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HomeMy WebLinkAbout20051969 Ver 1_Complete File_20051027 Michael F, Easley, Governor William G, Ross Ir" Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P,E, Director Division ofWatcr Quality December 16, 2005 DWQ Project # 05-1969 Beaufort County Directed Capital Resources, LLC 333 Third Avenue North, Suite 400 St. Petersburg, FL 33701-3899 Subject Property: Former Robb's Marina Pant ego Creek [030307,29-34-34-(2), SC, NSW] Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.296 acres of non-vegetated wetlands (boat basin bottom) and 0.029 acres of Pantego Creek bottom to bulkhead across an existing boat basin and backfill the impounded area to create additional high ground for future development as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Pennitting Unit on October 27,2005. After reviewing your application, we have detennined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Pennit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or ISO linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: I. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Pennit) are met. No other impacts are approved including incidental impacts: Non-vegetated wetlands (boat basin bottom) Pantego Creek bottom N~~hCarolina /vatllmll!/ 401 Ovcrsight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtrec Boulevard, Suitc 250, Ralcigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Intcmct: httn:/fh2o,cnr.statc.nc.uslncwctlands An Equal Opportunity/Affirmativc Action Employer- 50% Recyc1ed1lO% Post Consumer Paper Directed Capital Resources, LLC Page 2 of2 December 16,2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Bames in the DWQ Washington Regional Office at 252-946-6481. Sincerely, AWKJijm ~'\~ r Alan W, Klimek, P,E, Enclosures: GC 3400 Certification of Completion cc: Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 051969FonnerRobsMarina(Bcaufort)CAMA 'e..-1.~" ~ ,. ~ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality, Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 Respond to Doug Huggett Morehead City Office DATE: 26 October 2005 SUBJECT: CAMA Application Review ~[g@~OW~[ID OCT 2 7 2005 APPLICANT: Former Robb's Marina Mr. Warren Eadus, Quible & Associates Agent for: Directed Capital Resources, LLC DENH . WATlm QUALITY \':::llJJICJNiO :.ITOi~',!W.~T~n t;Vl~ PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead across an existing boat basin and backfill the impounded area to create additional high ground for future development. Applicant also proposes to replace another 653' of existing bulkhead. Please indicate below your position or viewpoint on the proposed project and return this form by 20 November 2005. Please contact Steven 1. Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. This office has no objection to the project as proposed. REPLY This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date One . No~thCarohna ';\11111"'111/ 943 Washington Square Mall. Washington, Nort'l Carolina 27889 Phone: 252-946.6481 \ FAX: 252.948-0478 \ Intemet: www.nccoastalmanaaement.neV DIVISION OF COASTAL l\:lANAGEl\iENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Directed Capital Resources, LLC 2. LOCATION OF PROJECT SITE: 435 East Water Street in the Town of Belhaven on Pantego Creek in Beaufort County, North Carolina. Photo Index - 2000: 108-1269; Q-11; 1995: 108-1149; N-18; 1989: 2-83-2; L-8; State Plane Coordinates - X: 2,707,700 Y: 658,200 Belhaven Quad. (lower left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 10/04/05 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 10/17/05 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Municipal District AEC(s) Involved: PTA (D) Water Dependent: YES (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Town Sewer System Planned - N/ A (F) Type of Structures: Existing - Two story building, travel lift piers, bulkhead Planned - Bulkhead and backfill man made boat basin (G) Estimated Annual Rate of Erosion: None - --- -- --- -- - - ----- - - - -- (A) Vegetated Wetlands (B) Non-Vegetated Wetlands :t12,900 ftz Boat basin bottom (C) Other :t1,306 ftz Pantego Creek Bottom DREDGED [AREA] FILLED OTHER 7. HABITAT DESCRIPTION: (D) Total Area Disturbed: 0.32 acre or 14,206 ftz (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to bulkhead across an existing boat basin and backfill the impounded area to create additional high ground for future development. Applicant also proposes to replace another 653' of existing bulkhead. Former Robbs Marina Town of Belhaven Beaufort County Project Setting The 1.8-acre project site is located in the Town of Belhaven at 435 Water Street adjacent Pantego Creek in Beaufort County, North Carolina. The site was fonnerly known as Robbs Marina. Robbs Marina was a marine oriented business that provided vessel maintenance including bottom cleaning/painting, prop repair, and an engine shop. The site also provided fuel and dockage for transient boats traveling the Atlantic Intercoastal Waterway. The business has been closed and the site inactive since 2002. Located on the site is a two story building that served as a ships store/marina office and an engine shop. The entire shoreline has been stabilized with a bulkhead. Most of the upland areas of the property are covered with gravel. Vegetation on the site is upland grasses intermixed with the gravel. There is a :t60' x 215' man made boat basin off Pantego Creek with an average water depth of 5'. A wooden dock in some disrepair lies around the perimeter of the boat basin on the landward side of the existing bulkhead. Mooring of transient vessels took place in the basin mooring side to the bulkhead. Major CAMA Permit No. 79-92 authorized the construction of pile supported travel lift piers for a travel lift used to provide vessel haul out services. The travel lift system was constructed on the northwest corner of the property in Pantego Creek incorporating a portion of an existing pier that was also used for mooring of transient vessels. This project site is adjacent to the proposed Day Beacon #9 project site subject of a recent Environmental Assessment review for a planned condominium and marina. Pant ego Creek in the vicinity of the project site is classified as SC-NSW by the Environmental Management Commission and Inland Waters by the Wildlife Resources Commission. This area is closed to shell fishing. Project Description The applicant proposes to fill the :t60' x 215' man made boat basin to create additional highground for development. The applicant proposes to accomplish this by constructing a new bulkhead 67' across the basin opening to Pantego Creek decanting the water in the basin through and over the proposed bulkhead as the basin is backfilled. The remaining 653' of existing bulkhead is proposed to be replaced with a new alignment 2' seaward. The basin and new bulkhead is to be backfilled with sand from a local sand mine. The applicant is not proposing any upland development at this time. Anticipated Impacts The proposed project will result in the filling of a :t60' x 215' (12,900 ft2) man made boat basin off Pantego Creek creating additional highground area for upland development adjacent Pantego Creek. Replacement of the remaining 653' of bulkhead will result in the filling of 1,306 ft2 of Pantego Creek bottom. There will be some localized short term turbidity during construction of the proposed bulkhead. Steve Trowell- Washington Regional Office - 25 October 2005 '1- SINCE 1959 Quible & Associates, P.C. EKGINEERING' EKVlROKMEKTAL SCIEKCES' PLA."~'lIKO TRANS MITT AL Project;: Robb's Marina To: Steve Trowell Date: October 11, 2005 Project No: 05018 We transmit: o herewith o per your request Via: o overnight o hand delivery o fax For your: o use review & comment o approval o records The following: o drawings o correspondence o specifications 0 data o under separate cover o US Mail o information o distribution o shop drawings/samples o contractual data I ~OPies I Date I Description I 1 October 11, 2005 Major CAMA Permit Application Packet 26 October 11, 2005 26 copies of 24x36 Major CAMA site plan Mr. Trowell: Please find enclosed one copy of the Major CAMA Permit Application for the above referenced site. If you have any questions or require any additional information please do not hesitate to contact the undersigned at 252.261.3300. Sincerely, Qut~ ~:;;o;q:'c wUre~ ~~us, L.G. 8 Juniper Trail- P.O. Drawer 870, Kitty Hawk, NC27949 (252)261-3300 FAX (252)261-1260 E-Mail weadus@quible.com g,D., n .np.o'~n@ ~Qdjub~U\.9 Quible & Associates, P.C. ENGINEERiNG' ENVIRONMENTAL SCIENCES' Pw.JNING . SURVEYING SiNCE 1959 Mr. Steve Trowell NC Division of Coastal Management-WaRO 943 Washington Square Mall Washington, NC 27889 P.O, Drawer 870 Kitty Hawk. NC 27949 Phone: 252.261.3300 Fax: 252-261.1260 PRINCIPALS Sean C, Boyle. P,E, Joseph S, Lassiter. C,E,P, Eduardo J, Valdlvleso. P,E, ASSOCIATES Joseph J, Anlauf. P.E, Katherine C, Marchello. P,L.S, Re: Former Robb's Marina Major CAMA Permit Application Belhaven, Beaufort County Mr. Trowell: On behalf of Directed Capital Resources, LLC (DCR), Quible & Associates, P.e. (Quible) presents the following Major CAMA Permit Application for proposed work within the Area of Environmental Concern (AEC) at the former Robb's Marina in Belhaven, Beaufort County North Carolina. The site is located at 332 Water Street, Belhaven, NOlth Carolina and is centered approximately around Latitude 350 32' 5"N and Longitude 760 36' 53"W. The following documentation and information have been included with this project narrative: Attachment 1: Major CAMA Permit Application forms DCM-MP-I and DCM-MP-2 AUadumcIut 2: Relevant portion of USGS Topographic Quadrangle-Belhaven AUadurnent 3: Aerial photography AUachment 4: Major CAMA Site Plan AUachmeU1lt 5: Copy of Deed Attachment 6: Certified Mail Receipts-Adjacent Riparian Property Owner Notification AU~dJ.memlt 7: Agent Authorization Letter Attm:llm:cKut 3: Copy of Relevant Portion of Town of Belhaven Zoning Ordinance Attachment~: Copy of $400.00 Check-Major CAMA Permit Application Fee PROJECT NAJRlRA TllVE Snte ComllWm15! Pn})i1oserl ]):evell<G]l)lme!i'l~ OveR'vrrew: The subject property is a 1.85 acre tract located along the Pantego Creek waterfront in Belhaven, North Carolina. The property has been used as a Marina for many years prior to the marina closing in 2002. The site is currently vacant. The property owners, DCR, propose to fill the existing boat basin as a means of creating some upland area for future development potential. DCR anticipates selling the property prior to any additional development. No upland development is proposed at this time. No water dependent structures are proposed at this time. This permit application requests the replacement of 653 feet of bulkhead and associated backfill, construction of 67 feet of new bulkhead and the backfill of 13,066 square feet of man made boat basin. Proposed Worl\: Scone: The proposed scope of work is the replacement of the bulkhead around the site (653 linear feet) and the construction of 67 feet of new bulkhead across the boat basin, Once the bulkhead is constructed, the basin will be filled with clean, debris free sand from a nearby sand mine. The basin will be filled slowly , and the water will be allowed to flow over the newly constructed bulkhead as the basin fills up. Please note, the 67 feet of new bulkhead will have to be water tight or lined with a geo-textile fabric (or other approved filtering mechanism) capable of filtering sediments (sands, silts and clays) from entering the Pantego Creek. No discharge of sediments into the Pantego Creek will be allowed. The replacement bulkhead will be constructed a maximum of two feet water ward of the existing bulkhead and subsequently the old bulkhead will be removed if necessary and then backfilled. It is estimated that 387 cubic yards of material will be required to backfill the replacement bulkhead. Grading, Excavation and FilV Stormwater: Proposed fill activities include the backfill of 13,066 square feet of boat basin and the backfill of the 653 linear feet of replacement bulkhead. Based on water depths collected in 2004, the average water depth in the basin is 5.0 feet. The bulkhead height above the normal water level is approximately three feet during normal water. The basin is proposed to be filled to existing grade. It is estimated that 3,871 cubic yards of material will be required to fill the basin and 387 cubic yards of material will be required to fill the replacement bulkhead. Sedimentation and Erosion Control Plan: To control sediments from entering the Pantego Creek, the 67 feet of new bulkhead will be constructed across the basin first. Subsequent to construction, a geo-textile fabric will be installed that will be of sufficient design to filter any sediments from entering the Pantego Creek. Once the bulkhead and fabric are in place, the basin will be filled with clean sand and the water will be allowed to flow through and over the top of the bulkhead into the Pantego Creek in a controlled man!1er. Once the basin is backfilled and graded the 13,066 sf area will be seeded and stabilized. Potable Water and Wastewater: Potable water is available on site via the Town of Belhaven. Waste water at the site is also handled by the Town of Belhaven. Please review this application and call the undersigned at 252.261.3300 to discuss this project and any additional requirements necessary to process this permit application. Twenty-six copies of the site plan and the adjacent riparian notification letters will be submitted once an initial review has been conducted. Thank you in advance for your cooperation and assistance. Sincerely, &dJ;( dus cc: file Ryan Razook, DCR LLC "DCR JF11ll1tcl I~ LLC August 25, 2005 Mr. Warren Easdus Quible & Associates,P.C P.O. Drawer 870 Kitty Hawk, NC 27949 RE: Robb Marina Property Dear WatTel1, DCR Fund I, LLC, current and rightful owner of 432 Water Street, Belhaven North Carolina requests and authorizes Quible & Associates to act as agent for the environmental pennitting that DCR Ftmd I, LLC seeks. Sincerely, Christopher S. Moench Manager CSM/kdn ,),),) Third Avcnue North, Suite 400. St. Pctersburti. FL .),)iOI..3899 · Phone: (i2i) 898.6666 · Fol..\:: (i2i) 898.6606 P.O. Bo" 299 · St. Petersburg. FL ,).)i3!.0299 1F'(QJrmIli} CI9lGnJIP- M P - 1 A~JPlLJICA1rION (To be completed by all applicants) 1. APPLICANT c. Street address or secondary road number 432 Water Street a. Landowner: d. Is proposed work within city limits or planning jurisdiction? X Yes No Name Directed Capital Resources, LLC. e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pantego Creek Address 333 Third Avenue North, Suite 400 City St. Petersburg State FL Zip 33701-3899 Fax 727.898.6606 Day Phone 727.898.6666 3. DESCRIPTION AND PLANNED USE , OF PROPOSED PROJECT City Kitty Hawk State NC a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. The proiect as proposed is the replacement of 653 feet of bulkhead at the site and the construction of 67 feet of new bulkhead across the man-made basin. Once the bulkhead is completed the basin will be backfilled. No sl ips or water dependent stmctures are proposed at this time. In addition, no upland development is proposed at this time. The current property owners want to create additional areas for potential development by filling the basin, b. Authorized Agent: Name Ouible & Associates. P.C. Address PO Drawer 870 Zip 27949 Day Phone 252-261-3300 Fax 252.261.1260 b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Project name (if any) Former Robb's Marina NOTE: Permit will be isslIed i/l/lame of la/ldolV/ler(s). and/or project /lame. c. Will the project be for public, private or commercial use? Commercial a. County Beaufort d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The purpose of the proiect is the backfill of the man made basin to create more uplands area for potential development. 2. LOCATION OF PROPOSED PROJECT b. City, town, community or landmark Belhaven Revised 03/95 Form DCM-MP-l ~. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1.85 acres before fill; 2.13 acres proposed. b. . Size of individuallot(s) NA c. Approximate elevation of tract above MHW or NWL 3 feet d. Soil type(s) and texture(s) of tract Urban Land Complex (Or); Fill and reworked soils. e. Vegetation on tract Maintained grasses and small shrubs around building remaining on site, f. Man-made features now on tract Former Robb's Marina Ships Store and Propeller Shon. g. What is the CAMA Land Use Plan land classification of the site? (ConSlllt the locallalld llse plan,) _ Conservation _ Transitional ---1L Developed _ Community Rural Other h. How is the tract zoned by local govemment? Marine Business 1. Is the proposed project consistent with the applicable zoning? --1f....- Yes _ No (Attach loning compliance certificate, if applicable) J. Has a professional archaeological assessment been done for the tract? Yes -...1L- No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? -L Yes No I. Are there wetlands on the site? Yes -L No Coastal (marsh) _ Other_ If yes, has a delineation been conducted? (Attach documentatioll, if available)- Revised 03/95 m. Describe existing wastewater treatment facilities. Wastewater handled bv the Town of Belhaven. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.)Surface runoff o. Describe existing drinking water supply source. Potable water provided bv the Town of Belhaven. 5. ADDITIONAL INFORJ.\iIATION In addition to the completed application form, the following items must be submitted: o A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. o An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 Yz" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. o A Stormwater Certification, if one is necessary. o 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 Form DCM-MP-l they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Dixon-Hoyle Partnership Address 2020 Croatan Highway. Nags Head NC 27947 Phone Name WP and Shirley O'Neal Address 442 Water Street Belhaven. NC 27910 Phone Name Address Phone Name Address Phone o A list of previous state or federal ~ermits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. .J .., A a (P'~I!r;l- f-l(F"r - CA-M!;- -11 T r )~ o A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. o A signed AEC hazard notnce oceanfront and inlet areas. for projects III o A statement of, compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICA TION AND PERlVllSSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in Revised 03/95 the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my lmowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the 11 day of October ,20..Qi... Signature Lalld _ Please indicate attachments pertaining to your proposed project. ---1L DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign alld date each attachment in the space provided at the bottom of each form. Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW)or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) h Anrage Existing D It Final Project D It W'd It Lengl I l elll rill 215' 60' -5,0 +3.0 AVG. (NWL) (NWL) 1. EXCAVATION ~IA a. Amount of material to be excavated from below MHW or NWL in cubic yards None b. Type of material to be excavated NA Revised 03/95 c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SA Vs) or other wetlands? _ Yes-L No d. High ground excavation in cubic yards NA 2. DISPOSAL OF EXCA V A TED MATERIAL a. Location of disposal area NA b. Dimensions of disposal area NA c. Do you claim title to disposal area? NA _ Yes _No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes No If yes, where? NA e. Does the disposal area include any coastal wetlands (marsh), SA Vs or other wetlands? NA Yes No f. Does the disposal include any area in the water? NA Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization x Bulkhead _Riprap b. Length 720': 653' feet of bulkhead replacement; 67 feet of new bulkhead across basin. c. Average distance waterward of MHW or NWL Maximum 2' waterward of existing bulkhead alienment for 653 feet of bulkhead replacement. Maximum 33,5 feet waterward of bulkhead alignment for 67 feet of new bulkhead. d. Maximum distance waterward of MHW or NWL For bulkhead replacement maximum of 2 feet. For new bulkhead maximum of 33,5 feet waterward, e. Shoreline erosion during preceding 12 months None (Source of information) Site visits (existing bulkhead in place). f. Type of bulkhead or riprap material Vinyl and wood g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfi1I3,87 1 cubic yards forbasin fill and 387 cubic yards for bulkhead backfill along bulkhead replacement alignment. h. Type of fill material Clean sands 1. Source of fill material Local sand mines t3. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? --X- Yes No If yes, (I) Amount of material to be placed in the water 3,871 cubic yards (2) Dimensions offill area 215 ft. by an avera\Ze 60 ft. (67 feet at waterward end of basin). (3) Purpose of fill To fill in basin for future upland development. b. Will fill material be placed in coastal wetlands (marsh), SA V s or other wetlands? Yes -L-No If yes, (1) Dimensions of fill area NA (2) Purpose of fill NA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? A silt fence will be installed along the edge of the bulkhead and around the perimeter of the site to stop sediments from movin!?; into the Pantego Creek during the back fill and grading of the boat basin. Less than one acre of disturbance is proposed. Therefore, a Sedimentation and Erosion Control Plan is not required. Revised 03/95 b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 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',' ..:,: ~T'_-::'~",. .' , . ~, . .'~ p- ':. - .. . \ ,. ~- Tct;O!W 2 (C) Pungo Pt o ~ -& ~) ;""r,~'("! 0",'1, <:l " /", ):': f.:~t / -\.. /'? / / I / J / I -p U iV G O---C R E it If---I 81 f-</8 .a ol~ "" "'.... .( ee Pt ' *: "- '---- ~ 'i :t.l )> (', o 'lo v. ., ." " 100W Name: BELHA VEN Date: 9/19/2005 Scale: 1 inch equals 2000 feet Location: 0350 32' 5,36" N 0760 36' 53.24" W Caption: USGS Tapa BELHA VEN FORMER ROBB'S MARINA Copyright (C) 1998, Maptech, Inc, " ~ ~ ~:t..;,. .:....~ ...,: .~ ~~.~ .~ , ,I ." Bp.1 .... ,.'--'-.'~X-"""",:~. .. ~ >....~' r' . -1",/. , . (II? '. '~bd.: ~r' 9. ~~"~;nsQ ~ '-, c' ...:J Lower Dowry Pt \J N G ( liGht t:. (el Durants P ATTACHMENT :3 , -~ .:::~:::::::::...x-<:~>>",<<.-x-<.~"'~"..:..e...~-(..>>yn-:-x.-:-:--x...;.1-~~.:-'~~.->"",:->-"~~:-~~...,,-:..;..:..,:-;.~->~~~........:-~*,,<:> I Q...\ ~ ~ \;l-ILP -Dcl Permit Class NEW OS-ICjloq STATE OF NORTH CAROLINA Department of Environment and Natural Resources ~' ..--. t::;':\ r'::::) '1~' ,- .--, rW and D ~ I "3 ! G'. , "J , ' \ V I ~ ~:,J In Coastal Resources Co~mission ~\ 1'.;:1..) t~,.' d \j L:l Y t'ermtt Jh'; " 0 IUll6 fOI' DENn;"::,',: . t1 \Ji "\11 :'( ~Ti..Al1f1Q"',...r' tt"',iM\l.',<,ir.I1t1li,A.N!:l11 l Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Permit Number 7-06 _. Excavation and/or filling pursuant to NCGS 113-229 Issued to Directed Capital Resources, LLC., 333 Third Avenue North, Suite 400, St. Petersburg, F133701-3899 Authorizing development in Beaufort County at Pantego Creek, 432 Water Street, Town of Belhaven , as requested in the permittee's application dated 10/11/05, including the attached workplan drawing (1), dated 10/6/05. This permit, issued on January 10,2006 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below, Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead and Basin fill 1) The alignment of the permitted replacement bulkhead shall not extend more than 2 ft. waterward of the existing bulkhead, 2) The 67 ft. of bulkhead to be placed across the upland basin shall be constructed consistent with the alignment indicated on the attached workplan drawing. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance, P'7 ~(-j~ ~ C rles S. Jones, Director Division of Coastal Management Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2009 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program, Signature of Permittee r~~:::~:=:~~~~~~<'>>V:'<'~<<#*~~~~<--;;~;;7;N~N I)agc 2 of 3 , ADDITIONAL CONDITIONS 3) The bulkhead shall be constructed prior to any backfilling activities. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which shall be required for the construction of the bulkhead wall, riprap, dead men cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material shall be clean and free of any pollutants except in trace quantities. 7) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead.' 8) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. 11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Stormwater Management NOTE: This project may require a Stormwater Permit from the Division of Water Quality. Contact a Representative from the Division of Water Quality at 252-946-6481 for this determination. General 12) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina, No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. ,o--~>.~"~-:.,>.:-::<<-:~<-:-:~>>>~.....~<<..y-:-:-..x-:--.:--:<<-:,,,,,,"':-:.-:--:.,;~x-<:-:..:.y.>>X-<<_X--:.-Qo,>-,>",,,-~:-,;_;""',,...;.....;.y.;;"".-:>~_X"..~X-?-.-"';'"9'~""":J'<;"V-;""X'9??V""''''''''-'_J''V''._r-J'''.r''''.''''_''V........v<.-.-,,-.'vvvvV"....-r..VVY'VV"....'"' , i Directed Capital Resources, LLC. ~ Permit # 7-06 Page 3 of 3 ADDITIONAL CONDITIONS 13) In order to address concerns of The Division of Water Quality, Stormwater Permitting Section, and Department of Cultural Resources concerning high-ground development, any future development plans shall require coordination with appropriate review agencies and a modification of this permit. 14) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that shall be required. NOTE: The permittee is advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands. Contact the Division of Water Quality at (252) 946-6481 for this determination. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-1969), which was issued on 12/16/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200610084. ': LBGBND .:::;::;,.;;-.;.;.:.;.;.:.;.:.- .'.;. 'C.:",','. ...'..... '. '. .,.:.:.:.:-:.:.:.:.;.:.;...-.;.;.,.,.;.,.;-;.,;.,.;.;.;.;-:.~::;.;~:~" -:.:.:.:.:.;:,:;;::,;....~-..:.,:;;.~~;:;~;.; ;.:.~... / / A o POINT, CONTROL ~ FOUND IRON PIPE, CONTROL . NE\oI IRON PIPE, CONTROL [!] \oIATER METER o PO\olER POLE FENCE J: FUEL PUMP ~ NOT TO SCALE r..:m1 PROPOSED AREA FOR BACKFILL I!illa 13,066 SF FILL, ESTIMATED 4,355 CUBIC YARDS /~ LINE OF CROSS SECTION A NOTES: 1. PROJECT NAME: FORMER ROBB'S MARINA 1. PROJECT NAME: FORMER ROBB'S MARINA 2, PROPERTY OWNER INFORMATION: DIRECTED CAPITAL RESOURCES, LLC 333 THIRD AVENUE NORTH, SUITE 400 ST. PETERSBURG, FL 33701 (727) 898-6606 3. PROJECT AREA 1.85 ACRES 4. TOTAL AREA WITHIN AEC (EXIST): 39,849 SF/PROPOSED: 28,805 SF 5. TOTAL AREA PROPOSED FOR BASIN FILL: 13,066 SF 6. TOTAL AREA PROPOSED FOR REPLACEMENT BULKHEAD BACKFILL 1,306 SF 7. ESTIMATED CUBIC YARDS OF MATERIAL REQUIRED TO FILL BASIN: 3,871 CUBIC YARDS 8. ESTIMATED CUBIC YARDS OF MATERIAL REQUIRED TO BACKFILL BULKHEAD: 387 CUBIC YARDS 9. TOTAL LINEAR FEET OF REPLACEMNET BULKHEAD PROPOSED: 653 LINEAR FEET 10. TOTAL LINEAR FEET OF NEW BULKHEAD PROPOSED: 67 LINEAR FEET 11. AVERAGE WATER DEPTH IN BASIN 5 FEET. AVERAGE DEPTH FROM TOP OF BULKHEAD TO NWL. 3 FEET. --,. I SEEDING DATES: APRIL 1- SEPT 30 I SEED MIXTURE APPLICATION RATES/ACRE BAHIA 50 LBS. ISEEDING DATES: OCT. 1 SEED MIXTURE - MARCH 31 I APPLICATION RATES/ACRE COMMON BERMUDA (UNHULLED) 50 LBS. RYE GRAIN 175 LBS. FERTILIZER 10-10-10 @ 1000 LB/ACRE GERMAN MILLETT FESCUE FERTILIZER 26-13-13 @ 500 LB/ACRE 15 LBS. 20 LBS. ~ APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH ASPHALT, NET1lNG, OR A MULCH ANCHORING TOOL A DISK WITH BLADES SET NEARLY STRAIGHT CAN BE USED AS A MULCH ANCHORING TOOL. MULCH APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH ASPHALT, NETTING, OR A MULCH ANCHORING TOOL. A DISK WITH BLADES SET NEARLY STRAIGHT CAN BE USED AS A MULCH ANCHORING TOOL. GENERAL: _ FERTILIZER RATES SHOWN ARE GENERAL RECOMMENDATIONS; FREQUENCY AND AMOUNT OF FERTILIZATION CAN BEST BE DETERMINED THROUGH SITE SPECIFIC SOIL TESTING. MAINTENANCE: SATISFACTORY STABILIZATION AND EROSION CONTROL REQUIRES A COMPLETE VEGETATIVE COVER. EVEN SMALL BREACHES IN VEGETATIVE COVER CAN EXPAND RAPIDLY AND, IF LEFT UNAlTENDED, CAN ALLOW SERIOUS SOIL LOSS FROM AN OTHERWISE STABLE SURFACE. A SINGLE HEAVY RAIN IS OFTEN SUFFICIENT TO GREATLY ENLARGE BARE SPOTS, AND THE LONGER REPAIRS ARE DELAYED. THE MORE COSTLY THEY BECOME. PROMPT ACllON WILL KEEP SEDIMENT LOSS AND REPAIR COST DOWN. NEW SEEDLINGS SHOULD BE INSPECTED FREQUENTLY AND MAINTENANCE PERFORMED AS NEEDED. IF RILLS AND GULLIES DEVELOP, THEY MUST BE FILLED IN, RE-SEEDED, AND MULCHED AS SOON AS POSSIBLE. DIVERSIONS MAY BE NEEDED UNTIL NEW PLANTS TAKE HOLD. MAINTENANCE REQUIREMENTS EXTEND BEYOND THE SEEDING PHASE, WEAK OR DAMAGED SPOTS MUST BE RELlMED, FERTILIZED, MULCHED, AND RESEEDED AS PROMPTLY AS POSSIBLE. REFERTILlZATION MAY BE NEEDED TO MAINTAIN PRODUCTIVE STANDS. DIXON-HOYLE PARTNERSHIP DAYBEACON #9 TELEPHONE PEDESTAL WOOD FENCE ON PROPERTY UNE BULKHEAD TIES INTO ADJACENT PROPERTY BULKHEAD , :. ;.. ,: . .,; ~~Io ~ :>.1(:'. .:: ,,', ': ..... : I . : .' :j'.: . ~ :.11' :......: . '. ". .1 Ii! II ..1. "', . .... . SI' .". . \ . "'11 .. .... . - ", : .' ,.. :1" .... - " . '. ~ ~ 48 FEET REPLACE BULKHEAD (2' WAlERWARD OF EXIS1ING FUEL DISPENSERS REMOVE o ~ ~ DILAPIDATED PIER PIER ~ :J: ~ ::l m~ z A (S,W) lO~ o IS 0: 0.. '. ., . .'" .' . s Z 1= (II ~ ~ o ~ ~~ .~ 157 FEET REPLACE BULKHEAD (2' WAlERWARD OF EXlS1ING) N\\l -- SIGN ffiQPOSB) 30' VEOETA11VE E3tJFFER . FUEL DISPENSER REMOVE fD~ ~ :J: ~ ::l In g ~ N\\l DRAWING FILE: P05018\CAMA.dwg PLOT SCALE: 1: 1 . ....~ ,'"w... '.......". .w......, '.'. ,..... ,J?!/~"'!f!7.5fJ' TAR-PAfvfLICO l3IJFFER ""- ..."...... '<........~ ............. ".,.,....... '...,...~ ~,...,...'.. ~.:v._ .............. ..... ......,........ ...,........ ".:,....... "'.,....., :"'WY N.:'...... .:..~,,:y ..V., ......., ....w,..., ............. ''-'''._. ",nl. , , Ej5!~PN6 f!:q:n~A..7}VE ~ GRAVEL/GRASS ~~ -1 1l~~ r ~:iS\ I I I ~;~ 1 ~ ~;,'~ I I 1* ~. I j~.! I ~ l~ I: I \m r-" :~ .-:I: t i ~ Ii: EX1i.~ rB~W:Y' ! ~ I lit It; I Tr~ I Ll\---J:- ----"" ~ ~ - - \~ ~1 \~ \' \ ~ l\ I \~ %\ '~ l[-1r~1 SEWER PUMP STA~ON 1 o BOARDWALK TO BE REMOVED .,' . '. NI'/L ~ . .. l<!..5: O' . . ..' .' . . ,', . . .' , . I II I . . . . '. .' . . . ',' . ',' II . . ",',' .' . ", ' ., , ,; I PROPOSED FILL SEE LEGEND .... . .. .' . . . ~. . . ,,' . '. '. I . . . . .. A' (N,E) .' " . I I I, ': . , I . 'I I, I ., . . '. ., .'. ..,' . 'x '-5.0'.. . . . . . . . .' . I' .... , " . . '. x.. -5:0. '. . . I' '," "" ". . '. "I ' , ,", .' . rI' I' " I I" . 5' BOARDWALK ' ,I ':. .' . '. I, I. . . I '. B' (S,E) BOARDWALK TO BE REMOVED L,-,-,-,- t'I'M'OSEO 30' VEQETA11VE ~ -.-'-' -.-.-.- ,,~ :If2.\u,M.- # GRAVEL/OPEN 387 FEET REPLACE BULKHEAD (2' WAlERWARD OF EXISllNG) CORNER ON UNE P ANTEGO CREEK DRIVE WAY GRAVEL/GRASS WOOD FENCE DRIVE WAY \ CHAIN LINK FENCE SIGN (ROBB'S E30A7YARD) W,P. O'NEAL. JR, SHIRLEY L. O'NEAL D.B. 909, P. 886 PLAT CAB. E, SLIDE 30-4 EDWARD STREET ~ GRAPHIC SCALE 30 0 ~.-.... 15 \ 30 , ( rn FEET ) 1 inch = 30 ft. 60 I 12.0 I 'i1 ~ Z -l o ;0 ~ -l m ;0 (/) -l ;0 m m -l '" ......~ ~ # "\~ ~'I?' ~ {;) i?v v' ~. v'?- -?:- ~v ~ ~ ~ ! Cl. :r: (/) ,. ~ 0 I- Z ~ <C :c -I I.1.J m . COMMISSION NO. P05018 DESIGNED BY WOE DRA~ BY AZ,OTHERS CHECKED BY WOE ISSUE OA1E 10/06/05 SHEET NO. ..0 '11-)': ~G'o .r)': .p~~,. ~ J( ~ ~ '" VICINITY MAP N.T.S. BOUNDARY INFORMATION TAKEN FROM SURVEY ENTITLED 'MARINA VILLAGE' DATED 3-05-2004 PREPARED BY HOOD L. RICHARDSON, ENGINEERS-GEOLOGISTS-PLANNERS EXIS11NG BULKHEAD TO BE REMOVED AF1ER PROPOSED BULKHEAD IS IN PLACE NWI. o' ",(11(11(1/'11(11(1/1111/11/ '. II // II /1 II II II II II II II II II II II /1 II II /1 '111/11111/1111111111/111/11111 II II II 1/ II II II 11//,1), I) I) / J ), I.) ) -5.0 WATER DEPlll l: (ll.E) '!i~ 3,87\ CU.YOS, i," ~~~~$;"J:,~i:.~j~I!,.l.~1; :::~1';tr."~'~~ij ~.. ..~~~~i~ I"\..,:t.~: ~~~~~W~~tr~J~ PANlEGO CREEK 219' N.T.S. / c:~()S9 \~@~~~:' OC " Qup\I"I'il"llIC'.l<I "'NfIt ' ~~"...~1\"~""" ~~''t~.", B (N,W) B' (S,E) 56.63' N.T.S. , . <.:) <.:) r \ Z:z: V z): Ol . :z LLI ~ I'\.:S~ - ...... a..:=J ~ ,,*(/) ~ r/.) <.:)* V) ~ ~~ ___ ...J U .... ::>:z A'\ It" (/) L&J ~ .~ :z: U ~ (.) 8(/) '" O*:Ci! -,8J r/.) 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