Loading...
HomeMy WebLinkAbout11-97 MM 2007 Marsh Harbor Resorts LLC............... -- - - Permit Class Permit Number MODIFICATION/MAJOR(Express Permit) 11-97 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Comtm}fissionPermitPg!Fd1VE0 6 ZOO? for X Major Development in an Area of EnvirontnW(099b City DCM pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Marsh Harbour Resorts LLC 11 Causeway Drive Ocean Isle Beach, NC 28469 Authorizing development in Brunswick County at adi to the Calabash River at 10155 Beach DriveCalabash- NC, as requested in the permittee's application dated 8/20/07 (MP-1 & MP-2).and revised 8/20/07 (MP-3)including the attached work plan drawings referenced in Condition (1) of this permit. This permit, issued on December 5 7007 , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) This permit is a major modification to CAMA permit #11-97. Specifically, this major modification authorizes the removal of approximately 8,080 square feet of impervious cover within the 30' Coastal Shoreline Buffer, the re -alignment of approximately 5,500 linear feet of bulkhead along the existing marina basin, maintenance dredging within the boat basin, access canal and entrance channel and spoil disposal within the limits of the project boundary. Unless specifically altered herein, all work shall be done in accordance with the permittee's application and work plan drawings (25), sealed 8/18/07 (Sheets 5, 6, 7, 8 and 10 of 14), dated revised 8/20/07 (Appendix A-P) and dated 8/2007 (Sheets 11, 12, 13 and 14 of 14) (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2010 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 DENR and the Chairman of the Coastal Resources Commission. ames H. uregson, lltrector I n of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee f Marsh Harbour, LLC Permit #11-97 Page 2 of 6 ADDITIONAL CONDITIONS 2) Unless specifically altered herein, this Major Modification authorizes only the land disturbing associated with the removal of approximately 8,080 square feet of impervious coverage within the 30' Coastal Shoreline Buffer, all as expressly and specifically set forth in the permit application and depicted on the attached work -plat drawings. Any additional land disturbing activities and/or construction shall be evaluated, on a case -by -case basis, by a representative from the Division of Coastal Management (DCM) to determine additional permit requirements. Maintenance Excavation 3) In order to protect juvenile fish and shrimp populations, no excavation or filling shall take place between April 1 and September 30 of any year without prior approval from the Division of Coastal Management, in consultation with the N.C. Division of Marine Fisheries and the U.S. Army Corp of Engineers. 4) No additional vegetated wetlands, other than those previously approved, shall be excavated and/or filled, even temporarily. 5) The temporary placement, or double handling of excavated or fill materials within waters or vegetated wetlands, is not authorized. 6) This Major Modification only authorizes the excavation activities indicated on the attached workplan drawings. 7) Excavation shall not exceed —8.0 feet below the elevation of normal low water (NLW) within the boat basin, and —10.0 feet within the footprint of the access canal and entrance channel, as indicated in the permit application. 8) All excavated materials shall be confined landward of the normal high water (NHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 9) The disposal area shall be constructed a sufficient distance from the normal high water level, or any marsh, to eliminate the possibility of dike erosion into surrounding wetlands or waters. In all cases, no spoil material shall be placed within 30 feet of the normal high water line, except that which will be used to backfrll the permitted bulkheads. 10) The permittee shall contact a representative of the Division of Coastal Management's, Wilmington Office (910) 796-7215 and the U.S. Army Corp of Engineers (910) 251-4000, at least two weeks prior to commencement of dredging, or grading activities within the disposal area, and arrange for an inspection of the constructed/prepared spoil disposal area. This meeting shall include the dredging contractor, as well as the permitee and/or permittee's agent. 11) The disposal area and any associated disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. Dewatered spoil materials may be utilized as fill material in areas of the subdivision subject to approval of a Sedimentation and Erosion Control Plan for the Marsh Harbour subdivision. Marsh Harbour, LLC Permit 911-97 Page 3 of 6 ADDITIONAL CONDITIONS 12) 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 structures, work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest 13) 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. Use of the permitted activity shall not interfere with the publics right to free navigation on all navigable waters of the United States. Marina Basin 14) 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. 15) It is possible that the authorized structures may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any such damage. NOTE: Permanent reflectors shall be attached to the dredge structures, including piping in order to make them more visible during hours of darkness or inclement weather. Bulkhead 16) Unless specifically altered herein, the bulkhead shall be re -aligned in accordance with the permittee's application, and as depicted on the attached work plan drawings. 17) The bulkhead shall be constructed prior to any backfilling activities. 18) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 19) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by department personnel. 20) The fill material shall be clean and free of any pollutants except in trace quantities. 21) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 22) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 23) All fill material to be placed below mean high water level shall be confined behind the permitted bulkhead. Marsh Harbour, LLC Permit #11-97 Page 4 of 6 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 24) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. NOTE: An Erosion and Sedimentations Control Plan will be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, to determine if a modification to Mining Permit No. 10-07 is necessary. Stormwater Management 25) The Division of Water Quality's approval of this project, under the stormwater management rules of the Environmental Management Commission, is covered by way of Stormwater Permit No. SW8920522. The stormwater permit was issued on 06/10/97. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 26) The permittee understands and agrees that if future operations by the United States require the removal, relocation, or other alterations, of the structure or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of north Carolina. No claim shall be made against the United States or the State of North Carolina on account of any such removal or alteration. 27) The activities shall be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge. Increases in turbidity of 25 NTU's or less are not considered significant. 28) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. 29) This major modification shall be attached to the original of Permit 911-97, which was issued on 6/13/97, as well as all subsequent modifications, renewals, refinements, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. All conditions/stipulations of the active permit remain in force under this major modification unless specifically altered herein. .; Marsh Harbour, LLC Permit #11-97 Page 5 of 6 30) ADDITIONAL CONDITIONS In issuing this permit, the State of North Carolina and/or the Federal Government does not assume liability for: a.) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b.) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c.) Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d.) Design and construction deficiencies associated with the permitted work. e.) Damage claims associated with any future modification, suspension, or revocation of this permit. NOTE: The permittee is advised that any development or land disturbing activity that is considered non - water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 000822), which was issued on 9/28/07. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2007- 02906-010. NOTE: The federally endangered West Indian manatee (Trichechus manatus), has been reported in North Carolina waters. In order to protect the manatee, all work should be done between November 1 and May 31. If work must be done outside of this time frame, the permittee should adhere to enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina". This information is not a permit condition, but is for public information. Should you have any questions or comments, please contact the U.S. Army Corp of Engineers at telephone (910) 251-4000. Coast Guard Regulations Applicable to Dredge Operations Below is a list of regulations that are applicable to dredge operations in the COTP Morehead zone. This list is not at all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff in order to be provided amplifying information or answers to any questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the USCG's UTV Voluntary Commercial Dockside Examination program. Please contact BMl Dan McDonald of the USCG staff at (910) 722-2226, extension 108, to coordinate a meeting or dockside exam. Marsh Harbour, LLC Permit 911-97 Page 6 of 6 ADDITIONAL CONDITIONS 1. Lights on dredge pipelines (33 CFR 88.15) 2. Lights on barges at a bank or dock (33 CFR 88.13) 3. Lights and Shapes (33 CFR 84.11-13) 4. Mooring Buoys (33 CFR 62.35) 5. Special Marks (33 CFR 62.31) 6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815) 7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2) 8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164,72) 9. UTV Certificate of Documentation (33 CFR 173.21) 10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1) 11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118) MEMORANDUM SEC s 2007 To: Jason Dail Morehead City L)CM From: Mike Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Marsh Harbor, Calabash, Brunswick County Date: September 10, 2007 Consistency Determination: Provided all local, state and federal requirements can be met, this project appears to be consistent with the 1999 Calabash Land Use Plan update. The applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead. Additionally, the appl;icant proposes to perform maintenance dredging within the marina basin, canal and entrance Channel. The project location is 10155 Beach Drive, adjacent to the Calabash River in Calabash, Brunswick County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW, ES and PTA. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Calabash CAMA Land Use Plan update and offer the following comments. The general area of the project is classified Developed and Conservation. In general, the Town of Calabash allows development in Developed and Conservation classified AECs, which is consistent with the State's minimum use standards. The Calabash Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. Provided all local, state and federal requirements can be met, this project appears to be consistent with the 1999 Calabash Land Use Plan Update Cc: Jim Gregson, DCM e�A NCDENR North Carolina Department of Environment and N Division of Coastal Management Michael F. Easley, Governor August 22, 2007 MEMORANDUM: James H. Gregson, Director EXPRESS PERMIT TO: Shannon Jenkins NCDENR-Division Shellfish Sanitation S+etary II AUG 2 8 20()7 u SHELLFISHSANrrATloN z ro: of Environmental Health i�j�, � � �+ J Section u`� DEC 6 NO7 FROM: Jason Dail n Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: CAMA / Dredge & Fill EXPRESS Permit Application Review Applicant: Marsh Harbor Resorts, LLC Project Location: 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: -rhis agency has no ohjectiun to the project as proposed. Ga(a6*1 A GrecK 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 tt pm(c ,eats. / vp- SIGNED �(/Gv— DATE —-Y['/�& % 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. August 22, 2007 MEMORANDUM: TO FROM: SUBJECT: Applicant: Project Location EXPRESS PERMIT Debra Benoy Public Water Supply District Manager Ross Jr., Secretary Jason Dail Express Permits Coordinator, Wilmington Regional Office 04-16-33 CAMA / Dredge & Fill EXPRESS Permit Application Review Marsh Harbor Resorts, LLC ,jV 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the manna basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. q SIGNED DATE d% 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr. state. nc. us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director August 22, 2007 MEMORANDUM TO: FROM SUBJECT: Applicant: Project Location EXPRESS PERMIT Fritz Rohde Division of Marine Fisheries William G. Ross Jr., Secretary Rg Im Er DEC 6 2007 Morehead City D6M Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 CAMA / Dredge & Fill EXPRESS Permit Application Review Marsh Harbor Resorts, LLC 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. his agency approves of the project my if the recommen d ,changes re incorporated. See attached. Nl� �Kd�ll�+';�` This agency objects to the project for reasons described in the attached omments. Q SIGNED DATE v M 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary EXPRESS PERMIT August 22, 2007 7 °*�? r`��-,�'-� MEMORANDUM:Z. ` LLD �1 LlCy0016, ?0 TO: Dan Sams /lir, For James Simons Division of Land ResourcesL"� It/1 FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: CAMA / Dredge & Fill EXPRESS Permit Application Review Applicant: Marsh Harbor Resorts, LLC Project Location: 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED This agency has no comment on the proposed project. 4 This agency approves of the project only if the recommended changes are incorporated. See attached. 1 aPgv�C :. *,A fw;"z is woos°. 4e � tw�+re Pr�es�t This agency objects to the project for reasons dIscribed in the attached comments. DATE Ao p, s+ z4 . Zad % 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor August 22, 2007 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location James H. Gregson, Director EXPRESS PERMIT Debra Wilson Acting LPO Calabash William G. Ross Jr., Secretary DEC 6 ZpO7 L` Morehead Clty DCM Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 CAMA / Dredge & Fill EXPRESS Permit Application Review Marsh Harbor Resorts, LLC 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the manna basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ✓� �— rZ ^ DATE? 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 27, 2007 .� Coleman Ramsey � Marsh Harbour Resorts, LLC RIDEC 6 NO 11 Causeway Drive Ocean Isle Beach, NC 28469 Subject: REQUEST FOR STORMWATER MANAGEMENT PEorrpMIThhPLI' � dA,TIOt��nrNA R'��� Marsh Habour Stormwater Project No. SW8 920522 Brunswick County Dear Mr. Ramsey: On August 24, 2007, the Wilmington Regional Office received a copy of an Express CAMA Maior Permit application for the subiect oroiect. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. 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 action by this Office. On September 13, 2001, the Division issued a stormwater permit for the subject project. The recent CAMA Major application indicates that several changes are planned, which will necessitate that a modified stormwater permit be submitted. Please submit a Stormwater Permit Application Package, including a completed application form, fee, supporting documentation, and 2 sets of plans, or a written response regarding the status of this project and the expected submittal date, to this Office no later than September 27, 2007. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all submittals, correspondence and emails. If you have any questions, please call me at (910)-796-7215. Sincerely, Linda Lewis Environmental Engineer III ENB/arl: S:\WQS\STORMWATER\STORMSUB\2007\920522.aug07 cc: Town of Calabash Building Inspections James Compton, P.E., Kimley-Horn and Associates Laura Stasavich, Land Management Group Jason Dail, DCM Expos permitting Linda Lewis Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796.7215 Wilmington Regional Office Internet: www.ncwateraualitv.ore Fax (910)350-2004 't��nCarolina �vakrra/!y Customer Service 1-877-623-6748 An Equal OpportunitylAff rmaflve Action Employer — 50% Recycledl10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal. Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary EXPRESS PERMIT 56A)8 RZUSZZ LJ ' August 22, 2007 911 �� NO #Vd, sV�/' /�7�6 MEMORANDUM: IV EC 7 6�r C 2007 TO: Linda Lewis Stormwater SeMorehead City oc� Division of Water Quality �u I'✓I FROM Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: CAMA / Dredge & Fill EXPRESS Permit Application Review Applicant: Marsh Harbor Resorts, LLC Project Location: 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. A/eed /D su binlY �F& sw This agency objects to the project for reasons described in the attached commentsi. SIGNED ti OL¢.l� DATE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10%a Post Consumer Paper '►� DEC 6 2001 NCDENR North Carolina Department of Environment and NatutAGE81wau City pCM Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary EXPRESS PERMIT 0231q August 22, 2007 AUG 2007 RECEIVED MEMORANDUM: Habitat COME:Vation TO: Steve Everhart ��� pmgf21n NC Wildlife Resources Commission 6 p i a 5� FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: CAMA / Dredge & Fill EXPRESS Permit Application Review Applicant: Marsh Harbor Resorts, LLC Project Location: 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached cc ment SIGNED y�i�� DATE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper _ems NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director EXPRESS PERMIT William G. Ross Jr., Secretary August 22, 2007 MEMORANDUM: DEC b �ouT TO: Alton Phillips NC Dept. of Administration Morehead City DCM State Property Office FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: CAMA / Dredge & Fill EXPRESS Permit Application Review Applicant: Marsh Harbor Resorts, LLC Project Location: 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: is agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE]-�q� C i I Drive sion, Wilmington, North Carolina 28405-3845 Phone: 10-796-7215\Fax: 910-395-3964 \ Intemet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper South Carolina Environmental Law Project a 501c31ax.exempt nompco6, ,poratiun Jain" S. Chandler, Jr. Amy E. Armetrang Staff Attorneys OFFICE ADDRESS 430 Highmarket Street Georgetown, SC 29410 MAILING ADDRESS P. O. Box 1380 Pawleys Island. SC 29585 (843)527-0078 Fax (843) 527-0540 jehandler@srelp.org amy@scelp.org Wehsit.e: www.scelp.org BOARD OF DIRECTORS Frances Close Chairperson Trish Jerman Vice Chairperson James S. Chandler, Jr. President Daryl G. Hawkins Vice President Hill Marseher Wendy Zara Kim Diana Gmnolly David J. Harmon Gary W. Poliakoff Margaret D. Fabri OUR MISSION. To protect the natural environment of South Carolina by providing legal services and advice to environmental organizations and concerned citiaens and by h apmafng the, atatera�d�y4�t= of envirortmellf�l reisedloaa. pnmN.. ery p.". September 17 2007 Mr. Jason Dail; li 127 Cardinal Drive Ext. SEC 6 2p07 Wilmington, NC 28405-3845 Re: Marsh Harbour Resorts, Calabash, NC Mor®h®ad City DCM Dear Mr. Dail: I am writing on behalf of Mr. H. C. Edens, a member of the Edens Family LTD Partnership, the owner of property immediately adjacent to the Marsh Harbour Resorts property. Mr. Edens was provided a series of rather confusing plan sheets, but he has not been provided a copy of the application, as required by Section 15A NCAC 07J.0204(b)(5)(A) of your regulations. I spoke to you about this last week, and I understood that you would bring this to the developer's attention and have the developer send us a copy. However, we have not received a copy of the application or any narrative description of the proposed development, as required by 15A NCAC 07J.0203(c). Accordingly, we object to the proposal as being incomplete and not in compliance with the requirements for notice to adjoining land owners. We request that the proposal be put on hold until we have been furnished a complete application and allowed 30 days to review it and provide comments. Mr.,Edens is particularly concerned about storm water runoff being directed from the Marsh Harbour property onto the Edens property. As a long-term resident of the Edens property, Mr. Edens is also concerned about impacts this project may have on the estuary in the vicinity of this project. However, without a copy of the complete application, we are unable to comment in detail on the current proposal �7 cc H. P. Edens MM WILMAGTON, NC SE.P_ 17 2007 U' e 4%-1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 t` ,/) WILMINGTON NC 28402-1890A ' I IN REPLY REFER TO Regulatory Division Action ID: SAW-2007-02906-010 Waterway: Calabash River ISTnIAS RY lm National Marine Fisheries Svc, NOAA Pivers Island Beaufort, NC 28516 Mr. Pete Benjamin Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ronald J. Mikaluk, Chief Wetlands Section — Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Commanding Officer United States Coast Guard Marine Safety Office 721 Medical Center Drive Suite 100 Wilmington, NC 28401 Gentlemen: September 13, 2007 UCt' o LUV Applicant: Ma lft i&`Res&ts, LLC;rvi County: Brunswick Work Type: Hotel, bulkhead, dredging , Commanding Officer United States Coast Guar SEP 1 7 19007 431 Crawford Street Portsmouth, Virginia 704 Forehead City DCM Without Enclosures Mr Doug Huggett vision of Coastal Management C Department of Environment, Health and Natural Resources 400 Commerce Avenue Morehead City, NC 28557-3421 Mr. Jim Gregson Division of Coastal Management NC Department of Environment, Health and Natural Resources 127 Cardinal Drive Ext Wilmington„ NC 28405-5406 Mr. David Rackley National Marine Fisheries Service, NOAA 219 Forth Johnson Road Charleston, South Carolina 29412-9110 Pursuant to the CAMA-Corps Programmatic Permit process, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before October 15, 2006. Questions or comments maybe addressed to the undersigned at (910) 252- 4634. Sincerely, 4zington �y, Regulatory Project Manager Regulatory Field OfiiceEnclosure a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR 09-I5-2007 NCDENR Division of Coastal Management 127 Cardinal Drive Extension W►LMINGTON, NC 28405 Attn: Jason Dail Dear Mr. Dail: DIVISION OF HIGHWAYS LYNDO TIPPETT .SECRETARY RECEIVED DCM WILMINGTON, NC -w-J§P 2 7 2007 DEC 6 200/ Morehead city Dcm This agency approves of this project only if the recommended changes are incorporated in regards to the CAMA Permit Review for the proposed hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal, and entrance channel which located at 10155 Beach Drive in Calabash, Brunswick County. l . Driveway and Encroachment permits are required prior to any construction activities within NCDOT Right of Way. 2. DOT reserves the right to impose additional roadway improvements within NCDOT Right of Way if warranted. Please contact me if you have any questions. Thank you, QJonoan'-""- Assistant District Engineer 300 Division Drive, Wilmington, N.C. 28401 Phone: 910-251-2655 Fax: 910-251-2759 A, *1-'Aw ( 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary EXPRESS PERM T+� ilii 4t�1 August 22, 2007 DEC 6 Zoo? - MEMORANDUM: MoWa 8ityi;b ; TO: Anthony Law v" C� :REMCEIVED NCDOT DCM WILMINGTON, NC New Hanover & Brunswick SEP 2 8 2007 - FkOM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: CAMA / Dredge & Fill EXPRESS Permit Application Review Applicant: Marsh Harbor Resorts, LLC Project Location: 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /This agency has no comment on the proposed project. This agency approves of the project only if the recommended chanAs are incorporated. See attached. V/This agency objects to the project for reasons described in the attached comments. SIGNED Z DATE D17 Z/ /0 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper projects issued Subject: projects issued From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> Date: Mon, 01 Oct 2007 12:17:04 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Doug Huggett <Doug.Huggett@ncmail.net>, Rich Weaver <Rich.Weaver@ncmail.net>, Daniel Govoni <Daniel.Govoni@ncmail.net>, Jason Dail Glason.Dail@ncmail.net>, Brad Shaver <Brad.E.Shaver@saw02.usace.army.mil>, "David L. Timpy" <David.L.Timpy@saw02.usace.army.mil> The following projects have been issued: LAMA 1) Marsh Harbor Resorts - CAMA Express DWQ # 00 0822 Ver 2 Brunswick county - issued 09/28/07 2) NC Aquarium at Pine Knoll Shores DWQ # 03 1240 Ver 3 Modification issued 10/1/07 3) Topsail Heights Boat Ramp DWQ # 07 1498 Pender County - Issued 10/1/07 Reg 401 1) MCAS New River Water Line DWQ # 06 1326 ver 2 Onslow County Issued 10/1/07 2) Bayberry Farms DWQ # 06 1503 Ver 2 Pender County - Issued 10/1/07 3) Forbes Estates - DWQ # 07 1537 Onslow County - issued 10/1/07 DEC 6 2007 Morehead City DCM 1 of 1 10/1/2007 12:41 PM OCT-13-2007 03:44PM FROM-S.C.ENVIRONMENTAL LAW PROJECT +843 127 0540 T-1 0 1*F-283 South LL`e3 � � DEC 6 2007 Carolina onto "Ad City DCM Environmental l I e VIA FAX (910) 395-3964 AND US MAIL �V 1J;d blV Pro/ed Mr. Jason Dail OCT 11 2007 N.C. Division of Coastal Management i [ i01ch ' 127 Cardina l al Drive Ext. DIVIS{ N OF Janice S. fhanJr. Wilmington, NC 28405-3845 COASTAL M NAGEMENT dloe, 1 myE.A""Aro Re: Marsh Harbour Resorts, Calabash, NC 5ln/r_ 1 unrntN� 2F1'rCL 40DRESS Dear Mr. Dail: 130 Hiehnarhw So•cel, Ccur,�,elown. Se: 2e.1=10 I am writing on behalf of Mr. H. C. Edens, a mem er of the MAKING ADIMLSS Edens Family LTD Partnership, the owner of property irq mediately Y- i,. Ito% 106 adjacent to the Marsh Harbour Resorts property. - T'aw1c.-, Lsl:utd, SC 958.r. Mr. Edens is very concerned about stormwater runoff from (8,13) 527-0078 the proposed development of the Marsh Harbour prop y being L'a. (8,13) 5'27-0540 directed onto the Edens property. He is also concerned bout ;cl",ndler""`IF.°rq stormwater that is being directed into wetlands conned d to the mm � scrap. or; g '. ob,ilr: ,vw,r.:r,•yi err surrounding estuary without detention and treatment. i B04RDOFnrRGCrnRS One of the plan sheets provided to us in Septeml r is labeled - FranreeClae. "8/20/2007 Application Appendix D." This sheet depict a- Chairp,rrenn "DIVERSION (BYPASS) SWALE." The swale has no detention basin at 1'rish h'irrian its terminus and simply ends near the Marsh Harbour p, perty line. vur chuirjmarl The swale runs onto the page marked "8/20/2007 APPB qDIX E,"' Jmnc.. S. C:haudlcr, Jr. where it appears to connect to a piping rres;rr«,t, p p g system. The sw' a directs Daryl G. Hawldus storm water onto the Edens property and into the state " f South Vic, President Carolina without any proper South Carolina Permit. R;11 Mnraeher Wendy Tara Plainly, this "Diversion (Bypass) Swail" calls for die cling Kith Diana Cim"°l1y runoff onto the Edens property In a concentrated manner. Such a David.f. Harmon. p car. W. Pohaknrr conveyance of water onto adjoining property and into w` ters of the Margaret D. Fabri State of South Carolina is in violation of South Carolina h w, and we 0171ZMIS,slON believe it is in violation of the North Carolina coastal prq' ection and To prmrrr the nawral storm water management laws as well. I rnviruumem of Saud. Cin•"cna by providing, We believe that the Marsh Harbour development ust detain legal eerviccs and:nhice to its storm water on site, treat it, and discharge it in epro s manner eowiramncnlal urganiialiuns and not onto ad'oinin a.%I con" rile.] cmzcns joining property or into the estuary with Lit :urd by impruviug the %rate's sVelem of cnvirvnnuculnl a:-ukdion. !. OCT-12-2007 03:44PM FROM-S.C.ENVIRONLENTAL LAW PROJECT +843 827 0840 T-107 P.002/002 F-283 Mr. Jason Dail October 13, 2007 Page 2 treatment. Accordingly, we object to the Marsh Harbour project and req approval be conditioned upon a proper re —design of storm water n features so as to detain storm water on the Marsh Harbour p-Qpert treatment and appropriate discharge in a manner that does r7 Ap the legal rights of the adjacent property owner. Please provide notice to me of any official action on t please also provide such notice to Mr. H. P. Edens, at 2500 River, SC 29566. If you have any questions regarding these comments please do! hesitate to call. I Thank you very much for your kind coope nd assistance. ours ry tr II James S handler, Jr. f cc H. P. Edens f! that any JlxA E 15 2007 ion, and lAl Qtilp F MANAGEMENT IUy:7i\AIA,,LZIMti7w1qAr--V.1,T1 VA WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 W I LM I N GTON, NORTH CAROLI NA 28402-1890 IN REPLY REFER TO Regulatory Division November 1, 2007 Action ID No. SAW-2007-02906-010, Marsh Harbour Resorts, LLC Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: NOV 6 2007 Morehead City DCM Reference the application of Marsh Harbour Resorts, LLC, clo Mr. Coleman Ramsey, for a Department of the Army permit to develop a 212 acre tract including a hotel with associated amenities and parking, condominiums, clubhouse, restaurant, bulkhead, and dredging as described in the CAMA application dated 8-20-07 and received by this office 8-27-07. The proposed project is located in the Town of Calabash, off NC Hwy 179, at 10155 Beach Drive in Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineer (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the pemrittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work 6r obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE -2- Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 9. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. - 3 - 10. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 11. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 12. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 13. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water level elevation contour to prevent gully erosion and siltation. 14. Excavation will not exceed -8 feet below the elevation of mean low water in the basin and -10 feet below the elevation of mean low water in the access channel. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. Approval of the structure was based on determinations that there would be no obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway (AIVM, a possibility exists that the structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to nullify the navigational benefits on which the AIW W was justified. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash normally to be expected in the AIWW. 17. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 19. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar - 4 - appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 20. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 21. The permittce, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 22. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 23. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in New Hanover County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, telephone (910) 452-7739. Sincerely, I Davi L. Timpy, Project Manager Wilmington Regulatory Field Office r Copies furnished: Ms. Cyndi Karoly Division of Environmental Management North Carolina Department of Environment and Natural Resources, Wetlands Division 2321 Crabtree Blvd, Suite 250 Raleigh, North Carolina 27604-2260 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Secbler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 3 03 03 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 I&IM Mr. Steve Everhart Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NOU-06-2007 17:01 From:DCM MHD 2522473330 To:919103953%4 P.216 jl DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPSOFENGINEERSRIFEIV[7-� P. O. BOX 1890 (� WILMINGTON, NORTH CAROLINA 28402-1890 ,�, INRCPLYFEFERTO November 1.2007 NOV 6 Z001 Regulatory Division Action 1D No. SAW-2007-02906-010, Marsh Barbour Resorts, LLC Mr. Doug I3uggett Division or Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Hugged: Morehead City DCM ul D EG 6 1007 Morehead City DCM Reference the application of Mash Harbour Resorts, Lu , c/o Mr. Coleman Rumscy, for a Department of the Army permit to develop a 212 acne tract including a hotel with associated amenities and parking, condominiums, clubhouse, restaurant, bulkhead, and dredging as described in the CAMA application dated 8-20-07 and received by this office 8-27-07. The proposed project is located in the Town of Calabash, off NC 11w7 179, at Wl55 Desch Drive in Brunswick County, North Carulina. The Federdl agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condi Lions be included in the State authorization; 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United Slates require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the pernittee will be required, upon due notice from the U.S. Army Corps nQngineers, to remove, relocate, or alter the structural work 6r obstructions caused thereby, without expense to the United States. No claim shall be made against the I Jnitcd States on account of any such removal, relocation, or alteration. 'I'he permittec shall notify NOAA/NATIONAL OCEAN SRR VICE; NOV-0672007 17:01 From:DCM MHD 2522473330 To:919103953964 P.3/6 — 2 — Chiel' Source Data Unit N CS261, 1315 E West TIWY- RM 7316, Silver Spring, NID 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall lake place at anytime in the construction or maintenance of this project, in such a manner us to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands, 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance ol'lhis project, within water; or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and till activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities, Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittcc shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina W .Pollution and 1azardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfm, with the public's right to free navigation on al I navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. The permittee mast install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-219 1. 9. In order to protect juvenile tintish resources, no excavation or tilling activities will be penni fled between the dates of April 1 and September 30 of any year without the prior approval n f the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. NOV-06-2007 17:01 From:DCM MHO 2522473330 To:919103953964 P.416 - 3 - 10. All excavated materials will be confmcd landward of the mean high water level elevation contour and any vegetated wetlands. 11. All excavated materials will he confined landward of the mean high water level elevation contour wi [bin adequate dikes or other retaining structures to prevent spillover of dredged materials into any vcgcUW wetlands or surrounding waters. 12. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to entire maximum settlement ol'suspended solids. 13. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water level elevation contour to prevent gully erosion and siltation. 14. Excavation will not exceed -8 feet below the elevation of mean low water in the basin and -10 feet below the elevation of mean low water in the access channel, 15. If the permittee discovers any previously unknown historic or archeolnbrical remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. Approval of the structure was based on determinations that there would be no obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway (AIW W), a possibility exists that the structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to nullify the navigational benefits on which the AIWW was justified. Issuance of this permit. should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats w.ili not be damaged by wave wash normally to be expected in the AIW W. 17. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion ofthe work authorized by this permit, 18. The permittee shall require its contractors and/or agent- to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of it- contractors and/or agents associated with the construction or maintenance or this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 19. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar NOU-06-2007 17:02 From:DCM MHD 2522473330 To:919103953964 P.5/6 -4- appropriate devices around all areas subject to soil disturbance or the movement of earthen till, and the inunediate stabilization of all disturbed areas. Additionally, the project must remain in fill compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 20, The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCD> M), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 N'1 Us or less in trout waters, are not considered significant. 21. The permittee, upon receipt of a notice of revocation ol'this permit or upon its expiration before completion of the work will, without expense to the United ted States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 22. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District I J.S. Army CAxps of FnginecT% within 24 hours of the permittee's discovery of the violation. 23. The West Indian manatee (Trichechus mmuUus), which is listed as a federally endangered species, has been reported in the waters in New Hanover County, In order, to protect the West Indian manatee all work should be done during the period from November t to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, telephone (910) 452-7739. Sincerely, 'ntd�L. Timpy, Project Manager Wilmington Regulatory Field Office NOV-06-2007 17:02 From:DCM hHD 2522473330 To:919103953964 P.6/6 IWO Copies lurnished: Ms. Cyndi Karoly Division of Environmental Management North Carolina Department of Environment and Natural Resources, Wetlands Divisior 2321 Crabtree Blvd, Suite 250 Raleigh,Noith Carolina 27604-2260 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife F.,nhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Strect, SW Atlanta, Georgia 30303 Commanding Officer U.S. Coast Guard Marine Safety Office 721. Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 Mr. Steve Everhart Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NCDENR auc i� 2ec7 " North Carolina Department of Environment and Natural Reso Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secre EXPRESS P DEC�,U T D August 22, 2007 6 2007 MEMORANDUM: 1g JrJ Morehead Ci*ac w " TO: Renee Gledhill -Early _ Aw NC Dept. of Cultural Resources Archives & History N( C� S- FROM: Jason Dail gIj�IO� Express Permits Coordinator; Wilmington Regional Office 04-16-33 ( l SUBJECT: CAMA / Dredge & Fill EXPRESS Permit Application Review Applicant: Marsh Harbor Resorts, LLC Project Location: 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County Proposed Project: Applicant proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept. 15, 2007. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. - REPLY: This agency has no objection to the project as proposed. C( 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 /)JMLC t¢d�%KGl�%-�Qy i� DATE /(�'/02007- f 127 Cardinal Drive Extension"Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us AUG 3 12007 An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper October 31, 2007 Regulatory Division Action ID No. SAW-2007-02906-010, Marsh Harbour Resorts, LLC Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: pLTEd Z Cc DEC 6 ?007 Morehead city DCM Reference the application of Marsh Harbour Resorts, LLC, c/o Mr. Coleman Ramsey, for a Department of the Army permit to develop a 212 acre tract including a hotel with associated amenities an parking, condominiums, clubhouse, restaurant, bulkhead, and dredging as described in the CAMA application dated 8-20-07 and received by this office 8-27-07. The proposed project is located in the Town of Calabash, off NC Hwy 179, at 10155 Beach Drive in Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the "a ached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this ,permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfere with the public's t to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 9. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. N V10. All excavated materials will be confined landward of the mean high water level tion contour and any vegetated wetlands. / 11. All excavated materials will be confined landward of the mean high water level / elevation contour within adequate dikes or other retaining structures to prevent spillover of [[[/// dredged materials into any vegetated wetlands or surrounding waters. / 12. A water control structure will be installed at the intake end of the effluent pipe I/ leading from the retention area in order to ensure maximum settlement of suspended solids. 13. Flow from the diked retention area will be confined by pipe, trough, or similar device /to a point at or below the mean low water level elevation contour to prevent gully erosion and v siltation. 14. Excavation will not exceed -8 feet below the elevation of mean low water in the basin and -10 feet below the elevatno of mean low water in the access channel. 15. If the permittee discovers any previously unknown historic or archeological remains .0/t/while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. Approval of the structure was based on determinations that there would be no obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway (AIW W), a possibility exists that the structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to nullify the navigational benefits on which the AIW W was justified. Issuance of this permit sho Id not be construed, as relieving the permittee of taking proper steps to insure the structure moored boats will not be damaged by wave wash normally to be expected in the AIW W. /// 17. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 19. The permittee shall employ all sedimentation and erosion control measures necessary / to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit v area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 20. The activity will be conducted in such a manner as to prevent a significant increase in it urbidity outside the area of construction or construction -related discharge. Increases such that he turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by ythe North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 21. The permittee, upon receipt of a notice of revocation of this permit or upon its xpiration before completion of the work will, without expense to the United States and in such �� time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 22. Violations of these conditions or violations of Section 404 of the Clean Water Act or ction 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 23. The West Indian manatee (Trichechus manatus), which is listed as a federally ndangered species, has been reported in the waters in New Hanover County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, telephone (910) 452-7739. Sincerely, David L. Timpy, Project Manager Wilmington Regulatory Field Office Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Division of Coastal ManagemF North Carolina Department of i Health, and Natural. Resource 5 Ms. Tee Barrett, District Manag Morehead City Regional Office North Carolina Division of Coastal Managem t 400 Commerce Avenue Morehead Gity,North Carolina 28557-3421 Mr. Ted Sampson,`District Manager Elizabeth City Regional Office North Carolina Division oge^�menr f Coastal`Mana 1367 US i7 South Elizabeth City,-NorthCarolinY2 097 9 Coordinate EEP projects with Wicker via L-31 A TE9Q Michael F. Easley, Govemor `���:�✓/ ii '1 William G. Ross Jr., Secretary r t 3 2�o I North Carolina Department of Environment and Natural Resources =( QC1 Its ^� Coleen H. Sullies, Director low , Jr -AU _ Division of Water Quality j/ DW 00 $22 Ver 2 Q� U Marsh Harbor Resorts, LLC DEC 6 20�Mlh� ^! NC Attn: Coleman Ramsey J�tsvn I Causeway Drive Morehead City DOM o I ullI Ocean Isle Beach, NC 28469 Subject Property: Marsh Harbor Resorts and Marina THIS IS NO 1t Approval of401Water Quality Certification with AdditionaAn�lfr MA PERMIT Dear Mr. Ramsey: lV You have our approval, in accordance with the attached conditions and those listed below, to maintenance dredge 15.95 acres of open water in the marina basin and Calabash River, replace existing bulkhead and backfill 0.48 acres of a man-made upland basin and construct a hotel with associated amenities, condominiums, clubhouses and restaurant at the subject property, as described within your CAMA Express application dated August 22, 2007 and the 401 Express application dated August 22, 2007 and received as complete by the Division of Water Quality (DWQ) on September 11, 2007. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3642 (GC 3642). This Certification can also be found on line at: http://h2o.enr.state.ne.us/newetlands/certs.hhnl. The Certification allows you to use the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 400N` tCam' a ,ivatuml% North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet:.. wwaiernnnlily.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Alfirmalive Action Employer- 50% RecycleNlO% Post Consumer Paper Page Two Marsh harbor Resorts, LLC Attn: Coleman Ramsey DWQ Project # 00 0822 Ver 2 September 28, 2007 Amount Approved nits Plan Location or Reference Stream N/A feet 404 Wetlands N/A acre Coastal Wetlands N/A acres Open water dredged 15.95 acres Drawings to be sent in prior to project start Open Water filled 0.48 acres Attached drawings (Sheet 5, Sheet 6 and Sheet 7 of 14 2. Prior to dredging, DWQ will require accurate drawings that reflect the proposed project. This should include: water depths, amount of sediment to be removed and a footprint of the dredging project as proposed in this application. 3. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. Page Three Marsh harbor Resorts, LLC Attn: Coleman Ramsey DWQ Project # 00 0822 Ver 2 September 28, 2007 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Watei Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919- 733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215. Sincere , to� 4_ Coleen H. Sullins, Director �' r Division of Water Quality Enclosures: GC 3642 Certificate of Completion cc: Laura Stasavich — Land Management Group David Timpy - USACE Wilmington Regulatory Field Office Ian McMillan - DWQ 401 Unit Doug Huggett - DCM Morehead City Jason Dail - DCM Morehead City Central Files WiRO CERTIFIED MAIL RETURN RECEIPT REQUESTED DEC 6 2007 �J Date: 8/15/07 Moreheaq city Dear: Mr. Sir/Madam DCM As an adjacent riparian landowner to Marsh Harbour Resort (Calabash, NC), this letter serves to notify you of plans to authorize work on the property. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. Should you have no objections to this proposal, please check the appropriate statement below, sign and date the blanks below the statement and return this letter to:Jason Dail, 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 as soon as possible. Should you have objections to this proposal, please send your written comments to: Jason Dail, 127 Cardinal Drive Ext. Wilmington, NC 28405-3845. Comments must be received within 30 days. E>„EGEI NC Sincerely, '0CM VV49��1 SEP 1 '1 2001 Laura Stasavich Environmental Scientist Land Management Group, Inc. I have no objections to the project as presently proposed. -A/—I have objections to the project as presently proposed and have enclosed comments. AK6Ti>IVI� Signature Date"— Del; I I Vbjt`r -}-ip nis ��o�osA� `vAt i I w111 cgVSe �v 1�2 S"�'(o-'t6 Ed�eKj ����y Per I�^4vfly� e,n'4141 vAeht - Marsh Harbour Permit Modification Subject: Marsh Harbour Permit Modification From: "Laura Stasavich" <Itasavich@Imgroup.nety Date: Fri, 9 Nov 2007 16:13:52 -0500 To: "Jason Dail" <Jason.Dail@ncmail.nety CC: "Rob Moul" <rmoul@hngroup.net> Jason, PIr ry 1ERto DEC 6 2007 Morehead City DCM I am providing clarification on the requested modification of CAMA Permit 11-97, which was renewed by the CRC in September 2007. Changes to be authorized by the modification are described in the CAMA express application accepted by your office August 22, 2007. Specifically, the modification items include: (1) Waterward re -alignment of approximately 5,500 Ift of bulkhead along the existing marina basin and creation of a 30' Coastal Shoreline Buffer (shown on application Figures 5, 6, 7). (2) Removal of approximately 8,080 sq.ft. of impervious cover within the created 30' Coastal Shoreline Buffer (shown on application Figures 5, 6, 7) (3) Maintenance dredging within the existing marina basin and entrance channel. Final depths in the marina basin would be -8' MLW and final depths in the open water entrance channel would tie into the natural -10' MLW contour. Depths will not exceed natural depths within the river. (Figure 9). (4) Designation of a new spoil disposal area for the proposed maintenance dredging (shown on Figure 10). Please contact our office if you need any additional clarification. Sincerely, Laura Laura Stasavich Land Management Group, Inc. P.O. Box 2522 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28402 910-452-0001 (p) 910-452-0060 (f) Istasavich0l mgroup. net 1 of 1 11/14/2007 12:58 PM South Carolina October 13, 2007 Environmental 37,� VIA FAX (910) 395-3964 AND US MAIL � 10 Lai Project Mr. Jason Dail CJEC ZAAI N.C. Division of Coastal Management a 501c3 tax-exempt 127 Cardinal Drive Ext. MAFIh@@a fal ��M non-profit corporation Wilmington, NC 28405-3845 James S. Chandler, Jr. Amy E. Armstrong Re: Marsh Harbour Resorts, Calabash, NC Staff Attorneys OFFICEADDRESS Dear Mr. Dail: 430 Highmarket Street Georgetown, SC 29440 1 am writing on behalf of Mr. H. C. Edens, a member of the MAILING ADDRESS Edens Family LTD Partnership, the owner of property immediately adjacent to the Marsh Harbour Resorts property. P. O. Box 1380 Pawleys Island, SC 29585 Mr. Edens is very concerned about stormwater runoff from (843)527-0078 the proposed development of the Marsh Harbour property being Fax (843) 527-0540 directed onto the Edens property. He is also concerned about jhandler@scelp.org stormwater that is being directed into wetlands connected to the amy@scelp.org Website: www.scelp.org surrounding estuary without detention and treatment. BOARD OF DIRECTORS One of the plan sheets provided to us in September is labeled Frances Close "8/20/2007 Application Appendix D." This sheet depicts a Chairperson "DIVERSION (BYPASS) SWALE." The Swale has no detention basin at Trish Jerman its terminus and simply ends near the Marsh Harbour property line. Vice Chairperson The swale runs onto the page marked "8/20/2007 APPENDIX E," James S. iddler,Jr' Presresident where it appears to connect to a piping system. The swale directs Daryl G. Hawkins storm water onto the Edens I?rn,-- I a... into the st3t- of South r t Vice President Carolina without any proper South Carolina Permit. Bill Marscher Wendy Zara Plainly, this "Diversion (Bypass) Swail" calls for directing Kim Diana Connolly runoff onto the Edens property in a concentrated manner. Such a DayW.PHarmon caryw.Pacakarr conveyance of water onto adjoining y J g property and into waters of the Margaret D. Fabri State of South Carolina is in violation of South Carolina law, and we believe it is in violation of the North Carolina coastal protection and OUR MISSION storm water management laws as well. To protect the natural environment of South Carolina by providing We believe that the Marsh Harbour development must detain legal services and advice to its storm water on site, treat it, and discharge it in a proper manner environmental and not onto adjoining property or into the estuary without and concerned citizens RECEIVED and by improving the state's system of DCM WILMINGTON, NC environmental regulation. s OCT 1 7 2007 mimed ov reeyeleJ paper. I Mr. Jason Dail October 13, 2007 Page 2 treatment. Accordingly, we object to the Marsh Harbour project and request that any approval be conditioned upon a proper re -design of storm water management features so as to detain storm water on the Marsh Harbour property for treatment and appropriate discharge in a manner that does not violate law and the legal rights of the adjacent property owner. Please provide notice to me of any official action on this application, and please also provide such notice to Mr. H. P. Edens, at 2500 Highway 179, Little River, SC 29566. If you have any questions regarding these comments please do not hesitate to call. Thank you very much for your kind coopelAtf0*11)and assistance. James SAhandler, Jr. cc H. P. Edens REGEiVED DCM WILMINGTON, NC OCT 1 7 2007 PERMIT #11-97 MARSH HARBOUR RESORTS BRUNSWICK COUNTY (TRANSFER FROM MARSH HARBOUR MARINA & ASSOCIATED DEVELOPMENT) File is in a box on top of the file cabinet in the Permitting's File Room (b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. (c) There shall be no significant interference with navigation or use of the waters by the public b the existence of the bulkhead or the riprap authorized herein. (d) This permit will not be applicable to proposed construction where the Department has deter ined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary be ause there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water quali , air quality; coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights. (e) This permit does not eliminate the need to obtain any other required state, local, or f deral authorization. (f) Development carried out under this permit must be consistent with all local require nts, AEC rules, and local land use plans current at the time of authorization. HistotyNote: Authority G.S. 113A-107(a); 113A-107(h); 113A-113(b); 113A- 18.1; 113A-124; Eff March 1, 1984; Amended Eff. May 1, 1990; December 1, 1987; RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. August 1, 1998; July 1, 1994. 15A NCAC 07H .1105 SPECIFIC CO ITIONS (a) This general permit is applicable onlyalo shorelines void of w tland vegetation including marsh grass and wooded swamp, or where all construction is to be acco lished landward o such vegetation. (b) Along natural shorelines e.g. rivers, creeks, ays, sounds, et ., bulkheads and riprap material must be positioned as follows: (1) Bulkheads must be positioned so as attoexc mean high water mark, or the norma water e bulkhead be positioned more than 5 fe w en at any point along its alignment. (2) Riprap must be positioned so as not to a eed mark or normal water level contour at a p in riprap proposed waterward of the exis ng bu I (c) Along shorelines within upland basins, canals, and tches, bi exceed more than an average distance of 5 feet water w rd of the more than an average distance oft feet waterward of the I contour, whichever is applicable. In no case shall the rd of the mean high water or normal water level contour a maximum of 5 feet waterward of the mean high water along its alignment. This location standard also applies to whichever is applicable. In no case shall the bulkhea or riprap be posi water or normal water level contour at any point alo its alignment. Fo Waterway (AIWW) is considered a natural shorel' a and development (d) Construction authorized by this general per it will be limited to a (e) All backfill material shall be obtained from n upland source. ds or riprap material must be positioned so as not to high water mark or the normal water level contour, oned more than 10 feet waterward of the mean high r e purpose of these Rules, the Atlantic Intracoastal mu koccur as described in 7H .1105(b). maxin\um shoreline length of 500 feet. (f) The bulkhead must be constructed, or the prap must be in place prior to any ackfilling activities. (g) The bulkhead or riprap must be structur ly tight so as to prevent seepage of b kfill materials through the structure. (h) Riprap material shall be free from to se dirt or any other pollutant. It must IJe of a size sufficient to prevent its movement from the site by wave or curve action. \ (i) Riprap material must consist of clean ock or masonry materials such as but not limited to granite or broken concrete. Materials such as tires, car bodies, scrap eta[, paper products, tree limbs, wood debris, organic material or similar material, are not considered riprap. Q) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which maybe required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. (k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width of the canal or basin. (1) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation control plan must be filed with the Division of Land Resources, Land Quality Section, or appropriate local government having jurisdiction. This plan must be approved prior to commencing the land -disturbing activity. , Permit Class MODIFICATION/MAJOR(Express Permit) STATE OF NORTH CAROLINA Department of Environment and Natural Resources r and Coastal Resources Commission Permit 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 Permit Number 11-97 Issued to Marsh Harbour Resorts, LLC, 11 Causeway Drive, Ocean Isle Beach, NC 28469 Authorizing development in Brunswick County at a0j. to the Calabash River at 10155 Beach Drive, Calabash. NC as requested in the permittee's application dated 8/20/07 (MP-1 & MP-2). and revised 8/20/07 (MP-3). including the attached work plan drawings referenced in Condition (1) of this permit. This permit, issued on December 5, 2007 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. Upland Development 1) This permit is a major modification to CAMA permit #11-97. Specifically, this major modification authorizes the removal of approximately 8,080 square feet of impervious cover within the 30' Coastal Shoreline Buffer, the re -alignment of approximately 5,500 linear feet of bulkhead along the existing manna basin, maintenance dredging within the boat basin, access canal and entrance channel and spoil disposal within the limits of the project boundary. Unless specifically altered herein, all work shall be done in accordance with the permittee's application and work plan drawings (25), sealed 8/18/07 (Sheets 5, 6, 7, 8 and 10 of 14), dated revised 8/20/07 (Appendix A-P) and dated 8/2007 (Sheets 11, 12, 13 and 14 of 14) This permit ac other qualified pt date. An appeal continuance as thi This permit n personnel when it Any maintenan hereunder require, All work must c Deceml In issuing this that your project i Management Prog (See attached chPPtc fnr Aaat+t.,...,t j 2-! � V / e DENR and the Commission. n. VV/ r er s H. Gregson, Director f Coastal Management iereby accepted. Signature of Permittee Marsh Harbour, LLC Permit #11-97 Page 2 of 6 ADDITIONAL CONDITIONS 2) Unless specifically altered herein, this Major Modification authorizes only the land disturbing associated with the removal of approximately 8,080 square feet of impervious coverage within the 30' Coastal Shoreline Buffer, all as expressly and specifically set forth in the permit application and depicted on the attached work -plat drawings. Any additional land disturbing activities and/or construction shall be evaluated, on a case -by -case basis, by a representative from the Division of Coastal Management (DCM) to determine additional permit requirements. .Jii�ur A Maintenance Excavation 3) In ord r to protect juvenile fish and shrimp populations, no excavation or filling shall take place between April and September 30 of any year without prior approval from the Division of Coastal Management, in co sultation with the ivision of Marine Fisheries and the U.S. Army Corp of Engineers. dKC 4) No a egetated wetlands shall be excavated and/or filled, even temporarily. 5) The temporary placement, or double handling of excavated or fill materials within waters or vegetated wetlands, is not authorized. 6) This Major Modification only authorizes the excavation activities indicated on the attached workplan drawings. 7) Excavation shall not exceed —8.0 feet below the elevation of normal low water (NLW) within the boat basin, and —10.0 feet within the footprint of the access canal and entrance channel, as indicated in the permit application. 8) All excavated materials shall be confined landward of the normal high water (NHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 9) The disposal area shall be constructed a sufficient distance from the normal high water level, or any marsh, to eliminate the possibility of dike erosion into surrounding wetlands or waters. In all cases, no spoil material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the permitted bulkheads. 10) The permittee shall contact a representative of the Division of Coastal Management's, Wilmington Office (910) 796-7215 and the U.S. Army Corp of Engineers (910) 251-4000, at least two weeks prior to commencement of dredging, or grading activities within the disposal area, and arrange for an inspection of the constructed/prepared spoil disposal area. This meeting shall include the dredging contractor, as well as the permitee pr permittee's agent. 0.410, 11) The disposal area and any associated disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. Dewatered spoil materials may be utilized as fill material in areas of the subdivision subject to approval of a Sedimentation and Erosion Control Plan for the Marsh Harbour subdivision. Marsh Harbour, LLC Permit #11-97 Page 3 of 6 ADDITIONAL CONDITIONS 12) 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 structures, work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest 13) 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. Use of the permitted activity shall not interfere with the publics right to free navigation on all navigable waters of the United States. Marina Basin 14) 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. 15) It is possible that the authorized structures may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any such damagepi in d NOTE: Permanent reflectors shall be attached to th dredge structures in order to make them more visible during hours of darkness or inclement weather. Bulkhead 16) Unless specifically altered herein, the bulkhead shall be re -aligned in accordance with the permittee's application, and as depicted on the attached work plan drawings. 17) The bulkhead shall be constructed prior to any backfilling activities. 18) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 19) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by department personnel. 20) The fill material shall be clean and free of any pollutants except in trace quantities. 21) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 22) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 23) All fill material to be placed below mean high water level shall be confined behind the permitted bulkhead. Marsh Harbour, LLC Permit #11-97 Page 4 of 6 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 24) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. NOTE: An Erosion and Sedimentations Control Plan will be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, to determine if a modification to Mining Permit 10-07 is necessary. Stormwater Manaeement 25) The Division of Water Quality's approval of this project, under the stormwater management rules of the Environmental Management Commission, is covered by way of Stormwater Permit No. SW8920522. The stormwater permit was issued on 06/10/97. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 26) The permittee understands and agrees that if future operations by the United States require the removal, relocation, or other alterations, of the structure or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of north Carolina. No claim shall be made against the United States or the State of North Carolina on account of any such removal or alteration. 27) The activities shall be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge. Increases in turbidity of 25 NTU's or less are not considered significant. 28) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. /; 6r�#^� fir, d wwc 29) This major mod shall be attached to the original of Permit 11-97, which was i ued on 6/13/97, as well as all subsequent modifications, renewals, refinements, and copies of all shall be readily available on site when a Division representative inspects the project for compliance. All conditions/stipulations of the active permit remain in force under this major mod�unless specifically altered herein. Marsh Harbour, LLC Permit #11-97 Page 5 of 6 ADDITIONAL CONDITIONS 30) In issuing this permit, the State of North Carolina and/or the Federal Government does not assume liability for: a.) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b.) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c.) Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d.) Design and construction deficiencies associated with the permitted work. e.) Damage claims associated with any future modification, suspension, or revocation of this permit. NOTE: The permittee is advised that any development or land disturbing activity that is considered non - water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 000822), which was issued on 9/28/07. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2007- 02906-010. NOTE: The federally endangered West Indian manatee (Trichechus manatus), has been reported in North Carolina waters. In order to protect the manatee, all work should be done between November 1 and May 31. If work must be done outside of this time frame, the permittee should adhere to enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina". This information is not a permit condition, but is for public information. Should you have any questions or comments, please contact the U.S. Army Corp of Engineers at telephone (910) 251-4000. Coast Guard Regulations Applicable to Dredge Operations Below is a list of regulations that are applicable to dredge operations in the COTP Morehead zone. This list is not at all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff in order to be provided amplifying information or answers to any questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the USCG's UTV Voluntary Commercial Dockside Examination program. Please contact BMl Dan McDonald of the USCG staff at (910) 722-2226, extension 108, to coordinate a meeting or dockside exam. Marsh Harbour, LLC Permit #11-97 Page 6 of 6 ADDITIONAL CONDITIONS 1. Lights on dredge pipelines (33 CFR 88.15) 2. Lights on barges at a bank or dock (33 CFR 88.13) 3. Lights and Shapes (33 CFR 84.11-13) 4. Mooring Buoys (33 CFR 62.35) 5. Special Marks (33 CFR 62.31) 6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815) 7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2) 8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72) 9. UTV Certificate of Documentation (33 CFR 173.21) 10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1) 11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.1.18) Sn'th Carolina October 13, 2007 VIA FAX (910) 395-3964 AND US MAIL 9� Mr. Jason Dail N.C. Division of Coastal Management 127 Cardinal Drive Ext. ... .. ,,,.._.,; Wilmington, NC 28405-3845 .minas S. i:31a1iltk•1', Jr. Re: Marsh Harbour Resorts, Calabash, NC rrr�Cta.a€30taass.s Dear Mr. Dail: 7i=3lil;:hm r� tr�r•i I am writing on behalf of Mr. H. C. Edens, a member of the Edens Family LTD Partnership, the owner of property immediately tf.-rrc}tia; sT,Drrrss adjacent to the Marsh Harbour Resorts property. Mr. Edens is very concerned about stormwater runoff from (ll�>? the proposed development of the Marsh Harbour property being directed onto the Edens property. He is also concerned about stormwater that is being directed into wetlands connected to the, surrounding estuary without detention and treatment. tart-; ;r3 nr r>rr,.AC70ras One of the plan sheets provided to us in September is labeled CI,,�1 "8/20/2007 Application Appendix D." This sheet depicts a Cu, r, r; na "DIVERSION (BYPASS) SWALE." The swale has no detention basin at its terminus and simply ends near the Marsh Harbour property line. The swale runs onto the page marked "8/20/2007 APPENDIX E," i""'l• ' c3"'""'�'`"� ' where it appears to connect to a piping system. The swale directs "storm water onto the Edens property and into t!ie state e; South Dar,I C, R,,,,kin". Carolina without any proper South Carolina Permit. l3ili iM1'�ar:•ci�et - �z ^=k� Plainly, this "Diversion (Bypass) Swail" calls for directing runoff onto the Edens property in a concentrated manner. Such a conveyance of water onto adjoining property and into waters of the �u•s \Y. Yaliauiilt - State of South Carolina is in violation of South Carolina law, and we ,r,,,r,,,,., F=• i,,c,. believe it is in violation of the North Carolina coastal protection and i>r.s:73rhsrt�ti storm water management laws as well. �P 3COtC4:i {3ED .`L:a516:1) UttYUi(3ll4ll xv¢CTi„ - We believe that the Marsh Harbour development must detain 1,s.lr�Vr,14ow«dM,-V1, its storm water on site, treat it, and discharge it in a proper manner and not onto adjoining property or into the estuary without ARniPOtif+tllti Q tzrni t`t awl 3)i,ni-rw ally 131Y -1 tF?'*1"=i; iFiit irk DCiv ` 4{aLIJ tN td. NC 1 GTO :a1c[rmnnrnke3 n��a9al$sn. _ Mr. Jason Dail October 13, 2007 Page 2 treatment. Accordingly, we object to the Marsh Harbour project and request that any approval be conditioned upon a proper re -design of storm water management features so as to detain storm water on the Marsh Harbour property for treatment and appropriate discharge in a manner that does not violate law and the legal rights of the adjacent property owner. Please provide notice to me of any official action on this application, and please also provide such notice to Mr. H. P. Edens, at 2500 Highway 179, Little River, SC 29566. If you have any questions regarding these comments please do not hesitate to call. Thank you very much for your kind cooperati 'Un n and assistance. x � ours ry tr James S handier, Jr. E I V '='-, �3) OCIVI k0ALMiNGTON1, NG rf ZP7 Message Confirmation Report Name/Number WILM DCM / 919103953964 Page 6 Start Time NOV-06-2007 05:01PM TUE Elapsed Time O1'24" Mode STD ECM Results (O-K] NOV-06-2007 05:02 PM TUE Fax Number • 2522473330 Name DCM MHD DIVISION] OF COASTAL MANAGEMENT NCDENR NVMGindl Mo HCV141I[f W�KC> TO: OFFICV I ELEPHONE:( 1 FAX:( 1 FROM: 1— >g1 Kai Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voicc: (252) 808-2808 FAX: (252) 247-3330 Re: DATESENT: JI D TOTAL PAGES INCLUDING COVER SHEET: DIVISION OF COASTAL MANAGEMENT A NCDENR NORTH CAROLINA DCP.WTMCNT 00 ENwPONMENT AMID NRURAL. Resoam u TO: OFFICE: v -De TELEPHONE: ( ) FAX: ( ) FROM: Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voice: (252) 808-2808 FAX: (252) 247-3330 Re: DATE SENT: 111�1D 1 U_I TOTAL PAGES INCLUDING COVER SHEET: DIVISION OF COASTAL MANAGEMENT EXPRESS APPLICATION TRANSMITTAL AND PROCEFabashM J'� . U Li' I 1) APPLICANT: Marsh Harbor Resorts, LLC County: Brui l LOCATION OF PROJECT: 10155 Beach Dr., adjacent to the Calabash River, in 2 7 Z007 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-22-07 Morehead 4s1 Ey DEM FIELD RECOMMENDATION: Attached: YES To Be Forwarded: N/A CONSISTENCY DETERMINATION: Attached: NO FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMI S UNIT: PUBLIC NOTICE REC'D: 8-25-07 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED T : C) Zi4hk*DEADLINE: a S MAIL OUT DATE: 8-25-07 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: YES DISTRICT OFFICE: WILMINGTON FEE REC'D: $ 2000.00 (100%) END OF NOTICE DATE: 9-15-07 DEED REC'D: ON: S/a�7 150 DAY DEADLINE: STATE DUE DATE: 9-15-07 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Corps of Engineers —H1 Recommendations for Modification to State Permit — Marsh Harbor Resorts, LLC It is recommended that a permit be issued to authorize the project with the following conditions: I . The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 2. No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 3. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. A silt fence or berm must be installed and inspected by Division of Coastal Management personnel prior to commencing any dredging work. 4. Include standard dredging conditions. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary August 22, 2007 2 Pages BILL TO (910) 796-7427 Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice — EXPRESS — Marsh Harbor Resorts, LLC Kyle: Please publish the attached Notice in the Saturday, August 25, 2007 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please also send the original invoice and a copy of the affidavit, to Janene Childs at NC DENR Customer Service Center 1640 Mail Service Center Raleigh, NC 27699-1640, The phone number is 919-733-0951. Please send a copy of the invoice, and original affidavit to Miriam Hughes, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, 9ftac"?, O&Ao'n For Miriam Hughes Express Permitting Admin. Assistant (910)796-7215 Enclosure cc: WiRO Doug Huggett Ke#Y-�, LPO 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on August 22, 2007. According to said application, Marsh Harbor Resorts, LLC proposes to construct a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead, and to perform maintenance dredging within the marina basin, canal and entrance channel at 10155 Beach Dr., adjacent to the Calabash River, in Calabash, Brunswick County. A copy of the entire application may be examined or copied at the office of Jason Dail at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to James H. Gregson, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, prior to September 15, 2007, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Re: Marsh Harbor EXPRESS Public Notice Subject: Re: Marsh Harbor EXPRESS Public Notice From: wilmington.classified@starnewsonline.com Date: Wed, 22 Aug 2007 15:44:25 -0400 To: Shaun Simpson <Shaun.Simpson@ncmail.net> Good afternoon, Legal set to run this Sat. Aug. 25 as requested. Final pub cost comes to $132.84. thanks Shaun, Kyle Yauck Star -News Classified Department/LEGALS Tel.: (910) 343-2326 or (910) 343-2352 Fax: (910) 343-2229 Shaun Simpson <Shaun.Simpson@nc mail.net> To Kyle Star -News 08/22/2007 03:34 <wilmington.classified@starnewsonli PM ne.com> cc Subject Marsh Harbor EXPRESS Public Notice is attached for Miriam. Thanks for taking care of this for Saturday publication. sks Shaun Simpson Administrative Assistant NC Division of Coastal Management Wilmington,NC 28405 Phone 910-796-7226 Fax 910-395-3964 (See attache J file: Marsh Harbor Resorts.doc)= Content -Type: application/msword Marsh Harbo=Resorts.doc Content -Encoding: base64 1 of 2 8/22/2007 4:20 PM DMSION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Marsh Harbor Resorts, LLC 2. LOCATION OF PROJECT SITE: Located at 10155 Beach Drive, adjacent to the Calabash River, in Calabash, Brunswick County Photo Index - 2006: 3-6145, I-T, 1-9 2000: 3-28, E-P, 16-24 1995: 3-27, I-R, 11-14 State Plane Coordinates - X: 648974 Y: 15429 GPS File: V-062114A Lat:33°53'17.943" Long:78°34'22.938" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 8/21/07 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — completed 8/22/07 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Calabash Land Classification From LUP — Developed/Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Marina:Yes Upland Development: No (D) Intended Use: Residential S/d (E) Wastewater Treatment: Existing — Municipal Planned - Municipal (F) Type of Structures: Existing — Existing marina with docks, associated driveways and parking areas, bulkhead, management office, tennis court, swimming pool and townhomes. Planned - Reauthorize the previously permitted development, construct a new bulkhead waterward of the existing bulkhead, fill approximately 28,000 sq. ft. of uplands, and perform maintenance dredging within the basin, access canal and entrance channel, upland development would include a hotel with associated amenities, condominiums clubhouse and restaurant. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ("404" type and coastal) (B) Non -Vegetated Wetlands 695,000 sq. ft. (maintenance 14,725sq.ft. (bulkhead Open water dredging) backfill) (C) Other - High ground 450,532 sq. ft. 100 acres (disposal area (disturbed - high and upland fill) ground development) (D) Total Area Disturbed: 126.6 acres (5,501,497 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting approval to develop the subject property, to include the construction of a hotel with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead. Additionally, the applicant proposes to perform maintenance dredging within the marina basin, canal and entrance channel. Marsh Harbor Resorts, LLC Page Two 9. PROJECT DESCRIPTION: The applicant is requesting approval under the CAMA Express Permitting Program for the proposed development. Please note that the original Field Investigation Report (FIR) for Marsh Harbor Marina, was prepared by Ed Brooks and circulated on 11/4/1996, and a second FIR for Marsh Harbor Resorts, LLC was prepared by Janet Russell, and circulated on 6/15/2000. It is understandable that not all resource agencies will have copies of the previous FIR's, so a brief description of the property, and permit history will be discussed below. The Marsh Harbor Resort property is located on Beach Drive off of Highway 179 in the town of Calabash in Brunswick County. The property abuts the Calabash River and lies adjacent to the North Carolina/South Carolina state line. Existing development consists of a golf course, clubhouse, paved road, dirt road, 3 townhouse buildings, swimming pool, tennis courts, management office, an upland marina basin, dock master's office, associated parking lots and a bath house. The shoreline along the basin is stabilized with rip - rap and sloping concrete bulkhead walls. There are several existing piers and docks within the marina basin providing boating access. The 212-acre tract of land is currently vegetated with scrub pine trees, woody shrubs, grasses and weeds. The existing elevations on the tract range from 10' to 30'. Much earthwork would be required during the development of the property. This property has a long history with various owners and varied development plans. CAMA Major Permit #74- 82, was issued on June 23, 1982 to Marsh Harbor Yacht and Golf Links, Inc. This permit was for coquina mining and marina development. The permit was renewed and modified through 1988. The property was sold and the permit transferred to Charles Kronenwetter, expiring on December 31, 1990. hi 1996, the property was acquired by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property and maintenance dredging of the existing marina basin. CAMA Major Permit # 11-97 was issued on June 13, 1997, expiring on December 31, 2000. Subsequently, the permit was transferred to the present property owner, Marsh Harbour Resort, LLC, on October 5, 1999. The Resort was partially developed under CAMA Major ,Permit #11-97 and the applicant is now seeking to continue the development of the, as originally applied for under CAMA Major Permit # 11-97, with the exception ofthe proposed bulkhead realignment and relocation of certain structures outside of the 30' Coastal Shoreline buffer. Impervious coverage originally permitted within the 30' buffer has been eliminated and/or replaced with wood decking. The waters of Calabash Creek in the vicinity of the project area are classified "SA" by the Division of Water Quality. The area immediately adjacent to the project site is NOT designated as a Primary Nursery Area by the Division of Marine Fisheries, and according to maps provided by Shellfish Sanitation, the area adjacent to the project site is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is currently seeking to have the previous development repermitted, as originally permitted, with the exception of2,500 linear feet of new bulkhead, changes to the originally permitted structures located within the Coastal Shoreline 30' buffer, and the relocation of dredged spoil material from the proposed maintenance excavation. To partially recite the previous FIR, and to keep within the intent of the previously permitted development activities, the applicant is requesting permit authorization for the construction of a seven -story, 1200-room hotel and convention center with swimming pools and associated 73' tall parking deck, four 75' tall, mid -rise condominiums (66 units), 80 townhomes (35'tall), 200 marina condominiums (45'tall buildings), a clubhouse, a shop, and a restaurant. Also, .68 acres of the upper end of the existing upland basin is to be filled and bulkheaded providing room for development of four of the condominium buildings. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1.5 inches of rainfall. Marsh Harbor Resorts, LLC Page Three The engineer for the project has calculated an impervious surface area of 27.5% within the 75' Estuarine Shoreline Area of Environmental Concern (AEC). Also noted is that 100% of the runoff from the impervious area will be captured in an infiltration basin or proposed stormwater pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin (approximately 5,500 linear feet) is stabilized by a rolled concrete bulkhead and partial rip -rap material. For structural concerns, and to maintain a 30' buffer from Normal High Water (NHW), certain areas of the bulkhead need to be repaired, replaced and/or relocated. The applicant is proposing to reconstruct approximately 2,500 linear feet of new bulkhead waterward of the existing bulkhead. According to the permit application, the new wall (keystone concrete designed to slope towards the center of the basin) would average approximately 6'- 8' waterward of the existing wall and would extend approximately 25' waterward of the existing wall near what is noted on the. plan drawings as "Stormwater Storage Structure 11 A". Approximately 6,214 cubic yards of material would be placed behind the bulkhead as backfill. It should be noted that the previously permitted upland development activities were authorized prior to the adoption of the 30' Coastal Shoreline buffer Rules. At that time, the permittee was not required to maintain a 30' buffer between NHW and the proposed non -water dependent structures, and as such, numerous concrete boardwalks, sidewalks and parking areas were approved under CAMA Major Permit #11-97. The new proposal indicates that these previously permitted structures have been eliminated and/or replaced with pervious wood decking in order to meet the current buffer Rules. Lastly, the applicant is proposing to perform maintenance dredging within the existing boat basin, access canal and entrance channel to the originally permitted depth. According to the application and site drawings, approximately 146,200 cu. yds. of material would be hydraulically excavated and pumped on -site to a dedicated area of high ground. Approximately 9.7 acres of high ground have been dedicated for spoil deposition. The spoil disposal area would be located in the northwest corner of the property, approximately 200'- 600' from the boat basin. The boat basin (1,000' x 600') would be dredged from the existing depth (-2.0' Mean Low Water (MLW)) to -8.0' MLW. The dredged footprint of the access canal and entrance channel would include a 100' (bottom cut) x 950' area, and final dredged contours would average -10.0' MLW within the access channel and taper off to the depth of the adjoining federally maintained channel (approximately - 10.0 MLW). The top cut of the proposed dredging activities within the canal and entrance channel would be cut/tapered at a 4:1 side slope from the edge of the bottom cut. The proposed dredging activities would remain within the same footprint as originally permitted and as proposed, would not exceed the depths of the Calabash River channel. According to the application package, the proposed dredging and spoil disposal activities would not impact any "404" or coastal wetlands. 10. ANTICIPATED IMPACTS: The proposed upland development would disturb approximately 100 acres of high ground. The bulkhead replacement would result in the filling of approximately 14,725 sq. ft. of open water within the existing man-made basin. The boat basin, access canal and entrance channel maintenance dredging would impact approximately 695,000 sq. ft. of previously dredged shallow bottom area. Additionally, the entrance channel would be dredged to a depth of-10.0', or to the depth of the connecting federally maintained channel. Spoil disposal would disturb approximately 450,532 sq. ft. of high ground. As proposed, it appears that the dredging and disposal activities would not impact Coastal Wetlands, Primary Nursery Areas (PNA), Submerged Aquatic Vegetation (SAV) or open shellfishing waters. Increases in turbidity should be expected during the dredging period however, no long term or adverse impacts are anticipated. Submitted by: Jason Dail Date: August 22, 2007 Office: Wilmington Marsh Harbour Resorts Express CAMA Major Permit Application 20 August 2007 Purpose: Marsh Harbour Resorts, LLC, requests a CAMA Major Permit to authorize work at the existing Marsh Harbour Resort. Marsh Harbour Resort is located in the Town of Calabash, NC, off NC HWY 179, with an address of 10155 Beach Drive. Two parcels owned by Marsh Harbour Resorts, LLC, total approximately 212-acres in size. Both parcels abut the Calabash River. One parcel contains a roughly 16-acre upland marina basin. Work proposed in this application will involve the 75' Coastal Shoreline AEC and the Public Trust AEC located on/adjacent to the marina parcel. Existing Conditions/Previous Permits: Portions of the property have been previously developed. As mentioned, the marina basin exists with shoreline stabilization and a dock system. A golf course and clubhouse exist but are not currently in use. Other development includes a management office, pool and tennis courts, parking lots, and townhomes which are still in the ownership of Marsh Harbour Resorts, LLC. Previous permits authorizing development include but are not limited to: (1) CAMA Permit 11-97 (2) ACOE Action ID 199701640 and (3) SW 920522. Proposed Work: This application proposes to re -authorize work previously authorized in 2000 under CAMA Permit 11-97. Land development will include construction of a hotel with associated amenities and parking, condominiums, clubhouse, and restaurant. All work previously authorized under CAMA Permit 11-97 in 2000 is requested, with minor changes described below. Site plans from the 2000 application are included in this application as Appendices A-P. Currently proposed changes to those plans are shown on Sheets 5-8. Maintenance dredging within the existing basin and channel is also proposed. Proposed Changes to Bulkhead: 0 Approximately 5,500 linear feet of shoreline stabilization currently around the maxim basin. Approximately 2,500 linear feet would be replaced with new concrete bulkbau c All new bulkheading would be aligned waterward of the existing bulkhead an averag�-a c� 6' to 8'. Placement of the bulkhead waterward of the existing bulkhead will create a L* Coastal Shoreline Buffer that was not required at the time of 2000 application. Backf1* C z �, will be clean sand and will be an estimated 6,214 cy in volume. D g �C mT Proposed Changes within AEC: 7 Previously planned concrete walkways, sidewalks, and parking that will now be withirrn h 30' C 1 Sh 1: B ff '11 b h ed t den w ]kwa or will• t e oasts ore me u er wi e c ang o pervious woo a Y. be deleted. All wooden walkways will be elevated at least 1' above ground surface. Impervious cover within the 75' AEC will be reduced by approximately 8,080 sq.ft. See the attachment to MP-3 for proposed changes. An upland swale at the head of the basin will be filled. Area to be filled is approximately 28,000 sq.ft. in size and fill volume will be approximately 6,222 cy. Proposed Maintenance Dredging: Maintenance dredging within the existing basin is proposed to a final depth of -8' MLW. Average existing depth in the basin is estimated to be -2' MLW. Maintenance dredging in the marina's entrance channel and within the Calabash River will connect to the natural -10' MLW contour or the edge of the Calabash River channel, whichever is closest. Final depths will not exceed that of the river channel. Excavated volume is estimated to be 146,000 cy. Material will be temporarily stored and de -watered in a diked disposal area on upland at the NW corner of the basin. De -canted water will be piped back into the basin. Excavation will be done with either hydraulic dredging, barge - mounted excavator, and/or land -based excavator. DCM MP-1 APPLICATION for Major Development (last revised 12/27106) Permit North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Marsh Harbour Resorts, LLC Project Name (if applicable) Marsh Harbour Resort Applicant 1: First Name Mr. Coleman MI Last Name Ramsey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 11 Causeway Drive PO Box city Ocean isle Beach State NC ZIP 2B469 Country Brunswick Phone No. 910-579-1659 ext. FAX No. 910-579-8895 Street Address (rf different from above) city State ZIP Email 2. Agent/Contractor Information Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Rob Moul Agent/ Contractor 2: First Name MI Last Name Laura Stasavich Mailing Address PO Box City State PO BOX 2522 Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 452 - 0001 ext ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) Ciry State ZIP 3805 Wrightsville Ave Suite 15 Wilmington NC 28403 - Email rmoul@Imgroup.net Itasavich@Imgroup.net 11119�. J1 V 11.1 1 <Form continues on back> AV AUG 2 1 2007 ,i) DIVISION OF COASTAL MANAGEAAENT Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 10155 Beach Dr. Subdivision Name city State Zip Calabash NC 28467 - Phone No. Lot No.(s) (d many, attach additional page with list) ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project LvrA*K Calabash River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural []Manmade []Unknown Calabash River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed NYes []No work falls within. Town of Calabash 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Upland marina basin has approx. 5,500 ft. of bulkheading 212 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) NNHW or ❑NWL e. Vegetation on tract Property has been previously developed and contains golf fairways, landscaped areas, scrub pine, pampas grass, bermuda grass. f. Man-made features and uses now on tract Golf course and clubhouse. Upland marina basin with docks, bulkheading and riprap. Some townhomes. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? PUD (Attach zoning compliance certificate, if applicable) NYes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? — — <Form continues on next page> ju�uaiityn AUG 2 12007 DIVISIO _IAL MANAGEMENT Form DCM MP-1 (Page 3 of 4) APPLICATION for ... / Major Development Permit ill- ,. U'. if .;41:., I16 ri ILAn/✓KrAir M%fo/ m. (i) Are there wetlands on the site? �t?�}/..tl1i1� WU LIa wgta " J *X q, ®Yes ❑No UV$rwfikwr pvrtec - UJctU,.t (ii) Are there coastal wetlands on the site? d4&4`�&— SlM J prll`�)W' ®Yes ❑No (III) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal system o. Describe existing drinking water supply source. Municipal system p. Describe existing storm water management or treatrnent systems. Per state -approved stormwater management plan SW 920522 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial [Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private resort with associated marina. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard bulkhead construction, hydraulic dredging and/or bucket to barge dredging. d. List all development activities you propose. Work previously authorized by CAMA Permit 11-97 including grading, drainage, erosion control, upland development of hotel, condominiums, and townhomes. Newly proposed work to: 1. Replace bulkhead within ex. man-made basin and maintain 30' coastal shoreline buffer. 2. Fill upland swale at head of basin. 3. Maintenance dredging within basin/entrance channel. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 100-acres total, 10-acres of which will be temp. spoil disposal area ❑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. No direct discharges to waters of the state proposed. I. Will wastewater or stormwater be discharged into a wetland? ❑ s !,�(��1'�r, If yes, will this discharged water be of the same salinity as the receiving water? El ❑No NAB 1L� j. Is there any mitigation proposed? ONp �N[7 If yes, attach a mitigation proposal. N DIVISION OF v COASTAL MANAGEME-PIT Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Edens Family LTD Partnership Phone No. Address 2500 Hwy 179, Little River, SC 29566 Name Calabash Investments, LLC Phone No. Address 2511 S. Canterbury Rd., Wilmington, NC 28403 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates. CAMA Permit 11.97, USACE Action ID 199701640, NC SW Permit SW 920522 h. Signed consultant or agent authorization forth, if applicable. I. Welland delineation, if necessary. I. 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 thebestof my knowledge. Date 4'eWf 0';w Print Name (J U Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges Culverts V 11LFdd' ®DCM MP-3 Upland Development I ❑DCM MP-4 Structures Information 2 12007 COASTIVISION AL MAnIeOF.._ 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization) Length 950 14 N/A AL 1,000 N/A N/A WA N/A Width 100 600 N/A N/A Avg. Existing 2 to -5 2 NA NA Depth Final Project 10 -8 41 NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 146, 200 cy maintenance dredging within existing marina/channel. C. (i) Does the area to be excavated include coastal wedands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. on -site, NW of basin c. (i) Do you claim title to disposal area? ®Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal weliands/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 SNone Ill) Describe the purpose of disposal in these areas: N/A ❑This section not applicable b. Type of material to be excavated. Submerged bottom, silt and silty sand. d. High -ground excavation in cubic yards. none [I This section not applicable b. Dimensions of disposal area. 9.7 acres d. (i) Will a disposal area be available for future maintenance? ❑Yes SNo ❑NA (ii) If yes, where? future maintenance dredging will be bucket to barge and taken off -site f. (1) Does the disposal include any area in the water? ❑Yes SNo ❑NA (ii) If yes, how much water am, is ected?? edtam AUG 2 1 2007 COASTAL (jMANAGEMENT 3. SHORELINE STABILIZATION El This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 2,500 ft off replacement bulkhead all within existing ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ c. Average distance waterward of NHW or NWL: 6-8' e. Type of stabilization material: concrete bulkhead and grout mattress g. Number of square feet of fill to be placed below water level. Bulkhead backfill 6,214 cv Riprap _ Breakwater/Sill Other i. Source of fill material. per Contractor Delivery upiana Dasin Width: N/A d. Maximum distance waterward of NHW or NWL: 25' f. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ®NA (ii) If yes, state amount of erosion and source of erosion amount information. N/A h. Type of fill material. Clean fill sand 4. OTHER FILL ACTIVITIES [I This section not applicable (Excluding Shoreline Stabilization) a. (il Will fill material be brouaht to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area 200' x 140' (28.000 sq. ft. 6,222 cv) (iv) Purpose of fill To fill upland swale at head of basin. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Dredged material will be placed in diked disposal area. A NC S&E plan will be obtained if required. submerged aquatic vegetation (SAV), shell bottom (56), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SS _ ❑WL ®None (ii) Describe the purpose of the fill in these areas: N/A What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? hydraulic dredge and/or land & barge mounted excavator c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands ossssssggggtt��aaaa((((QQjjjj irrrrrryyyyyy��� R�nanoQorti,,,...n��o uipment to project ❑Yes ®No ❑NA site? ❑YesV Yj (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain t �j e o of i im Bulkheading will provide permanent erosion control for proposed environmental acts. fill area. N/A AUG 2 IML .1 ,{�, I '/ / , ,/AI_A. EME1NT Date S< I d1A �k-Si JA42 �r IJ�Yy( 441a,: jH y{/1 Applicant me^^^��� .•:it Project Name A i t §ignature •� Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed MULTI —LEVEL (LESS THAN 7 STORIES) HOTEL, 4 MIDRISE CONDOS 25 CONDOS,i, 1 RESTAURANT. PHASE II, FUTURE PLANS INCLUDE b. Number of lots or parcels (SEE BACK) N/A c. Density (give the number of residential units and the units per acre) 1.45 UNITS/ACRE Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted SW8 920522-1986 OWNERSHIP NAME CHANGED JUNE 10, 1997. Describe proposed method of sewage disposal. BRUNSWICK COUNTY — SBWASA ( South Brunswick Water & Sewer Auth.) j. Have thefacilities described in received state or local approval? (Attach-PP-Pliwe dommcntatim) FLOW k. d. Size of area to be graded, filled or disturbed including roads, ditches, etc. APPROXIMATELY 66 ACRES (PHASE I), 34 ACRES (PHASE II). TOTAL — 100 AC. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes X No UPON CAMA If yes, date submitted APPRUV7= ONE WILL BE SUBMITTED AT LEAST 30 DAYSPRI R f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. ASPHALT, CONCRETE, TILE, PAVER, MARL g. Give the percentage of the tact within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 27.57 HOWEVER, (SEE BACK) Revised 03/95 Item i. above YES ACCEPTANCE LETTER Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). �.URFA .. RTiNOFF f1N('F T:F1Tcr Try APPRf1tiL'; BMP MEASURES 1. Describe proposed drinking water supply source (e.g. well, communi"ulap'i ax tem, etc.) m. Will water be impoBAINS. d? Yes If yes, how many T I INFILTRATION n. If the project is Fa fivisy I ttlen� wht�/ was the lot(s) plattedr �rde A� &PN7 of SoGI,{Zlt���F/L. Q� Csu 4L Marsh Harbour Impervious area within the 75' CAMA buffer. AREA .83Rest. & Roads 1.16Boardwalk MFTAcesesCondos 1.33Hotel .34Mid-Rise .17Total .83 Total area within the 75' buffer 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. ,PNpa S,i C,4v,�s 20 '11 Zd0% Az- 42 rydUcAvi a o 47 adtttAVj way. kw"j 2 rC"UN GnQ�= zr loa2 f'cd' ttj �r Rfrnl lJ i! 6V-A- — g, 080 2 �1i1�1 Lf% �ASTiLfM O AGGEMENT M 1+'oerS:T1 Bnaswick Cutmty--Register of Deeds Robert J. Robinson Inst 11663 Book 12741rage 138 O1/14/1999 01:33pm Recl 1723 ED Rmordinr Tlmq Book Tax Lot No ..... ..... ....... ... ... ._ .... ... Parcel Identifier No. Verified by .... ... ..._......................... .... ... County on the day of .... 19 ....... by. ....... .... ...... .... ._. ... ... _. ... .. _ .. ._... _. .. .... _. ....__. _.. .... .... .._..._ Mail after meording to ... alarsh Harr,_Rasorts, LLq, 11 C+useuay. Drive,, Oc=an Isle Beach, . Carolina 28469 This instrument was prepared by t: RK4?_ 6, Vx11 Allen, PLLC (ME) Brief description for the Index M7.1, Barbour NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .— ... ...... day of . TR.ttl.�ber GRANTOR Well Williamson and ,fife, Virginia A. Wtlliamis \\ C�� !^ u�6. RCI rt _ Fib._— �>�y1t a9 T(ITAL jml' _G3 1,'7 p RF,C9 —_-(E. CASII1� ff tea' 1098 ,by and between GRANTEE Marsh Harbour Resorts, LTC. a North Carolina limited liability company 11 CsllSewdy Drive &cean isIs Beach, NC 28469 Enter m eppruad.te block ter oeh party: rme, add...ad, s .ppreNtae, ctwramv .t cell,], a serpen nos or pannr,ml, The designation Grantor and Grantee es used herein shall Include said parties, their heirs, aviceeason, end a..igns, end shall include singular, plural, masculine, feminlne or neuter us mquiced by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these present. does grunt, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, County, North Carolina and more pnrticulnrly described a follow.: See attached Exhibit A. / / • / As 1 MAN l I tG 1 IrKk(�j 1 � 1p0� PUS' N GO M Inst 1 1063 Book 1214E"B: 139 The Property hereinabove described was acquired by Grantor by instrument recorded is ................ ....... ._. ..._-.._. .... .. .. _.._......_................ ....... ........ ... ..... .... .... ...... ..... ._........ .... .... _...... .....-... _ .............. ...._...... ..._.. A map showing the above described property le recorded In Plot Book ... page .... .......... . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the Premises in fee simple, has the right to convey the same in fee Simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful clef= of all pereons whomsoever except far the ereepLinne hereinafter stated. Title to the Property hereinabme described is subject to the following exceptions: Subject to ease ts, 1-estrictions and matters of record. rN W .... wxeReorYu . e.o ter n.. e.'.vn.. . t nl. n.ne... n Ley u .m .run. As ea... e ., mnmm A..1...A In lu I.......I w .—Id m........ m. v n .... nn. , m m .'"t wr . A> u. au> . r4ea m.m n t...J r: A. tern. p..rnaea `. .awe vtltlu. _ .. ._ n 0_ ___ .. {ropomp N.mm Od 11 Williamson, ........................__ reed {2 A vi ittia A. Williamson ATTE[T: �� r���� IUI i........................................................___.1[uLl �:.. 31UJ�_i hJy�/y-a%tr�o-v�c>?6s. ...... V//V a i --- •��fp1.•�._�. 3eempry la..p.n.n C�iip m................_••----------•-------_I[aAra @GWFAdp. NOASII CAItOYNA. __.. • •, :[ryh R 4. Nnlarr rustle pl the County ad Slade,amre"M really Ibe, _1/LL4.�l_._!1!_ ILgJl7jpq•.__._._. ?:•-:`Y '".^;ycr g ---- i _ alfi.._C(_._�!�.i 4rn2R!1..__.._.___._____..._.. j prr.nnalr .vpnnna Anmre me this M] aed aetwWea[ea the ernrellm b the brewlnr le.xomen4 N'llneu mY •-': 'h; ; 5 tom ana nnmla apmp A..eA4lAla .3 1_._ d.> al _.__�fS'.('!!' bu a y.. . jj ................� ntr .omml..ue un....._.3' ............... ..4.`<.Yrit•!�. ��._.•"'a^:=: �....__._ xvun evnne a]AL[T.O r NORTII CAROLINA. 4 A Not.q ruaAe el be County And step .ImeulO. annllY lest • — + a ....Ogt, came hrlere on. 11 dal ana erYeoRNase[ Wes .... Ar 4 ... _ [ender, at __.___.___.................. a Nonn e...... I.m... den, me In., Ar eumn.0 nv [tree ton d .A......r.uen. As. I.rns.M[ l.n.em.e. x.. Jsn.a m u. e.n. er w _.___ .nA .. --- _._.._____ a ______ ________ ___ _ .. P.............. wIN Iw eotponte ...1 ana atp.tea nY a n• p mY tune and flow .pmp Or r-" thls my A - - /?sI1 �9Ir wtY ruaAe Nr aemml.a.n erplre.:._............. ....1:.. .... .J.r._,Vj-_I ,. 11 12Y11 STATE OF NORTH CAROLINA AEG Z IM7 COUNTY OF BRUNSWICK The lorBoi.g for ..ad) CarcSfieeeH.l At COMM. a "'Sa -A C N Ibtary11n1 Pdblie Ss tarel ecified to ba Corseee. —nP—' 2Afa IO.trument was filed far R.91.rraalp. o. this 1[ch a.y Of iaau. _R •_��r� in the Book And Pepe .how Ae Pi .n [rat P.g. Aare.f. �aa^�� ROAe t y. Rahl..n . Mgl a[ tag M Inst 4 1063 Book 1274Pdge: 140 Exhibit A BEING all of 4 tracts of land in Shallotte Township, Brunswick County, North Carolina totaling approximately 225.96 acres (including Boundary Estate lots) and more particularly described as follows: TRACT ONE: (Boundary Estate Property) BEING all of Lots 1, 2, 3, 4, 5, 6.7. 8, 9, 10, 11, 12, 73, 14, 15, 16, 17; 42, 43, 63, 64, 65, 66. 67, 71, 72, 73, 74, 75, 76, 80, 81, 92, 83, 84, 85, 96, 93, 94. 95, 101; 102, 103, 104. 105. 122. 123, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138. 139 and 140. Boundary Estates Subdivision, as shown on a plat recorded in Map Book 1, Page 274, Brunswick County Registry, said lots having the metes, bounds and location as shown on said plat and more particularly described as Tract One on a survey by Jan K. Dale, RLS entitled "Composite Survey of Marsh Harbour Lands for LaDane Williamson" dated 29u' day of December, 19,98 and recorded in Map Cabinet Page Vb 6 Brun ounty Registry. Included in this tract all rights -of -way located within said Subdiv (� ingress and egress held by the owners of other lots in Boun v n and all rights held by Odell Williamson and wife, Virginia A. Willia v ofision. This property is part of the property conveyed fmm Properties, 011" Williamson and wife, Virginia Williamson by Deed recorded in Book 390, Page 895. TRACT TWO: (Marsh Harbor Golf Course Tract - 168.42 acres) BEING all of that 168.42 acre tract of land lying south of Boundary Drive, Boundary Estates Subdivisions as sbown on plat recorded in Map Cabinet J, Page 274; east of the NC -SC State Line; north of the Calabash River Marsh; and west of the Marsh Harbor Marina Tract (Tract Three described below) and more particularly described as Tract Two on a survey by Jan K. Dale, RLS entitled "Composite Survey of Marsh Harbour Lands for LoDane Williamson", dated the 29th day of December, 1998 and recorded in Map Cabinet 20 , Page 4" , Brunswick County Registry, said property being a portion of the property that was conveyed to Odell Williamson and wife, Virginia A. Williamson from CLA Properties, Inc., by Warranty Deed recorded in Book 390, Page 895, Brunswick County Registry. . There is excepted f om the above described parcel all of that 23,167.9 feet parcel conveyed to Larry Young and wire, Judith Young contained in a deed recorded in Book 495, Page 159. r Title is subject to access easement granted to Larry Young and wife, Ju ng\\tt``nok , Page 512 and to golf course lease recorded in Book 399, Pa a 62�((i 4a endj►Book 419, Page 148 and Book 452, Page 560. Zit QUU � \v\0�A O ,MEN DURiwnmrparuzmn_ t j inst ! 1063 Book 1274Pa9e: 141 TRACT THREE: (Mush Harbour Marina Tract —43.78 acres) BEING all of that 43.79 acre tract of land identified as Tract Three on a survey by Jan K. Dale, RIS entitled "Composite Survey.of Marsh Harbour lands for LaDane Williamson", dated the 29th day of December, 1998 a copy of which is recorded in Map Cabinet 2 -� Page VA3 , Brunswick County Registry, together with an easement appurtenant over that 20 foot wide right of way granted to Odell Williamson by Deed recorded in Book 403, Page 903, Brunswick County Registry. The above tract includes all property that was conveyed by Trustees Deed from Michael T. Cox, Trustee to Odell Williamson and wife, Virginia Williamson recorded in Book 908, Page 960, Brunswick County Registry. See also Judgment docketed in Civil File 78 CVS 411 declaring the 20 foot wide easement to be an easement appurtenant to the tract conveyed in the Deed recorded in Book 403, Page 903. This conveyance i%Fludes all docks, tanks and any other marine related facilities located on this tract�� n There is EXCEPTED from the above descri ropeny that was released in Deeds of Release recorded in Book 792, P 15, mnswick County Registry and the property described in Warranty Deed from son and wife, Virginia Williamson to Golf Coast Realty, Inc., recorded in Book 996, Page 3, Brunswick County Registry. The conveyance of this tract is also subject to access easements recorded in Book 996, Page 413 and Book 767, Page 428, Brunswick County Registry which are shown on the Dale survey. TRACT FOUR: (1.56-acre tram formerly known as the "Sieere Tract") BEING all of that 1.56 acre tract identified as Tract Four on survey by Jan K. Dale, RLS entitled "Composite Survey of Marsh Harbour Lands for LaDane Williamson", dated the 291h day of December, 1998 recorded in Map Cabinet?0 Page yba , Brunswick County Registry. This property being the same property conveyed to Odell Williamson and wife, Virginia Williamson by Deed recorded in Book 859, Page 310, Brunswick County Registry. The property described above is all property owned by the Grantor within the Marsh Harbour development. Odell and Virginia Williamson sre also transferring all rights held by them as developers of the above -referenced property. AUG 2120 DIVISION OF ouRiwettxoarmorn_r 2 t COASTAL MANAGEMENT >3rUrMIek V2�(ggx Robert J. Zest 8303074 Book 2L�4 11/23/2005 ll:52:34am Recur a� THE ATTORNEY PREPARING THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR TTHE EXAMINATION AS TO THE PROPERTY HEREN DESCRIBED UNLESS THE SAME E SHOWN BY HIS WRHTTEN AND SIGNED CERTIFICATE Prepared by: Kenneth A. Shanklin .. _. and SHANKLIN & NICHOLS, LLP ... ".... Realm to: 214 Market Strcet PGL SPL TS Git 1,;1% P. O. Box 1347 " V Wihnington,NC 28402-1347 Telephone: (910) 762.9400 BLK ON SUF INT Telefax: (910) 251-1773 M tpp9UF Revenue Stamps: S -0- Brief Description for Index: 0168.42 Acres +/- Tract - Marsh Harbour Golf Links Tax Parcel I.D. # 2540000101 STATE OF NORTH CAROLINA QUITCLAIM DEED COUNTY OF BRUNSWICK � nn THIS QUITCLAIM DEED mad 9tber 2005, by and between LARRY YOUNG and wife, .IUDY YOUNG, LTD., (a/k/a Marsh Harbour Limited by and through LARRY YOUNG, as t [ricer and Shareholder of MARSH HARBOUR, LTD. (a/k/a Marsh Harbour Limited), 'Yety dissolved North Carolina Corporation, parties of the first part, hereinafter referred to as the "GRANT " and MARSH HARBOR RESORTS, LLC, a North Carolina limited liability company, whose mailing address is 11 Causeway Drive, Ocean Isle Beach, NC, 28469, party of the second part, hereinafter referred to as the "GRANTEE." [The designations Granrar and Gmnsee as used herein shall include said parties, their hens, successes and assigns, and shall include singular, plural, masculine, feminine or neuter as required by comeo-1 WITNESSETH: THAT the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowlodged, have remised and released and by these presents do remiso, release and forever quitclaim unto the Grantee, its successors and assigns, all right, title, claim, and interest of the ¶� or parcel of land lying and being in Brunswick County, North Carolina, and being m E follows: SEE EXHIBIT "A" ATTACHED HERETO AND AUG 2 12007 INCORPORATED HEREIN BY REFERENCE I� I �/ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and alleges,-�$Gm�AGEMENT appurtenances thereto belonging to the Grantee and its successors and assigns, free (}�(( 4kt((ttle interest of the said Grantors or anyone claiming by, through, or under them. IN WITNESS WHEREOF, Larry Young and wife, Judy Young have hereunto set their hands and seals the day and year first above written and Larry Young as the sole surviving director, officer and shareholder of Marsh Harbour, LTD (a/k/a Marsh Harbour Limited) has hereunto set his hand and seal the day and year first 0 above written for and on beUZf the other applicable law. Inst # 303074 Book 2285Page: 1085 MOM= entity pursuant to N.C.G.S. §55-14-05 and COUNTYOFHORRY r.W&—allotary Public of the County and State aforesaid, do hereby ... gmuk, that LARRY YOUNG and wife, JUPY YOUNG, Grantors, personally appeared before me this day and the due execmion of the foregoing insmunent k R Y Wiliness my hand and notarial stamp day of November, 2005. t9 ra S 09-06-jb1pjary Public My COMMISSION EXPIRE ii{�I'b8inission Expires: MARSH HARBOUR, LTD. STATE OF SOUTH CAROLINA n n l�, a Notary Public of the County and Stato aforesaid, do y MARSH executionHARBOUR, LTD, ih� or, personally appeared before me tlils day and acknowledged the due of the foregoing instrument for and on behalf of the dissolved catty known as MARSH HARBOUR, LTD., (a/k/a_;yfusb Harbors Limited) for the purposes expressed herein. . y,.. • • • • • •�o.31a� my hand and notarial stamp or seal, this the day of November, 2005. 0 TA R L d d Notary Public My Commission , My COMMISSION EXPIRES 09-06-2012 1)1,4 ISION OF cop's-TAU p �� 22�85Paqe: 1086 9 UMVb1F esan. E7aMIT KA" Q9G�J�,�j.�p�, TO QUITCLAIM DEED 168.42 acres, Marsb Harbour Golf Links Tract BEING all of that 168.42 acre tract of land lying south of Boundary Drive, Boundary Estates Subdivisions as shown on plat recorded in Map Cabinet J, Page 274; east of the NC -SC State Line; north of the Calabash River Marsh; and west of the Marsh Harbor Marina Tract and more particularly desenW as Tract Two on a survey bye Jan IC Dale, RIS entitled "Composite Survey of Marsh Harbour Lands for LaDane Williamson" dated the 29 day of December, 1998 and recorded in Map Cabinet 20, Page 463, Brunswick County Registry, said property being a portion of the property that was conveyed to Odell Williamson and wife, Virginia A. Williamson from CLA Properties, Inc., by Warranty Deed recorded in Book 390, Page 895, Brunswick County Registry. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] m 11 C E 17 E �+ r 2 1 2007 pIVISIUN OF COASTAL MANAGEMENT -3- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary .August 23-2007 Land Management Group, Inc. C/o Laura Stasavich PO Box 2522 Wilmington, NC 28402 Dear Ms. Stasavich: The Division of Coastal Management hereby acknowledges receipt of your application, representing Marsh Harbor Resorts, LLC, for authorization to construct Marsh Harbor Resort, including but not limited to hotel construction with associated amenities and parking, condominiums, clubhouse, restaurant and bulkhead. Additionally, the applicant proposes to perform maintenance dredging within the marina basin, canal and entrance channel, at 10155 Beach Drive, in Calabash, Brunswick County. The permit application package was received as complete on August 22, 2007, and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Your projected date for making a decision will be around September 22, 2007. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as a joint review under the CAMA Major Permit / Corps of Engineers 291 General Permit process. Under most circumstances, the Federal review of these applications would not be completed until after September 22, 2007. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made, the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur, your project would most likely be processed as an individual permit by the US Army Corps of Engineers. Should you wish to place your project on hold before September 22, 2007, pending the receipt of the Federal decision, the Division of Coastal Management will render a decision once the Federal comments are received. jSffily, ail xpress Permit Coordinator cc: WiRO file, DCM MHC, DCM Dave Timpy, COE Ken Pace, NCDOT Debra Wilson, Acting LPO - Calabash Marsh Harbor Resorts, LLC, C/o Coleman Ramsey, I 1 Causeway Drive, Ocean Isle, NC 28469 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-72151Fax: 910-395-39641 Internet: http:liwww.nccoastaimanaagement.net An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled M % Post Consumer Paper AMA PERMIT APPLIES FOR PROJECT: .•. - www .•. • COMMENTS ACCEPTED THROUGH APPLICANT: L. Stasavich / Land Mgmt Group (tor marsn ttartior Kesorts, LLG) 130 OX 2522 I ming on, NC 28402 September 15, 2007 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �Z NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Jason Dail Land Management Group, Inc. Environmental Consultants Post Office Box 2522 Wilmington, NC 28402 Tel: 910-452-0001 Fax: 910-452-0060 Rob L. Moul Larry F. Baldwin W. Stephen Morrison G. Craig Turner 20 August 2007 Mr. Jason Dail NC Division of Coastal Management 127 North Cardinal Drive Wilmington, NC 28405 RE: CAMA Major express permit application Marsh Harbour Resorts, Calabash, NC Dear Jason: Suite 14 Downy Branch Office Park 3805 Wrightsville Avenue Wilmington, NC 28403 Please find enclosed a CAMA Major permit application for express review. The application proposes to re -authorize work previously permitted under CAMA Permit 1I- 97. Minor changes to the bulkhead alignment within the existing upland marina basin are proposed. Maintenance dredging within the basin is also requested. If you have any questions during review of the application materials, please call me at your convenience. Sincerely, Laura Stasavich Environmental Scientist cc: Mr. Coleman Ramsey, Marsh Harbour Resorts LLC Encl: Application forms, figures, and supplemental materials RECEIVED DCM WILMINGTON, NC AUG 2 1 2007 Aug 20 07 03:21p Ladane 946-8703 Fug 20 07 02:15p LaDane Corporation 910-579-1654 p.1 MARSH HARBOUR RESORTS, LLC TRANSMITTAL SHEET TO: Jason Dail, FAX: 910-395-3964 FROM: LaDANE WILLIAMSON 910-279-6603 RECEIVED DCM WILMINGTON, NC AUG 2.0 2007 5 Rug 20 07 03:21p Ladane Rug 20 07 02:15p LaDane Corporation 946-6703 910-579-1654 p,2 p.2 MARSH HARBOUR RESORTS; LLC 11 CAUSEWAY DRIVE OCEAN ISLE BEACH, NORTH CAROLINA 29469 August 20, 2007 Mr. Jim Gregson, Director Coastal Area Management Agency 400 Commerce Avenue Morehead City, North Carolina 28557 By Facsimile: Jason Dail 910-395-3964 RE: Coleman Ramsey as agent for Marsh Harbour Resorts, LLC Dear Mr. Gregson: As you are aware I have applied to the Coastal Area Management Agency (CAMA) for a major permit for the development of Marsh Harbour Resorts, LLC. I am authorizing Coleman Ramsey to act as my agent in all matters pertaining to the obtaining of the CAMA major permit for the Marsh Harbour Resorts, LLC project. If I may be of any further assistance to you in this matter please telephone me at 910-579-1679 or you may telephone Coleman Ramsey at 910-279- 6603. Your assistance in this matter is greatly appreciated. S' ly, e Williamson Bing Director RECEIVED DCM aLMINGTON, NC AUG 2 0 Z007 J AUG, 20, 2C07 3:5:PM MAUPIV TAYLOR PA 919 931 4300 V0. 1577_P. 1 WILLIAMS MLILLFN MAUPIN TAYLOR Fax Cover Sheet DATE: August 20, 2007 TO: Jason Dail FAX #: 910.350.2004 FROM: Amos Dawson, III DIRECT DIAL #: 919.981.4010 NUMBER OF PAGES 4 (including coversheet): MESSAGE: RECEIVED DCM WILMINGTON, NC .AUG 2 0 2007 IMPORTANT NOTICE: This facsimile transmission is intended to be delivered only to the named addressee, and may contain material that is confidential, proprietary or subject to legal protection or privilege. If it is received by anyone other than the named addressee, the recipient should immediately notify the sender at the address and telephone numbers set forth herein and obtain instructions as to the disposal of the transmitted material. In no event should such material be read or retained by anyone other than the named addressee, except by express authority of the sender or the named addressee. Telephone 14, A P"fenianal Corporation _ NORTH CAROLINA a VIRGINIA • NASHINGTo N. D.C- • LONDON 3200 Bewldraf Cover, Suke 500 (27604) P.O. Box) 9764 Ralcigh, NC 27619-9764 Td: 919.981.4000 Fax: 919.981.4300 a vww.wilJi.msmullcn.com Arty. # or User TA: M /� 7 Clicnt,T4atter #: �O % �/ g• ow �!O Recipient's % �. %�� s Requested By: Extension: Floor( Fax Operator: AUG.20.2W 3:5;PM MAUP[V TAYLOR PA 919 931 4300 NO. 1577 P. 2 WILLIAMEi MULLEN MAUPIN TAYLLIR Di= DW: 919.981.4010 udawson@wi8iv unenx m August 20, 3007 Kim Hansen Chief Hearing Clerk Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Re! Marsh Harbour Resorts, LLC v. N.C. Department of Environment and Natural Resources, Division of Coastal Management 07 EHR 0773 Brunswick County Our File No. 407918.0003 Dear Ms. Hauser: Enclosed for filing please find an original and 2 copies of a Voluntary Withdrawal of petition for Contested Case Hearing Without Prejudice. Please file the original, retain one copy for your file and date stamp the second copy to return to our messenger. With best wishes, I am Enclosures cc: w/encls.: Meredith Jo Alcoke, Esq. Jason Dail (via facsimile) Coleman Ramsey C. A. Orlikowski, Esq. REC EI\/ Eo DCM \NILMINGTON, NO WS%4ZW 555111vI A PrefessioNA! Coryoradae NORTH CAROLINA • VIRGINIA a WASHINGTo N, D.C. • LONVON 32o0 Bca6ledCour; Suiu 500 (27604) P.O. Boa 19764 Raleigh NC 27619-9764 Td: 919.981.4000 Pa>c 919.981.430D www.wumsmanm.com AU0.20.2C07 3:53PM MAUPIN TAYLOR PA 919 931 4300 NO. 1577 P. 3 STATE OF NORTH CAROLINA IN THE OFFICE OF ADUmgsTRATIVE HEARINGS COUNTY OF BRUNSWICK 07 EHR 0773 MARSH HARBOUR RESORTS, LLC, ) Petitioner, ) V. ) NC DENR, Division of Coastal ) Management, Respondent, ) VOLUNTARY WITHDRAWAL OF PETrrION FOR CONTESTED CASE REARING wiTHOUT PREJUDICE NOW COMES Marsh Harbour Resorts, LLC through the undersigned Counsel and pursuant to agreement with the Respondent, hereby withdraws and dismisses its Petition for Contested Case Hearing in this action without greiudice pursuant to Rule 41(a)(1), N.C. Rules of Civil Procedure, Respectfully submitted, this the 20th day of August, 2007. WILLIAMS'_MftEN MAUPIN TAYLOR Attomeys for Ped oners Amos C. Dawson, III State Bar No. 6584 Carrie Anne Orlikowski State Bar No, 31707 Post Office Drawer 19764 Raleigh, North Carolina 27619-9764 RECENED Telephone: (919) 981-4000 DCM WILMINGTON, NO Facsimile: (919) 991-4300 AUG 2 0 Z007 AUG.20.2C07 3:54PM MAUPIN TAYLOR PA 919 931 4300 Q. 15'1 P. c CERTIFY LjL9EAKRVJCF I do hereby certify that the foregoing document was served upon all parties of record by facsimile and by mailing a copy thereof to their counsel of record at the addresses indicated below with the proper postage attached and deposited in an official depository under the exclusive care and custody of the United States Postal Service in Raleigh, NC on the 20s' day of August, 2007. SERVED: Meredith Jo Alcoke, Esq. Assistant Attorney General 400 Commerce Avenue Morehead City, NC 28557 nil WILLIAMS MULLEN M.AT.7PIN TAYLOR By: Attorn for P ers Amos C. Dawson, III State Bar No. 6584 Carrie Anne Orlikowski State Bar No. 31707 Post Office Drawer 19764 Raleigh, North Carolina 27619-9764 Telephone: (919) 981-4000 Facsimile: (919) 981-4300 RECEIVED DCM WILMINGTON, NC AUG 2 0 Z007 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary Authorized Agent Consent Agreement 0}T UY-Wp 10(- - is hereby authorized to act on my behalf (Printed Name of Agent) in order to obtain any CAMA permit(s) required for the property listed below. The authorization is limited to the specific activities described in the attached sketch. LOCATION OF PROJECT: PROPERTY OWNER MAILING ADDRESS: 11 C r4u1 etv 6 y A tel Uit- OCtgN ZSL2 $E r Allf 5 PHONE NO AUTHORIZED AGENT MAILING ADDRESS: Signature of Property Owner: Signature of Authorized Agen? Date: IyvST a CS11 0 -0I D`V \504 GEMENS GC NSqSPL M PHONE NO. I/Q— 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110Nh Post Consumer PaPer Land Management Group, Inc. Environmental Consultants Post Office Box 2522 Wilmington, NC 28402 Tel: 910452-0001 Fax: 910452-0060 Rob L. Moul Larry F. Baldwin W. Stephen Morrison G. Craig Turner 15 August 2007 Edens Family LTD Partnership 2500 Highway 179 Little River, SC 29566 RE: CAMA Major express permit application Marsh Harbour Resorts, Calabash, NC Dear Sir/Madam: Suite 14 Downy Branch Office Park 3805 Wrightsville Avenue Wilmington, NC 28403 As required by the NC Division of Coastal Management, you are being notified of a NC CAMA permit application to authorize work at Marsh Harbour Resort (Calabash, NC). As an adjacent riparian land owner, you have the right to comment on the proposed work. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. If you have no objection to the proposed work, the enclosed form can be completed and returned to the NC Division of Coastal Management (contact information provided on enclosed form). No response within thirty days of receipt of this letter also indicates no objection. Any objections to the proposed work should also be directed to the NC Division of Coastal Management (contact information provided on enclosed form). If you have any questions concerning this information, please contact me at your convenience and I will be happy to discuss it with you. Sincerely, Laura Stas vich Environmental Scientist 61 � 2pO1 QV O\v \S, AN G�MENS G�PgSPL M cc: Mr. Jason Dail, NC DCM Mr. Coleman Ramsey, Marsh Harbour Resorts LLC Encl: Site plans NC DCM Notification Forni MEMI AUG 2 1 2007 DIVISION OF COASTAL MANAGEMENT CERTIFIED MAIL RETURN RECEIPT REQUESTED Date: 8/15/07 Dear: Mr. Sir/Madam As an adjacent riparian landowner to Marsh Harbour Resort (Calabash, NC), this letter serves to notify you of plans to authorize work on the property. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. Should you have no objections to this proposal, please check the appropriate statement below, sign and date the blanks below the statement and return this letter to:Jason Dail, 127 Cardinal Drive Ext. Wilmington NC 28405-3845 as soon as possible. Should you have objections to this proposal, please send your written comments to: Jason Dail 127 Cardinal Drive Ext. Wilmington NC 28405-3845. Comments must be received within 30 days. Sincerely, Laura Stasavich Environmental Scientist Land Management Group, Inc. I have no objections to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. Signature Date AUG 2 1 2c37 DIVISION OF COASTAL MANAGEMENT Land Management Group, Inc. Environmental Consultants Post Office Box 2522 Wilmington, NC 28402 Tel: 910-452-0001 Fax: 910452-0060 Rob L. Moul Larry F. Baldwin W. Stephen Morrison G. Craig Turner 15 August 2007 Calabash Investments, LLC 2511 S. Canterbury Road Wilmington, NC 28403 RE: CAMA Major express permit application Marsh Harbour Resorts, Calabash, NC Dear Sir/Madam: Suite 14 Downy Branch Office Park 3805 Wrightsville Avenue Wilmington, NC 28403 As required by the NC Division of Coastal Management, you are being notified of a NC CAMA permit application to authorize work at Marsh Harbour Resort (Calabash, NC). As an adjacent riparian land owner, you have the right to comment on the proposed work. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. If you have no objection to the proposed work, the enclosed form can be completed and returned to the NC Division of Coastal Management (contact information provided on enclosed form). No response within thirty days of receipt of this letter also indicates no objection. Any objections to the proposed work should also be directed to the NC Division of Coastal Management (contact information provided on enclosed form). If you have any questions concerning this information, please contact me at your convenience and I will be happy to discuss it with you. Sincerely, X Laura Stasavich Environmental Scientist AUG 2 1 2G" DU DIVISION uF COAO,TP.L MANAGEMENT cc: Mr. Jason Dail, NC DCM Mr. Coleman Ramsey, Marsh Harbour Resorts LLC Encl: Site plans NC DCM Notification Form -&D'SPT S AUG 2 1 2G337 DIVISION OF411ENT COASTP.! ^MP�PO- CERTIFIED MAIL. RETURN RECEIPT REQUESTED Date: 8/15/07 Dear: Mr. Sir/Madam As an adjacent riparian landowner to Marsh Harbour Resort (Calabash, NC), this letter serves to notify you of plans to authorize work on the property. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. Should you have no objections to this proposal, please check the appropriate statement below, sign and date the blanks below the statement and return this letter to:Jason Dail, 127 Cardinal Drive Ext. Wilmington NC 28405-3845 as soon as possible. Should you have objections to this proposal, please send your written comments to: Jason Dail 127 Cardinal Drive Ext. Wilmington NC 28405-3845. Comments must be received within 30 days. Sincerely, Laura Stasavich Environmental Scientist Land Management Group, Inc. I have no objections to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. Signature Date AUGIr 2 t ?M7 DIVISION OF COAST?,'_ MANAGEMENT ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the rev so that we can retry the So f ■ Attach this card to qe be, - e, or on the front if s e pe 1. Article Addressed to: rQ NN Calabash Invest{s,1,.LC� 2511 S Canterbty o i Wilmington, NC�;&O m„ _ —JO A. ❑ Agent B. Ned b Name) Dple o Delivery � .S� D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted DaINW Pd a Fee) ❑ Yes 2. Article Number '-'1 (rransfer from service labeQ _ 7005 1820 0002 9135 8665 Ps Form 3811, February 2004 Domestic Return Receipt 1o25ss02-M-1540 at Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the,G�ard to you. tail ■ Attach this card to a bahJcof ailp�, or on the front if sa e p e� 1. Article Addressed to: D 0 C Edens Family L Pagers) @��! 2500 Highway Little River, S 6E� a" )O 2. Article Number -4 (Transfer from service label) PS Form 3811, February 2004 A Signaturr b Agent A. I gent e B. Received byn eme) ate of Delivery D. Is delivivery` address different from item 17 ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 0 0002 9135 8672 Domestic Return Recelpt to25e542at1540 Bey r Gj , ' 1 e` F ' MOH %D hedeli Hickman W� Crossroads ` 17 K* &Ivc; p7 Wiled 179 J /I U e r ding (rr!� i 1 Island Wbties -- x \ AUG 2 12007 DIVISION OF SCALE 1" = 1 Mile Map Source: North Carolina Atlas & Gazetteer. PgW ASTAL MANA LMG CAMA Major Permit Application Vicinity Map LANDMANAGEML•NT GROUP �.cc Marsh Harbour Resorts, LLC Environmenml Cons4ultants Brunswick County, NC 8/2007 Sheet � of We i.� � s b♦ r �: uer r .� F '�i`t '.i, •` `l `'STD!, r� `"\ 3 ; - C. `. A• n ) Colk�; ck c i ECK 6-WIC .°.; _ R RIVER 9 C'RJqr *Boundaries are approximate and are AUG 1 1 1001 2000 1000 0 2000 not meant to be absolute. COASr7D-I V'S/ON F SCALE 1" = 2000' Map Source: Calabash/Little River Quadrangle 7.5 1 l044 Y t 90. LMG CAMA Major Permit Application USGS Topographic Map LAND MANAGEMENT GROUP 'A Marsh Harbour Resorts, LLC Envlm.memnl Consulsams Brunswick County, NC 8/2007 Sheetrof�� ve I, i O M n3 M y = O 0 0 PLACE FILTER FABRIC ON � TOP OF STONE BACKFILL AT AN `N i 6' BELOW FINISHED GRADE. PLACE TOPSOIL ON TOP OF FABRIC 0 4' CAP UNIT m > fiFv�.6T C13 r'n > 2�3 y m, A m ELEV 3.38 MHHW KEYSTONE STANDARD UWT O0 N S rn r- A = Z TURN DOWN MAT AT WALL C-) " " D -I C N 3 Z] r El£V O.O NGVD DATUM o O 0 � z w r 33 AEV -179 MLLw - FIEV-1 C) r r .. e cric p m O — - AB NAT O Z W N o BURY MAT 2'-0' MI n B D LU 0 �a p D r < cC'1 n < � � (,n CD CD o m�j D G Z p D �} 2 mt z O 0 m O rn T m NOTE: SECOND WALL NOT REQUIRED CAN SLOPE EITHER 3:1 OR 4:1 AND PROVIDE SECOND WALL WHERE DESIRED -ANCHOR2FABMCACKFILL /4' CRUSHED CK OR STONE) PARATE BACKFILL FROM TIVE SOIL •J FILTER FABRIC APPROXIMATE EXCAVATION LINE 3000PSI CONCRETE 0 0 � W 7 C d 5� 3 O CD CL -0 O n n CD O N CD _a O I / , 1 I / / •iitt <<EE - I �fC % I' all 1 ' To PVC MS sN M WATER r / To MAN JP / ?' _T 75' Coastal Y \\1 Shoreline AEC / 30' Coastal Shoreline Buffer / � RR OPOSED AC SS � EASEMENT fit\ u OEMACE pe- lie I 1 \ \ \ 1 I !` onA A aanR (TM I I CONCRETE ` / ELETED 'DDELETED \ 75 MNWI / SE IBA(* —_= - -____ --_— —'�T7ED- • • • • _ •___• •. •— •.__• ) • • • 1 INFILTRATION BASIN /3 75 Coa — -- • ___• 1. �• j Da-4 7 AC. • •"'—'- —' — J '-.� 8aa♦IFAo 53X IMPEREOUS Shoreline ��— `� 30' Coastal BOTTOM ELEVATIONv10.00 BMAS Qn Aryw,.s, - BYPASS SWAIE I TOP OF STORAGE DEVICE/ 11A o R•uerr PROPOSED ACCESS I Shoreline Buff ELEVA TION-It.50 75' MNW eu..wun AU J� e+r L .fl/MP STATION NO. 3 EASEMENT vvvueo 1 •� - SETBACK STORM WATER STORAGE PROPOSED STORMWA TER 1 'tA �' STRUCTUREJ lie EASEMENT /�uwet.r Benqums _ (310 Lr. 72 CMP) STORM WATER STORAGE PUMPED TO INFILTRATION STRUCTURE IIA BASIN NO. 11 (43(1 LF. 71 CMP -- _ PUMPED TO INrBTRA�ON tE.rFsr �' `e�oam '^�r- 100 50 0 100 SCALE 1" = 100' LMG LAND MANAGEMENT GROUP me Envlronmental Consultants O i • W7 �1 ♦ � . - 3' PVC stow CAMA Major Permit Application Marsh Harbour Resorts, LLC Brunswick County, NC MATCHLINE SHEET NO. 4 i 0 1 I FA �— LMG Notes 8/2007: I Linear Feet of New Bulkhead Alignment = 1,560 Ift. Max. Distance Waterward of Exist. Bulkhead = 12' Avg. Distance Waterward of Exist. Bulkhead = 8' Est. Volume of Backfill = 3,697 ey 1 LE6FMD PA.w'fb wo..ecw eaAA•WKX DID BallNfa AV noa�iraA.r Auswu.r >1r Ra "E aEw a � y O Q a� U 0 z 0 v� U 8/2007 Sheet 5 of 14 DCaETED Stems K X % I 4 1p / + S� 1 e u u u 9 a+wna � e + 1.IwLR•AI.PI •��1wp• Ne e�ID w w.w wv wipqut 7 0 3 t7' 2 1 U. S. ARMY + �p Down " orwa��s B mmmnar „••s � k COLKINO NECK \\ \\ 3 SOUTH CAROUNA NAD 27 COORDINATE5 2 + QAL4 0.«0 PAv 1 E I� O LL.1 U A U Who MIO plooualoW PuJ 3.t �Q -�-��or," SIT" �R�Z��� "- 75' &astal Shoreline AEC 30' Coastal Shoreline Buffer 19 B•u.fm r • ITVri �i �. _ i \ \ 1 \ 3 \ Y-Tr aYa A a�IrtR, (MI CONCRETE `SID � / DELETED 3' PVC STOW �\WARN FORCE MAN �T 100 50 0 100 SCALE 1" = 100' MATCHUNE CAMA Major Permit Application ACSMFAl LMG Marsh Harbour Resorts, LLC LAND MANAGEMENT GROUP n� Brunswick County, NC Environmental [ons Wmnrs 8/2007 Sheet 5 of 14 fl, rar 30'Coastal OSED ACCESSiShoreline Bu 711 NO. 4 SETBACK INFILTRATION BASIN /3 75' Do:4.75 AC. 537E IMPERVIOUS Shor BOTTOM ELEVATION-10.00 TOP OF STORAGE ELEVATION-11.50 n r LMG Notes 8/2007: Linear Feet of New Bulkhead Alignment = 1,560 Ift. Max. Distance Waterward of Exist. Bulkhead = 12' I \� Avg. Distance Waterward of Exist. Bulkhead = 8' Est. Volume of Backriill = 3,697 cy �� N+6W! tb D Sioa,Fw 60"YW X AUG 2 12007 K 0 bD,fu-An.M n >Ch Ri �JESr DIVISION OF e x X x COASTAL MANAGPMENT M 0 SEMI 8918 BASH BOTTOM L 04MTRATION BASH +7 7�; oR.1.BJAC. (pArob) 7OX NATRVWUS TO k A' BOTTOM ELEVATI -20.50 TOP OF / MATCH LINE SHEET NO. 10 Not[: FOR 1A6RTRATNIN BASINS 7. 0. % AND 13, T DIRECTLY UNDER THE sAD81sNsMU KE�VATEDAND 0TMA SUITABLE SOR. 100 50 0 100 SCALE 1" = 100' MATCH LINE SHEET NO. 2 not a RNOUS / F BASIR+ %o Do-128AC. BottuM E-59% H-20.50 " E� 1 2.50 R I ?` 1 i1 I OHO CAMA Major Permit Application LMG Marsh Harbour Resorts, LLC LAND MANAGEMENT GROUP me Environmental Consul[a"R Brunswick County, NC 8/2007 Sheet 8 of 14 l\ • 75' MHWL \vC aMACL � C74 �� zz ado 30' Coastal H� Shoreline Buffe ¢? O' 75' Coastal 4d a Shoreline AEC W Q J 0. a0 U 04 W O O ° z 0 x o. Fb N lWM _J(L_ AUG 2 12007 lid//II �I fd�pff 63, If �9i Fl DIVISION OF r'OACr-c TAI MANA 'off r —N6-* of 1 Tract 1 a Boundary Eytotas f/-�rll/II� • _ - ��r Mullet u i t�7l iailiiai�l - 1, � ',- off off ` � ' _` / / --� ` !, � -,,`\ `C` i � , 'f ` --I \, cif i "" // « 1 I 1 , ♦ _ + ♦ � i t i -�)`P I �`��"a�ip, ` rn ,/ 1, \__ pl I l 1 1 - , _ -" h., + Marina r -` � , .,-- ,1 1 off \\ 1I \\ `\- �'__ ^II-\\ ,` ,;i/a; - /-� -M\. -_� 1 `6, ai. �_` , 1 ♦``.--- / i��1t��P��:� 'll `-,/�`___'• ``-_- `_==-` Diked Spoil Disposal Area for -== :- ",If - ;) , too — — - Initial Maintenance Dredging. -_-' ___ -`, ; Approximately 9.7-ac. -� °�P `-'� `�. 1 / - _If Estimated to hold 147,000 cy. Dike height 12' above ground. „„ ;� off I %, 11 , _ 1 1„ "i 1 of - '��L ♦ _ 11 / _ ♦ - \-+; 11 1 1,, `1 ,l ``-_/ /%``, J`�, /�./ IV _ , 1 ac` (l/ I qN ^_a` - \`• 1 - +I / , l of / II 11 1 � i i I I • -/ 1 of It r f I it 1 1/ I I f 11 / +,1 /,I 1 III 1 / 1111 1 , 1 1/ cl ; 11 1 , , I . 1 LMG LAND MANAGEMENT GROUP roc E+,vrron-enmf Consultants CAMA Major Permit Application Marsh Harbour Resorts, LLC Brunswick County, NC - +I'1 r' / II, 1 1 , 1 - I'll 1 1 ♦ I - I A 4 to /r/I /4111, ff YII % i - of hy� _ __ -_I 1 l j 1 i 1 j , � of of or abosh 10 8/2007 Sheet of N 400 200 0 400 SCALE V' = 400' ;u C 2 v 2 Quc'i't iUiWJ JU DIVISION OF COASTAL MANAGFNAFNT d y i1et �3j illI, till, ytltly3 G§j 51 ;ill,i9 ICI TWi 2bi11 (@ Fi Temporary Disposal Ai (upland) F—� 01 0k / . CO LMG LAND MANAGEMENT GROUP me `— E.,voa.enral Consultants CAMA Major Permit Application Marsh Harbour Resorts, LLC Brunswick County, NC 2l 8/2007 Sheet I' of t 19, g 4 G Al It .;n w � w wd l♦ • lii SS. w w s; Y y GG'f 5R a UU 11 Gi@iG i s � YZ deb. cs- d del "IM 1 w TO 0 CAMA Major Permit Application LMNAGEMENT GROUPixa Marsh Harbour Resorts, LLC I Environmental Consulmnrs Brunswick County, NC 8/2007 Sheet of d Jr aIXa 9GGGzaCC:::z::^zFz:zzzSaaCxAUuaa x.::zGSGFRPF ` Q xSRd4dd4R« �'s"^_.'aiz�?d4".z«na_' A r q a I y'?9sd3g?9'99 gss�aEaga�5a933g5?555555^sy?33�§ wwroww;rwwrrwprrr�„wt`���a�S���s�ofaJ�A?wFa�£i,�e��arwaw'wYrr'•56?r,�a���a�sw:UPss.wR��'.xaa§y�3�Y€�a����s��Y�aG taAaGa"xGa3RR"_"""�G 9y� .,87+•_elFgiciid:�'3$tlR:r:o�F�ag�„aa£"a�Fdgd�ig�s4�u'd"pdm 43aA.'.:"""9�RR Y,RX, :.aRr'�34 r•^a"R"SR"aRPaE:o'�_,d R". •a,aH$Ord'$�'��'psi;e.+=adG•��=51L1�'_RFfJdd.:F:- �R ga pp ggg ag g R ga gg ^aa«A�GanR� 5��3�x������3����������������h��h'R7`7959��'JJ�J9�99J3RJR1'J'7�RJ'7�9ss35�9�959�99999�59+99999.99_5. r�as�anv5"ass"�awrs�oKYrA�xt+�s.WaFa59-aRa�A$w"„Rgplr"wyy„�px�ag��Nr§wCsr 4 asa�Fau�3s�ha�a�3��G��x��a����kGF�au G �ce�as$Ga��ax59 A " ":Y�a8r®"Rra.a:SSaaRSS�^>Rdo4[Srir0��a0e'G- '� o RaL_PYAIB w{a^_^R7cR8a$2am n:t". �aRRF..GR3.Sit3 ��G7iC_K'iaY.K_�iaRYaacd�E3XaVRS4nYaa.-• X:, :�Fgo Y1�.F 7.%RS 1 sswf s sjj°3Wr'fttWrwsWstWWssatWP'w rt s s rs swf is iw w twfiw sff�f'��tfAlf„•3^ fbi%•c9)n�Y"°'. ,rF�{3'r."• 4:"-_k'•_8 Wt ii i ww t iWW�;• �." aY s b 7i: F. a+' �n 4 $S' 3 .."a Rd rv�.R' A{",Gq Rr1t �.�P �S 4 R thrhg t�rh$c ��"r j;nr "b :S 71 ' vs S" MR" ,,yyyrt j,, rgg{�r Fpp ((tt }}G¢��; F_ r LL t�{{,, t.h� �(' pptyb,r�iJ: iA � NG$a� GFGiPU a i#�P� IMIRC oaG A .A G G F��i gaLQ GFG ffi�d q"u � 4 U»Caa Ing Fu�6" n GRQA n$R" nR. +AESRpFR^"aaRAY�aA^8��r.aa". �a$^nXR7��Aq^°^'a�Jo^^:S�siffi n-°'.•Ri�eB�__„�.;bBaaAA7Jq€,'__nt'�^r^-Cf7^=���x2S_4q:n:.:d:%S a=2 nS:l __ $gy $§s§§„ 3x3`33933n33n33?ii3iiii3i? g ;i 55�5535]55555555555353�i55353�75�33^�� ;� I*n .., ,� .,, .. : �'.�,eo '3r •Rr Rf3f 71A 4rXC a•i7 �f "8HF?"xmh��i 7w",F �sR'n R,A "-Pit— FxY:i+� +"��!?IP a�rR"F7 "e p$„1�G��g6 r r R �aaaG�„$3a�xRUS�GG�$$xuGaG$$ F$�daH„aa�i;�s��„°�a�si3G�aii$�aa3�xaaadaaaa$ �Gr :a�^"aa$ai❑e.aeacrsgdR:.as:.x.^.s^seP�a^,«aa7A'°ER$��$�$�aa;a,ap4r:Rxmaeo"ea��pRaga.4$Ga,aaGaseY ^da.^.=i'�rtd a:t3-AnrddgasiGSYcaai=Xa._r+Gae_�"a_ii�ds_AasAaKide�Al�e^drFapnnNnaR��a«S,;drs«ada7'__n a AR^R "FR"aG"aa �9i ��75�5 � � 3 �9 3 3�150 550�n����5������35�3�5�3� 77'77�7777977�J7 _ _ w p s :W rtlJBir r�J �_Y �.tR RiA�� �Yf� rhs,d AX3b,a�R h FF � F •^ a •E 4 ±•,.°A „419 �A n•,8. 3X A, b�' R hG: rMf a' �'+'X °xpY:nynCX. :1: y:_4 a• ;:fin:.ta»inX_t'2°�h'7W h�"t. nY hG" isYr SF ^.r vr. Sb p. r 66M$rrRn'f,,r 6 r•.„.r v 33 S�ia p 9rr'', rst 11, 1 yDAN R.A AR SjNHaSpwi,"Rp$FGsaaa$aFoa3$aijit3gao hGNRa""G3'�a a&rF4$alMaaupuNSl "RR�n7«''+'.e.9,H:tS,a,a4AoAR F,R'�ARaSNe$hSS.gaazArrnot$R6r.�'q8$^.:RC^_CR,^n=E4zlS,eeE, a".a N•".,�Rgg"+,^4&E^•, n'd,��R - .r Ygd�r'-cad«A�_�s;s,d::i:d74d'43aaad„aa-"n�Ada9:.Aa F«aatcbr.aaa^«« _:aim „ApYaGe$q"fadAK"r.q�:irR$.ggge� _ qA p p q g" maaSama>8$$u"m'dae$w$$�7g"����7 R]777575^�J 5557577�7 �.a77777777777777777�J77'+J7747 SJ777��777'R1777'"7777 ]"]777 s s s i rrWWWr�' gwrr rsrrtNrssl..w�P.;.Wwt.Sr$884isr§Ait4�'"rR�5r9y=r s sswsrl+Waswr'T��Wrir 1„�7'.F�e nr s'"-A�3 t�v^1'8r6Y,'"nAFd. QR�'X.R>R:a3 i+:xr= ,A Rr'47:h X. r7'8� *$•Flhy C.r i:." °04 �P a ''Ip,g��tr7i{sy§+^q J, A:F�•'�+ i• r}' §S _VMNP 1'VV��eb Nlv fi'g rurV rrY y+bmi� r'f �rrnr nrrq},9 p 55�t ii 55 } .1�Cr+C ^ •teN r, {{,, {(,, ®y4 "�+Fr���a �k��uF�Gan bIGA GGIZGG"aaFr�Raa" arttkx„FaaaaaG$F�GaaFFCFCCCGGHN�BHRGMa�GG a$ aRagS�YRXa23�gRSn.723}j SRda Crgsn$c`��`�'�,x�ae "�^8x'+CC.,8 ARC:.$sRnA_�sfl8^+, ^.rG i-NN=�ffi dR:oNxSn:�R G.e^S 'rSl:a_n:.RY'�__.9 m�rg ^n'�°I �n$R:�G"7Rdi«a4c7 Y•n �a«_'_'GdnA^. x�d7fA�i¢.dsindRaYn�na.na..n n%tF `�.""_S"din q.'. BoSaSSA"oo8A9c'_'73^"-=.="-RAAa«ARARAStungXgXFRaY::^.I'SY:SY$GaaSaRG3SSGDaSSmGue°F1'RER `^I;R R$ pp W , ww:r: rr p : rw rw"�rwr = 'rets R,°w.'w°.w¢S 9',wB Yon„„orzs�wt �•'}W�'w',', w Br7n„=7f Rt,prgaaSYh.a�nn7rGP"'F, F t.ynrnSv4$�t�$Stl pRh :i Inn g by^Rp 5 a�.G$�auaG$aaGxRG��d���Ga�G���G$Ga�GG��FauG$$G�3usagaii��aa$a�u$Gua��61GG�G$G�«d�� apu5 " R Rra °"Sr$^Raag4i4ri P. P. R a Y Eq Sag.A+ NNE y 7 a q IXI X�d.rY�NRSe ia+ t�R�nRC_���m�L"1a�%d:l�gRddNntp 7�7�,yRGR�AFA51Wd4Ya�^a�a:�$:E�s=g?'-Y$YA«aR:t�ti.i SFi •. 773.9.9^,99,5;535;9�3�559595595355935353�Y's"sus,axis"s5nn9333n33�99;99�3��R 3 9§8' Vw2r2Q01 c T CAMA Major Permit Application O gSTP� LMG Marsh Harbour Resorts, LLC G 2 I. AND MANAGEMENT GROUP urc Brunswick County, NC E nrLon mental Cans Wrnnrt 8/2007 Sheet of nL;..?vn I L-r%vrllvr LEGEND GENERAL B.O.C. BACK OF CURB or BACK OF GUTTER E.O.P. EDGE OF PAVEMENT O.E. DRAINAGE EASEMENT U.E UTILITY EASEMENT EL a ELEV. ELEVATION W. STORM SEWER INVERT LF LINEAL FEET NGVD NATIONAL GEODETIC VERTICAL DATUM PC POINT OF CURVATURE PI PUNT OF INTERSECTION PT POINT OF TANGENCY PVC POINT OF VERTICAL CURVATURE PM PONT OF VERTICAL INTERSECTION PVT POINT OF VERTICAL TANGENCY R/W anROW RIGHT OF WAY SB SOIL BORING STA STATION CAN CABLE TELEMSON Ca CPAs CAROLINA POWER k LIGHT @PL BASE LINE @ _ XX%' Lt./%.%%' IN. FEET LEFT orFEET RIGHT O® T ELEVATION PROPOSED PAVEMENT J ELEVATION �—� DIRECTION RECTION NAGE FLOW OF DRAINAGE SWALE k DIRECTION OF FLOW tE P HANDICAPPED PARKING SPACE OAP CORRUGATED METAL PIPE D.I.P. DUCTILE IRON PIPE PVC POLYVINYL CHLORIDE PIPE RCP REINFORCED CONCRETE PIPE ERCP ELLIPTICAL REINFORCED CONCRETE PIPE STIR. STORM SEWER STRUCTURE vVnMn. VNDERORAIN STRUCTURES —� AIR RELEASE VALVE -— GATE VALVE W/ BOX FIRE HYDRANT PERMANENT BLOW -OFF W/ BACTERIAL SAMPLE PUNT —� TEMPORARY BLOW -OFF BACTERIAL SAMPLE POINT —a PIPE PLUG �— WATER METER REDUCER -�- _ BACKFLOW PREVENTER/ABOVE GROUND METER —� SANITARY SEWER MANHOLE �y SANITARY SEWER LATERAL h CLEAN -OUT —�-- PUMP STATION —i— STORM SEWER $ STRUCTURE �J\ HEADWALL _h CONTROL STRUCTURE —Ei MITERED END SECTION NOTE: OPEN SYMBOLS AND DASHED LINES DENOTE EXISTING IMPROVEMENTS MARS HARBOUR PROPERTIES BRUNSWICK COUNTY, NC CALABASH, NC DEVELOPED BY: MARSH HARBOUR RESORTS, LLC. POST OFFICE BOX 7750 SOUTH BRUNSWICK, NC 28470 PROPERTY OWNER: (MARSH HARBOUR RESORTS, LLC. 2 CAUSEWAY DRIVE OCEAN ISLE BEACH, NC 28469 PROJECT LOCAT70N PP + 3 / 5 \ ' T r -H( g r ii1 ped TNT'" 179 gcuee..r 17 179 iND.IECT 179 PROJECT SITE PREPARED IN THE OFFICE OF: Kimley-Horn m and Associates, Inc. P.O. BOX 33068 - RALEnH, NORTH CAROLINA 27636-3068 0617A-7 .�44 Chh-7A) AW c-N9i y A. SHEETS DESCRIPl10N ri COVER SHEET GENERAL NOTES 2 MASTER SITE PLAN 3 DRAINAGE MASTER PLAN 4-12 STORMWATER MANAGEMENT PLANS 13-1�CONSTRUCTION DETAILS 15ANS 158 I PRELIMINARY SEWER PLAN REVISIONS This tlocamenq together With the concepts and designs prevented haeln, os an inetmment of service.. M Intended anly fa the spec fic wrpose and alient for which it was prepared. Reuve of and enproper reliance an this document without written authairauon and adaptation by KXnley-Horn and Anociales. Inc. sholl be withott liability t0 Kimley-Mom and Aesoci.t.e. Inc. and MeeeC U. \OnMla\C41.1\panpt sai.Ur9 J-9—Op DATE: A DDII nr1 7!' nn SEAL 172 5 JOB NUMBER: Iwilo rlit"kni PP►TIN4u %mn^lWNMv a GENERAL NOTES, 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE 'WITH THESE PLANS, TOWN OF CALABASH 'AND THE BRUNSWICK COUNTY STANDARD SPECIFICATIONS. THE FINAL GEOTECHNICAL REPORT AND GENERAL DESIGN STANDARDS. 2. THE CONTRACTOR SHALL SALVAGE AND PROTECT ALL EXISTING POWER POLES. SIGNS. MANHOLES, TELEPHONE RISERS, WATER VALVES, ETC. DURING ALL CONSTRUCTION PHASES. 3. ME CONTRACTOR SHALL CLEAR AND GRUB THE SITE AND PLACE, COMPACT, AND MOISTURE CONDITION ALL FILL PER THE PROJECT GEOTECHNICAL ENGINEERS SPECIFICATIONS. THE FILL MATERIAL TO BE USED SHALL BE APPROVED BY ME GEOTECHNICAL ENGINEER PRIOR TO PLACEMENT. 4. ALL BACKFIELD AND FILL SOILS SHOULD BE NON -PLASTIC AND GRANULAR IN NATURE OR APPROVED BY SOILS ENGINEER AND SHOULD BE PLACED N MAXIMUM EIGHT (8.0) INCH COMPACTED LIFTS. EACH LIFT SHOULD BE COMPACTED TO AT LEAST NINETY-FIVE PERCENT (95%) OF THE SOILS STANDARD PROCTOR MAXIMUM DRY DENSITY AS DIRECTED BY THE GEOTECHNICAL ENGINEER. 5. TESTING OF MATERIALS REQUIRED FOR THE CONSTRUCTION OF THE PAVING IMPROVEMENTS SHALL BE PERFORMED BY AN APPROVED AGENCY FOR TESTING MATERIALS. ME NOMINATION OF ME TESTING LABORATORY AND ME PAVEMENT OF SUCH TESTING SERVICES SHALL BE MADE BY THE CONTRACTOR. ME OWNER SHALL APPROVE ME LABORATORY NOMINATED TO DO THE TESTING OF MATERIALS. IT SHALL BE ME CONTRACTOR'S RESPONSIBILITY TO SHOW BY STANDARD TESTING PROCEDURES THAT ME WORK CONSTRUCTED DOES MEET ME REQUIREMENTS OF ME TOWN'S SPECIFICATIONS. 6. ALL SIGNS. PAVEMENT MARKINGS, AND OMER TRAFFIC CONTROL DEVICES ON PUBLIC STREETS SHALL CONFORM TO THE NCDOT STANDARDS. 7. ALL REINFORCING STEEL SHALL BE NEW DOMESTIC BILLET STEEL CONFORMING TO ASTM A-615, GRADE 60. AND SHALL BE SUPPORTED BY BAR CHAIRS. STORM DRAINAGE 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THESE PLANS, TOWN OF CALABASH, AND THE BRUNSWICK COUNTY STANDARD SPECIFICATIONS AND GENERAL DESIGN STANDARDS. 2. THE CONTRACTOR SHALL SALVAGE AND PROTECT ALL EXISTING POWER POLES, SIGNS, MANHOLES. TELEPHONE MrFRS, WAT?,`AL\ES, ETC. DURING ALL CONSTRUCTION PHASES. 3. ME CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR SITE TRENCH SAFETY DURING ALL PHASES OF CONSTRUCTION. 4. THE CONTRACTOR SHALL VERIFY AND COORDINATE ALL DIMENSIONS SHOWN. INCLUDING THE HORIZONTAL AND VERTICAL LDCATION OF CURB INLETS AND GRATE INLETS AND ALL UTILITIES CROSSING THE STORM SEWER. 5. ME SITE UTILITY CONTRACTOR SHALL PROVIDE ALL MATERIALS AND APPURTENANCES NECESSARY FOR COMPLETE INSTALLATION OF ME STORM SEWER. 6. THE INSPECTOR SHALL INSPECT ALL 'PUBLIC' CONSTRUCTION. THE CONTRACTOR'S BID PRICE SHALL INCLUDE ALL INSPECTION FEES. 7. CONTRACTOR IS RESPONSBLE FOR OBTAINING ALL REQUIRED PERMITS AND APPROVALS PRIOR TO COMMENCING CONSTRUCTION. 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THESE PLANS, TOWN OF CALABASH, AND THE FINAL GEOTECHNICAL REPORT AND GENERAL DESIGN STANDARDS. 2. ME CONTRACTOR SHALL INSTALL AND MAINTAIN EROSION CONTROL MEASURES AS SHOWN ON THE APPROVED EROSION CONTROL PLAN. ADDITIONAL MEASURES MAY BE REQUIRED AND SHALL BE INSTALLED BY THE CONTRACTOR AS DIRECTED BY THE ENGINEER, TOWN INSPECTOR OR ME STATE OF NORTH CAROLINA 3. ME CONTRACTOR SHALL SALVAGE AND PROTECT ALL EXISTING POWER POLES. SIGNS. MANHOLES, TELEPHONE RISERS. WATER VALVES. ETC. DURING ALL CONSTRUCTION PHASES. 4. ME CONTRACTOR SHALL CLEM AND GRUB THE SITE AND PLACE, COMPACT, AND MOISTURE CONDITION ALL FILL PER THE PROJECT GEOTECHNICAL ENGINEER'S SPECIFICATIONS, ME FILL MATERIAL TO BE USED SHALL BE APPROVED BY THE GEOTECHNICAL ENGINEER PRIOR TO PLACEMENT. 5. GRADING CONTRACTOR SHALL COORDINATE WITH THE UTILITY COMPANIES FOR ANY REQUIRED UTILITY ADJUSTMENTS AND/OR RELOCATIONS. S. TESTING OF MATERIALS REWIRED FOR ME CONSTRUCTION OF ME PAVING IMPROVEMENTS SHALL BE PERFORMED BY AN APPROVED AGENCY FOR TESTING MATERIALS. THE NOMINATION OF ME TESTING LABORATORY AND ME PAYMENTS FOR SUCH TESTING SERVICES SHALL BE MADE BY ME CONTRACTOR, ME OWNER SHALL APPROVE THE LABORATORY NOMINATED TO DO THE TESTING OF MATERIALS. IT SHALL BE ME CONTRACTOR'S RESPONSIBILITY TO SHOW BY STANDARD TESTING PROCEDURES THAT ME WORK CONSTRUCTED DOES MEET THE REQUIREMENTS OF THE TOWN'S SPECIFICATIONS AND THESE PLANS. 7. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS AND APPROVALS PRIOR TO CONSTRUCTION. 8. REFER TO PLAN AND PROFILE SHEETS FOR EROSION CONTROL DEVICES TO BE INSTALLED PRIOR TO COMMENCING CONSTRUCTION. 9. NO TREE WITHIN THE TREE PROTECTION AREA SHALL BE REMOVED OR DAMAGED WITHOUT PRIOR AUTHORIZATION OF THE OWNER OR OWNER'S REPRESENTATIVE, EXISTING TREES SHALL BE PRESERVED WHENEVER POSSIBLE. WATER & SEWER 1. ALL MATERIALS AND WORKMANSHIP TO CONFORM TO THE REQUIREMENTS SET FORTH BY THE TOWN OF CALABASH, AND BRUNSWICK COUNTY. �.. _ 2. IN ME EVENT AN ITEM IS NOT COVERED BY THESE PLANS, THEN ME TOWN OF CALABASH. AND ME BRUNSWICK COUNTY GENERAL SPECIFICATIONS COVERING SIICH 1%MS :Y;,LL A✓GLI 3, WATER MAINS SHALL BE DUCTILE IRON PIPE AS SHOWN ON PLANS, AND PER TOM OF CALABASH STANDARDS. 4. SEWER PIPE SHALL BE MINIMUM SDR 35 PVC PIPE WITH FACTORY INSTALLED JOINTS USING MATERIALS HAVING RESILIENT PROPERTIES CONFORMING TO THE SPECIFICATION SET FORM IN ASTM DESIGNATION C-425 (PVC BY DICKEY IS SUCH A JOINT). 5. FIRE HYDRANTS SHALL BE NATIONAL STANDARD THREADS PER TOM OF CALABASH. 6. FIRE HYDRANTS SHALL BE LOCATED A MINIMUM OF V-5' FROM ME BACK OF CURB PER TOWN OF CALABASH. 7. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY EXACT LOCATIONS OF EXISTING PUBLIC AND PRIVATE UTILITIES AND SERVICES PRIOR TO COMMENCING CONSTRUCTION. 8. LOCATIONS AND SIZES OF EXISTING PUBLIC AND PRIVRE UTILITIES SHOWN ON THESE PLANS ARE FROM TOWN AND UTILITY COMPANY RECORDS ONLY. ME CONTRACTOR IS SOLELY RESPONSIBLE FOR LOCATING ALL UTILITIES AND FOR DAMAGES RESULTING FROM FAILURE TO DO SO. 9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROMDNG 'AS -BUILT' PLANS TO ME ENGINEER SHOWING THE LOCATION OF WATER AND SEWER SERVICES AND ANY DEVIATIONS FROM PLANS MADE DURING CONSTRUCTION. THE ENGINEER WILL PR04DE RECORD PLAN TO THE TOM OF CALABASH, AND BRUNSWICK COUNTY. 10. ME SITE UTILITY CONTRACTOR SHALL PROVIDE ALL MAERIALS AND APPURTENANCES NECESSARY FOR COMPLETE INSTALLATION OF THE UTILITES. ALL PUBUC PIPE, STRUCTURES, AND FITTINGS SHALL BE INSPECTED BY THE TOWN INSPECTOR PRIOR TO BEING COVERED. ME INSPECTOR MUST ALSO BE PRESENT DURNG DISINFECTION AND PRESSURE TESTING OF ALL MAINS, THE CONTRACTOR'S BID PRICE 91ALL INCLUDE ALL INSPECTION FEES. 11. WATER MAINS SHALL HAVE A MINIMUM COVER OF 36' BEIOW PROPOSED SUB GRACE. 12. ALL UNDERGROUND UTILITIES AND FIRE HYDRANTS MUST BE FUNCTIONALLY APPROVED PRIOR TO STRUCTURAL CONSTRUCTION. 13. ALL WATER LINE JOINT RESTRAINTS SHALL BE FLANGE BY NJ. TYPE (MEGA LUG) WORK IN THIS PROJECT SHALL CONFORM TO ME LATEST EDITIONS OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) ROAD AND BRIDGE SPECIFICATIONS, THE NCDOT ROAD AND BRIDGE STANDARDS. THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL HANDBOOK AND THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL REGULATIONS. IN THE EVENT OF CONFLICT BETWEEN ANY OF THESE STANDERDS. SPECIFICATIONS, OR PLANS, THE MOST STRINGENT SHALL GOVERN. ALL UTILITIES TO BE DEDICATED TO THE TOWN OF CALABASH MUNICIPAL WATER AND/OR SANITARY SEWER SYSTEM SHALL BE CONSTRUCTED AND TESTED TO CONFORM TO STATE OF NORM CAROLNA / STATE BOARD OF HEALTH WATERWORKS AND/OR SEWAGE REGULATIONS AND IMF TOWN OF CALABASH DESIGN AND CONSTRUCTION STANDARDS MANUAL 2. THE LOCATION OF EXISTING UTILITIES AS SHOWN IS APPROXIMATE ONLY. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL PUBLIC OR PRIVATE UTIUTIES MICH LIE IN OR ADJACENT TO ME CONSTRUCTION SITE. ME CONTRACTOR SMALL BE RESPONSIBLE FOR REPAIRING AT HIS EXPENSE, ALL EXISTING UTILITIES DAMAGED DURING CONSTRUCTION. 3. ALL MATERIALS USED FOR FILL OR BACK -FILL SHALL BE FREE OF WOOD, ROOTS, ROCKS. BOULDERS, OR ANY OMER NON - COMPATIBLE SOIL TYPE MATERIAL. UNSATISFACTORY MATERIALS ALSO INCLUDE MAN-MADE FILLS AND REFUSE DEBRIS DERIVED FROM ANY SOURCE. 4. MATERIALS USED TO CONSTRUCT EMBANKMENTS FOR ANY PURPOSE, BACK -FILL AROUND DRAINAGE STRUCTURES OR IN UTILITY TRENCHES FOR ANY OTHER DEPRESSION REQUIRING FILL OR BACK -FILL SHALL BE COMPACTED TO 95% OF MAXIMUM DENSITY AS DETERMINED BY THE STANDARD PROCTOR TEST AS SET OUT IN ASTM STANDARD D-698. THE CONTRACTOR SHALL PRIOR TO ANY OPERATIONS INVOLVING FILLING OR BACK - FILLING, SUBMIT THE RESULTS OF ME PROCTOR TEST TOGETHER WITH A CERTIFICATION THAT THE SOIL TESTED IS REPRESENTATIVE OF THE MATERIALS TO BE USED ON THE PROJECT. TESTS SHALL BE CONDUCTED BY A CERTIFIED MATERIALS TESTING LABORATORY AND THE CERTIFICATIONS MADE BY A LICENSED PROFESSIONAL ENGINEER REPRESENTING ME LABORATORY. S. TRAFFIC CONTROL ON PUBLIC STREETS $HALL BE IN CONFORMANCE WITH THE TRAFFIC CONTROL PLAN, THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES AND AS FURTHER DIRECTED BY TOWN INSPECTORS AND THE NORTH CMOLINA DEPARTMENT OF TRANSPORTATION. 6. ANY DISCREPANCIES FOUND BETWEEN THE DRAWINGS AND SPECIFICATIONS AND SITE CONDITIONS OR AR"' INCONSISTENCIES OR AMBIGUITIES IN DRAWIN 'OR M< SPECIFICATIONS SHALL BE IMMEDIATELY REP­.j TO ME ENGINEER, IN WRITING. WHO SHALL PROMPTLY-R•OURES" SUCH INCONSISTENCIES OR AMBIGUITIES. WORK DONE BY ME CONTRACTOR AFTER HIS DISCOVERY OF SUCH DISCREPANCIES, INCONSISTENCIES, OR AMBIGUITIES SHALL BE DONE AT THE CONTRACTOR'S RISK. 7. A PRE -CONSTRUCTION CONFERENCE SHALL BE HELD PRIOR TO THE START OF CONSTRUCTION. ME CONTRACTOR SHALL ARRANGE ME MEETING WITH THE TOWN ENGINEERING DEPARTMENT. 8. ALL DUCTILE IRON PIPE SHALL BE U.S. DUCTILE IRON CLASS 50 PIPE. 9. THE SITE SHALL BE STABILIZED AND SEEDED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. E171 ED VV./J.L/JH VUG 2 12007 1%1101n AI � Kimley-Horn ®�❑ and Associates, Inc. PfJ. BOX C1B088 - RALEILTFI, NOFifN CAiiOLNA 2788&'.p68 ODD, OCEAN HARBOUR GOLF RESORTS, LLC ° . ``� '=, ' PS° L IaQE�J7pDANE OCEAN HARBOUR GOLF LINKS TI GENERAL NOTES -DLH _, Nxp WWmn,M YY,M,OL@.F �_ �.M �� in @wmmr, rmI.IM -xn na a'^a0- aMI t.1:T< 1. nw<Yi. m m I'nnn ear.- MsiYN ml1 - rh R.. b rvmu me tit t rIt <I.M -n :mwl .nlr--,rn-i.wa ,.� e e -, . r +<.-Hm, me r«+e<i<rn <.e <nai e..�mu,r ra.rr. m Kun<. n <m M. Raux Ir,-. +�a Hr-. I.,r.. x DLS .nnam Ivma rus xa ,.<am.^. � :-m< .� 1. I � I sze X us \ I \ I r-R• adR 2rtiu Y " � PROP n s R/W I /: i 59, 518 X 519 X Rio DEVICE 05 1 X I / X , I' X II l 3!J /X uo � L I515 wV / X D OSTING R/W }<1 ' , 1 132 I I X 51.J 1 1 X 25 E70STING 6 0 F vREo.R[o w ,x[ c.-: icc os. Kimley-Horn and Associates Inc, I PaBox a�e-RntE,�tNOR,+,cnRa.wAz7e�n-xee CUENT: MARSH HARBOUR GOLF RESORTS, LLC ,..� �oPr_ i°'s 17 5 ->" :E ::=l �cS°••••••! °"°°°.'R°E°i s° RESORT LADANE MARSH HARBOUR GOLF LINKS nit[: STORMWATER MANAGEMENT DLH a „M.,� aR �_. �. M inimM. Iv,e1M .R� In. vin.+rl. nE Mfp. nean�N �wweii, a m Yi,lvmnl N .nte. Y wlmM oMl b IFe W¢Ih rv.wrt mE tlenl Iw .FicM1 { m pR-N Rurt °ts � I NP�r 51\ \ I X :26 �� S a I StT ©�,,,,`�� J I ® , ' �Q 1 4PD / 325 1' RT pI C.11 // Q 1011 M SWNOAEY ES141DS /� 910'AN X 9V 11R.D "AR CAR 484. V 5, 5 63 25 wv I INFILTRATION ASIN #11 / --- 1 X 95 94 S/ 7S5X . eo 0 R 47.00 I 1 s,.>• s=s / 1 T OF STT]RA �LEVA-AON-48.OTr- / r I X 5,9 51 , X V-6' ! WTIEA / 9i K p5 300 1•. ORR g WMR 1 1 `T 1 yp 1 1 RAISED Am.. IIWJ z $ X Sn EbS�TWG 1 lj I` 1 / 2,_0 WIC. SHRR�R ryi I JS t-6" CURB tllTlE-< /a O I RA X ; SttWMWelflt _ — - 1 } N / FORCE MYN 112 15 y5p [ w.0 v .0 4aADS BYPASS SWALE LTR.1 n Ei P R/N' BO tOp I \\� ,10 sBn E�E� . \ A [ w.n r N9l 1 \ FUTURE PROJECT SHOWN I \ �/ BEN FOR INFORMATION ONLY ' vRUE Ck P.O • YPASS OEIACE f4 (TO BE DESIGNED ACCORDING TO NCDENR STANDARDS IN bS • Eq E CgpE LP. S< ` PLACE WHEN THE DESIGN m I —�E�E x 5Jgs4 N ._° toll i w.m N 1 IS COMPLETE) B E � a E m PR JJj i J n / a \I\,i �5 / / / _ _ a� :.f J"++'n�„.� tv�''g`�.'y-Ic`"'�.- a�•a'":? -P �BwMa 14 tts PREPARED IN m RACE Pf F1 Kimley-Horn ® and Associates Inc. Po. BOX 3aae-RAEKl1NOHfIIcAexDL►iAx7sBaDeR LIENT RSH GOLF RESORTS, LLC C AiQSs ' , S ;. =T� - y Cn `^-'- .� � MENTRARSHT ARDOUR MARSH HARBOUR GOLF LINKS - - _ 2E: RMWATER MANAGEMENT _ DLN R. RpBIR\UMA,�IBNOlBw .BT00 nwBlR IM, Jetvnml, 1•glrt M1. IM ,wi.,pl, m1 .e4p�, prm'e1 Nr,i[ a. en YMnmerl °I w,r4e, k FIpMN ml. In Hr 9ti+N M1nM� pq qml Ip Mic. it ,n6 Dgp.J. Rare .-.��„.. .mIBN�:�-1•Il.prla.l pM.n1na.a IMui..A.,llp.-°A..111. «,..arrHMI,yMNM,N,m,,,,pMl. ,pRD DLs v 3- PyC STORM WATER FORCE MAIN PU P g x X YfssY 11A PAWRD BMWIFOD (310 LF. 72' STORM WATER STORAGE J PUMPED TO INF STRUCTURE 11A BASIN NC (430 LF. 72" CMP) PUMPED TO INFILTRATION BASIN/ 11 0 O e O O O O O ® \\ ^ ® O \✓//j PROPOSED STC 0 EASEMENT e / 0 0 STORM WATER STORAGE e p STRUCTURE NO. 7 (640 LF. 72- CMP) O p PUMPED TO INFILTRATION p BASIN/ 7 e e e 0 BYPASS DEMCE# 7 j O j O i B19A55 SWALE 0 CAI 0 pn R:h Anmenl NIMUI nR1e: wRsieel'm wtl: \\\ \ \\\ \\ mX SETBACK \ \ \ Y-L" CILRB k WATER (TYV.) \ `ev- \\ PJ20POSED ACCESS / / `—��\ ' \` w `. EASE9 D , ` _ _ _ oV .'i8 /l — — — X p�'U ZAP �u mfv W7 5) 0 0 ® INFILTRATION BASIN j3 e 0 ° Do=4.75 AC. i I 53% IMPERVIOUS I BOTTOM ELEVATION=10.00 BYPASS SWALE PROPOSED ACCESS TOP OF STORAGE I ELEVATION-11.50 EASEMENT PUMP STATION NO. 3 PROPOSED STORMWATER EASEMENT 218 123Da 12 (- .,-,-a.,_._jr,-\�%1 3' PVC STORM WATER FORCE IWO MATCHLINE SHEET NO. 9 PRFPMED W M WM Cf: - ®❑ Kimley-Horn FST D•2 �..-.... �� i and Associates, Inc. mnl d wMn. a nlskN wey b He gnllc euew me [Mnl Iw MHi it ni p�¢w.:l. Rnrt b er Rti+a-�^ eN amanm ws. mu e..n..:,n ewmr m n.:ey. nr. wee im M. P.O. BOX 33088 - MLEiC#L NCFiT41 CAROLNA 27638-9O6B MHWL + 2.0 �"�,ig'-�sk'TS � acre ••�S`, '��, �'�",�,�Ha�>�+Sr .:s�„j•'�1r s � . $r b See— 5Vy Z467 phpuk-o{ awyz PR°� RESORT LADANE MARSH HARBOUR oA,k 03 3µ 00 GOLF RESORTS, LLC _s``~ 50 MARSH HARBOUR ¢� s• 'o aawmII GOLF LINKS STORMWATER MANAGEMENT ✓�F:w °Ls 6 ON 133HS 33S 3NI�HoI VN I � 1w I tJYekr P � / Fll t AM, h \7 R d� sMA z w w Q z Q cc w Q cc ,,O VJ ❑—� PO Ac]Y 'LAOR9 ® Kimley-Horn and Associates Inc. - RALFI[)1 K'�i71Fi CAild_NA 27R19-:i0a9 " ENT ' MARSH HARBOUR GOLF RESORTS, LLC s— :. 1,z5i '.. F�.EQ.' >' .. o N•••. "FS" S' 50 PROJECT: RESORT LADANE MARSH HARBOUR -'F STORMWATER MANAC-; MFNT F w wDLN .� ..a , >~b d2 awm �. n evumv.l �rvr mr . n M <w.p' a ewP ••^.��w nv.b, w w n�lnn.nl a ew+ee. b blwM ay w ,n. i� rv+oer we exw� �v .ncn � .,. mmea w.A °0, DLS i m �F\ x i Q � J / C LL Z / ( C hd LL / E / 55 i M155 \\\ \ (\ 11\ aye • - F- z w W 0 Q z Q cr w F- Q O F- U) EL - A • ► ELI 101IV 1 Mro I NPUR M, .� m.Mlrr..r�i� IN�wi��uY n11MJ ti r1 b PIPE PREPARED IN THE MORE 0" C❑ ®Kimley-Horn ® and Associates, Inc. P O. BOX 33M - RALE10A NORTH CAROLNA 27-X" MARSH HARBOUR GOLF RESORTS, LLC CONSTRUCTION DETAILS 3. Rpf STATION SI HINO BE VµW VAIRT ME wf U- COYPLE RITH W4 YA BUM MaiRU:rRnl µC68 MNI NIM EOORB M, ALL OMEN APNABENWI Cd6TRUCMR ITEMS AND IMp . I CpITRKigf SHILL WRRY µL DMKgNS IUD CLEARINCES FOR CpTRUCTUN ARM NMITENV E OF µ1 EOUIPMEM AND PMIS 4. N COk TAR EPOO, ET FIELD MPM . MESSURE BNUY. COMRVGfpf SwV1 FMUYC PROIECHON PGNNIT p2t6PRpT ON PLUMBING TENS IN THE VµYE MOLT NIB ON THE $FN SREL UR OHM'. GAGE W. LKVG SENSORS MID PUMPS M THE NNN IiME. w ". S, RL NUI BOLTS, w4HER9 IUD OTHER HRRDwtaE S BE SIB STMAESS STEEL B. µL EIEVATOME ME SMEM ON (N.D.V.O.): NAT OEOC VEMM MTUN MN NND W >. MMUNXIYAER I. PROrSE CLEMMCE BETNEEN RGE RNL STETEM . fl E ON REd1OER. B. µ1 PIPING B BE SCH. SO h TO A POINT T OMTHEE THE V A VM T. 9. S' WC p RONIRGE SBBMWSBIF NMP M WWUFKTERED Nt NTROwTG PNM CO OR EOIML. PNIP SWLL NAVE ME CMK MD RNGE SET MONTH ON THIS I'M AE THE 'REOUIREO PUMP PEPTORWVGE CURME', NN OR EpYL. PUMP PERFORMUNCE MIA M BE REO.MEO M EEI PORIH IN ME EPECIFIMTS. CONIRUCTCR SHNL MBPT LCCµ MOLTMIE PRIOR 0 PIACEMEM OF PUMP OTHER. Ia. M M KKESS FRIME NTH HNGED MO HASP EQUIPPED COVER, PM UPPER DINE HIXLERE. C. N(IWEM AND OPOLE NJLDERS. ACCESS FNMEE SHNL BE µUMNMI, H-M LNDINC BRIM DPTOK. II. IS x W KCFC5 FNJIE WM HX5P EWWPED CDYEN. I]. MPLY M 34 MS CR OF C TM EPOV ON NTERON EURWES OF THE MEIMFL. zo /Zo-b� gou(An (JAJ zSN CAA s �,i DES• •.,. 3]25B ,yf�D 3J!s c s J�l" AUG2 1 2W7 DIVISION OF "OASTALMANAGEMENT RESORT LADANE MARSH HARBOUR GOLF LINKS A41,. So, ro ewAs M SECTION A —A BYPASS STRUCTURE #11 INFILTRATION BASIN A 2r I I f1 NLET plllE�T Al ELAN me_ ORAGE 42.5 eonou !¢0 a,R-=Sc TOP OF STORAGE 25.0 _ 1a• RGv —' — — — ie•nrs— TONR TO 9'RA55 W,21021.0 OJT BOiT]M-195 SECTION A -A BYPASS STRUCTURE #2 JI_ -m SECTION A -A BYPASS STRUCTURE # 11A A —I ELAN SECTION A -A BYPASS STRUCTURE 0 11B he;�l za• GMR 1 i0 STORAGE IA N to q TO ew.Ran s L wo INLET NM� SECTION A -A BYPASS STRUCTURE #10 •�W A TO J TO STTORM AGE EIAN SECTION A —A BYPASS STRUCTURE 47 A b 19• RCP . TO INfKTiATW W. �A SECTION A —A BYPASS STRUCTURE # 12A 0lUI��fiPPuA-7() pis` &/ RR9pARmmilz arslL£OE. Kimley-Horn and Associates Inc. I P.O. BOX 3JOE8 - RALEK7 L NOFTfN CAAOLNA 27�38-9099 CLIENT. MARSH HARBOUR GOLF RESORTS, LLC ,N..R• 9° ``�_ *>. •..._.- `-o� T [ °":.,3%f'' °°°° " PR°yECT: RESORT LADANE MARSH HARBOUR GOLF LINKS 4.ApAm10 URA .V,S 9 u9b RR: mp.. WiSO e+ TnE::F,zp:: STORM W ATER STRUCTURE MnT A 11 P [ eoamml. la)•ILn .ile pe [aieTb me 4sgn pmlM Mwi. m n Fflr�mpl d.nrin, Y Fbwte vir b Me yx14 p� Fyapn r!'a[a nn Ilw eawnsil +Ilnwl +[Alp mlMiialim uq Tp -e tlMl b Mi['Ir ^'e w�Pmla, er A:x[r«a^ ma u.p.:p.., m ew e. +ennui 9mery m Rae[rllm II +a+ pgv[Q Pam ea A—.11 a•. mWaO rt Dl5 2'-0• vN W / QIR INFILTRATION POND DETAIL 1C IRl. g5PFF9p! 1�3 BA41 YIOM BE0.0 BABIN Bpi1011 Cg1I00R • LEHtM 4"ti 1 g B B 1 P vNtlES t •P.. a p 8 •b e.• A PLAN VIEW BYPASS DEVICE (FLUME TYPE) SCHEDULE FLUME / MOTH 3 12.W 4 B 0' 3 120' 6 12.0' 7 110, 8 12.0' 13 120' rx x• � ,yam- 1WM vN 3 PtR RR 10v 6 SIOR OE Aa SECMCN A -A `P Mxx c°x�vcrz ROx gRECTCN ro ro ertumuWx aaw ensm t/a•�sT. l vu' SECTION B-B MW WAM 10.W E I V ll.dl SECTON A -A AUG 2 12007 DIVISION OF STORM WATER STORAGE UNa ASTAL MANAGEMENT . L"' ?- �*L�� �w 0��01 k D Kimley-Horn ® and Associates Inc. ❑ ❑ � P.O. BD% 33088 - RALEiOF4 NORTFI CAFIOL,NA 27836-0088 CLIENT: MARSH HARBOUR GOLF RESORTS, LLC �^,� a B E"� 4= 9 NBR:'r y E S.. •.� R 03 °� PROJECT: DANE RESORT LABOU MARSH HARBOUR GOLF LINKS .nrKo .omnrt nos n E: STORMW ATER STRUCTURE � � T • 1' . w 0lN w W +�vmi., m•.,- yriM..Oe ue cbw�TI..I'mdnme .nr..w 1Mne an. wN wmn� alYw.Ke, a .imeea oM rw u. n::^.^n'uuaa"i.i. a ...• ... .. d .. .. .. _ ....» .,. � xn ._. vmP.d Rene .,, „„n ,, avu. .aom m Ol5 ------------------- ---------------- ] STORY HOTEL/CONVENTION CENTER MAX.HA%BUILDING HEIGHT ]5.V 45. 354 25 -5 DATUM ELEV — — — — — — — — — — — — — — — — — IT IOA WALK �_____ _ rlx rL flEV.. 27M BE v OEVKK ♦ ' NNIw V VITN HAIIIRALL • 2.9'— TAIgw VAIL — • D.SS'� WITH NANpRgIL WITH ML -1500 GROW ESI SECTION GG 040 100.00 2D040 30080 40D00 r---37—STORT5H.EWl E5"MR,BUILDINGGHT 35.0' S10EVI1,K 45X 35.0 25.0 15.0 5. DATUM ELEV 5D040 BACKFILL NOTES 1. THE BACKFILL 5 REQUIRED TO BE A FREE DRANINC MATERIAL TO THE HIGH WATER LEVEL (HWL) HANDRAIL 1. UNDER HIGH WAVE ACTION, EXTEND FILTER MEMBRANE UNDER LOW PERMEABLE SOR AND TERMINATE UNDER CAP LAYER. II l 10, BwDWALK KEYSTONE 4• CAP UNIT, I / HWL KEYSTONE STANDARD RIP RAP STONE LAYER (FOR EROSIONAL CONTROL)-V FINISHED GRADES GEOSYNTIIETIC FABRICS / 7&' CRUS UNREINFORCED CONCRETE OR ROCK OR S CRUSHED STONE LEVELING PAD TYPICAL REINFORCED BULKHEAD SECTION STANDARD UNIT - NEAR VERTICAL SETBACK N.T.S. FM FL. ELEV. - 4590 — — — — — — — SIDEwnut _ _--' - ---- IV wrxw K 3 STORY TOVN SE PARKiw p2A MAX. BUILDING HEI T 35.0' — TMxIw VALL WITH NNIYtIJL FM6 . E EV. • 1300 -_ __ MxIw vALL vltx xFN9RAILIr m 4 ED IL -La wV g4K (A VDN WWCRA I -15.00 GROUP MARI SECTION DO 040 'aM� 9': r�il'�w�ee •m Ms �[�aA �l•v� •'/I�.1 rp/.y_xrn aM Axmeblet MiL 19c9 L RETAINED SDIL-r FREE DRAINING MATERIAL GEDSYNTHETIC FABRIC 2VIV6 -�- C�vb� u A!!G 2 1 W7 100.00 200.00 300.w 500.00 500.00 DIVISION OF COASTAL MANAGEMENT 9REPAISD W TxF ama a: ®� Kimley-Horn M TIT w,< xv-�s. R and Associates, Inc. m :e M-lI.<Il7 e.of prMcq i wlw�eMb. Ib gmIoMMml b MIT II •m PTfM Mairz OFl NCIii1F1 CAROI.NA 27039-Bp6B MARSH HARBOUR GOLF RESORTS, LLC MARINA SECTIONS 60040 RESORT LADANE MARSH HARBOUR GOLF LINKS CD „�21/e,..-•a;�_�_____-:/ / S %'" 1, , 1 , -J Ill I ,so�^� i � •--�� �.J I i'���f'� I -') �, _ 14 V-i-•' i l�i ;i �,% � �� j i \ 1 S , 1 4-� _.'\ �_a 1l ,1 ( I '-_.�� I �. !i; _�\ \� `—=�;�J '"'� � _ ,�\��\�� � �� '•� ,. � .. III •mil � - .'-��( � ''�� _ ''�"'. -I\ 1 \ ( '�\. d°t \• �`�� \��.: J, L, /)'n .. � is ''id1 ( �I1\_ �' � { — / I `� �`+S II ` \ �/ it , � -• J ! , � (� . ,I ' / — ~ �� , _ ,/i' ,. `<� \ •, •. /�k I i f` ,j ... � — `gyp Q` / ) i �:� `• \� ' ems-- �� . � � r ; S r a l