20071938 Ver 1_DCM Comments_20181217

From: Bodnar, Gregg
To: Dennis Fornes
Cc: Scarbrauah, Anthony; seafood (afulchersnc.net; Josh. R. PelletierCobusace.army.mil; Dunn, Maria T.; Staples, Shane;
Dumpor, Samir; Connell, Brad
Subject: RE: [External] Re: Additional Information Request for Minor Mod to CAMA Major for Gideon Creek (DWR #07-
1938 V2)
Date: Monday, December 17, 2018 8:31:41 AM
Attachments: DOC 121418-12142018143803.Ddf
imaae001.pnna
Morning Mr. Fornes,
Thank you for your quick reply concerning my clarification email. First, you requested a copy of the
Field Investigation Report (a.k.a "bio report") for the current proposal. Please see the above
attachment for a copy. As for the contested existing 12 slip facility referenced in the attached Field
Investigation Report, that determination came from these specific places.
1. The EA dated "Revised 7/10/2006" prepared by Avolis Engineering for the Proposed Gideon
Creek Marina which was authorized under 139-08. 1 would direct your attention to Page 1,
first paragraph about half way down. It states, "Existing development on the eastern side of
the subject property consists of wooden piers, wood and rip rap shoreline stabilization, a
seafood processing building, a residence, wood shelters and remains of several other
commercial use buildings including concrete slabs, and gravel and dirt parking and traffic
circulation areas. The pier system will accommodate approximately 12-18 boats depending
on the length of vessels."
2. The MP -4, Section 1 (g)(ii) dated 9/4/07, signed by Mr. Fulcher, and authorized under Permit
No. 139-08. This section states, "Number of slips existing 12-18, See Narrative"
3. The Narrative associated with Permit No. 139-08, under Project Description, paragraph 2
states, "Existing development on the eastern side of the subject property consists of wooden
piers, wood shelters and remains of several other commercial use buildings, concrete slabs, a
dilapidated residential dwelling and gravel and dirt parking and traffic circulation areas. The
wood pier system is in dilapidated condition and will accommodate approximately 12-18
boats depending on the length of vessels."
This information was used in the Field Investigation Report for the existing bio report (attached) and
the Field Investigation Report for No. 139-08 to come to the determination that the existing pier on
site was a 12 slip facility that meets the definition of a marina.
I hope that this helps to clarify your concerns.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management

Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar&ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
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Emacorrespondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Dennis Fornes <[e-mail]>
Sent: Friday, December 14, 2018 2:24 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Scarbraugh, Anthony <[e-mail]>; seafood @fulchersnc. net;
Josh. R. [e-mail]1; Dunn, Maria T. <[e-mail]>; Staples, Shane
<[e-mail]>; Dumpor, Samir <[e-mail]>; Connell, Brad
<[e-mail]>
Subject: Re: [External] Re: Additional Information Request for Minor Mod to CAMA Major for Gideon
Creek (DWR #07-1938 V2)
External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to
To all concerned:
Please find attached response letter addressing
additional information requested.
Thank your for your continued support in this matter.
Sincerely,
Dennis Fornes, Agent for Three Seas Legacy
Bodner, Gregg attachents.pdf 0.
On Thu, Dec 13, 2018 at 3:12 PM Bodnar, Gregg <gregg.bodnar(@ncdenr.gov> wrote:

Afternoon all,
I just wanted to clarify a few things to hopefully aid in the present discussion. The marina
designation comes into play concerning the existing 12 slip facility that was discussed in the bio
report for the current proposal. Per DCM Rules, 7H .0208 (b) (5) states, "Marinas are defined as
any publicly or privately owned dock, basin or wet boat storage facility constructed to
accommodate more the 10 boats and providing any of the following services: permanent or
transient docking spaces, dry storage, fueling facilities, haulout facilities and repair service."
Therefore, under DCM rules the existing 12 slip facility on site does apply, and the proposal is an
expansion of that marina. I believe that the maintenance concerns as detailed in the DWR hold
letter and DMF comments, which were provided as part of the DCM hold letter dated 11/30/18,
come from the additional information email dated 11/15/18. That email discusses that expanded
operations may include maintenance of vessels, and that the applicant is in the business of vessel
repair/maintenance and the 110 ton lift would necessitate those operations. Also Mr. Fornes, we
had a phone discussion on 11/19/18 that discussed the Pamlico County Land Use Plan language
that requires marinas to include a pumpout, restrooms, parking and a dry hydrant. As I am writing
this I just received their comments. Per the Pamlico County Land Use Plan the proposal is
inconsistent and in conflict. I will pass those along those comments in another email with
additional clarification very soon.
I hope that these clarifications help in resolving the hold issues.
Regards,
G regg
From: Dennis Fornes <ncsurv(@gmail.com>
Sent: Thursday, December 13, 2018 12:32 PM
To: Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>
Cc: seafood (@fulchersnc.net; Josh. R. Pelletier(@usace.army.mil; Dunn, Maria T.
<maria.dunn(@ncwildlife.org>; Staples, Shane <shane.staoles(CDncdenr.gov>; Dumpor, Samir
<samir.dumpor(@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar(@ncdenr.gov>; Connell, Brad
<brad.connell(@ncdenr.gov>
Subject: Re: [External] Re: Additional Information Request for Minor Mod to CAMA Major for
Gideon Creek (DWR #07-1938 V2)
Mr. Scarbraugh,
Please find attached letter of response relative to your
email of December 12, 2018.
If you have further concerns or questions, please do not
hesitate to contact me.

Sincerely,
Dennis Fornes
On Wed, Dec 12, 2018 at 4:18 PM Scarbraugh, Anthony <anthony.scarbraugh(@ncdenr.gov>
wrote:
Mr. Fornes,
The proposed facility is 12 slips which meets the definition of a marina (as referenced within
the CAMA Field Investigation Report) and the installation of two support piers and 110 ton
travel lift for boat hauling with any wash down or maintenance activities will require a
wastewater management system. This Office considers the response as incomplete and will be
returning the application if no further information as provided within the next 30 days.
Regards,
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh anncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Dennis Fornes [mailto:ncsurvPgmail.com]
Sent: Wednesday, December 12, 2018 3:25 PM
To: Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>, seafood Wulchersnc.net
Cc: Josh. R. Pelletier(@usace.army.mi1; Dunn, Maria T. <maria.dunn(@ncwildlife.org>; Staples,
Shane <shane.staples(@ncdenr.gov>; Dumpor, Samir <samir.dumporPncdenr.gov>; Bodnar,
Gregg <gregg.bodnar(@ncdenr.gov>; Connell, Brad <brad.connell(CDncdenr.gov>
Subject: [External] Re: Additional Information Request for Minor Mod to CAMA Major for
Gideon Creek (DWR #07-1938 V2)
Sorry,
I sent the wrong file, resending.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Three Seas Legacy, LLC
2. LOCATION OF PROJECT SITE: On Gideon Creek adjacent to the intersection of
Pamlico Road and Orchard Creek Road at 4146 Orchard Creek Road in the community of
Pamlico, Pamlico County.
Photo Index - 2006: 80-8260 grids D-2, D-3, E-2, E-3, F-2, F-3, F-4, G-3, G-4;
2000: 80-950 grids E-1, E-2, F-1, F-2, G-1, G-2, G-3.
State Plane Coordinates - X: 150560.45 Y: 825259.96 Rover # M080813A
Longitude: 35 05 02.74 Latitude: 76 38 04.80
INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — several since 8/8/07
Was Applicant Present — Yes
PROCESSING PROCEDURE: Application Received —10/22/18
Office - MHC
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Pamlico County
Land Classification From LUP — Rural with Services/Conservation
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — Two septic systems
Planned - None
(F) Type of Structures: Existing — Fish house, 12 -slip docking facility, single
family residence, shed, concrete slabs, gravel parking area, bulkhead, boat ramp
Planned -Boat haul out
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
DREDGEDIF LLED OTHER
(A) Open Water 960 sf shaded
(D) Total Area Disturbed: 960 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant wishes to construct a boat haul out facility.

9. Narrative Description:
Please note that this proposal has been reviewed in accordance with the State
Environmental PolicyAct(SCHFile#07-Ed300-0164issuedDecember13,2006). CAMA
Major Permit #139-08 was issued on August 29, 2008.
The property is a 5.67 -acre parcel located on Gideon Creek in the community of Pamlico
at 4146 Orchard Creek Road, Pamlico County. The property is at the intersection of
Pamlico Road and Orchard Creek Road. Approximately 2/3 of the parcel lies on the east
side of Orchard Creek Road and the other 1/3 on the west side of Orchard Creek Road
and the south side of Pamlico Road.
This site has 1,294 linear feet of shoreline. The tract has an approximate elevation of 4'
above nwl. There are pine trees, lawn grasses, mixed hardwoods, and coastal marsh on
the tract. Existing man-made features on this site include: a fish house, 12 -slip (side -to)
dock, two smaller docks, bulkhead and rip rap, shed, concrete slabs, two septic systems,
boat ramp, and gravel parking.
Submerged aquatic vegetation was observed in the project area in —1.5' nwl, adjacent to
a point of coastal marsh. This 2,000 square feet bed of widgeon grass (Ruppia maritima)
is located on the north end of the property on Gideon Creek. Water depths in the area
range from —1' to —12' nwl. The substrate is classified as Subtidal Soft Vegetated
without Shell.
Gideon Creek is approximately 150' wide at this location and is designated as a Primary
Nursery Area with a water classification as SA; HQW, NSW. Gideon Creek is closed to
shellfish harvest. The Pamlico County Land Use Plan has classified this area as Rural
with Services, with CAMA AEC's classified as Conservation. Adjacent properties are
residential and undeveloped.
10. Proposed Development:
The applicant wishes to construct two parallel pier structures to support a boat haul out
area. The existing structures and septic systems will remain undisturbed. The existing
fish house will also remain and is to be renovated inside and converted into the marina's
office building. Adjacent to the existing main dock on the south side, would be a 30'
wide by 60' long boat haul out area. This haul out area will be outlined by 8' by 60'
platforms on either side. These two platforms are to support a mobile 110 -ton travel lift.
11. Anticipated Impacts:
The boat haul out area will be in an area of previous water dependent development and
will not result in any change of use. This area to the south of the fish house has
immediate access to deeper water depths (>-2' nwl). The total platform area would
shade 960 square feet of open water along 1,294 linear feet of shoreline. This marina
incorporates 26,457 square feet of public trust area. Overall, this proposal will not
change the general usage and commercial nature of the property, but will expand it.
Brad Connell October 25, 2018 Morehead City

On Wed, Dec 12, 2018 at 3:15 PM Dennis Fornes <ncsurv(@gmail.com> wrote:
Mr. Scarbraugh,
I am attaching a letter responding to your letter
dated November 18, 2018.
Please do not hesitate to contact me with any
questions/comments
Thank you,
Dennis Fornes
On Fri, Nov 30, 2018 at 10:21 AM Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>
wrote:
Mr. Fornes,
Please find attached an additional information request for the minor modification to the
existing issued by the Division of July 11, 2008 under DWR Project No. 07-1938. If you
have any questions or concerns, please feel free to contact me.
Regards,
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraughna ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.