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HomeMy WebLinkAbout20150516 Ver 1_CAMA Application_20150526A F FTWA 2 0 1 5 0 5 1 6 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Karen Higgins Division of Water Resources Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5 -slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808 -2808. Ext. 214. When appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252 - 808 -28081 FAX 252 - 247 -33301 Internet: www,nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer �9 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Charles Zwerling 2. LOCATION OF PROJECT SITE: Site is at 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path, Carteret County. Photo Index - 2006: 38 -8076 grids P -16; 2000: 38 -485 grids P -16 State Plane Coordinates - X: 803228.176 Y: 106324.922 Longitude: 76 °53'11.62 "W Latitude: 34 °41'23.62 "N 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/16/15 Was Applicant or Agent Present — No Photos Taken — No 5. PROCESSING PROCEDURE: Application Originally Submitted — 3/20/15 Office — MHC Application Received Complete — 511115 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Rural with Services (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — none Planned - none (F) Type of Structures: Existing — local museum and bulkhead Planned - 5 -slip docking facility (G) . Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESC:RTPTT0N- nRPnrPn PTT T PT) n-rTIEn (A) Open Water 20' ft incorp 627 J shaded lr') i otai Area lnstumea: l,zuj tt- (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: No (H) Cultural Resources: None 8. PROJECT SUMMARY: The applicant wishes to construct a 5 -slip docking facility for commercial use. a Field Investigation Report: Page 2 of 3 9. Narrative Description: The property is a 0.114 -acre parcel at 150 Headen Lane in Salter Path, Carteret County. The Carteret County Land Use Plan has classified this area as Rural with Services, with CAMA AEC's classified as Conservation. This site is developed with an existing bulkhead and a building currently being used as a local museum. The applicant wishes to construct a 5 -slip docking facility for commercial use. There is a total of 2,881' of shoreline on this property, along Bogue Sound. Bogue Sound is approximately 2.5 miles across at this location. The nearby designated Federal Channel is approximately 2.0 miles north of this location. There are no Section 404 or coastal wetlands on the property. The average upland elevation on the property is 5' normal high water level (nhw). These waters of Bogue Sound are classified as SA, High Quality Waters. None of the project area is within PNA; it does not have submerged aquatic vegetation, and is closed to the harvest of shellfish. Bottom elevations within the project area range from -1 to —4 feet normal low water level (nlw). The bottom substrate is coarse sand and does not lend itself easily to suspension. These waters have an approximate +/ -2' lunar tidal amplitude. 10. Proposed Development: The applicant is requesting to construct a 5 -slip docking facility for commercial use. The adjacent riparian property to the west is a commercial marina (ref. Major Permit #163 -07). The adjacent riparian property to the east is a waterfront restaurant. The applicant is proposing to construct a pier that is 6' wide and 63.5' long, approximately 5' from the eastern adjacent riparian property line. There are three finger piers proposed to support the five boat slips. Each finger pier will be 3' wide and 27.3' long. The first boat slip would be a side -to slip and the remaining four would be defined by 12' wide and 12' long boat lifts. Water depths within the boat slips range from -2.5' to -4.0' nlw. 11. Anticipated Impacts: According to the specific conditions of the adjacent riparian property's CAMA Major Permit #163 -07, this proposal could possibly have a significant impact on a shellfish resource in the project area. The proposed formalized boat slips, coupled with the existing adjacent marina, could have an impact on the adjacent open shellfish waters. The proposed 5 -slip docking facility would not pose a hazard to navigation as it would be 20' from the edge of the navigable slough. As proposed, the docks and finger piers will shade approximately 627 fe of open water /shallow bottom habitat, which incorporates 1,203 fe Brad Connell May 20, 2015 Morehead City Field Investigation Report: Page 3 of 3 along 47' of shoreline. The proposal encroaches into both of the adjacent riparian property setbacks. No SAV were observed in the area. These waters of Bogue Sound are not listed as Primary Nursery Area (PNA) and are classified as SA, High Quality Waters. These waters are within the White Oak River basin and are closed to the harvest of shellfish. Brad Connell May 20, 2015 Morehead City 'Psi! i41,c`r` r. Go rm-YM1 TO: Dr. Charles Zwerling NCDENR L�- w.ry.^,:U M. V: rs:'k�( �i� :i; Narrative Summary of the Homer's Point Marina ]Permit #163 -07 and the Zwerling Adjacent Property 150 Headen bane, Salter Path, NC In 2006 the Salter Path Development Group, LLC ( "Development Group ") wanted to expand and enlarge an existing marina known as Homers Point Marina ( "the Marina ") owned and operated by Marie Smith, Mike and Frieda Fiorini. Dr. Charles and Melissa Zwerling ( "The Zwerlings') owned a parcel of land adjacent to the property which the Development Group intended to utilize to expand this Marina at 150 Headen Lane, Salter Path, NC.. The Development Group believed it needed the Zwerling's property to complete its marina expansion. The Zwerling's property bordered the waterway known as the Bogue Sound giving it certain riparian rights as hereafter described. The Zwerling' s property was that certain lot known as Lot Number Seven (7), Section Four (4), as shown on the maps of "The Village of Salter Path", which are filed with and incorporated in that certain Judgment of the Superior Court of Carteret County, said Judgment being recorded in the Judgment Book 9, Page 45 and having been entered in that certain proceeding captioned "Carteret County vs. Janice Lewis Austin, et al.," Civil Action No. 75 CvS 236, said maps also being recorded in Map Book 16, Pages 45 -50, Carteret County Registry. When the Zwerlings learned of the proposed Marina expansion, they filed objections with CAMA on July 5, 2006, to the proposed Marina expansion, specifically to the building of boat slips Numbers 34, 35, 36, 37, 44, and 45, because the slips would block the Zwerling's direct riparian view of Bogue Sound as well as infringe on the Zwerling's ability to dock and maneuver their boats. Still later, on January 2, 2007, the Zwerlings objected to the Marina expansion and specifically objected to the building of only slips Numbers 21 through 36 and 43 through 48, because these slips would block the Plaintiffs' direct riparian view of Bogue Sound as well as infringe upon their riparian corridor and their ability to dock and maneuver their boats. Moreover, the extension of the Marina into the Zwerling's riparian corridor would create dangerous congestion of marine vessels. On November 28, 2007, CAMA reissues Permit 4163 -07 for Major Development for Homer's Point Marina to Mr. Michael Fiorini. The Zwerlings made a third objection by means of letter dated December 17, 2007. The grounds for this objection also were loss of riparian rights and loss of riparian corridor. Permit #163 -07 for Major Development was revoked by CAMA on December 17, 2007 in a letter to Mr. Fiorini which states that the permit granted on November 28, 2007 was based upon a Land Sales Contract by Mr. Michael Fiorini, wife Frieda Fiorini, and Marie Smith with Dr. and Mrs. Zwerling on March 21, 2007. Since there was a breach in the contract with the Zwerlings "the Sellers shall retain all riparian rights that they had prior to the signing of the contract" and since the permit was based upon riparian issues with said property, CAMA decided to revoke the permit in a letter to Mr. Fiorini on December 17, 2013 unless he produced legal documentation of a land purchase by December 21,r2,007rD MY 01 2?15 Mr. Fiorini submitted an amended permit on December 20, 2007 with a letter stating "I would like to modify my permit to delete all docks which would be within Dr. Zwerling's area of riparian access. This modification also deletes all structures within the 15' setback which is required between areas of riparian access" Mr. Fiorini also submitted a revised survey map demonstrating Dr. Zwerling's riparian corridor thereby reducing the number of slips from 72 to 65.- . In January 2008, Mike Fiorini and the Salter Path Development Group approached Dr. and Mrs. Zwerling and made inquiry about whether the Zwerlings would sell their real property to the Development Group. At all relevant.times Fiorini represented to the Zwerlings and to CAMA that Mike Fiorini was the owner of ten (110) boat slips, slips Number 63 -72. Verbally and in writing, the Fiorinis represented to the Zwerlings that they were the owners of the ten (10) boat slips (Numbers 63 -72). As a result of their negotiations, the Zwerling's as Seller and the Development Center as . Buyer entered into an Agreement dated January 7, 2008, wherein the Seller (the Zwerlings) agreed to sell their parcel and the Buyer (Development Group) agreed to buy it for the sum of $500,000.00. The Development Group agreed to pay and did pay $50,000.00 down payment and agreed to execute a Promissory Note to the Plaintiffs for the sum of $450,000.00 payable at 8 percent (8 %) annual interest with 120 equal monthly payments of $5,459.74. The Promissory Note was to be secured by a Deed of Trust on the parcel and by a Security Agreement executed by the Fiorinis giving the ten (10) bloat slips referred to above (numbers 63 -72) as additional security. The Agreement fiuther provided that "Seller [the Zwerling's] agrees to release one boat slip for each $50,000.00 in principal payments received on the Note. In the event of Buyer's [Development Group] subsequent default upon a promissory note and deed of trust given hereunder, Seller's [the Zwerling's] remedies will be limited to foreclosure of the collateral and return of real property described herein. " Also, prior to closing, the Seller (the Zwerlings) agreed to deliver to the Buyer a letter addressed to CAMA withdrawing the Seller's (the Zwerlings) objection to the expansion of the Marina filed by the Zwerlings on December 17, 2007. The Zwerlings, as Seller, did withdraw their objections by means of a letter to CAMA and CAMA approved the expansion of the Marina Permit #163 -07. As part of the Agreement, the Defendants signed the Agreement under Seal as "GUARANTOR OF COLLATERAL. " Pursuant to the terms of the Agreement, by means of a deed dated January 18, 2008,. and recorded in the'Office of the Registrar of Deeds of Carteret County, North Carolina, in Book 1255, Page 124, the Zwerlings sold to the Development Group their parcel of land described above. Pursuant to the Agreement, the Zwerlings financed the acquisition of the real property and to evidence the financing, the Development Group executed a Purchase Money Promissory Note. The Promissory note was secured by means of a Purchase Money Deed of Trust dated January 17, 2008, executed by Development Group to Joyce Keller, Trustee, with the Zwerlings as named Beneficiaries wherein the Zwerling's property described above was given security. RECEIVED MAY 01 2015 burr lyil "lyll:i hl kalif P116c S a� y In conformance with the Zwerling's requirements and pursuant to the Agreement, the Fiorinis executed a Security Agreement dated January 17, 2008, wherein the Fiorini purported to give the Plaintiffs a security interest in ten (10) boat slips, bearing Numbers 63, 64, 65, 66, 67, 68, 69, 70, 71, and 72, as shown on a CAMA Permit 163 -07 issued to, Mike Fiorini, on November 28, 2007, as additional security for the Promissory Note. The Fiorinis also purported to convey to the Zwerling' s an easement to and from the above- described boat slips. In the Security Agreement, signed under Seal, the Fiorinis warranted to the Zwerlings that the Fiorinis were the owners of the boat slips (Numbers 63 -72) free from any adverse lien, security interest, or other encumbrance, and that the Fiorinis would defend the property against the claims and demands of all persons whatsoever. In about January of 2012, the Development Group defaulted on the Promissory note. The Zwerling's substituted John M. Harris as Trustee under the above Deed of Trust. John M. Harris, as Successor Trustee, initiated a foreclosure proceeding in the Office of the Clerk of Superior Court of Carteret County, North Carolina, and, after advertisement as allowed. by law, sold the real estate described in the Deed of Trust to the Plaintiffs for the sum of $180,000.00. The Trustee Deed concluded with transfer from Salter Path Development Group, LLC to Charles and Melissa Zwerling of said property located at 150 Headen Lane, Salter Path, NC with "interest in all easements, riparian rights and rights of way appurtenant to or used in connection with the land... " The Zwerling' s began the process of exercising their rights under the Security Agreement when they became aware that the Fiorinis did not and do not own the 10 boat slips (Number 63 -72) in question, which were purportedly given to the Zwerling's as a security on the Promissory Note referred above. Each boat slip (Numbers 63 -72) had been agreed to have a value of $50,000.00 each. The Zwerling's have now learned that the Development Group likewise does not and did not own the 10 boat slips (numbers 63 -72); rather, they are owned by Marie Smith, the mother of Frieda Fiorini. The Fiorinis breached their warranty of ownership because they did not own the 10 boat slips (Numbers 63 -72). In addition the Zwerlings have been further damaged in loss of their riparian rights to have dockage and mooring for their boats and their riparian corridor which is now infringed upon by sixteen (16) boat slips and lifts by the Marina. Apparently in 2008, according to Permit #163 -07 the Salter Path Development Group, LLC "transferred" the then two (2) existing boat slips of the Zwerling's property to the overall marina project. These two (2) boat slips have not been transferred back to Dr. and Mrs. Zwerling, as pursuant to the foreclosure deed and title as directed by the NC Court in June 2012. Thus, the result of this loss of riparian rights has caused the Zwerlings to have " no formalized mooring or dockage of any vessels, even on a temporary basis, is authorized on the adjacent pier formally {sic) owned by Dr. Zwerling" RECEIVED MAY 01 2015 W'u+,-WnW r-44y, PA66 y olF y The end result is that the Zwerlings have lost their rights under the Security Agreement and their riparian rights for boat dockage and their riparian corridor which is now obstructed by the sixteen (16) boat slips of the Marina. In February 2015, the Zwerlings, the Fiorinis and Salter Path Development Group entered into a court ordered mediation settlement in which the Salter Path Development Group and Fiorinis promised to " shall in fact will provide any assistance reasonably necessary for the Plantiffs (Zwerlings) to secure a CAMA permit for Plantiffs (Zwerlings) to be able to construct a facility on their property for the keeping of at least (4) boat lifts and one wet slip on the Plantiffs (Zwerlings) property located in Salter Path, NC" The Zwerlings have noted that according to Mr. Roy Brownlow's letter of March 2015, if Homer's Point Marina (the Fiorinis and Salter Path Development Group) will close off and remove five (5) of its slips, then the Zwerlings proposed 5 -slip Docking Facility will not result in the closure of surrounding open shellfish waters and will be allowed by CAMA. Presently, the property at 150 Headen Lane owned by the Zwerlings, is being used by the Salter Path Museum, a subsidiary of the Heritage Dance Foundation. The museum needs to have docking facilities in order for dockage by boating visitors to the museum and the development of boat tours and educational programs related to history and preservation of Salter Path. Thus, Dr. Zwerling has submitted his proposal for the five (5) boat slips to CAMA. RECEIVED MAY 01 2015 �F:�IyJ'AVIfa.! f.p7 +�y� gem SIP -1 APPLICATION for Major- Development (last revised 12/27106) North Carolina DIVISION OF COASTAL- MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name �� LE s MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2709 -M (aJ O g i ilu . P L PO Box ty olds bona State N ZIP Country Phone•No, ext. FAX No. - Street Address (if different from above) City State ZIP Email ZVVe -'r L 10 A ba.1 1'r 0 0 M. o V -- v 2. Agent/Contractor Information Business Name Agent/ Contractor 1: Firs' "' Ml* Last NameL1— . Agent/ Co actor 2: First Name MI Last Name Mailing Address PO Box J/ City s Gv1 L qY � State N C ZIP cc 2q J� Phone Nob. 1 q --) 252 Da U /��� -xt. Phone No. 2 - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> l Form UC;M MP -1 (Page Z of 4) A?'}'L1LAIJUN ror Major Development Permit 3. Project Location - Couri - can be mul 06 a r te,r - 5tre ®t Address " __ .- _ _ __,___ _ ..__.._._ —_ !6U 4e, 4e n 1r�rn e� State Rd ": Subdivision Name City • State Zip Phone NoQ�[j� - Lot No.(s) (if many, attach additional page with list) ZSZ- D� D -7 DSext. Lq- 7 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project $ ui ld i n 11n4 g. Identify and describe t e existing land uses adiacent to the proposed project site. c. Is the water body identified in (b) above, natural or manmade? d. Name thdclosest major water body to the proposed project site. 'Natural ❑Manmade • ❑Unknown -3 j) kIz_ SO Lt e. Is proposed work within city limits or planning jurisdiction? f. If - applicable, list the planning jurisdiction or city limit the proposed }� Yes . ❑No , workfalls within. -V- f e_ 1 c,. C G. %;W in o vi ki n `7 P n vA Q C10,UQ V <Form continues on next page> MAY Q 12915 �rnA_AAHG; (�rT4 4. Site Description' a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 4) 5' . 5 FT Gl �j (Q5 S- 119 Cc. c. Size of-individual lot(s) 114 GZ G: d. Approximate ele Lion of tract above NHW (normal high water) or NWL (normal water,level) (If many lot sizes, please attach. additional page with a list) $jNHW or 'NWL r �� e. Vegetation on tract No�r4P-' f. Man -made features and uses now on tract $ ui ld i n 11n4 g. Identify and describe t e existing land uses adiacent to the proposed project site. � fix, yd-t n Y�'tarf na h; How doe_ s local government zone the tract? L ' Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) u 1'1 z,O it j 19Yes ❑ No ❑ NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes XNO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ;�No ❑NA If yes, by whom? I. Is the -proposed project located in a National Registered Historic District or does it involve a ❑Yes "VNo ❑NA National Register listed or eligible property? RE L, t <Form continues on next page> MAY Q 12915 �rnA_AAHG; (�rT4 form UUM W -1 (Page J or 4) AYel -It-AI JUN Tor Major Development Permit m. (i) Are there wetlands on the site? ❑Yes No (1) Pre'fNere coastal wetfa'nds onINe sfte? " Ores.' o (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. TL;, 6 c. wa.,�e r- S� S �•e n-� p. Describe existing storm water mana9ement or treatment systems. t bN P-- 5. Activities and Impacts a. Will the project be for commercial, public, or private use? KComme rcial ❑Public /Government �r Yom- \o y1 e55 O Q,>7 V60 ❑Private /Community b. Give a brief description of purpose, use and daily oper ions of the project when complete. z(A' ASW- u m 1 Joc,,F, c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Wed 1Pr-C'A-"4- d0c4-'- wok% '`ni $U`t��bfZ�Gli liL7�k� -� «-�7 �O Q_-- TC7�� //�ANbSET W fT4 Gf yP0W4.1&1 d. List all development activities you pr000se. OGt Id 4 CAk e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? KSq.Ft or ❑Acres g. Will the proposed project encroach on any publiiceassement, public accessway or other area that the has ❑Yes RNo ❑NA public established use of? 't h. Describe location and type of existing and proposed discharges to waters of the state. vj fs c- i. Will. wastewater or stormwater be discharged into a wetland? Yes []No KNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO *A j. Is there any mitigation proposed? []Yes []No X If yes, attach a mitigation proposal. r <Form continues on back> RECENED MAYO 1 ?.015 M Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP -1) the /allowing jterrts_be(gw,.if ppplic kle, fnust be submitted in order for the apprrc_at_lion package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the applicatton instruction booklet on how'to properly prepare the required items below. a. A project nan- S I -6-7 A 17A C. 14 M� N I G- . k b. An accurate, uarea work plat (nduding plan view and cross - sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. o 4Q Q --r c. A site or location map that is sufficiently detailed to guide agen4y b 1 t' persppnnel nfamili r vdth areal? 2the site. t-1-0. c Yv� •Q 1i - r d. A copy of the deed (with state application only) or other instrument under which the applicant claims fille to the affected properties. e.. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name r`►tiv 6 -V-rit t% t R Phone No. Address % bt H 1 -4 6 K/ L de 55 19b'9514 L40-24, Name lr f ' S" Itl I�Nf �t Phone No. Address Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. In n 1 K l�� i° - o%ll''m rt-[ h, Signed consultant or agent authorization form, if applicable. A k i. Welland delineation, it necessary. �y j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1 -10), if necessary. If the project involves expenditure ublic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to ttus permit application and follow -up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date }j1 Print Name Signature Please indicate application attachments pertaining to your proposed project. RECEIVED ❑DCM MP -2 Excavation and Fill Information [JDCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development DCM MP -4 Structures Information MAY 0 X 20?; Y"kvl-lvff i, i It,Y Form DCM MP -4 STRUCTURES (Construction within Public Trust Areas) l Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. `DOCKING :FAC %L/TY�IIiIAR/NA ` - _ _ _ _ GHARACT�R/ST %5, pThissectiori'nota' licalile' -.. ,PP ;., , a. (i) Is the docking facility /marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Public/Government ❑Private /Community PjYes []No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ,®Yes ❑No (ii) Number I If yes: (iii) Length (P?J,J' (ii) Number (iv) Width tp (iii) Length1 (v) Floating []Yes JKNo (iv) Width _ (v) Floating ❑Yes %(No e. (i) Are Platforms included? ❑Yes ZNo 'f. (i) Are Boatlifts included? 9Yes ❑No If yes: If yes: (ii) Number I/ (ii) Number (iii) Length (iii) Length 2 (iv) Width (iv) Width Z (v) Floating []Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 5 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service (p ❑ Dockage, fuel, and marine supplies ® Dockage ( "wet slips ") only, number of slips: �6 Eliu� ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel 00pen water; no dredging required []Other; please describe: k• Typical boat length: 2f m. (i) Will the faacility have tie pilings? []Yes KNo , (ii) If yes number 4tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). FEV K\ANlt30V, - I. (i) Will the facility be open to the general public? 9JYes ❑No 252-808 -2808 :: 1- 888- 4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Torm.DCM MP -4 (Structures, Page 2 of 4) 2. DOCKING FACILITY %MAR/N:4 OPERT/ONS „ p This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: `}.J o N E PRO P 0 si i-) ❑ Showers ❑ Boatholding tank pumpout; Give type and location: , t ON F_— PP, 0 o Sip b. Describe treatment type and disposal location for all sanitary wastewater. NONE A L&DWED c. Describe the disposal of solid waste, fish offal and trash. BONE A t_1_a J&,b d. How will overboard discharge of sewage from boats be controlled? N 0 N E ASLOW QPJ St iE e. (i) Give the location and number of "No Sewage Discharge" signs proposed. ONGG16m LQCP, - Et> All Dxx Q-4: RR Ne_a (ii) Give the location and number of " Pumpout Available" signs proposed. NQfy[ it K0V1.AED f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NONE ALLOWEQR ON SITO g. Where will residue from vessel maintenance be disposed of? NON r-, AL- 1 -DWC -P o r/ S rTC h• Give the number of channel markers and "No Wake" signs proposed. O i. Give the location of fuel- handling facilities, and describe the-safety measures planned to protect area water quality. t/or4cC AL—UWLD CAN !;l—PE j. What will be the marina policy on overnight and live- aboard dockage? X10 NE k. Describe design measures that promote boat basin flushing? T D A L 6PE9 PILE 6, FAA t Li TY I. If this project is an expansion of an existing marina, what types of services are currently provided? Fd.11 m. Is the marina/docking facility proposed within a primary or secondary nursery area? 5qYes []No ?FC;FIV�O P 1 F N 4- = 11.'. 252- 808 -2808 :: i- 888- 4RCOAST :: www.nccoastaimanagement.net revised: 12/27108 -Fore DCM MP -4 (Structures, Page 3 of 4) n. Is the marina/docking- facility proposed within or adjacent to any shellfish harvesting area? XYes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ZSB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 14No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3 "BOATH004E (including covered lifts) .�jThis section -not applicable, a. (i) Is the boathouse structure(s): ❑Commercial ❑Public /Govemment ❑Private /Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. O/N (e.g., wood, sheetpile, ,efc.. if a -rock groin, use:MP, 2, Excavation;and Fill.). This,section.not,appl ble a• (i) Number (ii) Length (iii) Width 5: `BREAIM/A., TER (e.g.,,,wood, sheetpAe,'etc.) _ = ®Tfiis section not Applicable. I' ;- a• Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6' NO and'BUO.YS = This'section not a - l cable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private /Community G. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) ?i:C "7` 252 -808 -2808 :: 1- 888- 4RCOAST :: wv6-m nccoastalmanagemernt.net revised: 12127/06 A0831 NON83A J/N 0 Al N %imine ONIISIX3 k1v HO cn rn NJ OMJO "Ol Lq•09 REC�IVEID ZJV fs • cm (At ZF P-i-Ill i -17 ci n to Lq•09 REC�IVEID ZJV fs • ),0831 NONN3A A/N -0 Maine DNIISIX3 Li r'7 k1v Q S3la HO J/N v. rn X-3 co 1� _I �J m —q n _0 ti r'7 c') LG•0.9 C �1f •�Fl lli� 0 3 • u iz 11,10 ITIO � 0 4 NN ee N 6 V) iNag QaA V ++ p C Y _u } 11 gill 0 ac�'T i TIO tO n to 3 J lilt till e —, 4 j �• s To s 4� � �• . - •_ . ter.. . _ _ • • . g . 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