20100953 Ver 1_Modifications_20101206

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DEC 0 6 2010 D
MEMORANDUM
DENR - VAYER QUALITY SEP 13 200
TO: Doug Huggett WE TLANW AND STORMATER BRANCH M&ftQdC#yDCM
FROM: David Moye
DATE: 20 August 2010
SUBJECT: Modification of CAMA Major Permit No. 98-06 issued to Moss Property Partners
and City of Washington
CAMA Major Permit No. 98-06 was issued to Moss Property Partners and The City of
Washington for the construction of a 92-slip marina and associated residential development off
Water Street adjacent the Pamlico River in the City of Washington, in Beaufort County, North
Carolina. To date Docks B and F have been completed and the pumpout has been installed
building have also been constructed on the upland portion of the site. The permit was
modified on 24 April 2008 for upland development changes and marina reconfigurations. The
permit is currently being reviewed for a modification to add 64 - four pole cable boatlifts and 26
floating drive on lifts in the permitted slips, leaving 2 side to slips open with no lifts proposed.
Moss Property Partners have requested the following modifications to the permit:
1) Relocating the existing pumpout to the waterward end of the most downstream
finger pier on Dock B.
2) Install a 36' wide by 60' long floating platform with a 16' wide by 35' long bath house
structure in the open water area between the Existing Dock B and the permitted
Dock C. This area is currently not a designated slip but is the open transient area
for the existing pumpout facility at the marina. The bath house consists of 4
individual bathroom facilities, a laundry room with 2 washers and dryers, an office
and a mechanical room. Sewer and water connections will be made to the existing
facilities on Dock B and have been approved by the City of Washington (see
attached letter dated 5 August 2010).
The proposed changes will result in the addition of one additional slip for a total of 93
permitted slips. The proposal is consistent with 15A NCAC 07M.0602 (b) and 07M.0603(a)
and (b). The USACOE, DWQ, DMF and WRC have been made aware of the proposed
change and l would suggest that the proposal be routed-to them at a minimum.
The $100 check covering the cost of the modification has been deposited in the
Department's account.
ATTACHMENTS
cc: Ted Tyndall - Assistant Director, DCM i h' ;
t
Mr. David W. Moye
District Manager and Express Permit Coordinator
Washington Regional Office
Division of Coastal Management (NCDENR)
943 Washington Square Mall
Washington, NC 27889
Dear David,
ROWBOAT
Dock & Dredge
THE ROWBOAT COMPANY, INC.
August 18th, 2010
In connection with Moss Property Partners LLC (MPP) request for a modification to the
existing CAMA Permit No. 98-06 to include a Floating Bathhouse at the Marina at Moss
Landing in Washington, North Carolina, I have summarized below and in the enclosed
attachments the additional items you had requested:
1. Check in the amount of $100.00 made payable to NCDENR.
2. A signed copy of the Indemnity and Performance Agreement between MPP and
the City of Washington, whereby MPP accepts full responsibility for the rights
under the CAMA Permit No. 98-06.
3. A drawing sheet showing the dimensions of both the Bathhouse Structure and the
Floating Platform.
4. A plan view of the marina showing where the Floating Bathhouse would be
located.
Si-cerely,
R. (Bob) Wilson
Managing Partner
The Marina at Moss Landing
858 Williamson Road • Mooresville, NC 28117 • 704-663-3478 - FAX [phone]
www.rowboatcompany.com • email: [e-mail]
Request for Aanroval
The Marina at Moss Landing in Washington, North Carolina is requesting approval o
construct a Floating Bathhouse in an existing boat slip in the marina. The floating ote",? Or®
bathhouse would replace the previously planned upland bathhouse which is no longer
possible. Y?
Proiect History
On June 28 2006, the State of North Carolina Department of Environment and Natural
Resources and Coastal Resources Commission issued a Permit (98-06) to Moss Property
Partners (MPP) and the City of Washington, authorizing the development of a 92 slip
marina along the shoreline of the Pamlico River in Washington, North Carolina. In
August of 2006, Moss Property Partners sold approximately 8 acres of land to Progress
Partners LLC (now known as Progress Companies LLC) to develop property adjacent to
the marina. In the purchase agreement, Progress Companies, LLC was to construct fifty-
four (54) Condominium Units and twenty-two (22) Townhome Units. The two
Companies agreed in writing to jointly construct, own, and manage a bathhouse on the
land within the upland condominium complex.
Not having sold a condominium or townhouse within the last two years, the upland group
has informed MPP that they have no intention of proceeding with the agreed upon
bathhouse construction on their property. That piece of property was the only available
tract of land within a reasonable walking distance from the marina that was available for
a bathhouse.
Several boaters have informed us that while they find our marina and the Town of
Washington very attractive, the lack of a bathhouse would preclude them from
purchasing a slip at the marina. They have consistently informed us that a bathhouse is an
essential amenity in any marina.
Summarized below are the key elements that we have identified that support our need for
a Floating Bathhouse within The Marina at Moss Landing in Washington, North
Carolina. In addition we have attempted to address below, potential concerns regarding
the placement of the bathhouse within the confines of the marina.
? Bathhouse Need - In analyzing the competitive environment of commercial marinas
from New Bern and Oriental to near by marinas such as McCotters, Cypress Landing,
and Washington Yacht and Country Club; we have verified that they all have
bathhouses. Bathhouses are essential amenities for any commercial marina. Several
boat owners who have visited the marina have informed us that they are not likely to
purchase one of our slips if a bathhouse is not available. Inasmuch as the land that
would have been used to construct the upland bathhouse is no longer available, a
floating bathhouse is the only viable option.
? Bathhouse Construction - It is our intent to utilize companies experienced in
modular construction and floating platforms. The floating platform will be
constructed using galvanized steel box-truss frames and Corps of Engineers approved
(Reg. #36 CFR Part 327) foam filled sealed floats. The holding tank will consist of a
8/9/2010
polyethylene shell that has been designed for sewage containment. The gray and
black water from the holding tank will be discharged directly into the City of
Washington's sewer, in a closed system. The high powered pump activates when the
holding tank reaches approximately 80% of the tank capacity. There will be a manual/
sewage pumpout system in place as a backup. The decking platform will comprik G?'' ,
recyclable composite materials. The ADA accessible building structure will have
EPS insulated vinyl siding exterior with four complete bathrooms with showers, twos -, day,,
of which will be ADA compliant. The building structure has been designed to
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compliment the upland condominiums in style and paint scheme and to provide an
eye pleasing restroom and shower experience for our customers.
? In Use Across the US - In addition to the use by several commercial marinas such as
City Marina in South Carolina, several states have encouraged and funded the use of
floating bathhouses in their respective waters. Through the use of Clean Vessel Act
funds, the state of Oregon has eleven floating bathhouses in operation. The National
Park Service in conjunction with the states of Arizona and Utah have implemented
eight floating bathhouses on Lake Powell with each bathhouse having 4,000 gallon
holding tanks. The first two bathhouses on Lake Powell were operational in 1997 and
the other six in 1998. Several Federal Agencies including US Army Corps of
Engineers, in Oregon and Washington; US Coast Guard, in Florida and California;
and the Bureau of Reclamation have been using Topper Industries floating restrooms
over the past twenty years. Lake Hartwell, which is managed by the US Army Corps
of Engineers was this year awarded funding by the South Carolina Department of
Natural Resources to construct sewage pumpouts and floating restrooms.
? Endangered Species - Endangered species concerns were fully investigated before
the issuance of the major CAMA permit. Upon further investigation it is our opinion
that the facts in this case remain unchanged. The bathhouse would be constructed
within the existing permitted area.
? Submerged Aquatic Vegetation (SAV) - There is no submerged aquatic vegetation
under the marina or in the location where the bathhouse will be located.
? Hurricane Planning - The Marina at Moss Landing was designed to withstand a
typical Category II hurricane including both storm surge and high winds. The
bathhouse will be designed and constructed to meet the same standards. In the event
of an impending Hurricane, the marina would determine, based on official forecasts,
whether the floating bathhouse should be moved to a more sheltered area. If it was
determined that the bathhouse should be moved to a more secure site, we would tow
it by skiff up stream of the Highway 17 bridge on the south side of the Washington
inner-basin in the sheltered Park Boat Marine cove.
? Navigable Waters - The bathhouse, once constructed within the approved footprint
of the marina, will be located adjacent to the Federal Channel. The intent is to secure
the bathhouse in one of our existing slips (see attached drawing).
? Federal Funds Available - Funding has been made available from the US Fish &
Wildlife Service under the Clean Vessel Act of 1992. Administered by the North
Carolina Division of Coastal Management (DCM), these funds are being made
available to marinas that install Pumpout/Dump Stations, including Floating
Bathhouses. We plan to apply for grant monies to assist with the construction of our
bathhouse.
8/9/2010

City of Washington
P. O. Box 1988, Washington, NC 27889-1988
August 5, 2010
Mr. Robert O. Wilson
Managing Partner
Moss Property Partners, LLC
858 Williamson Road
Mooresville NC 28117
4
SUBJECT: Permission to attach the Moss Manna bathhouse into the Washington Municipal
Sewer System
Mr. Wilson
In accordance with CAMA regulations, this letter serves as official notification that the City of
Washington will accept wastewater flow from a proposed floating bathhouse into the Municipal
Sewer System operated by the City under the following conditions:
1. The connection will be made in accordance with the drawing attached.
2. The connecting hose with be a stainless, braded hose, similar to the hose currently in use
on "B" Dock at Moss Landing Marina.
3. The sewage will be pumped from the holding tanks on the bath house into the sewage
force main.
4. Check valves will be installed on each side of the hose connection.
5. Appropriate permits will be obtained from the USACOE, CAMA, NCDWQ and all other
agencies of jurisdiction, including the City of Washington's.
6. The bathhouse will be maintained by the marina operator or Boat Owner Association and
not the City of Washington.
7. The City of Washington's acceptance point is the existing manhole at the intersection of
Water Street and Harvey Street. No part of the sewer infrastructure required to deliver
the flow to this point will be maintained by the City of Washington.
I understand that these conditions are acceptable to your company, and with that understanding
the City of Washington grants its permission for you to tie the proposed bathhouse into its sewer
system per these conditions.
Sincerely,
--4? ??
R. A. Lewis, III
Public Works Director
Attachment
cc: James C. Smith
Adam Waters
102 E Second St • Telephone [phone] TDD 1404735.2962 • Fax [phone]
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, Scheller, Roberto
From: Wood, John 4,J copy
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Sent: Wednesday, December 01, 2010 3:48 PM
To: Scheller, Roberto
Cc: Gledhill-earley, Renee
Subject: Moss Landing Floating Structure Permit, Washington, Beaufort Co.
Roberto,
I checked with Renee Gledhill-Earley, our environmental review coordinator, and she also has not seen the
permit modification application/drawings for the floating structure proposed at Moss Landing in Washington.
Could you please either fax or e-mail copies of the application/drawings for our agency review. My fax number
appears below; Renee's is 919-807-6599. Our e-mail addresses are above.
Thanks,
John
John P. Wood
Preservation/Restoration Specialist
N.C. State Historic Preservation Office
littp://www.hpo.ncdcr.jzov
Phone: [phone], extension 225 Fax [phone]
**This message does not necessarily represent the policy of the N.C. Department of Cultural Resources
** E-mail messages to and from me, in connection with the transaction of public business, are subject to the North Carolina Public
Records Law and may be monitored and/or disclosed to third parties.