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HomeMy WebLinkAbout18-13 Duck Creek Small Harbor LLC'Permit Class NEW Permit Number 18-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Duck Creek Small Harbor, LLC, PO Box 40, Bridgeton, NC 28519 Authorizing development in Craven County at Duck Creek, 698 & 699 Calloway Road, Bridgeton as requested in the permittee's application dated _ 11/25/12 including the attached workplan drawings(2), Sheet 1 of 2 dated revised 11/14/12 and Sheet 2 of 2 dated 11/14/12 This permit, issued on Fvhniary 4, NJ I , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile fmfish resources, no excavation shall be permitted between February 15 and September 30 of any year without prior approval of the Division of Coastal Management in consultation with the NC Wildlife Resources Commission and the US Army Corps of Engineers. 2) Unless specifically altered herein, no excavation shall take place outside the area indicated on the attached workplan drawings. 3) Excavation shall not exceed -7 feet below the normal water level. In no case shall the depth of excavation exceed the depth of the connecting waters. Overdredging is specifically prohibited. (See attached sheets for Additional Conditions) This permit action may be appealed by the petmittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 J/ personnel when the project is inspected for compliance. L Braxton C.) vis, Director Any maintenance work or project modification not covered Division Of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. This permit and its conditions are hereby accepted. Signature ofPermittee Duck Creek Small Harbor, LLC Permit #18-13 Page 2 of 4 ADDITIONAL CONDITIONS 4) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. 5) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 6) All excavated materials shall be confined above normal water and landward of regularly or irregularly flooded marsh behind adequate dikes, pond walls or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal water level to prevent gully erosion and unnecessary siltation. 8) :_ The 3 check dams shall be in place prior to initiation of dredging. 9) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the outer wall and a maximum distance from spillways to allow settlement of suspended sediments. 10) A mater control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 11) The diked disposal area shall be constructed a sufficient distance from the normal water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 12)- The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Sedimentation and Erosion Control 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Channel Markers 15) The channel markers shall conform with any and all appropriate regulations governing such structures, including but not limited to marking and lighting requirements of the N.C. Wildlife Resources Commission and/or the U.S. Coast Guard. Duck Creek Small harbor, LLC Permit #18-13 Page 3 of 4 ADDITIONAL CONDITIONS US Army Corps of Engineers Conditions ' 16) In order to prevent adverse impacts to water quality in the marina basin, the maintained depth of the basin should not exceed the permitted channel depths (-7NWL). 17) The height of material placed in the existing borrow pond on the property may not exceed the height of adjacent wetlands. Maintenance Clause 18) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. General -19) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 20) No wetlands or open water areas shall be excavated or filled, even temporarily, outside of the area as indicated on the attached workplan drawings. 21) 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. 22) The permittee 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 permittee is advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Neuse River basin. Contact a representative of the Division of Water Quality at (252) 946-6481 for more information concerning allowable uses within the Neuse River Buffer. Duck Creek Small Harbor, LLC Permit #1843 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252)808-2808 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 12-1110, and Buffer Authorization dated 1/25/13. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2013-00137 which was issued on 2/4/13. IN MP-1 APPLICATION for Major Development Permit NOV 2 6 6 2012 (last revised 12/27/06) ��y_1yTtjp CITY North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Duck Creek Small Harbor Llc Duck Creek Marina MI Applicant 1: First Name Last Name F Charles Benton Last Name Applicant 2: First Name MI Gene R Benton Robert E Delorme If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 40 Bridgeton NC ZIP Country Phone No. FAX No. 28519 USA 252-638-1702 ext. 253-637-2045 Street Address (if different from above) City State ZIP 699 Calloway Road Bridgeton NC 28518- Email ctb2@suddenlink.net 2. Agent(Contractorim'brnation Business Name Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name Charles MI S Last Name Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address 296 Bay Drive PO Box I City Smyrna State NC ZIP 28579 Phone No. t 252-729-9711 ext. Phone No. 2 252-725-0488 ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email cjonesl9@ec.rr.com 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form QCM MP-1 (Page 3 of 5) RECEIVED APPLICATION for Major Development Permit NOV 2 6 2012 3. Project Location County (can be multiple) Street Address tate Rd. # Craven 698 and 699 Calloway Road Subdivision Name city State Zip Bridgeton NC 28519 - Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 638 -1702 ext. 2,698 Calloway Rd, 699 Calloway Rd, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Bridgeton 4. Site Description a. Total length of shoreline on the tract (it) b. Size of entire tract (sq.ft.) approx. 2,085' 583.704 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) of 12.7 ac., .7 ac., NWL (normal wafer level) (If many lot sizes, please attach additional page with a list) 8' ❑NHW or ®NWL e. Vegetation on tract Grass lawns, wetlands and trees f. Man-made features and uses now on tract Commercial marina/boat yard facility, one residential structure g. Identify and describe the existing land uses ad6iacent to the proposed project site. Presently undeveloped h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Tract is not zoned (Attach zoning compliance certificate, if applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No It. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MPA (Page 4 of 5) { RECEWED APPLICATION for NOV 2 6 2017Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No DCM `�: (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic Tanks o. Describe existing drinking water supply source. Private well p. Describe existing storm water management or treatment systems. na 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore water depths to a channel serving an existing commercial marina and boat yard/repair facility c. Describe the proposed construction methodology, types of construction equipment to be used dump construction, the number of each type of equipment and where it is to be stored. A hydraulic dredge will be utilized for the excavation; backhoe, dump truck will be utilized for dike work and riprap placement for check dams and scour apron. d. List all development activities you propose. Excavation of existing access channel leading into marina basin e. Are the proposed activities maintenance of an existing project, new work, or bath? Maintenance f What is the approximate total disturbed land area resulting from the proposed project? 2.1 ac (max. creek bottom disturbance) 24,000 sq.ft.(pond bottom) SSq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Dredged material will be pumped (discharged) into an existing man-made pond. Water overflow will be discharged into an existing ditch which ultimately empties into Duck Creek I. Will wastewater or stormwater be discharged into a wetland? ❑Yes []No SNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SNA j. Is there any mitigation proposed? []Yes SNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 .. 1.888.411 ,uAy i .. www.nccoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, Deady indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Jeanette Hunter and Jacqueline Lane Phone No. 252-6384974 Address 130 Blueberry Lane, New Bem, NC 28560 Name Rivershore LLC Phone No. 252-633-5106 Address PO Box 12006, New Bern, NC 28561 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Dredge and Fill Permit #196-76 (and subsequent modifications) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property ownet) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date November 25, 2012 Print Name Charles Jones Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252.808.2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net SnUdy"Itrl'Il7 NOV 2 6 2012 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) DCM-MHD CITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 2,359 Width 30'-49 Avg. Existing 5.5' NWL NA NA Depth Final Project T NWL NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. approx. 5,000 cu. yds. c. (1) Does the area to be excavated include coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (it) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. within an existing man-made pond c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL 24000 ❑None (ii) Describe the purpose of disposal in these areas: Spoil from dredging operation will be placed in an existing pond that the USACOE has claimed jurisdiction. The pond is separated by uplands to any adjacent wetland and has no direct connections to wetlands or water areas. ❑This section not applicable mud/silt d. High -ground excavation in cubic yards. na area. 160' x 150' x 12' ❑This section not applicable d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (it) If yes, where? Existing pond if appropriate and pennittable f. (i) Does the disposal include any area in the water? ®Yes []No ❑NA (ii) If yes, how much water area is affected? Spoil will be placed within an existing man-made pond which has no connection to adjacent streams, ditches or Duck Creek 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 # RECEIVBD Form DCM MP-2 (Excavation and Fill, Page 2 of 3) NOV 2 6 701? a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill []Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill _ Riprap Breakwater/Sill _ Other I. Source of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water Riorao will be Placed within an existing ditch (iii) Dimensions of fill area 1(0D11.5' x 9": 2(a! 6'X2' (max)' (iv) Purpose of fill To povide additional sedimentation/scouring prevention measures from the effluent discharge of the spoil disposal site 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Spoil material will be placed within an existing berrned pond. It is anticipated that the final grade of the spoil material will be at an elevation below the existing pond water level c. (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. Duck Creek Marina Date November 25, 2012 submerged aquatic vegetation (SAV), shell bottom (56), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? hyraulic dredge, backhoe, dumptruck d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Project Name 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.n_et revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Charles Jones Ap i Nam .�.�y Applicant Signature RECEIVED e NOV 2 6 2012 DCM-MHD CrfY 252.808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagement.net revised: 12/26/06 � Ivan Form DCM MP-4 NOV 2 6 2012 STRUCTURES DCM-MUD CITY (Construction within Public Trust Areas) Attach this forth 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 ❑PubliclGovemment ❑Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No c. (i) Dock(s) and/or piers) d. (i) Are Finger Piers included? ❑Yes ❑No (ii) Number If yes: (III) Length (ii) Number (Iv) Width (iii) Length (v) Floating []Yes []No (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating []Yes []No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or _ (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marina supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel []Open water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes ❑No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ❑Yes []No 252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanaglement. net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) M' RECEIVED V 11, J 6 2012 2. DOCKING FACILITY/MARINA OPERATIONS "" `'WhiS 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 ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge' signs proposed. (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 of? h. Give the number of channel markers and "No Wake" signs proposed. i. 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 liveaboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252-808-2808 :: 1-888-4RCOAST :: www_.nccoastaiman_agement.nr Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No gi6'piVEB o. Is the marina/docking facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAS, shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB NOV 2 6 2912 ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No DCM-MHD MY If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered tifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpfle, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑Public/Govemment ❑Private/Community c Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1-888-4RCOAST :: www.r ccoastalmanaAement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Proposed channel markers will be a minimum of 40' from any adjacent property owner Nofe: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body varies from approx. 50' to 400' e. (i) Will navigational aids be required as a result of the project? ®Yes []NO ❑NA (ii) If yes, explain what type and how they will be implemented. Seven (7) new pile supported channel markers will be placed at the edge of the dredged channel. They will be marked in accordance with applicable US Coast Guard and NC Wildlife Commission regulations b. Proximity of structure(s) to adjacent docking facilities. One proposed channel marker will be within 30' of applicant's marina docks d. Water depth at waterward end of structure at NLW or NWL Proposed depth of -T nwl deep RECEIVED NOV 2 6 2012 DCM-MHD CtTy I & OTHER ®This section not applicable a. Give complete description: November 25, 2012 Date Duck Creek Marina Project Name Charles Jones pl n Nam Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagernent.net revised: 12127106 WA I CD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Duck Creek Small Harbor, LLC P.O. Box 40 Bridgeton, N.C. 28519 Dear Sir or Madam: Braxton C. Davis Director February 4, 2013 John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time. extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DCM Coordinator: �pinj2—\� Permit #: \ 9 �3 MAILING DISTRIBUTION SHEET Permitee: ti kC Mf-K SVy a \ �n� r, L L C Agents: znt11 ✓ DCM Field Offices E ' City / Morehead City on Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: , Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: (with revised work plan drawings) Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecdme (NC DOT) Renee (environmental.review@ncdcr.gov)� f en P atti Fowler im Walto Kare 7J Hennessy (NC DOT) Washington: Wilmington: Joanne Steenhuis — 1 Chad Coburn - 401 Wildlife Resources: - aria Dunn (WARD) f Coastal Management: onda Berm ' LPO: Fax Distribution: Permitee Agent #:. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director February 15, 2013 MEMO TO: James C. Briley, Jr. Duck Creek Small Boat Harbour, LLC FROM: Doug Huggett� Major Permits and Consistency Coordinator THRU: Brad Connell ifi Field Representative SUBJECT: Moratorium Relief for CAMA Permit No. 18-13, Duck Creek Marina John E. Skvada, III Secretary Your request to have a one-time extension beyond February 15, 2013 was received on February 14, 2013. Your request was to extend the dredging activity until February 20, 2013. The NC Wildlife Resources Commission and the US Army Corps of Engineers has agreed to grant a one-time exception to Condition No. 1 by allowing the dredging activity until February 22, 2013. This letter of approval should be attached to the original of Permit No. 18-13, as well as any subsequent permit refinements, and copies of all documents shall be readily available on site when a Division representative inspects the project for permit compliance. Please feel free to contact me at (252) 808-2808 should you have any questions concerning this matter. Cc: Ted Tyndall, DCM Roy Brownlow, DCM Charles Jones, Jones Consulting Enclosures 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmahve Action Employer DUCK CREEK SMALL BOAT HARBOR P. O. BOX 248 PH. 638-1702 PH. 637-2045 BRIDGETON, N.C. 28519 February 14, 2013 Mr.Brad Connell NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: CAMA Permit No. 18-13 Dear Mr. Connell: In accordance with Condition 1), Duck Creek Small Harbor wishes to request an extension to the time period which restricts dredging between the dates of February 15 and September 30 of any year without prior approval of the Division of Coastal Management in consultation with the NC Wildlife Resources Commission and the US Army Corps of Engineers. Unusually bad weather conditions and minor mechanical issues have delayed and slowed our dredging operation. However, the dredge is on - site and currently working smoothly. Our contractor believes he would need no more than five working days beyond the February 15 date to complete the dredging project. Thank you for your consideration and if you have any questions, please contact me at your convenience. Sincerely, Duck Creek Small Harbor, LLC Connell, Brad From: Wheeler, Tracey L SAW [Tracey.L.Wheeler@usace.army.mil] Sent: Thursday, February 14, 2013 4:49 PM To: Connell, Brad Cc: Brownlow, Roy; Huggett, Doug, Howell, Jonathan; Dunn, Maria T. Subject: RE: Duck Creek Marina, Craven County (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Brad, Based on the circumstances, a one time extension until February 22 would be acceptable. Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. -----Original Message ----- From: Dunn, Maria T.[mailto:maria.dunn(a)ncwildlife.ors] Sent: Thursday, February 14, 2013 4:46 PM To: Connell, Brad; Wheeler, Tracey L SAW Cc: Brownlow, Roy; Huggett, Doug; Howell, Jonathan �(/J/� Subject: RE: Duck Creek Marina, Craven County �rJ /�J M Brad, (1 — ,r Our agency understands the recent inclement weather and it's likely impact on finishing the recently permitted project prior to the start of the moratorium. Therefore we would not object to allowing a one-time extension until February 22, 2013 to complete the currently unfinished project. If you have any comments or questions, please give me a call. Thank you. Maria Maria T. Dunn, NE Permit Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall, Washington, NC 27889 (252) 948-3916 / www.ncwildlife.ora <http://www.ncwildlife.orp/> Get NC Wildlife Update<http://www.ncwildlife.orjz/Enews/index.htm> -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox from the N.C. Wildlife Resources Commission Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Connell, Brad Sent: Thursday, February 14, 2013 2:52 PM To: Dunn, Maria T.; Wheeler, Tracey L SAW Cc: Brownlow, Roy; Huggett, Doug; Howell, Jonathan Subject: Duck Creek Marina, Craven County Importance: High Mrs. Dunn and Mrs. Wheeler, This correspondence is a follow-up from the voice mail message I left with you earlier today. Today, the DCM received a request from Duck Creek Marina for some relief from the dredging moratorium condition of their permit. Due to poor weather conditions lately, the authorized maintenance dredging of the channel has been delayed (as they cite in their request letter). They are requesting an additional five days beyond the February 15th deadline to complete the work. Will your agencies honor, or deny, this request? Your prompt attention to this matter is greatly appreciated Brad Connell Field Representative NC Division of Coastal Management co - 2 Peace be with you. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Classification: UNCLASSIFIED Caveats: NONE 3 Connell, Brad From: Dunn, Maria T. Sent: Thursday, February 14, 2013 4:46 PM To: Connell, Brad; Wheeler, Tracey L SAW Cc: Brownlow, Roy; Huggett, Doug; Howell, Jonathan Subject: RE: Duck Creek Marina, Craven County Brad, Our agency understands the recent inclement weather and it's likely impact on finishing the recently permitted project prior to the start of the moratorium. Therefore we would not object to allowing a one-time extension until February 22, 2013 to complete the currently unfinished project. If you have any comments or questions, please give me a call. Thank you. Maria Maria T. Dunn, NE Permit Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall, Washington, NC 27889 (252) 948-3916 / www.ncwildlife.org Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox from the N.C. Wildlife Resources Commission Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Connell, Brad Sent: Thursday, February 14, 2013 2:52 PM To: Dunn, Maria T.; Wheeler, Tracey L SAW Cc: Brownlow, Roy; Huggett, Doug; Howell, Jonathan Subject: Duck Creek Marina, Craven County Importance: High Mrs. Dunn and Mrs. Wheeler, This correspondence is a follow-up from the voice mail message I left with you earlier today. Today, the DCM received a request from Duck Creek Marina for some relief from the dredging moratorium condition of their permit. Due to poor weather conditions lately, the authorized maintenance dredging of the channel has been delayed (as they cite in their request letter). They are requesting an additional five days beyond the February 151h deadline to complete the work. Will your agencies honor, or deny, this request? Your prompt attention to this matter is greatly appreciated. Brad Connell �Op Field Representative NC Division of Coastal Management Peace he with you. E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. ***This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11ro1n012) Applicant: Duck Creek Small Harbor, LLC Date: 11128/2012 Project Site County: Craven Staff: Brad Connell District: Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Duck Creek Marina Date of initial application submittal (EX: 1/8/2007): 11/26/2012 Date application "received as complete" in the Field office (EX: 1/8/2007): 11/262012 Permit Authorization: PNA: Yes ®No Photos Taken: Yes ❑ No® Setback Required (riparian): Yes M No Critical Habitat: Yes ONo ONotSure 15 foot waiver obtained: 0Yes No Hazard Notification Returned: ❑Yes ®No SAV: 0Yes SNo ❑Not Sure Shell Bottom: Yes ®No Not Sure Temporary Impacts: JAYes No Sandbags: ❑Yes ®No []Not Sure Did the land use classification come from county LUP: ®Yes []No Mitigation Required (optional): ❑Yes []No Moratorium Conditions: IDYes No ❑NA Environmental Assessment Done: []Yes ❑No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional U (LS) Sea lavender (Limonium sp.) U (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) LJ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis Ll (SC) Bullrush or three square (Scirpus U (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus El (SP) SalUmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 U III(B) Public or commercial w/ D&F to 1 Ll Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - 0 It. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 NC'Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Duck Creek Marina Date: 11/28/12 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 1 New Work ❑ Replace Access channel Maint ® MY ❑ N 2 350' 30' -7' Fill (pond) 1 New Work Replace 160' 150' 12' Maint ❑ ❑ Y ON Rip rap 3 New Work Replace 6 2 Maint ❑ ❑ Y ON Channel markers 7 New Work Replace Maint ® By ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work Replace Maint_❑ ❑ Y ❑ N revised O2/15/10 I NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Duck Creek Marina Date: 11 /28/12 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount DB 91,476 tt 91,476 ft2 Dredge ® Fill ❑ Both ❑ Other ❑ WL Dredge ❑ Fill ® Both ❑ Other ❑ 24,000 ftZ 24,000 It' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanauement.net revised: 02/15/10 h m w r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary November 28, 2012 The Sun Journal Legal Advertisement Section P.O. Box 1149 New Bern, NC 28563 Re: Public Notice — Duck Creek Marina Dear Sir: Please publish the attached Notice in the December 9, 2012 issue of The Sun Journal. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, l/ �1 Brad Connell Coastal Management Representative Enclosure cc: Doug Huggett Roy Brownlow 400 Commerce Ave., Morehead City, NC 28557 te Carolina Phone: 252-808-28081 FAX: 252-2473330 Internet: www.ncooastalmanagement.net Carollin An Equal Opportunity 1 Affirmabw Action Employer LEMA Y� WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 26, 2012. According to said application, Duck Creek Small Harbor, LLC proposes to dredge the existing access channel leading into Duck Creek Marina adjacent to Duck Creek at 699 Galloway Road near Bridgeton. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to December 31, 2012, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: December 9, 2012 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-8W-28081FAX: 252-247-3330Internet: www.nrcoastaimanagement.net N Naturally y Calrryohna An Equal Opportunity 1 Atfinnafive Action Employer atu ally Date/Time Fax Number Fax Name Model Name No. Name/Number 843 96384580 Fax Send Report NOV-28-2012 05:38PM WED DCM MHDCTY SCX-5x30 Series g� , 8U, 0.18'J StartTime Time Mode Page Result 11-28 05:37PM 00'37 ECM 002/002 0.K flue p[L�-LIZ 24Y Ntl]IAW2'WPZSZ a+�ud LS5YJry Npwawrory'wtla✓wuwgJ Wa n4fnH boy naS8aH 8nod :a amaapu3 anugluaxvdaa JuauLaBewµ laJsao� {��pU��IaI—anw/ ojy�2'ap�ja�(+/g '(lazvmg 'aagJo Ap peayaLoµ may am p�aluM xaald tuoyxanb iw anry pinoye no L'npem sryJm aawJxn. moo mq Wa(JPLvgI, 'OWNS (ZSZ) agog 1@161LSSSZ gg8we3 qu.N'p!p peaga+oµ wnyaa+amlvo�eppyuuma8�ucµ lepeop Jo ao! nld ON'vgJvagaS us.!" of-wwpul8po vupug 'aagau pMllgad agjj. Sdm pulBPo ve ylne ya ayJ pux aeva.A 'SwUmpe+oded.. Lnd mmv.(iououd ungnpgndJoqnupgtllemeuu uu xai rvama8wvyy Pug la8"gj-o --"g'S aU '[..f wg a,Jq anxI ZIOZ'6+x1 axp ayJ q!aopoN Pagxne aqJ gs!Ignd xealA ng Lead "'K iaa+3 tlov0—aa9oN aI1gg, :ail C998Z 0N'—([—N 6W .8'0'A uo91aS Jwaxl> Pv RSa'1 IIOZ'Bz-q—n-K lewaaf ua9 'Au. Jmepa3 ueeWgii eaq MJaNey 181NeN L.gp enpiW sand AWM�g eU11WHO WON ■ CorrUete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplace, or on the front If space permits. 1. Article Addressed to: �fJerS�.o[z�f LCC zgsG i A ///�- /!/ 13 Agent Sig X 7�w �""" ^'J ❑ Addrei B. Received by (PrintedC. Date of L ca a r61— /c fasqf 1 d D. Is delivery address arterial from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No & Type P.Cosirtified Mall ❑ Express Mail Registered ❑ Return Receipt for MemAundIN ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? P tia Fee) ❑ Yes 2. Article Number !Transfer from seMce label) 7012 1010 0003 0996 7026 Ps Form 3811. February 2004 Domestic Return Receipt 10259s02-u-Is o 7012 1010 0003 0996 7019 7012 1010 0003 0996 7026 g i5 3 nm 33 �m e � • • - e7kgi fu � �O v rp �$g a 0 ca DCM:OD CYFY USPS.c[{n®- Track & Confirm https://tools.usps.com/go/TrackConfinnAction inpiVqtc tLabels1=70... F...ii.h Customer "USP,SCOM USPS Rwid.r I Rion In Mobile Search USPS.com or Track Packa Quick Tools Ship a Package Send Mail Track & Confirm GET EDIAIL ITPDATE9 - YOUR LABEL NUMBER SERVICE STATUS OF YOURITEM 70121010000309%7019 First -Class Mail® Delivered Check on Another Item What's your label (or receipt) number? Manage Your Mail Shop Business Solutions DATE & TIME LOCATION FEATURES November 27, 2012, NEW Expected Delivery 9:07 am BERN, NC 28560 By: November 27, 2012 Certified Mae Return Receipt Arrival at Unit November 27, 2012, NEW 8:01 am BERN, NC 28562 Dispatched to Sort November 26, 2012, MOREHEAD Facility 4:12 pm CITY, NC 28557 Acceptance November 26, 2012, MOREHEAD 1:17 pm CITY, NC 28557 LEGAL ON USPS.COM Privacy Policy > Government Services > Terms of Use > Buy Stamps & Shop > FOW > Print a Label with Postage > No FEAR Act EEO Data) Customer Service > Site Index > Copyright® 2012 USPS. All Rights Reserved ON ABOUT.USPS.COM About USPS Home > Newsroom > Mail Service Updates > Forms & Publications > Careers > OTHER USPS SITES Business Customer Gateway > Postal Inspectors > Inspector General > Postal Explorer > N0� 2 6 7012 DCM MHD CITY 1 of 1 12/4/2012 10:06 AM iorti(; rollr;a Cl oartrneni of Environment and Natura �'vesourees Di>>isioji of Coastal :4lanagemeni 6e %erly Eaves Perdue B; <ton C. h<; is Gr.iemor Director November 28, 2012 Duck Creek Small Harbor, LLC c/o Charles Benton P.O. Box 40 Bridgeton, NC 28519 FIT-PWWW-?4#T Moo Dee F,�eman Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located adjacent to Duck Creek at 699 Galloway Road near Bridgeton, Craven County. It was received on November 26, 2012, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 9, 2013. 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 November 26, 2012, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along 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. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity IAffnnaliveAdon Employer NorthCarolina Naturally 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 me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, key env#/ Brad Connell Coastal Management Representative 9Q Enclosure CC: Ted Tyndall, Assistant Director (c/o Braxton Davis, Director) Doug Huggett, Major Permits & Federal Consistency Coordinator Roy Brownlow, District Manager Charles Jones, Jones Coastal Consulting, Inc. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 ARrmalive Action Employer ne NorthCarolina Naturally . 4E r^ - F i PROJECT: Maintenance excavation of existig access channel adjacent to Duck Creek at 699 Galjoway Road near Bridgeton, F.-I -.�I`�`���`{E$'�� I S ACCEPTED THROUGH ! December31, 2012 Duck Creek Harbor, c/o Chairles Benton Bridgeton, MC 28519 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BE Brad Connell - ®CM 400 Commerce Avenue Morehead City, MC 28557 (252)808-2808 tF N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 1 U - ,?— S --12� Name of Property Owner Applying for Permit: 1 uc,l< CJeC-c L-, SMt-VI It -!Vlaihng Address:--- - --- �o3ox (Zt �GCT'oN� �G a g514 DECEIVED NOV 2 6 2012 DCM-MHD CITY I certify that 1 have authorized (agent)�61?.'e5 Jpn12s to act on my behalf, for the purpose of applying for and obtaining all CAJMA Permits necessary to 1 install or construct (activity) 10 Q�40. i r) dt2!c�j/js at (my property located at) This certification is valid thru (date) -S - 1 - Prrty Owner Signature Image ID: 000002320387 Tvps: CRP Recorded: 08/33/2012 at 31:08:12 AM Fee Amt: $28.00 Page 1 of 9 Revenue Tex: $0.00 Workflow# 0000071687-0003 Craven, NC Sherri B. Richard Register of Deeds BK3098PD737 RECEIVED NOV 2 6 2012 DCM MAD Crfy NORTH CAROLINA EXECUTOR'S DEED CRAVEN COUNTY Prepared by Emanuel & Dunn, PLLC 2eVLr- v-1 S-171 ps. 0 Tax ID 2-037-034 and 2-037-067 THIS DEED, made this the It day of :Yt1N1£ , 2012, by and between FIRST -CITIZENS BANK & TRUST COMPANY, Executor of the Estate of RAYMOND E, BENTON, party of the first part; and FIRST -CITIZENS BANK & TRUST COMPANY, Trustee of that certain TRUST AGREEMENT entered into by RAYMOND E. BENTON as Grantor and FIRST -CITIZENS BANK & TRUST COMPANY as Trustee, dated December 4, 1990, as amended and restated on February 19, 2010, as further amended on August 12, 2011 (the "Trust"), ("Trustee"), party of the second part; and GENE RICHARD BENTON, CHARLES FRANKLIN BENTON and ROBERT DELORME in equal shares as tenants in common, whose address is P.O. DOK 14br4t Dc.E-Cot4., N C. 2 $ 51ot parties of the third part. WITNESSETH; THAT WHEREAS, RAYMOND E. BENTON, late of Craven County, North Carolina, died testate on the 21 st day of March, 2012; and :000- L 89IL0000CI 'ON A014I -IQM Imaqe ID: 000002120388 Type: CRP Paqe 2 of 9 BK3098 PG738 op RECENED N f 1 V 16 'r012 DCM-MHD CITY WHEREAS, FIRST -CITIZENS BANK & TRUST COMPANY qualified as Executor of the Estate of RAYMOND E. BENTON on March 27, 2012 in Craven County, North Carolina, and Letters Testamentary were issued by the Clerk of Superior Court of Craven County on March 27, 2012, Estate File 12 E 212; and WHEREAS, the Notice of Creditors of the Estate of RAY-MOND E. BENTON was first published on April 6, 2012; and WHEREAS, RAYMOND E. BENTON, at the time of death, was seized of the land hereinafter described pursuant to those certain deeds recorded in Book 872, at Page 848 and and Book 1139, at Page 106, in the office of the Register of Deeds of Craven County (his spouse, ELLEN AGNES BENTON, having predeceased him), and WHEREAS, less than two (2) years have passed since the death of RAYMOND E. BENTON; and WHEREAS, pursuant to the Will of RAYMOND E. BENTON, title vested in the Executor of the Estate, FIRST -CITIZENS BANK & TRUST COMPANY, the party of the first part; and WHEREAS, the pursuant to the terms of Article IV of the Will, the Executor of the Will is directed to distribute the residuary estate to the Trustee, and pursuant to the terms of the Trust, the Grantees (i.e. the parties of the third part) are the beneficiaries of the hereinafter Image ID: 000002120389 -rype: CRP papa 3 of 9 aK3098 pa739 described property and Trustee joins in the execution of this deed to indicate its agreement with the distribution in accordance with the terms hereof, NOW, THEREFORE, the party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to party in hand paid by the parties of the third part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell, grant and convey unto the parties of the third part, said parties' heirs and assigns, all those certain tracts or parcels of land more particularly described on that Schedule A attached hereto and incorporation herein. 1>;ECS m No title examination has been prepared by Emanuel & Dunn, PLLC, for NOV 2 6 2012 this lot or parcel of land, DOW-Mmary TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the parties of the third part, said parties' heirs and assigns forever as tenants in common. AND the party of the first part, does covenant that said party has not placed nor suffered to be placed any presently existing liens or encumbrances on the premises herein described and that it will warrant and defend the title to the same against the lawful claims of all persons claiming by, through, under or on account of the party of the first part. AND the party of the second part joins in the execution of this deed in order to waive all interest in said property, and to acknowledge the rights of the parties of the third part in and to their inheritance in and to said property under the terms of the Trust. ti►ii►itit►i► IQ: ►itii►itii►itii►itti►iti►ii►lilt►i►tiiiii►i►itii►itCRP tti►►tti►ii Page 4 of 9 aK3098 PG740 IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed in its corporate name by its Ar-9 President, all by order of its Board of Directors duly given, this day and year first above written, RBCENED NOV 2 6 2012 DCM-mm Crry FIRST -CITIZENS BANK & TRUST COMPANY Executor of the Estate of RAYMOND E, BENTON By: L A 4 (SEAL) Titl i LE ffw% FIRST -CITIZENS BANK & TRUST COMPANY Trustee of that certain TRUST AGREEMENT entered into by RAYMOND E. BENTON as Grantor and FIRST - CITIZENS BANK & TRUST COMPANY By: k.X L A, (SEAL) Title: Ic¢ %tCtp STATE OF COUNTY OF � jU fj 1 k- I, 6:gV a Notary Public in and for said County and State do hereby certify that �f personally appeared before me this day and acknowledged that he is the of First Citizens Bank &Trust Company, (as Executor) and that by authority duly given and as the act of the corporation, the foregoing Image ID: 000002120391 Type: CRP Page of 9 BK3098PG7T11 instrument was signed in its name by its ++,Witness my hand and seal, this the_ day of �A , 2012. NF ". IOTA q� - tary Public Signatu t�iprU B Lit U Notary Public Printed Name "-NN COUN ` .e xpires: �- Z/ STATE bF „``/�( tr COUNTY OF L. E /,(0 /Q 1, a Notary Public in and for said County and State do hereby certify that /h — personally appeared before me this day and acknowledged that _he is the of First Citizens Bank & Trust Company, (as Trustee) and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its �L?_, Witness my hand and seal, this theme 1 day oaf_. TrAl� E , 2012. N taPuP blic Signature �OTAq� Y,;/l A Notary Public Printed Name RECEIVED 'WoArr 482E'*' s: ,Z - (� • zy y NOV 2 6 2012 DCe .MHD Crry TRACT I: Image ID: 000002120392 Type: CRP Page 6 of 9 6K3098 P0742 SCHEDULE A All that certain tract or parcel of land lying and being situate in Number Two Township, Craven County, North Carolina, and being more particularly described as follows: Being a portion of Tract No. 9 of Wyatt Place - Riverview Park as shown and delineated on a map recorded in Map Book 2, Page 130, in the office of the Register of Deeds of Craven County and being more specifically described as follows: Beginning at an iron pipe in the line dividing Tract No. 9-of Wyatt Place - Riverview Park and Tract No. 8 of Wyatt Place - Riverview Park, both as shown on the aforesaid mab, said iron pipe being located at the intersection of said line and Duck Creek. Thence from this point of beginning so located along the line dividing said tracts North 26° 37' West 2799.19 feet to an iron pipe; thence South 63° 43' West 250 feet to an iron pipe in the southern line of Tract No. 9; thence along and with the southern line of Tract No. 9 South 26° 37' East 2522.38 feet to an iron axle; thence North 56° 23' East 50.38 feet to an iron pipe; thence North 260 37' West 61.41 feet to a point; thence North 810 9' East 134.91 feet to a point; thence South 22' 16' East 288.66 feet to a point marking the inter- section of the channel of a canal and Duck Creek; thence up and with Duck Creek North 730 39''East 94.94 feet to the point of beginning.. Being the property depicted as Parcel "A" on a map entitled "Survey and Division of Wiley Nelson Land for Raymond Ben on" said map being recorded in Plat Cabinet'ft , Slide _a j the. office of the Register of Deeds of Cravenin County. TOGETHER WITH a non-exclusive easement and right-of-way over the easement described by Deed of Easement recorded in Book �? i Z , Page S? qS in the office of the Register of Deeds of Craven County, reference to said Deed of Easement being hereby made for a more perfect description of same and together with adjacent riparian rights in and to Duck Creek. NOV 2 6 2012 DCM MAD C[TY THIS CONVEYANCE IS MADE SUBJECT TO COVENANTS, CONDITIONS, RESTRICTION which shall run with the land here and shall also attach to and run w de$cribed on the ap recorded in P Slide , in the office Register of Deeds of Craven County "B", whether or not same shall be kLny deeds to said property: Image ID: 000002120393 Type: CRP P aqe 7 of 9 SK 3098 PG743 THE FOLLOWING S, AND AGREEMENTS in conveyed ith the land lat Cabinet of the as Parcel specified in (1) The "Canal" connecting the "Basin" with Duck Creek, and the "Basin" both of. which a e shown on he.map recorded in Plat Cabinet , ,Slide 3Y , in the office of the Register o Deeds of 'Craven County is for the joint use of the owners of Parcel "A" and Parcel "B". -No person shall construct any pier, dock or other construction which protrudes into said Canal and no boat of any type whatsoever shall be tied, moored, anchored, or docked in said,Canal or the RECEWED entrance to same. (2) The owner(s). of Parcel..!'4('r4?Parcel .' " NOV 26 2012 shall have'the•r�ghte:'tolexpand(�tl}gk.agoresaid- Basin by digging•or excavatinglon`theklands" belonging to such owners). DCM-mmcny (3) The owner(s) of Parcel "A" and Parcel "B" shall each have the right to dredge the Basin and Canal, providing that all spoil from such dredging is deposited on the lands of the persons doing such dredging or consenting thereto. For the purposes of any such dredging the person doing same shall have the right and license to travel on the property adjacent to the area being dredged provided that no damage is done to any structures and that the conditio of the premises is rendered the same as when such dredging began. TRACT II; Imape ID: 000002120394 Type: CRP Pape 9 of 9 BK 3 0 9 8 P07 4 4 RECEIVED NOV 2 6 2012 Lying,aituate•, and being in Number Two (2) Townsh£p,•`G'raven Couif ypmcn-Y North Carbl•ina, bei:ween North- Carolina Highway, No, 55 and, Duey , Creek, and being more specifically described' 33t detail :a�'ftiSiowa't:. SECTNIVINO at a point which..is'-the'following•6ourse`and distance from the. eouthWistern Coiner, of 'Tracts 49 and• #10• of 'Rive iew' Park a ;map ©t, G+hi hire. XeCgr e8`•iri:`the office. bf the..Rggietai'of Deeile, Craven RppLdty;r NlirCH Caro�lr�A`, in ,BO61C21 Page.•llb `eduth' 26' 311.' ega't', ,$5b0 feet along the" dividing ' Une of Tracts"#Y' dnd'#10,; said ;'a.outhWeaB.Vrrq cCrner pf T'racts 49,and- 01'0 being* lgcated in the ' eAetexq Lina.o#_#�oitK"Carblina liiohAil' Nb;,5,51 tfien'06 from this . begiA:iitlg;'sputh 26' 3i' east•, 2W,fe`it',,moxe or lase, along the ding.i. �g •line of said Tracts ik9 and #1'0 .to Duck Creek, thence ".v',1_.kl Niy aLnhg jJuc:k'Crakk bA the ou'Uxern'11in(e+^pfi• TrvatT,#8'o.f- kxVervi@w Park; thence portit 260 31 minutes West, 2.650 feet more or 1ese,''along, the- dividing line of said Tracts #8••and.49; .thence south., •'tGi th'e'point,'of.begint}3.ng In the dividing' -ling of Tracts #9 and #10 ,of' Riverview -.Park., Being .that eaiie property conveyed 'by C•larence'F. Ph y gd, wi'EL" Vera P. Phillips, -to Wiley Nelson bey .de d d'eted- February '12, 1i54f, said dsed' oppeaeidg"Of recorA in Book 9 1 at Fsga"�J'2 in the off cca ' of, the Register of beads of Craven County, Being also pact of that ssYn property conveyed by'0. V.' 'Evans at a,l, to'Wiley. Neleon•'by deed dated April.29, 1959, said deed 'apyearing�of'rgc'oed in•Book 616.'. at. -Page `13 A, the ''fries of the"figistei' of DBeds•'of 'Craven county,, THERE 18 EXPREB$LY MEPUD Fkdr •THIS CONVEYANCE, `gbWEVER, all .that . same property *as rbnveyed by• Wiley. Nelson and wife:'to Raymond- E.' gontod and wife 6y: de'd, •dated •Auggust 1819716) "shin' deAd, appedrink ,of record in VoA 672 at Page 848 in the), office of Ells itegie'te# of, ' Dead$ of draven'd* `Jy, :' : , • .; Tfi'e' said ptopetty 1seYei4Y eonveyei! ie al'1'"twit ` 86 property'• as is,.;; . more fully shown and ,described As Parcel "B" on'the map.:entitled ' "5uiv:ey and'Division of` Wiley Nelson' Lana" 'fok''RAymont! Benton",'said tdap being recorded in Plat Cabinet'A at Slide 135'A,' in the office' of•' ' the tegie'tar of Deed's :of Craven Countyj'-a{kd' to'which' reference is ' Image ID: 000002120395 Type: CRP Pape of 9 BK 3O? QQ V Pgo4,5 f NOV 2 6 2012 DM.MHD MY This, Conveyance' is' also made expressly subject 'all rgstricElve covenants of. record, includ'ing those as appear:Iir 'the:deed dated August 22, 1950, from Riverview ,Park, lncorporated to ,Clarence J; Phillips and' wife, said deed appeafring: df record •ii •Book 445 at Page :205 in the office• of the Register of• Deeds of: Craven County, and. the' same Is - incorporated herein by refe'reriee,' There is also hetie'bg'conveyed all right; 'titles" atid','%aerest of Ailey Nelson and wife, Vera Ann Nelson, in and-to.thtt kgrtain ' easement or right-of-way as conveyed by Herman Zdwards and wife by deed- of'easerpeHk dated August 1,6+ 1976, to"Wiley Nelson, ,'said deed• •being:.of record JA' 400k 872 at • Page 845 in the of fice "of , the *Register' of De' ' "Craven County. Reference to.- said deed of easement is hereby made for a more'perfdct de.gcript'ion.of the same, and together with' the adjacent riparion'rights in And to Duck'. Further, there is hereby.•conveyed all right, titl'e'� and `iyxtereat of the grantors herein, including. any rights rese'xved of granted under the deed 'referred :to*here inabove dated Aug Nelson and'wife to �et.18,•1976, from Wiley 'Raymond E. Sentan,'said deed appearing of record in Book 872 at Page 848, in the canal connecting the basin'w;th D.Yck Creek and the basin, both of which are shown On. the map referred to ' bgreiiiabove, and -any. .riparian rights of `the: parties. 1ere.to -in ,'and • to Duck Creek, f.. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Duck Creek Small Harbor, LLC County: Craven LOCATION OF PROJECT: 699 Galloway rd., adj Duck Creek, near Bridgeton. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/26/12 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Brad Connell DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: 475.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 12/31/12 ADJ. RIP. PROP NOTICES REC'D: e DEED REC'D: Yes APPLICATION ASSIGNED TO: wi lI ON: 7-�/ Z//Z C) 75 DAY DEADLINE: 2/9/13 150 - DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE FED COMMENTS REC'D: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative 112 Coastal Management- LOP Consistency Determination 1'^1_ 1-2— Division of Community Assistance 1_2_1'S ✓ Land Quality Section Division of Water Quality Storm Water Management(DWQ) .l^ �1 \Z ,✓ State Property Office ��i-_ I� _ IZ Division of Archives @ History Division of E.viranmental Health Division of Highways 9 1 �_ I'7 J ,✓ Wildlife Resources Commission I> Local Permit Once Division of Marine Fisheries I-1S 3 Corps of Engineers PPS 1%--(!a - 1')— I/ rI Project Name Dc/c K CrQ.,O, k Assigned to Rowel ( Assigned on /o 7��Z Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other Written approval from DW is is not required for this project. Beverly Eaves Perdue Governor December 4, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: CCDEE R `� North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director Maureen Will Division of Coastal Management Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Duck Creek Small Harbor, LLC Dee Freeman Secretary Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposed Project: Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December, 25'h, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as This agency has no comment on the proposed project. 6.,1 5L711- This agency approves of the project only if the recommended changes are incorporated. See attached. y obje is to the project for reasons described in the attached comments. SIGNED f99 DATE /fez/j 400 Commerce Ave., Morehead City, NC 28557 ne ww Phone: 252-808-28081 FAX: 252-247-3330 Internet: w.nocoastalmanagement.net NoddhCarolina An Equal OpporlumtylAffirtnaliveACWn Employer aturallry Howell, Jonathan From: Wheeler, Tracey L SAW [Tracey.L.Wheeler@usace.army.mil] Sent: Tuesday, January 15, 2013 1:46 PM To: Adams, Amy; Howell, Jonathan Subject: RE: Duck Creek Small Harbor, LLC (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Amy, Have you guys issued a 401? I need a copy before I can make a permit decision and I know we talked about DWQ concerns about the basin being authorized to be deeper than the channel depth. Was that addressed? Tracey Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at htto://regulatory.usacesurvey.com/ to complete the survey online. -----Original Message ----- From: Adams, Amy [mailto:amy.adams@ncdenr.gov] Sent: Tuesday, January 15, 2013 1:42 PM To: Howell, Jonathan Cc: Hardy, Jeanne; Jenkins, Shannon; Dunn, Maria T.; Wheeler, Tracey L SAW; cjonesl9@ec.rr.com Subject: Re: Duck Creek Small Harbor, LLC No objections from DWQ on this project Sent from my U.S. Cellular(r) smartphone "Howell, Jonathan" <jonathan.howell(@ncdenr.eov> wrote: Hey guys, can you let me know where we stand on comments for this project? The consultant has contacted me regarding the timing of this permit and they hope to be able to dredge prior to the moratorium (assuming a permit is issued) that I believe will begin on 2/15. Any help is appreciated. Thanks. Jonathan Howell Asst. Major Permits Coordinator 1 2tk� NCDEP R North Carolina Department of Environment and Natural Res Division of Coastal Management Beverly Eaves Perdue Governor December 4, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Braxton C. Davis Director ,, �� E-SMILED L'JJ t115113 Anne Deaton Division of Marine Fisheries Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Duck Creek Small Harbor, LLC DucK Cirux MGr I nQl DEC 112012 PROTECTION Dee Freeman Secretary JAN 14 2013 Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposed Project: Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December, 25h, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. A— This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATES 2415 C 1hLu2.� 1/13 i 400 Commerce Ave., Morehead Ciry, NC 28557 One Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net 1v0 /Jtl�t hC/arolina An Equal OppoAunity1AlfimabeAction Employer AV1111 Howell, Jonathan From: Hardy, Jeanne Sent: Tuesday, January 15, 2013 12:04 PM To: Howell, Jonathan Subject: FW: Duck Creek Small Harbor, LLC Attachments: Duck Creek Marina.pdf Importance: High From: Hardy, Jeanne Sent: Tuesday, January 15, 2013 12:00 PM To: Howell, Jonathan; Adams, Amy; Jenkins, Shannon; Dunn, Maria T.; Wheeler, Tracey L SAW Cc: cjonesl9@ec.rr.com Subject: RE: Duck Creek Small Harbor, LLC Importance: High Jonathan, We have comments. Coming to you shortly by email. Jeanne @ From: Howell, Jonathan Sent: Monday, January 14, 2013 2:41 PM To: Adams, Amy; Hardy, Jeanne; Jenkins, Shannon; Dunn, Maria T.; Wheeler, Tracey L SAW Cc: cjonesl9Calec.rr.com Subject: Duck Creek Small Harbor, LLC Hey guys, can you let me know where we stand on comments for this project? The consultant has contacted me regarding the timing of this permit and they hope to be able to dredge prior to the moratorium (assuming a permit is issued) that I believe will begin on 2/15. Any help is appreciated. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. WENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Patrick L. McCrory Dr. Louis B. Daniel III Governor Director TO: Doug Huggett THROUGH: Anne Deaton AD FROM: Kevin Hart K�{ DATE: January 2, 2013 SUBJECT: Roughton Commercial Complex USACE 20120825 John E. Skvarla, III Secretary The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject project are offered pursuant to G.S. 113-131. The applicant proposes to hydraulically dredge the access channel to Duck Creek Marina (an existing 58 slip marina) on Duck Creek (inland, SC, SW, NSW) a tributary of the Neuse River. The applicant proposes to restore the 2,350'-long and 35' wide access channel to its previous -7'NWL (Dredge and Fill Permit #196-76) where it will connect to a previously permitted -8'NWL channel. The spoil will be pumped into an onsite existing pond. In addition the applicants propose relocating 3 existing channel markers and adding seven additional channel markers. Although Duck Creek is not designated a Primary Nursery Area (PNA) or an Anadromous Fish Spawning Area, the NCDMF samples this area. The NCDMF has collected both recreational and commercially important species (including but not limited to river herring, red drum, Southern flounder, blue crab, sport, Atlantic croaker, striped bass, and spotted seatrout). To minimize the impacts to these species the NCDMF requests that the applicant adheres to the February 15 through September 30 moratorium. If all in water work is performed outside of this period the NCDMF will not object to this project. As discussed during the September 27, 2012 on site meeting the marina permit conditions should be modified so that the depth conditions do not exceed the permitted channel depths (-7'NWL). These depths should be modified so that the surface waters do not pool in the basin. It is possible that if the basin does not have water exchange that the waters can become anoxic and degrade water quality conditions and can have negative impacts on the resident and migratory species utilizing Duck Creek, If the applicant'adheres to the February 15 through September 30 in water work moratorium and the marina depth conditions are modified the NCDMF will have no further comment on the project. The NCDMF appreciates the opportunity to review and comment on this project. If you have any comments or questions, please call me at (252) 948-3878 or email me at Kevin.Hart(&ncdenr.r ov . Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 617 3441 Arendell Street, P,O. Box 769, Morehead City, North Carolina 28557 Phone: 252-726-70211 FAX: 252-726-02541 Internet: portalmdemorglweti/mi An Ecual 0000dunity 1 Aarmalive Action Emolover 1X! Ol'llI C<lol l f1&l �cr��rr�zllt;r Howell, Jonathan From: Dunn, Maria T. Sent: Monday, January 14, 2013 5:25 PM To: Howell, Jonathan Subject: Duck Creek, Craven Co. Attachments: CMDF_Duck Creek small marina_NCWRC.pdf Jonathan, Please accept the attached comments from WRC. If you have any comments, questions, or need a hard copy, please call or email. Thanks. Maria Maria T. Dunn, NE Permit Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall, Washington, NC 27889 (252) 948-3916 / www.ncwildlife.org Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox from the N.C. Wildlife Resources Commission Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 9 North Carolina Wildlife Resources Commission n Gordon S. Myers, Executive Director TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Northeast Coastal Region Coordinator Habitat Conservation Program DATE: January 14, 2013 SUBJECT: CAMA Dredge/Fill Permit Application for Duck Creek Small Harbor, LLC, Craven County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 699 Galloway Road, adjacent Duck Creek near Bridgeton, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Star. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina. In addition to channel excavation, seven existing channel markers will be repositioned. Final water depths will be -7' NWL for the 2,350' by 35' channel. Spoil material generated will be placed in an existing pond behind the marina. Duck Creek at this location is classified SC Sw NSW by the Environmental Management Commission and is subject to the Neuse Basin Buffer Rules. The NCWRC has reviewed the permit application and does not believe the project as proposed will have significant adverse impacts to aquatic resources if a February 15 to September 30 moratorium is included as a permit condition. This creek provides habitat to several important resident and anadromous fish species including blueback herring and striped bass. The inclusion of the above moratorium would minimize disturbance and elevated turbidity levels during spawning and the important early developmental stages of egg, larvae, and fry. Final water depths within the marina should not exceed connecting water depths and if previously permitted depths are deeper than, -7' NWL, those depths should be changed to reflect the current proposal. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Howell, Jonathan From: Dunn, Maria T. Sent: Monday, January 14, 2013 4:19 PM To: Howell, Jonathan Subject: RE: Duck Creek Small Harbor, LLC Jonathan, We've had concern for this project the whole time, but I don't have any inland data other than the juvenile data DMF has and a one-time event for a look-see WRC did years ago. With that being said, we are not going to object, but want the 2/15 — 9/30 moratorium on the project with a condition that the basin not be dredged deeper than the connecting waters. My memory from the on -site visit was that the original permit allowed the basin to -8', but one mitigating factor the agencies considered was lessening that allowance to -7'. The proposed final depths are very close to some of the depths within the channel already — so we want to make sure an over dredge does not occur. I can write signed comments and get them to you tomorrow if needed. I'll be in Emerald Isle in the morning, but should be back in the afternoon. If I get some things taken care of here this afternoon, I may can get them finished today. Thanks. Maria Maria T. Dunn, NE Permit Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall, Washington, NC 27889 (252) 948-3916 / www.ncwildlife.ore Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox from the N.C. Wildlife Resources Commission Email correspondence to and from this sender is subject to the N.C. Public Records Law and maybe disclosed to third parties. From: Howell, Jonathan Sent: Monday, January 14, 2013 2:41 PM To: Adams, Amy; Hardy, Jeanne; Jenkins, Shannon; Dunn, Maria T.; Wheeler, Tracey L SAW Cc: cjonesl9@ec.rr.com Subject: Duck Creek Small Harbor, LLC Hey guys, can you let me know where we stand onicomments for this project? The consultant has contacted me regarding the timing of this permit and they hope to be able to dredge prior to the moratorium (assuming a permit is issued) that I believe will begin on 2/15. Any help is appreciated. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastaimanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Howell, Jonathan From: Adams, Amy Sent: Tuesday, January 15, 2013 1:42 PM To: Howell, Jonathan Cc: Hardy, Jeanne; Jenkins, Shannon; Dunn, Maria T.; Wheeler, Tracey L SAW; cjones19 @ec.rr.com Subject: Re: Duck Creek Small Harbor, LLC No objections from DWQ on this project Sentfrommy U.S. Cellular@smartphone "Howell, Jonathan" <jonathan.howell@ncdenr. og_v> wrote: Hey guys, can you let me know where we stand on comments for this project? The consultant has contacted me regarding the timing of this permit and they hope to be able to dredge prior to the moratorium (assuming a permit is issued) that I believe will begin on 2/15. Any help is appreciated. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastaImanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i. Howell, Jonathan From: Adams, Amy Sent: Tuesday, January 15, 2013 4:55 PM To: Schaller, Roberto Cc: Wheeler, Tracey L SAW, Howell, Jonathan Subject: FW: Duck Creek Small Harbor, LLC (UNCLASSIFIED) Roberto, Tracey had additional questions regarding this project. I had indicated we had no objections to the project as proposed. If this is not the case, please let both Tracey and Jonathan know. Amy Adams Regional Office Supervisor Surface Water Protection NC Division of Water Quality Washington Regional Office www.ncwatercualitv.ore 252.946.6481 **E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.** -----Original Message ----- From: Wheeler, Tracey L SAW [mailto:Tracey.L.Wheeler@usace.army.mil] Sent: Tuesday, January 15, 2013 1:46 PM To: Adams, Amy; Howell, Jonathan Subject: RE: Duck Creek Small Harbor,,LLC (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Amy, Have you guys issued a 401? I need a copy before I can make a permit decision and I know we talked about DWQ concerns about the basin being authorized to be deeper than the channel depth. Was that addressed? Tracey Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is.committed to providing the highest level of support to the public. To help us ensure we continue to do so; please complete the Customer Satisfaction Survey located at our website at http://regul;tory.usacesurvey.com/ to complete the survey online. 1 -----Original Message--= From: Adams, Amy [mailto:amy.adams@ncdenr.gov] Sent: Tuesday, January 15, 2013 1:42 PM To: Howell, Jonathan Cc: Hardy, Jeanne; Jenkins, Shannon; Dunn, Maria T.; Wheeler, Tracey L SAW; cjonesl9@ec.rr.com Subject: Re: Duck Creek Small Harbor, LLC No objections from DWQ on this project Sent from my U.S. Cellular(r) smartphone "Howell, Jonathan" <ionathan.howell(@ncdenr.eov> wrote: Hey guys, can you let me know where we stand on comments for this project? The consultant has contacted me regarding the timing of this permit and they hope to be able to dredge prior to the moratorium (assuming a permit is issued) that I believe will begin on 2/15. Any help is appreciated. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Classification: UNCLASSIFIED Caveats: NONE N ALA. RECEIVED dCDENR tt North Carolina Department of Environment and Natural Resources Division of Coastal Management DCt NVP,: v Beverly Eaves Perdue Braxton C. Davis RECEIVEDDee Freeman Governor Director Secretary n^ JAN 0 3 21 DCM MHD CITY December 4, 2012 MEMORANDUM: TO: Pat McClain Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Duck Creek Small Harbor, LLC Project Location: Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposed Project: Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December, 25`h, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED a DATE 1do 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net NorthCarolina An Equal Opportunity 1Af innative Action Employer JVatwially Beverly Eaves Perdue Governor December 4, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: A y� r C'b NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator RECEIVED ;i JAN 0 2 2011: ACM-MHD CITY CAMA/DREDGE & FILL Permit Application Review Duck Creek Small Harbor, LLC Dee Freeman Secretary Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December, 25th, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. is agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /� DATE 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affinnadve Action Employer /a - z--,L ne NorthCarojina NaturallrY Beverly Eaves Perdue Governor Akt.� ICDEE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director MEMORANDUM DATE: November 28, 2012 TO: Doug Huggett THRU: Roy Brownlow FROM: Brad Connell Dee Freeman Secretary SUBJECT: Comments and Recommendations - CAMA Major Permit — Duck Creek Marina, Craven County The following is my assessment and subsequent recommendations of the above referenced proposal: This proposed maintenance excavation involves the removal of approximately 91,476 square feet deep bottom habitat, and the spoils will fill approximately 24,000 square feet of man- made Section 404 Wetlands. This project is subject to the NC DWQ Neuse River Basin Riparian Buffer Rules. These waters of Duck Creek are closed to shellfish harvest at this location. This waterbody is not a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between October 31 and April 1 of any year without the prior approval of the Division of Coastal Management, in consultation with the Wildlife Resources Commission; 2. Excavation will not exceed -7 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters; 3. No vegetated wetlands/marsh grass will be excavated or filled; 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized; 5. The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments; 6. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards; 7. The disposal area/disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion; 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-808-28081FAX: 252-247-3330Internet: www.nccoastalmanagement.net No Carolina An Equal opportunity 1 Afimialive Action Em*yer Wurallry 1 Page 2 8. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters; 9. Any development or land disturbing activity that is considered non -water dependent is not authorized within 50 feet of the normal high/low water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 772-2220 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. CC: Ted Tyndall, DCM (c/o Braxton Davis, DCM) Roy Brownlow, DCM 7 tl_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Governor December 4, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Braxton C. Davis Director Renee Gledhill -Early NC Department of Cultural Resources Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Duck Creek Small Harbor, LLC Dee Freeman Secretary O, u II"F'Is- Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposed Project: Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December, 25a', 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 80872808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1L�•-a.s�-• � -W DATE l Z • ! •} • / Z 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-808-28081 FAX: 252.247-3330 Internet: www.nocoastaimanagemen(.net NaorthCarolina An Equal opportunity 1 ARmialive Action Employer alurallr DEC 10 20 LLL Beverly Eaves Perdue Governor MEMORANDUM: w NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director December 12. 2012 To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Subject: Applicant: Project Location Joey White, Environmental Specialist, PWSS/WaRO Dee Freeman Secretary RECEIVED DEC 18 2012 CAMA/DREDGE & FILL Permit Application Review DCM-MHD CITY Duck Creek Small Harbor, LLC Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposed Project: Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. REPLY: X This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Comments: • Proposed project should not impact any public water supply source. No objection as proposed. SIGNED IIIN C7� DATE I'L112 / a Public Water Supply Section — Jessica C. Godreau, Chief 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 Phone: 919-707-910011 FAX: 919-71543741 Lab Form FAX: 919-715-66371 Internet: ncwater.org/pws An Equal Opportunity 1 Alfinadve Acton Employer One NCarolina N hmallr, North Carolina Beverly Eaves Perdue Governor December 4, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NCDENR Department of Environment and Division of Coastal Management Braxton C. Davis Director Tim Walton State Property Office Natural Resources RECENED DEC 19 2012 DCV_, 1DCITV Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Duck Creek Small Harbor, LLC Dee Freeman Secretary N Q pQ�cV� t 40 C Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December, 25h, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: agency has no objection to the project as proposed. :2'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. DATE 400 Commerce Ave., Morehad�Ci NC 557 v One Phone: 252-808-28081FAX: 25 -24 - ntemet:www.nocoastalmanagement.net N/fo/r/tfhC�a+rfo/l/ina An Equal Opportunity l Alfim obve Action Employer (/ WA(r lly DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Duck Creek Small Harbor, LLC LOCATION OF PROJECT SITE: The project is local -d at 699 Galloway Road adjacent to Duck Creek near Bridgeton, Craven County. Photo Index-2006: 73-6281, grids T-5 to 0-9; 2000: 73-936, grids U-5 to P-9. State Plane Coordinates - X: 791450.634 Y: 152499.228 Latitude: 35 06 29.74 Longitude: -077 00 17.82 3. INVESTIGATION TYPE: CAMA/D&F ! RECEIVED 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 9/27/12 Was Applicant/Agent Present —Yes DEC 19 2012 Photos Taken — No 5. PROCESSING PROCEDURE: Application Received— cc: 11/26/12 '1 DCr-WM Crry Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan —1996 Craven County (7/23/99) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: PTS, PTA (C) Water Dependent: Yes (D) Intende . (E) Wast ter xisting — Septic Planned -none (E) Type of Development: Existi — Commercial marina basin, avcl parking lot, pond, at d Planned - Maintenance dre grng of existing access channel (G) Estimated Annual Rate of Erosion: N/A Source — N/A ' ' 1 1 t 1 1 1100111�10101 NV10U 03Of � 11 (A) Deep Bottom 11 91,476 ft 11 11 11 11 (B) Section 404 Wetlands 11 11 24,000 W 11 11 (E) Total Area Disturbed: 115,476 fr (F) Primary Nursery Area: No (G) Water Classification: SC; Sw, NSW Open: No (H) Cultural Resources: none 8. Project Summary: The applicant wishes to dredge the existing access channel in Duck Creek that leads into t -slip commercial marina basin. I ---- - -- ---- ------ - -- . 5t,5 V Field Investigation report: Duck Creep Marina 9. Narrative Description: This site is used for a commercial marina and boat yard, known as Duck Creek Marina, located at 699 Galloway Road near Bridgeton, Craven County. The marina basin supports 58 boat slips. The property is 12.7 acres and is adjacent to Duck Creek. The adjacent properties are undeveloped. The lot has approximately 2,085' of shoreline along Duck Creek. There is a gravel parking area and around the marina basin. There is an office, dry storage, and haul -out at the west end of the basin. The boat yard is west of the office/dry storage building, and there is a borrow pit pond just west of the boat yard. There is also a drainage ditch on the northern property boundary that empties into Duck Creek. The average elevation of the high ground of the parcel is +8' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of trees, lawn grasses, and Section 404 Wetland areas along the western property boundary. There are Coastal Wetlands on the northeastern boundary of the property, adjacent to Duck Creek. There is not a defined Federal Channel in this area of the Neuse River; however there is an existing marked channel leading into the marina basin. Offshore water depths adjacent to the tract range from about —5.5' to —7' nwl. This waterbody is approximately 200' across at this location. This location is a part of the Neuse River basin. It is subject to wind driven tides and low energy wave action due to its sinuosity and such a narrow fetch. These Public Trust Waters of Duck Creek are not classified as a Primary Nursery Area and there is no submerged aquatic vegetation present. These waters are classified as Inland Fishing Waters. This area is closed to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There are (high marsh) Coastal Wetlands adjacent to the proposed project area. The bottom substrate is firm without shell. 10. Proposed Development: The applicant wishes to perform maintenance excavation of the entrance channel that accesses the mouth of the marina basin for continued commercial use. The applicant wishes to relocate seven existing channel markers. The applicant also wishes to contain the dredge spoils in the borrow pit pond on site. The proposed maintenance excavation will restore the access channel to its previous -7' nwl depth (ref. State Dredge and Fill Permit #196-76). The access channel that is to be dredged is 2,350' long and approximately 35' wide. It spans from the entrance to the Duck Creek Marina's basin heading south towards the Neuse River and stops at the entrance to the borrow pit pond, midway downstream of Duck Creek. Seven of the existing channel markers will be relocated to more accurately mark the edges of the access channel. The spoils from the dredging will be hydraulically pumped into the existing pond behind the marina's boar- and. -This "-ondis 1601ori ;-150' wide arid" 12' dee :-The dewaterin disehar e i e will -be — - Y P g, P g g P p Brad Connell November 28, 2012 Morehead City 11 Field Investigation Report: Duck Creek Marina Page 3 located on the northwest crd of the pond. It +.via direct discharge water into the existing ditch on the northern property boundary. There will be a series of three rip rap check dams tc control flog velocity and trap any potential loose sediment. The discharge waters will then return to Duck Creek via this existing storm w:;ter drainage ditch. Anticipated Impacts: It is anticipated that there will be temporary, but elevated turbidity levels during the course of hydraulic excavation of the channel. The man-made wetland pond will be filled by dewatered spoil material. The maintenance excavation and relocation of the existing channel markers will improve navigation through this portion of Duck Creek. The waters of Duck Creek are classified as SC; Sw, Nutrient Sensitive Waters at this location and are not designated as a Primary Nursery Area. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. This proposal is subject to the NCDWQ Neuse River Basin Riparian Buffer Rules. r RECEIVED DEC 19 2012 DCM-MHD CITY Brad Connell November 28, 2012 Morehead City Project Narrative Duck Creek Marina (Marina) is a 58 slip marina located on Duck Creek, in the Town of Bridgeton, CraVen County. The tract of land on which the marina facility is located is approx. 12.7 acres in size. The marina owners also own an adjacent .7 acre lot which is adjacent to Duck Creek and the marina facility. This lot has a single family residence and a portion of its shoreline has been stabilized with riprap. Adjacent properties are undeveloped. Both properties are serviced with individual septic tanks and well water. Duck Creek is a smaller tributary of the Neuse River. It has been designated as SC; SW, NSW by the NC Environmental Commission and as Inland Waters with jurisdiction lying with the NC Wildlife Commission. There was no submerged aquatic vegetation observed in the channel portion of Duck Creek leading to the Marina. Duck Creek is not designated as a Primary Nursery Area. The Marina facility provides haul -out services with a 35 ton travel lift and has a large repair yard for its customers. Duck Creek Marina has been in existence at this location since at least the early 1970's. In 1976, state and federal permits (Dredge and Fill Permit No. 196-76) were issued to Duck Creek Marina and authorized the upland expansion of their existing boat basin. The permitted depth of the basin was -8' below normal water level. Subsequent permit authorizations were obtained for the existing travel lift infrastructure and various sections of shoreline stabilizations. North of the Marina complex,(the docks, marina office, storage building and storage yard) there exist an approx. 130' wide x 120' long x 7' deep pond which was excavated during the initial construction of the marina facility. An approx. 4' high berm is located along the perimeter of the pond. Beyond the berm and adjacent filled areas, a 404 forested wetland area exist on the north and west sides of the pond. Along the eastern side of the property, an existing ditch runs the entire length of the property and ultimately discharges into Duck Creek. Over the years, portions of the channel leading to their boat basin have filled in with mud and silt to the point that larger draft boats are having difficulty in accessing the marina and repair yard. After the previous owner of the Marina passed away this year, the new owners (his son, brother and brother—in- law) have decided they need to undertake needed channel excavation work to maintain the integrity of the business. The applicants (Duck Creek Marina) are seeking permission to excavate up to an approximately 2,350' long to -7' normal water level (nwl) deep channel. The first approx 210' of channel leading out of the boat basin will be excavated to a width of 30' with the remaining 2,140' of channel being excavated to a 40' width. Except for the area closest to the basin, existing water depths within the channel range from -5' to -7 nwl with the vast majority of depths being -6' or deeper. Water depths in the channel adjacent to the basin range from-3'/:'to -6'/:' with the majority being -5' or shallower. The applicant's proposed channel will terminate in later depths of -7 to -8' nwl deep. This is where some years ago, a property owner along Duck Creek received state and federal permits and excavated a 50' ),vide to -8' nwl deep access channel in Duck Creek a'! the way out to the Neuse River. The applicant is proposing to perform this excavation work by hydraulic d,edge with the spoils being placed within an existing man-made pond k)cated at the back (north) of the boat yard. The pond is approx. 160'long x 150' wide -7' deep. The US Army Corps of Engineers has conducted an on -site evaluation of the property and has determined that the pond is a jurisdictional wetland. The berm and the previously filled areas adjacent to the pond were not determined to be wetlands and there is no direct connection from the pond to jurisdictional wetlands or surface waters. This spoil site was selected after the applicant evaluated potential spoil sites in the nearby area and could not find a suitable one that was available and not a wetland site. A barge and bucket excavation was also considered but the cost and the direct and secondary impacts of removing the material from the creek and from the site made this type of operation unfeasible. Brown Dredging Company has conducted an on -site evaluation of the dredging and proposed spoil disposal site. They estimate that approx. 5,000 cubic yards of mud and silt will be excavated. This is because not all of the channel area footprint will be excavated and in some areas only a small amount of material will be removed. Future maintenance dredging requirements are not known. Based upon the volume of material being removed and the existing size and depth of the existing pond, the proposed spoil disposal site (i.e. the existing pond) should be adequate. It is estimated that the pond with its adjacent dike could contain approx. 12,800 cu.yds. of material. A water control structure will be placed in the berm and any needed dike work will be performed before excavation begins. The water effluent from the dredging operation will be transferred from the water control structure via a pipe and will discharge into the existing ditch which ultimately empties into Duck Creek. To minimize scouring, a rock apron will be placed in the ditch at the pipe discharge location. Two check dams will also be placed in the ditch downstream from the discharge location. It is believed that after the excavation ends, the elevation of the pond will be below or near its previous elevation (i.e. before the pond was excavated). The applicants already have thirteen (13) pile supported channel markers in Duck Creek within the proposed channel leading to their marina facility. Three (3) of these channel markers will need to be slightly relocated after the excavation work to better identify the channel's location. Seven (7) new pile support channel markers are also proposed which will better define the navigational channel, particularly at its upper end. All markers will be in conformance to applicable US ast jai iaDd NC Wildlife Commission rules and regulations. DEC 19 2012 DM -MAD CITY Rem MP-1 APFUCATION I{ f ln Jw k 'llA i, t 78 0 8a r iPermit(last revised R` ;E fA'k6Yi i .�� North• DIVISION OF • 9. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Duck Creek Small Harbor Llc Duck Creek Marina MI Applicant 1: First Name Last Name F Charles Benton Applicant 2: First Name MI Last Name Gene R Benton Robert E Delorme If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City te 40 Bridgeton 7NtC' ZIP Country Phone No. FAX No. 28519 USA 252-638-1702 ext. 253-637-2045 Street Address (if diffen=ntfromabove) City State ZIP 699 Calloway Road Bridgeton NC 28518- Email cfb2@suddenlink.net 2 Agenf/Contractorinformaf►on ' Business Name Jones Coastal Consulting, Inc Agentl Contractor 1: First Name Charles MI S Last Name Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address 296 Bay Drive PO Box City Smyrna State NC ZIP 28579 Phone No. 1 252-729-9711 ext. Phone No. 2 252-725-0488 ext. FAX No. Contractor# Street Address (if different from above) City State ZIP Email —--------- .---------------__. ----- cjonesl9@eo.rr.com ---- --- ----------------- -------------------- 25a-i308.2 £3 d3o .. 'I-033-4R(',0A8T .. v way.ncraasi:�isz,asaa esnenff.sle2 Form DCM MP-1 (F3ge 3 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address 698 and 699 Calloway Road State Rd. # Craven Subdivision Name City State Zip Bridgeton NC 28519 - Phone No. Lot No.($) (if many, attach additional page with list) 252 - 638 -1702 ext. 2,698 Calloway Rd, 699 Calloway Rd, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Bridgeton 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. 2,085' 583,704 c. Size of individual lot($) d. Approximate elevation of tract above NHW (normal high water) or 12.7 ac., .7 ac., NWL (normal water level) (if many lot sizes, please attach additional page with a list) 8' ❑NHW or ®NWL 4p, RECErvTD e. Vegetation on tract - Grass lawns, wetlands and trees DEC 19 2012 CITY f. Man-made features and uses now on tract Commercial marina/boat yard facility, one residential structure g. Identify and describe the existing land uses adlacent to the proposed project site. Presently undeveloped h. How does local government zone the tract? i. Is the proposed projed consistent with the applicable zoning? Tract is not zoned (Attach zoning compliance certificate, if applicable) ❑Yes ONO ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? - — - --------- -- — <Form continues on next page> 2 2.8C3-2908 i; 1-388-4R C0AST :, ...,.,_...-. t B lm a r. a g e m e n t. n et Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? IZYes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic Tanks o. Describe existing drinking water supply source. Private well p. Describe existing storm water management or treatment systems. na 5.-Activities and Impacts a. Will theprojectbe for commercial, public, or private use? ®Commercial ❑PubliclGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore water depths to a channel serving an existing commercial marina and boat yard/repair facility c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A hydraulic dredge will be utilized for the excavation; backhoe, dump truck will be utilized for dike work and riprap placement for check dams and scour apron. d. List all development activities you propose. Excavation of existing access channel leading into marina basin e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2.1 ac (max. creek bottom disturbance) 24,000 sci t.(pond bottom ) ®Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. Dredged material will be pumped (discharged) into an existing man-made pond. Water overflow will be discharged into an existing ditch which ultimately empties into Duck Creek I. Will wastewater or stonnwater be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is then: any mitigation proposed? []Yes ®No [IRA if yes, attach a mitigation proposal:_ _ <Form continues on back> 252-808-2208 .. 1-882-.4CC0."S .. woicr. eaccea-ix�zinaanacD e,man:. za ni Form DCM MP-1 (Page 5 of 5) APPJCATION for Major Development Permit t3 Aditionallnfonnation in addition to this completed application form, (MY-7) me nL/oW/ng items beiaw, lr applN:auro, rnusi ue suuununv m .w, cur :uc opp,tiau,n, package to be complete. Items (a) - (0 are always applicable to any major development application. Please -onsult the application instruction booklet on how to properly prepare the required items below. I a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Jeanette Hunter and Jacqueline Lane Phone No. 252-638-4974 Address 130 Blueberry Lane, New Bern, INC 28560 Name Rivershore LLC Phone No. 252-633-5106 Address PO Box 12006, New Bern, NC 28561 `Name - Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Slate Dredge and Fill Permit #196-76 (and subsequent modifications) h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledg RECEIVED Date November 25, 2012 Print Name Charles Jones %l -� DEC 19 2012 Signature DCM-MID CITY Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808-2808 ,: 1-883-4RCOAST :: Form DCM MP-2 il i"ry �"='1 (Except for bAdges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 2,350' Width 30'-40' Avg. Existing 5.5' NWL NA NA Depth Final Project -?' NWL NA '. NA Depth 'pThis section not appliaatile= a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. mud/silt approx. 5,000 cu. yds. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. na 2.:D/SP,OSAL ;OF EXCAVATED MATERIAL bthis section.n_ of applicable` a. Location of disposal area. b. Dimensions of disposal area. within an existing man-made pond c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide they number of square feet affected. ❑CW _ ❑SAV ❑SB [OWL 24000 ❑None (if) Describe the purpose of disposal in these areas: 160' x 150' x 12' d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (it) If yes, where? Existing pond if appropriate and permittable I. (i) Does the disposal include any area in the water? ®Yes []No ❑NA (if) If yes, how much water area is affected? Spoil from dredging operation will be placed in an existing pond that the USACOE has claimed jurisdiction. The pond is "' - -- -seperaled by uplands to any adjacent wetland "and -has no direct - - - - connections to wetlands or water areas. Spoil will be placed within an existing man-made pond which has no connection to adjacent streams, ditches or Duck Creek 252-808-2806 :: M-3'88-4RICfSAD :: ?r.✓vYvv_,racco zse�@aa�as�ar ernesak.naf nevioo1: 1121261U0 U i 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lengt ❑Bulkhead ❑Riprap ❑BreakwaterlSill ❑Cther Width: _ c. Average distance waterward of NHVV or NWL: d. Maxircm distance waterward of NHW or NVVL. e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other I. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (it) Amount of material to be placed in the water Riorao will be placed within an existing ditch (iii) Dimensions of fill area 1011.5' x V` 29D 6'X2' (max)' (iv) Purpose of fill To povide additional sedimentation/scouring prevention measures from the effluent discharge of the spoil disposal site 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Spoil material will be placed within an existing banned pond. It is anticipated that the final grade of the spoil material will be at an elevation below the existing pond water level c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. Duck Creek Marina Date November 25,2017 submerged aquatic vegetation (J"AV), snell DOdom (bb), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? hyraulic dredge, backhoe, dumptruck d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (a) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Project Name. - - _- L52-808.2588 :: 1-88&41RCOAb7:: +=ww.nacna_efratmaraxt memt.rs_et revised; 1212Y,:;:'% Charles Jones AP lid Nam; te Applicant Signature i i J 'LSr�-.3"a J*.k-2$7is3 :: 'i-?S§3Y3-SSG? S:b :�f :: r�vns rr.na:cra a 3are naa�anaent.net ,saariac's3;12J2'VU6 Form DCM MP-4 STRUCTURES {Construction within Public Trust Areas) :attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint \pplication that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Public/Govemment ❑Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? []Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes []NO (ii) Number If yes: (iii) Length (ii) Number (iv) Width (iii) Length (v) Floating []Yes []No (iv) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? []Yes ❑No f. (i) Are Boatlifts included? []Yes []No If yes: If yes: RECEIVED (ii) Number (ii) Number (iii) Length (iii) Length DEC 19 ZoI2 (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. DCM-MAD CITY g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required []Other; please describe: k. Typical boat length: _ m. (i) Will the facility have tie pilings? ❑Yes []No - (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? []Yes ❑No 25249084808 :: 1-8i.84RCOAST :: wMl�N.nC6patS;;afrndr9_�_£(IiCnt.rE1E' revised: i i'2?ioa 2. DOCKING FACILITYIMARINA OPERATIONS " "` ' ®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 ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (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 of? h. Give the number of channel markers and "No Wake" signs proposed. i. 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? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? [--]Yes ❑No 7S,«-tid3ti-�±3f3t3 :€ 1-3323.1;dR;OA13T e: �nrr�^tv.stztear=Y @naa3e�aynsaa s�A.s�Fr2. rc=vuscd4 121.21f3i, n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑Nc C. Is the marmaidocking facility proposed within or adjacent to coastal wetlandsimarsh (CW�. submerged aquatic vegetation (SAV), shell bottom (SB;, or other wetlands (WL)? If any boxes are checked, provide the number of squar_= feet affected. ❑CV1 ❑SAV ❑SB ❑WL ❑None p. Is the proposed marinaldocking 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 applicable a. (i) Is the boathouse structure(s): []Commercial ❑PubliGGovernment ❑Private/Community RECEIVED (ii) Number (!it) Length DEC 19 2012 IN) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑PublidGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 'S2 t3 ;3•2Hr',5 :: 9-oFlB4B U^AS7' swinyv_nzrr3z�3talmanagsMent-net revised; 92i27106 a. Proximity of structure(s) to adjacent riparian property lines Proposed channel markers will be a minimum of 40' from any adjacent property owner Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body varies from approx. 50' to 400' e. (i) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. Seven (7) new pile supported channel markers will be placed at the edge of the dredged channel. They will be marked in accordance with applicable US Coast Guard and NC Wildlife Commission regulations b. Proximity of structure(s) to adjacent docking facilities. One proposed channel marker will be within 30' of applicant's marina docks d. Water depth at waterward and of structure at NLW or NVVL Proposed depth of -7' nwl deep OTHER,;'> ®Thts section notapplioable, a. Give complete description: 252-306.2806 :: : _r�.ti •as=:nacoas:a9mctya�nv:n4rnf,ra Fnvsod3 921:2710f3 1 NORTH CAROLINA CRAVEN COUNTY IIIIIII IIIIII III illll IIIII IIIII IIIII IIIII hill IIIII lull IIIII lull lull IIII IIII Image ID: 000002120387 Type: CRP Recorded: 06/13/2012 at 11:06:12 AN Fee A:r' $26.00 Page 1 of 9 Revenue Tax: $0. 00 Workfi7w# 0000071687-0003 Crave^, NC Sherri B. Richard Regiater of Deade BK309 V P073 1 RECEIVED i DEC 19 2012 D0,f-'NL-D c-ry EXECUTOR'S DEED Prepared by Emanuel & Dunn, PLLC Zewcr� "t SA-cl ,PS D Tax ID 2-037-034 and 2-037-067 THIS DEED, made this the I_ day of ljME , 2012, by and between FIRST -CITIZENS BANK & TRUST COMPANY, Executor of the Estate of RAYMOND E, BENTON, party of the first part; and FIRST -CITIZENS BANK & TRUST COMPANY, Trustee of that certain TRUST AGREEMENT entered into by RAYMOND E. BENTON as Grantor and FIRST -CITIZENS BANK & TRUST COMPANY as Trustee, dated December 4, 1990, as amended and restated on February 19, 2010, as further amended on August 12, 2011 (the "Trust"), ("Trustee"), party of the second part; and GENE RICHARD BENTON, CHARLES FRANKLIN BENTON and ROBERT DELORME in equal shares as tenants in common, whose address is O. 54% 40 . BRt DGETCA Pl C. 2 Qi 519 , parties of the third part. WITNESSETH: THAT WHEREAS, RAYMOND E. BENTON, late of Craven County, North Carolina, died testate on the 21st day of March, 2012; and FOUR-LMkO0000 'ON ,:tiii'TJ)AOM Illllllllllllllllllllllllllliilllllllilllllll111111111111Illllillillilllllllllll Imaqe ID: 0000021N388 Type: CRP Paqe 2 of 9 EK3093 PG733 WHEREAS, FIRST -CITIZENS BANK & TRUST COMPANY qualified as Executor of the Estate of RAYMOND E. BENTON on March 27, 2012 in Craven County, North Carolina, and Letters Testamentary were issued by the Clerk of Superior Court of Craven County on March 27, 2012, Estate File 12 E 212; and WHEREAS, the Notice of Creditors of the Estate of RAY-MOND E. BENTON was first published on April 6, 2012; and WHEREAS, RAYMOND E. BENTON, at the time of death, was seized of the land hereinafter described pursuant to those certain deeds recorded in Book 872, at Page 848 and and Book 1139, at Page 106, in the office of the Register of Deeds of Craven County (his spouse, ELLEN AGNES BENTON, having predeceased him); and WHEREAS, less than two (2) years have passed since the death of RAYMOND E. BENTON; and WHEREAS, pursuant to the Will of RAYMOND E. BENTON, title'vested in the Executor of the Estate, FIRST -CITIZENS BANK & TRUST COMPANY, the party of the first part; and WHEREAS, the pursuant to the terms of Article IV of the Will, the Executor of the Will is directed to distribute the residuary estate to the Trustee, and pursuant to the terms of the Trust, the Grantees (i,e, the parties of the third part) are the beneficiaries of the hereinafter IIIIIIII Imaclailllllllllllllllllllllllllllliillllllllllllllllllllllllllillll!Illilll f� ((�� QQ �9PageQ3 of 9 aY3 ! RECEIVED s DEC 19 2012 described property and Trustee joins in the executio . of this deed to indicaie its agreement with DC'vf-w,TD CITY the distribution in accordance with the terms hereof. NOW, THEREFORE, the party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to party in hand paid by the parties of the third part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell, grant and convey unto the parties of the third part, said parties' heirs and assigns, all those certain tracts or parcels of land more particularly described on that Schedule A attached hereto and incorporation herein. No title examination has been prepared by Emanuel & Dunn, PLLC, for this lot or parcel of land. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the parties of the third part, said parties' heirs and assigns forever as tenants in common. AND the party of the first part, does covenant that said party has not placed nor suffered to be placed any presently existing liens or encumbrances on the premises herein described and that it will warrant and defend the title to the same against the lawful claims of all persons claiming by, through, under or on account of the party of the first part. AND the party of the second part joins in the execution of this deed in order to waive all interest in said property, and to acknowledge the rights of the parties of the third part in and to their inheritance in and to said property under the terms of the Trust. IIIIiIIIIIIIIIIIIItllilllllillllllliilllllllllllllllllill�llllllllllllllllllllll Image ID: 000002Pape90 Type; CRP BK3098PG7 J0 IN TESTIMONY WHEREOF, the parry of the first part has caused this instrument to be executed in its corporate name by its VtCL President, all by order of its Board of Directors duly given, this day and year first above written. *ti,; t,t 'rJt:A'- 11eiHl: CTI"7 FIRST -CITIZENS BANK & TRUST COMPANY Executor of the Estate of RAYMOND E, BENTON BY: (SEAL) Titl ' ILE ?2kZDLrovT FIRST -CITIZENS BANK & TRUST COMPANY Trustee of that certain TRUST AGREEMENT entered into by RAYMOND E. BENTON as Grantor and FIRST - CITIZENS BANK & TRUST COMPANY By, Ul i.. 4.. A, (SEAL) Title, Vv—r6 STATE OF COUNTY OF � F2CU I,',- 1 , d% � , a Notary Public in and for said County and State do hereby certify thatg s � �, personally appeared before me this day and acknowledged that _he is the of First Citizens Bank & Trust Company, (as Executor) and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name b„- its Ih►1111�111 lG 1111I IIIII IIIII IIIII 11111IIIII IIIII Iltll IIIII Illli �� IIII illi IIII Image ID. 000002120391 Type; CRP Page 5 of 9 9K3098 PG741 4� RECEIVED DEC 19 ?plp Witness my hand and seal, this the -IL�_ day of MA t( ,DW-211ID crry �pTgAL taryPublicSigna ���„� G. nfE-FL p _ Notary FFublic Printed Name MP ommoo n,Expires: 2- G - nt oVUU 1111110, / STATE bF A( C, COUNTY OF L.E,AjO/Q I, , a Notary Public in and for said County and State do hereby certify that M — personally appeared before me this day and acknowledged that _he is the of First Citizens Bank & Trust Company, (as Trustee) and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its �e_. Witness my hand and seal, this the tI day oof�/ A d , 2012. �N bF rvY Public Signature �pTAq�� ,' L I.�R C� Notary Public Printed Name TRACT I: IIIIIII Illlli III IIIII IIIIII illli IIIII IIIIIIIIII IIIII IIIII IIIII llllllllll IIIII IIIII IIIII IIIII IIII IIII Image ID: 000002120392 Type: CRP Page 6 of 9 BK3098 PG742 SCHEDULE A All that certain tract or parcel of land lying and being situate in Number Two Township, Craven County, North Carolina, and being more particularly described as follows: Being a portion of Tract No. 9 of Wyatt Place - Riverview Park as shown and delineated on a map recorded - in Map Book 2, Page 130, in the office of the Register of Deeds of Craven County and being more specifically described as follows: -Beginning at an iron pipe in the line dividing Tract No. 9.of Wyatt Place - Riverview Park and Tract No. 8 of Wyatt Place - Riverview Park, both as shown on the aforesaid ma}, said iron pipe being located at the intersection of said line and Duck Creek. Thence from this point of beginning so located along the line dividing said tracts North 26' 37' West 2799.19 feet to an iron pipe; thence South 63° 43' West 250 feet to an iron pipe in the southern line of Tract No. 9; thence along and with the southern line of Tract No. 9 South 260 37' East 2522.38 feet to an iron axle; thence North 560 23' East 50.38 feet to an iron pipe; thence North 26° 37' West 61.41 feet to a point; thence North 810 9' East 134.91 feet to a point; thence South 220 16' East 288.66 feet to a point marking the inter- section of the channel of a canal and Duck Creek; thence up and with Duck Creek North 73' 39''East 94.94 feet to the point of beginning., Being the property depicted as Parcel "A" on a map entitled "Survey and Division of Wiley Nelson Land for Raymond Benon" said map being recorded in Plat Cabinet' the office of the Register of DeSlide IZ!5 , in c6unty. TOGETHER WITH a non-exclusive easement and right-of-way over the easement described by Deed of Easement recorded in Book qi Z , page �' L/:5 in the office of the Registers of Deeds of Craven County, reference to said Deed of Easement being hereby made for a more perfect description of adjacentriparian rights in and to Duck Creek. IIII II I illlli III IIIII IIII Illil IIIII ll!il IIIII (IIII il!I IIII IIII I IIIII IIII IIII Imaqe I0: 000002120393 Tyoe: CRP Page 7 of 9 s1,3098 PU743 REC WED DEC 19 2012 THIS CONVEYANCE IS MADE SUBJECT TO T.HE FOLI 'v1ING COVENANTS, CONDITIONS, RESTRICTIONS, AND AGREEMENTS which shall run with the land herein conveyed DC.W.bN, DC3Z1, and shall also attach to and run with the land d ibed on the pap recorded in Plat Cabinet Slide 3S , in the office of the Rster of Deeds of Craven County as Parcel "B", whether or not same shall be specified in any deeds to said property: (1) The "Canal" connecting the "Basin" with Duck Creek, and the "Basin" both of which Ve shown on he,map recorded in Plat Cabinet,Slide 1'S , in the office of the Register Deeds of Craven County is for the joint use of the owners of Parcel "A" and Parcel "B". -No person shall construct any pier, dock or other construction which protrudes into said Canal and no boat of any type whatsoever shall be tied, moored, anchored, or docked in said, -Canal or the entrance to same. (2) The owner(s). of Parcel.,"A"P'A" Parcel 41B'•' shall have'the rAghtx:=towexpandgthO.aforesaid- Basin by digging • or excavatinea� tYie-"lands"" belonging to such owner(s). (3) The owner(s) of Parcel "A" and Parcel "B" shall each have the right to dredge the Basin and Canal, providing that all spoil from such dredging is deposited on the lands of the persons doing such dredging or consenting thereto. For the purposes of any such dredging the person doing same shall have the right and license to travel on the property adjacent to the area being dredged provided that no damage is'done to any structures and that the conditio -of the premises is rendered the same as when such dredging began. Image ID: 000002120394 Type: CRP, Page a of 9 SK3098PG744 TRACT II: Lying .13 ftu& ta'' , and being In Number -Too (2) T'Own8h North Carbl-ina: b6twe'en 'North- Carolina HIgh N. -Creek, and' b 'in- * c, 55 A.n4. D4ck 0 9 more specifically . . . describ.d� in de-taij-.-;g4--f` at a 'point 'the the" which.. is' 10.1 lowing, 66.urse­ and 'distance from •804-thwesterti c'or'nqr, Of 'Tracts .. f , '` 6 1 2 - 49 -Atd- #10- of 'Rfv ;T4p. 0 ftiW Is• e*rview�-Park, a Of -ift -bf tb6­94gistei'-6f De'eds (7ravpil Qpbfity., 0 a96 f j4a� in -Boo' R"'.' Page.190, 'youth' 260 311 ,is he 3-V I Ing lide"of Traets:'#9'-4jild-#10. 9f r*'aqts #9,and., 411�beirig 19`64 ted ap , said ad 9-te rrj. ine•ok -V.Or. .. '. .1 Jn th ar6f, na be� HIghv4Y, NO',, !P3 tfien'b frorn this Wing ;' 80 u th '26.* 3.."'0`4st 26 5b ., a _ t, a ,,More or 1680, along the -line of . said rzarcts '19 and . #IPO t' Duck Creek'a thence no.!rtN rIY Avilag'D CVCI�Ok .0 the n 4 1 butherh jinte"vE Tra'PET48 O.f - qw, Patk; thence north 260 31 less'minutes West, 2.650 feet more or '4 "a, Iona thepp djv1'-4'in*g' line' of said Tracts :thence south.. tar tve, point, 'of beg4,jjjj'jjj& in t4 dividing' -line R rvieo •-.Pa*rk.- Of Tracts#9 and #10 - Being .that ih&e property cornreydd' by: Clarence UNA 8. 1 aid, VA-Ev Vera P. Phil'l21$9j ..to k,ijey Nelson b - y dead d'atQd' Fcbrqapri� '12 10-59 . f2 in the off""'O' aa-id..dejdd'pppea'r'i4`df record' 16 9dok eW a:'� Vage'*' Ica 09,,t40' Register of needs Of Qrav4ft County. Beinga1Oo part of that sdkna* pr6pqnY"coftveY`ed by V. V.�' -`&ans at to ';%1I1'eY* Ndlsion,'by' ' deed dated April .29, 1955, said ;deed 'appearingUrqc'o'ed -in- Book 61.6p', at. -Page th'egfllcie' of' . the''A6gister ol"D6ki-`bb"Craven C&Unty,. THT'R2 : fg same property 'as CO�ve�ed byF ON THI9 C0kVBYWC9j` all .that. hIile'yo Nelaoxi and wife''to Raymond' E. 1ffni!Oft.*eftd whd gy.'deid-dated -Au"6t 18 1976' of record in V00% 9 P I s hial deed. appedrink' 872 at Page 8,48 in the• office bf. fhd Regis'ter of Deeds of Cravin`bouniy. party, g6 jg%: more. fully shown and' desdrhed as Parcel "B" on"'the map.:entitled ision'o . , . "Sufvey ' iv " *` : k; Vilay" Netabn' ot'R1,ymond Ber viap being recorded in Plat Cabintt7A -IEOh" )' s Eild - I at Slide 135'Al' in the off'ide'of.' the Veg'iiwtor bf Deed.'a :of Craven County;'-'afid' to '.'Ub Wt.' ibte'r'erice is iiiiiiiiiiiiiiiiiiiiii�i►iiiiiii�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Image ID: 000002120395 Type: CRP Page 9 of 9 eK3098 Pa745 RECEIVED DEC 19 2012 This• donveyance" is' also made expressly sub)ect 'all restrici%LV-, 'DCiTY 'covenants of. record, including those as appear :'fit 'the � deed dated •4ugust 224 7, 50, from Riverview,Pa.rkj Incorporated to .Clarence J;' Phillips a;ha Wife, slid deed appea'r•ing: df racbrd' 'in -Book 445 at Page ,205 in the office of the Register of• Deeds of: Craven -'County, and. the' same is- incorporated herein by 'reference,, 'There is also hereby conveyed all right; Title,;' and'.ji erest of Wiley Nelson and wife, Vera Ann Relson, •in and'to• th'tt :certain ' easement or right-of-way as conveyed by Herman zdwaras and wife by •i deed••of'$aseii'fit dated Auguit 1,6i 1976, to"Wiley tlelson, .'said deed• ' betng:.o, recd•rd ir1­,A"iiok 872 at"Page 845'in the office"of•the -Register' of Deena oi`"Craven County. Reference to.- said deed of easement* is hereby mdde for a more'per£dct de.¢criPt'ion .of the same, ' :and together with the adjacent- riparion'righta In and tp Duck - ,Creek.• ''• Further, there is hereby.t;onveye'd• il'l right, titl'e'i anti `i tereet of the grantors herein, including. any rights reserved or granted under the deed 'referred :to'hereinabove dated Au'$nst•.18v 1976from Wiley Nelson 4nd'wife to 'Raymond E, Benton$'said•deed appearing of record in Book 872 at Page 848, in the carialnd connecting the basin with Dyck Creek `athe basin, both of which are shown dn• the main referred to hereiaabove, and any. Tiparian rights of :the parties1.�1ere.to•"in.and to Duck Creek, North Carolina Beverly Eaves Perdue Governor Mr. Charles F. Benton Duck Creek Small Harbor, LLC P.O. Box 40 Bridgeton, NC 28519 �F�i�, w r j� NCDENR Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Dee Freeman Director Secretary December 27, 2012 Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA Major- Duck Creek Marina Dredging Project Stormwater Project No. SW7121207 Craven County Dear Mr. Benton: The Washington Regional Office received a copy of your CAMA Major application for your proposed dredging project located at 699 Galloway Rd near Bridgeton, NC on December 6, 2012. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new Impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000 and SL 2008-211. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and SL 2008-211 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Division of Coastal Management or any other Federal, State or Local Government Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact Roger Thorpe at (252) 946-6481. Sincerely, hAds Regional Supervisor Washington Regional Office cc: Doug Huggett, DCM — Morehead North Carolina Division of Water Quality Internet www.ncwaternaalih.ore One 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 NorthCarolina An Equal CpportunlrylAffitmative Action Employer- 50% Recycled110% Post Consumer Paper , / l / lh(rall y Beverly Eaves Perdue Governor December 4, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Dee Freeman Director Secretary y BECENED JAN 10 2013�V DCM MHD Crry Ken Pace NC DOT, State Construction/Materials Branch Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Duck Creek Small Harbor, LLC DEC 2 / 2012 NEW BEFFIN DISTRICT OFFICE Craven County, at 699 Galloway Rd., adjacent Duck Creek near Bridgeton. Proposed Project: Proposes to dredge the existing access channel in Duck Creek that leads into the 85-slip commercial marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December, 25`l, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. OZ/90� SIGNED DATE 12 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net NorthCarolina An Equal Opportunity 1 AKrmadveAdon Employer Naturally I V DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NANtE: Duck Creek 5mali Harbor, LLC 2. LOC'ATION OF PROJECT SITE: The project is located at 699 Galloway Road adjacent to Duck Creek gear Bridgeton, Craven County. Photo Index-2006: 73-6281, grids T-5 to 0-9; 2000: 73-936, grids U-5 to P-9. State Plane Coordinates - X: 791450.634 Y: 152499.228 Latitude: 35 06 29.74 Longitude: -077 0017.82 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 9/27/12 Was Applicant/Agent Present —Yes RECMED Photos Taken — No r 5. PROCESSING PROCEDURE: Application Received — cc: 11/26/12 JAN 10 2913 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan —1996 Craven County (7/23/99) DCN-yC ty Land Classification from LUP — Rural with Services (B) AEC(s) Involved: PTS, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Septic Planned -none (E) Type of Development: Existing — Commercial marina basin, gravel parking lot, pond, and boat yard Planned - Maintenance dredging of existing access channel (G) Estimated Annual Rate of Erosion: N/A Source — N/A . 1 1 I t 111Z11 II 1� 11! 111� 1►`[KI] NV1.1:1 1] II1� I- i t• • ` 11 (13) Section 404 Wetlands 11 11 24,000 ft11 11 (E) Total Area Disturbed: 115,476 ft (F) Primary Nursery Area: No (G) Water Classification: SC; Sw, NSW Open: No (H) Cultural Resources: none 8. Protect Summary: The applicant wishes to dredge the existing access channel in Duck Creek that leads into the 58-slip commercial marina basin. Field Investigation Report: Duck Creek Marina Paee 2 9. Narrative Description: This site is used for a commercial marina and boat yard, known as Duck Creek Marina, located at 699 Galloway Road near Bridgeton, Craven County. The marina basin supports 58 boat slips. The property is 12.7 acres and is adjacent to Duck Creek. The adjacent properties are undeveloped. The lot has approximately 2,085' of shoreline along Duck Creek. There is a gravel parking area and around the marina basin. There is an office, dry storage, and haul -out at the west end of the basin. The boat yard is west of the office/dry storage building, and there is a borrow pit pond just west of the boat yard. There is also a drainage ditch on the northern property boundary that empties into Duck Creek. The average elevation of the high ground of the parcel is +8' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of trees, lawn grasses, and Section 404 Wetland areas along the western property boundary. There are Coastal Wetlands on the northeastern boundary of the property, adjacent to Duck Creek. There is not a defined Federal Channel in this area of the Neuse River; however there is an existing marked channel leading into the marina basin. Offshore water depths adjacent to the tract range from about —5.5' to —7' nwl. This waterbody is approximately 200' across at this location. This location is a part of. the Neuse River basin. It is subject to wind driven tides and low energy wave action due to its sinuosity and such a narrow fetch. These Public Trust Waters of Duck Creek are not classified as a Primary Nursery Area and there is no submerged aquatic vegetation present. These waters are classified as Inland Fishing Waters. This area is closed to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There are (high marsh) Coastal Wetlands adjacent to the proposed project area. The bottom substrate is firm without shell. 10. Proposed Development: The applicant wishes to perform maintenance excavation of the entrance channel that accesses the mouth of the marina basin for continued commercial use. The applicant wishes to relocate seven existing channel markers. The applicant also wishes to contain the dredge spoils in the borrow pit pond on site. The proposed maintenance excavation will restore the access channel to its previous -7' nwl depth (ref. State Dredge and Fill Permit #196-76). The access channel that is to be dredged is 2,350' long and approximately 35' wide. It spans from the entrance to the Duck Creek Marina's basin heading south towards the Neuse River and stops at the entrance to the borrow pit pond, midway downstream of Duck Creek. Seven of the existing channel markers will be relocated to more accurately mark the edges of the access channel. The spoils from the dredging will be hydraulically pumped into the existing pond behind the marina's boatyard. --This pond is M0' long; 150' Vfd-c-and 42' deep The dewatering diseharge pipe will be - Brad Connell November 28, 2012 Morehead City )Field Investigation Report; Duck Creek Marina Page 3 located on the northwest end o f the pond. 4 will direct discharge water into the existing di lch on the northern property bot day There will: be a seri_s of three rip rap check dams to co-rol flow velocity and trap any potential loose sediment. The discharge waters will then return to Duck Creek via this existing storni walce drainage ditch. 11. Anticipated Impacts: It is anticipated that there will be temporary, but elevated turbidity levels during the course of hydraulic excavation of the channel. The man-made wetland pond will be filled by dewatered spoil material. The maintenance excavation and relocation of the existing channel markers will improve navigation through this portion of Duck Creek. The waters of Duck Creek are classified as SC; Sw, Nutrient Sensitive Waters at this location and are not designated as a Primary Nursery Area. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. This proposal is subject to the NCDWQ Neuse River Basin Riparian Buffer Rules. ,9e RECEIVED JAN 10 2013 MM- UID CITY Brad Connell November 28, 2012 Morehead City Project Narrative Duck Creek Marina (Marina) is a 58 slip marina located on Duck Creek, in the Town of Bridgeton 'Craven County. The tract of land on which the marina facility is located is approx.12.7 acres in size. The marina owners also own an adjacent .7 acre lot which is adjacent to Duck Creek and the marina facility. This lot has a single family residence and a portion of its shoreline has been stabilized with riprap. Adjacent properties are undeveloped. Both properties are serviced with individual septic tanks and well water. Duck Creek is a smaller tributary of the Neuse River. It has been designated as SC; SW, NSW by the NC Environmental Commission and as Inland Waters with jurisdiction lying with the NC Wildlife Commission. There was no submerged aquatic vegetation observed in the channel portion of Duck Creek leading to the Marina. Duck Creek is not designated as a Primary Nursery Area. The Marina facility provides haul -out services with a 35 ton travel lift and has a large repair yard for its customers. Duck Creek Marina has been in existence at this location since at least the early 1970's. In 1976, state and federal permits (Dredge and Fill Permit No.196-76) were issued to Duck Creek Marina and authorized the upland expansion of their existing boat basin. The permitted depth of the basin was -8' below normal water level. Subsequent permit authorizations were obtained for the existing travel lift infrastructure and various sections of shoreline stabilizations. North of the Marina complex (the docks, marina office, storage building and storage yard) there exist an approx. 130' wide x 120' long x 7' deep pond which was excavated during the initial construction of the marina facility. An approx. 4' high berm is located along the perimeter of the pond. Beyond the berm and adjacent filled areas, a 404 forested wetland area exist on the north and west sides of the pond. Along the eastern side of the property, an existing ditch runs the entire length of the property and ultimately discharges into Duck Creek. Over the years, portions of the channel leading to their boat basin have filled in with mud and silt to the point that larger draft boats are having difficulty in accessing the marina and repair yard. After the previous owner of the Marina passed away this year, the new owners (his son, brother and brother—in- law) have decided they need to undertake needed channel excavation work to maintain the integrity of the business. The applicants (Duck Creek Marina) are seeking permission to excavate up to an approximately 2,350' long to -7' normal water level (nwl) deep channel. The first approx 210' of channel leading out of the boat basin will be excavated to a width of 30' with the remaining 2,140' of channel being excavated to a 40' width. Except for the area closest to the basin, existing water depths within the channel range from -5'to -7' nwl with the vast majority of depths being -6' or deeper. Water depths in the channel adjacent to the basin range from-3'/:'to -6 %' with the majority being -5' or shallower. The applicant's proposed channel will terminate in wate, depths of -7 to -8' nw! deep. This is where some years ago, a property owner along Duck Creek received state and federal permits and excavated a 50' wide to -8' nwl deep access channel in Duck Creek all the way out to the Neuse River. The applicant is proposing to perform this excavation work by hydraulic dredg with the -: oils being placed within an existing man-made pond locaied at the back (north) of the boat yard. Thw pond is approx. 160'long x 150' wide -7' deep. The US Army Corps of Engineers has conducted an on -site evaluation of the property and has determined that the pond is a jurisdictional wetland. The berm and the previously filled areas adjacent to the pond were not determined to be wetlands and there is no direct connection from the pond to jurisdictional wetlands or surface waters. This spoil site was selected after the applicant evaluated potential spoil sites in the nearby area and could not find a suitable one that was available and not a wetland site. A barge and bucket excavation was also considered but the cost and the direct and secondary impacts of removing the material from the creek and from the site made this type of operation unfeasible. Brown Dredging Company has conducted an on -site evaluation of the dredging and proposed spoil disposal site. They estimate that approx. 5,000 cubic yards of mud and silt will be excavated. This is because not all of the channel area footprint will be excavated and in some areas only a s*all aftsmom material will be removed. , Future maintenance dredging requirements are not known. g JAN 10 ?r,l. Based upon the volume of material being removed and the existing size and depth of the existing pond, the proposed spoil disposal site (i.e. the existing pond) should be adequate. It is estimated that the pond with its adjacent dike could contain approx.12,800 cu.yds. of material. A water control structure will be placed in the berm and any needed dike work will be performed before excavation begins. The water effluent from the dredging operation will be transferred from the water control structure via a pipe and will discharge into the existing ditch which ultimately empties into Duck Creek. To minimize scouring, a rock apron will be placed in the ditch at the pipe discharge location. Two check dams will also be placed in the ditch downstream from the discharge location. It is believed that after the excavation ends, the elevation of the pond will be below or near its previous elevation (i.e. before the pond was excavated). The applicants already have thirteen (13) pile supported channel markers in Duck Creek within the proposed channel leading to their marina facility. Three (3) of these channel markers will need to be slightly relocated after the excavation work to better identify the channel's location. Seven (7) new pile support channel markers are also proposed which will better define the navigational channel, particularly at its upper end. All markers will be in conformance to applicable US Coast Guard and NC Wildlife Commission rules and regulations. SOM FAM f I ,. I s� I rI r a ! for v�!` NOW L uI "P �yy � ±t � tP 1 �' "V 3 v� i l Y Permit x'- J �K• : yl 'i1.6 . N "'S!Y � (last revised 0. iSt North Carolina DIVISION OF COASTAL MANAGEME 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Duck Creek Small Harbor Llc Duck Creek Marina MI Applicant 1: First Name Last Name F Charles Benton Applicant 2: First Name MI Last Name Gene R Benton Robert E Delorme If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 40 Bridgeton NC ZIP Country Phone No. FAX No. 28519 USA 252-638-1702 ext. 253-637-2045 Street Address (if different from above) City State ZIP 699 Calloway Road Bridgeton NC 28518- Email cfb2@suddenlink.net 2 Agenf/OonMac Information Business Name Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name MI Last Name Charles S Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 296 Bay Drive Smyrna NC ZIP Phone No. 1 Phone No. 2 28579 252 - 729 - 9711 ext. 252 - 725 - 0488 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email -- ---------- ---- -------- cjonesl9@ec.rr.com 2521-;308-2608 .. 1-803-411COASY ., v=; w4v.ncr.oasielrrxar.aEem2n4.ysR Form DCM MP-1 (Page 3 of 51) J APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address I State Rd. # Craven 698 and 699 Calloway Road Subdivision Name city, State Zip Bridgeton NC 28519 - Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 638 -1702 ext. 2, 698 Calloway Rd, 699 Calloway Rd, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade []Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Bridgeton 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. 2,086 583,704 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 12.7 ac., .7 ac., NWL (normal wafer leve9 (If many lot sizes, please attach additional page with a list) 8' ❑NHW or )KNWL e. Vegetation on tract Grass lawns, wetlands and trees RECEIVED .s� t IAN 10 f. Man-made features and uses now on tract Commercial marina/boat yard facility, one residential structure DC:vI-3:RTDCITy g. Identify and describe the existing land uses adiacent to the proposed project site. Presently undeveloped h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Tract is not zoned (Attach zoning compliance certificate, 'd applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a []Yes ®No ❑NA National Register listed or eligible property? - -- - --- - - - <Form continues on next page> - 252-803-260a .. 1.17,_' R C 0 A 6 . .. awiv.;7...cea st �i aiiana g e men t.net Form DCM MP -'I (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? IZYes ❑No (III) If yes to either (i) or (h) above, has a delineation been conducted? ❑Yes NNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic Tanks o. Describe existing drinking water supply source. Private well p. Describe existing storm water management or treatment systems. he S.'Activitfes and. lmpacfs, a. Will the project be for commercial, public, or private use? ®commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore water depths to a channel serving an existing commercial marina and boat yard/repair facility c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A hydraulic dredge will be utilized for the excavation; backhoe, dump truck will be utilized for dike work and riprap placement for check dams and scour apron. d. List all development activities you propose. Excavation of existing access channel leading into marina basin e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2.1 ac (max. creek bottom disturbance) 24,000 sq.ft.(pond bottom ) ®Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. - Dredged material will be pumped (discharged) into an existing man-made pond. Water overflow will be discharged into an existing ditch which ultimately empties into Duck Creek I. Will wastewater or slornwater be discharged into a wetland? ❑Yes []No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA _ _ _ If yes, attach a mitigation proposal._ <Form continues on back> 252.008-2008 .. 1-€895-4:RCOAZT ,. vi re w.r.nccacrsG�sSr:�n.�gevra asp?.ree: I Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 6. AdditionalInformation In addition to this :ompleted application form, (MP-1) the following items b, ow, if applicable, must be submitted in order for the applicat an package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. h. An acairate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the p.-agent status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims We to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Jeanette Hunter and Jacqueline Lane Phone No. 252-638-4974 Address 130 Blueberry Lane, New Bern, NC 28560 Name Rivershore LLC Phone No. 252-633-5106 Address PO Box 12006, New Bern, NC 28561 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Dredge and Fill Permit #196-76 (and subsequent mod cations) h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. RlcrftD Date November 25, 2012 Print Name Charles Jones I Signature 7 JAN 1 0 2013 Please indicate application attachments pertaining to your proposed project. I' l DC4f-hf1,DC17V ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252.80P.2801E -- 1-8885.4R '0ASi �rtrww,nstnasi:n'z ary ;�3o .y eara x: or x.at cat Fagan DCM MP-2 (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 2,350' Width 30'-40' Avg. Existing 5.5' NWL NA NA Depth Final Project -7' NWL ,NA - NA Depth a. Amount of material to be excavated from below NHW or NWL In cubic yards. approx. 5,000 cu. yds. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: 2. 'DISP.,OSAL`QF,EXCAL�ATED MATERIAL :• - , -...,, a. Location of disposal area. within an existing man-made pond C. (i) Do you claim title to disposal area? ®Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner b. Type of material to be excavated. mud/silt d. High -ground excavation in cubic yards. na b. Dimensions of disposal area. 160'x 150'x 12' d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA III) If yes, where? Existing pond if appropriate and permittable e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ®Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW _ ❑SAV ❑SB Spoil will be placed within an existing man-made pond which OWL 24 000 ❑None has no connection to adjacent streams, ditches or Duck Creek (ii) Describe the purpose of disposal in these areas: Spoil from dredging operation will be placed in an existing pond that the USACOE has claimed jurisdiction. The pond is - - --- seperated by -uplands to any -adjacent Wetland andhasno direct - — - - - - - ---- -- - - connections to wetlands or water areas. 25A-8>7fl=:i8Cr8 :: 1-8384TICOAS :: wevvev.rnacoas^:a9naamauaa reaen't.l:eS ravisod: 1212-flos 13. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: _ ❑Bulkhead ❑Rlprap ❑BreakwaterSill ❑Other: Width: Average distance waterward of NHW or NWL e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill_ Other_ i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA If yes, (ii) Amount of material to be placed in the water Riprep will be placed within an existing ditch (iii) Dimensions of fill area i011.5' x 9'F2Q! 6'X2' (maxi' (iv) Purpose of fill To povide additional sedimentation/scouring prevention measures from the effluent discharge of the spoil disposal site d. Maximum distance watenvard of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (il) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. El This section not applicable b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: r +tE�D 5. GENERAL ,rp a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Spoil material will be placed within an existing benned pond. It is hyroulic dredge, backhoe, dumptruck anticipated that the final grade of the spoil material will be at an elevation below the existing pond water level c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project []Yes ®No ❑NA site? []Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Duck Creek Marina Project Name Date November 25, 2012 252-808-:2808 :s 1-888-4RCOAST :: --wwvvjics:x..:. -. e ?lip:-, t..t Charles Jones Applicant;Nam- (1, Applicant Signature sS? Si7S-�$fl'3 :: i•cB93£i :'?CG+:G`�, a ::.luv.r r✓.earesaz4.ada7;�sr3�n. s+ar-n_tme4 W, VjSLd: 121 .6h)$ Form DCM MPA STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM NIP-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 ❑PublielGovemment ❑Pdvate/Communty ®This section not applicable b. (i) Will the facility be open to the general public? []Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ❑No (ii) Number If yes: (iii) Length (it) Number — (iv) Width (iii) Length (v) Floating ❑Yes ❑No (iv) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? []Yes []No f. (i) Are Boatlifts included? []Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width _ (iv) Width — (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies — ❑ Dockage ('Wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. 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, sail boats, mixed types). [-]Open water; dredging for basin and/or channel — []Open water; no dredging required ❑Other; please describe: k. Typical boat length: I. (i) Will the facility be open to the general public? ❑Yes ❑No SEC m. (i) Will the facility have tie pilings? ❑Yes ❑No ✓qN 1 - (it) If yes number of tie pilings? ©?0�3 252-808-.::308 1-83e-$Ri OAST :: vv _nc saast�3madr cn+a n#_asks revised: 12i27!06 Z DOCKING FACILITY/MARINA OPERATIONS "'''®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 ❑ Boatholding tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (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 of? h. Give the number of channel markers and "No Wake" signs proposed. i. 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? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No :2S2-3u+9.2.6�8 :: 2-S:s't�RGtJ�1F5'3" :: vv<=nv.r,:eo�s4� ine�aa3��:resnl-rze'?. rep°is.xrl: •i2/;Z7?t3�� n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? [-]Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wedandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CVV ❑SAV ❑SB OWL ❑Ncne p. Is the proposed marina/docking facility located within or within close proximily to any shellfish leases I ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lift) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®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 D. Average oiskance uum rvnvv, M.. ' �' � 6. MOORING PILINGS and BUOYS ®This section not applicable' a. Is the structure(s): b. Number ❑Commercial ❑Publir/Government ❑PrivatelCommunity c. Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing RE�'ED 7. GENERAL lA1J 10 2013 u�t-Z:3fl1s 9 m3:3-=17+.4: � r{ nrcnastalmanagament_net reins d: 12127/06 a. Proximity of structure(s) to adjacent riparian property lines Proposed channel markers will be a minimum of 40' from any adjacent property owner Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body varies from approx. 50' to 400' e. (i) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. Seven (7) new pile supported channel markers will be placed at the edge of the dredged channel. They will be marked in accordance with applicable US Coast Guard and NC Wildlife Commission regulations b. Proximity of structure(s) to adjacent docking facilities. One proposed channel marker will be within 30' of applicant's marina docks d. Water depth at waterward end of structure at NLW or NWL Proposed depth of -T nwl deep �IJCi�3-Y"(Il3 fii i �' 8:` OTHER®This section not applicable' a. Give complete description: - ::'8-88&,',si'; 0AZT ;; w.v^rf.7cc�as.ra9znar;:anesnesat,rt,4 ;n�it,o-�d; 9a12 T/rJa, Howell, Jonathan ' From: Wheeler, Tracey L SAW [Tracey.L.Wheeler@usace.army.mil] Sent: Monday, February 04, 2013 10:38 AM To: Howell, Jonathan Subject: Duck Creek Small Harbor LLC (UNCLASSIFIED) Attachments: Duck Creek Marina F0RMCL31.DCM.pdf, GPBO-0291signed. pdf Classification: UNCLASSIFIED Caveats: NONE Jonathan, The U.S. Army Corps of Engineers, Wilmington District has authorized Duck Creek Small Harbor, LLC Attention: Mr. Charles Benton to conduct excavation in Duck Creek to improve navigation into the existing Duck Creek Marina located at the southeast end of Galloway Road in the Town of Bridgeton in Craven County, North Carolina. The proposed excavation would impact 2.1 acres of shallow creek bottom. Excavated material would be placed in an existing jurisdictional borrow pond on the site. This authorization also includes relocation of seven channel markers within Duck Creek. This authorization was issued via Programatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All terms and conditions of this permit apply. Please add the following conditions: 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. To minimize the impacts to aquatic species, no in water work may occur between February 15 through September 30 of any year. 3. In order to prevent adverse impacts to water quality in the marina basin, the maintained depth of the basin should not exceed the permitted channel depths (-7'NWL). 4. The height of material placed in the existing borrow pond on the property may not exceed the height of adjacent wetlands. SAW-2013-00137 Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. 1 Classification: UNCLASSIFIED Caveats: NONE NCDENR North Carolina Department of Environment and Natural Resources' Division of Water Quality Pat McCrory Charles Wakild, P. E. `Johh E ,Skvarla; III Governor Director Secretary January 25, 2013 DWQ Project# 12-1110 Craven County Duck Creek Small Harbor, LLC Mr. Charles Benton 10T A CA ' PERMfT Post Office Box 40 Bridgeton, NC 28519 Subject Property: Duck Creek Marina, Bridgeton Neuse river Basin, Duck Creek [NEU 10, 27-103; NSW, SC, Sw] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Benton: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 2.1 acres of waters from dredge and 0.55 acres of waters from fill for the purpose of channel maintenance dredging at the subject propeity, as described within your CAMA Major application dated November 11, 2012 and received by tye N:C. Division of Water Quality (DWQ) on December 6, 2012. The impacts described in your application are covered' by General Water Quality Certification Number(s) 3900 (GC3900). This Certification(s) is issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In addition, you should obtain or otherwise comply with. any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge regulations. Also, this approval'to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (It). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. North Carolina Division of Water Quality Internet: www.nmatermmlilv.ore 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunity/AtBrmative Action Employer —50% Recycled/10% Post Consumer Paper Nne orthCarohna Naturally Duck Creek Small Harbor, LLC Mr. Charles Benton Page 2 of 3 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Stream feet 404 W t a res a �ti J a14.11 (iOV4) Dredging 0.55 acres Fill Plan Sheets 1 of 2, 2 of 2 Buffers (square ft. 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 4. Work Moratorium The Pennittee shall adhere to all appropriate in -water work moratoriums prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. S. Dredge material is to be placed in old borrow pit as described in your application. It is recommended that water in barrow pit be pumped down a sufficient level to allow turbidity to settle out of dredge materials. During dredging operations discharge turbidity into receiving waters must not exceeds 25 NTU's above back ground levels. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Duck Creek Small Harbor, LLC Mr. Charles Benton Page 3 of 3 Raleigh, N.C. 27699-6714. This certification and its condition's are final and'binding unless.you ask for a hearing. This letter completes the review of the Division of Water Quality under`Section 40I of the,Clean Water Act as described within 15A NCAC 2H .0500. If. you have, any, question's, please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919-807-6360. Sincerely, ad aovk- For Charles akild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Tracey Wheeler, Corps of Engineers, Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Brad Connell DEMLR, WaRO File copy Huggett, Doug From: Hackney, Karen Sent: Monday, January 28, 2013 2:14 PM To: Tracey Wheeler; Huggett, Doug; Mcclain, Pat; Connell, Brad Subject: 401 approval letter for DWQ#12-1110 Duck Creek Marina Bridgeton Craven County Attachments: DWQ#12-1110 401 App Duck Creek Marina Bridgeton Craven Co Itr.pdf Attached is the 401 approval letter for the DWQ project listed above. IZaren Hackney Office Assistant DWQ-Surface Water Protection Section (4oi/Wetlands) NC Dept. of Environment & Natural Resources (NCDENR) Washington Regional Office (WaRO) 943 Washington Square Mall Washington NC 27889 (252) 948-3925 Pursuant to North Carolina General Statues Chapter 132, Public Records, this electronic mail message and any attachments, as well as any electronic snail message(s) that may be sent in response to it may be considered public record and as such are subject to request and review by anyone at any time. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Duck Creek Small Harbor, LLC 2. LOCATION OF PROJECT SITE: The project is located at 699 Galloway Road adjacent to Duck Creek near Bridgeton, Craven County. Photo Index-2006: 73-6281, grids T-5 to 0-9; 2000: 73-936, grids U-5 to P-9. State Plane Coordinates - X: 791450.634 Y: 152499.228 Latitude: 35 06 29.74 Longitude: -077 0017.82 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 9/27/12 Was Applicant/Agent Present —Yes Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 11/26/12 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan —1996 Craven County (7/23/99) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: PTS, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Septic Planned - none (E) Type of Development: Existing — Commercial marina basin, gravel parking lot, pond, and boat yard Planned - Maintenance dredging of existing access channel (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: FRS D FILLED INCORP/SHADED (A) Deep Bottom 91,476 ftZ (B) Section 404 Wetlands 24,000 ft2 (E) Total Area Disturbed: 115.476 ft (F) Primary Nursery Area: No (G) Water Classification: SC; Sw, NSW Open: No (H) Cultural Resources: none 8. Proiect Summary: The applicant wishes to dredge the existing access channel in Duck Creek that leads into the 58-slip commercial marina basin. Field Investigation Report: Duck Creek Marina Paec 2 9. Narrative Description: This site is used for a commercial marina and boat yard, known as Duck Creek Manna, located at 699 Galloway Road near Bridgeton, Craven County. The manna basin supports 58 boat slips. The property is 12.7 acres and is adjacent to Duck Creek. The adjacent properties are undeveloped. The lot has approximately 2,085' of shoreline along Duck Creek. There is a gravel parking area and around the marina basin. There is an office, dry storage, and haul -out at the west end of the basin. The boat yard is west of the office/dry storage building, and there is a borrow pit pond just west of the boat yard. There is also a drainage ditch on the northern property boundary that empties into Duck Creek. The average elevation of the high ground of the parcel is +8' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of trees, lawn grasses, and Section 404 Wetland areas along the western property boundary. There are Coastal Wetlands on the northeastern boundary of the property, adjacent to Duck Creek. There is not a defined Federal Channel in this area of the Neuse River; however there is an existing marked channel leading into the marina basin. Offshore water depths adjacent to the tract range from about —5.5' to —7' nwl. This waterbody is approximately 200' across at this location. This location is a part of the Neuse River basin. It is subject to wind driven tides and low energy wave action due to its sinuosity and such a narrow fetch. These Public Trust Waters of Duck Creek are not classified as a Primary Nursery Area and there is no submerged aquatic vegetation present. These waters are classified as Inland Fishing Waters. This area is closed to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There are (high marsh) Coastal Wetlands adjacent to the proposed project area. The bottom substrate is firm without shell. 10. Proposed Development: The applicant wishes to perform maintenance excavation of the entrance channel that accesses the mouth of the marina basin for continued commercial use. The applicant wishes to relocate seven existing channel markers. The applicant also wishes to contain the dredge spoils in the borrow pit pond on site. The proposed maintenance excavation will restore the access channel to its previous -7' nwl depth (ref. State Dredge and Fill Permit #196-76). The access channel that is to be dredged is 2,350' long and approximately 35' wide. It spans from the entrance to the Duck Creek Marina's basin heading south towards the Neuse River and stops at the entrance to the borrow pit pond, midway downstream of Duck Creek. Seven of the existing channel markers will be relocated to more accurately mark the edges of the access channel. The spoils from the dredging will be hydraulically pumped into the existing pond behind the manna's boat yard. This pond is 160' long, 150' wide, and -12' deep. The dewatering discharge pipe will be Brad Connell November 28, 2012 Morehead City Field Investigation Report: Duck Creek Marina Page 3 located on the northwest end of the pond. It will direct discharge water into the existing ditch on the northern property boundary. There will be a series of three rip rap check dams to control flow velocity and trap any potential loose sediment. The discharge waters will then return to Duck Creek via this existing storm water drainage ditch. 11. Anticipated Impacts: It is anticipated that there will be temporary, but elevated turbidity levels during the course of hydraulic excavation of the channel. The man-made wetland pond will be filled by dewatered spoil material. The maintenance excavation and relocation of the existing channel markers will improve navigation through this portion of Duck Creek. The waters of Duck Creek are classified as SC; Sw, Nutrient Sensitive Waters at this location and are not designated as a Primary Nursery Area. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. This proposal is subject to the NCDWQ Neuse River Basin Riparian Buffer Rules. Brad Connell November 28, 2012 Morehead City RECEIVED Project Narrative ! NOV 26 7uiL Duck Creek Marina (Marina) is a 58 slip marina located on Duck Creek, in the Town of Bridgeton, Chian County. The tract of land on which the marina facility is located is approx. 12.7 acres in size. The marina owners also own an adjacent .7 acre lot which is adjacent to Duck Creek and the marina facility. This lot has a single family residence and a portion of its shoreline has been stabilized with riprap. Adjacent properties are undeveloped. Both properties are serviced with individual septic tanks and well water. Duck Creek is a smaller tributary of the Neuse River. It has been designated as SC, SW, NSW by the NC Environmental Commission and as Inland Waters with jurisdiction lying with the NC Wildlife Commission. There was no submerged aquatic vegetation observed in the channel portion of Duck Creek leading to the Marina. Duck Creek is not designated as a Primary Nursery Area. The Marina facility provides haul -out services with a 35 ton travel lift and has a large repair yard for its customers. Duck Creek Marina has been in existence at this location since at least the early 1970's. In 1976, state and federal permits (Dredge and Fill Permit No. 196-76) were issued to Duck Creek Marina and authorized the upland expansion of their existing boat basin. The permitted depth of the basin was -8' below normal water level. Subsequent permit authorizations were obtained for the existing travel lift infrastructure and various sections of shoreline stabilizations. North of the Marina complex (the docks, marina office, storage building and storage yard) there exist an approx. 130' wide x 120' long x 7' deep pond which was excavated during the initial construction of the marina facility. An approx. 4' high berm is located along the perimeter of the pond. Beyond the berm and adjacent filled areas, a 404 forested wetland area exist on the north and west sides of the pond. Along the eastern side of the property, an existing ditch runs the entire length of the property and ultimately discharges into Duck Creek. Over the years, portions of the channel leading to their boat basin have filled in with mud and silt to the point that larger draft boats are having difficulty in accessing the marina and repair yard. After the previous owner of the Marina passed away this year, the new owners (his son, brother and brother —in- law) have decided they need to undertake needed channel excavation work to maintain the integrity of the business. The applicants (Duck Creek Marina) are seeking permission to excavate up to an approximately 2,350' long to -7' normal water level (nwl) deep channel. The first approx 210' of channel leading out of the boat basin will be excavated to a width of 30' with the remaining 2,140' of channel being excavated to a 40' width. Except for the area closest to the basin, existing water depths within the channel range from -5 'to -7' nwl with the vast majority of depths being -6' or deeper. Water depths in the channel adjacent to the basin range from -3 h ' to -6 W with the majority being -5' or shallower. ( RECEIVED NOV 2 6 2012 The applicant's proposed channel will terminate in water depths of -7 to -8' nwl deep. TWS ib*M-DCITY some years ago, a property owner along Duck Creek received state and federal permits and excavated a 50' wide to -8' nwl deep access channel in Duck Creek all the way out to the Neuse River. The applicant is proposing to perform this excavation work by hydraulic dredge with the spoils being placed within an existing man-made pond located at the back (north) of the boat yard. The pond is approx. 160'long x 150' wide -7' deep. The US Army Corps of Engineers has conducted an on -site evaluation of the property and has determined that the pond is a jurisdictional wetland. The berm and the previously filled areas adjacent to the pond were not determined to be wetlands and there is no direct connection from the pond to jurisdictional wetlands or surface waters. This spoil site was selected after the applicant evaluated potential spoil sites in the nearby area and could not find a suitable one that was available and not a wetland site. A barge and bucket excavation was also considered but the cost and the direct and secondary impacts of removing the material from the creek and from the site made this type of operation unfeasible. Brown Dredging Company has conducted an on -site evaluation of the dredging and proposed spoil disposal site. They estimate that approx. 5,000 cubic yards of mud and silt will be excavated. This is because not all of the channel area footprint will be excavated and in some areas only a small amount of material will be removed. Future maintenance dredging requirements are not known Based upon the volume of material being removed and the existing size and depth of the existing pond, the proposed spoil disposal site (i.e. the existing pond) should be adequate. It is estimated that the pond with its adjacent dike could contain approx.12,800 cu.yds. of material. A water control structure will be placed in the berm and any needed dike work will be performed before excavation begins. The water effluent from the dredging operation will be transferred from the water control structure via a pipe and will discharge into the existing ditch which ultimately empties into Duck Creek. To minimize scouring, a rock apron will be placed in the ditch at the pipe discharge location. Two check dams will also be placed in the ditch downstream from the discharge location. It is believed that after the excavation ends, the elevation of the pond will be below or near its previous elevation (i.e. before the pond was excavated). The applicants already have thirteen (13) pile supported channel markers in Duck Creek within the proposed channel leading to their marina facility. Three (3) of these channel markers will need to be slightly relocated after the excavation work to better identify the channel's location. Seven (7) new pile support channel markers are also proposed which will better define the navigational channel, particularly at its upper end. All markers will be in conformance to applicable US Coast Guard and NC Wildlife Commission rules and regulations. DIVISION OF COASTAL rVIANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Duck Creek Small Harbor, i ! .0 2. LOCATION OF PROJECT SITE: The project is located at 699 Galloway Roar'. adjacent to Duck Creek near Bridgeton, Craven County. Photo Index-2006: 73-6281, grids T-5 to 0-9; 2000: 73-936, grids U-5 to P-9. State Plane Coordinates - X: 791450.634 Y: 152499.228 Latitude: 35 06 29.74 Longitude: -077 00 17.82 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 9/27/12 Was Applicant/Agent Present —Yes Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 11/26/12 Office - MHC 6. SITE DESCRIPTION: RECEMD (A) Local Land Use Plan —1996 Craven County (7/23/99) Land Classification from LUP — Rural with Services DEC 18 2012 (B) AEC(s) Involved: PTS, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial DCMCrry (E) Wastewater Treatment: Existing — Septic Planned. -none (E) Type of Development: Existing —Commercial marina basin, gravel parking lot, pond, and boat yard Planned - Maintenance dredging of existing access channel (G) Estimated Annual Rate of Erosion: N/A Source — N/A . s i s 1 1► 1: 1 1 1 ► �Z17 t77f.9I1:� lJsl1� Deep Bottom 11 (B) Section 404 Wetlands 11 11 24,000 ft` 11 11 (E) Total Area Disturbed: 115,476 W (F) Primary Nursery Area: No (G) Water Classification: SC; Sw, NSW Open: No (H) Cultural Resources: none 8. Project Summary: The applicant wishes to dredge the existing access channel in Duck Creek that leads into the 58-slip commercial marina basin. I Field Investigation Report: Duck Creek Marina Page 2 9. Narrative Description: This site is used for a commercial marina and boat yard, known as Duck Creek Marina, located at 699 Galloway Road near Bridgeton, Craven County. The marina basin supports 58 boat slips. The property is 12.7 acres and is adjacent to Duck Creek. The adjacent properties are undeveloped. The lot has approximately 2,085' of shoreline along Duck Creek. There is a gravel parking area and around the marina basin. There is an office, dry storage, and haul -out at the west end of the basin. The boat yard is west of the office/dry storage building, and there is a borrow pit pond just west of the boat yard. There is also a drainage ditch on the northern property boundary that empties into Duck Creek. The average elevation of the high ground of the parcel is +8' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of trees, lawn grasses, and Section 404 Wetland areas along the western property boundary. There are Coastal Wetlands on the northeastern boundary of the property, adjacent to Duck Creek. There is not a defined Federal Channel in this area of the Neuse River; however there is an existing marked channel leading into the marina basin. Offshore water depths adjacent to the tract range from about —5.5' to —7' nwl. This waterbody is approximately 200' across at this location. This location is a part of the Neuse River basin. It is subject to wind driven tides and low energy wave action due to its sinuosity and such a narrow fetch. These Public Trust Waters of Duck Creek are not classified as a Primary Nursery Area and there is no submerged aquatic vegetation present. These waters are classified as Inland Fishing Waters. This area is closed to shellfish harvest and is classified as SC; Sw, Nutrient Sensitive Waters. There are (high marsh) Coastal Wetlands adjacent to the proposed project area. The bottom substrate is firm without shell. 10. Proposed Development: The applicant wishes to perform maintenance excavation of the entrance channel that accesses the mouth of the marina basin for continued commercial use. The applicant wishes to relocate seven existing channel markers. The applicant also wishes to contain the dredge spoils in the borrow pit pond on site. The proposed maintenance excavation will restore the access channel to its previous -7' nwl depth (ref. State Dredge and Fill Permit #196-76). The access channel that is to be dredged is 2,350' long and approximately 35' wide. It spans from the entrance to the Duck Creek Marina's basin heading south towards the Neuse River and stops at the entrance to the borrow pit pond, midway downstream of Duck Creek. Seven of the existing channel markers will be relocated to more accurately mark the edges of the access channel. The spoils from the dredging will be hydraulically pumped into the existing pond behind the marina's boat yard. --This pond is T601otig� 150' wide; and =22' deep: -The dewatering discharge pipe will be - Brad Connell November 28, 2012 Morehead City Field Investigation Report: Duck Creek Marina Page 3 located on the north,,vest end of the pond. It will direct discharge water into the existing ditch on the northern property boundary. There will be a serks of three rip rap check dams to control flow velocity and trap any potentia! loose sediment. The discharge waters will then return to Duck Creek via this existing storin water d:-ainage ditch. 11. Anticivated Impacts: It is anticipated that there will be temporary, but elevated turbidity levels during the course of hydraulic excavation of the channel. The man-made wetland pond will be filled by dewatered spoil material. The maintenance excavation and relocation of the existing channel markers will improve navigation through this portion of Duck Creek. The waters of Duck Creek are classified as SC; Sw, Nutrient Sensitive Waters at this location and are not designated as a Primary Nursery Area. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. This proposal is subject to the NCDWQ Neuse River Basin Riparian Buffer Rules. fi RECMTD DEC 18 2012 6 DCM-MHD CITY Brad Connell November 28, 2012 Morehead City Project Narrative Duck Creek Marina (Marina) is a 58 slip marina located on Duck Creek, in the Town of Bridgeton;'Craven County. The tract of land on which the marina facility is located is approx. 12.7 acres in size. The marina owners also own an adjacent .7 acre lot which is adjacent to Duck Creek and the marina facility. This lot has a single family residence and a portion of its shoreline has been stabilized with riprap. Adjacent properties are undeveloped. Both properties are serviced with individual septic tanks and well water. Duck Creek is a smaller tributary of the Neuse River. It has been designated as SC; SW, NSW by the NC Environmental Commission and as Inland Waters with jurisdiction lying with the NC Wildlife Commission. There was no submerged aquatic vegetation observed in the channel portion of Duck Creek leading to the Marina. Duck Creek is not designated as a Primary Nursery Area. The Marina facility provides haul -out services with a 35 ton travel lift and has a large repair yard for its customers. Duck Creek Marina has been in existence at this location since at least the early 1970's. In 1976, state and federal permits (Dredge and Fill Permit No. 196-76) were issued to Duck Creek Marina and authorized the upland expansion of their existing boat basin. The permitted depth of the basin was -8' below normal water level. Subsequent permit authorizations were obtained for the existing travel lift infrastructure and various sections of shoreline stabilizations. North of the Marina complex (the docks, marina office, storage building and storage yard) there exist an approx. 130' wide x 120' long x 7' deep pond which was excavated during the initial construction of the marina facility. An approx. 4' high berm is located along the perimeter of the pond. Beyond the berm and adjacent filled areas, a 404 forested wetland area exist on the north and west sides of the pond. Along the eastern side of the property, an existing ditch runs the entire length of the property and ultimately discharges into Duck Creek. Over the years, portions of the channel leading to their boat basin have filled in with mud and silt to the point that larger draft boats are having difficulty in accessing the marina and repair yard. After the previous owner of the Marina passed away this year, the new owners (his son, brother and brother —in- law) have decided they need to undertake needed channel excavation work to maintain the integrity of the business. The applicants (Duck Creek Marina) are seeking permission to excavate up to an approximately 2,350' long to -7' normal water level (nwl) deep channel. The first approx 210' of channel leading out of the boat basin will be excavated to a width of 30' with the remaining 2,140' of channel being excavated to a 40' width. Except for the area closest to the basin, existing water depths within the channel range from -5 ' to -7' nwl with the vast majority of depths being -6' or deeper. Water depths'in the channel adjacent to the basin range from -3 % 'to -6 %' with the majority being -5' or shallower. The applicant's proposed channel will terminate in water depths of -7 to -8' nwl deep. This is where some years ago, a property owner along Ducr Creek received state and federal permits and excavated a 50' wide to -8' nwl deep access channel in Duck Creek all the way out to the Neuse River. The applicant is proposing to perform this excavation wcr'c by hydraulic dredge with the spoils being placed within an existing man-made pond located at the back (north) of the boat yard. 'I he pond is approx. 160'long x 150' wide -7' deep. The US Army Corps of Engineers has conducted an on -site evaluation of the property and has determined that the pond is a jurisdictional wetland. The berm and the previously filled areas adjacent to the pond were not determined to be wetlands and there is no direct connection from the pond to jurisdictional wetlands or surface waters. This spoil site was selected after the applicant evaluated potential spoil sites in the nearby area and could not find a suitable one that was available and not a wetland site. A barge and bucket excavation was also considered but the cost and the direct and secondary impacts of removing the material from the creek and from the site made this type of operation unfeasible. Brown Dredging Company has conducted an on -site evaluation of the dredging and proposed spoil disposal site. They estimate that approx. 5,000 cubic yards of mud and silt will be excavated. This is because not all of the channel area footprint will be excavated and in some areas only a small amount of material will be removed. Future maintenance dredging requirements are not known. Based upon the volume of material being removed and the existing size and depth of the existing pond, the proposed spoil disposal site (i.e. the existing pond) should be adequate. It is estimated that the pond with its adjacent dike could contain approx. 12,800 cu.yds. of material. A water control structure will be placed in the berm and any needed dike work will be performed before excavation begins. The. water effluent from the dredging operation will be transferred from the water control structure via a pipe and will discharge into the existing ditch which ultimately empties into Duck Creek. To minimize scouring, a rock apron will be placed in the ditch at the pipe discharge location. Two check dams will also be placed in the ditch downstream from the discharge location. It is believed that after the excavation ends, the elevation of the pond will be below or near its previous elevation (i.e. before the pond was excavated). The applicants already have thirteen (13) pile supported channel markers in Duck Creek within the proposed channel leading to their marina facility. Three (3) of these channel markers will need to be slightly relocated after the excavation work to better identify the channel's location. Seven (7) new pile support channel markers are also proposed which will better define the navigational channel, particularly at its upper end. All markers will be in conformance to applicable US Coast Guard and NC Wildlife Commission rules and regulations. IWkEECIMM DFr- I R �T» I! APPLICATION for Maier e It= iFj Ll *ca1l (last revised 12/27106) Worth Carolina DIVISION OF COASTAL AGEME 1.. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Duck Creek Small Harbor Llc Duck Creek Marina Applicant 1: First Name F I Last Name Charles Benton Applicant 2: First Name MI Last Name Gene R Benton Robert E Delorme If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City 7NtC te 40 Bridgeton ZIP Country Phone No. FAX No. 28519 USA 252-638-1702 ext. 253-637-2045 Address(ifdifferent from above) rBri'dgeton State T28518- Street699 Calloway Road NC Email cfb2@suddenlink.net 2 Agent/Contractor Information 2 Agent/Contractor Information Business Name Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name Charles MI S Last Name Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address 296 Bay Drive PO Box City Smyrna, State NC ZIP 28579 Phone No. 1 252 - 729 - 9711 ext. Phone No. 2 252 - 725 - 0488 ext. FAX No. Contractor# Street Address (if different from above) City State ZIP Email -- ------ ------ — -- - - --- - cjones19@e—-- c.rrccom 25�.8 (4$-2;%O r� .. #-]3 i3?�-.S'kd7; 5�AtS7 ..:ntww.nrtsn�e•izal¢»asaew�2rvtsn4.aa .mfi Form DQM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit Project Location — Count,, (can be mLriple) Street Address State Rd. # Craven 698 and 699 Calloway Road Subdivision Name City State ZI8 6ridgeton NC i519 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 638 -1702 ext. 2, 698 Calloway Rd, 699 Calloway Rd, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade []Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Bridgeton 4. Site Descilption a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. 2,085' 583,704 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 12.7 ac., .7 ac., (If many lot sizes, please attach additional page with a list) 8' ❑NHW or ®NWL e. Vegetation on tract Grass lawns, wetlands and trees I. Man-made features and uses now on tract Commercial marina/boat yard facility, one residential structure g. Identify and describe the existing land uses adjacent to the proposed project site. Presently undeveloped h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Tract is not zoned (Attach zoning compliance certificate, 9 applicable) zoning ❑Yes ®NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? [--]Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> DEC 18 2012 nr•� r ,. q�t,,R4 252-S03-260P .. ..- - , - •• www.necoastaSmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? EYes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ENo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic Tanks o. Describe existing drinking water supply source. Private well p. Describe existing stone water management or treatment systems. na 5 ActiWties,arid lmpacts , a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore water depths to a channel serving an existing commercial marina and boat yard/repair facility c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A hydraulic dredge will be utilized for the excavation; backhoe, dump truck will be utilized for dike work and riprap placement for check dams and scour apron. d. List all development activities you propose. Excavation of existing access channel leading into marina basin e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2.1 ac (max. creek bottom disturbance) 24,000 sq.ft.(pond bottom ) I ESq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ENo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Dredged material will be pumped (discharged) into an existing man-made pond. Water overflow will be discharged into an existing ditch which ultimately empties into Duck Creek i. Will wastewater or stonnwater be discharged into a wetland? []Yes []No ENA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ENA j. Is there any mitigation proposed? ❑Yes ENo ❑NA _ _ __ If yes :attach a mitigation proposal._ _ <Form continues on back> 252-908-2,PGB" .. 1-SEE-4; COA 7 ..>,•iwuv..aLamzas4a9nzareagenrete 4.seet Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Additional Information j In addition to this completed application form, (MP-!) the following items below, if applicable, must be submitted in order for the applicator package to be complete. Items (a) — (i) are always applicable to any .major development application. Please consuit the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complela? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Jeanette Hunter and Jacqueline Lane Phone No. 252-638-4974 Address 130 Blueberry Lane, New Bern, NC. 28560 Name Rivershore LLC Phone No. 252-633-5106 Address PO Box 12006, New Bern, NC 28561 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, per ittee, and issuing dates. Stale Dredge and Fill Permit #196-76 (and subsequent modifications) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), K necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7, Certification and Permission to Enter on Land understand that any permit issued in response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date November 25, 2012 Print Name Charles Jones Signature Please indicate application attachments pertaining to your proposed project. RECEM fv ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information ULL 18 2012 252ii0S-2808 ,. 1-833-412COAS T -. 11 Forts DCM MP-2 a"` 'a t r lk y F 9 K (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 2,350' Width 30'-40' Avg. Existing 5.5' NWL NA NA Depth Final Project _7' NWL NA` NA Depth a. Amount of matedal to be excavated from below NHW or NWL in cubic yards. approx. 5,000 cu. yds. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of the excavation in these areas: a. Location of disposal area. within an existing man-made pond c. (i) Do you claim title to disposal area? NYes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB NWL 24000 ❑None III) Describe the purpose of disposal in these areas: Spoil from dredging operation will be placed in an existing pond that the USACOE has claimed jurisdiction. The pond is seperated by uplands -to any adjacent wetland andhasno direct connections to wetlands or water areas. b. Type of matedal to be excavated. mud/silt d. High -ground excavation in cubic yards. na b. Dimensions of disposal area. 160'x 150'x 12' d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA III) If yes, where? Existing pond if appropriate and permittable I. (i) Does the disposal include any area in the water? NYes ❑No ❑NA (it) If yes, how much water area is affected? Spoil will be placed within an existing man-made pond which has no connection to adjacent streams, ditches or Duck Creek 2a2-608.2.80a . 1-398-433C13:Aai :.ravis:vat:' w1 6106 ' 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Le ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Othervyic; C. Average distance waterward of NHW or NWL: d. Max',. um distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other I. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlandsimarsh (CW), If yes, (ii) Amount of material to be placed in the water Riprap will be placed within an existing ditch (iii) Dimensions of fill area 1011.6' x 9` 20 6'X2' (max)' (iv) Purpose of fill To povide additional sedimentation/scouring prevention measures from the effluent discharge of the spoil disposal site a. How will excavated or fill material be kept on site and erosion b. controlled? Spoil material will be placed within an existing bermed pond. It is anticipated that the final grade of the spoil material will be at an elevation below the existing pond water level c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. suomergea aquatic vegetation (sr{v), snen ootrom (sn), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? hyraulic dredge, backhoe, dumptruck d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RBCEIVEI) Duck Creek Marina _.- - Proect Name. _. Date November 25, 2012 ' DEC, 18 2012 DChf•MEiD CrrY 2S2-SUII-28Ui1 :: 'e•6II8-4:`lC(5AS7 :: wuaw_asvcoas€airiianagemeni.ne4 revised: 12/26:i:t Charles Jones Ap Iic, nth r.M Applicant Signature 25"L9�J£F-�88S :: 1,8084FICOAS e :: nevi=e4% Form OCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit. Form DCM MP-1. Be sure to complete all other sections of the Joi d Application that relate to this proposed projec'. Please inrl, e all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑PublidGovemment ❑Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ❑No (ii) Number If yes: (iii) Length (11) Number (iv) Width (iii) Length (v) Floating ❑Yes []No (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? []Yes []No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes [:]No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('vet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k• Typical boat length: in. (i) Will the facility have tie pilings? ❑Yes []No - (i)lf-yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? []Yes ❑No RECEIVED DEC 18 2012 1,488-4RCOAST :c www.11ca oastainlai ¢wntr _net. wu� revised: 12127106 It Z DOCKING FACILITY/MARINA OPERATIONS `®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 ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. I. 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 of? h. Give the number of channel markers and "No Wake" signs proposed. i. 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? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No 252-806-2808:. 11-038-42CORM7 :: s�r^,4ot,.orx;�®a�4�alaraa^,3erer?:=nt.ne�% - ewes"�r7; �.'+. 2710'B r n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No _. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation iSAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO 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 applicable' a. (i) Is the boathouse structure(s): []Commercial ❑PubliGGovernment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripitne dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width a. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6_ MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑PubliGGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL to Number d. Description of buoy (color, inscription, size, anchor, etc.) -t In elna+ ee_r.•.,', revi ed% 42;2710J5 Q a. Proximity of structure(s) to adjacent riparian property lines Proposed channel markers will be a minimum of 40' from any adjacent property owner Note: For buoy or mooring piling, use arc of swing including length ofvesset c. Width of water body varies from approx. 50' to 400' e. (i) Will navigational aids be required as a result of the project? ®Yes []No ❑NA (ii) If yes, explain what type and how they will be implemented. Seven (7) new pile supported channel markers will be placed at the edge of the dredged channel. They will be marked in accordance with applicable US Coast Guard and NC Wildlife Commission regulations a. Give complete description: b. Proximity of structure(s) to adjacent docking facilities. One proposed channel marker will be within 30' of applicant's marina docks d. Water depth at waterward and of structure at NLNI or NWL Proposed depth of -T nwl deep . .•a`; tat', 11,588-0M'a.,DAZT9 tnrpa s_+;._� s ap;aeaArl, amnf,n A ..r, cs, �3:'+,I"''7!°3'b RECEIVED Project Narrative ° OCT 31 2012 \ DCM-MAD CITY Duck Creek Marina is a 58 slip marina located on Duck Creek, in the Town of Bridgeton, Craven County. The tract of land on which the marina facility is located is approx.12.7 acres in size. The marina owners also own an adjacent .7 acre lot which is adjacent to Duck Creek and the marina facility. This lot has a single family residence and a portion of its shoreline has been stabilized with riprap. Adjacent properties are undeveloped. Both properties are serviced with individual septic tanks and well water. The marina facility provides haul -out services with a 35 ton travel lift and has a large repair yard for its customers. Duck Creek Marina has been in existence at this location since at least the early 1970's. In 1976, state and federal permits were issued to Duck Creek Marina and authorized the upland expansion of their existing boat basin. The permitted depth of the basin was -8' below normal water level. Subsequent permit authorizations were obtained for the existing travel lift infrastructure and various sections of shoreline stabilizations., North of the marina complex (the docks, marina office, storage building and storage yard) there exist an approx. 13Y wide x 120' long x 7' deep pond which was excavated during the initial construction of the marina facility. An approx. 4' high berm is located along the perimeter of the pond. Beyond the berm and adjacent filled areas, a 404 forested wetland area exist on the north and west sides of the pond. Along the eastern side of the property, an existing ditch runs the entire length of the property and ultimately discharges into Duck Creek. Over the years, portions of the channel leading to their boat basin have filled in to the point that larger draft boats are having difficulty in accessing the marina and repair yard. After the previous owner of the marina passed away this year, the new owners (his son, brother and brother —in-law) have decided they need to undertake needed channel excavation work to maintain the integrity of the business. The applicants (Duck Creek Marina) are seeking permission to excavate up to an approximately 2,350' long to -7' normal water level (nwl) deep channel. The first approx 230' of channel leading out of the boat basin will be excavated to a width of MY with the remaining 2,140' of channel being excavated to a 40' width. Except for the area closest to the basin, existing water depths within the channel range from -5' to -7' nwl with the vast majority of depths being -6' or deeper. Water depths in the channel adjacent to the basin range from -3 Y:'to -6 Y2' with the majority being -5' or shallower. The applicant's proposed channel will terminate in water depths of -7 to -8' nwl deep. This is where some years ago, a property owner along Duck Creek received state and federal permits and excavated a 50' wide to -8' nwl deep access channel in Duck Creek all the way out to the Neuse River. The applicants have pile supported channel markers in Duck Creek leading to their marina facility. A few of these channel markers will need to be slightly relocated after the channel excavation work to better identify the channel's location. • The applicant is proposing to perform this excavation work by hydraulic dredge with the spoils being placed within an existing man-made pond located at the back (north) of the boat yard. The pond is approx. 160'long x 150' wide -7' deep. The US Army Corps of Engineers has conducted an on -site evaluation of the property and has determined that the pond is a jurisdictional wetland. The berm and the previously filled areas adjacent to the pond were not determined to be wetlands. This spoil site was selected after the applicant evaluated potential spoil sites in the nearby area and could not find a suitable that was available and not a wetland site. A barge and bucket excavation was also considered but the cost and the direct and secondary impacts of removing the material from the creek and from the site made this type of operation unfeasible. Brown Dredging Company has conducted an on -site evaluation of the dredging and proposed spoil disposal site. They estimate that approx. 5,000 cubic yards of mud and silt will be excavated. This is because not all of the channel area footprint will be excavated and in some areas only a small amount of material will be removed. Based upon the volume of material being removed and the existing size and depth of the existing pond, the proposed spoil disposal site (i.e. the existing pond) should be adequate. A water control structure will be placed in the berm and any needed dike work will be performed before excavation begins. The water effluent from the dredging operation will be transferred from the water control structure via a pipe and will discharge into the existing ditch which ultimately empties into Duck Creek. To minimize scouring, a rock apron will be placed in the ditch at the pipe discharge location. Several check dams will also be placed in the ditch downstream from the discharge location. It is believed that after the excavation ends, the elevation of the pond will be below or near its pre -excavated elevation. RECP.IyBD ok . OCT 31 2012 DCM MILD CITY IN Mr-1 APPLICATION for Major Development Permit OCT 31 2012 (last revised 12127/06) DCM-MHDCfTY North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Duck Creek Small Harbor Llc Duck Creek Marina MI Applicant 1: First Name Last Name F Charles Benton Applicant 2: First Name MI Last Name Gene R Benton Robert E Delorme If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 40 Bridgeton NC ZIP Country Phone No. FAX No. 28519 USA 252-638-1702 ext. 253-637-2045 Street Address (IF different from above) State ZIP 699 Calloway Road TBnydg:�n NC 28518- Email cfb2@suddenlink.net 2. Agent/Contractor Information Business Name Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name Charles MI S Last Name Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address 296 Bay Drive PO Box City Smyrna State NC ZIP 28579 Phone No. 1 252 - 729 - 9711 ext. Phone No. 2 252 - 725 - 0488 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email cjonesl9@ec.rr.com 252-808.2808 :: 1-888-4RCOAST :: www. nccoasta l management. net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit <Form continues on back> RECE[ryED OCT 31 2012 DCM.MHDCrrV 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM Ml (Page 3 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Slate Rd. # Craven 698 and 699 Calloway Road Subdivision Name City state Zip Bridgeton NC 28519 - Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 638 -1702 ext. 2, 698 Calloway Rd, 699 Calloway Rd, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Duck Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade []Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Bridgeton 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. 2,085' 13.4 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 12.7 ac., .7 ac., NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8' ❑NHW or ®NWL e. Vegetation on tract Grass lawns, wetlands and trees RECEIVED f. Man-made features and uses now on tract Commercial marinalboat yard facility, one residential structure 4l 00 :3 1 2012 e 40 g. Identify and describe the existing land uses adiacent to the proposed project site. MY Presently undeveloped h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Tract is not zoned (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next ll 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic Tanks RECEIVED Y 1 o. Describe existing drinking water supply source. Private well p. Describe existing storm water management or treatment systems. na 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliGGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore water depths to a channel serving an existing commercial marina and boat yard/repair facility c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A hydraulic dredge will be utilized for the excavation; backhoe, dump truck will be utilized for dike work and riprap placement d. List all development activities you propose. Excavation of existing access channel leading into marina basin e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2.1 ac (max. creek bottom disturbance) 24,000 sq.fL(pond bottom ) ®Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. na i. Will wastewater or stonnwater be discharged into a wetland? [-]Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888.4RCOAST :: www. nccoasta lmanagement. net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with slate application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Jeanette Hunter and Jacqueline Lane Phone No. Address 130 Blueberry Lane, New Bern, NC 28560 Name Rivershore LLC Phone No. 252-633-5106 Address PO Box 12006, New Bern, NC 28561 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Dredge and Fill Permit #196-76 (and subsequent modifications) h. Signed consultant or agent authorization form, if applicable. L Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certff7cadon and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED Date Print Name Charles Jones Signature I 1 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information OCT 31 2012 t 11CM-Mmary 252-808-2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 2,350' Width 30'-40' Avg. Existing 5.5' NWL NA NA Depth Final Project -T, NWL NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. approx. 5,000 cu. yds. c. (1) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: ❑This section not applicable mud/silt d. High -ground excavation in cubic yards. na RECEWM OCT 31 2012 ACM-MHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. within an existing man-made pond 160' x 150' x 12' c. (i) Do you claim We to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL 24000 ❑None (ii) Describe the purpose of disposal in these areas: Spoil from dredging operation will be placed in an existing pond that the USACOE has claimed jurisdiction. The pond is seperated by uplands to any adjacent wetland and has no direct connections to wetlands or water areas. d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, where? Existing pond if appropriate and permittable f. (i) Does the disposal include any area in the water? ®Yes ®No ®NA (ii) If yes, how much water area is affected? Spoil will be placed within an existing man-made pond which has no connection to adjacent streams, ditches or Duck Creek 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmansement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL. e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. RECEIVED Bulkhead backfill _ Riprap _ Breakwater/Sill Other 1. Source of fill material. DCM-MHDCITY 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water Riorab will be placed within an existing ditch (III) Dimensions of fill area 1CrD11.5' x 9` 2(ZD 6'X2' (max)' (iv) Purpose of fill To povide additional sedimentation/scouring prevention measures from the effluent discharge of the spoil disposal site 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Spoil material will be placed within an existing banned pond. It is anticipated that the final grade of the spoil material will be at an elevation below the existing pond water level c. (i) Will navigational aids be required as a result of the project? d. ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. Date submergea aquatic vegetation (SAv), snes bottom (se), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? hyraulic dredge, backhoe, dumplruck (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Project Name 252-808-2808:: 1-888-4RCOAST:: www.nccoastahnan ogenient.net revised: I2r26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Charles Jones Applicant Name Applicant Signature OCT 31 2012 UN`,T" tei►b�'�Tu��1 252-808-2808 :: 1.888.4RCOA3'r n www.ncconstalmanaeement.net revised: 12/26/06 Connell,;Brad From: Connell, Brad Sent: Tuesday, November 06, 2012 12:36 PM To: 'Charles or Janie Jones' Cc: Brownlow, Roy;'cfb2@suddenlink.net' Subject: request for revisions --Duck Creek Marina application is incomplete Importance: High Mr. Jones, hank you for your patience. Our review of your draft submittal is complete. Your application package is thorough and 10 well prepared. However, there are some minor revisions you need to make in order for your application to be considered accepted as complete. These issues are itemized below: 1. Project Narrative: please discuss the presence of any habitat resources that may be in the area (i.e. SAV, finfish, PNA etc.), please reference the state permit # 196-76 in the second paragraph, and discuss whether or not any new channel markers will be added as a result of this proposal. Please address the type of material to be excavated and discuss turbidity barriers, discuss how often this dredging will need to be maintained, and calculate how the pond will be able to contain the spoil material and state exactly how many check dams are proposed in the ditch; 2. Form DCM MP-1, 4b: please quantify the size of the tract in terms of square feet; 3. Form DCM MP-1, 5c: please state that the rip rap is to be used for check dams; 4. Form DCM MP-1, 5h: please discuss the proposed dredge material that will be discharged into the pond and overflow outlet into the adjacent ditch, and where that leads to; 5. Form DCM MP-1, 6d: please provide a copy of the deed; 6. Form DCM MP-1, 6e: please submit $475 payable to the NCDENR; 7. Form DCM MP-1, 6f: please submit the signed green cards and note the telephone number of Jeanette Hunter & Jacqueline Lane; 8. Form DCM MP-1, 6h: please include a signed Agent Authorization form; 9. Form DCM MP-1, 6i: please submit a signed USACE Section 404 Wetland Delineation; 10. Form DCM MP-1, 7: please sign and date the form; 11. Form DCM MP-2, 2f(i): please only check one box --the Yes box; 12. Form DCM MP-2, 4b(i): please check the None box; 13. Form DCM MP-2, (6): please sign and date the form; 14. Work Plan Drawings: please be sure to show all check dam locations (Narrative states "several"), provide notes on the calculations for the pond's holding capacity of 5,000 cubic yards, dewatering, settling, and berm integrity, please show the slope ratio in the proposed channel profile relative to the Normal Water Level (NWL, not NHW). Thank you for your time and consideration in this matter. It is much appreciated. The DCM would like to encourage a meeting in our office at your convenience to discuss these revisions. If you need any assistance in the interim, please do not hesitate to contact me at (252)808-2808 ext. 214. Respectfully, Brad Connell Field Representative NC Division of Coastal Management Peace be with you. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 November 25, 2012 Mr. Brad Connell NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Connell: Please find attached an application from Duck Creek Marina to excavate an access channel and place additional pile supported channel markers in Duck Creek leading to their existing marina facility in the Town of Bridgeton, NC. Also included are checks for $475, deed and agent authorization. Copies of the application have been sent to adjacent riparian property owners by certified mail. Notice of their receipt will be provided once received from the US Post Office. If you have any questions or need additional information, please contact me at the above address or telephone number. RECEIVED 3 Chad clones NOV 2 6 2W Attachments DCM-M?MMY cc: Frank Benton Bob Delorme