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20071168 Ver 1_CAMA Application_20070702
~~~ DIVISION OF COASTAL MA1~iAGEMENT CQ~Z~L' ~-d FIELD INVESTIGATION REPORT 1. APPLICANT'S NA'VIE: Riverfront Investors, LLC 2. LOCATION OF PROJECT SITE: 100 Block of Howell Road, adjacent to the Trent River Bridge in the Trent River, New Bern, Craven County Photo Index - 2006: 72-6288 grid (B-16/17/18/19)(C-16/17/18/19)(D-18/19) 2000: 72- 841 grid (V-5/6/7/8)(W-5/6/7)(X-6)1995: 72-804 grid (U-11/12)(V- 11/12/13/14)(W-11/12/13/14) State Plane Coordinates - X: 2586679.679 Y: 496781.534 Rover # L061816A LAT 35°05'56.65980 LON 77°02' 18.26704 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/13/07 Was Applicant Present -No ~ ~ 5. PROCESSING PROCEDURE: Application Received - CC 5/25/07 Office -Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -City of New Bern Land Classification From LUP -Community/Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial 68 (E) Wastewater Treatment: Existin Cit Sewer ~' ,' ' ~~4 ~' ' ~ ~Y g Y ~a~; . ~. ~~ ~~ ~~:, ~,; (F) Type of Structures: Existing - 138 Slip Marina ~ ~; ~~~,d Planned - Additiona134 Slips '-' ~~ (G) Estimated Annual Rate of Erosion: N/A Source - N/A ~ ~ ~ `~ ~..~ ~ ~ :~~; ~ = n~.r~ ~~ 7. HABITAT DESCRIPTION: DREDCTF,D FIi.I.F.n nTHF,R (A) Shallow Bottom 600 cu. yds. 13,500 sq. ft. N/A N/A (B) Open Water N/A N/A 14,880 ft2 Incorp. 4798 ft2 shaded (D) Total Area Disturbed: 28,380 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB-NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to expand an existing 138-slip marina by 34 slips creating a 172-slip marina, which is an increase of 24.6%. Expansion will involve the construction of 2 new docking facilities and associated maintenance dredging. Bridge Pointe Development, LLC Page 02 9. Narrative Description: The Bridge Pointe Marina is located at 1004 Howell Road in New Bern, Craven County. The project site is found by traveling west on Hwy. 70 towards New Bern, taking the Downtown New Bern exit, the marina is located on the left hand side of the road, at the bottom of the ramp, at the confluence of the Trent and Neuse River. The subject property is three parcels totaling 16.42 acres bordering the Trent River and averages 3' in elevation above NWL. The water front rights are owned by Riverfront Investors, LLC. There is currently a hotel, dock masters house, and associated marina parking on the upland parcels owned by Bridge Pointe Development, LLC. There is a 138 slip marina originating from the property. The elevation of the tract is approximately 3' above NWL. The high ground consists of yard grass and ornamental landscaping. The Army Corps of Engineers has claimed a Section 404 Wetlands fringe waterward of the existing upland retaining wall. This Section 404 Wetland is labeled as "wetland area" on the associated workplats. At the Normal Water Level are 2 colonies of Black Needle Rush (Juncus roemerianus). Both areas are approximately 20' x 20'. The waterbody at the subject property is 1200' across at the narrowist point and 1600' across at the widest point. The property has a combined shoreline of approximately 1800' and the substrate in the Trent River at this location consist of sand and silt. The property west of the site is owned by NC Railroad and the property east of the site is owned by NC DOT. Directly across the Trent River from the Bridge Pointe Hotel and Marina is the Sheraton Hotel and Marina. Water depths at the facility vary from 0' below NWL at the head of the inland basin to approximately 14' below NWL at the end of the existing marina. There is a channel in the vicinity of the marina that is located approximately 65' from the end of the existing docks at the closest point. After a site visit and the review of aerial photography, it appears that no SAV exists in the area. The Division of Water Quality classifies this area as SB-NSW waters. This area is not a Primary Nursery Area. This Trent River is closed to the taking of shellfish and no visible shellfish were observed. The Craven County Land Use Plan dated 1996 classifies this area Community on the highground and Conservation within the AEC's. The substrate composition at the project site within the Trent River is silty sand. 10. Proiect Description: The applicant is proposing to expand an existing 138-slip marina by 24.6°Io to a 172-slip marina. The existing docks will remain in place and in the same configuration. The current western most dock will be extended landward and accommodate 6 new slips as well as replace an existing slip. The dimensions of this dock will be 100' x 6' with 4 associated finger piers measuring 30' x 3.5'. An additional dock will be constructed in the western most basin to accommodate 14 new slips. The dimensions of this dock will be 235' x 8' with 7 associated finger piers measuring 40' x 4.5'. These two new docking facilities will account for 20 of the 34 slips proposed for expansion. The remaining 14 slips are proposed as side to docking along the existing bulkhead at the waterward end of the existing peninsula as well as a 70' slip r+ Bridge Pointe Development, LLC Page 03 at the head of the western most basin. There will be 46 mooring pilings installed along the bulkhead and between the new finger piers as part of the boat slips. Additionally, new gangway and platform are proposed at the head of the eastern most basin. This platform will be constructed at the Normal Water Level and will measure 58' x 11' and will be accessed by a gangway originating from the bulkhead. The purpose of the platform is loading and unloading of pedestrians at the water level to access the amenities on the highground. The two new docking facilities will extend no farther into the waterbody than the existing piers and will conform to the 1/a width rule. The new docks are commercial and therefore are not subject to the 4 square foot rule. The applicant is proposing to maintenance dredge two areas totaling 600 cubic yards of silty- sand material. The material will be dredged using abarge-mounted excavator. The first area is approximately 7500 square feet and water depths at this location range from -0' at NWL to -3 at NWL. The dredging will make a final project depth at this location of -~ NWL and will tota1360 cubic yards of material. The second area to be dredged is located at the landward edge of the new 100' x 6' dock. This area is approximately 6000 square feet and water depths at this location range from -2.5' at NWL to - 5' at NWL. The dredging will increase the controlling depths to -5 NWL and will tota1240 cubic yards. The spoil material will be disposed of off-site at an upland location outside of the AEC. CAMA Major Permit #106-06 was issued for the upland development on this site. CAMA Permit # 106-06 was issued for the demolition of the old harbormaster building and the construction of a new harbor master building, replacement of the existing wooden bulkhead and replacement of the existing retaining walls. This permit was processed through the Express Permitting Program. 11. Anticipated Impacts: A total of 13,SOOft2 would be excavated which would result in the removal of 600 yd3 of silty sand material. The spoils would be disposed at an off-site upland location. The proposed dock, finger piers and platform would result in 14,880 ft2 of open water incorporated while shading 4,798 ft2 and providing docking for 21 boats. An increase in turbidity will occur while setting pilings. There should be no hazard to navigation resulting from this project, as there are other docks of equivalent length along the same shoreline. No coastal marsh would be filled or excavated during this project. Jonathan Howell Morehead City June 1, 2007 ~~~ ~~~ NCDENR 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 June 29, 2007 MEMORANDUM: z L~ .''._'! ~ ZOi;; . TO: Ms. Cyndi Karoly Environmental Biological Supervisor ~~:-~~'~ - ~n~Ar~~ + -.L„ ; Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Riverfront Investors, LLC Project Location: 100 Block of Howell Road, adj. to Trent River Bridge in the Trent River, New Bern Proposed Project: The applicant is proposing to expand an existing 138 slip marina by 34 slips creating a 172 slip marina, which is an increase of 24.6%. Expansion will involve the construction of 2 new docking facilities and associated maintenance dredging. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 20, 2007. If you have any questions regarding the proposed proj ect, please contact Jonathan Howell at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency apprpWes of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 400 Commerce Avenue, More~~~itk Nnrth t^amllga 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 Major Permit Faa Schedule DCM ~ DWQ ~ Development Type. Fee (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private; non-commercial development that does not involve e filling or excavation of any etlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve e filling or excavation of any etlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves e filling and/or excavation of up to 1 acre of wetlands and/or open ater areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Qual'dy Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more an one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) DIVISION OF COASTAL MA'vAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Riverfront Investors, LLC 2. LOCATION OF PROJECT SITE: 100 Block of Howell Road, adjacent to the Trent River Bridge in the Trent River, New Bern, Craven County Photo Index - 2006: 72-62.88 grid (B-16/17/18/19)(C-1.6/17/18/19)(D-18/19) 2000: 72- 841 grid (V -5/6/7/8)(W-5/6/7)(X-6)1995: 72,-804 grid (U-11 /12)(V- 11/12/13/14)(W-11/12/13/14) State Plane Coordinates - X: 496781.534 Y: 2586679.679 Rover # L061816A LAT 35°05'56.65980 LON 77°02' 18.26704 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/13/07 Was Applicant Present -No 5. PROCESSING PROCEDURE: Application Received - CC 5/25/07 Office -Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -City of New Bern Land Classification From LUP -Community/Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing -City Sewer (F) Type of Structures: Existing - 138 Slip Marina Planned - Additiona134 Slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: nRF,nCTF,n FTT,T,F,n nTHF,R (A) Shallow Bottom 600 cu. yds. 13,500 sq. ft. N/A N/A (B) Open Water N/A N/A 14,880 ft2 Incorp. 4798 ft2 shaded (D) Total Area Disturbed: 28,380 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB-NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to expand an existing 138-slip marina by 34 slips creating a 172-slip marina, which is an increase of 24.6%. Expansion will involve the construction of 2 new docking facilities and associated maintenance dredging. Bridge Pointe Development, LLC Page 02 9. Narrative Description: The Bridge Pointe Marina is located at 1004 Howell Road in New Bern, Craven County. The project site is found by traveling west on Hwy. 70 towards New Bern, taking the Downtown New Bern exit, the marina is located on the left hand side of the road, at the bottom of the ramp, at t.l~ie confluence of the Trent and Neuse River. The subject property is three parcels totaling 16.42 acres bordering the Trent River and averages 3' in elevation above NWL. The water front rights are owned by Riverfront Investors, LLC. There is currently a hotel, dock masters house, and associated marina parking on the upland parcels owned by Bridge Pointe Development, LLC. There is a 138 slip marina originating from the property. The elevation of the tract is approximately 3' above NWL. The high ground consists of yard grass and ornamental landscaping. The Army Corps of Engineers has claimed a Section 404 Wetlands fringe waterward of the existing upland retaining wall. This Section 404 Wetland is labeled as "wetland area" on the associated workplats. At the Normal Water Level are 2 colonies of Black Needle Rush (Juncus roemerianus). Both areas are approximately 20' x 20'. The waterbody at the subject property is 1200' across at the narrowist point and 1600' across at the widest point. The property has a combined shoreline of approximately 1800' and the substrate in the Trent River at this location consist of sand and silt. The property west of the site is owned by NC Railroad and the property east of the site is owned by NC DOT. Directly across the Trent River from the Bridge Pointe Hotel and Marina is the Sheraton Hotel and Marina. Water depths at the facility vary from 0' below NWL at the head of the inland basin to approximately 14' below NWL at the end of the existing marina. There is a channel in the vicinity of the marina that is located approximately 65' from the end of the existing docks at the closest point. After a site visit and the review of aerial photography, it appears that no SAV exists in the area. The Division of Water Quality classifies this area as SB-NSW waters. This area is not a Primary Nursery Area. This Trent River is closed to the taking of shellfish and no visible shellfish were observed. The Craven County Land Use Plan dated 1996 classifies this area Community on the highground and Conservation within the AEC's. The substrate composition at the project site within the Trent River is silty sand. 10. Project Description: The applicant is proposing to expand an existing 138-slip marina by 24.6% to a 172-slip marina. The existing docks will remain in place and in the same configuration. The current western most dock will be extended landward and accommodate 6 new slips as well as replace an existing slip. The dimensions of this dock will be 100' x 6' with 4 associated finger piers measuring 30' x 3.5'. An additional dock will be constructed in the western most basin to accommodate 14 new slips. The dimensions of this dock will be 235' x 8' with 7 associated finger piers measuring 40' x 4.5'. These two new docking facilities will account for 20 of the 34 slips proposed for expansion. The remaining 14 slips are proposed as side to docking along the existing bulkhead at the waterward end of the existing peninsula as well as a 70' slip Bridge Pointe Development, LLC Page 03 at the head of the western most basin. There will be 46 mooring pilings installed along the bulkhead and between the new finger piers as part of the boat slips. Additionally, new gangway and platform are proposed at the head of the eastern most basin. This platform will be constructed at the Normal Water Level and will measure 58' x 11' and will be accessed. by a gangway originating from the bulkhead. The pl.~r~pose of the platform is loading and unloading of pedestrians at the water level to access the amenities on the highground. The two new docking facilities will extend no farther into the waterbody than the existing piers and will conform to the 1/a width rule. The new docks are commercial and therefore are not subject to the 4 square foot rule. The applicant is proposing to maintenance dredge two areas totaling 600 cubic yards of silty- sand material. The material will be dredged using abarge-mounted excavator. The first area is approximately 7500 square feet and water depths at this location range from -0' at NWL to -3 at NWL. The dredging will make a final project depth at this location of -4 NWL and will tota1360 cubic yards of material. The second area to be dredged is located at the landward edge of the new 100' x 6' dock. This area is approximately 6000 square feet and water depths at this location range from -2.5' at NWL to - 5' at NWL. The dredging will increase the controlling depths to -5 NWL and will tota1240 cubic yards. The spoil material will be disposed of off-site at an upland location outside of the AEC. CAMA Major Permit #106-06 was issued for the upland development on this site. LAMA Permit # 106-06 was issued for the demolition of the old harbormaster building and the construction of a new harbor master building, replacement of the existing wooden bulkhead and replacement of the existing retaining walls. This permit was processed through the Express Permitting Program. 11. Anticipated Impacts: A total of 13,SOOft2 would be excavated which would result in the removal of 600 yd3 of silty sand material. The spoils would be disposed at an off-site upland location. The proposed dock, finger piers and platform would result in 14,880 ft2 of open water incorporated_while shading 4,798 ft2 and providing docking for 21 boats. An increase in turbidity will occur while setting pilings. There should be no hazard to navigation resulting from this project, as there are other docks of equivalent length along the same shoreline. No coastal marsh would be filled or excavated during this project. Jonathan Howell Morehead City June 1, 2007 i ~~~ r ~ ~,~ ~ •i~v".% fit[} J.` b~ Lf /l ,./ a ~, r (' r~ t o7-~~sa 11~r~r>rh~a~ fit ~~M CAMA MAJOR PE~MIT APPLICAT ION FO R DEGRAFFEN YACHT CLUB PROPOSED MARINA EXPANSION 100 HOWELL ROAD, NEW BERN, NORTH CAROLINA DEVELOPED BY RIVERFRONT INVESTORS, LLC 1315 SO. GLENBURNIE DR. NEW BERN, NC 28561 JOSEPH E. THOMAS, AGENT RIVERFRONT INVESTORS, LLC CONTACT PERSON (252) 637-7985 PREPARED BY o0~.eo®~~SFr®~ ~.r ~s ®; ,~ ~~ ~L ~,~~ x8925 e ~a ~i'~'6~''`'~8~1~~~ a~,~~. Michael L. Rice, P.E. ROBERT M. CHILES, P.E. Engineers 8~ Consultants 417-A Broad Street P.O. Box 3496 New Bern, N.C. 28564-3496 ,~~ . ~--.^ ~~, ..., = ~~l ~~, yi _ ~, "~ ~? ~?PA.PlCH May 24, 2007 Job No. 2005210 - __ _ ~~ ~~ 21 6 ~ i i ~i ~ `~N}( Td~'L~~~~i~~I~TE'N~~f '~~~1~ APPLICATION FORMS APPLICATION FORM DCM-MP-1 EXCAVATION AND FILL FORM DCM-MP-2 STRUCTURES FORM DCM-MP-4 MARINA DEVELOPMENT FORM DCM-MP-6 --~ ~ A,° - k 3 NARRATIVE i_ ~~~~' ~"~`~ `~' '~'~ "~-~ ~ ~Ui,'1 PROJECTDESCRIPTION SITE DESCRIPTION ~.F:~ ~ ~~ y PROPOSED CONSTRUCTION •:,.r ~ `' `~` `"r ~''~' PROPOSED MAINTENANCE DREDGING RIPARIAN ADJOINERS ATTACHMENTS COPY, AUTHORIZED AGENT ASSIGNMENT US ARMY CORPS OF ENGINEERS WETLAND DETERMINATION CRAVEN COUNTY DEED BOOK 2522, PAGE 401 COPIES, ADJOINER NOTICES W/DRAWINGS 8~ USPS CERTIFIED MAIL RECEIPT ZONING COMPLIANCE CERTIFICATE WATER AND SEWER PROVISION LETTER DRAWINGS DEGRAFFEN YACHT CLUB PROPOSED MARINA EXPANSION (See Sheet Names Below) FOR RIVERFRONT INVESTORS, LLC prepared by ROBERT M. CHILES, P.E. MARINA 1.00: Existing Conditions MARINA 1.10 : Proposed Conditions MARINA 1.20 : Proposed Maintenance Dredging ~... ~: I ~` -.~, t~ - i, ! 1 ~~"`~~~'~~'~ ~AiILI~i~N FORM DCM-MP-1 EXCAVATION AND FILL FORM DCM-MP-2 STRUCTURES FORM DCM-MP-4 MARINA DEVELOPMENT FORM DCM-MP-6 .~' ~ ~~;. .. , ! ~ ~. ~-.. a ~ ' r~_~ /y, i ° ~~ "`,~ ~~ ~~ ~"+ .,,~ l x s Form DCM-MP-1 # ~ , r ,,,._ ~;~ ,?~ i APPLICATIO~r~°~ rF:: ;~ ~~:, .~.~.~ (To be completed by all applicants) 1. APPLICANT a. Landowner: Fax Name RIbC-~~~vn~ i /nlv~sro.~S , ~-~ Address 135 S• C7LE~BuRn11~ ~t~. City ~ ~w~ERnl State l~l ~ Zip 2856! Day Phone P52 63-]~98'~ b. Authorized Agent: Address ~~ ~$oX 3`~q(a City /~Ic~ t3ERN State ~ G Zip Z85~~ Day Phone Z52 637`I70Z p~ 25z ~3731oc7 c. Project name (f any) ~cG~FFr /~! ~e~Lf-!' l Cpl-1d~3~~~2 a i'o S ~ A MA-R1Ns~ C-rXPf~/`l.~l ~r•~ d. NODE: P~r+rrt wi!! be issuul in name of landowrur(tJ, and/or prvjed namc. 2. LOCATION OF PROPOSED .PROJECT a. County L' ~ V C- ~! b. C~O~YY, town, community or landmark IvEw ~E21~1 c. Street address or secondary road number _ IOD $Ly4C ~oy~/EL-L ~D d. IS proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest,E.r~oject (e.g. river, creek, sound, bay) "T'`REN7' KlVEi~ 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. N~C21r•11~ LXPf~NSIO-y a ~RfiOcatN,C7 A-~O `lock Co,1STlzu ~i ~ ~ nt b. Is the proposed activity maintenance of an existing project, new work, or both? "$07/~ c. Will th__e_projed be for public, private or commercial use'- " t'21 V ~Tt Give a brief description of purpose, use, methods of consuvcxion and daily operations of proposed project. >f more space is needed, please attach additional pages. C"k157/NU ~t.[A~N S CTI/RCS 51~~ ~'S E ~2FPA~,Zi= ~ Jb~l A ~ 2F,~-~ s NE~nFD /JEW S i ~ZU c.TU'L,i;S Co~ssxu~D `~Q E C~A1~D Ttl i; cx/ST/nlC~ L'A-PAC+Ty Re.iscd N/95 t.a i ,.,..' f {~ .(,. ._ Form DCM-MP-1 ~ ~., ~# 4d ss~c .,... .,. ., ~~ tJ U l I~inreh~~d G~~y D~n~ m. Describe existing wastewater treatment facilities. 4. LAND A.'~ID WATER ~U~~ctPAL v~(iESTEWA~TE2 ?12~~T- CHARACTERISTICS `~ NT ~O ."l 2 ((R of h> a. Size of entire tract b. Size of individual lot(s) N ~ 1~ Approximate elevation of tract above MHW or NWL 3 F~~"f n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down' and residential discharges.) SuRFI~CE 2un/oFF f`c~~(x U~AcTEi(Z-' ~~07dr Q ~ TQ~-1 d. Soit type(s) and texture(s), of tract °• ~'oN.PP~c1-6P G2J4~~L E P1~VErv.~N I . So~L 'iZEPaQT ~RCPP~lzr=d j=piZ UPLI~-~~ nCYELt7PM~ErII e. Ve etation on tract -/~l r.! r Mp.L L..A~ -~ D Sc.P~Pr~! Ca . -'t t-~-JTS ~ C72RSSC~ f. Man-made features now on tract 3~~U rlorhJT~ ~}oTE L ~ Mh~-1 N A g. What is the CAMA Land Use Plan land classification Of the site? (Connitr the boot lm,d use plan.) Conservation ~C Developed Rural Transitional Community Other h. How is the tract zoned by local government? M- X e n ~ X- Co MME (tc.1 >4 ~- ! C 3 i. Is the proposed project consistent with the applicable zoning? ~ Yes No (,4ttaeii zoning taomplicnet eertifiaate, tf appliaabkJ Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes ~. No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Ycs ~C No 1. Are there wetlands on the site? x Yes _ No Coastal (marsh) X Other ~' If yes, has a delineation been conducted? t S (,4aach dooencntarion, tf awilablaJ Describe existing drinking water supply source. tom' ~g ~-I c. vJI~TE lZ Sy ~1-~! 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat Including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 12' by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original dnwings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of Alai requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Rerised 03/95 ~`' ' `~ S 4 ~ : _ ~~ ~'~~~ ~ ~~'~ > ''r; r Form DCM-MP-1 140~.:~r~:~~:~d ~`ai~i ~G~Uf site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return re~oeipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name ~IC,DD ~ Address 2° 5 ~ C~ L.e~r3 ~z N -E Ka Phone nlEw ~r,eN /~l C 28Sbo -Z7`l I Name 1~ S 1Z~ Address t ~5 SPRt N tb S i SyJ Phone ~r~a~NT~ ~~aA 30303 I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subjecx to conditions and restrictions contained +'~ the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approvod Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. Name /.1G2R 1 further certify that the information provided in ibis application is truthful to the best of my knowledge. Address 2$09 t~t(,NvJoooS BLun Sui7'E loo Phone IZR~IU!{ Nc 21tfly4-rooo • A List of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. £SG C./ZI~Ut:-2oo~,-OS(o JAY ~3,2~~ ~`~-TVC-~05zo; uNr~ 2, zwa(o • A chex3c for 5250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the casts of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND This is the 2p day of ~E3 , ~,~_. Print Name DSE ~ /~or+~ ~ Signature ~ (~_ r or Autiwrrzed Agenr Please ind'icaie attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development / DCM MP-4 Structures Information _DCM MP-S Bridges and Culverts /DCM MPS Marina Development NOTE: Please sign and date each anachment in the space provided at the bono~n of each form. Revised Q3/95 ~ Lei Z... ~ ~'~ ~ c . Form DCM-MP-2 ~lj r~Y ~ ~ ~ (i (] ? EXCAVATId1'~he~° °"Y °°`" AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final E~dsting Project Length Width DepW Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other eluding n< stabiliution) 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards ~:©O t/- b. Type of material to be excavated 5r'~-N~~ 5 i~j ~~1~ c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes ,~ No d. Highground excavation in cubic yards re~t~n/E 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area ~Jvs%li`1(~ - - Dil=} ~ rc 1'~iGL~T y D ~ C'n-.1,"YCr1L~ o2'S c>-/oas, b. tmensions of disposal area U~IkNou~rJ. l IDc25o~1'7 ~C~n - tSAc~~~,+ c. Do you claim title to disposal area? Yes _~ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? Yes If yes, where? J~f~1~T~Rl~AIC-C ~ ~QU[Y'ALtALT QILT~{I~I~~L/~~ ~t.t~ ~1ry7C1~lSl~I~(S ~ tCt`~ C~ rn/ ~ ~ ~ - rf 5 ' x r ~ p ~ - (~ -o' x r ~ e' be available for future No Revi_ced 03195 +~ Form DCM-MP-2 ;~~ gal ~, ~ r'.li (! e. Does the disposal area include any coastal wetla~~~~~~~.t;l~~ '~"~~~ (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes _~ No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes ~_ No 3. SHORELINE STABII.IZATION ~ a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES 1 (~ (Excluding Shoreline Stabilization) ~ t R a. Will fill material be brought to site? Yes No 4 {'~~ Y (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Ex cc~vq~ n M f}Tt=2i s~ /Zc'rnO~tn TO br~SrrE` D~sPOSAL ~-2E!{ of corJTRik~.~iLS C1F~Sin/(~ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge}? _. _ ._~ _ F3A2Ci ~ mo o,.l7r D C ~Cii ~7~7a,2 c. Will wetlands be cr;,ssed in transporting equipment to project site? Yes ~_ No If yes, explain steps that will be taken to lessen environmental impacts. ~;1hS~~ P N ~ ~~5 Applicant or jest Aiame ' D ~l]~ ~ ~a ~L(I~}151/Ut~/ Date -~ ZC , ~oc~ •7 Rev'~sed 03/95 Form DCM-MP-4 .t P I t ~' y. / t,,, ~~ 7 '. t •..~' ~~~.. '[ ~`h/~Y ~ J ~?DO/ Morehead City DCivl STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) ~ Commercial -Community ~ Private (2) Number 2 (3) Length 235 ~ /oy' (4) Width 8~ ~ 6' (5) Finger Piers ~ Yes No (i) Number '"1 ~' q (ii) Length '10 ~ ~ 30' f (iii) Width N•5 ~ s 3.5 (6) Platform(s) _~ Yes No (i) Number (ii) Length 58 (iii) Width /~ '/ (7) Number of slips proposed 2~ mew ~ l7n/Ehi (8) Proximity of structure to adjacent riparian 5 "~ t' o property lines 6o Ff (9) Width of water body _1~ oo - ~ 5 oV FT (]0) Water depth at waterward end of pier at MLW or NWL 3Fr µtN Boathouse (including covered lifts) ~~~ (~) Commercial Private (2) Length (3) Width Groin (e.g. wood, sheetpile, etc.) (1) Number ~ ~~ (2) Length(s) Breakwater (e.g. wood, sheetpile, etc.) N ~ A (l) Length i'~ (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Mooring buoys /~ /f~ (l) -Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond Mooring structure~atli~, mooring pilings,~,t~ (1) , C~ Commercial -Community ,y Private (2) Number _ ~¢ i~ N s (3) Length N v~.}~N-~iT~ (4) Width ~'TWE~N ~/t~l ~N GzE IZ PI C!t 5 ~Lher (Give co~lele description) b SE I-1 _E ~o nnR-5 Ap t or 'eci Name SFgm- 2~ FE-3 2~~'7 Date Revised 03195 Form DCM-MP-6 MARINA f . r ~ ~ '~# f ? . "~ ' e '~ M~;l' 2 ~ ~0(~7 Moreh~~d ~:i~y ~vri~i DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the joint Application that relate to this proposed project. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public ~ Residential b. Will the marina be open to the general public? Yes ,~_ No c. if there is residential development associated with the marina, how many units or lots are plaru~ed and how many are currently developed? d. Check all of the types of services to be provided. Full service, including travel lift and/or rail _~ Dockage, fuel, and marine supplies Dockage ("wet sIi s") only Number of slips ~2 ! ~$EXlsTIaJ Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Opea water with dredging for basin and/or channel Open xater, no dredging requirod ~_ Other (describe) OPErJ Wl~~2, MA~NrEnl/lN~.~ ~2r?DC~~nPG f, Describe, the typical boats to be served (for example, open runabout, charter boats, sail boats, mined types). 1~t-~- ~ yPES t~cised 03/95 g. Typical boat length ~O _~ _ ~~ h. Maximum boat length ~,~~ ~ i. Are any floating structures planned? 3 If so, desrn'be ask rIR.E ?rac..K S ST~NI i5 >`.coATin1G~ k/x}r--e, v~/.4-rC.D r,~ _~iPcNUWA~yS 2. MARINA OPERATIONS a. Check each of the following sanitary.facHities that will be included in the proposed project. Office toilets Toilets for patrons Number Location _ Showers Boat holding tank pumpout -Type and location _... b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fuh offal and trash disposal . wt ~ nl ~ C.! P,4 ~' i ~ p5 ~ ~LZECT! v r/ ~Y~I!_.s4Pa LE d. How will overboard discharge of sewage fivm boars be controlled'- nlu '1>Isc-tt~-2c,1` o F SEv~IAcaE At1.t~W~ e. Give the location and number of "No Sewagt Discharge' sigru proposed. _/ Pct DocK A'T ~ Arc V v~/ /k+~ Form DCM-MP-6 i 5 a . fifi ' ~ A y5 ~•~~ 4~ '~k4~ J,+~ ~rf -; ., CVi, ~'~ j ~ ;~ r U ~!) I I+~- y':''L~h f. Describe the special design, if applical~Q~11/~1~~~ ~~~~>~a proposed within a primary c containing industrial type pollutants, such as paint, secondary nursery area? Yes -~- No sandblasting waste and paroleum products. N R p. Is the marina proposed within an area open t'' T shellfish harvesting? Yes ~_ No g. Where will resid from vessel maintenance be disposed of ? ~1~~ ,~ nnA~~r•IT'EI~IAnlC.~ F~uLrTiir.s ?Qo~ostA h. Give the number of channel markers and "No Wake" sigrLS proposed. ,41.J2.b~Dy o~L~sEN~: /~u A-~71T70N/~L'J~RO,~~SL D i. Give the location of fuel-handling facilities, and describe the safety,mcasures planned to protect area water quality. - _ , _ - J1/ T- j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. _ ~~ E ~J t,Ji+~7'E rL 5 ~r3 J t cl ?3 ~ t /~ iZ F~-ov~1 . k. What will be the marina policy on overnight and . live-board dockage? ~ ~LLpwc~ 1. Is the proposed marina located near any shellfish leases? Yes _~ No If yes. give the name and address of the leaseholder. m. If this project is as ezpaasioa of an atisting marina, at types of services are currently provided? CS: oi~EJs_ ~e/a."iE,es. SA+J• SEWEQ- p~n?P 0 '_ taR7"E~, TELE~do~IC~ TY~I~, C9~tl~l4Gie ~-D~SQnSM-. n. How many slips are now available? ~~ ~ q. Give the location and number of "l?umpoL: Available" sigtu proposed. / ~E~ D~ cl~ ' ~nsz,~e~ E ~~r~ t or Proja2 Alame ~- tm~e v~'C-'.8 7u 8~ I~te Re.ised o3~ss ;~ ~ fat s l.e; <` ~P ~ v p r / r/ ~YI ~l~ `1 i~ C ~~ ~I i~ NARRATIVE PROJECT DESCRIPTION 11~or~e~lea~ Gi~~ ~,~~ This purpose of this project is to update and expand the existing marina structures. A CRC Major Development Permit (no. 106-06) was issued for upland development associated with the landward portion of the project site, to include construction of anew harbor master building. The existing dock structures are floating and provide 130 individual docking slips. Side-to docking along a wooden dock in the eastern waterfront of an existing boat basin provides 8 side-to docking spaces at a length of 25 feet each. SITE DESCRIPTION The marina project site is located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern and between the Alfred A. Cunningham and Norfolk Southern Railroad bridges. The project site. has approximately 1;830 feet of shoreline and 1,865 feet of existing bulkhead/retaining wall. The existing configuration includes approximately 1,050 feet of concrete capped, concrete sheet-pile bulkhead, 258 feet of tongue and groove wooden bulkhead and 557 feet of tongue and groove wooden retaining wall. (Where there is land on one side and water on the other of the wall, we refer to it as a bulkhead, and where there is land on both sides of the wall, we refer to it as a retaining wall.) PROPOSED CONSTRUCTION Repairs to the existing structures are required. Supporting structure failure, rot, rust and other problems must be addressed. In addition, floatation problems are reportedly present throughout the existing structures. Removal of the existing side-to wooden dock in the boat basin, replacement of the existing wooden bulkhead and retaining walls, construction of a new harbor master building and demolition of the existing marina office are already permitted as part of permit 106-06. The existing pump-out facilities will be relocated to the platform at the new harbor master building. Construction of a landward extension of the westernmost existing dock is proposed which will replace one of the existing and provide 6 new slips. Anew dock with 7 finger piers is proposed for construction that will provide 14 slips along the west side of the peninsula. The new docks will be a floating system similar to the existing construction. Additionally, a new platform and gangway is proposed along the waterfront in front of the proposed harbor master building. New piles will be installed at 25, 30 or 70 foot intervals along the bulkheaded waterfront between the westernmost riparian property line and the harbor master platform dock to delineate side-to docking spaces and protect the bulkhead structure. 'y~y45° ~~ ~'nf !SAY ~,l 5 11:,;; NARRATIVE (continued) PROPOSED MAINTENANCE DREDGING ~Ot'E;~'lE:c~'L~ ~il~~t CJL There are two areas of the waterfront where maintenance dredging is proposed. A triangular area near the southwest end of the peninsula, in a corner of the bulkhead, is indicated on the plans as dredging area 1. Proposed dredging will remove approximately 360 cubic yards of material and restore a bottom elevation of -4 feet. A second triangular area near the mouth of the boat basin is indicated on the plans as dredging area 2. Proposed dredging will remove approximately 240 cubic yards of material and restore a bottom elevation of -5 feet to match the existing depth of the basin. Dredging will be performed using a dredge or barge mounted excavating equipment. Material excavated from the marina will be disposed of at an offsite location of the contractor's choosing. No provisions for an onsite upland disposal area are proposed. RIPARIAN ADJOINERS NC Department of Transportation Mr. Aaron Everett, District Engineer 209 So. Glenburnie Rd. New Bern, NC 28560-2741 North Carolina Railroad Company Mr. Justin Madigan, Assistant Corridor Manager 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 Norfolk Southern Corporation Mr. J.H. Rader, RLS 175 Spring Street, S.W. Atlanta, Georgia 30303 ,~ t ~` 'a 4 I 4A '~ v a-+~~~. ATTACHMENTS ~~re~~~~ ~li"~ ~~.iiil COPY, AUTHORIZED AGENT ASSIGNMENT US ARMY CORPS OF ENGINEERS WETLAND DETERMINATION CRAVEN COUNTY DEED BOOK 2522, PAGE 401 COPIES, ADJOINER NOTICES W/DRAWINGS 8~ USPS CERTIFIED MAIL RECEIPT ZONING COMPLIANCE CERTIFICATE WATER AND SEWER PROVISION LETTER ". ~. ,. _ _ _,ti ,. . _,. ...,. '~ t.. ;:, ~ MORgNDUM: FROM: Mr. Jose h E. ~+~6t~tE;i~;clt~ ~1~~ ~>~~ P Thomas Member/Manager Bridge Pointe Development, LLC PO Box 14165 New Bern, NC 28561 TO: Robert M. Chiles, p,E. Engineers, Consultants, & Marine Surveyor P•O. Box 3496 New Bern, N. C. 28564-3496 RE: Assi gnment of right to act as authorized Agent for Bridge Pointe Deve LLC, "BridgePointe" project, Howell Road, New Be lopment, TO WHOM IT MAY CONCERN: ~ m, N.C. By mY signature below I, Joseph E Thomas ,authorize Robert M, the agent representing Bridge Pointe Development, LLC for submitting Erosion and Sediment Control, Sto Chiles, P.E, to act as rmwater Mana e enrtposes of completing and applications and supporting documentation to the No g Natural Resources rth Carolina Divisn n of E vipronment above. ~ and answering questions pertaining thereto with respect to the and project named This authorization is eff tive on the date signed Jo eph E. Thomas _ Z--S - Q COUNTY Date STATE i'P.o~~f"/ ~gc7zf ~,q,~, i-vq z, _ _ State do hereby certi ~~s ~~ fy that o N oMA Notary public for the aforesaid County and this ~_ Day of the foregoing instrum~ ~~~ , 200` and that he acknowl dge the e ec d before tion of Witness my hand and seal this Z S- Day of A~~~ -'~~~q C~~•'~pTq~, .N NOTARY PUBLI ~ My commission expires: r /o z n~•, AC/BL1G .•CV tr (Page 1 of 5) l~ork:floe: P;o. SJ9792 ~~~ ~ -~, ~ ~ ~. ~~- ~-~•, N~IN~II~~II~l1~I~IIIIU111~~II~UIIII~I~II~Il~11Ul1 R ~ mape ID: 000001045822 TvPe. CRP ~~:~ ~ a •,.%w^, •..~~ + ~~ ~~' ;+ . ecorded: 10/20/2006 at 04:19:38 Pf '~ x `~ ~~~~' xciset7ax26~0 OOage t of 5 Craven, NC !~Ji~;Y ~, JJ ,~v~t Sherri 8. Richa/^r~d Reggister of Deeds 8K2522 PG'To 1 ~~ Mor~h~~~ ~~~~ ~~~ i ~;'_ ~ ~, ~~ ~ i Parcel: n~ 0/0~ -~02 a~ -001-2000 Revenue Stan2P~ $O.qO. STATE OF NORM=~~ARO 'LT~IA-.~ ~ ~ COUNTY OF CRA N THIS DEED, made~and e between BRIDGE POINTE D)~;VEL-0Pr first part; and RIVERFRONT INVES~C address of 1315 South GJenburnie Road, DEED the 20th day of October, 2006 by and I.~L~~l?triled liability company, party of the RS,~L~ a limyt d li b~y company, having an Suit ~ =2, Ne ~B C,~8562, party of the second ~,- ~~"~ Pan WITNESSE~H: That the party of the first part in constdera~tt f the u of end o/] 00 Dollars ($10.00) and other good and valuable considerations to id p~-ty p td by ~he party of the second part, the receipt of which hereby is acknowledged, and as a dis i ution fq pal by the party of the first part to its members and a contribution of capital to the p the and art r~ by its members, has bargained and sold and by these presents does bargain, sel antl~onv/e}~untc~ the party of the second part, said party's successors and assigns, the following descr( i ~ property, [o wit: \\ r/ Prepared by Wnru7 nrm Shtrt-x, P.A., l OU 1 College Court, Post Office Box 867, New Bern, NC 28563-0867 Please return to Watt~.vm SNnTtt, P.A., 1001 College Court, Post Office Box 867, New Bern, NC 28563-0867 Attention: Clifford P. Parson No opinion on title is rendered by WntzD at~n Shn•rx, P.A., without a separate written opinion on title from Watts ntvn Sn1tT7i, P.A., (Page'2 of 5) t , ~~ ~ : ~~ ,: ~1N~I~l~II~I~IN~~~~I~III~Nl1 Image ~~ 000001045823 TVpS: CRP M~1~ +~ ,'i ?L07 ... page 2 0 _.. _. x,, t YY;. 2 P~4Q2 rx=. 2 ~` ' 6~~` F "mod ~.~ .__ _ ' ~~ ~_, i r1r_'ptij c .,~ e1E ~thhliJ~ u'. .. :'Wig l~t.~ Bein the~same real property described on Exhibit A, attached hereto and ine oratc~l herein by reference. pve~yance is made subject to easements of record or on the ground, ve cove is of record, and ad valorem taxes for the current year, axes [~e paly of the second part, by accepting this deed, agrees to This conv~yan e 1s ma ub~ct to those deeds of trust in favor of Bank of America reco ded rook 33 , Pag~68, and in Book 2437, Page 755 in the office of th Reg ster of~~ds(o~ CI'~ven County. TO HAVE AND TO D saicl,p~ ert nd` thereunto belonging to the party of the s on~ pa ,said And the party of the first part c venan tat a in fee and has the right to convey same in fee situp the except any encumbrances or restrictions mentioned abo~e~ defend the title to the same against the lawful claims of all per 1 privileges and appurtenances successors and assigns forever. i y is seized of said property ~rrte ° ree from encumbrances at s w -warrant and s ns ho c~v~~~ IN TESTIMONY WHEREOF, the party of the firs part instrument to be executed under seal and in such form as to be binding, above written. l" BRIDGE By: Louis D. Dworsky, Manager By: this 2 (Page 3 of 'S) xt'r 'T .r; s' :, ~~~, I~~3E~E~~"`l~+xi~ 4:i~~;~ ~~~ IIIIN~~III~IIIIIIII~I~II~IIII~~~Nllllll~ll~llN~lUlh~lllll! Image ID: 000001045824 Type: CRP Pape 3 of 5 BK2522 PG403 ~ ~;~~~ ~ ; ~.~~ ~ ~. I cer[i~y that t " fo.11ow1~ person(s) personally appeared before me this day, each acl:nowledgingto~me t a tte,or she voluntarily signed the foregoing document for the purpose stated therein~alld in~tlie~apac'ty indicated: Louis D orsky. Date ~~ r ~ ~~ ~~ ~~ \ ~' ' \e of Notary Publi /J n ~ Notary seal or stamp must appear within this box. ,Notary Public I ?~ ~ 3 (Page 4 of ~5) rY ,~ r' ~~ ~' ~ i I I~~ ~I! 18I~ l~ Ili ICI I~ l8h ll~ 1811 I>III I1BI 8lN ~a ~U Image ID: 00000104pe2g ofp5• CRP ~K2522 P~404 I cerii that the foYlow~ag person(s) personally appeared before me this day, each acknowle g ng tome thd/rl~re.~or she voluntarily signed the foregoing document for the purpose stated therein~and in the apaclty indicated: Joseph E. Thomas. .~ n Date O 2~ ~~~~~ Ir ~~ ~._ ~ ~ Sig ure of Notary Public \P• Pa vso~• ,Notary Public or ed ame imis i n-~x3ire~s: 1 b l -t J Lc.~-~ (Official.Seal) , :','~ D/yfis ~ r 1. ~~:; .:~ ;;` `gyp -*: t1~., trr`:~,,,:~ ;'F' :oi''C .':Q'~~~M~iv; !?' !~! .1111 ~ stamp must appear within this box. NBMAIN\696272\1 4 (Page 5 of '5) ~C I ~ _ ~ ~ i ~ ~y ~ ~ ,.~ MaY 4s° '~ f j Imape ID: 000001045826 Type: CRP Pape 5 of 5 ~2522PG405 5 ROBERT NI. CHILES ~ ,, i _NGINE:RS, CONSULTS ~ MARINE SURVEYOR: rU - .. 417-A BROAD ST. ~ P.O. BOX 3496 rU NEW BERN, NORTH CAROLINA 28564-3496 ~ Postage February 20, 20C ~- ~ Certified Fee Certified Mail Receipt No. 7005 1 160 0004 2 7224, 4~ q-(Endo sernemReG~i ed> .. ~. '~.,,/~.GS ~~ '~° '^'~°" .Restricted gelivery Fee u,.~" ~ (Endotsem,~t Required) Mr. Charles E. Burnell, Jr. ;tl!E`t`t `,~~ ~'t ~''~$!~~~ rotafPostage&Fees Vice President -Real Estate North Carolina Railroad Company ~UT~I~~~~ 2809 Highwoods Blvd., Suite 100 ~Y~ Raleigh, NC 27604-1000 a i "7 tsw _ a ~'. Postmark ~ -_ ~ ~ ~~~ p Sent To or Fo~ox No. 2 l ~7+' 4t cacl f 6~'~ 5,,,, C~ _(~ b Crty, State, ZlP+4- °°°-°~_`-°°--°--------°----°°-°-----°°---° ~c- 2,7 (~ --- :~~ ~~ Re: CAMA Major Permit Application Notification Enclosure: (1) Copy of Division of Coastal Management Forms MPI, MP2, MP3 and MP4, with drawings CAMA Permit Application for Bridge Pointe Development, LLC, depicting existing and proposed conditiohs, prepared by Robert M. Chiles, P.E. Dear Mr. Burnell: On behalf of our client, Bridge Pointe Development, LLC, we are providing enclosure (1) for your review and comment. Craven County records indicate that North Cdrolina Railroad Company owns property on the Trent River that is adjacent to our client's property where it reaches the river. That makes North Carolina Railroad Company ari adjacent_riparian property owner. In compliance with the Division of Coastal Management (DCM) application process, we are required to notify adjacent riparian property owners of the proposed project and inform them that they have 30 days from receipt of their notification to provide comments`. The proposed project involves the renovatiorT and repair of the existing marina structures, construction of new docks for 20 vessels, and the addition of side-to docking along portions of the bulkheaded waterfront. If you have any comments, please direct them to Mr. Jonathan Howell at the North Carolina Division of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM), 400 Commerce Ave, Morehead City, NC 28557. Indicdte clearly that your comments regard this project. Should you have any questions, contact either DCM at (252) 808-2808 or our office at 637-4702. Very truly yours, O ERT M. ~+`LES, P.E._ Michael L. Rice, P.E. M=C ^i4N!C A:. C!~91. ANA MK"?l~ _NGI:'J=_~!'~'~ FOR_NS!C =Nv6N~ER!NG -Np F4L' C~21 4!Ja~_~•StS nn4a!n~ -1YpROGPA?NIC h~~D ,hNC SU2v:YS COnatitERCIAI. IND:;SRI4L ~~aRINE hN~ R4ILRCA~ -ACILIT!eS C~S!GN 30'JN~.R= SL~?~,:~YS :.NC rs,4?'~N ; SER~'CE ~.~ ~ ~, { ~,:. Mor~h~~~ ~~~~ ~~iVi N ; nt ~ ~ l - ~~ ~ ~ ~ ~~ d ~ ~ ~ z,..c: j a ~ a ~ 3Q.., ; ~ ~ ~ a ~ ~ N ~ .~ ~~ N ~ ,~ o ~T~~ ::~ ~~, `. ~ '~ ROBERT M. CHILI ~ ~NCINESRS, coNSUI ~ ,~ ~ MARINESURVEYC rl.l 417-A BROAD ST. ~ P.O. BOX 3496 ~ NEW BERN, NORTH CAROLINA 28564-3496 ~ February 20. 21 ~ Certified Fee a ~ Return Receipt Fee Certified Mail Receipt No. 7005 1 160 0004 9282 7194 ~ (Endorsement Required) NC Department of Transportation Mr. Aaron Everett, District Engineer 209 So. Glenburnie Rd. New Bern, NC 28560-2741 Re: CAMA Permit Application Notification ~ Restricted Delivery Fee ...~ (Endorsement Required) rl 0 0 Enclosure: (1) Copy of Division of Coastal Management Forms MP1, MP4, and MP6, with drawings DeGraffen Riverfront Community and Yacht Club at Bridge Pointe for Bridge Pointe Development, LLC, Proposed Marina Expansion depicting existing and proposed conditions, prepared by Robert M. Chiles, P.E. Dear Mr. Everett: On behalf of our client, Bridge Pointe Development, LLC, we are providing enclosure (1) for your review and comment. Craven County records indicate that NCDOT owns property on the Trent River that is adjacent to our client's property where it reaches the river. That makes NCDOT an adjacent riparian property owner. . In compliance with the Division of Coastal Management (DCM) application process, we are required to notify adjacent riparian property owners ofi the proposed project and inform them that they have 30 days from receipt of their notification to provide comments. The proposed project involves the renovation and repair' of the existing marina structures, construction of new docks for 20 vessels, and the addition of'side-to docking along portions of the bulkheaded waterfront. If you have any comments, please direct them, to Mr. Jonathan Howell at the North Carolina Division of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM), 400 Commerce Ave, Morehead City, NC 28557. Indicate clearly that your comments regard this project. Should you have any questions, contact either DCM at (252) 808-2808 or our office at 637-4702. Very truly yours, OBERT M. RILES, P.E. ~, ~~ '~ r~lichael L. Rice, P.E. M.CH.iNIGAL :'~'!L. A!`1D MA=!N: EN;iINEE3!NG ~.OMMERGiAL. UvCUSTR!AL MARINE, 4NC RAILRO AC FACILITIES CE$IGN ` kBJSb~ oNG!N__21N : =.NC fAILL'Rc F.NA'_~'$!S M.A F,'NE NYCROG~',ArRIC ANC LANC S',J R'/EV$ BCJND?Rl Sli4~.:'$.ANC ti~.A?'ING SERVICE w ~ ~a~, ,o ~''{.t p~A ~~ ~~aY `l 5 %OOl N~r~r~h~a~ ~i~y ~~I1/1 U> N _ . ~ W ~ ,.,, m ; m z c ~ l-~ ~ m D ~ ~~ m ~ ~ ~.: 1 ~ ~~ °. OOO; A' , ~• N= o. , _ 6. ~.. ~/"\ n 1J m C' 3 lJ'1 ~., W.. 'O . ~ 0 0 0 ~, a~ ru o ~ N ~. . N 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 p p ~ , ROBERT M. CHILES, ; n.f ~ • - , ENGINEERS, CONSULTAN ~ ~ flJ MARINE SURVEYORS ~ ~ ~ .,~~ • _ ;_ rLJ P Q' Postage $ February 20, 2007 p Certified Fee p p Return Receipt Fee Certified Mail Receipt No. 7005 1 1 60 0004 9282 7200 L~ (Endorsement Required), kr~ 'R'°'"4 ~,"", Y""'T g ~4'^ a.~.flest Delivery Fee ~ - , -A (Endorses t Required) i' ~~. Mr. Harold V. Thompson , v' ... ~ ~~ ~ ~°,~l P~ga & Fees $ Norfolk Southern Corporation ~ ,. enrro _ Design 8~ Construction Engineering Department h'~~Y' `7 ;~ 1~; _ ~ Street, Apt. No.; -~""-"-'-"~-°, 1200 Peachtree Street, NE or POeoxNo. (200 -~~, - ------- ------- Atlanta, Georgia 30309-3579 +4 -'----- M®r~t~~ac~ fit `~~`11~ ~Pti...~ /iJ Here ~~ I•; T., 1 ~a =.: rte; G ~ ~~ ~'OS -------- GQ ~°3~9 Re: CAMA Major Permit Application Notification Enclosure: (1) Copy of Division of Coastal Management Forms MP 1, MP2, MP3 and MP4, with drawings CAMA Permit Application for Bridge Pointe Development, LLC, depicting existing and proposed conditions, prepared by Robert M. Chiles, P.E. Dear Mr. Thompson: On behalf of our client., Bridge Pointe Development, LLC, we are providing enclosure (1) for your review and comment. Craven County records indicate that NS Corporation owns property on the Trent River that is adjacent to our client's property where it reaches the river. That makes NS Corporation an adjacent riparian property owner. In compliance with the Division of Coastal Management (DCM) applicafion process, we are required to notify adjacent riparian property owners of the proposed project and inform them that they have 30 days from receipt of their notification to provide comments. The proposed project involves the renovation and repair of the existing marina structures, construction of new docks for 20 vessels, and the addition of side-to docking along portions of the bulkheaded waterfront. If you have any comments, please direct them to Mr. Jonathan Howell at the North Carolina Division of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM), 400 Commerce Ave, Morehead City, NC 28557. Indicate clearly that your comments regard this project. Should you have any questions, contact either DCM at (252) 808-2808 or our office at 637-4702. Very truly yours, BERT M. CHILES, P.E. , ,~/, l~ia Michael L. Rice, P.E. n4~CHANK4L. GvIL. AN'D /dA31N= °NvIN_c?INv ~JK~~\'SI;; ENvIN==>IN~ 4!v,~, =4i'_JRC F.\ 4L :'Si$ fJ~A.41N=,-ivp,~~~GRA?h'IC AND LAND jL'RVCYS ~Oatn~,eRCiaL INDUSiv!A_. I~nARC~e. AND aal:?_^,AD =~CIIRLS J_SIGu 4^I;N'l:P"C;'~c~;cv: cei^. n,n_~,,~r-r_~.,,. r ~ /" {, '.. r ..al Cad' ~, ~ ~ y~ Z N N ~.: j.,~. 3 .~m., 0 N m' N . N r1~10~ ~~ '~ AA3P1 ,ooz- .I alv~s SlNr11f1SNOC) aN11 S>lI3~Ip~p 11 `' \' OIZSOOZ ON BO!' .~•O "S~11H~ ~W -1O~80a Loot 'o-~p~:a:e - :31ra JN 'N2138 M3N Al NnOJ N3/1V21J L 'ON dIHSNM01 ill "1N3WdOl3n34 31NIOd 3041219 aoi (SNOI114N0~ ONIISIX3) NOISNb'dX3 b'N121t1W a3SOd021d ~1NIOd ~Oal~91b' 8fll~ 1H~b',~ aNd ~llINf1WW0~ 1N0~1~21~ ~~~d ~Q n a _ - ^^ nn ~T 7~66Z •~ i ~ . 'a r jk~~s$~~0 ~ Q /llll~~ I ~ ,.,~`~.~ ~ , z ;r c.s -z ~ ~..~.~-dr L~ "~ ~:~~ , ~' : ~ ~ . ,~ s ;;_, i -x 0 8 0 0 0 a b x __ tr:<•~~ ~ t:,... n - ~ .: j r ~ I ~''' t, (' 1, ,r~ ~.` , .~. ~... 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A~.;_., Erv CITY OF NEW BERN ,':' ~°~?'CFf CONDITIONAL USE PERMIT GRANTED ~. On the date(s) listed below, the Board of Alderman for the City of New Bern met and held a public hearing to consider the following application: Owner/Applicant: Bridge Pointe Development, LLC (application dated February 22, 2006; as amended March 28, 2006) Property Location: 1004 Howell Road, New Bern, N.C. ("Bridge Pointe HoteUMarina Site") Proposed use of property: Multi-family residential use Meeting date: March 28, 2006 Having heard all the evidence and argument presented at the hearing, the Board finds that the Applicant has offered competent, material, and substantial evidence to satisfy the i six (6) elements established in Code Section 15-56(d) for the issuance of a conditional use permit as follows: (1) The requested pemtit is within the Board's jurisdiction according I to Section 15-146 of the Code of the City of New Bern and all relevant sections of the Code of the City of New Bern. (2) The Applicant's application for a conditional use permit is complete. (3) If completed as proposed in the application, the development will comply with all of the requirements of the City's Land Use Ordinance, Appendix A of the City Code. (4) The use of the Subject Property will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. (5) The use of the Subject Property will not substantially reduce the value of adjoining or abutting property. (6) The location and character of the use of the Subject Property, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the City in 4( 1. ~~y .....r: S~..i ~S ~ ~ ~ S f ~,,1Y G c3 !_~J!i! N6c~r~~~~~d ~"~~ ~~ that the proposed use of the Subject Property is permitted by tl~e City's Table of Permissible Uses. This Conditional Use Permit is subject to all applicable provisions of the Land Use Ordinance, as well as the following condition: The Applicant shall dedicate and construct a public, pedestrian walkway along the Trent River waterfront from the North Carolina Department of Transportation right-of-way at the Trent River Bridge to the northwestern boundary of the subject property near the North Carolina Rai] Road right-of-way, generally as is depicted on the drawing attached hereto as Exhibit A, which walkway shall be constructed of brick, concrete, wood, or such other material and at such location as shall be approved by state and federal environmental regulations and requirements. The pedestrian walkway easement shall be conveyed by the Applicant to the City by Easement and Agreement substantially in the form of Exhibit B attached hereto, such easement to become effective and be delivered to the City upon (a) the completion and opening to public use of the presently planned new Trent River Bridge containing a pedestrian walkway thereon of not less than six (6) feet in width crossing the Trent River and with a protective barrier from the vehicular lanes of travel over said bridge and (b) completion of Building 3 as described on the application for this permit, such completion to be evidenced by the request for a Certificate of Occupancy from the City by the owner of such building. IN WITNESS WHEREOF, the City of New Bern has caused this permit to be issued in its name and the applicant and all of the property owners of the property above described, do hereby accept this Conditional Use Permit, together with all its conditions, as binding on them and their successors in interest. Ordered as of the 28th day of March, 2006. YOR CITY ERK 050922-0(1001-00 I 2 NBMAIM67987412 ~. sn`rn4r .j~'sant. ..i ~"¢ 7!"'' +R'°0~~rnn+-n '~'. Y ~,,,y ' -,~ ~q~~ f , • `~~ ~: I~~~ .Y 2 i ~%~i;' EXh>.~C91"~fit~~C~ ~.sit~ ~~~s ~~, ~ ` '-~ ~ bEGMFNT A-B: Width of 8'-0" with a '~,\` `~ ' '~ -' ntinimumof five benches placed outside ~~ ~- of the 8' width. Surface materials eo be ~~ concrete brick, wood, synthetic planking ` ` ~s~ or a combination thereof. ' e ; ~ / \, '~~ ~ A S~~i.MF,NT B-C: width of lo'-0". ~ ~ , J i~~ `- ~ ' ~. 5urface materials to be concrete, brick, bi , ~ / . ~ T'~ ~ ~ or a wm nation thereof. ~ ' J SEGMENTC-D: Width of 8'-0'. / a j ~ ~ . / a ~ a Sud'ace materials to be concrete, brick or mbi io . ~ a a co nat n lhenbf. ~ ~ ~ ~ / a a , p ' ,~EGMENT_ _ Dom: Width of 8'-0". • i r i N ~ r ' Stuface materials to be concrete, brick, • a .~ or a combinaiion thereof. SEGMENT E-F: Width.to vary Crum a minimum of 7'-0". Surface materials w be concrete, brick or a combination 0 thereof. a i o, ~i aN~/ ~p ~ q / ; ~ 7 ~ ~ ~ ( SEG,_ MF.NrF~; Width of ]0'-0" with tr ll ' ~ n . ~ ~ ~ ` ue we s w occur at approximately 40 ' ..~ ~~ ~ a ~ a 'a °' ~^~ intervals inside the 1Q walkway. Surface / / ~ d a `~ materials to.be concrete, brick, or a / /i combination thereof. TRSNr ~` rxonasrsn ~'~ eilB~lrvG3 SEGMENTG-H. Width to vary from a minimum of 7'-0". Surface materials to C be concrete, brick, or a combination ® xattecu araszsa :! [tieteaf. E s vtmnac Zloces: (1) Drawing not to scale. . • ~ (2) Width in excess of 6'-0" of Segments A-B and B~ are _~~ T ~` -- _ - __-_-- subject to approval by NCDENR "'- -- - and LAMA. Owner to make application for increased widths ' ~ norlaterthan June 30, 2007. ' (3) All grade levels, locations of F ' G - ~ t benches. trees, landscaping and walkway arrfaces to be' t determined by Owner. ^~ eo~ .a o eo. taa BRIDGE POINTS CONDOMINIUMS Walkway Easement New Beth, North Carolina TMv p~„ ,. ra, um..„aMr r~.r»*. o~ty..ea u .~etaa b e,.~. ~ ~ S ~ 6 n.cc: or. ro.os WARD ANn DAVIS, LLP ALPRBD D. WARD ALFRED D. WARD, J R. `.. ---~ c ?, .+~v ~""~~' ~ti~ 109 PO JOHN AJ. WARD ` ,q ''~ u-OCIC S7REET MICHAEL w ~ r ..i 'd,~ $ y ? ' PO DRAWER 1~2! SCOTT DAVIS "a`1 ;v P , NRW BERN, NC 2ESt,' I. CLAA[ WRIGHT,)R. . ,rte +~`,.~ '~w`751.611110t PAX 2S2.6y}Kpp May 1S,~F2006 ~jaat ~ `~ 'l,(3~ da~~saQwudanddavis.corn HAND DELIVERED [(11'fv~~t~~ ~i6~~ ~~sr' Robert M. Chiles, P.E. 417 Broad Street New Bern, N. C. ?8560 Re: Bridge Pointe Development, LLC 1004 1 Lowell Road, New f3ern,'N.C. ("Bridge Pointe Hotel/Marina Site" Dear Bob: ~ This letter is to advise that tl~e City of New Bern is prepared to provide water the above-referenced properey for the developmcllt of a 300-unit condominium~d sewer service to The City's obligation to pro\ ide water and sewer service to the above-refere and manna project. evidenced by a written agreement bet \veen the p~u'ties. need ro ert is p P Y ~ further Tf you have any further questions, ple~>se do not hesitate to contact me. Kindest regards. Yours ver truly,/ /; ""~ ~.~'_ MICHAEL SCOTT DAVIS MSD/sd Pe: Walter B'. Hartman, Jr., City Manager ' David Muse, P.E.. City Engineer ~` DEGRAFFEN YACHT CLUB .-. PROPOSED MARINA EXPANSION (See Sheet Names Below) `~ i~rl~'Y' ~ ~ 'C,~j FOR RIVERFRONT INVESTORS, LLC prepared by ~ll~rehead City ~ ~.~ .. ROBERT M. CHILES, P.E. MARINA 1.00: Existing Conditions MARINA 1.10 : Proposed Conditions MARINA 1.20 : Proposed Maintenance Dredging DRAWINGS