1/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP — Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Commutlity (E) Wastewater Treatment: Existing — N/A Planned — none (F) Type of Structures: Existing — N/A Planned — maintenance excavation of existing entrance USACOE chkmel to Peletier Creek (G) Estimated Annual Rate Q&sion: N/A Source — N/A HABITAT DESCRIPTION: tU) 1 oral Area Unsturne0: i ts,uuutt` ■ • — (E) Primary Nursery Area: No AUG 0 9 2016 (F) Water Classification: SB Open: No T 8. PROJECT SUMMARY: The applicant is proposing to maintenG�eNca a ei re a exisCItiYng USCOE channel along the entrance of Peletier Creek in Morehead City. 9. Narrative Description: The Pensacola Yacht Club, LLC, project is located off highway 70 East in Morehead City, Carteret County. The project area can be found via several different roads, Field Investigation Pensacola Yacht Club, LLC Page 02 however, the easiest viewing location is found by turning south off of Highway 70 East in Morehead City onto Mansfield Parkway (next to Kmart). Follow Mansfield Parkway to the end and turn left onto South Shore Drive. There is a private residence at the very end of this road, however there is an undeveloped private lot at the comer of Shore Drive and Tennessee Ave. that overlooks Bogue Sound. The Peletier Creek entrance is located to the east of this area. The subject area serves surrounding single family residences as well as surrounding businesses. The entrance channel to Peletier Creek is a USCOE designated channel with Peletier Creek designated as a Harbor of Refuge. According to the USACOE, this area was excavated in 2001 and 2008. The water depths in the area to be excavated currently range from -1'nlw to -3' nlw, depending on location, with a connecting water depth of -6' or greater. The Division of Water Resources classes this area as SB Waters. This part of Bogue Sound is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Morehead City Land Use Plan certified in 2007 classifies this area as Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single- family homes to the east and the west of the project location. 10. Project Description: The Pensacola Yacht Club, LLC is proposing to maintenance excavate the existing USACOE entrance channel to, Peletier Creek. The existing water depths within these areas range from -1' to -3' NLW depending on location. The connecting water depths at the channel entrance are-6'NLWworr ater. A total of approximately 3,000 cubic yards of material would be removed from the main channel area with an excavation area of 30' x 600' to 900'. The final depth for the entrance channel would be -6'. NLW. The excavation would be done by bucket to barge and- taken offsite to a preapproved spoil location. Per the applicant, the excavation of this area is necessary due to approximately 400 boats or more using this area throughout the year. 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 18,000 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. HEATHER STYRON Morehead City June 2 2016 RECEIVED AUG 0 9 2016 DCM- MHD CITY tog NF-1 APPLICATION for 0W)coI rllk Maior Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) PENSACOLA YACHT CLUB, LLGTIMOTHY D. POWELL, AGENT PELLETIER CREEK Applicant 1: First Name MI Last Name TIMOTHY D POWELL Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Slate 1708 US HIGHWAY 70 EAST NEW BERN NC ZIP Country Phone No. FAX No. 28650 USA 919- 255 - OB82 ext. - - Street Address (if different from above) City State ZIP 200 PENSACOLA AVENUE .. MOREHEAD CITY NC 28557 - Email TPW1840AOL.COM - 2. AgontCContractor Information RECEIVED Business Name BROOKS DREDGING JUN 01 2016 Agent/ Contractor 1: First Name MI Last Natne DC M- M H D CITY BENTLEY BROOKS` Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 507 BAYVIEW DRIVE HARKERS ISLAND NC ZIP Phone No. 1 Phone No. 2 28531 - 252 - nit- f>886 ext. - - ext. FAX No. Contractor N Street Address (if different from above) City State ZIP Email <Form continues on back> KECF/VED AUG p 9 9n,- 252-R08-2888 :; 1.8b3 4RC0&8'1' :: www.nccoastalmen, . w4 j) CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location County (can be multiple) Street Address State Rd. # CARTERET COUNTY WA- PELLETIER CREEK ACCESS WA Subdivision Name City FNC Zip WA MOREHEAD CITY 28557 Phone No. Lot No.(s) (if many, attach additional page with list) ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WHITE OAK RIVER BASIN PELLETIER 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. RNatural ❑Manmade ❑Unknown BOGUESOUND e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. MOREHEAD CITY, NC 4, Site Description a. -Total length of shoreline on the tract (ft.) b. Size of entire tract (scift) WA WA 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) ,� ❑NHW or ®NWL e. Vegetation on tract WA f. Man-made features and uses now on tract E C34 E IV E - MAY 2 0 2016 WA g. Identify and describe the existing land uses adiacent to the proposed project site. - �y p p-� SAC M e WHO O C 0gg T 4700 SHORE DRIVE, MOREHEAD CITY, NC 28557- PRIVATE RESIDENCE 4407 CORAL POINT DRIVE MOREHEAD CITY, NC 28857 - PRIVATE RESIDENCE h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) WA ❑Yes []No RNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes 2No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No 2NA If yes, by whom? - I: Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No RNA National Register listed or eligible property? <Form continues on next pagea N 262-808-2802 ;, 1-2i .8F-4RC47 ,AS!' :; WYl `N.nGe0A 9lai lt7atla Qentent. llfi 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 (it) above, has a delineation been conducted? []Yes [:]No (Attach documentation, if available) n. Describe existing' wastewater treatment facilities. NONE o. Describe existing drinking water supply source. NONE p. Describe existing storm water management or treatment systems. NONE 5. Activities and Impacts a. Will the project be for commercial, public, or private use? OCommercial ❑Public/Govemment ®Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. IT IS OUR INTENT TO REMOVE SILT AND SAND BUILT UP FROM THE ENTRANCE TO PELLETIER CREEK, WHICH IS CLASSIFIED AS A HARBOR OF REFUGE. THIS PROCESS WILL ALLOW FOR INGRESS AND EGRESS OF APPR. 400 OR MORE BOATS. 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. , THE REMOVAL OF 3,000 CUBIC YARDS OF MATERIAL WILL BE DONE BY USE OF AN EXCAVATOR, AND BARGE TO BE HAULED AWAY BY TRUCK d. List all development activities you propose. EC AV WA MAY 2 0 2 01 e. Are the proposed activities maintenance of an existing project, new work, or both? WA ®n - UND I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres WA 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. WA f. Will wastewater or stormwater be discharged into a wetland? ❑Yes []No 2NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No [ONA j. Is there any mitigation proposed? ❑Yes ❑No ®NA /1 _ .If yes, attach a mitigation proposal. 19 Mr D <Form continues on back> OCM IND c,TY 252-508-2808 !-988.4RCO 4ST v�en�+,o. nc r. a st aim anagament.n et Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1)The following Items below, it applicable, must be submitted in order for the application package to be complete. Items (a) — (n are always applicable to any matior development application. Please oonsuN the application instruction booklet on low 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 DEW 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 Phone No. Address Name Phone No. Address 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. h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. '(Must be signed by property owner) k. A statement of compliance with the N.C. Environmep" Policy Ad (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a state documenting compliance with the North Carolina Environmental Policy Act. ui iueiara Iu ulcer arty 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. w� I further certiy that Ina Information provided in this application is truthful tortfi�best of my knowledge. Date Print Name �li � r q(/ G Signature Q o.92Q16 �M. Please indicate application attachments pertaining to your proposed project. [ODCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑D,CM MP-4 Structures Information Jaebl�p pp pp �gMAY 2 0 2011t6 -. D4 stV3� AlrtHD \ii 3q- 232-aoi3-2ai;A .. i-tf3II.df1 is �:LaY .. www.ncr,oastairn a+5ager!ent: let Form DCM MP-2 EXCAVATION and FILL !xcept for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL) stabilization Length WA WA WA WA WA WA approx. 200 yards Width approx. 30 feet WA WA WA - WA WA WA Avg. Existing WA NA NA WA Depth 3 Feet WA WA Final Project Depth 6 Feet Maximum WA wA wA NA NA Wp 7. EAGA VA IIUIY Amount of material to be excavated from below NHW or NWL in cubic yards. 30*UBIC YARDS c. (I) Does theareato be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shelf bottom (SB); or other wetlands (WL)? If any boxes are checked provide the number of square feet affected. []CW ❑SAV ❑SB ❑WL ONone (n) Describe the purpose of the excavation in these areas: TO ALLOW FOR INGRESS AND EGRESS TO PELLV W R CREEK 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. DEF. BY CONTRACTOR c. (i) Do you claim title to disposal area? ❑Yes. ONo ❑NA (if) If no, attach a letter granting permission from the owner. TRUCKEDAWAY e. (i) Does the disposal area include any 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 [;3None- (if Describe the purpose of disposal in these areas: ❑This section not applicable material to be SILT/SANDY SUBSTITUTE d. High -ground excavation in cubic yards. NONE RECEIVED AUG 0 9 2016 DCM- MHD Ciro' ❑This section not applicable of disposal area. d. (I) Will a disposal area be available for future maintenance? ❑Yes RNo ❑NA (if) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ®No ❑NA (if) If yes, how much water area is affected? MAY 2 0 2016 DCM- MHD CITY 252-808-2008 :: 143"RCOA5T :: w}yw,pc4aast:aimanagement.net .evmed: 2'i6:'h F0 4P £)Ci111 MP-2 (FXCQa:aaen and till, pace f 3.° SHORELINE STABILIZATION pThis section not applicable (I(devetoptnent is a wood groid; us$'MP-4-SVuctures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑BreakwateriSill []Other:Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NH W or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other _ I. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (if) If yes, stale amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ; EjThis section not applicable (Excluding Shoreline Stabilization) a. (I)• Will fill material be brought to the site? ❑Yes ❑No []NA b. (i) Will fill material be placed in coastal wetlandsimarsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the .- number of square feet affected. (iii) Dimensions of fill area _ ❑CW ❑SAV Elsa_ (iv) Purpose of fill OWL ❑None (if) Describe the purpose of the fill in these areas: a. How will excavated or fill material bekepton site and erosion controlled? SPOILAGE IS TRUCKED AWAY C. (1) Will navigational aids be required as a result of the project? ❑Yes 0No ❑NA (if) If yes, explain what type and how they will be implemented. Date iroje'ct Name b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? TRACKHOE, BARGE, DUMP TRUCKS d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ONo []NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. pEN$AGO,LA YACHT CLIA LLD (TIMOTHY D. POWELL, AGENT) . AppllName _ E,C -_ 1 Apt plieaot'signatDre Wy 20 2016 2a2-eGd-2808 :: 1-888-4RCOA5I':: �vww..�c.:o ,sta9rr nagep�e;tr.flet ravi s- •-1i i zo ^� N `�qa ICE i1 ® Lli 04 0 UJ E W o = U rmk� C1 tr h r c 4pp T`N1{gh'school 'tr ,jyid a, o' 3 P y 5�+°r �` 'LL.�wFr,�rty a, H.4n1 TmB Gy.- 1YCI lRf1 Ill h 7m 4l.( _ Ifii i NsS`lj[rrgn hvY ParNwY PnsstKPC gMJ3M M ��w-p"Glnty 9 � - EJf{�t A.e - s a� Si+rltai axrk n ..lk� Oy O 5+1f L rgW4 rs r - wob S' w lint � P '• ca ', _�yy Elms, yKpgG,. , s.A" ` ,.` - !ty afl sym.cK 5 a.. �A. ub'1': A. {' Pine�st pili� `n AnncDy t 4 - fV lil: * i {.1. 7 Y i` c. (YOldY.i cMIA{ canetel NE9{Sh Cs e; g' 14 r_ .. Samd .h r18+nOmn km ry ., i s` AtCptl www,*ad Giy - ul Li.3c Lion Ma r Mal i•: s a3f` communryG+ilcae ,. r. �j1„Rl +`�ft1"X��l���;;.tu 1�� ts�Ky.�"�•y' i:4� �� .. i'i mK.F;l ��'^ w°k-'+en ^ 4r '"ELTIER CREEK Typical Section (Side -View) pyy +��µyy�■ 3 RECEIVED VARIES AUG 092016 DCM- MHD CIT ECC-i WED MAY 2 0 2016 Q.C. Division of Coastal Management 100 Commerce Avenue viorehead City, NC 28557 rel. 252-808-2808 Please use this card to schedule a pre -construction conference immediately BEFORE you begin work on your permitted project. The pre -construction meeting will give you the opportunity to discuss permit conditions, construction techniques and any questions you may have with a Coastal Management representative. This will enable you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out his card and mail it to the Division of Coastal Management at the address on the reverse side of this card. Thank You. Permit Nu Expiration Issued to: Contact Person: Telephone Number: Project Starting Date: RECEIVED AUG 0 9 2016 DCM- MHD CITY Spears, Courtney From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent: Monday, August 15, 2016 2:38 PM To: TPW184@aol.com; Linda.Staab@moreheadcitync.org Cc: Spears, Courtney; Coburn, Chad Subject: Pensacola Yacht Club/Peltier Creek project Attachments: FW: Pensacola Yacht Club Peletier Creek project Mr. Powell, This email is to reiterate the Corps of Engineers Regulatory Branch position that while the State 401 Water Quality Certification and LAMA Major permit for the proposed Peltier Creek/ Pensacola Yacht Club project have been issued, this permit application is still considered on hold/withdrawn at this time, as described in the attached email correspondence dated June 16, and June 24, 2016. In order for me to initiate the required section 408 consultation process with the Environmental Branch of the Corps of Engineers, you must identify an upland disposal location for the dredged material and start/completion dates for the proposed dredging activity. This is the only item delaying the continued processing of your application at this time. Please let me know if you have any questions. Thank you, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sa ra h. e. ha i r@ usa ce.a rmy. m i l Energy, Mineral & Land Resources ENV IRONMENTAL QUALITY August 8, 2016 g Mr. Timothy Powell Pensacola Yacht Club LLC 1708 US Highway 70 East New Bern, NC 28650 Subject: EXEMPTION Stormwater Project No. SW8 160619 Pelletier Creek Maintenance Excavation Carteret County Dear Mr. Powell: PAT McCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director On June 6, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on June 14, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management pennitttng requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meoting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concernin this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott�ncdenr.gov. Sin erely, Q) g� RECEIVED .Tracy E. Davis, P.E., Director AUG 15 2016 sion of Energy, Mineral, and Land Resources GDS/gds: \\\Stormwater\Permits & Projects\2016 \160619 Exemption\2016Dp&lat MMD CITY cc: Bentley Brooks; Brooks Dredging Town of Morehead City Building Inspections Courtney Spears/DCM-Morehead City Wilmington Regional Office Stormwater File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wllmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 a NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant: Pensacola Yacht Club, LLC Date: 6/2116 Project Site County Carteret Staff: HMS District: ❑Elizabeth City []Washington ®Morehead City []Wilmington Project Name: Peletier creek entrance channel maint excay. Date, of initial application submittal (Er,1/8/2007): 5120116 Date application "received as complete" in the Field office; 6/1116 Permit Authorization; ❑CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: [_]Yes ENo Photos Taken: Yes E No[] Setback Required (riparian): []Yes ENo Critical Habitat: ❑Yes ENo [_-]Not Sure 15 foot waiver obtained: ❑Yes ENo Hazard Notification Returned: []Yes ENo SAV: ❑Yes ENo []Not Sure Shell Bottom: ❑Yes ❑No ❑ Not Sure Temporary Impacts: EYes []No Sandbags: ❑Yes [_]No []Not Sure Did the land use classification come from county LUP: []Yes ENo Mitigation Required (optional): ❑Yes ENo Moratorium Conditions: []Yes []No El NA Environmental Assessment Done: 1--]Yes ENo ❑NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) E Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (OS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus sp.) ❑ (TY) Cattail (Typha sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 can E III(D) Priv. public or comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - ❑ Major Modification to a CAMA Major permit ❑ IV Any development involving D&F of more $100 -$250 - than 1 acre - $475 ❑ Permit Transfer - $100 E III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge and/or fill $100 -$400 -' ❑ I. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement-$400 t4G.Diarision of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Pensacola Yacht Club, LLC Date: 6/2/16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One excavation 1 New Work ❑ Replace 600' 30' -6'nlw Maint E ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ON New Work E Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint E ❑ Y ON New Work E Replace Maint ❑ ❑ Y ON New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N k Applicant: Pensacola Yacht Club, LLC Date: 6/2/16 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tem im acts FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 18,000 18,000 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ® Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ K�' r,-o_ Woter Resources ENVIRONMENTAL QUALITY PAT MCCRORY r)inxrnyr DONALD R. VAN DER VAART Srovwn S. JAY ZIMMERMAN Ufroclnr July 19, 2016 Pensacola Yacht Club, LLC Mr. Timothy D. Powell 1708 U.S. Highway 70 East New Bern NC 28560 Carteret County DWR Project: 16-0613 Subject Property: Peletier Creek Maintenance Dredging — Morehead City Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Powell, You have our approval, in accordance with the attached conditions and those listed below, to perform maintenance dredging within 0.41 acres (18,000 square feet) of open waters as described within your application received by the Division on June 6, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC3900). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: htti)://i)ortal.ncdenr.org/wgb/wg/Lwp/ws/401/certspdperrnits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVED JUL 2 5 2016 DCM- MNn CITY Y State of North Carolina I Department of Envvomnental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 29405 9197%7215 Peletier Creek Maintenance Dredging 2016-0613 Carteret County The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {I 5A NCAC 02H .0501 and .0502]. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [I 5A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 0 W W U W cr s N LM CR .J Peletier Creek Maintenance Dredging 2016-0613 Carteret County 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3),15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. 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)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://i)ortal.ncdenr.orp-/web/w A/syT/ws/401/certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as RECEIVE D authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. JUL 2 5 2016 This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1RpbyM- MHD CITY filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Peletier Creek Maintenance Dredging 2016-0613 Carteret County Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 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 DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jemiifer.BurdetteAncdenr.gov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn(a,ncdenngov. Sincerely, T gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC3900 cc: Bentley Brooks — Brooks Dredging, 507 Bayview Drive, Harkers Island, NC 28531 Liz Hair - USACE Wilmington Regulatory Field Office Courtney Spears — DCM Morehead City Sheri Montalvo — DWR 401 Unit, Raleigh WiRO RECEIVED JUL 2 5 2016 DCM- MHD CITY Water Resources ENVIRONMENTAL QUALITY DWR Project No: Applicant: Project Name: PAT MCCRORY ('o. 'It'..q DONALD R. VAN DER VAART S. JAY'ZIMMERMAN 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e. Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: REGEArED JUL 2 5 2016 State of North Carolina I Enviromnental Quality I Water Resources D C M - M H D CITY 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 ,v „4 Coastal Management ENVIRONMENTAL QUALITY June 2, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT IviCCRORY Gwenw DONALD R. VAN DER VAART seemton BRAXTON DAVIS Dimon, RECEIVEDINCDENR/M JUN 0 6 2016 Water Quality Regional Operations Section Wilmington Regional Office Joanne Steenhuis Division of Water Resources Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensacola Yacht Club, LLC Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel Proposed Project: Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed prdj ect and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. /C'/ l-llC1-C LLI- i41�A C-?lI9 l C / c REPLY: /This agency has no objection to the protect as propose R�C E I V E D This agency has no comment on the proposed project. JUL 2 5 2016 This agency approves of the project only if the recomOCN_c�i 9 GITY incorporated. See attached. This agency objects to the project for reasons described in the attached comments. i I 1 RECEIVED SIGNED � DATE � �I 0CfvtWILMINGTCN.tiC Vathhs� Compare���,, Smte of North Carolina I Environ ml Quality I Coastal Management U N 0 6 2 t i 11, 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) RECEIVED JUL 2 5 2016 DCM- MHD CITY Spears, Courtne From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, November 09, 2016 3:33 PM To: Timothy Powell; Linda Staab; Dale Price; Daniel Williams Cc: Spears, Courtney; Mairs, Robb L; kathryn_matthews@fws.gov; ken.riley@noaa.gov; Owens, Jennifer L CIV USARMY USACE (US); Manning, John E CIV USARMY CESAS (US) Subject: Peltier Creek General Permit 2878 Attachments: GP96-2878signed.pdf; FINAL Peletier Creek Section 408_28Oct2016.pdf; peletier creek dredge locationjpg; Peltier Creek GP 2878.pdf All Attached please find a signed copy of the Corps authorization with Special Conditions for the following project: Corps Action ID: S - 16-01780 DCM permZe: : 75-16 Project naeltier Creek/ ensacola Yacht Club dredging County: Ca Also attached is a copy of the 408 memo from the Environmental Resources Section. Coordination was complete upon receipt of the signed memo on October 31, 2016. Please let me known if you have any questions or if you require a hard copy. Mr. Powell: I will be sending a hard copy to your attention. Thank you, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/WETLANDS/index.html General Permit No. 199602878 Name of Permittee: General Public Effective Date: January1.2011 Expiration Date: December 31, 2016 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 1344) and Section 404 of the Clean Water Act (33 U.S.C. 1344) is hereby issued under the authority of the Secretary of the Army by the District Commander U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE MAINTENANCE DREDGING WITHIN FEDERALLY AUTHORIZED NAVIGATION CHANNELS AND THE DISCHARGE OF EXCAVATED AND/OR FILL MATERIAL WITHIN FEDERALLY APPROVED CONFINED UPLAND DISPOSAL AREAS OR, IN THE CASE OF BEACH QUALITY SAND, FEDERALLY AUTHORIZED BEACH RETENTION AREAS OR FEDERALLY AUTHORIZED BEACH RENOURISHMENT PROJECT AREAS IN THE STATE OF NORTH CAROLINA. Special Conditions a. Written confirmation that the proposed work complies with this general permit must be received from the Wilmington District Engineer prior to the commencement of any work. To enable this determination to be made, the permittee must furnish the following information for review and approval to the Wilmington District, Corps of Engineers: (1) The name, address, and telephone number of the sponsor and/or other individuals responsible for the work. (2) A map showing the location(s) of the work. (3) Appropriate, written permission of owner(s), leaseholder(s) or others having any rights regarding properties affected by the proposal. (4) Plans of the work at an acceptable scale (on 8-1/2 inch by I 1-inch paper) showing the location and dimensions of the Federal channel before and after the work, location and size of any borrow area and the location and size of the retention area. (5) Quantity (cubic yards) and composition (percentage of fines and/or sand grain size) of excavated and/or fill material. (6) A description of the methods, procedures, and equipment to be used to perform the proposed work. (7) Approximate commencement and completion dates of the proposed work. (NOTE: Confirmation that the work is authorized will be provided to the permittee after the Wilmington District's Regulatory and other appropriate District elements have coordinated and agreed with the validity of the proposal. To minimize adverse impacts on fish, wildlife and natural environmental resources, the Wilmington District Engineer, in close coordination with appropriate State and Federal agencies, will insure that all work is conducted in strict accordance with the special and general conditions of this permit and any appropriate recommendations from State/Federal resource agencies. Failure to comply with any condition or specific recommendation will result in an immediate order to cease operations.) b. No work may occur during times (seasonal restrictions) designated by the North Carolina Division of Coastal Management, the North Carolina Division of Marine Fisheries, the U.S. Fish and Wildlife Service, and/or the National Marine Fisheries Service for protection of fish, shellfish, or wildlife resources. The permittee must not commence work until written confirmation is received from the District Engineer as to when the work may begin and must be completed. C. Excavation and/or filling of jurisdictional wetlands or submerged aquatic vegetation (SAV) beds is not authorized by this general permit. Excavation activities occurring near jurisdictional wetlands must allow for an adequate buffer, not less than 10 feet, between the excavated area and the wetland to prevent erosion of the wetland. d. Dredged and/or fill material may not be placed within beach nourishment areas unless the Corps has determined, in writing, that the material complies with the State of North Carolina's Technical Standards for Beach fill Projects, North Carolina Statute T15A NCAC 07H.0312.. e. Unless specifically approved for beach nourishment or beach disposal, all excavated material must be placed and retained in a Corps approved upland disposal area. f. Prior to commencing work the permittee must present the District Engineer with a written preliminary determination providing reasonable assurance that the proposed discharge is not a carrier of contaminants. This documentation must be a comprehensive analysis of all existing and readily available information on the proposed discharge. Work may not proceed until the permittee has received written approval from the District Engineer. g. Maintenance excavation must not exceed the Federally authorized dimensions of the Federal channel. h. No excavation is authorized in primary nursery or prime shellfish areas as designated by the North Carolina Division of Marine Fisheries. i. All fill material used for dike construction or repair will be obtained from an upland source. j. Should the activity involve the removal of material from a Corps of Engineers retention area, the permittee shall not damage or destroy dikes or spillways. The permittee will be responsible for any necessary repairs. k. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. 1. Return water from upland, contained disposal areas must comply with Water Quality Certification No. 3687, issued by the North Carolina Division of Water Quality (NCDWQ) on December 31, 2004. Water Quality Certification for the discharge of beach quality sand in waters of the United States will be obtained prior to any commencement of such work. General Conditions a. Except as authorized by this general permit or any USACE approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and . fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. C. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. f. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. g. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. in. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. n. This general permit does not authorize any activity that the District Engineer determines, after any necessary investigations, would adversely affect: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. o. This general permit does not authorize any activity that will adversely affect any threatened or endangered species or a species proposed for such designation, or their designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531). Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices or at the following internet address: http://www.nenhp.org/Pages/heritagedata.html. or hM://ne-es.fws.eov/es/es.btml. Permittees should notify the Corps if any listed species or designated critical habitat might be affected by the proposed project and may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. p. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. q. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. r. The permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. S. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. t. Except as authorized by this general permit or any USACE approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. U. Except as authorized by this general permit or any USACE approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. 0 V. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: oeon M.avage .S. Army District Commander DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS • 89 DARLINGTON AVENUE WILMINGTON, NORTHCAROLINA 2803-0343 October 28, 2016 Environmental Resources Section Pensacola Yacht Club, LLC. Attn: Mr. Timothy Powell 200 Pensacola Avenue Morehead City, NC 28557 Dear Mr. Powell, The Wilmington District of the U.S. Army Corps of Engineers (USACE) has performed an evaluation of your request to allow maintenance dredging in the existing USACE channel along the entrance of.Peltier Creek in Morehead City, NC with disposal of dredged material,at a preapproved non-federal upland disposal site. Pursuant to Section 107 of the Rivers and Harbors Act of 1960, this evaluation was performed in accordance with Engineer Circular (EC) 1165-2- 216. Based on this evaluation, the Wilmington District grants the request for maintenance dredging for the following reasons: (1) the proposed action will not. be injurious to the public interest, and (2) the proposed action will not impair the usefulness of the federal project. As the requestor, you are solely responsible for any remedial action needed to correct any deficiency in the design or construction of the requested alteration. For any questions regarding this evaluation, please contact Ms. Jenny Owens, Wilmington District Section 408 Coordinator, at (910) 251-4757or at Jennifer.l.owens@usace.army.mil. Sincerely, -7[�P �. Kevin P. L rs Sr. Colonel, U.S. Army District Commander DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 CESAW-ECP-PE MEMORANDUM FOR RECORD SUBJECT: Section 408- Peltier Creek 28 October 261.6 Federal Project Authority: Peltier Creek, which consists of an entrance channel (6' deep by 50' wide) and small boat basin (6' deep by 200' wide by 600' long), was authorized by the River and Harbor Act of 1954. Location and Description: The proposed project is located at Peltier Creek within the authorized U.S. Army Corps of Engineers (USACE) navigation project in Carteret County (Figure 1). Peltier Creek is designated as a Harbor of Refuge: a port, inlet, or other body of water normally sheltered from heavy seas by land and in which a vessel can navigate and safely moor. Proposed Action: The Wilmington District, Regulatory Division, received an application fiom the Pensacola Yacht Club, LLC seeking Department of the Army (D:A.) authorization to allow maintenance dredging within the authorized dimensions of the existing USACE project.at:Peltier Creek. A total of approximately 3,000 cubic yards of material will be removed from the most' heavily shoaled areas of the Peltier entrance channel and basin (Figure 2). The. proposed action is dredging to a depth of -6 feet mean low water and a width of 30 feet. The dredging will be accomplished by bucket and barge with dredged material taken offsite to a preapproved non- federal upland disposal location. Technical Analysis: The Wilmington District Operations, Engineering, and Planning Branches have reviewed the plans for the maintenance dredging and have concluded that there is no evidence to indicate that the proposed project will have any negative effects on the federal project. To the contrary, the proposed project will improve navigation within the federally authorized USACE project. Public Interest Determination: The channel leading into Peltier Creek allows various -sized vessels to navigate the entrance channel and to dock adjacent to the basin. Peltier Creek is used for docking recreational boats, and is a Harbor of Refuge to protect ships from rough seas: The proposed dredging will temporarily increase turbidity in the vicinity of the work; however, the proposed dredging should not adversely affect significant resources, especially since the dredging will occur within a previously disturbed area. Peltier Creek is not designated as a Primary Nursery Area and the waters are closed to shellfish harvesting. No shellfish resources or submerged aquatic vegetation occur within the project area. CESAW-ECP-PE SUBJECT: Section 408 - Peltier Creek Real Estate: Based on coordination with SAS -RE, the proposed project does not involve Federal property; therefore no USACE real estate action is required. Environmental Compliance: Pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, the Pensacola Yacht Club, LLC is required to obtain aD.A. permit through the USACE Wilmington Regulatory Field Office: The proposed project is being evaluated in accordance with the National Environmental Policy Act (NEPA) through the issuance of General Permit 2878, for which an Environmental Assessment was previously completed. Compliance with all other applicable laws and regulations will be completed prior to issuance of the D.A. permit. Conclusion: Based upon the foregoing, it is my determination that: (1) the proposed action will not be injurious to the public interest, and (2) the proposed action will not impair the usefulness of the federal project. Moreover, based upon a review of the questions set forth in EC 1165-2- 216, Para 61 (1)-(7), I have determined that the approval of this work is within my delegated approval authority. hi accordance with 33 U. S. C. 408, l hereby grant approval to the Pensacola Yacht Club, LLC to execute the proposed work. Point of Contact: For questions regarding this evaluation, please contact Ms. Jenny Owens, Wilmington District Section 408 Coordinator, at (910) 251-4757 or at Jennifer.l.owerrs@usace.army.mil. -7Z �. KEVIN P. toL RS SR. COL, EN Commanding