20160352 Ver 1_Staff Comments_20160519

Strickland, Bev
From:
Scarbraugh, Anthony
Sent:
Thursday, May 19, 2016 7:01 AM
To:
Spears, Courtney
Cc:
Tankard, Robert
Subject:
RE: Broad Creek Marina and Breakwater
Mrs. Spears,
In accordance with 15A NCAC 02B .0221 (1)(Tidal Salt Water Quality Standards for Class SA Waters), states: "Best Usage
of Waters: shellfishing for marker purposes and any other usages specified by the "SB" or "SC"." Therefore, any project
proposing a marina (more than 10 boat slips) within open SA and results in a closure or change in water quality
classification would be considered degradation and result in a denial of the 401 certification.
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
1�-5:5-Nothing Compares]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Spears, Courtney
Sent: Wednesday, May 18, 2016 3:54 PM
To: Scarbraugh, Anthony <[e-mail]>
Cc: Tankard, Robert <[e-mail]>
Subject: FW: Broad Creek Marina and Breakwater
Good afternoon,
Mr. Brian Rubino sent a revised plan drawing yesterday for Broad Creek Marina and Breakwater to address concerns of
DMF regarding shellfish resources and DCM regarding usurpation of public trust. DMF and DCM are currently reviewing

the revised plan, but I thought it would be pertinent to DWR's hold letter we received today. Please let me know if I can
provide any additional information from DCM.
Thank you,
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 office
courtney.spears(a)ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
of ing Cor pare r
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Brian Rubino [mailto:[e-mail]]
Sent: Tuesday, May 17, 2016 3:44 PM
To: Daniel, Louis <[e-mail]>; Jenkins, Shannon <[e-mail]>; Spears, Courtney
<[e-mail]>; Haines, Andrew <[e-mail]>; Rheubottom, Jeff
<[e-mail]>; Huggett, Doug <[e-mail]>
Cc: Peele, Robert <[e-mail]>
Subject: RE: Broad Creek Marina and Breakwater
0
After our conference call on 4/20/2016, we developed a revised plan that is intended to address the
regulatory/resources agency concerns related to Shellfish and Sanitation marina requirements and CAMA/DCM
"usurpation of public trust" issues. One important major item that I would like to present is the ability to start the pier
in a new location. Bob Peele was able to identify this after considering the usurpation issue at hand and current and
proposed land use in the Seafood Park as well as projected leaseholds. Please see the draft revised plan attached. If this
looks acceptable, we would like to take the project off -hold to resume the CAMA Major review.
Thanks,
Brian
Brian D. Rubino, P.G.
Vice President
Quible & Associates, P.C.
8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146

www.auible.com
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it is addressed and may
contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or
taking action in reliance upon this information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the sender and delete the material from any
computer.
From: Daniel, Louis [mailto:[e-mail]
Sent: Thursday, April 14, 2016 1:59 PM
To: Brian Rubino <[e-mail]>
Cc: Jenkins, Shannon <[e-mail]>; Spears, Courtney <[e-mail]>; Haines,
Andrew <[e-mail]>; Rheubottom, Jeff <[e-mail]>
Subject: RE: Broad Creek Marina and Breakwater
Afternoon all—
Attached are the instructions for the conference call on 4/20/16 at 10:00 to address the subject project.
Any questions or problems, let me know.
Louis
252-808-8147
From: Brian Rubino [mailto:[e-mail]]
Sent: Thursday, April 14, 2016 1:00 PM
To: Daniel, Louis <[e-mail]>
Cc: Jenkins, Shannon <[e-mail]>; Spears, Courtney <[e-mail]>; Haines,
Andrew <[e-mail]>; Rheubottom, Jeff <[e-mail]>
Subject: Re: Broad Creek Marina and Breakwater
Thank you!
Sent from my iPhone
On Apr 14, 2016, at 12:02 PM, Daniel, Louis <[e-mail]> wrote:
I will work on a conference line.
Sent from my iPhone
On Apr 14, 2016, at 11:52 AM, Brian Rubino <[e-mail]> wrote:
How about 10 am on wednesday the 20th? Shannon, are you able to facilitate a
conference call-in? My phones are set up to call in 2 other lines, but i should be able to
figure something out if need be. Thanks
Sent from my iPhone

On Apr 14, 2016, at 11:17 AM, Daniel, Louis <[e-mail]> wrote:
Before 2:00 is ideal for me. Louis
Sent from my iPhone
On Apr 14, 2016, at 11:10 AM, Jenkins, Shannon
<[e-mail]> wrote:
Brian,
Next Wednesday April 20th works for us.
Shannon
From: Brian Rubino [mailto:[e-mail]]
Sent: Thursday, April 14, 2016 10:56 AM
To: Spears, Courtney <[e-mail]>;
Jenkins, Shannon <[e-mail]>;
Haines, Andrew <[e-mail]>;
Rheubottom, Jeff <[e-mail]>
Cc: Daniel, Louis <[e-mail]>
Subject: RE: Broad Creek Marina and Breakwater
Shannon,
I agree that we should be able to work this out through
a phone conference. How would a Wednesday April
20th call work for everyone? I can do any time that
day. In know Doug is unavailable, but Courtney has
indicated that would be an available day for her.
Thanks,
Brian
Brian D. Rubino, P.G.
Vice President
Quible & Associates, P.C.
8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
www.guible.com
<image001.png>
LEGAL DISCLAIMER
The information transmitted is intended solely for
the individual or entity to which it is addressed and
may contain confidential and/or privileged material.

Any review, retransmission, dissemination or other
use of or taking action in reliance upon this
information by persons or entities other than the
intended recipient is prohibited. If you have
received this email in error please contact the
sender and delete the material from any computer.
From: Spears, Courtney
[mailto:[e-mail]]
Sent: Thursday, April 14, 2016 10:50 AM
To: Jenkins, Shannon <[e-mail]>;
Brian Rubino <[e-mail]>; Haines, Andrew
<[e-mail]>; Rheubottom, Jeff
<[e-mail]>
Cc: Daniel, Louis <[e-mail]>
Subject: RE: Broad Creek Marina and Breakwater
Hello,
Doug and I are both unavailable on Monday next week.
For the remainder of the week Doug will be in Raleigh.
am available on Wed/Thurs. If either of those days are
workable that would be great, otherwise I think the
following week would be better for use.
Thanks!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 office
courtney.spears(a)ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
<i mage002. png>
Email correspondence to and from this address is
subject to the
North Carolina Public Records Law and may be
disclosed to third parties.
From: Jenkins, Shannon
Sent: Thursday, April 14, 2016 10:45 AM
To: Brian Rubino <[e-mail]>; Haines,
Andrew <[e-mail]>; Rheubottom,
Jeff <[e-mail]>
Cc: Huggett, Doug <[e-mail]>; Spears,

Courtney <[e-mail]>; Daniel, Louis
<[e-mail]>
Subject: RE: Broad Creek Marina and Breakwater
Brian,
I believe that any modifications that we need to discuss
are simple enough that a phone conference may work
(although we'd be glad to meet in person as well). Do
you agree? If so, our first free slot would be Monday
afternoon (perhaps 1:30pm?). If not, we're pretty
flexible next week.
Thanks
Shannon
From: Brian Rubino [mailto:[e-mail]]
Sent: Thursday, April 14, 2016 9:05 AM
To: Jenkins, Shannon <[e-mail]>;
Haines, Andrew <[e-mail]>;
Rheubottom, Jeff <[e-mail]>
Cc: Huggett, Doug <[e-mail]>; Spears,
Courtney <[e-mail]>
Subject: FW: Broad Creek Marina and Breakwater
Gentlemen,
Based on a conversation with Doug Huggett and an
Courtney Spears from DCM last week, we have put the
CAMA permit for Broad Creek Pier and Breakwater on
temporary hold due to Shellfish and Sanitation concerns
over the design. Mr. Huggett recommended to do this
while we work out design elements with you that
conform to mooring area rules. I thought we had a
productive scoping meeting on August 27, 2015 and I
appreciate your guidance and input from that
meeting. I intended to submit a plan that conformed to
the Shellfish and Sanitation requirements, but I am
confident that we can now make appropriate
adjustments with your assistance that also meet the
Seafood Park's needs. I have attached the plan that was
submitted. Please let me know what a good time to
discuss this would be and feel free to email me any
suggestions as well.
Thanks,
Brian
Brian D. Rubino, P.G.
Vice President
Quible & Associates, P.C.

8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
www.auible.com
<image001.png>
LEGAL DISCLAIMER
The information transmitted is intended solely for
the individual or entity to which it is addressed and
may contain confidential and/or privileged material.
Any review, retransmission, dissemination or other
use of or taking action in reliance upon this
information by persons or entities other than the
intended recipient is prohibited. If you have
received this email in error please contact the
sender and delete the material from any computer.
From: Spears, Courtney
[mailto:[e-mail]]
Sent: Thursday, April 07, 2016 11:48 AM
To: Brian Rubino <brubinoCcDauible.com>
Cc: Troy Murphy <[e-mail]>; Russell, Kelly
<[e-mail]>
Subject: RE: Broad Creek Marina and Breakwater
Dear Mr. Rubino,
This correspondence acknowledges your April 7t", 2016
email in which you indicated that your client, Bob Peele,
wishes to place his CAMA Major Permit application in
abeyance until issues with Shellfish Sanitation are
resolved. Based on this request, processing of your
application will be placed on hold until such time as a
written request is received in this office requesting a
resumption of application processing. As required by
NCAC T15A:07J.0204(d), the permit processing period
will not run. Upon my receipt of a written request to
reinitiate processing, the Division of Coastal
Management will resume processing of the application
at the point where it was terminated.
If you have any questions concerning this matter, please
feel free to contact me at [phone], or by e-mail.
Kind regards,
Courtney Spears
Assistant Major Permits Coordinator

Division of Coastal Management
Department of Environmental Quality
252 808 2808 office
courtney.spears(a)ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
<i mage006. png>
Email correspondence to and from this address is
subject to the
North Carolina Public Records Law and may be
disclosed to third parties.
From: Brian Rubino [mailto:[e-mail]]
Sent: Thursday, April 07, 2016 11:26 AM
To: Spears, Courtney <[e-mail]>
Cc: Huggett, Doug <[e-mail]>; Troy
Murphy <[e-mail]>
Subject: Broad Creek Marina and Breakwater
Courtney,
Based on the discussion between Doug Huggett, you
and myself on Tuesday April 5t", I would like to put the
permit processing for the Broad Creek Marina and
Breakwater project on -hold while we work through
items of concern with Shellfish and Sanitation. Thanks
for the assistance with this project and please keep us
informed if you receive any other comments or
determinations that may affect this project.
Thanks,
Brian
Brian D. Rubino, P.G.
Vice President
Quible & Associates, P.C.
8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
www.guible.com
<image001.png>
LEGAL DISCLAIMER
The information transmitted is intended solely for

the individual or entity to which it is addressed and
may contain confidential and/or privileged material.
Any review, retransmission, dissemination or other
use of or taking action in reliance upon this
information by persons or entities other than the
intended recipient is prohibited. If you have
received this email in error please contact the
sender and delete the material from any computer.