20160352 Ver 1_Email_20160606

Strickland, Bev
From: Brian Rubino <[e-mail]>
Sent: Monday, June 06, 2016 3:15 PM
To: Haines, Andrew
Cc: Scarbraugh, Anthony; Spears, Courtney
Subject: FW: Broad Creek Marina and Breakwater
Attachments: D00051616-009.pdf
Andy,
I spoke to Anthony Scarbraugh about this project early last week and he did confirm that DWR will still have to produce
a Use Attainability Analysis with our new/current plan. It was conveyed to me that it is a statutory requirement for DWR
for any new marina. Based on the age of the nearby marinas (Bailey and Umphlett), DWR either was not required to
produce a copy of past UAAs or they do not have that information available. Do you have the ability to search available
databases going back to 1975 in relation to shellfish resources in this location? It is my understanding that DWR would
produce the UAA, but I would contact you or others to assist with gathering the relevant data.
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: Brian Rubino
Sent: Friday, May 20, 2016 2:56 PM
To: 'Haines, Andrew' <[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
Andy,
Thanks for your review of this revised layout and additional description of your requested permit conditions. Please also
see the attached letter from DWR which I received a digital copy of on Wednesday of this week.
DWR has requested: "present shellfish resource evaluation and historical documentation of the shellfish resources
(back to 1975)". Is this data something that can be made available to me to provide to DWR? I have not had a chance to
call DWR to discuss this yet, but I am planning on doing that this afternoon or Monday. I am not sure that their request
is affected by the revised layout, but I will talk to them about that 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
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: Haines, Andrew[mailto:[e-mail]]
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
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
liWX11! 1111GIC[:
4

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: 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
Thankyou!
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
6

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
<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.
7

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]
A
Sent: Thursday, April 14, 2016 10:50
AM
To: Jenkins, Shannon
<[e-mail]>;
8

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
9

<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.
From: Jenkins, Shannon
Sent: Thursday, April 14, 2016 10:45
AM
To: Brian Rubino
<[e-mail]>; Haines,
Andrew
<[e-mail]>;
Rheubottom, Jeff
<jeff.rheubottom@ncdenr.�ov>
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.
10

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
<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
11

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
12

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 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
13

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 (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
14

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
15

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
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.
16

Water Resources
ENVIRONMENTAL QUALITY
May 13, 2016
CERTIFIED MAIL: 7015 0640 0005 9080 5514
RETURN RECEIPT REQUESTED
N.C. Seafood Industrial Park Authority-Wanchese
Attn: Mr. Bob Peele, Director
615 Harbor Road
Wanchese, NC 27981
Subject: REQUEST FOR ADDITIONAL INFORMATION
Broad Creek Pier System and Breakwater
Dear Mr. Peele:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
D W R # 16-0352
Dare County
On April 1, 2016, the Division of Water Resources (Division) received your application dated March 21,
2016, requesting a 401 Water Quality Certification from the Division for the subject project. On April 8,
2016, the Division received correspondence from the Division of Coastal Management the project had
been placed on hold at your request. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until all of the following information is received:
1. Use Attainability Analysis
The Major Development Permit application received in this Office states that NC Seafood
Industrial Park Authority is the owner of subject property located at Lot 6 on Harbor Road within
the village of Wanchese, Dare County. Please provided the Division with a present shellfish
resource evaluation and historical documentation of the shellfish resources (back to 1975) in the
project area in order to complete a UAA. Until the information is provided the review process
cannot be completed and no further action can be taken on the 401 certification. Title 15A NCAC
02H .0506 (a)(5) and 15A NCAC 28.0221 (2)
Pursuant to 15A NCAC 2B .0221 (2) and Title ISA NCAC 02H .0506 (a)(5) and (b)(2), the applicant shall
furnish all of the above requested information for the proper consideration of the application. If all of the
requested information is not received in writing within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
NC 27699-1617.
State of Noah Carolina I Environmental Quality I Water Resources—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have
any questions or concerns.
Sincerely,
Robert Tankard, Assis nt Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Courtney Spears, DCM Morehead City
Kelly Russell, DCM Elizabeth City
Shane Staple, DCM WaRO (via email)
Maria Dunn, WRC WaRO (via email)
Josh Pelletier, USACE Washington Regulatory Field Office
Samir Dumpor, DEMLR WaRO (via email)
DWR WaRO 401 files
Laserfiche
Brian Rubino, Quible & Associates, P.C. (email: [e-mail])