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HomeMy WebLinkAbout118-15 Spencer, Clifton & ShellyPermit Class — Permit Number NEW 118-15 STATE OF NORTH, CAROLINA Department of Environmental Quality and C Coastal Resources Commission Permit py 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 Issued to Clifton & Shelly Spencer, P.O. Boa 240, Wanchese, NC 27981 Authorizing development in Dare County at adjacent to Croatan Sound, 31 Beverly Drive in Wanchese , as requested in the permittee's application dated 07/29/15 (MP-1, MP-2) & 07/23/15 (MP-4) incl attached worknlan drawings (2) both dated received at DCM Elizabeth Citv 07/29/15. This permit, issued on October 19. 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation A these terms may be subject to tines, imprisonment or civil action; or may cause me permit to De mutt ana voia. Shoreline Stabilization 1) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. RECEIVED 2) The bulkhead shall be constructed prior to any backfilling activities. NOV 0 6 Z015 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials%*tbITY structure. DCM- (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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, 2018 to issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. U Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Clifton & Shelly Spencer Permit No. 118-15 Page 2 of 4 ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation or other land disturbing activities is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) No backfill material is to be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. 8) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Docking Facility 9) This permit authorizes only the dock and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non - water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 10) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 12) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 13) This permit authorizes no new formalized boat slips. 14) 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. RECEIVED Uvland Boat Basin & Canal Dredein¢ NOV 0 6 2015 15) Excavation shall not exceed -8 feet below the normal water level. In no case shall the depth q� CITY excavation exceed the depth of connecting waters. D C M - I�' n Clifton & Shelly Spencer Permit No.118-15 Page 3 of 4 ADDITIONAL CONDITIONS 16) A turbidity curtain shall be left between the upland basin area to be excavated and the existing canal and a 24 hour period after completion of excavation shall elapse prior to curtain removal to prevent unnecessary siltation into the adjacent water body. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) No excavation shall take place outside of the alignment of the fill area indicated on the workplan drawings. Spoil Disposal 19) All excavated materials shall be confined above normal 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. 20) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 21) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. Sedimentation & Erosion Control 22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented during new or maintenance excavation to ensure that eroded materials do not enter adjacent wetlands, watercourses and property. 23) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 24) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Maintenance Clause 25) 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 approve IVErepresentative of the Division prior to the initiation of any maintenance dredgin D. The date of map revision and the permittee's signature shown anew on the origina a n0 6 2015 Is] Clifton & Shelly Spencer ADDITIONAL CONDITIONS General 26) No excavation or filling of any vegetated wetlands is authorized by this permit. Permit No. 118-15 Page 4 of 4 27) 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. 28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 29) This permit does not authorize the interference with any existing or proposed Federal project, and the pernuttee 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 pemuts, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 Action ID No. SAW-2015-01857. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 15-0859. NOTE: The N.C. Division of Energy, Land, and Mineral Resources exempted the proposed project and assigned it Stormwater Project No. S W7150810. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED NOV 06 2015 DCM- MHD CITY I DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) New Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer, Permit Coordinator: Field Representative Date Time Message `)hl/1S II AM- CA5 eMatll-d DENlu(Z - Ladd a'� rw�w '✓ 4y (ovl VrIP" S Flo,l/l5ILtl�t c6'~b*' aaAV4 (A►�l q1* !S'—AYVL +,lid ill Maori Sw) �Vy (4mmerry ()/al p, C04u Gd %AL Fo+ cwYNYV0Vt- M Spears, Courtney From: Spears, Courtney Sent: Monday, September 28, 2015 1:30 PM To: Moore, Bill Subject: RE: CAMA Major permit comments Great, thank you so much! Regards, Courtney Spears Assistant Major Permits Coordinator NC Division of Coastal Management courtney.spears@ncdenr.gov 252.808.2808 Ext. 215 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties From: Moore, Bill Sent: Monday, September 28, 2015 11:56 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: CAMA Major permit comments Good Morning Courtney, I have reviewed the LAMA application for Spencer's Yachts. I did not find any record of previous stormwater permits for this site, and it appears that this site is almost completely covered with existing buildings & gravel. We will probably issue a stormwater exemption, due to no new impervious area & advise the owners of the requirements of the NC General Stormwater permit for Marinas. Will send you a copy of our letter; let me know if you have additional info, or questions. Bill Moore, Environmental Engineer Land Quality Section 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 bill.moore@ncdenr.gov From: Spears, Courtney Sent: Tuesday, September 22, 2015 11:57 AM To: Moore, Bill <bill.moore@ncdenr.gov> Subject: FW: CAMA Major permit comments Good morning! RE I received the below communication from Mr. Samir Dumpor, that you are reviewing Clifton and Shelly Spencer's CAMA Major Permit. I was just following up to see if you have submitted comments or it was still in the review process? I have taken over coordination of the project from Mr. Doug Huggett and some of our comments may have been misplaced, so I apologize if you have already sent them. If so, would you mind sending them again? Thank you! Courtney Spears Assistant Major Permits Coordinator NC Division of Coastal Management courtney.spears@ncdenr.gov 252.808.2808 Ext. 215 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties From: Dumpor, Samir Sent: Monday, September 21, 2015 3:15 PM To: Spears, Courtney <courtnev.spears@ncdenr.aov> Subject: RE: CAMA Major permit comments Cortney, • Isabelle Cantrell project is still in review and I'm expecting to finish it by the end of this week or the beginning of the next one; • Clifton and Shell Spencer is being reviewed by Bill Moore in our office (252-948-3919); • If the National Audubon Society project is the same thing as Donal O'Brian Sanctuary and Audubon Society, I've already commented on it couple of months ago and my comment was that we have a permit SW7141103 issued for this project. I hope this helps Thanks Samir Samir Dumpor, P.E., Environmental Engineer Division of Energy, Mineral, and Land Resources Land Quality Section Washington Regional Office North Carolina Department of Environmental Quality (252) 948-3959 Office (252) 975-3716 Fax Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Spears, Courtney Sent: Monday, September 21, 2015 11:12 AM To: Dumpor, Samir Subject: CAMA Major permit comments Good morning, I have taken over the cooridination of several CAMA Major Permit applications from Doug Huggett/Daniel Govoni. I apologize, but in our staff transition, some comments may have been misplaced. Have you had a chance to review the following: • National Audubon Society (Currituck County) proposed improvements to docking facility, replace culvert, demolish buildings, reshape waterfowl impoundment, renovate/construct buildings, construct trails, install roadways/parking, and installing new wastewater and force mains at 300 Audubon Drive in Corolla. • Isabelle Cantrell (Beaufort County) proposed bulkhead and riprap revetment at 233 Robert Cox Road. • Clifton & Shelly Spencer (Dare County) proposed to excavate an upland basin & construct bulkhead along existing canal, maintenance dredge the existing canal, and construct a new dock at 31 Beverly Drive in Wanchese. Any information you can provide would be greatly appreciated. Kind regards, Courtney Spears Assistant Major Permits Coordinator NC Division of Coastal Management courtnev.spears @ ncdenr.gov 252.808.2808 Ext. 215 Email correspondence to and from this sender is subject to the N.C. Public Records law and may be disclosed to third parties rs. From: Sent: To: Subject: Attachments: t0� 40'�T3 pears, ou y OYV li FW: Spencer Yachts permit modification /n,� 20160823_125754.jpg jib OCM.F-i5�U*Wf M,OW-1 Courtney, /,7 ,n/t y" Cynthia Rountree Tuesday, September 13, 2016 2:43 PM S C rtne Good Afternoon! This is Cynthia Rountree from the Elizabeth City office. 1 have rec ved this Major Permit modification from Spencer yachts and was wonder if this would be able to through as a minor m dification. I was also wondering if I would need anything else from him other what he has sent me. I have forwarded s last correspondence on what he is proposing and the sketch he sent me. Any information you can give me on how to roceed and get this through for him would be greatly appreciated. Thank you so much for your assistance. (see below or correspondence) Thanks, (I�'n1 a t�1►Mr Cynthia Rountree a R 1 YY Field Representative Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 232 252-264-3723 (fax) cynthia.rountree(a ncdenr.gov 1367 US Hwy 17 South Elizabeth City, NC 27909 Nothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: BEAU SILVER [mailto:beausmarine@gmail.com] Sent: Tuesday, August 23, 2016 3:51 PM To: Cynthia Rountree <cynthia.rountree@ncdenr.gov> Subject: Re: Spencer Yachts permit modification Cynthia Rountree, Puff 1Y OY-- \"w piduvelwaydW The system that we have designed is going to have three checks for the containment of particles. There will be a Thy 2' by 30" deep trap box cast into the middle of the pad that can be lined with a sediment bag that can be removed. The drain pipe will be 4" positioned toward the top of the trap with minimum slope to the septic tank. The septic tank has a baffle in the middle so it will act as double trap for particles. This will make three trap points before clean water can flow into the canal. The pad will only have one trap in the middle and it will be sloped toward the drain to prevent runoff. I am sending you a copy of the site plan with the proposed washdown pad and dock. If you need a hard copy, then I would be happy to mail you one. Thank You, Beau Silver On Fri, Aug 19, 2016 at 2:40 PM, Cynthia Rountree <cynthia.rountree(a ncdenr.gov> wrote: Good Afternoon Mr. Silver, I have gone over what I have from you and will require some more pieces of information before I can finish up your modification. The First thing I need from you is taking the current site plan that you sent for the original permit and adding the modifications you would like to make to this site plan and sending it to me. Also I need some more information about the wash down pad you have proposed. I also need to know where this waste water is going to once it exits the septic tank and how you are going to prevent any of the particles that are being washed off of the vessels from going outside of the slab and eventually being washed out onto the ground or into the waterway. If you can get that information for me that would be great and then we can proceed from there. You may have to do some modification to your slab design in order to prevent waste from accidentally being washed out into the waterway. Thanks! — Cynthia From: BEAU SILVER [mailto:beausmarine(agmail.coml Sent: Monday, August 01, 2016 12:07 PM To: Cynthia Rountree <cynthia rountree@ncdenr.gov> Subject: Fwd: Spencer Yachts permit modification ---------- Forwarded message ---------- From: BEAU SILVER <beausmarin-e-@gmail.com> Date: Mon, Aug 1, 2016 at 8:05 AM Subject: Fwd: Spencer Yachts permit modification To: totalmarine30l@yahoo.com ---------- Forwarded message ---------- From: 'BEAU SILVER" <beausmarine@ mg ail.co Date: Jul 25, 2016 5:37 PM Subject: Spencer Yachts permit modification To: "Russell, Kelly" <kellv.russellna,ncdenr.gov> Cc: I'm sending you a sketch for the additional dock over the bulkhead on the west side of the travel lift well, approximately 120ft. This may have been in the permit already. It could have been for the bulkhead cap. Also I'm sending an engineered copy of the washdown pad and the tank design. This is for catching the water when they wash a boat so that the water can be filtered before it is disposed of. The tank is to catch and contain solids that are washed of the boats and the overflow will be installed at the South end of the new bulkhead. I am also putting a $100 check in the mail. When we applied for the permit we did not have a finalized plan. Let me know what needs to be done so I can continue on with this project. Look forward to working with you on new work to come. Let me know when you receive this to make sure i have the right email address. Thanks. Beau Silver 252-480-5539 MajBrowseNew Page 2 of 5 Save ALL my records to another application. Recon t �� Shov DETj belom ID SE 1(v1' � k e�- c, ( l e� i"-� : 5 U -- ,- w C 12-14-, .�- LJ�v��-s V2S -�('6 P1 rSa Co7)acs- s9v� gID1 PA-A)6'C� JIFF—/�7 5sue Major k&&j1V1 CA-KS'hA,ljr1M — 1h '-09- 07'{K e4yj(t�n -�O-( coaU+O�l Permit Cep ply Applic, Applica tilio 5i li- fti�lce- Permit �t 1c4 Z�JIS�� DCM I QVI �vt�l Permit osm V11aoYLkV@ DCME n.' Sid LinK' �d Applica Ct 1 K t/t SS �� , f oS 3490 can be Project Y w" Date Al �l'AYI� �nInJS CCViGf tVl YVIGtlZy1 Objecth Date Re v014411VLJ Action Due Date: 10/31/2015 Issue/Deny/Withdraw Date: 10/19/2015 Expiration Date: 12/31/2018 Special Permit Authorization: PIC Project Description: Excavate an upland basin for a commercial boat travel lift, bulkhead along basin dredge existing canal, construct new dock. Consistent with Zoning Regulation: Y Setback Required: N Hazard Notification Returned: N Temporary Impacts: N Mitigation Required: N http://dcm2.enr.state.nc.usldcmcdaitslmajor/viewIMajBrowseNew.aspx?PageTask=REPO... 2/22/2016 MajBrowseNew Page 3 of 5 Monitoring Required: N Acknowledgement Letter sent to Applicant: Y Applicant (Owner or Agent): Clifton P Spencer, Sr. Applicant (Owner or Agent): Shelly M Spencer Applicant (Owner or Agent): Spencer Yachts POBox: 240 City: Wanchese State: NC Zip:27981 Country: USA Phone1:252-473-6567 Fax:252-473-6568 Email: pspencer@spenceryachtsinc.com Physical Addl: 31 Beverly Drive Physical City: Wanchese Physical State: NC Physical Zips: 27981 Applicant (Contractor): Beau W Silver Applicant (Contractor): Total Marine Services, Inc. Applicant (Contractor): Winston S Silver POBox: 415 City: Wanchese State: NC Zip:27981 Country: USA Phonel:252-473-3338 Phone2:252-480-5539 Fax:252-473-4545 Email: beausmarine@gmail.com; totalmarine30l@yahoo.com Project Location Addl: 31 Beverly Drive City: Wanchese Zip:27981 Phone:252-473-6567 County: Dare Local Planning Juris: Dare County Riverbasin: PASQUOTANK Major Waterbody: Croatan Sound Site Description AECs 118-15 07H .0209 Estuarine Shoreline 118-15 07H .0206 Estuarine Waters 118-15 07H .0207 Public Trust Areas Adjacent Waterbody: Croatan Sound http://dcm2.enr.state.nc.usldcmcdaits/major/view/MajBrowseNew.aspx?PageTask=REPO... 2/22/2016 MajBrowseNew Page 4 of 5 Adjacent Waterbody Type: Nat ORW: N PNA: N Critical Habitat: N Shoreline Length: 1200.000 Tract Size: 174240.000 SAV: N Sandbags: N Moratorium Conditions: N Digital Photos: Y 15ft Waiver: N Site Additional Description DCM Primary Water Classification: Saltwater suitable for shellfish harvesting (SA) DCM Secondary Water Classification: Not Applicable to Project (NA) Wetlands Impacted: 118-15 Not Applicable(NA) Shell Bottom Present: N Shellfish Harvest Area: Closed Land Use Classification 1: Conservation, transitional Did the LUC come from the County LUP: Y Is the Project Water Dependent: Y Estimated Erosion Amount: 2-3 ftlyear Source of Estimated Erosion Amount: applicant Type of Discharge: Less runoff since 1/4 acre +/- will be excavated pond/catch basin if needed. Environmental Assessment Done: N No Activity Numbe Typ Replace Measurel Measure2 Measure3 118-15 Access channel(cana0(length_width _depth) 1 M N 150.000 20.000 8.000 118-15 Boat basin(slip)(length_width_depth _ number) 1 NW N 100.000 26.000 8.000 118-15 Bulkhead(NOT MHW vin I)(len th width height av Dist) 1 NW N 420.000 2.000 10 118-15 Pier or dock(length_width) 1 W IN 130.000 12.000 Permitted Disturbances PNo Habitat Type Total Square Feet. Final Square Feet Total Feet Final Feet 118-15 High ground(HG) Dredge2600.000 2600.000 118-15 High ground(HG) Fill 1356.000 1356.000 118-15 Shallow bottom(SB) Dredge 3000.000 3000.000 118-15 Shallow bottom(SB) Fill 840.000 840.000 118-15 Shoreline(SH) Fill 420.000 420.000 Hold History No Holds IApency Vate Sent (Date Due (Date Receive http://dcm2.enr.state.nc.usldcmcdaits/major/viewIMajBrowseNew.aspx?PageTask=REPO... 2/22/2016 MajBrowseNew Page 5 of 5 DCM Field Rep(DCM_FLD_REP) 08/19/2015 09/09/2015 Local Govemment(LOC_GOVT) 08/19/2015 09/09/2015 DCM Land Use Consistency Review (Dist. Planner)(DCM_LUP) 08/19/2015 09/09/2015 C Div. of Community Assistance (DCA) 08/19/2015 09/09/2015 C Div. of Land Quality(DLQ) 08/19/2015 09/09/2015 C Div. of Water Quality, Wetlands Br.(DWQ_401) 08/19/2015 09/09/2015 C Div. of Water Quality, Stormwater Mgt.(DWQ_SWP) 08/19/2015 09/09/2015 C State Property Office(SPO) 08/19/2015 09/09/2015 C Div. of Cultural Resources, Archives & History(ARC&HIS) 08/19/2015 09/09/2015 C Div. of Env. Health, Shellfish Sanitation(DEH) 08/19/2015 09/09/2015 C Dept. of Transportation(NCDOT) 08/19/2015 09/09/2015 C Wildlife Resources Commission(WRC) 08/19/2015 09/09/2015 C Div. of Water Resources(DWR) 08/19/2015 09/09/2015 C Div. of Marine Fisheries(DMF) 08/19/2015 09/09/2015 US Army Corps of Engineers(USACoE) 08/19/2015 09/09/2015 C Div. Archives and History(DAH) 08/19/2015 09/09/2015 C Public Water Supply (PWS) 08/19/2015 09/09/2015 Public Comments No Public Comments.. Notes: No Notes http://dcm2.enr.state.nc.usldcmcdaitslmaj or/view/MajBrowseNew.aspx?PageTask=REPO... 2/22/2016 MajBrowseNew Page 1 of 5 SIPS/DPD: Major Permit Browse Applicant or Contractor Name Main Menu for General and Maior Permits El NC Dept. of Transportation applicants Optional Select v Name of Project Status 118-15 1 Select Staff Select District v Select County v Application or Permit No. Staff Name District County Project City StateRd/Hwy Subdivision Project Site Address Field Received App Due BEGIN Daze: Field Revd END Date: Field Rcvd BEGIN Date: App Due END Date: App Due Permit Issued Permit Expired I I BEGIN Daze: Issue END Date: Issue BEGIN Daze: Expiraion END Date: Expiration Due to lengthy display of SIPS Dale information, please indicate whether you wish the Issue Date information to appear in your record display. OO DO NOT Display Detailed SIPS Issue Dates O DO Display Detailed SIPS Issue Dates ____ CLEAR ALL data filters, re-enter information and re -Submit Query Submtt Query__ http://dcm2.enr.state.nc.usldemedaitslmajor/view/MajBrowseNew.aspx?PageTask=REPO... 2/22/2016 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Spencer Yachts 2. LOCATION OF PROJECT SITE: 31 Beverly Dr SR 1183, Wanchese, Dare County Photo Index — 2006: 182-7238 (W,3) 2000: 181-2164 (U,4) 1995: 181-1863 (V,7) State Plane Coordinates - X: 2991046.08 Y: 779085.99 3. INVESTIGATION TYPE: CAMA D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — July 28, 2015 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete —August 17, 2015 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: yes (D) Intended Use: commercial (E) Wastewater Treatment: Existing — private septic system Planned - none (F) Type of Structures: Existing — several metal buildings, one existing travel lift, docks, boat ramp Planned - additional travel lift, boat basin, bulkhead (G) Estimated Annual Rate of Erosion: 2-3 ft/year Source - applicant 7. HABITAT DESCRIPTION: [AREA] nRFnC,Fn FILLED OTHER (A) Estuarine Shoreline 2,600 sq ft 1,356 sq ft 180 sq ft (basin) (apron/basin) (shaded/ dock) (B) EW, PTA 3000 sq ft 840 sq ft 180 sq ft channel (bulkhead) (shaded/dock (C) High ground (outside of AEC) 8,200 sq ft (spoil disposal) 1 RECEIVED (D) Total Area Disturbed: 15,996 sq ft SEP 0 91015 (E) Primary Nursery Area: no`��'" (F) Water Classification: SA Open: no 8. PROJECT SUMMARY: Excavate an upland basin for a commercial boat travel lift, bulkhead along basin and along existing canal, maintenance dredge existing canal, construct new dock. Field Investigation Report Page 2 Project Setting The site of the proposed development is at 31 Beverly Dr SR 1183, Wanchese, in Dare County. The property is adjacent to a canal that leads to the Croatan Sound. The property is approximately 4 acres and is the site of an existing commercial boatyard Spencer's Yachts. The elevation of the property is approximately 6 ft above normal water level (NWL) and is mostly developed with very little vegetation consisting of sparse lawn grasses and pine trees. Existing structures on the property consist of 6 metal buildings, gravel parking areas, a travel lift, a boat ramp, and extensive wooden docks. There are no known areas of archaeological significance associated with the property. Most of the approximately 1200 ft of shoreline is currently bulkheaded. The adjacent property to the west of the proposed project area is an undeveloped lot and the canal dead ends on the western border of the property. There is another commercial boatyard in close proximity of Spencer Yachts and several residential homes across the canal. The canal in the project area is classified as SA waters and is closed to shellfish harvesting. Water depths in the middle of the canal are approximately 10 ft and are approximately 4 ft near shore. Development Proposal The applicant proposes to excavate a 26 ft by 100 ft upland basin and install a commercial boat travel lift within the basin. The applicant would stabilize the basin shoreline with bulkheading and install a 6 ft wide concrete apron around the edge of the basin for the travel lift. The applicant would excavate the basin to an approximate average depth of 8 ft. The applicant also proposes to install 420 ft of new bulkheading along a portion of the canal at an average of 2 ft waterward of NWL and a maximum of 6 ft from NWL. The applicant proposes to also maintenance dredge a 150 ft by 20 ft area to an average depth of 8 ft along the canal. The existing water depths are approximately 4 ft in the dredge area and 8-10 ft in the middle of the canal. The spoil generated from the basin excavation will be retained on site using silt fencing and berms and allowed to dry and then hauled away. The spoil generated from the maintenance dredging will be temporarily stored on a lot across the canal that is owned by Spencer Yachts and also retained by silt fencing and a berm and allowed to dry and hauled away. The project also proposes to construct a 30 ft by 12 ft dock along the canal to connect with existing docks. Anticipated Impacts The proposed project would disturb 3,956 sq ft of Estuarine Shoreline Area of Environmental Concern, 3,840 sq ft of Estuarine Water Public Trust Area of Environmental Concern, and 8,200 sq ft of highground outside of any Areas of Environmental Concern. Temporary water turbidity would occur near the project area. RECEIVED SEP 0 91015 Submitted by: Kelly Russell Date: August 18, 2015 Permit Class NEW Permit Number 118-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �ern�it 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 Issued to Clifton & Shelly Spencer, P.O. Box 240, Wanchese, NC 27981 Authorizing development in Dare County at adjacent to Croatan Sound, 31 Beverly Drive in Wanchese as requested in the permittee's application dated 07/29/15 (MP-1, MP-2) & 07/23/15 (MP-4) incl attached workplan drawings (2) both dated received at DCM Elizabeth City 07/29/15. This permit, issued on October 19. 2015 , 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. Shoreline Stabilization 1) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. 3(ik r t Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Clifton & Shelly Spencer ADDITIONAL CONDITIONS Permit No.118=15 Page 2 of 4 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation or other land disturbing activities is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) No backfill material is to be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. 8) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Docking Facility 9) This permit authorizes only the dock and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non - water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 10) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 12) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 13) This permit authorizes no new formalized boat slips. 14) 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. Upland Boat Basin & Canal Dredging 15) Excavation shall not exceed -8 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. Clifton'& Shelly Spencer Permit No.118-15 Page 3 of 4 ADDITIONAL CONDITIONS 16) A turbidity curtain shall be left between the upland basin area to be excavated and the existing canal and a 24 hour period after completion of excavation shall elapse prior to curtain removal to prevent unnecessary siltation into the adjacent water body. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) No excavation shall take place outside of the alignment of the fill area indicated on the workplan drawings. Spoil Disposal 19) All excavated materials shall be confined above normal 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. 20) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 21) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. Sedimentation & Erosion Control 22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented during new or maintenance excavation to ensure that eroded materials do not enter- adjacent wetlands, watercourses and property. 23) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 24) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Maintenance Clause 25) 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. Clifton & Shelly Spencer ADDITIONAL CONDITIONS General 26) No excavation or filling of any vegetated wetlands is authorized by this permit. Permit No. 118=15 Page 4 of 4 27) 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. 28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 29) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 Action ID No. SAW-2015-01857. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 15-0859. NOTE: The N.C. Division of Energy, Land, and Mineral Resources exempted the, proposed project and assigned it Stormwater Project No. SW7150810. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. I. Additional Information A project narrative Spencer Yachts is located in Dare County, North Carolina. They have been in business for almost twenty years and this year will being completing their one hundredth yacht. As business continues to grow so does the size of the yachts being built. We are proposing an area on the yard site in Wanchese, NC to accommodate hauling and handling these larger vessels. There is already a sixty -ton Marine Travel Lift in use at the facility. A new one hundred ton lift will be required to handle these bigger yachts. This means a larger well/runway will be needed for the new lift. This entails a continuous bulkhead of approximately 450 linear ft. and concrete piers for the machine to be able to pick up and launch these larger yachts. Some excavation will also be required since the well will be built into the land connecting to the canal. The estimated yardage to be removed Is 1200 cubic yards and this will be contained on site. There may also be some maintenance issues such as maintaining water depth along the existing dock/bulkhead along the main canal next to the new well. The existing water depth is loft in the middle of the canal and 4ft to five foot along the bulkhead for approximately 250ft. We would like to achieve 8ft. The estimated yardage is 450 cubic yards. The spoil will be contained on a lot directly across the canal, 241 Beverly Drive. RECEIVED SEP 0 9 201j tdw DOE DIM APPLICATION for Major Dovoiopm®nt put revlaad 12127106) Y �l JUL 2 9 2015 cc ( North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name 5 ya��}� Project Name (if applicable) i cowl G-&Eell Applicant 1: First Name ('46• MI P Last Name S Applicant 2: First Name MI Last Narre . M 5 If additional applicants, pl ase attach an additional pages) with names listed. Mailing Address P.0. (3 PO Box aLio City Iw �� State W� ZIP Country Phone No. FAX No. & //� ext. - t�r� l 13 - 4 J F 6VQ Street Address (if different from above) 31 ov'I l�r City W � State W, ZIP de l Email gPt.NGcr(9)spet-ter AC. toA,\ $wk:�*@ ��rnetT�ack�Slr�C• Cows 2. Agent/Contractor Information Business Name �A Agent/ Contractor 1: First Name Qeaw' - MI W Last Name Sf kKr Agent/ Contractor 2: First Name MI s Last Name sllver W1A)�� Mailing Address PO Box City State�/ ZIP p� �� IV I Phone No. tJ cx� -- �13- 3 sdext. Phone No. 2 )a - 4210- 6131ext. FAX No. Sd- 1 - yStiS' Contractor # Street Address (if different from above) city Stale ZIP ('T� 11 Wtr/�GK.Xi P Email bes✓%wIxe-@ I t^11. wnn. RECEIVED <Form continues on back> SEP 0 910b QC-1J i11W;A& ,, 252-800-2808 :: 1.888.4RCOAST :. www.necomstaimanagement.net r Form bCM MP-1 (Page 2 of 4) J U L 2 q 2015 APPLICATION for Major Development Permit 3. Project Location - - County (can be multiple) Street Address . • ;.. -. , .... ...,n:...... ..._ ... -- : State Rd. # t. _Q W fit/e- Subdivision Name city w � State Mc- Zip aoq Phone No. Lot No.(s) (if many, attach additional page with list) '7]�� / ^ L,1J ,12-- lFi I ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to roposed project Pa o C� c. Is the er body identified in (b) above, natural or manmade? d. Name the closest major water body the proposed project site. atural ❑Manmade []UnknownC�0..V1 so wo e. Is proposed ithin city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Ves work falls within. /v 4. Site Description a. Total length of shoreline on the tract (ft.) , '/ b. Size of entire tract (sq.fi.) �— () 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 [[]NG/L e. Vegetation on tract p;�. ) 0"'041 -ZIA per� to - f. Man-made features and uses now on tract 6 LAA t^5s , "5) 1,4 -/ g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? MC- I (Attach zoning compliance certificate, if applicable) ❑Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes 1:111,16- k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes 090 ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes VWo ❑NA RECEiv National Register listed or eligible property? �Jr.71■ Li Y <Form continues on next page> 252-008.2808 :: 11-888-4RCOA8T :: www.neeoastatmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (1) Are there wetlands on the site? J 1 i; ❑YesPICS, (ii) Are there coastal wetlands on the site? ❑yes c9mb (III) If yes to either (1) or (ii) above, has a delinealio been conducted? ❑Yes []No(Attach documentation, if available) ----- __ n. Describe existing wastewater treatment facilities. "- ,...... .. :, o. Describe existing drinking water supply source. J f 1�.1\ �lie�lt( / W p. Describe existing storm water management or treabn nt systems. sy 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ommercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. I Nar'Aj, ThVt el L.1 f�- 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. bey) G+-re- ) ejctaAJ414� lam,• d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? a f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and, proposed discharges to waters of the state. i 105 r s-AQ, `iy l:ue. +/_ (w.> k 6e,, eLW*�-k p,./ va, b rF t I. Will wastewater or stomnwater be discharged into a wetland? ❑Yes - o [INA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No 0 eA j. Is there any mitigation proposed? ❑Yes Wo ❑NA If yes, attach a mitigation proposal. CV <Form continues on back> SEP U 9 20b be"etw 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net t Fo'rm'DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addidonallnfonnation 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) - (Q are always applicable to any major development application. Please consult the application instruction booklet on'how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Te rofv.ic-k 0&AmZ-e + Phone No. Address P,l). aOk 537 ul\^J et_ AL 6A1-1fJ1 0 � 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 forth, if applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly 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. 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. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date ' n�q' �5 Print Name �ep�`Sliae— r Signature Please indicate application attachments pertaining to your proposed project. J U L 2 9 ZOOS �ECE;D CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges a d Cul arts ❑D MP-3 Upland Development - _ — ,- ,. Eh 0 g!20 CM MP-4 Structures Information I 252.806-2808 :: 11•888-41RCOAST :: www.nccoaataimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except 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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length so a _ Width Avg. Existing Depth _ NA NA Final Project (, f, NA NA Depth O O T7 a f-f — — a. Amount of material to be excavated from below NHW or NWL cubic yards. 1 t f�13 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 ❑WL _ -9None (if) Describe the purpose of the excavation in these areas: a. Location of disposal area. []This section not applicable Type of material to be excavated. High -ground excavation in cubic yards. -7 76 tip 3 b. Dimensions of diSDOsai area. i dsR1 01110acre o Canal 41 gcvrr lip• C. (i) Do you claim title disposal area? Y d [XYes []No []NA (if) If no, attach a letter granting permission from the owner. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. []CW _ []SAV ❑SB ❑WL _ %None (if) Describe the purpose of disposal in these aromas: This section not 4nIX196' I ,I XSIny (i) Will a disposal area be available for future maintenance? Yes ❑No []NA (it) f yes, where? f. (i) Does the disposal include any area in the water? ❑Yes )6No ❑NA (it) If yes, how much water area is affected? RECEIVED SEP a 9 208 OC44AWQ CIA+ 252-808-2808 :: 1-888.4RCOA5T :: www.necoastalmanagement.net revised: 12126/06 Form DCM MP-2 (Excavation and Pits, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Ty" shoreline stabilization: b. Length: AIIC f 7 I)nlr LUBulkhead LJRiprap Utireakwaten5111 ULMer. a Ave �rree waterward of NHW or NWL: d. e. Type of stabilization material: f. v)T g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill_ Other_ i. Source of fill material. Width: ,,.... �...,, Maximum distlince wal rd of NHW or (i) Has there been Shoreline erosion during preceding 12 �mo,/nths? h?t"es []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. 1Mlhdt% e-IM to h. Type of fill material. SOU / sgmav � � 4. OTHER FILL ACTIVITIES ❑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, submerged aquatic vegetation (SAV), shell bottom (SB), or II Amount of material to be laced in the water other wetlands (WL)? If any boxes are checked, provide the () p number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV _ ❑SB (iv) Purpose of fill ❑WL []None 6,k AA bJU..1 (it) Describe the purpose of the fill in these areas: & 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? //'' backho1e, or hydraulic dredge)? sj i(4- i�.NC,(� 'JN� .QXC.AtIO�. c. (i) Will navigggati9AaI aids be required as a result of the project? ❑Yes Uflo ❑NA (ii) If yes, explain what type and how they will be implemented. Date d. (I) Will wetlands be croliSed In transporting equipment to project RECEIVED she? ❑Yes QN5 ❑NA SEP 0 9 20b (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. qa Applicant Nam QewA , I I JUL 2 9 2015 Project Name Applicant Sign ya4ts TI&I &:,K- t 252.808-2808 c: 1-088-4RCOAST :; www.necoastaimanaoement.net - ,. xavis,ed: 1212WQB -.. r Form DCM MP-4 STRUCTURES I I JUL 29 2015 (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections:of the Joint Application that relate to this proposed project. Please include all supplemental infonnetion: 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the mocking facility/marina: omercial ❑PublldGovernment ❑Private/Community c. (I) Docks) and/or pier(s) (it) Number (Ili) Length / 1' 7t7.r� (iv) Width ��r - ta�f (v) Floating []Yes [�I4'o e. (1) Are Platforms included? []Yes QNo If yes: (11) Number _ (ii) Length (iv) Width _ (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. ())Number of slips proposed (it) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required []Other, please describe: k. Typical boat length: 304 - 90.41- m. () W!'tbeJacility have tie pilings? es []No (ii) If yes number of tie pilings? 10 - Q-z i-+ [I This section not applicable b. (i) Will the facility be open to the general public? ❑Yes tLdlvo d. (1) Are Finger Piers included? []Yes 8110- If yes: (II) Number (Ili) Length (iv) Width _ (v) Floating []Yes []No I. (i) Are Boadifts included? []Yes BN-O If yes: (11) Number (Ili) Length (iv) Width _ It. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ( wet slips? only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). C-0,ry r-fw\ bo.'-s I. (1) Will the facility be to the general public? ❑Yea RECEIVED SEP 0 9 Y05 Z DOCKING FACILITY/MARINA OPERATIONS Jrhis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. EWce Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: -- - - - -- " b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. /mil/' na (ii) Give the location and number of "Pumpout Available" signs proposed. I. Describe the speclal desigp, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? r In. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-hapoling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushmg7 1. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED 1, m. Is the marina/doc 'rig facility proposed within a primary or secondary nursery area? ❑Yes PNK29 20i. n. Is the marina/doc facility proposed within or adjacent to any shellfish harvesting area? ❑Yes o o. Is the marina/docking facility proposed within or adjacent to 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 OWL one p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes @N If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (Including covered lifts) this section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community, (ii) Number (III) Length _ IN) Width Note: Roofed areas are cakulated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. I/ a rock groin, use MP-Z Excavation and Fill.) [)Wr s section not applicable a. (1) Number (ii) Length (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) (moils section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS s section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) SEP U 9 2015 eewune e" I 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity )of structure(s) to adjacent docking facilities. IW o`i NI Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth al waterward end of structure at NLW or NWL e. (i) Wit navigational aids belequired as a result of the project? ❑Yes ❑No [f]N.A (ii) If yes, explain what type and how they will be implemented. 8. OTHER ❑This section not applicable A . Give comnlete deucdntion: 15 Date i Project Name R JUL 2 q 2015 Applicant Name ! Applicant Signature '------- - _- PP 9 i RECEIVED SEP U 9 M3 uw'. Ax . L wth's"i4c 6 -'0 RECEIVED. JUL :2 9 2015 SEP 0 9 i0tj DUD EK P.O. COBNOSUX 2882 LTING, P.0 "LMINGTO NC 28402 (9 10) 76K / North Carolina Department of Environmental Quality Pat McCrory Governor Donald R. van der Vaart Secretary October 20, 2015 Clifton & Shelly Spencer P.O. Box 240 Wanchese, N.C. 27981 Dear Sir or Madam: 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. Sincerely, o-� d ,y Idi glas V. Hugg9 1q— Major Permits and Consistency Manager Enclosure N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 i Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nGcoastalmanagement.net 'I An Equal Opportunity IAffinnaGve Acton Employer —Made in part by recycled paper DCM Coordinator: 5�� Permit #: MAILING DISTRIBUTION SHEET Agents•T>+al MgtiluCeivi(eS Iy. &w 4 INinsfon Silver, POt3ax 14IS LJahGfvcc,A)� Z?�i8( DCM Field Offices (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: RRalei-WBlanl William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams (WIRO) Joey White (WARD) DCM/ Shane Staples Fisheries Specialist Vegg Bodnar NC DOT: Ken Pace DMF/ Shellfish Sanitation: Shannon Jenkins State Property: LTim Walton 0 Water Resources: 1100agins ( John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR Washington: :Scott Vinson-Stormwat* Wilmington: Georgette Scott= Stormwater Wildlife Resources: LPO: Fax Distribution: Permitee Agent #:_ Z �0 a DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD .) APPLICANT: Clifton and Shelly Spencer, Spencer Yachts LOCATION OF PROJECT: 31 Beverly Drive (SR 1183), Wanchese DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 08/17/15 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES County: Dare CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Kelly Russell DISTRICT OFFICE: Elizabeth Ciri DISTRICT MANAGER REVIEW: �( Date: / 9 J B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 08/23/15 END OF NOTICE DATE: Comments due: 09/12/15 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 95PRass ON: C) 75 DAY DEADLINE: 10/31/15 MAIL OUT DATE: Circulation: 08/19/15 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENS 150 DAY DEADLINE: I ! 1 Lf /h STATE DUE DATE: Comments due: 09/09/15 FED COMMENTS REC'D: DRAFT ON 0 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative jD/ l Coastal Management - LUP Consistency Division of Community Assistance X Land Quality Section--DEMLR DWR/DWQ— AquiferProtection �l1 �p x C 22q 0� DWR/DWQ - Storm Water ZQJ �s X q- S J DWR—Public Water Supply State Property Office j /s x Division of Archives & History —Cultural Res. Division of Env. Health —Shellfish Sanitation >i Division of Highways --DOT Wildlife Resources Commission s JC 7 Local Permit Office/Planning Dept. ) S X DMF—DCM Fisheries Resource Specialist r Corps of Engineers C North Carolina Beverly Eaves Perdue Governor MEMORANDUM j 0i A. NCDENR Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Secretary TO: Doug Huggett, Major Permits Coordinator THROUGH: Frank A. Jennings, III, District Manager FROM: Kelly Russell, Field Representative 0 DATE: Oct. 1.2015 SUBJECT: Spencer Yachts Major Permit Recommendations Dee Freeman Director RECEIVED OCT © 5 ^015 DCM- MHD CI I Y The applicant proposes to excavate an upland basin, maintenance dredge an existing canal, bulkhead along the new basin and along the existing canal and construct a new dock. The project site is located at 31 Beverly Dr Wanchese, Dare County on a canal leading to the Croatan Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The development proposal meets the intent of this rule. Spencer Yachts Major Permit Recommendations Oct. 1, 2015 Page 2 ncr 0 5 2015 07H.0207 Public Trust Areas ,TY (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The applicant proposes to construct an upland basin and dredge existing canal adjacent to an existing boat yard/ marine fabrication shop. 07H.0208 Use Standards (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The development proposal meets the intent of this rule. (a)(2)(A) requires that the location, design and need for development, as well as the construction activities involved be consistent with the stated management objective. Consistent: The development proposal meets the intent of this rule. (a)(2)(B) requires that no suitable alternative site or location outside of the AEC exists for the use of development. It further states, "that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland, shellfish bed, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers. Consistent: The proposed development is consistent with the intent of this rule. (a)(2)(C) requires that the development shall not violate water and air quality standards. Spencer Yachts Major Permit Recotnme IV E D Oct. 1, 2015 t C Page 3 OCT 0 5 2015 DCM- MHD LATY Consistent: This development will not violate water and air quality. (a)(2)(D) requires no major or irreversible damage to valuable documented archaeological or historic resources. Consistent: There are no known archaeological or historic resources on the property. (a)(2)(E) requires that the development shall not measurably increase siltation. Consistent: It does not appear that this development will measurably increase siltation. (a)(2)(F) requires that the development shall not create stagnant water bodies. Consistent: It does not appear that this development will create stagnant water bodies. (a)(2)(G) requires that the development shall be timed to have minimum adverse significant affect on life cycles or estuarine and ocean resources. Consistent: Development will have minimum adverse significant affect on life cycles or estuarine resources. (a)(2)(H) requires that development shall not impede navigation or create undue interference with access to, or use of, PTA or EW. Consistent: The development proposal meets the intent of this rule. 15A NCAC 07H .0208 USE STANDARDS (b) Specific Use Standards (1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this Subchapter. Navigation channels, canals and boat basins shall also comply with the following standards: Consistent: The development proposal does not affect any known PNA's, SAV's, or coastal wetlands (A) Navigation channels and canals may be allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and if there is no reasonable alternative that would avoid the wetland losses; Consistent: The development proposal meets the intent of this rule. (B) All dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal Spencer Yachts Major Permit Recommendations Oct. 1, 2015 Page RECEIVED OCT 0 5 2015 wetlands; DCM- MHD CITY Consistent: The development proposal meets the intent of this rule. (C) Dredged material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10); Consistent: The development proposal meets the intent of this rule, all dredge spoil will be properly contained and stored. (D) Widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation; Consistent: The development proposal meets the intent of this rule. (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland; Consistent: The development proposal meets the intent of this rule. (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters; Consistent: The development proposal meets the intent of this rule. (G) Construction of finger canal systems are not allowed. Canals shall be either straight or meandering with no right angle comers; Consistent: The development proposal meets the intent of this rule, no finger canals are proposed. (H) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include shoreline stabilization, vegetative stabilization, or setbacks based on soil characteristics; and Consistent: The development proposal meets the intent of this rule. (I) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; C Spencer Yachts Major Permit Recommendationk L. _. — qVE D Oct. 1, 2015 Page OCT 05 2015 DCM- MHD CITY (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human -made channel was constructed before permitting was necessary, there shall be evidence that the channel was continuously used for a specific purpose; (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel. Consistent: The development proposal meets the intent of this rule. Paragraph (7) is Bulkheads and Shore Stabilization Measures (7)(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate normal water level." Consistent: The bulkhead alignment is proposed to approximate normal water level and not exceed 2 ft from NWL at any point. (7)(B) Bulkheads shall be constructed landward of significant marshland or marsh grass fringes." Consistent: The bulkhead alignment proposed will not be waterward of any wetlands. (7)(C) Bulkhead fill material shall be obtained from an upland source approved pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non - upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicant's have indicated that clean upland fill will be used. 07H.0209 Coastal Shoreline (c) Management Objective. The management objective is to ensure that shoreline development is compatible with both the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, RECEIVED 0 Spencer Yachts Major Permit Recommendations OCT 2015 Oct. 1, 2015 Page 6 DCM- MHD CITY mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion, including, but not limited to, peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts shall include but not be limited to development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. Spencer Yachts Major Permit Recommendations Oct. 1,2015 REDE 'v iED Page 7 OCT 0 5 2015 DCM- MHD CITY (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (G) Grading, excavation and landscaping with no wetland fill except when required by a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters. Consistent: The proposed development will not increase stormwater runoff to adjacent estuarine and public trust waters. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to Spencer Yachts with the standard permit conditions. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 19, 2015 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Coordinator Division of Coastal Management Donald R. van der Vaart Secretary SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clifton and Shelly Spencer, Spencer Yachts Project Location: 31 Beverly Drive (SR 1183), Wanchese, Dare County Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/09/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. .0101 SIGNED DATE 8-IF-If Rrr.FNED SEP 14 1015 1367 US 17 South, Elizabeth City, NC 27909 yE 11 fW W SIR Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: htto://Dortal.ncdenr.orq/web/cm/dcm-home An Equal Opportunity \ Affirmative Acton Employer 0 AP.A. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator Division of CoaJAICP, Management FROM: Charlan Owen District Planner Division of Coastal Management Donald R. van der Vaart Secretary SUBJECT: Major Permit Request by Spencer Yachts (Clifton and Shelly Spencer) to create a 26 foot wide by 100 foot long upland basin with an average depth of 8 feet; install 420 linear feet of bulkhead, approximately 226 linear feet of 6 foot wide concrete apron, and a boat travel lift; construct a 12 foot wide by 30 foot long dock, and; maintenance dredge a 20 foot wide by 150 foot long area to an average depth of 8 feet; on a manmade canal that connects to the Croatan Sound; at 31 Beverly Drive, in the village of Wanchese, Dare County. DATE: August 25, 2015 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The subject property consists of approximately 4 acres with 1,200 linear feet of shoreline along a manmade basin and canal that connects to the Croatan Sound. The canal is approximately 93 feet wide at the subject property. Water depths in the canal range from approximately 10 feet in the center to approximately 4 feet near shore. The subject property is approximately 6 feet above Normal Water Level (NWL) and is located within the AE (EL 8) Floodzone. There is very little vegetation on the site, just sparse lawn grasses and pine trees. A commercial boatyard is located on the site. Existing site improvements consist of six (6) metal buildings and gravel parking area. Existing shoreline improvements include bulkhead, wooden docks, and a boat ramp with a travel lift. Creation of a 26 foot wide by 100 foot long upland basin with an average depth of 8 feet; installation of 420 linear feet of bulkhead, approximately 226 linear feet of 6 foot wide concrete apron, and a boat travel lift; construction of a 12 foot wide by 30 foot long dock, and; maintenance dredging of a 20 foot wide by 150 foot long area of the canal to an average depth of 8 feet are proposed. Bulkhead with a concrete apron will be located along the perimeter of the new basin. The boat travel lift will be installed within the new basin. Bulkhead will also extend west from the new RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net SEP 1410t An Equal Opportunity 1 ARrrnadve Acton Employer - Made in part by recycled paper North Carolina Department of Environment and Natural Resources Division of Coastal Management A MEMORANDUM Page 2 of 6 basin along unimproved shoreline an average of 2 feet waterward of NWL and a maximum of 6 feet waterward of NWL. The dock will be located in the canal at the eastern edge of the new basin. Dredge spoil from basin excavation will be stored on -site and dredge spoil from maintenance dredging will be stored on a site across the canal that is also owned by the applicant. Dredge spoil will be retained by silt fencing and a berm, allowed to dry, then transported offsite. The distance between the temporary spoil storage sites and NWL is not clearly indicated. The canal is classified as SA waters and is closed to shellfishing. There are no known archaeological sites associated with the property. A review of Submerged Aquatic Vegetation (SAV) was not provided. Anticipated impacts resulting from this project are expected to include: the dredging of 2,600 sq. ft. of Estuarine Shoreline Area of Environmental Concern (AEC) and 3,000 sq. ft. of Public Trust Area/Estuarine Waters AEC; the filling of 1,356 sq. ft. of Estuarine Shoreline AEC, 840 sq. ft. of Public Trust Area/Estuarine Waters AEC and .19 acre of high ground outside of an AEC; and, the shading of 180 sq. ft. of Estuarine Shoreline AEC and 180 sq. ft. of Public Trust Area/Estuarine Waters AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community Village". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 211 for the "Community Village" sub -classification... "Water -related land uses and facilities such as boat building, fishing, fish processing and crabbing are characteristic of this sub -class..." As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." Listed below is a glossary of key words that are used throughout Section 2 in the policy statements. The glossary is intended to convey the specific meaning of these key words. 1. adequate: sufficient to achieve the intended purpose or prevent harm 2. advocate: to promote or encourage 3. allow, authorize, permit: official action to let something happen 4. consider: to analyze; to take under advisement 5. control: to regulate or direct 6. discourage: to not favor, to dissuade 7. encourage: to favor or foster (also see support) 8. may: provides the option, but not required; permissive RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 SEP f 4 295 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n000astaimanagement.net � � An Equal Opportunity \ Afimiadw Action Employer - Made in part by recycled paper uV� North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 of 6 9. oppose: to not support or be against a proposed action 10. practicable: capable of being effected, feasible, likely to occur 11. preferred: the favored course among alternatives but does not preclude other options 12. prohibit: not allowed, to totally prevent 13. promote: to proactively encourage to take positive steps 14. reasonable: practical, just enough to do the job; not extreme 15. recognize: to show awareness of an issue or condition 16. require: to mandate something 17. shall: mandatory, not optional; a more formal term for "will" 18. should: preferred or recommended but not mandatory in all cases 19. significant: important; determined by quantity or relative impact 20. support: to foster; may imply financial support The following LUP policies may be applicable to this request: Public Access: Policy PA #1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Coastal Heritage Policy LUC #1, Page 149. "Dare County recognizes the importance of our coastal village heritage and will continue to work toward the preservation of that heritage with appropriate land use guidelines and regulations." Industrial Development Policy LUC #9, Page 156. "...Boat building, commercial fishing, and construction are recognized as traditional occupations and employment sectors in Dare County that are consistent with our coastal heritage." RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net SEP 14 10t An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 4 of 6 Archaeological/Historic Resources Policy LUC #15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the INC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH #2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Policy NH #3, Page 180 and Policy WQ #10, Page 192. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 SEP 14 2M Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net y C{N An Equal Opportunity 1 Affirmative Action Employer - Made in pad by recycled paper North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 5 of 6 Flood Hazards Policy NH #5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Water Quality: Water Quality Policy WQ #2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs with adjustments made to address local needs, conditions, and community support." Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low —impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." RECEIVED SEP 14 21M 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net &off-O&WeAV An Equal Opportunity i Affirmative Action Employer - Made in pad by recycled paper C6 North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 6 of 6 Fisheries Resources Policy WQ #11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." Local Areas of Concern: Tourism Policy LAC #10, Page 202. "Dare County advocates the dredging and other associated maintenance activities of all existing navigable channels, canals, boat basins, marinas and waterways. Such activities are of vital importance to our local residents, fisherman, and tourist economy." RECEIVED SEP 14 20b 1367 US 17 South, Elizabeth City, NC 27909 WG" , rµ+r Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal opportunity 1 Afirmative Action Employer- Made in pad by recycled paper PWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 19, 2015 TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Coordinator Division of Coastal Management Donald R. van der Vaart Secretary SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clifton and Shelly Spencer, Spencer Yachts Project Location: 31 Beverly Drive (SR 1183), Wanchese, Dare County Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/09/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. y 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 _ze— jl�yC`DATE i —� $ !� RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 AUG 81 2015 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: httoa/portal.nodenr,orohveb/cm/dcm-home An Equal opportunity 1 Affirmative Action Employer �.'���� NOT A CAMA PERMIT PILDCI`1R North Carolina Department of Environment and Natural Resources Pat McCrary Donald R. van der Vaart Governor Secretary September 4, 2015 DWR Project # 15-0959 Dare County Spencer Yachts Attn: Clifton P. Spencer, Sr. and Shelly M. Spencer P.O. Box 240 Wanchese, NC 27981 Subject Property: NO WRITTEN CONCURRENCE REQUIRED Spencer Yachts -Marine Travel Lift Dear Mr. and Mrs. Spencer: The Division of Water Resources (DWR) has received a copy of your CAMA Major application. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #3900 (GC3900), the impacts described in your application do not require written authorization to utilize GC 3900. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Division of Water Resources -Water Quality Regional Operations Sedan - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 Fax: 252-975-37161Internet: www.ncdenr.gov An Equal opportunity lAfNmaM Acdon Employer —Made In part by recycled paper 4 If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Spencer Yachts, Inc. Attn: Clifton P. Spencer, Sr. and Shelly M. Spencer DWRN 15-0859 401 APPROVAL Page 2 of 2 if sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauah@ncdenr.aov if you have any questions or concerns. Sincerely, �Rv Robert Tankard, Assistant egibnal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: GC 3900. Certification of Completion cc: Josh Pelletier, USACE Washington Regulatory Field Office Doug Huggett, DCM Morehead City Office File copy Laserfiche NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Spencer Yachts Attn: Mr. Clifton P. Spencer PO Box 240 Wanchese,NC 27981 Dear Mr. Spencer: Don Van der Vaart Secretary October 5, 2015 Subject: SW7150810-EXEMPTION Stormwater Management Permit Regulations CAMA Major - Spencer Yachts Travel Lift Project Dare County The Washington Regional Office received a copy of your CAMA Major application for the subject project located off Beverly Drive in Wanchese, NC, on August 24, 2015. The CAMA application describes a,project involving anew basin & travel lift and maintenance excavation in the adjacent waters. No new high ground development is shown with this proposal. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management ,permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the;required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Resources, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Please'reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact meat (252) 946-6481. Sincerely, 97, Bill Moore, Environmental Engineer Associate cc: Daniel Govoni, DCM -Morehead Washington Regional Office Division of Energy, Mineral, and Land Resources . Land Quality Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-64811 FAX: 252-975-3716 Internet: htti):/Ioortal,ncdenr.org/web4rAand-duality An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Donald R. van der Vaart Governor Secretary September 4, 2015 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA/DREDGE & FILL PERMIT Application Review Applicant: Clifton and Shelly Spencer, Spencer Yachts Project Location: 31 Beverly Drive (SR 1183), Wanchese, Dare Co. Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX 252-948-00401 Internet: www.ncwater.org/pws/ An Equal Opportunity 1 ARumative Action Employer DATE 9/4/2015 RECEIVED SEP o s tots 41eu*&'�, RECEIVED SEP U 9 2015 oc"�) e+w ATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 19, 2015 MEMORANDUM RECEIVED TO: Tim Walton, Manager AUG 2 X 2015 State Property Office DOA STATE PROPERTY FROM: Doug Huggett OFFICE Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clifton and Shelly Spencer, Spencer Yachts Project Location: 31 Beverly Drive (SR 1183), Wanchese, Dare County Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/09/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: s office has no objection to the project as proposed. This office has no comment on the proposed project. A` 1 This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. O� l DATE \ v `� RECEIVED SEP 17 2015 V 136 South. Elizabeth City. INC 27909 oc"-"0010" Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: htto:/loonal.ncdenr.orc/web/cm/dcm-home An Equal Opportunity 1 Affirmative Action Employer NCDENR ' No th Carolina Department of Environment and Natural Resources FW hiccrory' Donald R. van der Vaarl Governor Secretary August 19j�2015 .° AFMORANDOM �r iiesonrae� -. 3 � :Y~�-/ - . za'uusstt uggcu. .. Major'Permits Coordinator ; Aivision of Coastal Management SItBJECT-' CA3MA/Mr,I)GE & FILL Pennit Application Rcview rt A +7 Applicant: Clifton and Shelly Spencer, Spencer Yachts Project Location: 31 Beverly Drive (SR 1183), Wanchese, Dare County Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct now dock Please indicate belowyouragency's position or viewpoint on the proposed project and return this ronn by 09/09/15 to 400 Commerce Avenue Morehead City NC 28557 (fax: 252 247 3330). If you have any questions regarding the proposed protect, plcase contact Kelly Russell 26 at (252). -3901, V"hen appropriato, in-depth comirients with supporting data are; requested.: REPLY: This office has no objection to the project as proposed. This Office lots no comment on the proposeif.project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in Tile attached continents. SIGNED _` .__ "M DATE q+ ' q - 3F; US 177 $orsn h- Eli 'Jr!h C Tr9^ ally, r 9 Phu 252.2'.4 90. FAX 2a2 <^4.3723, he ap t R,="f; A. 4,01 [>ttp;2 Wly? Af$nafre AcAin, esr,,zJs�r SEP 0 2 2015 V� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 19, 2015 - L AUG p42 S lili MEMORANDUM Snellfish U Wasernitaho TO: Patti Fowler, Section Chief Marine Fisheries - Shellfish Sanitation & Recreation ity FROM: Doug Huggett Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clifton and Shelly Spencer, Spencer Yachts Project Location: 31 Beverly Drive (SR 1183), Wanchese, Dare County Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/09/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. ---f}— This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. RECEIVED r-C,e AUG 2 8 1015 SIGNED / b -� `� �^" P(4ff( kA.ie6 DATE ��S�l S 0-0 +u kolh 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 \ FAX: 252-264-3723 ; Internet: hfto:/lportal.ncdenr.ora/web/cmldcm-home An Equal Opportunity 1 Affirmative Action Employer 01/ A74i NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 19, 2015 MEMORANDUM TO: Maria Tripp Dunn NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Coordinator Division of Coastal Management SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary CAMA/DREDGE & FILL Permit Application Review Clifton and Shelly Spencer, Spencer Yachts 31 Beverly Drive (SR 1183), Wanchese, Dare County Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock C,5 Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/09/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED F . f DATE J - 2Z) l S RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 SEP 0 S 2015 Phone: 252-264-39011 FAX: 252-264-3723 ; Intemet: hftp lgwrtal.nodenr,ora/web/cm/dcm-home fi11a An Equal Opporwily, 1 Affirmative Action Employer ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director IS18 ) col :7.1a110J) TO: Courtney Spears Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Coordinator Division of Habitat Conservation DATE: September 3, 2105 SUBJECT: CAMA Dredge/Fill Permit Application for Clifton and Shelly Spencer, Spencer Yachts, Dare County, North Carolina. C5 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 31 Beverly Drive, Wanchese, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through I I3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to excavate a 26' by 100' upland basin to a final water depth of -8' NWL, install a commercial ravel lift within the basin, stabilize the shoreline with bulkheading, install a 6' wide apron around the edge of the basin, maintenance dredge a 150' by 20 area along the canal, and construct a 30' by 12' dock. Spoil generated from excavation will be placed on onsite, drained, and hauled away. The canal that leads to the Croatan Sound is classified SA by the Environmental Management Commission and is closed to shellfish harvesting. The NCWRC has reviewed the permit application and does not object to permit issuance. To minimize impacts to adjacent waters during excavation, we recommend a turbidity curtain be utilized around the project area We appreciate the opportunity to review and comment on this permit application. If you need RECEIVED further assistance or additional information, please contact me at (252) 948-3916 or at SEP 0 8 20b m ari a. dunn6d,)ncwildlife.org tlE;iNiAi+a k1`l� Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 ATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 19, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary Donna Creef, Planning Director Dare County Doug Huggett Major Permits Coordinator CAMA/DREDGE & FILL Permit Application Review Clifton and Shelly Spencer, Spencer Yachts 31 Beverly Drive (SR 1183), Warchese, Dare County Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/09/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE �-25- Z015 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: hno://oortal.ncdenr.org/web/cm/dcm-home An Equal Opportunity 1 Affirmative Acton Employer RECEIVED AUG 2 7 2015 AAK"a40W U" 0) fm I�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory RECEIVED Governor 'AUG 2 5 2015 August 19, 2015 ®C1n-tieben�.+ MCMnU A NnTTM WAR® TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Doug Huggett Major Permits Coordinator Division of Coastal Management Donald R. van der Vaart Secretary SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clifton and Shelly Spencer, Spencer Yachts Project Location: 31 Beverly Drive (SR 1183), Wanchese; Dare County Proposed Project: Excavate upland basin for a commercial boat travel lift, bulkhead, maintenance dredge existing canal & construct new dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/09/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed, This agency has no comment on the proposed project. V This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments: SIGNED DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX; 252-264-3723 ; Internet: htto://ooMl.ncdenr ora/web/cm/dam-home An Equal opportunity 1AfBrmative Action Employer M ARMA WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor MEMORANDUM: TO: Doug Huggett, DCM Major Permit Coordinator Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Clifton and Shelly Spencer, Spencer Yachts DATE: 9/2/15 Donald R. van der Vaart Secretary 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. Spencer Yachts proposes to upgrade its manufacturing and maintenance facility located adjacent to a man-made canal in Wanchese, NC. These improvements include maintenance dredging of the canal, excavation of an upland basin for installation of a 100-ton travel lift, vinyl bulkhead along the canal and construction of a dock built along the cap of the bulkhead. Although this project is located in a man-made canal system efforts should be made to control turbidity that will occur during the maintenance excavation as well and the new excavation of the basin. In order to protect fish and shellfish in the area from turbidity and sedimentation as well as to help prevent disturbed sediments from filling other areas of the canal that might negatively affect navigation turbidity curtains should be employed during the maintenance excavation of the canal. During construction of the upland basin a coffer dam or turbidity curtain could be employed to control excess turbidity in area. In both cases, canal maintenance and new upland basin, turbidity control measures should remain in place for 72 hours or until turbidity conditions within the project area return to normal. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.nodenr.gov An Equal Opportuniq 1 Affinnaflre Adon Employw- Made in part by mcyded pepw Spears, Courtney From: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil> Sent: Thursday, October 15, 2015 10:50 AM To: Bland, Raleigh W SAW; Spears, Courtney Subject: RE: CAMA Major Permit comments (UNCLASSIFIED) Courtney, Spencer Yachts is SAW-2015-01857. It will be a Tier II PGP 291 with no additional conditions. I am locked out of our database for some reason. Once that issue is taken care of I should be able to get you a number on Willie Etheridge. Let me know if you have any questions. Thanks! Josh R. Pelletier Project Manager United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910) 251-4605 We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/ Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Bland, Raleigh W SAW Sent: Tuesday, October 13, 2015 11:04 AM To: Spears, Courtney Cc: Pelletier, Josh R SAW Subject: RE: CAMA Major Permit comments (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Pier Pointe is SAW 201502099. It will be a Tier II PGP 198000291. There will not be any additional conditions. John Hoepfner is SAW 201501936. It is also a Tier II PGP 198000291 with no additional conditions. Thanks! I have Chowan, Beaufort, Craven, Hertford, Hyde, Perquimans, Tyrrell, and Camden. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Spencer Yachts 2. LOCATION OF PROJECT SITE: 31 Beverly Dr SR 1183, Wanchese, Dare County Photo Index-2006: 182-7238 (W,3) 2000: 181-2164 (U,4) 1995: 181-1863 (V,7) State Plane Coordinates - X: 2991046.08 Y: 779085.99 3. INVESTIGATION TYPE: CAMA D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — July 28, 2015 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete — August 17, 2015 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: yes (D) Intended Use: cosmercial (E) Wastewater Treatment: Existing — private septic system Planned - none (F) Type of Structures: Existing — several metal buildings, one existing travel lift, docks, boat ramp Planned - additional travel lift, boat basin, bulkhead (G) Estimated Annual Rate of Erosion: 2-3 ft/year Source - applicant 7. HABITAT DESCRIPTION: [AREA] nRFnrFn FII I Fn OTHER (A) Estuarine Shoreline 2,600 sq ft 1,356 sq ft 180 sq ft (basin) (apron/basin) (shaded/ dock) (B) EW, PTA 3000 sq ft 840 sq ft 180 sq ft (channel) (bulkhead) (shaded/dock (C) High ground (outside of AEC) 8,200 sq ft (spoil disposal) r«UCIVED (D) Total Area Disturbed: 15,996 sq ft AUG 2 4 1015 (E) Primary Nursery Area: no (F) Water Classification: SA Open: no"`�"" 8. PROJECT SUMMARY: Excavate an upland basin for a commercial boat travel lift, bulkhead along basin and along existing canal, maintenance dredge existing canal, construct new dock. Field Investigation Report Page 2 Proiect Setting The site of the proposed development is at 31 Beverly Dr SR 1183, Wanchese, in Dare County. The property is adjacent to a canal that leads to the Croatan Sound. The property is approximately 4 acres and is the site of an existing commercial boatyard Spencer's Yachts. The elevation of the property is approximately 6 ft above normal water level (NWL) and is mostly developed with very little vegetation consisting of sparse lawn grasses and pine trees. Existing structures on the property consist of 6 metal buildings, gravel parking areas, a travel lift, a boat ramp, and extensive wooden docks. There are no known areas of archaeological significance associated with the property. Most of the approximately 1200 ft of shoreline is currently bulkheaded. The adjacent property to the west of the proposed project area is an undeveloped lot and the canal dead ends on the western border of the property. There is another commercial boatyard in close proximity of Spencer Yachts and several residential homes across the canal. The canal in the project area is classified as SA waters and is closed to shellfish harvesting. Water depths in the middle of the canal are approximately 10 ft and are approximately 4 ft near shore. Development Proposal The applicant proposes to excavate a 26 ft by 100 ft upland basin and install a commercial boat travel lift within the basin. The applicant would stabilize the basin shoreline with bulkheading and install a 6 ft wide concrete apron around the edge of the basin for the travel lift. The applicant would excavate the basin to an approximate average depth of 8 ft. The applicant also proposes to install 420 ft of new bulkheading along a portion of the canal at an average of 2 ft waterward of NWL and a maximum of 6 ft from NWL. The applicant proposes to also maintenance dredge a 150 ft by 20 ft area to an average depth of 8 ft along the canal. The existing water depths are approximately 4 ft in the dredge area and 8-10 ft in the middle of the canal. The spoil generated from the basin excavation will be retained on site using silt fencing and berms and allowed to dry and then hauled away. The spoil generated from the maintenance dredging will be temporarily stored on a lot across the canal that is owned by Spencer Yachts and also retained by silt fencing and a berm and allowed to dry and hauled away. The project also proposes to construct a 30 ft by 12 ft dock along the canal to connect with existing docks. Anticipated Impacts The proposed project would disturb 3,956 sq ft of Estuarine Shoreline Area of Environmental Concern, 3,840 sq ft of Estuarine Water Public Trust Area of Environmental Concern, and 8,200 sq ft of highground outside of any Areas of Environmental Concern. Temporary water turbidity would occur near the project area. RECEIVED Submitted by: Kelly Russell Date: August 18, 2015 AUG 2 4 20b 4V4"-4A*.4 A��" Additional Information A project narrative JUL 29 2015 I i Spencer Yachts is located in Dare County, North Carolina. They have been in business for almost twenty years and this year will being completing their one hundredth yacht. As business continues to grow so does the size of the yachts being built. We are proposing an area on the yard site in Wanchese, NC to accommodate hauling and handling these larger vessels. There is already a sixty -ton Marine Travel Lift in use at the facility. A new one hundred ton lift will be required to handle these bigger yachts. This means a larger well/runway will be needed for the new lift. This entails a continuous bulkhead of approximately 450 linear ft. and concrete piers for the machine to be able to pick up and launch these larger yachts. Some excavation will also be required since the well will be built into the land connecting to the canal. The estimated yardage to be removed Is 1200 cubic yards and this will be contained on site. There may also be some maintenance issues such as maintaining water depth along the existing dock/bulkhead along the main canal next to the new well. The existing water depth is loft in the middle of the canal and Oft to five foot along the bulkhead for approximately 250ft. We would like to achieve 8ft. The estimated yardage is 450 cubic yards. The spoil will be contained on a lot directly across the canal, 241 Beverly Drive. RECEIVED AUG: 2 4 10t 00"444`0 111M ■F4 APPLICATION for Maier Development (last revised 12127106) JUL 2 9 2015 , North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name S Nixc'�-'5 Project Name (if applicable) -ro-AV&\ MpriAc, Applicant 1: First Name C46^ MI P Last Name 5 "r Applicant 2: First Name MI Last Name Sperl,44r If additional applicants, pl ase attach an additional page(s) with names listed. Mailing Address P.O. R PO Box A40 City wW41VIWI State Ay ZIP Country Phone No, FAX No. 1 crl�e- d 41 - I&Mext. 41 656� Street Address (if different from above) 31 \) er)q Or City W4-4�4-r' State W� ZIP dW I Email pS�}tv�tcr�C�SPeft� acllthS1Ar. COAA swk;1+@ s4Q�itLt�yatk�sir.c. CDn^ 2. AgenNContractor Information Business Name Toil Mw;w 4JA-r V;r*) 'IAL- Agent/ Contractor 1: First Name GC44) MI w Last Name 4 e-t kKr Agent/ Contractor 2: First Name w,i b/\ MI s Last Name 5 -1 1 e J Mailing Address PO Box kil r City w"G�&W State ZIP PIC Phone No. 1 x;i-- 4n 333ext. Phone No. 2 2 - 920- 57 gext. FAX No. Contractor # Street Address (if different from above) City State ZIP e1 Cr'� r_ IJanl kw N (�7 Email P ��tA$ dVv fi tid. @ lMA � , c ann `j r( - -1i> l a 0 , &L r RECEIVED <Form continues on back> AUG 2 4 2015 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net a I Form DCM MP-1 (Page 2 of 4) JUL 2 9 2015 APPLICATION for Major Development Permit 3. Project Location — -- County (can be multiple) Street Address " -- ,.;state Rd. # bw-e' ? l - 0 ride— Subdivision Name city State Zip tit e- o` ) W Phone No.L, Lot No.(s) (it many, attach additional page with list) 7_ ^ a. In which NC river basin is the project located? b. Name of body of water nearest to roposed project Prxa G. c. Is the Star body identified in (b) above, natural or manmade? d. Name the closest major water body the proposed project site. atural ❑Manmade []Unknown JV 5 J ttthe e. Is proposed worjr.within city limits or planning jurisdiction? f. If applicable, list planning jurisdiction or city limit the proposed ❑Yes o work falls within. /v V 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) I + ?100^ I 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 e. Vegetation on tract P; s , 14AORy 1-b� ,� tb - f. Man-made featuresandusesnow on tract 606 6t.s�—' V Lm�I/�t�i / g. Identify and describe the existing land uses adjacent to the proposed project site. C�M�+^tlGirrl 86' fY A , C0AkV'Prc' 1t 1 h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? I (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes iWo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes Vo ❑NA National Register listed or eligible property? K<r . tivCU <Form continues on next page> AUG 2 4 2015 252-808.2808 .. 11-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? . I _. '_,.'.,:� oyes o/ (it) Are there coastal wetlands on the site? ❑Yes [� (III) If yes to either (i) or (it) above, has a deliheatio been conducted? ❑Yes ❑No (Attach documentation, ffavailable) ------- - _ _ n. Describe existing wastewater treatment facilities SST o. Describe existing drinking water supply source. p. Describe existing storm water management or treatm nl sys1tems_. j Akc- Sty' � IJW AI j (� /�q�,\ 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ommeroial ❑PubliGGovemment ❑Pdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Ahy.I A.J.. 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. d. List all development activities you propose. t71AQ-eol i ICA�T PACaAlfctnAw—& e. Are the proposed activities maintenance of an existing project, new work, or both? a f. Whet is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres 1 g. Will the proposed project that the public has established encroach on any public easement, public accessway or other area ❑Yes []No ❑NA use of? h. Describe location and type of existing and, proposed discharges to waters of the state. ' (� te-YS tVWo�- 1/A +/- k k, 5W4, "it, tr Pam•/ �-Va. b�� & 1 I. Will wastewater or stormwater be discharged into a wetland? []Yes W o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No E A j. Is there any mitigation proposed? []Yes 2ICo ❑NA RECEIVED If yes, attach a mitigation proposal. AUG 2 4 20b <Form continues on back> ►)a"AAKVc4m 252.808-2808 :: 1-888.4RCIDAI-T :: www.neconstalmonagement.net I Fomn 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 orderfor theapplication package lobe complete. items (a) — (0 are always applicable to any major development application. Please consult the application instruction bookleton how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name TGrePAIIpI~k 0C tPhone No. Address P, () 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, permiltee, 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. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge., Date , o�q' �`J� Print Name GeaAA S}bo— r Signature LIQf/ i 7a indicate application attachments pertaining to your proposed project. JUL MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges a d Cu4erts ❑DCIuLMP-3 Upland Development CM MP-4 Structures Information 2ECEIV�D AbG 24 lot 252-800-2808 -: 1-588.4RCOAST :: www.neconstaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except 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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 'Doff Width 6 Avg. Existing Depth _ NA -- NA - roject - a _- NA NA Depth —OTT 9. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in b. cubic yards. 440 ld 3 c. (i) Does the area to be exc vated Include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL None III) Describe the purpose of the excavation in these areas: 2- DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. b. in / Oft 10Grp aa.( ql 3cvtr Or. c. (i) Do you claret title o disposalC0.areal Y d. [$'es ❑No ❑NA (li) If no, attach a letter granting permission from the owner. e. (1) 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 None (ii) Describe the purpose of disposal In these areas: Y ❑This section not Type of material to be excavated. High -ground excavation in cubic yards. -77d A 3 ❑This sectoo not applicabt Dimensions of disposal area. q 6' xl3b' ; a xfl[L (i) Will a disposal area be available for future maintenance? Yes ❑No ❑NA (ii) Flyes, where? f. (i) Does the disposal Include any area in the water? Dyes tNo DNA (ii) If yes, how much water area is affected? RECEIVED AUG 2 4 2015 9 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanaaement.ne! revised: 12126/06 Form DCW M€'-2 (Excavation and Fill, Page 2 of h: r 3. SHORELINE STABILIZATION OThis section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type> shoreline stabilization: — b. Length: r, AUG I % 2015 ulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: - c. Ave waterward of NHW or NWL: d. Maximum distance wfd rward of NHW or N L: e. Type of stabilization material: f. (i) Has there been shoreline erosion Qfirkig preceding 12 V 1 n /' mont s? es []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount informafion. YV�INJ� PFF.16SrOA g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkheadbackfill— Riprap— SOU' SevnrrIIw JAH Breakwater/Sill— Other—--T I. Source of fill material 4. OTHER FILL ACTIVITIES ❑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 submerged aquatic vegetation (SAV), shell bottom (BB), or rr Amount of material to be laced in the water other wetlands (WL)? If any boxes are checked, provide the () P number of square feet affected. (iii) Dimensions of fill area — ❑CW ❑SAV — ❑SB — (iv)Purpose offill ❑WL ❑None (if) Describe the purpose of the fill in these areas: RECEIVED 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? II /r'� S t�Y �'�V�R. , c. (i) Will navig_atioyal aids be required as a result of the project? ❑Yes VAo ❑NA (ii) If yes, explain what type and how they will be implemented. r9'WI +up9kA F>iTV What type of construe backhoe, or hydraulic d. (1) Will wetlands be crog"d in transporting equipment to project site? []Yes QlCo ❑NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Applicant Name Qeau. 5 Project Name Applicant Sign y� is y►"�C �<�fMO 60 - JUL 2 9 2015 252-808.2808 :: 1.888-4RC0AST :: www.nccoastalmanarrement.net ,,....«. _. -.-...revised: 12/26106--...-., k l 71 i Form DCM MP-4 JUL 2 9 2015 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (I) Is the ocking facility/marina: ommercial ❑PubiiGGovernment ❑Pdvate/Community c. (1) Dock(s) and/or pier(s) (ii) Number (iii) Length ^7 1� .S L (iv) Width �} (v) Floating []Yes LyN0 e. (1) Are Platforms included? []Yes 01110 If yes: (ii) Number (iii) Length _ (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from drip/ine dimensions. g. (i) Number of slips proposed (ii) Number of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other, please describe: k. Typical boat length: 3 (D4 — qa% -� m. (i) WII cility have tie pilings? es ❑No (ii) If yes number of tie pilings? io' 1.0 y�aa� El This section not applicable b. (i) Will the facility be open to the general public? []Yes E o d. (i) Are Finger Piers included? []Yes ego If yes: (ii) Number (III) Length (iv) Width _ (v) Floating []Yes []No f. (i) Are Boatlifts included? []Yes Bpvo If yes: (ill Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (1) Will the facility b3,oli —to the general public? ❑Yes [UK RECEIVED AUG 2 4 2015 G1tdld.11H53 0rM D''s.-M9 14 P-4 IS,f28i EadE.v+y 3 w,fi3 % of 4) Z DOCKING FACILITY/MARINA OPERATIONS Jrhis section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. M,dFce Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers 6 , ❑ Boatholding tank pumpout; Give type and location: - - ----- - b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (I) Give the location and number of "No Sewage Discharge" signs proposed. �if h (it) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special desigp, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. —ram g. Where will residue from vessel maintenance be disposed of? Yy !61" h. Give the number of channel markers and "No Wake" signs proposed. ilk I. Give the location of fuel-halydling facilities, and describe the safety measures planned to protect area water quality. na 1 T j. What will be the marinapolicy, on overnight and live -aboard dockage? ))//' k. Describe design measures that promote boat basin flushing? RECEIVED AUG 2 4 1015 &lR1+t,bahu a.y„ I. If this project is an expansion of an existing marina, what types of services are currently provided? tit/� ---------- i in. Is the madnaldockJnq facility proposed within a primary or secondary nursery area? ❑Yes ' L 2 9 2V n. Is the marinatdoc g facility proposed within or adjacent to any shellfish harvesting area? ❑Yes UWo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SALWQ ❑SB _ ❑WL one p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? []Yes gm If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) his section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (if) Number _ (ill) Length (iv) Width _ Note: Roofed areas are calculated from dripifne dimensions. 14. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) amrs section not applicable a. (1) Number _ (11) Length (111) Width _ 15. BREAKWATER (e.g., wood, shaetplle, etc.) Pffiiis section not applicable a. Length _ c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands B. MOORING PILINGS and BUOYS s section not applicable a. Is the structure(s): []Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 2 4 7015 6w,"AW 514,1i/t 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL e. (i) Will navigational aids b required as a result of the project? ❑Yes ❑No [UN (ii) If yes, explain what type and how they will be implemented. 8. OTHER ❑This section not applicable a. Give complete description: Date Project Name I JUL 29 2015 Applicant Name Applicant Signature t RECEIVED AUG 2 4 1015 t +N *40 CEIVED a AT RENEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 19, 2015 Mr. Beau W. Silver Mr. Winston S. Silver Total Marine Services, Inc. P.O. Box 415 Wanchese, NC 27981 Dear Messrs. Silver: Donald R. van der Vaart Secretary The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Clifton and Shelly Spencer, Spencer Yachts, for State approval for development of their property located at 31 Beverly Drive in Wanchese, Dare County. It was received complete on August 17, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 31, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from August 17, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along 1367 US 17 South, Elizabeth City,'NC 27909 RECEIV Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: hfto //portal ncdenr oralweb/cm/dcm-home ED An Equal Opportunity 1 Affirmative Action Employer AUG 2 4105 u "4mo Total Marine Services, Inc. August 19, 2015 Page 2 the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Kelly Russell, Field Representative, if you have any questions and/or if you wish to receive a copy of her field report. Sincerely, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Kelly Russell, Field Representative, DCM, Elizabeth City Clifton and Shelly Spencer, Spencer Yachts, Applicants, Wanchese N(I T I I AMA PERMIT APPLIED FOR PROJECT: to excavate an upland basin for a commercial boat travel lift, bulkhead along the basin & along the existing canal, maintenance dredge the existing canal & construct new dock. APPLICANT: Clifton and Shelly Spencer Spencer Yachts, P.O. Box 240, Wanchese, NC 27981 252-473-6567 09112115 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Kelly Russell, Division of Coastal Management, 1367 US Hwy 17 South, Elizabeth City, NC 27909 252-264-3901, ext. 233 AAARA WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals thecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant Division of Coastal Management DATE: August 19, 2015 SUBJECT: Public Notice: Spencer Yachts Please publish the attached Notice in the Sunday, August 23, 2015 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment RECEIVED AUG 2 q ft W44'Q ern, cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-2W723; Internet: htto://podal.ncdonr omMeb/cddcm-home An Equal Opponuniry 1 Afirtnafive Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 08/17/15. Clifton & Shelly Spencer propose to excavate an upland basin for a commercial boat travel lift, bulkhead along the basin & along the existing canal, maintenance dredge the existing canal & construct a new dock at Spencer Yachts, 31 Beverly Drive, Wanchese, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 09/12/15, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, August 23, 2015 RECEIVED AUG 2 4 2015 0J:1k4'U.04s1 "�ALw U Applicant: SPENCER YAHTS: Clifton & Shelly Spencer Selection Development Type Fee DCM % DWQ % (14300 16014351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: (A). Private, non-mmercial development, if $250 100%($250) 0%($0) eneral Water Quality ertification No. 3490 (See t ached can be a lied: (B). Public or commercial velopment, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff RECEIVED determined that additional review and written DWQ AVG 2 4 1015 concurrence is needed because of concerns+u ti related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that El involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or I III open water areas: 'This is a word processing form to be completed in Microsoft Word— 6J NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: r1CL S Date:8/18/2015 Project Site Coun �Gl Staff: District: lizabeth City ❑Washington r S elk (�El Morehead City ❑Wilmington Project Name: t r 5 Rover File: Permit Authorization: ❑CAMA ❑Dredge & Fill IgBoth SITE DESCRIPTIOWPERMIT INFORMATION PNA: ❑Yes RNo Photos Taken: Yes EX No❑ Setback Required (riparian): Yes o Critical Habitat: ❑Yes No [:]Not Sure 15 foot waiver obtained: ❑Yes No Hazard Notification Returned: []Yes 910 SAV: Yes rTNo Not Sure Shell Bottom: ❑Yes o Not Sure Temporary Impacts: []Yes No Sandbags: Yes lNo Not Sure Did the land usp classification come from Mitigation Required (optional): county LUP: Tes []No []Yes qNo Moratorium Conditions: Yes VNo Environmental Assessment Done: ❑NA []Yes Mo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional El (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) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major C1 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 a re; 3490 can be applied - $400 ❑ Major development extension request - EJ ll. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 El I. Private no dredge and/or fill - $250 El III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs W04".wwu 01W DWQ agreement - $400 252-808-2808 :: 1.888-4RCOA3T :: www.nccoastalmanaaemanl.ne! revised: 02/15/10 'IC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: 5' �ad4s Date: 8/18/2015 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 se Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 D D 1 New Work 10 Replace basin Maint ❑ ❑ Y Nall New Work Replace Maint ❑ Y 4N New Work Replace Maint ❑ ❑ Y N New Work Replace 1, Maint ❑ ❑ Y R1 N ,k New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N RECEIVED AUG 14 2015 -kA"'Wq J revised 02115/10 'NC Division -oflCoastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: ,��' ��)3��w'Ii.Cii-r �1 Date: 8/18/201"`5 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount 561te) Dredge 14 Fill ❑ Both ❑ Other ❑ If S ' I Dredge ❑ Fill ❑ Both ❑ Other ❑ q Dredge Fill ❑ Both ❑ Other ❑ t Dredge Fill Both ❑ Other ❑ tt Dredge ❑ Fill Both ❑ Other ❑ n Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ _ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED AUG 2 4 2015 O CAN 252-808.2808 :: 1-8884RCOA8T :: www.nccoestalmanaaement.net revised: 02/15/10 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM, Date ui Name of Property Owner Applying for Permit: -- ` Mailing Address: Q.O. goy LJx. 25 I certify that I have authorized (agent) ee&,..k Lj O 1 Q"�-r to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (my property located at) This certification is valid thru (date) L RECEIVED AUG 2 4 205 6YF;,OAaW}1N C4M July 13, 2015 Total Marine Services, Inc. PO Box 415 Wanchese, NC 27981 Attention Adjacent Land Owner: I have received a copy of the land plat, permit, and a detailed layout of the work that will be performed at Spencer Yachts, Inc. My property is located on Sawyer Road. I have looked it over and have no problem with the work that is expected to be done. Jeremiah Daniel Date RECEIVED AU&242015 CERTIFIED MAIL' RECEIPT m Domestic to C? F , 1 I, A: L: U S E -- - -_ - Ir WANCHESE Ln oeRmee dir..• 3525 MILL LANDING RD m g - 0481 WANCHESE _n eRgeea eesrnxxm wen..rrowwnro ri; NC ❑RMum Re alp eeNcoP $T� 279819632 0 ❑R MR• �pt(ebeego�et $ Postn""` )7/14/2015 (800)275-8777 4:09 PM o ❑aWmeameiR.enm.a xw•y $ H• O Onaurcsien•ure RegmreO $ ❑Mo Slgnatm Rew=UeIK• 3roduct Sale Final o Postage Oty Price )ascription � .� to Postage an �;4 07/1.t/7.1'65 =1rst-Class 1 $0.49 Mail to Sent To _attar ------ --••--------------- --•------ �p sheer9MrApRYTo:; urT+(f9wi Fla-----•-•-" (Domestic) r (WANCHESE, NC 27981) Lhi34ete;zlP+as-•--••-------._._._.__._.........---_._..._.... (Weight:0 Lb 0.50 Oz) (Expected Delivery Day) (Thursday 07/16/2015) Certified 1 $3.45 (11USPS Certified Mail #> (70150640000463595443) Return 1 $2.80 Receipt (11USPS Return Receipt #> (9590940301135077687741) Total $6.74 " • • • R o D v n Cash $7.00 m; g g w a Change ($0.26) w j z g 3 ^ o For tracking or inquiries go to USPS.com or call 1-800-222-1811. ung ».n On m Order stamps at usps.com/shop or call '—' oir-• w 1-800-Stamp24. Go to _r g m a usps.com/clicknship to print shipping Ca= m w a n labels with postage. For other i o � w information call 1-800-ASK-USPS. z oo oy p n o j _ o b m WWWWWWWW%WWW%%%WW%WW%WWWWWWWWWWWWWWWW% N 3 C Get your mail when and where you want g w v = v: it with a secure Post Office Box. Sign 16 rn + up for a box online at ER -O m m usps.com/poboxes. Ut %WWWWWWWWWW%WW%%W%WWWWW%WWWWWWWWWWW%WW � All sales final on stamps and postage = N y Refunds for guaranteed services only [9 9 8 S; g m 8 Thank you for your business < a 2 HELP US SERVE 40U BETTER e a C m g Go to: ° 8 g r �R. https://postalexperience.com/Pos F E 3v�m3 e@ _ O�L1TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE $ YOUR OPINION COUNTS RECEIVED AUG Z 4 2015 Bill #: 840-52700366-1-76687-2 Nao L,- m t DAkE i v REAL ESTATE coUNTX:. R• TRANSFER rAx L7 -6uuq`Es.E 5i0 APPROVED DARE COUNTY TAX GOtLEO Oj R F: Le Book'. 1570 oapal fez Coo to 6117114 a6/1x R08t yya At" *..lot r 114766 coo COM. A NC Tai oe araeeee aNRIVIA n CRRY. REGISTER OF OEE06 O CO. RG III�INININ�IIu�IIHIhINiiIIIINIIIIINh Berwl1i14 Mt 6 ei AIR NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Yz;plO.po Tbis insbr ni well Prepared by: Aldridge, Seawall, Spence & Felthousen, W-P, 905 Noah Main Hwy, Manton, NC 27954. .. Brief description for the Index: Parcel in VeneheBa, North earolina THIS DEED made this lday of luxe 2004 �by and betwum URAN1UR GRANTEE Boan Fishing, LLC, a North Clifton Paul Spencer and wife, Carolina Limited Liability Company Shelly M. ul r 10116 Nedra Drive Great Palls, VA 22066 •234 Brakewdod Drive : Manteo,NC 27954 The designation Grantor and Grmtee As used herein shall include said parties, their heirs, succesaora, and assigns, and shall inctud< g. Plural, , scUlin., feminine or neuter o requhed by context WrfNESSETH, dn" the Grantor, for A valuable consideration paid by the Grantee, the taceipt of which a hereby aclaowledged, has end by them Presents does grant, bargain, sell and comay unto the Grantee in fee s' the City of Wmchese Nags Head Town r+�lthat certain tot or parcel oflmdsitmtrA in Are Particularly des w sa follows: ' County, North Carolina and more Sec Attached Exhibit "A" The property hereinabove described was acquired by Grainer by uulnnnent recorded in Book 1341 377 page A —p showing the above described property is recorded in Plat Book B 327 was NC Bar Association Form No. Ld m 1976, Revised m 1977, 2002 Praund by Agreement with the NC Her Association - I9g I S0010 Cooperation, 333 E Six Forks M. Raleigh, NC 27609 RECEIVED AVG242015 ocm-twq Cur, 137114 HAVE6'":2* .TO impl'. AND TO HOLD the afortaaid lot or Paw: � of a fee aiagtk, Pamei of land and an prrvilegwude b0eloo a oa �' thereto cloagmgto tobee (Lmko in ,sA71{�o�d,��t'jhe thg We (3nolar is Mukeable end H6e and eku off W� km* aftbe pt<n nu in fee nmpi4 ou the right to no Mt,', clime of ell perrro, srhomaoevm, er�brappee, and dr'R Orantor will wurW and Ve title et®e in tce I o� gun the following taceppou: Eueomnts and resoictjo appe the ti f oeo d the aPPwttng of record. WI'fNggS a'iffiREOF, the Onuor ire WY ellecabd the faregoag u of the day aad year first abave mitten. BENN I}ING LLC A NORTH CAROLINA tit Nms)-LIYITBO LLABILLTY COMPANY Hy i Title. AGER MAE) S me ondu*igoed Noary est*l Cmtnty and State dorIeertitY thu K;C}AC.f 1 • ()dnn ofthe troegoing t1lar i PcaoosEY -pp trod before me this day and •dmowledged the due of , .,._F! «etbenm eapreercd Wiawe my had end Notarfel sump wseal this__ `day my ca eteYden Rvirw: — .r1, Notary Public - - A' 011ty 4 be uselmigued Nanny Public of the Com ytn cans before me lllia day wed eelmowledged that be is tliZ( a North Carolim 10"OftI C>i; and IQ -by atnhorf t� te behalf n it act and dad WiWwe dcdy givev end u the tay he aad Noaviei MY Conumnion EzpNes:_a —2!)\� 1, the entity, dgoed the foregoing iosoumenf is it moon 1b201 Wiapa my hand and Net nW eatrtp or seal, ttb __ day o f_— J 10_ _— NC Hu Ae iatioo Fotm No, 1,3 O 1976, Revted C 1977, 2002 Q1 Printed by Agreement with the NC Hu Anoeiatlon - 19g1 SotlPro Corpontioo, 333 E. Sin Furb R kigh, NC 27609 RECENED '' ar 4 lot Book 1570 Page 107-0002 6137114 IIINiNIIIIII IIN�IINIIII�I II NINN b/1412d NAIP ATTACHMENT NI Of those parcels of land located in the vicinity of the Village of Wenchese on Roanoke Island in Nags Head Township, Dare.Counly, Norm Carolina and more particularly described as follows' Parcel 1 Beginning at a -point located in the northern right of way of Sawyer Road, s 30 foot fight of way, at the intersection of Sawyer Road with the westem right of way of NCSR 1183, also known as Beverly Lane, and the point of beginning being marked by a pk nail sat in the pavement at the Intersection point; thence running along the northern right of way of Sawyer Road a course of South 57 deg. 16 21" West a distance of 251.6g feet to a point marked by an iron pin; thence continuing along the northern right of way of Sawyer Road a Course of South 57 deg. 14' 25" West a distance of 129.18 feet to a point marked by an iron pin and said point marking the intersection of Sawyer Road with the Eastern right of way of a 30 foot easement; thence North 28 deg. 1 V 09' West a distance of Mill feet to a point marked by a concrete monument; theme North 26 deg. 51' 01" West a distance of 59.60 feet to a point marked by an iron pin; thence turning and running South 57 deg. 01' 26' West a distance of 130.14 feet; following the northern line of the lands of D.E. Sawyer to a point in the center of a canal, thence turning and following the center of the canal and running a course of North 27 deg. 3T OW West a distance of 455.93 feat to a point in the canal which marks the appropriate location of the Intenec5on with the center of another canal; theme fuming and following the second Canal along the center thereof a course of North 78 deg. 14' 03" East a distance 468.38 feet to a point in or near the bank of the canal. and also in or near the western right of way of Beverly Lane; thence turning and running South.35 deg. 16112".East along the right of way of Beverly Lane a distance of 276.30 feet to a point marked by an von pin; thence continuing the same course as the next preceding Call a distance of 157 80 feet to the point of place of beginning Same being described as Parcels 1, 3, 4-and 5, combined on a reap or plat entitled 'Survey for Rapscallion Manne, tnc." prepared by Kirk R. Foreman, Land Surveying Company and dated April 5, 1997N (Forman FHe : 4055). 25956 14 Sawyer Road, Wwd ese, NC 27981 RECEIVED AUG 2 4 205 aeu-4.%,o ,,y ®�CAMA % DREDGE & FILL A, 559 GENERAL PERMIT Previous permit# 6 New ❑Mgdification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina,. Department of Environment and Natural Resources nh and the Coastal Resources Commissi in an area f errvindnmental concern pursuant to I SA NCAC l�lJ Rules attached. Applicant Name � (" Project Location: County I )13YP Address ( J U"x _ f j Street Address/ State Road/ Lot #(s) Cih _NO, � _ State �J ZkP / � phone # i Fax # ( Subdivision Authorized Agent_Il ti';=, Cny Qii i!hP ZIP Affected aCw %EW PTA ES ❑PTS Phone# (_) River Basin Q I I n1 AEC(s): DOER D HHF ❑ IH UBA ❑ WA Adj. Wtr. Body I S 1 n unkn ❑ PWS: OFC: ORW: yes no PNA yes sno Crit.Hab. yes / no Closest Maj. Wtr Body f � • .. Imo" -- — ■i■■■IErll■1!■�■■■lRiie■ni■!'i■■■■■�P,!■■■■■■■■1•■■i�iiii,':R; ■■■.�A;iliR,,�lf,■ V ■■■1Ri111lailR9:i�■■■■■■i III■■■■■■■■■■■l�ii�i■ ■■W�11t+i85,N!■■Rl�itFS�ii�llallrC�161■■■■■[1i■■■■■■■■■■■■■■ ■■aa■►�� ■�� ■■w■■n i+�■■■■■■■■■■■■■■ _ - M. • ■■■■■Ili�ll■■■■�!�1!■■■N[l�yii►11Ry7■16frl7re■■■■■■■■■■ �■■■■■II}1:�1���■III■I■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■ I;l■1t■�rlll■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■Itnn��w�■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■r►I!■I>•ii■Ill■w■■■■■■■■■■■■■■■■■■e■■■■■■■ ■■��■■11le-ewe:�ri■■■■■■■■■■■■■■■■■■■■■■■■■■■ I� ■ See note on back reprding River Basin rules. I' -- fl _ - W— IT" l Agent or pli Pnnted Name } Per Signaw PIqq Brea compliance statementon bac fperma`� Isswmi A�pfieauon Fee(sV Check# L0 Kgh �Ig sure I $, } a[e Fx 3ton Ce -- J t C5 DOCK. BULKHEAD OR DUNEWALK BUILDING PERMIT County of Dare PO Box Drawer 1000, Manteo NC 27954� BUILDING PERMIT# 600.1412 PARCEL 023498000 PIN: 979705193924 17 Location: 14 SAWYERRD -- WANCIIL-SE Subdivision: SUBDIVISION - NONE LOT; BLK: SEC:: OWNER SPENCER, CLIFTON PAUL SR Adollygss_ C/O MELODY LEFACE P O BOX 240 WANCHESE NC 27981 CONTRACTOR LYNN SMALL Address: 113 BALLAST ROCK DR POWt'.L1:S POINT, NC 279(,6 Builder M. 29760 -- S-MARINE DESCRIPTION NEW Permit Use: ACCESSORY USE PERMIT, ONLY LAMA Permit Number: 59059 RECEIVED AUG 2 4 2015 6003412 5/9/2012 DATE:, 051091 12 Phone: (252)473-6567 Phone: 491-8-W Construction Value: $300000 The owner and builder are responsible to comply with all regulations and laws, should personally inspect all construction and be certain to comply with all zoning regulations and building setbacks. The applicant certifies that the information on this permit is correct. That he is owner or duly authorized agent of owner. That all construction shall be as shown on the submitted 'plans and specifications that he understands this permit is valid for six months and may be revoked for failure to comply with applicable regulations and laws. Call Building Inspector (24 Hours in advance) for inspection assisstance at Dare County, Offices: Manteo Office (252) 475-5870, KDH SaWltitc Office (252) 475.3871 or Buxton Office (252 )475-5978 Building Inspector Date Applicant Date FREDFE:CI'HERS 1'ONE SCC11`I SLUM 1. 1 ht^'4�� n .✓ ¢�9 T i � 1 a 1 0 j% el 40 a . c d J spat � a snn Q 03A13036 TO ONE OR <ED BELOW 3DIVISION OF 170 t oUNTY OR ri EiD NiF III 4�4 MWE THAT 9JOHN F. GASKILL -� DB. - 249. PG. - 334 JUL 2 9 2015 q A PORTION ...... THAT IS ,F VV ,NCE THAT K —w El SIE DRAPFR P, NIF I\VF 0LPRFM(,E T- IF YES SIR. 1-111AURICE 0. GR6SBIE CING PARC EL DB. - 310. PG. - 20' IT CP&%TE A 'ING STREET: 4,�Iq ,WVKISTING 4, n dui )R NATURAL w: I. f URSE OR WARMN 0. 0141SKUNS c(wk URVEY: IV R:YC, OATREOGITOHRFYR, Ivn ta ------ h 1j 0, CEXIS-ING SUBDIVISION: ) AIL 0 1LE TO IOE IS 1Q;i- . i I I I i,�, - s , �A, ZCFESSIONAL FAINED IN (A) 62`2-1-v NIF -3 0.. COT pI; r ME Z.1 ? WRICE G. CROGn DR- 1K PG. - 33d 23M C, L cli -146� 1 tu Ci C3 is BAQ�"N s� ;241 R A YS FOR, i A b e er F t;':G f^ \\\: '� a a + 3. ( i / it 10 NIP n F-F. WILLIE E- HUSER DO. - 294, PG. 071 LOV� zn; -SEPTIC 11 Ij z- n 1,11 15 I RS 0 tf� 6 UG: 1 201 RWjE-L O� C I. r MICHAEL et liRIE1,41-DY PARKS ' low 5.24 Mw Rr ES 60" p /uc c 17 peaw ce 0D. -Tfq p ;412TAL C, 9 b m�in CLnA mairtk(Lan 2 4" 1 Ig EU DG. f -�F r=G.07 RECEIVED SEP 0 9 2015 'An.4A TO ONE OR <ED BELOW 3DIVISION OF 1 q-`Ox f j OUtJTY 0 - ANCE THAT O VVANCI Jn C'gJi` CHN F. GAoKILI ��` DB. - 249, PG. - 334 I i V A PORTION - / , JUL 2 9 20i5 THAT IS - - w' -+� ' PI'F i t `" �':. '!,,;tX•4',•ry NGE TFi.�T ` \- e W.K. ELSIE DRAP/ G At L y a a : DO. - 390. PG. - 5rR /' !N/F PUF CLAREPiCE7. h YES SR mxr .•.i s k ;T r �°r I FING PARCEL NAUR 19. CR<7SB!E DB - 2R>, PG. +T CREATE A DB. - 31 J. PG. - 202 + + rr V `` N ?,i•- a `� �� 'ING STREET: 4�°'�Z ,N EXISTING URNANR OR fltw �t � . 4�w •. �� WARREN 0. L`-,° SKIN n /��?r ROL SURVEY: + �_ olo�k " *•.. t ! I �� ic-- ?CA�'EGGRI', t r 1�e�>b'�. _�_ � _ °"°•». � 1 1 'rl^' "; ,; P.EXISTI v ¢ g c \t1'(t� k EXISTING 1 � �t to � '-`w � ' OR OTHER - SUBDIVISION: ¢B[''a<7At ILE TO ME IS � a y 3 F% F l for MAKE A �' i `S>j l / FS - i I I II✓ fJ'��� � f� 7 �R.. 2OFESSIONAL +cr �A{NED IN (A) N!F ! d62°27TY {�tsQ 10 fA. MAURICE G. CR084 IF 30.00' KM �Vta / �r x rF fC I I DB. -16B. PG. - I b i {or Pik ! r L-1465 M1 \ E3 ° s t o I 1 it, i YS FORSf:.FTIC LEElE� r0 OGd ° ! n a"EE �I.+ NIF S I WILLIE E. HUBER ' I y 24.T DB. - 294, PG. 071 1. t \ ! ! i er Oi ►' LO - 1 1 C*S e , 'o I €Y" ' �CUG t 7 2015 1 I � �r a NIF 1 ., I t i�a r Ha.'�, , Fr, :.�B I \ G> t 1LR4 1 n e MOCHA[!&l+YEPdDY?ARKS F j ° 2ry CR ! 0' ! DO. -7�,PG.-61 k ,1Q.54' �� - • 30.14, RECEIVEp SSC925'ik'YV .. 14 ' 1 .- _ .. ,tis•,'a q 45 7 406 4 BrwP i ! R Iro�c�eL�:'�Tave f Er gqy 4? - IIt 1 1 -i \ ,_ _ etU-r:ETAL I r2 I zt eB 11^ basin dnd: mair;kmA exCoara4+4Y1 RECEIVED AUG 2 4 2015