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HomeMy WebLinkAbout11-97 MM 2000 Marsh Harbor Resorts LLCPermit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Issued to Marsh Harbour authorizing development in _ Calabash Permit Number 11-97 Ex cav or filling.pursuant to NCGS 113-229 s s LC,10155 Beach Drive, Calabash, NC 28467 swi y at Calabash River, Beach Drive off of Hwy. 179, as req Fs i9 d1e puttee's application dated 5/8/00 including attached workplan 2, 3, 6-13, and 14 and 15 of 15, all dated 3/10/00. This permit, issued on %�3��r% i ect to compliance with the application (where consistent with the permit), all applicable regulations, spe--n i&WUa,notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; o e a permit to be null and void. Up and Development 1) In keeping with approvals granted by the Town of Calabash on 7/26/99, the authorized hotel facility shall have a maximum of 900 rooms. 2) In no case may any structure exceed any height limits set by the Town of Calabash. 3) The 10' wide boardwalk around the edge of the bulkhead shall be wooden and elevated slightly above the adjacent substrate elevation. (See attached sheets for Additional Conditions) This permiCaction 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 hereunderrequires further Departmental approval. All work must cease when the permit expires on December 31 hg,2000 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. nna l).Moffitt,Director Division of Coastal Management This perms -W its conditions are hereby accepted. of Permittee it '0%. - . ADDITIONAL CONDITIONS Page 2 of 5 Shoreline Stabilization 4) The authorized bulkhead alignment, as depicted in the attached workplan drawings, must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead mJslly tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead md q�tructed of treated wood, concrete slabs, metal sheet piles or other suitable md by department personnel. 8) -. The backfill material will belean' of ny ollutants except in trace quantities. Metal products, organic materials, or uns ht y ebris� Pn t be used. Excavation and Fill 9) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. 10) Excavation shall not exceed ten (10) feet below the elevation of mean low water in the access channel, and eight (8) feet below the elevation of mean low water in the canal and boat basin. In no case shall the depth of excavation exceed that of the connecting waters. 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation authorized by this permit. This written notification shall include: A. The number of the original permit. B. A statement that no dimensional changes of the dredge area are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be excavated, the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The date of map revision and the permittee's signature shown anew on the revised plan. NOTE: A determination by Division personnel that the spoil disposal site is inadequate to contain the material resulting from the requested maintenance dredging will require that either a) the amount of material proposed for removal be reduced to an amount equal to the holding capacity of the disposal site, or b) a new disposal site(s) be located and approved by Division personnel by way of a modification to this permit. Marsh Harbour Resorts Permit #11-97 Page 3 of 5 ADDITIONAL CONDITIONS 12) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. I 13) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Marina Develo ent and O eration 14) The existing marine pumpout sewage dispo fa Is, ">-shhll be.maintained and operable for the life of the manna. 15) The marina will display a signs showing the loc r of the -site pumpout facility, including other appropriate waste disposal_information, ate entr ce and exit from the main piers. 16) No sewage, whether treated or untreated, shall be discha�tged.a a time from any boats using the marina. Any sewage discharge at the marina shall b c idered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. 17) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 18) This permit authorizes a maximum of 257 boat slips. 19) 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. 20) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 21) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit #11-97 Page 4 of 5 22) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work'authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No clai s 11 be made against the United States or the state of North Carolina on account of ch removal or alteration. 23) All disturbed areas will be properl: . erosion within 30 working days of a ground cover sufficient to restrain 24) The permitted activity will be conducted in kick4Pfanner as to prevent a significant increase in turbidity outside of the area of construction or struction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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 Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405, to determine if a modification to Mining Permit No. 10-07 is necessary. Stormwater Management 25) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 12/20/99 (Permit No. SW8920522). Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Marsh Harbour Resorts ADDITIONAL CONDITIONS Endangered Species Protection Permit #11-97 Page 5 of 5 26) To avoid impacts to the federally -endangered red -cockaded woodpecker (Picoides borealis), Prior to the removal of any pine trees greater than or equal to 10 inches dbh (diameter at breast height) or 30 years of age within the project boundary, surveys shall be conducted for'active red - cockaded woodpecker cavity trees in appropriate habitat within a 1/2 mile radius of the project's boundary. The results of these surveys and a description of the tree removal must be coordinated with the Corps of Engineers and the US Fish anavidlife Service. Only after receiving concurrence from the Corps that the pro will not impact the red -cockaded woodpecker may pine tree removal comm . 27) To avoid impacts to the federally-endangere w�6do s o ycteria americana), prior to the removal of any large trees in or within 506 fe o e no high water mark of any water body, or prior to undertaking any impacts to waterbodics yi ,t roject boundaries, including the raising or lowering of water tables, the permittee H coo�di to with the Corps of Engineers and the US Fish and Wildlife Service. Only after rece m ncunce from the Corps that the proposed work will not impact the wood stork may pine tee "olal commence. General 28) No vegetated wetlands will be excavated or filled outside of the area indicated on the attached workplan drawings.. 29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project General Water Quality Certification No. 3274 (DWQ Project No. 000822), which was issued on 7/21/00. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200001404. Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit X for _ Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling,pursuant to NCGS 113-229 Issued to Marsh Harbour Resorts, LLC,10155 Beach Drive, Calabash, NC 28467 authorizing development in Calabash Brunswick County at Permit Number 11-97 Calabash River, Beach Drive off of Hwy. 179, , as requested in the pennittee's application dated 5/8/00 including attached workplan drawings, 2, 3, 6-13, and 15A-B of 15, all dated 3/31/00, 4,5, 14 and 15 of 15, all dated 3/10/00. �(] U This permit, issued on , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) In keeping with approvals granted by the Town of Calabash on 7/26/99, the authorized hotel facility shall have a maximum of 900 rooms. 2) In no case may any structure exceed any height limits set by the Town of Calabash. 3) The 10' wide boardwalk around the edge of the bulkhead shall be wooden and elevated slightly above the adjacent substrate elevation. (See attached sheets for Additional Conditions) This permit_action may be appealed by the pemtittee 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 Departmental approval. All work must cease when the ppermit expires on December 31 hg,2000 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. ^ivijDtinna D.Moffitt,Director sion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Page 2 of 5 ADDITIONAL CONDITIONS Shoreline Stabilization 4) The authorized bulkhead alignment, as depicted in the attached workplan drawings, must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 8) The backfill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Excavation and Fill 9) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. 10) Excavation shall not exceed ten (10) feet below the elevation of mean low water in the access channel, and eight (8) feet below the elevation of mean low water in the canal and boat basin. In no case shall the depth of excavation exceed that of the connecting waters. 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation authorized by this permit. This written notification shall include: A. The number of the original permit. B. A statement that no dimensional changes of the dredge area are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be excavated, the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The date of map revision and the permittee's signature shown anew on the revised plan. NOTE: A determination by Division personnel that the spoil disposal site is inadequate to contain the material resulting from the requested maintenance dredging will require that either a) the amount of material proposed for removal be reduced to an amount equal to the holding capacity of the disposal site, orb) a new disposal site(s) be located and approved by Division personnel by way of a modification to this permit. 1 Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit #11-97 Page 3 of 5 12) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 13) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Marina Development and Operation 14) The existing marine pumpout sewage disposal facility shall be maintained and operable for the life of the marina. 15) The marina will display a signs showing the location of the on -site pumpout facility, including other appropriate waste disposal. information, at the entrance and exit from the main piers. 16) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. 17) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 18) This permit authorizes a maximum of 257 boat slips. 19) 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. 20) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 21) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit #11-97 Page 4 of 5 22) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. Sedimentation and Erosion Control 23) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain . erosion within 30 working days of project completion. 24) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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 Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405, to determine if a modification to Mining Permit No. 10-07 is necessary. Stormwater Management 25) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 12/20/99 (Permit No. SW8920522). Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit #11-97 Page 5 of 5 Endangered Species Protection 26) To avoid impacts to the federally -endangered red -cockaded woodpecker (Picoides borealis), prior to the removal of any pine trees greater than or equal to 10 inches dbh (diameter at breast height) or 30 years of age within the project boundary, surveys shall be conducted for active red - cockaded woodpecker cavity trees in appropriate habitat within a 1/2 mile radius of the.project's boundary. The results of these surveys and .a description of the tree removal must be coordinated with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the red -cockaded woodpecker may pine tree removal commence. 27) To avoid impacts to the federally -endangered wood stork (Mycteria americana), prior to the removal of any large trees in or within 500 feet of the normal high water mark of any water body, or prior to undertaking any impacts to waterbodies within the project boundaries, including the raising or lowering of water tables, the permittee shall coordinate with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the wood stork may pine tree removal commence. General 28) No vegetated wetlands will be excavated or filled outside of the area indicated on the attached workplan drawings.. 29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. ` NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or . authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project General Water Quality Certification No. 3274 (DWQ Project No. 000822), which was issued on 7/21/00- NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200001404. Form DCM-MP-1 APPLICATION (To he completed by all applicants) b. City, town, community or landmark CALABASH: NC. 1. APPLICANT c. Street address or secondary road number _ 10155 BEACH DR., CALABASH,' 1NC a. Landowner: Name MARSH HARBOUR RESORTS, LLC Address 10155 BEACH DRIVE City CALABASH Zip 28467 Day Phone Fax (910) 579-0714 b. Authorized Agent: Name — Address MR. DON SAFRIT State NC 11 CAUSEWAY DRIVE (910) 579-0733 City OCEAN ISLE BEACHState NC Zip Fax 28469 Day Phone (910) 575-7263 (910) 575-4737 C. Project name (if any) MARSH HARBOUR'.RESORT N07E: Peendt wiR be issued in name ofkando»ner(r), md/oe project name. 2. LOCATION OF PROPOSED PROJECT a. County BRUNSWICK MAY 0 no 2300 Revised 03195 y DIVISION OF A n 1 A I h e A M /. n r h A r-h l T d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) CALABASH RIVER AND MARSH HARBOUR MARINA 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. LAND DEVELOPMENT, HOTEL AND CONDOMINIUMS, TOWNHOME CONSTRUCTION, BULKHEAD, MAINTENANCE REPAIR MINOR FILL OF EXISTING MARINA b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH c. Will the project be for public, private or commercial use? ALL d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. if more space is needed, please attach additional pages. GRADING, .DRAINAGE, EROSION CONTROL PER NCDENR AND LOCAL REQUIREMENTS ASSOCIATED WITH MULTI —USE LAND DEVEL— OPMENT.PR07ECT. EXISTING MARINA INFRASTURCTURE WILL BE IMPROVED, REPAIRED, AND ALTERED. Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 212 ACRES b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL APPROXIMATELY 10' TO 50' d. Soil type(s) and texture(s) of tract SAND AND COQUINA e. Vegetation on tract SCRUB PINE, PAMPAS GRASS, COASTAL.:BERMUDA GRASS, MAINTAINED GOLF COURSE, AND LANDSCAPED AREAS. f. Man-made features now on tract GOLF COURSE, EXISTING MARINA, GOLF CLUBHOUSE, LIMITED NUMBER OF EXISTING TOWNHOUSES (4 BLDGS:) g. What is the CAMA Land Use Plan land classification of the site? (Co emir +%+e low land we P11 Conservation _ Transitional _x Developed _ Community Rural _ Other I. How is the tract zoned by local government? PUD ' L Is the proposed project consistent with the applicable zoning? X Yes _ No (Anach zoning compliance cenljiomte, YappGeable) Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? yes X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? YES (Amch docemmntadon, ifavvilabkJ ,►;c :T `►: MAY I , 2000 DIVISION OF COASTAL MANAGEMENT in. Describe existing wastewater treatment facilities. BRUNSWICK COUNTY Future; SBWASA (South Rrunswi Ck Water & Sewer Authority n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down" and residential discharges.) 100% PERCENT OF -IMPERVIOUS SURFACE RUNOFF COLLECTED IN INFILTRATION BASINS WITH 50' GRASS SWALES FOR BYPASS RUNOFF BEYOND FIRST 1.5" OF RAIN. o. Describe existing drinking water supply source. BRUNSWICK COUNTY AND CAROLINA BLYTHE 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy or the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. PROVIDED WITH PAST SUBMISSIONS • An accurate, dated work plat (mcluding plan view and cross -sectional drawings) drawn to scale in black ink on an g 1/2' by 11 white paper: (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be.accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is 5 part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 0319S Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. to A Stormwater Certification, if one is necessary. SUBMITTED CONCURRENTLY —==COPIES PROVIDED 0 A list of the names and completh 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone * SEE ATTACHED LIST • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACOE #199701640, NC CAMA #11-97, NC STORMWATER PERMIT SWB 920522, CESAW—CO80— N-000-291 *NAMES MAY BE DIFFERENT/PREVIOUS A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A • A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. N/A 6. 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. 'Ile prc jed will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fad, grant permission to representatives of state and federal review agencies to enter on the "aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the & day of ' L( �00, Print N NNa�D SR G•2 t i Sign re ar Authortred Ag Please indieate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information x DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. ' L -9J N v 19), l 01, 10, 1 Revised 0319S DIVIS':,: tF•= OF COASTAL fVi!' ' AGEMENT Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. escribe below the purpose of proposed excavation or 0activities. All values to be given in feet. Average Final E&ft Pr4ert Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) ECENE IYAY 0 8 2000 DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include -coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? Yes _ No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _Yes _ No N/A If yes, where? BACKFILLING A PORTION OF AN EXISTING AREA PREVIOUSLY EXCAVATED FOR COQUINA MINING AND MARINA CONSTRUCTION FOR UPLAND DEVELOPMENT. APPROXIMATELY 138 LF. OF NEW BULKHEAD WILL BE CONSTRUCTED. Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes —No N/A If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A f. Does the disposal include any area in the water? Yes No N/A (3) Purpose of fill APPROXIMATELY 5500 CUBIC YARDS ASSOCIATED WITH FILL AT NORTHERN END OF EXISTING MARINA b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes NO EXISTING MARINA, If yes, NO WETLANDS a. Type of shoreline stabilization (1) Dimensions of fill area 200' BY 150' X Bulkhead X Riprap APPROXIMATELY (2) Purpose of fill CONVERT PRIOR UPLAND AREAS b. Length 6330' EXISTING BULKHEAD (RIPRAP + BULKHEAD), BACK TO UPLAND'AREAS'TOR'DEVEL'OPMENT. . 565' TO BE REMOVED, 1415' MODIFIED AND 4350' OF RIPRAP REPLACED WITH BULKHEAD. NEW TOTAL-5765' c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Sh reline erosion during preceding 12 months NA (Sou/urce of information) 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? SILT FENCE, SEDIMENT BASINS, SHEET PILINGS, AND APPROVED SEC PLAN. f. Type of bulkhead or riprap material WOOD, CONCRETE, RIPRAP, SHEET PILINGS b. g. Amount of'fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backftll N/A It. Type of fill material SAND, COQUINA, OTHER NATIVE SOILS i. Source of fill material ON -SITE 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to sit e�- _Yes X No D V What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? BACKHOE c. Will wetlands be cr,ssed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. MA044 4-W- k Ty_ _ram Li e ,—Anclkant or Peoleet Name . n • e Revised 03/95 DIVISION OF COASTAL MANAGEMENT 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-1. Be sure to complete all other section's 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 d. Size of area to be graded, filled or disturbed including roads, ditches, etc. APPROXIMATELY 66 ACRES (PHASE I), 34 ACRES (PHASE IT). 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 APPROV=, ONE WILL BE SUBMITTED AT LEAST 30 DAYS PRIOR 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 tract 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 E(C.BI'� DIVISION OF '- ^nec�1 "ANAGEMENT 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? _ 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 the facilities described in Item i. above received state or local approval? YES (Attach appropriate docamenration) FLOW ACCEPTANCE LETTER k. 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). SURFACE RUNOFF ONCE. TREATED RV APPROED BMP MEASURES Describe proposed drinking water supply source (e.g. well, community, public system, etc.) BRUNSWICK COUNTY WATER SYSTEM. CAROLINA BLYTHE, — m. Will water be impounded? _ Yes X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A pavement, buildings, rooftops, or to be used for vehicular driveways or parking. t27.57 HOWEVER, (SEE BACK) Revised 03/95 .. I A. APPROXIMATELY 18 TOWNHOME UNITS, 8 TENNIS COURTS,'A SPORTS/EXERCISE COMPLEX AND AN OFFICE/PROPERTY MANAGEMENT BUILDING. G. 100% IMPERVIOUS RUNOFF TO BE COLLECTED AND TREATED IN INFILTRATION BASINS. Marsh Harbour Impervious area within the 75' CAMA buffer. AREA Fr Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57848.90 1.33 Hotel 14842.30 0.34 Mid -Rise 7453.01 0.17 Total 166788.06 3.83 Total area within the 75' buffer 606181.50 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. RE C��I MAY 0 12000 COASTAL DIVISION OF MANAGEMENT I j , Project Description — Marsh Harbour Resorts D ECEIVE MAY 0 12000 COASTALIION MANAGEMENT The applicant, Marsh Harbour Resorts, is requesting re -issuance of the existing permit (Number 11-97) for Marsh Harbour Resorts so that development of the project may continue, as well as, authorization of a revised development plan. The existing Marsh Harbour Marina and Townhouse Complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, North Carolina, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and marina development project. The property was sold and the permit was transferred to Charles Kronenwetter in 1988 and allowed to expire in 1991. The property reverted back to the original owner and a new permit was obtained June 13, 1997. The property was transferred to the current applicant in July 1999 and the existing permit was transferred to the current applicant on October 5, 1999. The majority of the 212-acre project site is relatively undeveloped. The site is vegetated by scrub pine, pampas grass, coastal bermuda grass, landscaped areas and a maintained golf course. Townhouses are located near the entrance to the development, off of Highway 179, in the northwest corner of the property as well as a managementloffice complex, swimming pool, tennis courts, and associated parking lots. A dirt/marl road provides access to the dock master's building, fuel pumps, sewage pump out and existing 16.9 acre marina which are located in the northeast portion of the property. An eighteen - hole golf course, Marsh Harbour, associated clubhouse and paved access road from Highway.179 exist on the southern/central portions of the property. The applicant is requesting permit authorization for the construction of a seven story, 1200 room hotel and convention center with swimming pools and associated parking deck, four Mid -rise condominiums, twenty condominiums, a clubhouse, a shop, and restaurant. Additionally, 0.68-acres of the existing marina (which was created by excavation of upland) will be filled (coastal waters with no associated wetland/marsh) for development of four of the condominium units. Maintenance/repair and/or replacement of the existing marina bulkhead and riprap area is also being requested. Paved access roads and associated parking areas will also be constructed. Finally, approximately 9 infiltration ponds, designed to NCDENR stormwater requirements will be constructed to collect the first 1 '/z inches of run off from 100% of impervious surface and will have 50' (minimum length) grass swales for bypass event discharges. Future plans include the development of approximately eighteen townhouse units, eight tennis courts, a sports/exercise complex and a property management office. These sites will be designed according to NCDENR and CAMA Standards at the time of submittal. D ECE,E MAY 0 12000 DIVISION OF COASTA, MANAGEMENT Permit Class MODIFICATIONIMAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling,pursuant to NCGS 113-229 Issued to Marsh Harbour Resorts, LLC, 10155 Beach Drive, Calabash, NC 28467 authorizing development in Calabash Brunswick Permit Number 11-97 County at Calabash River, Beach Drive off of Hwy. 179, ,as requested in the permittee's application dated 5/8/00 including attached workplan drawings, 2, 3, 6-13, and 15A-B of 15, all dated 3/31/00; 4,5, 14 and 15 of 15, all dated 3/10/00. This permit, issued on 213111_�o U 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) In keeping with approvals granted by the Town of Calabash on 7/26/99, the authorized hotel facility shall have a maximum of 900 rooms. 2) In no case may any structure exceed any height limits set by the Town of Calabash. 3) The 10' wide boardwalk around the edge of the bulkhead shall be wooden and elevated slightly above the adjacent substrate elevation. (See attached sheets for Additional Conditions) This pemibLaction 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 hereunderrequires furtherDepartmentar approval. All work must cease when the ppermit expires on December 31 hg.2000 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. , jDonna D.Moffitt,Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permitter Page 2 of 5 ADDITIONAL CONDITIONS Shoreline Stabilization 4) The authorized bulkhead alignment, as depicted in the attached workplan drawings, must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 8) The backfill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Excavation and Fill 9) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. 10) Excavation.shall not exceed ten (10) feet below the elevation of mean low water in the access channel, and eight (8) feet below the elevation of mean low water in the canal and boat basin. In no case shall the depth of excavation exceed that of the connecting waters. 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation authorized by this permit. This written notification shall include: A. The number of the original permit. B. A statement that no dimensional changes of the dredge area are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be excavated, the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The date of map revision and the permittee's signature shown anew on the revised plan NOTE: A determination by Division personnel that the spoil disposal site is inadequate to contain the material resulting from the requested maintenance dredging will require that either a) the amount of material proposed for removal be reduced to an amount equal to the holding capacity of the disposal site, or b) a new disposal site(s) be located and approved by Division personnel by way of a modification to this permit. Marsh Harbour Resorts Permit #11-97 Page 3 of 5 ADDITIONAL CONDITIONS 12) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 13) The diked disposal area will be constructed a sufficient distance from the mean high water level Q or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Marina Development and Operation 14) The existing marine pumpout sewage disposal facility shall be maintained and operable for the life of the marina. 15) The manna will display a signs showing the location of the on -site pumpout facility, including other appropriate waste disposal_ information, at the entrance and exit from the main piers. 16) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. 17) This permit authorizes only the docks, piers, and other structures and uses located in or over.the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 18) This permit authorizes a maximum of 257 boat slips. 19) 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. 20) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 21) . The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted, activity without having it transferred to a third party. Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit #11-97 Page 4 of 5 22) The permittee understands and agrees that, if future operations by'the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction -to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. Sedimentation and Erosion Control 23) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 24) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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 Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405, to determine if a modification to Mining Permit No. 10-07 is necessary. Stormwater Management 25) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 12/20/99 (Permit No. SW8920522). Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Marsh Harbour Resorts ADDITIONAL CONDITIONS permit #11-97 Page 5 of 5 Endangered Species Protection 26) To avoid impacts to the federally -endangered red -cockaded woodpecker (Picoides borealis); prior to the removal of any pine trees greater than or equal to 10 inches dbh (diameter at breast height) or 30 years of age within the project boundary, surveys shall be conducted for active red - cockaded woodpecker cavity trees in appropriate habitat within a 1/2 mile radius of the.project's boundary. The results of these surveys and a description of the tree removal must be coordinated with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the red -cockaded woodpecker maypine tree removal commence. 27) To avoid impacts to the federally -endangered wood stork (Mycteria americana), prior to the removal of any large trees in or within 500 feet of the normal high water mark of any water body, or prior to undertaking any impacts to waterbodies within -the project boundaries, including the raising or lowering of water tables, the permittee shall coordinate with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the wood stork may pine tree removal commence. General 28) No vegetated wetlands will be excavated or filled outside of the area indicated on the attached workplan drawings.. 29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project General Water Quality Certification No. 3274 (DWQ Project No. 000822), which was issued on 7/21/00. NOTE: - The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200001404. a Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark CALABASH NC 1. APPLICANT c. Street address or secondary road number _ 10155 BEACH DR., CALABASH,-INC a. Landowner: MARSH HARBOUR RESORTS, LLC d. Is proposed work within city limits or planning Name jurisdiction? X Yes No Address 10155 BEACH DRIVE e. Name of body of water nearest project (e.g. river, cityCALABASH State NC creek, sound, bay) CALABASH RIVER AND MARSH HARBOUR MARINA Zip 28467 Day Phone (910) 579-0733 g (910) 579-0714 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name MR. DON SAFRIT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and 11 CAUSEWAY DRIVE excavation and/or filling activities. Address LAND DEVELOPMENT, HOTEL AND CONDOMIN TOWNHOME CONSTRUCTION, BULKHEAD, MAINTENANCE REPAIR MINOR FILL OF City OCEAN ISLE BEACHState NC EXISTING MARINA Zip 28469 Day Phone (910) 575-7263 b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH Fax (910) 575-4737 C. Project name (if any) MARSH HARBOUR "RESORT NOTE: Pemdl wW be issued in one of landamer(s), and/or pmjed Come. 2. LOCATION OF PROPOSED PROJECT c. Will the project be for public, private or commercial use? ALL d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. GRADING, 'DRAINAGE, EROSION CONTROL PER NCDENR AND LOCAL REOUIREMENTS a. County BRUNSWICK W EMVE Dn MAY 0Mo Revised 03M -, —DIVISION OF ^, ASSOCIATED WITH MULTI -USE LAND DEVEL- OPMENT.PROJECT. EXISTING MARINA INFRASTURCTURE WILL BE IMPROVED, REPAIRED, AND ALTERED. Form 0CM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of -entire tract 212 ACRES b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NwL APPROXIMATELY 10' TO 50l'1. d. Soil type(s) and texture(s) of tract SAND AND COQUINA e. Vegetation on tract SCRUB PINE, PAMPAS GRASS, COASTALi:BERMUDA GRASS, MAINTAINED GOLF COURSE, AND LANDSCAPED AREAS. f. Man-made features now on tract GOLF COURSE, EXISTING MARINA, GOLF CLUBHOUSE LIMITED NUMBER OF EXISTING TOWNHOUSES (4 BLDGS:) g. What is the CAMA Land Use Plan land classification of the site? (Co =& dw loml laid we plan.) Conservation Transitional X Developed Community Rural _ Other h. How is the tract zoned by local government? PUD i. Is the proposed project consistent with the applicable zoning? X Yes No (Anach Zoning compliance mtifimre, rf applicable) j• Has a professional archaeological done for the tract? Yes If yes, by whom? assessment been X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? yes X No Are there wetlands on the site? _X_Yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? YES (Anach doomwntarion, if amiable) DIVISION OF COASTAL MANAGEMENT m. Describe existing wastewater treatment facilities. BRUNSWICK COUNTY Future: SBWASA (South nrunswick Water & Sewer Authority) n, Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down" and residential discharges.) 100% PERCENT OF•IMPERVIOUS SURFACE RUNOFF COLLECTED IN INFILTRATION BASINS WITH 50' GRASS SWALES FOR BYPASS RUNOFF BEYOND FIRST 1.5" OF RAIN. o. Describe existing drinking water supply source. BRUNSWICK COUNTY AND CAROLINA BLYTHE 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. PROVIDED WITH PAST SUBMISSIONS • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an g 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the ReAwd 0319S Form DCM-MP-1 site. Include highway or secondary road (SR) .numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary SUBMITTED CONCURRENTLY -::COPIES PROVIDED • A list of the names and complet@ 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone * SEE ATTACHED LIST • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACOE #199701640, NC CAMA #11-97, NC STORMWATER PERMIT SWB 920522, CESAW-0080- N-000-291 *NAMES MAY BE DIFFERENT/PREVIOUS A cheek for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - I to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the _ day of t" 4 J�a0, Print Npme- Sign re Du 1 .,A Aza Ag Please indicaittes attachments pertaining to your proposed projecL X DCM MP-2 Excavation and Fill Information x DCM MP-3 Upland Development _ DCM MP4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. � Ec Hv� MA': � �0 Revised 03/95 DIVIS!,711A OF COASTAL Mf I AGEMENT Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. escnbe below the purpose of proposed excavation or fil ctivities. All values to be given in feet. Average Moat Edsttog PrWect Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabiliretion) DIVISION OF rOASTAL[MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? Yes _ No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No N/A If yes, where? BACKFILLING A PORTION OF AN EXISTING AREA PREVIOUSLY EXCAVATED FOR COQUINA MINING AND MARINA CONSTRUCTION FOR UPLAND DEVELOPMENT. APPROXIMATELY 138 LF. OF NEW BULKHEAD WILL BE CONSTRUCTED. Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes —No N/A If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A f. Does the disposal include any area in the water? Yes No N/A (3) Purpose of fill APPROXIMATELY 5500 CUBIC '— YARDS ASSOCIATED WITH FILL AT NORTHERN END OF EXISTING MARINA b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes No EXISTING MARINA, If yes, NO WETLANDS a. Type of shoreline stabilization (1) Dimensions of fill area 200' BY 150' X Bulkhead X Riprap APPROXIMATELY (2) Purpose of fill CONVERT PRIOR UPLAND AREAS b. Length 6330' EXISTING BULKHEAD (RIPRAP + BULKHEAD) BACK TO UPLAND'.AREAS FOR'DEVEL'OPMENT. 565' TO BE REMOVED, 1415' MODIFIED AND 4350' OF RIPRAP REPLACED WITH BULKHEAD. NEW TOTAL-5765' c. Average distance waterward of MHW or NWL N/A 5. GENERAL d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months NIA (so"— of information) a. How will excavated or fill material be kept on site and erosion controlled? SILT FENCE, SEDIMENT BASINS, SHEET PILINGS, AND APPROVED SEC PLAN. f. Type of bulkhead or riprap material WOOD, CONCRETE, RIPRAP, SHEET PILINGS b. g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfril N/A h. Type of fill material SAND, COQUINA, OTHER NATIVE SOILS i. Source of fill material ON -SITE 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site - _Yes X No -0E R MAY B What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? BACKHOE c. Will wetlands be cr:,ssed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. U.1L 31,r I �. RevWd 03195 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major It. 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 d. Size of area to be graded, filled or disturbed including roads, ditches, etc. APPROXIMATELY 66 ACRES (PHASE I), 34 ACRES (PHASE fiI). 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 APPRUV=,— ONE WILL BE SUBMITTED AT T D YS PRIOR f. List the materials -(such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. ASPHALT, CONCRETE, TILE, PAVER, MARL 9. Give the percentage of the tract 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. ' 57 HOWEVER, (SEE BACK) RE (C.EJ'V?-1� DIVISION OF ^nnc,1r41 MANAGEMENT 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? -- 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 the facilities described in Item i. above received state or local approval? YES (Awrh appropriate domp=Aadon) PLOW ACCEPTANCE LETTER k. 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). SURFACE RUNOFF ONCE TREATED RV APPRONIED BMP MEASURES Describe proposed drinking water supply source (e.g. well, community, public system, etc.) BRUNSWICK COUNTY WATER SYSTEM, CAROLINA BLYTHE. in. Will water be impounded? _ Yes- X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A IV IQV4 L(YU✓ Date Revised 03/95 A. APPROXIMATELY 18 TOWNHOME UNITS, 8 TENNIS COURTS, A SPORTS/EXERCISE COMPLEX AND AN OFFICE/PROPERTY MANAGEMENT BUILDING. G. 100% IMPERVIOUS RUNOFF TO BE COLLECTED AND TREATED IN INFILTRATION BASINS. Marsh Harbour Impervious area within the 75' CAMA buffer. AREA Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57849.90 1.33 Hotel 14842.30 0.34 Mid -Rise 7453.01 0.17 Total 166788.06 3.83 Total area within the 75' buffer 606181.50 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. D ECE ZEDMAY 0 COASTAL DIVISION OF MANAGEMENT Pro iectDescription — Marsh Harbour Resorts DIVISION OF COASTAL MANAGEMENT The applicant, Marsh Harbour Resorts, is requesting re -issuance of the existing permit (Number 11-97) for Marsh Harbour Resorts so that development of the project may continue, as well as, authorization of a revised development plan. The existing Marsh Harbour Manna and Townhouse Complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, North Carolina, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and manna development project. The property was sold and the permit was transferred to Charles Kronenwetter in 1988 and allowed to expire in 1991. The property reverted back to the original owner and a new permit was obtained June 13, 1997. The property was transferred to the current applicant in July 1999 and the existing permit was transferred to the current applicant on October 5, 1999. The majority of the 212-acre project site is relatively undeveloped. The site is vegetated by scrub pine, pampas grass, coastal bermuda grass, landscaped areas and a maintained golf course. Townhouses are located near the entrance to the development, off of Highway 179, in the northwest corner of the property as well as a managementloffice complex, swimming pool, tennis courts, and associated parking lots. A dirt/marl road provides access to the dock master's building, fuel pumps, sewage pump out and existing 16.9 acre manna which are located in the northeast portion of the property. An eighteen - hole golf course, Marsh Harbour, associated clubhouse and paved access road from Highway 179 exist on the southem/central portions of the property. The applicant is requesting permit authorization for the construction of a seven story, 1200 room hotel and convention center with swimming pools and associated parking deck, four Mid -rise condominiums, twenty condominiums, a clubhouse, a shop, and restaurant. Additionally, 0.68-acres of the existing manna (which was created by excavation of upland) will be filled (coastal waters with no associated wetland/marsh) for development of four of the condominium units. Maintenance/repair and/or replacement of the existing manna bulkhead and riprap area is also being requested. Paved access roads and associated parking areas will also be constructed. Finally, approximately 9 infiltration ponds, designed to NCDENR stormwater requirements will be constructed to collect the first 1 1/2 inches of run off from 100% of impervious surface and will have 50' (minimum length) grass swales for bypass event discharges. Future plans include the development of approximately eighteen townhouse units, eight tennis courts, a sports/exercise complex and a property management office. These sites will be designed according to NCDENR and CAMA Standards at the time of submittal. MAY 0 12000 COAS ' ISION OF MANAGEMENT To rtsi n�rd +o botu� i u_%e-+f United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh. North Carolina 27636-3726 July 12, 2000 Colonel James W. DeLony District Engineer, Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attention: Mr. Jeffrey Richter Dear Colonel DeLony: JULRecelveo 25 2000 COASTAL MANAGE;1IENT aECEN RIDD JUL 19 2000 DIVISION OF COASTAL MANAGEMENT The U.S. Fish and Wildlife Service (Service) has reviewed the CAMA-Corps General Permit Application (Action ID# 200001404), dated June 21, 2000. The applicant, Marsh Harbour Resorts, LLC, proposes to replace existing shoreline stabilization around an existing marina basin, fill the upper portion of the basin, and develop the surrounding high ground on their property adjacent to the Calabash River, in Calabash, Brunswick County, North Carolina. This is the report of the Service submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). The proposed action consists of replacing or repairing 5,765 linear feet of existing shoreline stabilization (rip rap and wooden bulkhead) with a bulkhead, filling 0.69 acres of a marina basin previously excavated from high ground, and constructing a hotel, parking deck, condominiums, townhomes, clubhouse, retail shop, and restaurant on the surrounding high ground. We do not oppose the issuance of a permit which would allow work to proceed; however, in an effort to minimize the impacts to fish and wildlife resources, and the utilization of these resources by the general public, we suggest appropriate sediment and erosion control measures be implemented to prevent any unauthorized discharge. Furthermore, section 7(a)(2) of the Act requires that all Federal agencies, in consultation with the Service, shall insure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any Federally -listed threatened or endangered species. A biological assessment may be prepared to fulfill the Section 7(a)(2) requirement and in determining whether formal consultation with the Service is necessary. To assist you in your determination of the effects of the action and, if necessary, the preparation of the biological assessment, we have enclosed a list of the Federally -listed endangered, r threatened, and candidate species that are known to occur in Brunswick County. We recommend surveys for all Federally -protected species be performed by comparing the habitat requirements for these listed species with available habitat types within the action area, as defined in 50 CFR 402.02. Field surveys for species should be performed if habitat requirements overlap with that available at the project site. Please notify this office with the results of any surveys, survey methodologies, and an analysis of the effects of the action on any listed species, including consideration of direct, indirect, and cumulative effects. Based on recent findings of the Federally -endangered wood stork Mcteria Americana) in the vicinity of the proposed project, the Service strongly recommends performing field surveys. If wood storks are observed within the project area or potential habitat is found, the project has the potential to adversely affect this species, and you are recommended to contact this office for further information. The Federally -endangered red -cockaded woodpecker icoides borealis is also known to occur in Brunswick County. If the project will be removing pine trees greater than or equal to 10" dbh (diameters at breast height) or 30 years of age in pine or pine/hardwood habitat, surveys should be conducted for active red -cockaded woodpecker cavity trees in appropriate habitat within 1/2 mile radius of the project's boundaries. If red -cockaded woodpeckers are observed within any of the project areas or active cavity trees are found, the project has the potential to adversely affect the red -cockaded woodpecker, and you should contact this office for further information. We appreciate the opportunity to comment on this permit application. Please continue to advise us of the progress of this project, including your official determination of the potential affect on Federally -protected species. If you have any questions or comments, please contact Mr. David Rabon of this office at (919) 856-4520, extension 16, or via email at david_rabon@fws.gov. Sincerely, -A,� Garland B"tardue Ecological Services Supervisor Encl. cc: NCDCM, Raleigh, NC (Doug Huggett) D�\\T� NCDCM, Washington, NC (Bob Stroud) V JL� NCWRC, Raleigh, NC (Frank McBride) NCWRC, Kinston, NC (Bennett Wynne) JUL 19 2000 NMFS, Beaufort, NC on Sechler ,051ON OF EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welt ISTAL iMANAGEMENT F W S/R4:DRabon:7-12-00:919.856.4520extension l6:\0001404.wpd State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director I 1 ' 11 1t5 TO: FROM: SUBJECT: Applicant: Project Location June 16, 2000 Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries Doug Huggett Major Permits Processing Coordinator RCDENR NORTH CA.ROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CAMA/DREDGE & FILL Permit Application Review Marsh Harbour Resorts, LLC 10155 Beach Drive, Calabash, NC, Brunswick County Proposed Project: To replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Please indicate belo your agency's position or viewpoint on the proposed project and return this form by July 12, 2000. if you have any questions regarding the proposed project, please contact Janet M. Russell t extension 249. 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. l This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED (�-�DATE —) 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Preston P. Pate, Jr., Director GyiauTrl l U&I TO: Doug Huggett Major Permits Processin r-- - FROM: Mike Stre DATE: July 26, 2000 A7�'� LA� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: CAMA/DREDGE AND FILL PERMITT Marsh Harbour Resorts,LLC/10155 Beach Drive, Calabash, NC/Brunswick County Attached is the Divisions reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MS/cld P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission hermit X for Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling,pursuant to NCGS 113-229 Issued to Marsh Harbour Resorts, LLC, 10155 Beach Drive, Calabash, NC 28467 authorizing development in Calabash Brunswick Permit Number 11-97 County at Calabash River, Beach Drive off of Hwy. 179, , as requested in the permittee's application dated 5/8/00 including attached workplan drawings, 2, 3, 6-13, and 15A-B of 15, all dated 3/31/00, 4,5, 14 and 15 of 15, all dated 3/10/00. This permit, issued on �(� U 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) In keeping with approvals granted by the Town of Calabash on 7/26/99, the authorized hotel facility shall have a maximum of 900 rooms. 2) In no case may any structure exceed any height limits set by the Town of Calabash. 3) The 10' wide boardwalk around the edge of the bulkhead shall be wooden and elevated slightly above the adjacent substrate elevation. (See attached sheets for Additional Conditions) This permit action may be appealed by the perminee 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 furtherDepar mental approval. All work must cease when the permit expires on December 31 ho.2000 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. jDbnna D.Moffitt Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Page 2 of 5 ADDITIONAL CONDITIONS Shoreline Stabilization 4) The authorized bulkhead alignment, as depicted in the attached workplan drawings, must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 8) The backfill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Excavation and Fill 9) In order to protect juvenile shrimp and finfish populations, no .excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. 10) Excavation shall not exceed ten (10) feet below the elevation of mean low water in the access channel, and eight (8) feet below the elevation of mean low water in the canal and boat basin. In no case shall the depth of excavation exceed that of the connecting waters. 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation authorized by this permit. This written notification shall include: A. The number of the original permit. B. A statement that no dimensional changes of the dredge area are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be excavated, the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The date of map revision and the permittee's signature shown anew on the revised plan. NOTE: A determination by Division personnel that the spoil disposal site is inadequate to contain the material resulting from the requested maintenance dredging will require that either a) the amount of material proposed for removal be reduced to an amount equal to the holding capacity of the disposal site, or b) a new disposal site(s) be located and approved by Division personnel by way of a modification to this permit. Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit 411-97 Page 3 of 5 12) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover ofsolids into any marsh or surrounding waters. 13) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Marina Development and Operation 14) The existing marine pumpout sewage disposal facility shall be maintained and operable for the life of the marina. 15) The marina will display a signs showing the location of the on -site pumpout facility, including other appropriate waste disposal.information, at the entrance and exit from the main piers. 16) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the pemittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. 17) This permit authorizes only the docks, piers, and other structures and uses located in or over -the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without pewit modification. No non -wafer dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 18) This permit authorizes a maximum of 257 boat slips. 19) 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. 20) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 21) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Marsh Harbour Resorts Permit #11-97 Page 4 of 5 ADDITIONAL CONDITIONS 22) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction -to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers; to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall 'be made against the United States or the state of North Carolina on account of any such removal or alteration. Sedimentation and Erosion Control 23) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 24) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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 Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405, to determine if a modification to Mining Permit No. 10-07 is necessary. Stormwater Management 25) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 12/20/99 (Permit No. SW8920522). Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Marsh Harbour Resorts Permit #11-97 Page 5 of 5 ADDITIONAL CONDITIONS Endangered Species Protection 26) To avoid impacts to the federally -endangered red -cockaded woodpecker (Picoides borealis); prior.to the removal of any pine trees greater than or equal to 10 inches dbh (diameter at Breast height) or 30 years of age within the project boundary, surveys shall be conducted for active red - cockaded woodpecker cavity trees in appropriate habitat within a 1/2 mile radius of the.project's boundary. The results of these surveys and a description of the tree removal must be coordinated with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the red -cockaded woodpecker may pine tree removal commence. 27) To avoid impacts to the federally -endangered wood stork (Mycteria americana), prior to the removal of any large trees in or within 500 feet of the normal high water mark of any water body, or prior to undertaking any impacts to waterbodies within the project boundaries, including the raising or lowering of water tables, the permittee shall coordinate with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the wood stork may pine tree removal commence. .General 28) No vegetated wetlands will be excavated or filled outside of the area indicated on the attached workplan drawings.. 29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required NOTE: The N.C. Division of Water Quality has authorized the proposed project General Water Quality Certification No. 3274 (DWQ Project No. 000822), which was issued on 7/21/00. NOTE: • The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200001404. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Harbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index - IM: 3-27 Grid J, K, L-11, 12, 13 JM: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - X: 2 130 000 Y: 50 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. IPTVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present - Engineer Was Present 5. PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash Land Classification From LUP - Developed & Urban Transitional (B) AEC(s) Involved: PT, EW, ES m Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing - Public Sewer Planned - South Brunswick (F) Type of Structures: Existing - Townhouses, road, golf course, marina Planned - Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters m Other Disturbed High Ground 66 acres (D) Total Area Disturbed: Approximately 66 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting to replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. T Marsh Harbour Resort Paee 2 9. PROJECT DESCRIPTION The Marsh Harbour 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 bulkhead walls. There are existing piers and docks within the marina basin providing boating access. This 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 50'. Much earth work will be required during the development of the property. The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L.L. C., on October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit. 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1 1/2" of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100 % of the runoff from the impervious area will be captured in an infiltration basin or proposed storm water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the last permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED IMPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit X for Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling.pursuant to NCGS 113-229 Issued to Marsh Harbour Resorts, LLC,10155 Beach Drive, Calabash, NC 28467 ' authorizing development in Calabash Brunswick Permit Number 11-97 County at Calabash River, Beach Drive off of Hwy. 179, as requested in the permittee's application dated 518/00 including attached workplan drawings, 2, 3, 6-13, and 15A-B of 15, all dated 3/31/00, 4,5, 14 and 15 of 15, all dated 3/10/00. This permit, issued on U 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) In keeping with approvals granted by the Town of Calabash on 7/26/99, the authorized hotel facility shall have a maximum of 900 rooms. 2) In no case may any structure exceed any height limits set by the Town of Calabash. 3) The 10' wide boardwalk around the edge of the bulkhead shall be wooden and elevated slightly above the adjacent substrate elevation. (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 Departmental approval. All work must cease when the ppermit expires on December 31 hg.2000 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. nna D.Moffitt,Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemmittee Page 2 of 5 ADDITIONAL CONDITIONS Shoreline Stabilization 4) The authorized bulkhead alignment, as depicted in the attached workplan drawings, must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure: 7) The bulkhead must be solid and constructed of treated wood, concrete'slabs, metal sheet piles or other suitable materials approved by department personnel. 8) The backfill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Excavation and Fill 9) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. 10) Excavation shall not exceed ten (10) feet below the elevation of mean low water in the access channel, and eight (8) feet below the elevation of mean low water in the canal and boat basin. In no case shall the depth of excavation exceed that of the connecting waters. 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation authorized by this permit. This written notification shall include: A. The number of the original permit. B. A statement that no dimensional changes of the dredge area are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be excavated, the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The date of map revision and the permittee's signature shown anew on the revised plan. NOTE: A determination by Division personnel that the spoil disposal site is inadequate to contain the material resulting from the requested maintenance dredging will require that either a) the amount of material proposed for removal be reduced to an amount equal to the holding capacity of the disposal site, or b) a new disposal site(s) be located and approved by Division personnel by way of a modification to this permit. Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit #11-97 Page 3 of 5 12) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 13) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Marina Development and Operation 14) The existing marine pumpout sewage disposal facility shall be,maintained and operable for the life of the marina. 15) The marina will display a signs showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 16) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation "of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. 17) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 18) This permit authorizes a maximum of 257 boat slips. 19) 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. 20) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 21) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Marsh Harbour Resorts ADDITIONAL CONDITIONS Permit #11-97 Page 4 of 5 22) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers; to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. Sedimentation and Erosion Control 23) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 24) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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 Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405, to determine if a modification to Mining Permit No. 10-07 is necessary. Stormwater Management 25) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 12/20/99 (Permit No. SW8920522). Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Marsh Harbour Resorts _ ADDITIONAL CONDITIONS Endangered Species Protection Permit #11-97 Page 5 of 5 26) To avoid impacts to the federally -endangered red -cockaded woodpecker (Picoides borealis), prior to the removal of any pine trees greater thanor equal to 10 inches dbh (diameter at breast height) or 30 years of age within the project boundary, surveys shall be conducted for active red - cockaded woodpecker cavity trees in appropriate habitat within a 1/2 mile radius of the project's boundary. The results of these surveys and a description of the tree removal must be coordinated with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the red -cockaded woodpecker may pine tree removal commence. _ 27) To avoid impacts to the federally -endangered wood stork (Mycteria americana), prior to the removal of any large trees in or within 500 feet of the normal high water mark of any water body, or prior to undertaking any impacts to waterbodies within the project boundaries, including the raising or lowering of water tables, the permittee shall coordinate with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the wood stork may pine tree removal commence. General 28) No vegetated wetlands will be excavated or filled outside of the area indicated on.the attached workplan drawings.. 29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project General Water Quality Certification No. 3274 (DWQ Project No. MOM), which was issued on 7/21/00. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200001404. Form DCM-MP-1 APPLICATION*, (To he completed by all applicants) b. City, town, community or landmark CALABASH" NC 1. APPLICANT c. Street address or secondary road number 1.0155 BEACH DR., CALABASH,")NC a. Landowner: Name MARSH HARBOUR RESORTS, LLC Address 10155 BEACH DRIVE City CALABASH Zip 28467 Day Phone Fax (910) 579-0714 b. Authorized Agent: Name MR. DON SAFRIT State NC Address 11 CAUSEWAY DRIVE (910) 579-0733 City OCEAN ISLE BEACHState NC Zip Fax 28469 Day Phone (910) 575-7263 (910) 575-4737 C. Project name (if any) MARSH HARBOUR "RESORT NOTE. Pe" dl will 6e isnwd in loot oflmdowner(1), and/or projea raw. 2. LOCATION OF PROPOSED PROJECT d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) CALABASH RIVER AND MARSH HARBOUR MARINA 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. LAND DEVELOPMENT, HOTEL AND CONDOMINIUMS, TOWNHOME CONSTRUCTION, BULKHEAD, MAINTENANCE REPAIR MINOR FILL OF EXISTING MARINA b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH c. Will the project be for public, private or commercial use? ALL , d. Give a brief description of purpose, use, methods of. construction and daily operations of proposed project. If more space is needed, please attach additional pages. GRADING. 'DRAINAGE. EROSION CONTROL PER NCDENR AND LOCAL REQUIREMENTS ASSOCIATED WITH MULTI -USE LAND DEVEL- OPMENT:PROSECT. EXISTING MARINA INFRASTURCTURE WILL BE IMPROVED, REPAIRED, AND ALTERED. 1 ,t DIVISION OF An,^I Aeenia.nr&ar-nrr Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 212 ACRES b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NW APPROXIMATELY 10' TO 50" d. Soil type(s) and texture(s) of tract SAND AND COQUINA e. Vegetation on tract SCRUB PINE, PAMPAS GRASS, COASTAL..BERMUDA GRASS, MAINTAINED GOLF COURSE,.. AND LANDSCAPED AREAS. f. Man-made features now on tract GOLF COURSE, EXISTING MARINA, GOLF CLUBHOUSE, LIMITED NUMBER OF EXISTING TOWNHOUSES (4 BLDGS) g. What is the CAMA Land Use Plan land classification of the site? (c4w+k +he local lad we per) Conservation _ Transitional x Developed _ Community Rural - Other h. How is the tract zoned by local government? PUD ' L Is the proposed project consistent with the applicable zoning? X Yes No (Aaach zoning compliance anlificate, if applicable) j• Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? --!-Yes _No Coastal (marsh) X Other If yes, has a delineation been conducted? YES (Anoch dononenmtion, if available) 1 � tll DIVISION OF COASTAL MANAGEMENT m. Describe existing wastewater treatment facilities. BRUNSWICK COUNTY Future: SBWASA (South Rrunewick Water & Sewer Authority n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down' and residential discharges.) 100% PERCENT OF,IMPERVIOUS SURFACE RUNOFF COLLECTED IN INFILTRATION BASINS WITH 50' GRASS SWALES FOR BYPASS RUNOFF BEYOND FIRST 1.5" OF RAIN. o. Describe existing drinking water supply source. BRUNSWICK COUNTY AND CAROLINA BLYTHE S. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. PROVIDED WITH PAST SUBMISSIONS • An accurate, dated work plat (mcluding plan view and cross -sectional drawings) drawn to scale in black ink on an g 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue4ine prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location.map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03M Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary SUBMITTED CONCURRENTLY -+:COPIES PROVIDED • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone * SEE ATTACHED LIST • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACOE #199701640, NC CAMA #11-97, NC STORMWATER PERMIT SWB 920522, CESAW-0080- 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day of '" kY 12gp, PrintSAF2r i Sign re or Awhmiud Ag N-000-291 *NAMES MAY BE DIFFERENT/PREVIOUS YlND a mdreate attachments pertaining to your proposed • A check for $250 made payable to the Department of P Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A X DCM MP-2 Excavation and Fill Information x DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. i if lei 1 Vl 1, t Revised 03195 DIVIS',- OF COASTAL Mf ' AGEMENT Form DCM-MP-2 EXCAVATION AND FILL (Except 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. ascribe below the purpose of proposed excavation or fil ctivities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boaz basin Boat ramp Rock. groin Rock breakwater Other (Excluding shoreline stabilization) Average Fled t&ft Project wtam 200' 1 ; 150' 1 5' BLS 115'ASL MEHVE HA", 0 8 2000 cD DIVISION OF rOASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area . N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? Yes _ No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No N/A If yes, where? BACKFILLING A PORTION OF AN EXISTING AREA PREVIOUSLY EXCAVATED FOR COQUINA MINING AND MARINA CONSTRUCTION FOR UPLAND DEVELOPMENT. APPROXIMATELY 138 LF. OF NEW BULKHEAD WILL BE CONSTRUCTED. Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No N/A f. Does the disposal include any area in the water! Yes _ No N/A If yes, (1) Amount of material to be placed in the water N / A (2) Dimensions of fill area N/A (3) Purpose of fill APPROXIMATELY 5500 CUBIC YARDS ASSOCIATED WITH FILL AT NORTHERN END OF EXISTING MARINA b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? x_ Yes _ No EXISTING MARINA, If yes, NO WETLANDS a. Type of shoreline stabilization (1) Dimensions of fill area 200' BY 150' X Bulkhead X Riprap APPROXIMATELY (2) Purpose of fill CONVERT PRIOR UPLAND AREAS ' , bLength 6330 EXISTING BULKHEAD (RIPRAP t BULKHEAD) BACK'.TO UPLAND',AREAS FOR DEVELOPMENT. . . 565' TO BE REMOVED, 1415' MODIFIED AND 4350' OF RIPRAP REPLACED WITH BULKHEAD. NEW'TOTAL-5765' c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months (Source of v+jormadon) 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? SILT FENCE, SEDIMENT BASINS, SHEET PILINGS, AND APPROVED SEC PLAN. f. Type of bulkhead or riprap material WOOD, CONCRETE, RIPRAP, SHEET PILINGS b. g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfill N/A C. h. Type of fill material SAND COQUINA OTHER NATIVE SOILS i. Source of fill material ON -SITE 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No R �u What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? BACKHOE Will wetlands be crossed in transporting equipment to project site? —Yes X No If .yes, explain steps that will be taken to lessen environmental impacts. UaL : 1.r r Revised 03195 DIVISION OF COASTAL MANAGEMENT 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-1. 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, I 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 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 APPROV7r , ONE WILL BE SUBMITTED AT S D YS PR OR 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 tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, impervious and/or built -upon pavement, buildings, rooftops, vehicular driveways or parking. to be covered by surfaces, such as or to be used for. 27.57 HOWEVER, (SEE BACK) RECENT Pr, 0.8 2000 DIVISION OF ^nnerAI.p ANAGEMENT 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? ,Y_ Yes No If yes, date submitted SW8 920522-1986 OWNERSHIP NAME CHANGED .TUNE 10, 1997. Describe proposed method of sewage disposal. BRUNSWICK COUNTY — SBWASA (South Brunswick Water & Sewer Auth.) j. Have the facilities described in Item i. above received state or local approval? YES (Amach appropriate da—zadan) FLOW ACCEPTANCE LETTER k. 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). 5URFACE RUNOFF ONCE. TREATED By APPROED BMP MEASURES Describe proposed drinking water supply source (e.g. well, community, public system, etc.) BRUNSWICK COUNTY WATER SYSTEM, CAROLINA BLYTHE, in. Will water be impounded? _ Yes X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Iv lam U Lou✓ Date Revised 03195 A. APPROXIMATELY 18 TOWNHOME UNITS, 8 TENNIS COURTS, -A SPORTS/EXERCISE COMPLEX AND AN OFFICE/PROPERTY MANAGEMENT BUILDING. G. 100% IMPERVIOUS RUNOFF TO BE COLLECTED AND TREATED IN INFILTRATION BASINS. Marsh Harbour Impervious area within the 75' CAMA buffer. AREA F7 Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57848.90 1.33 Hotel 14842.30 0.34 Mid -Rise 7453.01 0.17 Total 166788.06 3.83 Total area within the 75' buffer 1 606181.501 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. RECE Z.RDMAY 0 COASTAL DIVISION OF MANAGEMENT Proiect Description — Marsh Harbour Resorts D EcElvE MAY 0 12000 OF COASTALISION MANAGEMENT The applicant, Marsh Harbour Resorts, is requesting re -issuance of the existing permit (Number 11-97) for Marsh Harbour Resorts so that development of the project may continue, as well as, authorization of a revised development plan. The existing Marsh Harbour Marina and Townhouse Complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, North Carolina, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and marina development project. The property was sold and the permit was transferred to Charles Kronenwetter in 1988 and allowed to expire in 1991. The property reverted back to the original owner and a new permit was obtained June 13, 1997. The property was transferred to the current applicant in July 1999 and the existing permit was transferred to the current applicant on October 5, 1999. The majority of the 212-acre project site is relatively undeveloped. The site is vegetated by scrub pine, pampas grass, coastal bermuda grass, landscaped areas and a maintained golf course. Townhouses are located near the entrance to the development, off of Highway 179, in the northwest corner of the property as well as a management/office complex, swimming pool, tennis courts, and associated parking lots. A dirt/marl road provides access to the dock master's building, fuel pumps, sewage pump out and existing 16.9 acre marina which are located in the northeast portion of the property. An eighteen - hole golf course, Marsh Harbour, associated clubhouse and paved access road from Highway 179 exist on the southem/central portions of the property. The applicant is requesting permit authorization for the construction of a seven story, 1200 room hotel and convention center with swimming pools and associated parking deck, four Mid -rise condominiums, twenty condominiums, a clubhouse, a shop, and restaurant. Additionally, 0.68-acres of the existing marina (which was created by excavation of upland) will be filled (coastal waters with no associated wetland/marsh) for development of four of the condominium units. Maintenance/repair and/or replacement of the existing marina bulkhead and riprap area is also being requested. Paved access roads and associated parking areas will also be constructed. Finally, approximately 9 infiltration ponds, designed to NCDENR stormwater requirements will be constructed to collect the first 1 �/z inches of run off from 100% of impervious surface and will have 50' (minimum length) grass swales for bypass event discharges. Future plans include the development of approximately eighteen townhouse units, eight tennis courts, a sports/exercise complex and a property management office. These sites will be designed according to NCDENR and CAMA Standards at the time of submittal. COASTAL DIVISION OF MANAGEMENT DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT L APPLICANT'S NAME: Marsh Harbor Marina/Odell Williamson 2. LOCATION OF PROJECT SITE: Existing marina and associated multi -family development site, 10155 Beach Drive S.W., Calabash, NC, adjacent to Calabash Creek, in Brunswick County. Photo Index - 1995: 3-27 I-R, 11-14 1999: 194-6 M-X, 19-22 State Plane Coordinates - X:2130000 Y:50000 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/23/96 5/14/96 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 10/25/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Calabash Land Classification From LUP - Upland -Developed, Waters -Conservation (B) AEC(s) Involved: EW,PT,ES (C) Water Dependent: Yes - Marina No - Upland Development (D) Intended Use: Commercial/Residential (E) Wastewater Treatment: Existing - Carolina Shores Treatment Plant Planned -Same (N) Type of Structures: Existing - Marina basin w/ docks, 5 of 38 townhouses (16 of 250 units), swimming pool Planned - Additional docks, remainder of townhouse units, hotel, and recreational facilities. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER Ground disturbance (A) Vegetated Wetlands (B) Non -Vegetated Wetlands - Open water 16.9 acres (Marina basin & entrance channel) (C) Other Highground development 25 acres Dredge spoils disposal area 1 acre WJ rotas Area insturuea: sa.i acres (E) Primary Nursery Area: No (F) Water Classification: SA Open:CLOSED 8. PROJECT SUMMARY: The applicant is requesting the re -issuance of the Marsh Harbor Marina permit, so that development of the project may continue. The original permit expired on 12/31/89. The new ownership of the project wishes to have the permit transferred to them, as well as, authorize a revised development plan and provide for periodic maintenance dredging of the existing marina basin. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Marsh Harbor Marina/Odell Williamson Page 2 9. The existing Marsh Harbor Marina and Townhouse complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, in Calabash, NC, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and marina development project. Throughout the project's fourteen year history, the project has completed several modifications to the original design, while maintaining an annual permit renewal. The property was sold and the permit transferred to Charles Kronenwetter in 1988, and the permit was subsequently allowed to expire in 1991. The property has reverted back to the applicant, who wishes to obtain a new permit to continue the multi -family development, and provide for maintenance excavation of the existing marina basin. The majority of the 27.6 acre project site remains undeveloped. The site is vegetated by planted grasses and wild volunteer species of various weeds, grasses, and woody shrubs. Of the thirty-eight (38), three-story multi -family townhouses originally proposed, only two (2) have been constructed. These are located near the entrance to the development, off NC Hwy 179, in the northwest corner of the property. The management/office complex, swimming pool, and tennis courts and associated parking have also been completed in this area. Marl roads provide access to the 12.7 acre marina basin and the dock master's building, which is located in the southeast property corner,adjacent to the mouth of the marina entrance channel. Fuel pumps, sewage pump -out station, and transient docks are located there as well. The three (3) main docks into the center of the basin have been constructed and there are approximately 100 boats currently docked at the facility. The marina was permitted for 257 boat slips. Yet to be constructed are D dock (41 slips), E dock (63 slips), G dock (8 slips), and the remainder of the transient floating dock (230 L.F.), between E dock and the fuel dock. The applicant's application indicates a 12.7 acre marina basin, however, including the basin extension and entrance channel, the open water area is approximately 16.9 acres. The waters of Calabash Creek are classified as SA, by the NC Division of Environmental Management, and are CLOSED to the harvest of shellfish. The waters have not been designated as primary nursery area (PNA), by the NC Division of Marine Fisheries. The applicant proposes to complete the previously permitted development, according to the newly submitted plans. This would include approximately 25 acres of highground disturbance, by grading and site preparation. The remainder of townhouse condominium structures have been redesigned into nineteen (19) multi -unit complexes, totaling 216 units. A 297-room, seven -story hotel, with food service facilities has been added, and associated parking and roadways. Two additional swimming pools, and two tennis courts are proposed, as well as, the remainder of marina docks and piers. The applicant states that the project has completed Stormwater Certification, permit #SW8920522. The applicant is also requesting authorization for maintenance excavation within the existing marina basin. The applicant had recently obtained a CAMA General Permit to remove a small amount of material from the fuel dock area (GP-0157120 D), but wishes to have the ability to maintain the entire facility in the future. A mechanical/dragline excavator would be used for periodic maintenance by placing excavated material directly into trucks and hauled to the spoils disposal area. The applicant owns and proposes to use two 1/2 acre lots for spoil disposal of dredged material. These lots are located in Boundary Estates, just west of the Marsh Harbor Marina property. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-39573900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Williamson/Marsh Harbor Page 3 10. ANTICIPATED IMPACTS The proposed completion of the Marsh Harbor development would disturb approximately 25 acres of highground, and subsequently, create a significant amount of built upon area and impervious surface adjacent to the marina basin. Periodic maintenance excavation of the marina basin will create spoil material in volumes ranging from several hundred cubic yards to one hundred thousand cubic yards, if maintenance excavation was performed on the entire 16.9-acre marina basin and entrance channel at one time. The proposed spoil disposal site would not be adequate to accommodate a large scale maintenance excavation project of this facility. Submitted by: E.F. Brooks Date: 11/4/96 Office: Wilmington 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Harbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index -1225: 3-27 Grid J, K, L-11, 12, 13 IM: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - %: 2 130 000 Y: 50 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present - Engineer Was Present 5. PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash Land Classification From LUP - Developed & Urban Transitional (B) AEC(s) Involved: PT, EW, ES a Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing - Public Sewer Planned - South Brunswick (F) Type of Structures: Existing - Townhouses, road, golf course, marina Planned - Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters Other Disturbed High Ground 66 acres (D) Total Area Disturbed: Approximately 66 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting to replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Marsh Harbour Resort 9. PROJECT DESCRIPTION The Marsh Harbour 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 bulkhead walls. There are existing piers and docks within the marina basin providing boating access. This 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 50'. Much earth work will be required during the development of the property. The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property. and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L.L.C., on October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit. 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1 '/a" of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100 % of the runoff from the impervious area will be captured in an infiltration basin or proposed storm water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the last permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED IMPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Barbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index - IM: 3-27 Grid J, K, L-11, 12, 13 1282: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - X: 2 130 000 Y: 50 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present - Engineer Was Present 5. PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land .Use Plan - Town of Calabash Land Classification From LUP - Developed & Urban Transitional (B) AEC(s) Involved: PT, EW, ES ® Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing - Public Sewer Planned - South Brunswick (F) Type of Structures: Existing - Townhouses, road, golf course, marina Planned - Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED TLLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters m Other Disturbed High Ground 66 acres (D) Total Area Disturbed: Approximately 66 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting to replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Marsh Harbour Resort Paee 2 9. PROJECT DESCRIPTION The Marsh Harbour 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 bulkhead walls. There are existing piers and docks within the marina basin providing boating access. This 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 50'. Much earth work will be required during the development of the property. The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the'upland property and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L. L. C. , on .October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit. 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1 r/2" of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100% of the runoff from the impervious area will be captured in an infiltration basin or proposed storm water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the last permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED Il1IPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Harbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index -1225: 3-27 Grid J, K, L-11, 12, 13 IM: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - X: 2 130 000 Y: 50 000 3. 4. 5. 6. 7 INVESTIGATION TYPE: CAMA Dredge & Fill INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present - Engineer Was Present PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash, Land Classification From LUP - Developed & Urban•Transitional (B) AEC(s) Involved: PT, EW, ES Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing - Public Sewer Planned - South Brunswick (I) Type of Structures: Existing - Townhouses, road, golf course, marina Planned - Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A 'Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters Other Disturbed High Ground 66 acres (D) Total Area Disturbed: 'Approximately 66 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting to replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. A, Marsh Harbour Resort Pace 2 9. PROJECT DESCRIPTION The Marsh Harbour 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 bulkhead walls. There.are existing piers and docks within the marina basin providing boating access. This 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 50'. Much earth work will be required during the development of the property. The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L.L.C., on October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit. 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the fast 1 1/2" of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100% of the runoff from the impervious area will be captured in an infiltration basin or proposed stone water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the hest permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED IMPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Harbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index -1225: 3-27, Grid J, K, L -11, 12, 13 IM: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - X: 2 130 000 Y: 50 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present - Engineer Was Present 5. PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash Land Classification From LUP - Developed & Urban Transitional (B) AEC(s) Involved: PT, EW, ES © Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing-, Public Sewer Planned - South Brunswick (F) Type of Structures: Existing - Townhouses, road, golf course, marina Planned - Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABTTAT DESCRIPTION: [AREA] DREDGED kTLLED OT HER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters m Other Disturbed High Ground 66 acres (D) Total Area Disturbed: Approximately 66 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUN EUARY: The applicant is requesting to replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Marsh Harbour Resort Page 2 9. PROJECT DESCRIPTION The Marsh Harbour 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 bulkhead walls. There are existing piers and docks within the marina basin providing boating access. . This 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 50'. Much earth work will be required during the development of the property. . The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L.L. C., on October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit.. _ 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1 r/V' of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100 % of the runoff from the impervious area will be captured in an infiltration basin or proposed storm water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the last permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED IMPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark CALABASH:. NC. 1, APPLICANT c. Street address or secondary road number 10155 BEACH DR., CALABASH,-'NCa. Landowner: Name MARSH HARBOUR RESORTS, LLC Address 10155 BEACH DRIVE City CALABASH Zip 28467 Day Phone Fax (910) 579-0714 b. Authorized Agent: Name MR. DON SAFRIT State NC Address 11 CAUSEWAY DRIVE (910) 579-0733 City OCEAN ISLE BEACHState NC Zip Fax 28469 Day Phone (910) 575-7263 (910) 575-4737 c. Project name (if any) MARSH HARBOUR 'RESORT NOTE. Perndr will be irawd in name of lmdowner(r), and/or profed sir. 2. LOCATION OF PROPOSED PROJECT d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) CALABASH RIVER AND MARSH HARBOUR MARINA 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. LAND DEVELOPMENT, HOTEL AND CONDOMINIUMS, TOWNHOME CONSTRUCTION, BULKHEAD; MAINTENANCE REPAIR MINOR FILL OF EXISTING MARINA b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH c. Will the project be for public, private or commercial use? ALL d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. GRADING, DRAINAGE. EROSION CONTROL PER NCDENR AND LOCAL REOUIREMENTS ASSOCIATED WITH MULTI -USE LAND DEVEL- OPMENT.PROJECT. EXISTING MARINA INFRASTURCTURE WILL BE IMPROVED, REPAIRED, AND ALTERED. DIVISION OF ^An-kl 4 A A,I a r%r-a Art.lr Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 212 ACRES b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL APPROXIMATELY 10' TO 501. d. Soil type(s) and texture(s) of tract SAND AND COQUINA e. Vegetation on tract SCRUB PINE, PAMPAS GRASS, COASTAL.:BERMUDA GRASS, MAINTAINED GOLF COURSE, AND LANDSCAPED AREAS. f. Man-made features now on tract GOLF COURSE, EXISTING MARINA, GOLF CLUBHOUSE, LIMITED NUMBER OF EXISTING TOWNHOUSES (4 BLDGS:) g. What is the CAMA land Use Plan land classification of the site? (Conwh Oe local land use p1 J Conservation F _ Developed Rural - _ Transitional _ Community Other h. How is the tract zoned by local government? PUD'' i. Is the proposed project consistent with the applicable zoning? X Yes _ No (Anadi Zoning mmplfm - cenijicnn, ifappUwble) j. Has a professional archaeological assessment been done for the tract? _ Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? YES (Anadh donown"m, if mwilabk) 15 41,',1 10' 01 1 111 DIVISION OF COASTAL MANAGEMENT m. Describe existing wastewater treatment facilities. BRUNSWICK COUNTY Future: SBWASA (South Rrunswick Water & Sewer Authority U.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down' and residential discharges.) 100% PERCENT OF,IMPERVIOUS SURFACE RUNOFF COLLECTED IN INFILTRATION BASINS WITH 50' GRASS SHALES FOR BYPASS RUNOFF BEYOND FIRST 1.5" OF RAIN o. Describe existing drinking water supply source. BRUNSWICK COUNTY AND CAROLINA BLYTHE 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner„ of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. PROVIDED WITH PAST SUBMISSIONS • An accurate, dated work plat ('mcluding plan view and cross -sectional drawings) drawn to scale in black ink on an 8 IW by I1. white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) • A site or location_ map _is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. SUBMITTED CONCURRENTLY --=COPIES PROVIDED • A list of the names and completd addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy or 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone * SEE ATTACHED LIST • A list of previous state or federal permits issued for work on the project tract. Includepermit numbers, permittee, and issuing dates. USACOE #199701640, NC CAMA si11-97, NC STORMWATER PERMIT SWB 920522, CESAW-0080- 6. 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 conditions and restrictions contained in the permit. 1 certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day of tv bk'( , JO:�W, Print N ;bAJaL_D SAG2tT Sign re or AudwriZed Ag N-000-291 *NAMES MAY BE DIFFERENT/PREVIOUS LAND ind rzRtSattachm to our ro sed • A check for $250 made payable to the Department of Pl ind Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) if the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A ease t e en p g y p po project. X DCM MP-2 Excavation and Fill Information x DCM MP-3 Upland Development _ DCM W-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. 1010"1,10l115, ' I Revised 0319S DIVISF" F--! OF COASTAL M! yGEMENT Form DCM-MP-2 EXCAVATION AND FILL. (Except 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. escrrbe below the purpose of proposed excavation or frl ctivities. All values to be given in feet. Length wrath Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Fuld Existing Project 200'1.,.150' 1 5'BLS 1151ASL DIVISION OF COASTAL [MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include "coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERL4LL a. Location of disposal area N/A b. Dimensions of disposal area N/A C. Do you claim title to disposal area? _ Yes _ No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No N/A If yes, where? BACKFILLING A PORTION OF AN EXISTING AREA PREVIOUSLY EXCAVATED FOR COQUINA MINING AND MARINA CONSTRUCTION FOR UPLAND DEVELOPMENT. APPROXIMATELY 138 LF. OF NEW BULKHEAD WILL BE CONSTRUCTED. Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _ No N/A f. Does the disposal include any area in the water? Yes No N/A If yes, (1) Amount of material to be placed in the water N / A (2) Dimensions of fill area N/A (3) Purpose of fill APPROXIMATELY 5500 CUBIC YARDS ASSOCIATED WITH FILL AT NORTHERN END OF EXISTING MARINA b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? x_ Yes No EXISTING MARINA, If yes, NO WETLANDS a. Type of shoreline stabilization (1) Dimensions of fill area 200' BY 150' X Bulkhead X Riprap APPROXIMATELY (2) Purpose of fill CONVERT PRIOR UPLAND AREAS b. Length 6330' EXISTING BULKHEAD (RIPRAP + BULKHEAD), BACK"TO UPLAND'AREAS'FOR'DEVELOPMENT. 565' TO BE REMOVED, 1415' MODIFIED AND 4350' OF RIPRAP REPLACED WITH BULKHEAD. NEW TOTAL-5765 c. Average distance waterward of MHW or NWL N/A S. GENERAL d. Maximum distance waterward of MHW or NWL N/A a. e. Shoreline erosion during preceding 12 months (Source of lnformorion) f. Type of bulkhead or riprap material WOOD, CONCRETE, RIPRAP, SHEET PILINGS b. g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfill N/A C. h. Type of fill material . SAND COQUINA OTHER NATIVE SOILS i. Source of fill material ON -SITE 4. OTHER FILL ACTIVPPIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No R kki a How will excavated or fill material be kept on site and erosion controlled? SILT FENCE, SEDIMENT BASINS„ SHEET PILINGS, AND APPROVED SEC PLAN. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? BACKHOE Will wetlands be cr,ssed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. M,b2_%I AU'Rook Tni-,Dall , G(-c , —Aoolkant or Proled Name e n • n Revised 03/95 DIVISION OF COASTAL MANAGEMENT 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-1. 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 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 �PRUV1 , ONE WILL BE SUBMITTED AT LEAST 30 DAYS PR OR 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 tract 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) ��' 0 8 2000 ^nae"L BAHAGEMENT OF 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 the facilities described in received state or local approval? _ (Aearh appropriate dommmtwion) FLOW Item i. above YES ACCEPTANCE LETTER k. 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). SURFACE RUNOFF ONCE TREATED By APPRO rFD BMP MEASURES 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) BRUNSWICK COUNTY WATER SYSTEM, CAROLI14A BLYTHE, m. Will water be Impounded? _Yes X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A 1 v LVUP/ Date Revised 03/95 A. APPROXIMATELY 18 TOWNHOME UNITS, 8 TENNIS COURTS, 'A SPORTS/EXERCISE COMPLEX AND AN OFFICE/PROPERTY MANAGEMENT BUILDING. G. 100% IMPERVIOUS RUNOFF TO BE COLLECTED AND TREATED IN INFILTRATION BASINS. Marsh Harbour Impervious area within the 75' CAMA buffer. AREA FT Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57848.90 1.33 Hotel 14842.30 0.34 Mid -Rise 7453.01 0.17 Total 166788.06 3.83 Total area within the 75' buffer 1 606181.501 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. D E CE��� MAY 0DIV12000 COASTAL M ON OF AGEMENT ECE1[E MAY 0 12000 ProlectDescrintion— MarshHarbourResorts COASTAL DIVISION OF MENT The applicant, Marsh Harbour Resorts, is requesting re -issuance of the existing permit (Number 11-97) for Marsh Harbour Resorts so that development of the project may continue, as well as, authorization of a revised development plan. The existing Marsh Harbour Manna and Townhouse Complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, North Carolina, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and manna development project. The property was sold and the permit was transferred to Charles Kronenwetter in 1988 and allowed to expire in 1991. The property reverted back to the original owner and a new permit was obtained June 13, 1997. The property was transferred to the current applicant in July 1999 and the existing permit was transferred to the current applicant on October 5, 1999. The majority of the 212-acre project site is relatively undeveloped. The site is vegetated by scrub pine, pampas grass, coastal bermuda grass, landscaped areas and a maintained golf course. Townhouses are located near the entrance to the development, off of Highway 179, in the northwest corner of the property as well as a management/office complex, swimming pool, tennis courts, and associated parking lots. A dirt/marl road provides access to the dock master's building, fuel pumps, sewage pump out and existing 16.9 acre manna which are located in the northeast portion of the property. An eighteen - hole golf course, Marsh Harbour, associated clubhouse and paved access road from Highway 179 exist on the southem/central portions of the property. The applicant is requesting permit authorization for the construction of a seven story, 1200 room hotel and convention center with swimming pools and associated parking deck, four Mid -rise condominiums, twenty condominiums, a clubhouse, a shop, and restaurant. Additionally, 0.68-acres of the existing marina (which was created by excavation of upland) will be filled (coastal waters with no associated wetland/marsh) for development of four of the condominium units. Maintenance/repair and/or replacement of the existing manna bulkhead and riprap area is also being requested. Paved access roads and associated parking areas will also be constructed. Finally, approximately 9 infiltration ponds, designed to NCDENR stormwater requirements will be constructed to collect the first 1 '/z inches of run off from 100% of impervious surface and will have 50' (minimum length) grass swales for bypass event discharges. Future plans include the development of approximately eighteen townhouse units, eight tennis courts, a sports/exercise complex and a property management office. These sites will be designed according to NCDENR and CAMA Standards at the time of submittal. D Ec.g MAY 0 11000 D'VCOASTAL ISION OF MANAGEMENT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 31, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Hunter D. Adams 36 Carolina Shores Drive Carolina Shores, NC 28467-2601. Dear Mr. Adams: Thank you for your June 29, 2000 letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Island Development Group, LLC, in which authorization was requested to construct a resort complex adjacent to the Calabash River in Brunswick County. The Division appreciates your concerns about the proposed project, and we have looked very closely at the issues raised in your letter. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no resource concerns or objections were expressed by these review agencies that would justify denial of the permit application, and the Division determined that the proposed project was consistent with the Rules of the Coastal Resources Commission, as well as those of other State regulatory agencies. Consequently, the Division has issued a permit for the proposed activity, and a copy is being provided to you for your, information. Thank you again for your concern on this matter. Please feel free to contact this office if you should have any additional concerns relating to this issue. Sincerely, Doug Huggett Major Permits Coordinator Division of Coastal Management MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL 9LVD., RALEIGH, NC 27604 PHONE: 919-733-2293 FAX:919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-5748 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 31, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Golf Coast Realty, Inc. PO Box 4157 Calabash, NC 28467 Dear Sirs: Thank you for your May 25, 2000 letter concerning the Coastal Area Management Act (LAMA) Major Development Permit application submitted by Island Development Group, LLC, in which authorization was requested to construct a resort complex adjacent to the Calabash River in Brunswick County. The Division appreciates your concerns about the proposed project, and we have looked very closely at the issues raised in your letter. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no resource concerns or objections were expressed by these review agencies that would justify denial of the permit application, and the Division determined that the proposed project was consistent with the Rules of the Coastal Resources Commission, as well as those of other State regulatory agencies. Consequently, the Division has issued a permit for the proposed activity, and a copy is being provided to you for your information. Thank you again for your concern on this matter. Please feel free to contact this office if you should have any additional concerns relating to this issue. Sincerely, Doug Huggett Major Permits Coordinator Division of Coastal Management MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699.1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE:9I9-733-2293 FAX:919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SOqNRECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 2.877-623-6748 410/ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 31, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED. Marsh Harbor Yacht and Golf Club P.O. Box 4157 Calabash, NC 28467 Dear Sirs: Thank you for your September 2, 1999 letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Island Development Group, LLC, in which authorization was requested to construct a resort complex adjacent to the Calabash River in Brunswick County. The Division appreciates your concerns about the proposed project, and we have looked very closely at the issues raised in your letter. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no resource concerns or objections were expressed by these review agencies that would justify denial of the permit application, and the Division determined that the proposed project was consistent with the Rules of the Coastal Resources Commission, as well as those of other State regulatory agencies. Consequently, the Division has issued a permit for the proposed activity, and a copy is being provided to you for your information. Thank you again for your concern on this matter. Please feel free to contact this office if you should have any additional concerns relating to this issue. Sincerely, c5ly� Doug'Hugge Major Permits Coordinator Division of Coastal Management MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919.733-2293 FAX:919-733.1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SD% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT August 2,2000 Marsh Harbour Resorts, LLC 10155 Beach Drive Calabash, NC 28467 Dear Sir: The enclosed pemdtconstitutesauthonzah nunderthecoastalAreaManagementAct,andwhereapplicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Ifyou object to the permit or any ofthe conditions, you may request a hearing pursuant to NCGS I I3A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days ofthis decision on your permit You should also be aware that if another qualified party submits a valid objection to the issuance ofthis permitwithin twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The projectplan is subjectto those conditions appearing on the permit form. Otherwise, all work mustbe carried out in accordancewith your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. DH/amw Enclosure Very sincerely, Douglas Huggett Major Permits/Consistency Manager FIRST �� 1K .\nrL Ff Cw MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 910-733.2293 FAX: 919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-077-623-6740 JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY iPr' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT FAX TO: Tony M. 910 815 4543 FROM: Doug Huggett Permits and Consistency Unit Head Division of Coastal Management DATE: August 2, 2000 As you requested earlier today. MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHoNE:919-733-2293 FAX:919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1.877-623-6748 NORTH CAROLINA DEPARTMENT OF { ®�A ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT NCDENR JAMES B. HUNT JR. GOVERNOR FAX TO: Don Safrit 910 575 4737 BILL HOLMAN SECRETARY FROM: Doug Huggett Permits and Consistency Unit Head Division of Coastal Management DONNA D. MOFFITT DIRECTOR DATE: August 1, 2000 MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 2768E-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733-2293 FAX: 919-733-1485 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 5096 RECYCLED / 1090' POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT FAX TO: Marsh Harbor Resorts 910 579 0714 FROM: Doug Huggett Permits and Consistency Unit Head Division of Coastal Management DATE: August 1, 2000 MAILING: 1886 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27899-1688 PHYSICAL: 2728 CAPITAL BLVO., RALEIGH, NC 27604 PHONE: 816-788-2298 FA%:910-799-1466 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-628-6748 AUG.01'2000 06:56 9102514025 USAED WILMINGTON I #2667 P.001/003 M�0 wl.Nwh � fM Q,yip1ir1) NOl1VD1lS:rp I S30Vd � 3�i30J3h1d ld 3A H1NOw 3wLL•31�� 3tlfuVHp18 S,tl h �n `GQ a�b �•wlro�rNonolnv� � io IOHvwwo� s �wvH fu+w�IN 1�1 3P10�W3 371diO' .r� �i -ON XV!lVd ISL W w'WAI ryl P �VllIWSNv!!1 3lIWISa11� 133H5 �i3Q'I3N i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 60 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 .7uly 28, 2000 Regulatory Division Action ID No. 200001404 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural :Resources 1630 Mail Service Center 'Raleigh, North Carolina 27699-1638 Dear Mr. Hugget't: Reference the application of Marsh Harbour of the Army permit to replace existing shore. existing marina basin, 'place fill in the upper c the surrounding high ground adjacent to Calabash County, North Carolina. Zesorts, LLC for a Department ine stabilization around an nd of the basin, and develop River in Calabash, Brunswick The 'Federal agencies have completed reviowlof 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 jerformed in strict compliance with the attached plans, which are a part of thie;pe'rmi't. l 2. The fill material will be clean and free of any pollutants except in trace quantities. Metal 'products, organic materials, or unsightly debris will not be used. 3. The permittoe understands and agreaa that, if future operations by the United States require the removal, relocation, for other alteration, of the structure or work herein authorized, or if, in tO opinion of the secretary of the Army or his authorized representative, said tructure or work shall causo unreasonable obstruction to the free navigation rof the 'navigable waters, the permittee will be required, upon due notice f.ro the corps of Engineers, to remove, relocate, or alter the structural work of obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 4. No fill materials will be 'placed at any time, including temporarily, in any vegetated wetlands or waters outside the footprint: shown on the permit plans. This permit does not authorize any dredging. To avoid impacts to the Federally -endangered red -cockaded woodpecker EOO/Z00'd L99Z# NOZONIN'IIM Rvgl 9Z06T93OT6 99:90 0009,10'01`1V (Picoides borealis), prior to the removal of al equal to 10 inch dbh (diameter at breast 'height) project's boundary, surveys will be conduct woodpecker cavity trees in appropriate habitat i project's boundary. The results of these our tree removal must he coordinated with the Corps Service (USFWS). only after receiving concurrent work would not impact the red -cockaded woodp commence. pine trees greater than or Dr 30 years of age within the :d for active red -cockaded .thin a y, mile radius of the )ys and a description of the and the US Fish and Wildlife from the Corps that ''Proposed cker may pine tree removal 7. To avoid impacts to the Federally -endangered wood stork (Mycteria americans), prior to the removal of any large arid/or dead trees in or within 500 feet of the normal high water mark of ;any waterbody, or prior to undertaking any impacts to waterbodies, includi'n� the raising or lowering of water tables, within the project's boundary, the applicant will coordinate with the Corps and USFWS, only after receiving concur1re'nce from the Corps that the proposed work would not impact the wood stork may ,'the proposal commence. Questions or comments may be addressed toit'he undersigned at telephone (910) 252-4636. A. Richter ry project Manager Copies Furnished: Mr. John DOrney Division of Water Quality North Carolina Department of Environment and Natural Re5o=Cee 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr, Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 26516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 E00/E00'a L99Z4 NOL0NIW'IIM Q8'dSn 5ZO6T93OT6 99:90 OOOZ,TO'OnV comments Subject: comments Date: Wed, 19 Jul 2000 09:26:34 -0400 From: Raleigh.W.Bland@saw02.usace.army.mil To: Doug.Huggett@ncmail.net, Jeff.Schaffer@ncmail.net Attached are comments for Katherine Lamb (Dare) and Front Street Developers (Craven). (See attached file: fronts3.dcm.doc)(See attached file: lamb3.dcm.doc) I checked my records on Roanoke Properties and they have not responded to the MOA letter that I sent to them. I am unable to provide comments until they address the MOA concerns. I will be out of the office all of next week (either in the field or on leave). According to my tracking records, there are no other comments due next week other than those identified above. other project status: **Crabtree/McCloy-EFH issues (waiting on a revision or other action) We intend to deny if plans are not modified. **County of Currituck-objections from all Federal Agencies with recs. to deny (will elevate to RD if necessary). We intend to deny as proposed. **Dudley -has called and said he will modify plan. (will condition permit to shoreward alignment or deny). **Mike Johnson -has not responded to Agency concerns identified to him via c150. Intend to deny project as proposed or review modified plans. I understand he is talking with field staff and Charles Jones, but we also had major federal objections. Keep me posted. Thanks and have a good week! �q. Name: fronts3.dcm.doc Type: Microsoft Word (application/msword) F)fronts3.dcm.doc Encoding: base64 Description: Mac Word 3.0 Download Status: Not downloaded with message Name:lamb3.dcm.doc Type: Microsoft Word (application/msword) Dlamb3.dcm.doc Encoding: base64 Description: Mac Word 3.0 Download Status: Not downloaded with message I of 1 7/19/00 10:28 AM ,4s5?w ,5h:����� SL) 016 -Y-�tv,? o ,SZ '16 yrj,� 9 -rKj 0 a-* DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Marsh Harbour Resorts, LLC County: Brunswick LOCATION OF PROJECT: To replace existing shoreline stabilization around an existing manna basin, fill the upper end of the basin, and develop the surrounding high ground DATE APPLICATION RECEIVED COMPLETE BY FIELD: May 8, 2000 FIELD RECOMMENDATION: Attached: Y To Be Forwarded: N CONSISTENCY DETERMINATION: Attached: N To Be Forwarded: Y FIELD REPRESENTATIVE: Janet M. Russell DISTRICT OFFICE: Wilmington\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: L - /9- 00 FEE REC'D:$ 1400 PUBLIC NOTICE REC'D: � END OF NOTICE DATE: % - / 2-co ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: K l C) 75 DAY DEADLINE: 7 - ;l. I- oo - MAIL OUT DATE: 61 FEDERAL DUE DATE: 1 41 b 17 }"7 ON: 6 -,10 - Ov 150 DAY DEADLINE:�14 - 3- 6 a/ STATE DUE DATE: -/ — FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE CONMMNTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative _ y- on ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) �} State Property Office t l Division of Archives & History'7 _Q Division of Environmental Health Division of Highways — ,— 010 Wildlife Resources Commission?' 17 _ ' 09 Division. of Water Resources 6 Division of Marine Fisheries Submerged Lands DMF ' 1 G� 1� Recommendations for State Permit - MARSH HARBOUR RESORT The Wilmington Office, Division of Coastal Management, recommends that the permit be modified and renewed with the following conditions: Condition #1 and the "Note" that follows it on existing permit #11-97 can be deleted once proper documentation has been reviewed. Condition #3 on the existing permit needs to include language that says that the basin and connecting channel cannot be dredged deeper than the waters they are connected to in the Calabash River. Changes in the location and/or design of the spoil disposal site will require modification of this permit. Marsh Harbour Resort should have a NEW storm water authorization from Water Quality. Remove the note near the end of permit referring to New Hanover Mosquito Control Office since this project is in Brunswick County. Please add the following conditions: 1. The 10' boardwalk around the edge of the bulkhead will be wooden and elevated above the surface of the ground. 2. The new bulkhead work, across the existing basin upper end, must be constructed prior to the basin area being backfilled. 3. All new bulkheading must be structurally tight so as to prevent seepage of backfill materials through the structure. 4. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. 5. Backfill material for the bulkhead will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris is not acceptable fill. 6. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 7. The storm water control structures are to be inspected each year by the design engineering firm and certified to be properly maintained and working in compliance with the storm water permit. A copy of this certification is to be mailed to the Division of Coastal Management, Wilmington Office, for the file. Does this project have to meet the 30' buffer rule or not? State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: June 16, 2000 Alex Marks, Community Planner DCM/WIRO MAI NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review AM Harbour Resorts,V[C 10155 Beach Drive, Calabash, NC, Brunswick County Proposed Project: To replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Please indicate below your office's position or viewpoint on the proposed project and return this form by July 12, 2000. If you have any questions regarding the proposed project, please contact Janet M. Russell at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: V This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. RECEIVED SIGNED DATE 2111tio JUL 12 2000 COASTAL MANAGEMENT 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator FROM Alex Marks, Wilmington District Planner Ir SUBJECT: Marsh Harbour Resorts: Calabash, Brunswick County, Consistency Determination DATE: July 7, 2000 Summary Marsh Harbour Resorts proposes to replace the bulkhead and rip -rap around its marina basin, fill the upper end of the basin, and develop the uplands. The upland development will consist of a hotel and convention center with swimming pools and 73 foot tall parking deck, condominiums, townhomes, a clubhouse, a shop, and a restaurant. Four of the condominium buildings are proposed to be built on the filled portion of the marina basin. A 10 foot wide boardwalk is proposed around the marina basin. The project location is 10155 Beach Drive in Calabash. Impact on AECs According to the Division's Field Investigation Report the following AECs are involved: Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES). Waters at the site are classified SA and are closed to shellfishing. The area is not a Primary Nursery Area. LUP review The development proposal has been reviewed for consistency with the Calabash 1999 Land Use Plan Revision (LUP). Land Classification The LUP's Land Classification Map designates the upland area of the project as Developed. The LUP incorporates the CAMA definition for the developed class into its plan. The LUP also states that lots in these areas are nearly completely developed and that undeveloped lots could be developed by or before 2004. The CAMA defined AECs impacted by the proposal are classified as Conservation. The LUP incorporates the State definition for this land classification as well. Policy Discussion The LUP states that structures which prevent erosion are appropriate uses in the EW AEC when consistent with State rules. For the ES AEC the Calabash LUP states that only uses consistent with 15 NCAC 7H may take place. Development within the ES AEC must also be consistent with the Town's building and development ordinances. Areas which do not allow natural drainage must be limited to that necessary for development. RECEIVE[) JUL 12 2000 COASTAL MANAGRAPKi= Recommendation This project appears to be consistent with the Calabash 1999 Land Use Plan Revision provided all local, state, and federal requirements can be satisfied. CC: Bob Stroud, DCM Charles Jones, DCM Janet Russell, DCM Jon Sunburn, Town of Calabash I I u-, State of North Carolina Na 4-4-f c4 l w/ Department of Environment and Natural Resources , S Wilmington Regional Office Division of Coastal Management leGSe- t James B. Hunt, Jr., Governor wt Bill Holman, Secretary C"A r� Donna D. Moffitt, Director \� IVED 2000 MEMORANDUM: ( ✓1 a GEMENT TO: Jan Sanbome, LPO Calabash, NC, Brunswick Co. RE(OE�vE FROM: Doug Huggett Major Permits Processing Coordinator JUL 0 7 2000 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DIVISION OF COASTAL MANAGEMENT Applicant: Marsh Harbour Resorts, LLC Project Location: 10155 Beach Drive, Calabash, NC, Brunswick County Proposed Project: To replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2000. If you have any questions regarding the proposed project, please contact Janet M. Russell at 910/395-3900. 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. X 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. t 1 0• 1 '•/ �I DATE '7 - (o — o 0 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer JUL.13.2000 2:29PM NCDENR WIRO TOWN OF CALABASH PO BOX 4967 CALABASH NC 28467 July 6, 2000 Mr. Doug Huggett, Major Permits Processing Coordinator NCDENR Division of Coastal Management 129 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear Mr. Huggett, Please be advised that the Town of Calabash in special session, on July 20, 1999 continued until July 26, 1999 approved the HaxImur_.Resorts Reaorts,LLC project. This approval include e height limits that are tindicated in page 2, item 9 of the Project Description. One item on the same page indicated that there would be a 1200 room hotel. This number was changed to 900 in the approval given by the Town of Calabash. That is the only change and does not affect the overall project. If you have any further questions, do not hesitate to call me. ncerel y rs, Jon B. Sanborn, LPO cc: reading file JES%2 attachment "CEZVL .IUL ^ 7 2000 DL OF COASTAL'MAONNAGEMENT (910) 579-6747 R� NCDENR F JAMES A. HUNT JR. GOVERNDR '- F}BILL HOLMAN s.. l NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT June 22, 2000 V13 TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator RECEIVED JUL 2 0 2000 COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh Harbour Resorts --Don Safrit/Ladane Williamson PROJECT LOCATION: 10155 Beach Drive, Calabash, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around marina, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by July 13, 2000. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 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 memo. Signed���/// Date %- M AI LI NO: 1636 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLI NA 2769 D-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC Z7604 PHONE: 919-733.2293 FAX:919.733-1405 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM July 19, 2000 TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne /0 Habitat Conservation Program SUBJECT: CAMA/Dredge & Fill Permit Application for Marsh Harbour Resorts -Don Safrit/Ladane Williamson, 10155 Beach Drive, Calabash, Brunswick County, North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on July 18, 2000. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicants propose to repair failing bulkhead around an 18 year old high ground marina basin off the Calabash River, maintenance dredge the basin, and fill the upper end of the basin. Also proposed is the construction of a 7-story hotel/convention center, swimming pools, parking deck, 4 mid -rise condos, 80 town homes, 200 marina condos, a clubhouse, a shop, and a restaurant. Much of the spoil from the original marina basin construction appears to have been distributed around the site, particularly at the proposed hotel/convention center location. Except for existing dirt roads and parking areas, most of the site is stabilized with natural vegetation. Lower elevation areas, especially around the marina basin, appear to have moister soils, support mature willows and wax myrtle, and may qualify as jurisdictional (404) wetlands. Such wetlands provide ephemeral pools for amphibian reproduction and also provide habitat for raccoon, opossum, and various songbirds. Coastal wetlands occur at the mouth of the marina access channel along the Calabash River shoreline and provide excellent habitat for raccoon, opossum, waterfowl, wading birds, juvenile fishes, and estuarine invertebrates. In addition to their habitat values, wetlands provide water quality protection functions. The marina basin itself, due to its Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Marsh Harbour Resorts 2 07/19/00 size and the abundance of hard substrate, represents considerable estuarine habitat. Mullet and oysters were seen throughout the basin during our site visit. Area waters of the Calabash River are classified SA. Extensive earth movement and grading is anticipated at the site, giving the project high erosion and sedimentation potential. Sedimentation would be expected to elevate turbidity in public estuarine waters and may fill wetlands. Marina maintenance dredging, filling, and bulkhead repair would elevate turbidity of public waters, perhaps to the point of causing mortality of estuarine organisms. The placement of maintenance dredge spoils is as yet undetermined and could impact wetlands. Jurisdictional wetlands could be lost to building, road, or parking area construction and coastal wetlands could be filled during bulkhead repair. Impervious surface area would increase dramatically and, despite the construction of stormwater infiltration ponds, would not comply with proposed 30 ft. buffer rules slated for implementation in August, 2000. Based on these concerns, we recommend the following conditions to any permit that might be issued. 1. The applicants shall effectively implement an approved sedimentation and erosion control plan. 2. Marina maintenance dredging, filling, and bulkhead repair shall avoid the April 1 to September 30 period of peak biological activity. 3. Maintenance dredge spoil shall be placed in an approved, diked, high ground disposal area. 4. Site wetlands shall be delineated by the Army Corps of Engineers or a qualified consultant. Any wetlands encountered will be avoided by project construction if at all possible. If avoidance is not possible, wetland loss will be mitigated. 5. Project plans shall be modified to comply with the proposed 30 ft. buffer rules. Thank you for the opportunity to comment on this application. If you have questions regarding these comments, please call me at (252) 522-9736. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 August 2, 2000 Regulatory Division Action ID No. 200001404 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: RECEIVED AUG 0 4 2000 GOASTALMANAGEMENT Reference the application of Marsh Harbour Resorts, LLC for a Department of the Army permit to replace existing shoreline stabilization around an existing marina basin, place fill in the upper end of the basin, and develop the surrounding high ground adjacent to Calabash River in Calabash, 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: All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. 2. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 3. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 4. No fill materials will be placed at any time, including temporarily, in any vegetated wetlands or waters outside the footprint shown on the permit plans. 5. This permit does not authorize any dredging. 6. To avoid impacts to the Federally -endangered red -cockaded woodpecker (Picoides borealis), prior to the removal of any pine trees greater than or equal to 10 inch dbh (diameter at breast height) or 30 years of age within the project's boundary, surveys will be conducted for active red -cockaded woodpecker cavity trees in appropriate habitat within a'/2 mile radius of the project's boundary. The results of these surveys and a description of the tree removal must be coordinated with the Corps and the US Fish and Wildlife Service (USFWS). Only after receiving concurrence from the Corps that proposed work would not impact the red -cockaded woodpecker may pine tree removal commence. 7. To avoid impacts to the Federally -endangered wood stork (Mvcteria americana), prior to the removal of any large and/or dead trees in or within 500 feet of the normal high water mark of any waterbody, or prior to undertaking any impacts to waterbodies, including the raising or lowering of water tables, within the project's boundary, the applicant will coordinate with the Corps and USFWS. Only after receiving concurrence from the Corps that the proposed work would not impact the wood stork may the proposal commence. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, 11'J Jeffrey . Richter Regulatory Project Manager Y Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 3 BILL HOLMAN SECRETARY Marsh Harbour Resorts, LLC 10155 Beach Drive Calabash, NC 28467 Dear Sir: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 2, 2000 DIVISION OF COASTAL MANAGEMENT RECEIVED NOV 0 7 2000 COASTAL MANAGEMENT The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is DONNA D. MOFFITT retained by you and it must be available on site when the project is inspected for compliance. Please sign both the DIRECTOR original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition fora hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise. all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, Douglas Huggett Major Permits/Consistency Manager DH/amw Enclosure MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733.2293 FAX: 919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1.877-623-6748 Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission hermit Permit Number 11-97 RECEIVER NOV 0 7 20k X for Major Development in an Area of Environmental ConWASTAL MANAGEMEN 1 pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Marsh Harbour Resorts, LLC,10155 Beach Drive, Calabash, NC 28467 authorizing development in Calabash Brunswick County at Calabash River, Beach Drive off of Hwy. 179, as requested in the pennittee's application dated 5/8/00 including attached workplan drawings, 2, 3, 6-13, and 15A-B of 15, all dated 3/31/00, 4,5, 14 and 15 of 15. all dated 3/10/00. This permit. issued on ' is subject to compliance with the application (where consistent %%,ith the permit). all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine. imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) In keeping with approvals granted by the Town of Calabash on 7/26/99. the authorized hotel facility shall have a maximum of 900 rooms. 2) In no case may any structure exceed any height limits set by the Town of Calabash. 3) The 10' wide boardwalk around the edge of the bulkhead shall be wooden and elevated slightly above the adjacent substrate elevation. (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 Departmental approval. All work must cease when the ermit expires on December 31 hgA00 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. Donna D.Moffitt,Director Division of Coastal Management This per7't and its conditions are hereby accepted. Signature of Permittee Page 2 of 5 ADDITIONAL CONDITIONS RECEIVED Shoreline Stabilization NOV 0 7 2000 4) The authorized bulkhead alignment, as depicted in the attached workplan drawings, in be�s�'a e"d by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 8) The backfill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Excavation and Fill 9) In order to protect juvenile shrimp and tinfish populations, no excavation or filling will be permitted benveen April I and September 30 of any year without the prior approval of the Division of Coastal Management. 10) Excavation shall not exceed ten (10) feet below the elevation of mean low water in the access channel, and eight (8) feet below the elevation of mean low water in the canal and boat basin. In no case shall the, depth of excavation exceed that of the connecting waters. 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of anv maintenance excavation authorized by this permit. This written notification shall include: A. The number of the original permit. B. A statement that no dimensional changes of the dredge area are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be excavated, the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The date of map revision and the permittee's signature shown anew on the revised plan. NOTE: A determination by Division personnel that the spoil disposal site is inadequate to contain the material resulting from the requested maintenance dredging will require that either a) the amount of material proposed for removal be reduced to an amount equal to the holding capacity of the disposal site, or b) a new disposal site(s) be located and approved by Division personnel by way of a modification to this permit. Marsh Harbour Resorts Permit #11-97 Page 3 of 5 ADDITIONAL CONDITIONS RECFivF ! NOV 0 7 2000 12) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining strVQWBVlolftilMWAWtover of solids into any marsh or surrounding waters. 13) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Marina Development and Operation 14) The existing marine pumpout sewage disposal facility shall be maintained and operable for the life of the marina. 15) The marina will display a signs showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 16) No sewage, whether treated or untreated. shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. 17) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure. whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit moditcation. 18) This permit authorizes a maximum of 257 boat slips. 19) 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. 20) The authorized structure and associated activity mast not cause an unacceptable interference with navigation. 1) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. Marsh Harbour Resorts lre7-ffi 1-97 Nov 013h"60of 5 ADDITIONAL CONDITIONS GOASr'LMAN04EJWE47 22) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. Sedimentation and Erosion Control 23) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 24) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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 Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. to determine if a modification to Mining Permit No. 10-07 is necessary. Stormwater Management 25) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 12/20/99 (Permit No. SW8920522). Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Marsh Harbour Resorts REErpW 1RP-97 ADDITIONAL CONDITIONS NOV 0 7 20 iJ COASTAL MANAGEMENT Endangered Species Protection 26) To avoid impacts to the federally -endangered red -cockaded woodpecker (Picoides borealis), prior to the removal of any pine trees greater than or equal to 10 inches dbh (diameter at breast height) or 30 years of age within the project boundary, surveys shall be conducted for active red - cockaded woodpecker cavity trees in appropriate habitat within a 1/2 mile radius of the project's boundary. The results of these surveys and a description of the tree removal must be coordinated with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the red -cockaded woodpecker may pine tree removal continence. 27) To avoid impacts to the federally -endangered wood stork (Mycteria americana), prior to the removal of any large trees in or within 500 feet of the normal high water mark of any water body, or prior to undertaking any impacts to waterbodies within the project boundaries, including the raising or lowering of water tables, the permittee shall coordinate with the Corps of Engineers and the US Fish and Wildlife Service. Only after receiving concurrence from the Corps that the proposed work will not impact the wood stork may pine tree removal commence. General 28) No vegetated wetlands will be excavated or filled outside of the area indicated on the attached workplan drawings.. 29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: This permit does not eliminate the need to obtain any additional permits. approvals or authorizations that may be required. VOTE: The N.C. Division of Water Quality has authorized the proposed project General Water Quality Certification No. 3274 (DWQ Project No. 000822), which was issued on 7/21/00. VOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE _action Id. No. 200001404. LADANE `UILLIAMSON COMPANY, LLC Mr. Robert Stroud, Regional Supervisor Division of Coastal Management 127 Cardinal Drive Extension W'ilmino-ton. North Carolina 28405 RECEIVFn NOV 0 7 2000 May 4, 2000 COASTAL MANAGEMENT Subject: Marsh Harbour Resorts. LLC Signature Authority Dear Mr. Stroud: Please accept this letter as confirmation that Mr. Donald L. Safrit, Vice President for Horizontal Development. LaDane Williamson Company, LLC, has authority to sign the CAMA application forms and attachments associated with the subject project. The proper entity for permit purposes is Marsh Harbour Resorts, LLC If you have am questions regarding this matter. please do not hesitate to contact Mr. Safrit at (910)579-0 ; 33 or me at ('_ 12 )586-03 34. Since e )• LaDane Williamson. Managing Member Marsh Harbour Resorts. LLC 10155 BEACH DRIVE • CALABASH, NC • 28467 PHONE: (910) 579-0733 • PAX: (910) 579-0714 Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality Ms. LaDane Williamson, President Marsh Harbour Resorts, LLC 10155 Beach Drive Calabash, NC 28467 Dear Ms. Williamson: RECEIVED JUN 2 3 2001 COASTAL MANAGEMENT December 20, 1999 � i NCDENR NORTH CAROLINA DERARTMENT OF ENVIRONMENT AND Ni URAL RESOURCES RECEIVED JUN 2 3 200U COASTALMANAGEMEN7 Subject: Permit No. SW8920522 Marsh Harbour Marina High Density Commercial Stormwater Project Brunswick County The Wilmington Regional Office received a request to transfer ownership o&arsh Harbour Marina I December 16,1999. Staff review of the plans and specifications has determined that the proj ect, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 920522 dated December 20, 1999, for the construction of Marsh Harbour Marina. This permit shall be effective from the date of issuance until June 10, 2007, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, RSS/arl: cc: Rick Shiver Regional Water Quality Supervisor S:\WQS\STORMWAT\PERMIT\920522.JUN Alan Lewis, East Coast Engineering Delaney Aycock, Brunswick County Inspections Janet Russell, DCM Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No. SW8 920522 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, -Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Marsh Harbour Resorts, LLC Marsh Harbour Marina Brunswick County FOR THE construction, operation and maintenance of 8 infiltration ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 10, 2007 and shall be subject'to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the. application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. Each of the 8 infiltration basins has been designed to handle the runoff from a maximum amount of built -upon area, as described on Page 3 of this permit. 3. A total of 564,880 square feet of impervious area has been proposed for this development. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the. permit. 5. The tract and each infiltration basin drainage area will be limited to the amount of built -upon area as indicated on the approved plans and calculations. 2 State Stormwater Management Systems Permit No. SW8 920522 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Marsh Harbour Marina Permit Number: SW8 920522 Location: Brunswick County Applicant: Ms. LaDane Williamson, President Mailing Address: Marsh Harbour Resorts, LLC 2 Causeway Drive Ocean Isle Beach, NC 28469 Application Date: December 16, 1999 (Ownership Change) Water Body Receiving Stormwater Runoff: Calabash River Classification of Water Body: "SA" Basin # Impervious Required Provided Bottom SHWT Storage Drawdown Area Volume Volume . Elevation Elevation Elev Time ft2 ft' ft3 FMSL FMSL FMSL 1 90,942 13,480 13,480 6.4 4.4 8.4 <5days 2A 60,400 8,071 8,700 36 31.7 39 <5 days 2B 83,565 11,907 18,000 41 38.7 43 <5 days 2C 61,664 9,902 10,300 42 38.4 44 <5 days 3A 161,821 24,796 25,600 32.5 28.3 - 35 <5 days 3B 21,488 4,065 5,300 39 36.7 41 <5 days 3C 25,000 4,170 *36,320 41.5 38.3 43.75 1.9 hours 2D 60,000 8,700 9,000 40 37.5 43 <5 days Offsite Area entering Pond: None, per Engineer. All offsite runoff is routed around ponds. Type of soil: Sand, silt, clay Expected Infiltration Rate: .25" per hour (.5 feet per day) *NOTE: Basin No. 3C is designed for the 25 year storm with no overflow. All others are designed for a 1.5" volume, and must therefore be operated with.a 50' vegetated filter downstream of the overflow structure, prior to discharge into the harbour marina 3 State Stormwater Management Systems Permit No. SW8 920522 II. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency.,The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f.. Debris removal and unclogging of filter media, bypass, catch basins and piping. g. Access to the bypass structures must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of D WQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit; the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 7. A, copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 8. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 9. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The Director may determine that other revisions to the project should require a modification to the permit. State Stormwater Management Systems Permit No. SW8 920522 11. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Pernttee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. . 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,,the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DEHNR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified; revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 20th day of December, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t) -.r C A _ A-1 A A yl Kerr T: Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 920522 4A State Stormwater Management Systems Permit No. SW8 920522 Marsh Harbour Marina ' Stormwater Permit No. SW8 920522 Modification Brunswick County Designer's Certification I, as a duly registered the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project Owner) hereby state that, to the best ofmy abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date cc: NCDENR DWQ Regional Office Delaney Aycock, Brunswick County Building Inspector State Stormwater Management Systems Permit No. S W8 920522 PE Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the proj ect is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Delaney Aycock, Brunswick County Building Inspector State of North Carolina ' Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality 4 NCDENR NOR;rH CROuDEPARTMENT OF EI"RONMEWrAND .,NRUFAL RESOURCES WATER QUALITY SECTION L CMMNT PERM INFORMATION: Stormwater Management Permit Number., SW8 920522 1. Permit Holder's name: Marsh Harbour,Yacht & Golf' Links. \Inc. 2- Permit's signing Official's name and titld- Odell Williamson lk i President (person legally responsible for permit) 3. 51 1. - 2. Mailing address: 2 faimpw ay Drive City- mean . Tcl p State: —ic—Zip Code: 28469 Phone: (910)579-6222 FAX (910)579-7303 (Arta Code and Number) (Am Code and Number) NEW OWNF-R/NANM MORMATION This request is for X a. Change in ownership of the property/company _b. Name change Of Projector company. C. Other (Please explain): New owner's name (name to be put on Permit): Marsh Harbour Resorts, ild New owner's signing Official's name and title: -LaDane Williamson-, President I I-r,-,Y =sPOWIDIC for permit) 4. Mailing address: 10155 Beach Drive City: r Calabash Stater _-NC ZiP Code: 2_O 4 b8467 Phone: (910)579-0733 FAX 9 �7 -0 714 (Arta Code and N=bcr) Cod e d Number) Permit No. State of North Carolina Department of Environment and Natural Resources Division of Water Quality SW8 920522 (to be provided by DWQ) STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. L PROJECT INFORMATION Project Name: Marsh Harbour Resorts, LLC Contact Person: Don Safrit, P.E. Phone Number: 9( 10) 579-0733 This worksheet applies to: Basin No. * (as !denied on plans) * in Drainage Area (from Form SWU-101) H. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report Summary Soil Type Infiltration Rate * in/hr or cf/hr/sf (circle appropriate units) SHWT Elevation r fmsl (Seasonal High Water Table elevation) Basin Design Parameters Design Storm. Design Volume Drawdown Time Basin Dimensions ' Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation * inch _ (1.5 inch event for SA waters, I inch event for others) * c.f. * days * ft. x * ft. _ * sq. ft. (bottom dimensions) * c.f. * - Previously designed fmsl and permitted - See fmsl fmsl Attachment A. Form SWU-103 Rev 3.99 Page 1 of 3 IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT I. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads ' * feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. *- 75% of original design depth. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Donald Safrit, P.E., Vice President for Horizontal Developmen 10) 579-0733 Note: The legally responsible party shoullw t be a h ne ners association unless more than 5090 of the lots have been sold and a resident of the subdivision has been named the president. !I��DRO , a^Nototary Public for the State of blo R41, Caro 1 rn s County of U N A CCJ;; k do hereby certify that d� na L 1. • �r ' } personally appeared before me this R3 day ofno Iorx.„ be r t 4 4 9 , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, SEAL 1j) OFFICIAL SEAL 1 J-'.�hrr IIeYry PLLJk-Non�Cenllw BRUNSWICKCz;TY•J/ DOROTHEA S. FOX Form SWU- Daly &KrA Qon Expires I My commission expires 0(,- 01- 0200 q Page 3 of 3 MARSH HARBOUR RESORTS, LLC DEC 16 1999 I December 8, 1999 Ms. Linda Lewis, Environmental Engineer Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Subject: Stormwater Permit No. SW8 920522 Marsh Harbour Resorts, LLC Brunswick County Dear Ms. Lewis: I have received and reviewed your letter of December 3, 1999. Please accept this letter as confirmation that Mr. Donald L. Safrit, P.E., Vice President for Horizontal Development with LaDane Williamson Company, LLC, is authorized to sign the Operation and Maintenance Plan in my behalf. If we can be of any further assistance, please do not hesitate to contact Mr. Safrit at 579-0733, extension 202. Sinc e L ne Wil Lamson Pre dent cc: Mr. Donald Safrit 10155 BEACH DRIVE • CALABASH, NC • 28467 PHONE: (910) 579-0733 • FAX: (910) 579-0714 07/26/2000 09:49 9105790714 LADANE WILLIAMSON CO PAGE 01/02 Sent ay: LAND MANAGEMENT; 910 452 0000; Jul-2B-00 10:49AM; Page 1/2 LAND MANAGEMENT GROUP, INC. Environmental Consultants Post Office Box 2622 Wilmington, North Carolina 28402 PHONE No, 910-452-0001 FAX No: 910-452-QO60 Robert L- Moul Suite 14 Larry F. Baldwin Downey Branch Office Park W. Stephen Morrison 3805 Wrightsville Avenue G. Craig Turner Wilmington, NC 28403 PLEAS DELIVER THE FOLLOWING DOCUMENT(S) TO: THIS TR4NSMIT7TAL, IS FROM; NUMBER OF PAGES Z INCLUDING THIS COVER) DATE: V_Z,Ia6 TIME OF TRANSMISSION, --- of Post -If Fax Note 19 TIME RECEIVED: 7671 Date 7L2 Pa -' Fr_ f Fm � C0 L kAj - 2,29 Phone I o/ s I /FQ J Fax 0 K'!lO $%4 - 07/26/2000 09:49 9105790714 Sent Sy: LAND MANAGEMENT; ww� cu cuvu wCu lu,l4 mn LADANE WILLIAMSON CO PAGE 02102 91Q 452 0060; Jul-28-00 10:50AM; Page 2/2 FAX NO, P. 02 dte of North Carolina epartment of Environment and Natural Resources Division of Water Quality i James B, Hunt, Jr., Governor Bill Holman, Secretary Karr T, Stevens, Director July 21, 2000 DWQ# 00-0822 Brunswick County Marsh Harbour Resorts, LLC 10155 8oach Drive Calabash, INC, 29467 APPROVAL of 401 Water Quality CerMQcation with Additional Conditions To Whom It May Concern: You have our approval, in aeoordaneo with the washed conditions, to place Ell in 0-69 acre of non•vaEumtod wetlands in order to construct a now bulkhead around the manna on the Marsh Harbour Reson in Brunswick County, as you described in your application dated 19 June 2000. Aftur reviewing your application, we have determined that this work is covered by Gcnaral Water Quality Certification Number 3274. This Certification allows you to use your LAMA Permit when the NC Division of Cw5cal Managcmcnt issues it. In addition, you should get any other federal, state or local permits before you go ahoad with your project including (but nor limited ro) Sediment and Erosion Control, Coastal Stormwater, Noe-Dischivoe and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified In tho General Certification. This approval is only valid for the purpose and design that you doscribod in your application. If you change your project, you must notify us and you may be required to send us a new application for a Plow curuf coition, If Ellie property Is sold, the new owner must be given a copy of ilia Certification and approval letter and is lhomby responsible for complying with all conditions - If total watland Will for this project (now or In the future) exceed one acre, compensatory mitigation may be required as dueuribed In 15A NCAC 21il .0506 (h). For this approval m be, valid, you must follow the conditions listed in the attached certification and the additional condition listed below. 4. The activity shnli be conduePed in such manner as t0 prevent a significant increase in turbidity outside the area of conx6uction or construction rolued discharge (25 NTU's in all saltwater classes); If you do not accept any of the conditions of this ccrtirreadon, you may ask for an adjudicatory bearing. You must act within 60 days of the date that you receive this letter, To ask for a hearing, send a wrtuen petition which conrurms to Chapter 1509 of the North Carolina Central Statutes to the Office of Administrative flearinds, P.O. Box 27447, Roleigb, N-C, 21611- 7447, Thie acrdfleation and its conditions are final and binding unless you ask for a hearing. This letter complete, the review of the Division of Water Quality under Section 401 of the Clean Wator Act. If you have any questions, please telephone John Dorney at 010-713-9646, Sincerely-, l Kerr Stevens 0 Ncin•Dischorge Branch • 1021 Moll Service Cantor Raleigh North Caeollno 27699-1621 Telephone 919-733-1786 FAX ► 733-9950 MEqual apaorhi iNAMen011veActionErrGlovere0%I,cyclog119ftpastccNumerpapa, projects Subject: projects C Date: Mon, 17 Jul 2000 14:54:24 -0400 From: Cyndi Karoly <cyndi.karoly@ncmail.nety To: doug.hug�jett@ncmail.net, jeffschafer@ncmail.net le ,i l (, e., C�a 4 Q AA, rIwr Dare Co, 00-0829 and Brunswick Co, 0-0822 both in our RO with reed dates here ®6/20. I'll ask the RO to ioritize these if they can. Note that the Corps has already sent the Brunswick Co applicant a letter requesting better quality maps, so let's hope the RO finds the application acceptable to work with. 1 of 1 7/18/00 8:04 AM NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT June 23, 2000 TO: P. A. "Ski" Wojciechowski Submerged Lands Program Director Division of Marine Fisheries - FROM: Douglas V. Huggett Major Permits Processing Coordinator o�N�oT� [} _. SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Marsh Harbour Resorts, LLC RECEIVED JUL 2 4 2000 COASTAL MANAGEMENT LOCATION: 10155 Beach Drive, Calabash, NC, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around an existing marina basin. If you have any questions regarding the proposed project, contact Douglas Huggett at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY _� The instrument attached to the application covers the project area. The instrument is a valid document which conveys property rights. _,ZThere are no known public trust conflicts. There appears to be public trust conflicts. It is recommended that changes be made to the project to eliminate or reduce public trust conflicts as discussed in the attached memorandum or on the reverse side of this reply. x Signed Date MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2726 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733-2293 FAX: DID-733-14D5 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 DONNA D. MOFFITT DIRECTOR Noe T `T MEMORANDUM NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT �tti i 7 1'G June 23, 2000 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: l%rsh Harbour Resorts --Don Safrit/Ladane Williamson PROJECT LOCATION: 10155 Beach Drive, Calabash, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around marina basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 13, 2000. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293 when appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached Signed / Dat •.... MAILING: 1638 MAIL SERVICE CENTERS RALEIGHo NORTH CAROLINA 276DR-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 019-733-2293 FAX:919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RE C D 10% POST -CONSUMER PAPER DENR 4EE&1 :1-677-623-6748 it NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT Wd''vertNO" COASTAL ARANAQ MENt June 23, 2000 RECEIVED JUN 2 6 2000 DILL HOLMAN "`'""" MEMORANDUM State Property Offer DONNA D. MOFFITT TO: Mr. Joseph H. Henderson, Director DIRECTOR I`_ State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh Harbour Resorts —Don Safrit/Ladane Williamson PROJECT LOCATION: 10155 Beach Drive, Calabash, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around marina basin, etc Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 13, 2000. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY' / This agency has no objection to the project as proposed. t/ 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 commen J Signed �-a� Date as� MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 910.733-2293 FAX:919.733-/493 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POET -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623.6748 a @I1:x110M 13:53 11051"9), .4.1 4111.4XII W1 197 PGOS 15 BRUNSWICK COUNTY SC 01/27/9B $600.00 ', TH INA Real Estate Excise Tom Tom IAI No ...... P,,rrI IJOSIAMr N. virfordor Or.." nn IN. 1, .1 to 11C 9i —T T- P J?: 59 Ias.4..SmI t1P_&1B F01k,qjxby Ad. Adviince, NC .21006. ....................................................... 11 GII.M.D.C.r.1 Wil I I ..$on 114.1 d ...... tit'. I., M. I'd'. NORTH CAROUNA CrNrkAL WARRANTY DEED TOM DINED d. IN, ...231d, d.r It . Jfiri 10W, so eras.. GILANY0111 GRAFT= 013111 DeCARDAL WILLIAMSON 4" LtUARE DALLAS W. WITH Sort! d6, WILLIAMSON (Johnsirly IBCAU-E WILLIAMSON -OILM S. MITI ,111PICT14111, at tertst,ft unit., I.1L,,.Rh.t dated December 29. 19012, r4th (11111 Williftl0l. Inn V1,1.1. C., 1111110n10m at Grantors 479 Fork Bixby Rnad Adlaflm NC 27006 016 TN droxv..11— C.M. —] C,I,W . .. ... d k ..... . 1.13 1.0.1. ..'a .-P-, .10, h0j� . ........ , .d 4.11 WPM. .1 ... I., PN ... 1, —IMI.. r .. 1.1 .. .. ... !., .. br —1..t. %ITM1"zfR, PAM U. C—, In, . -..IJ1P*1JV4 11011 IT tht GrISIOL Ph* ricilpt or kith 11 hr?vPpy mI:N,.Wdv1, L. WA 6, 11mr. % .... 1, d.......1. b .... N. ..a 1.1 .m1....... I&. CY..W. I. Ir. 0.0, .11 IMP „41. 14 ., POO f IPP.d AMNJ 1. in. Cit, rl OCIP111 file 0C1111 ... —Shftl torte. Irtinwelic... -. .C.+e1R NurIL W1a11m and m,l. Pr1.......Jvtllel is BEING al I a Let ID. I. 11WN 04.11 INS V I r,th IN US I I Irmi Ir,.,..bJ. Tr,P.t SvIbdi0sk, a in.. a. I NP th .... f 11card.d In Rip B.NIi I , P.,QfL. In the Bmvsvlck County PUb11C R191stry. CET r. � �ImcjL TOTAL 10 — 10 Q06 TCN-�N—JnLe RR'l fD CKAWIRWIZU"il V7 CAVI 'REF —rY Inleetoxce My, t.'riTFtl;S; L� SOIj La _ %�P, F;lZ i.l.'lA 'sy Raal o Tax x IO55HOWL 2 95 OCT -2 4R 9: 20 r..IMOI i;l<ili ! 1 1iP 4arlriml by. . . .. ...... .. r•mnp• rn 0.c .le^ of th by......................................... .. ... . .. SSsil after reeordiar to. Richard. P. . Gor%Y0. 48 01 r1 Farmstead Rd., Chcacr, NJ 01930 This instrument nos prepared by . _Odel l _ UCCarol Ill I 1 i soon uri.f derarb,tl.., iun , the te: Lot 0. Irrovoce,le Lust Sphd. z NORTH CAROLINA GI NIERAL NATZRAN"i'X Milli" TN15 betc, m.da this ....1G.kh . dap or . SelrGemhpr._. ... . 19 95 , by end I.A.'e„ c=...e.rrrmn runnnev —� OOELL OaCAROL 'd1LLIMSOD and LaOfd:i RICRARG P. GORYCB and .:I fa. 'dILLWISON (Formerly LaCANE NILLIAMSON LESUE A. CGRYEB GULLINGTON), as Trustee: under instrument dated Oncember 29, 1928, 111 th Odell liillieMn and Virginia Cox Williamson as Grantors 48 Old Farmstead Rd. Cheater, IW 07930 rmar no ., rrw:iaro blc::: 5o1 saeh peetrr r,.r., saran.., —A a .......bl,, emnr, r.a. n•rmr�n+n m nen,,:ne,. The teul;pmtlnn Crania, and G,nntee as used here!n �_Lail Include sold parties, their heir, n........s. ard o,sicnn, and .all iv made earulnr. plural, masculine, fm,anine nr ntotc, n. reyoind hY cnntert. WITNFSSSTN, tbnt the Grar or, for o ralaabin enaaidoralhm paid by the Granlu, the rarcht of which In h... by acknowledged, has and by tiers presents Lees grant, bargain. tell and convey un.a Ibb Granter In kn simple, all that certain lot or parcel of land sit rated in the City r,f Ocean is ie Beach Shal lotto .. BrUnSYd Ck. .. . County, North Corona, and more pomirnt.rl, dr..rribvl ran fn:bvr: BEING all of Lot B, in the Odell and Virginia Williamson Irrevocable Trust Subdivision ae shah on a map theren' recorded in Map Cabinet 7, Paye 16 in the Brunswick County Public Registry. i0i^. to-coJ ., tavo.ot. Tor Sa 11'..YY_ . Yam— BH 1069 N 1 133 Brunniek count, ae OIAV16 ]00.00 nano ..' ,,. M403Y�' Baal a x Tax os3D�NA k e Excise Earle ha 16,7:m 1133 95JAM 12 1.119:15 i,ihlf li. �: t:: CCCBS� ;:0u!fsbirr; Er.�;.•ll. ^.r„ 'a., n•nn .ne Pees Tax Lot No. ............................ 11nrcel Id,,116nr No. 2571EC09 Verified by County nn the day of 10 by.......... ...... .. mail after racardmg to .David Kurt Schmidt, 204. Turquoise Creek Or., Cary, NC 27513 This instrument wn, prepared by. Odell OeCarol Williamson Edef desrripunn fur the nine. Lot 9 irrevocable Trust Subd. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made thin ._2pd—. day of January 19 96 , I, and belween ODELL WILLIAMSONNOL (formerlyNLaDANE WILLIAMSON CAROL ANNTSCHMIDT and wife, BULLINGTON), as Trustees under instrument dated December 29, 1988, with Odell Williamso and Virginia Cox Williamson as Grantors tTurquoise Creek Drive Cary, Nor y, North Carolina 27513 Enre 1. .Pproaw.le nlnea far orh 1.111: n.mr. aea.n....a. If .......1.b. rn.ne,.r.1 mmr. e.o..^.oeraunn n, Nr.nenn�l. The desigahlion Grantor and G,Aalee s used herein .bull im,lude avid parties• their heirs• aucceerur, and ..sign., sod .hall Include .insular, plural, masculinv� feminine ar neuter as re,luir,d by coolest. WITNESSETH• that the Grantor, for A valuable lonsid... lion p„id by the Grantee. [be receipt of which is hereby acknowledged, has and by these presents does ¢rant• bargain, sell and convey unto the Granlve in fee simple, all that certain lot or Partel of land ail,mted in the City nt Ocean Isle. Beach Shal lotte Town,hip. Brunswick County. North Ca..He;, And more puliculaN, klclihed Aa hdlnw,: BEING all of Lot 9, in the Odell and Virginia Williamson Irrevocable Trust Subdivision as shown on a map thereof recorded in Map Book Z , Page 16 in the Brunswick County Public Registry. 000006 TOTAI 10.00 1sM 700�0 1 ID-- Ia57S Q Dog la— ti7�yL I fXAI..1—rlJl 3V.td� 3057k9y3G59 ---- nr.n„a„••r.n•„nw•.len,e. n.a.•i x•wl+. �.....u..n. ,.....o, ,,,., _I_`E Lill r75el P.A,E 02 Dmisswick County —Register of Deeds Robert J. ROM risen Inst 930751 1300k 11/19/1999 03 :581ino 1343Pdage 371 Redl t boa ,25170 R .... dlne Time Book and Pa Be Tie 1.1? V-1. Payed Identifier No. v"In'd by C..Wy on the do, of Y.d after ii,,o,dio, t5 _dM'LPd A. Associates, P.A. Cs40q Beach Dr. S.W., Ocean isle Beach, Plc Th.. natr.mo-t sras I'll -led Edmund y_ Liles, Attorney P.ri,f i­rLI%t1en faT It,% Incoo! LOT j, 7RR-_ OCABLE TRUST SUB ' NORTH LMLINA GENERAL NVARRAINTY DEED 5 1 NCVEt4B--R 1999, THIS DEED made this day of by lend between CRA'I TOR RANTEE BROWN LIMITED PARTNERSHIP (;EOR6E R. BROWN and Wife, JANE:B. BROWN 144 ;WEST THRUsToN DAYTON, 01110 45419 CONDITION '00H QUA _jYY DUE To CONDITION OF OP -GIN , nOCOMENI P,,,I, bl�,,"l is, and. it •UpliplI.11. ih.1­1,r of Wiln calmall-n or ... his. ,he designo'ib Go or an is as Used heroin shall in0nde said parties. theirihairs. succoatord. and assigns. and ob.11 inel.de singular, plvrol. Imascaline. feminine or riome, ., o,.ired by conbe,,I. . 'XIINESSET11, that to, Gngtnr, for . v.,NaIbta co.. id ... (ban ;.id b, the G,.nt,ii, the receipt of which is hereby af)tn,wIrdrcd, has and by three presents does cant. berpin, sell and convq vr.t. the Grant'e in fee simple, all that 11I 1t."n Incl, pll�cj f ).no iT,_.tcd in the City of I I SHALLOTTE: Township. C,Ilt,Nell); Carolina and mare piltllutlrly described as' oflowl: I -K:I:G all of Lot 'i, in the Odell and Virginia Williamson Irrevocable Trust as shown of a map zhereof recorded in Map :Book Z, Page 16 in 217%;:15.1cl: Coulty Public Registry. BOOK PLGE 1008 nQ01 ..• STATE or ' 0 RpLINA .yt. :.Lh151e= F.xnts Tax ((P 000.0CI :f_11-I931Lh._ �- Excise Th. /odd I fnlp ;ta gir.icif. Alt':1 . _ 94 110V 10 All 9: 19 RGGERT J. ROBINSON REGISIER aF OEEDS BRUNSWICK CL'ONiL N.C. C',^ •tune, Moak end Poe. Tax Iul No. panel Identifier No. 257IED06 .. . ...................... Verified by County on the day of .. ..... �......., 19...... .... by. . . . ............ Mail after recording to Donald D. Peterson, Rt. 4, Box 510, Wilkesboro, NC 28697-9336 . ........................... ........................................... This instrument was proparod by Odell Decarol Williamson ...... Hrief description for the index NORTH CAROLiNA GENERAL WARRANTY DEED THIS DEED made this 10th day of October , 19 94 , by and between GRANTOR GRANTEE ODELL DeCAROL WILLIAMSON and LaDANE DONALD D. PETERSON and wife, WILLIAMSON (formerly LaDANE WILLiAMSON DONNA L. PETERSON Bullington), as Trustees under instrument dated December 29, 1988, with Odell Williamson BE. 4, Box 510 and Virginia Cox Williamson as Grantors WILKESBORO, NC 28697-9336 ■nMMI0Oe�■ Eat" In .......let. hl.ek roe ..eh p.,1y: lane, eddreu, and. 1f appnprhie, chancier of en1117, ea. rsMumllon ar parlar,Wlp. The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and shall include singular, plural, maeeuline, feminine or neuter as required by context. WITNESSETH. that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which in hereby acknowledged, has and by these preemlls does grant, bargain, sell and convey unto the Grantee in in simple, all that certain lot or parcel of loud atln.lc,I in the Cily of Ocean isle Beach Shal lotte ,._ - Township, Brunswick County. Nrrrlh Carolina and more particularly described as fallow•s:' BEING all of Lot 6, in the Odell and Virginia Williamson Irrevocable Trust Subdivision as shown on a map thereof recorded in Map Book, Pagel§_ in the Brunswick County Public Registry. REI." TOTAL- D' REV W& TC y. t9 WC111,10 CASH BT— I e'bu \._n'L•rm ].r 3\ 1.11.gmwa l ob Prepared by and nail to: William G Burgin, III (without title examination) TUGGLE DUGGINS & MESCHAN, P.A. Post Office Box 2888 Greensboro, North Carolina 27402 NORTH CAROLINA BRI.TISWICK CO1.tNTY n r. O m ,n o y -' s x n a �I •e s This Deed made this 2e day of February, 1999 by and between PATRICIA K. HINSHAW (also known as Patricia A.K. Hinshaw) hereinafter nefemd to as 'Grantor". and WALTER ERIC �J HINSHAW (also known as W.- Eric Hinshaw), whose address is P.O. Box 388. Mcbane, North Carolina 27302, heminafter referred to as "Grantec". The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter, as required by context. WIT NES_5rTII . That the Grantor, in consideration orOne Dollar (SI.00) and other valuable consideration paid by the Grantee, the receipt orwhich is hereby acknowledged, has and by these preMls does grant, bargain, sell, transfer and convey unto GRANTEE in fee simple all thou certain lots or parcels of land situated in Shallotte Township, Brunswick County, North Carolina and more paitiatlndy described as follows: BEING all of Let 1, in the Odcll and Virginia Williamson Irrevocable Trost Subdivision as shown on map thereof recorded in Map Cabinet 7, page 16, in the Brunswick County Registry. THIS CONVEYANCE is made pursuant to N.C. General Statute §39.13 310 with the "press intention of dissolving the tenancy by the entirety of Grantor and vesting the property hereinabove described solely in the Grantee. The Grantor has also executed this warranty deed with the intent to vest title to the property hereinabove described solely in the Grantee, free and clear of arty rnarital interest of the Grantor, including without limitation, any right to receive the Property by (i) equitable distribution under N.C. Gen. Stat. § SD-20 et seq.; (ii) dower and any and all common law, eortstitutiona] or siamtory rights afforded the Grantor in lieu thereof. (iii) inheritance, dissent or distnbution or in arty manner or way whatsoever upon Grantees death, including the right to dissent from Grantees Iasi will and testament. Grantor and Grantee acknowledge and agree that CJramee may bencefomh own. hold, manage, alienate, lease, sell, convey, transfer, assign or encumber the property hereinabove desonbed without the knowledge, further consent orjomder of Grantor in as full a manner as if Grantor and Grantee were unmarried, TO HAVE AND TO }HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Gramecin fee simple. And the Grantor covenants with the Grants, 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 dear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Tide to the propery hereinabove described is subject to the following exceptions: 1. Easements, restrictions, rights of way and encumbrances, if any, and ad valorem taxes for the current year. 2. Memorandum of Lease in favor of Kingsdown, Incorporated recorded in Book 1217, page 1003, Brunswick County Registry. . Ilnaeav+ir3c County—RC9istcc of Deeds Robert J. Robinson ]nest 116077 Dook 1309page 214 06/11/1999 11:46,no nncl I4R10- rJ. NO TAXABLE CONSIDERATION GENERAL WARRANTY DEED l M IG33 G31 s4ux: a ill a,ry aea os-as-vs $600. CIO srrrc: Fg�` pLirdA Real Estate !i• t ![� Excise Tax Tax Lat Fa. ._ CeriGed by.. ....... ......_. by . .. W, _.1033 3J i . • <ml Lf G;iSlYi:;a i::.. r:n, rt blrnti'r:r ;+••. 2G71 EOOF7 to Llall.(ar rewnnng to .. L. Richardson Preyer, 3309 Carriage ir'ai 1, Ill llsborough, NC 272711 Thin ins:run.eat will prepared by Ode!I DeCarol Will famson olief description far W,e hulex Lot 7 Irrcv r1r aF� In inl;t�rl r� NORTH CAROLINA GIINI:RAL WARRANT)' DEED ---- THIS DEED made V,13 -9th .... day of May —T it, 95 , by aeA 1"t", n nn nn�mnn I GIIM1!t'I'EF: ODELL OeCARCL WILLIAMSON and LIDANE L. RICHARDSON PREYER and wlfe, W!LLIAIISON (Formerly LaDANE WILLLiMsoll MARILYN JACOCS PREYLR GULLINGTON), as Trustees under instrument date December 29, 1988, with Odell'Wil l iamsor, and Virginia Cox Williamson as Grantors 330 Carriage Trail Hillsborough, HC 27278 a:nn, lu lil:aprmre W." mr,,rl r."'I e.nle..nnna. Ina. 11 .nP,e>.r,rq m.vn.r nr e:•Ns, 1.1. ru.r^.+inn ar p,rrne„n,y The desi,ewt! . Cnmtor and Grantee as uoed herein A 11 i, hide said p;ntbii. their heirs, sucoemn:r, l I nsxinna, :,nd ehail inrlusla singulnr, p!nral, rnaseuur, , ferrhlr, ur beater ax renairud hp rmdelt. WITNESSETH, Ihut the Grunter, fnr a 1'alnnbl, amsider,ni„n paid by the Grnnke, the ,,lnL of I,1d,h le herruy ar1..tadCcd, N.. Ind by those pr,s,.0 does grant, bargnin, cell nod canvq' mna th, fnmtat in he olmple, all that mrininlet ar p:,M of land:itnotm:m the City a t' Ocean Isle Beach I Shal)Otte ,nunxh;p, Brunsi,4 ek Cnonty. North Carnlina'nd ', a p:utic„laxly near, hod ;:, Ldbnrr: BEING all of Lot 7, in the Odell and Virginia Williamson Irrevocable Trust Subdivision as shmm on a mao thereof recorded in Hap Cabinet Z, Page IG in the Brunswick County Public Registry. F , ry 7 L^ a59s e ro.op 16pooY0 sot y dJ�.+o, Colo .0ro /ors CI- BY_, yJ` State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director MEMORANDUM: TO: FROM: SUBJECT: June 16, 2000 Mr. William A. McNeil, Director Division of Community Assistance IL"WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Doug Huggett Major Permits Processing Coordinator Q �UL 1 U Cp'I ,5 eudU TA4SAGE,WEiVT CAMA/DREDGE & FILL Permit Application Review Applicant: Marsh Harbo sorts, LLC Project Location: 10155 Beach Drive, Calabash, NC, Brunswick County Proposed Project: To replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2000. If you have any questions regarding the proposed project, please contact Janet M. Russell at extension 249. 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 JAIkI DATE 6� / G (� O 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 91 An Equal Opportunity Affirmative Action Employer s1 NCDENR JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY i DONNA D'. MOFFITT_.^ DIRECTOR y}- 0 MEMORANDUM TO: FROM: SUBJECT: { NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT June 23, 2000 Mr. L. A. Sanderson, P.E. Highway Administrator Division of Highways Doug Huggett REV-7 "I'D r JUL G 7 66jp COASTAL MANAGEMENT Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh HarbgW Resorts --Don Safrit/Ladane Williamson PROJECT LOCATION: 10155 Beach Drive, Calabash, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around marina basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 13, 2000. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 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 �mme s. Signed // Date S�Jf�Tol�J Bo/rcS &;i.gda� [fI►T1� l MAILING: 1636 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PNoNE:919-733-2293 FA%:919-799-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-677-623-6748 AR NCDENR JAMES H. HUNT JR. GOVERNOR R .�: BILL NOLMAN ri. SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT June 23, 2000 U1 u / ._a_O1 lu TO: Ms. Linda Sewall, Director Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh Harbour Resorts —Don Safrit/Ladane Willhamson w. PROJECT LOCATION: 10155 Beach Drive, Calabash, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around marina basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 13, 2000. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. 6' 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. Sign D rx Pst%P �f Date 3� o MAILING: 1698 MAIL SERVICE CENTERS RAL[IOX, NORTH CAROLI NII 27699-1636 PHYSICAL: 2726 CAPITAL BLVD., RALEIGH, NC 27606 PHONE: DID-733-2293 FAX: DIG-733•1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER • 50% RECYCLED / 107.' POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6746 -JAME6 B-HUNT.J "GOVERNOR , 6ILL HOLMAN Y f NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT JUN 2 7 i. June 23, 2000 SHELLFISH SANITATION MEMORANDUM TO: Ms. Linda Sewall, Director Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh Harbour Resorts --Don Safrit/Ladane Willliamson PROJECT LOCATION: 10155 Beach Drive, Calabash, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around marina basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 13, 2000. If you have any questions regarding the proposed project, please contact Doug Huggett at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY /This agency has no objection to the project as proposed. �v T ' agency haAno comment on t]}e 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 (/XLGti� Date ECG "� MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27690-1638 PHYSICAL: 2728 CAPITAL SLVD., RALEIGH, NC Z7604 PHONE: 919-733-ZZ93 FAX: 919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623.6748 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT RECEIVED JUL 0 7 2000 COASTAL MANAGEMENT June 23, 2000 t , ra i+ MEMORANDUM i 1)1M;Oi'4 OF WATER RESOURCES TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh Harbour Resorts --Don Safrit/Ladane Williamson PROJECT LOCATION: 10155 Beach Drive, Calabash, Brunswick Co. PROPOSED PROJECT: To replace existing shoreline stabilization around marina basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 13, 2000. If you have any questions regarding the proposed project, please contact Doug Haggett at 733-2293. When appropriate, in-depth comments wdth supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date 2 nh) ■�i1:4s71 M AI LING: 1636 MAIL SERVICE CENTERt RALEIDH� NORTH CAROLINA 27699.1636 PHYSICAL: 2726 CAPITAL BLVD., RALEIGH, NC 276" PHONE: DI D-722.22D3 FA%: D1 D-722-1496 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - BOX RECYCLED / 10% PORT -CONSUMER PAPER DENR ToLL FREE HOTLINE: 1-877-623-6746 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director June 16, 2000 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MEMORANDUM: TO: Charles F. Stehman, P.G., Ph.D., RFC Environmental Regional Supervisor I JU Division of Water Quality/Groundwater Section COASTAL FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE n®�L Permit Application Review Applicant: arllM sh Harbour Resorts, LLC Project Location: 10155 Beach Drive, Calabash, NC, Brunswick County Proposed Project: To replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2000. If you have any questions regarding the proposed project, please contact Janet M. Russell at extension 249. When appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper PpState of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director A NCD1 NORTH CAROLINA ENVIRONMENT AND NAP MEMORANDUM: June 16, 2000 TO: Mr. Charles Gardner, Director Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator RECEIVED JUN 21 ZGGJ COASTALMANAGEMEN7 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Marsh Harbour Resorts, LLC Project Location: 1�0155 Beach Drive, Calabash, NC, Brunswick County Proposed Project: To replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2000. If you have any questions regarding the proposed project, please contact Janet M. Russell at extension 249. 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. X This agency approves of the project only if the recommended changes are incorporated. Sid. awl. rLJV.,4 Q �, W4 1p-post l Vi 141 PTe1�4. This agency objects to the project for reasons described in the attached comments. I. SIGNED DATE Jew lot, 2-o00 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 June 21, 2000 Action ID.: 200001404 Applicant: Marsh Harbour Resortf LLC County: Brunswick Waterway: Calabash River Work: Replace Existing Shoreline Stabilization, Bulkhead Mr. Larry Hardy Dr. Garland B. Pardue, Field Supervisor National Marine Fisheries Fish and Wildlife Enhancement Service, NOAA U.S. Fish and Wildlife Service Pivers Island Post Office Box 33726 Beaufort, North Carolina 28516 Raleigh, North Carolina 27636-3726 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before July 21,2000. Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4636. Enclosure Copies Furnished (without encl): V Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Sincerely, kt�� .—I �*�- Jeffrey H. Richter Regulatory Project Manager Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS -� 69 DARLINGTON AVENUE WILMINGYON, NORTH CAROLINA 28403 REPLY TO June 27, 2000 ATTENTION OF: Regulatory Division Action ID No. 200001404 RECEIVED Marsh Harbour Resorts, LLC JUL 0 3 �uUO 10155 Beach Drive SW GOASTAL MANAGEMEN I Calabash, North Carolina 28467-2701 Dear Sir: On August 5, 1996, we renewed general permit No. 198000291 (copy enclosed), that provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received June 12, 2000, for Department of the Army authorization to replace existing shoreline stabilization around an existing marina basin, place fill in the upper end of the basin, and develop the surrounding high ground adjacent to the Calabash River in Calabash, Brunswick County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Although we will begin processing of your application, we cannot finalize the permit until adequate plans are provided. Your plans including a geographical location map, a plan (overhead) view and an elevation (side) view must be submitted on no larger than 11-inch by 17-inch white paper. Please famish these plans by July 7, 2000. Comments from Federal review agencies will be famished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its finther management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbors Act and Section 404 of the Clean Water Act, has been assigned Action II No. 200001404. It will be coordinated by the undersigned, available at telephone (910) 25 ) 4636. Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. John Domey Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 2763 6-3 726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Sincerely, Jeffrey H. Richter Regulatory Project Manager Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U. S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. Don Safrit 11 Causeway Drive Ocean Isle Beach, North Carolina 28469 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 Regulatory Division Action ID No. 200001404 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1162 Dear Mr. Dorney: June 27, 2000 RECF/VZD JUL 0 3 2p00 COASTAt �ANAGE;NENT Reference the application of Marsh Harbour Resorts, L,LC for Department of the Army authorization and a State Water Quality Certification to replace existing shoreline stabilization around an existing marina basin, place fill in the upper end of the basin, and develop the surrounding high ground adjacent to Calabash River in Calabash, Brunswick County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 10 of the River and Harbor Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the Clean Water Act. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by August 22, 2000, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Regulatory Project Manager Copy Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North CaroGrm 27636-3726 July 12, 2000 Colonel James W. DeLony District Engineer, Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attention: Mr. Jeffrey Richter Dear Colonel DeLony: RECEIVEn JUL 18 2000 COASTAL MANAGEMENT The U.S. Fish and Wildlife Service (Service) has reviewed the CAMA-Corps General Permit Application (Action ID# 200001404), dated June 21, 2000. The applicant, Marsh Harbour Resorts, LLC, proposes to replace existing shoreline stabilization around an existing marina basin, fill the upper portion of the basin, and develop the surrounding high ground on their property adjacent to the Calabash River, in Calabash, Brunswick County, North Carolina. This is the report of the Service submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). The proposed action consists of replacing or repairing 5,765 linear feet of existing shoreline stabilization (rip rap and wooden bulkhead) with a bulkhead, filling 0.69 acres of a marina basin previously excavated from high ground, and constructing a hotel, parking deck, condominiums, townhomes, clubhouse, retail shop, and restaurant on the surrounding high ground. We do not oppose the issuance of a permit which would allow work to proceed; however, in an effort to minimize the impacts to fish and wildlife resources, and the utilization of these resources by the general public, we suggest appropriate sediment and erosion control measures be implemented to prevent any unauthorized discharge. Furthermore, section 7(a)(2) of the Act requires that all Federal agencies, in consultation with the Service, shall insure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any Federally -listed threatened or endangered species. A biological assessment may be prepared to fulfill the Section 7(a)(2) requirement and in determining whether formal consultation with the Service is necessary. To assist you in your determination of the effects of the action and, if necessary, the preparation of the biological assessment, we have enclosed a list of the Federally -listed endangered, .:n threatened, and candidate species that are known to occur in Brunswick County. We recommend surveys for all Federally -protected species be performed by comparing the habitat.requirements for these listed species with available habitat types within the action area, as defined in 50 CFR 402.02. Field surveys for species should be performed if habitat requirements overlap with that available at the project site. Please notify this office with the results of any surveys, survey methodologies, and an analysis of the effects of the action on any listed species, including consideration of direct, indirect, and cumulative effects. Based on recent findings of the Federally -endangered wood stork cteria Americana) in the vicinity of the proposed project, the Service strongly recommends performing field surveys. If wood storks are observed within the project area or potential habitat is found, the project has the potential to adversely affect this species, and you are recommended to contact this office for further information. The Federally -endangered red -cockaded woodpecker Ticoides borealis) is also known to occur in Brunswick County. If the project will be removing pine trees greater than or equal to 10" dbh (diameters at breast height) or 30 years of age in pine or pine/hardwood habitat, surveys should be conducted for active red -cockaded woodpecker cavity trees in appropriate habitat within 1/2 mile radius of the project's boundaries. If red -cockaded woodpeckers are observed within any of the project areas or active cavity trees are found, the project has the potential to adversely affect the red -cockaded woodpecker, and you should contact this office for further information. We appreciate the opportunity to comment on this permit application. Please continue to advise us of the progress of this project, including your official determination of the potential affect on Federally -protected species. If you have any questions or comments, please contact Mr. David Rabon of this office at (919) 856-4520, extension 16, or via email at david—rabon@fws.gov. Sincerely, �PDr. Garlandardue Ecological Services Supervisor Encl. cc: NCDCM, Raleigh, NC (Doug Huggett) NCDCM, Washington, NC (Bob Stroud) NCWRC, Raleigh, NC (Frank McBride) NCWRC, Kinston, NC (Bennett Wynne) NMFS, Beaufort, NC (Ron Sechler) EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welborn) FWS/R4:DRabon:7-I2-00:919.856.4520extensionl6:\0001404.wpd UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721 Executive Center Drive N St. Petersburg, Florida 33702 July 5, 2000 Colonel James W. DeLony, District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Colonel DeLony: The National Marine Fisheries Service has reviewed the project plan(s) advertised in the following public notice(s). We anticipate that any adverse effects that might occur on marine and anadromous fishery resources would be minimal and, therefore, do not object to issuance of the permit(s). NOTICE NO. APPLICANT 200001350(GP) C E Walters 200001326(GP) R N Spangler 200001325(GP) Brandywine Marina 200001348(GP) H E Miller 200001327(GP) Snowball LLC 200001404(GP) Marsh Harbor Resorts 200001396(GP) Inletwatch Yacht Club 200001374(GP) W Barker NOTICE DATE DUE DATE 06/09/00 07/13/00 06/05/00 07/17/00 06/16/00 07/17/00 06/16/00 07/17/00 06/16/00 07/17/00 06/21/00 07/21/00 06/21/00 07/21/00 06/21/00 07/21/00 Sincerely, Andfeas Mager, Jr. Z Assistant Regional tAdministra Habitat Conservation Division Marsh Harbour Golf Marsh Harbour Resort & Yacht Club Calabash, NC 28467 FAX.e 910/579-8790 email: MarshHbr.aol.com July 26, 2000 RECEIVED JUL 31 2000 Mr. Doug Huggett, Major Permits Coordinator COWALueu.,.a NC Department of Environment & Natural Resources ANT Division of Coastal Management 1638 Service Center Raleigh, NC 27699-1638 Dear Mr. Huggett: We have received your letter, dated July 17, 2000, via hand delivery from a resident in Carolina Shores, NC (copy attached). Please change your mailing address for any future correspondence to the following: Marsh Harbour Golf and Yacht Club H.O.A. P.O. Box 4157 Calabash, NC 28467 We appreciate you keeping our comments under review and consideration and want to keep advised of further developments. Very truly yours, Charles E. Kronenwetter President CEK/vlk at Al ' NCDENR JAMES B. HUNT JR > GOVERNOR 40�ySILL-HOLMAN poi `SECRETARY r1: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 17, 2000 C.E. Kronenwetter, President Marsh Harbour Golf and Yacht Club H.O.A 36 Carolina Shores Drive Carolina Shores, North Carolina 28467-2601 Dear Mr. Kronenwetter: i . DIRECTOR Thank you for your May 24, 2000 letter, concerning the Coastal Area Ef 5 Management Act (CAMA) Major permit application submitted by Marsh Harbour 1 Resorts, LLC, in which authorization was requested to replace the existing shoreline I stabilization around the existing basin, fill the upper end of the basin and develop the Ilk surrounding high ground at the Marsh Harbour Marina adjacent the Calabash River 'i in Calabash, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. Y� I can assure you that your comments will be examined and taken into consideration 1 prior to the Division taking final action on this permit application, and you will be ( informed of this final action. :ill/:1jr�Jf:- fr_ a I , The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me by telephone at (919) 733-2293, or email me at Doug.Huggett@ncmail.net if you should have any additional concerns relating to this project. cc: Sincerely, Plou � Hermitt (� Major Permits Coordinator Janet Russell — DCM, Wilmington DCM, Morehead City MAILING: I638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1636 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733-2293 FAX: 919-733-149S AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-677-623.6748 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DMSION OF COASTAL MANAGEMENT July 17, 2000 C.E. Kronenwetter, President Marsh Harbour Golf and Yacht Club H.O.A 36 Carolina Shores Drive Carolina Shores, North Carolina 28467-2601 Dear Mr. Kronenwetter: Thank you for your May 24, 2000 letter, concerning the Coastal Area Management Act (CAMA) Major permit application submitted by Marsh Harbour Resorts, LLC; in which authorization was requested to replace the existing shoreline stabilization around the existing basin, fill the upper end of the basin and develop the surrounding high ground at the Marsh Harbour Manna adjacent the Calabash River in Calabash, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you thatyour comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me by telephone at (919) 733-2293, or email me at Doug.Huggett@ncmail.net if you should have any additional concerns relating to this project. Sincerely, AllwsbIlad ur Gof&YacbtChib H0A. May 24, 2000 Ms. Janet Russell Division of Coastal Management Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 RE: Marsh Harbour Resorts, LLC Marsh Harbour Resort - Phase I Calabash, North Carolina, Brunswick County Dear Ms. Russell: Via Certified Mail: P 434 381 226 E(OE� �7�ED MAY B 2000 DIVISION OF COASTAL MANAGEMENT We are in receipt of a copy of the application from Marsh Harbour Resorts, LLC for a modification to the existing CAMA permit for the property referenced above. The copy was sent to us by the applicant on a letter dated February 29, 2000, but not received by us until May 5, 2000 via certified mail. On behalf of the over 500 property owners here at Marsh Harbour we would like to object to the proposed development, also called Resort LaDane, as it is currently being presented. To our knowledge, we do not know that any of the individual property owners have been notified at all. We are sure that CAMA. permitting procedures require notification of all adjacent property owners. Although we have been notified as the HOA, the individual property owners, to our knowledge, have received no such notification. The proposed project completely surrounds us and we have never been contacted for comment by the developer. Our main objection is the proposed 72' high parking deck, shown on plans to be immediately adjacent to our condominium buildings. The proposed development would be intrusive upon the rights of the homeowners and those using the common pool and clubhouse facilities. Not only would such a structure placed so close to our buildings be unsightly, but it would, at times, block the sun from out pool area and, due to the prevailing winds from the ocean, will cause carbon monoxide and other automotive fumes to fall onto our facility, homeowners, guests and patrons(see CAMA Article 7, section 113A-113, subsection (b),(6), item (c)). The installation of the foundations and/or pilings for this type of construction so close to existing residential units will interfere with our business, disturb our guests and has a high probability of damaging our buildings, foundations and utilities. P.O. Box 4117 Calabash, North Carolna 28467 910/179-3700 FAX 910/J79-8790 The plans for this development show traffic patterns which will encumber access and egress from our buildings. Automobiles entering or exiting from the proposed location of the parking deck will encircle our existing condominium project These objections are also reflected in a lawsuit filed by ourselves along with Golf Coast Realty, Inc. against the Williamson Company and the Town of Calabash concerning what we believe to be an improper granting of a zone change for this property. It should also be noted that in the applicants Project Description attached to the CAMA application, they are requesting permit authorization for the construction of a seven story, 1200 room hotel, however, the Calabash Town Council has only approved a 900 room hotel. We would not like to the this development proceed as proposed We specifically request that you notify us prior to any public meeting or hearing to be held concerning this permit Sincerely, CE Kronenwetter President Marsh Harbour Golf & Yacht Club Board of Directors 42vEDMAY 2 6 2000 OF COASTAL IMAONAGGEMENT P.O. Box 41-17 Calabash, North Carolina 28467 9101179-3700 FAX 910/179-8790 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 17, 2000 Paul Walker, Vice President Golf Coast Realty, Inc._ PO -Box 4157 Calabash, North Carolina 28467 Dear Mr. Walker: DIVISION OF COASTAL MANAGEMENT Thank you for your May 25, 2000 letter,. concerning the Coastal Area Management Act (CAMA) Major permit application submitted by Marsh Harbour Resorts, LLC, in which authorization was requested to replace the existing shoreline stabilization around the existing basin, fill the upper end of the basin and develop the surrounding high ground at the Marsh Harbour Manna adjacent the Calabash River in Calabash, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me by telephone at (919) 733-2293, or email me at Doug.Huggett@ncmail.net if you should have any additional concerns relating to this project. Sincerely, Doug Huggett Major Permits Coordinator cc: Janet Russell — DCM, Wilmington DCM, Morehead City' MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-163B PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733.2293 FAX:919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO9o' 'RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Golf Coast Realty, Inc. Golf Coast Realty, Inc. Phone: 910/679-9700 P.O. Box 4157 FAX 910/579-8790 Calabash, NC 28467 email PWBroker@aoLcom May 25, 2000 Ms. Janet Russell Division of Coastal Management Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Via Certified Mail: P 434 381239 RE: Marsh Harbour Resorts, LLC Marsh Harbour Resort - Phase I Calabash, North Carolina, Brunswick County Dear Ms. Russell: � JEEvE MAY 3 0 2000 DIVISION OF COASTAL MANAGEMENT I am In receipt of a copy of the application from Marsh Harbour Resorts, LLC for a CAMA permit for the property referenced above. The copy was sent to us by the applicant on a letter dated February 29, 2000, but not received in our ofilce until May 5, 2000. I would like to oppose the development as it is currently being presented. Our property is Immediately adjacent to the proposed development and their plans show traffic patterns which will negatively impact us and increase airborne pollutants and emissions geometrically. Specifically, the planned main access road for their proposed hotel will send all of the hotel's traffic, traffic to the proposed 72' high parking deck and traffic to future planned condominiums immediately past our property. The plan to squeeze all of this traffic into a two lane access road located directly on our property line. This is only one indication of poor planning for this development. There are many more, such as access for emergency vehicles which should be able to reach all sides of their proposed 7 story hotel and the placement of their proposed parking deck (which I understand will have 1,500 cars) and will block views of the marina from our property. I believe that the Division of Coastal Management has an obligation to the adjacent property owners and to all of the area residents to investigate, in detail, all of the aspects and impacts of such a development, both on the wetlands environment and the adjoining properties. I would like to specifically request that you notify me prior to any public hearing to be held concerning this permit. i Walker Vice President Golf Coast Realty, Inc. .91V/E MAY 3 01000 COgg AL DIVISION AGEMENT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 17, 2000 Mr. Hunter D. Adams 36 Carolina Shores Drive Carolina Shores, North Carolina 28467-2601 Dear Mr. Adams: Thank you for your June 29, 2000 letter, concerning the Coastal Area Management Act (CAMA) Major permit application submitted by Marsh Harbour Resorts, LLC, in which authorization was requested to replace the existing shoreline stabilization around the existing basin, fill the upper end of the basin and develop the surrounding high ground at The Marsh Harbour Marina adjacent the Calabash River in Calabash, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment .on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me by telephone at (919) 733-2293, or email me at Doug.Huggett@ncmail.net if you should have any additional concerns relating to this project. Sincerely, 91 Aq- Doug Huggett Vliv Major Permits Coordinator cc: Janet Russell — DCM, Wilmington DCM, Morehead City MAILING: 1636 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1636 PHYSICAL: 2726 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733-2293 FAX:919.733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-577-623-6745 •'-J ' HUNTER D. ADAMS 36 Carolina Shores Drive Carolina Shores, NC 28467-2601 Ms Donna D. Moffitt, Director DIVISION OF COASTAL MANAGEMENT P. O. Box 27687 Raleigh, NC 27611 Reference: CAMA MAJOR DEVELOPEMENT PERMIT RECEIVED JUL 0 3 2000 COASTAL MANAGEMENT 29 June 2000 MARSH HARBOUR MARINA 10155 Beach Drive Calabash, NC 28467 Brunswick County Dear Ms Moffitt: Responding to the public notice as required by NCGS 113A-119(b) and because of environmental interests, I would like to offer the below observations and comments. The lagoon in question which is known as Marsh Harbour Marina is a tidal basin subject to the rise and fall of the tides. It empties into the Calabash Creek which empties into the intracoastal waterway and is controlled by the tidal action of the Little River Inlet. Thusly, the lagoon also serves as a haven for the reproduction of aquatic life which is a part of the food chain. The United States Coast Guard exercises authority over environmental spills and other contamination within the confines of the lagoon. The North Carolina Wildlife Commission can also become involved. The lagoon is a natural haven for protection from the ravages of devastating hurricanes and provides a sanctuary for larger boats such as shrimp boats which have no other refuge from such storms. The lagoon is silting in rapidly. The owners have promised to deepen the marina and its approaches. This can be done without forcing removal of the boats currently berthed in the slips. Because of the environmental concerns of CAMA and the protections available in the event of hurricanes, it would seem that this lagoon should be left undisturbed on its borders and thus approval to fill any of the basin should be denied. Hunter D. Adams CAMAMARS vi "i�n1 �`.. �` LADAN E La Dane Williamson Company June 14,2000 Ms. Janet Russell NC Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Russell: - ��� bll�llvvlll�� 11�11''� IIlj01- — i U)41/18��7P0i�y OF L i�1M'A` '4AGfiMRW Subject: Marsh Harbour Resorts, LLC Thank you for contacting me yesterday regarding the issues associated with the reissuance of the CAMA Major Permit for Marsh Harbour Resorts, LLC. As I explained, I believe these issues can be quickly addressed and provide for a timely action by the Division of Coastal Management. Issue: Resolution of Height Restriction or Limitation In the previous CAMA Permit, the following statement was included: 1) The Town of Calabash has implemented a 35-foot height limit on the construction on new structures. Therefore, in accordance with T15A: 07H.0601 of the Rules of the Coastal Resources Commission, which states that "No development shall be allowed in any AEC which would result in contravention or violations of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place", the proposed seven story hotel is not authorized under this permit. NOTE: If, in the future, approval is received from the Town of Calabash to construct the seven -story hotel, the permittee may request that this permit be modified to authorize construction of this structure. We have worked very closely with the Town of Calabash to resolve this matter. I have attached what I believe is sufficient documentation to demonstrate that the Town of Calabash no longer has objections to our proposed hotel and that this condition should be removed from the CAMA Major Permit. Included in this material is the following: a) The previous law (Sess. Laws 1995, Ch. 621) which enacted the 35-foot height restriction for the Town of Calabash. b) The repeal (Sess. Laws 1999, Ch. 16 — See Section 1) of the previous law (Sess. Laws 1995, Ch. 621) which enacted the 35-foot height restriction. c) The PUD Agreement for Marsh Harbour signed by the Town of Calabash and Marsh Harbour Resorts, LLC. This Agreement includes Exhibit A which identifies the maximum heights allowed in the development (See Page C8, Maximum Heights include: Hotel — 75 feet; Mid -Rise Condominiums — 75 feet; Parking Deck — 73 feet; etc...). You may also want to read Exhibit B, which is a letter we sent to the Town that addresses concerns raised by local citizens and/or Town Board Members. 10155 Beach Drive SW • Calabash, North Carolina 28467 • 910-579-0733 • Fax: 910-579-0714 • www.ladane.com Ms. Janet Russell Division of Coastal Management June 14, 2000 Page 2 As I further explained, the Town of Calabash updated their CAMA Land Use Plan to remove any confusion relative to the height restrictions and their ability to allow heights greater than 35 feet in their PUD Districts. The Town of Calabash CAMA Land Use Plan revision was approved by the N.C. Coastal Resource Commission during their July 1999 Commission Meeting. Issue: Marina Slins The previous CAMA Permit was based upon a marina plan that accommodated 257 wet -slips. To date, only 120 wet -slips have been constructed and the remainder will be constructed as development progresses. We wish to retain the authorization for 257 wet -slips. Issue: Maintenance Dredging of the Marina Routine maintenance dredging of the marina will be required and we respectfully request that this activity continue to be authorized under the CAMA Major Permit. The current condition regarding dredge material disposal is appropriate and adequate for inclusion in the reissued/renewed permit. I am hopeful that this information allows you to proceed forward with processing of the application. If you have any questions regarding these matters, please do not hesitate to contact me at my office (910)579-0733, ext. 202 or on my mobile (910)443-1110. cc: Ms. LaDane Williamson Mr. Kevin Fox Kimley Horn & Associates oac-30-0o 03:49A P.05 RESOLUTION Town of Calabash Brunswick County North Carolina WHEREAS, the General Assembly of North Carolina ratified House Bill 1384 on June 21, 1996 (N.C. Sess. Laws 1995, Chapter 621), restricting the height of buildings within the corporate limits of the Town of Calabash to thirty-five (35) feet above ground level; and WHEREAS, the Town of Calabash currently has sufficient and adequate authority to control height of buildings through the Town's exisung 7nning Ordinances; and WHFI(FAS, the Town of Calabash desires that the matter of height restriction within the corporate limits be a matter determined locally by the Town Board of Calabash; NOV, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF CALABASH THAT: 1. The Town Board respectively requests the Legislative Representatives of Brunswick County introduce legislation to the 1999 Session of the General Assembly to have said Act revoked within the corporate limits of the Town of Calabash. ffect upon ratification by the General Assembly. 2. This r;vccation takes e 3. The Town Clerk is formally notified of the action by the General Assembly. Adopted this the 1& day of November,1998.Or .. ,. SIGNED: Keith Hardee, N[avor ti, co;a D �CEEVE T. Jan Thomas, Town Clerk r ji,, 15 21000 ^k r...r.+ ' DIViF*'ON OF • rOASTAL MANAGEMENT 8 Calabash - Charter and Related Laws entitled to be a candidate after the filing period opens, even though that is prior to the August 31, 1989, elective date of the annexation. (Sess. Laws 1989, Ch. 593, § 6) Sec. 8.1. V2MIDUENT TO ACT IN REGARD TO TOWN OF HOLDEN BEACFL] Section 3 of Chapter 1019, Session Laws of 1987, as amended by Section 3 of Chapter 456, Session Laws of 1989, is amended by adding the following immediately before the period at the end: ", but as to the Town of Holden Beach, Section 1 of this act applies only to areas within the corporate limits of the town as of June 26, 1989." (Sess. Laws 1989, Ch. 593, § 6.1) Sec. 7. [EFFECTIVE DATE.] This act is effective upon ratification. (Sess. Laws 1989, Ch. 593, § 7) In the General Assembly read three times and ratified this the 6th day of July, 1989. TAMES C. GARDNER /s/ James C. Gardner President of the Senate T. L. MAVRETIC /s/ J. L. Mavretic Speaker of the House of Representatives GENERAL ASSEMBLY OF NORTH CAROLINA 1995 ASSEMBLY RATIFIED BILL CHAPTER 621 HOUSE BILL 1384 AN ACT TO LIMIT THE HEIGHT OF STRUCTURES IN THE TOWN OF CALABASH AND TO ALLOW EXCEPTIONS TO THE HEIGHT LIMIT UPON APPROVAL BY REFERENDUM: The General Assembly of North Carolina enacts: 1998 S-2 Section 1. No building erected within the corporate limits of the Town of Calabash may have a height in excess of 35 feet above ground level unless: (1) The building was erected before the effective date of this act; or (2) Subject to the approval of the qualified voters of the Town of Calabash, the Town Council adopts an ordinance granting an exception to the height limit. Sec. 2. The Town Council may direct the Brunswick County Board of Elections to conduct a referendum on the question of whether an exception to the height limitation imposed by this act should be granted. The election shall be held on a date jointly agreed upon by the two boards and shall be held in accordance with the procedures of G.S. 163-287. The form of the question to be presented on the ballot for special election concerning an exception to the height limit shall be: .0 FOR p AGAINST Adoption of the ordinance to grant an exception to the height limit of 35 feet above ground level for buildings in the Town of Calabash, as follows: (describe the effect of the ordinance).' If a majority of those voting in the referendum held pursuant to this act vote in favor of the adoption of the ordinance, the ordinance shall be effective pursuant to its terms. Sec. 3. Theheight limitations created bySecticn I of this act does not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Sec. 4. This act is effective upon ratification. In the General Assembly read three times and ratified this the 21st day of June, 1996. DENNIS A. WICKER /S/ Dennis A. Wicker President of the Senate HAROLD T. BRUBAKER /S/ Harold J. Brubaker Speaker of the House of Representatives PjECEHVE �U d 1 5 2000 L iV! :ON OF (�0A0,7-At_ MANAGEMENT North Carolina General Assembly - Senate Bill 300 Information/History [1999 - 2000] Page 1 of 1 [ back ] House I[ Billinto ReproeeeMlloe M . IR1n 7u - tr aatirlcun Z Senate Bill 300 TOWN OF CALABASH If= H 410 ) [click here to view text of the bllll Introduced by: Soles P/L = Public/Local Bill 1 $ = Affects Appropriations = Bill Text Has Changed Session: 1999 - 2000 Prime Sponsors: R. Soles, Jr. Fiscal Note: N/A Attributes: L Date Action 03/09/1999 S Ref to State and Local Government 03/17/1999 S REPTD FAV 03/18/1999 S PASSED 2ND & 3RD READING 03/23/1999 H REC FROM SENATE 03/23/1999 H Ref to Local Government 1 03/30/1999 H REPTD FAV 03/30/1999 H CAL PURSUANT RULE 36(B) 03/31/1999 H PLACED ON CAL FOR 04-05 04/05/1999 H PASSED 2ND & 3RD READING 04/06/1999 S RATIFIED 04/06/1999 R CH. SL 99-0016 [bill status abbreviations] [how a law is made] Bill Look -Up Enter a bill number to search for. Example: Enter s7 to search for Senate Bill 7 or x, to search for House Bill 7. 1999-2000 Session E Bill Number: F_ Look -Up Data Last Updated: Jun 14 2000 12:44AM NCGA INebsite Help Disclaimer http://www.ncga.state.nc.us/gascriptsibillnumberlbillnumber.pl?Session=1999&BillID=S3000611412000 North Carolina General Assembly - [ S0300 ] SENATE BILL 300 Page 1 of 1 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 SESSION LAW 1999-16 SENATE BILL 300 AN ACT REPEALING THE TOWN OF CALABASH'S LIMITATIONS ON THE HEIGHT OF BUILDINGS, EXTENDING THE TOWN'S EXTRATERRITORIAL JURISDICTION, INCREASING THE NUMBER OF TOWN COMMISSIONERS, AND STAGGERING THE COMMISSIONERS' TERMS. The General Assembly of North Carolina enacts: Section 1. Chapter 621 of the 1995 Session Laws is repealed. Section 2. In addition to any areas where the Town of Calabash exercises extraterritorial jurisdiction under Article 19 of Chapter 160A of the General Statutes, the Town shall have extraterritorial jurisdiction under that Article in the following described area: From that portion of the existing extraterritorial jurisdiction line that bisects the Ocean Harbour Golf Course in a southeasterly manner through the Ocean Harbour Estates subdivision to the middle of the Intracoastal Waterway. Section 3. Section 1.(f) of S.L. 1998-75 reads as rewritten: "(f) Beginning with the organizational meeting after the 1999 municipal election, the Beard 6f eammimsieners - the Te-2. of 2elebeeb eeneiete of fester governing bodv of the Town of Calabash shall consist of the Town Board of Commissioners and the Mayor. The Town Board of Commissioners has five members. The Commissioners and the Mayor shall be elected to four-year terms by the qualified voters of the entire Town. In 1999 the two persons receiving the highest number of votes are elected to four-year terms and the three Persons receiving the next highest number of votes are elected to two-year terms. In 2001, and quadrennially thereafter, three Persons are elected to four-year terms. In 2003 and quadrennially thereafter, two persons are elected to four-year terms." Section 4. This act is effective when it becomes law. In the General Assembly read three times and ratified this the 6th day of April, 1999. s/ Marc Basnight President Pro Tempore of the Senate s/ James B. Black Speaker of the House of Representatives ".- ��j=Ur1151000 J http://www.ncga.state.nc.us/html1999/bills/ratified/senate/sbi10300.full.htmi 06/14/20001'4T Brunswick County --Register of Deeds Robert J. Robinson STATE OF NORTH CAROLINA Inst #31627 Book 1345Page 662 12/02/1999 02:28pn RecM35c-)2L�l COUNTY OF BRUNSWICK TOWN OF CALABASH / MARSH HARBOUR RESORTS, L.L.C. PUD AGREEMENT THIS AGREEMENT made this 3 °� day of Afin yr — k< � 1999, by and between the Town of Calabash, a Municipal Corporation organized under the laws of the State of North Carolina, (hereinafter referred to as "Town") and Marsh Harbour Resorts, L.L.C., a North Carolina limited liability company having its principal place of business in Brunswick County, North Carolina, (hereinafter referred to as "MHR). WITNESSETH: WHEREAS, MHR is the owner and developer of certain tracts of land which are intended to be developed by MHR as part of a mixed use (recreational, commercial and residential) resort property known as Resort LaDane, which properties are sometimes referred to herein collectively as the ("Development"); and WHEREAS, MHR filed a rezoning request with the Town of Calabash wherein pursuant to the application and its plans, drawings, specifications and representations, MHR requested that the Town of Calabash rezone that part.of the Development located within the zoning jurisdiction of the Town to a Planned Unit Development (PUD) District; and WHEREAS, that request was heard during several regularly scheduled meetings of the Town of Calabash Planning and Zoning Board and recommendations for approval of the request was made by the Town of Calabash Planning and zoning Board on June 7, 1999, according to the requirements of the Town of Calabash Zoning Code, PUD section; and WHEREAS, the request was heard during several regularly scheduled meetings and workshops of the Board of Commissioners, and after required public hearing, was approved by the Town of Calabash Board of Commissioners on July 26, 1999, according to the requirements of the Town of Calabash Zoning code, PUD section; and WHEREAS, the property described on Page C2 of Exhibit "A", has been established by appropriate actions of the Town as a PUD district and the Site Plan has been approved by the Town following public hearings and recommendations by the Planning and Zoning Board; and WHEREAS, the Planned Unit Development District Requirements of the Zoning Code of the Town require that the PUD site description and the approved site plans be set forth in a PUD Agreement, which Agreement sets forth the specifications and approvals by the Town Board as contained in the Site Plan. Further, the Town's Zoning Cod provides that this REVw — iCN..��... JUPd 15 2000 ! _ca,,,,,. CKAMT...._ 6SH ...... REFS— r111/IL+IAAI hC _._ �J Inst N 31627 Book 1345Page: 663 Agreement and a copy of the Site Plan be recorded in the Office of the Brunswick County Register of Deeds. NOW, THEREFORE, in order to fully comply with the requirements of the Town Zoning Codes, the parties hereto covenant and agree as follows: 1. That this agreement constitutes the PUD agreement as required by § 153.147 A (4) of the Zoning Code. 2. That Page C2 of Exhibit "A" is a description of the MHR PUD district established by the Town and that Exhibit "A" constitutes a copy of the Site Plan required by §153.147 A (4) of the Zoning Code. The site plan required by § 153.147 are those plans originally submitted to the Town for approval and on file with the Clerk for the Town. 3. This agreement and the site plan provide the following information which constitute the MHR PUD district and its specifications as required by the Town's zoning code § 153.147( a. The site contains more than two acres and has a minimum width between any two opposite boundary lines of more than 125 feet, and adjoins and has direct access to at least one public street; b. The site is in one ownership; c. Except for off -site parking the site is not divided by any public right-of-way; d. The proposed title of the project and the name of the engineer, architect, designer or landscape architect and the developer; e. The north point scale and date. The scale of the site plan is 300 feet equals one inch (the site plan originally approved by the Town is at a scale of one inch equals 50 feet and the Town and MHR agree that for recording purposes the one inch equals 300 feet is appropriate. The reason for this exception is that the Brunswick County Register of Deeds Office does not allow mylars in excess of 18" x 24"); f. The newly created and approved PUD zone boundaries; g. The boundaries of the property involved, the general location of all existing easements, property liens, existing streets, buildings and other existing physical features on or adjoining the project; h. The approximate location and sizes of existing and proposed sanitary and storm sewers, water mains, culverts and other underground facilities in or near D the project on a topographic map using contour lines at appropriate intervals; �rl ,11 JUN 15 2000 j!_) IM .. COAS" AL MA1 IAGEMENT i. The general location and dimensions of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas (including numbers of parking and loading spaces); j. The general location of proposed lots, setback lines, easements, and a generalized land use plan; v k. The location and approximate height of all proposed main and accessory , buildings and dimensions of structures drawn to scale; M M "' 1. Identification of all lands in private or common ownership; Y 9 in. General location, height, width and material of all fences, walls, screens, plantings and landscaping; N N n. Proposed location and number of dwelling units (by bedroom type) for each " structure; o. General location, character, size and height and orientation of proposed signs; p. Per the site plans the development is to be constructed in phases. A building permit must be issued for each phase of development of the project. The application for the building permit must include a detailed site plan of each phase for which a building permit is sought including any changes from the original site plan of that phase. A copy of the original site plan with proposed changes is sufficient. The Planning and Zoning Board shall review each application and determine if the phase is being developed in accordance with this agreement, the site plans and applicable ordinances. Minor changes may be approved by the Planning and Zoning Board. Major changes shall require an amendment; and q. A list of permitted uses is attached hereto and adopted as the uses permitted for this PUD district. The application will also include the uses that will be permitted in each phase. 4. In addition to the above, the town has approved the following: a. Proposed standards for the development of the project including restrictions on the use of property, density standards, yard requirements and restrictive covenants, if any; b. Covenants will be in place and recorded to assure the town that all improvements and protective devices installed will be maintained. J`1 15 2000 V Cr � i\ .�i v�1cr.1,Ji�d 4l I�I1 A nTeI to . ^Afif hIT Inst p 31627 Book 1345Page: 665 5. The Town has further determined that the overall site design is harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes of structures, street patterns and use relationships. 6. The landscaping and buffering requirements of MHR's PUD district shall comply with the requirements of § 153.270 et seq. of the Zoning Code of the Town of Calabash. 7. Twenty five percent (25%) of this development shall be developed into common open space and no more than seventy-five percent (75%) of any lot or parcel shall have an impervious surface. 8. The Town has agreed to modify and amend the Town's ordinances to set forth the definitions of major and minor charges as set forth in the letter dated July 26, 1999, a copy of which was previously identified as Exhibit `B". 9. The inclusion of certain specification and requirements herein is not exclusive and the development must comply with all other applicable Town codes and regulations. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first written above. TOWN OF CALABASH (SEAL) Keith Hardee, Mayor HARBOUR RESORTS, L.L.C. Manager (cElyE JUN 15 2000 DIVISION OF 'OASTAL MANAGEMENT Inst # 31627 Book 1345Page: 666 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK F- 0�t Notary Public of the County and State aforesaid, certify that „<. I _,: personally appeared before me this day and acknowledged that 5 he is Y` \a„,k r of YY\n r-s k Aa Abets R46oa-; 44k - a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by itssealed with its corporate seal and attested by k LL. va— W.1 I :ar ,V* ry as its WITNESS my hand and notarial seal, this ai'A day of noy erm%d,- 11999. .Q`i'tc) e 0 - cCy (SEAL) Notary Public V ram^ r.....�•..^.�.�-./-V OFFICIAL SEAL My Commission Expires: b(s-OI- �00If V c.�. BRUNSWICK COUNTY DOROTHEA B. FOX STATE OF NORTH CAROLINA My Commission Expire Y��M COUNTY OF BRUNSWICK I, a Notary Public of the County and State aforesaid, certify that kIAGPiI �/' personally came before me this day and acknowledged that he/she is th own Clerk of the Town of Calabash, North Carolina and that by authority duly given and as an act of said Town o alabash, North Carolina, the foregoing instrutent was signed in its name by its Mayor, sealed with its Town Seal and attested by as its Town Clerk. WITNESS my hand and official stamp or this ,303ey of My Commission Expires: f,* l 2 y .Z e STATE OF NORTH CAROLINA .0 j 1 j 2000 COUNTY OF BRUNSWICK 11ij The Foregoing (or annexed) Certificate(s) of DOROTHEA B FOX JOHN PAUL COLLINS_„ p^ nl nx . ;FnnGnlT Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 2 nd Day of nP C emhe r 11999 in the Book and Page shown on the First Page hereof. 0ltvworn-- ROBERT J. R0BIfJSONj Register of a ds 1 JUf4 t 5 2000 DIVISION OF COASTAL MANAGEMENT lnst 8 31627 Book 1345Page: 667 SITE PLAN RESORT LADANE MARSH HARBOUR PROPERTIES BRUNSWICK COUNTY, NO CALABASH, NC DEVELOPED BY - MARSH HARBOUR RESORTS, LLC. POST OFFICE BOX 7760 SOUTH BRUNSWICK. NO 25470 PROPERTY OWNER MARSH HARBOUR RESORTS, LLC. 2 CAUSEWAY DRIVE OCEAN ISLE BEACH, NO 284aB I LEGEND I y[. e n[ w.w uer roa[�a, [ mwrt WI[n tOMW mR W.�P Y[[p, O YWR 11A �wp[i,•O •wwt b 0 Ll A CERTIFIED SURVEY PLANNER- RICHARD MAGNUSON 6 ASSOCIATES ENGINEER- KIMLEY-HORN AND ASSOCIATES INC. RAGLAN K. BRITT SURVEYOR• JAN K. DALE RLS 601 COPAS F OAD C71 j( THIS MAP IS NOT RICHARD MAGNUSON AND HAS NOT BEEN REVIEWED BY A 3810 CARNEGIE LANE NO 27612 30 H WESTON PARKWAY CARY NO 27513 SHALLOTTE NO 28470 10101 704-44i7 m Qp b7 LOCAL GOVERNMENT AGENCY FOR LAND RALEIGH. (9101 782-0688 IWO) 677-2000 m -1 DEVELOPMENT REGULATIONS. c Y rnae-r[o[xum�a[[uw.o�e Kimle Horn Y and Associates, Inc. MARSH HARBOUR GOLF RESORTS LLC ' "°"" RESORT LADANE MARSH HARBOUR GOLF LINKS '"" COVER SHEET ����. ..�..[ _ r_.� • ��ee asi'L-�.s»._� Inst # 31627 Book 1345Paqe: 668 IDiVISION OF TAL MANAGEMENT MARSH HARBOUR �L"—] HIz5UH I LAUANt: I(imley-Horn GOLF RESORTS, LLC MARSH HARBOUR and Associates, Inc. SITE PLAN GOLF LINKS r roc��� 0 H w H cnn till m0 G)z N C H z A c>ican H Z C W nM zeaH [n rc t�Rd KJ C7 H O w '� tot7 RC ate' [J IC 70NING LEGEND a, Xe .w _. ® a.na G"Kn asncl R.Y.O. IL Wb..I M.L0V .T 11-1! R[901NML Kimle-Horn mnnan nnnoaiun Y GOLF RESORTS LLC and Associates, Inc. �^ Y,RL�O EXISTING ZONING MAP GRAPHIC SCALE (nrml " RESORT LADANE MARSH HARBOUR a CD OD sine WO PLD. yz H 4 (�')OH R1 LD-' N r ro 0cn� 1;4til 'A H(A (�21WH q H x y H z y K £ H tv K1 t7 Hn w toW O � va 4 w GD 0m .NN:a� mNNr PLD. ms .ate w T 751 E:V E DD PLD. 70NING LEGEND 15 2000 NFL (ESO1VNpl .i V. i P.U.0. PIANNEE YNII 0(tfl(PY(N! N-I! IF90f1111K DIVISION OF COASTAL j APNAGEMENT ❑Kimley-Horn and Associates, Inc. GP w LAI -.'wwPs igip.. PYD O GRAPHIC SCALE; Ir pis-sen MARSH HARBOUR RESORT LADANE GOLF RESORTS LLC MARSH HARBOUR F LINKS PROPOSED ZONING MAP _, GOLF h�F= to 011 lr' s ii � \ .....—,\ �� ���.rf�iCtdEOFF COASTAL A* THIS ` j... THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. KimleHorn ""'"J" """"""" Y OOLF RESORTS LLC and Associates, Inc. M PRELIMINARY PHASING PLAN RESORT LADANE MARSH HARBOUR Inst # 31627 Book 1345Page: 672 ED 0 e4v" 4" .. ......... p ......... . OF ,DEMENT I FUND ..... PR�mu �.ls p .......... ., > 11�0 5 MW SED !GRAMEY 5 WER 0 O �RWOXD �r STA➢W PR�Mo ME K�MT GRAPHIC SCALE I arm) m >0 Kimlay-Ho!n GOLF RESORT9,"EG MARSH HARBOUR =11 and Assoc'a tes inc GOLF LINKS - - I"PRELIMINARY UTILITY PLAN THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. L � � y . '::... 'j ... .. .... .. a �'{ � ... � .,. ,.. 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(AINN]MIS MLALx9S-Nlrnamed ) e. off M'] MLLME SLIR. (. IIIMILMIp]e) ]. IMMA MAVM . (A.MKKIM NOK,L) L AMT][M.1 COI.E. " (CVIRLMIG xM.I. S. A,.F (LAND'E WSW.) IL GEVNO 1LrN4 ( LoEbCAC SNGIA) SEASONAL FLOWERS SlmetM NLL[ litim, NASEGIA OA uuCS LFRSEIIA K Ovals S.LNA r Xr, �x Aa �a MARSH HARBOUR i:. THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. I(imleyl-lorn aiW Associates, Inc. - PRELIMINARY OPEN SPACE OPEN WP LEGEND pSll Y.,611f P11R6. ,Sd N. 641 fI¢ {w10xOfY) CRAPIIIc SCALE V ce {unE)I MARSH HARBOUR EXHIBIT B OCEAN HARBOUR RESORTS, INC. MARSH HARBOUR RESORTS, LLC July 26,1999 The Honorable Keith Hardee, Mayor Town of Calabash Inst # 31627 Book 1345Page P O Box 4967 Calabash, North Carolina 28467 Subject: Resort LaDane Rezoning Request Ocean Harbour Resorts. I11c. Marsh Harbour Resorts. LLC Dear Mayor Hardee: 678 On behalf of LaDane Williamson Comp:uty, I want to express our appreciation for the hard work and long hours the Board of Commissioners, the Planning & Zoning Board and the staff of the Town of Calabash have upended reviewing our PUD zoning request for Marsh Harbour and Ocean Harbour. lve are confident that all involved will be proud of the final development and we trust that the spirit of cooperation extended by the Town of Calabash will continue. Toward the end of last Tuesday evening's workshop, Commissioner Collins suggested that our Company assimilate the various coniments made by the Commissioners during the meeting and provide the Board with a written response. I believe he was hopeful that a compromise could be reached on some of the points voiced in the workshop. We have reexamined our application in light of those comments and Commissioner Collins' request and, in the spirit of being responsive to the workshop. we would like to offer the following reductions to our ori;inally proposed plan, particularly in the areas of building heights for midrise and the overall size of the hotel. BUILDING HEIGHTS & SETBACKS Some Commissioners raised concerns about the height of various structures and asked whether there was some room for reducing the proposed heights. For consistency, we want to use terms and interpretations that the Town routinely uses. For example, it is our understanding that the Town measures building heights from the highest point of ground of natural grade at the building site up to the highest roofline of a structure excluding decorative elements. All statements in this letter regarding building heights will follow this measurement policy of the Town of Calabash. �,v D ptpl;�",E(OE 10155 BEACH DRIVE • CALABASH, NC • 284671 PHONE: (910) 579-0733 • FAX: (910) 579(9(bjk7,A,_ EXHIBIT B _ 2 _ July 26, 1999 The currently proposed building height liar the one midrise building at Marsh Harbour and the two midrises at Ocean Harbour is 90 feet. Three Commissioners asked that we consider reducing the height and we would like to amend our application to reflect a reduction in building height of all midrise buildings — both at Marsh Harbour and at Ocean Harbour -- from 90 feet to 75 feet. The total number of units in the midrise would remain the same. The marina condominiums at Marsh Harbour are listed at 90 feet in height in our rezoning application as approved by the Planning & Zoning Board. We would like to amend our application to reflect a reduction in building height for the marina condominiums from 90 feet to 45 feet. The currently proposed number of total units in the hotel is 1.200 and we have been asked ato consider an overall reduction there as well. In an accommodation to the Commissioners. we would like to amend our application to reflect a reduction in the overall maximum unit count in the 110tel by twenty-five percent (25%) from 1,200 0 units to 900 units. This change should significantly reduce concerns about overcrowding. traffic and congestion and we believe this is the most significant compromise in our PUD application. N The currently proposed building height for the Resort Hotel at Marsh Harbour Marina is 75 feet and we respectfulN request that our originally proposed hotel building height be approved at 75 feet. For reference, this would put the hotel at 6=.9 feet above the average elevation of NC lAighwav 179 where the highway fronts onto Marsh Harbour's property (d 1.1' MSL for Hw-y. 179; 40.0 MSL for the building site at the approximate front of the hotel).' While some Commissioners requested that the hotel height be reduced by five (3) feet. we have serious concerns about doing this. First, discussions with Wimberly. Allison. Tong & Goo Architects suggest that this slight differential could have a substantially negative impact on the overall design and architectural appeal of the building. Second, successful hotel deals are so difficult to assemble, w'e are concerned that even a five-foot limitation versus our proposed height could kill a deal. The height currently proposed for the Resort Hotel Parking Facility is 73 feet. While we seriously considered the suggestion that the height of this building be reduced, we feel accommodating that request could risk having inadequate parking for guests and employees, even for a hotel of 900 units. Further, we are highly confident that we can create a parking facility that will be higlily attractive and complimentary addition to the site. Finally, we know that the parking facility will be a far superior environmental solution when compared to expanses of asphalt throughout the area. Although there was no specific request to increase any buffers or setbacks, we are aware of concerns expressed by the manager o f the Marsh Harbour Timeshare project. Accordingly, we will commit to a setback of 50 feet from the parking deck to the side EXHIBIT B _ 3 _ July 26, 1999 of the timeshare units and a setback of 100 feet from the parking deck to the rear of the timeshare units for as long as the Marsh Harbour Golf & Yacht Club Interval Associates Homeowners Association continues to function in its existing format. This is a considerably greater building setback than the timeshare developer included in his original plan (approximately 18 feet side -to -side; and 100 feet back-to-back) for developing the project as timeshare units. Further, we affirm that we will comply with all air quality standards imposed on parking facilities by the state of North Carolina and the Environmental Protection Agency. 0 OPEN SPACE m There was considerable discussion at the workshop regarding open space and the a m Calabash ordinance requirement that a 1'UD provide at least 25% of open space. We exceed the Town's requirement for open space for believe that our plans, as submitted, several reasons. First, Approximately -,,,% of Marsh Harbour's 212 acres and 31 ° o of Ocean Harbour's 215 acres are already taken up by golf course and we feel that the golf courses should receive full credit in the open space calculation. Second, we have included on1v the unbuilt water and land surface area associated with the marina basin (6% of Marsh Harbour's total 212 acres) to our open space calculation bringing open space up to 60016. Third, we have another 22% of land in open space in Marsh Harbour and 26% additional open space in Ocean Harbour. The grand total of open space in Marsh Harbour amounts to 66% of total land; in Ocean Harbour open space totals to 57% of total land. (As requested bN Commissioner Raleigh. a map accompanies this letter delineating the open space for these two projects.) For perspective. our plan includes several gazebo locations as well as significant lengths of walking ' biking paths that add to the overall value and usefulness of our open space. DENSITY Two Commissioners felt that Marsh Harbour was too densely developed a project at the marina. That is, in fact, the goal of a PUD — higher levels of development in some areas in order to permit little or no development in other areas and we feel that our marina development in conjunction with the rest of the Marsh Harbour plan achieves this objective. (Notwithstanding the above, we feel that our aforementioned 25% reduction in the overall size of the hotel should be a significant factor in reducing the perceived density impact in this corner of the development.) On an overall basis, Marsh Harbour's residential density is 1.6 dwelling units per acre compared to 3.1 at Salt Aire Village, 3.2 at Devaun Park and 6.0+ at most of the beach islands (Sunset, Holden and Ocean Isle). For reference, Ocean Harbour's density is even less —1.2 dwelling units per acre. ID.a JUN 15 2000 F ' �MENT EXHIBIT B —4— July 26, 1999 MAJOR AND MINOR PUD PLAN CN:\NGES An open question in our review process is the issue of major and minor changes — Section 153.159(E)(5) of the Town Ordinance discusses these types of changes once a site plan is alabash Town Administrator, requested as part of approved. Mr. Sanborn, the Town of C our rezoning application that we submit to the Planning & Zoning Board our proposal of major and minor changes. We forwarded our recommendation on to Mr. Sanborn in our letter of May 24,1999 and we respectfully request that the Town Board formally adopt these definitions to be applied to our project. The essence of the major and 1-4 minor changes is that an increase in density or intensity of use (i.e., going from residential to commercial) would constitute a major change: going in the opposite a direction would constitute a minor cliange. 2 INTERLOCAL AGREEMENTS There was discussion at the workshop about interlocal agreements between the fire. police and emergency agencies in Brunswick County, North Carolina and Horry County. South Carolina. Horry County rezoned the South Carolina portions of Marsh Harbour and Ocean Harbour from R-15 to PUD in 1998 and. as a pre -condition to receiving " building pennits. they require that we complete the above mentioned interlocal 4 agreements. Horry County's sole reason for imposing this requirement on the developer was the fact that all ingress and egress to the South Carolina portions of BOTH Marsh Harbour and Ocean Harbour MUST BE ACROSS NORTH CAROLINA SOIL. Since this is not the situation in North Carolina — all North Carolina portions of the property are accessible from North Carolina — we do not feel there is a basis for Calabash to require completed interlocal agreements prior issuing building permits to our project. We are hopeful that these suggested chaires find comfort with all members of the Board of Cornmissioners. Re look forward to the Monday, July 16, 1999 meeting and will be prepared to discuss our position on these [natters or any other matter the Board deems appropriate. If I can be of anv assistance in the interior, please do not hesitate to call me at 5 79-0733. Sincerely.- 65� Kevin Fox Executive Vice President cc: Mrs. Rosemary Raleigh Mr. Forrest King his. LaDane Williamson Mrs. Emilv DiStasio Mr. Robert Simmons Mr. Don Safrit Mr. John Collins Mr. Jon Sanborn Kimley Hamra & Associates Clerk of the Town of Calabash Project Purpose: Methodology: ITEM 4A 4A 4C 4D 4 4'J :NCR .. 1L DECREac D1 D2 r. 3 M%MCHGPUn 12 j 1 i 9 9 Memo to TOWN OF CALABASH PO BOX 4967 CALABASH NC 28467 Determine what is a minor and a manor charge to a site clan that is approved under the zoning classification PUD To create an ordinance amendment to 153.147 E that would clarify the minor/major changes 3y using t:he requirements of the site plan, the individual _tems can be classified as minor or ma1or MINOR MAJOR x X V V x Inst # 31627 Hook 1345Page: 682 V Y Lr �J Jyl HvE a P `d"'JON OF Town of Calabash P:anr__ng x Zonz-a Boara. The Town _._ .,alabash Board of Commissioners :r, reg:::: S=_SZ__non September^_4. _; approved the above grid rOr mince -na=c' changes _ a 1 (01f1) 570_h747 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Harbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index - IM: 3-27 Grid J, K, L-11, 12,13 19-U: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - X: 2 130 000 Y: 50 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present - Engineer Was Present 5. PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash Land Classification From LUP - Developed & Urban Transitional (B) AEC(s) Involved: PT, EW, ES ® Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing - Public Sewer Planned - South Brunswick (F) Type of Structures: Existing - Townhouses, road, golf course, marina Planned - Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters ® Other Disturbed High Ground 66 acres (D) Total Area Disturbed: Approximately 66 acres (E) Primary Nursery Area: No (P) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting to replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Marsh,Harbour Resort Page 2 9. PROJECT DESCRIPTION The Marsh Harbour 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 bulkhead walls. There are existing piers and docks within the marina basin providing boating access. This 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 50' . Much earth work will be required during the development of the property. The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L.L.C., on October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit. 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1 'A" of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100% of the runoff from the impervious area will be captured in an infiltration basin or proposed storm water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the last permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED IMPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark CALABASH. NC 1. APPLICANT c. Street address or secondary road number 10155 BEACH DR., CALABASH, NC a. Landowner. Name MARSH HARBOUR RESORTS, LLC Address 10155 BEACH DRIVE City CALABASH Zip 28467 Day Phone Fax (910) 579-0714 b. Authorized Agent: Name Address MR. DON SAFRIT State NC 11 CAUSEWAY DRIVE (910) 579-0733 City OCEAN ISLE BEACHState NC Zip Fax 28469 Day Phone (910) 575-7263 (910) 575-4737 C. Project name (if any) MARSH HARBOUR RESORT NOTE: Pennir will be !trued in m of lanldowrler(r), and/w Pmjea name. 2. LOCATION OF PROPOSED PROJECT � r�r rr < r�� r rot, l <�. of i, I 11 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) CALABASH RIVER AND MARSH HARBOUR MARINA 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. LAND DEVELOPMENT, HOTEL AND CONDOMINIUMS, TOWNHOME CONSTRUCTION, BULKHEAD, MAINTENANCE REPAIR MINOR FILL OF EXISTING MARINA b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH c. Will the project be for public, private or commercial use? ALL d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. GRADING, DRAINAGE, EROSION CONTROL PER NCDENR AND LOCAL REQUIREMENTS ASSOCIATED WITH MULTI -USE LAND DEVEL- OPMENT PROJECT. EXISTING MARINA INFRASTURCTURE WILI. BE IMPROVED, REPAIRED, AND ALTERED. DIVISION OF ^ AP"A I AAA Uf ^r. &fiPA1T Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 212 ACRES b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NY,rL APPROXIMATELY 10' TO 50'- d. Soil type(s) and texture(s) of tract SAND AND COQUINA e. Vegetation on tract SCRUB PINE, PAMPAS GRASS, COASTAL BERMUDA GRASS, MAINTAINED GOLF COURSE, AND LANDSCAPED AREAS. f. Man-made features now on tract GOLF COURSE, EXISTING MARINA, GOLF CLUBHOUSE, LIMITED NUMBER OF EXISTING TOWNHOUSES (4 BLDGS.) g. What is the CAMA Land Use Plan land classification of the site? (Contact the local land we plan.) _ Conservation x Developed Rural _ Transitional _ Community Other h. How is the tract zoned by local government? PUD i. Is the proposed project consistent with the applicable zoning? X Yes _ No (Anach zoning co pGance certificate, if appGmble) j• Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? YES (Aaech doaanentadon, if available) DIVISION OF COASTAL MANAGEMENT m. Describe existing wastewater treatment facilities. BRUNSWICK COUNTY Future: SBWASA (Routh Rruncwick Water & Sewer Authority) n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) 100% PERCENT OF IMPERVIOUS SURFACE RUNOFF COLLECTED IN INFILTRATION BASINS WITH 50' GRASS SWALES FOR BYPASS RUNOFF BEYOND FIRST 1.5" OF RAIN. o. Describe existing drinking water supply source. BRUNSWICK COUNTY AND CAROLINA BLYTHE 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims tide to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. PROVIDED WITH PAST SUBMISSIONS • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an g 112" by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. SUBMITTED CONCURRENTLY - 'COPIES PROVIDED • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name * SEE ATTACHED LIST Address Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACOE #199701640, NC CAMA #11-97, NC STORMWATER PERMIT SWB 920522, CESAW-0080- 6. CERTIFICATION AND PERNIISSION 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the Se L day of tv W , na(�2 . Print N �OAL-D L • SA G2 r-D � • SAy-a t Sign re r or Authorized Ag N-000-291 *NAMES MAY BE DIFFERENT/PREVIOUS Pleace DmdRS neaRte attachments pertaining [o your proposed • A check for $250 made payable to the Department of PI Environment, Health, and Natural Resources Project' (DEHNR) to cover the costs of processing the X DCM MP-2 Excavation and Fill Information application. DCM MP-3 U land Develo ment • A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A � P P _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. R"CEHVE MY.' U � L ill D Revised 03t9S DIVIS'r" ' OF COASTAL M!,, ' GEMENT Form DCM-MP-2 EXCAVATION AND FILL (Except 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. scribe below the purpose of proposed excavation or fil ctivities. All values to be given in feet. Average Hurl Exirtlog Prqlect Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding Shoreline aabilvztion) E(OETvE AY 0 8 2000 DIVISION OF rOASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? _ Yes _ No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No N/A If yes, where? BACKFILLING A PORTION OF AN EXISTING AREA PREVIOUSLY EXCAVATED FOR COQUINA MINING AND MARINA CONSTRUCTION FOR UPLAND DEVELOPMENT. APPROXIMATELY 138 LF. OF NEW BULKHEAD WILL BE CONSTRUCTED. Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes —No N/A f. Does the disposal include any area in the wateO Yes _ No N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead X Rpprap If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A (3) Purpose Of fill APPROXIMATELY 5500 CUBIC YARDS ASSOCIATED WITH FILL AT NORTHERN END OF EXISTING MARINA b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? x Yes _ No EXISTING MARINA, If yes, NO WETLANDS (1) Dimensions of fill area 200' BY 150' APPROXIMATELY (2) Purpose of fill CONVERT PRIOR UPLAND AREAS b. Length 6330' EXISTING BULKHEAD (RIPRAP + BULKHEAD), BACK TO UPLAND AREAS FOR DEVELOPMENT. 565' TO BE REMOVED, 1415' MODIFIED AND 4350' OF RIPRAP c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Sihorreline erosion during preceding 12 months (Source of information) REPLACED WITH BULKHEAD. NEW TOTAL-5765' 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? SILT FENCE, SEDIMENT BASINS, SHEET PILINGS, AND APPROVED SEC PLAN. f. Tyyppe of bulkhead or riprap material WOOD, CONCRETE, RIPRAP, SHEET PILINGS b. g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfill N/A h. Type of fill material SAND COQUINA OTHER NATIVE SOILS i. Source of fill material ON -SITE What type of construction equipment will he used (for example, dragline, backhoe, or hydraulic dredge)? BACKHOE c. Will wetlands be cussed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTMTIES M t- Rao $ Runt or PrqIW Name (Excluding Shoreline Stabilization) � I nature a. Will fill material be brought to site Yes X No "I a 8 2000 Revtsed03/95 DIVISION OF COASTAL MANAGEMENT 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-1. 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,j, 1 RESTAURANT, PHASE II, FUTURE PLANS INCLUDE b. Number of lots or parcels (SEE BACK) N/A j• c. Density (give the number of residential units and the units per acre) 1.45 UNITS/ACRE 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 APPKuvAL, ONE WILL BE SUBMITTED AT LEAST 30 DAYS 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 tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, impervious and/or built -upon pavement, buildings, rooftops, vehicular driveways or parking. to be covered by surfaces, such as or to be used for .27,57 HOWEVER, (SEE BACK) DIVIMANAOF � GEMENT ^nno 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 .TUNE 10, 1997. Describe proposed method of sewage disposal. BRUNSWICK COUNTY — SBWASA ( South Brunswick Water & Sewer Auth.) Have the facilities described in received state or local approval? (Attach appropriate do"Pwn=dm) FLOW Item i. above YES ACCEPTANCE LETTER k. 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). SURFACE RUNOFF ONCE. TREATED By APPROVED BMP MEASURES 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) BRUNSWICK COUNTY WATER SYSTEM, CAROLI14A BLYTHE. m. Will water be impounded? _ Yes X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A urtr=+___ Revised 03195 A. APPROXIMATELY 18 TOWNHOME UNITS, 8 TENNIS COURTS,`A SPORTS/EXERCISE COMPLEX AND AN OFFICE/PROPERTY MANAGEMENT BUILDING. G. 100% IMPERVIOUS RUNOFF TO BE COLLECTED AND TREATED IN INFILTRATION BASINS. Marsh Harbour Impervious area within the 75' CAMA buffer. AREA FT Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57848.90 1.33 Hotel 14842.30 0.34 Mid -Rise 7453.01 0.17 Total 166788.06 3.83 Total area within the 75' buffer 606181.50 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. RCE MAY 0 11000 COASTAL DIVISION OF MANAGEMENT Proiect Description — Marsh Harbour Resorts EcElvE MAY 0 12000 ON OF COASTAL DIV(MANAGEMENT The applicant, Marsh Harbour Resorts, is requesting re -issuance of the existing permit (Number 11-97) for Marsh Harbour Resorts so that development of the project may continue, as well as, authorization of a revised development plan. The existing Marsh Harbour Marina and Townhouse Complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, North Carolina, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and marina development project. The property was sold and the permit was transferred to Charles Kronenwetter in 1988 and allowed to expire in 1991. The property reverted back to the original owner and a new permit was obtained June 13, 1997. The property was transferred to the current applicant in July 1999 and the existing permit was transferred to the current applicant on October 5, 1999. The majority of the 212-acre project site is relatively undeveloped. The site is vegetated by scrub pine, pampas grass, coastal bermuda grass, landscaped areas and a maintained golf course. Townhouses are located near the entrance to the development, off of Highway 179, in the northwest corner of the property as well as a management/office complex, swimming pool, tennis courts, and associated parking lots. A dirt/marl road provides access to the dock master's building, fuel pumps, sewage pump out and existing 16.9 acre marina which are located in the northeast portion of the property. An eighteen - hole golf course, Marsh Harbour, associated clubhouse and paved access road from Highway 179 exist on the southern/central portions of the property. The applicant is requesting permit authorization for the construction of a seven story, 1200 room hotel and convention center with swimming pools and associated parking deck, four Mid -rise condominiums, twenty condominiums, a clubhouse, a shop, and restaurant. Additionally, 0.68-acres of the existing marina (which was created by excavation of upland) will be filled (coastal waters with no associated wetland/marsh) for development of four of the condominium units. Maintenance/repair and/or replacement of the existing marina bulkhead and riprap area is also being requested. Paved access roads and associated parking areas will also be constructed. Finally, approximately 9 infiltration ponds, designed to NCDENR stormwater requirements will be constructed to collect the first 1 1/2 inches of run off from 100% of impervious surface and will have 50' (minimum length) grass swales for bypass event discharges. Future plans include the development of approximately eighteen townhouse units, eight tennis courts, a sports/exercise complex and a property management office. These sites will be designed according to NCDENR and CAMA Standards at the time of submittal. D .9(C.91 E MAY 0 12000 DIVISION OF COASTAL MANAGEMENT DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Harbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index - M: 3-27. Grid I, K, L•11, 12, 13 IM: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - X: 2 130 000 Y: 50 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present -.Engineer Was Present 5. PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash Land Classification From LUP - Developed & Urban Transitional (B) AEC(s) Involved: PT, EW, FS m Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing - Public Sewer Planned - South Brunswick (F) Type of Structures: Existing - Townhouses, road, golf course, marina Planned -Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED F LED DTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters ® Other Disturbed High Ground 66 acres (D) Total Area,Disturbed: Approximately 66 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is requesting to replace existingshoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. Marsh Harbour Resort r _til Page 2 9. PROJECT DESCRIPTION The Marsh Harbour 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 bulkhead walls. There are existing piers and docks within the marina basin providing boating access. This 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 50'. Much earth work will be required during the development of the property. The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property. and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L.L.C., on October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit. 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1 '/z" of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100 % of the runoff from the impervious area will be captured in an infiltration basin or proposed stone water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the Iasi permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED IMPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland. grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington Form DCM-MP-1 APPLICATION' (To be completed by all applicants) b. City, town, community or landmark CALABASH: NC. 1. APPLICANT a. Landowner: Name MARSH HARBOUR RESORTS, LLC Address 10155 BEACH DRIVE City CALABASH Zip 28467 Day Phone Fax (910) 579-0714 b. Authorized Agent: Name Address MR. DON SAFRIT State NC 11 CAUSEWAY DRIVE (910) 579-0733 City OCEAN ISLE BEACHState NC Zip Fax 28469 Day Phone (910) 575-7263 (910) 575-4737 C. Project name (f any) MARSH HARBOUR':RESORT N07F: Peru* wiR be irrued in name ofkv:doKner(r), and/or prvjea come. 2. LOCATION OF PROPOSED PROJECT , 1 L\ / v i�� \ T 1 1 1'. livi 1� I�. c. ' Street address or secondary road number 10155 BEACH DR., CALABASH,-INC d. Is proposed work within city'limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) CALABASH RIVER AND lyl;�9`�I::\7 i�itlli'uI:1:F11/:1 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. LAND DEVELOPMENT, HOTEL AND CONDOMINIUMS, TOWNHOME CONSTRUCTION, BULKHEAD; MAINTENANCE REPAIR MINOR FILL OF EXISTING MARINA b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH c. Will the project be for public, private or commercial use? ALL d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. GRADING, 'DRAINAGE. EROSION CONTROL PER NCDENR AND LOCAL REOUIREMENTS ASSOCIATED WITH MULTI —USE LAND DEVEL— OPMENT.PRO,7ECT. EXISTING MARINA INFRASTURCTURE WILL BE IMPROVED, REPAIRED, AND ALTERED. DIVISION OF T'AI ie A%I 7. r%C Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 212 ACRES b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL APPROXIMATELY 10' TO 50" d. Soil type(s) and texture(s) of tract SAND AND COQUINA e. Vegetation on tract SCRUB PINE, PAMPAS GRASS, COASTAL BERMUDA GRASS, MAINTAINED GOLF COURSE, AND LANDSCAPED AREAS. f. Man-made features now on tract GOLF COURSE, EXISTING MARINA, GOLF CLUBHOUSE, LIMITED NUMBER OF EXISTING TOWNHOUSES (4 BLDGS) g. What is the CAMA Land Use Plan land classification of the site? (Coniadr q e focal land we plan.) Conservation _ Transitional x Developed _ Community Rural Other h. How is the tract zoned. by.local government? PUD ' i. Is the proposed project consistent with the applicable zoning? X Yes No (Anach zoning compliance cernficare, itrapplicaW) Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? --!-Yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? YES (Attach doaonenradon, if available) DIVISION OF COASTAL MANAGEMENT m. Describe existing wastewater treatment facilities. BRUNSWICK COUNTY Future: SBWASA (South gruncwick Water & Sewer Authority a; Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down' and residential discharges.) 100% PERCENT OF IMPERVIOUS SURFACE RUNOFF COLLECTED IN INFILTRATION BASINS WITH 50' GRASS SWALES FOR BYPASS RUNOFF BEYOND FIRST 1.5" OF RAIN. o. Describe existing drinking water supply source. BRUNSWICK COUNTY AND CAROLINA BLYTHE S. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus .written permission from the owner to carry out the project. PROVIDED WITH PAST SUBMISSIONS • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an g 1/2' by 11" white paper. (Refer to Coastal Resources Commission Rule 7I.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MINI site. Include highway or secondary road (SR) numbers, landmarks, and the like. o A Stormwater Certification, if one is necessary SUBMITTED CONCURRENTLY-j:COPIES PROVIDED • A list of the names and completd 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone * SEE ATTACHED LIST • A list or previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACOE #199701640, NC LAMA /i11-97, NC STORMWATER PERMIT SWB 920522, CESAW-CO80- 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the -&— day of KW W �A Co, Print N -7�60101 D L- 9AF2t i Sign re or Authorized Ag N-000-291 *NAMES MAY BE DIFFERENT/PREVIOUS LAND 0 hcaRte attachments pertaining to your proposed • A check for $250 made payable to the Department of Please Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - i to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A project. x DCM MP-2 Excavation and Fill Information _z- DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. tIi.lvI�l T1g ' t Revised 03195 DIVIS'""" OF COASTAL Mf AGEMENT Form DCM-MP-2 EXCAVATION AND FILL (Except 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. escribe below the purpose of proposed excavation or Ulactivities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Avenge blue ProJed MGM 200' h-15O' 1 5'BLS 115'ASL RMETE tliAY 0 8 2000 cD DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area N/A N/A c. Do you claim title to disposal area? Yes _ No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No N/A If yes, where? BACKFILLING A PORTION OF AN EXISTING AREA PREVIOUSLY EXCAVATED FOR COQUINA MINING AND MARINA CONSTRUCTION FOR UPLAND DEVELOPMENT. APPROXIMATELY 138 LF. OF NEW BULKHEAD WILL BE CONSTRUCTED. Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes —No N/A water N/A (2) Dimensions of fill area N/A f. Does the disposal include any area in the water! Yes No N/A (3) Purpose of fill APPROXIMATELY 5500 CUBIC YARDS ASSOCIATED WITH FILL AT NORTHERN END OF EXISTING MARINA b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? X Yes NO EXISTING MARINA, If yes, NO WETLANDS a. Type of shoreline stabilization (1) Dimensions of fill area 200' BY 150' 3 Bulkhead X Riprap APPROXIMATELY (2) Purpose of fill CONVERT PRIOR UPLAND AREAS b. Length 6330' EXISTING BULKHEAD (RIPRAP + BULKHEAD), BACK'.TO UPLAND'AREAS FOR'DEVELOPMENT*. 565' TO BE REMOVED, 1415' MODIFIED AND 4350' OF RIPRAP REPLACED WITH BULKHEAD. NEW'TOTAL-5765' c. Average distance waterward of MHW or NWL N/A 5. GENERAL d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months (Source of informadon) a. How will excavated or fill material be kept on site and erosion controlled? SILT FENCE, SEDIMENT BASINS, SHEET PILINGS, AND APPROVED SEC PLAN. f. Type of bulkhead or riprap material WOOD, CONCRETE, RIPRAP, SHEET PILINGS b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level BACKHOE (1) Riprap N/A (2) Bulkhead backfill N/A c. Will wetlands be crssed in transporting equipment h. Type of fill material to project site? —Yes X No SAND COQUINA OTHER -NATIVE SOILS If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material ON -SITE 4. OTHER FILL ACTIVITIES M I 4-W'goo2 LI c km t or Peo Name (Excluding Shoreline Stabilization) D mature ti a. Will fill material be brought to site?-- 20QQ Yes X No XV Revised 03/95 DIVISION OF COASTAL MANAGEMENT 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 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 LAMA If yes, date submitted APPRUV=,— ONE WILL BE SUBMITTED AT LEAST 30 DAYS PR OR f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for.paved surfaces. ASPHALT, CONCRETE, TILE, PAVER, MARL 9. Give the percentage of the tract 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) R E CEIVIE Kef.;! 0 P. 2000 ^nn e DIVISION A aGEMENT 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 the facilities described in Item i. above received state or local approval? YES (Amch appropriate dommmwdon) FLOW ACCEPTANCE LETTER k. 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). SURFACE RUNOFF ONCE TREATED RV APPRON ED BMP MEASURES Describe proposed drinking water supply source (e.g. well, community, public system, etc.) BRUNSWICK COUNTY WATER SYSTEM, CAROLINA BLYTHE, in. Will water be impounded? _ Yes X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A !V IQL44LVUd/ Date Revised 03/95 A. APPROXIMATELY 18 TOWNHOME UNITS, 8 TENNIS COURTS, -A SPORTS/EXERCISE COMPLEX AND AN OFFICE/PROPERTY MANAGEMENT BUILDING. G. 100% IMPERVIOUS RUNOFF TO BE COLLECTED AND TREATED IN INFILTRATION BASINS. Marsh Harbour Impervious area within the 75' CAMA buffer. AREA FV Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57848.90 1.33 Hotel 14842.30 0.34 Mid -Rise 7453.01 0.17 Total 166788.06 3.83 Total area within the 75' buffer 1 606181.501 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. D E(0.9 E MAY 0 12000 COASTAL DIVISION OF MANAGEMENT Project Description — Marsh Harbour Resorts D E(OE'vE MAY 0 12000 N OF COAS AIL]MANAGEMENT The applicant, Marsh Harbour Resorts, is requesting re -issuance of the existing permit (Number 11-97) for Marsh Harbour Resorts so that development of the project may continue, as well as, authorization of a revised development plan. The existing Marsh Harbour Manna and Townhouse Complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, North Carolina, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and manna development project. The property was sold and the permit was transferred to Charles Kronenwetter in 1988 and allowed to expire in 1991. The property reverted back to the original owner and a new permit was obtained June 13, 1997. The property was transferred to the current applicant in July 1999 and the existing permit was transferred to the current applicant on October 5, 1999. The majority of the 212-acre project site is relatively undeveloped. The site is vegetated by scrub pine, pampas grass, coastal bermuda grass, landscaped areas and a maintained golf course. Townhouses are located near the entrance to the development, off of Highway 179, in the northwest comer of the property as well as a management/office complex, swimming pool, tennis courts, and associated parking lots. A dirt/marl road provides access to the dock master's building, fuel pumps, sewage pump out and existing 16.9 acre marina which are located in the northeast portion of the property. An eighteen - hole golf course, Marsh Harbour, associated clubhouse and paved access road from Highway 179 exist on the southern/central portions of the property. The applicant is requesting permit authorization for the construction of, a seven story, 1200 room hotel and convention center with swimming pools and associated parking deck, four Mid -rise condominiums, twenty condominiums, a clubhouse, a shop, and restaurant. Additionally, 0.68-acres of the existing manna (which was created by excavation of upland) will be filled (coastal waters with no associated wetland/marsh) for development of four of the condominium units. Maintenance/repair and/or replacement of the existing manna bulkhead and riprap area is also being requested. Paved access roads and associated parking areas will also be constructed. Finally, approximately 9 infiltration ponds, designed to NCDENR stormwater requirements will be constructed to collect the first 1 '/2 inches of run off from 100% of impervious surface and will have 50' (minimum length) grass swales for bypass event discharges. Future plans include the development of approximately eighteen townhouse units, eight tennis courts, a i sports/exercise complex and a property management office. These sites will be designed according to NCDENR and CAMA Standards at the time of submittal. D ECE���� MAY 0D'V12000 COASTAL 1SION OF MANAGEMENT DIrD%IM MUS 91951'H915 .4wE wWasslill {I(1:197 PG051 S BR9RSNICa CORN" RC 01/20/9B $600.00 .an r IIQIOLIRIA Heal Estate ERCIDe Tax oulan as. P 12: 59 To. III, Nr. .. ..... ..._....... ..... ... _ .. Rm114.NN, Vn 251ILBIO ... .. .. V.01W ar .., _.... _.. .. _. _. ....Cwul1 nn IY Iq nl .. ... .11. an, ._ .......... _ ... .._. ... ..... ........ ...... ... .. .. .. ........ nn.mr nnrdl.. x .M,I Ie>,N.. Sml [k.,QB fork, Bixby Rd.. Ativmra. RC _21906... ....... _.... Tali_......__.......__.__..._billuCi ... _ .... .............. .... nxY,l..wa.0 vrapndy..Ddel l-D,AeCan1 kill boson ..._. .......... _. _ Beal darrlrn.r. I., n. Was lot 10. IrreYatahle trust SVDd. NORTH CAROLINA OFNERAL WARRANTY LFFD THIS Dm9 mstrm...23rd. a., et .J.an, .ry. . .Is BB.. K... w:.r.. Cadman CRxNTCE CRLW Y. SY.ITN and .If., xlLRlx S. SPIN BVLLIALTMIr As trusteK under 11.1.nt dated December 29, 19M..1th Wall '1I11 tA.ron sad VI,1Pla Cea V1111ansca 9s Grantors I 08 Port Bixby pned Adr.nce, NC 21005 Cp e- 51S E Dlo 19-��3�. TY drin,mlh anal" and Collins as all, bran rN.0 IN"... all Ldia.. I.dr all, r.nnwq W u.xm• .J .1.1 Yt1.1. aqubr. DIn4 on mers. r..law..r-a!"" m.", IN, nnlot W=13Q lTR, ¢.I Is. C—., br . M.W...nlhnln. raid 1.r . Cnnba In. nnlDl .1 skills i, bmM asks.-MIll, has rd Le IYr .:nnlr dens rrvnl. Walla. IGN ..d n{, "GrillesA. The Grilles 1n , almlla all knit r.-laln IN dm or pilot land sll.J In Ina Col. it octin I S lC Beech'. .... ._Skal lettC,_ Taa..t" Brun.rtek... .. . e..., limn unions ms m.r. WNIMI.nr d.wAVA us manna: BE IM .11 DY Lot 19. In the Udell and YlrDl nla VI Ilm.an 1,11rarble tm.t SVbdI.I.I. .1 Ill .n on a romp thereof recorded In Palo Beek 2 . Da Oe 16 In the RWaorllik CWnty Nbllc Re9lstry. 6) 00 TOTAL /O —REV (DOO TC1. N-fi,IP Ua, RERr s— CM. AM'i hSYI Cnt 593'I v OKI055PG0042 8 95 OCT -2 49 0: 20 ' be�'I:Su3CK CII,Y +e-e[-9: �:.�I.'Iil �• 2864 I :I4': ii f.H.C. u ATEa% S'OI�La_Bu f}„CL121A Tt$?u I Roal Estate a C1)ii FxciSe Tax - .:F- nmramt•rme, 1. 1...d roor —_ Tna 1.•t No. ...... ... .... .... .. 1'oi,rl lara•Ilfa Na. 2571EaW: YerN6 d by.. _-'. .. _.... ... r.nrnr ,., M1• 'in! of rn by—....._.............:......._........... ... ..,... .. een aiter :eeoMne to .Ri chard. P. Goryeb, SO 01d Farmstead Rd., Chen Ler, 1:3 07930 ^y ^ _...._._......_......._.. _...... ................. Tile innt: ument rasa Prcpardd ;n ,.Ode)1. Ucf.arol 11i l l i amson U,f do ... iptlon far the Indez - Lot 0, Irrevocable Trust Spbd. NORTH CAROTINA GENI-R k t'�ARRANI-Y DEEP TRIS D=D medr thin ....loth., on. of .. September„ to 95 . br and 1•.:,..ai ca :e!T0n 011AFT£C BOELL DtCARBL WILLIAOSOP and LZOME - RIQWRO P. WRYE0 and wife, M1.1.1„1,500 (Formerly WARE WILLIAMSON I LESLU A. CGRYEB BULLIN 0,11), as Trustee! under instrw'peat dated December 29, IBM, with Odell Williamson and Virginia Cox Williamson as Grantors ;B Did Farm stead Rd. Chester, Rd 01110 L�7y o�° t` 4I Xh.r 1..11nnr!ate u!ea: far Wee ne"': more. adder¢ .ad. u.atnamtw n—', .: ,map. �0. urperogvv or oen,ce.dn. The deui!;uutian Grantor nod Grantee m need hertln e1e11 h:eu:da said h.u. 1nAr F.tin, r]all Indade a!asaizr. P1ura1, :rohm liaa !tm?nine or neeltr .. re4nirtd by mntert. WITNFMMIE, t!mt the Groh,., for ..aloabt• conaid.•raG.n Puht by the Grsnlan, om receipt of -xbich la hereby acaavledx e, hoe and by th_e preeentd doer venal, aarxain, well -ad tomxv un-a Ih. Gmntet In fee a!m,do. all that eertal. lot or nor«d.1 load+it rated in m. Car of Ocean isle Beach Shallotte uo:n.ltl. .. Brunswick. ... . C..nly, North eamiina and morn Iartimd+rly dracribt,l .a fnienv: BEING all of tot B, in the Odell and Virginia Williamson Irrevocable Trust Subdivision a! sham an a map thereo' recorded to Nap Cabinet Z, Page 16 in the Brunsw:iek County Public Registry. gEl. se—L•Ms — iGT:'. lmoo 4�o:ab BH10692G1133 ervn,•tr6 ,galley ee 01ALe6 700.00 nmpis f10ApUNA t Sell Estate Tn �, EaeR- cache ne .��• IObq �� �1133 96JAII12 Ell 9:15 0.: i,if,IE1Er. t.C•ECOS I:U!ifa:Y: !LC. nna.nlaae nmr. noa.nn r.rc Tea Lot Nn. _......_,..._.... 1'nrceI Identlaer No, 2571ED09 Verified by ....... Count, no the day or by......... _... .... .. IB Mail after retarding to .David Kurt Schmidt, 204 Turquoise Creek Dr., Cary, NC 27513 ..._........... ..__................ .._... ..... ........ ... .This imtrutnent wns prepared by Odell DoCarol Williamson Rd,f docrlplinn in, the Index Lot 9 irrevocable Trust Sold. NORTH CAROLiNA GGNI-RAi. WARRANTY DEED THIS DEED made this ._2Pdday of . January 19 96 - • by sad belueen GRANTOR "HANTEE ODELL-DeCAROL WILLIAMSON and LaDANE DAVID KURT SCHMIDT and wife, WILLIAMSON (formerly LaDANE WILLIAMSON CAROL ANN SCHMIDT BULLINGTON), as Trustees under instrument dated December 29, 198B, with Odell Williali and Virginia Cox Williamson as Grantors Turquoise Creek Drive Cary, North Carolina 27513 ¢nm m .op.epau, ems no ore oe.V: a.m,..ee.,n.M. a snPreMtal,, aun.o-. 61 .ony. ry. r.,p..u.e .r r.n„enep. The daigmwon Graphs, and Grantce as used herein shall include said parties, their heirs, aucceemrs, and sreigns, sad shall include singular, plural, masculine, feminine or neuter as required by mnleat. WITNESSETIL that the Grantor, for a valuable c0n5iderntinn paid by the Grentoe. the receipt of uldch is hereby acknowledged. has and by these presents does gran4 bargain, sell and come, ..to the Grantee in fee simple, all that certain lot or forest of land sitnahed in the City or Ocean Isle Beach Shal lotte Tawnehin. BNndNlek. _ County, North Cp,nlinu and are t..rtir.lari, der,rilwd m hdhays: BEING all of Lot 9, in the Odell and Virginia Williamson Irrevocable Trust Subdivision as shown on a map thereof retarded in Map Book Z , Page 16 in the Brunswick County Public Registry. 000Gr7E mml to 00 U 7 70 C-mTO G ie—lasozle"1 9 Id —+nrc fJCRE:?�2f 3VN 3(ojSr91, X59 C1S71 �?•��og ---- BY....... N a', ba.1„nr_ I'nu Nn.141,1a.IInvA(` Irll . „—w vy .,�. aaa a.a� a a Iw Rnlnsssick County —Register of Deeds Robert J. Robinson hilt 130751 Dook 1343Page 371 11/39/.1999 03:58177n Reel a911�f / Gr�Do I �d E•ust Tea Reeoretnt Time. Book and Pass Tea L., Tn. i .. Parcel Identifier No. ,. Vended ba. .. .. . C..my on. the .. day of .. ... , by I -tad alist repuding m 7-,— -"Id A. :.:.1es, y Associates, P.A. , , . ......... 640� Beech Dr. S.W., ocean Isle Beach, AIC , Tina rm:rv:nen: sve: DreDored Sy 's.friund A. LileS, Attorney 1 Rrief ;or th, Irdes' LO'.' 4 :RREVCCPi2L'c S?liST 5DB NORTH I:AROLTNA GENERAL WARRANTY DEPD 5 NCVEI:BxR 1999 THIS DEED made this day of . ... .. , by and between GRANTOR GRANTEE BROWN LIMITED PARTNERSHIP GEORGE R. BROWN and ,rife, JANE;B. BROWN I 144 WEST THRus TON DAYTON, 01110 45419 n ECURD Of ✓DOH OU IIYDUETO I CONDITION OF ORIGIN L 00CU141EN11 I rnbr m aaa•o0•lan afar' toe 1-1 yw': m r, aJdnu, and, It rYDroDrleln [hand. of ..1i ` 1, na. earpentlan er paNneohlD. The dt.4nation Grantor and DOptea as used heroin shall induda said parties, theiriheirs, successors. and aesirna, and ahali fndudr ..galas. Dlurel.lmaaculine. feminine or neuter as squired by contest. WITN"LSSETiI, that the Grogtor, for a valuable consideration paid by the Grantej, the receipt of which is hereby aran,�kdred. in. and by thole Drocnb does [rant, terrain. sell nod c..,, ,.to the Grantee in fee simple, all that aura,. Inc or ....0 of land a' ' wy o ated in the City SKULOTTE � Sou•nshi D• Chatty, North Carolina and more particularly deaeribed es IYollows: —c:I.G a '_ of Lot d, in the Odell and Virginia Williamson irrevocable :rust ^.bdi s�or. as Shown of a man thereof recorded ir. Map ;Book Z, Page 16 in _... Couri _.....swi c: ry Public RegSt ry. i i .: I....... , ..r r. v.. �r,, „r•• _.. _.....�.. t.... r...:........... . r:.,tt u is BOOK PAGE 1008 00.1 STeTE or ` Mt• ' La(a e N0pLNA Fx^i;eTaK f•P .dyfyN P'o 0 0. 0 0 facuc zh. 600. Tax 1al Nn. Verified by by I FS I D T.' Pi f151f.:h Tl . - ;T[ 94110V 10 All 9t 19 R6aEF.T J. ROBINSON RECISIER aF DEEDS BRUNSWICK CL'DNif. N.C. (; Parcel Identiner,No. 2571 EOD6 County on the day of amf" 0&.. .. ...... _.... _...... .. ..... _....... 19..... __ Mail after recording to Donald D. Peterson, Rt, 4, Box510, Wilkesboro, NC 28697-9336 . ...... ....... ... ....... _ .......................................... This Inelrfllnant We' prepared by Odell DecarDl Williamson [trier description for the lode■ NORTH CAROLINA GI:NIiRAL WARRANTY DEED THIS NEED made this 10th day of October , to 94 , by and between GRANTOtt GRANTEE ODELL DeCAROL WILLIAMSON and LaDANE DONALD.D. PETERSON and wife, WILLIAMSON (formerly LaDANE WILLIAMSON DONNA L. PETERSON Bullington), as Trustees under instrument dated December 29, 1988, with Odell Williamson Rt. 4, Box 510 and Virginia Cox Williamson as Grantors WILKESBORO, NC 28697-9336 a - Y.nfrr'ln spWop,lair bb[a for urh Vary; oamr. &dense. m4 g A9,1al , rtunrler of aolily. Pe. cor,oretwo or pa,fam.blP The designation Grantor and Grantee as used herein shall inelud; said parties, Lheir hein..ueeesaon, and auigna, and .shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH. that the Grantor, for a -valuable consideralion paid by the Grantee• the receipt of which is hereby acknowledged, has and by these presents does grant, bargain. sell and convey unto the Grantee in fee aimple, all that certain tot or paral of land situated if, the City of Ocean Isle Beach Shallotte Township, Brunswick County. \nrth Carolina and more particularly described as follows:' BEING all of Lot 6, in the Odell .and Virginia Williamson Irrevocable Trust Subdivision as shown on a map thereof recorded in Map Book_2—, Page16_ in the Brunswick County Public Registry. RE1. TOTAL �' RLY.1 L TC P f; :CM lV17Y CASH _ _._ LJ. BT q--L— F A. t'Wr 1v... inn}., 3. Mo. an,N[N), Prepared by and mail to: William G Burgin, III (without title examinalien) TUGGLE DUGGINS & MESCHANr, P.A. Post Office Box 2888 Greensboro, North Carolina 27402 NORTH CAROLINA BRUNSWICK COUNTY a s v S Ii 3 C I �I ko s This Deed made this 26o day of February, 1999 by and baween.PATR1ClA K-HINSHAW � (also known as Patricia A.K. Hinshaw) heranafter referral to as'Grantor", and WALTER ERIC HINSHAW (also known as %W Eric Hinshaw), whose address is P.O. Box 389. Mebane, North Carolina 27302. hereinafter referred to as "Grantee", The designation Grantor and Gramm. as used herein, shall include said parties, their heirs, successms and assigns, and shall include the singular, plural, masculine, feminine or neuter, as required by context. 11'ITNES ETil . That the Granlor, in consideration orOne Dollar (SI.00) and other valuable consideration paid by the Gramec, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, transfer and coney unto GRANTEE in fa simple all those catain lots or parcels Orland situated in Shallone Township, Brunswick County, North Carolina and more particularly described as follows: NO TAXABLE CONSIDERATION GENERAL WARRANTY DEED BEING all of Lot I, in the Odell and Virginia Williamson Irrevocable Trust Subdivision as shown on map thereof recorded in Map Cabinet Z, page 16, in the Brunswick County Registry. THIS CONVEYANCE is made pursuant to N.C. General Statute §39•13.3(e) with the express intention of dissolving the tenancy by the entirety of Grantor and vesting the property hereinabove described solely in the Grantee. The Grantor has also executed this warranty deed with the intent to ves title to the property hereinabove described solely in the Grantee, five and dear of any marital interest of the Grantor, including without limitation, any right to receive the Property by (i) equitable disnbution under N.C. Cron. Stet. § 50-20 ei seq.; (ii) dower and any and all. common law, constitutional or statutory rights afforded the Grantor in lieu thereof, (iii) inheritance, dissent or. dembutitm Orin arty manner or way whatsoever upon Grantees death, including the right to dissent from Grantees lam will and testament - Grantor and Grantee acknowledge and agree that Grantee may henceforth own, hold, manage alienate, lease, sell, coney, transfer, assign or encumber the property hereirabove described without the knowledge, further consent orjoinder of Grantor in as full a manna as if Grantor and Girsiuce were unmarred. 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 Crania, 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 fro and dear of all encumbrances, and that Grantor will aaram and defend the title against the lawful claims of all persons whomsoever except for the exceptions hercinafla sated. Title to the property he cinabove described is subject to the following exceptions: I. Easements, restrictions, rights of way and encumbrances, it any, and ad valorem taxes for the current year. 2. Memorandum of Lease in favor of Kingsdown, Incorporated recorded in Book 1217. page 1003, Brunswick County Registry, 9nrsxfUk County -Register of reeds Robert 3. Robinson lost 116077 Rook 1309nage 214 06/11 /1999 11:46ran nenl l bet 1 0. I't IG33 G 3 1 V S9int. 17 7:1-7 p WxCYiCF nn, ,n. OL-19-99 •I :"I! $600.60 ar. c; Real Estate ;.•`y Excise Tax e. T.;,'nl se. .. r rand rron N:,,?.,. 2571EO0g7 Verified by .. .. r.,unt ..n IL, .,.y ..f . It, iIy . mail ;free rewraine In.. L. Richardson Preyer, 3109 Carriage inli 1, WI lsborough, NC 2.7270 Thia instrunent,van prrparnl by Ode 11 DuCaro1 Hi 11 is*.0n ]blot denedptlnn for lire Index Lot 7, Irrr. hlp Tr�a Sul NORTH CAROLINA GENERAi. WARRANT)' 1)1:1:1) -- THIS DEED made'Ya _9th _.... day of Kay . It- 95 . Iq ar,l L•a,,.,., ,, GRANTOR OIIANTI:h: ODELL DeCARCL WILLIA14S011 and LaOANE L. RICHAP.OSON PRCYER and wife, WILLIXIS04 (Formerly LaDANE NILLIAMS011 MRILYII JACOBS PREYLR R1ILLINGTGN), as Trustees under instrument dated Decex:ber 29, 1988. with Odell'Willia. son and Virginia Cox Williamson as Grantors 33G9 Carriage Trail Hillsborough. NC 2727D fnmr m.rr'.vnatt emn mt,ad pnr etm,.anu,. and. n 9nn,.v,Iae ,n. o, u. m —111,, I.e.— .... I..n .. r+,,.... I.I; The deaiCneCnn Grmmr, and Grer.L-e ve Yned herein .hall laclude vid partita. their Lein, —er—ore, cud as+irtn...nd .hail inelude ai.rular. plural, r:Ia.:ulinq feminine ar nentar Y...... i,va by cantor. WITN`_'SSETH, that the Grunter, in, a eIthuble rnmiderntiun p:.id III the Grmdee, the r,-nt of ,I.i,h rz hcrcbr aeWvwledSed, hn. and by these present dn:a 'rant, ha,rein..ell aril 'en., In, ahc Gr+ulet in fen ninl.la, all thet eerteln Int.. Dared a: land aivmte.: to the City nt' Ocean isle Beach Shallotto ...,. I.. hip. 3runsx4ek C... ny. Ynrtb Ca,,.br. z,.a 1p„re rv•.'rienlarly , rcrdmd ::, !xlr.„.. RE1NG all of Lot 7, in the Odell and Virginia Williamson Irreeccable Trust Subdivision as shm:n on a can thereof recorded in Nap Cabinet Z. Pare IG in the Brunswick County Public Registry. w 77 e C^ 457I E' Jcl/ �j. .. .. 10'00 5-0 (o /Q t)J IOI� BY_. yf NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DNISION OF COASTAL MANAGEMENT July 24, 2000 Marsh Harbour Resorts, LLC 10155 Beach Drive Calabash, NC 28467 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to carry out construction on property located at 10155 Beach Drive, Calabash, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make October 3, 2000 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. DH/aw Very sincerely, bng Hugg�� Major Permits/Consistency Coordinator cc: Janet Russell DCM--Wilmington Mr. Don Safrit MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27698-1638 PHYSICAL: 2725 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733-2283 FAX:916-733-1485 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor William E. Holman, Secretary Donna D. Moffitt, Director June 15, 2000 Mr. Don Safrit 11 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Safrit: 1 A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the property known as Marsh Harbour Resort located on Beach Drive in Calabash, North Carolina. It was received on May $, 2000, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 21, 2000. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified. of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the Marsh Harbour site. This notice must be posted at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or stake along the road right-of-way fronting the property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, Oa M. Russell Coastal Mgt. Representative Enclosure cc: Doug Huggett Bob Stroud Jon Sanborn, LPO Jeff Richter, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer LADANE WILLIAMSON COMPANY, LLC May 4, 2000 Mr. Robert Stroud, Regional Supervisor Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Subject: Marsh Harbour Resorts, LLC Signature Authority Dear Mr. Stroud: Please accept this letter as confirmation that Mr. Donald L. Safrit, Vice President for Horizontal Development, LaDane Williamson Company, LLC, has authority to sign the CAMA application forms and attachments associated with the subject project. The proper entity for permit purposes is Marsh Harbour Resorts, LLC If you have any questions regarding this matter, please do not hesitate to contact Mr. Safrit at (910)579-0733 or me at (212)586-0334. c LaDane Williamson, Managing Member Marsh Harbour Resorts, LLC r)IVISIOM OF 10155 BEACH DRIVE • CALABASH, NC • 28467 PHONE: (910) 579-0733 • FAX: (910) 579-0714 RE(OE'vED MARSH HARBOUR MAY 0 12000 DIVISION OF COASTAL MANAGEMENT Golf Coast Realty Inc. Lloyd Edwin & Mar Bennett Larry D. Young P. O. Box 4157 500 Thomasboro Rd. SW P. O. Box 2038 Calabash, NC 28467 Calabash, NC 28469 Myrtle Beach, SC 29578 North Myrtle Beach Medical Simmons Investments Inc. BB&T P. O. Box 675 10020 Beach Dr., SW Suite 3800 Tabor City, N Tryon, NC 28463 Calabash. NC 28467 Charlotte, NC 28467 Brenda Bruce The Furniture Patch of Calabash Oma Taylor Russell 609-A S. Lumia Ave. Calabash, Beach Dr.28 SW P. O. Box NC 2 Wrightsville Beach, NC 28480 Calabash, NC 28467 Calabash. NC 28467 Charles Starnes David P. & Rhonda G. Deeb Prefco III Realty LLC 17 Magnolia Dr. 469 White Heron Court % Pitney Bowes Corp Rt. 2 Sunset Beach. NC 28468 27 Waterview Drive Mebo, NC 28761 Shelton , CT 06484 James M & Nancy F. Puleo Ocean Side Corporation Anne P. Meroni 4277 Kenmont Place PO Box 4640 439 Shoreline Drive West Columbus, OH 43220 Calabash, NC 28467 Sunset Beach, NC 28468 Captain John's Seafood House Pinehurst Builders, Inc. Security Savings & Loan Assoc. 9887 Oak st. 10239 Beach Drive SW Calabash Branch Calabash. NC 28467 Calabash. NC 28467 PO Box 10069 Southport, NC 28461 Edward R. Thomas III Paul Bernard & Jane Jordan Franbeth E. Beesom Trustee 229 Thomas Drive PO Box 4408 PO Box I I04 Shallotte, NC 28469 Calabash. NC 28467 Marion. SC 29571 Harold G. & Ruth S. Winters Calabash ABC Board Wilton Michael Eskridge Sr. Trustee 4620 Rounding Run Rd. Rt 7 Box_58 PO Box 1104 Shallotte, NC 28470 Calabash, NC 28459 Marion, SC 29571 Christopher J. Moshoures, Dr. James L. & Rachel B. Broadhurst H & S Bros., Inc. PO Box 867 3405 North Kings Hwy 4525 S NC 62 Shallotte, NC 28459 Myrtle Beach, SC 29577 Burlington, NC 27215 Commonwealth Inspecting & Contrac. Lois Stein Brookshire 10252 Boundry Dr., SW 532 F. Fleetwood court Calabash, NC 28467 Kingsport, TN 37660 Robert G. Simmons Dave's Place of Calabash 10020 Beach Dr., SW 10008 Beach Drive Calabash, NC 28467 Calabash, NC 28467 Michael Lewis & Judith L. Hold Rav D Simmons 4525 S NC 62 1045 Beach Dr. SW Burlington, NC 27215 Calabash, NC 28467 Shrimp Hunters, Inc. 10050 Beach Rd. Calabash, NC 28467 Derbsters Restaurant & TA PO Box 4152 Calabash, NC 28467 Marsh Harbour Marina, Inc. Marsh Harbour Yacht Club PO Box 4157 Calabash, NC 28467 DECEZED MAY 0 COASTAL ISION OF MANAGEMENT State of.North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director June 16, 2000 Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - Marsh Harbour Resorts, LLC Dear Ms. Sweatt: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Please publish the attached Notice in the Thursday, June 22, 2000 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Chris Pope, Division of Coastal Management, P. O. Box 27687, Raleigh, North Carolina 27611. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, J"— Thekla M. Spencer Coastal Management Secretary Enclosure cc: Doug Huggett File Copy 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer R 1069 K 1 133 4eareba over" In 0111Vtt 100.00 n.nre h ax Tn 0110RGUNA i iris Eac . Excba geclu Tea 96 All 12 ltl 9: 15 r11121ir. Z.OiCusOS nunainv nn,e. rvna .na w Tax Lot No. ................................. I`nrml Idenliher No. 2571EC09 Verified by ..... ...... ._.._.. _............. Cnunly on Ilm do, of by.......... .... .... . t0 MILD after recording to .David Kurt Schmidt, 20E Turquoise Creek Dr- Cary, NC 27513 .... ...---..... ............"'_............ .... __ ... Thi. irnvulaent was p,c,.,td by Odell OeCarol Williamson Brief dt.criptinn rnr the index tot 9 Irrevoeahle Trust Suhd. NORTH CAROLINA GENERAL WARRANTY DEED rr. nnc,r, —d. lu. _2nd _. doe or . January . to 96 . by and hclwven GRANTOR f;RANTEE ODELL-OeCAROL WILLIAMSON and LaDANE DAVID KURT SCHMIDT and wife, WILLIAMSON (formerly LaDANE WILLIAMSON CAROL ANN SCHMIDT BULLINGTON), as Trustees under instrument dated December 29, 1988, with Odell Williamso and Virginia Cox Williamson as Grantors 204 Turquoise Creek Or Car 275 Cary, North Carolina 27513 act. In eorrora.11 ahn M1r ncn wrlr: m:nq.dean. nA 11 fnO..Piar,, June"., er The dnign>tian Grantor and Gnnlce as and herein .hall mcl: d. said N,kh,x. that, hot.. .cc,a.. r. and avign; end .hall include a r,hmr, plural, ma.culine, feminine or venter na required by mntezt. WITNESSETN. that the Grantor, for a valuable covidernlion told Ly the Grantee, the receipt of which la hereby acknowledged, be. and by Once, pncu.ta done grant, bargain. .,If and convey ..to the Grantee in fee simple, all that certain lot or secret of land .Muted in the City of Ocean Isle Beach I Shallotte Tnerr.hi, Brunswick _ . County, North Cored,. and m-,rn pn, ficul.rl, darnnmd .. f.Jlma; BEING all of Lot 9, in the Odell and Virginia Williamson Irrevocable Trust Subdivision as shown on a map thereof recorded in Map Book Z , Page 16 in the Brunswick County Public Registry. REL EUTAI 10.E ^Y 70 D.m ; i I� iaSryl C DG9 ie--L (W(AE:I.__�l 3Wmog 3(p j39), 3C57 BY------ n A.++. I'wn. Mn. l t1,11. aniaa f tell . r-.++,y h.r n� •..�., nr PAGE 02 OnWILSelick Cmanty—Register of Deeds Robert J. RoblMon 1115t 130751 Book 1343Page 371 11119/1999 03:58P, Reel law necordme Time. Book and Feet T.e I,, No. Perot] Identifier No. vtrto't by C ..n1' nn '.be do, of Ned after Iceolding to P-A- -nd A. Associates, 640q I Beach Dr. S.W., Ocean Isle Beach, 11C Tnn 11.o 111;nrld ri, F.C.MUnd A. Liles, Attorney 1, R'wr Ir.d.'! LOT 4. _RR--VCCABL-- TRUST SUB NORTH tAROLINA GENERAL WARRANTY DEED NOVEMBER 'M ; 5 1 19 THIS DEED made Chit day of. by I b.d btt-,.. GRA11,TOR dRANTEE BRG" LIMITED PARTNERSHIP GEORbE R. BROWN and 44ife, JANE:B. BROWN 144 ;WEST THHUS,rON DAYTON, 01110 45419 pECORT) OF poot., QUP -ITY DUE TO CONDITION OF op!GIN i n000mENI ba "1 1.1 add,".. ..d. i T to, Grantor an to ,he deal ... t need h.r.in hall imi.d. said P-ftir.• th,iribeirs. succeasora. .hall ind.d, mg,&r. feminine or newer .s e,ui,,d by ecnteaL. and mine, and WITNESSETN, the, the G,.91.r, fora valuable .... id,wi.o paid by the Gram.,{, the receipt of which i. hereby he, and by th,in ...... 1, dere 1,410. blr,.i,. sell end convey onto the Grantee In et simple, all that I I SHALLOTTZ le,Wn Im or .r,.l w land iI-,at,d in the City of Township. C,Janty. North Ca,olm. and more pe,tlllllrll dl,,,:b,d e, 'fiollowa; BE'NG all of Lot in the Odell and Virginia Williamson Irrevocable Trust d v is-' 1. a S 5".W. of B M3P Thereof recorded ir. Map ;Book Z, Page 16 in IOU; ty Public Registry. . ........ . . 9 e11v11919 nus vwsrnevs _arc uwr¢n IU.197 PGO515 BRUNS41CK CDUNTT RC 01/27/92 n $600.00 tIrp TN II�DLINA Real Eslele �P= I/ Excloo Tex r:l....,. ......_T ..TION P12:59 ul:ui:: Ia l a I Y. R.C. Tn WNe... _.. . _ ...._....... ......._._.. Prml IJnIWr N. 75rItD10 . Ym .Ibr ne.KmR F .*a11m.X..30/1D„t)e lark NO, Rd.. AN. ne.. IIC.:7Q06. .. .. ....... __ ................ _........ _......... ... .... ................ nla.n.....r... p.p..dF ..Dde11.AeC.nl Yllll.eavn ..... ............ _.. BNNn[rl.I.. In lh[ Indn lot to, IRpO[t61! 1rVft 9Vbd. NORTH CAROLINA GENERALWARRANTY DEED iau Dseo m.. m...Sbrd. I., T, .aaru.ry" . 1. 99.. F.vd b:.. CRAW.A W A9 Y. SR1TN Ind .In. -Alm S. vllnl IRILLIAGTMI, as trvsteef under MtIt dltrd Deeerber 29r 196er Mth Mell 111171iataon IM 91r91n1a Cat Y1111anscm II Grmtors 478 Fart Bleby Road Adwm, BC 270M rr WX Ly 4V rN1 r`,� "' .......m.rlW mr r„.0 rr�r.._..,...m.�.......,.n..,.,.[Ie.r..ar..__......mt..r_r..l. TF dind.l. fnnl.. ' ...Ml [ .[v1 \rrn .bll 1.[Iu4I[Id I..nir, l.alr Frlrr ne[nryrA rM .ul.b. [N rMll W[le4 tivrybr. plv[4 .nirvlin. Iu.InMe o nn:o a rrplrrf !r evnlal. 1117FEE . 0,.I IF Crum" Inr ..II.W. raAnlio. nod Iv IM Gnnlm in. rtm" er .b[I h amF nbrv.Iren1, b+.d Yr IFr. t ...1. Mn rn.l b11.1a nD ..d .nuq ..W I.. Cn.kr in In rim". In Ih.l Ir In IN or plpl H 1414 tlNa.J In lhl Cllr It DCMO Isle DCtrh..... Sbbllottt T..n.hlp. em"ick........ ..C...". Nurlb Gwj..... .."P nln11.NI 4'. "I.d .r lollop: BEING III IF I.L 10. In Lle bdell .Id tlr9lnl. Y1111mson 11.1..ble Tmst Svbdlvlsivn ar lhovn on a nV Lhoreof recorded 1n Rip Bevy 9 r Pee. IB in the Rrunsvlcl Cwnly Public R,glstry. P..FT CaC TOIAL /o —HEY U06 TCN'LA -?W 'tJ�. R6f:t �CCK AKi (' (-M# N -I 0 >w suxu <an ro-oa-ss nest F00002 i u.E9 i r.:a ls:!;r.:ahti 95 OCT —2 4R 9: 20 r„ol ''%niRIS: It ,: rpc .I f. H.C. WATEW $6130. ear's' 1t'SL.>.L't .1 .r.,5 Real Es!¢te rr a_ 'excise 7¢x . J It_'e'r._.. Ton Ld" IIJud V-<:4, 2.571EW ,rrl!6.d !4.. ... ...... .. ,.:, •:y" o ii., :' of c, ., an by.....................1..................... .. .._. .. ;Imo niter reenwine to. Richard. P. .Goryeb. 40 Old Fa-nstcad Rd., Clms tor, 8J 07930 ................ .... _........... .. .... .::........................ Thla inatu:rent ran p-namd: V ..Odell. UeCarol Vi l liamson v.!er aesedldim for me Ina.:, Lot 0. Irrevocahle Trust Subd. 1 NORM IJAROT_iNA GENERIAL WATZRANI'Y DEED Tilts DEED mods this ...100.. day of . Septemhc..... .. to 98 . by n,.d I•'h.,en c.=_4:To11 OOELL OaCAROL OILLMN50d and WAKE BILLMMSON (Formerly La[ANE WILLIANSON BULLINGTOB), as Trustee! under instrument dated Oeceaber 29. 1928, with Odell Williamson and Virginia Cox Williamson as Granters GUANT81: RICHARD P. GORYCB and wife, LESLIE A. CGRYEB 48 Old Farmstead Rd. i Chester, NJ 07900 T.+- in epsrem:iau ran: !.1 oa, rsrst n,>,., ada,,,a, —,s v .ec•.e�.x., a,.aa.. .: ,m¢r. r t. <d> .n.. .. pa<o.r>.aiw The deoi¢uat!an Guntur and ❑rantm as aced bem!n aheil L•zh,d: salt Iiarliea, :heir I:,in, snte.:aor:. :.m!- -- e:pll lochuiC e!n1-11-1 plural, :msMlot, tco!a;n' or ne•Atr :. rth:,ircd In enntuat « +. -nu W!TNlaSS.ETH, !Sat the Gr:n'.or, tar a valusble Connidemli:m IN by the Gr>nme, the rteoipt of .,la, le hereby 4,lmOaledq ul. has and Ay Cove presents dots umm, burr -in. sell nod <n n.o ., the Grunter In I" 'hold', all thnt Certain lot or parcel of land sit,>tad in thr C!ty of Ocean lile Beach L 5hal lotte Tnc,nh!p. .. Brunswick_ ,,. County, North fu,miira and mare larlirulah,h.+crlhUl a.+G,:I•n+s: BEIRG all of tot 8, in the Odell and Virginia Williamson Irrevocable Trust Subdivision a! shah on a map theren` recorded in Main Cabinet 7., Page 16 in the Brunswick County Public Registry. vUU.pG 1G ". '61 z BUOY _—PAGE ._ 1008- oral :Tort Or irl - : chl5'e �N ROLINA Fx^i.e lax I entries s_I1-19It! lot F1ILI 94 1181110 All 9: 19 Ti6uERT J. ROBINSON REGISIER OF DEEDS BRUNSWICK COUNIL N.C. (� a 0&.. FYcbe lfa GOO♦ _I Re[arelnr lime, Resat area Pare Tax Wl No. Parcel Identifier No. 2671ECOS ..... ......... ...... ? Verified by County on the day of .............. 19........ _ by Mail after recording to Donald D. Peterson, Rt. 4, Box5l0, Wilkesboro, NC 28697-9336 ... ... ......... ....... .................... This instrument wan prepared by Odell Decarol Williamson Hriet description far the Index NORTH CAROLINA GENE-RAL WARRANTY DEED THIS DEED made this loth day of October , Ig 94 , by and between GRANTOR GRANTEE ODELL DeCAROL WILLIAMSON and LaDANE DONALD D. PETERSON and wife, WILLIAMSON (formerly LaDANE WILLIAMSON DONNA L.-PETERSON Bullington), as Trustees under instrument dated December 29. 1988, with Odell Williamson Rt. 4, Box 510 and Virginia Cox Williamson as Grantors WILKESBORO, NC 28697-9336 o— Keel" lee appnprlwr 1,Wk br urh as", aa,ar, adarw, anq It appmprlale, rharaete, at rnllV, ea. wepanllea ar:parlorMla. The desigmlion Granter and Grantee as used herein shall Include said parties• their het", aaceoaon, and assigns, and shall include aingular, plural, masculine• feminine or neuter as required by context WITNESSETII, that the Grantor, for a valuable cnnal leratinn paid by the Grantee, the receipt of which is hereby acknowledged, has and by these preseuls does grant• bargain. sell and convey unto the Grantee in in simple, all that certain led fir parcel of land situated in the City [,f Ocean Isle Beach Shallotte , .. Township, Brunswick County. North Carolina and more particularly described as fnlln\vs:' BEING all of Lot 6, in the Odell and Virginia Williamson Irrevocable Trust Subdivision as shown on a map thereof recorded in Nap Book1_, Page16_ in the Brunswick County Public Registry. - RE1. TOTAL. —I D' RL•V IF — TOY td i;:C.0 F- TC CASH BY I a \l'IW \un'Iwa ]., I[Igr.YmW[Ielr �.....•[, �. ra. •r—r.[,�, Prepared by and mail to'.. William G Burgin, III (without title examination) TUGGLE DUGGINS & MESCHAN, P.A. Post Office Box 2888 Greensboro, North Carolina 27402 NORTH CAROLINA BRUNSWICK COUNTY I s s o m m iv y s s m s This Deed made this 26'" day of February, 1999 by and between PATRICIA K. I4INSFIAW 1 (also known as Patricia A.K. Hinshaw) heminafter related to as "Grantor and WALTER ERIC `� HINSHAW (also known as WV Eric Hinshaw), whose address is P.O. Box 388, Mebane, North Carolina 27302, hereinafter referred to as "Grantee'. The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter, as required by context. RVITNESIMA That the Grantor, in consideration orOne Dollar (S 1.00) and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these preens does gram, bargain, sell, transfer and convey unto GRANTEE in fee simple all those retain lots or parcels orland situated in Shallotte Township, Brunswick County, North Carolina and more particularly described as follows: NO TAXABLE CONSIDERATION GENERAL WARRANTY DEED BEING all of Let I, in the Odell and Virginia Williamson itcvocable Trust Subdivision as shown on map thereof recorded in Map Cabinet 7_, page Ili, in the Brunswick County Registry. THIS CONVEYANCE is made pursuant to N.C. General Statute §39•I3.3(e) with the Mpress intention of dissolving the tenancy by the entirety of Grantor and vesting the property hereinabove described solely in the Grantec. The Grantor has also executed this warranty deed with the intent to vest title to the property hereinabove described solely in the Grantee, free and clear of any marital interest of the Grantor, including without limitation any right to receive the Property by (i) equitable distribution under N.C. Gen. stat. § 50-20 at seq.; (ii) dower and any and a8 common law, constitutional or rtatutory rights afforded the Grantor in lieu thereof, (fi) inheritance, dissent or distribution or in any manner or way whatsoever upon Grantees death, including the right to dissent from Grantees last will and testament - Grantor and Grantee acknowledge and agree that Grntee may henceforth own hold, manage, alienate, lease, sell, convey, transfer, assign or encumber the property hereinabove described without the knowledge, further consent orjoinder of Grantor in as full a manna as if Grantor and Grantee were unmarred. TO HAVE AND TO HOLD the aforesaid lot or parcel or 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 pranises in fee simple, has the right to convey the same in tee simple, that title is marketable and line: and dear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the properly hereinabove described is subject to the following exceptions: I. Easements, restrictions, rights of away and encumbrances, if any, and ad valorem taxes for the current year. 2. Memorandum of Lease in favor ofKingsdowTM Incorporated recorded in Book 1217. page 1003, Brunswick County Registry. _ Berg iek Cormtl^Regintec of Deeds Robert J. Robinson Inst 916017 Dook 1309Rage 214 06/I1/1999 11:4fiin Rerllbalo• (It ?CDC I033 G 3 1 �g -jo33 �3J tWNSY:te [11}V 06-f9-95 I <511 $600_EO r`v1'N 1;npL1'rafi $ Real Estate "v i;7:f;; Excise Tax � w Toa fat Sc. .. ... .., !•:nva ldrmin-r CerlGed by .. r'.eun. •... g.•e /..r ..f . 11 br Mail .ft.r reLYrdinr to ., L. Richardson Preycr, 3309 Carriage Trail, Hfllsborgngh, NC 77270 ...... ........... ... ............__.... .. Th i. ine:rument .vut prep: red by Ode t.l DeCa rot Wi l l ices cn IDief deecriPtlnn fed lbe Ind,. Lot 7. IrrcvoraNlg Tnast Sn�d NORTH CAROLINA GENI?RAT. WARRANTY 1)1:1:1) T::1S DEED mad[ tYs _9th...... d., or ',lay . I:, 95 , Ip, -.1 1"', ..1 ODANTen C.II A1;TEE ODELL DeCARCL WILLIA/SON and LaDANE L. RICHARDSON PRETEN and wife, ULLIANSCN (Fo merly LaDANE WILLIAMSON KARILYN JACOBS PREYLR KILLINGTON). as Trustees under instrument dated December 29, 1988. with OdelV Nil liamson and Virginia Cox Williamson as Grantors 3309 Carriage Trail Hillsborough, RC 27278 anl[r m anr: [.rear[ emn m[ pea par: remr, aaa.[o..au. n .m,eam4, m..arv. m,mu>. L.e. o[r...u... .. rnm,..nm. The deairration Cantor and G,,nt^e a Yaed herein sb211 itd.ch, .id Partin. their heir..uroe.m«, Ynd aevir. m, and :het! iulYde e!nrulaq Plnlvl, naaculiny feminine or nen41 na regrind 1, runlet. WITNESSETH, Ihot The Crantuq fnr n vahmhle n rpminn Pahl he the Crr.nlr[, We reand of which a hrv[bx ae4nowledred, hp and by these presr.rte doca CnnL berc. n. e01 and mnanp Ymn th, 1:[neoe m he aimP!e, all the: ttrlBin I, Lv Darael of land vitn.,e. in mY Ctlp nf' Ocean Isle Beach Shal 1ptte Brunsw4 c:. CYunty, Snrth Carolina _rd n,ne rv.itiuJYr!y nnsn4r,l a.....I..w,. BEING all of Lot 7, in the Odell and Virginia Williamson Irreeccable Trust Subdivision as shoxn on a mao thereof recorded in Hap Cabinet Z, Page 16 in the Brunswick County Public Registry. 77 i•:llGldj �.� �. (�•W f 6700r0 SO 4_ ,r dJ��at I Z 026 175 494 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See re Z 026 175 456 Us Postal service Receipt for Certified Mail ]ME nce Coverage Provided. notnternational Mefl See reverse rn0 s�R•,AZIP uC Z 026 175 455 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse reSent t ime� relit 100VO I eaJan, eA- p I Office, Stele, A ZIP Code Z..$ n alnn.cl, . U Z 368 517 733 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. 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Du I" use im imemaeortat main Jee inverse Saw to es L4Fach&I & BrwAhu i' Street A Number 136rfikIt Office, Stage, & ZIP Coda Postage $ v Certified Fee L4 6 Spedal Delivery Fee Resbiaed Delivery fee N Relum Face" SAowny bagii Whom & Date Delivered n Pe m retell Spying to Wlvo, < Date, A Addressee's Address i 0 TOTAL Postage d Fees $ Pos9nark or Date 0 LL rn a �T Z 026 175 495 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Z 368 517 103 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Z 026 175 458 us Posted Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See rc U r' Z 368 517 101 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Z 368 517 099 is Postal Service Receipt for Certified Mail Vo Insurance Coverage Provided. ree ,voercel U= lug 1111tl111GIMN1a1 Ma11 JBe nave/Sa Sant to Slleel B Number Post Office, Store, 6 ZIP NC o. saf yG7 Postage $ 1 Certified Fee Ll U L Spedal Delivery Fee Restncded Delivery Fee N Retum Receipt Showing to Whom A Date Delivered Rehm Recapt Slowing to When, Date, A Addessees Address O TOTAL Postage 8 FeesGo 0 Posbnark or Date 0 LL (n a R,'i'ILemas Ju- n as DR. ZIP CoC Z 414 Z 026 175 464 3 Postal Service leceipt for Certified Mail o Insurance Coverage Provided. o not use for international Mail (See a Pos ege $ Certified Fee �t.m ded Delivery Fee Fieceiq Showing bm s Date Delivered Realm Receipt Stang to Mete, Date, a Addressee's Address TOTAL Postage & Fces I $ Postmark or or Date as NOW 1 i a Z 026 175 499 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse t to tt STrest B Num er VlIY� LuME IAI! Post gfice State, A LP Code IC el�49q pie s r S Z 368 517 102 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See rel Z 026 175 496 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. I Z 026 175 417 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do rat use for Intematinnal Man rmo m Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee a Return Receipt Showing to Whom & Date Delivered R i I TOTAL Postage d Fees I S'. T, L, , 1 r'�\ I Z 368 517 736 US Postal Service Receipt for Certified Mail No Insurance Coverage Pn —i Z 368 517 740 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use fnr Intemar:....-i u_v in__ __. Z 368 517 729 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse ISenttov�11�.1T.. 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Do not use for International Mail See reverse Send to The Furruiurc i'' of C-alah soar a NurEer POA Oboe,S k*&ZIP Coda o CC- As Z 026 175 498 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. m mromauunar Mall See reverse Sent o nine. . e o 'r Serest A Numb r P IDifice, State LP Postage Y Codified Fee 1 r,E p Spacial Delivery Fee Remised Delivery Fee Return Receipt Showing to Whom A Date Delivered Retum Receipt Stowing to Whom, Date, & Addressee's Adkess TOTAL Postage a Fees $ (3 Postmark or Date DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING REC9," A) APPLICANT: Marsh Harbour Resorts, LLC County: Brunswick LOCATION OF PROJECT: To replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground DATE APPLICATION RECEIVED COMPLETE BY FIELD: May 8, 2000 FIELD RECOMMENDATION: Attached: Y To Be Forwarded: N CONSISTENCY DETERMINATION: Attached: N To Be Forwarded: Y FIELD REPRESENTATIVE: Janet M. Russell DISTRICT OFFICE: Wilmington\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: =arrUr6181f1117V1= FEDERAL DUE DATE: FEE REC'D:$ END OF NOTICE DATE: DEED REC'D: Ales 150 DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 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 Division. of Water Resources Division of Marine Fisheries Submerged Lands DMF DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT JUN 2 0 2000 1. APPLICANT'S NAME: Marsh Harbour Resorts, LLC 2. LOCATION OF PROJECT SITE: 10155 Beach Drive, Calabash, NC Photo Index -1991: 3-27 Grid J, K, L-11, 12, 13 iH9: 4 194 6 Grid S, T, U-20, 21, 22 State Plane Coordinates - X: 2 130 000 Y: 50 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 2000 Was Applicant Present - Engineer Was Present 5. PROCESSING PROCEDURE: Application Received - cc: May 8, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash Land Classification From LUP - Developed & Urban Transitional (B) AEC(s) Involved: PT, EW, ES a Water Dependent: Yes & No (D) Intended Use: Bulkhead Replacement & High Ground Development (E) Wastewater Treatment: Existing -Public Sewer Planned - South Brunswick (F) Type of Structures: Existing - Townhouses, road, golf course, marina Planned - Hotel, swimming pools, condominiums, clubhouse, a shop, restaurant & new bulkhead around marina (G) Estimated Annual Rate of Erosion: N/A Soiwce - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED F1T.T.F.D ()TFTFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 200' x 150' Open Waters ® Other Disturbed High Ground 66 acres (D) Total Area Disturbed: Approximately 66 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMNIARY: The applicant is requesting to replace existing shoreline stabilization around an existing marina basin, fill the upper end of the basin, and develop the surrounding high ground. 0 Marsh Harbour Resort Paee 2 9. PROJECT DESCRIPTION I I JUN 2 0 2000 MVI'IGn Gnu/ The Marsh Harbour Resort property is located on Beach Drive off of Hi m e 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 bulkhead walls. There are existing piers and docks within the marina basin providing boating access. This 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 50'. Much earth work will be required during the development of the property. The Resort is being developed through an existing CAMA Major Permit, #11-97. This project or property has a long history with various owners and varied development plans. A Major Permit, #74-82, was issued on June 23, 1982 to Marsh Harbour 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. In 1996, the property was owned by Odell Williamson. Mr. Williamson applied for a permit for development of the upland property and maintenance dredging of the existing marina basin. Major Permit #11-97 was issued on June 13, 1997, expiring on December 31, 2000. The existing permit was transferred to the present property owner, Marsh Harbour Resort, L.L.C., on October 5, 1999. The existing permit is set to expire on December 31, 2000. Current owner(s) are now requesting further modification and renewal of the existing permit. 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. Maintenance or replacement of the existing rip -rap and bulkhead is also being requested. Paved access roads and parking lots are also proposed. Nine storm water infiltration ponds will be constructed to collect the first 1 rh" of run off. A 10'-wide wooden boardwalk is proposed all the way around the existing marina basin. The boardwalk and some of the proposed buildings do not meet the proposed 30' buffer rules slated to go into effect in August, 2000. The engineer for the project has calculated an impervious surface area of 27.5 % within the 75' estuarine shoreline area of environmental concern. Also noted is that 100% of the runoff from the impervious area will be captured in an infiltration basin or proposed stone water pond. The supporting calculation is submitted as part of the application package. The existing shoreline around the marina basin is stabilized by bulkheads and rip -rap. Some of the structures need to be repaired or replaced. The applicant is proposing to replace them as necessary in the same alignment as the existing structures. The application indicates 1415 linear feet of existing bulkhead to be repaired or replaced and 4350 linear feet of rip -rap rock to be replaced with a bulkhead wall. Marsh Harbour Resort Page 3 JUN 2 0 2000 The current permit allows for maintenance dredging within the marina basin and entrance channel. Also, the current permit authorizes a total of 257 boat slips; approximately 120 slips are existing. The applicant wishes to keep these prior permit authorizations active as a part of this submittal. More information pertaining to potential spoil disposal area(s) will be required prior to the dredging work commencing. At the time of the last permit request, 1997, the Town of Calabash had a 35-foot height limitation on proposed structures. However, that height restriction has since been repealed. That is to be verified by supporting data that will be reviewed prior to issuance of any modification of the permit. The waters of Calabash Creek are classified as SA by the Division of Water Quality. The waters are closed to the taking of shellfish as determined by Shellfish Sanitation. The area is not a primary nursery area (PNA) as could be designated by the Division of Marine Fisheries. ANTICIPATED IMPACTS: If this project is authorized, it would result in the filling of .68 acres of public trust, estuarine waters within an upland marina basin. Temporary turbidity would likely result from bulkhead replacement, shoreline stabilization work and maintenance dredging. Approximately 66 acres of land would be disturbed for the project. Sediment controls during development would be necessary to prevent sediment from the upland grading/land disturbance from reaching the open waters. Proposed development would result in massive increase of impervious surfaces over the tract with 27.5 % impervious with the 75' area of environmental concern. If the buildings and associated development are allowed within close proximity to the bulkhead, it will prevent future maintenance and replacement of the bulkhead from the landward side of the wall. Janet M. Russell / June 15, 2000 / Wilmington JUN 2 0 2000 Recommendations for State Permit - The Wilmington Office, Division of Coastal Management, recommends that the permit be modified and renewed with the following conditions: Condition #1 and the "Note" that follows it on existing permit #11-97 can be deleted once proper documentation has been reviewed. Condition #3 on the existing permit needs to include language that says that the basin and connecting channel cannot be dredged deeper than the waters they are connected to in the Calabash River. Changes in the location and/or design of the spoil disposal site will require modification of this permit. Marsh harbour Resort should have a NEW storm water authorization from Water Quality. Remove the note near the end of permit referring to New Hanover Mosquito Control Office since this project is in Brunswick County. Please add the following conditions: 1. The 10' boardwalk around the edge of the bulkhead will be wooden and elevated above the surface of the ground. 2. The new bulkhead work, across the existing basin upper end, must be constructed prior to the basin area being back fled. 3. All new bulkheading must be structurally tight so as to prevent seepage of backfill materials through the structure. 4. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. 5. Back -fill material for the bulkhead will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris is not acceptable fill. 6. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 7. The storm water control structures are to be inspected each year by the design engineering firm and certified to be properly maintained and working in compliance with the storm water permit. A copy of this certification is to be mailed to the Division of Coastal Management, Wilmington Office, for the file. Does this project have to meet the 30' buffer rule or not? LADANE WILLIAMSON COMPANY, LLC May 4, 2000 Mr. Robert Stroud, Regional Supervisor Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Subject: Marsh Harbour Resorts, LLC Signature Authority Dear Mr. Stroud: JUN 2 0 2000 Please accept this letter as confirmation that Mr. Donald L. Sa&it, Vice President for Horizontal Development, LaDane Williamson Company, LLC, has authority to sign the CAMA application forms and attachments associated with the subject project. The proper entity for permit purposes is Marsh Harbour Resorts, LLC If you have any questions regarding this matter, please do not hesitate to contact Mr. Safrit at (910)579-0733 or me at (212)586-0334. Sic e y C LaDane Williamson, Managing Member Marsh Harbour Resorts, LLC c E H v F. MAY 0 8 2000 a I sl!VlSIGIh•E 'Tor 10155 BEACH DRIVE a CALABASH, NC a 28467 PHONE: (910) 579-0733 a FAX: (910) 579-0714 t Form DCM-MP-1 APPLICATIO (ro be completed by all applicants) 1. APPLICANT a. Landowner: Name MARSH HARBOUR RESORTS, LLC Address 10155 BEACH DRIVE City CALABASH Zip 28467 Day Phone Fax (910) 579-0714 b. Authorized Agent: Name MR. DON SAFRIT State NC Address 11 CAUSEWAY DRIVE (910) 579-0733 City _ OCEAN ISLE BEACHState NC Zip 28469 Day Phone (910) 575-7263 Fax (910) 575-4737 c. Project name (it any) HARSH HARBOUR RESORT NOTE: Permit wW be issued in Mme of landowner(s), and/or Project name. 2. LOCATION OF PROPOSED PROJECT a. County BRUNSWICK ^��� I�y1I MAY 0 ' fMo Revised ON95 b. City, town, community or landmark CALABASH. NC c. Street address or secondary road number _ 10155 BEACH DR., CALABASH, NC d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) CALABASH RIVER AND MARSH HARBOUR MARINA 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. LAND DEVELOPMENT, HOTEL AND CONDOMINIUMS, TOWNHOME CONSTRUCTION, BULKHEAD, MAINTENANCE REPAIR MINOR FILL OF EXISTING MARINA b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH c. Will the project be for public, private or commercial use? ALL d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. GRADING, DRAINAGE, EROSION CONTROL PER NCDENR AND LOCAL REQUIREMENTS ASSOCIATED WITH MULTI —USE LAND DEVEL— OPMENT PROJECT. EXISTING MARINA INFRASTURCTURE WILL BE IMPROVED, REPAIRED, AND ALTERED. DIVISION OF A n"FI Re.A 4,f a/-'r- A, A"GIT .. .. ... - i er r, arin 1.�r _rr• i `5}r V1 A 'HvED Form DCM-MP-1 LCOASTAL N 2 0 2000 �jj}� D D 2DOD 0 MANAGF DIVISION OF �RE"`_'0 MEN' COASTAL MANAGEMENT m. Describe existing wastewater treatment facilities. 4. LAND AND WATER BRUNSWICK COUNTY CHARACTERISTICS Future: SBWASA ( South Brunswick Water & Sewer Authority_) a. Size of entire tract 212 ACRES n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, "wash down" and residential discharges.) 100% PFRCFNT c. Approximate elevation of tract above MHW or OF IMPERVIOUS SURFACE RUNOFF COLLECTED IN N)VL APPROXIMATELY 10' TO 501 INFILTRATION BASINS WITH 50' GRASS SWALES FOR BYPASS RUNOFF BEYOND FIRST 1.5" OF RAIN. d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. SAND AND COQUINA BRUNSWICK COUNTY AND CAROLINA BLYTHE e. Vegetation on tract SCRUB PINE, PAMPAS GRASS, COASTAL BERMUDA GRASS, MAINTAINED GOLF COURSE, AND LANDSCAPED AREAS. f. Man-made features now on tract GOLF COURSE, EXISTING MARINA, GOLF CLUBHOUSE, LIMITED 5. ADDITIONAL INFORMATION NUMBER OF EXISTING TOWNHOUSES (4 BLDGS.) g. What is the CAMA Land Use Plan land classification of the site? fCaa*+d++>e tom+�* te p� J In addition to the completed application form, the p following items must be submitted: _ Conservation _ Transitional • A copy of the deed (with state application only) or x Developed Community Rural Other other instrument under which the applicant claims tide to the affected properties. If the applicant is not h. How is the tract zoned by local goveniment? clalming to be the owner of said property, then PUD forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No PROVIDED WITH PAST SUBMISSIONS (Amch zoning mmplian--Flifiaue, ifapplimbL-) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an g 1/2' by 11" white paper. (Refer to done for the tract? _ Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other If yes, has a delineation been conducted? YES (Arad+ doamnenradm, if awvlable) Please note that original drawings are preferred and only high quality copies will be accepted. Blue4ine prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-I site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. SUBMITTED CONCURRENTLY --COPIES PROVIDED • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have r"ved a copy of the appliLation raid 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone * SEE ATTACHED LIST • A list of previous state or federal permits issued for work on the project tract. Include permit numbws, permittee, and issuing dates. USACOE #199701640, NC CAMA #11-97, NC STORMWATER PERMIT SWB 920522, CESAW-0080- JUN 2 0 2000 6. CERTIFICATION AND PERNIISSION 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the —&— day of '" I W �A ZeW. Print N _�)01UAI .D L • SA G2 t i Sign re r o�Amd Ag N-000-291 *NAMES MAY BE DIFFERENT/PREVIOUS LAND OWNERS • A check foe $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources proles' (DEHNR) to cover the costs of processing the application. g DCM MP-2 Excavation and Fill Information • A signed AEC hazard notice for projects in oceanfront and inlet areas. N/A • A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A X DCM MP-3 Upland Development DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Hv L goo Revised 03195 D!V!S!� ,FA OF COASTAL 10 'aGEMENT Form DCM-MP-2 JUN 2 0 2000 EXCAVATION MO E EADMENT AND FILL (Except bridges and culverts) Attach this form to Joint Application for LAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. escrtbe below the purpose of proposed excavation or fil ctivities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shorcum nabilizetion) Average now Existing Project 200' 1 150' 1 5'BLS 115'ASL DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? _ Yes _ No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? —Yes If yes, where? be available for future _ No N/A BACKFILLING A PORTION OF AN EXISTING AREA PREVIOUSLY EXCAVATED FOR COQUINA MINING AND MARINA CONSTRUCTION FOR UPLAND DEVELOPMENT. APPROXIMATELY 138 LF. OF NEW BULKHEAD WILT. BE CONSTRUCTED. Revised 03195 ,.. ,. � .....,..,.3,... �, . ,. ` " VV Form DCM-MP-2 L C e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? —Yes —No N/A f. Does the disposal include any area in the water? Yes _ No N/A 3. SHORELINE STABILIZATION JUN 2 0 2000 (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N / A (3) Purpose of fill APPROXIMATELY 5500 CUBIC YARDS ASSOCIATED WITH FILL AT NORTHERN END OF EXISTING MARINA b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes _ No EXISTING MARINA, If yes, NO WETLANDS a. Type of shoreline stabilization (1) Dimensions of fill area 200' BY 150' Y_ Bulkhead X Rpprap APPROXIMATELY (2) Purpose of fill CONVERT PRIOR UPLAND AREAS b. Length 6330' EXISTING BULKHEAD (RIPRAP + BULKHEAD), BACK TO UPLAND AREAS FOR DEVELOPMENT, 565' TO BE REMOVED, 1415' MODIFIED AND 4350' OF RIPRAP REPLACED WITH BULKHEAD. NEW TOTAL-5765' c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months NIA (Source ofinfotmalion) S. GENERAL a. How will excavated or fill material be kept on site and erosion Controlled? SILT FENCE, SEDIMENT BASINS, SHEET PILINGS, AND APPROVED SEC PLAN. f. Tyyppe of bulkhead or riprap material WOOD, CONCRETE, RIPRAP, SHEET PILINGS b. g. Amount of fill in cubic yards to be placed beiow water level (1) Riprap N/A (2) Bulkhead backfill N/A h. Type of fill material 3 D, COQUINA, OTHER NeiIvE SOILS _ i. Source of fill material ON -SITE What type of construction equipment will he used (for example, dragline, backhoe, or hydraulic dredge)? BACKHOE c. Will wetlands be cussed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES M I 4-W R.Bo,)P_ Iirant or Pro ect Name (Excluding Shoreline Stabilization) �0 n a. Will fill material be brought to site?- Zp _ Yes X No D c m: l I Revised 03/95 DIVISION OF COASTAL MANAGEMENT I Form DCM-MP-3 UPLAND JUN 2 0 2000 DEVELOPMEN' (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) c. Density (give the number of residential units and the units per acre) 1.45 UNITS/ACRE 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 APPROV7�; ONE WILL BE SUBMITTED ATLEASTDAY PR R f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. ASPHALT, CONCRETE, TILE PAVER MARL 9. Give the percentage of the tract 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. 5% HOWEVER, (SEE BACK) DECEIVE 0 g 2000 DIVISION OF ^n"cT41_ MANAGEMENT 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.) Have the facilities described in Item i. above received state or local approval? YES (Aaarh appropriare do"nrnmrion) FLOW ACCEPTANCE LETTER k. 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). _ U$}:'ACE RUNOFF ONCE TRFATFII ):Y tPPRnvED BMP MEASURES 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) BRUNSWICK COUNTY WATER SYSTEM, C:AROLINA BLYTHE. in. Will water be impounded? _ Yes X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A �" LVV✓ Date Revised 03/95 Marsh Harbour Impervious area within the 75' CAMA buffet AREA Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57848.90 1.33 Hotel 14842.30 0.34 Mid -Rise 7453.01 0.17 Total 166788.06 3.83 Total area within the 75' buffer 606181.501 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. JT MAY 0 1 Z000 DIVISION O;� COASTAL MANAGEMENT I E C E I V E RE("'IVE JUN 2 0 2000 MAY 0 12000 Proiect Descri tiDIVISION OF COASTAL MANAGEMENT The applicant, Marsh Harbour Resorts, is requesting re -issuance of the existing permit (Number 11-97) for Marsh Harbour Resorts so that development of the project may continue, as well as, authorization of a revised development plan. The existing Marsh Harbour Marina and Townhouse Complex is located at 10155 Beach Drive SW, adjacent to Calabash Creek, North Carolina, in Brunswick County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and marina development project. The property was sold and the permit was transferred to Charles Kronenwetter in 1988 and allowed to expire in 1991. The property reverted back to the original owner and a new permit was obtained June 13, 1997. The property was transferred to the current applicant in July 1999 and the existing permit was transferred to the current applicant on October 5, 1999. The majority of the 212-acre project site is relatively undeveloped. The site is vegetated by scrub pine, pampas grass, coastal bermuda grass, landscaped areas and a maintained golf course. Townhouses are located near the entrance to the development, off of Highway 179, in the northwest corner of the property as well as a management/office complex, swimming pool, tennis courts, and associated parking lots. A dirt/marl road provides access to the dock master's building, fuel pumps, sewage pump out and existing 16.9 acre marina which are located in the northeast portion of the property. An eighteen - hole golf cour f% Marsh Harbour, associated clubhouse and paved access road from Highway 179 exist on the southern/central portions of the property. The applicant is requesting permit authorization for the construction of a seven story, 1200 room hotel and convention center with swimming pools and associated parking deck, four Mid -rise condominiums, twenty condominiums, a clubhouse, a shop, and restaurant. Additionally, 0.68-acres of the existing marina (which was created by excavation of upland) will be filled (coastal waters with no associated wetland/marsh) for development of four of the condominium units. Maintenance/repair and/or replacement of the existing marina bulkhead and riprap area is also being requested. Paved access roads and associated parking areas will also be constructed. infiltration ponds, designed to NCDENR stormwater requirements will be constructed to collect the first 1 �/2 inches of run off from 100% of impervious surface and will have 50' (minimum length) grass swales for bypass event discharges. Future plans include the development of approximately eighteen townhouse units, eight tennis courts, a sports/exercise complex and a property management office. These sites will be designed according to NCDENR and CAMA Standards at the time of submittal. TT MAY 0 12000 DJO DIVISION OF COASTAL MANAGE- MIEN�- ., � � � - � r _ _ �� MARSH HARBOUR ECEIVEf�, MAY 0 12000 LU N OF COASTAL DIVfMA AGEMENT Golf Coast Realty Inc. Llovd Edwin & Mar Bennett Larry D. Young P. O. Box 4157 500 Thomasboro Rd. SW P. O. Box 2038 Calabash, NC 28467 Calabash. NC 28469 Myrtle Beach, North Myrtle Beach Medical Simmons Investments Inc. BB&T JUN 2 0 2000 P. O. Box 675 10020 Beach Dr., SW Suite 3800 Tabor City, NC 28463 Calabash. NC 28467 100 N Tryo COASTAL M Charlotte, N 67 MOREHEApEME� Brenda Bruce The Furniture Patch of Calabash Oma Tavlor Russell 10047 Beach Dr., SW P. O, Box 4970 609-A S. Lumia Ave. Calabash, NC 28467 Calabash. NC 28467 Wrightsville Beach, NC 28480 Charles Starnes David P. & Rhonda G. Deeb Prefco III Realty LLC 17 Magnolia Dr. 469 White Heron Court % Pitney Bowes Corp Rt. 2 Sunset Beach. NC 28468 27 Waterview Drive Mebo, NC 28761 Shelton, CT 06484 James M &Nancy F. Puleo Ocean Side Corporation Anne P. Meroni 4277 Kenmont Place PO Box 4640 439 Shoreline Drive West Columbus, OH 43220 Calabash. NC 28467 Sunset Beach, NC 28468 Captain John's Seafood House Pinehurst Builders. Inc. Securim, Savings & Loan Assoc. 9837 Oak st. 10239 Beach Drive SW Calabash Branch Calabash. NC 28467 Calabash, NC 28467 PO Box 10069 Southport. NC 28461 Edward R. Thomas Ill Paul Bernard & Jane Jordan Franbeth E. Beesorn Trustee 229 Thomas Drive PO Box 4408 PO Box 1104 Shallotte, NC 28469 Calabash, NC 28467 Marion. SC 29571 Harold G. & Ruth S. Winters Calabash ABC Board Wilton Michael Eskridge Sr. Trustee 4620 Roundim; Run Rd. Rt 7 Box'_58 PO Box 1 104 Shallotte. NC 28470 Calabash. NC 28459 Marion, SC 29571 Christopher J. Moshoures, Dr. James L. & Rachel B. Broadhurst H & S Bros., Inc. PO Box S67 3405 North Kings Hwy 4525 S NC 62 Shallotte, NC 28459 Myrtle Beach, SC 29577 Burlington. NC 27215 Commonwealth Inspecting & Contrac. Lois Stein Brookshire 10252 Boundry Dr., SW 532 F. Fleetwood cou, Calabash, NC 28467 Kingsport. TN 37660 Robert G. Simmons Dave's Place of Cal, 10020 Beach Dr., SW 10008 Beach Drive Calabash, NC 28467 Calabash. NC 28467 Michael Lewis & Judith L. Hold Ray D Simmons 4525 S NC 62 1045 Beach Dr. SW Burlingtun, NC 27215 Calabash, NC 28467 JUN 2 0 2000 Shrimp Hunters, Inc. 10050 Beach Rd. E*bash, NC 28467 s Restaurant, 4152 i. NC 28467 Marsh Harbour Marm Marsh Harbour Yacht PO Box 4157 Calabash, NC 28467 MAY 0 12000 I DIVISION 0;: COASTAL MANAaEMENT SECRETARY DONNA D. MOFFITT( NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL; RESOURCES DIVISION OF COASTAy. MANAGEMENT July 17, 2000 Mr. Hunter D. Adams 36 Carolina Shores Drive Carolina Shores, North Carolina 28467-2601 Dear Mr. Adams: Thank you for your June 29, 2000 letter, concerning the Coastal Area Management Act (CAMA) Major permit application submitted by Marsh Harbour Resorts, LLC, in which authorization was requested to replace the existing shoreline stabilization around the existing basin, fill the upper end of the basin and develop the surrounding high ground at The Marsh Harbour Marina adjacent the Calabash River in Calabash, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me by telephone at (919) 733-2293, or email me at Doug.Huggett@ncmail.net if you should have any additional concerns relating to this project. Sincerely, `:?& Alre� Doug Huggett Major Permits Coordinator cc: Janet Russell — DCM, Wilmington DCM, Morehead City t/ FIX5 � MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604 -- PHONE: 919-733-2293 FAX:919-733-1498 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 h NCDENR NORTH CAROLINA DQPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 17, 2000 C.E. Kronenwetter, President Marsh Harbour Golf and Yacht Club H.O.A 36 Carolina Shores Drive Carolina Shores, North Carolina 28467-2601 Dear Mr. Kronenwetter: Thank you for your May 24, 2000 letter, concerning the Coastal Area Management Act (CAMA) Major permit application submitted by Marsh Harbour Resorts, LLC, in which authorization was requested to replace the existing shoreline stabilization around the existing basin, fill the upper end of the basin and develop the surrounding high ground at the Marsh Harbour Marina adjacent the Calabash River in Calabash, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me by telephone at (919) 733-2293, or email me at Doug.Huggen&cmail.net if you should have any additional concerns relating to this project. Sincerely, Doug Huggett Major Permits Coordinator cc: Janet Russell — DCM, Wn"gton DCM, Morehead City �1// MAILING: 1636 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1636 PHYSICAL: 2726 CAPITAL BLVD., RALEIGH, NC 27604 PHONE:919-733-2293 FAX:919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6746 ems, NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 17, 2000 Paul Walker, Vice President Golf Coast Realty, Inc. PO Box 4157 Calabash, North Carolina 28467 Dear Mr. Walker: DIVISION OF COASTAL MANAGEMENT Thank you for your May 25, 2000 letter, concerning the Coastal Area Management Act (CAMA) Major permit application submitted by Marsh Harbour Resorts, LLC, in which authorization was requested to replace the existing shoreline stabilization around the existing basin, fill the upper end of the basin and develop the surrounding high ground at the Marsh Harbour Marina adjacent the Calabash River in Calabash, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me by telephone at (919) 733-2293, or email me at Doug.Huggett@ncmail.net if you should have any additional concerns relating to this project. Sincerely, Doug Huggett Major Permits Coordinator cc: Janet Russell — DCM, Wilmington DCM, Morehead City I/ n.. AN4Rl�A MAILING: 1636 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638 PHYSICAL: 2726 CAPITAL BLVD., RALEIGH, NC 27604 PHONE:919.733-2293 FAX:919-733-149E AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - BOX RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE NOTLINE: 1-877.623.674E w MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator FROM Alex Marks, Wilmington District Planner SUBJECT: Marsh Harbour Resorts: Calabash, Brunswick County, Consistency Determination DATE:. July 7, 2000 Summary Marsh Harbour Resorts proposes to replace the bulkhead and rip -rap around its marina basin, fill the upper end of the basin, and develop the uplands. The upland development will consist of a hotel and convention center with swimming pools and 73 foot tall parking deck, condominiums, townhomes, a clubhouse, a shop, and a restaurant. Four of the condominium buildings are proposed to be built on the filled portion of the marina basin. A 10 foot wide boardwalk is proposed around the marina basin. The project location is 10155 Beach Drive in Calabash. Impact on AECs According to the Division's Field Investigation Report the following AECs are involved: Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES). Waters at the site are classified SA and are closed to shellfishing. The area is not a Primary Nursery Area. LUP review The development proposal has been reviewed for consistency with the Calabash 1999 Land Use Plan Revision ([,UP). Land Classification The LUP's Land Classification Map designates the upland area of the project as Developed. The LUP incorporates the CAMA definition for the developed class into its plan. The LUP also states that lots in these areas are nearly completely developed and that undeveloped lots could be .._ : �___ ..,develope6lby..o�.befouR-aGi3s1:,T�e.C�kM/1 drfina 1.AEC,r i.;�r:,:a4��+3 by the-F,s12,"sa" .rta c;.;ss�firt au Conservation. 'tiie LUP nicorporales the State definition for this land classification as well. Policy Discussion The LUP states that structures wjrich prevent erosion are appropriate uses in the EW AEC when consistent with State rules. For the ES AEC the Calabash LUP states that only uses consistent with 15 NCAC 7H may take place. Development within the ES AEC must also be consistent with the Town's building and development ordinances. Areas which do not allow natural drainage must be limited to that necessary for development. r Recommendation This project appears to be consistent with the Calabash 1999 Land Use Plan Revision provided all local, state, and federal requirements can be satisfied. CC: Bob Stroud, DCM Charles Jones, DCM Janet Russell, DCM Jon Sunburn, Town of Calabash DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26400 November 1, 2000 Regulatory Division Action ID No. 200001404 and State Permit No.-41-97 Marsh Harbour Resorts, LLC 10155 Beach Drive SW Calabash, North Carolina 28467-2701 Dear Sir: RECEIVED NOV 0 6 2000 COASTALM WAGEMENT Reference your application for a Department of the Army (DA) permit to replace existing shoreline stabilization around an existing marina basin, place fill in the upper end of the basin, and develop the surrounding high ground adjacent to Calabash River in Calabash, Brunswick County, North Carolina. In addition, please reference your modification requesting permit authorization to maintenance dredge the existing marina basin. Your proposals have been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. Please be advised that the following are conditions of this DA permit: 1. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3292 at least two weeks prior to beginning work and upon completion of work. 2. The applicant will comply with the attached United States Coast Guard regulations. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Jeff Richter, Regulatory Division, telephone (910) 251-4636. Sincerely, G. Wayne Wright, Chief Regulatory Division Enclosures Copies Furnished (with permit plans): Chief, Source Data Unit NOAA\National Ocean Service ATTN: Sharon Tear N/CS261 1315 East-West Hwy, Rm. 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 UNITED STATES POSTAL SERVICE I I I II I First-Cfass Mail —I Postage & Fees Paid ammt USPS • Sender: Please print you,., r name, address, and ZIP+4 in this box-* PERMITS COORDINATO n DENR-COASTAL MANAGEM rn 1638 MAIL SERVICE CENT To cmRALEIGH, m NC 27699-163 0 I v' 8 1-4% �a,4�41�„��411,4�t�,4a41,,,,41�Ua,,,�1a41,N4111,t111„n1111 ■ 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 card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number (Copy from service label) PS Farm 3811, July 1999 ump c k A. Received by (Please Print Clearly) 113. Date of Delivery C. �Si/ggnnett/�r�@�%/ ❑ X /G✓/ 6 /C—� O Agent D. iw4w'ry address different from Rem 17 ❑ Ye: If YES, enter delivery address below: ❑ No 3. Sr. Type !fled Mail ❑ Express Mail ❑ Return Receipt for Merchandise r ntg it ❑ C.O.D. Xdra Fee) ❑ Yes 102595-99-M-1789 UNITED STATES POSTAL SERVICE First -Class Mail Postage &Fees Paid USPS Permit No. G-10 - Q N to +UC • Sender: Please prin 'tv.egmY address, qP+41 ilso .• _ ul PERMITS COORDINATOR W DENR-COASTAL MANAGEMENT W a 1638 MAIL SERVICE CENTER IE RALEIGH, NC 27699-1638 a� I�rl�li�r�iriirri�i��l�lrrrr�ll�ilrr,�ilrlrtirlrittllir�rrllll ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C' ■ Attach this card to the back of the mailpiece, O or on the front if space permits. Addresses D. I rhomeryaddress different from item 17 ❑ Yes 1. Article Addre edss to ;, ,. _ /f IL H YES. enter delivery address below: ❑ No yam, D . 4,fi ' /S� 6&k, 4✓6 2. Article Number (Copy from service label) 3, SServ�e Type LdCe^ified Mail ❑ Registered ❑ Ins 4. R PS Forth 3811, July 19% Domestic Return ❑ Express Mail Return Receipt for Merchandise ❑ C.O.D. Fee) ❑ Yes 102595-99-M-1789 UNITED STATES POSTAL SERVICE 1111j FifSl-CIaSS M011 Postage &Fees Paid USPS FWETrEt.!1LLE NC 2$3 441 085/10/0 PermrtNo.c-io • Sender: Please print your name, address, and ZIP+4 in this box PERMITS COORDINATOR n DENR-COASTAL MANAGEMEN M 1638 MAIL SERVICE CENTER o < RALEIGH, NC 27699-1638 o C 01 ItIIIII111IIIIfIIIIIII IIIIIfIIIIIII IIIII IIIIIIIIIIIIIIII III III ■ 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 card to you. IS Attach this card to the back of the mailpiece, or on the front if space_ermits. 1. Article Add o:190 _ 2. Article Number (Copy rrom service label) A. Received by (Please Print Clearly) I B. C. ❑ Agent D. Is delivery address different from Rem 1? U Yes R YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Domestic Return Receipt 102595-99-M-1769 iTATES POSTAL SERVICE I I I II I Perm ge & C Sender: Please print your name, address, and ZIP+4 iMis box' W W o N � liJ PERMITS COORDINATOR V DENR-COASTAL MANAGEMENT J a 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 �» Ir�irll���iril��t�i�ri,Irrrrrllrll�rr�lirirrl�lrlr�lrirrr��lli ■ 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 card to you. ■ Attach this card to the back of the mailpieoe, or on the front if space permits. 1. ftele Addressed to � 2. Article Number (Copy from service label) A. Received by (Please Print Clearly) I B. Date of Delivery I Agent Ts-Selivery address different from Rem 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Se a Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Fob 1 Ju, lY 1999 Domestic Return Receipt 10259 WM-1789 I SITE PLAN aon o p Iqp q LEGEND GENERAL B.O.C. BACK OF CURB or BACK OF GUTTER E.O.P. EDGE OF PAVEMENT D.E. DRAINAGE EASEMENT U.E. UTILITY EASEMENT EL or ELEV. ELEVATION INV. STORM SEWER INVERT LF LINEAL FEET NOVD NATIONAL GEODETIC VERTICAL DATUM PC POINT OF CURVATURE PI POINT OF INTERSECTION IT POINT OF TANGENCY PVC PONT OF VERTICAL CURVATURE PN POINT OF VERTICAL INTERSECTION PVT POINT OF VERTICAL TANGENCY R/W or ROW RIGHT OF WAY SB SCIL BORING STA STATION CATV CABLE TELEVISION CPL or CP&L CAROLINA POKER & LIGHT BASE LINE C CENTERUNE C SANITARY SEWER FLOW LINE % XX' LI/II.XX' RL FEET LEFT or FEET RIGHT ® PROPOSED PAVEMENT ELEVATION J EXISTING ELEVATION -- DIRECTION OF DRAINAGE FLOW SWALE & DIRECTION OF FLOW lEi HANDICAPPED PARKING SPACE CM CDRRUGATED METAL PIPE D.I.P. DUCTILE IRON PIPE PVC POLYVINYL CHLORIDE PIPE RCP REINFORCED CONCRETE PIPE ERCP ELLIPTICAL REINFORCED CONCRETE PIPE 5TR- STORM SEWER STRUCTURE vVvvvb UNOERDRAIN STRUCTURES —� AIR RELEASE VALVE �H GATE VALVE WI BOX -�A/1'reQ FIRE HIDRANT I— PERMANENT BLOW -OFF W/ BACTERIAL SAMPLE POINT TEMPORARY BLOW -OFF BACTERIAL SAMPLE POINT PIPE PLUG �— WATER METER REDUCER BACKFLOW PREVENTER/ABOVE GROUND METER �— SANITARY SEWER MANHOLE SANITARY SEWER LATERAL & CLEAN -OUT ---�— PUMP STATION STORM SEWER At STRUCTURE EADWALL --F CONTROL STRUCTURE —® MITERED END SECTION NOTE: OPEN SYMBOLS AND DASHED LINES DENOTE EXISTING IMPROVEMENTS RESORT LADANE P IL 1 � y,+� — BRUNSWICK COUNTY, NC CALABASH, NC DEVELOPED MARSH HARBOUR RESORTS, POST OFFICE BOX 7750 SOUTH BRUNSWICK, NC 28470 PROPERTY OWNER: MARSH HARBOUR RESORTS, LLC. 2 CAUSEWAY DRIVE OCEAN M3LE BEACH, NC 28469 B R U N .1 �A '1 t ih 9uyM11 •r 116h i PlrexsY I. 1C Sup hslfDits ! 7.. BgW9 t! 4 7 r a 01 rc c I f_ SIMI amtYnccamDs� 1�. 9 sic ��� "� PROJECT LOCATION r�r \ 17 CALABASH 3 no a 179 17 cn REPO s 17s PRO.EO'r 'w'rpccr �e HIE \ 179 �4 PROJECT SITE PREPARED IN THE OFFICE OF: Kimley-Horn and Associates, Inc. P.O. BOX 33068 — RALEIGH, NORTH CAROLINA 27636-3068 PHONE; (919) 677-2000 FAX: (919) 677-2050 INDEX TO SHEETS SHEET DESCRIPTION 1 I GENERAL NOTES I 3 DRAINAGE MASTER PLAN 4-12 STORMWATER MANAGEMENT PLANS 113-151 CONSTRUCTION DETAILS 1 158 1 PRELIMINARY SEWER PLAN I If This document, together with the concepts end presented Toes. a aInstrument of se CS only (or the specific purpos and Client to,wM1 c Prepared. Reuse of and improper reliance on this without written outhorimtion am adaptation by Kin and Associates. the shall be without liability Ip Kin and Associatee. Inc. and Associates. Inc. 1999 DATE: APRIL 20, 2000 vEM1L li2Si JOB NUMBER: 018051001 PAVING 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE NTH 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. THE CONTRACTOR SHALL CLEAR AND GRUB THE SITE AND PLACE, COMPACT, AND MOISTURE CONDITION ALL FILL PER ME PROJECT GEOTECHNICAL ENGINEER'S 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 IN MAXIMUM EIGHT (8.0) INCH COMPACTED LIFTS. EACH UFT SHOULD BE COMPACTED TO AT LEAST NINETY-FIVE PERCENT (957) OF ME SOIL'S STANDARD PROCTOR MAXIMUM DRY DENSITY AS DIRECTED BY ME GEOTECHNICAL ENGINEER. 5. TESTING OF MATERIALS REQUIRED FOR ME CONSTRUCTION OF ME 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 ME CONTRACTOR. ME OWNER SHALL APPROVE THE LABORATORY NOMINATED TO DO THE TESTING OF MATERIALS. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO SHOW BY STANDARD TESTING PROCEDURES THAT ME WORK CONSTRUCTED DOES MEET ME REQUIREMENTS OF THE TOM S SPECIFICATIONS. 6. ALL SIGNS. PAVEMENT MARKINGS, AND OTHER TRAFFIC CONTROL DEVICES ON PUBUC STREETS SHALL CONFORM TO ME NCOOT 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 WIN THESE PLANS. TOWN OF CALABASH, AND ME BRUNSWICK COUNTY STANDARD SPECIFICATIONS AND GENERAL DESIGN STANDARDS. 2. ME CONTRACTOR SHALL SALVAGE AND PROTECT ALL EXISTING POWER POLES, SIGNS, MANHOLES, TELEPHONE RISERS. WATER VALVES, ETC. DURING ALL CONSTRUCTION PHASES. 3. ME CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR SITE TRENCH SAFETY DURING ALL PHASES OF CONSTRUCTION. 4. ME CONTRACTOR SHALL VERIFY AND COORDINATE ALL DIMENSIONS SHOWN, INCLUDING ME HORIZONTAL AND VERTICAL LOCATION OF CURB INLETS AND GRATE INLETS AND ALL UTILITIES CROSSING THE STORM SEWER. 5. ME SITE UTILITY CONTRACTOR WALL PROVIDE ALL MATERIALS AND APPURTENANCES NECESSARY FOR COMPLETE INSTALLATION OF THE STORM SEWER. 6. THE INSPECTOR SHALL INSPECT ALL 'PUBLIC' CONSTRUCTION. ME CONTRACTOR'S BID PRICE SHALL INCLUDE ALL INSPECTION FEES. 7. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS AND APPROVALS PRIOR TO COMMENCING CONSTRUCTION. GRADING 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THESE PLANS, TOWN OF CALABASH, AND ME FINAL GEOTECHNICAL REPORT AND GENERAL DESIGN STANDARDS. 2. THE 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 THE STATE OF NORTH CAROLINA 3. THE CONTRACTOR SHALL SALVAGE AND PROTECT ALL EXISTING POWER POLES. SIGNS. MANHOLES. TELEPHONE RISERS. WATER VALVES. ETC. DURING ALL CONSTRUCTION PHASES. 4. THE CONTRACTOR SHALL CLEAR 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 CONTRACTCR SHALL COORDINATE WITH THE UTIUTY COMPANIES FOR ANY REQUIRED UTIUTY ADJUSTMENTS AND/OR RELOCATIONS. 6. TESTING OF MATERIALS REQUIRED FOR THE CONSTRUCTION OF THE PAVING IMPROVEMENTS SHALL BE PERFORMED BY AN APPROVED AGENCY FOR TESTING MATERIALS. ME NOMINATION OF THE TESTING LABORATORY AND THE PAYMENTS FOR SUCH TESTING SERVICES SHALL BE MADE BY ME CONTRACTOR. ME OWNER SHALL APPROVE ME LABORATORY NOMINATED TO DO ME TESTING OF MATERIALS. IT SHALL BE ME CONTRACTOR'S RESPONSIBILITY TO SHOW BY STANDARD TESTING PROCEDURES THAT THE WORK CONSTRUCTED DOES MEET THE REQUIREMENTS OF THE TOWNS SPECIFICATIONS AND THESE PLANS. 7. CONTRACTOR 15 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 ME TREE PROTECTION AREA SHALL BE REMOVED OR DAMAGED WITHOUT PRIOR AUTHORIZATION OF ME OWNER OR OWNER'S REPRESENTATIVE. EXISHNG TREES SHALL BE PRESERVED WHENEVER POSSIBLE. WATER & SEWER 1. ALL MATERIALS AND WORKMANSHIP TO CONFORM TO THE REQUIREMENTS SET FORM BY ME TOWN OF CALABASH. AND BRUNSWICK COUNTY. 2. IN ME EVENT AN ITEM IS NOT COVERED BY THESE PLANS. MEN ME TOWN OF CALABASH, AND ME BRUNSWICK COUNTY GENERAL SPECIFICATIONS COVERING SUCH ITEMS SHALL APPLY. 3. WATER MAINS SHALL BE DUCTILE IRON PIPE AS SHOWN ON PLANS. AND PER TOWN G, CALABASH STANDARDS. 4. SEWER PIPE SHALL BE MINIMUM SON 35 PVC PIPE WIM FACTORY INSTALLED JOINTS USING MATERIALS HAVING RESILIENT PROPERTIES CONFORMING TO ME SPECIFICATION SET FORM IN ASTM DESIGNATION C-425 (PVC BY DICKEY IS SUCH A JOINT). 5. FIRE HYDRANTS SHALL BE NATIONAL STANDARD THREADS PER TOWN OF CALABASH. 6. FIRE HYDRANTS SHALL BE LOCATED A MINIMUM OF 2'-5' FROM ME BACK OF CURB PER TOWN OF VJLABASH. J. IT IS ME CONTRACTORS RESPONSIBILITY TO FIELD VERIFY EXACT LOCATIONS OF EXISTING PUBLIC AND PRIVATE URUTIES AND SERVICES PRIOR TO COMMENCING CONSTRUCTION. S. LOCATIONS AND SIZES OF EXISTING PUBLIC AND PRIVATE UTILITIES SHOWN ON THESE PLANS ARE FROM TOWN AND UTIUTY COMPANY RECORDS ONLY. THE CONTRACTOR 15 SOLELY RESPONSIBLE FOR LOCATING ALL UTILITIES AND FOR DAMAGES RESULTING FROM FAILURE TO DO SO. 9. ME CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING 'AS -BUILT' PLANS TO ME ENGINEER SHOWING ME LOCATION OF WATER AND SEWER SERVICES AND ANY DEVIATIONS FROM PLANS MADE DURING CONSTRUCTION. ME ENGINEER WILL PROVIDE RECORD PLAN TO ME TOWN OF CALABASH. AND BRUNSWICK COUNTY. 10. THE SIZE UTILITY CONTRACTOR SHALL PROVIDE ALL MATERIALS AND APPURTENANCES NECESSARY FOR COMPLETE INSTALLATION OF ME UTILITIES. ALL PUBLIC PIPE. STRUCTURES. AND FITTINGS SHALL BE INSPECTED BY ME TOWN INSPECTOR PRIOR TO BEING COVERED. ME INSPECTOR MUST ALSO BE PRESENT DURING DISINFECTION AND PRESSURE TESTING OF ALL MAINS. ME CONTRACTOR'S BID PRICE SHALL INCLUDE ALL INSPECTION FEES. 11, WATER MAINS SHALL HAVE A MINIMUM COVER OF 36' BELOW PROPOSED SUB GRADE, 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 M.J. TYPE (MEGA. LUG) GENERAL NOTES - WORK IN THIS PROJECT SHALL CONFORM TO THE LATEST EDITIONS OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCOOT) ROAD AND BRIDGE SPECIFICATIONS. ME NCOOT ROAD AND BRIDGE STANDARDS, THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL HANDBOOK AND ME 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 NORTH CAROLINA / STATE BOARD OF HEALTH WATERWORKS AND/OR SEWAGE REGULATIONS AND THE TOWN OF CALABASH DESIGN AND CONSTRUCTION STANDARDS MANUAL 2. ME LOCATION OF EXISTING UTIUTES AS SHOWN IS APPROXIMATE ONLY. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL PUBLIC OR PRIVATE UTILITIES WHICH LIE IN OR ADJACENT TO THE CONSTRUCTION SITE. ME CONTRACTOR SHALL 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 UTIUTY TRENCHES FOR ANY OMER DEP9ESSION REQUIRING FILL OR BACK -FILL SHALL BE COMPACTED 10 95% OF MAXIMUM DENSITY AS DETERMINED BY ME STANDARD PROCTOR TEST AS SET OUT IN ASTM STANDARD D-698.-THE CONTRACTOR SHALL PRIOR TO ANY OPERATIONS INVOLVING FILLING OR BACK - FILLING, SUBMIT ME RESULTS OF ME PROCTOR TEST TOGETHER WITH A CERTIFICATION THAT ME SOIL TESTED IS REPRESENTATIVE OF ME MATERIALS TO BE USED ON ME PROJECT. TESTS SHALL BE CONDUCTED BY A CERTIFIED MATERIALS TESTING LABORATORY AND THE CERTIFICATIONS MADE BY A LICENSED PROFESSIONAL ENGINEER REPRESENTING ME LABORATORJ. 5. TRAFFIC CONTROL ON PUBLIC STREETS SHALL BE IN CONFORMANCE WITH THE TRAFFIC CONTROL PLAN. ME MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES AND AS FURTHER DIRECTED BY TOWN INSPECTORS AND ME NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. B. ANY DISCREPANCIES FOUND BETWEEN ME DRAWINGS AND SPECIFICATIONS AND SITE CONDITIONS OR ANY INCONSISTENCIES OR AMBIGUITIES IN DRAWINGS OR SPECIFICATIONS SHALL BE IMMEDIATELY REPORTED TO ME ENGINEER, IN WRITING. WHO SHALL PROMPTLY ADDRESS SUCH INCONSISTENCIES OR AMBIGUITIES. WORK DONE BY ME CONTRACTOR AFTER HIS DISCOVERY OF SUCH DISCREPANCIES, INCONSISTENCIES, OR AMBIGUITIES SHALL BE DONE AT ME CONTRACTOR'S RISK. 7. A PRE -CONSTRUCTION CONFERENCE SHALL BE HELD PRIOR TO ME START OF CONSTRUCTION. THE CONTRACTOR SHALL ARRANGE ME MEETING WITH ME TOWN ENGINEERING DEPARTMENT. B. ALL DUCTILE IRON PIPE SHALL BE U.S. DUCTILE IRON CLASS 50 PIPE, 9. ME SITE SHALL BE STABILIZED AND SEEDED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. &I 4 mI. D IN F .E: Kimley-Horn CUENT: OCEAN HARBOUR �,. - v 4 T 00 PROJECT: RESORT LADANE Elm" GOLF RESORTS, LLC OCEAN HARBOUR and Associates, Inc. N E DIA GOLF LINKS �w m,.°^: n;,Poue�;;,aao�m;>'M : ^m,;n�o.,'. „oE>. I�;,I,M: Wel - W � ;���n. P.O.BOX00088-RALBYINOFMCAROLINAV6WI2105B GENERAL NOTES DLS All - �rpl ux xmI ae A..xnls, u,�, Issv PHONE. (09) 871 2000 FAX (M) 677-2050 sent: AC 01805100t 15 r SHEET 4 �< ��'- _r I ;= .. ..._. ,... -�.-_ I I1� { , I ) I'l I �,( I ¢u ) I .5 ! \ 'It \ �F ,�+ � u•.r If l d� .\ \ a ' t, it ) '. ! ��7 �n -- __ tt , .t � `-.� ' �... \ :.I •�1 i II,..) i � / � � ) _1 i- ! r] : c ) 74 r - - o. sd` N L .. y%. \{ �.ti n-• "ML-Ir { / \ '.' ..1 ..'.v ter;- m;/� N, r a t "�- '+yt t ! r "` "11a, f /� ?' ..i. 1 \ q x j S 1 - H .. 4 r G 1 . 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T _s SIR $2 - INFILTRATION BASIN J1 It J.r. � t t r3 i \ ; STORMWATER STORAGE ., STRUCTURE 10 } r t�����jµt • v _1° If-s'K DRAINAGE BASIN TOTAL AREA (ACRES) IMPERVIOUS AREA (7.) •' A 2.96 62 B 2.84 60 C 3.39 67 D 1.96' 100 E 1.85 90 F 4.75 53 G 4.83 70 H 4.26 69 1 4.95 55 J 4.01 57 K 2.07 70 L 4.94 56 Y 1.88 38 2 4.30 74 • R06.0 SO W( AFF/5 WLY (PUMPS TO INFILTRATION BASIN #10) i STRUCTURE 5'fiORAGE'' STRRUCTURE 13A J. r PUMP STATION CIA_ (PUMPS TO/INFlLTAATION BASIN pll STORMWATER STORAGE STRUCTURE 1113 1 1 STATPION #3 � (PUMPS TO INFILTRATION BASIN 1( k DRAINAGE BASIN TOTAL AREA (ACRES) IMPERVOUS EA A(7) M 12.76 607' N 6.76 60%. P 7.87 607' 0 1.30 0 R 1.09 0 S 19.10 207" T 2.53 0 U 1.21 0 V 3.42 40R" W 1.30 0 X 237 0 AA 0.68 0 '. • 6= A .M FM NNRE G30WIH ! ^ pPPROA.ATE BNIS WT 'n a A ar Mi a GRAPHIC SCALE � n w ABACK m rze 1 OR h O �1 FUTURE PROJECTS WILL BE DESIGNED ACCORDING TO NCDENR AND CAMA STANDARDS AT TIME OF SUBMITTAL. FRV/Am me or c. rc: AA Kimley-Horn and Associates, Inc. P.O. BOX 00068 - RALEIOH. NORTH CAROLINA 27636-0068 PHONE, (919) 677-2000 FAX (s ) 6V-2050 MARSH HARBOUR GOLF RESORTS, LLG DRAINAGE AREA MAP °"'0 ° MARSH HARBOUR s;_rA RESORT LADANE GOLF LINKS C Hwl n/ ^^v --- -- . ~��� --- PROPOSED 7- jL it rn rn -PROPOSED RIW PROPOSED S WATER 74 ER GRAPHIC SCALE MARSH HARBOUR 03/1 PROJECT: RESORT LADANE GOLF RESORTS, LLC MARSH HARBOUR WEE and Associates, Inc. L-k GOLF"LINKS C J ---- 17 r Ik > D.=5.24, ------------ INFILTRATION- BASIN #11 AC. 75% IMPERMOUS• BOTTOM ELEVATION-47.00 r TOP OF STORAGE ELEVATON=48.00 %4 IDA I;p EXISTING R/ X 06 '-71, 112 109 A.�-vcWn 47 E_ . . . . . . . . . . .......... �FUTURE PROJECT SHOWN P, Bili;iSS DEVICE #4 /'I FOR INFORMATION ONLY (TO BE D�ERSICNEO ACCORDING 'wjpwm vz To N E STANDARDS IN PLACE �EN TNE DESIGN is COMPUTE) E A q6p� E i7TI D fn 'VkWON BASRA', J, ";."'BOTTOU TLEVATIONU47 00,1;1 JOPIOFD-ISTCRAOVEkti-NAnON48.00 OP., 4i. 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AS1 1 80% IMPERVOUS BOTTOM ELEV ;e2.0 d/ �BWASS :DEVICE #72B STORAGE` ELE b:— n t J x ) ,1 (.r M { 1 •9 <.•� INFILTRATION BASIN 12 I t / r-e: awe 1 a wIWR 1 1 r ]13 4 1pI f v 62% IMPERVIOUS I - ( W ) / \ HOAOM ELEV = 4,0,00 1 m<e 1� `-.� I `TOP'Of STORAGE,'ELEV. = 42.50 / J //PROPOSED ACCESS 410 _�` - v �rio3o "4 �... EASEMENT ON PL! Y T �. ♦ v a "FI� I dIrAS d PROPQSEO CCESS EASEMEN ° voiwyH; f ,( s I 1Pq va as i00U-Tr�II f fir• : �;c;„vnv ,>?AAaI.v" �Wlm l.� MATCH LINE SHEET No. 7 {, >` 42 I 3 eqe !e 75' MHWL SETBACK vFCPDSED BVLrcxE rro axe,, .a wnEa 1rn:) - S ( PROPOSED STORMWATER EASEMENT 0 1 2_] PVC STORM WATER PoRCE MAINS I PROPOSED I ACCESS EASEMENT 51 \. 414 r l PPEP,9ED ,xCeS(KE«: - Kimley-Horn CIand Associates, Inc.C. P.o.eoxa�a66-RALEIGKNORrHc ( T AR�wg9�67.76-00 r'HONE: 919 6T]-2000 FAX: "I`"T MARSH HARBOUR GOLF RESORTS, LLO �•• t-. "' ° ��„� o sEuw.•0 �T 033w00 PH°�E=T: RESORT LADANE MARSH HARBOUR GOLF LINKS RE STORMWATER MANAGEMENT OUR `"<�xC .<, «,..,<a�„ <n•<,(umr (•�P;��= xaN wr:q", xmi<rxom= Isari�(..d>.. cameo= ey xen<rx„.,m.aa<,a<m<>a wmm.ua(cm,ry,. xM <rx>...a :<x van6 ¢ �S oa:<w.¢<.as 01805t001 322 —DVVER96N—( ASS) EIWAIlE MATCH LINE SHEET NO. 6 I Yll 75' MHWL SETBACK I PROPOSE ESS JEN 0 V% 0, ii —E—.— . ... 1A . I ... . I, u; 0 I; j,P p. 0 2-3- PiC STORM 0 WATER FORCE MAIN 7, 0 75' MHWL SETBACK d 0 PROPOSED ACC SEMEN BYPASS DEVICE 75 MH WIL SETBACK PROPOSED STORMWATER EASEMENT q, I Irv. WO III... I,— 'I, ...... z; 0 R, EXISTING MARSH HARBOUR —Y239 MARINA 0 STORM WATER STORAGE STRUCTU \4z (400 LF OF 72'CM,) PROPOSED g3472ll PUMP STATION #1 1 0 0 3' PIC STORM WATER FORCE MAIN - T 0 GRAPHIC SCALE MATCH LINE SHEET NO. 8 0" CLIENT: MARSH HARBOcb�PROJECT. Kimley-Horn —2400 RESORT LADANE GOLF RESORTS, L� C : 'L . I - -E. MARSH HARBOUR IN. I.'ll and Associates, Inc. ""51% DLH ; GOLF LINKS EMENT l "'I ll -11- INN.t, 1. NF11.11I 1,Il IDES — RAl NORTH CARCI -0 STORMWATER MANAG C, — 15 I) �-2000 FAX 20 (U37SM , RC 8051001 MHWL + 2.9' 75 MHWL �\ SETBACK t „ �. .. Y-m WR° R WIrzR (m> ♦ m AM1' � '- :a r c. ' —J' PW' TORM WATER PROPOSED ACCESS F q MAIN - , EASEMENT PUMP STATON# 2 gypA55 DEVICE -NO 1113 - 'war $ �y tl Ljj a» mm /som'i O - O WuoSb INFILTRATION BASIN /3 Q I_""_. _.___ _.._ ". -_..__ _ _.__ _.. _.J 537G IMPERVIOUS BWAS BYPASS SWALE BOTTOM ABON>•1000 STORAGE TOP OF STORAGE DEVICE/ 11A PRM°¢o EASEMENTSED ACCESS '. ELEVATION-11.50 - to mL Kb 75' MHWL PUMP STATION NO. 3 ' SETBACK STORM WATER STORAGE PROPOSED STORMWATER STRUCTURE/ 118 EASEMENT (310 LF. 72- CMP) STORM WATER STORAGE PUMPED TO INFILTRATION - -- — i--'-E _ Ems. 21B c I {et; b n�•. STRUCTURE 11A BASIN NO. 11 (430 UP. 72" CMP) MHWL + 2.9' r+ PUMPED TO INFILTRATION BASIN11 O p O O e O p AV ;- PROPOSED STORMWA O EASEMENT STORM WATER STORAGE / — a,T t Yy / ..3. O p (STRUCTURE NO. 7 `e � RAuxo 81 PR ^ 6, fORMWATLt E \ p PUMPED TO INFILTRATON nNxen r, 9 ( EA EVENT , p BASIN/ 7 �� t/ uiWuxl MASS q iv M O ° BYPASS 6 >' ?J�o`� ; s~R ^. XJ `;'.r "`a - SETB ° DEVICE/ 7 ,/ _J/ � ,' Y- wRe E4`iiTrtx (ln.1 �Op GJ /� ♦ ��`". �\ �f BYPASS SWALE Q `P ,/ 75' MHWL SETBACK 2 s�� l9 J• PVC 9TgiN fC(iCF NAII GRAPHIC SCALE (M�) 1 YOGI, (L F x as MATCHEINE SHEET NO. 9 M[iN[Y N TE [TINT M' C,IEA t. MARSH HARBOUR o, JI 00 PRO CT: Kimley Horn GOLF RESORTS, LLC`� _• RESORT LADANE �N ® and Associates nE: 2aB9 DUI MARSH HARBOUR 1 Inc.. 9Fs=I �ot� GOLF LINKS n xmtbN. we P.O. BOX 33069- RALBOH. 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