20160352 Ver 1_Other Agency Comments_20160520

Strickland, Bev
From: Spears, Courtney
Sent: Friday, May 20, 2016 3:53 PM
To: Scarbraugh, Anthony
Subject: FW: Broad Creek Marina and Breakwater
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 office
[e-mail]
400 Commerce Avenue
Morehead City, NC 28557
KIdisombb,
I. -T"U -5:�'-^Nothlnq Compares --N.,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Haines, Andrew
Sent: Friday, May 20, 2016 11:06 AM
To: Brian Rubino <[e-mail]>; Jenkins, Shannon <[e-mail]>
Cc: Daniel, Louis <[e-mail]>; Spears, Courtney <[e-mail]>; Rheubottom, Jeff
<[e-mail]>; Huggett, Doug <[e-mail]>; Peele, Robert
<bpeele@ nccom merce.com>
Subject: Re: Broad Creek Marina and Breakwater
Hi Brian,
Thanks for passing along this revised layout. We had a chance to review it this morning, and everything looks
good on our end. Just to reiterate from our previous conversations, we will still be requesting that the
following two items be included as conditions of the permit moving forward.
1) We would like for the permitted work on the "Gunboat" facility to be completed before moving forward on
any work on this new facility. The current layout of the "Gunboat" facility was originally permitted under our
exemption criteria, which allows a shellfish closure to be avoided if no boats over 24 feet or with cabins or
heads use the docks. As currently operating, boats using the facility are exceeding those size criteria, so in
order to avoid a shellfish closure, the redesigned facility including only 10 slips would need to be built.
2) We would like to include the condition that docking only occur in permitted spaces, so that we can avoid a
situation where boats are tying up on the inside of the pier/walkway closer to the closure line.

If you have any questions, don't hesitate to contact us, and we'll do what we can to help you out. Have a good
weekend
Andy
From: Brian Rubino <[e-mail]>
Sent: Wednesday, May 18, 2016 8:37:50 AM
To: Jenkins, Shannon
Cc: Daniel, Louis; Spears, Courtney; Haines, Andrew; Rheubottom, Jeff; Huggett, Doug; Peele, Robert J
Subject: Re: Broad Creek Marina and Breakwater
Thanks Shannon
Sent from my Phone
On May 18, 2016, at 8:20 AM, Jenkins, Shannon <[e-mail]> wrote:
Brian,
We will review the revised plan (regarding the Shellfish Sanitation marina aspect) soon and get
back to you. We should be able to do this prior to end of business on Friday at the latest.
Thanks
Shannon
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 J <[e-mail]>
Subject: RE: Broad Creek Marina and Breakwater
M1

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.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
3

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 <ieff.rheu bottom(@ ncdenr.eov>
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 <ieff.rheubottom Pncdenr.aov>
Subject: Re: Broad Creek Marina and Breakwater
Thank you!
Sent from my Phone
On Apr 14, 2016, at 12:02 PM, Daniel, Louis <[e-mail]> wrote:

I will work on a conference line.
Sent from my Phone
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 Phone
On Apr 14, 2016, at 11:17 AM, Daniel, Louis
<[e-mail]> wrote:
Before 2:00 is ideal for me. Louis
Sent from my Phone
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
5

<[e-mail]>;
Rheubottom, Jeff
<jeff.rheubottom@ ncdenr.gov>
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 20' 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
6

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]
A
Sent: Thursday, April 14, 2016 10:50
AM
To: Jenkins, Shannon
<[e-mail]>;
Brian Rubino
<[e-mail]>; Haines,
Andrew
<[e-mail]>;
Rheubottom, Jeff
<jeff.rheubottom@ ncdenr.gov>
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. I 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
<image002.png>
Email correspondence to and from this
address is subject to the
North Carolina Public Records Law and
may be disclosed to third parties.
s

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]]
9

Sent: Thursday, April 14, 2016 9:05
AM
To: Jenkins, Shannon
<[e-mail]>;
Haines, Andrew
<[e-mail]>;
Rheubottom, Jeff
<jeff.rheubottom@ ncdenr.gov>
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.
10

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.
11

From: Spears, Courtney
[mailto:[e-mail]
A
Sent: Thursday, April 07, 2016 11:48
AM
To: Brian Rubino
<[e-mail]>
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.
12

If you have any questions
concerning this matter, please feel
free to contact me at (252) 808-
2808, 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.spearsa-ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
<image006.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]]
13

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
14

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.
15