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HomeMy WebLinkAbout20090499 Ver 1_CAMA Application_20090501`o*wA A NCD ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary April 30, 2009 MEMORANDUM TO: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM SUBJECT: Applicant: Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Marshes Light, LLC 0 9` 0 4 9 9 Project Location: Salty Dawg Lane in Manteo, on Shallowbag Bay, Dare County Proposed Project: Expand 60-slip marina to incl.: floating platforms, wave attenuators, 98 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/21/09 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact John Cece at (252) 264-3901. 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 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 1367 US 17 South, Elizabeth City, NC 27909 o ??[VW?= MpY 0 1 2009 DEKR. VMTER WWy, Phone. 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastaImanagement.net One NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Natural 1Y y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION TO MAJOR PERMIT #124-05 2 3 4 APPLICANT'S NAME: Marshes Light LLC (Historic Manteo) LOCATION OF PROJECT SITE: Salty Dawg Lane in Manteo, Dare County, on Shallowbag Bay off Roanoke Sound Photo Index - 2006: 182-7235 (A17-18, B 17-18) 1995: 182-1881 (S8-9, T8-9) 1985: 141-1570 (Q20-21, R20-21) State Plane Coordinates - X: 2985976 USGS Map: Manteo LR 2000: 182-2158 (W6-7, X6-7) 1989: 152-5 (N7-8, 07-8) 1978: 83-362 (N6-7, 06-7) Y:800734 Rover File: C020916A INVESTIGATION TYPE: CAMA and D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/13/09, 2/26/09, 3/27/09 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete- 4/28/09 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Manteo Core CAMA Land Use Plan Update 2007 Land Classification from LUP - Mixed Use (B) AEC(s) Involved: Estuarine Shoreline, Estuarine Waters, Public Trust Waters (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Town sewer Planned - Same (F) Type of Structures: Existing - Condominiums, fixed piers, and bulkheads Planned - Multiple floating platforms and finger piers, wave attenuators (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] (A) Public Trust Area, Estuarine 24,031 SF 255 SF 600 SF Waters (platforms) (rip rap) (debris removal) (B) Coastal Wetlands None None None (C) U.S. Army COE Section 404 1,622 SF Wetlands / Estuarine Shoreline (ships store) None None (D) Estuarine Shoreline 500 SF None 1,800 SF (walkway) (fuel system) (E) Upland Development None None None Marshes Light LLC (Historic Manteo) Field Investigation Report Page 2 (F) Total Area Disturbed: 2,400 sq. ft. (.06 acres) (G) Primary Nursery Area: No (NOTE: Marshes Light is located on Inner Shallowbag Bay which is a Permanent Secondary Nursery Area. Outer Shallowbag Bay is a Special Secondary Nursery Area.) (H) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to install multiple floating platforms and wave attenuators to create two kayak launches and 98 additional boat slips at an existing 60-slip marina. PROJECT SETTING The proposed development will occur on the east side of a 21.6-acre tract located in the Town of Manteo in Dare County. The subject property is bordered by Fernando Street to the north, Grenville Street to the south, Salty Dawg Lane (also known as Uppowoc Street) and the College of the Albemarle campus (previously the Manteo Middle School) to the west, and Shallowbag Bay to the east. The waters of Shallowbag Bay in this area are classified as SC and are closed to shellfish taking. An existing marina consisting of a bulkheaded basin and entrance channel,'a 325 foot long pier equipped with a 265 foot long "L shaped" platform, and a parking area is located in the center of the property. The marina. currently has a capacity of 60 slips: 15 in the basin and 45 on the existing fixed wooden pier structure. The entrance channel is approximately 300 feet long and 100 feet wide and connects to a basin is approximately 190 feet by 100 feet. The basin and the entrance channel are bordered by a 10 foot wide boardwalk that extends further north around the rest of the Marshes Light property into the Town of Manteo's business district. The water depths in the basin and entrance channel are approximately 8 feet deep. Water depths along the existing main Pier A are 7 - 10 feet while water depths in the area "enclosed" by the existing "L shaped" pier are reportedly 6 - 10 feet. The portion of the subject property immediately south of the marina is a Coastal Wetland marsh vegetated primarily with Black Needlerush (Juncus roemerianus). The marsh fronts Shallowbag Bay and is approximately 500 feet wide. The property further south of the Coastal Wetland is Grenville Street, which is a town maintained road with houses along the south side. Landward of the Coastal Wetlands is an area of U.S. Army COE Section 404 wetlands and a thin strip of uplands that is vegetated with indigenous weeds and grasses. The transition area between the marsh and the uplands is vegetated with common reed (Phragmites). The area immediately north of the marina contains two recently constructed condominium buildings and associated parking areas. The area immediately west of the marina is comprised of a small undeveloped area vegetated with mowed indigenous weeds and grasses and a gravel parking area. Marshes Light LLC (Historic Manteo) Field Investigation Report Page 3 The elevation of the subject property varies from +1 foot above Normal Water Level (NWL) in the Coastal Wetland marsh to approximately +7 feet in the upland areas. The property has approximately 875 feet of shoreline in the marsh area, approximately 100 feet of shoreline protected by riprap and concrete bulkhead, approximately 1300 feet of bulkheaded shoreline that includes the marina basin, approximately 150 feet of sandy shoreline and, approximately 700 feet of bulkheaded shoreline north of the small sandy beach. PROPOSED DEVELOPMENT Major Permit #124-05, issued on July 28, 2005, authorized maintenance excavation; the installation of 3,000 LF of bulkhead; the relocation of two large above ground fuel storage tanks; and the construction of 22 single family residences, 5 condominium complexes, 6 retail shops, and 2 hotels. The applicant proposes a Major Modification to the existing permit to install the following: • A 323-foot long by 8-foot wide floating wave attenuator equipped with 6 finger piers and tie pilings to create 11 boat slips on the east side of the platform located at the east end of the existing Pier A; • A 203-foot long by 10-foot wide floating platform (identified as Platform B) equipped with 12 finger piers, tie pilings, and a 77-foot long by 8-foot wide "T shaped" floating platform/wave attenuator; • A 195-foot long by 10-foot wide floating platform (identified as Platform C) equipped with 12 finger piers, tie pilings, and a 65-foot long by 8-foot wide "T shaped" floating platform/wave attenuator; • A 154-foot long by 10-foot wide floating platform (identified as Platform D) equipped with 5 finger piers, tie pilings, and an additional 32-foot long by 6-foot wide floating platform; • A 270-foot long by 10-foot wide floating platform (identified as the North Pier) equipped with 12 finger piers, tie pilings, a 74.5-foot long by 8-foot wide "T shaped" floating platform/wave attenuator, and a 90-foot long by 6-foot long canoe/kayak launch; • A 50-foot long by 10-foot wide walkway to connect the proposed Platform D to an existing walkway, • An additional 90-foot long by 6-foot long canoe/kayak launch located near the northern property boundary, • Two uncovered canoe/kayak racks at each canoe/kayak launch, • A 1,900 SF ships store, • Two 8,000 gallon underground storage tanks and associated fuel lines and pumps, and • Approximately 85 feet of rip rap. The applicant proposes to install three large floating platforms off the south side of the existing 325-foot long fixed wooden pier which is oriented approximately in an east-west direction. Platform B will be 203 feet long and 10 feet wide and contain 24 boat slips. Platform C will be 195 feet long by 10 feet wide and will create 26 slips, while Platform D will be 154 feet long by 10 feet wide and include 11 slips. Marshes Light LLC (Historic Manteo) Field Investigation Report Page 4 A separate new floating platform referred to as the North Pier will be installed 150 feet north of, and parallel to, the existing main Pier A. The channel leading into the existing basin will pass between these two piers. The North Pier will be 270 feet long, 10 feet wide, and will be equipped with 12 finger piers that will create 26 additional boat slips. The applicant has designated the 26 slips on the North Pier as "commercial" slips, while the remaining slips throughout the existing and proposed marina will be designated as "residential" slips. The North Pier will also include a 90-foot long and 6-foot wide canoe/kayak launch that will be located at the landward (western) end of the platform. A separate second floating canoe/kayak launch of the same size will also be installed near the northern property boundary. The applicant also proposes to install a total of 535 linear feet of wave attenuators. Separate sections of attenuators will be installed on the east end of the North Pier, the east side of the "L shaped" platform on the existing main Pier A, and the south ends of the proposed Platforms B and C. The attenuators will be constructed of 8-foot wide platforms supported by multiple layers of floating plastic modules. The proposed attenuators located at the ends of the North Pier, Platform B, and Platform C will be contain a double layer of the modules that will be- 26 inches deep. The proposed attenuator located to the east of the existing main Pier A will-be comprised of two and three staggered layers of the modules that will be 46 inches deep. See Attachment V of the enclosed application for three-dimensional drawings depicting the proposed wave attenuators. The proposed shoreline stabilization efforts are limited to removing existing concrete debris located in the near shore area south of the landward end of the main Pier A. This concrete will be broken into manageable pieces and reutilized as rip rap that will be placed along the nearby shoreline. Approximately 35 feet of rip rap will be placed in front of the deteriorating concrete bulkhead and 50 feet will be placed in front of the adjacent Coastal Wetlands. Proposed upland development includes relocating a ships store that was previously authorized by Major Permit #124-05. The store was authorized to be constructed near the southwest corner of the existing basin, but is proposed to be relocated approximately 50 feet east to an area south of the basin. The re-located store will be a pile supported structure built over 1,622 SF of U.S. Army Corps of Engineers Section 404 wetlands. The applicant also proposes to install two 8,000 gallon underground storage tanks (USTs) and associated fuel lines and pumps to provide fueling services for the marina. The USTs will be installed to the east of the existing basin and south of the existing gravel parking area. Approximately 310 feet of piping will be installed to transport the fuel to the dispensers that will be installed near the landward (western) end of the main Pier A. The proposed USTS will replace ASTs previously authorized under Major Permit #124-05. Marshes Light LLC (Historic Manteo) Field Investigation Report Page 5 ANTICIPATED IMPACTS The development proposal will have the following impacts: 1) The proposed floating platforms, floating wave attenuators, canoe/kayak launches and finger piers, will shade 24,031 square feet (.55 acres) of Public Trust Area and Estuarine Waters Areas of Environmental Concern (AECs). 2) The 60 existing boat slips usurp 42,693square feet (.98 acres) of Public Trust Area and Estuarine Waters AECs. The proposed additional 98 slips will usurp an additional 56,337 square feet (1.29 acres). The entire marina will usurp a total of 99,030 square feet of these AECs (2.27 acres). 3) The relocation of the ships store will reduce the total impervious coverage within the Estuarine Shoreline AEC previously authorized by Major Permit #124-05 by 100 SF. 4) Removing the existing concrete debris from the shallow waters of Shallowbag Bay will temporarily disturb approximately 600 SF of Public Trust Area and Estuarine Waters AECs. 5) Placing the proposed rip rap will fill approximately 255 SF of Public Trust Area and Estuarine Waters AECs with 10 CY of material. Submitted by: John Cece Date: April 23, 2009 Marshes Light, LLC ? r 3? Historic Manteo Development Major CAMA Permit Application-Modification ?AL t-Wv-,Gt?i&-; December 15, 2008 revised February 24, 2009 PROPOSED PROJECT DESCRIPTION Introduction The proposed project involves the expansion of the existing marina at the Marshes Light, LLC Historic Manteo Development (Marshes Light) at the location of the former Salty Dawg Marina in Manteo, North Carolina. The site is approximately centered around latitude 35.8976358° north and longitude 75.6680274 west and is bound by Shallowbag Bay to the east, Fernando Street to the north, Grenville Street to the south and the College of the Albemarle Campus to the west. A copy of the USGS Topographic Quadrangle-Roanoke Island, with the site identified has been included as Appendix A. The overall upland development of the site was permitted under the Coastal Area Management Act (CAMA) Major Permit #124-05. Permitted upland development includes: maintenance excavation of the existing slip areas and man-made basin to a depth not to exceed 8 feet below normal water level (NWL); retaining wall construction around the development along the waterfront outside of the 30 feet vegetative buffer as shown on the site plans (included in the CAMA Major Permit #124-05); construction of 1,600 square feet (sf) open sided gazebo in wetlands; 22 single family residential lots; three condominium complexes with four units each and two condominium complexes with 12 units each; four retail lots with apartments located on the second floor; two hotels with 30 rooms each; six retail shops with upstairs apartments and up to six town homes. The permitted upland development includes all associated fill, grading, utilities construction and landscaping as required and shown on the approved CAMA Major Site plans dated 02/17/04-DCM Permit #124-05. Proposed activities associated with the marina expansion which require a Major Modification to CAMA Major Permit #124-05 and include the construction of four floating platforms; 98 wet slips; 47 finger piers; 162 tie pilings, construction of 535.5 linear feet of floating breakwater/wave attenuator (in four sections as shown on plats and described herein); relocation of the permitted location of the ships store to reduce wetlands impacts (store will be elevated on piles); construction of 500 sf of slotted wooden walkway to access proposed platform "D"; placement of approximately 150 sf of low profile granite and reclaimed concrete rip rap to protect the coastal wetlands shoreline; construction of two kayak and canoe storage racks; construction of two floating kayak and canoe entry platforms attached to the proposed North access pier and the boardwalk north of the site and installation of two Underground Storage Tanks (USTs) and associated infrastructure in location of previously permitted ASTs. Please note, the former marina operation had several USTs and Above Ground Storage Tanks (ASTs) located at the west end of the marina basin and the CAMA Major Permit 124-05-MOD/Minor issued January 30, 2007 depicted a relocation of the former fuel system. This application requests that the formerly permitted above ground storage tanks be permitted to be installed underground. All of the proposed work is shown on the attached site plans (Sheets 1 and 2) and details sheet (Sheet 3) included as Appendix B. Please note, the proposed marina expansion reflects nearly five years of design changes and compromise with various local, state and federal agencies. The reductions and concessions made by the applicants MAR 3 Pia during the State Environmental Protection Act Environmental Assessment (SEPA EA) process and in the #} last year and a half (in response to concerns by the Town of Manteo) include the elimination of a dredging component, retraction of the most water-ward wave attenuator and the elimination of 25 wet slips from the marina layout proposed in the NC SEPA EA process. A copy of the NC Department of Administration (NC DOA) SEPA EA Finding Of No Significant Impacts (FONSI) letter dated June 12, 2007 for the proposed marina expansion has been included as Attachment 1. The impacts associated with the SEPA EA included the construction of 116 additional wet slips, ±565 linear feet of fixed breakwater and all associated infrastructure. A copy of the approved NC SEPA FONSI/Clearinghouse site plan has been included as Appendix C. A CAMA Major Permit Modification Application request was submitted on August 7, 2007 and received by the DCM on August 9, 2007. The permit requested the modification of Permit #124-05 and proposed the expansion of the existing marina to include an additional 113 wet slips and a wave attenuator system waterward of the existing pier system and encircling the proposed marina expansion. In a letter dated August 14, 2007, the Town of Manteo retracted support for the proposed 2007 marina expansion based on changes in the marina design from an the Conditional Use Permit for the marina expansion approved by the Board of Commissioners in 2004. As a result, the applicants have negotiated with the Town of Manteo a marina expansion plan that has been approved by both the Planning Board and the Board of Commissioners in a meeting on December 3, 2008. This permit application and associated site plans reflect that process and approval. A copy of a zoning consistency letter from the Town of Manteo has been included as Attachment II. This permit application proposes reductions in the number of total slips (178 proposed slips in the SEPA FONSI site plan-116 new slips noted in NC DOA FONSI letter), length of north access pier, wave attenuator (location 95 feet out into Shallowbag Bay from the existing structures) and overall impacts to public trust waters from those impacts proposed in the SEPA EA and 2007 CAMA Permit Request. Former Marina Operation/Existing Structures The existing marina layout consists of 60 wet slips reconfigured from an original layout of 62 slips, a rip rap breakwater located underneath the platform at the basin entrance and all associated infrastructure (electric, sewage pump out, fish cleaning stations and water service). The former marina, Salty Dawg, operated with 62 wet slips and dry stack storage capable of storing nearly 300 boats using additional outdoor racks (according to former owner Harry Schiffman). Please refer to Attachment III for a historical aerial photograph (circa 1996) of the site showing the components and boats associated with the former commercial marina operation. Salty Dawg Marina offered major boat and boat motor repairs and stored waste oil, marine grade foams and other fiberglass boat repair products on site. Salty Dawg offered petroleum products for retail sale from two 6,000 gallon Above Ground Storage Tanks (ASTs). In addition, several Underground Storage Tanks (USTs) were removed by Eastern Fuels (tank owners) as part of the site redevelopment. As part of the redevelopment, Marshes Light, LLC funded the assessment and abatement of waste oil contaminated soils and a groundwater assessment of the site. Existing piers and platforms associated with the former marina operation were permitted to be rebuilt with a Division of Coastal Management General Permit issued on 09/06/06 (Attachment IV). The permit authorized the repair and replacement in place of greater that 50 percent of the existing marina 2 3 rAL structures. At the request of the Town of Manteo, the applicants requested a modification of the existing Permit #124-05 to allow the expansion of the permitted walkways around the shoreline of the project from 8 feet in width to 10 feet in width. The entire 30 feet vegetative buffer of the project (terminating at the southwest end of the boat basin) has been deeded to the Town of Manteo to provide public access to, Shallowbag Bay. Additional refinements and minor modifications have been issued for tree wells to preserve trees, the construction of an electric transformer and a Dock Master Shed. Copies of Permit Modifications, General Permits and letters of refinement have been included as Attachment IV. Marine Structures The proposed marine structures associated with this permit request include the construction and installation of three floating access platforms and one floating pier, four floating wave attenuators (3 as "T" docks and one main wave attenuator attached adjacent to the main existing pier) and two floating canoe and kayak launch platforms and two kayak/canoe storage racks. Three of the new access platforms are proposed extending south from the existing fixed access pier (Main Pier). For the purposes of this permit, the platforms are designated as Main Pier A (existing and fixed) Platform B (203.451f with 771f "T" dock/breakwater under dock; floating) Platform C (195.291f with 651f "T" dock/breakwater under dock; floating) and Platform D (1541f with 32 if "L" dock; floating). The proposed access piers are ten feet in width (matching the existing marina structures and allowing for dock boxes and utility connections). An access pier is proposed and is designated as the "North Pier". The proposed North Pier is 269.271f and ten feet in width with a 74.51f "T" dock/breakwater mounted under the "T" dock at the waterward end of the pier. Shallowbag Bay is subject to choppy waters driven by frequent northeast winds. Often, the waters in the mooring areas at Marshes Light are too choppy for safe harbor. Therefore, the applicants propose to construct and install four wave attenuators/floating docks for a total. of 535.5 feet as shown on the proposed site plans. The floating wave attenuators/breakwaters along the proposed piers will be floating and a part of the pier itself as described above with the exception of the main attenuator which will be adjacent to the existing pier. The 3191f of wave attenuator along the existing pier will be constructed as a floating attenuator eight (8) feet in width and adjacent to the existing dock. Details of the floating pier/breakwater structures are shown on the attached details sheet. Ramps will be employed to access the floating piers from the existing fixed pier as shown on the attached site plans. Ramps will be 21 feet in length and 4 feet wide. q0 6 Two canoe and kayak launching platforms are proposed. Each0feet byXfeet platform will constructed parallel to either the access pier or boardwalk structures (boardwalk and North access pier as shown). The canoe and kayak platforms will be floating to provide a safe point of entry and exit for boaters. The kayak and canoe launches are available for the use of the community at large and will provide direct public access to Shallowbag Bay in areas sheltered from motor boat traffic. Kayak and canoe storage racks are proposed to be constructed in areas adjacent to the kayak and canoe launch to provide a place for kayak and canoe storage by residents or businesses as allowed by the Town of Manteo. Details of the kayak and canoe launches and the storage racks are shown on Sheet 3 of the Site Plans attached as Appendix C. 3 The United States Army Corps of Engineers (USACE) has a navigation buffer of 52 feet from the existing federally maintained channels in Shallowbag Bay (Range 2). In addition, there is a private navigation channel used by the Shallowbag Bay Club (adjacent to Scarborough Creek) and the Manteo Sailing School. The appropriate navigation channels and buffers are shown on the enclosed site plans. The proposed marina expansion will not negatively impact the public use of; or navigation in, Shallowbag Bay. Near Shore Debris Removal/Rip Rap Placement There is an area of concrete debris and rubble that extends from the south terminus of the existing concrete bulkhead out into Shallowbag Bay approximately twenty to thirty feet. The concrete and debris is assumed to have been placed for shoreline protection in the past. It appears that approximately 35 feet of the existing concrete bulkhead is failing, contributing to the debris in the water and the erosion of the shoreline. The applicants propose to remove the concrete rubble from the water, break it up into smaller pieces and place approximately 105 sf of concrete material along the shore to protect the existing and failing bulkhead and eroding shoreline. In addition, the applicants propose to install approximately 150 sf of low profile granite or concrete rip rap sill parallel to the eroding coastal wetlands shoreline as shown on the attached site plan. The proposed rip rap will be placed an average of two feet waterward of normal water and in no instance further than five feet waterward of normal water. The rip rap sill will offer a measure of protection to the wetlands, bulkhead return and the upland peninsula. The location of the proposed rip rap placement is shown on the attached site plans. The marina contractor anticipates identifying and removing small concrete pieces in the water by hand and using a crane or excavator to lift larger pieces out of the water. The larger pieces will be broken up and placed along the shore line. There will be no excavation of the substrate. The marina contractor will use chains/ropes or a grabber bucket type attachment (capable of grabbing concrete chunks without digging into the substrate) to remove concrete too large to be manipulated by hand. It is estimated that 28 yards of material will be placed along the normal water line as indicated on the attached site plans and detail sheets. Proposed Impervious Parking An existing impervious parking area is shown on the enclosed site plan. In the August 7, 2007 CAMA Major Permit Modification Application, the applicants proposed to improve the existing gravel parking area with asphalt. This permit request does not involve improving the parking area with asphalt. Stormwater Management A Division of Water Quality Stormwater Management Permit.for the upland development of the site has been issued (DWQ State Stormwater Management Systems Permit No. SW7050611 with subsequent modifications). The proposed marina expansion will not increase the impervious areas of the site. Therefore, a Division of Water Quality Stormwater Management Permit or modification is not required. Water, Sewer and Solid Waste Disposal Potable water will be provided by Dare County. Sewer service will be provided by the Town of Manteo 4 n The development has received approval from Dare County and the Town of Manteo for extension of water and sewer service; respectively. The existing sewage pump out system is composed of a conventional pump out station that is connected to the Town of Manteo wastewater system. The applicants have retained the services of an experienced marina operator to oversee the daily operation of the marina. The "Dock Master" will be responsible for sewage pump out, disposal of fish offal and the daily operation of the marina. Daily Marina Operations The Town of Manteo has requested that the developer insure that the marina operates as a "Community Marina" that serves the Historic Manteo Development and the residents of the Town of Manteo. In response to this request, the developer has agreed to not allow commercial fishing vessels to operate from the marina. In addition, they have hired a Dock Master, Mr. Joe Chambliss, to enforce the marina regulations and have limited the scope of the proposed marina expansion. The developer has expressed an interest in certifying the new marina as an NC Clean Marina. An NC Clean Marina Application will be submitted for the marina operation when the construction is complete. 5 Ion NP-1 09_? 4g 9 APPLICATION for r Major Development Permit r rwv (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Marshes Light, Llc Historic Manteo Applicant 1: First Name MI Last Name Doug Anderson Applicant 2: First Name MI Last Name ?lf additional applicants, please attach an additional page(s) with names listed. Mailing Address Box City State = Rocky Mount NC ZIP Country Phone No. FAX No. 27802 USA 252 - 267 - 6754 ext. 252 - 261-8421 Street Address (if different from above) City State ZIP Email douganderson@boddienoel.com 2. Agent(Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Warren D Eadus Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 330 0 ext. 227 252 - 261 - 1212 ext. 227 FAX No. Contractor # 252 261 1260 Street Address (if different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949- Email weadus@quible.com <Form continues on back> r.wat ?ra?Fi .. =a.?i 4 1=_., f, A <. .9 SR e; e;'a ?i .xS to sm'.a` -: °..;:`Erw,._...-.. Form DCM MP-1 (Page 2 of 6) APPLICATION for Major Development Permit I Project Location County (can be multiple) Street Address State Rd. # Dare 200 Dartmoor Street Subdivision Name City State Zip Historic Manteo Manteo NC 27954- Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 475 - 9863 ext. 025557000, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Shallowbag Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Roanoke Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Manteo 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 3,343 If-taken from survey of property calculated using 940,781 sf Autocadd software, c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 940,781 sf, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4.5'-5.0' ?NHW or ®NWL e. Vegetation on tract The site is dominated by areas of intense development with maintained grasses and landscaping. The freshwater wetlands located on the south of the marina basin are do i t d b m na e y P. australis. A wetlands fringe surrounding the on site pond has been replanted recently with native vegetation. A large expanse of coastal marsh lies adjacent to Shallowbag Bay and i mmediately south of the marina basin. f. Man-made features and uses now on tract The site is being developed with hotels, commercial retail buildings with apartments above, condominums, town-homes and single family residential lots. There is an existing marina on site that offers moorin s for 60 vess l f i g e s o var ous sizes. The site also has three fish cleaning stations, one sewage pump out location and a Harbormaster Shed. g. Identify and describe the existing land uses adjacent to the proposed project site. Adjacent land to the west is occupied by the College of the Albemarle (formerly the Manteo Middle School). The site is bound to the north by the Town of Manteo and by Shallowba Ba to the e t L g y as . and to the south of the site is dominated by coastal marsh (J. romerianus). h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? B-2 (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ?No ?NA If yes, by whom? Environmental Sciences, INC.; please see Appendix IV in SEPA EA Report. 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? 252-808-2808 .. 1-888-4RCOAST :- www.nccoastaImanagement.net Form DCM MP-1 (Page 3 of 6) APPLICATION for Major Development Permit <Form continues on next naae> M. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (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. Wastewater is being provided by the Town of Manteo wastewater system. o. Describe existing drinking water supply source. Potable water is being provided by Dare County. p. Describe existing storm water management or treatment systems. A Stormwater Management Plan was developed and permitted for the site through the Division of Water Quality (SW7050611 and Three Modifications). The stormwater system uses curb and gutter to collect stormwater from impervious areas of the site. The stormwater is directed to a series of sand filters and bio-infiltration ponds for treatment. A modification was issued for the existing gravel parking area that currenty has no stormwater treatment. The applicant does not intend to improve the existing gravel surface adjacent to the man made marina basin. Therefore, State Stormwater permit SW7050611 MODS will not be implemented. A copy of the Stormwater Permit No. SW7050611 MOD3 has been included with this permit application. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ® Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed project is the expansion of an exisitng marina to accommodate the Historic Manteo Development. Marina expansion will require the extension of water and electric service to the proposed piers and docks. Daily operation of the marina will by typical for a non-commercial marina with mooring provided for residents and visitors to the Town of Manteo. A Dock Master will oversee the daily operations. 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. Construction of the marina will require the use of barges, small boats, cranes, delivery trucks and other conventional equipment as required by the marina contractor(s). Exact number and type of equipment will be determined by the contractor. The installation of associated infrastructure will be performed by licensed contractors and will be subject to inspection by local and state building, fire and code enforcement officers. 252-808-2808 ., 1-888-4RCOAST .. vuva w.nccoastailmanagement.not Form DCM MP-1 (Page 4 of 6) APPLICATION for Major Development Permit d. List all development activities you propose. Proposed activities that require CAMA Major permitting include; construction of three floating platforms and one floating pier, 98 additional wet slips (see site plans for slip details and dimensions), 47 finger piers, four wave attenuators, two floating canoe and kayak launches and two kayak/canoe storage racks, placement of 150 sf of low profile rip rap sill, 105 sf of rip rap shoreline protection which involves the reuse of concrete debris from a failed portion of bulkhead. Three platforms will extend south from the existing fixed access pier (Main Pier). For the purposes of this permit, the platforms are designated as Main Pier "A" (existing and fixed) Platform "B" (204.35 If with 77 If "T" dock/attenuator; all floating) Platform "C" (195.29 If with 65 If `T' dock/attenuator; floating) and Platform "D" (152 If with 32 If "L" dock; floating). The proposed platforms are ten feet in width (matching the existing marina structures and allowing for dock boxes and utility connections). A floating pier is proposed and is designated as the "North Pier". The proposed North Pier is 269.27 If and ten feet in width. One walkway is proposed to access Platform D. The walkway is 50 ft. by 10 ft. along the shore. Each of the "T" head platforms and the main floating platform adjacent to the existing Main Pier "A" will double as wave attenuators: Main attenuator adjacent to existing pier (±319 If x 8 ft wide), Platform "B" (77 If by 8 ft wide), Platform "C" (65 If) and a 74.5 If by 8 ft. wide "T" dock and wave attenuator at the end of the North Pier. The marina has an existing rip rap breakwater located underneath the existing platform at the entrance to the man made basin (shown on attached site plans). The north-south running existing pier (Main Pier); used to have a wooden breakwater attached to the pier that has fallen apart. The applicants propose to construct a total of 535.5 linear feet of wave attenuators as shown on the proposed site plans and described above. The floating attenuators will serve as "T" docks and as a mooring platform along the outer existing dock. The 319 If of wave attenuator along the existing pier will be constructed to act as a floating breakwater and access platform to the existing dock. Details of the floating and fixed pier/breakwater structures are shown on the attached details sheets. Two canoe and kayak launching platforms are proposed. Each pier will be constructed parallel to the boardwalk and North access pier as shown on the attached site plans, the piers will be floating to provide a safe point of entry and exit for boaters. The kayak and canoe launching piers will be 90 feet long and six feet wide. The piers will be constructed with ramps at either end for access from the North Pier and community boardwalk; respectively. The kayak and canoe launches are for the use of the community and local business as allowed. Kayak and canoe storage racks are proposed to be constructed in areas adjacent to the kayak and canoe launch to provide a place for kayak and canoe storage by residents or businesses as allowed by the Town of Manteo. Details of the kayak and canoe launches and the storage racks are shown on Sheet 3 of the attached site plans. There is an area of concrete debris and rubble that extends from the south terminus of the existing concrete bulkhead out into Shallowbag Bay approximately twenty to thirty feet. The concrete and debris is assumed to have been placed for shoreline protection. It appears that some of the existing concrete bulkhead is failing, contributing to the debris in the water and the erosion of the shoreline. The applicants propose to remove the concrete rubble from the water, break it up into smaller pieces and place approximately 105 sf of the concrete material along the shoreline to protect the existing failing bulkhead and eroding shoreline. In addition, the applicants propose to install approximately 150 sf of low profile granite or concrete rip rap sill parallel to the eroding coastal wetlands shoreline as shown on the attached site plan. The proposed rip rap will be placed an average of two feet waterward of normal water and in no instance further than five feet waterward of normal water or higher than one foot above normal water level. The rip rap sill will offer protection to both the coastal wetlands and the upland man-made peninsula. The applicants propose to relocate the position of the Ships Store retail building. The permitted ships store location lies within the former Salty Dawg Marina Ships Store footprint. The newly proposed location is outside of this footprint, however the newly proposed location will impact approximately 278 fewer square feet of Section 404 non-coastal wetlands. The Ships Store will be pile supported and there is no proposed wetlands fill associated with this request. The applicants also propose to install two 8,000 gallon Under Ground Storage Tanks and two fuel dispensers as shown on the attached site plans. This location was shown for Above Ground Tanks in the SEPA EA Report and asscociated maps that received a FONSI. Le. Are the proposed activities maintenance of an existing project, new work, or both? Both hat is the approximate total disturbed land area resulting from the proposed project? 5,400 sf ®Sq.Ft or ?Acres . Will the proposed project encroach on any public easement, public accessway or other area ]Yes NNo ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. The proposed development activities will not increase the permitted impervious surfaces of the site (please reference the attached Stormwater Permit SW7050611 and MOD. Therefore, a State Stormwater Permit application or modification will not be required. There are no proposed discharges to waters of the state. 252-808-2808 ., 1-888-4RCOAST :- www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 6) APPLICATION for r, Major Development Permit i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA j. Is there any mitigation proposed? ?Yes ?No ®NA If yes, attach a mitigation proposal. <Form ennfiniiaQ nn hoe-I,, 6. Additional Information In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including 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, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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 The Town of Manteo Phone No. Address PO Box 246 Manteo, NC Name Luther Daniels Phone No. Address 100 Grenville Street Manteo, NC 27954 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. DCM CAMA Major 124-05 with Modification and refinements, NC LQS Erosion and Sedimentation Control Plan No:.2006-003 DCM General Permit A46369 NC DWQ Stormwater Permit SW7050611 and MOD Public Water Supply Section ID:.04-28-020, Dare County h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) 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 of public 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 this 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 l ' , l Print Name IN "4W r us c.. .:R e 51 `.o- 8C1r"sr n„ ne-;s... .5 '1? C 0 us. o> „, Fr rt?«i, t` X:.":&cn a. 1a b c ,fir. -. .. Form DCM MP-1 (Page 6 of 6) Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information APPLICATION for Major Development Permit ' r du a a.. 'n 1Q ?_..,e? a? ? {:t,?.T G.;v, «,..9.'$ Form DCM MP-2 EXCAVATION and FILL (Except for 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. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other C (NLW` or hannel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL Breakwater shoreline stabilization Length 50 Width 3 Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ED This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include 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 ?SB ?WL []None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL 0This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? []Yes []No []NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any 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 ?SB ?WL []None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? []Yes ?No ?NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes ?No ?NA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-88€8-4RCOAST :: w w.nccoast_a1mani 9e grq.net revise& 12128106 . Form DOM Pat (Excavation and Fill, Page 2 of Sp 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b ?Bulkhead ®Riprap ®Breakwater/Sill ?Other: c. Average distance waterward of NHW or NWL: 3 e. Type of stabilization material: Granite and reclaimed concrete rip rap g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 105 sf Breakwater/Sill 150 sf Other i. Source of fill material. Reclaimed concrete from near shore and granite rip rap. d ? This section not applicable Length: Proposed 50 If feet of low profile rip-rap sill and 35 If rip rap reinforcement of bulkhead Width: Sill-3 feet rip rap along bulkhead approx 3 feet Maximum distance waterward of NHW or NWL: 5 feet f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. Overlays of shoreline from 1997 to present indicate one to two feet of erosion along the shoreline. The area where the bulkhead is failing has scoured out during the last few years with some noticeable sloughing along shoreline immediately adjacent to terminus of concrete bulkhead. The rip rap and low profile sill are an attempt to protect the relatively thin area of Section 404 non coastal and coastal wetlands located between the upland peninsula and Shallowbag Bay where the existing parking area and Dock Master shed are located. h. Type of fill material. Concrete and granite rip rap. 4. OTHER FILL ACTIVITIES EThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ?Yes ?No ?NA b. (i) Will fill material ha nlaroa IT yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? There is an existing erosion and sedimentation control permit for the overall development that covers any remaining upland development. This permit application requests the relocation of a permitted retail shop that will not require any formal modification to the SESC permit. A copy of the SESC permit has been included as an Appendix to this permit application. 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 ?SB ?WL ?None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Cranes, front end loaders and other equipment capable of moving concrete and granite rip rap to the site. Low profile granite rip rap will be placed along the wetlands shoreline using a barge, long reach excavator and/or manual labor. C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ?Yes NNo ?NA site? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 :: I-888-4111C OAST wwvr rlccoastaiman4gggmpki!- ct revised: 12,126/06 Date Project Name Ms fil?i? . LLC Applicant Name r.. f Applicant SigWure Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. Relocation of one 1,900 sf retail building. The permitted location of the building is sited almost entirely within wetlands as was the original structure. The applicants propose to move the building 60 feet to the east. The proposed relocation will remove 615 sf of the structure from wetlands. As permitted, the structure will be pile supported. The applicants also propose to install two 8,000 gallon USTs and associated infrastructure as shown. b. Number of lots or parcels. Formerly 5 parcels conveyed as one parcel in 2006. C. Density (give the number of residential units and the units per acre). No additional residential units are proposed as part of this CAMA Major Modification. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ?Yes ?No ONA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 750 sf for UST concrete pad. Project total is 23 percent- CAMA Permit 124-05--proposed concrete pad has a negligible effect on impervious coverage calculations. i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 23 percent. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. The applicants propose to disturb 5,400 sf of uplands. 1,900 sf-area of building relocation-building approved in different location in previously approved CAMA Major Permit 124-05. The installation of the UST system will involve an additional estimated 3,500 sf of distrubance. The proposed development does not require the formal modification of the Stormwater or Soil Erosion and Sedimentaion Control Permits. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Impervious surfaces are limited to the permitted building that is requested to be relocated and the concrete pad required to be constructed over the proposed USTs. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ?No ?NA (ii) If yes, list the date submitted: SW7050611 with modifications. j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local 252-808-28082 :: 1-888.4RCO/AST :: www.nccoastatrnanagerngast_net revised: 12126106 All sewage will be handled by the Town of Manteo approval? wastewater system. ®Yes ?No ?NA If yes, attach appropriate documentation 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). There are no proposed discharges to waters of the State associated with this permit request. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Drinking water will be provided by Dare County Public Water Supply. o. When was the lot(s) platted and recorded? Original 5 lots (Huldah Turner and Camille Schiff man Subdivision) were platted prior to 1966--newly conveyed as one parcel in January of 2005. M. Does the proposed project include an innovative stormwater design? ?Yes ?No ®NA If yes, attach appropriate documentation. n. (i) Will water be impounded? ?Yes ®No ?NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ?Yes ®No ?NA Date ' M G ?? IZS??(L(a? Project Name I? ??tGlf- r LL ?- Applicant N me Applicant fthature Form DCM MP-4 STRUCTURES - j (Construction within Public Trust Areas) 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 FACILITY/MAR/NA CHARACTERISTICS E] This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ?Commercial ?Public/Government ®Private/Community ®Yes ?No c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length North Pier (269.27 If) (iv) Width 8 ft. (v) Floating ®Yes ?No e. (i) Are Platforms included? ®Yes ?No If yes: (ii) Number 11 (includes "T" head wave attenuators and platforms and Kayak/Canoe launching platforms as well as the main wave attenuator) (iii) Length Please see attached Table-MP-4 Addendum- (attached to this form) for sizes of all proposed platforms (iv) Width Please see attached Table. (v) Floating ®Yes ?No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 98 (ii) Number of slips existing 60-reconfigured from old layout offering 62 slips d. (i) Are Finger Piers included? ®Yes ?No If yes: (ii) Number 47 (iii) Length Varies from 9 feet to 12 feet (iv) Width Varies from 2 feet to 3 feet (v) Floating ®Yes ?No f. (i) Are Boatlifts included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 158 at build out ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ® Other, please describe: Kayak and canoe launch platforms (2) i. Check the proposed type of siting: ? Land cut and access channel ?Open water; dredging for basin and/or channel ®Open water; no dredging required ?Other; please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Typical boats will be mixed- open run-abouts sail boats and pleasure cruisers Charter boats are not allowed to dock at the facility k. Typical boat length: 25 feet I. (i) Will the facility be open to the general public? 2 ?2-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanp ?ement.net - - revised. 12i27/06 Form DCM MP-4 (Structures, Page 2 of 5) m. (i) Will the facility have tie pilings? ®Yes ?No ®Yes ?No (ii) If yes number of tie pilings? 162 2. DOCKING FACILITYAWARINA OPERATIONS 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: 6; Location: On site located inside the ships store. ® Showers ® Boatholding tank pumpout; Give type and location: Existing permanent pump out station located inside harbor as shown on attached site plans. b. Describe treatment type and disposal location for all sanitary wastewater. All sanitary wastewater will be pumped from the sewage pump out station to the Town of Manteo sanitary sewer system via dedicated sewer service line powered by in-line sewer pump. c. Describe the disposal of solid waste, fish offal and trash. Dumpsters will be provided for solid waste. Fish offal will be placed in dedicated covered containers located at each of the three fish cleaning stations as shown on the enclosed site plans. d. How will overboard discharge of sewage from boats be controlled? Appropriate signage will be installed around the basin and site. A Dock Master will oversee the sewage pumpout and overall operation of the marina on a daily basis. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. One no sewage discharge sign is proposed at the pump out station shown on the enclosed site plans. (ii) Give the location and number of "Pumpout Available" signs proposed. One pumpout available sign will be placed at the pump out station. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. Boat maintenance is not allowed in the marina. A Dock Master has been hired to enforce the rules of the marina. There will be no servicing of boats or on site storage of industrial pollutants or. Pre packaged oils and petroleum products for retail sale (from the on-site fuel system) will be offered by the Dock Master for the convenience of the marina patrons. g. Where will residue from vessel maintenance be disposed of? Vessel maintenance is not allowed within the marina. h. Give the number of channel markers and "No Wake" signs proposed. A "No Wake sign will be placed at the entrance to the marina at the south end of the existing dock. Channel markers are not required. L Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live-aboard dockage? No live aboard dockage will be allowed, boats will be allowed to dock overnight. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaqement.net revised: 12/27106 Form M MP-4 (Structures, Rage 3 of 5) k. Describe design measures that promote boat basin flushing? The basin is an existing man made basin reportedly cut in the 1950's. Maintenance dredging of the entry channel and exisiting slips was addressed in DCM CAMA Major Permit #124-05. I. If this project is an expansion of an existing marina, what types of services are currently provided? The former marina offered wet slips, dry stack storage (according to the former owner nearly 300 boats were stored in the dry stack and outdoor racks), major boat maintenance and repairs, boat towing, petroleum products and marine equipment for retail sale. m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ENo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 300.562 sf ?SAV ?SB EWL 72.488 []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ENo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (i) Is the boathouse structure(s): []Commercial []Public/Government []Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) E This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) a. Length Four separate breakwaters; three installed as b. Platforms underneath the T Docks and one main attenuator all totalling 535.5 If. The attenuators all double as floating platforms designed to dampen wave energy. ? This section not applicable Average distance from NHW, NWL, or wetlands 200 ft. (range of -80 to 320 ft) Breakwaters/wave attenuators are proposed to be attached and a part of the existing pier and constructed within the footprint of the proposed piers with the exception of the main wave attenuator which will be attached to the main existing pier as shown on the attached site plans C. Maximum distance beyond NHW, NWL or wetlands avg. 320 ft. 252-808-2808 :: 1-888-4RCOAST :: WWw.nccoastalmanagement.ne2 revised: 12127106 Form D CM MP-4 (Structures, Page 4 of a) 6. MOORING PILINGS and BUOYS ® This section not applicable t ,. ?Commercial ?Public/Government ?Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Approximately 400 feet from the south riparian property boundary and approximately 650 feet to the north riparian property boundary. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. The nearest docking facility are the Town of Manteo docks located approximately 450 feet to the north. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body > 2,000 feet d. Water depth at waterward end of structure at NLW or NWL The north pier is sited in three to four feet of water as measured at normal water level. Main Pier "A" and and the adjacent breakwater is proposed in ten feet of water on aveerage. Platforms "B". "C" and "D" are sited in five to six feet of water. All depths are relative to normal water level Floating piers draft approx. 10 to 12 inches of water. Double stack attenuators draft 26 inches of water (North Pler "T" head) and the main attenuator will be a triple stack which drafts approx. 46 inches of water. e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER 0This section not applicable a. Give complete description: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaiman.iqerret-it.net remised: 12,27/06 Date Project Name ail Uzls s G 6 c . Lc Applicant Name Applicant Signature Table DCM MP-4: 1. (e) Addendum e e r{' ^ f?tl?nt-+{}? _ v North Pier "T" 74.5' 8' Yes Yes-under platform Platform "B" 203.45' 10' Yes No Platform "C" 195.29' 10' Yes No Platform "D" 154' 10' Yes No Platform `B"-T 77' 8' Yes Yes-under platform Platform "C"-T 65' 8' Yes Yes-under platform Platform "D"-L 32' 8' Yes No Kayak/Canoe (N) 90' 6' Yes No Kayak/Canoe (S) 90 6' Yes No Main Attenuator 319' 8' Yes Yes Note: Please attach this table to DCM Form MP-4. 75.68 3{3333° W 75.666 6666° W 75 65 0 000° W ' . bloLhrr 'ineya d , e • + b 012E . Z + •' a.` Baum Point o ° 1 • + SS {y` *70 ?lv yy to - - - Y' . }? L 6m, i's cl) M „• .: ::Verri, f ' pm Ballast P i t • .. t,, ?? , . tt f o n Marshes ' ;.• : •+`?•,• P Sandy Point Larc _ 4 A Light; LLC ' % S Ol h lowba Bay + r• , L!Qht °- is ! Paveh .. C4p?4k , +" •* + . , ? , , f 'nom 4' Wfi 0?. 3 ° + ?..' •,?Wei! Ptelcf> '' - 112! sn' e X60 . Z o Ln Turn • 1. ... t/ (D } ? _. - .. ttlf 1. - ". r5 s . t 1 - ? Sand o + int Z Cl) co a neti De linat n _ co Cl) l.lf ..... ,3'. a •.i -... _ CO Ashbee Harbor SCALE 1:24000 w 0 1 MILES 0 1000 YARDS + 0 1 KILOMETER 11°W Name: MANTEO Location: 035.8976358° N 075.6680274° W NAD 83 Date: 8/4/2008 Caption: Appendix A Scale: 1 inch equals 2000 feet USGS Topographic Quadrangle Manteo, Dare County Copyright (C) 1998, Maptech, Inc. - A4 QIAA s 00??' iv LA 7 Norm NCDER Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., secretary July 1, 2007 Quible and Associates PO Drawer 870 Kitty Hawk, NC 27959 09 _ CQASTgt ZQ(?? Dear Sirs: Elizobr C@h1erT Enclosed please find a response from the North Carolina (State) Environmental Policy Act (SEPA) coordinator concerning the Marshes Light environmental document review. The coordinator has indicated that because of the nature of the comments received during the State Clearinghouse review, no further environmental review action is required under SEPA. Please feel free to contact me by phone (252 808-2808) or by e-mail at (doug.huggett@ncmail.net) if you would like to discuss this matter further. Sincerely, Doug Hugge Major Permits and Consistency Coordinator cc: DCM, Elizabeth City 400 Commerce Avenue, Morehead City, North Carolina 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 i Ri SWFv UG 0 9 North Carolina C' O STAt Department of Administration Oi? Michael F. Easley, Governor Britt Cobb; June12,2007 Secretary- Mr. Doug Huggett N.C. Dept. of Env. & Nat. Resources Div. of Coastal Mgt. 400 Commerce Avenue Morehead City, NC 28557 .;.. ?Ofl j Dear Mr. Huggett: Re: SCH File # 07-E-4300-0337; EA/FONSI; Proposal for ex It 0 Light Development in Dare County; includes 1116- new sli pansion ps, associated piers, Marshesc'?'f infrastructure peers, finger pi ers & The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made by agencies in the course of this review. Because of the nature of the comments, it has been determined that no further State Clearinghouse review action on your part is needed for compliance with the North Carolina Environmental Policy Act. The attached comments should be taken into consideration in project development. Best regards. Sincerely, Ms. Chrys Baggett Environmental Policy Act Coordinator Attachments cc: Region R Mailing Address: 1301 Mail Service Center Telephone: (919)807-2425 Fax (919)733-9571 Location Address: Raleigh, NC 27699-1301 116 West Tones Street State Courier #51-01-00 e-mail Chn's.Ba8gett@ncmail.net Raleigh, North Carolina An E9ual Opportunity/Affirmative Action Employer ATTACHMENT 11 TYE TOWN OF At, I&I pRC)SPER December 16, 2008 Mr. Frank Jennings NC DENTR Division of Coastal Management 3617 US Highway 17 North Elizabeth City, NC 27909 RE: Marshes Light Development Manteo, NC Dear Frank: The Town of Manteo Board of Commissioners has reviewed and approved an updated Marina Site Plan for the Marshes Light Development. Mr. Warren Eadus submitted to me a draft copy of the CAMA Major Application and I have reviewed and found it to be constant with the Town's Zoning Ordinance, Land Use Plan and permits that have been issued for this project. Please contact me if you have any questions regarding this item. Sincerely, Erin Trebisacci, Town Planner cc: Mayor and Board of Commissioners Planning and Zoning Board Warren Eadus Lee Whitley Kermit Skinner File 407 BUDLEIGH STREET • P. O. Box 246 • MANTEO, NORTH CAROLINA 27954 •252-473-2133 FAx: 252-473-2135 WEBSITE: TOWNOFMANTEO.COM EMAIL: INFO@TOWNOFMANTEO.COM ?CAMA / O DREDGE & FILL N° 4636 GENERAL PERMIT ONew ?Modiflcation ?Complete Reissue ?Partial Reissue Previous permit # tDate previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC `/ . OCC . Rules Namef?/e$`jf? 5 i?attached Project Location: County 04 ?L--1 C1) tl nu' Address ?o 150 ? `j' fJ Street Address/ State Road/ Lot #(s) City ?eCt State At tzlp 9 6 s "flee Phone # (,Sa) ,2rml ?? Fax # ( ) S bd' ' Authorized Agent Affected O Cw AEC(s): O OEA ? PWs: ORW: yes / WW $ PTA ? ES 0 PTS ? HHF 0 IH ? UBA 0 N/A ? FC: PNA yes / // Crit. Hab. yes u ivision City_& &EbC,0 ZIP Phone # ( ) v Er in lai9sr (l?TI? iyi Adj. Wtr. Body _9.411 &,1% y a /gPunkn' Closest Maj. Win Body Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore i max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV notsure yes - no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no Application Fee(s) lease read compliance statement on back of permit" a e"S Check # Permit Officer s Signature G fj 2 (? Cl IssuirIg Da pira on Date Local Plannnp lunsdiction , ., , , A building permit may be required by: / f?ttlN Of /(W,V7-e- ? See note on back regarding River Basin rules. Notes/ Special Conditions ? ?, o2Qrr3'p Type of Project/ Activity Rel)Aii ju AlAc-,- 4o turicJ J_ - l.. ? na_ __ - u cocc,4r m-,i6 To:2522611260 P. 2/3 1?CflTtlt C1aS3 MODIFICATION/MINOR Peraiit Number .12d-0.5 (AM.MENDE,D) STATE OF NORTH CAROLINA Dapanm.cnt of Environment and Narural Resources and Coastal Resources Coinrmss'o' for X Major Development in an Area of Environmental Concern pursurtnt to NCCS 113.A-1.18 Y Excavation and/or f I ling Pursuant to NCCS 113-229 Issued to Marshes Light, LLC PO B1ox 190$ Rook Mount, NC 27802 Authorizing development in Dares Courity at Shallowha? L3av, 3 l U Fernando Street, eo , as requested in the permittee,s application dated letter dated 11/ 1/06 inrl atmchcd workplrui drawing dated 10131106 This perniit, issutd otl.?.?ebrauty G 2007 . is subicut to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and Motes set forth below. Any violation of these temis may be subject to Pincs, imprisonment or civil action; or may cause the pennit to be null and void. 1) Unless specifically altered herein, this minor modification authorizcs the following activities all as depicted in the attached workplan drawing; ' a) An increase in the width of, 2,447 linear feet of previously authorized woodcn boardwalk from 8 t;cct to 10 1:cet, b) The construction of an additional 495 linear feet of wooden walkway around the southern side tit the existing basin, ; c) A relocation of the. duel dispensing system, and d) The construction of a. 180 square foot, pad to hold an electrical transformer. 2) The trantiformer pad shall, which has been determined to be an impervious surface, shall not lead to an increase of impervious surface within the 30-trot coastal shoreline buffer. Tn order 'to ensure compliance with this condition! the location of the transformer pad shall 'be approved on site by a. Division represcntarive prior to construction v +u d This pe lit action May be appealed by the pcrmittee or other tµialified parsons within twetlt'y (20) tltyti or the issuing dine. An t?ppCal MuirC9 rCSulutiun prior to wurk initiation or continuance as the case may be. This permit must be accessible on-site in Dep-irtaneut pcrticmncl when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must ccuw when thv pcrrnit vxpires art Dcee-Mbe>r 31, 2008 In issuing thizi permit, the Stuta aP North !Curulina agrees that your project is consistent with the North Carolina Coastal Management Probrarn. W, epa . (Sce attached sheet for Additional Conditions) Signed by the authority of the Secretary of DENR and the chairmatl of the Coastal Resources Commission. ??DiVi.qic)n Charles ;S. Jones, :Director Of Coastal Managernen,t This pennit and its conditions are hereby .accepted. Stnature ofPcrtmuce Racelvad 02-06-2007 06:1Tpm From-2522AT3330 To-QUIBLE&ASSOCIATES Page 002 Marshes Light, LLC ? Permit #124-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) Any portion of, the permitted boardwalks and/or walkways built over, coastal wetlands shall not exceed ix feet in width and shall be elevated a. minimum of three feet over the wetland substrate as measured from, the bottom of the decking. N 0 1% This permit does not eliminate the need to obtain any additional state, federal yr local ermlits approvals or authorizations that may be rcyuired. p 4) This minor modi ((cation shall be attached to the original of Pennit No. 124-05, which was trangfcued the permittee on 10/24/06, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 5) All conditions and stipulations° of the active permit remain in force under thi.s minor modification unless specifically altered herein, Racalved 02-06-200T 06:ITpm From-2522473330 To-gL11BLE&ASSOCIATES Page 003 Quible Quible & Associates, P.C. 870 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING P.O. Drawer Kitty Hawk NC 27949 949 SINCE 1959 Phone: 252-261-3300 . 1-: 252-261-1260 PRINCIPALS June 5, 2007 Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. ValdMeso, P.E. ASSOCIATES Joseph J. Anlaut P.E. Mr. John Cece Katherine C. Marchello, P.L.S, Division of Coastal Management 1367 US Hwy. 17 South Elizabeth City, NC 27909 Re: Marshes Light/ Historic Manteo Letter of Refinement CAMA Major Permit #124-05 Mr. Cece: As discussed in a telephone conversation on June 4, 2007, this correspondence serves as a letter of refinement for the proposed change in the construction of the 10 feet wide boardwalk at the above referenced development. The proposed refinement in the development plan is the construction of a tree well around a mature cedar along the Shallowbag Bay waterfront. The Town of Manteo has requested that all remaining mature trees'be preserved at the development. The proposed tree well does not constitute an increase in square footage or linear feet of boardwalk. Attached with this letter are an overall site plan with the subject area identified, a close up of the tree well and a details sheet with the dimensions of the proposed refinement. Please do not hesitate to contact the undersigned at 252.261.3300 or via email at weadus@quible.com if you have any questions or require any additional information related to this project. Sincerely, arren adus, L.G. cc Kitty Hawk Land. Company file enc as stated ??- _..-SLIP 2 o `a --rte SLIP r?- __ L ° SLIP 16 N .r 00 V .._.._.._.._?.. _.._?.._.._.._.? M N co co 17 U? N - co Z N +? _ 18 Co Ila c: CJ - ............ -------- .......... n 19 M © ?. N y;m C4 0 [S 20 r s ?Z co r 21 a rp N ? C.0 22 N ? ? C 23 _-- w N 24 w I CA p I ? 42 25 I c? CA o I I 26 I _.._.._?.._.._.?.._.._.._. I 1 2 \ \ I 1 \ ?7 17 \ _.._.?.._.._.._. \ fT1 1 \ m \ FUEL SLIP 28 \ \ Lr ---- \CD 1 i FUEL SLIP 29 \\ `? `?\ 30 ?? i 31 ` \ ..._.._.. ®° a Quible Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk NC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Phone: 252-261-3300 SINCE 1959 Fax: 252-261-1260 PRINCIPALS October 8, 2007 Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdlvieso, P.E. ASSOCIATES Mr. John Cece Joseph J. Anlauf, P.E. Division of Coastal Management Katherine C, Marchello, P.L.S 1367 US Hwy. 17 South Elizabeth City, NC 27909 Re: Marshes Light/ Historic Manteo CAMA Major Permit #124-05 Mr. Cece: As discussed in a telephone conversation last week, this correspondence serves as a letter of refinement for the proposed changes to the existing CAMA Permit at the above referenced site. The proposed work includes two fish cleaning stations with water and the addition of a slotted wood utilities platform for sewage pump out machinery. The proposed utilities platform is required to elevate the sewage pump out machinery out of the flood zone. The existing marina does not currently offer sewage pump out. However, sewage pump out locations have been permitted through a CAMA Major Permit #124-05 and subsequent modifications and refinement. A refinement of CAMA Major Permit #124-05 (plat dated 06/05/07) shows the two sewage pump out locations along with the fuel system location. The applicants propose to site three fish cleaning stations within the permitted wooden pier and walkway alignments as shown on the enclosed site plan. In addition, the wooden utilities platform is proposed to support the sewage pump out pump. Attached with this letter is an updated overall site plan and blow ups of the footprint for each proposed fish cleaning station and utilities platform. The proposed structures will be constructed of slotted wood. The sewage pump itself is a peristaltic pump measuring approximately 2' by 4'. All sewage will be pumped into the Town of Manteo sewage system and treated accordingly. The fish cleaning stations will be T wide by 8' long tables with water hose. Signs and information will be posted at each cleaning station directing users to dispose of fish offal (carcasses) in approved containers located at each station. Marina personnel will be responsible for cleaning the stations and disposing of the offal in on site dumpsters. If the above described changes are not able to be processed as a letter of refinement to the existing and valid LAMA Major Permit #124-05 (expires Dec. 2008) please notify this office accordingly. Please do not hesitate to contact the undersigned at 252.261.3300 or via email at weadus @quible.com if you have any questions or require any additional information related to this project. Sincerely, Warre "Eadus, L.G. cc Kitty Hawk Land Company file enc as stated Frl z r? !i= 1 O 0 - 4- = 1 O I 1 ?, 0 0 D Cp C-) 0 ?1= * cj-) -0 - ? ?u CI -j _= S 0 0 D O z Cf) C/') m o o m o ? I= I D ? D cn J O O z ? (1= O 00 0 C --i 7D (-FTI D O ?z ?1- <_._ t _T f ? 1 1= , 1 f 1 E? 1 Air F 1 3 11 f _ k A o u ?\ O J N 0. C) D --i 0 t I 0 C) N 0 0, o 0 1 1 1 __wt JLL-18-c'008 dy:5( From:L)C:M MHL) TY To: 912522611260 P-.1 /:) permit Class MODIFICATYONJMINOR. Permit Natber ? 124.05. STATE OF NORTH CAROLINA Departmerit of Envirunment anti Natural Resources and . Coastal Resources Commission r. for 7C_ -Major Development in an Area.of Eavixomnental Concern a , pursuant to NCG5" 11.3A-1.18 _ , _.Excavatiou arW r. falling pursuant to'NCGS 113-229 Issued to Marshes •Lii ht LLL` PO'Jgox Zt9o Rock Mount NC 27$42 ` Au thorizing development im Dare :County at lowba -Ba ;i10 Fenando Stye t MantcQ _. , as requested in thepermittec's application letter.. the°auached wnr lan "'ins 3 2 un t nei and-1 dated 4/Y7/ This permit, issued on - , is subject io compliance-will. the application (w cre,consistent with the permit), it11'<<pp7icable regulations, special conditions and "notes set forth below.. MY violation of these terms play be subject to 'fines, Urrprisobmcnt or civil`action; or rrtay cause tfie permit to be null and void, 1) U dus nless specificaU.y altered hereini in accordance- with kA NC' AC 071 l 0209(g), Urbaa Waterfront, minor moclificatioti authorizes the addition, of. the Hilrbor. Master shed, wooden walkway, all as expressly and specifically see `Forth: m the. attacbe?nd the 240 d :t.ettcr and wlorkplan. drawings: o..other structure, wheiher floating or `stationary, :shall become a permancn(par`t of this (.agility witlipot further pcrrriit nioditicatiori. Any, addidMal label disturbing:. activities aad/or. construction rjiiiy zeiluira a'tngdification of this permit. Contact a'Division of C'.oagal Management representative of {2.52) 264,3901 -for this determination. .(See kt:a hcd sheet for Additional. Conditions)" f 'This -permit actiorx -may be ;appealed by.tht=permittce Or other qualified persons-' twCD0 (.20) days of the issuing date,. An appeal requires resolution prior to'work initiation or continuance as the cast may be. This permit -must be accessible on•site to Departmont personnel whcn•the project it; inspected for compliance. Any maintenatlce work" nr..ptojtct ingdificatibn not covered hereunder requires further Division approval. All wv* must rme-when,the permit e4 res po. December 31', 2008 (n issuing this permit..the State of North Carolina agrees thar your project.is-consistent with the North Carolina Coastal Management Program. Signed by the;'authoiity of the.Secretary of DERR and the Chalrmmm of the'CPnstil'tesourcP$:Commission, times ki. `Grcgso>a,l7irector Division°of Coastal Mall4gement: 'fhiS permit and its condirions -are hereby'accc pled., ` Signature of Pertnittee JUL-W-2008.09:38 From:DCM MHDCTY To:912522611260 Page:Zi2 MaIrshes Light- UC Pcrrmit. # 124=45 Page 2 of 2 ADDITIONAL CONDITIONS 2J. This minor modification shall be attached to the original of permit 1`Io. 124-05, which w` txanSfcFrcd to the perxartttc, on 10/24I06, as well 'as all subsequent modification, ,",end",copies. 0f all documents sk?alT be readily available on site when Division pcrsonriei inspe6t rite pioject for cotripli rice: 3) All conditions, arzd stipulations of the activepcrrrxit retrain force under this rziinorm spccifically altered herein, odification, unless 4) This pcrrrtir shall`-not be assigned, transferred,.sold, or otherwise-:disposed of to a "thud wurri:tten" approval of the Division of Coastal IVfanagtrncnt, if required. party without the NOT>G: This Permit does not eliminate the need to obtain any adiiitivrtat-state, feder' approvals or. autfionzadons that.nay be required, including-but not limited to. inoditiedrmtts, $tounwa er lvlanagement Platt. MAJOR PERMIT FEE MATRIX Applicant: MARSHES LIGHT, LLC; Maior Modification to #124-05 Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial Ej development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- • commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial • development, if General $400 100%($400) 0%($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water • Quality Certification No. $400 60%($240) 40%($160) 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: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490 (see attached) cannot be applied: IV. For development that D involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: 1996 AERIAL PHOTOGRAPH SAVI-TY DA" MARINA PROPERTY SCALE ltt-.,200* N W- E �T s MA z " z w O U -? H U o o Y o w OL V U -, a Q ° w° in 0 w ? Q LLJ ?. Q e x ?L OL u? ?/ U r1] x CC) 0 ED n x Q $° U sz -Fz U cn U X O x ° Q wo (S-) ED O a Q w o a_ U U W ? Q o Z fy- F- V- d. z W O ra v ; a yy x ? a Z U u p E§ ?i-- w g G _ m z532d?oa? a! 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