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HomeMy WebLinkAbout20052025 Ver 1_Complete File_20050117O?O? W A rll?9QG O 1;?? '< Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 20, 2005 Dixon-Hoyle Partnership, LLC P.O. Box 1327 Nags Head, NC 27959 Subject Property: Day Beacon No. 9 Pantego Creek [030307, 29-34-34-(2), SC, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-2025 Beaufort County 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 0.0133 acres of non-vegetated wetlands (Pantego Creek bottom) and shade 0.116 acres of non-vegetated wetlands (Pantego Creek bottom) to construct two piers/docks with 42 boat slips, a bulkhead along portions of the shoreline and construct four buildings containing 36 condominium units with associated roads, parking, walkways and utilities as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on November 7, 2005. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit 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 LAMA. 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 150 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: 1. 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 Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Non-vegetated wetlands (Panto o Creek bottom) 0.0133 (acres) DCM Field Investigation Report 401 Oversight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htty://h2o.cncstate.nc.us/ncwetlands Nor hCarolina Natrally An Equal Opportunity/Affirmative Action Employer- 50% Recyclcd/10% Post Consumer Paper Dixon-Hoyle Partnership, LLC Page 2 of 2 December 20, 2005 Non-vegetated wetlands Pante o Creek bottom 0.116 acres - shaded DCM Field Investi ation Re ort 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 Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, AWK/ Al n W. Klimek, P.E. i 'm J 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 Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Filename: 052025 DayB eaconNo9(Beaufort)CAMA aoy CMfty?? ?U i3 l =i 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 Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 3 November 2005 0 L V SUBJECT: CAMA Application Review NOV 7 - 2005 APPLICANT: Dixon-Hoyle Partnership LLC (Day Beacon #9) I_ DE"4R"WATER QUALITY PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to construct two piers/docks with 42 slips, a bulkhead along portions of the shoreline and four buildings totaling 36 condominium units with associated roads, parking, walkways, and utilities. Please indicate below your position or viewpoint on the proposed project and return this form by 28 November 2005. Please contact Steven J. Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed This office has no objection to the project as proposed. 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. Date No iihC uolina V1 r7WIM71111 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanaaement.net/ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dixon - Hoyle Partnership, LLC 2. LOCATION OF PROJECT SITE: Located off Water Street in the Town of Belhaven, on Pantego Creek in Beaufort County, North Carolina. Photo Index - 2000: 108-1269; 0-11; 1995: 108-1149; 0-18; 1989: 2-83-2 ; L-7; State Plane Coordinates - X: 2,707,600 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 - 10/27/05 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Municipal District AEC(s) Involved: PTA,PTS (D) Water Dependent: YES (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Town Sewer System Planned - N/A (F) Type of Structures: Existing - Buildings and other impervious surfaces have been removed Planned - 4 buildings totaling 36 condo units, two piers/docks with 42 boat slips, bulkhead (G) Estimated Annual Rate of Erosion: None 7. HABITAT DESCRIPTION: [AREA] nP1PnnPn FIT.T .FT) OTHER (A) Vegetated Wetlands 5,063 ft2 (Shaded) (B) Non-Vegetated Wetlands ± 580 ft2 Pantego Creek bottom (C) Other ±96,703 ft2 (Filled (Uplands) and Graded) (D) Total Area Disturbed: 2.3 acre or 102,346 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct two piers/docks with 42 slips, a bulkhead along portions of the shoreline and four buildings totaling 36 condominium units with associated roads, parking, walkways, and utilities. Day Beacon 99 Town of Belhaven Beaufort County Project Setting, The 2.2-acre project site is located in the Town of Belhaven at 386 East Water Street adjacent Pantego Creek in Beaufort County, North Carolina. This project and site was subject of a recent Environmental Assessment document. Review of this document was completed in early October 2005 and resulted in a Finding of No Significant Impact. The site was formerly known as Sea Safari Limited a blue crab processing business. The entire site while Sea Safari was in operation was covered in impervious surface (90.6%). Impervious surfaces included several buildings, concrete and gravel. The shoreline along Pantego Creek was stabilized with both concrete rubble and a deteriorated wooden bulkhead. In some areas the wooden bulkhead is not evident, as it failed overtime it was buried in concrete rubble. In some areas, this rubble has migrated offshore. There exist two different sets of dilapidated pilings from previously existing piers in Pantego Creek. An intact pier exists within the riparian area of the project site. This pier/dock is used for permanent mooring of vessels patronizing the Belhaven Waterway Marina located adjacent to the project site on the north side. There is a federal channel with a project depth of 12' in Pantego Creek offshore of the project site. There is a rectangle shaped peninsula approximately 20' wide x 80' long located on the south/downstream side of the property. This area was stabilized with a bulkhead and covered with a open sided, tin roof structure. The bulkhead has failed along with the open sided tin roof. The bulkhead along the offshore end of the peninsula failed sometime ago as this area was covered with a wooden deck built on top of bulkhead pilings. Remnant boards exist that demonstrate the previously existing bulkhead alignment. Concrete rubble is present landward of the failed bulkhead under the wooden deck and along the peninsula shoreline. Water depths range from 3.5' to 10' within the project site's riparian area in Pantego Creek and 3.0' to 3.5' in the basin on the north side of the project site. There exist debris fields of concrete rubble in the project site's nearshore area, most likely deposited there by storms washing against the concrete rubble placed over the failed bulkhead. The current owner/applicant has cleared the property removing all the buildings and associated infrastructure, essentially clearing the site to bare ground. This work was undertaken in early 2005. CAMA General permit no. 40700-B was issued on 29 March 2005 for 500 linear feet of bulkhead that was subsequently built. The new bulkhead was built starting from the peninsula on the south side of the property to the basin adjacent the project on the north side. The entire site has been filled and rough graded in preparation for the proposed upland development. The owner has an approved erosion and sedimentation control plan for the demolition and removal of the buildings and for the fill and rough grade work. There is no vegetation present on the site. Quible Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Phone: 252-261-3300 Fax: 252-261-1260 SINCE 1959 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lossltec C.E.P. Eduardo J. Voldivieso, P.E. ASSOCIATES Joseph J. Anlaut P.E. Katherine C. Marchello, P.L.S. October 25, 2005 Mr. Steve Trowell NC Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Re: Day Beacon # 9 - Major CAMA Permit Application Dear Steve: The purpose of this correspondence is for Quible & Associates, P.C. (Quible) to submit to the NC Division of Coastal Management (DCM) a CAMA Major Development Permit Application for the Day Beacon 49 Marina and Condominium project proposed in Belhaven, Beaufort County, NC. I further reference the October 11, 2005 letter of response that you provided on behalf of DCM following your review of a draft Major CAMA Permit application submitted by Quible on September 18, 2005. The enclosed application package has been prepared in response to the DCM comments and is being submitted as a complete package which, we anticipate, is ready for processing and distribution. The package includes: A. 27 copies of plan view and cross sectional plats, Sheets 1 and two of 2. Sheet one includes the alignment of the Pantego Creek federal channel as requested in your 10/11105 letter. B. Project Narrative and signed copies of Forms DCM MP-1, 2, 3, 4 and 6. C. Certified Mail receipts from adjacent riparian property owners. D. Deeds for the subject property. (Note: The 2.2 acre property was sold in two tracts and separate deeds are included for each parcel.) E. The application fee check for $400.00 payable to DENR. F. An amended site location map. G. A NC Division of Land Resources, Land Quality Division, October 21, 2005 Letter of Approval for Erosion and Sedimentation Control Plan No.: Beauf 2005-012. The amended plan has been implemented on the property. DAY BEACON #9 - MAJOR CAMA PERMIT APPLICATION NARRATIVE OCTOBER 18, 200 PROPOSED PROJECT DESCRIPTION The purpose of this correspondence is for Quible & Associates, PC (Quible) to provide the NC Division of Coastal Management (DCM) with a narrative description of the proposed development at the Day Beacon # 9 Condominium and Marina Project. The subject 2.22 acre tract is.owned by Dixon/Hoyle Partnership, LLC (Dixon/Hoyle). The narrative is prepared as supplemental information to support the submission of a CAMA Major Permit Application. Included with the narrative are the required DCM Forms MP 1, 2, 3, 4 and 6 and Attachment A, a USGS topographic map, Attachment B, an aerial photograph of the subject site, and Attachment C, Sheet lof 1, a blue line drawing that provides a plan view and cross sectional detail of the proposed project. The subject 2.22 acre property is located on the southwest side of E. Water Street in the Town of Belhaven, Beaufort County, NC. The property has frontage of Pantego Creek. As a further reference the property lies at approximately 35°32 '9" N latitude x 76°37"20" W longitude. Existing feature on the tract include 500 linear feet of bulkhead constructed utilizing CAMA General Permit # 40700B, a deteriorated 95' long by 25' wide roofed, open side pavilion that extends into Pantego Creek and a large number of relic pilings in the public trust waters of Pantego Creek where an old dock system was located.. The application proposes to construct 36, two bedroom condominium units on the subject tract with 9 units per building in 4 separate buildings. The application also proposes the construction of 42 new boat slips within the public trust waters of Pantego Creek for the exclusive use of owners and guests of the condominium units, including construction and installation of associated roads, parking, walkways and utilities as depicted on Attachment C. Also proposed is the reconstruction of the bulkheaded and roofed, open sided pavilion located at the southeast corner of the tract. The facility will be used as an amenity for the owners. The bulkhead will be constructed in the same alignment and configuration of the existing deteriorated bulkhead. As a part of the bulkhead construction, an area of open water that extends approximately 20' landward of the existing bulkhead that will be filled to facilitate the construction of the pavilion deck.. The roof line will be re-built utilizing the surveyed footprint of the existing structure. The pavilion will remain open sided. The application also requests permission to remove existing, deteriorated pilings and wooden and concrete debris that currently lies on the bottom in proximity to the tract. Attachment C depicts the general location of the materials requested for removal. Prior to the purchase of the property by Dixon/Hoyle, the subject tract operated as a blue crab processing plant known as Seafood Safari, Ltd. Attachment C provides an as-built drawing of the crab plant and associated infrastructure. Existing impervious surface on the site during that 1 Form DCM-MP-1 I AV PLlCATT_r;1?1 (To be completed by all applicants) c. Street address or secondary road number 1. APPLICANT Water Street in downtown Belhaven St. between Robbs Marina and Waterway Marina a. Landowner: d. Is proposed work within city limits or planning jurisdiction? X Yes No Name Dixon - Hoyle Partnership, LLC. e. Name of body of water nearest project (e.g. river, Address PO Box 1327 creek, sound, bay) Pantego Creek City Nags Head State NC Zip 27959 Day Phone 252.441.2110 3. DESCRIPTION AND PLANNED USE Fax 252.441.8209 OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. Name Qttible & Associates. P C building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Remove existing dock pilings and debris in Pantego Address PO Drawer 870 Creek. Construct 42 slips with finger piers and mooring pilings. Demolish and re-build existing State NC City Kitty Hawk roofed, open pavilion. Construct 36, two bedroom condominiums with associated parking and infrastructure. Zip 27949 Day Phone 252.261.3300 b. Is the proposed activity maintenance of an existing project, new work, or both? New Fax 252.261.1260 c. Will the project be for public, private or commercial use? Private c. Project name (if any) Day Beacon #9 NOTE: Permit will be issued in name of landowner(s), and/or project name. 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 nroiect is to replace an existing 2. LOCATION OF PROPOSED PROJECT a. County Beaufort b. City, town, community or landmark Belhaven crab processing facility with a private marina and condomimium project for the exclusive use of the owners and guests of the units. (See enclosed narrative for more detail) Revised 03/95 Form DCM-MP-1 I 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 © 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 3.0 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 Robbs Marina Address Attention: Ryan S. Razook Directed Capital Resources, LLC 333Third Ave. North, Suite 400 St Petersburg, FL 33701 Phone 727.898.6606 Name Belhaven Waterway Marina Address Atten: Les Porter 332E. Water Street Belhaven, NC 27810 Phone Name Address Phone Name Address Phone o A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA GP 40700-B Dixon Hoyle Partnership, Issued 2911arch 2005 © A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. ® A signed AEC hazard notice for projects in oceanfront and inlet areas. 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. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, 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 18 day of October, 2005 Print Name John W. Dixon Signature IL A- i- -?° Lat:wner or Authorized Agent Please indicate attachments pertaining to your proposed project. x DCM MP-2 Excavation and Fill Information x DCM NIP-3 Upland Development Revised 03/95 Form DCM-MP-2 I EXCAVATION AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Existing Final Project Length Width Depth De th Access channel MDV or ?NWL na Canal na Boal basin na Boal ramp na Rodl groin Ila Rock breakuvaler ria Other (ENCluding Ila shoreline stabilization 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards NA b. Type of material to be excavated NA c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards NA 2. DISPOSAL OF EXCAVATED 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), SAVs 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 120' linear feet bulkhead to stablize remainder of western shoreline. 197' linear feet of bulkhead to re-construct the roofed, open pavilion (see plat). Pavilion bulkhead to be built in alignment of existing, deteriorated bulkhead. c. Average distance waterward of MHW or NWL Average of 2' for shoreline stablization. Ranges from 0' to 20' for pavilion d. Maximum distance waterward of MHW or NWL 5' for shoreline bulkhead. Approximately 20' at waterward end of pavilion. Revised 03/95 Form 'DCM-MP-3 UrLuI_'FT'jj 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. a. Type and number of buildings, --facilities, units or structures proposed 36 - 2 bedroom condominium units with associated parking and infrastructure (Water, sewer, electric, etc.). Re-build of open pavilion. Installation of marine pumpout and dry fire hydrant. b. Number of lots or parcels buffer applies. See Narrative h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted Stormwater will be submittedt within the next two weeks. i. Describe proposed method of sewage disposal. _Central sewerage service will be provided by the Town of Belhaven. c. Density (give the number of residential units and the units per acre) 36 units total. 16.2 units per acre in four separate buildings. d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 2.22 acres 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. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted Sedimentation Plan 4Beauf- 2005-012 issued Permit 2/15/05. Amended 10/20/05 to reflect current site plan. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt, concrete and pavers g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. NA No 75' AEC exists in Pantego Creek. Tar-Pamlico 50' riparian Have the facilities described in Item i. above received state or local approval? Belhaven system is approved. Extension of service to Dav Beacon #9 has been reouested (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Town of Belhaven m Will water be impounded? If yes, how many acres? _ n. If the project is a oceanfront development, when was the lot(s) platted and recorded? NA John W. Dixon, Dav Beacon 49) Applicant orjProject Name l? ?LL. Li? SiSin re October-'l8, 2005 Date Yes X No Revised 03/95 Form DCM-MP-6 (Required for the mooring of more than 10 vessels Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public X Residential b. Will the marina be open to the general public? Yes x No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 36 condominium units proposed. None constructed d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies x Dockage ("wet slips") only Number of slips 42 Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel X Open water, no dredging required X Other (describe) existing dilapidated marina f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). Open runabout, small fishing boats, motor boats Small sailboats g. Typical boat length 20' to 40' h. Maximum boat length 40 Are any floating structures planned? No If so, describe 2. MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. Office toilets 36 Toilets for patrons Number Each condominium unit will have bathrooms available Location Showers X Boat holding tank pumpout Type and location See Plat for location. Connects to Belhaven central sewer system b. Describe treatment type and disposal location for all sanitary wastewater. All wastewater handled b Town of Belhaven. c. Describe the disposal of solid waste, fish offal and trash disposal. Domestic solid waste handled by the Town of Belhaven. Onsite pick-up. d. How will overboard discharge of sewage from boats be controlled? Overboard discharge will be Prohibited. Pumnout rovided e. Give the location and number of "No Sewage Discharge" signs proposed. 1 @ pumpout location f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA. g. Where will residue from vessel maintenance be disposed of ? No vessel maintenance allowed at marina. Revised 03/95 0.00° W Util?" C c 7, O O M ice. CO ? _ `?• a ° 13 t1 ° . ? Belhave 4 n P76° 37'10.00" W I P76' 36'10.00° W n Z •?t•in ._ - - • _ CO O 11-1 X.. elhaven • , Cud (5t•1 4) Island [?y \ 'o° l' ?(' ? c / ti 8Gum N °rai" f•?i.? ii. :??' fq? M ? ?., [Tattalina Pt - ,Pp• ? ! z ? b• l • ' ©de Q1 # r ° J ?oofcY,,' o G ° \\ t ?,. ~1 Toy{eys Pt p :. ., r _ a Bivalve - M LO Pt ?J CO I -i it • ..,. G. i p II D C A Tcca ,! 2 Pun 1 go Pt c.- Z non Tree Pt " o' 0 0 Cl) o ? \ I ? 10° w 1 676° 3 810.00' Name:BELHAVEN Date: 10/21/2005 Scale: 1 inch equals 2000 feet I / z y -P L'.ti' G O---C L ' v, b76° 37-10.00- V/ 76° 36' 0.00' Lower z 0 0 0 N M U) CO 10 Z 0 0 0 M LO CO Location: 035° 32' 11.00" N 076° 37'7.50" W Caption: USGS Site Location Map Daybeacon #9 Belhaven, Beaufort County Copyright (C) 1998, Maptech, Inc 0_. ?:: D S - a-o a, S Permit Class NEW al a-0 1 a.S Permit Number 19-06 STATE Or NORTH CAROLINA Department of Environment and Natural Resoure . p- and ) - Coastal Resources Commission FFR 'V t -jd iJ riic? J IC'h: 1i;11LZ LTV ticvH for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to _Day Beacon #9, do Dixon Hoyle Partnership, LLC, PO Box 1327, Nags Head, NC 27959 Authorizing development in Beaufort County at Panteao Creek Water St. Belhaven , as requested in the permittee's application dated 10/18/05 including the attached work_plan drawings (2) 1 of 2 dated 7/6/04 and 2 of 2 dated 10/24/05. This permit, issued on January 30, 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 I- -1,;-t M f;nac ;mnr;cnnmPnt nr civil action: or may cause the permit to be null and void. Marina 1) Prior to the occupancy of any new slips authorized under this permit, a marine pump out sewaje disposal facility shall be installed and operable, and maintained for the life of the marina. 2) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a representative of the Division of Coastal Management (DCM) to ensure that the required pump out facility is in place and operable. 3) The marina shall display a sign showing the location of the on-site pump out facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. (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. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2009 In issuing this permit, the State of Forth Carolina agrees that your project is consistent with the Forth Carolina Coastal Management Program. Signed by the authority or ule 3CCreI1[y Vl 1-1 ivt? u\\u u. Chairman of the Coastal Resources Commission. i Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Day Beacon #9 ADDITIONAL CONDITIONS Permit # 19-06 Page 3 of 5 12) Due to the proximity of the federally maintained channel, boats utilizing the docking facility shall be subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. Pavilion 13) The authorized pavilion shall be single story, and shall not be designed to allow for second story use, and shall be rebuilt within the original footprint. 14) The authorized covered pavilion shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. Condominium Unit Buildings 15) Unless specifically altered herein, this permit authorizes only the grading and other land disturbing activities associated with the development and construction of four 3-story buildings housing 36 units and associated parking and utilities of the property owned by the applicant located on Water St. in Belhaven, Beaufort County, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 946- 6481 for this determination. Shoreline Stabilization 16) The alignment of the approved bulkhead located on the east end of the property, and the approved bulkhead around the pavilion, shall adhere strictly to the alignment depicted in the attached workplan drawings. 17) The bulkheads shall be constructed prior to any backfilling activities. 18) The bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the structure. 19) The bulkheads 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, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 20) The backfill material shall be clean and free of any pollutants except in trace quantities. 21) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Day Beacon #9 ADDITIONAL CONDITIONS Permit # 19-06 Page 5 of 5 28) Any mitigative measures or environmental commitments specifically made by the applicant in the Environmental Assessment for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of the permit and any subsequent modifications. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future, development of the, permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further 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 3 of any coastal wetlands. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 052025), which was issued on 12/20/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200610074.