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HomeMy WebLinkAbout109-84 MM 08/2007 Minnesott Beach Holdings, LLC '^:�•hhJ�hbGO-0b.}hPN-0AVY:^?2.,Ot-}C4b}b0a\^C�t'i�-}J-0Oh%C�4!0- .ihh\J,4]-}Yi#SNP.`-Y.��.}?J'}}].C'C-J'O��V}.}O-0.OS-i4h0•Y'.�'.-Y}}X!d0}Y\K-CKtK-!•C-:Vt}Y Permit Class Permit Number MODIFICATION/MAJOR 109-84 STATE OF NORTH CAROLINA Department of Environment and Natural Resources , Coastal Resources Commission f w .;�. for X Major Development in an Area of Environmental Concern �% Y pursuant to NCGS 113A-118 OC'v/ X Excavation and/or filling pursuant to NCGS 113-229 Issued to Minnesott Beach Holdings,LLC, 1107 Bennett Road, Arapahoe,NC 28510 Authorizing development in Pamlico County at Neuse River and Alligator Gut, end of SR x 1121. Minnessott Beach , as requested in the permittee's application dated 9/18/06. including the attached workplan drawings (8), all dated "revised 12/5/06". This permit, issued on August 13,2007 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Basin Expansion 1) Excavation shall not exceed -8 feet below the normal water level. In no case shall the depth of :r excavation exceed the depth of connecting waters. 7 y. r 2) Unless specifically altered herein, the dimensions of the areas to be excavated and dredged shall not exceed the areas expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be dredged shall require permit modification. 3) A turbidity screen shall be left between the areas to be excavated and dredged and the Neuse River, and a 24-hour period after completion of excavation shall elapse prior to screen removal to prevent unnecessary siltation into the adjacent waterbody. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee 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 shall be accessible on-site to Department j personnel when the project is inspected for compliance. i y James H. G`egson Director Any maintenance work or project modification not covered l ' hereunder requires further Division approval. Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2010 /nne� d1�1 f) LCc In issuing this permit, the State of North Carolina agrees �•LC� that your project is consistent with the North Carolina Coastal Management Program. Signature o Permittee �nYr:,ic^liiatrrri-:-rti•:ti'Si*r:ti.:s---1%-:V,�-i'-w=�-::..:...;__::.:.y.:.titititi-:-.��-;......:_...,:.,-:x. .�:..`::,h-:•:.;-:::.:-:-�:-:-:-.:-.-:-_;:<::_..<=-::.....-.-...-.<-�:'ST,4.v-:_.:w;.:r,..-,-:.+,tip x:-x r:�•.;,ax' NEnnesott Beach Holdings, LLC Permit# 109-84 Page 2 of 5 ...a�YY.ege �,e a v . _, filled" .....w.�+rM-+D�r,.wwitFr.w�.ww•>,...r�w>w...a..y.Nn..W.tai.r..+.+1�'...,.. .«.n r,• 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not 4 authorized, 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 to the area indicated on the attached workplan drawings behind adequate dikes 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 terminal end of the pipeline shall 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. 9) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) Once the disposal retention area has reached its maximum capacity of approximately 1,600 cubic yards, all dredging and excavation activity shall immediately cease until the spoil material as been given adequate time to de-water. The spoil material shall then be removed from the spoil-retention site to an appropriate upland disposal site or used as backfill behind the authorized bulkhead. Any spoil material that is inadvertently deposited outside the areas indicated on the attached workplan drawings may result in a violation of this permit. Shoreline Stabilization 11) The alignment of the authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. Any request to modify the alignment of the bulkhead from that depicted on the attached workplan drawings shall require a modification of this permit. 12) The bulkhead shall be located landward of all Coastal Wetlands. 13) The bulkhead shall be constructed prior to any backfilling activities. 14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 15) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials appr6ved by department personnel. 16) The fill ruaterial shall be clean and free of any pollutants except in trace quantities. �i-:`-TO.W-}dti-.'•:-`.:ti'i<ti[•::�::.;��:-.:�.:-:.:-....s..::.Tti<-..:::i.::.�i:..titi4:rt\vv:.x �.ti:-.:.:�_..�,...n Ati.:ti'�4*.:4:.}C.Fh:-:}i.?..��.H:-:.:ti.};gv��.:ti ti-4:ti��-:<[.�,ti�`h�:n4i Vti1ti:-:WJ•d-:O:\ti1\ Z Miesott Beach Holdings,LLC Permit# 109-84 Page 3 of 5 M,.a a111fl .,. 17) In order to be compliant with the 2004.Pamlico County Land Use Policy (per Policy 1.1.2.1, pg. 57), a dry fire hydrant shall be installed at the marina. This dry hydrant shall be in place prior to the occupancy of any new slips authorized by this permit. 18) Prior to the occupancy of any reconfigured slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 19) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 20) The marina shall display a sign showing the location of the on-site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 21) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 22) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 23) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 24) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 25) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 26) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 27) This permit does not authorize an increase in the number of slips at the exiting, 152-slip marina. •{i-}.`qii}�7.4 ti-MbPN}M-0i-0'.k-h:ti-:r4:.I-h4'-.4`0+:-}L-!.}0`y}}Oii- '.-0OJa-.�7-}0-. Minnesott Beach Holdings,LLC Permit # 109-84 Page 4 of 5 S&dimentation and Erosion Control 77 NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 28) 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.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 29) 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 shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or :f 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. 30) No excavation shall take place within 10 feet of any Coastal Wetlands. 31) Any non-functional derelict pilings that were associated with the old wooden jetty shall be removed in their entirety. £ 32) This modification shall be attached to the original of Permit No. 109-84, which was issued on 6/18/84, and copies of all documents, including any modifications, transfers, or letters of refinement, shall be readily available on site when Division personnel inspect the project for compliance. 33) All conditions and stipulations of the active permit remain in force under this modification, unless 4 specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. A NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 808-2808 prior to the . commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. r } `-N'•r:tiaV•:•---�:...ate..a...:y:y1ti4:ti 1�i.CK.1.:•.V}.1ti:::...;<v:ti`iii:.:::::.�_.}�K-:z.4.:44.:.:..;._..:.....:iv.4N:i.:v`ti-:.�:,rti.�:•.�:K-:-i:h i-.t.i•:4.ti.,�.;.}it�ti-k\\1•.1•K.;..:.:z.:_:.:i:..::-:KrKKK-::..M�14{^Y}0-00'?' Minnesott Beach Holdings,LLC Permit # 109-84 Page 5 of 5 NOTE: The permittee is cautioned that any future proposal to alter the basin alignment shall be subject to The Environmental Management Commission's Neuse River Basin buffer rules and therefore may not be permitable. NOTE: The high-ground portion of the project was permitted under Express Permit No. 132-05. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 05-1372 vs 2), which was issued on 7/6/07. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE Action Id. No. SAW-2007-153-169) which was issued on 1/19/07. .t rA NC North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary AuL;IISt 14, 2007 Minnesott Beach Holdings, LLC 1107 Bennett Road Arapahoe NC 28510 Dear Sir or Madam: 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. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". 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. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 1 13A- 121.1 or 1 13-229. 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 require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is 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, v Douglas V. Huggett Major Permits and Consistenc} Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Wayfarers Cove Marina for Minnesott Beach Holdings,LLC 2. LOCATION OF PROJECT SITE: Off SR 1121, at 1107 Bennett Road upstream of the ferry lkrbg at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County,North Carolina �� Photo Index -2000: 74-885; I-18,19,20 1995: 74-816; I-4,5,6, J-4,5,6, State Plane Coordinates -X: 2,652,600 Y: 451,400 GPS Rover File#could not obtain Cherry Point Quad. (upper left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/04/06 04/17/06 04/21/05 Was Applicant Present—No No Yes 5. PROCESSING PROCEDURE: Application Received— 12/12/06 Office -Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan-Pamlico County Land Classification From LUP - Community(land), Conservation (water, wetlands) (B) AEC(s)Involved: EW,PTA,CS (C) Water Dependent: YES (D) Intended Use: Commercial Marina (E) Wastewater Treatment: Existing-Individual septic systems Planned - Community low pressure septic system(permitted) (F) Type of Structures: Existing-Access road, marina,various buildings, a dwelling Planned - Marina,bulkhead,boat haul out, and boardwalk (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (B)Non-Vegetated Wetlands ±239,610 ft2 f 10,556 ft2 ±27,642.76 ft2 Basin and Canal maintenance basin shading docks (C) Other ±72,390 ±150,000 Highground berm (D) Total Area Disturbed: ±12.9 acre (f562,556 sq. ft.) (E) Primary Nursery Area: NO (F) Water Classification: B-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to modify existing CAMA Major Permit No. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Wayfarers Cove Marina Minnesott Beach Holdings, LLC Pamlico County Project setting Tom Hicks, on behalf of Minnesott Beach Holdings, LLC, has requested the attached application be processed for a Major Modification of the existing CAMA Major Permit No. 109-84 for a Marina redevelopment under the name of Wayfarers Cove Marina. The project site is located at Minnesott Beach off SR 1121 (Bennett Road) upstream of the ferry landing at the Wayfarers Cove Marina (formerly known as the Minnesott Beach Yacht Basin) site on the Neuse River and a manmade basin and canal (Alligator Gut), near Arapahoe in Pamlico County, North Carolina. CAMA Major Permit No. 109-84 was issued to Keith A. Wolfenbarger on 18 June 1984 for the expansion of the existing Minnesott Beach Yacht Basin on Alligator Gut off the Neuse River. The permit was modified and renewed several times and on 7 June 2005 was transferred to Minnesott Beach Holdings, LLC. The current permit is for maintenance excavation to 8 feet below the normal water level (NWL) within the existing basin and canal and includes the access channel in the Neuse River. The entrance canal and a portion of the basin is contained within property owned by the Minnesott Golf and Country Club, and an easement is on record for Minnesott Beach Holdings, LLC to maintain this area as a part of the current permit. The existing marina is a ±151 slip facility constructed in the manmade basin. The applicant's parcel of land is ±40.74 acres of which ±5.89 acres are open water basin area. An additional ±1 .62 acres of basin and access channel is part of property previously identified as being owned by the Minnesott Golf and Country Club. CAMA Major Express Permit No. 132-05 was issued to Minnesott Beach Holdings, LLC on 22 August 2005 to develop Wayfarers Cove. The permit authorized the construction of 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment of the Neuse River. The access canal with riprap groins on each side projecting into the Neuse River is located on property owned by the Minnesott Golf and Country Club. The entire marina facility is located in Alligator Gut, a natural stream and wetland area excavated prior to Coastal Management permit authority. While a small area of the basin has been bulkheaded (±1 ,491% the majority of the basin area has non-stabilized shoreline. Currently on the property are a dwelling adjacent the Neuse River (at the downstream (east) end), several commercial buildings adjacent the basin, a boat yard, swimming pool, and two access roads. In addition, a diked spoil area is present adjacent the Neuse River at the upstream (west) end of the property. The majority of the site is vegetated with mixed hardwoods and pines. The under story is comprised of vines and herbaceous shrubs mixed with upland grasses. The river shoreline is a sand beach area ±30' wide that interfaces the wooded area at a ±3' erosion escarpment on the downstream (east) end. As you transition upstream, the erosion escarpment elevates to ±10' in the center and terminates at ±20' at the upstream (west) end. There are two areas of Spartina patens on the upper portion of the beach terminating at the erosion escarpment. Wayfarers Cove Marina Minnesott Beach Development, LLC Pamlico County Page Two The project site is bordered on the upstream (west) side by a bulkheaded and developed lot with a single-family residence and a pier with a boatlift in the Neuse River. Upstream of this property are several additional single-family developed lots with individual piers and slips. As described above, the adjacent downstream (east) property is owned by the Minnesott Golf Club and is comprised of the access canal, protective riprap groins that project into the Neuse River, and narrow strips of highground adjacent both sides the entrance canal. These strips are vegetated similarly to the applicants but also include a large area of Phragmites sp. on the downstream (east) side of the canal. A boat ramp and launch dock are located along the east side of the entrance canal. Immediately downstream of the Golf Club property is The Links at Wayfarers Cove. This is a condominium development currently under construction (CAMA Major Express Permit No. 29-05). No docking facilities exist on either of these properties. The site is 10' to 25' above the normal water level (NWL). The Neuse River in this area is classified SB-NSW by the Environmental Management Commission and is closed to shellfishing. Project description The applicant proposes to redevelop the inland marina basin by changing the irregularly shaped basin into a more uniform rectangular shape. The proposed basin will be ±200' wide by ±1,200' long and have a ±200' by ±360' right angle section at the upper northwest end. A ±30' by±60' haul out well for a travel lift is proposed at the terminal end of the right angle section. Excavation will be to a finished depth of —7.5' below the NWL with a maximum of -8'. Squaring up the existing basin will result in the excavation of ±72,390 ft2 (±32,173 cubic yards) of uplands and the filling of ±10,566 ft2 (±2,739 cubic yards) of existing basin. The upland excavation will be done by backhoe and dump truck and the maintenance excavation (±239,610 cubic yards)will be done by hydraulic dredge. A ±100' by ±250' diked disposal basin is proposed in the location of the previously permitted pool and community center. The capacity of the disposal area is ±1 ,600 cubic yards and the engineer estimates that a total of 6 dredging and dewatering cycles will be needed to complete the project. A flashboard riser gate with outlet pipe into a created infiltration basin is proposed and the infiltration basin will then have an outlet pipe connecting into the existing boat basin. The material excavated by backhoe not used for fill will be trucked to the northwest portion of the site to be used in creating a ±50' by ±3,000' berm with a height of 8' to screen the site from the SR 1121. Three turbidity curtains are proposed within the canal and basin to help reduce turbidity during excavation and dredging. Approximately 3,272' of vinyl sheetpile bulkhead is proposed around the perimeter of the newly created basin and existing access canal. This includes the ±200' of bulkhead adjacent the east side of the access canal. The east side of the basin abuts wetlands and will not be bulkheaded. Wayfarers Cove Marina Minnesott Beach Development, LLC Pamlico County Page Three The existing 152-slip fix dock system will be replaced with a 152-slip floating dock structure. The new slips will be configured along the perimeter of the west side of the newly bulkheaded basin and on both sides of the right angle section at the head of the basin. The access piers and docks will range in width from 8' to 10' and the finger piers will range in length from 32.25' to 45' long. With the exception of one 6' wide finger pier, all the finger piers will be 3' wide. Eight terminal head platforms will be constructed at 6.12, wide and ranging in length from 44.83' to 88'. A 6' wide by ±360' wooden walkway is proposed on the east side of the access canal beginning at the existing boat ramp and terminating at the sand beach along the Neuse River. A ±100, section of this walkway will be constructed over the water but in close proximity to the shoreline. A 6' wide wooden boardwalk is proposed around the perimeter of the basin on the landside of the newly installed bulkhead. This wooden walkway will terminate on the west side of the access canal with a 12, octagon shaped gazebo. The wooden walkways and the gazebo are proposed within the Neuse River Riparian Buffer. The boat maintenance yard and the concrete drive that connects it to the proposed travel lift well were authorized via the aforementioned CAMA Major Express Permit No. .132-05. A pumpout facility and fueling facilities are proposed in the area between slips 41 and 48. CAMA Major Express Permit No. 132-05 allowed for ±1.51 acres (65,598 ft2) to be graded and/or filled within the 75' Estuarine Shoreline Area of Environmental Concern (AEC). The 1 .51 disturbed acres within the Estuarine Shoreline AEC included the construction of asphalt access roads, parking areas and a small portion of the commercial building adjacent the basin that will impact 0.72 acres (±31,305 ft2). The proposed impervious coverage within the 75' Estuarine Shoreline was calculated at ±5.39%. Anticipated impacts The project as proposed will result in the excavation of ±239,610 ft2 of canal and basin bottom from maintenance excavation. The squaring up of the existing basin will result in the excavation of ±72,390 ft2 of uplands as well as the filling of ±10,566 ft2 of existing basin. The proposed floating dock system will result in the shading of±27,642.76 ft2 of existing basin. The existing fixed dock system shades ±1 8,328.59ft2of basin bottom. The construction of the berm will result in the disturbance of ±150,00 ft2 of uplands. The project as proposed will result in localized turbidity as a result of the construction activities. David W. Moye — 12 December 2006 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Minnesott Beach 1. APPLICANT c. Street address or secondary road number Off NC 306 at the end of SR1121 a. Landowner: (See Below) — Name Minnesott Beach Holdings, LLC d. Is proposed work within city limits or planning jurisdiction? X Yes No Address 1107 Bennett Road e. Name of body of water nearest project (e.g. river, City Arapahoe State NC creek, sound, bay) Neuse River and Alligator Gut Zip 28510 Day Phone 252-249-1424 Fax 252-633-6507 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Avolis Engineering, P.A. a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and excavation and/or filling activities. Address P.O. Box 15564 See Narrative City New Bern State NC Zip 28561 Day Phone 252-633-0068 b. Is the proposed activity maintenance of an existing project, new work, or both? Both Fax 252-613-65,07 c. Will the aroiect be for public,private or commercial use? Commercial c. Project name (if any) Wayfarers Cove - Marina Modifications d. Give a brief description of purpose,use, methods of construction and daily operations of proposed N07P: Permit will be issued in name of lmdowner(s), radio► project. If more space is needed, please attach additional pages. project name. See Attached Summary 2. LOCATION OF PROPOSED PROJECT a. County Pamlico *Access Channel Easement Area Owner: Minnesott Golf & Country Club 806 Country Club Drive Revised 03195 AraPahoe, NC 28510 (252)249-0813 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER Low pressure septic systems were approved CHARACTERISTICS during review process for CAMA Mai or Permit No- 132-05_ a. Size of entire tract See Below n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s)0.05 acres — 0.23 acres wastewater, :.idustrial/commercial effluent, "wash down" and residential discharges.) Stormwater c. Approximate elevation of tract above MHW or runoff from upland develo ent — Coastal NWL 5' - 20' Stormwater Permit #SW7050714 Issued 9/15/05 (Copy Attached) d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Sand Public Water — Pamlico County e. Vegetation on tract Pines, Hardwood f. Man-made features now on tract Marina Basin, Piers, Haul-out Well, Boatyard, 5. ADDITIONAL INFORMATION Residences, Dockhouse, Bath House, Pool g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consr<tt the local land use plan.) following items must be submitted: Conservation Transitional Developed X Community • A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then PUD Overlay — Residential Multi—Family forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach zoning compliance cerrifncate, if applicable) • An accurate, dated work plat (including plan view See attached letter from Town. and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? X Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? URS Corporation, Morrisville, detailed description.) North Carolina (See Attached) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? X Yes _ No Engineers regarding that agency's use of larger Coastal (marsh) x _ Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? Yes requirements and it must be sufficiently detailed to (Anach doct nnentation, if available) guide agency personnel unfamiliar with the area to the Site Data: Total Tract 40.74 Acres Total Area of Site Below Normal Water Level: 5.89 Acres Total Entrance Channel Access Easement Area: 1 .62 Acres Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project wilt be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name Thelbert & Barbara James I certify that I am authorized to grant, and do in fact, Address 244 River Drive, Arapahoe, NC 28510 grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name James & Julia McDonald permit application and follow-up monitoring of the Address 76 Beach Drive, Arapahoe, NC 28510 project. Phone I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone _ —_ • A list of previous state or federal permits issued for This is the day of work on the project tract. Include permit numbers, Print Nm cks, r/Manager permittee, and issuing dates. See Narrative Signature / 41_&Z Imdowner or Authorized Age4 • A check for ilimade payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the X DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in X DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts oceanfront and inlet areas. X DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space proidded at the bo om of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Brad Rice, President Environmental Policy Act. Minnesott Golf & Country Club Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 181,768 CY fill activities. All values to be given in Feet. 9 200 CY - Existing bas'n footprint dredging b. 'Type of material to be excavate Sand Average Final Existing Project c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes X No channel (MLV) or(N)WL) d. Highground excavation in cubic yards13,405 CY Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin See Be low a. Location of disposal area Adjoining Wayfarers Boat Cove Builders, LLC ramp b. Dimensions of disposal area3,000 LF * 50' Wide, 3.44 AC. 35 873 CY totals it to be disposed Rock spoil po groin offsite. .;, � c. Do you claim tide to disposal area. Yes X No Rock z, If no, attach a letter granting permission from the breakwater :3 "` owner. See attached letter - Owned by Wayfarers Cove Builders, Other Fill 10 556 SF - 7.5' +6.0' d. Will a disposal area be available for future ' maintenance? x Yes No (Excluding Exca tion If yes, where? Same disposal area as depicted. shoreUnc 72,390 SF - +6.0' 7.5' verage stabilization) See Plan Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No water N/A (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes X No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes x No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area X Bulkhead Riprap (2) Purpose of fill b. Length 3,272 Linear Feet c. Average distance waterward of MHW or NWL 2 Feet 5. GENERAL d. Maximum distance waterward of MHW or NWL 75 Feet a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? None — Bulkheaded Silt fencing and other erosion control (Source of information) Visual Observation devices. f. Type of bulkhead or riprap material Vinyl sheet pile b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Backhoe, Hydraulic Dredge, Dump Truck (1) Riprap None Hydraulic Dredge (2) Bulkhead backfill 2,739 CY c. Will wetlands be cr:,ssed in transporting equipment h. Type of fill material Sand to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material On—site fill Minnesott Beach Holdings, LLC 4. OTHER FILL ACTIVITIES T ks r/Manager Applicant orT!Z) (Excluding Shoreline Stabilization) Signature a. Will fill material be brought to site? ! () CO Yes X No Date Braa lAce, Presid Minnesott Golf and Cc try Club Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys N/A Permit, Form DCM-MF-1. Be sure to complete all (1) _ Commercial _Cc,nmunity_Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial _Community X Private (2) Number 10 (3) Length Varies - See Plan (4) Width of water body (4) Width Varies - See Plan - 8' Max (5) Distance buoy(s) to be placed beyond (5) Finger Piers X Yes No shoreline (i) Number 66 (ii) Length 451 Max f. Mooring structure (boatlift, mooring piling etc.) (iii) Width 6 Max (1) _ Commercial _Community_ Private (6) Platform(s) X Yes No (2) Number 65 (i) Number 7 (3) Length 30' (ii) Length 78.5' to 88.0' (4) Width 10" Diameter Wood (iii) Width 6' (7) Number of slips proposed 152 g. Other (Give comnkre description) (8) Proximity of structure to adjacent nVarian 1 . Haulout Travelift Pier System property lines Inland Basin > 15 _ (9) Width of water body Varies - 205' Max (2)Walkways 6 Wide * 60' Long (10) Water depth at waterward end of pier at (2) Marine Rail Piers 5 Wide * 60 Long MLW or NWL 7' - 8' (11 ) Country Club Area 6' W * 350' Long b. Boathouse (including covered lifts) N/A (1) Commercial Private Minnesott Beach Holdings, LLC (2) Length ksI r Manacrer (3) Width Applicant or j e c. Groin (e.g. wood, sheetpile, etc.) N/A Signature Q (1) Number I f� Giro (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length Brad Rice, Presid t (2) Average distance from MHW, NWL or Minnesott Golf and C untry Club wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major g. Typical boat length 35' - 50' Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this h. Maximum boat lengt>; 70' proposed project. i. Are any floating structures planned? Yes If so, describe 1. MARINA CHARACTERISTICS Sound Marine, Inc. Floating Dock System a. Check below the type of marina proposed. X Commercial Public X Residential 2. MARINA OPERATIONS b. Will the marina be open to the general public? X Yes No a. Check each of the following sanitary.facilities that c. If there is residential development associated with will be included in the proposed project. the marina, how many units or lots are planned and X Office toilets how many are currently developed? X Toilets for patrons 91-Units proposed, none developed Number 5 Location Dockmasters Office X Showers d. Check all of the types of services to be provided. X Boat holding tank pumpout X Full service, including travel lift and/or rail Type and location In Dockmasters Office -�-Dockage, fuel, and marine supplies �-Dockage ("wet slips") only Number of slips 152 b. Describe treatment type and disposal location for all _X Dry storage sanitary wastewater. Number of boats 28 In Boat Yard Area) On-site wastewater treatment system Boat ramp(s) with subsurface disposal. Other (describe) c. Describe the disposal of solid waste, fish offal and e. Check below the proposed type of siting. trash disposal. X Land cut and access channel Public trash service - Minnesott Open water with dredging for basin and/or Beach Municapa ity channel Open water, no dredging required d. How will overboard discharge of sewage from boats Other (describe) be controlled? Closed head signs, random checks, f. Describe the typical boats to be served (for example, visual observations by staft open runabout, charter boats, sail boats, mixed types). 30' - 50' Sailboat e. Give the location and number of "No Sewage 30 - 50 Powerboat Discharge" signs proposed. At head of each Slips 55, 70, 85, 100, 115, 130, dock. See plans for location. (11 Total) Revised 0319S 145 Moor Boats 65 to 70 Feet orm DCM-MP-6 A K. f, Describe the special design, if applicable, for o. Is the marina proposed within primary+ secondary nursery area? Y ' �-- � .} containing industrial type pollutants, such as paint, sn >moo; sandblasting waste and petroleum products. ' 1 stora e shed fuel p. is the marina proposed within an az �en tr Hazardous materia con aznment, marina yard shellfish harvesting? Yes operations plan q. Give the location and number of "Pumpout Available" signs proposed. See Plans Where will residue from vessel maintenance be g' Recyclers where applicable disposed of Minnesott Beach Holdings, LLC j Tom Hicks, r/Manager APpS r h. Give the number of channel markers and "No sic"W" l Wake" signs proposed. 1 No Wake No New Channel Markers Proposed Date i. Give the location of fuel-handling facilities, and i describe the safety measures planned to protect area water qualityty�Fuel activitie 1 t area outboar o S ip 41 aril #42. Brad Rice, Presi t e tanks to be double walled and located Minnesott Golf and Country Club a jacen to pumps at head of gangway near , j &lC1Pjbfij jj42t9easures that prbmote boat basin flushing or circulation and that reduce water quality impacts. Prepared by Larxl Management Grou Inc. - I k, What will be the marina policy on overnight and live-board dockage?Overnight dockage will J. be allowed. No liveaboards allowed. 1. Is the proposed marina located near any shellfish leases? Yes X_No If yes,give the name and address of the leaseholder. M. If this project is an expansion of an existing marina, what types of services are currently provided? Boat yard, haul out, maintenances fuel, wet sli s, dry slips n. How many slips are now available? 151 See attached existing slip count. Revised 03/95 20, x::-, PROJECT NARRATIVE & DISCUSSIONS%' Wayfarers Cove Marina Modifications 1107 Bennett Road Minnesott Beach, North Carolina (D c� o 1.0 PROJECT SUMMARY1" The Minnesott Beach Marina modification project consists of the replacement of existing n wooden dock facilities with a new floating dock system and the expansion of the inland marin� basin at the existing Wayfarers Cove Marina located at 1107 Bennett Road in Minnesott Beach, Pamlico County,North Carolina. The existing marina contains a total of 151 in-water slips, an active boat yard area, shop facility, dockhouse and other marina related structures located on the site. In 2005, upland development approvals were obtained for the construction of residential dwellings around the marina basin on upland areas. A CAMA Major Permit was previously issued associated with the upland development as presented on the project plans. To date, this development has not been constructed; however, it is presented as existing development since it was previously permitted. At this time,Minnesott Beach Holdings, LLC, the owners of the property are proposing to complete the marina renovations as originally conceptualized at the onset of the project. Specifically, it is proposed that the existing wooden fixed dock facilities be replaced with floating docks. Additionally, the erratically shaped basin will be reconfigured through upland excavation and filling activities to realign portions of the basin perimeter. A new bulkhead will be installed along a portion of the basin perimeter. Additionally, as a part of the proposed modifications,the marina basin will be dredged to a minimum control depth of seven feet, an average final depth of 7.5 feet, and a maximum design depth of 8.0 feet. In addition to the basin reconfiguration and dock replacement, a series of wooden walkways will be constructed along the perimeter of the marina basin to provide access to water features. A wood walkway will extend along the landward edge of the majority of the new bulkhead and will terminate in a gazebo to be constructed adjacent to the entranceway adjacent to the Neuse River. Additionally, grading activities will be completed between the proposed upland development and the face of the new bulkhead to establish final project grades. This CAMA Major Permit application is being submitted in conjunction with the proposed marina modifications as outlined in the enclosed permit application and project plans. A portion of the dredging activities at the basin entrance channel will occur on property currently owned by Minnesott Beach Golf and Country Club. Wayfarers Cove Marina has an existing easement covering this portion of the project. Additionally, attached with the CAMA Permit application, is written authorization from Minnesott Beach Golf& Country Club allowing Minnesott Beach Holdings, LLC to complete the additional dredging activities as presented on the CAMA Major Permit application. 2.0 EXISTING CONDITIONS The existing marina consists of an inland manmade basin which was constructed during the 1970's. An entrance channel was cut from the Neuse River into the property to access an inland basin covering a total area of approximately 5.89 acres. As presently configured, a total of 151 wet slips exist within marina. All docks are fixed wooden docks. A wooden bulkhead surrounds a portion of the marina basin. A travel lift,boat yard area,bathhouse, shop/work area and boat storage area exists on the property which will be demolished to accommodate the upland development depicted on the site plans. The existing boat yard area and service activities will be relocated to the northwestern corner of the property to allow for development of residential dwellings around the proposed new marina basin. All existing bulkheading and dock systems and the haul out facility will also be removed as part of the marina modifications. A CAMA Major Permit application exists for the marina operations as they exist today. A copy of this CAMA Major Permit application is included with this CAMA Major Permit application. The permit was recently reissued to the current property owners,Minnesott Beach Holdings, LLC on June 7, 2005. This permit also authorizes maintenance activities for basin dredging and access channel dredging. 3.0 PROPOSED CONSTRUCTION It is proposed as part of the marina basin modifications that portions of the existing basin be filled and that portions of the existing upland areas be cut to establish the new alignment of the bulkhead as presented on the project plans. It is proposed that a total of 2,739 cubic yards of material be placed below the existing normal water level of the existing basin. An additional 2,348 cubic yards of material will be placed above the normal water level of the existing basin to create a new basin shape. Additionally, it is proposed that a total of 32,173 cubic yards of material be cut from existing upland areas to create new areas below the normal water level. Additionally, dredging activities are proposed within the footprint of the existing basin to create a minimum design depth of seven feet on the northwestern corner of the new basin alignment. It is proposed that a total additional 9,200 cubic yards of dredge material be excavated from the existing basin bottom to establish the new design grades. A gradient from -8.0 feet to -7.0 feet will be created along the basin bottom from the most inland point in the basin to the mouth of the basin at the entrance. It is proposed that all excess spoil material from cutting and dredging activities be utilized to establish final design grades or to construct a landscaping berm on the adjacent property to the north which is currently owned by Minnesott Beach Builders, LLC. All material excavated by hydraulic dredging will be pumped into an earthen berm/dike to be constructed on the central potion of the site. The dredge spoil will be allowed to dewater through the permitted Stormwater Infiltration Basin#2. Discharge will occur from this infiltration basin back to the marina basin. It is estimated that a maximum of 9,200 cubic yards of hydraulic dredging will occur on the project. A new bulkhead will be constructed around a portion of the marina basin. The eastern side of the existing marina basin which abuts coastal wetland areas will not be disturbed by the proposed construction. The limits of bulkheading for the new marina basin are annotated on the project plans. It is proposed that a total of 3,272 linear feet of bulkheading be installedang th ..Jjj� new basin area. All bulkheading material will be constructed of vinyl sheet piling with®wood whaler system and a tie back system. (p =r c CD It is proposed that a new floating dock system be constructed within the realigned basin a to r5 the configuration presented on the project plans. The new marina will contain a total of r C__ floating slips. The slip numbering is annotated on the project plans. The floating dock stem rn F ql will be accessed by gangways located at the head of each dock system. A new haul-out well will be constructed at the northwestern corner of the marina basin. T9 location of this haul-out well aligns with the previous location of the access road to the remote marina yard area located on the northwestern side of the property. Other marina related construction activities to occur include the development of a wooden walkway around the perimeter of the majority of the marina basin on the landward side of the bulkhead, including a small day dock on the eastern side of the entrance channel to serve the existing boat ramp at the Country Club. Additionally, a wooden walkway and gazebo area will be established adjacent to the Neuse River at the edge of the western side of the entrance channel to the marina basin. A pump out facility and fueling facilities will be provided at the location of the fuel dock as presented on the project plans. A "Closed Head" policy will be strictly enforced at the marina. "Closed Head" signage and "No Wake Signage" will be installed as presented on the project plans. 4.0 PURPOSE AND USE The purpose and use of the new Wayfarers Cove Marina facility will be to replace the dilapidated wooden structures that presently exist. These facilities are approximately 30 years old and are at the end of their useful life. Additionally,the existing bulkheading system is proposed to be realigned to allow for a more functionally designed marina facility and to improve access to docking areas. The boatyard area and haul-out well area are being relocated to better accommodate residential development along the inland basin. The existing marina repair facilities will be relocated to a more remote section of the property. The excavation and filling activities to be completed in the marina basin area will occur through the use of excavators and draglines for upland excavation and fill and by hydraulic dredge for portions of dredging that will occur within the existing basin area. Construction of the bulkheading system will occur from both the land and water side of the bulkhead through the use of barges and conventional excavators, dump trucks and backhoes. The docking system will be constructed primarily from barge equipment. ,. 5.0 PREVIOUS PERMITS ISSUEDCD `e. Development permits are in place associated with all upland development as presented on Wr project plans. The Town of Minnesott Beach Planning and Zoning approval has been comlaked and the actual subdivision of residential lots has occurred for all upland development. C? Additionally, a Coastal Stormwater permit, Erosion Control Permit and CAMA Major PernX, rn have been issued associated with upland development. Public water and central on-site sewed , permits are being sought for upland development at this time. This CAMA Major Permit (") application is being submitted associated with the proposed marina modifications including the realignment of the marina basin,reconstruction of the bulkheading and docking system,the reconstruction of the haul out facility and for all grading activities that will occur between the upland development and the face of the new bulkhead. 6.0 DISSOLVED OXYGEN STUDY Land Management Group, Inc. of Wilmington,North Carolina has completed a Dissolved Oxygen Model of the existing and proposed marina facilities. The findings of this dissolved Oxygen Study are contained under separate cover and presented by Land Management Group, Inc. p November 7, 2006 To Whom it May Concern: Kevin Avolis, P.E. of Avolis Engineering, P.A. is hereby authorized to act as representative on the submittal and processing of the CAMA Major Permit application of Minnesott Beach Holdings, LLC for modification of permit No. 109-84. ly yours, C-- t I Tom Hicks, Manager DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Wayfarers Cove Marina County: Pamlico County LOCATION OF PROJECT: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County,North Carolina DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12 December 2006 1:01%, 4 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES DEC 5 Z00 1 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: 96 FIELD REPRESENTATIVE: David Moye DISTRICT OFFICE:Morehead rE��a � DISTRICT MANAGER REVIEW:. B) DATE RECEIVED BY MAJOR PERMITS UNIT:14/54 FEE REC'D: $475.00 (60/40) PUBLIC NOTICE REC'D:17)ZO/eEND OF NOTICE DATE:(:)//01/d7 / ` ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: li✓e �i`'�— ON: C) 75 DAY DEADLINE:-)J 01 50 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED Y F,S NO Coastal Management-Regional Representative 12 ►-1 U6 Coastal Management-LUP Consistency + ,� hVA Division of Community Assistance Land Quality Section 12 Division of Water Quality Storm Water Management(DWQ) Q Sk-j')OP 71 LZn State Property Office Division of Archives&History Division of Environmental Health Division of Highways 1 ?ISID Wildlife Resources Commission 2'' 1,74 Local Permit Office Division of Marine Fisheries (!���„ 0/ Corps of Engineers Permit# ILY1 DCM Coordinator: MAILING DISTRIBUTION: Permitcc: _ �e�f� o�ji Lam[— I 10r7 �. Agent: S � F f-T DCM Field Offices: ►l�'W �?�I�,�-�1� I Elizabeth Cit orehead City r mmg on US Arm C4r s of Engineers(USAGE): Washingt Mike Bell(NCDOT) Bill Biddlecomc(NCDOT) Ra erg an Wilmington:' Dave Timpy Others: es: Renee Gledhill-Ear Public Water Supply: a ra eno 0) Fred Hill WARO ernes. r e Street NCDOT: Ken Pace Shellfish Sanitation: . Patty Fowler State Property Office: Tommy Cline Water unlit : C ndi Karol" (for non-DOT hn Hennessy Wildlife Resources: Maria Tri Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBLJTIOiy: Permitee at F 0.-;� / —� Agent at r�✓(/� �v.'s nq DCNI Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-943-0478) Wilmington(910-350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-2514025) CAALA Major Permit Process Manual Page 70 of 76 �� NCDENR North Carolina Department of Fnvironment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary July 18, 2007 Minnesott Beach Holdings,LLC 1107 Bennett Road Arapahoe, NC 28510 Dear Mr. Hicks: This letter is in response to your Major Modification request under the Coastal Area Management Act (CAMA) to modify permit No. 109-84 by replacing the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter, in Pamlico County. Processing of the permit application was placed on hold by the Morehead City office on February 13, 2007 pending further information requested by the Division of Water Quality (DWQ). On July 18, 2007 we received confirmation from DWQ that the requested information was received and that the project has received a 401 certification (GC 3642 on 7/6/07, AID 05-1372 vs 2). Therefore, by way of this letter we are informing you that your application is no longer on Division of Coastal Management hold and processing of the application will continue which will make the 75-day target date July 30, 2007, and the 150-day deadline October 13,2007. However, we will make a permit decision as soon as possible. If you have any questions concerning these matters, please feel free to contact me by telephone (252-808-2808 ext. 211), fax (252-247-3330) or e-mail (rich.weaver@ncmail.net). Sincerely, 44� - IM-A&V464- Richard S. Weaver Assistant Major Permits Coordinator cc: David Moye—DCM—Washington Avolis Engineering,PA PO Box 15564 New Bern, NC 28561 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper u 18. 2007 9: 24AM k 4803 P. 7 Hof wA'116 Michael F Easley,Governor ,`� L William 4.Ross Jr,Secretary co T� North Carolina Department of Environment and Natural Resources 5 0 Coleen H.Sullins bircotor Division of Water Quality July 6,2007 DWQ Project#05-1372 vs 2 Pamlico County Minnesott Beach holdings, LLC. Attn: Mr.Tom]`licks 1107 Bennett Road Arapahoe,NC 28510 Subject Property: 'Wayfarers Cove Marina Neuse Basin,Alligator Gut,030410,27-116, SC, Sw,NSW Approval of 401 Water Quality Certification(3642)and Authorization Certificate per the Neuse River Buffer Protection Rules(15A NCAC 2B.0233)with Additional Conditions Dear Mr. Hicks: You have our approval,in accordance with the attached conditions,to place fill material within or otherwise impact 1.66 acres of waters and impact 11695 square feet of the protected Neuse Riparian Buffer to make improvements to an upland marina as described in your application received by the Division of Water Quality(DWQ)401 Oversight/Express Review Permitting Unit on December 15, 2006. After reviewing your application,we have determined that the Division of Water Quality(DWQ) General Water Quality Certification Number 3642 covers these water impacts.This authorization also includes the approval of the buffer restoration plan submitted on June 14,2007. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers(USACE). In addition,you should get or otherwise comply with any other federal,state and local requirements before you go ahead with your project including(but not limited to)erosion and sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A NCAC 211.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all ofthe other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Stream na feet na North Carolina Division of Water Quality Internet: h2omr,st,*.nc.us 943 Washington Square Mall Phonc: 252-946-6481 11C Washingto4 NC27889 FAX 252-946.9215 OI'tKi1TO inn er-50%R 10%PostConsumerPe r Aamnally An Equal t7pporiunity/Affirrnative AC>fon Employ ecydad/ Pe �u . 18. '007 9. �4HP� k 4803 P, 3 Arr,,,curt Page 2 of 3 Date 404/CAMA Wetlands na acres na Waters I.66 acres CAMA M'Application Buffers 9179 (square ft)Zone 1 plat provided with application 2516(square ft. Zone 2 Plat provided with application 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicarrt 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. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC)3642. 4. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re-concentrating, If this is not possible it may be necessary to provide stortwater facilities that are considered to remove nitrogen.Additionally,a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted.The plan:shall specify all stormwater discharge points,plan details,and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. 5_ Buffer Establishment around Basins New boat basins(such as the one you are proposing to construct)are considered by the DWQ as a modification of the existing shoreline. As such,a 50-foot buffer that meets the requirements of Sections (4)and(5)of 15A NCAC 02B.0233 must be established around the newly created shoreline. You are required to establish a new buffer around the shoreline of the basin. All associated upland development (such as parking lots,buildings,etc.)and any new impervious surfaces shall not be located within the newly established buffer or any existing protected buffers. 6. No Impacts Beyond those in Application No waste,spoil, solids,or fill of any kind shall occur in wetlands,waters,or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design,installation,operation,and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur 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 1503 of the North Carolina General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, iG07 9:251NM k 4803 P. Applicant Page 3 of 3 Date Raleigh,N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Kyle Barnes of the Washington Regional Office at 252- 948-1917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. cerely, �» L Al Hodge upIiisor Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: Certificate of Completion GC 3642 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA,Morehead Office File copy Central Idles Filename. 05-1372 vs.2 �u , 1$. �Q07 9: 25AM Vo, 4E03 P. 5 WQC #3642 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR_PROJECTS ELIGI FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAR9Ll A DIVISION OF COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS 198000291 19800Q048, 19870005 1 7800080 19780 125 and 198200277 AND NATIONWIDE PERMIT NUMBERS 3,12,14,18,21,29,33L35,39,and 43 WHEN PLIED TO CAJIMA PERMITS AND RIPARIAN AREA PRQTLCTION RULES BUFFER RULES This General Certification is issued In conformity with requirement of Section 401,Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 21-11,Section ,0500 and 15 NCAC 2B.0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules)in 15A NCAC 213.0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995,Water Quality Certification Number 3112 Issued on February 11, 1997,Water Quality Certification Number 3274 issued June 1,2000 and Water Quality Certification Number 3371 issued March 18,2002 and WQC Number 3400 issued March 18,2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act(LAMA)Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.31)(e►,any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit,one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4, In accordance with 15A NCAC 2H .0506(h)compensatory mitigation may be required for Impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition,buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as"allowable with mitigation"within the"Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules, A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWO approval as required in those protocols.When compensatory mitigation is required for a project,the mitigation plans must be approved by DWQ In writing before the impacts approved by the Certification occur.The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public 1 lu . 18. z(i07 9: 215kMI No. 4803 P. 6 WQC #3642 road projects,the mitigation plan must be Implemented before the road is opened to the travelling public; 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream Impacts that require application to DWQ in watersheds classified as ORW, HOW,Tr,WS-I and WS-il unless the project is a linear, publicly- funded transportation project,which has a 150-foot per-stream impact allowance; 6. Impacts to any stream length In the Neuse and Tar-Pamlico River Basins(or any other major river basins with Riparian Area Protection Rules[Buffer Rules] in effect at the time of application)requires written concurrence from DWQ in accordance with 15A NCAC 2B.0200. New development activItles located in the protected 50-foot wide riparian areas(whether jurisdictional wetlands or not)within the Neuse and Tar- Pamlico River Basins shall be limited to"uses"Identified within and constructed in accordance with 15A NCAC 213.0200, All new development shall be located, designed,constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable dlrough the use of best management practices.Activities listed as"exempt"from these rules do not need to apply for written concurrence under this Certification; 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required,this Certification is not valid until a Finding of No Significant Impact(FQNSI)or Record of Decision(ROD)Is issued by the State Clearinghouse; 9. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the"North Carolina Sediment and Erosion Control Planning and Design Manual"or the"North Carolina Surface Mining Manual" whichever is more appropriate(available from the Division of Land Resources(DLR) In the DENR Regional or Central Offices)shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices In order to assure compliance with the appropriate turbidity water quality standard; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. When written concurrence is required,the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included In the 401 Certification has been completed; 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291,whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. 2 �007 9:25AM No. 4803 P. 7 WQC #3642 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for speciflc applications or group of applications prior to a Certification decision if deemed in the pubk'B best interest by the Director of the North Carolina Division of Water Quality. Effective date: 49 March 2007 DIVISION OF WATER QUALITY By Atv, OA;� Alan W.Klimek Director WQC#3642 3 �u 18. 2tf0� 9: 251HM k 48Q3 P. 8 Certification of Completion DWQ Project No.: County: _ Applicant: _ Project Name: — -- pate of Issuance of wetland Permit: _ Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Butler Rules, and any subsequent modifications,the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, _�hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: If this project,was designed by a Certified Professional 1, , as a duly registered professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly,full time)the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No, Date OF w A T F9 Michael F.Easley,Governor 2007 `�� Qi✓ MAY 2 Y William G.Ross Jr.,Secretary GJ ii r North Carolina Department of Environment and Natural Resources "'MoMhe City DCM Alan W.Klimek P.E.Director s `r, t 11 Division of Water Quality May 18, 2007 DWQ Project# 05-1372 vs. 2 Pamlico County CERTIFIED MAIL: RETURN RECEIPT REQUESTED #7006 0100 0000 8377 3374 Minnesott Beach Holdings, LLC Tom Hicks 1107 Bennett Road Arapahoe, NC 28510 Subject Property: Wayfarers Cove Marina Neuse River Basin [03-04-10, 27-116, SC, Sw, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Hicks: On December 15, 2006, the Division of Water Quality (DWQ) received your application dated September 18, 2006 to dredge 18,768 cubic yards of sand from below the Normal Water Line of an existing marina and bulkhead 3272 linear feet of shoreline for the purpose of redevelopment as described in your application. The DWQ requested more information regarding your project on February 2, 2007 and that information was received on March 28, 2007 although not in full. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 15A NCAC 2b .0233 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Impacts to the Neuse River Riparian Buffer There is a six(6) foot wide walkway landward of the bulkhead proposed for the new basin and a haul out area for vessel retrieval. Please provide the enumerated impacts to the riparian buffer associated with this portion of the project. 2. Please provide a vegetation restoration plan for the new areas of the Neuse River Riparian Buffer around the reconfigured marina basin. Please contact Kyle Barnes, of this office, to clarify issues of concern noticed during the review of information submitted on March 28, 2007. Please respond in writing within three weeks of the date of this letter by sending this information to Mr. Kyle Barnes of the DWQ Washington Regional Office and Ian McMillan of the 401 Oversight/Express Unit in the Raleigh Central Office. If we do not hear from you within three weeks,we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. North Carolina Division of Water Quality Internet %%Nvw.ncv ater Jualit,:.ore 943 Washington Square Mall Phone: 252-946-6481 One Waehinton.NC27989 FAX 252-946-9215 NnrthC arnlina This letter only addresses the application review and does not authorize any impacts to wetlands,waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time)by the DWQ. Please call Kyle Barnes at 252-948-3917 if you have any questions regarding or would like to set up a meeting to discuss this matter. S' cerely, A � � Al od e upe isor Division of Water Quality Washington Regional Office cc: Cyndi Karoly,DWQ Central Office File Copy Central Files Doug Huggett,CAMA Morehead USACE Washington Field Office Kevin Avolis,PO BOX 15564,New Bern,NC 28561 Filename: 05-1372 vs.2 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary February 13, 2007 Minnesott Beach Holdings, LLC 1107 Bennett Road Arapahoe, NC 28510 Dear Mr. Hicks: This letter is in response to your Major Modification request under the Coastal Area Management Act(CAMA)to modify permit No. 109-84 by replacing the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter, in Pamlico County. Processing of the permit application, which was received by the Division of Coastal Management's Washington office on December 12, 2006, is ongoing. However, it has been . determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1) The N.C. Division of Water Quality has determined that additional information will be required in order for that agency to adequately review the proposed project. Due to the fact that a CAMA permit cannot be issued without a water quality certification first being . - issued, it is necessary that processing of your permit application be placed in abeyance until such time as the requested information is provided to the Division of Water Quality, a water quality certification is issued for the proposed project, and a copy of the certification is provided to this office. Contact the Division of Water Quality directly at 252-946-6481 and reference DWQ project 051372 if you have questions regarding this issue. You will be given five working days from date of mailing. If you can provide to this office a copy of a water quality certification and make•the appropriate changes to the project within the required time, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not provided to this office within the specified timeframe, processing of the application will be suspended until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at(252) 808-2808, or by email at rich.weaver@ncmail.net. Sincerely, Rich Weaver Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252 808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper p�pF W ATF9QG Michael F.Easley,Governor William G.Ross Jr.,Secretary C15 r North Carolina Department of Environment and Natural Rtsou roes >_ p Alan W.Klimek,P.E.Director Division of Water Quality February 7, 2007 DWQ Project# 05-1372 vs. 2 Pamlico County CERTIFIED MAIL:RETURN RECEIPT REQUESTED #7006 0100 0000 8377 3473 PIC Ell Minnesott Beach Holdings, LLC •.;� ` ; Tom Hicks �- 1107 Bennett Road Arapahoe, NC 28510 "Orehea(I cif Subject Property: Wayfarers Cove Marina .� Neuse River Basin [03-04-10, 27-116, SC, Sw, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Hicks: On December 15, 2006, the Division of Water Quality (DWQ) received your application dated September 18, 2006 to dredge 18,768 cubic yards of sand from below the Normal Water Line of an existing marina and bulkhead 3272 linear feet of shoreline for the purpose of redevelopment as described in your application. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Flushing Model It is indicated that an Oxygen and Flushing Model study was formulated for the new configuration of the marina basin. Please provide the oxygen/flushing model that was described in Number 6.0 of the Project Summary of the CAMA Major Application. 2. Impacts to the Neuse River Riparian Buffer There is a six(6)foot wide walkway landward of the bulkhead proposed for the new basin.Under 15A NCAC 2B .0233 Neuse River Riparian Buffer Rules this structure is considered as impervious surface within Zone 1 of the riparian buffer.This use is not listed in the Table of Uses under 15A NCAC 2b .0233 (6)thus requiring a Major Variance to the rule.Please provide information that a Major Variance has been obtained from the DWQ for this impact 3. Please provide a vegetation restoration plan for the new areas of the Neuse River Riparian Buffer around the reconfigured marina basin. North Carolina Division of Water Quality Intemet �N%N%N.n;%kaicraualrtm.ore 943 Washington Square Mall Phone: 252-946-6481 One Washington,NC 27889 FAX 252-946-9215 NorthCarolina An Ecua'Opportunity/Affirmative Action Employer—50%Recyded'10%Post consumer Paper �Awt{ALL ally 4. Please indicate the diffuse flow provision measures on the site plan. Please respond in writing within three weeks of the date of this letter by sending this information to Mr.Kyle Barnes of the DWQ Washington Regional Office and Ian McMillan of the 401 Oversight/Express Unit in the Raleigh Central Office. If we do not hear from you within three weeks,we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands,waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time)by the DWQ. Please call Kyle Barnes at 252-948-3917 if you have any questions regarding or would Iike to set up a meeting to discuss this matter. Sincerely, B C�-/� Y-41q Al Hodge/Supervisor Division of Water Quality Washington Regional Office cc: Cyndi Karoly,DWQ Central Office File Copy Central Files .-Doug Huggett, CAMA Morehead USACE Washington Field Office Kevin Avolis,PO BOX 15564,New Bern,NC 28561 Filename: 05-1372 vs.2 Ae0 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director William G. Ross Jr.,Secretary MEMORANDUM TO: Doug Huggett THROUGH: Mike Street FROM: Sean McKenna DATE: February 6, 2007 SUBJECT: Paradise Cove Marina, Pamlico County, North Carolina. The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject permit are offered pursuant to G.S. 113-131 . The applicant proposes to perform . maintenance excavation of an existing canal to a final depth of —4.5' NWL, expand an existing up- land boat basin, currently 30' wide by 75' long, to 124' wide x 85' long, bulkhead the up-land basin, and construct a 10-slip docking facility in the proposed basin. The NCDMF is opposed to the proposed project as proposed due to the potential loss of existing use of shellfish resources. Although the application stated that there would be no closure to shellfish waters, Shannon Jenkins of the Shellfish Sanitation and Recreational Water Quality Section noted in his comments on the proposed project that "The project as proposed would cause all waters within 200 feet of the docking spaces to be reclassified as Prohibited and closed to shellfish harvest as the boat slip count would exceed ten". The NCDMF request that the following issues be addressed so an adequate review of the project can be performed: 1. No SAV was observed during the November site visit. We request that an SAV survey be conducted during the appropriate season to determine if SAV's would be impacted by the proposed project. 2. A shellfish survey needs to be conducted to determine if shellfish resources would be impacted. 3. Need more information on the connecting water depths. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 oNrthCarolina Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net Naturally An Equal Opportunity Affirmative Action Employer—50%Recycled 110%post consumer Paper RE: comments for Wayfarers Cove marina/Minnessott Beach in Pam... Subject: RE: comments for Wayfarers Cove marina/Minnessott Beach in Pamlico County From: "Jones, Scott SAW" <Scott.Jones@saw02.us ace.army.mil> Date: Thu, 18 Jan 2007 14:57:08 -0500 To: "Rich Weaver" <Rich.Weaver@ncmail.net> Rich— The U.S. Army Corps of Engineers—Wilmington District has authorized Minnesott Beach Holdings, LLC to modify existing CAMA Major Permit No. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent to the upland areas at the Wayfarers Cove Marina located at 1107 Bennett Road on the Neuse River near Arapahoe in Pamlico County, North Carolina. This authorization was issued via USACE Programmatic General Permit 198000291. Special Conditions are attached to this e-mail. ORM ID: SAW-2007-153-169 Scott Jones, Project Manager Washington Regulatory Field Office USACE - Wilmington District Post Office Box 1000 Washington, North Carolina 27889 (252) 975-1616 Extension 27 (252) 975-1399 FAX From: Rich Weaver [mailto:Rich.Weaver@ncmail.net] Sent: Tue 1/16/2007 3:53 PM To: Sean McKenna; Jones, Scott SAW; Maureen Will Subject: comments for Wayfarers Cove marina/ Minnessott Beach in Pamlico County Hello guys, could you please send me your comments for this project first chance you get. We are almost ready to role this one out if you have no concerns. Thanks. Rich Content-Description: Standard IP Conditions.doc Standard IP Conditions.doc Content-Type: application/msword Content-Encoding: base64 1 of I 1/18/2007 3:23 PM Cc: David Moye—DCM—Washington Kyle Barnes - DWQ—Washington Avolis Engineering,PA PO Box 15564 New Bern, NC 28561 r� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan Will,DCM Morehead.City District Planne Date: January 17, 2007 Subject: Major Permit Modification to Permit No. 109-84, Requested by Minnesott-Beach Holdings, LLC/Wayfarers Cove to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin and bulkhead the perimeter adjacent to the upland areas, on property located at 1107.Bennett Road, adjacent to the Neuse River and a manmade canal,Minnesott Beach, Pamlico County, North Carolina. LUP Consistency Determination: The proposal appears Consistent With &Not in Conflict with the 2004 Pamlico County Land Use Plan certified by the CRC on. January 28, 2005, so long as the following condition is met. Condition: The applidant must add a dry fire hydrant to the marina. (Per Policy 1.1.2.1, pg. 57) Overview The plan provides policy statements for both the county and the communities of Mesic, Vandemere, Bayboro, and Minnesott Beach (Section 6.5, page 69 of the plan). Specific policy statements for each town have been included within the Goals, Policies, and Future Land Use Map section of the plan. The policies for the municipalities are supplemental to the other policies within the plan and the communities must be sure development meets all of the goals and policies of the plan. Areas of Environmental Concern (AEC) impacted by the proposed development include Estuarine Shoreline (ES). The Waters at the project site are classified as B-NSW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Pamlico County Land Classification Map designates the subject property as Town Center and the affected AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "The county will require open water and upland marinas to meet the following development guidelines: provide wastewater pump-out facilities and restrooms approved by the appropriate state or local agency;provide at least 1/a off-street space for each slip or storage space (marinas serving solely property owners of an adjoining subdivision are not required to provide off-street parking); provide at least one dry fire hydrant." (Policy 1.1.2.1, Public Access Policies, pg. 57) " The county establishes a local, permanent conservation zone within 75 feet of the normal mean high water level or normal water level for all shorelines bordering public trust waters, estuarine waters, and any waters designated as primary nursery areas. All development and 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper construction activities will be prohibited in this area except for the following uses: marinas, docks and piers, boat ramps and similar structures providing public access; and structures to prevent erosion as described in the Public Access policies section. This permanent conservation zone is not intended to apply to man-made ditches, canals, basins, lakes, impoundments, and similar constructed facilities. The policy is not intended to apply to forestry operations that comply with `best management practices'. The conservation zone applies to all subdivision of land after January 26, 1990, regardless of the intended use, and to all divisions of land after the certification of this plan. (Policies 2.3.3, 2.3.3.1, 2.3.3.21 2.3.3.3, Land Use Compatibility Policies,pg. 59) "The county supports the CAMA use standards for estuarine shorelines" (Policy 2.3.1, Land Use Compatibility Policies,pg. 59) "The Town will use its zoning ordinance to support the CAMA use standards for development in any AEC. Lot dimensions in the 75 foot permanent conservation zone along the Town's waterways will be controlled by the zoning ordinance." (Policy 6.5.3.1, Minnesott Beach Policies, pg. 71) "The Town will support an open water or upland marina only if it meets state and federal requirements, the CAMA land use policy, and the requirements of the Town's zoning ordinance. The Town does not support floating homes or dry stack storage facilities" (Policy 6.5.3.3 Minnesott Beach Policies, pg. 71) Cc: Tere Barrett,Morehead City District Manager DEC 14 2006 . North Carolina Department of Environment and Natural Resw Division of Coastal Management Michael F. Easley, Governor Charles S 1' G. Ross, Jr., Secretary MEMJI MV TO: Renee Gledhill-Early JAN 1 6 Z007 NC Department of Cultural Resources Archives &History Building MONIhitad ^IV DCM FROM: Doug Huggett Respond to DougHuggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 (J e C C) _ I l� DATE: 13 December 2006 SUBJECT: CAMA Application ReviCNv APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form bX„2 ,�nuary 2007'.' Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. LSigned Date ,Nine hCarolina RECEIVED �Ivuturally 943 Washington Square Mall,Washington,North Carolina 27889 JUG[ 0 b 2007 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastaimanagement.net/ DEC J 9 C006 An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper uFiu An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper . '' • oA�coaszv� r a North Carolina Department of Environment and Natural Resources / I Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director 1 ' Rncc lr rr a 0 4, MEMORANDUM TO: Mike Street [FM 1 A 2007 Director Division of Marine Fisheries "' t,^ TAT FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead Cit Office Coastal Management Division 400 Commerce Avenue M Morehead City NC 28557 1 DATE: 13 December 2006 DEC 1 4 2006 SUBJECT: CAMA Application Review IR t" �!f4 I A D�lIt -fJ, ri APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. _ This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed p �;ivz; �3:-cam Date No;IhCarolina �j arum/ly M Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastaimanagement.net/ An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper r ' z DFr ?oaf North Carolina Department of Environment and NAAIRe,wWW Uty DCM Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G. Ross, Jr,, Secretary MEMORANDUM TO: Maria Tripp NC Wildlife Resources Commission FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Connnerce Avenue , Morehead City NC 28557 t In DATE: 13 December 2006 ?c• SUBJECT: CAMA Application Review lo ,i APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesotttdach the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Move at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. i This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed ,Ai,� Date 2 ce r Y,6e,,- tiurthCarolina ,,l zitrrr'11lq 943 Washington Square Mall,Washington,North Carolina 27889 Phone 252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper cUASrAI41 ti i North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director ,> MEMORANDUM � r TO: Joy Wayman iii DEC 14 M J NC Department of Administration E- State Property Office F O UKY OFFICE- FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division f T 400 Commerce Avenue y Morehead City NC 28557 ', fi DATE: 13 December 2006 .Iq N 0 5 Z007 SUBJECT: CAMA Application Review APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC l vl PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Xhis office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signe Y24Date o°` whCarolina ,Natura!!y 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastaimanagement.net/ An Equal Opportunity\Affirmative Action Employer—50°/6 Recycled\10%Post Consumer Paper North Carolina Division of Environmental Health Terry L. Pierce, Director State of North Carolina rl �011 Michael F.Easley,Governor Department of Environment and Public Water Supply Section Natural Resources Division of William G.Ross,Secretary Environmental Health Jessica G. Miles, Section Chief December 14, 2006 � Ui L 1 ' 2006 MEMORANDUM: Morehead vlty u%ZOA To: Doug Huggett Major Permits Processing Coordinator NC Division of Coastal Management From: Harry Bailey, Assistant Regional Engineer, PWSS/WaRO Subject: CAMA Application Review Applicant: Wayfares Cove Marina for Minnesott Beach Holdings, LLC Project Location: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. Proposed Project: Applicant proposes to modify existing CAMA Major Permit No. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. 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: • The Public Water Supply, Plan Review Section on 11/22/2006, received an Application for Wayfarers Cove (Tracking No. 06-02048). The Application is currently being reviewed. Work may not commence until Authorization to Construct has been issued. • Contractors should be aware of utilities during entrance and egress from the project area to avoid damage with heavy equipment and materials delivery. Please contact the Pamlico County Water Department to confirm locations, if in doubt. Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 One NorthCarolina Telephone 252-946-6481 ♦ Fax 252-975-3716 http://ncdrinkingwater.state.nc.us/ �aturallry An Equal Opportunity/Affirmative Action Employer 3 OF OtiTgx DEC 1 8 2006 "44 North Carolina Department of Environment and Natural Resources Division of Coastal Management Orehead City DCA6 Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM Q L TO: Patti Fowler DEC It 2� NCDENR 1 Division of Environmental Health SHELLFISH SANITATION FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 December 2006 SUBJECT: CAMA Application Review APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed � & 6JA- Date One Nort hCaiolina ,11aturally 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastalmanagement.net/ An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper of con rA� DEC t 8 2006 North Carolina Department of Environment and Natural Resources Division of Coastal Management Morehead jN Michael F. Easley, Governor Charles S.Jones, Director William G. Ross, Jr., e et PPM MEMORANDUM TO: Mr. Pat McClain/James Simons Division of Land Quality FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 December 2006 SUBJECT: CAMA Application Review APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. __�- l ms office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date Northcarolinc: ,1Vatura14q 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nocoastalmanagement.net/ -ROM (—HU) DEC 14 2006 13 : 09/3T. ' 3 :09/No, 6807923484 P 1 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones,Director Willi MEMORANDUM TO: Skip Lee, Amy Spruill, Ray Bennett: C)E LPO County of Pamlico FROM: Doug Huggett RespondMQUAIC14 DC✓M Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 December 2006 SUBJECT: CAMA Application Review APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina, PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no, 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas, Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requestud- REPLY is office has no objection to the project as proposed, This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attachcd comments- Signed Da� o, ti'�rhCaiYilina ���lllltl'!1f/If 943 Washington Square Mall,Washington,North Carolina 27889 Phone 252-946.6481 1 FAX:252-9W478 1 Internet www rx:e0aslalmanagement.nelf Art Equal Cpporlunily 1 Affirmative Action Employer—W%Recycled,10%Posl Conaumer Paper North Carolina Department of Environment and Natural Resour e� ?006 Division of Coastal Management �,�,i Michael F. Easley, Governor Charles S.Jones, Director Willi flAp + MEMORANDUM TO: Mr. Lee Padrick Division of Community Assistance FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 December 2006 SUBJECT: CAMA Application Review APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. _This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed ,.�� Date No't hCarolina AdW111!1 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastalmanagement.net/ An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper �oF consrat,q. „w North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G. Ross, Jr., Secretary MEMORANDUM '�� a TO: Ken Pace L5, NCDOT JAN 2 3 Z007 State Construction/Materials Branch FROM: Doug Huggett �Respond to DougHuggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 December 2006 SUBJECT: CAMA Application Review APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY ✓ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signe Date I Z Zo b(o o a N hCarolina )V turaQil 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nGcoastalmanagement.net/ An Equal opportunity\Affirmative Action Employer—509A Recycled\10%Post Consumer Paper t �ilMy✓� `�f OtOTA, 1 DEC 1 4 200E North Carolina Department of Environment and Natural Res ces Division of Coastal Management m®reheeld City 0cm Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Maureen Meehan-Will District Planner Division of Coastal Management FROM: Doug Huggett Respond to Doug Haggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 December 2006 SUBJECT: CAMA Application Review APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form by 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached co ments. Signed "1, Date I Nor hCarolina A174(ralk 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastalmanagement.net/ An Equal Opportunity\Affirmative Action Employer—50%Recycled\101/o Post Consumer Paper MEMORANDUM TO: Doug Huggett THROUGH: Terry Moore FROM: David Moye DATE: ' 12 December 2006 SUBJECT: Wayfarers Cove Marina Major Mod to CAMA Major Permit No. 109-84 The proposed project appears consistent with the rules found in Subchapter 7H concerning development in Estuarine Water, Public Trust Areas, and Estuarine Shoreline. The attached flushing model indicates that the design will flush and will be within the DWQ . parameters. The results of the flushing model were presented to DWQ by the applicant. The location of the diked disposal area is west of the proposed basin work and the effluent will discharge into a created stormwater pond and then into the basin which should help in settling of flocculent material. The site is a permitted 152-slip marina and currently has an active maintenance permit for dredging. If the permit is modified and issued, I suggest that in addition to the standard conditions, the following be included: Conditions 1 . Excavation will not exceed 7.5 feet below the normal water level. 2. All excavated materials shall be confined to high ground behind adequate dikes or other retaining structures to prevent spill-over of solids into any wetland or surrounding waters. 3. A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 4. Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 5. All spoil and/or fill areas must be adequately stabilized by vegetative cover(or other) within 30 working days. 6. The marina shall prominently post and enforce a locked-head policy for boats without holding tanks. 7. No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 8. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. 9. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. ::, AVOLIS ENGINEERING, P.A. P,O, Box 15564 New Bern, North Carolina 28561 (252) 633-0068 December 7, 2006 ro Mr. David Moye North Carolina Division of Coastal Management Washington District 943 Washington Square Mall Washington,NC 27889 RE: Wayfarers Cove Marina Modification Minnesott Beach, Pamlico County,North Carolina AE Project No. 05125 Dear David: Attached please find the modified CAMA Major Permit application for the referenced project consisting of the following: • CAMA Major Permit Application(Original) • Project Narrative • Project Plans (25 Copies) • Original Green Cards for Abutting Property Owners and Notification Letter (Previously Provided) • Copy of Property Deed to Minnesott Beach Holdings, LLC (Previously Provided) • Copy of Property Deed to Minnesott Golf and Country Club (Previously Provided) • Copy of Access Channel Easement/Deed(Previously Provided) • Copy of Zoning Certification for Property from Minnesott Beach (Previously Provided) • Copy of Stormwater Permit (Previously Provided) 0 Archeological Letter(Previously Provided) • Copy of Existing Marina LAMA Permit(Previously Provided) • Copy of Upload Development CAMA Permit(Previously Provided) • Letters (2)Authorizing Work on Adjoining Properties (Previously Prov ) o � • ExistingSlip Count/Configuration Previous/ Provided p g (Previously ) � • $400.00 Permit(Previously Provided) -j • Authorized Agent Letter-Enclosed • Wayfarers Cove Marina Rules - Enclosed • Dissolved Oxygen Study- Enclosed Comments from your initial review of the project have been incorporated in this permit package. It is requested that you review the permit application as soon as possible. Your assistance in this matter is appreciated. Sincerely, Ke Avolis, P.E. ce- esident Jt consTq� m North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G. Ross, Jr., Secretary 13 December 2006 Pamlico News-Times PO Box 510 Oriental, NC 28571 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 20 December 2006 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. 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: DALE SCHMIDT NCDEIv'R COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 Thank you. Sincerely, Sherry Tyson, cretary Division of Coastal Management ATTACFEV ENT Cc: File \uuhCarolin�i �l�rtur�r�ly 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252.946-6481 1 FAX:252-948-0478 1 Internet:wNw.nccoastalmanagement.netl An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 12 December 2006. According to the said application submitted by Wayfarers Cove Marina for Minnesott Beach Holdings, LLC, applicant proposes to modify existing CAMA Major Permit No. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas at 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 9 January 2007 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. David Moye, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3852 Please publish on: 20 December 2006 ronsra North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G. Ross, Jr., Secretary 13 December 2006 Avolis Engineering, P.A. PO Box 15564 New Bern,NC 28561 Dear Mr. Kevin Avolis: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the property located at 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. It was received on 12 December 2006, and appears to be adequate for processing at this time. The projected deadline for making a decision is 26 February 2006. 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 the 12 December 2006, 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. ne 943 Washington Square Mall,Washington,North Carolina 27889 Nor hCarolina Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV 11vaturally An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Kevin Avolis 13 December 2006 Page 2 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, Ci) '-- a David Moye Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Doug Huggett Terry Moore, District Manager 4 IN q I AMA P RMIT APPLI F R ;f PROJECT: `'ok ' �, Sr�L•,�e �\ v\ am. n �C� r Ct ` `D�eGem�i'��o4�G��� `bn COMMENTS ACCEPTED THROUGHaY FOR MORE DETAILS CONTACT APPLICANT THE LOCAL PERMIT OFFICER-BELOW: ty�Q ,Pm can UNITED STATES POSTAL SERVICE �F°�®F' iC -Class Mail ge&Fees PaidP LIS ; Perrrlil No'G-10 EP • Sender: Please print your name, addres :, and ZIP+4 in this -!I: COMPLETE THIS SECTION • • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 7 ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. oyDi e ■ Attich this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No /l a % 3. Service Type &Certified Mail ❑Express Mail ❑Registered Q1l;Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1820 0002 4761 8102 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE Mail 101SPSe 'Fees Paid Permit No.d-10 • Sender: Please print you,name, address, ZIP 4 in is B SENDER: COMPLETE THIS S ECTION COMPLETE THIS SECTION ONDELIVERY N Complete items 1,2,and 3.Also Complete A. 111 item 4 K Restricted Delivery is desired. ■ Print Your name and address on the reverse X 0 Agent so that we can return the card to you. dressee ■ Attach tr-;-,card to the back of the mailpiece, Received by(Printed Name) , ry ,Da of De ive or on the front if space permits. C 1. Article Addressed to: D. Is delivery address different from item Yes Db if YES,enter delivery address below: ❑ No 0"- (1�x 3. Service Type F]Certified Mail El Express Mail 0 Registered Q Return Receipt for Merchandise 11 Insured Mail 0 C.O.D. 2. Article Number 4. Restricted Delivery?(Extra Fee) ❑Yes (transfer from service label) 7005 1820 0002 4761 8119 PS Form 361 1, February 2004 Domestic Return Receipt 102595-02-M-1540 wr�S FILED in PAMLICO Count y, SIC on Sop 02 2001 at 03:09:16 PM by: SUE K WHITFOFU REGISTER OF DEEDS F dl Ioowd Sop 02 2001 BOOK 01,926.00 930 PAGE 306 State of PAMLICO VSEP 2 8 2006 North Carolina County Real Est at* Exc;:s Tax - Morehead City DCM NORTH CAROLINA PAMLICO COUNTY TAX PARCEL# THIS DEED, made this 31" day of August, 2004, by and between KEITH A. WOLFENBARGER and wife JUDY H. WOLFENBARGER, citizens and residents of Pamlico County, North Carolina, MINNESOTT BEACH YACHT BASIN, INC., a North Carolina corporation, and K& JW,LLC,a North Carolina limited liability company, collectively Grantors, to MINNESOTT BEACH HOLDINGS,LLC,a limited liability company organized and existing under and by virtue of the laws of the State of Virginia, and authorized to do business in the State of North Carolina; whose mailing address is: /61 ce 4 aX-S (V /2cxtfl 177 Lam/, VH ��cv?/� , Grantee; WITNESSETH : That the Grantors in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to them paid by the Grantee, the receipt of which is hereb)/ acknowledged;have bargained and sold, and by these presents do bargain, sell, and convey unto the Grantee, its successors and assigns,the following described property, to wit: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Prepared By - _ Sumrell,Sugg,Carmichael,Hicks and Hart,P.A. RE 1 UFjN70 To Attorneys at Law DATE RETURNED 416 Pollock Street 61. 3 -d 4 New Bem, North Carolina 28560 BOOK 430 PAGE 309 TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and r 82006 appurtenances thereunto belonging to the Grantee:, its successors and assigns, in fee s le forever, r subject to-the herein above mentioned encumbrances, if any. ehead City ®CM And the Grantors, for themselves,theirs successors, heirs and assigns, covenant to and with said Grantee, its successor and assigns,that they are seized of said premises in fee and have the right to convey same in fee simple; that the same are free from encumbrances except the herein above mentioned encumbrances, if any; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, KEITH A. WOLFENBARGER, and wife JUDY H. WOLFEBARGER, have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside their names,this the day and year first above written. IN TESTIMONY WHEREOF, MINPIESOTT BEACH YACHT BASIN, INC. has caused this deed to be executed in its name by its President, attested by its Secretary, and its corporate seal to be hereunto affixed,this the day and year first above written. IN TESTIMONY WHEREOF, KEITH A. WOLFENBARGER, and JUDY H. WOLFEBARGER,being all of the Members of K&JW, LLC,have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appeasing beside their names, this the day and year first above written. By: (SEAL) ICEITH A.WOLFS ARGER By: _^ (SEAL) JUD .WOLFENBAR R rvIINNESOTT BEACH YACHT BASIN,INC. BY� vYl U C� k�Y _ r ' PRESIDENT ATTEST: _ Y f�. �.:':� E •'. -2- :: SEp� iu'. 0 19F , ro �. r N C0 `t•I�r J ..• $SCSI !za K 430 PAGE 310 K& JW,LLC, SEP 2 8 2006 �00 A Limited Liability Company Morehead City ACM B�?i (SEAL) KEITH A.WOLFENBAR ER,MEMBER By: SEAL JUDY WOLFENBARGE14MEMBER NORTH CAROLINA 'Q t"'eI-) COUNTY *O� otary Public of the aforesaid County and State do hereby certify t KEITH A. LFENBARGER and JLTDY H.WOLFENBARGER, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. A i V $,,my hand and notarial seal,this 21 day of ,i t , 2004. GVIY J M?,--Coinii�ssio 1 � I-E N 'TARY P1JaIQT At/ UG NO TH CAROLINA ti COUNTY h / —:7- Notary Public of the aforesaid County and State, do hereby certify that , C4,7zn personally appeared before me this clay and acknowledged that,-:)he is the _ Secretary of MINNESOTT BEACH YACHT BASIN, INC., a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by h�--self as its Secretari. �S`y151{llillll ��' , 4S my hand and notarial seal, this f day of , 2004. ry" 3'� Pbiprrfpires: NIDTARY PURL,T Pt � G = 1 rrrrdl lli11771t * BOOK 430 PAGE 311 SEP 2 8 Z006 NO TH CAROLINA M0rQhQa �'; COUNTY y��tyCr I�e4reb� ��. otary Public of the aforesaid County and State do certify t� t KEITH A.�W ��ARGER and JiTDY H.WOLFENBARGER, Members of K & JW, LLC, a limited liability company, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal,this 3 day of ;2004. 1.0% Ly 711!" //Y)( ,Alk !m5 i i 4 'res: OVARY PUB LI ,OTA,� �3 r 7 EXPIRES 'QC/BLIGv; %tLFN• I,Ot'r C Ov t,,,,, NORTIT'CLINA PAMLICO COUNTY The foregoing certificate of a Notary Public of the foregoing County and State, is certi ed to be coi. c . s instrument was presented for registration this day and hour and duly recorded in the Office of the Register of Deeds of Pamlico County,North Carolina, in Book 4,5 1)_, at Page This day of C7726 A. D.,2004,at J: D 8 o'clock-P-.M. BY: REdll—STAkbF DEEDS DEPUTY REGISTER OF DEEDS s\re\wolfrnbugeo-mbholdmgs.deed.dm 4 - d00K 430 PAGE 312 pit CZ EXHIBIT A SFP 2 ' 8 2006 Legal Description 110r ahead Cit.Y Parcel One v7 All that certain tract or parcel of land lying situate and being in Number Five Township, Pamlico County,North Carolina,-and more particularly described as follows: On the north side of Neuse River and west side of Alligator rut and beginning at the intersection of the northern edge of Neuse River with the western edge of Alligator Gut, it also being grantors' southeast comer as shown on that map entitled"A SURVEY FOR JUDY H. WOLFENBARGER",by Robert M. Chiles,PE, dated March 1, 1979 and recorded in Map Book 12 at Page 34, Pamlico County Registry, and running thence from said POINT OF BEGINNING North 31 degrees 42 minutes 00 seconds West with the northern edge of Neuse River 344.75 feet; thence North 61 degrees 15 minutes 47 seconds East 159.93 feet to the southeast corner of Neuse River Drive; thence North 56 degrees 07 minutes 10 seconds East with the end of said street and its extension 80 feet to the southern edge of Alligator Gut; thence South 29 degrees 45 minutes 00 seconds East with the edge of said gut 45.70 feet to grantors' eastern line; thence South 07 degrees 19 minutes 00 seconds West with grantors' eastern line 378.22 feet to the POINT OF BEGINNING as shown on a survey and map dated December 7, 1993,prepared by A.Hugh Harris, Jr.,PE-RLS, entitled"A SURVEY FOR ICF=WOLFENBARGER AND WIFE,JUDY WOLENBARGER (sic)", a copy of which is recorded in Plat Cabinet A, Slide 80-5,Pamlico County Registry, and incorporated herein by reference. AS AN APPURTENANCE to the above described lot there is conveyed herewith a perpetual, non-exclusive easement for ingress, egress and regress over and along Neuse River Drive. Parcel Two All those certain tracts and parcels of land lying situate and being in Number Five Township, Pamlico County, North Carolina, and more particularly described as follows: TRACT ONE: Beginning at a point, it being the point of intersection of the eastern right of way line of N.C.S.R. #1121 (Bennett Place Road) and the northern right of way line of Neuse River Drive,THENCE from said point or place of beginning along the eastern right of way line of N.C.S.R.#1221 North 34 degrees 19 minutes 02 seconds East 418.29 feet, North 33 degrees 52 minutes 34 seconds East 188.21 feet, North 32 degrees 39 minutes 57 seconds East 98.46 feet to a point; thence leaving said right of way line South 55 degrees 46 minutes 03 seconds East 640.59 feet; thence South 31 degrees 10 minutes 38 seconds West 86.84 feet; then South 69 degrees 25 minutes 39 seconds East 815.20 feet; thence South 30 degrees 25 minutes 00 seconds West 486.77 feet; thence North 69 degrees 21 minutes 00 seconds West 111.05 feet; thence South 22 degrees 05 minutes 00 seconds West 300 feet; thence South 07 degrees 19 minutes 00- seconds West 1,219.90 feet to the mean high water mark of the Neuse River; thence North 32 degrees 28 minutes 27 seconds West 344.91 feet; thence North 37 degrees 41 minutes 46 7�. boJK 430 PAGE 313 rth 48 degrees 48 minutes 16 seconds West 190.12;thenceSFp ` seconds West 248.18 feet; thence No g North 41 degrees 54 minutes 53 seconds East 330.53 feet; thence North 40 degrees 5�utes 2 ZaU6 thence North 27 degrees 58 minutes 22 seconds West 2733!Q4C 47 seconds West 502.44 feet, th gT (y thence North 37 degrees 12 minutes 10 seconds West 564.17 feet to the point of beginning, �;�� containing'40:735 acres, more or less, in accordance with a survey for Minnesott Beach Holdings,LLC by Atlantic Survey &Design,PA-,dated May 20, 2004, reference to which is hereby made . SAVING AND EXPECTING from Tract One above the following described property: On the north side of Neuse River and west side of Alligator Gut and beginning at the intersection of the northern edge of Neuse River with the western edge of Alligator Gut, it also being grantors' southeast comer as shown on that map entitled"A SURVEY FOR JUDY H. WOLFENBARGER",by Robert M. Chiles,PE, dated March 1, 1979 and recorded in Map Book 12-at Page 34,Pamlico County Registry, and running thence from said POINT OF BEGINNING North 31 degrees 42 minutes 00 seconds West with the northern edge of Neuse River 344.75 feet;thence North 61 degrees 15 minutes 47 seconds East 159.93 feet to the southeast comer of Neuse River Drive; thence North 56 degrees 07 minutes 10 seconds East with the end of said street and its extension 80 feet to the southern edge of Alligator Gut; thence South 29 degrees 45 minutes 00 seconds East with the edge of said gut 45.70 feet to grantors' eastern line; thence South 07 degrees 19 minutes 00 seconds West with grantors' eastem line 378.2;feet to the POINT OF BEGINNING as shown on a survey and map dated December 7, 1993,prepared by A_Hugh Harris,Jr.,PE-KLS entitled"A SURVEY FOR KEITH WOLFENBARGER AND WIFE,JUDY WOLENBARGER (sic)", copy of which is recorded in Plat Cabinet A, Slide 80-5, Pamlico County Registry, and incorporated herein by reference. AS AN APPURTENANCE to the above described lot there is conveyed herewith a perpetual, non-exclusive easement for ingress,egress and regress over and along Neuse River Drive. TRACT TWO: That certain easement, as described in the deed recorded in Book 200 at Page 152 of the Pamlico County Registry and being designated as"Hatched Area 1.620 Acre Easement Area"on the map referred to above. TRACT THREE: That certain easement recorded in Book 295 at Page 903 of the Pamlico County Registry. TRACT FOUR: Those certain easement:; described in the Deed of Easement recorded in Book 200 at Page 127 of the Pamlico County Registry. 1�.