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HomeMy WebLinkAbout90-22 Fresh Catch Seafood IncPermit.Class Per90-22 er NEW _ 90-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Fresh Catch Seafood Inc PO Box 52 Wanchese NC 27981 Authorizing development in Dare County at adi to Mill Creek at 4331 Mill Landing Rd. in VJanchese , as requested in the permittee's application dtd 3/25/22 (MP 1 2 3) and 3/15/22 (MP-4) incl att workplan drawings (2) C201 dtd "Rev 3/14/22" and Fish House Office Detail dtd `rev 4/12/22". `. This permit, issued on August 31, 2022 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation oft.hese terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) The section of enclosed dock originally proposed for this project is hereby deleted. Any and all reference to the originally proposed enclosed dock in the attached permit application and workplan drawings is hereby considered null and void. Shoreline Stabilization - Bulkhead 2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered 7 A;- Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. August 31, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Fresh Catch Seafood Inc. ADDITIONAL CONDITIONS Permit No. 90-22 Page 2 of 4 4) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) This permit does not authorize any excavation waterward of the approved alignment. 9) The fill material shall be clean and free of any pollutants except in trace quantities. 10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 11) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 12) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Non -Conforming Fish House Reconfiguration 13) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the replacement of the existing fish house over existing impervious, second story addition, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. 14) The non -conforming commercial fish house within the 30-foot buffer shall not change in use, and continue to be utilized as a commercial fish house. 15) This permit authorizes only the replacement of the existing non -conforming structure within the previously existing footprint. No portion of the replaced non -conforming structure shall be located outside of the previously existing structure footprint. 16) No development or land disturbing activity that is considered non -water dependent shall occur within 30 feet of the normal water level unless altered herein. Any development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, may require additional authorization from the Division of Coastal Management prior to work commencing. _ j.-. Fresh Catch Seafood Inc. ADDITIONAL CONDITIONS Docking Facility Permit No. 90-22 Page 3 of 4 17) This permit authorizes only the docks, concrete and wooden piers, finger piers, tie pilings and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 18) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 19) The pemuttee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 20) This permit authorizes a maximum of three (3) formalized boat slips. 21) The docking facility shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier. 22) Should either adjacent lot be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 23) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 24) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Easement 25) An Easement from the Department of Administration's State Property Office will be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to obtain such an easement Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Fresh Catch Seafood Inc. Permit No. 90-22 Page 4 of 4 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 26) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 27) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 28) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 29) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 30) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 31) The pemuttee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-01002). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 004986 and assigned the project DWR Project No. 2022-0593. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: Permit Permit #: �0 Zz Agents: 1 e4IC4 DCM Field Offices #Elizabeth t�Upt*- Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: MAILING DISTRIBUTION SHEET Washington Wilmington 76;) K J`—Z-- z -X�( (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Hams Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Chris Pullinger — 401 TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler (NCDOT) Travis Wilson From: Bodnar. Greaa To: John Delucia Cc: Renaldi. Ronald: Carver, Yvonne Subject: Fresh Catch Date: Thursday, September 1, 2022 9:44:00 AM Morning John, Per our discussion I talked to Ron and the permit voids the enclosure and not the roof. The roof is consistent with rule and is permitted, the enclosure was conditioned out of the permit. Sorry for the ambiguity, please accept this email as clarification to the permit language. Hope this helps, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.BodnarOncdenr.gov, Find a Field Rep_(arcgis.com� Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. „ 4 .d , p4 d ,4 a 4 d EXISTING FUEL TANK G d TO BE REPLACED p , 4 p 1. NEW NFPA APPROVED p ,' 1 12,000 GALLON UL-2085. d DUEL COMPARTMENT PUBUC d MARINE CRAFT FUELING TANK 4 ,1 (12' DIA X 14.25' LENGTH) 1 ° .1 T d: 1 p d 4 . 4 Q 4 / 0 10 i d Ii i d d d d NEW FUSEL TANG LOCATION SCALE: 1" - 10' L FRESH CATCH SEAFOOD SCALE: 1' - 10' NOVEMBER 29. 2021 REV. DECEMBER 15. 2021 EXISTING SHED RECEIVED APR 21 2022 DCM-MHD CITY G E l lbemarle. noMMno- mnlna 115 West Saint Clair St Pharw(252)441-2113 PO Boa 3989 Fax (252) 441 -0965 KAI Devil Hills. NC 27948 www.AlbemmleAssodabf wm CMllcale of Lx ensure No. C-1027 see .s ROY COOPER Governor ELIZABETH S. BISER Seam" BRAXTON DAVIS DUector Albemarle and Associates LTD. John DeLucia Dear Mr. DeLucia, NORTH CAROLINA Environmental Quality June 27, 2022 Az/'44, (via email johnd@albemarleassociates.com) This letter is in reference to the application submitted for Fresh Catch Seafood, for a Coastal Area Management Act Major Permit to undertake development activities to rebuild and expand an existing fish house and docking facility, in Dare 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 September 10, 2022 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, should you have any question on the status of your application, do not hesitate to contact me by phone (252-515-5416) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Elizabeth City 010 D _EQ� Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Qualhy I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 25Z80&2808 *ft a From: Bodnar, Greaa To: John Delucia Cc: Carver. Yvonne; Godfrey. Ella M Subject: Fresh Catch Extension Date: Monday, June 27, 2022 8:09:00 AM Attachments: Fresh Catch Seafood EXT.odf Morning John, Please see above for the extension. Currently I am waiting on DWR and USACE. DWR is currently short staff with no one in the 401 section right now, but are working to get projects out. Once those two are in I should be able to make a final decision shortly thereafter. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnart@ncdenr.gov W Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, June 28, 2022 2:20 PM To: Bodnar, Gregg Cc: Perry, John M Subject: [External] RE: New CAMA Major Permit Application - NC State Ports Authority CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi guys, Doing this as a NWP3. Action ID is SAW-2017-01680. Will be coordinating w/ Navigation, NMFS, FWS, and USGC. Similar to the 291 process, but not a 291. Let me know if you have any questions. Liz From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Wednesday, June 22, 2022 2:52 PM To: Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov>; Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil>; Padrick, Lee <Ipadrick@commerce.nc.gov>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Perry, John M <John.Perry@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Jeannie Drake <jeannie.drake@moreheadcitync.org> Subject: [Non-DoD Source] New CAMA Major Permit Application - NC State Ports Authority Hello All! Please accept this correspondence as the official distribution of CAMA application from NC State Ports Authority, Carteret County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO GREGG BODNAR at ¢reae.bodnarAncdenr.eov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Gregg Bodnar at g-regg.bodnarCancdenr.gov or (252) 808-2808 ext. 215. Thank you! DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Fresh Catch Seafood, Inc. do Matt Huth COUNTY: Dare PROJECT NAME: Fish House and Site Improvements LOCATION OF PROJECT: 4331 Mill Landing Road, NC 345 in Wanchese DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-13-22 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes RECEIVED APR 212022 DCM-MHD CITY FIELD REPRESENTATIVE: Yvonne Carver TRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date y�ar�auii B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) N 111(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 4-24-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 6-27-22 EMAIL OUT DATE: 4-21-22 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 5-14-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 5-12-22 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM — Field Rep 20 p.Gr r DCM — LUP Consistency Determination �_tIc{ yL Local Permit Officer r{ ut 'LZ Corps of Engineers- Regulatory Branch 3l(m ZoZ Z _01 CoZ, DWR - 401 Section 71( DWR-Public Water Supply DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office lf3�Lt Y Wildlife Resources Commission 5�11 LL DMF - Shellfish Section S (7 (El ZZ yc DMF - Habitat & Enhancement S I I 7, 2 DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce Lt y L rZ ROY COOPER Governor ELIZABETH S. BISER Secretary BPAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Greg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager a - Northeastern District, Division of Coastal Management FROM: Yvonne Carver, Field Representative 6-- DATE: May 19, 2022 SUBJECT: Fresh Catch Seafood, Inc., Recommendations RECEIVE® MAY 2 0 2022 FOP SECTION MHC The applicant is proposing the reconstruction of an existing fish house with associated bulkheading and backfill, enclosure of an existing concrete dock, replacement of docks, and the installation of pilings and finger piers to create 3 boat slips. The project area is located at 4331 Mill Landing Road, off NC 345, in Wanchese, Dare County, which is adjacent a man-made basin and Mill Landing Creek (Mill Creek), which connects to the Roanoke Sound. The development proposed will involve the Estuarine Waters (EW), Public Trust Area (PTA), and Coastal Shoreline (CS) AECs. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project, and my findings are as follows: 15A NCAC 07H .0206 ESTUARINE WATERS (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. 15A NCAC 07H .0208 PUBLIC TRUST AREAS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. �t,� North Carolina Department of Environmental Quality 1 Division of Coastal Management 1N'.�A yt E J Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 w�u,owmmuw.m, 252.2643901 Fresh Catch Seafood, Inc., Recommendations May 19, 2022 Page 2 Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; (b) Specific Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; (G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); (ii) not extending into the channel portion of the water body; and (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the'point the upland property line meets the water's edge. The minimum setback provided in the rul by the written agreement of the adjacent riparian owner(s) or when tw adg` 1V riparian owners are co applicants. MAY 2 0 2022 P SECTION i+ HD Fresh Catch Seafood, Inc., Recommendations May 19, 2022 Page 3 Consistent: The project as proposed for the replacement of 315 linear feet of docks, as well as the installation of 9 tie pilings and 2 finger piers to create 3 boat slips, appears to be consistent with the intent of these rules. A signed waiver was obtained from riparian property owner Willie Etheridge. Inconsistent: The applicant proposes to construct a roofed (±968 sf) structure over an existing concrete dock adjacent the existing fish house cooler/building to provide a fish processing area during renovations to the existing fish house, and keep this addition after reconstruction to provide additional processing space for the facility. This proposal would be inconsistent with our current Use Standards. (7) Bulkheads (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. 11) Filling of Canals, Basins and Ditches - Notwithstanding the general use standards for estuarine systems as set out in Paragraph (a) of this Rule, filling canals, basins and ditches shall be allowed if all of the following conditions are met: (A) the area to be filled was not created by excavating lands which were below the normal high water or normal water level; (B) if the area was created from wetlands, the elevation of the proposed filling does not exceed the elevation of said wetlands so that wetland function will be restored; (C) the filling will not adversely impact any designated primary nursery area, shellfish bed, submerged aquatic vegetation as defined by the MFC, coastal wetlands, public trust right or public trust usage; and (D) the filling will not adver1�-e*7 value and enjoyment of property of any riparian owner. € -'i �f8es#tfiV 6 °' M AY 2 0 2022 pr? STECTION MHO Fresh Catch Seafood, Inc., Recommendations May 19, 2022 Page 4 The proposal to bulkhead and fill the shoreline around the applicant's shoreline, as well as the fill requested underneath the existing fish house, meets the intent of the rules under 15A NCAC 07H .0208 (7) Bulkheads and (11) Filling of Canals, Basins and Ditches. 15A NCAC 07H .0209 COASTAL SHORELINES (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. Development shall comply with the following standards: (1) All development projects, proposals, and designs shall preserve natural barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation shall be permitted if impervious areas are not increased and the applicant designs the project to comply with the rule to the maximum extent feasible. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. (B) No develop- ment project proposal or design shall propose an angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other erosion -control devices or structures. (C) All development projects, proposals, and designs that involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; unless the project involves clearing land for the purpose of forming a reservoir later to be inundated. (4) Develop- ment shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. (5) Development shall not interfere st��, public rights of access to, or use of, navigable waters or public resources. M AY 2 0 2022 M,,'P SECTION PA Fresh Catch Seafood, Inc., Recommendations May 19, 2022 Page 5 (6) No public facility shall be permitted if such a facility is likely to require public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Natural and Cultural Resources. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the use of the accessways. Potentially inconsistent: The applicant is proposing the replacement of a 1,660 sf fish house in the existing footprint. The area of redevelopment of impervious surface (concrete floor of existing fish house) is ±550 sf. The remaining redevelopment of the existing fish house, currently sited over water, will involve fill up to the new bulkhead proposed. Based on my review of the applicable subsections of the NC Administrative Code, the permit application, and plans submitted on behalf of Fresh. Catch, Inc., it is recommended that the request be denied as proposed due to the enclosure of an existing, unenclosed dock over water. If the proposed dock enclosure is removed from the proposal, then staff would recommend a Major Permit be issued to the applicant subject to the standard permit conditions of the CAMA. RECEIVE® M AY 2 0 2022 NP SECTION MHD " 42Te 2�4/22/2022 *. State Historic Preservation Office ---Governor--' _ '- -EL'IZABETH S.-BISER- -Secretary BRAXTON DAVIS Director -- - - --- ', pril21,-2022 MEMORANDUM. NORTH CAROLINA Environmental Quality ER 22-1229 Due: 5/2/2022 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) ere gg.bo dnaraDncdenr. gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345, Wanchese in Dare County Proposed Project: Rebuild fish house and docks, adding finger piers, tle piles and construct a bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form 4o Greaa Bodnarat the address above by May 12, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when' appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINT NAME Renee Gledhill -Earley AGENCY State Historic Preservation Office SIGNATURE _ Q�W-ALX-" DATE May 2, 2022 MAY 2 2022 4�P SECTTOr4 MHI) � ement �_� �` / Elizabeth City Office 1 4015ou h Griffin Street�Z North Carolina Department of Environmental . Suite 5u1e 3uality 1001 Division lizabeth City, Nortastal h Carolina 27909 2522643901 ROY COOPER , cmmrnor — - —ELIZABETH S. BISER' -Secretory BRAXTON DAVIS D&Wor -April21,2022 MEMORANDUM: NORTH CAROLINA EnyhvrimentalQuallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grngg.hudnarCtuncdencNov SUBJECT: CAMA/Dredge & Fill Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345, Wanchese in Dare County Proposed Project: Rebuild fish house and docks, adding finger piers, tie piles and construct a bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grer7g Bodnar at the address above by May 12, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINT NAME Lee Padrick AGENCY NC Comme�rce�/ @��33 SIC �V ® SIGNATURE -5 �Q ,flAPR 2 1 2022 DATE 4-21-22 North Carolina Department of Environmental Quality I Division of Coastal Management Elhabethaty Ofnce 1 401 South OdfflnStreet,Suita 3001.EII:abethaty,t4wth Carolbta27909 252.2643901 ROY COOPER ISEWDlKdor - Apiffli, 202 MEMORANDUM: Gregg Bodnar, Assistant Major Parm its Coordinator NCDEQ - Divislon of CoastalWartagement - 400 Commerce Ave., Morehead City, NG28557 Fax: MLW45�16 (Courlor0+1W.3) rd -: in regg.tignii anng , SUBJECT: CAMAIDrodge & Fill Review ApplIcant; Fresh. Catch, Seafood, Inc.. PoojectLocation; 4931. Mill Lending Road; NC 345i Wanchesoln- Dare County Proposed Project: Rebuild fish house and:dock% adding fingerplers,tie 011es and*construct.a bulkhead. Please-indicato below your agency's position or viewpoint on the proposed project and mft_n:fb1s Wm to Grea-a Bo at the address abov I aby have, any quiestiono, , .,,.h1ey12,.202Zlfypui rega I the proposed project: contact Yvonne Carver.(252-264-39,0.1, ext. 237) when'qpproprlafe, In" 0 qg a depth comments wIth.supportIng data. is requested. REPLY" This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has.no comment on the proposed proj so t. This agency. approves of the project only: if the recommended changes are Incorporated. See attached. This agency objects10 the project for reasons described In the: attached comments. PRINT NAME CI.V 14wrld AGENCY patl/'c Wp� Sec'G4 SIGMA. TURE DATE & APR 2 5* 2022 MR SECTION WD Q0 h caM11=2909 Q �Ei . ROY COOPER - Governor - - —ELIZABETH "ISER- -Secretary BRAXTON DAVIS Director ------ -----Apri121,-2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grege.bo d nar(@ncdenr. gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345, Wanchese In Dare County Proposed Project: Rebuild fish house and docks, adding finger piers, tie piles and construct a bulkhead. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to GreuDr Bodnar at the address above by May 12, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached"* _ 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. PRINT NAME f IoA" (4 G (LL 4 r1 AGENCY DAreT- Gavl✓T6e SIGNATURE—������ DATE / H�7i�o�Zcoo 2Z APR 2 6 2022 PAP SECTION M140 ....-e.-........=.y.........-..-.�...- �.,. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City office 1 401 South Griffin Street, Suite 300 1 Elizabeth city, North Carolina 27909 _�°^^^•fle�'� 252.2643901 ROY COOPER Governor -ELIZABETH S. BISER Secretary BRAXTON DAVIS Dlrector April 21, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gmea bodnarOncdenr.eov SUBJECT: CAMA/Dredge & Fail Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345, Wanchese In Dare County Proposed Project: Rebuild fish house and docks, adding finger piers, tie plies and construct a bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May 12, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3601, ext 237) when appropriate, in- depth oomments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME tl aAtaa 4..xJlJLOt� AGENCY aCk¢. I t - A i RECEIVED SIGNATURE f b0wl APR 2 B 2022 DATE 00P3 PAP SECTION MHU) D_EQu North Carolina Department of Environmental Quality I Division of Coastal Management -=M—•- Elizabeth City Office 1 401 South Gr',Mn Street, Suite 3001 Elizabeth City, North Carolina 27909 ..... _ ..__.., _.. _.._..._ aw2522643901 Roy Cooper, Governor North Carolina Department of Administration State Property Office May 11, 2022 TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 arega.bodnaraamcdenngov FROM: Wanda Hilliard I W&AU4— i �d Real Property Agent Department of Administration SUBJECT CAMA Major Permit Application Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345, Wanchese in Dare County Pamela B. Cashwell Secretory Tim Walton Director Proposed Project Rebuild fish house and docks, adding finger piers, tie piles and construct a bulkhead The project may require Easements for multiple utilities crossing the creeks, marsh & State- owned land provided the applicant qualifies for an easement. Thank you. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mall Service Ctr. I Raleigh, NC 27699 9842360270 T1 Web:httpz//wwwmcspo.com ROY COOPER Governor `ELIZABETH S. BISER .Secretary BRAXTON DAVIS Director April 21, 2022 MEMORANDUM:. FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmenta►Qua►ity Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 2�2-247-3330 (Courier 04-1 B-33)' ereeebodnarOncdenceav CAMA/Dredge & Fill Review Fresh Catch Seafood, Inc. 4331 Mill Landing Road, NC 345, Wanchese in Dare County Rebuild fish house and docks, adding finger piers, tie piles and construct a bulkhead. Please indicate_ below your agency's position or viewpoint on the proposed project and return this form to Grebe Bodnar at the address above by May 12, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-390.1, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" XThis 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. PRINT NAME U-r L dLr'd AGENCY RECEIVED SIGNATURE S® @i DATE `lkar t• X6AA MAY 1 3 2022 ttPBP SECTION MHD North Carolina Department ofEmironmental Quality I Division of Coastal Management '•Eluabeth OlyOrnce 14GI South Griffin Street, Suite 3DD I EUrabeth ClMNorth Cardina279W �� 25ZZ643901 koy'COOPER ditv*& ._46JZA9MMBl5M'- BRA)60N.I)AVIS Diff Oar - April 21,,2622 .MEMORANDUM. PRO Qrqgg )3odnjr. 4sislant Marior Permits Coordinator ;N ' CDEQ -041f C sion ooastal Management 400 Commerce Ave:, Morehead City; NC!M667, Fax, 252-24MWO (CoudeiO446-33) LIM SUBjE&: CAMAIDiedgeAF111 Review -Applb;aOt. FrdsKCatrb Seafood, Inc. Frohct LtecOpir. 4151: Wil Landing Road, NC 345�j Wqnchesej,n, Dare C . qupty ProOote4'Pkvj6c(, Rebuild fisli h6uskand d0bks,'addihq finger OkpiO, bulkhead. oposed,pro` jrtand e 2022. If You have any OeWont ext 237),when approo-ri9te,'Ifi- REPLY. This agency has no -objection -to the project as-prqpose& *Additional oommepts,mayy beattached.. Thte agency. has no.00Mm ent on the°prpppsO&prqjOct. This. agencyapprpves-of thaproject only1f the fecommen reasons describedin the attached Uadbe1hr1tyOfMcd'jA01 South CrMn StreetSultc 300-1 OizabethCity, Nwj hCarotErW27,90(3 ROY COOPER'. --`EUZABE7'Ii SBISER secretary 'BmnoN DAMS Director = Apnl2t;2Q22 :MEMORANDUM: FROM: Gregg_Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 40o Commerce Ave., Morehead City, NC28557 Fax: 252-247-3330 (Courier 04-f6-33) greee bod'narriuncde6Lk6y. SWEPT! CAMAIDredge,8sF11jReview Applicant: Fmsh.Catch :Seafood, Inc. Project Location: 4331 Mill Landing Road, NC'345, Wanchese In Dare ,County ProposeclTroject: Rebulld,fish house and docks,,addlgg finger piers;•tie pilesiand constructa bulkhead: Please indicate below your agency's position_ or viewpoint on the proposed projectand. return -this form to Gtoaa Sodnarat the_:address above by May12, 2622, Ifyop have,any questions regarding the proposed project, contact Yvonne Qatver.(252-264-3901, ext.,237).wh'err'appropriate, in- depth comments with; supporting data is requested. REPLY: Thisjagency has no:;objectIion;to the project as proposed. "Additional comments may be'atfached" X This agency hasmo comment,amthe proposed project This agencyapproves of the project onlyif the recommended changes. are Incorporated.'See_attached. This agency objects to the project for reasons described in tNi ,attached comments. PRINT'NAME, James Harrison AGENCY NCDMF SIGNATURE �_%amak Har-ryloyy DATE 10 May 2022 �Q S� S ill �?�ti .._..>�..,. _ �•���' ,....4.... •R.,•^^ _. _^„� .North Carolina Depar 'EllzabdhQty OFnrx •2512643901 ROY COOREB Coxmor - - 'ELIZABEITI S. NSER .Sema"y. BRA)(TON;DAVIS elrettur April21', 2022 MEMORANDUM: FROM: Gregg;Bodnar; Assistant.Major Permits Coordinator NCDEO - Division of Coastal Management 400-Commerce-Ave., Morehead City,, NC` Fax: 2521247-3330 (Courler.04.16-33) grraggbodnaeOnctlem gov sUWECT: CAMA/Dredge & Fill Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345; Wanchese In Dare County Proposed Project: Rebuild rfish ,house and.docks, adding finger plers, tie plies and construct a bulkhead. Please indicate below your agency's position or viewpoint on the proposed project -and return this Corm -to Greov Bodnaratthe address above by )Way.12, 2022. If you have any que4tions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237)when appropriate, in- depth""comments with supporting. data is requested. REPLY: This agency has no objectionto1he project as proposed, "Additional comments may be attached" _ 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; - PRINTNAME -_vV'MZ- AGENCY_t i'L.I,ry��C SIGNATURL� DATE r` P S�u�zz North CaraVna Department of Enylronmental Quality I DMslon of Coastal Management _ --.-._,. ".DEQ•. Elizabeth Clty Office 1401South Oran Street Suhe 300 h,Elizabeth Chy, North Carolim 790,9' 252.2643401. -._ ROY COOPER ---Governor-- --- - ELIZABETH S. BISER- -secretary BRAXTON DAVIS Director — - ----April 21,-2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) greee.bodnar(a ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345, Wanchese in Dare County Proposed Project: Rebuild fish house and docks, adding finger piers, tie piles and construct a bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 12, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE c�.af�t a�a+sc�o t GauL for Shannon Jenkins EECEIVE® DATE 5/16/2022 MAY 1 7 2022 -------_ P,'mP SEECTM WID ..�.._�.....__�z.._.-. .'D-��..,�-tt North Carolina Department of Environmental Quality I Division of Coastal Management `Jl Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2522643901 ROY, COOPER TUZABIMIS11st it- wsacreu* , .. 0401ON-DAMS DbVadr MEMORANDUM: FROM: Gregg Bodnar, -Astistaflnt Wor Perinits Coordinator NC.D.EQ - Division of Coastai Management 40.0 Commerce Ave., Morehead City, lRd:*67 Fax.; 12W-241-3836 (Courial"04-16-33) gr�gg'k- 15��,A SUBJECT: CAVAIDredga 9. Fill Review Applicant Fresh CatchSeafood, Inc. Project Location.. Proposed Project: depth comments 43$V.M1II Landir!gAdad N . C; Mi Waridisse in Dare County, Rebuild fish house and docks; adding finger pieta, tie -pilwand'-cons,truct.a- bulkhead. Position or Viewpoint on the posed project and. W; If you hAveiany questions eppropiiafe, In - REPLY: This:agenqy has no objection to the projectps, proposed. "Additional comments may b6atja_;h0d** This agency has no comment on the. proposed project, ect This -agency approves of the, project only if the recommended changes are incorporated'. See attached. This. agency objects to the project for reawns4ascrlbed In theattached comments. M111911 24 DATE 5*-2-'4 —APZ_�_ RECEIVED MAY 2 4 2022 PAP SECTION 6MHD NOrtlICOMUMDepartmew Of E0*onrental .Qa1tV I%D1vls1Oh.qf Coastal ManagewtO EittalmduatyOfflov p 40tSotjtbCrVflrrStreet.Su1te300 I Elliabeth.0tyNorthCawlina27909 2UZ643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality ED MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator MAY 2 4 2022 Division of Coastal Management FROM: Charlan, Owen ICP, NE District Planner MIP SECTION n D Division of Coa tal Management SUBJECT: Major Permit Request by Fresh Catch Seafood, Inc. to install 379 linear feet of bulkhead (including the 99 linear feet previously permitted), install two (2) 4 foot wide by 22 foot long finger piers and nine (9) tie pilings, replace 315 linear feet of docks, install 968 sq. ft. of roof over an existing dock, and construct a two-story fish house with a 1,600 sq. ft. footprint along a man-made basin adjacent to Mill Creek; at 4331 Mill Landing Road, in the village of Wanchese, Dare County. DATE: May 23, 2022 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The .5 acre subject property has approximately 510 linear feet of shoreline along a man-made basin that is adjacent to Mill Creek, which connects to the Roanoke Sound. Water depths along the shoreline range from -6 feet to -11.5 feet below Normal Water Level (NWL) and are -11 feet to -12 feet below NWL approximately 38 feet watefward of the shoreline. The property elevation is approximately 4 feet above NWL. The upland is vegetated with grass and a few pine trees. The site is primarily in the AE(4) Floodzone, with a small portion of land area outside the floodplain to the southeast. A seafood processing facility is located on the property. Existing site improvements consist of a metal building cooler/icehouse, two (2) sheds, a white fuel tank, a red fuel tank, a concrete platform and a gravel driveway and parking area. The gravel driveway provides access through a property under separate ownership to Mill Landing Road. Existing shoreline improvements consist of rock, broken concrete, and poured concrete along the shoreline, a concrete dock/platform, wooden docks varying from 8 foot wide to 17 foot wide and totaling approximately 277 feet in length, two (2) wooden platforms, and a wooden single -story fish house/office totaling 1,600 sq. ft. The fish house was constructed prior to April 1964 and is partially located on a concrete slab with the remainder being a wooden slatted floor over water. The existing finished floor elevation is 4 feet. Permit history includes a 1985 Major Permit (#215-85) for an 8 foot wide North Carolina Department of Environmental Quality I Division of Coastal Management D E JJ(� Ellubeth City Office 1 401 South Griffin Street, Suite 300 1 Eliubeth City, North Carolina 27909 ov v awoi.n m�wuoee,� /`� 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management L MEMORANDUM' Page 2 of 6 dock, a 2021 Minor Permit (#2021-46) for replacement of a fuel tank and a General Permit (GP 86455) for 99 linear feet of bulkhead. The bulkhead has not been installed. Installation of 379 linear feet of bulkhead (including the 99 linear feet previously permitted), installation of two (2) 4 foot wide by 22 foot long finger piers and nine (9) tie pilings, replacement of 315 linear feet of docks, installation of 968 sq. ft. of roof over an existing dock, and construction of a two-story fish house with a 1,600 sq. ft. footprint are proposed. The bulkhead will be installed an average of 2 feet waterward of NWL along the shoreline. Fill will be installed under the existing fish house, with bulkhead extending a distance of 18 feet waterward from where it currently exists under the fish house. The finger piers and tie pilings will create three (3) boat slips. Docks will be constructed of wood or concrete within the existing footprints. The two-story fish house will be located within the footprint of the existing one-story structure, but will be elevated to a finished floor elevation of 13 feet. The peak roof elevation of the structure will be 25 feet 9.25 inches. Mill Creek is classified as SC waters and Coastal Waters and is closed to shellfishing. A review of historic and/or archeological resources was not provided. A review of Submerged Aquatic Vegetation (SAV) was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of 2,336 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the disturbance of 550 sq. ft. of Estuarine Shoreline AEC, and; the shading of 511 sq. ft. of Public Trust Area/Estuarine Shoreline AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Conservation" and "Community Village". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs) and all federal lands except for the bombing ranges on the Mainland and some state-owned lands in Frisco and Buxton. As indicated on Page 217, for the "Community Village" subclassification, ..."(w)ater related land uses and facilities such as boat building, fishing, fish processing and crabbing are characteristic of this sub -class...". As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab -shedders." RZECOV D M AY 2 4 2022 �FQ North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Offlce 1 401 South Grifnn Street, Suite 300 1 Elizabeth City, North Carolina 27909 "aamam . 252.2643901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 6 The following LUP policies may be applicable to this request: Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Coastal Heritage Policy LUC#1, Page 149. "Dare County recognizes the importance of our coastal village heritage and will continue to work toward the preservation of that heritage with appropriate land use guidelines and regulations." Policy LUC #2, Page 149. "Public sector and private sector development activities should recognize Dare County's coastal heritage and incorporate traits reflective of our heritage in building design and other site features and improvements." Commercial Development Policy LUC #6, Page 152. "Commercial development should be designed to meet the needs of Dare County's unincorporated villages and not to serve as regional commercial centered..." Policy LUC V, Page 155. "Commercial businesses, regardless of size, should individualize their sites and building designs to reflect Dare County's coastal heritage..." RECEIVED 5t e !a MAY 2 4 2022 efW North Carolina Department of Environmental Quality I Division of�N, Rl DG; I0N yytle 0 m rum rzu EQ�� Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management L MEMORANDUM^ Page 4 of 6 Industrial Development Policy LUC #9, Page 156. "... Boat building, commercial fishing, and construction are recognized as traditional occupations and employment sectors in Dare County that are consistent with our coastal heritage." Archaeological/Historic Resources Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. "1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County... 2. Rely on the regulations of the Dare County Zoning Ordinance for development activities along estuarine shoreline areas." p a, EIIffED MAY 2 4 2022 North Carolina Department of Environmental Quality Division of ( ytirM g ln�t� � � tl'0 NOND D mranm ®EQ�� Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina27909 �.nmm.,mmwouc� 2322643901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 6 Policy NH#3, Page 180 and Policy WQ10, Page 192. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Policy NH #6, Page 182. "Dare County shall use construction standards, such as elevation of buildings and the wind zone requirements for mobile homes and zoning regulations, such as the setbacks from water bodies and erosion -prone areas to mitigate the effects of high winds, storm surge, flooding, wave action, and erosion." Water Quality: Policy WQ#2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs wit VED adjustments made to address local needs, conditions, and community '� g s support." M AY 2 4 2022 ®WQ„. North Carolina Department of Environmental Quality l Division of c;qp��, QY± M0N ytpp'n111D re-`v7Jt/t Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 aw�"umuai mm..mmu� /'� 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management L - MEMORANDUM ' Page 6 of 6 Policy WQ#5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low -impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend. Dare County supports measures to protect and preserve designated primary nursery areas by the Division of Marine Fisheries..." RECEIVED MAY 2 4 2022 6's'P SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 D � ��� 2M6,43901 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality July 1, 2022 DWR # 2022-0593 v1 Dare County Fresh Catch Seafood, Inc. Attn: Matt Huth Post Office Box 52 Wanchese, North Carolina 27981 Subject: Approval of Individual 401 Water Quality Certification Fresh Catch Seafood Fish House and Site Improvements Dear Mr. Huth: Attached hereto is a copy of Certification No. WQ0004986 issued to Fresh Catch Seafood, Inc., dated July 1, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)). This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. D_ra Q Nonh Carolina Depanmenl of Fnvironmenlal 9uaii,, I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 9197079000 Fresh Catch Seafood DWR# 2022-0593 Individual Certification #WQCOO4986 Page 2 of 10 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.51. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). Z. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 e D Q 919.707.9000 Fresh Catch Seafood D W R# 2022-0593 Individual Certification #WQC004986 Page 3 of 10 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H. .0500. Please contact Robert Tankard at 252-948-3921 or Robert.tankard@ncdenr.gov if you have any questions or concerns. Sincerely, Plow TOLO." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Albemarle and Associates, LTD Oohnd@albemarleassociates.com) Josh Pelletier Gregg Bodnar laserfiche North Carolina Department of Environmental Quality I Division of Water Resources ®� ��� 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Fresh Catch Seafood DWR# 2022-0593 Individual Certification #WQC004986 Page 4 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004986 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Fresh Catch Seafood, LLC., who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on April 21, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 0 (linear feet) 0 (linear feet) 404/401 Wetlands W i - 0 (acres) 0 (acres) Open Waters 0 1(Fill) 0.05 (acres) 0 (acres) 02 (Shading) 0.01(acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02b .0220 Tidal Salt Water Quality for Class SC Waters; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02b .0220] caw ®nn W%Z North Carolina Department of Environmental Quality I Division of Watcr Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Fresh Catch Seafood - DWR# 2022-0593 Individual Certification #WQC004986 Page 5 of 10 2. The permittee shall report to the DWR Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506,-15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. ' 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0505(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Citation: 15AWCAC 02H .0506(b); 15A NCAC 02H.0507(c), 15A NCACO2B .0200,• 15A NCAC 02B .0231 1.10 ®� WV&Z North Carolina Department of Environmental Quality I Division of Water Resources of —512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 1a 71 na�"s^ I a.;ry 919.707.9000 awammrauwnmrnu Fresh Catch Seafood DWR# 2022-0593 Individual Certification #WQC004986 Page 6 of 10 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shallnot.render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources ®� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919,707.9000 we.�,a a'nmmonwamu� /`� Fresh Catch Seafood DWR# 2022-0593 Individual Certification #WQCOO4986 Page 7 of 10 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC O2H .O506(b),,15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 8. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .O506(b); 15A NCACO2H.05O7(c), 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, -for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shailnot be present in amounts that may cause adverse impacts on existing wetland uses. 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. ®NR A North Carolina Depanment of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 4ogrm`°-�" a°.ar 919.707.9000 �anrmw�m Fresh Catch Seafood DWR# 2022-0593 Individual Certification #WQC004986 Page 8 of 10 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 10. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odorshall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. ®E ��� North Carolina Depamnent of Environmental Quality Division of Water Resources 6l2 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 rc+Amcaa+in. 919.707.9000 o•e.��mrw �.mimwrv� Fresh Catch Seafood, DWR# 2022-0593 Individual Certification #WQC004986 Page 9 of 10. 12. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200;15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken. to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 14. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N. C. G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department; or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological ®� �'N North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ""oH°Rat A ury 919.707.9000 oe>.rv�ummunimmmenmaue Bodnar, Gre From: Howell, Jonathan Sent: Wednesday, August 31, 2022 3:04 PM To: Bodnar, Gregg Subject: FW: [External] Action Ids Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252-515-5404 - office Jonathan. Howellna.ncdenr. qov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.PeIletier@usace.army.mil> Sent: Wednesday, August 31, 2022 1:55 PM To: Howell, Jonathan <jonathan.howell@ncdenr.gov> Subject: [External) Action Ids CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Jonathan, Below are the Action IDs for the projects we spoke about this morning. I hope to have my paper work out in the next few days. Please let me know if you have any questions! Fresh Catch, Wanchese SAW-2022-01002 Lower Skyco SAW-2020-01453 (this one will include a mitigation requirement on our end) Josh Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: ]osh.r.pelletier@usace.army.mil Regulatory Division SAW-2022-01002 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 Dear Mr. Howell: �-t C G jG1f G 410 -ZZ RECLE`VE® S E P 7 2022 MP ,SECTION MHO Please reference the application of Mr. Matt Huth for Department of the Army authorization and a State Water Quality Certification to construct a 169 linear foot of bulkhead with 338 sgft of backfill, reconstruct existing fish house, enclose an existing concrete dock, replace 315 If of existing dock, and construct 3 new boat slips, in Mill Landing Creek, at 4311 Mill Landing Road, Wanchese, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this'permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. 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 NT J t psi n saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trc (tinier mat 6r considered significant. SEP l 2022 mp S FECTEON " "'0 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the Permittee must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/ne- es/mammal/manatee_guidelines.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, 9"lil Josh Pelletier Copies Furnished: Mr. Paul Wojeski North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency Regulatory Project Manager SEP 7 2022 NIP SECTION MME) 61 Forsyth Street, SW Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Field Office North Carolina Division of C( DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Fresh Catch Seafood, Inc. 2. LOCATION OF PROJECT SITE: 4331 Mill Landing Road, NC 345, Wanchese, Dare County, adjacent Mill Landing Creek (Mill Creek) and Roanoke Sound Latitude: 35050'36.83"N Longitude: 75037'23.39"W INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/03/2021 & 04/12/2022 Was Applicant Present — Yes & No 5. PROCESSING PROCEDURE: Application Received Complete - 04/13/2022 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Historic Mill Landing (HML) (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), Coastal Shoreline (CS) (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Septic tank and drain field Planned -None (F) Type of Structures: Existing — Fish house, ice house, fuel tanks, sheds, water pump, docks/pier Planned - Fish house & dock replacement, slips, finger piers, bulkhead (G) Estimated Annual Rate of Erosion: None Source — Applicant and on -site visual 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A N/A (B) EW / PTA N/A 2,336 sf — fish 335 sf shading house/bulkhead 176 sf shading (C) CS N/A 550 sf redevelopment (D) Total Area Disturbed: 3,397 (E) Primary Nursery Area: No (F) Water Classification: SC (0.08 acres) Open: Closed to shellfishing 8. PROJECT SUMMARY: The applicant proposes to enclose an existing dock, demolish the existing fish house and docks, construct a bulkhead, and then rebuild the fishECEIVED house and docks, adding finger piers and tie -piles. APR 21 2022 DCM-MHD CITY Field Investigation Report: Fresh Catch Seafood, Inc. Page 2 Proiect Setting The property is located at 4331 Mill Landing Road, off NC 345, in Wanchese, Dare County. The project is sited in and along a man-made basin that is adjacent Mill Landing Creek (Mill Creek), which connects to the major waterbody of Roanoke Sound. Fresh Catch Seafood is sited on a 22,186-square foot (so lot (0.50 acres) that is approximately 4 feet above normal water level (NWL). There is ±498 linear feet (If) of shoreline, with rock, broken concrete, and poured concrete along the shoreline that is adjacent the existing docks. Taking into consideration the existing concrete, no shoreline erosion was observed. The existing wooden, single -story fish house/office is partially positioned on a concrete slab, as well as a wooden, slatted floor over water. It is noted that the fish house predates April 1964. The existing metal building to the southwest of the fish house is used as a cooler / icehouse and is on a concrete slab over land. There is a concrete dock/platform with measurements of 64' long by 17' to 13-1/2' wide on the northwest side of the fish house/cooler, traversing to the southwest side with measurements of 56' long by 13,10" to 11' wide. There is also an 8' wide wooden dock on the southwest side extending from the concrete dock. A narrow f4'x40' walkway is located on the northwest side of the fish house that connects to a 315 If dock/platform on the northeast side of the fish house and property that varies in width from 14'8" to 7'6" to 5'10" to 7'8". Other man-made features on the property include a large, white fuel tank adjacent the fish house, 2 sheds, a water pump, and a red fuel tank adjacent the dock, as well as a couple of wooden platforms and one concrete platform connecting the docks to upland area(s). The upland area is vegetated with indigenous grass and pine trees, and there is a graveled driveway leading from NC 345 to the fish house. There are no jurisdictional wetlands within the project area. Both riparian properties are zoned commercial; the riparian property to the southwest is developed with docks, shed and fish shack, and the riparian property to the southeast is developed with docks, bulkheading and storage shed. Permit history for the project area includes Major Permit #215-85 issued 12/17/1985 to Carmitchael Daniels for an 8-foot wide pier, Minor Permit #2021-46 issued 12/17/2021 to Fresh Catch Seafood for the replacement of the fuel tank in the 30-foot buffer, and General Permit 86455 issued to Fresh Catch Seafood for 99 if of bulkhead waterward of the replacement fuel tank. It is noted for the record that the development approved through Minor 2021-46 and General Permit (GP) 86455 has not occurred to date. The consultant has relayed to the Division that the dock adjacent the proposed fuel tank replacement and bulkhead must be replaced first so that there will be continued access to the fish house. The water classification for the adjacent water body of Mill Landing Creek (Mill Creek) is SC: Aquatic Life, Secondary Contact Recreation, and is part of the Pasquotank River Basin. The adjacent waterbody is designated as Coastal Waters and is closed to shell fish taking. The depths adjacent the project area vary from -11.0 NWL and -12.0 NWL in the location of proposed slips, and -6.0 to -11.5 around the fish house/docks. RECEIVED APR 21 2022 DCM-MHD CITY Field Investigation Report: Fresh Catch Seafood, Inc. Page 3 Development Proposal The applicant proposes to make the following site improvements to the Fresh Catch Seafood facility: • Bulkhead / Fill ±169 If bulkhead (not including the 99 If of bulkheading authorized through GP86455) is proposed along the shoreline hardened by concrete and rock, and would be sited at a 2' average distance from NWL. The GP will expire (on 05/03/22) before a major permit decision is complete, and while the applicant did not include the 99 If section of bulkheading in this application, it is advised to include this section in a permit decision. Approximately 338 sf of sand fill will be associated with the construction of 169 If of bulkhead. t111 If of bulkhead is proposed around the perimeter of the fish house. The fish house is currently partially over land and partially over water, and the average distance from NWL under the building is 18'. (Diagonally, the maximum distance is -28' from the existing corner.) • The applicant is proposing to fill under the existing fish house prior to reconstruction. The fill associated with this proposal (fish house and bulkheading) would be approximately 1,998 sf. Reconstruction of fish house o The existing fish house is t1,600 sf. The proposal is to reconstruct the building to include a second -story office within the existing footprint. The existing FFE is t4.0'; the new fish house with office is proposed to be raised to FFE 13.0'. The peak of elevation of the roofed structure would be 25'-9-1/4". The area of redevelopment of impervious surface (concrete floor of existing fish house) is ±550 sf. Enclosure of an existing concrete dock o The applicant is proposing to construct a roofed structure over an existing concrete dock adjacent the existing fish house cooler/building to provide a fish processing area during renovations to the existing fish house. Their proposal notes that this area (t968 sf) would remain after reconstruction to provide additional processing space for the facility. • Replacement of Docks o 315 If of existing docks are proposed to be replaced within the existing footprints. • 166 If is proposed to be 8' wide and constructed with wooden planks. ■ 110 If is proposed to be 14.8' wide and constructed with concrete. • 39 If is proposed to be 10' wide and constructed with concrete. Create 3 boat slips RECEIVED o A total of 2 finger piers, 22'x4' each, are proposed to be constructed. 0 9 tie pilings are proposed in relation to the development of 3 boat slips. APR 212022 DCM-MHD CITY Field Investigation Report: Fresh Catch Seafood, Inc. Page 4 Anticipated Impacts CS AEC = 550 sf The replacement of the existing fish house over land would result in 550 sf of redevelopment of existing impervious coverage in this AEC. EW/PTA AECs = 2,847 sf • The construction of bulkheads and the backfill associated with the bulkheading and fish house will result in 2,336 sf of impact to shallow bottom habitat. • The dock replacements will result in 335 sf of shading of open water habitat. • The construction of 2 finger piers will result in 176 sf of shading of open water habitat. a The potential construction of an enclosed structure over an existing concrete dock Submitted by: Yvonne Carver Date: 04/19/2022 RECEIVED APR 212022 DCM-MHD CITY lbemarle & ASSOCIATES, LTD. Project Narrative Fresh Catch Seafood Inc Fish Handling Facility Improvements February 22, 2022 t;;. Fresh Catch Seafood Inc. is and existing seafood processing facility located at 4331 Mill Landing Rd, in Wanchese NC. The owners desire to make improvements to the entire facility. These improvements are needed and include the following elements. • Construction of a new bulkhead along the shoreline and replacement of the existing docks some of the existing docks along the east side of the building are proposed to be reconstructed with concrete decking as shown on the plan. A portion of the bulkhead has previously been permitted. • Reconstruction of the fish house to include bulkheading, filling and raising the office areas to be above the base flood elevation. • Replacement of the existing diesel fuel tank and fuel pumping facilities. (Recently Permitted) • Enclosing an existing concrete dock area to provide processing during renovations to the existing fish house. This area will remain after reconstruction of the existing fish house and will continue to provide processing space for the facility • The addition of three boat slips with finger piers and mooring piles These improvements are needed for continued operation of this seafood processing facility. All proposed improvements are illustrated on the attached plan. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 cettification request wi in the applicable reasonable period of time. Planning - Surveying - Engineering - Environmental - Construction Management RECEIVED P.O. Box 3989, 115 W. Saint Clair St., Kill Devil Hills, North Carolina 27948 North Carolina License No. C-1027 Phone: 252-441-2113 www.AftmarleAssociates.corn Fax: 252-441-0965 APR 21 2022 DCM-MHD CITY 4T,' �► � ..i�'f1�A1F. RECEIVED APR 2A 2922 DCM-MHD CITY 9CM MP-1 APPLICATION for . ,r Major Development Permit Y.'n Sa'�� �Jj ([eat revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Appllcanf/Landowner Information Business Name Pmlect Name (If applIcable) Fresh Catch Seafood, Inc Fish House and Site Improvements Applicant 1: First Name MI Lest Name Matt Huth Appltamrt 2: First Name MI Last Name Il addlllonal applloenfs, please allech an addlgonal pags(s) with same Ibted. Mdling Addmse PO Box city Stale PO Box 52 Wanchese NC ZIP Country Phone No. FAX No. 27981 Data 262 -473 -8996 sxL - Sheel Addmc (gdg/erent Isom above) city stale ZIP 4331 MITI Landing Rd Wanchese NC I 27981 Emil Fresh Catch Seafood INC <freshcatchobx@gmail.com> 2. AgenNContraclor/nformatlon Business Name Albemarle & Associates, LTD Agent/ Contractor 1: Final Name MI Last Name John M DeLucia, PE Agent/0onlmclor2: Flrsl Namo MI Last Name Melling Address Po Box Chy slate PO Box 3989 Kill Devil Hills NC LP 27948 Phone No.1 Phone No, 2 252.441 -2113 am. 252 202 2341 ext. FAX No. Contractor If 252 441-0965 Sbeat Address (d dgferen! from above) 81a1e ZIP ZIP 115 W. St. Clair Kill Devil Hi Is NC 27948 Email johnd@albemadeassoclates.com <Form continues on back> 202.0118-2600 r: 1-Bae-411COAST r: vuww. nw:oa atalrn snraaomentdrot RGCEIVIED - - - APR 21 20V DCM-MHD CITY Fort DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Ara there wallands on the site? []Yea ®No (It) Are there coastal wetlands an the site? OYes ®No (III) Il yes to either (I) or (II) above, has a dallneallon been conducted? OYes []No (Attach documenlallon, Ifavallable) n. Describe exlsling wastewater treatment fadlites. Facility has an exisitng septic tank and drainfield a. Describe existing drinking water supply source. Facility currently has a private well p. Describe existing slam water management or treatment systems. None I AcNvlfles and Impacts a. Will the project be for commercial, public, or private use? OGommemlel ❑PubildGovemment OprNatelcommunity b. Give brief description of purpose, use, and daily operations of the pmjod when complete. The purpose of this project Is to make Improvements to an existing seafood handling facility. The normal operallons include dockage far fishing boats, loading and unloading seafood products, the packinrgq aid shipping at seafood, Ash cleaning, cold storage and ice maklrg facllMles, normal day to day fish house operators, adminis ration offices, and seafood sales. c. Describe the proposed construction methodology, types or construction equipment to be used during construction, the number of each type of equipment and where It Is to be stored. Normal marine conslruclloln eclulpment to Include backhoes, excavators, pile driving rigs, and other construction related equipment necessary for bulkhead construction, filling, grading and concrete placement d. List all development actyllles you propose. Reconstruction of the existing docks, the addition of three slips with two fin or plors, bulkheads, replacement of the fish houes t include bukheading around perimeter of portions of the existing building, filing and placing new concrete floor, enclosing sn existing dock for use In fish handling doing and after fish house replacement, construction of elevated office areas within new fish house to comply with base flood compliance. e. Are the proposed activities malnlamnce of an existing project, nee work, or both? Both maintenance and improvements to an existing seafood handling facility f. Whet Is the approximate total disturbed lend arse resulting from the proposed proJeol? + / - 2000 ®3q,p or OAcces g. WIII the proposed project encroach on any public easement, public eccessway or other area []Yee ®No ONA that the pudic has established use of? It. Describe location and type of existing and proposed discharges to wetere of the state. Normal wash down of processing areas I. WIII wastewater or alormwater be discharged Into a "Used? OYm ®No ONA If yes, will this discharged water be of the some salinity as the recalving water? OYes []No ONA J. Is there any mitigation proposed? []Yes ONO DNA If yes, attach a mitigation proposal. <Form continues on baclo ?nR•BOa•]NUU r: 7.000.4aCOAST :: www.00.:aaeteImam art one nat.eol APR 21 2022 DCM-MHD CITY Form DON MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In scallion to Ibls competed appllcuflon form, (WI) the following Items below, Il appilceble, most be subm/lied In order for the application package to be complete. Items (a) - (n are always applicable to any majordovelopmont application. Please cunsuff the eppllcasbn Inuntcgon booklet on how to propstlyprapere the required Items below. a. A project narrative. - _ -- b. An accurate, dated work plat (Including plan view and croswsectlonal drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If prevloualy authorized work, dearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. o. A site or location map that Is sumden0y detalled to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with stele application only) or other Instrument under which the applicant delms fire to the affected properties. e. The appropriate application fee. Check or, money order made payable to DENR. C A list of the names and complete addresses of the adjacent waterfront (dpadan) landownem end signed return receipts as proof [hat such owners have resolved a copy of the appllcellon and plate by carllliod mall. Such landowners must be advised that They have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Beacham, Lana D & Mikey T Daniels Phone No. Address P O Box 338 Wanchese, NC Name Wlllle Etheridge Seafood Company, Inc Phone No. Address P O Box 77 Wenches% NC Name Phone No. Address g. A Ib[of previous state or federal permits Issued for work on the project tract. Include permit numbers, permltlee, and Issuing dates. NPOES GP NCG630W0 for discharge from seercod packing and rinsing MPm216irel s.d PIa11Mgg�o �ls GP86455A gar Bulkhead lssuedto Fresh Catch Saafwd Inc.01103112022 are G o re h. Signed consultant or agent authorization form, If applicable. I. Weiland dellneadon, If necessary. J. A signed AEC hazard notice for projects, In oceanfront and inlet areas. (Must be a imadbypropetly owns ll k. A statement of compliance with the N.C. Environmental Polley Act (N.C.O.S. 113A 1.10), If necessary. If the project Involves mpandlture of public Ponds mum of public lends, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on , umzenstano mat any permit issued in response to tole application will allow only the development described in the application. The project will be subject to the concillions and restrictions contained In the permit, 1 certify that I am authorized to grant, and do In fact grant permission to representatives of stale and federal review agendas to enter on the aforementioned lands In connectlon with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify t at the Information provided In this application a t I 1e4tle bes( of my ` kit dgBB Pint Name _ Signature Please Indicate application attachments pertaining to your pr osed project, ®DCM MP-2 Excavation and FIII Information ❑DCM MP-5 Badges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-500.21100 :. 1-000.411ICOAST r: www.aeceaatelm:rn agemontdret RECEIVED APR 21 2022 DCM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel ( NLW r Canal Boat Basin Boat Ram p Rock Groin Rock (excluding Breakwater shoreline NWL stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. C. (1) Does the area to be excavated include coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB _ ❑WL ❑None (11) Describe the purpose of the excavation in these areas: 2. DISPOSAL Of EXCAVATED MATERIAL a. Location ofdisposal area. c. (1) Do you dalm title to disposal area? ❑Yes ❑No ❑NA (11) If no, attach a letter granting permission from the owner material to be d. High -ground excavation in cubic yards. b. area. ®This section not applicable d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA (it) if yes, where? e. (1) Does the disposal area Include any coastal wetlands/marsh f. (CM. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB ❑WL ❑None (II) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (II) If yes, how much water area is affected? RECEIVED APR 21 2022 r%^AA A1( 111, 252-808.2808 :: 1-888-4RCOA3T :: www,necoastelmenanement net revised: 12/26106 Forfn DCM MP-2 (Exce nation and Fill, Page 2 of 2) 9. SHORELINE STABILIZATION ❑TMs section not applkable (if development Is a wood groin, use MP-4 — Structures) e. Type olelwrellne slabl11zation: Is. larletl: esi ®Bulkhead DRlprep DBreakwaterlSill DOther: C. Average dlstanra waterward of NHW or NWL: 2'average e. Type of stabilization material: Vinyl Bulkhead Material g. Numberof square feet of fill to be placed below water level. Bulkhead backlill 526 Rlprep_ Smakwater/slll Other _ I. Source of fill materiel. Off Site 4. OTHER FILL ACTIVITIES (Ewhicling Shoreline Stabilization) a. O) WIN fill materiel be brought to the alto? ®Yee DNo DNA If yes, (II)Amount of material to be pieced In the water 136CY (III) Dimensions of gI area 1223 of (iv) Purpose of fig To crovlda the ebIIIN to reconstruct the fish house to be comely over a Width: 1e d. Maximum distance waterward of NNW rc NWL: I. 14'beneath existing fish house (1$r d:nf an.Ily 4-,'+i 4'nn I4Drnsr J f. (1) Has there been shoreline erosion during preceding 12 months? DYes ®No DNA (II) If yes, stale amount of erosion and source of erosion amount Information. h. Type of fill material, Clean Sand FIII 5. GENERAL e. How wig excavated or All material be kept on site and erosion b. controlled? ni will be brought to the site from an apppprroved sand source. Sill fencing WIN file Mallied to Min Briefs araetdred 0. ge-paorto placement c. (I) Will nevipaif net aide be required as a result of the project? d. DYes ONo DNA (II) If yes, explain what type and how they will be Implemented. Date Fresh Catch Seebod, Ino Project Name ❑This section M applk ble submerged aquatic vegetation (SAV), shelf bottom (SS), or other wetlands (WI-)? If any boxes ere checked, provide the number of square feet effected. DCW ❑SAV _ DSS DWL [16Nona (4) Describe the purpose of the fill In these areas: backhoe, or hydraulic dredge)? Backhoe, excavator In setting equipment. normal cns�cli equipment (I) WIN wetlands be crossed In transporting equipment to project site? DYes ®No DNA (II) If yea, explain steps that will be taken to avoid or minimize environmental Impacts. Fresh Catch Seafood, Inc Applicant Nemq_ 21:2-0e4.2808 :: 1•690-4RCOA8'r :: wwuu.uccease:lmanayemmrt.unt "?tC IVED revised: 112f2S16e APR 212022 DC`sa_®Rr r% !`1Ty Form DCM MP-3 UPLAND DEVELOPMENT (Constructlon and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. So sure to complete all other sections of the Joint Appllcatlon that relate to this proposed project. Please Include all supplemental Information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilitlos, units or structures b. Number of lots or parcels. proposed. f Fish House reconstruction with 2nd story Office s oh u11 ea eddNoh ova ez. concre e o o a _ used ae fish house when mein fish house l!,! n re� -but leis propose to came n t area leh f r c. Density (give the number of residential units and the units per acre). NA If the proposed project will disturb more then one acre of lend, the Division of Lend Resources must receive an erosion and serilmontalion oontml plan at least 30 days before land-dtsturbing adivltybeglns. (1) If applicable, has a sedimentation and erosion control plan bean submitted to the Division of land Resources? ❑Yes ❑No ®NA (II) If yes, list the data submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Imps Mom end/or bullt-upon surfaces, such as pavement, building, rooftops, or to he used for vehicular driveways or parking. Approximately 65% No new Coverage Is proposed I. Give the percentage of the entire treat to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Approximately 85% No new Coverage Is proposed I. Describe proposed method of sewage disposal. Edeiing septic tank and subsurface drelneeld 1. Describe location and type of proposed discharges to waters of the state (e.g.. surface runoff, sanitary wastewater, Indusbtal/ commercial oflluenl,' wash down" and residential discharges). Surface Run oft end wash dawn _ Faclllly hose GP 530000 PDES Permit d. Size of area to be graded, tilled, or disturbed Including roads, ditches, etc. + / - 2000 sf for bulkhead installation I. List the materials (such as marl, paver atone, asphalt, or concrete) to be used for Impervious surfaces. No new coverage Is proposed h. Projects that require a CAMA Major Development Permit may also require a Stormwalar Certification. (1) Has a site development plan been submitted to the Division of Water Duality for revlaw? ❑Yes []No IONA (II) If yes, list the date submmad: k. Have the facilities described In Item (1) received state or local approval? []Yes []No ®NA Exlsltng Facilities If yes, attach appropriate documentatkm. m. Does the proposed project Include an Innovative stormweter design? ❑Yes ®No ❑NA If yea, attach appropriate documentation. RECEIVED APR 21 2022 DCM-MHD CITY 2S2-gag-2a6W1 it 1.888-4RCDAST n W W W.IIeCenata Ind 1 �YNnonudId n revlandr 1212WM Forni nCIVI 1IMP--3 (Ellelaod novelonrneot, Pat qe Y. of 2) M. Describe proposed drinking water supply source (e.g., well, commurilty, publc system, etc.) Private Well o. When was the lofts) platted and recorded? 5/10/21 3/aS/az- Date Fresh Catch Seafood, Inc n. (1) WIII water be Impounded? ❑Yes LANo DNA (II) If yes, how many acres? P. II proposed development la a subdivlslon, wll addltlonat utlll8es be Installed for this upland development? []Yee ®No [INA RECEIVED APR 21 2022 252008.2008 :: 1.800.4RCOAST n www.u,xoaslulmm!_ayulnont. a revisaU dM-MHD CITY Form DCM MP-4 STRUCTURES MAR 15NU22 (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑PublictGovernment ❑Private/Community [I This section not applicable b. (1) Will the facility be open to the general public? Dyes ONO c. (i) Dock(s) andlor pier(s) d. (!)Are Finger Piers included? ®Yes []No (if) Number 1 Existing Dock to be reconstructed If yes: #I) Length 315' (11) Number 2 (Iv) Width 166'@8'w wood, 1 10'@14.8'w conc, 39'@ 1 O'w conc (III) Length 22' M Floating []Yes ®No (iv) Width 4- (v) Floating Dyes ®No e. (1) Are Platforms included? ❑Yes ®No f. (1) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ti) Number (II) Number (Ili) Length (iii) Length _ (Iv) Width (iv) Width (v)Floating []Yes ❑No Note: Roofed areas are calculated from dnpllne dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, Including travel lift and/or rail, repair or (it) Number of slips existing maintenance service Existing Fish house with Temporary dockage for unloading fish ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Fish Handling Operations and boat fueling 1. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sell boats, mixed types). ❑Open water; dredging for basin and/or channel Commercial Fishing Boats ®Open water; no dredging required ❑Other; please describe: RECFI�, k. Typical boat length: 20' - 50' I. (1) Will the facility be open to the general public? APR 2 i ❑Yes ®No m. (I) Will the facility have tie pilings? ®Yes ❑No DCM-(ltiri— (II) If yes number of tie pilings? 9 252-808-2808 :: 1-ae8-4ncoasT :: www.nccoastalmanaaement net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS HAV 15 ZUZ ®This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boalhoding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Ghre the location and number of "No Sewage Discharge' signs proposed. (II) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed o% h. Give the number of channel markers and "No Wake" signs proposed. 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVEDI. APR 01 ?n?? DCM-MHD CITY 252.808.2808 :: 1.888.41ilti :: www.nccoastalmanaaemen! net revised: 12/27106 Form DCM M P-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No i•IAR 15 2u22 n. Is the madnaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wellandstmarsh (CW), submerged aquatic vhgeladon (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed madnaldocking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applcable a. (1) Is the boathouse structure(s): []Commercial ❑Public/Government ❑PdvatelCommunity, (II) Number (III) Length (Iv) Width Note: Rooled areas are calculated Irom dripfine dimensions. 4. GROIN (e.g., wood, sheetpue, etc. If a rock groin, use MP-2, Excavation and F91.) ®This section not applicable a. (i) Number (II) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. is me struraure(a): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured lrom marsh edge, if present. e. Am of the swing _ b. Number d. Descdption of buoy (color, inscription, size, anchor, etc.) RECEIVED APR 212022 DCM-MHD CITY 252-8011-2808 :: 1-888.4aCOA8T :: V w-riccoastalmanaaement.net revised: 12127106 Form DCM MP-4 (structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent dpadan property lines b. Pmxlmltyof structure(s) to adjacent docking facilities. 13.5' 126' Note: Forbuoy or mooring piling, use am of swing including length of vessel. c. Width ofwaterbody 240' e. (1) Will navigational aids be required as a result of the project? []Yes ❑No ®NA (it) If yes, explain what type and how they will be Implemented. d. Water depth al watenvard end of structure at NLW or NWI. 6'-11' & OTHER ®This section not applicable a. Give completedescription: 3 //5 /2 Z Date y . Fresh Catch Seafood, Inc Prolect Name C RECEIVED APR 21 2022 DCM-MHD CITY 252-808-2808:: 1.888.4RCOA8T:: www.necoastalmanaoement.net revised: 12127/06 I DCM-MHO CITY 1,:-� 2 12022 DCM-MHD CITY >: .. /' �� , , � r -,�, '` ,r r i�, � ` �, ,.` �',. �, �� ,•�, --- f t zlcte,�. 'l.l.,,-M-MHD CITY In W4 rTwp' 1 4 Alf i 331 MITI Landing Rd, Wanche 331 Mill Landing Rd, Wanche 331 Mill Landing Rd, Wanche 331 Mill Landing Rd, Wanche 331 Mill Landing Rd, Wanche 331 Mill Landing Rd. Wanche 331 Mill Landing Rd, Wanche 331 Mill Landing Rd, Wanche 331 MITI Landing Rd, Wanche 331 Mill Landing Rd, Wanches I _ J ❑i 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanche: 331 Mill Landing Rd, Wanche! 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanche= , ` 11 l 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanche: 331 Mill Landing Rd, Wanches I 331 Mill Landing Rd, Wanche: 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, WancheE 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanche: , ' r i r F�m000w' qi ' 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanches 331 Mill Landing Rd, Wanches RECEIVED to 2 12022 DCM-MHD CITY RECEIVED APR 2 1 2022 DCM-MHD CITY NAME: Mickey Daniels ADDRESS:P 0 BOX 144 CITY: Wanchese, NC 27981 RE: FISH HOUSE IMPROVEMENTS To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Fresh Catch Seafood Inc is applying for a CAMA Major permit to- Fish House Site Improvements on property located at 4331 Mill Landing Rd Wanchese, NC, 27981 Dare County, which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: Matt Huth or Micah Daniels as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at _252 305 9555_ or the Division of Coastal Management at 252-264-3901. Sincerely, m 7D I have no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) % y I do vrish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. YYt7. 'C- k py T• /)Ar✓. GLS Print Name Signature of Adjacent Property Owner de, a-l3ay 4fr0_J h/,vvc#p/-,'h/.C'. Mailing Address andlo�r Email Address 7 99:�) �a-aa—mil Date 73 3 aOO Phone Number RECEIVED APR 212022 DCM-MHD CITY DATE: 'NAME WillieEtheridg% ADDRESS:P O BOX 77 CITY: Wanchese, NC 27981 RE: FISH HOUSE IMPROVEMENTS To Whorn It May Concern- .l1 This correspondence is to notify you as a riparian property owner that Fresh Catch Seafood Inc is applying for a CAMA Major permit to- Fish House Site Improvements__- on property located at 4331 Mill Landing Rd Wanchese. NC, 27981 Dare County, kikC i 5 2C22 which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: Matt Huth or Micah Daniels as soon as possible. if no comments are received within 30 days of receipt of this notice it will be considered that you have no comments regarding this project. If you have objections or Comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at .. 252 305 9555 .. , or the Division of Coastal Management at 252-264 3901 Sincerely. _ V ... I have no objection to the project as described. - __ .-_ I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) LL I du wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. A/IPI&I V, it W3 /z/ Print Name Signature o Adjacent Properly Owner Date Mailing Address and'or Email Address Phone Number RECEIVED APR 212022 DCM-MHD CITY p BK 2511 PG 737 - 739 (3) v`c` This Document eRecorded: Fee: $26.00 `'dare County, North Carolina Oheryl L. House, REGISTER DOC# 700099975 L.:" , : 05/28/2021 03:20:01 PM Excise Tax: $800.00 Transfer Tax: $4,000.00 OF DEEDS Dare County Lanl6ransfer No.: 2938-21 Land Transfer Tax: 4000.00 1985 Sessions Law Chapter 670 (HE 215) O Dl' NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax:$800.00Y LT#2938-21/ $4000.00 Parcel Identifier No. 02 000 Verified by County on the_ day of .20_ By: Mail/Boxto: C"cevRRob s. PC This instrument was prepared by: Casey& Robbins PC Brief description for the Index: jQLParcel 2. Division for MickevT. Daniels and Lana D. Beacham c THIS DEED made this 28th di(sf May . 2021 , by and between UKAN I UK —m MickeyT. Daniels and wife, Linda B. Daniels ai Ik ana D. Beacham, an unmarried woman r` Post office Box 144 Wanchese, NC 27981 Y� Enter in appropriate block for each Grantor and Gmnlee�,Nme, i Fresh Catch Seafood, Inc 4331 MillfandingRoad Wanchcse, NC 27981 address, and, if appropriate, character of entity, e.g. The designation Grantor and Grantee as used herein shall inclfitie said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. J. WITNESSETH, that theGrantor,for avaluable consideration p id*+ythe Grantee, the receipt ofwhich isherehyacknowledged,has and by these presents does grant, bargain, sell and convey unto the Grant n fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Wanchese Had Township, Date County, North Carolina and more particularly described as follows: �( RECEIVEDSee attached Exhibit "A". APR 212022 The property hereinabove described was acquired by Grantor by instrument rece&d in Book 47 page 73 CM-M HD CITY All of a portion of the property herein conveyed —includes or, (L does not inclTI"he primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 3 V��e 195 . Page 1 of 2 n NC Bn Assodadw Farm No. 3 0 1976. Reviud 0 1977.2007, 2013 1�>, This standard farm has bem opproved by: Priatd by Agreement with the NC Bar Associaion -1981 nlSmh Cmolim Bu Association -NC Bar Firm No.3 submitted electronically by "Casey 6 Robbins, PC" d'1 in Cori iance with North Carolina statutes governing recordable docitafypts and the terns of the submitter agreement with the Dare County Regist r fof Deeds. <;.� Book 2511 Page 737 BK 2511 PG 738 DOC# 700099975 V' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. O d the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee t k, that title is marketable and free and clear of all encumbrances, and that Grantor will wrinmot and defend the tide against the lawful c . of all persons whomsoever, other than the following exceptions: ThoValaen taxes for tine year 2021 and subregsnt years. Easements and restrictions, if airy, appearing of record D IN WI AdASS WHEREOF, the Grantor has duly executed the foregoing aas/ssofthe day and year 7first`above written. :WU, (SEAL) (Entity Name) PrinVl'm Name: Mic yT Danicis By: ['�i .�. n.i. a•/ (SEAL) Priottrype Name Cc 7 ule: Prio Nnmt: By/�(.G1it�� (SEAL) Print/Pypc Name & Tit PrinVlype Name: Lamp. D. Benham By: (SEAL) Print/fype Name & Title: PrinVfype Name: Stateof a4'%C&M11 . in, -County or City of Midoa 1, the undersigned Notaryp,� in of the County or City of rave.- and State aforesaid, certify that C{q, . CJani l.f personallyappeared before me this dayand acknowledged thedue execution of the foregoing instrument purposes th--WAV lyr ,(Or,Witoess myhand and Notarial stamp cr seal this 27 day of N`r" , 2071. V111 My Commission Expires: 3 1 Z 24 (Affix Seal) 0 the - County ( blic of the execution is the foregoing Instrument for the purposes My Commission Expires: S 31 Z-)2' (Affix Seal) fi ss;�'E: 9 : 0 • &40!l r 17 Werr:la-s-d Notary Public gyButo C�Z Notary's Printed or Typed Name V 94.1 `C and State aforesaid, certify that _ personally appeared before me this day and acknowledgcd the due kWitness my hand and Notarial stamp or seal this s�day of sr't ej,� /,' ,c P° J c S Notary blic Edo Q e Notary's Printed or Typed Name Stateof- County orCity 6.'V, -� 1, the undersigned Notary Public of the County aPQ.(t trn s v and State aforesaid, certify that personally came before me this day and acknowledged that jaeisthe of a North Carolina or corpora[Iodlimited Lability company/genera parmershipAimited partnership (strike through the inapplicable), and that by authority duly given and as die act of such entity„�tigned the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this ----�L day of , 20_ My Commission Expires: (Affix Seal) NC Bar AssociaYoa Pasm No. 3 O 1976. Revised O 1977. 2002 2013 Primed by Agrammt wi"v NC Bar Assonauon - 1981 Notary Public Notatr5 Printed or Typed Name Page lafl `` • 761s suadard form has been approved by: I'v1 m1m Bu AssociNm m - NC Bu PaNo. J RECEIVED 6 O APR 21 20"2 0 Book 2511 Page 738 DCM-MHD 01"Y BK 2511 PG 739 DOC# 700099975 G �O ing Parcel Two as shown and depicted on that certain map or plat entitled "Exempt Division Survey D aMickey T. Daniels and Lana D. Beacham —4331 Mill Landing Rd., Wanchese— Nags Head Township — e County — North Carolina" prepared by Seaboard Surveying & Planning, Inc. and recorded In Plat Catoet J, Slide 195 of the Dare County Public Registry. 11 There is also conveyed herewith an appurtenant right and easement for the purpose pedestrian and vehlculaoi gress, egress and regress and for the installation of utilities over that portion of Parcel One depicted t&'Gravel Drive" running from the East margin of the right of way of NC 345 (Mill Landing Road) to thcYest line of Parcel Two, all as depicted on the aforementioned Plat. Grantee herein shall be responsib r the maintenance of the Gravel Drive In an all-weather condition. However, Grantor reserves the ri to relocate said Gravel Drive and Easement at Grantors sole cost and expense so long as the relocation oithe Gravel Road Easement does not hinder Grantee's access to Parcel Two. �l th' f �O RECEIVED APR 21 2027 DC"No CITY d O 1l.. �Y� Book 2511 Page 739 0 114s7SPa03ne Prepared by a Return to; Martin Kellogg, Jr. Kellogg, White, !Vans and Gray Manton, Box IV19 NC 927954 EXEMPT DARE COUNTY TAX NORTH CAROLINA COLLECTOR DARE COUNTY THIS DEED made this the 15th day of April, 1986, by WILLl54. ANIULS and wife, JEAN C. DANIELS, WILLIE E. DANIELS, JR. and wife, NDACE T. DANIELS, DEANNA D. BRIGGS and husband, THONAS H. BRIGGS, III, S. DANIELS (unmarried), LILLIS W. GRAY (unmarried), OUIDA D. YOUNG a usband, HENRY A. YOUNG, and CARMITCHAEL DANIELS, parties of the ES part, to CARNITCHAEL DANIELS and wife, EDITH F. DANIELS, an estate by t@ entirety, of P.O. Box 219, Wanchese, North Carolina (27981), parti4Yoof the second part: (IN W I T N£ S S E T H: THAT the Said parties of the first part, for a valuable consideration paid by the "rties of the attend part, the receipt of which is hereby acknowledgedihave bargained, sold and conveyed, and by theme presents do bargain, dol and convey Unto the said parties of the second part; - --- their hairs an4assigns, a tenancy by the entirety, in and to all that certain tract o"tml of land lying and being in Dare County, North Carolina, and be" more particularly described as follows: All that oertd !tact or parcel of land lying and being in the Village of pan Nags Head Township, Dare County, North Carolina, adjoining the 1 of Ivey E. Daniels Estate, Ethel Tillett Estate, Wanchese Industr y�ark property, Deanna D. Briggs, and others, and bounded as follows: BEGINNING at an exis iron pipe situated in and on the Northeast margin or right of we f N.C. Highway No. 345 leading through the Kill landing Area of Village of Wanchese, N.C., said iron pipe and point of beginning ng in and marking the West comer of the lands of the Ivey E. Dan a Estate, and being also 75 feet on a course North 42 deg. 19 m ,I� 47 sec. West from an existing iron pipe I. and marking the po9dt of intersection of the Northeast margin or right of way of w*of said highway by the Northwest line Of the Ethel Tillett Estate p0perty, also known as the Hayman Tract, running thence from the beginning point along the Northeast margin or right of way of said highway, following the curvature thereof in a general Northwesterly direction to an existing iron pipe in and marking the South comet of the Deanna D. Briggs property, said pipe being a chord distance ot,'7.26 fast on a course North 42 deg. 6 min. 47 sec. West Erom the i qpipe at the point of beginning: thence along the Briggs Southeast line, Wrth 44 deg. 25 min. 2 sec. East 155.04 feet to an iron pipe, then)2'�'NNorth 32 deg. 43 min. 23 sec. East 81.20 feet to an iron pipet tgeace North 62 deg. 1 min. 47 sec. East 175.66 feet to a post or ot*� marker at the edge of a basin: thence North 39 deg. 56 min. 22 secoEast 88.16 feet to a post or other marker in a basin: thence Not�h'44 deg. 49 min. 8 sec. West 30 feet to an existing iron pipes Usn.. North 52 deg. 36 min. 32 sec. East 295.14 feet to a post or o marker in the Southwest line of the Wanchese Industrial Park property: thence along the Wanchese Industrial Park property Sou st line South 41 deg. 26 min. 40 sec. East 259.83 feet to a point�yt the Northwest line of the Ethel.lillett Estate property; thence ong the Ethel Tillett Estate Northwest line South 56 deg. 4 min. sec. West 98.24 feet to an existing iron pipe; then; continu along the Tillett Estate Northwest line South 56 deg. 4 min. 2 c. West 479.97 feet to a poet or other marker in and marking tIR Feat corner of the Ivey E. Daniels Estate property, thence atomig the Ivey E. Daniels Estate Northeast line North 42 deg. 19 at 47 net. West 75 feet to a poet or other marker; thence along the vey E. Daniels Estate Northwest line South 56 deg. 4 min. 27 sec. West 210 feet to the iron pipe at the point of beginning on the Northeast margin or right of way of said N.C. Highway No. 345. RECEIVED APR 21 Mr -> DCM-MHD CITY Book 575 Page 308 0 BK575PD0309 1' For a more particular description of the lands described above, see a map or plat thereof made from a survey by N.M. Hoskins, Jr. 6 Associates, Inc., and designated "corrected Survey of a portion of the W.E. Daniels Tract, Wancheae, Naga Head TWsp., Dare County, North Carolina," and recorded in Plat Cabinet C, Slide 45B, Dare County Registry. The lands above described being designated on said plat as "Mickey Daniels, Sr. 3.24 Ac." reference see deeds recorded in Book 47, page 34, Seek 47, page and Book 133, page 722, respectively, Dare County Registry. EIila S. Daniels, Willie E. Daniels, Lillie W. Gray, Ouida D. Young and Carmitchael Daniels of the parties of the first part being the widow and sole issue and heirs at law respectively of Ivey E. Daniels, deceased. TO NA 1V NOIA the above described lands and premises together with all the vilegee and appurtenances thereuntc belonging unto the Said partlea ;rye second part, their heirs and assigns, in fee simple forever. IN TESTIMONY\&REOP the said parties of the first part, have hereunto set their $ nda and seals the aday �a(ndyear first/above written. WYLLIR E. DANIELS \� - n (SEAL) �•111.11 1' \' ll( I ) (SEAL) E T. ANIEIS .._ ) (SEAL) DEANNA D. ERI S .lL....,u�` if /'�+ eW (SEAL) THOMAS N. IFxGCS, I.LL' 6A J RYJO c,),L. (SEAL) EDNA S. DAHx (SEAL) LILLI8 N. GMY OUIDA D. YOUNG HE(SEAL) HENRYNRY A. MG NC �, • ' • . v (SEAL) CAMMITCHARL DANIELS X RECEIVED APR 212022 DCM-MHD CITY Book 575 Page 309 0 1' 81575PE0310 RTR CAROLINA RE COUNTY yy A 16 a Notary Public in and for the afo Ld County and Stnte do hereby certify that Willie E. Daniels per. rrl�ly appeared before me this day and acknowledged the due execution of the»pregoing instrument, wl;tS my hand and notarial seal, this %T,i day of u•. K" NOTARY PURLIC 0STU CAROLINA DARE COUNTY c i I, 7 (+ Ae a Notary Public in and for the aforesaid County afid St •do RerelW certify that Jean C. Daniels, wife of;Wlllie E. Daniels, pe lly appeared before we this day and acknowledged �^ •t4b'e dull execution of the oing instrument. l'_ J 5• c<' .. ;,}! AtiIAM6SS my hand and notarial seal, this the ZRNA day of Jt% , 'lye�,t- tl '� : '• 1. ARY WBLIC '1 • �, .' NY C'OIWLSSION EXPIRES, NORTH CAROLINA �• DARE COHNN'IY 1. 4 — (�•(•A/ /��/L�.x fZ, a Notary Public in and for the aforesaid County Lnd State do he�ieby certifjj`'���that Willie E. Daniels, Jr. .and wife, Candace T. Daniels, Personally ailP![ared before me this day and ..acknowledged the due execution of the foreg inst�ruaent. `-.CWITNESS my hand and notarial seal, thla ffir. /7TA day of U"n.Q 1988 �i','�"_ '7 , "TART PUBLIC 1husband, COMMISSION EXPIRES,\NORTH CAROLINADARE COUNTY O it,.L:a�plt/ L7Kc/.tallotaryPublic Sn�,d for the aforesaid County and Sate da here ttrtlfy that Deanna D. {�sigga end Thomas N. Briggs, III, personally appeared before nai'�hia day and acknowledged the due execution of the foregoing instrumento WITNESS my hand and notarial seal, this the (• %X day of , 7 •'1 •;� NOTARY PUBLIC y%� AIPU'CONMISSION EXPIRES, 1 7L RECEIVED APR 21 200 DCM-MHD CITY Book 575 Page 310 0 � XA1 EX575PO0311 le, 0 NORTH CAROLINA DAM COUNTY a Notary Public in and for the Daniels (unmarried) -fyckbtoaWledd-gesdthe =Onally appeared before ne, this day and due execution rN of- they foregoing instrument. eu -;:.",JWITHESS my hand and notarial seal, this the day of 7" �tO/TARY iU.Lg� ISSION EXPIRRS3 O NORTH CARD -DARE COUNT o Cal L a Notary Public in and for the aforesaid Caws State do here certify that Lillie W. Cray (unmarried) personally appea q4 before me this day ..... . I and acknowledged the due execution ,Qf,th, foregoing trument. 2d Li this the IST ��nd notarial seal, day of j 4'L. A OMISSION EXPIRES- 2 v n"?, el STATE OF a Notary Public in and t.r the Aforesaid C.,­_Z; and State Kohereby eertify that Ouid. D. young &ad husband, Henry A. young, personally appeared before me this day and C_.j) `,.4ycknowledqed the due execution of the foregoing instrument. 4'44TNESS my hand and notarial swal this the 307t day of ////I v 4,4. t. ikmd/ COMMISSION EXPIRES. NORTH CAROLINA • DARE COUNTY Y-1 Notary P b& in and for the aforesaid County d State do her y certify that C&49itchael Daniels personally appeared before me this day and acknowledq!k the due execution . ......... .nf.theforegoLaq instrument. SS z my hand and notarial seal, t] him the of A"I NOTARY PUBLIC ..47 COMMISSION EXPIRES: ...... /I /_&c RECEIVED APR 21 2022 DCM-MHD CITY Book 575 Page 311 0 0 89S7SPa0312 NORTH CAROUNA PARE COUNTY Q The fore9oin9 certificates of Randolph G. O'Neal, Jr., a Notary F@lWC of Dare County, North Carolina, are certified to he Correct. Y RESENTED for regstraeion this let day of July, 1988, at o'clock .M., and recorded in this office in Book a REGISTER /O'F�DEEDS ii BY n6tfl1(A ,bun It} Si _y ASSISTANT REG R OF DEEDS O �XAN Y� 10 0 16 O/-� \� mm C' 1 a RECEIVED APR 21 2M, DCM-MHD CITY Book 576 Page 312 P1I0f111 E S Ir C.q If N' a ; 5 I h RecaKC OYJ0 ' 10.217" e+. raven uvec TWWW Uv'/ L lle.r. IlrrWu W Caa.1 a.» �I..,.I. 9 SK ON . R Q X if. 1 T o l•.I I 1 I l[' n1rA,irM I ...1 • / i C�18i r kk€ � �68 rrb 1� m at+! � i9i4r �I 118 I j, 1 I I 11 B u°, w2u uxawc iva yH� a i � rw�wrsr - iuu wan rorwewm - nur rnvwrr - wonre uwourca yL if 6 a e Seaboard Surveying 6 Planning, Inc. C-1578 PG Pr 195(1) l�ililimill 044z' l l 0t E, 31 U r AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Fresh Catch Seafood Inc Mailing Address: Phone Number: Email Address: PO Box 52 Wanchese, NC 27981 252 473-8996 Fresh Catch Seafood INC <freshcatchobx@gmail.com> I certify that I have authorized John DeLucia, PE Albemarle & Associates, LTD Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Fish house site improvements at my property located at 4331 Mill Landing Rd, Wanchese, NC in Dare County. 1 furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: n Signature Print or Type Name 1 ll Title 7 d / oZ Date This certification is valid through 7 / 1 2022 RECEIVED APR 21 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER .Secrerury BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: Theresa Schneider The Coastland Times Manteo, NC 27954 legalsC@thecoastlandtimes com FROM: Ella Godfrey DATE: April 21, 2022 SUBJECT: Public Notice: Fresh Catch Seafood, Inc. Please publish the attached Notice in the Sunday, April 24, 2022, issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED APR 21 2022 DCM-MHD CITY North CarolinaDepanmentofEnvironmentalQuality I Division of Coastal Management Elizabeth City Office 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 279O9 252.261.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 03/04/22. Fresh Catch Seafood, Inc., proposes to rebuild the fish house, docks, adding finger piers, tie backs and construct a bulkhead on property located at 4331 Mill Landing Road, NC 345 in Wanchese in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 05/14/22, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, April 24, 2022 RECEIVED APR 212022 DCM-MHD CITY vi^",[^ FD: Q North Carolina Deparhnent of Envlronniental Quality I Division of Coastal Management � Elizabeth City Office dot South Griffin Street. SuRe 300 1 Elizabeth City, North Carolina 27909 252.2n 1,3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director April 21, 2022 Fresh Catch Seafood, Inc. c/o Matt Huth P.O. Box 52 Wanchese, NC 27981 Dear Mr. Huth: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to rebuild the fish house, and docks, adding finger piers, tie -piles and construct a bulkhead located at 4331 Mill Landing Road, NC 345, Wanchese in Dare County. It was received complete April 13, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision June 27, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 13, 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point RECEIVED APR 21 2027 DCM-MHD CITY D_EQ�� North Carolina Department of Environmental Quality IDMsionofCoastal Management Elizabeth Crty, Office 1401 South GrUfln Street, Suite 3001 Elizabeth City, North Carolina 27909 e w aW 252.2643901 Fresh Catch Seafood, Inc. MttHuth April 21, 2022 Page 2 of 2 along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, Field Representative, DCM John DeLucia, PE, Albemarle & Associates, LTD, Kill Devil Hills, NC RECEIVED APR 21 2022 DCM-MHD CITY \T()'1'IC1: CAMA PERMIT APPLIE FOR PROJECT: rebuild fish house and docks, add fingers piers, tie -piles and construct a bulkhead COMMENTS ACCEPTED THROUGH may -14, 2022 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Fresh Catch Seafood, Inc. Yvonne Carver c/o Matt Huth 401 S. Griffin Street, Suite 300 P.O. Box 52 n Elizabeth City, NC 27909 Wanchese, NC 27981 < 252-264-3901, ext. 237 252-473-8996 0 0o m Contact Name* John DeLucia Contact Email Address* lohnd@albemarleassociates.com Project Owner' Fresh Catch Seafood Inc Project Name* Fresh Catch Seafood Facility Improvements Project County Dare Owner Address:" Strain Address 4331 Mill Landing Road Address the 2 City Slate I Province / Repon Wanchese NC Postal I Zip Code counlry, 27981 USA Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - 401 Water Quality Certification - Regular Express Individual Permit Modification Shoreline Stabilization Does this project have an exlsting project to#?* Yes No Do you know the name of the staff member you would like to request a meeting with? RECEIVED FEB 2 3 2022 DCM-EC RECEIVED APR 21 2022 DCM-MHD CITY Please give a brief project description below and include location information.` Fresh Catch Seafood Inc. is and existing seafood processing facility located at 4331 Mill Landing Rd, in Wanchese NO. The owners desire to make improvements to the entire facility. These improvements are needed and include the following elements. • Construction of anew bulkhead along the shoreline and replacement of the existing docks. • Reconstruction of the fish house to include bulkheading, filling and raising the office areas to be above the base flood elevation. • Replacement of the existing diesel fuel tank and fuel pumping facilities. • Enclosing an existing concrete dock area to provide processing during renovations to the existing fish house. This area will remain after reconstruction of the existing fish house and will continue to provide processing space for the facility - The addition of three boat slips with finger piers and mooring piles These improvements are needed for continued operation of this seafood processing facility. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* oleo, Zll-ve Y?-r" Submittal Dale 9/14/2021 RECEIVED FEB 2 3 2022 DC1 -EC RECEIVED APR 21 2022 DCM-MHD CITY Carver, Yvonne From: laserfiche@ncdenr.gov Sent: Friday, October 15, 2021 12:01 AM To: John Delucia Subject: Pre -Filing Time Clock has been reached for Fresh Catch Seafood Facility Improvements - Ver Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Fresh Catch Seafood Facility Improvements that you submitted on 9/14/2021. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laseriche workflow. Please do not respond to this email address, as responses are not monitored. Internal Use only: Non Transportation RECEIVED APR 21 2022 DCM-MHD CITY —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant- Fresh Catch Seafood, Inc. Date: 04/1922 Project Site County Dare Staff., Yvonne Carver District: MElizabeth City Washington ❑Morehead City ❑Wilmington Protect Name: Fish House and Site Improvements Let: Latitude: 35"50'36.83"N Long. Longitude: 75"3723.39"W Date of initial application submittal (EX: IA82007): 03/152022 Date application 'received as complefe"in the Field office (EX* 1/&2007): 04/13r2022 Permit Authorization: OCAWA ❑Dredge & Fill OBoth SITE DESCRIPTIONAPERMIT INFORMATION PNA: Yes 2 No Photos Taken: Yes Z No[] Setback Required (riparian): Yes ONo Critical Habifst• Yes No Not Sure 15 foot waiver obtained.- 0 Yes No Hazard Notification Returned., [I Yes ®No SAV: ❑Yes ®No ONat Sure ShellBoftom: Yes ONo Not Sure Temporary Impacts: SYes No Sandbags: ❑ Yes ®No Not Sure Did the land use classification come from county LUP. ®Yes []No Mitigation Required (optional): El Yes ®No Moratorium Conditions El Yes No ®NA Environmental Assessment Done: [I Yes []No ®NA SECONDARY WATER CLASSIFICATION- OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nubian t Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort (Salicomis sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) 0 (SA) Salt marsh cordgrass (Spartine ❑ (SY) Salt reed grass (Spartina altemigora) cynosuroides) (DS) Salt or spike grass (Dis6chlis El (SC) Bullrush or three square (Scirpus LJ (TY) Cattail (Typhe sp.) spicate) SO ❑ (JR) Black needlemsh (Juncus (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/D&F up to 1 acre; 3490 0 Ill(D) Pdv. public or Comm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 El Minor Modification to a CAMA Major El Major Modification to a LAMA Mayor ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 LJ Permit Transfer - $100 El III(B) Public or commercial w/ D&F to i ❑ Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request 0 11. Public or commerclaUno dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 0 Ili(C) Pnv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs RECEIVED DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.nat �. �.,, revised: Nov. 2012 DCM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant Fresh Catch Seafood, Inc. Date: 04/19/22 Describe belowthe ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. AcdWty Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Bulkhead (not MHW v% 1 1 NewWo Maint ❑ Rapiaee ❑ Y ®N 169 1.5 2 Bulkhead (not MHW vin 1 *i^t 1 New work ❑ Replace ®v ❑ N 111 I.5 18 Fill basin (under fish l New work Maint ❑ Replace ❑ Y ® N 1II I8 7 house Fish house / New wont Maint ❑ Replace ®Y ❑ N 40 40 Non-resident bldg./mix use 1 NewWo Maint ❑ Replace ❑ Y ® N 64 1S.I2 Dock ] NewWork Maim ❑ Replace N Y ❑ N 166 8 Dock / New Work Maint ❑ Replace ®Y ❑ N 110 14.8 Dock 1 Newwork Maint ❑ Replace ®Y ❑ N jg 10 Fingerpier 2 New Work Maint ❑ Replace ❑ Y ® N 22 4 Mooring He 9 New work Maint ❑ Replace ❑ Y ® N y New Work Replace Maint ❑ ❑ Y ❑ N New Work R-piece Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Newwok Replace Maim ❑ ❑ Y ❑ N New Wak Replete Maint ❑ ❑ Y [IN New Wok Replace Maint ❑ ❑ Y ❑ N New Wen* Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wok Replace Maint ❑ ❑ Y ❑ N RECEIVED revised Nov. 2012 APR 21 2022 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Fresh Catch Seafood, Inc. Date: 04/19/22 Describe below the HABITAT disturbances for the application. Alt values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration andlor restoration or andror temp restoration or temp impact tamp impacts) impact aniound teM0 lm cts) amount Shallow bottom Dredge ❑ Fill Both ❑ Other ❑ 2336 2336 Open water Dredge ❑ Fill ❑ Both ❑ other ® 335 335 Open water Dredge ❑ Fill ❑ Both ❑ Other ® 176 176 Other (redevelopment Dredge ❑ Fill ❑ Both ❑ Other ® 550 550 in CS AEC) Dredge ❑ F11 ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fal ❑ Both ❑ Other ❑ Dredge ❑ FRI ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED APR 212022 252-808-2808 :: 1.888-4RCOAST :: www.nccoastal management. net revlaed: Nov. 2012 DCM-MHD CITY ROY COOPER Governor 'ELIZABET-I S. BISER Secretory BRAXTON DAVIS Ofrector April21, 2022 MEMORANDUM: NORTH CAROLINA Envi o enfal Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar0ncdenreov SUBJECT: CAMA/Dredge 6 Fill Review Applicant: Fresh Catch Seafood, Inc. Project Location: 4331 Mill Landing Road, NC 345, Wanchese in Dare County Proposed Project: Rebuild fish house and docks, adding finger piers, tie pifes and construct a bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May 12, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME AGENCY SIGNATURE DATE RECEIVED APR 212022 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Sulte 3001 Elizabeth City, North Carolina 27909 252.2643901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Fresh Catch Seafood, Inc Distribution Date: 4/21/2022 AGENCY ECRO Community Development/LPO Noah Gilliam DCM Planner Charlan Owens EliaCity USCOE: Josh Pelletier Community Assistance Lee Padrick (Beaufort, Carteret craven, Eli: city, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (Nolonger public WaterSupply) Gif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shellfish Sanitation Shannon Jenkins Sharon Gupton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Storm water- DWR 401- Samir Dumpor Roger Thorpe Chris Pullinger WRC National Heritage Program Maria Dunn (WARO) Rodney Butler RECEIVED APR 21 20°? Revised:6 29 IQAHD CIS MAJOR PERMIT FEE MATRIX Annlicant: Fresh Catch Seafnnd. Inc. Development Type DCM % DWQ R[E:] 1601 435100093 1625 6253) T$250 (243001602 4351000q41) I. Private, non-commercial development that does not 1000%o ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) ($0) involve the filling or excavation of any wetlands F:_0 or open water areas: Major Modification to a $250 100% ($250) % ($0) CAMA Ma or permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached can be a lied, III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ® Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached)cannot be a lied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas. RECEIVED APR 21 2022 - -- DCM-MHD CGTv NC Division of Coastal Management Cashier's Official Receipt Received From: 1 fe.'1 Permit No.: ate `,.r,�.°T �_ Applicant's Name: S �� Project Address: - { 16875 A B C D Date: -2 �� 20 `-2 $ 61 Check No.: County: T) ".i C`_ Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: ; Signature of Field Representative: Date: Date: RECF11 . -. APR 21 ®0061"*e, VIICAMA [,DREDGE & FILL GENERAL PERMIT N9 86455 Previous permit Date previous permit issued (vp B C D 64New ❑Modification [-]Complete Reissue ( )Partial Reissue As authorized by the Sta a of North Carolina. Department of Environmental Quality arid the Coastal Resources Commission in an area of omironmental concern Pursuant to: ISA NCAC(I If11 rats ❑Rules attached.nexai Permit Rules available at the following link: wMw.dea.n ,gm/Cerde��ks Applicant Naar�)a `..a t/ Address /tea O r 4"Of, 5-A. M 4.�'j-�ya..sS City _0 o..AJAIt's a.., stet, N L_ zap 2? cIA / Phone sr�(= 493-tg'39c, Email Fr C( ��C ♦a 1 rr,z I Authorized Agent -�s h n Di a-"d (16, A I Lssayi f & l',OC. Project location (County): I*) t, 0. Street Address/State Roadllot M(s) S R OC 10 Do/ /hell &*-nJ Z.OA II _ City D a n e i- i s zIP _2.7 9 II'/ Netted ❑CW OCR QffATA � �p}5 Adj. Win Bty�' )S)¢_ / ,�,NC =eK.E (n maN nk) AEC(s): ❑BEA ❑INA 0UW ❑SPIMA ❑PWS Closest Ma', Wt., Bode /1 /6c. 11 ORW: ye no PNA: yesy/D Type of Project/ Activity C, e n .f *X w& J9' Shoreline length 6 D o Access length Pier (dock) length Fixed Platiorm(sl___- _ Floating Platforms) 6I5--ffN6 flOILDOGN Finger piers) Total Platform area gth/go�, BWkhead Riprap length_ K Ill-�JIII PI� Avg stance offshore �. r TRH f(r Breakwater/Sill r �Y Max distance/length Basin, channel Cubic yards Boat ramp �— W Boathouse/Boatgft Yr Beach Bulldozing Jrcl� Other ,r7pgr (Scale: NT3 ) W Aac 1`41165 6— Nnk 13 a2.i RECEIVED APR 21 2022 DCM-MHD CITY SAV observed: yes no #� M I Moratorium n/a yes no Ape 1 ¢�' Site Photos: ma —� �X• Riparian Waiver Attached: Wno :1 )t e"! /'� •+t. A building permit/zanng permit maybe required by: _..-D'o-r,, =—cft� Permit Conditions Name Signature • 'Please rent <wipliance statement on back of permit' J!c C3� -7°? Z Application Feels) Check g/Money Order p ts c,k ❑ TAIVPAMMEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back 10 RENEWED COMPLIANCE STATEMENT. 401ease Initial)_____ _ YV C —.A I— Ge„ry Permit Officer's PRINTED Name Signa , e/ - - / L�/1- b 2 2-- s/3 /2. °. IL- 12, . Issuing Date Expiration Date Dare County Local Government CAMA MINOR DEVELOPMENT r1r,eron r as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development In an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" 2021.40 Permit Number 77 C Issued to Fresh Catch Seafood authorizing development in the Estuarine Shoreline (AEC) at 4331 Mill Landing Rd. in Wanchese, NC, as requested in the permitlee's application, dated 12-15-2021 and received on 12-15-2021. This permit, issued on 12-17-2021, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: the replacement of a fuel tank inside the 30-toot Buffer (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on 12.15-2021. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 2524175-5849 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may he appealed by the permitlee or other qualified persons within twenty (20) days of the issuing dale. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modlticallon not covered under [his permit, require ludher written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2024 In issuing this permit II is agreed that this project is consistent with the local Land Use Her and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. 4 r Noah H Gillam CAMA LOCAL PERMIT OFFICIAL P. 0. Box 1000 / JufA�NT N ,5 Check in the amount of $100, was received on 12.15-2021 for the permRECEIVED PERMITTEE lee. (Signature required if conditions above apply to permil) APR 212022 DCM-MHD CITY Carver, Yvonne From: John Delucia <johnd@albemarleassociates.com> Sent: Wednesday, December 15, 2021 1:13 PM To: Carver, Yvonne Subject: RE: (External] Fresh Catch Seafood Attachments: 08565A - New Fuel Tank 2021-12-15 s.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. I:tty, -1=2 Merry Christmas. I submitted a Minor permit application to Dare Co for the fuel tank replacement. After looking at the area where the new tank is being placed, it would be desirable to install a section along that portion of the shoreline of bulkhead as shown on the attached plan. It is pretty gnarly along that bank with concrete and other questionable stabilization methods. Noah Gilliam Informed me that he cannot write the GP for this section of bulkhead, Is it possible to get a GP for this section while we are going through the Major permit process for everything else? Once Dare Co issues the repair permit for the fuel tank, I will reference it on the applications and then submit all to you to initiate the Major review process. IiiF7'i13? Sincerely: John John M. DeLucia, PE Vice President Albemarle&Associates, Ltd. JohndloDAlbemarleAssociates, com www.AlbemarleAssociates.com PO Box 3989, Kill Devil Hills, NC 27948 (Mail) RECEIVED 115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address) APR 21 20V Ph 252-441-2113 Fax 252-441-0965 DCM-P14Hr) ,; pro CONFIDENTIALITY NOTICE. This message, including any accompanying documents or anachmenls, may contain information that is confidential or that is privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441- 2113 or by return e-mail. Permit Class 0, Permit Number New STATE OF NORTH CAROLINA 215-85 LW�3�rrdent of Natural Community Development ";;:_A .1c_ off:. Excavatioal;4. b g0q0t to NCGS 113.229 Issuedto Carmitchael Daniels, P. 0. Box 219, Wanchese, NC 27981 authorizing development in Dare County at Mi 11 Landi na Creek as requested in the permittee's application dated 9/16/85 i nc 1 udi nq attached plats, 1, for pieta and 1 site map, no date. This permit, issued on is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The pier will not exceed 8 feet in width. (2) The activity must be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction -related discharge. (3) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized authorized structure. (4) The authorized structure and associated activities will not cause an unaccep- table interference with navigation. (5) The pier structure will be properly maintained. RECEIVED APR 21 2022 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, 1988 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. MHO C7Y Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. eria, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernittee APPLICATION FQtt SEP 1 G ►ERMIT TO E?(CAVATE ANDpR fILL WATER QUALITY CERTWWATQN oct'i j'85 EASEMENT IN LANDS COVERER RV MIATEiLAMA KAM(T FQR MAW QEVo/ A4etwWralloo Slow N Nerth Carem"Da/a/YaMINr,aArea CS IK17) UrparltrtaxN el NAWral aNNgear W Ce WAMlty Do"aham at (phi ar Enalwaan, waWIM 96K/I4 (0•i 11}2/.14HI44M11,143m kp Ilwl is mars type or prieu and fill it all blanks It YIfAriiiiyyp is Mt 4pomwbM, M Mditim by 04W4 NIA in bmil. I. Applicant A. Natnc B. Andre Loutiun of rropoW ►re)ea: A. County fia.y — _ B. I. City, town, comtrwrnity or landmark w j'r' gg e 2. It propoked work within city 101W VoIr.'No C. Gat, fiver, Wun)I or bay tarpon wh1Nt pm*4 is 1%c --q of nW%i nallyd body of wur to prOW4 M i I I k- A CLI tau Ill. Description of rro*i I - A. I. Maintanarce q(uiuvy ProfKl 2 Now wak a. Purpole of excavation of fill .. I, Accesachannel,_,��^�� widN,�,�� 2. Berl basin depth Iwtqgw width Qap(h 3. F ill area a. Oahu - P; e_r- lent{ widdt—.�_depth C. 1. Rulkhaad Wallth W �Ayorap dMlartce rMMwYd of MHW (thorelllle) hl 2. Type of bulkhead corletrtiction (Ihata{aIj D. Encavited rnatarial (toys (cy prowl) 1. Cubic yudt lV " 2. Typo of nHwia) t. (ill mitaW to be placod bolow MHW (lee 61W VI. A) 1. Cubic Yards Ai A � 2. Typo of malarial IV. Land Type. DlspoW Area, and Cwrstruct{yrt E9Ulpwgtl: A. Does the area w be eacarated include any Irtaft"a d, ywWnp6 or other Welland? Yea NANo It. Does the disposal area kacfude a� ny 4Mpa or W wettald? Vp C- Dipoul Area 1. Locaition - 2- Do you claim titla to diWoW areal D. Fill nulcrul source If fill is to be trucked in F,. How will eacavaled mawial be entrapped arid efafl0n r.ontrotyp? `. Typq of equpntcnl to be sated i IA I G. Will fluarg Fil be crowd In vygportlr� NuiY/nlrt IY prWeN sip? If yeti RECEIVED will APR 21 2022 DCM-MHD CITY V. Intended List of helot Area (Desralbe) A I. ►rivata, ], t ommtcial 3. housirK OeveleprrlMdt r IrtdtrsUld 4. Other � r^�i�PrO� ITT 1. Elevation of tot(s) above asew hilt Watt 3. Soil type and texture n cL,,, ••+•-��. /. Type of bulWktl IacalUse or strWW " S. Sewap deposal arW/or waMe water VO&WAWM A. Exhtir, ( --,woo J 1. Describe 6. IL -and CDauifkatian'(ckck orw) DEVELOKO TRANSITIONAL "MUNITY NKAL CONSERVATIDN OTHER 45II"SI1",w*i(iilrum SYwpow VI. hnainiry is FIN ad WAN Quality: A. Don the proposed project kwWw the plarertiant of fill tttatr{als below MGM hillit WON? yisi � Mo 8. 1. Will any ruroff or discharge.Muse ad)acartt waters as rttsuit of project auMty W Plerr4d WA alb area fouowinl project camPletion► Yet --No V Z. Type of dis h" 3. Loulm of dilclwills _ N tk VII. ►stem raw o(shpnlins areslass (If ksuwt): LI Q _ V II I. Liu Own* I I hetti and user lose O! posolow Depwtisipt K AreW CrM of Evelawars r Sgm ttaroks hr wek In pr*a ern, If appikillsb: IX. LAMM of urot re�ttbltsd r c«ttpleb Il )aia 3 - y 1 7 e!L k .5 X. lM addilfen SOON ceretpie"d apt lkatim ISM go, wssta ntso Ye pOeowMl �- .: ✓A Attach a wpY td use eod IWO UM appik U" WgV) ar wNr rywurttsnt wtdl► welch tpplitallb r • ` clA'"fthaib%se aff*ctad poprtY. OR If appkafU Is FM tlaim1% to be the ownr of saw property, then forward a copy of am dead of otisr MMsneealtt tssidr when the oWltr 04AM Utle Ptw reitslrt permitwm from the owner so capry OW the project on his lassll. - D.9. Attach an accurate wor. k plop aatrts to W,& an &% X i I" wwe pepr (Me kULrycUort booth t fq .. dedui>). Now: OFilinel draw'M prelatlr • QWY it* 114e14 WOO MxAptad. �. A COPY of the APPI{tatkn and twat Must be served upon adjacent riparian landowners by reggared unified mad of by publication (G.S. I13-M (d))Entr dase Wve4 0. List Mamas aril corMpleM addresses of iM raarlrs iaA4ewltlfi with property &40w% i00W.aet•t. Such ownrt have 30 days in which to wbt W "WAN" ip Woo" ihtld jlloo, It Sri^rww XI. Urtifkation requirewAnt: I certHy duet to the best CI MY krowiedls. dN proposed ectivlty �rtPlia►. With the Suw of North W oRrq apPrGNW 604" etaplP WAN N� aril WIN M candia; in a marsner calMsleM with 111c1t pregame. XII. Any permit Issued PuMant to this applkatlon will allow only the development dew" in this appl4 cuion and plat. Appikants should OWGION desc4m in the appikation and plat ad oMnent elt vitiok iftludina carruualoe, WOW", fW4 nil land cbgrw* DATE RECEIVED y ;f�oM.t.( `irc(ovmwi-,un., v F A^*CM'sW*WAWO ,4Pi; _ �Jhnv7 d. ed. 9�s3�s S' •- . Gff Nf Vf ACf CIRf MR 44 A111Mr Inµ rvo✓'7 111nrr DCM-MHD CITY V4 R-E < - lob Old �o j —}— E. W O U � � W cr a U µ 0' New Aoc K 3 8 le J' CRIBS vo:R � I ► ' �i3n hoJSE ' WDO.;JR 3f)SIN LL L HAit6� xi\ IN. v,nHtl.\HM'+ - F.sn cmm smroW\coaa rib.\M. - ss..IN, ]/rs/20. 1.:.11. W. 1'. r, n.B ..0 k A .wII H. J., c-1.21 t4( t37'-34- 2ND FLOOR 9' OFFICE PROPOSED 2X6 WALLS FFE e 1ST FLOOR • NEW PILE 38' FISH HOUSE 0S `T4 BULKHEAD I PROPOSED 2X10 ROOF STRUCTURE 1ST FLOOR FISH HOUSE EXISTING CONCRETE DOCK EXISTING BULKHEAD RECEIVED FISH HOEW AND OFFICE D,ETA L NTS A?R 2 12022 DCM-MHD CITY HOUSE Dare County 2021.46 MOD Local Government Permit Number CAMA MINOR DEVELOPMENT PEW/W1111 i i as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to Fresh Catch Seafood authorizing development in the Estuarine Shoreline (AEC) at 4331 Mill Landing Rd. in Wanchese, NC, as requested in the permittee's application, dated 12-15-2021 & modification 11-15-2022 and received on 12-15-2021 & modification on 11-15-2022. This permit, issued on 12-17-2021 & modification on 11-16-2022, is subject to Compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: the replacement of a fuel tank inside the 30-foot Buffer, modified to show new location as site plan depicts. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on 12-15-2021 and modification 11-15-2022, (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-475-5849 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be on the project site and accessible to the permit officer when the {project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2024 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Check in the amount of $100, was received on 12-15-2021 for the permit fee. Noah 1-11 iliam CAMA LOCAL PERMIT CSFFICIAL P. 0. Box 1000 M,ANNTTEO, NC 27954 PERMITTEE (Signature required if conditions above apply to permit) Name: Fresh Catch Minor Permit # 2021-46 MOD Date:12.17.2021 MOD 11.16.2022 Page 2 (5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of NORMAL WATER LEVEL (Estuarine Shoreline Area of Environmental Concern) in this case 18800 square feet is authorized (29.8%). (6) Unless specifically allowed in 15A NCAC 07H, 0209(d)(10) & (H), and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of NORMAL WATER LEVEL. (7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. (8) Any proposed for grading within the 30' buffer from the NORMAL WATER LEVEL must be contoured to prevent additional stormwate, .runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain In a vegetated state. (9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. SIGNATURE:— — DATE: PERMITTEE Dare County 2021-46 MOD Local Government Permit Number CAMA MINOR DEVELOPMENT 1-)T1J? /1r•r1 as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to Fresh Catch Seafood authorizing development in the Estuarine Shoreline (AEC) at 4331 Mill Landing Rd, in Wanchese, NC, as requested in the permittee's application, dated 12-15-2021 & modification 11-15-2022 and received on 12-15-2021 & modification on 11-15-2022. This permit, issued on 12-17-2021 & modification on 11-16-2022, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: the replacement of a fuel tank inside the 30-foot Buffer, modified to show new location as site plan depicts. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on 12-15-2021 and modification 11-15-2022. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-475-5849 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2024 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Check in the amount of $100, was received on 12-15-2021 for the permit fee. ZNoah H G li lam CAMA LOCAL PERMIT FFICIAL P. 0. Box 1000 MANTEO, NC 27954 PERMITTEE (Signature required if conditions above apply to permit) Name: Fresh Catch Minor Permit # 2021-46 MOD Date:12-17-2021 MOD 11-16-2022 Page 2 (5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of NORMAL WATER LEVEL (Estuarine Shoreline Area of Environmental Concern) in this case 18800 square feet is authorized (29.8%). (6) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10) & (H), and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of NORMAL WATER LEVEL. (7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. (8) Any proposed for grading within the 30' buffer from the NORMAL WATER LEVEL must be contoured to prevent additional stormwator runoff to the adjacent marsh, This area shall be immediately vegetatively stabilized, and must remain in a vegetated state. (9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. SIGNATURE: G/ DATE: PERMITTEE Engineering - Environmental - Land Planning & ASSOCIATES, LTD. lbemarle www.AlbemarleAssociates.com Fax: (252) 441-0965 Phone: (252) 441-2113 Kill Devil Hills, NC 27948 P.O. Box 3989 115 West Saint Clair St. Certificate of Licensure No. C-1027 SEAL 16759 N O R T H C A RO LI N A P R O F E S SIO N A L ENGIN E E R J O H N M. D E L U C I A , PE K: \ A c t i v e P r o j e c t s \ 0 8 5 6 5 - F r e s h C a t c h S e a f o o d \ C a d d F i l e s \ 0 8 5 6 5 A - S i t e . d w g , 1 1 / 1 5 / 2 0 2 2 2 : 5 8 : 3 6 P M , 1 : 1 , A L B E M A R L E & A S S O C I A T E S , L T D . C - 1 0 2 7 Dare County 2021-46 MOD Local Government Permit Number CAMA MINOR DEVELOPMENT Yli1?MIT as authorized by the State of North Carolina,Department of Environment, and Natural Resources and the Coastal Resources Commission for development In an area or environment concern pursuant to Section 113A-118 of the General Statutes,"Coastal Area Management" Issued to Fresh Catch Seafood authorizing development in the Estuarine Shoreline (AEC) at 4331 Mill Landing Rd. in Wanchese, NC, as requested in the permittee's application, dated 12-15-2021 & modification 11-15-2022 and received on 12-15-2021 & modification on 11-15-2022. This permit, issued on 12-17-2021 & modification on 11-16-2022, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action,or may cause the permit to be null and void. This permit authorizes:the replacement of a fuel tank inside the 30-foot Buffer,modified to show new location as site plan depicts. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s)dated received on 12-15-2021 and modification 11-15-2022, (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-475-5849 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty(20)days of the issuing date. This permit must be on the project site and accessible to the permit officer when the project Is Inspected for -- compliance. Any maintenance work or project modification not covered under this permit,require further written permit approval.All work must cease when this Noah H' illam permit expires on: DECEM[iER 31,2024 CAMA LOCAL PERMIT 6FFICIAL In issuing this permit it is agreed that this project is consistent with the local Land P. 0. BOX 1000 Use Plan and all applicable ordinances.This permit may not be transferred to MANTEO, N 27954 another party without the written approval of the Division of Coastal Management. Check in the amount of$100,was received on 12-15-2021 for the permit PERMITTEE fee. (Signature required if conditions above apply to permit) Name: Fresh Catch Minor Permit#2021.46 MOD Date: 12.17-2021 MOD 11.16.2022 Page 2 (5)The amount of impervious surface shall not exceed 30%of the lot area within 75 feet of NORMAL WATER LEVEL(Estuarine Shoreline Area of Environmental Concern)in this case 18800 square feet is authorized (29.8%). (6)Unless specifically allowed in 15A NCAC 07H.0209(d)(10)&(H),and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of NORMAL WATER LEVEL. (7)All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land-disturbing activities,a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. (8)Any proposed for grading within the 30' buffer from the NORMAL WATER LEVEL must be contoured to prevent additional stormwate;runoff to the adjacent marsh.This area shall be immediately vegetatively stabilized,and must remain in a vegetated state. (9) All other disturbed areas shall be vegetatively stabilized(planted and mulched)within 14 days of construction completion. IIIII L��. SIGNATURE:— — DATE: PERMITTEE Dare County 2021-46 MOD Local Government Permit Number CAMA MINOR DEVELOPMENT r�r:rarvn•r as authorized by the State of North Carolina,Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes,"Coastal Area Management" Issued to Fresh Catch Seafood authorizing development in the Estuarine Shoreline (AEC) at 4331 Mill Landing Rd, in Wanchese, NC, as requested in the permittee's application, dated 12-15-2021 & modification 11-15-2022 and received on 12-15-2021 & modification on 11-15-2022. This permit, issued on 12-17-2021 & modification on 11-16-2022, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action,or may cause the permit to be null and void. This permit authorizes:the replacement of a fuel tank inside the 30-foot Buffer,modified to show new location as site plan depicts. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s)dated received on 12-15-2021 and modification 11-15-2022, (2) All construction must conform to the N.C, Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development,construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-475-5849 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons _ within twenty(20)days of the issuing date. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit,require further written permit approval.All work must cease when this Noah H Illam permit expires on: DECEMBER 31,2024 CAMA LOCAL PERMIT/FFICIAL In issuing this permit it Is agreed that this project is consistent with the local Land P. 0, BOX 1000 Use Plan and all applicable ordinances. This permit may not be transferred to MANTEO, NC 27954 another party without the written approval of the Division of Coastal Management. Check in the amount of$100,was received on 12-15.2021 for the permit PERMITTEE fee. (Signature required if conditions above apply to permit) Name: Fresh Catch Minor Permit#2021-46 MOD Date: 12.17-2021 MOD 11-16-2022 Page 2 (5)The amount of impervious surface shall not exceed 30%of the lot area within 75 feet of NORMAL WATER LEVEL(Estuarine Shoreline Area of Environmental Concern)in this case 18800 square feet is authorized (29.8%). (6)Unless specifically allowed in 15A NCAC 07H.0209(d)(10)&(H),and shown on the permitted plan drawing, all develop me nt/construction shall be located a distance of 30 feet landward of NORMAL WATER LEVEL. (7)All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land-disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. (8)Any proposed for grading within the 30'buffer from the NORMAL WATER LEVEL must be contoured to prevent additional stormwater runoff to the adjacent marsh.This area shall be immediately vegetatively stabilized,and must remain in a vegetated state. (9) All other disturbed areas shall be vegetatively stabilized(planted and mulched)within 14 days of construction completion. SIGNATURE: G/ DATE: PERMITTEE / / 1090 x� o FACE OF EXISTING a . ° BULKHEAD AND w `' d° 8 4 SHORELINE p Q d U d to e e a e 1170 Q ,' :PROPO BULKHEAD X wD A W e . J Ld Q e . m 9 •, ' Q a, X��50 EXISTING FUEL TANK TO BE REPLACED ° ±99 LF OF BULKHEAD : t�ffffftff 00 PROPOSED DURING .d 1 PLACEMENT OF PROPOSED N ' / FUELING TANK N (NCDCM GP86455)CN �•' t � o a: _ ol 16759 e 4'' 4. .-I-.. "'4 d a• \ LC) / / / r / / / / I / r /i / FUTURE / / / / / r / / / ) r / r r oc a �"t BULKHEAD 9.50 CD / / / / . . . . . . xWD cn / / / / PROPOSED NFPA APPROVEDr / n.es 600 xyyp 12,000 GALLON UL-2085 '� ° xWp DUEL COMPARTMENT PUBLIC' / / / / MARINE CRAFT FUELING TANK o / (12' DIA X 14.25' LENGTH) < c ' ' ' ' (CAMA MINOR PERMIT 2021-46)' ' ' ° U r / / / / / / / / /PAReEL' YWO. . . . . . . . . . / (f2'2,18'S 'S.'1-.'LANt)Y ' ' . . ' ' ' ' N.F.I.P. ZONE: / / r / / / / / / /I/ —a-14.3 —1 \ (�0„29$ S F, Jo.TA-). , I• N.�.I.P. ZONE: "AE" (B.F.E.: 4. piPPRBi(IMAF€ —I "X" (0.2%) R.F.P.E.: 8.0' CATION Of R.F.P.E.: 8.0' I6TIN6 DRAIN► m / / r r r —P49LP—_J ° - -3d (AMA $l R - - --- -- - / / / / / / / / / / r - - --_. --- - / / r r / / r / / / / r / r r r r r r / / r / I; / / G FE13- TAW I = ' lbemarle SCALE: 1" = 20' - iI FRESH CATCH SEAFOOD &ASSOCIATES, LTD. U SCALE: 1' - 20' Eineeflo-Errvronmental-LaMPlanni NOVEMBER 29, 2021 115 West Saint Clair St. Phone:(252)441-2113 REV. DECEMBER 15, 2021 P.O.Box 3989 Fax: (252)441-0965 REV. NOVEMBER 11, 2022 Kill Devil Hills,NC 27948 www.AlbemadeAssociates.com Certificate of Licensure No.C-1027 Y