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HomeMy WebLinkAbout11-97 Marsh Harbor Marinai ?' 1 ° • a% , em:it Class AT Permit Numberw NEW 11-97 STATE OF NORTH CAROLINA Department of Environment,'itealtii & Natural Resources and _ Coastal Resources Commission errrit: ti J Nlsi997�Ufor_ Divi�ioi4 OF X Major Development in an Area of Environmental Conc rrbASTAL MAr IAGEMEN t pursuant to NCGS 113A-118 X Excavation and/or filling puiiiiant to NCGS 113-229 Issued to Marsh Harbour Marina c/o Odell Williamson, 2 Causeway Dr., Ocean Isle Beach- NC 28469 authorizing development in Brunswick County at adj. Calabash Creek, 10155 Beach Drive. Town of Calabash as requested in the permittee's application dated 5/15/96 including attached workulan drawings 1 dated 5/19/96 1 dated received 8/12/96. and 2 (C-1 and C-2) dated existing as of Julv 1996. This permit, issued on �o —\3-9 *1 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 teens may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The Town of Calabash has implemented a 35 foot height limit on the construction of 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 violation 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 perrnittee may request that this permit be modified to authorize construction of this structure. attached sheets for Additional 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 permit expires on December 31, 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 DEINr R and the Chairman of the Coastal Resources Commission. Rog" checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Marsh Harbor Marina ADDITIONAL CONDITIONS Excavation and Fill Permit #11-97 Page 2 of 4 2) 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. 3) 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. 4) 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. 5) 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. 6) 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. 7) No vegetated wetlands will be excavated or filled. 8) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. Marina Development and Operation 9) The existing marine pumpout sewage disposal facility shall be maintained and operable for the life of the marina. Marsh Harbor Marina Permit #11-97 Page 3 of 4 ADDITIONAL CONDITIONS 10) 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. 11) 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. 12) 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. Stormwater Management 13) The Division of Water Quality approved this project under stormwater management rules of the Environmental Manasement Commission on 6/10/97 (Permit No. SW8 920522). Any violation of or deviation from the plan approved by the DWQ will be considered a violation of this CAMA permit. Sedimentation and Erosion Control 14) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 15) 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, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wihnington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment, Health 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. Marsh Harbor Marina Permit #11-97 Page 4 of 4 ADDITIONAL CONDITIONS General 16) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 17) 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. 18) This permit does not alleviate the need to obtain other Federal, State or local permits or authorizations that may be required. NOTE: If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4511, who will initiate the required State and Federal coordination. NOTE: Future development of the permittee's property may require a modification of this permit_ Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. NOTE: It is requested that the permittee contact the New Hanover Mosquito Control Office at (910) 253-2515 to discuss mosquito control measures. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3025 (DWQ Project No. 961106), which was issued on 12/31/96.. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199701640. Permit Class NEW STATE OF -NORTH- CAROLINA Department of Environment; Health `& Natural Resources and''., ; Coa'stal'Resources Commission for X Major Development in an Area of Environmental Concern pursuant toNCGS 113A=118.` X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 11-97 Issued to Marsh Harbour Marina c/o Odell Williamson 2 Causeway Dr., Ocean Isle Beach, NC 28469 authorizing development in Brunswick County at adj_Calabash Creek, 10155 Beach Drive, Town of Calabash as requested in the permittee's application dated 5/15/96 including attached workplan drawings 1 dated 5/19/96 1 dated received 8/12/96 and 2 (C-1 and C-2) dated existing as of July 1996. This permit, issued on b —\ 3-9 tl , 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 terns may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The Town of Calabash has implemented a 35 foot height limit on the construction of 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 violation 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 petmittee may request that this permit be modified to authorize construction of this structure. (See attached sheets for Additional Conditions) This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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 permit expires on December 31, 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 DEHNR and the Chairman of the Coastal Resources Commission. Roge checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Marsh Harbor Marina ADDITIONAL CONDITIONS Excavation and Fill Permit #11-97 Page 2 of 4 2) 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. 3) 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. 4) 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. 5) 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. 6) 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. 7) No vegetated wetlands will be excavated or filled. 8) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. Marina Development and Operation 9) The existing marine pumpout sewage disposal facility shall be maintained and operable for the life of the marina. Marsh Harbor Marina ADDITIONAL CONDITIONS Permit #11-97 Page 3 of 4 10) 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. 11) 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. 12) 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. Stormwater Management 13) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 6/10/97 (Permit No. SW8 920522). Any violation of or deviation from the plan approved by the DWQ will be considered a violation of this CAMA permit. Sedimentation and Erosion Control 14) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 15) 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, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment, Health 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. Marsh Harbor Marina ADDITIONAL CONDITIONS General Permit #11-97 Page 4 of 4 16) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 17) 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. 18) This permit does not alleviate the need to obtain other Federal, State or local permits or authorizations that may be required. NOTE: If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4511, who will initiate the required State and Federal coordination. NOTE: Future development of the permittee'•s property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. NOTE: It is requested that the permittee contact the New Hanover Mosquito Control Office at (910) 253-2515 to discuss mosquito control measures. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3025 (DWQ Project No. 961106), which was issued on 12/31/96.. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199701640. Permit Class Permit Number 11-97 STATE OF NORTH,,CAROLINA Department of Enviionmerit,alth & Natural Resources and'. Coastal Resources Commission A. 1 Prn� for >I , R +e Major Development in an Area of Envrrorimental Concern pursuant to NCGS 113A-1 l8.;'_"'. R Excavation and/or filling pursuant to NCGS 113-229 Issued to Marsh Harbour Marina c/o Odell Williamson 2 Causeway Dr., Ocean Isle Beach, NC 28469 authorizing development in Brunswick County at adj. Calabash Creek, 10155 Beach Drive, Town of Calabash as requested in the permittee's application dated 5/15/96 including attached workplan drawings 1 dated 5/19/96 1 dated received 8/12/96 and 2 (C-1 and C-2) dated existing as of July 1996. This permit, issued on to —\ 3--91'1 , 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. 1) The Town of Calabash has implemented a 35 foot height limit on the construction of 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 violation 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 pemut be modified to authorize construction of this structure. attached sheets for Additional 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 permit expires on December 31, 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 DEHNR and the Chairman of the Coastal Resources Commission. a, —Roge checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Marsh Harbor Marina ADDITIONAL CONDITIONS Excavation and Fill Permit #11-97 Page 2 of 4 2) 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. 3) 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. 4) 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. 5) 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. 6) 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. 7) No vegetated wetlands will be excavated or filled. 8) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. Marina Development and Operation 9) The existing marine pumpout sewage disposal facility shall be maintained and operable for the life of the marina. Marsh Harbor Marina ADDITIONAL CONDITIONS Permit #11-97 Page 3 of 4 10) 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. 11) 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. 12) 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. Stormwater Management 13) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 6/10/97 (Permit No. SW8 920522). Any violation of or deviation from the plan approved by the DWQ will be considered a violation of this CAMA permit. Sedimentation and Erosion Control 14) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 15) 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, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTE: The permittee is advised to contact the Department of Environment, Health 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. Marsh Harbor Marina ADDITIONAL CONDITIONS General Permit #11-97 Page 4 of 4 16) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 17) 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. 18) This permit does not alleviate the need to obtain other Federal, State or local permits or authorizations that may be required. NOTE: If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4511, who will initiate the required State and Federal coordination. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. NOTE: It is requested that the permittee contact the New Hanover Mosquito Control Office at (910) 253-2515 to discuss mosquito control measures. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3025 (DWQ Project No. 961106), which was issued on 12/31/96.. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199701640. Recommendations for State Permit - Marsh Harbor Marina/Odell Williamson This is an existing marina facility, and as such, I have no objection to the continuation of development of the project, provided that the revised plan is consistent with local and other..State and federal regulations. Confirmation should be received from DEM and DLQ, that the project's Stormwater and Sedimentation and Erosion Control Plans are updated and in compliance. The biggest concern about the project is that the proposed spoil disposal area for long-term marina basin maintenance is entirely inadequate. It is my opinion that the Division should take a more pro -active role in requiring applicants to provide for long-term maintenance of basins, channels, and other dredging projects. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DIV >ION OF COASTAL MANAG y�NT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marsh Harbor Marina/Odell Williamson 2. LOCATION OF PROJECT SITE: Existing marina and associated multifamily development site, 10155 Beach Drive S.W., Calabash, NC, adjacent to Calabash Creek, in Brunswick County. Photo Index - 1995: 3-27 I-R, I1-14 1989: 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 (F) 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 rlkhirhanrn (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 \.�J 1 VIVI tf� Gi LIJlLL1 UCII. JO. / aQCS (E) Primary Nursery Area: No (F) Water Classification: SA Open:CLOSED 8. PROJECT SUNMIARY: 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 12/31/88. 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 910395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Marsh Harbor Marina/Odell Williamson Page 2 9. PROJECT DESCRIPTION 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 comer 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 comer,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. 4 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 high -ground 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/dragiine 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 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 0 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 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT labash, NC � �� c. A eet address or secondary road number 6 155 RParh Drive. SW. Calabash. NC a. Landowner: MAY 2 4 199 DIVISION OF d. �{� proposed work within city limits or planning -r Name Odell Williamson r10ece1 nnANAGEUIE risdiction? X Yes No Address 2 Causeway Drive e. Name of body of water nearest project (e.g. river, City Ocean Isle Beach State NC creek, sound, bay) Calabash River Zip 28469 Day Phone Fax 910-579-7303 b. Authorized Agent: 910-579-6222 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Namegllan IPWiC with Fastrnact Fnoineering a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address P. 0. Box 2869 Land'development. no mining or bulkhead work - assembly installation of remaining City Shallotte, State NC Zip 28459 Day Phone 910-754-8029 c. Project name (if any) MARSH HARBOUR MARINA NOTE. Ferni[ will be iuued in came of'lwsdowner(t), and/or project lame. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick 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. Existing Marina currently occupied by over 100 boats. Docks will be built on land, put into water and floated into place With existing piers. an development will proceed in accordance witt stormwater and sedimentationplan previous-. approved by NCDHEC. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 44 Acres b. Size of individual lot(s) varies c. Approximate elevation of tract above NEW or NWL —ARprox 40' to 10' d. Soil type(s) and texture(s) of tract Sand and coquina m. Describe existing wastewater treatment facilities. Carolina Blythe 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.) Sediment basins, ponds, weirs and overflor all per DENR plan referred to 3d above. o. Describe existing drinking water supply source. Both Brunswick County and Carolina Blythe e. Vegetation on tract Srrnh Pine. pampas grass, coastal bermuda grass. f. Man-made features now on tract Existing marina $',complete, all'pilings & u ea excavations. ADDITIONAL rNTORMATION comp ete, ue docks o ice in p ace„2 ndo.bui77di d lu66hottse. g.iat is the �1� and Use Plan land In addition to the completed application form, the classification of the site? (cxwulr the local land we p�`�J following items must be submitted: TT Conservation Trans tlo A, ( j:JA �e deed (with state application only) or Y. Developed Conity Rural �1e LJ MAY 2 4 °der ' went under which the applicant claims title j ptha ected properties. If the applicant is not h. How is the tract zoned by local government? DIVISION O chiautung to be the owner of said property, then pnn COASTAL MANAG M I copy of the deed or other instrument under w tc a owner claims title, plus written permission L Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach Zoning compliance certifirare, if applicable) • 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 8 1/2" by 11" white paper. (Refer to done for the tract? Yes _ X No Coastal Resources Commission Rule 71.0201 for a If yes, by whom? detailed description.) On fi 1 e wi th your offi ce. 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 1- No Coastal (marsh) Other If yes, has a delineation been conducted? (Aaach documentation, if available) 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 On file with your office. Revised 03195 i �a e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes y No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead X Riprap b. Length E6V - e-csting c. Average distance waterward of MHW or NWL N/A d. MaxiN }lm distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months _ less than 2 " year (Source of info —don) inspection f. Type of bulkhead or riprap material are P. w/ CAT) k (LPagmel (this is PYi Ct" 1 ng) g. Amount of fill in cubic yards to be placed below water level (1) Riprap 0 (2) Bulkhead backfill h. Type of fill material N/A - e st-ino i. Source of fill material N/A - existing 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. -Will fill material be brought to site? - X Yes No If yes, (1) Amount of material to be placed in the water n (2) Dimensions of fill area 3m Pc (3) Purpose of fill grading for footmints, paridZIR, etc. b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes T No If yes, (1) Dimensions of fill area N/A (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? adequate erasion controi measures will be constructed and anintained . r b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dragliae for periodic bsin and canal anantenance c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. 4PPU=e a`Prolea-Name Marsh Harbour Maria -S8fia+u- Project Name 8 8L Date Rerised 03195 .Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. On file with your office 5/26/92 & 5/27/92 • 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. 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. Name flnrot V. Terry I certify that I am authorized to grant, and do in fact, Address 402 Glasgow Road Pew o representatives of state and federal Phone Cary. NC 27511 I 1 I ' revrew agesei Tenter on the aforementioned lands in 1� connection wr evaluating information related to this Name Mrs.Betty Leonard _ t �icy and follow-up monitoring of the Address 1001 Calabash Road SW MAprojezt� o Phone Calahach NC 28467 DIVISION OF Name COASTAL MftllftSE WThat the information provided in this application is truthful to the best of my knowledge. Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NC No. 015712 1/31/96, Stormwater Project Environment, (DEHNR) to application. This is the 115W day of All 19�. Print Name /JD�P �� �A /i,��l dJ 0 /Y Signature lY W 1 Lamer or Authorized Agent bra,J�en0nam� oTe�� F ronen a ter. m e paya a to a apartment o Please indicate attachments pertaining to your proposed Health, and Natural Resources pfOl' cover the costs of processing the DCM MP 2 E and Fill Inf • A signed AEC hazard notice for projects in oceanfront and inlet areas. • 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. Not applicable. _ zcavauon ormattan _ 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 botrom of each form. Revised 03195 . 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 Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) (Cnlalssh &eek) Canal Boat basin Boat ramp Rock - groin Rock breakwater Other (F.xeluding. shoreline uabili=ion) Average Final EAsthtg Project Length Width Depth Depth ENE awwav, �X;� 29 T(010�lvl� AUG 12 1996 D!'ViJwN OF COASTAL MA14AGEMENT 1. EXCAVATION a Amount of material to be excavated from below MHW or NWL in cubic yards 800 b. Type of material to be excavated tvm'raUy candy tmterial in canal and boat basin c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards 0 r 2. DISPOSAL OF EXCAVATED MATERIAL disposalz. Location of 0157120 ■w ■I' Mr b. Dimensions of disposal area 1 age +- c. Do you claim title to disposal area? _ ... x_ Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes _ No If yes, where? Skc�- A above Revised 03/95 Form DCM-MP-3 UPLAND rn.. )O AUG 12 1,;�� DEVELOPMENTGA, ALI1VAiJAGEMENT (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 Coavnn. stick —built town — homes w/ clubhouse, tennis courts, pools b. Number of lots tract or parcels N/A; entire tct 27.6 ¢sfso c. Density (give the number of residential units and the units per acre) 400 + Units 8 urr is/AC d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 25 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? X Yes No If yes, date submitted I5 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. marl, paver stone, asphalt and concrete: 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. TV + 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 1986 Permit # SE920522 Describe proposed method of sewage disposal. Ptnrp to existang lar'OI1na Blythe Utilities latent ari I ry j. Have the facilities described in Item i. above received state or local approval? yes (Attach appropriate doarmenration) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash doITA" and residential discharges). Describe proposed drinking water supply source (e.g. well, community, public system, etc.) &zmsrick Gnurty Water Svsten m. Will water be impounded? If yes, how many acres? _ Yes X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A App6�sat• er-t'-rejed.Wsme S i g n a t u r e Marsh Harbour Marina 44aatam Project Na;ae S f g/96 Date Revised 03/95 .Form DCM-MP-6 MARINA o O T VE DEVELOPMENT MAY 2 4 1996 DIVISION OF (Required for the mooring of more than 10 vessels) 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. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial _ Public X Residential Private b. Will the marina be open to the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 16 condo units.:�:250 planned ± d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Y Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips 120 No Dry storage Number of boats 110 no Boat ramp(s) no Other (describe) e. Check below the proposed type of siting. Land cut and access channel X Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). mixed Revised 03195 COASTAL MANAGEMENT g. Typical boat length 3n' to 4n' h. Maximum boat length 100' i. Are any floating structures planned? Yes If so, describe docks - floating concrete most are already in place 2. MARINA OPERATIONS a. Check each of the following sanitary: facilities that will be included in the proposed project. yes Office toilets ` yp-; Toilets for patrons Number 3 Location dock masters office & B Dock yes Showers yes Boat holding tank pumpout Type and location at dockmasters - electric pump b. Describe treatment type and disposal location for all sanitary wastewater. 2 holding tanks that are oumoed out as needed c. Describe the disposal of solid waste, fish offal and trash disposal. oickad tip by Waste Management Trash Services d. How will overboard discharge of sewage from boats be controlled? Inspection of hnatc with right to lock any Y valves in closed position. e. Give the location and number of "No Sewage Discharge" signs proposed. There are 4 existing signs and located at beginning of each dock area. Form DCM-MP-6• f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No paint facilities available or allowed. Petroleum - 250 gallon used oil drum No Sandblasting allowed. Drum is emptied by a commercial service. g. Where will residue from vessel maintenance be disposed of ? No maintenanre allnwed nn site. h. Give the number of channel markers and "No Wake" signs proposed. existing 2 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. See SkPtrh attached_ Oil_ containment boom is mounted on floating work barge available to deploy at once j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Existing marina bottom is sloped from furtherest oint to entrance at Ca a ash River to facilitate flushing._ k. What will be the marina policy on overnight and live -board dockage? Transits are accomodated for one or twn night if digrharge valve is locked off and they uge on nrPmigeg shower and bath facilities. 1. Is the proposed marina located near any shellfish leases? Yes _x No If yes, give the name and address of the leaseholder. in. If this project is an expansion of an existing marina, what types of services are currently provided? All facilities previously mentioned above are existing. Marina has been in operation since 1988 and has been in compliance/government regulations. n. How many slips are now available? 120 o. Is the marina proposed within a primary or secondary nursery area? Yes x No p. Is the marina proposed within an area open to shellfish harvesting? Yes _x No q. Give the location and number of "Pumpout Available" signs proposed. 1 located at pump — next to dockmasters office. MARSH HARBOUR MARINA Applicant, or Protect Name s'egnamre �/SQ6 Date MAy 2 4 1996 DIVISION OF COASTAL MANAGEiviENT Revised 03/95 State of North Caroling .> _ Department of Environi4ient, Health and Natural Resources ` • Wilmington Regional Office Division of Coastal Management A James B. Hunt, Jr., Governor E) FE H N F1 Jonathan B. Howes, Secretary Roger N. Schecter, Director November 4, 1996 Odell Williamson 2 Causeway Dr. Ocean Isle Beach, NC 28469 Dear Mr. Williamson: The Division of Coastal Management hereby acknowledges receipt of your application and requested additional information for State approval for development of your property located 10155 Beach Drive S.W., Calabash, NC. It was received on October 25, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 8, 1996. 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 property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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. E.F. Bra ks Field Representative III Enclosure cc: John Parker, DCM Bob Stroud, DCM Jeff Richter, COE Alan Lewis 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910350-2004 An Equal Opportunity Affirmative Action Employer rH . q Reaf.Estate PA_ £xcisc c .m G DEC'T'92�.i79.61 U' 9 0 8:9 6 0 la_a.9�re.ios�o s Rl�l4 �� FILED FOP, RE6ISTRATIUN' DRAWN BY AND MA EOGK �g ; Michael T. Cox TOTAI'».00 REV.:�- �000.°O P.O. Box 2439 =- .TC#sa REG9 I-IC58 92DEC -2 PH 3:21 Shallotte, NC 28459 CK AMT ft05ERT J. RGBINSON >' CASH REF REGISTER OF DEEDS STATE OF NORTH CAROLINA' .9Y ER UNSWICK COUNTY. N.C. �tftt35TEE-� S DEED COUNTY OF BRUNSWICK '_ :'::,;..` , ' THIS TRUSTEE'S -DEED, made this 2nd day of December, 1992, by and between Michael T. Cox,` Trustee in the Deed of Trust hereinafter mentioned (the "Grantor"), and:ODELL WILLIAMSON and wife VI `fi(�t e address is 2 Causeway.; .;.Ocean Isle Beach, NC 28459 F"Pram WITNESETH: MAY 241996 WHEREAS, Char lesE.-Rronenwetter and wife Melinda B:V Mf6& wetter, executed Deeds of Trust 'dated March 1, 1988 and AuGT46T,4QWXAGGMEN1ded in Book 724 at Page 215 and Book 744 at Page 255 in the Brunswick County Public Registry, to Michael T. Cox, Trustee for Odell Williamson and wife Virginia Williamson.::(the "Deeds of Trust"), to which reference is hereby made; and WHEREAS, default having occurred in the payment of the indebtness .secured by said Deeds of Trust and due demand was made on the Grantor by ,the owner and holder -of -the indebtness secured by said Deeds of Trust that he foreclose the sal..Deed of Trust and sell the property under the terms thereof; and WHEREAS, under and by virtue of the power and authority in him vested by said Deeds of Trust and according to the terms and the stipulations of the same, and having instituted a special proceeding before the Clerk of Superior Court of Brunswick County, entitled "92-SP-10811, and after due advertisement as in said Deeds of Trust provided and as by law required, and due and timely notice having been given to the parties to said special proceeding, and a proper hearing having been conducted on May 14, 1992, whereupon the Clerk of Superior Court of Brunswick County, North Carolina authorized Grantor to proceed under said Deeds of Trust and sell the real property as hereinbelow described, Grantor, at 12:00 Noon on June 19, 1992, did expose the land described in said Deeds of Trust, and hereinafter described and conveyed, subject to any and all superior liens, including without limitation the lien of unpaid taxes and assessments, easements, conditions, releases, restrictions and matters of record, for sale at public auction at the Brunswick County Courthouse door in Bolivia, North Carolina, when and where Odell Williamson and wife Virginia Williamson became the last and highest bidder for said land at the price of $1,000,000.00; and WHEREAS, Grantor duly reported the land sale to the Clerk of Superior Court of Brunswick County as by law required, and thereafter said sale remained open ten days and no advance bid was placed thereon in the time allowed by law; and STATE OF '� " — Y o q Real Estate = �� �,„ -.__-- OpTN Excise Tax — `" r �� 'CEC-2.92 9 9 9. D Q= 0Z a� u.a_9zeeaewc..�...-._ PAGE 0908 ^961 l WHEREAS, said purchase price has now been fully paid; and WHEREAS, Grantor has filed with the said Clerk a Final Report and 10 Account of Foreclosure'Sale showing all receipts and disbursements of Grantor, and said Clerk has audited and approved the said Final Report and Account of Foreclosure Sale; NOW, THEREFORE, -in consideration of the premises and the payment of said purchase price.4y Grantee, the receipt and sufficiency of which is hereby acknowledged,".and pursuant to the authority vested in him by the terms of the said Deed of Trust, Grantor does hereby bargain, sell, grant �:..? and convey unto Grantee `.and its successors and assigns, all those certain lots or parcels of land'lying and being in the County of Brunswick, State of North Carolina, and being more particularly described in Exhibit A attached hereto andf ncorporated herein by reference. This conveyance.`is. made SUBJECT to any and all superior liens, including without limitation any lien of unpaid taxes and assessments, easements, prior releases, restrictions and other matters of record, and for any possible right of redemption existing in favor of the United States of America. TO HAVE AND TO HOLD the said land, together with all privileges and appurtenances as thereunto belonging unto the said Grantee, its'successors and assigns, forever,' in as full and ample manner, as Grantor, Trustee, is authorized and empowered to convey the same. IN WITNESS WHEREOF,.Grantor, Trustee of the aforesaid Deed of Trust, has hereunto set his;hand and affixed his seal the day and year first'above written. STATE OF'WO.-Real Estate — N RpL1NA-Excise Tax = _ m� m _ DEC-1 NORTH CAROLINA I \. (seal) icsh Trustee v I1 ` I MAY 2 4 1996 BRUNSWICK COUNTY DIVISION OF `R lb Y A � COASTAL MANAGEMENT I' a Notary Public of the County and State aforesaid, certify that Michael T. Cox, Trustee, Personally appeared before me this day and acknowledged the execution of the foregoing instrument. 11•p11v1n19" Witness m 1 FI' '1' 1992 Y � icial stamp or seal, this 2nd day of December, Av D 41L Notary Public My commission Eames:..{.�5?zf o. Wlry ro ..' STATE OF NORTH CAROLINA COUNTY OF BRUNSW'ICK c n The Foregoing (or annexed) Certificate(s) of EocY -- P4r.r A08 -963 seconds West for a distance'of 580.885 feet to a stake in the water; thence South 83 degrees .03 minutes 57 seconds West for a distance.of 50 feet to a stake in the edge of the Marina; thence thesame course for a distance of 134.63 feet to a stake in the edge of the road; thence North 26 degrees 19 minutes 37 seconds West with the edge of the road for a distance of 668.68 feet to an' -iron pipe; thence north 22 degrees 21 minutes 34 seconds West..for a distance of 556.517 feet along the edge o�f the road.to'tWe point of BEGINNING. Said description covers.. 41.457 acres'""according to a survey prepared by Jan K. Dale, dated October,�1981. Together with a one-half (1/2) undivided interest`uin':that'20 foot right-of-way granted to Grantor by . deed recorded�in Book 403 at page 903 of the Brun _;.swick County Registry. "This portion of this grant be limited to the interest `received by Grantor and is without warranties. Further, see"deed recorded in Book 75 at page 229. The above tract covers all the property conveyed in the deed recorded 'in`Book 403 at Page 904 and part of the property conveyed in""the deed recorded in Book 390 at Page 897, Brunswick County Register of Deeds. Same tract also recorded in Book 489 at Page 91 and Book 525 at Page 310 and Book 525, Page 965. It is understood that this conveyance includes all docks, tanks, or any other marine related facilities located on the above referenced property. FOURTH :.TRACT;. BEGINNING at an existing iron pipe at the Northwest`"`corner of Lot 76 (Lot 76, Boundary Estates, being recorded in Map Cabinet J at Page 274 of the Brunswick County Registry); thence running North 85 degrees 32 minutes 33 seconds East, 258.70 feet to a stake; thence South 02 degrees 59 minutes 08 seconds West, 151.27 feet to an iron rebar; thence South 02 degrees 59 minutes 06 seconds West, 60.51 feet to an existing rebar; thence South 85 degrees 32 minutes 33 seconds West 231.26 feet to a new iron rebar; thence North 04 degrees 27 minutes 27 seconds West, 210.00 feet to the beginning, containing 1.1810 acres, more or less, and being that property shown as the Second Tract and the Fourth Tract of the plat recorded in Deed Book 744 at Page 257 of the Brunswick County Registry and incorporated herein by reference. Included in the above referenced tracts of land are any building and other improvements thereon. There is EXCEPTED from the above described in the Deeds of Release Page 393 and Book 815 at page 450 Registry. described parcels the property recorded in Deed Book 792 at of th runswick Count II MAY 24 1.56 L DIVISiO!'\1 Or COASTAL MANAGEMENT r EXfIIBIT "A" — .9r1g 962 FIRST TRACT: BEING all of Lot Numbers 71, 72, 73, 74, and 75, as shown on that map of "Boundary Estates" recorded in the office of the Register of Deeds of .Brunswick County, in Map Cabinet J;'a't Page 274. For -back reference.see Deed Book 410 at Page 683, Brunswick County Registry. SECOND TRACT;'. BEGINNING at a stake that is located North 2 degrees 59:zminutes .08 seconds East 338.38 feet from a stake that is located in the edge of Highway # SR 1163 which is the northeast'corner of Lot 75 that is shown on a plat entitled '.BoundaryEstates"., dated March 1978. Thence South 85 degrees 32 minutei''J 3"seconds West for a distance of about 250 feet with the edge'of the road to a stake which is the southwest corner of 5,lot'76.: Thence with the dividing line of Lots 77 and 76 for a distance of 150 feet to a stake. Thence, North 85 degrees 32'--'minutes 33 seconds East with the south line of Lots 71 721 7-374 ,.and 75 about 250 feet to a stake. Thence South 2 degrees59 minutes .08 seconds West for a distance of about 150 feet to, -the point of BEGINNING. For back reference See Deed Book 5951' Page 762, Brunswick County Registry. THIRD TRACT;BEGINNING at a stake that is located South 32 degrees 53.minutes 48 seconds East 67.86 feet from a stake that is the southwest corner of Lot #79 and the southeast. corner of Lot #80 according to a map known as Boundary Estates recorded in Map Book J at Page 274 in the office of the Register of Deeds of .Brunswick County; thence from the beginning corner north 85 degrees 32 minutes 33 seconds East for a distance of 347.806?feet:to a stake; thence North 2 degrees 59 minutes 6 seconds'�East:for a distance of 119.01 feet to a stake; thence South 87 degrees, 12 minutes 29 seconds East for a distance of 124.87 feet to a cement marker: thence South 87 degrees 21 minutes 30 seconds East for a distance of 326.64 feet to a cement marker; thence South 87 degrees 19 minutes 59 seconds East for a distance of 368.12 feet to a cement marker; thence South 11 degrees 59 minutes 33 seconds East for a distance of 493.55 feet to a cement marker; thence with the same course for a distance of 806.81 feet to a cement marker; thence the same course for a distance of 893.32 feet to a cement marker; thence the same course for a distance of 80.13 feet to a stake; thence East for a distance of 115 feet to a stake in the marsh; thence southwardly 240 feet to a stake in the edge of Calabash Creek channel; thence westwardly with Calabash Creek 216 feet to a stake; thence South 36 degrees 30 minutes 17 seconds West for a distance of 113.839 feet to a stake in the mouth of the Marina; thence North 33 degrees 28 minutes 30 seconds West for a distance of 243.718 feet to a stake in the water; thence North 15 degrees 41 minutes 13 seconds West for a distance of 608.569 feet to a stake in the water; thence North 53 degrees 58 minutes 37 seconds West for a distance of 348.839 feet to a stake in the water; thence North 39 degrees 57 minutes 15 � 10,3 ,,7 MAX 2 4 199n ' Y DIVISION OF COASTAL MANAGEMENT State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 30, 1997 Odell Williamson 2 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Williamson: �EHNR This letter is in response to your application request under the Coastal Area Management Act (CAMA) to re -authorize the Marsh Harbor Marina development project on your property adjacent to Calabash Creek in Brunswick County. Processing of the permit application, which was received by the Division of Coastal Management's Wilmington office on October 25, 1996, is ongoing. However, it is the policy of this Division that, prior to taking final action on a project of this nature, a stormwater management plan for the proposed development must be approved by the N.C. Division of Water Quality. It is our understanding that, although a stormwater management plan approval was obtained in 1989 by a previous property owner, this approval has yet to be transferred into the name of the current property owner. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the Division of Water Quality officially transfers the stormwater management plan certification for the proposed project into your name, and a copy of this approval is supplied to this office. As required by T 15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon receipt by this office of the requested information, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, ZU;VUggett . Assistant Major Permits Coordinator cc: Allan Lewis, Eastcoast Engineering Linda Lewis, DWQ - Wilmington Ed Brooks, DCM - Wilmington DCM - Morehead City P.O, Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%'-*N&- � CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 1GO/ post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources •r Division of Coastal Management 1 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDE H N R Roger N. Schecter, Director January 10, 1997 Mr. Odell Williamson 2 Causeway Drive Ocean Isle Beach, NC 28469 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit requesting the re -issuance of the Marsh Harbor permit so that development of the project may continue, in 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 fM1N1W, 1997 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. Very sincerely, .�H Doug uggett Asst. Permits Processing Coordinator DH/aw cc: Ed Brooks DCM-Wihnington P.O. Box 27687, �C FAX 919-733-1495 p Raleigh,An Equal Opportunity/Affirmative North Carolina 27611-7687 unity/Affirmative Action Em loyer Voice919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources ` Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor p E H N Fri Jonathan B. Howes, Secretary Roger N. Schecter, Director November 4, 1996 Odell Williamson 2 Causeway Dr. Ocean Isle Beach, NC 28469 Dear Mr. Williamson: The Division of Coastal Management hereby acknowledges receipt of your application and requested additional information for State approval for development of your property located 10155 Beach Drive S.W., Calabash, NC. It was received on October 25, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 8, 1996. 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 property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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. E.F. Bro ks Field Representative III Enclosure cc: John Parker, DCM Bob Stroud, DCM Jeff Richter, COE Alan Lewis 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Telephones: Office: (919) 579l222 Home: (919) 579l555 Ocean Isfe 94ah y Co. Ocean Isle Beach Shallotte, North Carolina 28459 May 15, 1996 MAY 2 4 1996 DIVISION OF COASTAL MANAGEMENT Ms. Dorothy V. Terry 402 Glasgow Road Cary, NC 27511 RE: Marsh Harbour Marina Major Cama Permit Dear Ms. Terry: As per the CAMA requirements we are notifying you as an adjacent landowner for the above property that we are applying for a Major Cama Permit. Our existing permit has expired and we are merely reapplying for future use if we so desire to add any additional boat docks. Enclosed is a copy of our application and plat of the project. If you should have any questions, please do not hesitate to contact us. Sincerely, Judi Pridgen, Agent for Odell Williamson Enclosure ODELL WILLIAMSON Owner / Developer REAL ESTATE • SALES 0 RENTALS 9 OCEAN / CANAL AND WATERWNTPROPERTY Ocean Isle Wsafty Co. Ocean Isle Beach Telephones: Shallotte, North Carolina 28459 Office: (919) 579-6222 Home: (919) 579-6555 May 15, 1996" Mrs. Betty Leonard 1001 Calabash Road, SW Calabash, NC 28467 Re: Marsh Harbour Marina Major Cama Permit Dear Mrs.`Leonard: MAY 2 4 1996 U DIVISION OF COASTAL MANAGEMENT ODELL WILLIAMSON Owner / Developer As per the CAMA requirements we are notifying you as an adjacent landowner for the above property that we are applying for a Major Cama Permit. Our existing permit has expired and we are merely reapplying for future use if we so desire to add any additional boat docks. Enclosed is a copy of our application and plat of the project.' If you should ahve any questions, please do not hesitate to contact us. Sincerely l Judi Pridgen, Agent for Odell Williamson Enclosure r REAL ESTATE • SALES 0 RENTALS • OCEAN / CANAL AND WATERWAYTROPERTY AUG 12 1996 DIVISiQN OF COASTAL MANAGEMI a UNITED STATES POSTAL SERVICE I I I I I I Official Business • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so fee): that we can return this card to you. • Attach this form to the front of the mailpiece, or on the 1 • gl Addressee's Address back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to 2. ❑ Restricted Delivery the article number. Consult postmaster for fee. 3. Article -Addressed td: 4a. Article Number Mrs. Betty Leonard P 434 383 169 . 1001 Calabash Road, SW 4b. Service Type Calabash, NC 28467 ❑ Registered ❑ Insured IA Certified ❑ COD - ❑ Express Mail A Return Receipt for Merchandise 7. Date of Delivery - Addre ee's Address (Only if requested and fee is paid) I I rD rorm ao 1 I, VctoDer 1`J1&0 *U.S.GPO: 1990-273.sal DOMESTIC RETURN RECEIPT �1III11IMIi.1i;imI ! 1k AUG 12, 1996 DIVISiV`N OF COASTAL MAIJAGEM t ! UNITEDSTA�TES POSTAL SERVICE Official Business TY FOR PRIVATE USE. $300 - Print your name, address a d ZIP C �.<. e ODELL WILLIAMSON'; 2 Causeway Drive Ocean Isle Beach, NC 28469 Attn: J. Pridgen LtI,IL.ILI..I,I1„LI.,1,t�1,1,L1L,ItIn11L,,,�ttL�lltl • Complete items 1 and/or 2 for additional services.IP43 so wish to receive the • Complete name 3, and as a b. ing services (for an extra • Print your name and address on the reverse of this form so that retum this card to you. • Attach this form to the front of the mailpiece, or on the beck if space does not permit. Addressee's Address Wrhe"Return Receipt Raquestetl" on the mailpiece below thearticThe Return Receipt Fee will provide you the si nature of theRestricted Delivery to and the date of delivery. a personit ostmaster for fee. 3. Article Addressed o: Fit 4a. Article Number P 434 383 170 Ms. Dorothy V. Terry 4b. Service Type 402 Glasgow Road ❑ Registered ❑ Insured )(I Certified ❑ COD Cary, NC 27511 � ❑ Express Mail ® Return Receipt for [ Merchandise 7. Date of Delivery 5. Signature (Addressee) a. Addressee's Address [Only if requested . and fee is paid) a. Signature (Agent) PT Form 11, November 1990 . au.s. cPo: reel-2aTme DOMESTIC RETURN RECEIPT III i �I I III (f I ' STATE OF ,4 Real.Estate =1 9anr pAnR K OL Nq , Excise Tax — JL 9 0 8 u •oa , V" DEC-i'92 L''=..r�+4•.J .9 9. O U J 9 60 )a.a..q ..B.io610 m; C, FILED FOR REGISTRATION DRAWN BY AND MA BOOK Michael T. Cox TOM I?.00 °O �L- REV. --A, 000. P.O. Box 2439 `- " TC#&D REC# I-10ss 92DEC —2 PH 3:21 Shallotte, NC 28459 ;',:CKAMT as� oe # -76as, ROBERTJ. ROBINSON CASH REF. -a-w- REGISTER OF DEEDS STATE OF NORTH CAROL INA ` ,�Y_ � TRl7ST'EE' S DEED BRUNSWICK COUNTY, N.C. COUNTY OF BRUNSWICK THIS TRUSTEE'S -DEED, made this 2nd day of December, 1992, by and be�ween Michael T. Cox, Trustee in the Deed of Trust hereinafter mentioned (the "Grantor"), and.-ODELL WILLIAMSON and wife VI (� e address is 2 Causewa , Ocean Isle Beach, NC 28459 a "Grantee'); W I T N E S E T H: MAY24 1996 WHEREAS, Charles E. Kronenwetter and wife Melinda BLV EtObb Getter, executed Deeds of Trust dated March 1, 1988 and AuQV4&TAL9W%AGEifAE?J]Tded in Book 724 at Page 215 and Book 744 at Page 255 in the Brunswick County Public Registry, to Michael T. Cox, Trustee for Odell Williamson and wife Virginia Williamson. ;(the "Deeds of Trust"), to which reference is hereby made; and WHEREAS, default having occurred in the payment of the indebtness .secured by said Deeds of Trust and due demand was made on the Grantor by the owner and holder:.of the indebtness secured by said Deeds of Trust that he foreclose the said Deed of Trust and sell the property under the terms thereof; and WHEREAS, under and by virtue of the power and authority in him vested by said Deeds of Trust and according to the terms and the stipulations of the same, and having instituted a special proceeding before the Clerk of Superior Court of Brunswick County, entitled "92-SP-108", and after due advertisement as in said Deeds of Trust provided and as by law required, and due and timely notice having been given to the parties to said special proceeding, and a proper hearing having been conducted on May 14, 1992, whereupon the Clerk of Superior Court of Brunswick County, North Carolina authorized Grantor to proceed under said Deeds of Trust and sell the real property as hereinbelow described, Grantor, at 12:00 Noon on June 19, 1992, did expose the land described in said Deeds of Trust, and hereinafter described and conveyed, subject to any and all superior liens, including without limitation the lien of unpaid taxes and assessments, easements, conditions, releases, restrictions and matters of record, for sale at public auction at the Brunswick County Courthouse door in Bolivia, North Carolina, when and where Odell Williamson and wife Virginia Williamson became the last and highest bidder for said land at the price of $1,000,000.00; and C WHEREAS, Grantor duly reported the land sale to the Clerk of Superior C Court of Brunswick County as by law required, and thereafter said sale C remained open ten days and no advance bid was placed thereon in the time allowed by law; and STATE OF `�� Reel Estate - „ c pci —" . Tax — — C = 3. �NO�O��N,q P .Excise _ 99.00 DEC-1.92 — • � 1 r Efioic PA^E 0908 r961 WHEREAS, said purchase price has now been fully paid; and WHEREAS, Grantor has filed with the said Clerk a Final Report and Account of Foreclosure Sale showing all receipts and disbursements of Grantor, and said Clerk has audited and approved the said Final Report and Account of Foreclosure Sale; NOW, THEREFORE, in consideration of the premises and the payment of said purchase price by Grantee, the receipt and sufficiency of which is hereby acknowledged,`and pursuant to the authority vested in him by the terms of the said Deed of Trust, Grantor does hereby bargain, sell, grant and convey unto Grantee and its successors and assigns, all those certain lots or parcels of land'lying and being in the County of Brunswick, State of North Carolina, and being more particularly described in Exhibit A attached hereto and'incorporated herein by reference. This conveyanctis made SUBJECT to any and all superior liens, including without limitation any lien of unpaid taxes and assessments, easements, prior releases, restrictions and other matters of record, and for any possible right of redemption existing in favor of the United States of America. TO HAVE AND TO HOLD the said land, together with all privileges and appurtenances as thereunto belonging unto the said Grantee, its successors and assigns, forever, in as full and ample manner, as Grantor, Trustee, is authorized and empowered to convey the same. IN WITNESS WHEREOF, Grantor, Trustee of the aforesaid Deed of Trust, has hereunto set his•hand and affixed his seal the day and year first above written. 'STATE OF e . �}+661ffl,� Real Estate NO o��NAExciseTax R — ichael Dmao z Y. O 0 = Trustee NORTH CAROLINA v MAY 2 4 1996 BRUNSWICK COUNTY CDIVISION OF � /1 _ � COASTAL MANAGEMENT I, c� , a Notary Public of the County and State aforesaid, certify that Michael T. Cox, Trustee, Personally appeared before me this day and acknowledged the execution of the foregoing instrument. •d��parH hgrr, Witness my..-, H. ; ial stamp or seal, this 2nd day of December, 1992 - ; { �QTRfd� Av 0 ��G Notary Public My commission^L�yxer:..�•t'?I STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of k l I 80r� --._ P4!�r _..- 1-908 963 seconds West for a distance of 580.885 feet to a stake in the water; thence South 83 degrees .03 minutes 57 seconds West for a distance of 50 feet to a stake in the edge of the Marina; thence the same course for a distance of 134.63 feet to a stake in the edge of the road; thence North 26 degrees 19 minutes 37 seconds West with the edge of the road for a distance of 668.68 feet to an iron pipe; thence north 22 degrees 21 minutes 34 seconds West for a distance of 556.517 feet along the edge of the road to the point of BEGINNING. Said description covers 41.457 acres according to a survey prepared by Jan K. Dale, =, dated October, 1981. Together with a one-half (1/2) undivided interest`?in that 20 foot right-of-way granted to Grantor by deed recorded in Book 403 at page 903 of the Brunswick County Registry."'This portion of this grant be limited to the interest received by Grantor and is without warranties. Further, see deed recorded in Book 75 at page 229. The above tract covers all the property conveyed in the deed recorded .in Book 403 at Page 904 and part of the property conveyed in the deed recorded in Book 390 at Page 897, Brunswick County Register of Deeds. Same tract also recorded in Book 489 at Page 91 and Book 525 at Page 310 and Book 525, Page 965. It is understood that this conveyance includes all docks, tanks, or any other marine related facilities located on the above referenced property. FOURTH TRACT; BEGINNING at an existing iron pipe at the Northwest''corner of Lot 76 (Lot 76, Boundary Estates, being recorded in Map Cabinet J at Page 274 of the Brunswick County Registry); thence running North 85 degrees 32 minutes 33 seconds East, 258.70 feet to a stake; thence South 02 degrees 59 minutes 08 seconds West, 151.27 feet to an iron rebar; thence South 02 degrees 59 minutes 06 seconds West, 60.51 feet to an existing rebar; thence South 85 degrees 32 minutes 33 seconds West 231.26 feet to a new iron rebar; thence North 04 degrees 27 minutes 27 seconds West, 210.00 feet to the beginning, containing 1.1810 acres, more or less, and being that property shown as the Second Tract and the Fourth Tract of the plat recorded in Deed Book 744 at Page 257 of the Brunswick County Registry and incorporated herein by reference. Included in the above referenced tracts of land are any building and other improvements thereon. There is EXCEPTED from the above described parcels described in the Deeds of Release recorded in Deed Page 393 and Book 815 at page 450 of thq-_-runswick Registry. - the property Book 792 at Count Li MAY 2 4 lHo DIVISION OF COASTAL MANAGEMENT pipr EXHIBIT "A" 9C8 962 FIRST TRACT: BEING all of Lot Numbers 71, 72, 73, 74, and 75, as shown on that map of "Boundary Estates" recorded in the office of the Register of Deeds of Brunswick County, in Map Cabinet J at Page 274. For back reference see Deed Book 410 at Page 683, Brunswick County Registry. SECOND TRACT; BEGINNING at a stake that is located North 2 degrees 59 minutes .08 seconds East 338.38 feet from a stake that is located in the edge of Highway # SR 1163 which is the northeast corner of Lot 75 that is shown on a plat entitled "Boundary Estates", dated March 1978. Thence South 85 degrees 32 minutes 33 seconds West for a distance of about 250 feet with the edge of the road to a stake which is the southwest corner of'Lot'76. Thence with the dividing line of Lots 77 and 76 for a distance of 150 feet to a stake. Thence, North 85 degrees 32 minutes 33 seconds East with the south line of Lots 71, 72, 73 74, and 75 about 250 feet to a stake. Thence South 2 degrees'o'59 minutes .08 seconds West for a distance of about 150 feet to the point of BEGINNING. For back reference See Deed Book 595, Page 762, Brunswick County Registry. THIRD TRACT; BEGINNING at a stake that is located South 32 degrees 53 minutes 48 seconds East 67.86 feet from a stake that is the southwest corner of Lot #79 and the southeast corner of Lot #80 according to a map known as Boundary Estates recorded in Map Book J at Page 274 in the office of the Register of Deeds of Brunswick County; thence from the beginning corner north 85 degrees 32 minutes 33 seconds East for a distance of 347.806efeet to a stake; thence North 2 degrees 59 minutes 6 seconds `East for a distance of 119.01 feet to a stake; thence South 87 degrees, 12 minutes 29 seconds East for a distance of 124.87 feet to a cement marker: thence South 87 degrees 21 minutes 30 seconds East for a distance of 326.64 feet to a cement marker; thence South 87 degrees 19 minutes 59 seconds East for a distance of 368.12 feet to a cement marker; thence South 11 degrees 59 minutes 33 seconds East for a distance of 493.55 feet to a cement marker; thence with the same course for a distance of 806.81 feet to a cement marker; thence the same course for a distance of 893.32 feet to a cement marker; thence the same course for a distance of 80.13 feet to a stake; thence East for a distance of 115 feet to a stake in the marsh; thence southwardly 240 feet to a stake in the edge of Calabash Creek channel; thence westwardly with Calabash Creek 216 feet to a stake; thence South 36 degrees 30 minutes 17 seconds West for a distance of 113.839 feet to a stake in the mouth of the Marina; thence North 33 degrees 28 minutes 30 seconds West for a distance of 243.718 feet to a stake in the water; thence North 15 degrees 41 minutes 13 seconds West for a distance of 608.569 feet to a stake in the water; thence North 53 degrees 58 minutes 37 seconds West for a distance of 348.839 feet to a stake in the water; thence North 39 degrees 57 minutes 15 Mj 2 4 1996 D DIVISION OF COASTAL MANAGEMENT I M DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Marsh Harbor Marina/Odell Williamson COUNTY: Brunswick LOCATION OF PROJECT: 10155 Beach Drive S.W., Calabash, NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/25/96 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A FIELD REPRESENTATIVE: Ed Brooks DIST5WT-q'FD9E—*Xnington io B) DATE APPLICATION RECEIVED 7,RALEIGH: FEE REC'D: $ 7 �' PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Li APPLICATION ASSIGNED TO: ON: S L �v C) 75 DAY DEADLINE: 1 Y -q%150 DAY DEADLINE: /� / MAIL OUT DATE: — 7 S� STATE DUE DATE: FEDERAL DUE DATE: 12 a O '�� FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON /, — 0-'� � AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office _ Div. of Community Assistance Land Quality Section I 10 U' Div. of Env. Management II-4-4L ' Z, -y� / ✓�4.1 301- State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission Div. of Water Resources , 12-14-W Div. of Marine Fisheries �6 Recommendations for State Permit - Marsh Harbor Marina/Odell Williamson This is an existing marina facility, and as such, I have no objection to the continuation of development of the project, provided that the revised plan is consistent with local and other State and federal regulations. Confirmation should be received from DEM and DLQ, that the project's Stormwater and Sedimentation and Erosion Control Plans are updated and in compliance. The biggest concern about the project is that the proposed spoil disposal area for long-term marina basin maintenance is entirely inadequate. It is my opinion that the Division should take a more pro -active role in requiring applicants to provide for long-term maintenance of basins, channels, and other dredging projects. 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, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: November 5, 1996 Planner Q�� IDFEE HNR John R. Parker (� • Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Marsh Harbor Marina/Odell Williamson Project Location: 10155 Beach Drive SW, Calabash, adj to Calabash Creek, Brunswick Co Proposed Project: The re -issuance of the Marsh Harbor Marina permit so that development of the project may continue. The new ownership of the project wished 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. Please indicate below your office's position or viewpoint on the proposed project and return this form by Nov 26, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer VL • 1 ��� � FE F1 MEMORANDUM TO: John R. Parker, Major Permits Processing Coordinator cc: Preston Pate, C.R.Stroud, Jr.,E.F.Brooks, J.Thomas FROM: Zoe D. Bruner, DCM District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Marsh Harbor Marina/Odell Williamson; Town of Calabash DATE: November 20, 1996 This permit consistency opinion is based on my review of the Williamson permit application, the Field Investigation Report (EF Brooks, 11/4/96), and my understanding and interpretation of the policies presented in the Town of Calabash 1994 Land Use Plan. The applicant requests re -issuance of the Marsh Harbor Marina permit so that development of the project may continue. There have been some changes made to the original highground development proposal, including addition of a hotel, ammenities and reconfiguration of multifamily residential structures. The location and complete description of the project are in the Field Investigation Report. LAND USE CLASSIFICATION: Developed/Conservation (AEC's) CLASSIFICATION DESCRIPTION: Within Calabash, the areas complying with the above definition include the existing residential and commercial areas includign those developed portions of the extraterritorial jurisdiction. Lots in these areas are nearly completely devleoped, and the undeveloped acreage could be developed by or before the year 2004. (p.66). RELATED POLICIES AND IMPLEMENTATION MEASURES: Calabash has two major physical contraints for development: the general lack of soils suitable for septic tank use and the amount of Ican included inthe 100-year floodplain... Other policies support multi-amily development where zoning allows. The Plan supports enforcement of Federal and State regulations on development and local ordinance. The Plan supports protection of estuarine resources and water quality. CONSISTENCY OPINION: This project will be consistent when it has secured all required federal, state and local permits and meets all regulatory requirements. Long-term maintenance of the marina basin is a possible constraint if adequate spoil disposal sites are not identified. s:'L..Marshhbr State of North Carolina Department of Environment, S c ms CI 9 n es fi7 0' Health and Natural Resources Wilmington Regional Office Porm,t rnorA _� haf (� Division of Coastal Management i. °PPrj' nak i 4 #V0VId Sn l� _ I• Ke TL- cA.1,R -to re vrv.v James B. Hunt, Jr., Governor /� Jonathan B. Howes, Secretary �ired5,',) pfvp0..,/ /o `rr" Roger N. Schecter, Director i^ 11 rt'I'a n.t- " �df4 November 5, 1996 re f •13 t, `5 MEMORANDUM: TO: Mr. Charles Gardner, Director D V r f Division of Land Resources FROM: John R. Parker �. Major Permits Processing Coordinator 9 5 'b SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Marsh Harbor Marina/Odell Williamson Project Location: 10155 Beach Drive SW, Calabash, adj to Calabash Creek, Brunswick Co Proposed Project: The re -issuance of the Marsh Harbor Marina permit so that development of the project may continue. The new ownership of the project wished 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. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Nov 26, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. 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. 4913 Act),rf OLL ANUS To &au/4 AMOD►Fiorcd of *AlulG Aelwir I0-67. IF T4/s DKF%i' 6 '5napILE IS At°t This agency objects to the project for reasons described in the attached commentg- DSpOWD L'F OR STABILIZED SY (u11 ,e ("A+107 �" McIL l99$ , }� RE14&dAL OF j�E S°� y m9�. � � f9CCoraf,s fU %mS MIA1iA14 (�kntlT unLt BE A1IElESSAI2_y. Eev( �J�ss,s/1 6n4W/ A(tv re!/ v nrd J b rf / -/6 - f % SIGNED DATE N °U 19 i (, 127 Cardinal Drive Extensi ilmington, 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, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director IutDoi 117:7: ►I\� II13G C)E November 5, 1996 DEC 0 2 199V DlVlbi� .. JF COASTAL MA14AGEMENT TO: Joseph Lowry Town of Calabash FR01% Johr. R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review cc! 'lFc Applicant: Marsh Harbor Marina/Odell Williamson Project Location: 10155 Beach Drive SW, Calabash, adj to Calabash Creek, swick Co Proposed Project: The re -issuance of the Marsh Harbor Marina permit so that deve I the project may continue. The new ownership of the project wished 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. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Nov 26, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks 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. SIGNED AV This agency objects to the project for reasons described in the attached comments. DATE � z,­ _.2Z leg:� 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer TOWN OF CALABASH PO BOX 4967 CALABASH NC 28467 November 21, 1996 Mr. John R. Parker DEHNR 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Dear Mr. Parker, "'IJL DP DEC 0 2 1996 DIVISi. ,. iF .'OASTALMA14AGEMENT This letter will acknowledge receipt of your letter of November 5, 1996 addressed to Mr. Joseph Lowry concerning the Marsh Harbor Marina project. The Town of Calabash has no objection to the transfer of the marina permit to Odell Williamson. The Town of Calabash has no objection to the authorization of a plan to provide for periodic maintenance dredging of the existing marina basin. The Town of Calabash would note that the revised development plan does not indicate a seven story hotel. It would also seem that if the development plan is to be revised, that the Town of Calabash 35 foot height limit would preclude the construction of a seven story hotel. Sincerly yours, ( I Bruce ehous0'0)-5-7`l--C33'/ Chair an, Planning & Zoning George Anderson, Mayor, Town of Calabash iaw) $19(349 14 /kt,/ w/ Jorsp� San6orAeZ 17Sim TOW/1 ��m n,Yirnfp/✓ "o NA-P""'d -/-e 33 ' ! e,SLt resl>.'cf,vA I aAd GTti4r Ofutjoprhenf oPlora/> �e sC- o, k, Prdposry }fit /m.'J Cvnal,h✓n p(tlL1SAt, �fv/r i 6V7` w.th a /VOIti T;47" it' lore/ °Pro✓a( w,4s, 06A.n-4 we �a v(Cl rn ac%"ij/ o Tv1-t (910) 579-6747 GOhG„ � i.r State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [:) E H N FR Roger N. Schecter, Director November 13, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator G SUBJECT: CAMA/DREDGE & FILL Permit Application Review AC 9,q6 APPLICANT: Marsh Harbor Marina/Odell Williamson q PROJECT LOCATION: Existing marina & associated development site, Brunswick Co. PROPOSED PROJECT: Re -issuance of the expired Marsh Harbor Marina permit so that development may continue. Please indicate below your agency's position or viewpoint on the proposed and return this form by December 4,1996. If you have any questions regarding the proposed project, please contact John Parker 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. P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Ntq* CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr. Division of Coastal Management FROM: Bennett Wynne 441 Habitat Conservation Program Date: December 3, 1996 Subject: CAMA/Dredge and Fill Permit Application for Marsh Harbor Marina/Odell Williamson, 10155 Beach Drive SW, Calabash, Brunswick County, North Carolina. Staff biologists with the Wildlife Resources Commission have reviewed the project and associated impacts on wildlife and fishery resources in the area. A site visit was conducted on November 21, 1996. 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 applicant proposes to continue a multi -family development which had previously been permitted in 1982 and provide for maintenance excavation in the existing marina basin. The project has been issued a Stormwater Certification permit. The marina had originally been permitted for 257 slips. However, all slips have not yet been completed. The proposed maintenance dredging will be conducted with a mechanical/dragline excavator and spoil will be hauled off -site to two 1/2 acre lots owned by the applicant. Maintenance excavation has the potential to remove about 1000 cubic yards of spoil. This section of Calabash Creek is classified as SA waters, is not a Primary Nursery Area (PNA), and is closed to shellfishing. We are concerned about the potential adverse impacts to estuarine fauna resulting from turbidity associated with dredging activities. Elevated turbidity could reduce water quality in this area and stress estuarine organisms. Excessive turbidity is particularly damaging to egg and larval life stages of estuarine organisms. Turbidity associated with hydraulic dredging operations is � 11°4`11 generally less than that produced by other methods. Therefore we recommend that a hydraulic dredge be used in place of the mechanical/draghne excavator. Also, we recommend that activities be prohibited between April 1 and September 30, a period of peak biological activity. If possible, \ ok Marsh Harbor Marina December 3, 1996 5: ii- cvr vsrayc - Off..+ Moi.for�.r'� i s it is recommended that a silt curtain be placed at the entrance to the marina basin to localize sediment impacts. There is also some concern about the ability of the disposal site to accommodate the potential spoil generated from dredging. If alternate sites are required in the future, we recommend that appropriate agencies be allowed to comment on the new sites. So modified, we would not object to the project. Thank you for the opportunity to comment on this project. If you have any concerns about our comments, please contact Brad E. Hammers at (919)-939-1167. cc: Brad E. Hammers, District 2 Fisheries Biologist Keith Ashley, District 4 Fisheries Biologist DEC 03 '9e, 1'1:25i4l State '� rth Carolina Depa nt of Environment, Health Natural Resources Division o oastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM November 13, 1996 CDEHN'FR NOV 15 qco� TO: Ms. Linda Sewall, Director Division of Environmental Health DIV. Of ENVIROhwiut,nL, n �+taN FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review APPLICANT: Marsh Harbor Marina/Odell Williamson PROJECT LOCATION: Existing marina & associated development site, Brunswick Co. PROPOSED PROJECT: Re -issuance of the expired,Marsh Harbor Marina permit so that developemnt may continue. Please indicate below your agency's position or viewpoint on the proposed Project and return this form by D bt �. , Deceq>l��i�^.4#1dtIf you have any questions regarding the proposed project, please contact John Parker <"at 733 3� �i1i appmpriatc, in-depth comments with supporting data are requested. REPLY This agency has no objection to the proiect 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 f � P.O. xB6 27667, Raueigh, North Carolina 27611-7687 Voice 919-733-2293 to the project for reasons described in the attached continents. 1L�3�g(i Date � ; ` 57- N�`y� / FAX 9 9 3� 495 'M� An Equal Opporturity/Aflirmative Acfion EmAloyer rrs mf 7 �� 50% recycled/10% post -consumer pcper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E„ Dlrector APPROVAL of 401 Water Quality Certification Mr. Odell Williamson 2 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Williamson: `t♦r-IIIIIIIIIIIIIIIL �EHNF e December 31, 1996. Brunswick County,_. ✓ WQCCOE 401 Project #961106AN�:0 ' 97 You have our approval to dredge in 16.9 acres of waters for the purpose of conducting maintenance excavation and a revised development plan at Marsh Harbour Marina, as you described in your application dated 26 November 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely,, , Pou Howard. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM 961106.Itr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919.733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper North Carolina Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: November 13, 1996 Mr. Joe Henderson, Acting Director State Property Office Department of Administration John Parker, Jr. Major Permits Processing Coordinator 1DEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh Harbor MarhWOdell Williamson PROJECT LOCATION: Existing marina & associated development site, Brunswick Co. PROPOSED PROJECT: Re -issuance of the expired Marsh Harbor permit so that development may continue. Please indicate below your agency's position or viewpoint on the proposed project and return this form December 4, 1996. If you have any questions regarding the proposed project, please contact John Parker 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 own tJleproposed 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 r.\� Date C � ���rd- P.O. Box 27687, ��FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �C An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 15, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator A7L�A� 5)EHNFR SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Marsh Harbor Marina/Odell Williamson REC�IVEO Nov 20 1996 wlk"hI MANAGEMENT PROJECT LOCATION: Existing marina & associated development site, Brunswick Co. PROPOSED PROJECT: Re -issuance of the expired Marsh Harbor permit so that development may continue. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY • ',- There are no known public trust conflicts with the project location ordestgn There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed Date P.O. Box 27687, 7`t� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nr� CAn Equal Opportunity/AfflrmatNe Action Employer Voice 919-733-2293 �? 50% recycled/10% postcoruumer paper State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 5, 1996 MEMORANDUM: TO: Mr. Bruce Freeman, Director Division of Marine Fisheries FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Marsh Harbor Marina/Odell Williamson Project Location: 10155 Beach Drive SW, Calabash, adj to Calabash Creek, Brunswick Co Proposed Project: The re -issuance of the Marsh Harbor Marina permit so that development of the project may continue. The new ownership of the project wished 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. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Nov 26, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. 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. RECEIVED ON SIGNED DATE � � —L(—� 1, NOV 2 11996 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 9 004 , ANO An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 13, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources 1, ! WAA EDEHNR 411 79 a NOY 15 1996 Del!M OF Y114TERRESOURCM FROM: John Parker, Jr. ' ✓, Major Permits Processing Coordinator IL AFC �fjG�. i SUBJECT: CAMA/DREDGE & FILL Permit Application Revi G APPLICANT: Marsh Harbor Marina/Odell Williamson c9 PROJECT LOCATION: Existing marina & associated development site, Brunswick Co. PROPOSED PROJECT: Re -issuance of the expired Marsh Harbor Marina permit so that development may continue. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 4, 1996. If you have any questions regarding the proposed project, please contact John Parker 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 comments. Signed Date P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 M An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 �. 1111 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: WIT"d SUBJECT: APPLICANT: November 13, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator 1, •�, �i � EDEHNR CAMA/DREDGE & FILL Permit Application Review Marsh Harbor Marina/Odell Williamson R EFIVEG NOV 211996 wHsfAL MANAGEMENT PROJECT LOCATION: Existing marina & associated development site, Brunswick Co. PROPOSED PROJECT: Re -issuance of the expired Marsh Harbor Marina permit so that development may continue Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 4, 1996. If you have any questions regarding the proposed project, please contact John Parker 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. Signed This agency approves of the project, only if the recommended changes are incorporated. See attached. roject for reasons described in the attached comments. Date /?,( P.O. Box 27687, �y� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%4q�C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper '�fafa of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: FWAA IDFEE HNFi November 5, 1996 TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Marsh Harbor Marina/Odell Williamson Project Location: 10155 Beach Drive SW, Calabash, adj to Calabash Creek, Brunswick Co Proposed Project: The re -issuance of the Marsh Harbor Marina permit so that development of the project may continue. The new ownership of the project wished 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. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Nov 26, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This a cy 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 y t S GNEDDATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 9103953900 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer -State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 13, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator Afflv,�WWAWA EDCHNF;Z SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Marsh Harbor Marina/Odell Williamson PROJECT LOCATION: Existing marina & associated development site, Brunswick Co. PROPOSED PROJECT: Re -issuance of the expired Marsh Harbor Marina permit so that development may continue. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 4,1996. If you have any questions regarding the proposed project, please contact at 733-2293 when appropriate, in-depth comments with supporting data are requested. 9 REPLY This agency has no objection to the project as proposed. t— 4.1s<. %196 19 IC- Y_ This agency has no comment on the proposed project. � This agency approves of the project, only if the recommended incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed _ Date P.O. Box 27687, M4An FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Equal OpportuNty/Afflrmative Action Employer Voice 919-733-2293 50% recycled/l0% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID No. 199701640 January 21, 1997 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Odell Williamson for a Department of the Army permit to dredge 16.9 acres of open water of a marina and entrance channel associated with expired permits for the Marsh Harbor Marina development, adjacent to the 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: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 3. No excavated or fill materials will be placed at any time (including double handling and/or the temporary placement of material) in vegetated wetlands or waters. 4.- No vegetated wetlands will be excavated. 5. Excavation will not exceed 10 feet below the elevation of mean low water (MLW) in the access channel and 8 feet below MLW in the canal and boat basin. 6. 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. 7. The authorized work and associated activity will not cause an unacceptable interference with navigation. L �\ "t'i 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. 10. If possible, under applicable law, the permittee will incorporate this permit as part of the documents reflecting title to or interest in the real property affected. 11. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jef�� Rich Project Manager Wilmington Regulatory Field Office Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner 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 28516 Mr. Thomas Welborn, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 , sG I. _Y-:Wilmington District 1— 6-87 ) 14(55 USAGE —Reg, Branch - Regulatory Branch Action 0 No. 1997C1640 January 6, lq9 7 Mr. John Parker Division. of Coascal wanagemont North Carolina 0cpartment of Environment, Health, and Natural Resources PoOt Ofzica box 27687 Raleigh, North Carolina 27611-7687 Dear. Mr, Parker: Referance the application ,:,f Uris_l i•;illiamacn for a �epar4ae:a or the ;,cmy permit. tc; dradge 16.9 acrsas ..1 open :ast.ur of marina ar•d encrar:. chanr:el associ.araci with expired permits for the Marsh Harbor bfarina development• ad]acent Le the Calauash River, 1.r. Calnbaeh, 5runawiGc County, North Carolina � , The redeiai agencies have ccmPleted rdview or the proposal as ^rer.,rnted by the application and your field investigation repQrt. ` We recommend that the icllo'.aina conr,',t!,5na be included Lr, the S:.ate o':thorizet.icnt 1. All work authorized by this eermit must ha psrformod in strict compl.Lance with the permit plans. 2. All• excavated materials Will be confined landward C, -,,hew mI,an nigh, water (N.ffi•,) elevation contour and any regularly or irregularly flooded vegetated wat',ands within adecuate dikea or other ratnining structures to Prevent spillover of solids into any vagetated wetlands or aurroundl.rs( we.ter.a. 3. No excavated or fill materials wil'_ be placed 'a- any rims ('_nci'aBxne; double handling and/or :he tam czar lacemen o P Y P f materir'I) n vegetxre9 wetlands or waters. ' 4. No vegetated wetlands will be excavated. 5. Excavation will not exceed 10 feet below the alevatiot: Of open. it watuar (MLW) in the acrege channel and 8 fast below MLW in the canal lnci bos' basin. 6. The permitter will maintain the auchorizeri •pork in aood [:ond.i.tion and in conformance with the terms and conr9icions cr this p,''' The permittee is nut eel'-eved of tl;is requ_rem,a>:t if he 7b6nciunr• Z:..e P.__mitted. activity without having LL crane°e:ra:i a-.,.._rd P_t ty. 7. Tha nth:hovized work and V3it':r L•,t�'t:i ty •,,i):l cot ::aue;e an unacceptable iota Y.ferGuce t!_tf1 nav i:j,', 9. The r.c r. LcY '.,i LL ba or!,', .. , .lJn"ZY.ZPO 1"t .... . Gnnbi A7 t.c :Wilmington District ; I— 6-97 ; 14:56 USAGE —Reg, Branchy ;# a C �1 0) canstructl.oa-raleted dircharge. :'Cca,,�es aueh that the turh!di'_y in r.he Waterbody is 5� NTL''s or lase in a;* rivesa n_t designated as trout '.eaters by the North Carclina '%vision of Environn,cncal X&naga:nent (NCDE"M), 25 NTO'a or lase in all saltwatGY classes end ir• all lama and reservoirs. and 10 Nlu'e or lees in trout waters, are not coneidarad signiftca.nt. 9. If the pern•�i.ttee dlarz:ve.a any grevtOuel� unknown historic or a r::'rening icai rema,tr.o while accompliahing the- authorized work, no will immediately notify the WLlmington D'Strict Engineer who will init.ate the required ctate;FHderal coordination. pcssi. to e, under ac}:i. '.:: abla 'aw, the perm it the wii 1. rigor orate this permit as part of the dn,"m; nts reflect;nq t°t:e to or, 1.nte_esr. _p tna rem: Nropei[y >f leered. ;:. Thi4 nepar.t;Ient of a.p hL*y perm-'t elae:e r.ot obviara r1;e uct.-! to obtain other Federal, state, ct- 10ca1 a,:t.horizatione required i;y _aw. 9uestions o: comments may ve ac,'dreaeed to t}je i::ldere gne3 at ?910) 251-4635. Eincereiy, Jeff.ey H. Rie}:tcr Pro; act h'•anayer "._Xington Itequlatory Fieid Offices Copies Furnished; Mr. John Dnrney Division of Water ;duality Ncrt.h carollna Department of Environment Health, and Natural Res,rarces 4401 Reedy Creek Road Raleigh, North Carolina 2160 Mr. John Hefnar C.S. F:ah and wilalife Service Fish and Wildiife Enhancement ?oat Office sox 32726 Raleigh, North Mr. Larry Hardy National Marine Fist;dries se:vico Fivers Isiand Reaufurt, Ncrt`, mr, �.`;r•m.e6 W,a:i:orr:, ('^let O C v✓l - P W k United States Department of the Interi op U FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh. North Carolina 27636-3726 December 17, 1996 Lieutenant Colonel Terry R. Youngbluth District Engineer, Wilmington District U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 24802-1890 Attention: Jeff Richter Dear Colonel Youngbluth: The U.S. Fish and Wildlife Service (Service) has reviewed the following permit application (a). 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.). Based on the available information, we do not believe that the proposed activities will have significant adverse and/or irreversible effects on fish and wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife, to the issuance of a permit(s) related to the proposed activities. Action ID No. Issue date County Applicant 199701640 11/26/96 Brunswic Odell Williason Sincerely, JJohn M. H ner Field Supervisor CC: NCDCM, Wilmington, NC (Bob Stroud) NCDCM, Raleigh, NC (John Parker) NCDCM, Washington, NC (Preston Pate) NCWRC, Raleigh, NC (Frank McBride) EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welborn) NMFS, Beaufort, NC (Larry Hardy) FWS/R4:KMoody:KM/11/13/96:919/856-4520 ext.19:B:\KM-NO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NOFRH CAROLINA 28402-1890 IN REPLY REFER To November 26, 1996 Regulatory Branch Action ID No. 199701640 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Odell Williamson for Department of the Army authorization and a State Water Quality Certification to dredge 16.9 acres of open water for a marina and entrance channel associated with expired permits for the Marsh Harbor Marina development, adjacent to the 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 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. 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 January 25, 1997, 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 Project Manager Wilmington Regulatory Field Office Enclosure /MDivisionopy Furnished (without enclosure): r. John Parker of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 OF''�CF� c, kF 9 ygCF %-F ••, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 26, 1996 Regulatory Branch Action ID No. 199701640 Mr. Odell Williamson 2 Causeway Drive Ocean Isle Beach, North Carolina 28469 Dear Mr. Williamson: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received November 7, 1996, for Department of the Army authorization to dredge 16.9 acres of open water of a marina and entrance channel associated with expired permits for the Marsh Harbor Marina development, 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. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further 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. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas.{'1 �'\; b. It is necessary for you to have taken all appropriate and practical steps to reduce wetland losses. Please show all that you have done, especially regarding development and modification of plans and proposed construction techniques, to reduce adverse impacts. C. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please show your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by December 11, 1996. Also, a copy of this information must be sent to the North Carolina Division of Water Quality to enable them to adequately evaluate your application for.a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199701640. It will be coordinated by the undersigned in our Wilmington Field Office. Should you have any questions, please contact me at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Protection Section -Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 MMIlYTO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF QIOINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROUNA28402-1890 N o � ,Igo 10 Regulatory Branch Action T.D. 1Gq�U Applicant ()o1el� l.J:�l�a..-s•� Waterway Ca`alOas� County 3rc�sType Work C�3 v Mr. Larry Hardy National Marine service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas lator Section -Region IV Chief Wetlands Regulatory Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 1`�1c 1�ob .S�coyd W'11,T,n1� � Regional office Division Coastal Management North Carolina Department of Environment, Health and atural]� Resources W'1rn,ng�oY. NL '.L�4115-:��L'15 Gentlemen: Pursuant to Action ID No. 198000291, the CAM -Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to Field Office, telephone (qIO) -).51- Regulatory Branch, Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field 1�.. Enclosure 0.7 �zoo PMIM W ® AtWM PW 0 C State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 10, 1997 Mr. Odell Williamson 2 Causeway Drive Ocean Isle Beach, NC 28469 /VV` •/ ID FE F 1 Subject: Permit No. SW8 920522 Marsh Harbour Marina High Density Commercial Stormwater Project Brunswick County Dear Mr. Williamson: The Wilmington Regional Office received notification of the change in ownership for Marsh Harbour Marina on August 9, 1996, with final information on June 3, 1997. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 920522 dated June 10, 1997, 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. C SSinceerrelly, �I x Rick Shiver, P.G. Acting Regional Water Quality Supervisor RSS/arl: S:\WQS\STORMWAT\PERMIT\920522.JUN cc: Alan Lewis, East Coast Engineering Phil Norris, P.E. RECLtivr Delaney Aycock, Brunswick County Inspections Jerry Parker, DCM JUN 1 John Parker, DCM Linda Lewis COASTAL MANAGF,u Wilmington Regional Office Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit Nn SWR 9205?? STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL DIVISION OF WATER QUALITY 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 Odell Williamson 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 0 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 1. 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. The stormwater control has been designed to handle the runoff from 564,880 square feet of impervious area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. State Stormwater Management Systems ' Permit No SWR 920599 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Marsh Harbour Marina Permit Number: SW8 920522 Location: Brunswick County Applicant: Mr. Odell Williamson Mailing Address: 2 Causeway Drive Ocean Isle Beach, NC 28469 Application Date: August 9, 1996 Water Body Receiving Stormwater Runoff: Calabash River Classification of Water Body: "SA" Impervious Required Provided Bottom SHWT Storage Drawdown Arr.a Volume Volnme F.levatinn Elevation Elevation Time ft2 R3 W FMSL' . FMSL FMSL Pond # 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 93,565 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 9,700 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 barbour marina 3 State Stormwater Management Systems Permit Nn. SWR 9?O177 4. 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. 5. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 6. 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. G. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions' to the project should require a modification to the permit. 7. 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. II. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. 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 except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. 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 outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 3. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 4. 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. 9 State Stormwater Management Systems Permit Nn SWR 99052? 5. 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. 6. 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. M. GENERAL CONDITIONS 1. 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 Permittee 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 DERNR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 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 10th day of June, 1997. NORTH CCAQ-�) ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Qh� �, A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 920522 5 State Stormwater Management Systems Permit Nn. SWR 9905?7 Marsh Harbour Marina Stormwater Permit No. SW8 920522 Brunswick County Engineer's Certification I, , as a duly registered Professional Engineer in 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 of my abilities, due care and diligence was used in the observation of the project construction- such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specification: Signature Registration Number Date t or ivurut %,oruuua " primer, of Environment, �t�e81t#t and :Iatural Resources ' Wiirttingron Regional Offica Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secre,aty A. Preston Howard, Jr., F.E., D rector June 10, 1997 t.1r. Odell Williamsun Causeway Drive Ocean Isle Beach, NC 28469 410 C�E�IIN11 Subject: Permit No. SW8 920522 Marsh Harbour Marina High Density Commercial Sturmwater Proiect Brunswick County Dear Mr. Williamson: il,a Wilmington Regional Office received notification of the change in ownership for Marsh Harbour Marina or, 't Y)1'6, with final iaif:)imation on Junc 3, 1997. Staff review of the plans and specifications has dettrntined tlrtl the pr-., pri,f osea, ww comply Wrrn the 3wrmwater Accgurauuru Net wrui nl IIUC L.) t . LL1L Z=.IVVV. V e etc iUrN'a .ilk v� 5 W8 920522 dated Jiinc 10, 1997, for the construction of Marsh Harbour Marina. This permit shall be effective from dre date of issuan;:e tmdl hire 10, 2007, and shall be subject to the cunditia, as specified therein. Please pay special attention to the Operation and Maintenance requirements in tins i' esatblish an adequate sysxrn for operation and maintenance of the stormwater management systrmi v c-:::n^iitnee problems. 1 t -mv pars, requCtuueuts, o: lhuirat,LU� contained ii. tlris permit are unacceptable, you Love the- -' t tf caring upou written request within thirty (30) days following receipt of this permit. This requer r , .: t itten petition, confornnirig to Chapter 150B of the North Carolina Cieneral Statutes, and filed with :� t Hearings, P.O. Drawer 27447, Raleigh, NC 276117447. Unless s,.rch &rnards are made this Penn,, IL you have any qucsdour , or need additional information concerning this matter, please couta_t Linda ! -,_ v;r., t r 195- 900. eSincerely, Rick. Shiver, P.G. Acting Regional Water Quality Supeivisnr SS!arL S:IWQS'tST0RN1WA'r IM920522JUN Alan ! f', I Cua; -r! og Phil P.L. Dela:,. y.ock, Bru ny Jmspectlons Jerry Parker, DC'M John Parker, DCM Linda Lewis ',iYe�tonal 11:it.c Central Fifes P 0 F.lx 7953E h, Noath `ar,dina ?76',t nc,5:. T•4-:ihone -;1 7? A-, Fgt:al n, ... a- , PICDEHNP J1k0 Fax:9103501i 04 Tun 11 '97 ":11 G. 03 Pcauir'i„ cwS o STATE OF NORTH CAROLINA DEPART.NIENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATF_.STORXIWA1F.R_Xt4,NAJCF-N N7-ffJ ,NTl.7' HIGH DENSITY DEVELOPNIENI In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and applicable Laws, Rules, and Regulations PERMISSION IS HERESY GRANTED TO Udell Wtlliarmon Marsh Harbour Marina Brunswick County FOR THE nstruction, operation and maintenance of S infiltration ponds in compliance with the provisions of IS., NCAC 21i ,00 (hereafter referred to as the 'stornnvarer rules � and the approved stormwater management plans and spr. itS ,,afion� a: i _tire supporting data a: attached and on file with and approved by the Division of Water Quality and considered . ai t ^1' Lti : .e, ,'tt This permit shall be effective from the date of issuance until June 10, 21V, and shall be subject t , tit f, conditions and limitations: 1. DESIGN STANDARDS 2 This petrrrit is effeCtive only with respc;t to the nature and volume of storr',watei dexribrd in the application supporting data. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of thi permit, the Project Data Sheet. The stormwater control has been designed to handle cne rmtoff from 56400 sy,rarr feet of impervious area. Approved plans and specifications for this project are incorporated by reference and are enforceable part, oC tht permit, 2 e•. A hICDENPlF i,IIF:U F,;30n 11 '`a' 1-;1 Puinit_!�Lu SWR DIVISION OF WATER QUMITY PROJECT DATA SHEET Project Nauue: Marsh Harbour Marina Permit Ntltnber: SW8 92.0522 LOGt[iOD' Brunswick County Applicant: Mr. Odell Williamson .Mailing Address: 2 Causeway Drive 0,: A,n laio Bea(-,h, NC 28469 Application Date: August 9, 1996 Water Body Receiving Stormwater Runoff, Calabash River Classification of Water Body: "SA" Lupervious Required Provided Bottom SHII['T Storage Drawdown Aster Yolume Yohtma Ftavarinn Flayetinu E &Ixion Time W ft3 fts FMSL FMSL FMSL Pond # 1 90,942 13,480 13,480 `{ 6.4 4.4 8.4 <;Sdays 2A 60,400 8,071 8,700 36 31.7 39 <5 du)a 2B 83,565 11,907 18,000 41 38.7 43 <Sda;s 2C 61,664 9,902 10,300 42 38.4 44 < 5 days 3A 161,921 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 4,170 036,320 41.5 38.3 43.75 1.9 hours 2D 60,(M 8,700 9,000 40 37.5 43 <5 days Offsite Area entering Pond: None, per Engineer. All offsite runoff is routed around yonder. Type of soil: Sand, silt, clay iszpected Infiltration Rate: .25" per hour (.5 fort per day) •NOTE: Basin No. 3C is designed for the 2.5 year storm with no overflow. All others are designed for a 1.5" vo%rur, aiX: -nos charefore be operated with a 50' vegetated filter doa'nstr�am of the overflow structure, prior to discharge into the harbour mar" 3 NChFHNP, LIIPO .4'. Fax :91f!7= i_'--i)04 9 15• :14 P. u` JK'IW—.IVI o14VA�elytlYli PermitN.:_ SW& 4. The tract and ea.h infiltration basin di ainage area will be limited to the amount of built -upon :uea its indicated on the approved plans and calculations. The pernuttee is tesponsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area, The following items will require a modification to the permit: a. Any revision to die 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, hi addition.. the Director may determine that other revisions to the project should require a modification to the permit. The Director may notify the permiuee when the perunued site does not meet onee or more of the minimum requirement, of the permit. Within the time frame specified in the notice, the permittee shall submit a written time scheduie to the Director for modifying the site to meet minimum requirements. The perntinee shall provide copies of rc it d plans and certification in writing to the Director that the changes have been made. H. SCREDULE OF COMPLLANCE Z. 3. 4. /' The perrmttee will comply with the following schedule for construction and r,-Aintenance of the storm water mare;,: system: a. The storms ater management system shall be constructed in it's entirety, vegetated aid operational f . intended use prior to the construction of any built -upon surface except roads. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be tepLued immediately. The per rutwc shal! at ail times provide the operatiou and rruunt nance necessary to assure the permitted storm watr-t system functions at optimum efficiency. The approved Operation and Maintenance Plat, must be followed in its eL,Uety and maintenance must occur at the scheduled intervals including, but not limited to; a. Senuannual scheduled inspections (every 6 months). b. Sediment removal. Mowing and revegetatiou of side slopes. 3. Jmmediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plansnd aspecifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. Records of maintenance activities must be kept and made available upon request to authorized personnel or DWQ. , The records will indicate the date, activity, name of person performing the work and what actions were t kin. This permit shall become voidable unl:ss the facilities are constructed iu a::wrdance with the conditioiL; of ups pxrrnit, der approved plans and specifications, and other supporting data. uw. - -rT. HC.[li ILIIRi: F, F'cr nit tIn.SlYli..mn, ` 5 Upon completion of constru.tiou, prior to issuance of it Certificate, of Occupancy, and prior to operation ut thi permitted facility, a certification must be received from an appropriate designer for tie system installed certifvi g 0,,i the permitted facility has been installed in accordance with the permit, the approved plans and specifications, and otl.;e it supporting documentation. Any deviations fiom the approved plans and specifications must be noted on til Certification, d 6. A copy of the approved plans and specifications small be maintained on file by the Permittee for a miiamum of tea year J from the (late of the completion of eomtruction. 9 M. GENERAL CONDITIONS This permit is not transferable In the event there is a desire for site facilities to change ownership, or there, i> a iiami change of the Permince, a formal permit request must be submitted to the Division of Water Quality accompanied b; an application fee, documentation from the parses involved, and other supporting materials as may be ape ropdate The approval of this request will be considered or. its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this perrrdt may subject the Permine-, to enforcen,.n action by the Division of Rater Quality, in accordance with North Carolina General Statute 143415,6A to 143 215.6C. The issuance of this permit does not preclude the Permittca from complying with any and all statutes, rule. regulations, or ordinances xNcb may be imposed by other government agencies (fecal, state, and federal: R 1.: !, rav_ jurisdiction, 4. In the event that the facilities fail w'perform satisfAiorily, including tie creation of nuisance coniliri,rIN, the Pei:, shall take immediate corrective action, including those as may be required by this Division, Such as the c a of additional or replacement stornrwater management systems. S. The penninee grants DEHNR Staff permission to enter the property for the purpose of inspecting ail a q the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or tarnnnated for cause. The filing of a request for a ; .. . modification, revocation and raissuanoe or termination does not stay any permit condition, Permit issu;A this the loth day of June, 1997. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Enviro:uuental Mamaement Commission Permit Nmnber Sri'$ 920522 hGEHNF ;J1FD Fa, :9103c'020'J i e Tun 11 '97 1`:13 F.07 Marsh Harbour Marina Sturmwater Permit No, SWd 920522 Brunswick County Engineer's Certification 1, , as a duly registered Professional Engineer in the State of North Ca having been authorized to observe (periodically/weeiJy/full time) the consiru:.tion of die project, --- — — -- — __(Project) for (Projeet Owner) hereby state that, to die best of my abilitiae, due care dinge:,e was used in the observation of the project construction such that the construction was observed to be built w. substantial compliance and intent of thee approved plans and specifications. Noted deviations from approved plans and specification: Signature Registration Number Date tan State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes Governor Water Quality Section Secretary February 6, 1997 Mr. Odell Williamson 2 Causeway Drive Ocean Isle Beach, NC 28469 Subject: ACKNOWLEDGEMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No.SW8 920522 Modification Marsh Harbour Marina Brunswick County Dear Mr. Williamson: The Wilmington Regional Office received an ownership change request on August 9, 1996. Additional information regarding a signed Operation and Maintenance plan was sent to you on January 29, 1997. That letter also stated that a site visit would be performed to determine if the existing basins were functioning as designed and were being maintained. A site visit was made on February 4, 1997. Basin 3C was found to be in excellent condition, however, basin 2D was found to be completely overgrown. Prior to transferring this permit to you, this basin must be cleaned out and grassed, and the bypass structure installed. Please notify this Office in writing when this has been done, and provide the Engineer's Certification for Basin 2D. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to March 6, 1997, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Ms. Linda Lewis 1v� Environmental Engineer RSS/arl: S:\WQS\STORMWAT\ADDINFO\920522.FEB cc: Linda Lewis Alan Lewis S Ed Brooks, DCM Doug Huggett, DCM Central Files 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer East Coast Engineering Company, P.A. Fax: 910.754.8049 Office: 910.754.8029 Ms. Linda Lewis, Environmei Division of Environmental Manager North Carolina Department of Envi Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Consulting Engineers 4918 Main Street Post Office Box 2869 Shallotte, NC 29459 FF �FCF Wednesday, February 19, 1997 9 2g y0 Subject: Marsh Harbour Marina Calabash, North Carolina DWQ Stormwater Project Number SW8 920522 Dear Ms. Lewis: We have received our copies of your January 29 and February 6, 1997 letters to Mr. Odell Williamson regarding the subject project. Enclosed is the executed Infiltration Pond Maintenance (O&M) Form. After clarifying item #5 regarding the semi-annual inspection of the stormwater infiltration basins to Mr. Williamson, he had no problem with this particular requirement. As you are aware, Mr. Phil Norris of Andrew and Kuske certified the completion of the portion of the project draining to the stormwater infiltration basin 3C. It is our understanding that Mr. Norris has never certified the portion of the project draining to the infiltration basin 2D since that portion of the project has not been completed. I have discussed this matter with Mr. Norris. Mr. Norris has stated that he will check his files and let me know regarding this matter. By copy of this letter, we request that Mr. Norris also contact you regarding this particular issue. We have made provisions to have a contractor address the items of concern for basin 2D as listed within your February 6 letter. Ms. Judy Pridgen of Mr. Williamson's office has been instructed to have a contractor contact our office as soon as possible so that the basin can be cleaned out, grassed and the bypass structure installed. Should we need any clarification regarding this design of this particular basin, we will contact Mr. Norris directly. By copy of this letter, we are providing Mr. Norris with a copy of your February 6 letter for his files. We request that you continue to coordinate with the Division of Coastal Management (DCM) regarding provision of the required Stormwater Certification. It appears from a letter dated January 30, 1997 from Mr. Doug Huggett of the DCM, that the stormwater certification is the only issue that remains to be resolved. Ms. Lewis Page Two Marsh Harbour Marina February 19, 1997 Brunswick County, NC As always, we appreciate your prompt attention to this matter. Should you, Mr. Ed Brooks or Mr. Doug Huggett require any additional information, or have any comments, please do not hesitate to contact our office at your convenience. Sincerely, ee� Alan C( s, Vice -President East Coast Engineering Company, P.A. Enclosure pc: Mr. Ed Brooks, DCM - Wilmington Mr. Phil Norris, P.E. w/ Lewis 2/6/97 Letter Mr. Doug Huggett, DCM - Raleigh Ms. Judy Pridgen Ms. LaDane Williamson w/Enclosure File: 96-0035 (Marsh Harbour Marina) tdIL1 ; " i HI 'I , -F Fax:9107 75� -2004 $igTf ' lw+ yww jatl —,Ci ' Q7 4 : Li' F•. f) State of North Carolina Departmentof Environment, H.-alth, and Natural Resources Wilmington ke�dorfal Office Jnmaa l?. Ft,;;t,jr, Division of Wator Quality Gnvn'nor douathan A. Howes Water Q lity section I Secretan, A,•Cr, OdF11 1tT lliartson 2 Caufcwjy Dlive :an 161e Feaclz, NC 28469 L: ""tr MI, willilunson. 7anuaty 29, 1997 Subject: Additional ,'ufvr'mation Marsh harbour Afarina 5tonnwater Prcxj;t bnrnswick County Chl? ngz st 9, 1996, the 1Vminr:tan i'tegiotzal Gfrxce recaiveri a requesi to trerlsf;at ou ner51u1, ,, t d 1vLirsh aLaf6our A4arvza petr,it to you, oil September 3, 1996, this Office requested th;lt ar tryp'ratiorf arui Na ntertatzce A-111 be sh'lled by you for the maintenance of the i, 41-dtion ponds oil thr ,project. Oil 17:�tebFr 30, 1996, this Office zcceived the signed C) +sc At, however, item #S rsluting �io the sen+i arnxuxt h1 t.�ctirrl of the basis, has been c aietLd. D"is Office will be tillable this condition. Pleasto tr trsfer we penrit for Marsh .FT,rs. ,„V. t o}t,t e sign the enclosed form, without malting anv reVisions, and return i;, this t?tti ; by March 1, 1997. 4d Ltiaruzlly, dae ro Hite histcii j of the site concerping the numerous notices of VioLjri"M which were issucc], I will conduct a site visit prior to initiating transfer of the pernl t to yuu, "Che date of tha si?e visit ie as vrt undocrrnhzed. Sincerely, l.ir;da Lewis 1:5i1 \1r'Ol)rtl L':] i al l:.n �1I:Cl4S Rss/ari: S:1�x'(1S;SXf)I? 141'A'CzAi�lUl:y'Ec 1yi�OS2^.1?s'': l:L•, Abit Ltwit . 1,'yjst c,)1js �i,}vlr7 r}i•. n 111t� Fri Bruc>ks, L5c'm 1, 7t1!!g l"1V Pgcll, 1.N'f Linda l-iTv,is . .. , the S,ry ,oy :,✓leis; 'P 7..G :C:{a Forn: DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT \�I 711ZS'eet abash NC c. address or secondary road number a. Landowner: - MAY 2 4 1996 155 Reach Drive. SW. Calabash. NC DIVISION OF d. proposed work within city limits or planning Name Odell Williamson ,-nacTni MANAGEME risdiction? X Yes No Address 2 Causeway Drive e. Name of body of water nearest project (e.g. river, City Ocean Isle Beach State NC creek, sound, bay) Calabash River Zip 28469 Day Phone 910-579-6222 Fax 910-579-7303 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name gl l anlewi c with Fagtcnact Fng 1=ri ng a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Address P. 0. Box 2869 excavation and/or filling activities. Land development, no mining or bulkhead work - assembly installation of remaining City Shallotte, State NC dnrkc Zip 28459 Day Phone 910-754-8029 . larimmi1w. c. Project name (if any) MARSH HARBOUR MARINA N07E: Perna %W be issued in name of Landow r(s), and/or . projeer name. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick 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? a l l 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. Existing Marina currently occupied by over 100 boats. Docks will be built on land, put into water and floated into o ace with existing offers. Land approved by NCDHEC. n accordance with on plan previously Revised 03195 Form DCM-MP-I 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 44 Acres b. Size of individual lot(s) varies c. Approximate elevation of tract above MHW or NWL Approx. 40' to 10' d. Soil type(s) and texture(s) of tract Sand and coquina e. Vegetation on tract Scrub Pine. pampas grass, coastal bermuda grass. in. Describe existing wastewater treatment facilities. Carolina Blythe 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.) Sediment basins, ponds, weirs and overflows all per DENR plan referred to 3d above. o. Describe existing drinking water supply source. Both Brunswick County and Carolina Blythe f. Man-made features now on tract Existing marina z complete, all pilings & u ea excavatior5. ADDITIONAL INFORMATION complete, docks & office in place, 2 adoibuiIdir�g �td Eandhose' Plan land g' In addition to the completed application form, the classification of the site? (consult the local lam -we pion.) following items must be submitted: Conservation Transitio � ' � X � i ,- Y, Developed Comm�t�ty • A CO�� o the deed (with state application only) or Rural Other otherinstrument under which the applicant claims title MAY 2 4 Wtbe -affected properties. If the applicant is not h. How is the tract zoned by local government? DIVISION OFelaiming to be the owner of said property, then pll❑ ,-)ASTAI- MANAG , ¢Ia copy of the deed or other instrument under w tch a owner claims title, plus written permission Is the proposed project consistent with the applicable zoning? 4_ Yes No (Attach zoning compliance certificate, if applicable) 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 Are there wetlands on the site? _ Yes ?- No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) On file with your office. 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 On file with your office. Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. On file with your office 5/26/92 & 5/27/92 • 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 6. CERTIFICATION AND 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, ives of te eview agencies to enteerronetheaforementionedti d federal in 1�'rr connection with evaluating information related to this M Atrot ..lication and follow-up monitoring of the Calabash- NC 29467 DIVISION OF COASTAL VflitiW is 1W that the information provided in this application is truthful to the best of my knowledge. • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NC No. 015712 1/31/96, Stormwater Project 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. • 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. Not applicable. Tbis is the � day of �, 194. Print Name mo 411��1 ai77s'0 /i' Signature (//dta w ' landowner or Authorized A¢ent 'lease indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ 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. Revised 03/95 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Access channel (MLW) or (NWL) (Calabash Creels) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) T'03"DO AUG 12 1996 Dlwia1,id OF COASTAL MAIdAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 800+ b. Type of material to be excavated tyWcally canny rmterial in canal and boat basin c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes x No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED UTIT- IYPLiEl a. Location of disposal area paca t 01971M (firmirima Yrnr_t) b. Dimensions of disposal area 1 acre + - c. Do you claim title to disposal area? x_ Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes _ No If yes, where? see a above Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes Y_ No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead X Riprap b. Length c. Average distance waterward of MHW or NWL N/A d. Maxim}Im distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months less than 2' year (Source of information) inspection f. Type of bulkhead or riprap material cn,v-rara, pr aat w/ can R deactmen (this is prf.cting) g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material N/A - existing i. Source of fill material N/A - existing 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will rill material be brought to site? X Yes No If yes, (1) Amount of material to be placed in the water n (2) Dimensions of fill area var;ac (3) Purpose of fill gradi for footprints, parking, etc. b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area N/A (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? adequate erosion control measures will be constructed and maintained b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dramie for periodic bsin and canal rmintenance c. 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. -Applkme arPenjectName Sig ;i a t u r e Maish Harbour Marina —SiwMu'Q- Project ',ame Date Revised 03/95 Form DCM-MP-3 UPLAND � ° ID lJ AUG 21�9b DEVELOPMENT,;OASTALipAA(JAGEMENT (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 Cnnven. stick -built town - homes w/ clubhouse, tennis courts, pools L b. Number of lots or parcels acres high gravid N/A; entire tract 27.6 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 1986 Perffit # S%B920522 Describe proposed method of sewage disposal. Pump to existing Carolina Blythe Utilities eatment ty j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? Yes units per acre) 400 + Units 8 units/AC (Attach appropriate documentation) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 25 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? X Yes No If yes, date submitted 1 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. marl, paver store, asphalt and corcrete. 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. 17 + k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash don" and residential discharges). I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Brunswick County Water System m. Will water be impounded? _ Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the llott(s)�platted and recorded? N/A Applkaaf. erPrejed Pump S i g n a t u t e Marsh Harbour Maiina -"are Project Nam e 8/ El 17(� Date Revised 03/95 Form DCM-MP-6 MARINA r101E11711U- DEVELOPMENT DIVISION OF (Required for the mooring of more than 10 vessels) 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. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial _ Public X Residential Private b. Will the marina be open to the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currentlyy developed? 16 condo units....250 planned ± d. Check all of the types of services to be provided. Full service, including travel lift and/or rail X Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips 120 No Dry storage Number of boats I I0 no Boat ramp(s) no Other (describe) _ e. Check below the proposed type of siting. Land cut and access channel X Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). mixed Revised 03t95 COASTAL MANAGEMENT g. Typical boat length 3W to 40' h. Maximum boat length 100, i. Are any floating structures planned? Yes If so, describe docks - floating concrete most are already in place 2. MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. _yes Office toilets ,— Toilets for patrons Number 3 Location dock masters office & B Dock yes Showers yes Boat holding tank pumpout Type and location at dockmasters - electric pump b. Describe treatment type and disposal location for all sanitary wastewater. 2 h� tank, that are oumoed out as needed c. Describe the disposal of solid waste, fish offal and trash disposal. nicked up by Waste Management Trash Services d. How will overboard discharge of sewage from boats be controlled? Impertion of hnat, with right to lock any Y valves in closed position. e. Give the location and number of "No Sewage Discharge" signs proposed. There are 4 existing signs and located at beginning of each dock area. Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No paint facilities available or allowed. Petroleum - 250 gallon used oil drum No Sandblasting allowed. r15 um is emptied by a commercial service. g. Where will residue from vessel maintenance be disposed of? No maintenanre allnwed nn site. h. Give the number of channel markers and "No Wake" signs proposed. existing 2 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. See Sketch attached- Oil containment boom is mounted on floating work barge available to deploy at once. j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Existing marina bottom is sloped from furtherest pint to entrance at a a as River to facilitate flushing. k. What will be the marina policy on overnight and live -board dockage? Transits are accomodated for one or two night if discharge valve is locked off and they �tse on premises shower and bath facilities. 1. Is the proposed marina located near any shellfish leases? Yes y No If yes, give the name and address of the leaseholder. in. If this project is an expansion of an existing marina, what types of services are currently provided? All facilities previously mentioned above are existing. Marina has been in operation since 1988 and has been In compliance/government regulations. n. How many slips are now available? 120 o. Is the marina proposed within a primary or secondary nursery area? Yes x No p. Is the marina proposed within an area open to shellfish harvesting? Yes x No q. Give the location and number of "Pumpout Available" signs proposed. 1 located at p,mn next to dockmasters office. MARSH HARBOUR MARINA AP * t or Project Name , Signature (�•t/f .S/S I Date T011,1711D MAY 2 4 1996 DIVISION OF COASTAL MANAGEMENT Revised 03/95 p r `• p ro � If �4IM- 40 ice// L YO a 01u • L a. ¢.nn TY.T iMn L». O.S O[... pT rt I TLIIM.1 pu[ I.1.1 ST T IT rn,plL i[.T TT 1.11 n COR % 10 nD I. M IT [Y0 rr. I& I TIYi iaS O.r CIS IKN[[p».CCOIq.p¢ plfp C L..T- K Y .YEpOEI fTp[N Ot WOD 10p /pL TMf T11(� ppi 0I nn. p[/ LaYO1VMfTp.l�lm CS {wawtTa. 0.L /000p TO .00 �.IOEO 611001 OL TMI{ TW OpT OT 1974. ri C04W9O[f♦ ax + TLI[ NL[[I<IY[O K¢F .CIIOO9L1DMf Tw.T 1.9 L.. WOO. OY 1.11 ILJT Y tlTw TR �TI/fO[ WOYL.TM. AW Or �." COIIY[T COO TO.T TOO A.t . Orw.1 IO Yt WE .CT OYO M= • (O.00TLO 9 " CWOn rL.Y ammo s naOO w/•O fr" . Wl SURVEY OF BOUNDARY ESTATES::;, :: SHALL07TE TOWNSHIP BRUNSWICK COUNTYL'N.C. SCALE: 1" . 2001 MARCH. 1978 .. %� A15p[saL of p�lodre �Mar.>i I �rC c�e. M14�Ef•tq•l! ". ( DALE pL( L I CVOR YtP .1 1" .9 • VICINITY MAP AUG 12 DWISIvN COASTAL MAN/ I9 yM ENT Forih DCM-MP-I APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT D (0 im H 7Tp�5155 labash, NC c.eet address or secondary road number a. Landowner: MAY 2 4 1996 Reach Drive. SW. Calabash. NC DIVISION OF d. proposed work within city limits or planning n Name Odell Williamson COASTA' ANAGEME risdiction? x Yes No Address 2 Causeway Drive City Ocean Isle Beach State NC Zip 28469 Day Phone Fax 910-579-7303 b. Authorized Agent: 910-579-6222 e. Name of body of water nearest project (e.g. river, creek, sound, bay) Calabash River 3. DESCRIPTION AND PLANNED USE Name g] I a I Iewic with Ehstcoac ngineering a• Address P. 0. Box 2869 City Shallotte, State _NC Zip 28459 Day Phone 910-754-8029 c. Project name (if any) MARSH HARBOUR MARINA NOTE: Pennti %Q be issued in mme of lando er(s), and/or project mme. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick OF PROPOSED PROJECT List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Land"development, no mining or bulkhead work - assembly installation of remaining dnckc 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. Existing Marina currently occupied by over 100 boats. Docks will be built on land, put into water and floated into place with existing piers. an development will proceed in accordance with stormwater and sedimentation. plan previously i1Rproved bv.NCDHEC. Revised 03/95 Form DCM-MP-1 CHARACTERISTICS a. Size of entire tract 44 Acres b. Size of individual lot(s) varies c. Approximate elevation of tract above MHW or NWL Approx. 40' to 10' d. Soil type(s) and texture(s) of tract Sand and coquina e. Vegetation on tract Scrub Pine, pampas grass, coastal bermuda grass. f. h. L in. Describe existing wastewater treatment facilities. Carolina Blythe 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.) Sediment basins, ponds, weirs and overflows all per DENR plan referred to 3d above. o. Describe existing drinking water supply source. Both Brunswick County and Carolina Blythe Man-made features now on tract txisring marina $',complete, all "pilings & u ea excavations. complete, fuel docks & office in p ace,.2 _ naao.buildi�1� d lu§6h se. iaf is the and �se Plan land In addition to the completed application form, the classification of the site? (6muk the local land me plan.) p pP following items must be submitted: Conservation Trans t® � � V X Developed Co t OVA co the deed (with state application only) or Rural Othe other i ment under which the applicant claims title MAY 24 1_a ected properties. If the applicant is not How is the tract zoned by local government? DIVISION 0plaiming to be the owner of said property, then ptln COASTAL MANAGwM copy of the deed or other instrument under w is a owner claims title, plus written permission Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach zoning conpfiance cenificare, if applicable) 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 yligible property? Yes �V No 1. Are there wetlands on the site? —Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Atach docamewation, if available) ADDITIONAL INFORMATION • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule W.0203 for a detailed description.) On file with your office. 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 On file with your office. Revised 03195 Form•DCM-MEP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. On file with your office 5/26/92 & 5/27/92 • 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. 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. Name nnrnthy Y. Terry I certify that I am authorized to grant, and do in fact, Address 402 Glasgow Road o representatives of state and federal Phone�r 1 C 27511 1� t enter on the aforementioned lands in connection wi aluating information related to this Name Mrs.Betty Leonard tlffgand follow-up monitoring of the Address 1001 Calabash Road SW MA�too Phone Calabash NC 28467 DIVISION OF Name COASTAL UWftGEditOThat the information provided in this application is truthful to the best of my knowledge. Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NC No. 015712 1/31/96, Stormwater Project 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. • 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. Not applicable. This is the -&day of //Ill , 19�. Print Name/JD��P/��� Signature Landowner or Authorized Agent 'lease indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ 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. Revised 03/95 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Access channel (MLW) or (NWL) (rnlalash Creels) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding- .. shoreline stabilization) FC311v3B AUG 12-1996 0!'Viz>, yid OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 800! b. Type of material to be excavated typically sandy aaterial in canal and boat basin c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED ►fw) Mil 4 Locationa. of .• 0 (fiirnJt7mP m b. Dimensions of disposal area 1 acre +- c. Do you claim title to disposal area? x Yes _ No If no, attach a letter granting permission. from the owner. d. Will a disposal area be available for future maintenance? X Yes _ No If yes, where? CPP A- above _ ._- Revised 03/95 Form DCNI-b1P-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _ Y No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X .Bulkhead X Riprap b. Length 6650' — existing c. Average distance waterward of MHW or NWL N/A d. MaxiN An distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months . lass than 2' , year (Source of information) inspection f. Type of bulkhead or riprap material rnnrrat•o, rn act w/ rap aaarlmen ( hi.s i.c existing) g. Amount of fill in cubic yards to be placed below water level (1) Riprap 0 (2) Bulkhead backfill h. Type of fill material N/A — existing i. Source of fill material N/A — existing 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) J a. Will fill material be brought to site? X Yes No If yes, (1) Amount of material to be placed in the water n (2) Dimensions of fill area var;ac (3) Purpose of fill grading for footprints, parkim, etc. b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes _Y No If yes, (1) Dimensions of fill area N/A (2) Purpose of fill . N114. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? adequate erasion control measures will be constructed and maintained b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? draoli,w for periodic hsin and canal maintenance c. Will wetlands be crmsed in transporting equipment to project site? _ Yes X No If yes, explain steps that will .be taken to lessen environmental impacts. Applkeurer14ojeaName Si.gnature Marsh Harbour Marina —5 - Project 'Name d�8�9 G Date Revised 03/95 Form bCM-M11-3 UPLAND ° � 1 D .AUG ? ,I„49�� DEVELOPMENT:ypAg TALIpAAiJACacMcNT (Construction and/or land disturbing activities) 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. a. Type and number of buildings, facilities, units or. structures proposed Craven. stick -built town - homes w/ clubhouse, tennis courts, pools b. Number of lots or parcels N/A; entire tract 27.6 acres high ground c. Density (give the number of residential units and the units per acre) 400 + Units 8 units/AC d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 25 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? X Yes No If yes, date submitted 198b— f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. marl, paver stone, asphalt and concrete:: 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. 37+ h. 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 1996 Pen>nt # 9020522 i. Describe proposed method of sewage disposal. Pump th ex� Carolina Blythe Utilities 1Yeatrnent rAri1ity j. Have the facilities described in Item i. above received state or local approval? Yes (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash doff' and residential discharges). Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Brunswick County Water System m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Applicant "44vject-Name Signature Marsh Harbour Marina -SksMum Project Na;ae e/ 6l 96 Date Revised 03/95 Form DCM-MP-6 MARINA DEVELOPMENT MAY 24O99°` (Required for the mooring of more than 10 vessels) 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. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial _ Public X Residential Private b. Will the marina be open to the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 16 condo units .... 250 planned ± d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips 120 No Dry storage Number of boats 11 n no Boat ramp(s) no Other (describe) e. Check below the proposed type of siting. Land cut and access channel _X Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types), mixed Revised 03/95 _�,.. DIVISION COASTAL MANAGEMENT g. Typical boat length 30' to 4n' h. Maximum boat length 100, i. Are any floating structures planned? Yes If so, describe docks - floating concrete most are already in place 2. MARINA OPERATIONS a. Check each of the following sanitary: facilities that will be included in the proposed project. �eS Office toilets yes Toilets for patrons Number 3 Location dock masters office & B Dock yes Showers yes Boat holding tank pumpout Type and location at dockmasters - electric pump b. Describe treatment type and disposal location for all sanitary wastewater. 2 h� tanks that are pumped out as needed c. Describe the disposal of solid waste, fish offal and trash disposal. picked up by Waste Management Trash Services d. How will overboard discharge of sewage from boats be controlled? TnsRprtinn of hnatc with right to lock any Y valves in closed position, e. Give the .location and number of "No Sewage Discharge" signs proposed. There are 4 existing signs and located at beginning of each dock area. Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No paint facilities available or allowed. Petroleum - 250 gallon used oil drum No Sandblasting allowed. )lrum is emptied by a commercial service. g. Where will residue from vessel maintenance be disposed of? No maintpnenrp allnwpd nn site. h. Give the number of channel markers and "No Wake" signs proposed. existing 2 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. See Skptrh attached. Oil containment boom is mounted on floating work barge available to deploy at once_ j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Existing marina bottom is sloped from furtherest pint to entrance at a a ash River to facilitate flushing. k. What will be the marina policy on overnight and live -board dockage? Transits are accomodated for one or two night if dicrhargp valve is locked off and they use on nremicps shower and bath facilities. 1. Is the proposed marina located near any shellfish leases? Yes x No If yes, give the name and address of the leaseholder. in. If this project is an expansion of an existing marina, what types of services are currently provided? All facilities previously mentioned above are existing. Marina has been in operation since 1988 and has been in compliance/government regulations. n. How many slips are now available? 120 o. Is the marina proposed within a primary or secondary nursery area? Yes x No p. Is the marina proposed within an area open to shellfish harvesting? Yes _ x No q. Give the location and number of "Pumpout Available" signs proposed. 1 located at pumn next to dockmasters office. MARSH HARBOUR MARINA ApPl�pt�iect fame , Signature/Gt/ �/S96 Date 111,1719 MAY 2 4 1996 DIVISION OF COASTAL MANAGEMENT Revised 03/95 its SURVEY OF eE07 1h BOUNDARY ESTATES:; • ,r•Vs, SHALLOTTE TOWNSHIP BRUNSWICK COUNT%'.PLC. • • P 4J�� 'x" SCALE: I• 2001 MARCH, 1978 • • IS. 1, GIf-, Q SAY-L A MCC LMO WNLTM I.QaO EVE f • { ti HKLtOCTL.K A ��" *�.� A I.JGY L "LE • L s. It."" THAT TMM. Y.. WAS pp•.a •T WE rAM •..LTp4 S.f "..It W R •T w•c.rnloa THAT THIS sY•YLT n COWRLcr TO THE BEAT Or or LaLA- LEDGE. THAT T.M 0.1.•L .Knnp I. •ccMpL.Q B t, C.S.O-EG AS .MAIMS. VITAL" •Y HA" •M auL THIS THE _ p•C or um L . VALE •CG LA... rOAL.® Cj NYLLOTTL. { !BORN TO AM fll•CLplty bEl"K YC THIS TM ACT OS 197C. NIT&" .OL,G M ceBA.•sop LAwMa THE II.00bIBRiO MAC•T Ac.1»ILLDG[l THAT T.0 LAW OmM. ON T..& PLAY Y VITN» THE O»{TPIGpv KLOL•TIO. AND W My.C.lp{ CpNNIY L•O THAT TIp SLIT •RyOT.C.T Is YT rMC ACT AYp carcl A`fVhM " ORUNI.0 COOTTT P"M •OAM CIALSIR 0.L". AIB..h.M ...L•Y 017' DispaSX OF perlodtc AAAr.4I N Ci'C�5., rsilF%raC "t�nl. 111 llp I w. •... e.• .4 � .TY y Am Z is » » VICINITY YAP K 1 • . a •. AUG 12 96 D DWISiuN F OCASTALMANA EMENT State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director June 13, 1997 Marsh Harbour Marina c/o Odell Williamson 2 Causeway Drive Ocean Isle Beach, NC 28469 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 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 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 Cardjust 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, t Jo R. Parker, Jr. t Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, ���.FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N " C An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper .0 ' DIVISCN OF COASTAL r__-,,NT FIELD INVESTIGATION REPORT �ECE�u�D 1. APPLICANT'S NAME: Marsh Harbor Madna/Odell Williamson NOV 71996 arG1aAT(1RV RRA,SND 2. LOCATION OF PROJECT SITE: Existing marina and associated multi -family development site,10155 Beach Drive S.W., Calabash, NC, adjacent to Calabash Creels, in Brunswick County., " Photo Index - 1995: 3 27 I-R, 11-14 1289.-194-6 M X, 19-22 State Plane Coordinates - %:2130000 Y:50000 3. DVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Vidt - 4/23/96 5114196 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 A Intended Use: Commercial/Residential (E) Wastewater Treatment: Existing Carolina Shores Treatment Plant :• Planned -Same ` (F) Type of Structures: Existing `Marina basin w/ docks, 5 of 38 townhouses (16 of 250 v- [mils), swimming pool Planned - Additional docks, remainder of townhouse units, hotel, and recreational facilities. T. (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 (D) 'Fatal Area Disturbed: 35.7 acres . . (E) Primary Nursery Area: No (F) Water Classitication: SA Open:CLOSED 8. PROJECT SUMBIARY: 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 12131/89. 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 Nfarina/Odell Williamson { Page 2 9. PROJTEC3: D SCRr riON The existing Marsh Harbor Marina and Townh Calabash Creek, in Calabash, NC, in Brunswiouse complex is located at 10155 Beach Drive SW adjacent to ck County. The facility was originally permitted in 1982, State Permit #74-82, for a combination of coquina mining and marina development project. Throughout the fourteen year history, the project has completed several modifications to the original design, an annual permit renewal. The roe Prolect's and the permit was subsequently allowed to expire in 1991. The the permit transferred Charles Kron nh enter maintaining wishes x obtain anew permit to continue the multi -family development, and provide for maintenance excavation' of the existing marina basin. `PerEY has reverted back to the applicant, who The majority of the 27.6 acre project site remains undeveloped. The site is vegetated by planted grasses wild volunteer species of various weeds, grasses, and woody shrubs. Of the thirty-eight (38) three story mulaand ndmnl townhouses originally proposed, only two (2) have been rb development, off NC Hwy 179, in the northwest corner of theepThese are located near the entrance to �e swimming Pool, and tennis courts and associated property. The management/office Provide access to the 12.7 acre marina basin and the docg have also been completed in this area Marilrolads Property corner,adjacent to the mouth of the marina master's building, which a located in the southeast transient docks are located there as well. The three channel. Fuel pumps, sewage pump -out station, and constructed and there are approximately 100 boats currently do ked at the facility.The marina waspermitteddocks into the center Of the basin a been 257 boat slips. Yet to be constructed are D dock (41 slips), E dock (63 slips), G dock (8 slips), and the remainder for 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 tothe newly submitted Plans. This would include approximately 25 acres of highground disturbance, by grading and site pieparadlon. 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 alsomaintenancefbr within the existing marina basin. The applicant had recently obtained a LAauthorization 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/dragae excavator would be used for periodic maintenance by planing excavated material directly into trucks and hauled to the spoils disposal area. The applicant o to use two 1/2 acre lots for spoil disposal of dredged material These lots are located in Bowns and proposesundary Estates, just west of the Marsh Harbor Marina property. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 0 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer ortn DCM-MP-1 r 1. APPLICANT a. Landowner: APPLICATION RECEIVE© (To be completed by all applicants) -NOV 7 1996 SeWTO&Y 1tRi1tV(y+ b. City, town, community or landmark D 303 B FIB l ash, He _ C. xt address or secondary road number MAY 2 4 1996 1Fs Rparh Drive_ SW_ CaTabas6= WC DIVISION OF d. , L proposed work within city limits or planning Name Odell Williamson Ce1AS2:A1 heANAGEME ction? x Yes No Address 2 Causeway Drive e. Name of body of water nearest project (e.g. river, City Ocean Isle Beach State NC creek, sound, bay) -Calabash River Zip 28469 Day Phone Fax 910-579-7303 b. Authorized Agent: 910-579-6222 3. DESCRIPTION AND PLANNED USE Name Allan 1 m is with FAg:tcnact Fnyineering a. Address P. 0. Box 2869 City Shallotte, State NC Zip 28459 Day Phone 910-754-8029 c. Project name (if any) MARSH HARBOUR MARINA Nom. Permit will be inued in name of landow er(s), and/or pmjea now. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick OF PROPOSED PROJECT List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activipes. c . .and"development. no mining or bulkhead work - assembly installation of remaining dnrkc 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 addiaonalcases. Existing Marina currently on be tt Revised 03/95 Form DCM-MP-1 4• LAND AND WATER m. Describe existing wastewater treatment facilities. CHARACTERISTICS Carolina Blythe a. Size of entire tract 44 perPc °- Describe location and type of discharges to ;waters b. Size of individual lots) varies ' of time sue. (Far example, surface ru-M wastewater. industrial/commercial e®--...y C. Approximate elevation of tract dOI and residential discharges. s. above MHW or Sediment basinsPonds weirs any doowverfl NWL Aenrox � all .per DEAR plan referred to 3d above d. Soil types) and texque(s) of tract Sand and coquina o• Describe existing drinking water sup,�pPI Both Brunswick County and t.aryolsina Blythe e. Vegetation on tract —5CM p;nP oamnae ev" roac_t—mil hPrTm!da crass s' f. Man-made features now on tract Existing marina - #',complete, all 'pilings 6 u ea excavatiorg. ADDITIONAL c n o .bui e i l► $d lubboh L Ce. i" it ace, :2 INFORMATION g•a rand �se Plan land classification of the site? (co,,,,,r, de A,,d imp nreP4mL) In addition to the completed folfowin � application form, the Conservation (�v 8 items must be submitted: X Developed Trans �the deed with state Rural OC other' ( application only) or MA Y 2 ¢ 1g� ent under which the applicant claims title h. How is the tract zoned b local Properties. If the applicant is not stun Y governmeI DIVISION O#�ng to be the owner of said COAST MANAG= ropy of the deed or other ' gyp ' then e owner claims title plus r. I -m .under i. Is the proposed project consistent with the applicable from the owns ro ' P t Permission zoning? X Yes No carry out the project. (Aaach taring CORP a or XMte, IaPaECIIII l • An - ' accurate, dated work phiE (including Plan. view j. Hasa Professional archaeological and cross�onI drawings) drawn to scale in black P 8m assessment been ink on an 8 UZ' by 11' white done for the tact? Yes _� No paper. (Refer to If yes, by whom? Coastal Resources Commission Rule 71.0203 for a detailed description.) On file with your office. k. Is the project located in a. National Registered Please note that original Historic District or does it involve a National only hi drawings are preferred and Register listed qr pligibie property? y 8h gym' copies will be accepted. Blue-fineYes IV No P� or other larger plats are acceptable only if an adequate number of quality copies are provided by 1. Are there wetlands on the site? _Yes C No appleant (Contact the I.S. Army Corps of Coastal (marsh) Other gmeers regarding that agency's use of larger If yes, has a delineation been conducted? drawings.) A site or location map is a part of plat (Aaade docunm,n,i,,, if requirements and it must be sufficiemly detailed to guide agency personnel unfamiliar with the area to the On file with your office. Revised 0319S Form 'DCM-MP-1 Is site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. On file with your office 5/26/92 & 5/27/92 • 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. 6. CERTIFICATION AND PERNUSSION TO ENTER ON LAND I mxtwAand 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. Name "Go"" . Terry I certify that I am authorized to grant, and do in fact, Address 402 61 asgaw Roa EZI AFJ* representatives of state and federal Phone Cary. NC 27511 �on the aforementioned lands in Name Mrs.Betty Leonard connection wi aluating information related to this Address 1001 Calabash Road SW MQ�1` and follow-up monitoring of the Phone Calahash. Nr 28467 DIVISION OF Name COASTAL Iulltdt k6EW* hat the information provided in this Address application is truthful to the best of my knowledge. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NC No. 015712 1/31/96, Stortawater Project 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. • 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. This is the /a day of // I�11? , 194. Print Name Signature lY � W twdawner or Aurhoriza! ,-a-- lease indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information 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 anachment itt the space provided at the bottom of each form. Not applicable. Revised 03/95 Form bCM-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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. AvemV Had - -=> .--Pfojea Length Width Depdt Depth Access channel (B4.W) or (NWL) (G61abas1 Q-eek) Canal Boat basin Boaz ramp Rock - groin Rock breakwater Other (Esdading- -- 9tl muw 7NbItlrJtWO) AUG 12 1996 DIV1"z1'j d OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards -800. b. Type of material to be excavated U9L=L7z candy radial in racal and boat haain - c. Does the area to be excavated include coastal wetlands (marsh), submerged -aquatic vegetation (SAVs) or other wetlands? _ Yes 7 No d. B"rghground excavation in cubic.yards 0 2. MSPOSAL OF EXCAVATED -MATERIAL disposala. Location of u= ..... disposalb. Dimensions of acre c. Do you claim title to disposal area? _ ..._ r Yes _ No If no, attach a letter granting permission from the owner. — --- d. W71 a disposal area be available for fame mainrnn =? % Yes _ No If yes, where? c-P A_ ahm-P Revised 03/95 va ua ✓V1YI_lVJr_2 - e. Does the disposal area include any coastal (marsh), SAVs or other wetlands? wetlan Yes _i_ No f. Does the disposal include any area is the water' Yes X No 3. SHORELINE STABMMATTON a. Type of shoreline stabilization X Bulkhead X Riprap b. Length 66501 —existing . c. Average distance watetward of MHW or NVVL d. Max N A distance waterward of MHW or rnvL e. - Shoreline erosion during preceding 12 months less tlhan 2" f. Type of bulkhead or riprap material , g. Amount of fill in cubic yards to be water level Placed below (1) Riprap 0 (2) . Bulkhead bacliA h. Type of fill material i. Source of fill material N/A — existing 4. OTSER FILL ACTIVITIES (Excluding Shoreline Stabilization) a, -will fill material be brought to site? _Z_ Yes No ds If yes, (1) Amount of material to be i water ; Placed lathe (1) Dimensions Of fill area (3) Purpose of fill adi etc. or a. b. will fill material be placed in (marsh). SAW or other wetlands? �� ,wetlands Yes T No :r H yes,... (1) Di meosions of fill area (2) Purpose of fin 5. GENERAL a- How will excavated or fill and p�erro�siocontrolled? material bpge��keptt on site TT"` measthr�n � W711 be �p b- what type of construction equipment Will be used dredge)? .. (for example, dtagtine, backhoe or hydraulic . . draeUne for canal�xliz bsia and... ice ..... c. Will wed M ands 6e crssed in transporting 10 Project site? Yes = No equipment -" If yam, eCplain steps that will be taken to Iessen y eaviroamemd impacts. OName Signature Ma sh Harbour Marina — Project flame Due 8�8 9 Revised 03,95 `Form DCM-MP-3 UPLA" UG 12 19963 y r9 b D GIAVIJ,.,v nF DEVELOPMENTOASTALMANAGEMENT (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 Cxwen- stick —built town — homes w/ clubhouse, tennis courts, pools. b. Number oof. gh lotsoorrptract parcels N/A; entire tct 27.6 acrw c. Density (give the number of residential units and the units per acre) 400 + Unirs 8 units/AC d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 25 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 1- No bmitte If yes, date sud f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. zaarl, pave' stone, asphalt and carte- 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. 3M + 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? I_ Yes No If yes, date submitted 1986 Permit # SkB920522 Describe proposed method of sewage disposal. Pump th a Carolina Bly& Utilities tY j. Have the facilities described in Item i. above received state or local approval? Yes Offal gVmpfi to doaunmmianl - Jr. Describe location and type ofproposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash doX" and residential discharges). 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Brunswick County Water SystEM m. Will water be impounded? _ Yes % No if yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A �PPumlw-ftjec&-Ptawe Signature Marsh Harbour Marina Project Na;ae 8/ 6146 Date Revised 03195 I 0 i i I I i f ••9• Form DCM-MP-6 z, MARINA = PAMN� (Required for the mooring of more than 10 vessels) DEVELO 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 ProJec __ FMky) Ell 0-hEyel: riI;X-[till a. Check below the type of marina proposed. Commercial _ Public X Residential Private b. Will the marina be open to the general public? Yes X_ No .'. :. .:__ c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 16 condo units.:::250 planned ± d. Check all of the types of services to be provided. Full service, including travel lift and/or rail y Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips 120 No Dry storage Number of boats 1 in no Boat ramp(s) no Other (describe) e. Check below the proposed type of siting. Land art and access channel X_ Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, chanter boats, sail boats, mixed types), mixed .D MAY 2 4 1996 - DIVISION OF COASTAL MANAGEMENT g. _ Typical boat length an' to en h. Maximum boat length 100' L Are any floating structures planned? ves 1fso, describe docks — floating concrete MUst are already in placp 2.- MARINA OPERATIONS a. .Check each of the following sanitary: facilities that will be included in _the_ProPosed project o —Xps ' Office toilets ... -Se , Toilets for patrons Number 3 Location dock masters office 5 B Dock Yes Showers . yes Boat holding tank pumpout Type and location at dockmasters — electric pUMp b. Describe treatment type and disposal location for all sanitary wastewater.—? holding tanks that are _pumped out as needed c. Describe the disposal of solid waste, fish offal and trash disposal. Riekpd up by Waste Management Trash Services d. How will overboard discharge of sewage from boats be connrolled? Tnspprtinn of boats with right to lock any Y valves in closed psi ion. e. Give the location and number of "No Sewage Discharge" signs proposed. Thorp are 4 existing signs and located at beginning of each dock area. 03195 'Form DCM-MP-6 Ao ` f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint; o. Is the marina proposed _:within a.:primary ,or secondary nursery area? ' sandblasting waste and petroleum products. Yes x No No paint facilities avail-hlp orallowed. Petroleum - 250 gallon used oil drums P. Is the marina proposed within an shellfuhharvesting? Y area open to No Sandblastinges allowed. —Um No.;, Ur is emptied y a commercial service. - q. Give the location and number of 'Pumpout g. Where will residue from vessel maintenance be Available' signs proposed. I to atpd next to dockmasters office. at pism, '• disposed of? Nn maintpnanrp allnwwl nn '!•<'' site. MARSH HARBOUR MARINA . h. Give the number of channel marker; and No Sig Wake" signs proposed. existing -2 i. Give the location of"fuel-handling facilities, and Dan describe the safety measures planned to protect area water quality. See Skpti-h attarha•+ Oil containment boom is mounted on flog inm l work barge available to deploy at n�rg j. Describe design measures that promote boat basin Bushing or circulation and that reduce water quality O - - impacts. Existing marina bottae is sloped from furtherest point to entrance at �a aT6asTi River to facllltate flushing. DIVISION OF COASTACUANAGEMENT,: r it. What will be the marina policy oa overnight and live -board dockage? Transits are accmodated for nnp twn or night if dier•h-.vp wa7va is locked off and th v �� on prsnicpc .. shower and bath facilities. I. Is the proposed marina located near any shellfish leases? Yes i No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are cmrently provided? All facilities previously mentioned above are existing. Marina has b e In o eratlon since ]988 and has been in compliance/government regulations. n. How many slips are now available? 120 ReAwd 03195 Willianuon/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 spofl 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 C 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910395-3900 * Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer IMP I 0 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental concern as designated under the CAMA was received on 10/25/96. According to said application, Odell Williamson is requesting the re -issuance of the Marsh Harbor Marina permit, so that development of the project may continue. 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 at 10155 Beach Drive S.W., Calabash, NC, adjacent to Calabash Creek, in Brunswick County. A copy of the entire application may be examined or copied at the office of Environment, Health and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Roger N. Schecter, Director, Division of Coastal Management, P. O. Box 27687, Raleigh, N. C., 27611, prior to 12/04/96, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: THURSDAY, NOVEMBER 14, 1996 zlw�l SURVEY OF Oki ,7 BOUNDARY ESTATES:;: • SHALLOTTE TOw?Mlp BRUNMCK COUKTYMC- ju -14,- SCALE: 1' • 200, MARCH, 1978 • sae Air 4r at. 7ttAtt 77 L Ott" 7ger- Ldl Sat 31"ALLarTy. IMtkil"Awl) art.[DAtr OF ------------- -- AAAr-4 at 4A; v=mffy AMP .2;= .. -3- 0010923 AUG 12196 WVISiuN GIF ' COASTAL MAMA E EMENT f 1 44 SURVEY OF Oki ,7 BOUNDARY ESTATES:;: • SHALLOTTE TOw?Mlp BRUNMCK COUKTYMC- ju -14,- SCALE: 1' • 200, MARCH, 1978 • sae Air 4r at. 7ttAtt 77 L Ott" 7ger- Ldl Sat 31"ALLarTy. IMtkil"Awl) art.[DAtr OF ------------- -- AAAr-4 at 4A; v=mffy AMP .2;= .. -3- 0010923 AUG 12196 WVISiuN GIF ' COASTAL MAMA E EMENT f 1 44 ami rmutooa , maw®ar,�fln aaw�.mm� /�J/ I�s�a NUM S ss�e�fmm��fe-zu maiai® iSD -� i if MAY 2 4 1996 DIVISION OF COASTAL MANAGEMENT L C�4. ram. u� CT=z a� ram. d.+aa / / ODOL lIIIL10011 ODKII. 1DIIANSON (�C CA (. va rwmia emnmi -lu®u urcer er ��aaa>m cow rvmv r vaa � a� e w�m. is°��) (OIY1V! VXRio �1mi (( 11� 1q' R rt 11 LL Q II v»iim usai��or�aD sass �/ IIGGRD OX T96 IBJrt 1✓t'JL9Ill.SU RLXS ffi �I. 0 �Xa�I. � PRMIRi 1®Yllm ar NRAW1XY10 T P'6—� II II 'I II II 11 '1 � � '1 11 I I 'I 11 1m � ��� FE0@ NOI� 015I1B 1LIID 1 ]I/i1,� Ili('!. NG O)� ilm I116 GRIR BI.�i �1N 6 W O®�G ® 1S )� ROLL ®1G Ilm YAP T[IIID 'Y�®_ W�14 OIC. C�1>3L4X. O� -EaiT !1® fJ®JII� O1ID1 1 � Rl 1AU O/?2/�G iSIH WI9t1 • WCLii9R N Wllmll' I� NY N CQI�ti 11O1�SIDP BAP ffiIffi�O. cm�a um �vm rtulma mm gem �a ran � 11m !�. OOQ 11® Palp OOi i1�. J\I �� R�ipX KAZXk SUP SCEMD= 1YID111 CYIBY®. IO8f9 �IXO%J1 ®1Ia) I�SC! ITIDON aliII16 1� . !1S II�t 3 WM�.1>YO 1 P® 9 - OI p�� TIJ@IIiIOX. CJ6DIJML !Q J1081�f1EY 101Y. �lfO 9JPD - OI P®Qf Mlles 9rta�e3 XC�m-®1 I177m 11111}T ✓tl.'mIL R , 1A C61M3 O! OFl1IO1 OivfIOPYIXf lWY iX�i• � Bd' 1171-1 rlolo� MAY 2 4 1996 DIVISION OF COASTAL MANAGEMENT V IY ODIU 11UL ON ' Q ODIII. ADI]ANSON JIMA NAB= SLIP BOX= pldm'ffiSp'sfo9nlffi Ydtu[AIDI[PfY[ H1�006 Yffi[l Ca�6]a ce er a4w�m: �91 B�uvvhaP� ren�u ffi'ar�i�s�ees � � xo ®uxa m aPulm avPl:.rm�v(mw®i4 ffi618a-- .. .. MAY 2 4 1996 DIVISION OF COASTAL MANAGEMENT _ B.B� B.BeoD� New. rlA,,E'°` da�x W Cmvoltlni Ao�v e.s<.rou�.m� we