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HomeMy WebLinkAbout20051372 Ver 2_Application_20061215~~ coasrgrgr 05-13~a. ua. 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. Cvndi 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 DATE: 13 December 2006 SUBJECT: CAMA Application Review ®~ Respond to Doug Huggett Morehead City Office APPLICANT: Wayfarers Cove Marina for Minnesott Beach Holdings, LLC D~~~~ a F ate '._~ { ~' ~, ~~ fJG= (, ~ ~ ?fJGb Or.f J;~, ~rY~TI gt~~i~: A,i+p s s ,. i-~ s.t ~„ , j ~~~~~~~t~~~~~~~~r~ PROJECT LOCATION: 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina. PROPOSED PROJECT: Applicant proposes to modify existing CAMA Major Permit no. 109-84 to replace the existing 152-slip pile supported marina structure with a 152-slip floating structure, modifying the existing irregularly shaped inland basin into a more uniform shape and bulkhead the perimeter adjacent the upland areas. Please indicate below your position or viewpoint on the proposed project and return this form b_y 2 January 2007. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed Date ~„~ 'VoilhCnrolina ~l ~ttur~tllr~ 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. 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.net/ An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper ~ ~ AVOLIS ENGINEERING, P.A. ~LJ P.O. Box 15564 New Bern, North Carolina 28561 (252} 633-0068 December 7, 2006 Mr. David Moye North Carolina Division of Coastal Management Washington District 943 Washington Square Mall Washington, NC 27889 RE: Wayfarers Cove Marina Modification Minnesott Beach, Pamlico County, North Carolina AE Project No. 05125 Dear David: Attached please find the modified CAMA Major Permit application for the referenced project consisting of the following: • CAMA Major Permit Application (Original) • Project Narrative • Project Plans (25 Copiesj ® Clriginal Green Cards for Abetting Property Owners and Notification Letter (:Previously Provided) • Copy of Property Deed to Minnesott Beach Holdings, LLC (Previously Provided] • Copy of Property Deed to Minnesott Golf and Country Club (Previously Provided) • Copy of Access Channel Easement/Deed (Previously Provided) • Copy of Zoning Certification for .Property from Minnesott Beach (Previously Provided) • Copy of Stormwater Permit (Previously Provided) • Archeological Letter (Previously Provided) • Copy of Existing Marina CAMA Permit (Previously Provided) • Copy of Upload Development CAMA Permit (Previously Provided) • Letters (2) Authorizing Work on Adjoining Properties (Previously Provided) • Existing Slip Count/ Configuration (Previously Provided) • $400.00 Permit (Previously Provided) • Authorized Agent Letter -Enclosed • Wayfarers Cove Marina Rules -Enclosed • Dissolved Oxygen Study -Enclosed Comments from your initial review of the project have been incorporated in this permit package. It is requested that you review the permit application as soon as possible. Your assistance in this matter is appreciated. Sincerely, ~ . ,Ke Avolis, P.E. ~:. ice- .,resident PROJECT NARRATIVE & DISCUSSION Wayfarers Cove Marina Modifications 1107 Bennett Road Minnesott Seach, North Carolina 1.0 PROJECT SUMMARY The Minnesott Beach Marina modification project consists of the replacement of existing wooden dock facilities with a new floating dock system and the expansion of the inland marina basin at the existing Wayfarers Cove Marina located at 1107 Bennett Road in Minnesott Beach, Pamlico County, North Carolina. The existing marina contains a total of 151 in-water slips, an active boat yard area, shop facility, dockhouse and other marina related structures located on the site. In 2005, upland development approvals were obtained for the construction of residential dwellings around the marina basin on upland areas. A CAMA Major Permit was previously issued associated with the upland development as presented on the project plans. To date, this development has not been constructed; however, it is presented as existing development since it was previously permitted. At this time, Minnesott Beach Holdings, LLC, the owners of the property are proposing to complete the marina renovations as originally conceptualized at the onset of the project. Specifically, it is proposed that the existing wooden fixed dock facilities be replaced with floating docks. Additionally, the erratically shaped basin will be reconfigured through upland excavation and filling activities to realign portions of the basin perimeter. Anew bulkhead will be installed along a portion of the basin perimeter. Additionally, as a part of the proposed modifications, the marina basin will be dredged to a minimum control depth of seven feet, an average final depth of 7.5 feet, and a maximum design depth of 8.0 feet. In addition to the basin reconfiguration and dock replacement, a series of wooden walkways will be constructed along the perimeter of the marina basin to provide access to water features. A wood walkway will extend along the landward edge of the majority of the new bulkhead and will terminate in a gazebo to be constructed adjacent to the entranceway adjacent to the Neuse River. Additionally, grading activities will be completed between the proposed upland development and the face of the new bulkhead to establish final project grades. This CAMA Major Permit application is being submitted in conjunction with the proposed marina modifications as outlined in the enclosed permit application and project plans. A portion of the dredging activities at the basin entrance channel will occur on property currently owned by Minnesott Beach Golf and Country Cltib. Wayfarers Cove Marina has an existing easement covering this portion of the project. Additionally, attached with the CAMA Permit application, is written authorization from Minnesott Beach Golf & Country Club allowing Minnesott Beach Holdings, LLC to complete the additional dredging activities as presented on the CAMA Major Permit application. 2.0 EXISTING CONDITIONS The existing marina consists of an inland manmade basin which was constructed during the 1970's. An entrance channel was cut from the Neuse River into the property to access an inland basin covering a total area of approximately 5.89 acres. As presently configured, a total of 151 wet slips exist within marina. All docks are fixed wooden docks. A wooden bulkhead surrounds a portion of the marina basin. A travel lift, boat yard area, bathhouse, shop/work area and boat storage area exists on the property which will be demolished to accommodate the upland development depicted on the site plans. The existing boat yard area and service activities will be relocated to the northwestern corner of the property to allow for development of residential dwellings around the proposed new marina basin. All existing bulkheading and dock systems and the haul out facility will also be removed as part of the marina modifications. A CAMA Major Permit application exists for the marina operations as they exist today. A copy of this CAMA Major Permit application is included with this CAMA Major Permit application. The permit was recently reissued to the current property owners, Minnesott Beach Holdings, LLC on June 7, 2005. This permit also authorizes maintenance activities for basin dredging and access channel dredging. 3.0 PROPOSED CONSTRUCTION It is proposed as part of the marina basin modifications that portions of the existing basin be filled and that portions of the existing upland areas be cut to establish the new alignment of the bulkhead as presented on the project plans. It is proposed that a total of 2,739 cubic yards of material be placed below the existing normal water level of the existing basin. An additional 2,348 cubic yards of material will be placed above the normal water level of the existing basin to create a new basin shape. Additionally, it is proposed that a total of 32,173 cubic yards of material be cut from existing upland areas to create new areas below the normal water level. Additionally, dredging activities are proposed within the footprint of the existing basin to create a minimum design depth of seven feet on the northwestern corner of the new basin alignment. It is proposed that a total additiona19,200 cubic yards of dredge material be excavated from the existing basin bottom to establish the new design grades. A gradient from -8.0 feet to -7.0 feet will be created along the basin bottom from the most inland point in the basin to the mouth of the basin at the entrance. It is proposed that all excess spoil material from cutting and dredging activities be utilized to establish final design grades or to construct a landscaping berm on the adjacent property to the north which is currently owned by Minnesott Beach Builders, LLC. All material excavated by hydraulic dredging will be pumped into an earthen berm/dike to be constructed on the central potion of the site. The dredge spoil will be allowed to dewater through the permitted Stormwater Infiltration Basin #2. Discharge will occur from this infiltration basin back to the marina basin. It is estimated that a maximum of 9,200 cubic yards of hydraulic dredging will occur on the project. A new bulkhead will be constricted around a portion of the marina basin. The eastern side of the existing marina basin which abuts coastal wetland areas will not be disturbed by the proposed construction. The limits of bulkheading for the new marina basin are annotated on the project plans. It is proposed that a total of 3,272 linear feet of bulkheading be installed along the new basin area., All bulkheading material will be constructed of vinyl sheet piling with a wood whaler system and a tie back system. It is proposed that a new floating dock system be constructed within the realigned basin area to the configuration presented on the project plans. The new marina will contain a total of 152 floating slips. The slip numbering is annotated on the project plans. The floating dock system will be accessed by gangways located at the head of each dock system. A new haul-out well will be constructed at the northwestern corner of the marina basin. The location of this haul-out well aligns with the previous location of the access road to the remote marina yard area located on the northwestern side of the property. Other marina related construction activities to occur include the development of a wooden walkway around the perimeter of the majority of the marina basin on the landward side of the bulkhead, including a small day dock on the eastern side of the entrance channel to serve the existing boat ramp at the Country Club. Additionally, a wooden walkway and gazebo area will be established adjacent to the Neuse River at the edge of the western side of the entrance channel to the marina basin. A pump out facility and fueling facilities will be provided at the location of the fiiel dock as presented on the project plans. A "Closed Head" policy will be strictly enforced at the marina. "Closed Head" signage and "No Wake Signage" will be installed as presented on the project plans. 4.0 PURPOSE AND USE The purpose and use of the new Wayfarers Cove Marina facility will be to replace the dilapidated wooden structures that presently exist. These facilities are approximately 34 years old and are at the end of their usefiil life. Additionally, the existing bulkheading system is proposed to be realigned to allow for a more functionally designed marina facility and to improve access to docking areas. The boatyard area and haul-out well area are being relocated to better accommodate residential development along the inland basin. The existing marina repair facilities will be relocated to a more remote section of the property. The excavation and filling activities to be completed in the marina basin area will occur through the use of excavators and draglines for upland excavation and fill and by hydraulic dredge for portions of dredging that will occur within the existing basin area. Construction of the bulkheading system will occur from both the land and water side of the bulkhead through the use of barges and conventional excavators, dump trucks and backhoes. The docking system will be constructed primarily from barge equipment. 5.0 PREVIOUS PERMITS ISSUED Development permits are in place associated with all upland development as presented on the project plans. The Town of Minnesott Beach Planning and Zoning approval has been completed and the actual subdivision of residential lots has occurred for all upland development. Additionally, a Coastal Stormwater permit, Erosion Control Permit and CAMA Major Permit have been issued associated with upland development. Public water and central on-site sewer permits are being sought for upland development at this time. This CAMA Major Permit application is being submitted associated with the proposed marina modifications including the realignment of the marina basin, reconstruction of the bulkheading and docking system, the reconstruction of the haul out facility and for all grading activities that will occur between the upland development and the face of the new bulkhead. 6.0 DISSOLVED OXYGEN STUDY Land Management Group, Inc. of Wilmington, North Carolina has completed a Dissolved Oxygen Model of the existing and proposed marina facilities. The findings of this dissolved Oxygen Study are contained under separate cover and presented by Land Management Group, Inc. Form DCM-MP-1 ~Q~ va, ~~ -132 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: (See Below) Name Minnesott Beach Holdings, LLC Address 1107 Bennett Road City Arapahoe State NC Zip 28510 Day Phone 252-249-1424 F~ 252-633-6507 b. Authorized Agent: City Name Aeolis Engineering, P.A. Address P • O. Box 15564 New Bern State NC Zip 28561 Day Phone 252-633-0068 Fax X5,2-6.3z~6~1L7 c. Project name (if any) Wayfarers Cove - Marina Modifications N07E: Pernat will be inured in name of lm+dow++er(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Pamlico *Access Channel Easement Area Owner: Revised 03!95 b. Cittyy, town community or landmark Minneso~t Beach c Street address or secondary road number Off NC 306 at the end of SR1121 d. Is proposed work within city limits or planning jurisdiction? R Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) NP++GP River and Alligator Gut 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Saa Nal-rati Ve b. 1s the proposed activity maintenance of an existing project, new work, or both? Both c. Will tsze proiect be for public, private or commercial use? Commercial d. Give a brief description of purpose, use, methods of constcvction and daily operations of proposed project. If more space is needed, please attach additional pages. See Attached Summary Minnesott Golf & Coon Cl - ` ~'~s. trY ~~~~~~ Y , 5_+,1+i~' i~ ~~ 806 Country Club Drive ~ l .~ b ~,~`,h Arapahoe, NC 28510 ~ ~- ' (252) 249-0813 ,:: ~ : ^`-'~~Y N DEWK - Y~~~jr,~i.AY~iai~RG ~E1U+N~S ~ti ; ,. , , Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract See Below b. Size of individual lot(s) 0.05 acres - 0.23 acres c. Approximate elevation of tract above 11SHW or NWL 5' - 20' d. Soil type(s) and textures) of tract e. Vegetation on tract Pines, Hardwood f. Man-made features now on tract ~~ Basi.n. Piers, Haul-Out Well, Boatyard, Residences, Doclthouse, Bath Houser Pool g. What is the CAMA Land Use Plan land classification of the site? ~~~ vk r~mt wW~ p~.~ m. Describe existin wastewater treatment facilities. Low pressur~ septic systems were approved durirxx review process for LAMA Maior Permit Nn_ 132-n5_ 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.) Stormwater runoff f 1 de to tal S star Perna. Issu /15/05 (Copy Attached) o. Describe existing drinking water supply source. Public Water -Pamlico County 5. ADDITIONAL, INFORMATION In addition to the completed application form, the following items must be submitted: Conservation Transitional • Developed X Community Rural Other h. How is the tract zoned by local government? PUD Overlay -Residential Multi-Family i. Is the proposed project consistent with the applicable zoning? X Yes No (Atmeh zorting evtr~plianee etrtifitate, !f applicable) ~ See attached letter from Town. j. Has a professional archaeological assessment been done for the tract? _~ Yes No If yes, by whom? URS Corporation, Morrisville, North Carolina (See Attached) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1, Are there wetlands on the site? X Yes ` No Coastal (marsh) ,~_ Other If yes, has a delineation been conducted? Yes (.4trade doew~er~tation, iJ'a+asilableJ Site Data: Total Tract 40.74 Acres A copy o!• 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 yr other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An aa~rate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1R' by lI" 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 {'.orps 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 Total Area of Site Below Normal Water Level: 5.89 Acres Total Entrance Channel Access Easement Area: 1.62 Acres Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmazks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return recdpts as proof that sack owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Thelbert & Barbara James Address 244 River Drive, Arapahoe, NC 28510 Phone Name James & Julia McDonald Address 76 Beach Drive, Arapahoe, NC 28510 Phone Name Address ~ _ ~ _ Phone • A List of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. See Narrative • A check for $~Cmade 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 azeas. • A statement of compliance with the N.C. Fa~vironmental Policy Ad (N.C.G.5. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Cazolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued m response to this ap~liration will allow only the development described in the application. The project w01 be subject to conditions and restrictions contained i~ 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 ~~~ day of ~~~~~r> Print ' clts, r/Ma~jn~ager Signature % l" ~`~`"""`~ ~'1 Lmdowner or Authorised Agerd Please indicate atxachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development ' X DCM MPS Structures Information _DCM MP-S Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment In the space pro ed at the bo ont of each form. Brad Rice, President Minnesott Golf & Country Club RevEsed 03/95 Farm DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for LAMA Major Permit, Form DCM-MP-I. 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. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 18, 768 CY 9 200 CY - Exi tin bas'n footprint dredging b. Sand of material tosbe e~cavate~ Arersige Ftnal EsdsdctR ProJea Access channel (MLA or (I Canal Boat basin Boat ramp Rock groin Rock breakwat Other F (Excluding shoreline stabiliul' See Plan Revised 03!95 Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No Highground excavation in cubic yards13,405 CY DISPOSAL OF EXCAVATED MATERIAL Location of disposal area Adjoining Wayfarers Cove Builders, LLC Dimensions of disposal area3, 000 LF * 50' Wide, 3.44 AC. 35,873 CY total spoil to be disposed offsite. Do you claim title to disposal area? Yes X No If no, attach a letter granting permission from the owner. See attached letter -Owned by Wayfarers Cove Builders, LZC Wilt a disposal azea be available for future maintenance? ~ Yes No If yes, where? Same disposal area as depicted. Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _~ No f. Does the disposal include any area in the water? Yes „~_ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 3,2.72. Linear Feet c. Average distance waterward of MHW or NWL 2 Feet d. Maximum distance waterward of MHW or NWL 75 Feet e. Shoreline erosion during preceding 12 months None - Bulkheaded (Source of information) Visual Observation f. Type of bulkhead or riprap material Vinyl sheet pile g. Amount of fill in cubic yards to be placed below water level (1) Riprap None (2) Bulkhead backfill 2, 739 CY h. Type of fill material Sand Source of fill material On-site fill 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a Will F11 m?rPri~l F,e ~~n.~n~r fn city? • J. U1~404Y YV Y• Yes X No If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area (3) Purpose of fill Wi11 fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes ~_ No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing and other erosion control devices. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe. Hvdraulic Dredge. Dumb Truc Hydraulic Dredge c. Will wetlands be cr:,ssed in transporting equipment to project site? Yes X No • If yes, explain steps that will be taken to lessen environmental impacts. Minnesott Beach Holdings, LLC To lcs /Mono er Applicant or N Stgmture ~~~~~ Dste Brad Rice, Presid Minnesott Golf and Co try Club Revtud 03195 Form DCM-MP-4 STRUCTURES (Construction within Public Trtut Areas) Attach this form to ]oiat Application for CAMA Major Permit, Form DCM-MP-1. Be sure to wmplete all other sections of the Joint Application which relate to this proposed project. a. b. Dock(s) and/or Pier(s) (1) Commercial -Community X Private (2) Number 10 (3) Length Varies -See Plan (4) Width Varies -See Plan - 8' Max (5) Finger Piers X Yes No (i) Number 66 (ii) Length 45' Max (iii) Width ~ 6 Max (6) Platform(s) ~_ Yes No (i) Number 7 (ii) Length 78.5' to 88.0' {iii) Width 6' (7) Number of slips proposed 152 (8) Proximity of structure to adjacent ri~arian property lines rand Basin > 15 (9) Width of water body Varies - 205' Max (10) Water depth at waterward end of pier at MLW or NWL 7 ~ - 8' (11) Country Club Area 6' W * 350' Lo Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length (s) Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys 1V/A (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift mooring pilin ,etc.) (1) _ Commercial _Community _, Private (2) Number _65 (3) Length 30' (4) Width 10" Diameter Woa3 Othef (Give earrmlert deseriydonj '1. Haulout Travelift Pier System (2 ~) Walkways 6 Wide * 60'~ Long ,(2) Marine Rail Piers 5 Wide * 60 Long Minnesott Beach Holdings, LLC ' ks M Applicant or j 1 . l'Lr ~-~,~ ~, Signature Date 1~ G~ ~, Brad Rice, Preside Minnesott Golf and Club Rev~ced 03!95 Form DCM-II-IP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Pernut, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate tv this proposed project. ' g. Typical boat length 35' - 50' 1. MARIl~tA CHARACTERISTICS h. Maximum boat length.. 70' i. Are nay floating structures planned? Yes If so, describe Sound Marine, Inc. Floating Dock system a. Check below the type of marina proposed. X Commercial Public X Residential b. Will the marina be open to the general public? X Yes No c. If there is residential development associated with the marina, how many uniu or lots are planned and hc,w many are currently developed? 91-Units proposed, none develo cp~l _ Check all of the types of services to be provided. X FuII service, including travel lift and/or rail ~- Dockage, fuel, and marine supplies -~ Dockage ("wet slips") only Number of slips 152 _~ Dry storage Number of boats 28 In Boat Yard Area) Boat ramp(s) Other (describe) Check below the proposed type of siting. ~_ Land cut and access channel Open water with dredging for basin and/or channel Open water, ao dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mined types), 30' - 50' Sailboat 30 - 50 Powerboat Slips 55, 70, 85, 100, 1 5, 130, Rr.~d 0395 145 Moor Boats 65 to 70 Feet 2. A?AR1NA OPERATIONS Check each of the following sanitary.facilitaes that will be included is the proposed project. X Office toilets X Toilets for patrons ' Number 5 Location Dockmasters Office X Showers X Boat hoidin tank pumpout Type and location ~n Dockmasters Office b. Describe treatment type and disposal location for all sanitary wastewater. On-site wastewater treatment system with subsurface disposal. c. Describe the disposal of solid waste, fish offal and trash disposal. Public trash service - Minnesott Beac Municapa i y d. How will overboard discharge of sewage from boats be controlled? closed head si ~ -, randoi<t ch~:ks, visua o serva ons y stn e. Give the location and number of "No Sewage Discharge' signs proposed. At head of each dock. See plans for location. (11 Total) rm DCM-MP•6 ~ . .~ f, Describe the special design, if applicable, far containing industrial .type pollutants, such as .paint, sandblasting waste and petroleum products. Hazardous material 'stora shed fuel con ~.nmeri ,mar na yar . operations lan ' g, Where will residue from vessel maintenance be disposed of ? Rp~'clers where applicable f <`~,o ,/~ o. Is the marina proposed within`~.prirnar~r~ c~ . ~secotdary nursery arcs? ~ Yes' -. ~ ~ ~ p, ~ Is the marina proposed within an ar en tr . • shellfish harvesting? __ 1'es -.- q, Give the location and number of "pumpout Available" signs proposed. See Plans h. Give the number of channel markers and ~ "No Wake" signs proposed. "1" No Wake No New Channel Markers Proposed i. Give the location of fuel~aadling facilities, and describe the safety measures planned to protect area ' a,ater qualitv~'uel activi ie,~ii],~ b.,..-e located in area outtbbooaarr o lip #t4~ .and..#42. . e s to be double walled and located ]]acen11// o pumps at head of gangway near,, j, I~elsc~ib~~le~i2ttleasures that pibmote boat basin flushing or circulation and that reduce water quality. impacts. Prepared by Land Management Group, Inc - Wilm' i lc. What will be the marina policy on overnight and . live~oard docYage? t~vernight dockage will be allowed. No liveaboards allotaed. 1. ~Is the proposed marina located near any shellfish leases? Yes ! No If yes, give the name gad address of the leaseholder. m. If this pmjtxt is an expansion of as existing marina, what typal of services are currently provided? Boat yard, haul out, maintenances fuel, wet slips, ~t7y slips _- a. How many slips are now availahIe? 151 See attached existing slip count. Mirinesott Beach H%gs~, ~ Tan Hicks, N~.mber -- U ro Dote ~ ' Brad Rice, Presi Mirulesott Golf and Country Chub ReTlsrd 03/95 ADJACENT RIPARIAN LANDOWNERS 1. Thelbert T. James, Jr. 244 River Drive Arapahoe, NC 28510 2. James and Julie McDonald 76 Beach Drive Arapahoe, NC 28510 r' ~ (fC . .~~~0~` -...,1 November 7, 2006 To Whom it May Concern: Kevin Avolis, P.E. of Avolis Engineering, P.A. is hereby authorized to act as representative on the submittal and processing of the CAMA Major Permit application of Minnesott Beach Holdings, LLC for modification of permit No. 109-84. ly yours, Tom Hiclcs, Manager ;~ ~~'r~ ~'~.. ~ .,,.; h Mr. Stephen Lane ., ~~ ;~~r~~, North Carolina Department of Environmental and Natural Resources Field Representative ~~~~~~, Division of Coastal. Management ~ ~~~~„~ ~~ 400 Commerce Avenue Morehead City, North Carolina 28557 Re: CAMA Major Permit Application of Minnesott Beach Holdings LLC for modification of Permit # 109-84 Dear Mr. Lane: This is to advise you that the Minnesott Golf & Country Club, Inc. agrees that Minnesott Beach Holdings LLC shall be permitted to perform work described in the LAMA Application in the Alligator Gut channel entrance to the Wayfarers Cove Marina basin (formerly the Minnesott Beach Yacht Basin) in accordance with the existing Easement Deed granted by Minnesott Golf & Country Club to Keith A. Wolfenbarger and Judy E. Wolfenbarger recorded in Deed Book 200, Page 152 in the Registry of Pamlico County, North Carolina. Very truly rs Brad Rice, President Minnesott Golf & Country Club, Inc. 1(V ~~ ~-'- T3 ~7'fPL3~~ '~.+~'~D `~ ~-F'" ~Tc~,,s ~ /',4, ~K~~;~;.' ~ ~ ~e;~~,~~ Mr. Stephen Lane r.../ Sf,~"F~ ,°' ''t; ~~ y ~~ ~, ~.= <~:; .a: North Carolina Department of Environmental and Natural Resources ~~ ~ ~' ~a~~~. '"%t°;~~~~ Field Representative ~~~~ '~'°` Division of Coastal Management ~ .~ 400 Commerce Avenue ~~~" ~;, ~ ~., ~"~'~' Morehead City, North Cazolina 28557 Re: CAMA Major Permit Application of Minnesott Beach Holdings LLC for modification of Permit # 109-84 Dear Mr. Lane: This is to advise you that Wayfarers Cove Builders LLC agrees that Minnesott Beach Holdings LLC shall be permitted to perform work described in the CAMA Application in the property described in the North Carolina General Warranty Deed recorded in Deed Book 450, at Page 353 in the Registry of Pamlico County, North Carolina contiguous to the north border of the Minnesott Beach Holdings LLC property. your , l Tom Hicks, Manager Wayfarers Cove Builders LLC. ~ AV4LIS ENGINEERING, P.A. P,O, Box 15564 New Bern, North Carolina 28561 (252) 633-0068 . s~~ ~ ~ zao6 ®r~he~~ ~it~ ®~ September 18, 2006 Mr. James McDonald Mr. Julia McDonald 76 Beach Drive Arapahoe, NC 28510 RE: CAMA Permit Wayfarers Cove, Arapahoe, North Carolina AE Project No. 05125 Dear Mr. & Mrs. McDonald: Enclosed please find a copy of the above-referenced permit application for the referenced project which is to be constructed nn the nrnnPrt~. ~.~»~~~+ ~~ -~~••------•••- h Miru>.esott Beach Holdings ;nned action. Please direct • Stephen Lane, CAMA Complete Reins 1, 2, and 3. Also complete item~4 Restricted Delivery is desired. ~. Print y r name and address on the reverse so that a caritetum the card'to you. ®• Attach Is card to the back of the maUplece, or on the front if space permits. , 1. Article Addressed to: .~~ ~~- d~ ~.~.'~ a` IMF ~~Q- z. Seryia~ rabe~ A. Recelved`bj! (Printed Name) ~~ a~ a D. 15 delivery address dlttereirt iroMt nem rr ~-+ ~ ~; It YES, enter delivery address below:. O No ~ipt of this notice. a. servloa"type °sitate to call either myself (~CertlHed Mall p,:Expreas Mall. ~ Registered ~etum ;Recelptior Mei~chandlse ^,Inaured Mall C9~C,O.D, 4. Restricted Dellvery't (F-~ F'ee) 'O Yes .... - . 7005 182 002 4761 8119 PS form 381-1,, February 2004 ,Domestic Re4urn Receipt• vin Avolis, P.E. Vi e-President ~ AVOLIS ENGINEERING P.A. ~LJ P.O. Box 15564 • New Bern, North Corolino 28561 (252) 633-0068 SEP 2 8 2006 ^ Complete Items 1,•2, and 3.Aiso. complete 7t 4 if Restricted Delivery Is desired. ~ P t your name and address on the reverse s hat we can return the card to you. ~ A ch this card to.the back of.the mallpiece, cr n the front ff apace•permfts; . Article, Addressed to: (-~ra~~., NC 2~rs~~ A. Signature X ~, ^~~4gent B. Received O''Add~' D, le delive ~ • ry•address dBferetitfrorn"Cem t7 Q 1'es If YES, enter delivery address below;.. ~. No 3• ervice Type ~Certlflsd Mal[ p Press. Mall D Registered ~etum`q'eceipt for Mdretiendlse •C1.Ineured Mall D C.Q.D. 4rtlcle Number 4. Restricted Delivery? (Extra Fee), O:Yea 'har+sferarom serv/ce,labe!) - • . .; 7005 1800 0002 4761 8],02 ~ ' Form 3811, February.!2004 Domestic Return Receipt . e AvoliS, P.E. ,ro2ses.oz.M.nsao. is -President .. ~®r~h~ad C6~~ ~C September 18, 2006 Mr. Thelbert T'. James, Jr. 244 River Drive Arapahoe, NC 28510 RE: CAMA Permit Wayfarers Cove, Arapahoe, North Carolina AE Project No. 05125 Dear Mr. James: Enclosed please find a copy of the above-referenced permit application for the referenced project Which is to be constructed on the property adjacent to your property. Minnesott Beach Holdings • "•-_ - --^~~~+~~ nWnerc of the planned action. Please direct • .. ,~,_„ :ephen Lane, CAMA S'f 7/i /F I eipt of this notice. hesitate to call either myself ~vfttu July 11, 2005 NC Department of Environment and Natural Resources 934 Washington Square Mall Washington, NC 27889 ATTN: David W. Moye Dear Mr. Moye: 1 ~~~ ~~,~• ~ ,~?~ ,f;,, r Ly 4r~~~ `Gi( +N~~~r~ `^h J~~: ~~ ~°id ,,a. ?,'.,~ ~:,d, The proposed Wayfarers Cove Marina Property is incompliance with the Town of Minnesott Beach Zoning Ordinance. If you need additional information, please let us know, Sincerely, ~cc~ ~~..,---~` Ray Lee Mayor ~dN~ 'do- . ~ ,~,~~. Michael F, Easley, Governor Lisbeth C. Evnns, Sccerary Jeffrey J. Crow, Deputy Secretary Apri113, 2006 MEMORANDUM ~~ ~:.: t:ar ~~A; ~:,;,~a tb' J ~..,,1 .~ ~, to r+;';, ,p~ t7 ~ ST1~,D1 e . North Carolina Department of Cultural Resources State Historic Preservation Office ' Pete B. 5andbcek, Adrrunistator ~~,~~~ :, Office of Archives and History Division of Historical Resources David Brook, Director TO: David W. Moye Express Perrnits Coordinator . Washington Regional Office FROM: Peter Sandbecl~j~ ~ S;,qi,~,,,,,~ SUBJECT: Minnesott Beach Holdings, LLC, Wayfarers Cove, Pamlico County, ER 05-1649 .;' We have reviewed the archaeological survey report by Dr. H. Trawick Ward of Advance Archaeological Assessments, Inc. for the above project and offer ,the following comments. The archaeological survey was conducted of the two areas identified as lil~ely to contain Native American archaeological sites. Dosing the course of the survey, no Native American or historic archaeological sites were located within the project area. Due to the absence of cultural resources, Dr. Ward has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since the project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please ate the above-referenced tracking number. cc: Tom Hicks, Minnesott Beach Holdings Dr. H. Trawick Ward, Advance Archaeological Assessments, Inc. ADMINISTRATION SOi N. Blount 5trcct, Raleigh IJC 4617 Mail Scn~icc Center, Raleigh NC?7(934(1 i (919)Ti47G3/73>8G53 RESTORATION 515 N. Blount Strccc, Axlcigh NC, 461'.• Mxil Scn~icc Ccntcr, Raleigh NC ?7(,99.4!,17 (919)73:x(,547/71 S4Rf11 SURVEY & PLANNING 515 lv. Blount Street, Raleigh, NC 4617 Mail service Center, Raleigh NC 37G99~4G1 i (9191 r3:rC545/715.4AU1 ~~i 14.w•', riip if l~iR ~ , 1 1 : '7~ v~ a __ ~ m' f ,~+,~` fig' ~: ~ .u r OCi! S ~~ r7~, ,~Y.. ~~ . .... .. . p . _ .. ~u Vic. . ~i ~R .. Pow F~2 FP- 1 '. ..S~o~. i ~k ' ~P•2 ~ _' ' 1-A _ ~o - 36' 30 ~~•P ~, 1. _ .. 30_- 36 . 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'1 ' ~ .. _ . _ .. _ . ,, ,~ ... .......... 777 rr ~ l/^/ ~1 ~O ~- `!w. ,. 11 ._ 1~ .. ~~ ~~f ~~ I"19l~r~V r r v . r^'r~ f fjc.1 t~ ., . . 10 3`1 ~ 3RD ` 3 d a~,P ~` i, ~~ ,~ ~~ 1.2 _ .. << ~~ 13 ...._ ... oW~. G~ g~ `~ 2 ~' .. .. _ ~~ ~~ 3 ~~ i~ y s ~ ~ ~, ~~ '1 ~ ~` .. 9 `` ~~ ,,~~ _ 1oTA~ SL BPS `~ :' I51 . ,, .. w. ,.. 7~t ~.._ _ _. _ .. _.. EFFECTIVE APRII, 1, 2005 ~~1 +~) J ~ ~~ WAYFARERS COVE MARINA COMPANY RULES OF THE MARINA APPLICABLE TO ALL SLIP HOLDERS-SIGNING YOUR RENTAL AGREEEMENT CONSTlT[ITES YOUR UNDERSTANDING OF AND AGREEMENT TO THE TERMS OF THIS DOCUMENT The following Rules apply to each Slip Holder ("Owner") and his/her servants, agents, guests and invitees, and to the boat(s) and other personal property of Owner while in or on the Premises of Wayfarers Cove Marina in Minnesott Beach, Pamlico County, North Carolina, and replaces all prior Rules published by the Marina prior to the date shown above. To be admitted to and remain in or on the Premises, each vessel must be: (a) used for pleasure only; (b) property registered or documented; (c) equipped and maintained in accordance with law and normal marine standards of safety; (d) kept in seaworthy condition at all times; and (e) insured as required by these Rules. 2. Owner is expected to record serial numbers and descriptions of his/her boat(s) and equipment that is located in or on the Premises and maybe subject to theft. Owner will report to Marina staff the existence of any suspicious motor vehicle, person(s) orvessels within the Premises. Owner agrees that he/she will immediately notify Marina of any change of address, telephone or fax number or email address from that shown on the Application. 3. Owner agrees to provide Marina with a complete set of hatch and ignition keys (or lock combinations) for entrance to Owner's boat(s) berthed in or on the Premises. Marina will allow no one other than appropriate Marina staff onboard any vessel for any reason without prior authorization from Owner. Owner shall advise Marina if any one other than Owner is to be granted access to his/her boat(s). 4. OWNER AGREES TO USE EVERY REASONABLE MEANS OF FIRE PREVENTION ON OR ABOUT HIS BOAT(S), INCLUDING WITHOUT LIMITATION: (A) NO SPACED/ELECTRICAL HEATERS ARE TO BE RUNNING WHEN OWNER IS NOT ABOARD. (B) NO ELECTRICAL DEVICES OF ANY SORT INCLUDING LIGHT BULBS ARE TO BE ON WHEN OWNER IS NOT ABOARD. (LIGHJT BULBS MAY NOT BE BURNED DURING THE WINTER MONTHS TO HEAT THE BOAT.) (C) BOATS ARE TO BE FUELED AT THE FUEL DOCK; FUEL CONTAINERS ARE NOT TO BE TRANSPORTED ABOUT THE PREMISES. EFFECTIVE APRIL 1, 2005 (D) NO FIRES ARE TO BE STARTED ANYWHERE ON DOCKS OR FINGER PIERS OR IN THE VICINITY OF BOATS, BUILDINGS OR MOTOR VEHICLES. 5. Owner agrees that Marina shall have a lien for unpaid slip rental charges, additional fees and other indebtedness of Owner to Marina on (a) Owner's boats} located in or on the Premises and on boat trailers and {b) all other personal property of Owner located in or on the Premises or used in connection with the Slip. The foregoing Lien is in addition to all other liens or remedies provided by law. Owner agrees he/she will not remove his/her boat(s), trailers or other property from the Slip or from the Premises during the Term and thereafter until all delinquent accounts payable to the Marina under this/lier rental agreement are paid in full. Before or after termination of this/her lease, Marina may take possession of Owner's boat(s), trailers and personal property to satisfy any lien Marina may have against said boat(s), trailers or personal property, and Marina may forthwith sell such boat(s), trailers and personal property at private or public sale following mailing notice of sale to Owner at the address shown on the Application. Marina shall not be liable to Owner or to any other person or entity for exercising its rights under this paragraph 5. 6. Marina's self help remedies under paragraph 5 above shall include but not be limited to hauling Owner's boat(s) from the water and placing the same in dry storage until the lien is satisfied. In such event, and in any event after the Tenn, Marina may remove any boat or other personal property from the Slip with or without legal process and store such removed boat or personal property at any location at Owner's sole expense. Marina shall have no liability to Owner or any other person or entity.-for such removal or storage or for any damage caused to such boat or personal property during or by reason of such removal or storage. 7. Owner agrees and covenants that he/she and his/her servants, agents, guests and invitees will conduct themselves and operate their boats, motor vehicles, equipment, tools and other property at all times in and about the Premises in a prudent and orderly manner and in such a manner as to not create any annoyance, hazard or nuisance to in or to the Premises or to other slip holders or residents of the Premises. Owner hereby agrees that Owner, his/her servants, agents, guests and invitees will at all times when on the Premises or on Owner's boat(s) within the Premises comply with all these Rules, and with any other Rules hereafter promulgated by Marina and published to Owner. Owner further covenants that while in or on the Premises or on Owner's boat(s) within the Premises he/she and his/her servants, agents, guests and invitees will comply with all applicable laws, ordinances and regulations, including without limitation all applicable rules and regulations promulgated by the U.S. Coast Guard and the North Carolina Department of Environment and Natural Resources. 8. The Premises lie within a residential area. Owner will at all times respect the privacy and property rights of these residents and Owner, his/her servants, agents, guests and invitees are prohibit from trespassing on such residential property and/or related facilities. EFFECTIVE APRIL 1, 2005 9. Owner will keep his/her area of dock and pier free of litter, hoses, dock lines, cleaning materials, tools and maintenance materials, dinghies, boat supplies and other property of Owner. Owner will limit all storage of property to his/her dock box or on his/her boat(s) if he has no dock box. Dinghies will be stored on dinghy racks provided on the Premises and designated as Owner's dinghy rack. Owner will clearly mark his/her dinghy with appropriate identification. 10. Owner„ his/her agent, guests and invitees will assist in keeping the Premises neat and clean at all times, including restroom facilities, washer and dryer facilities, shower facilities, the Premises grounds, the beach area, the lounge area and all other areas and facilities in'or on the Premises that are made available to Owner. Owner will not litter and/or leave any area of the Premises in an unkempt condition. l l .Owner will ask Marina staff for permission to use the fireplace before using same and use it with normal safety procedures and caution. When Owner or his/her servants, agents, guests or invitees discontinue use of such facilities, Owner will turn off lights, TV, close doors and windows, and clean up after himself and his/her servants, agents, guests and invitees. Owner will immediately report any damage or misuse of such facilities, as well as any malfunctioning plumbing, electrical service, water service, or other systems or facilities, to Marina staff: 12. Owner agrees to use shoreside sanitary trash facilities and pump out station as necessary to dispose of trash, garbage and holding tank material. Owner will not dispose of spend engine oil in or on the Premises without express direction from Marina staff. 13. Children of Owner and his/her servants, agents, guests and invitees under the age of 15 are not to use the lounge, porch, store, or other Marina common facilities for social gatherings Excessive noise, ruruling about the piers and other disturbances will not be tolerated. OWNER SHALL STRICTLY SUPERVISE CHILDREN AT ALL TIMES IN AND ON THE PREMISES. MARINA TAKES ABSOLUTELY NO RESPONSIBILITY FOR CHILDREN OF ANY AGE LEFT ALONE IN OR ON THE PREMISES. CHILDREN UNDER THE AGE OF 15 WILL BE TAKEN WITH PARENTS WHEN PARENTS LEAVE THE PREMISES TO GO BOATING OR OTHERWISE. CHILDREN OF OWNER AND HIS AGENTS, GUESTS AND INVITEES UNDER THE AGE OF 15 WILL AT ALL TIMES WHILE IN OR ON THE PREMISES BE ACCOMPANIED BY AN ADULT. OWNER ASSUMES FULL RESPONSIBILITY FOR SEEING THAT CHILDREN AND ALL OTHERS OF HIS AGENTS, GUESTS AND INVITEES WHO ARE UNABLE TO SWIM SHALL WEAR LIFE JACKETS WHEN ONBOARD AND/OR AROUND DOCK AND SLIP AREAS. 14. Advertising and soliciting of any kind are not permitted in any part of the Premises. This/l~er includes "FOR SALE" signs on vessels berthed or in dry storage in or on the Premises without prior written approval by Marina. EFFECTIVE APRIL 1, 2005 15.Owner may not sublet the Slip or assign any interest under this rental agreement. without obtaining prior written consent of Marina, which may be withheld, delayed or denied by Marina in its sole discretion. 16. No vessel shall be chartered or rented from the Premises for a fee. 17.Owner will not pump overboard waste or fuel into the Marina basin. Owner will not empty portapotties into shoreside toilets or other restroom or convenience facilities. 18.Owner acknowledges that Marina has provided certain common facilities for use by Slip holders, their servants, agents, guests and 'invitees, including dock facilities, a lounge/TV room, toilets, showers, and clothes washers and dryers, and Owner agrees and covenants that he/she and his/her servants, servants, agents, guests and invitees will not abuse such facilities, will follow common courtesies in sharing such facilities with others, will clean up after using such facilities, will follow all posted instructions regarding use of such facilities, and will notify Marina immediately of any malfunction of or damage to such facilities. 19. Marina does not guarantee that electrical, water and other utility service will be uninterrupted. Electrical as well as water and other service shall be shut off as deemed necessary by Marina in its sole discretion in matters of safety ,extreme weather, high tides, and other dangers . Resumption of service will be at Marina's sole discretion. Marina reserves the right to charge for the electrical use consumed by heaters, air conditioners, power tools and other appliances onboard, or to meter a vessei'~ electrical usage. 20. Reverse polarity and electrolysis caused by the Owner's boat(s) in the water are a great danger to his boat(s) and to other vessels in the area. Owner will use only acceptable marine electrical connectors. All shoreside adapters and dockside plugs must be equipped with an acceptable ground and weather proofing. In 220 V/50 amp systems the neutral leg does not constitute a ground. OWNER WILL PLEASE CHECK WITH THE YARD MANAGER IF HE/SHE IS HAVING, OR SEEMS TO HAVE, DOCKSIDE/ONBOARD ELECTRICAL PROBLEMS. 21. OWNER ACKNOWLEDGES HIS/HER AWARENESS THAT MARINA IS NOT OBLIGATED TO AND WILL NOT PROVIDE GUARDS OR SUPERVISION AT THE MARINA TO POLICE THE SLIP, OWNER'S BOAT(S), BOAT TRAILERS, MOTOR VEHICLES OR OTHER PROPERTY OR THE CONDUCT OF PERSONS ON THE PREMISES OR THE CONDITION OF INSTRUMENTALITIES PLACED ON THE PREMISES BY OWNER OR OTHER RENTERS OF SLIPS AT THE PREMISES. Owner specifically acknowledges that he/she has inspected and will continuously inspect the Slip and walks and ramps leading to the Slip and agrees that he/she will promptly report any dangerous conditions to Marina and will post a notice of such dangerous condition at the location of same so as to alert other persons to the perceived danger. 4 EFFECTi~E APRIL, 1, 2005 22.Owner assumes sole responsibility for all mooring and dock lines and other methods of securing his/her boat(s). Marina will not be liable for damage to vessels (Owner's and others) or Marina property due to Owner's mooring or dock securing procedures. 23. In the event of severe storms, hurricanes, extreme tidal changes or other "Acts of God". Owner has sole responsibility for taking all emergency procedures possible to prepare his/her boat(s) and other property for such events. Marina assumes no liability for damages to or protection of Owner's boat(s) or other property under these conditions. 24.Owner agrees that Marina and its servants and agents may enter upon Owner's boat(s) located in the Slip or otherwise in or on the Premises when a violation of these Rules has occurred or to replace and/or secure or resecure mooring lines, dock lines and other means of securing such boat(s), or to move and/or enter such boat(s) to correct any condition on such boat(s), in the event of storm, tidal or other severe conditions, or otherwise at any time and in any event that Marina determines in its sole discretion that the safety or well being of such boat(s), the Slip, the Premises or other boats or property in the Premises is at risk due to the condition of such mooring lines, dock lines, other such means of securing such boat(s) or to the condition of such boat(s). Owner agrees that Marina shall not be liable to Owner or to any other person or entity for any Ioss, injury, or damage to person or property relating to such actions by Marina, its servants, agents, guests and invitees described in this/her paragraph 6, and shall hold Marina, its servants, agents, guests and invitees harmless from and against any such loss, injury or damage. Owner further agrees that any costs associated with such action by Marina, its servants, agents, guests and invitees shall be the sole responsibility of Owner and shall be invoiced and paid in accordance with the Slip Rental Agreement. 25. Marina may temporarily or permanently move Owner's boat(s) to a comparable Slip in the Premises at any time with advance notice to Owner; provided that Marina may move said boat(s) without notice or the knowledge of Owner in case of an emergency in Marina's sole judgment or if Marina has attempted but failed to communicate such action to Owner. 26. Owner agrees that Marina shall not permit any contractor or other person who is not engaged by or through Marina to perform work on Owner's boat(s) located in or on the Premises. Owner agrees that he/she will not engage or permit any such contractor to perform work in or on the Premises. Marina will not approve outside contractor work that can be done in Marina's services yard. 27. Major alterations and repairs will not be done in Owner's slip. Owner will use the work dock at Marina's repair yard for such alterations or repairs. The manager of the repair yard shall be contacted regarding to approve and schedule such access to the repair yard. OWNER UNDERSTANDS THAT NO ONE IS TO BE IN THE REPAIR YARD UNLESS HE HAS BUSINESS THERE, NOR SHALL OWNER, HIS SERVANTS, AGENTS, GUESTS OR INVITEES BE IN THE VICINITY OF ANY EQUIPMENT IN EFFECTIVE APRIL 1, 2005 USE IN THE YARD. CHILDREN ARE NOT PERMITTED IN THE REPAIR YARD AT ANY TIME FOR ANY REASON. . 28.OWNER MUST CLOSELY SUPERVISE THE USE OF ANY EQUIPMENT, MACHINERY, TOOLS OR MATERIALS USED IN OR ON THE PREMISES BY OWNER OR BYHIS/HER SERVANTS, AGENTS, SERVANTS, GUESTS AND INVITEES, AND SAME SHALL BE USED AT THE SOLE RISK OF THE PERSON OR PERSONS USING OR OPERATING SAME. OWNER AGREES TO HOLD HARMLESS AND INDEMNIFY MARINA FROM ANY AND ALL LIABILITY AND CLAIMS RELATING TO SUCH USE OF EQUIPMENT, INCLUDING WITHOUT LIMITATION ATTORNEY FEES AND LEGAL COSTS ACTUALLY EXPENDED BY MARINA, IN DEFENDING SUCH LIABILITY OR CLAIMS ASSERTED BY OWNER, HIS/HER SERVANTS, AGENTS, GUESTS, OR INVITEES OR FROM THIRD PERSONS, ARISING FROM USE OF SUCH EQUIPMENT, MACHINERY, TOOLS OR MATERIALS. 29.Owner agrees that he/she is liable for all damages whatsoever to the Premises and all Marina facilities and property located in or on the Premises and to all other vessels or persons or property in and about the Premises caused by Owner, his/her boat(s), boat trailers, motor vehicles or other equipment or property used, operated or controlled, directly or indirectly, by him/her, or by his/her servants, agents, guests or invitees, and Owner agrees to indemnify and hold Marina harmless from all claims for such damage, including without limitation attorney fees and legal costs actually expended by Marina in defending itself or the Premises. 30. Owner's storage and use of his/her boat or other activities of Owner and his/her servants, agents, guests and invitees at or about the Premises shall be at the sole risk and expense of Owner and such persons. Marina shall not be liable to Owner or to any other person or entity for any loss, injury, or damage relating to transportation, hauling, storage or use of Owner's boat, boat trailer, motor vehicle or other property in or on the Premises, or for the actions of Owner or his/her servants, agents, guests or invitees from or in connection with any cause whatsoever. 31. Marina does not accept any responsibility for damage to persons or property caused by any person or entity in or on the Premises except that which is caused directly by Marina or its employees, servants or agents and which is not otherwise exculpated under these Rules. Owner agrees that the entire responsibility of securing of his/her property (including boats) from vandalism, foul weather and all other risks or exposure is the sole responsibility of Owner, and Owner hereby holds harmless Marina and its employees, servants, agents, guests and invitees from and against any such responsibility and damages or claims of any nature deriving therefrom. 32. Owner shall have his/her boat(s) fully insured at all times with complete hull coverage and standard marine indemnity and liability coverage, and shall provide a copy of such policy to Marina prior to commencement of the Term and prior to any extension thereof, but not less frequently than annually, 6 EFFECTIVE APRIL 1, 2005 33.Owner agrees to learn and use the "Horn Rule"; i.e., signal used by vessels within the waters of the Premises for purposes of ensuring safety in passage through the entrance channel. This rule is posted in the Harbor Master's Office. 34. If dredging or other channel maintenance is in progress, Owner agrees to check at the Hazbor Master's Office regarding use of the channel during such dredging operations. Owner and his/her servants, agents, guests and invitees will stay away from equipment, spoil pit and drains and abide by restrictions on parking and beach access and use of other areas involved in the dredging process. ANY CONSTRUCTION SITE IN OR ON THE PREMISES IS "OFF LIMITS" TO OWNER AND HIS/HER SERVANTS, AGENTS, GUESTS AND IIWITEES. 35.Owner agrees to abide by any posted speed limits and other traffic restrictions in or on the Premises, Owner agrees to generally drive less than 15 miles per hour and with all due care in and on the Premise. Motor vehicles are to be kept off grassy areas and parked only in designated parking areas. 36. DOGS ARE NOT TO BE PERMITTED TO RUN FREELY 1N AND ON THE PREMISES AND MUST BE KEPT UNDER OWNER'S CONTROL AT ALL TIMES AND LEASHED, IF DEEMED NECESSARY BY MARINA AT ITS SOLE DISCRETION. OWNERS WILL BE HELD RESPONSIBLE, FINANCIALLY AND OTHERWISE, FOR DAMAGES CAUSED BY PETS TO OTHERS AND THEIR PROPERTY, OR TO MARINA PROPERTY. 37. Owner agrees that Marina shall have no liability to any person or entity because of the enforcement or failure to enforce any terms of this rental agreement, or any law, ordinance, rule or regulation applicable to the Premises or to any person or property thereon. Owner agrees to indemnify and hold Ivlarina harmless from all claims for any such liability or damage, including without limitation attorney fees and legal costs actually expended by Marina in defending itself or the Premises with respect to the breach of any covenant under this rental agreement. 38. All capitalized terms used but not defined herein shall have the meaning ascribed to them in the Wayfarers Cove Slip Rental Agreement standard form. ~~ ~ fi ~~ ri~~~ a,~ ar~.i T y,• ln'1 !$•~ ,+ NCDENR '~~:=~~ ~~ ~ p. ~~ ~ .., ..,~y,;, ,. North Carolina Department of Environment and Natural R ces `'~ ~~; ;-~'. ~ ~~~,~ ; Division of Coastal Mana ement '~~ ' `~~ ~' Michael F. Easley, Governor Charles S. Jones, DireC or William G. Ross story !J'~ ^~~'~"'~~ ~~~i"~ . 22 August 2005 ~'~ ~~~~~; . ~.~~ CERTIFIED MAIL 7003 3110 0002 0605 8914 RETURN RECEIPT REQUESTED Wayfarers Cove Minnesott Beach Holdings, LLC C/o Mr, Tom Hicks 1107 Bennett Road Arapahoe, NC 28510 Dear Mr. Hicks: The enclosed permit, constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored) form is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Adrrrirustrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Cazd just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, . ~` ~~ ~.`~ David W. Moye Express Permits Coordinator 252-948-3852 Enclosure 943 Washington Square Mali, Washington, North Carolina 27889 Phone: 252.946.6481 1 FAX: 252.948-0478 1 Internet wuvw.nccaastalmanagementneV An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Permit Class ~ ~ ., - .~ ~ _, n; ,..~ . . . Pe~nit Number 1~TEW (Express Permit Program) 132-05 STATE OF NORTH CAROLINA ~''~3,~.~';~ ~ i~ Department of Environment aad Natural Resources `f .:.~a~~ ~; ~'',,, and ~ ~~~' ~i Coastal Resources Commission ~ S~rP ~ ,_~ '~~ ~~ r ~, ~8~. for ~ ~ ,~~'a,,, ,,.,. ,~ ~.~',~y¢. 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 Wayfarers Cove, for Minnesott Beach Holdings, LLC, 1107 Bennett Rd, Arapahoe, NC 28510 Authorizing development in Pamlico County on the Neuse River at Minnesotf Beach off SR 11 ~1 Bennett Rdl at the Wayfarers Cove Marina near Arapahoe as requested in the permittee's applicaxion dated 07/08/2005. incIudins the attached workplan drawings (13 total - CS C1 to C7 and C16 to CoO~ all dated 07/11/2005 This permit, issued on AuQUSt 22. 2005. 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. Upland Development 1} Unless specifically altered herein, this permit authorizes construction of 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, bDatyard, doclanasterls~ip store, access roads and parking areas, and riprap along the erosion escarpment of Wa~°fazers Cove, all as depicted in the permittee's application and workplan drawings referenced above. 2) Any development or land disturbing activity that is considered non-water dependent is not authorized within 50 feet of the normal water Level unless specifically exempted by Environmental Management Commission (EMC) Neuse River Basin buffer regulations in place at the time of such development Contact a representative of the Division of Water Quality at 252-946-6481 in reference to information on the Neuse River Basin buffer. (See Attached Sheets for Additional Conditions) This permit action may be appealed by the pennittee 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 maybe. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. This permit must 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 must cease when the permit expires on December 31, 2008 In issuing this permit, the State of North Cazolina agrees that your project is consistent with the North Carolina Coasts] Management Pro,, am. Charles S. Jones, Director '~ Division of Coastal Management ~: This permit and its conditions are hereby accepted. !. Signature of Permittee ?~ „~. ..s.,,,,,, Wayfarers ~ Cove ~ ~' ' '' .. ~ • 2;~~a~,~^ ~, „,~ Minnesott Beach Holdings, LLC ~ ~ Page 3 of 3 `~ ~,,~°~','_;;,~.~ , . ' ~~/~' ~ ~ ' p•J Sir:, ADDITIONAL CONDITIONS ~~~~~~ ~`~4~ ~a. '~'A 11) All ~clcfill material shall be obtained from a high ground source and confined behind the permitt riprap retaining wall. Archives and History 12) Prior to the initiation of any land-disturbing activities authorized by this permit, the permittee shall, in x coordination with the N. C. Department' of Cultural Resources (NCDCR), develop and implement an { archaeological survey of the proposed project area. Initiation of permitted land-disturbing activities shall not begin' until written approval is obtained from NCDCR, and a copy of such approval has been received by the Division of Coastal Management. ,Y, J: ~: ADDITIONAL CONDITIONS ;: Y i J ,r General :f 13) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. ~: ,. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that maybe required. , A NOTE: Future development of the permittee's property may require a modification of this permit. . Contact a representative of the Division at (2~2} 946-6481 prior to commencement of an;' such activity for this determination. ,; ?~ NOTE: The permittee and/or his/her contractor is urged to meet with a representative of the Division .prior to project initiation. NOTE: The U.S. Army Corps of Engineers has assigned this project COE Action ID No. 200f 11690 and Issued General Permit No. 198000291 on 08/15/?005. Ear o ~ ~~ ~~1 a.~ P~~~` Permit Class ermit Number TRANSFER 109.84 RENEWAL/MAiNTENANGE 5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and -Yr, '.`i.~ ~> Coastal Resources Commission :~>:~~~. ~, ~~~-~ for ~a r ~ ~e"~i r' X Major Development in an Area of Environmental Corn '~ ursuant to NCGS `wµ ~}'? p 113A-118 -~~ ~":_~~'~-~ r~. ,~ s, ~;,....43y X Excavation and/or filling pursuant to NCGS 113-229 ~ ~ ~' ~~-~ ~~ ~;~' Issued to Minnesott Beach Holdings, LLC,1107 Bennett Road, Arapahoe, NC 285 Authorizing development in Pamlico County at the Neuse River, Alligator Gut as requested in the permittee's letter dated .3/18/05 This permit, issued on TLn~7+005 , 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 rnav ca„ce rhP nP,~,,;+ r„ ~o .,,,,t ,,,,., ..,.:a 1) This transfer/renewal shall be attached to copies of the following attached permit documents, which include all application forms and workplan drawings: a. Permit 109-84, issued to Keith A. Wolfenbarger on 6/18/84, b. The 4/I2/85 minor modification/renewal, c. The 4/22/88 minor modification, d. The 5/20188 minor mod cation, e. The renewals of 4/3/89, 2/23/90, 2/7/91, 3/29/95, and 3/29/00 2) Copies of all referenced documents shall be readily available on site when Division representative inspects the project for compliance. In accepting this permit transfer, the new permittee agrees that all conditions and stipulations of the active permit remain in force. ...~~ ~~ ~rr~a1GLL ~y uia ~cczni«ee 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 maybe. This permit must 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 must cease when the permit expires on July 31, 2010 ]:n issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. %~~ N,~- ~i C azles S. Jones, Director Bivision of Coastal Management This permit and its conditions are hereby accepted. Si nature of Permittee i ",. P 5th RENEWAL .. ~ , ~~"~„~ umber NANCE 5 STATE OF NORTH CAROLINA ~ 4 -~ Department of Environment and Natural Resources ~: ; ~~, ;~;~, and ~ ~"5 ~:1 Coastal Resources Commission '° ~~~;W ' ~ ~"~ ~~ ~;~~.- ~'~. g ~ .~ for ~~ . . Major Development in an Area of Environmental Concern . ~ ' pursuant to NCGS 113A-118 ~ ~ ~ ' . _. Excavation andlor filling.pursuant to NCGS 113-229 . ~, .. Issued ~ ~ Keith A. Wolfenbarger, Minaesott Beacfi.Yacht Basin; P.O. Boz 128, Arapahoe; NC 28510 Pamlico ~ ~ . ~= the Neuse River; Alligator Gut authorizing development in ~ .M County of .. as requested in the pcrmittee's application ~, letter dated .1/19/00. This permit, issued on 31x9 ~~w>:~ , 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 a fine,,imprisonment orcivil .action; ormay.cause.thepermit to .be null and void. - 1) This permit must be attached to the original of Permit #109-84, which was issued an 6/18/84, as well as all subsequent renewals, and all documents must be readily available on site when Division personnel inspect the project for compliance. 2) A.ll conditions and stipulations of the active permit. remain in force under this renewal. (See attached sheet for Additional Conditions) This permitaction 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 must 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 Departmental approval. All work ~aslty ~~se2v~he~ the permit expires on Si~rred by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. il/ onna D.MofFitt,Director ' Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Cazolina agrees that your project is consistent with the North Carolina Coastal Mana~*ernP.nr Prncrram Permit Class 4TH RENEWAL STATE OF NORTH CAROLINA ' Department of Environment, Health & Natural Resources and Coastal Resources Commission ~~~~It X for Major Development in an Area of Environmental Concern • pursuant to NCGS 113A-118 Permit Number I09-84 ~~'~ ~~ ~~ ~o~, xj X Excavation and/or filling pursuant to NCGS 113.229 ,: i`~~+ ~'"'°~~~ ~.~~. Issued to Keith A. Wolfenbar er, Minnesott Beach Yacht Basin, P.O. Box 128, Arapahoe,'~FC 28510 authorizing development in ~ Pamlico County at the Neuse River, Allisrator Gut as requested in the permittee's application dated letter dated 3/3/95. This permit, issued on __ MARCH 9. 1985 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.., ~ This renewal must be attached to the permit issued on June 18, 19$4 and subsequent renewals and modifications and be available on site when Division personnel inspect the project for compliance. All conditions and stipulations of the previous issuances apply to the project under this renewal. . This permit action may be appealed by the pennittee 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 must be accessible on-si'te to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on JULY 31, 2000 (FOR MAINTENANCE ) In issuing this permit, the State ofNorth Carolina agrees shat your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. i, 5,• Permit Class STATE OWN CAROLINA '~ ~-~ ~°'' Deparmnent of Envirotim~~altl~~& Natural Resources ~"°` ~, Co.astal~esources,Comzxirssion ~', ^ ~!f xy~ wry:. JM~~'~ Q4J '~7 . ~ ~,• ~ x Major Developmentriii`;ari Ada ~riviTOnmental Concern """"~ ~d pursuant to NCGS ].1~3~c'~I].'8~' '~°~~~ Excavation and/or filling pui~iiant to NCGS 113-229 Permit Number 3rd Renewal Issued to 09-x4 authorizing development in . Pamlico County at the Neuse River . Alligator Gut • as requested in the permittee's application dated 3/2x/84 and DldtS . 6 . 1 datPrt 1 /'J /R'i . 7 rla~-F+rl rer ~ ri Z /7Q/AG ~ rl~•f-er) r~er+ ~ r1 Z /^)7 /AA nl nn tri ae.r A~torl 2/85 and 1 dated 5/2/88, not attached. ~, This permit, issued on February 7. 1991 . 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 maybe subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. This renewal must be attached to •the permit issued on June 18, 1984 ,and subsequent renewals and modifications and be available on site when Division personnel inspect the project for compliance. All conditions and stipulations of the previous issuances apply to the project under this renewal. 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, asthe case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunderrequires furtherDepartrnental approval. All work must cease when the permit expires on March 31, 1992 for new work J~n~su~ing t~ s perm°~the~'~tee~~h Carolina agrees that your project is consistent with the North Carolina Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. t,. Roger N. Schect r, Director Drvision of Coastal Management This permit and its conditions are hereby accepted. Permit Class ~r~'Reaewal 5' Issued to Keith A. STATE Deparanent of Natuca Permit Number ~, ...r.; Development _ Major Develop~enty>~ an Are~of Envimpmental Concern pursuantto NCGS.~l~1~3Ar=x'18 ~~•"'• ~ ;`~ + Ti. ~t~y ~.rr7~ +.7 k ,,titer . .. r~r'~; ~..^ x Excavationand/or `fillirig piusuant to NCGS 113-229 . '~ Minnesott Beac31 Yacht Basin, P.~_ Ar,~r 1 ~A authorizing development in p~i~ County at the ~~ gives aS reClll 1n a nermmPP Gut FJ ~ G+ e~.e~V { .7~ '~ 3 ~ c~.,kQ' /12r.2Lre.p1~ ? ,~ n n ~ +~ u ~ /° ~~ 4 d~~ ? ~ $S a.~Q 1 d~.~;11 5 i s S ~ . L~ This permit, issued on February 23 , 1990 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. *Thi s renewal mus t b , t t shed to the ~~ ~e ~ ~' ' ~ ~ 4 '.~.~1sed.~E:,t .fit renewals awe +~e ~ • °~~' of Pert issued on D-gg8 and ~ and be available on site when Division personnel. inspect the project for canpliance. All conditions and sti ulations of the -==-~,.,.~ apply to the project under this renewal. p ~rn•J iou5 1~5uenPeg l tus permit action may be appealed by the pennittee 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 must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunderrequires furtherDeparmaentalopproval. ~• work muse when the permit expires on Marc--h 31, for new work . J~Y 3~, 195 f r issuing ties penn4it, tfte o~orth. Carolina agrees that your project is consistent with the North Cazolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. '', George T. Ev tt, Director Division of Coastal Management 'T'his permit and its conditions are hereby accepted. ~~,~, , Permit Clas ' ~r ., ~~~~ ~ ~ .~ i STATE OF NORTH CAROLINA Department of Natural ~ E Community Developm Maj ~e 1 ~ onmental Conc ® Excavatio `~~t5 ' ,g~gtt`i~ ~ toNCGS 113-229 Issued to ~eitli A"~ini 1,,, Mirr,a~a~t? ~i y~ t,t- Amain. P.O H~~~.. I~ 2ffi10 authorizing development in Panlim County at the N>~e liver. A11ic~t~ Cbt as requested in the permittee's application dated 328/84 ~ ' nlat ~~ ,~rQn,~ 52/88. This permit, issued on 3 ~9 $~ , is subject to compliance with the application (where consistent with the permit), all applicable r lations, special conditions and notes set forth below. Any violation of these terms may subject permittee to ~.ftne, imprisactrnent.or civil actiorl;,or may cause the permit to be null and void. /r~ ~ 6 p 3 ".n~~. 7.-/'~ 7~~rs?' ~onWwc.f iSS.~ec~. ~~t~ R ~~pCl .__• ~ t ....... _. _..../.........~,... _._.~.- Jam. *This renewal must be attached to the permit issued on May 20, 19881 and be available on site when Division personnel inspect the project for compliance. All conditions and stipulations of the renewal apply to the project under this renewal. 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 must 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 Departmental approval. A]j work must cease when the permit expires on kid 31, 199~f far Herr work '. ~ ? ~ ~-iy ~n'iss~~f~iis~p'ermi"~;~I"ie Stateiof North Carolina agrees that your project is consistent with the North Signed by the authority of the Secretary of DNRCD and the Chairman the Coastal Resources Commission. ~~ Gorge T. Everett Division of Coastal Management 'this permit and its conditions are hereby accepted. Permit Number i.' ~. Permit Class dix ~,~~~~ STATE OF NORTH CAROLINA _ Department of Natural ,Community Development E Issued co Keith A.. Wolfenb ~ F ~. ,~ C eSC m~ ((yyltij y I ; V~ ~ i ~ "" i• 9 ~L' ~,.y i, ?fpt.-- laj II~e l nt~'ini 'on to,N xcavatio ,~~~f ~p'b~su~f Minnesott Beach Yacht to NCGS 113-229 P Permit Number ° ` •~'"J ('1 ~''r %;rr ~~ ~~ ~ ~~' .~. =},?., ~.~ ~~t ~~ authorizing development in Paml i CO County at the Neuse River A11 i gat~r Get as requested in the permittee's application dated 3/28/84 _ F~acl _ ~'uhe•~` a~bec# vl at dated recpi va~l ~ /~ /aR This permit, issued on , is subject to compliance with the application (where consistent with the permit), all applicable regu ons, special conditions and notes set forth below. Any violation of these terms may subject permittee to, a fine, imprisonment or civil action; or may cause the permit to be null and ~~;d This 5/88 modification authorizes the following development: a). 500' of bulkheading with 6ackfill to be located above MHW; and, - ` b). grading of a 75' x 200' sandy beach above MHW. The following conditions ,apply to this modification: (1) All backfill material will come from an upland source. (2) A representative of the Division. of .Coastal Management will stake the bulkhead alignment prior to construction. (3) No grading work will be performed below MHW.` All existing work not completed must conf~orm~with the application, plats and conditions as authorized by the 4/22/88 rr4inor modification and renewal. ants permit action may be appealed by the petmittee 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. 'T'his permit must be accessible on•site to Department personnel when the project•is inspected forcompliant;e ~- ~~ Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work' st cease when the permit expires on March 31 -~or new work u '~ tss3ing pernti~~e ~e o~North Carolina agrees that your project is consistent with the North CarOi1~A rflAtt~~ Man~n~.m~~t D...,..~... --- Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Cravens, Director Division of Coastal Managetneat This permit and its conditions are hereby accepted. ~~~: ~ d ~ ' ~ r ~ `; perrrrlt L'ISSS ~ '. ~ :.~,;:.~.:, etmit Number Minor "Modification' ~ ~~ -` ~' ~ .~'.~:STATEOF~NORTH CAROLINA 109.84 .;~~ Department~o'f Natural Community Development ~~*~ ~ ox `~ '~ C eSb~=cam 'ion ~,~,~.- ~~~~, ""fir' ~f~S`~ ~~ .~0~ ' .~, ..~ .~rt` '-'`~; X Maj ~ 1 ~ I tiny onmental ~~ `'~;% , t, r~:~ :~, t .... ~~ ; ~~~ y Con ~ ~~ ~ ~ ~~ ~_:~ a Excavation ~~6 6"~`;i„_ ` to NCGS 113-229 '~ ~''°~° ~• ~~• ",~~' m issued co Ke~'th A. 4tol fenbarger. Mi nnesott Beach Yacht Basin P 0 Box 128 Ara an hoe ~ NG 2~1 authorizing development in Paml i Co. "' County at the Neuse River. A11 i aq~to~ Gut. d waa~~~ ~ s as requested it7 the penttittee's application dated 3/28/$4 including' ~ne attached plat~,^ __ ~aire~ -. ""°f,84-1--dated-rec-: 3f22-}88-~-p}a~fl--v-i•e This permit, issued on ~- $ , is subject to compliance with the application (where. consistent with the permit), all applicable cegul lions, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil.action; or may;caiue the permit to be null and void. ~ For Work With Oragline (1) No marsh grass will be excavated end/or filled. (2) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surroun- ding waters. (3) Silt fences and/or other erosion and'sediment control devices must be utilized throughout active construction to minimize sediment from entering into adjacent creeks, streams, properties, basins, waters, wetlands, etc. (4) Slopes created by excavation of the basin must be left at an angle which can be provided with a vegetative cover. (5) All slopes, whether cut and/or filled, must be adequately stabilized by vege- tative cover within 30 working days of any phase of such activity. 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 wock initiation or continuance, as the case may be: iris permit must 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 Departmental approval. All work must cease when the permit expires on March 31, 1989 for new work . Signed by tix adthority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. ~~~~~~ David V4r. Owens, Duectot Division of Coastal Management This permit and its conditions are hereby accepted. ~u1~+ 31 or mein e~~c~ n t ing ~ltis permit, the rate o or Carolina agrees that your project is consistent with the North h Keith A. Wolfenbarger ~ - . Permit #1 -- ~' ~F ~~~f v..~~, ~. ADDITIONAL .CONDITIONS ~ ~~• ~.f~, c,~~.'.Mi ~~,,:.~~ For Maintenance Work~With Hydraulic Dredge ®~ ~~'' ~r~ (1) All excavated. materials must be confined on hi h round behind ade or other retaining structures to revent s allover of solids into to dr'~es or surrounding waters, p' p marsh (2) The disposal area.. effluent must be contained by pipe,• trough or s~i~ar device to a point :at or below the mean low water mark to prevent gully erosion and. resultant unnecessary siltation. ' (3) The, terminal end of the pipeline must be positioned at or greater than. 50' from any part of the dike and a maximum distance from spillways to allow adequate settlement of suspended solids. (4) A water control structure must be installed at the intake end of the effluent pipe 'so as to assure compliance with condition No. 5 (51 In order to protect, water quality, runoff from the construction area must not visibly increase the amount•~ of -suspended sediments in adjacent waters. (6) The diked disposal area must •be'• constructed a sufficient distance from~the mean high water line or any marshland to eliminate the possibility of dike erosion into or upon the adjacent waters and/or~marshland. General (1) An erosion/sedimentation control plan must be submitted and must contain all temporary and permanent measures to be utilized during construction. The plan should be sent to: N.C. Dept. of Natural Resources & Community Development Division of land Resources P. O. Box 1507 Washington, NC 27889 (2) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction-related discharge. (3) In the event that archaeological materials are encountered during excavation or any other ground disturbing activities, work shall cease and a representative of the Department of Cultural Resources, Division of Archives and History (telephone 919/733-4763) must be contacted immediately. (a) A pumpc~t facility wili be provided for boats with holding tanks prior. to September 30, 1988. (5) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this- marina without permit modification. No non-water dependent uses or structures may be conducted on, in, or over public trust waters without permit modification. 'o . ~ ~ ~~ Keith A. Nolfenbarger ~ ~ ~ .~ Permit #'~-$+~~ ~:,, 9±, Page 3 of ~ ~ ,. "~ ~'' r~~ ADDITIONAL CONDITIONS -~ ~~,:, (6} The marina shall prominently post and enforce a "no sewage discharge~y c.~licy for boats without holding tanks. ,~ ~, (7} No septic tank systems may be placed in filled treas. NOTE: Approv for all septic tank systems must come from the local health depar ment. NOTE: Any future development or harbor expansion as indicated on the plan view dated 3/85 will require a modification of this permit. NOTE: It is strongly recommended that the permittee exercise all available precautions~'in the day-to-day operation of the ship facility to prevent sand blasting residue, if applicable, and/or other facility waste frr~r entering the adjacent waters: Such discharge, either directly or indirectly, to adjacent waters could contravene .state water quality standards, thereby violating state law. . Maintenance Clause ~ The Division of Coastal Managemegt :~~v'i,l l . be notified i n writing at l east two ( 2 ) weeks in advance of any fia~intenance work (after Dec. 31, 1988) authorized by this permit and that notification include: A. the number of the original permit; B. a statement that no dimensional changes are proposed; C: a copy of the original permit plat(s) with cross-hatching indicating the area to be maintained, the area to be used for spoil, and the estimated amount of material to be removed; D. the date of map revision and the permittee's signature shown anew on the original plat. Perrrtit Class Minrir nriifiCatlOn ~ STATE OF NORTH CAROLINA Department of Natural Resources and Community Development Renewal and Coasts! Resources Commission ~Prrrtit for bfajor Development in an Area of Environmental Concern pursuant to NCGS 113A-118 0 Excavation andJor #'illing pursuant to NCGS 113 29 Issued to K2 i t h A innesott Beach Yacht Basin Permii Number ~' °. L~ ~~'~•s ~• ,' ':' ~ 'may, .w... •., ~~ =f !e` ~"~ ~,~. ,~ ~~ J audtorizing development in _ Panll 1 CV ~ LtfS I U . County at the Neuse River Alligator Gut as requested in the pemlittee's aPPpplic tion da~e1d 3/28/S4 1 ncl Udi ng attached D1atS.Sl1! 1 riatori 1.!•)/s2'2 7 ~~+ea ~.,.. ~/~nro^A`~~ ~i~3_-`~94_°`" ~_~_ ~ .,,..- .~ ~ This permit, issued' on• ~' ~ ~' ~ ~51 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 temps may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. For Work With Uraaline (I) No marsh grass will be excavated and/or filled. (2) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or oihe•r retaining structures to, prevent spillover of solids into any marsh or su•rroun- ding waters. (3) Silt fences and/or other erosion and sediment control devices must be utilized throughout active construction to minimize sediment from entering info adjacent creei:s, streams, properties, basins, waters, wetlands, enc. (4) Slopes created by excavation of the basin must be left at an angle which can be provided with a vegetative cover. (5) All slopes, whether cut and/o~- filled, must be adequately stabilized by vegetative cover within 30 working days of any prase of such activity, See attached sheet for Additional Condition This permit action may be appealed by the permittee or ocher qualified persons within twenty ('_0) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department perSun,iei when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires t'urther Departmental approval, P~I work must ceg;e when the permit expires on av ~ l`IB ' for new work u Inyissutnj~ is permit, ~ie~S~ateno~~iorth Carolina agrees that your project is consistent with the Norch Carolina Coastal Management Program. Signed by the authority of the Secretary of DhRCD and the Chairman of the Coastal Resources Commission. ~~U~~~ David W. Owens, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature ofPennittee >. ICei th A. Wolfenbarger ADDITIONAL CONDITIONS ror Maintenance Work With Hydraulic Dredge (1) All excavated materials must be confined on highground or other retaining structures to prevent spillover of or surrounding waters. .-c~ Permit ~109~4 ~~,, f , ,~ < ~> ~., ~; ~.. ~t~~ behind adequate :fires solids into any m sh (2) The disposal area effluent must be contained by pipe, trough or similar device to a point at or below the mean low water mark to prevent gul]y erosion and resultant unnecessary siltation. (3) The terminal end of the pipeline roust be positioned at or greater than 50' from any part of the dike and a maximum' distance from spillways to allow adequate settlement of suspended solids. ~~ . !4) A water control structure must be installed at the intake end of -the effluent pipe so as to assure compliance with condition No. 5. (5) In order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. (6) The diked .disposal. area must be constructed a sufficient distance from the Wean high water line or any marshland to eliminate the possibility of dike erosion into or upon the adjacent waters and/or marshland. General (1} An erosion/sedimentation .control plan must be submitted and- must contain all temporary and permanent measures to be utilized during construction. The plan should be sent to: N.C. Dept. of Natural Resources & Community Development Division of Land Resources P. G. Box 1507 Washington, NC 27889 (2) The aciivity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction-related discharge. (3) In the event that archaeological materials are encountered during excavation or any other ground disturbing activities, work shall cease and a representative of the Department of Cultural Resources, Division of Archives and History (telephone 919-733-4763) must be contacted immediately. (4) A pumpout facility will be provided fo.r boats with holding tanksgr~a}~~ 5~:3~o,i°t$~, (5' 1 floating structures, other than boats, used f or habitation or commerce • (as defined in 15 NCAC 7M.0602) shall be in conformance with local regulations ~~~,~°'` for onsnore sewage treatment. ~'~o s-wQge ~~sc~av ~" (6) The marina shall prominently post and enforce a po~icy for boats without holding tanks. (7) IVo septic tank systems may be placed in filled areas. NOTE: Approval for all septic tank systems must come from the local health department. s Keith A. Wolfenbarger ADDITIONAL CONDITIONS NOTE: ~ny future as indicated on the plan view dated 3/85, w%-~ NOTE: %~~ 'y+ 'Permit # t~+ 84 t;~, 'Yk'.`Y3i~\\' Page 3 of ~~ .,;~ ~' '~' ~~. `~~-, ~~ ~, iN development or harbor expo{rt-'on .r .N.r ~ ' lrtgdirC ~f icr~ica e't° ~{ys i~t;~ O :~'9 It is strongly recommended that the permittee exercise all available precau. tions in the day-to-day operation of the .ship facility to prevent sand blasting residue, if applicable, and/or other facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. MAINTENANCE CLAUSE The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance work (after Dec. 31, 198) authorized by this permit and that notification include: A. the number of the original permit, 6. a statement that no dimensional changes are proposed, C. a copy of the original permit plat(s) with cross-hatching indicating the area to be maintained, the area to be used for spoil, and the estimated amount of material to be removed, D. the date of map revision and the permittee's signature shown anew on the original plat. 4 f . s S ,a,q„ S , Permit Class STATE OF NORTH CARBLINA Department of Natural Res~cs~lld~ Community Development .~S`t~"'rce~'fi . ~~''~"salon .3 !:!16 / ~~: fa ~ F "A • • j' ~ t ~~ Majo~.Davelopmpntia~, 1.~ ~ , Excavatioic~~id~or~llir Issued to t i~ r •', t to ~NCGS 113.129 , Parmlt Number ~,'1 <~ ~r. ~~,~~I authorizing development in Pdml i CO ~ti5 I.0 County at the Neuse Ri ver~. Q11i g~tnr Get . as requested in fire permittee's application dated _3/28/84 including attached plats; 4,-~k~*~.y.$.; 1 dated 1/Z/83 a~ 2 dated 'rec 3/ g/Ra ~` y~~;.. - ; t.,..: This permit, issued on ~~~~ huge.-h$'.~...~=1~9$4-~-- , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. My violation of these terms may subject perTnittee to a fine, imprisonment or Civil action; or may cause the Hermit to be n,~fl and oniA For Work With DraQline (1) No marsh grass will be excavated and/or filled. (Z) All excavated materials will be confined above mean high water and land- ward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding wa~cers. (3i Silt fences and/or other erosion and sediment control devices must ~e utilized throughout active construction to~ minimize sediment from en~er•ing into adjacent creeks, streams, properties, basins, waters, wetlands, etc. (4) Slopes created by excavation of the basin mus'c be lefi at an angle which can be provided with a vegetative cover, (5) All slopes, whether cut and/or filled, must be adequately stabilized by vegetative cover within 30 working days of any phase of such activity. (See attached sheet for Additional Conditions). This permit action may be appealed by the perntittee or other qualified persons within twenty (20) days of the issuing date. Art appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on•site to Department personnel when the project is insgect'd for co.^.:glia:.cc, Any maintenance work or project modification not covered hereunder requires ,further Departmental approval, All work must cease when the permit expires on --yy _ f r ~mg' s ~Ee ~, ~~~5~~~'enb~~rth Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by ttte authority of the Secretary of DNRCD and an of the Coastal Resources Commission. ~or David W. Owens, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennitta k' ...~~~ w _~ Keith A. Wolfenbarger •~ Permit X109-84 Page 2 of 3 •~, ry i ADDITIONAL CONDITIONS A,,~~ ~..... ~ ~.6•J'~An erosion/sedimentation control plan must be submitte and mu ~ N~ contai n al l• ~tem orar and ~,;~ P y permanent measures to be uti 1 i'~1 dtt.!~~,,n ~' construction. The plan ~~ra~r-abe sent to:~ .,~ ~„ g N.C. Dept, of Natural Resources & Community Development ~~. Division of Land Resources ~ ~ ~r°_, • P.O. Box 1507 ~; ,:~:;. Washington, NC 21889 a -~_~ Th.e activity will be conducted in such a manner as to prevent signs ' cant increases in turbidity. outside the area of•construction or con~`~ struction-related discharge. ~' •_~;_G$~" In the event that archaeological materials are encountered during excavation or any other ground disturbing activities, work shall • cease and a representative of the Department of Cultural Resources,:. Division of Archives and History (telephone 919-733-4763) must be ;;~ contacted immediately. . (g~ Afl~l .floating •structures, other than boats, used for habitation or commerce (as defined in 15 NCAC 7M .0602) shall be in conformance. ,, with local regulations for on-shore sewage treatment. -•~~ .~_l.0'r No septi c tarikf systems may be placed i n fi 11 ed areas . NOTE : ~lpprovel for a1T septic tank systems must come from the local ~iea1-th depart- ment . For Maintenance Work With Hydraulic Dredge • (1) All excavated materials must be confined on high ground behind adequate dikes or other retaining structures to prevent spill-o.ver of solids into any marsh or surrounding waters. (2) The disposal area effluent must similar device to a point at or prevent gully erosion and resultant (3) The terminal end of the pipeline than 50' Trom ~ any part of the dike ways to allow adequate settlemen~ of be contained by pipe, trough, or below the mean low water mark to unnecessary siltation. must be positioned at or greater and a maximum distance from spi11- suspended solids. (4) A water control structure must be installed at the' intake end of the effluent pipe sous to assure compliance with condition no. 5. (5) In order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments i.n adjacent waters . ~ . (6) The diked disposal area !Host he constructed a sufficient distance from the mean high water line or any marshland to eliminate the possi- bility of dike erosion into or upon the adjacent waters and/or marshland. ~ Keith A Wol'fenbarger ~ ~~ Permit #109-84 s Page. 3 of 3 ADDITIONAL CONDITIONS • MAINTENANCE CLAUSE ' The _Q'fF1~- of Coastal ~Manageme~t will be notified in writing at ~ ~~`,.,,,.... ,,, ~• two (2) weeks in advance of any maintenance work (after Dec. 31, i•48#)-' '~~f'~~~ authorized by this permit and that notification include: ~ 4°~:~.~~,.. •,~"~r.• ; ~. "•. ~. ~,v ;; A. the number of the original permit . ~ ~~~~ ~ :-~ :y, ~! ' ;,;,; B. a statement that' no dimensional changes are proposed. ~'~>~ a '~'~~%~-~ . C. a co of the on final ~~~~ •~~ ~! PY g permit plat (s) with cross-hatching i ndicati ng,~~; the area to be maintained, the area ~ to be used for spoi 1, and the ~"`.,:~;~~;, estimated.. amount of material to be removed. ""%~„..'j. „; , D. -the date of map revision and the.permittee's signature shown anew. on the original plat. . ,., _.:. „'•.... ~. '. ., i .. ~+.~t. •I /1, .~~.:+ lei ~~l.! :.lo ~ ~ n ~ .... t'..i ' .. '•; • ~ ~ / ~ ~ .~ - / , . I S ~ ~. . , .. C-•• E..-. ^y7 ~,,...e '~ ' '~,,~,,.} tW 4_ a-~. r` ~:.. ~ . ~ !., rye' ,. ,. .f`. _ - . ~ t ~ , j r ;. ` s - .~ ~ - s - ; . ~ .:-. ~ - r. ~ ~. ~ ~ r _ - ..4~ _ ,1 ' 1 .~ . i.... -- .x , ' ~ ' " - - i c ` ~G E (al ~.~ ~ ,' 1~~ ~~ •:L,3 ,J 1` tt\ l` 1`` '. . S ~~ ~ , . ~~ J • d ; _._--. ~,p 4 fi `ws~:; ~~ ~', ;~ ~~ ~r.~ ?s, . ~` . J ~~~~, h _~~ ~• f" ~~ { ~~: .,~ ~~~ • ~y 6 ~~ ~~ 1F TM ~~ ~~ 2a, ~E3X. ~ ~: ~~ ~ ~. l0 ~. 1~ ?` ~ ~~. ~', - - ..- - - -, - - _ _ M PLC ~ ~ ~ `;r .. ,, ~ - -S!z S~ f g ~~. ~_ \ ~1' 11.~~ • LIB, 7._,,uG.~ //• ~yQ„~~~ ~ ~' ~ `: i ' ~~~ ~~~ ~ 1 .i ~ ~~ ti /~,~~~ irtfrj ~`'1 ~N . i •..' . ` i r .yam. u• s1° . .:•;~; :-a...., ".~~.~~ :. r ~; C, f `' ~ ; ~.; c, ~ Z &~' .t J I~~ ~- ~ ~, ~ ~ _ ~{ J .. 'Y •~ ~f ~'+V ~~11 '.~...,. ~ `f' , , \: / ~ ~ ~ r ~~ I . -' . ~ . ~ ArPUU-rpN ~ . ~ : . PERMR TO EXCAVATE ANDpR FILL WATER QUALITY CERT1fiG1TgN EASEMENT IN LANDS COVERED EY MIATER C1~MA PERMIT fOR MAJOR OE• . O~u~tsssasst e/ AlsnleNoratbn Staue et NoAh CawlMv . (GS 14Ft3{ pet~nent e/ Nawral Reewt+w ant CNr•taunlty Osvel~ertt ' CeAs N ~ (GS 113~33l,143313.~(al(1),143=11.7(0~,11~A~ltt (~3C-R 10i1.~ Plwe type or print artd fill in all blanktt, tl in/otntsition is not applicalsle,.so indicate by plsClry N/ dt,~'~... . r: ~"~', 1. Applicant Information . . ~-,rr A. Name LI/o 1.,~~,~aer , ~P ~ : ~ ~ ~ . ~ . . , ~Mll 8. Address y•*.~ ,., ,~",, w, "`" ;~..~..y;,s; ~,.,~.:, I1. Location of P~ro,~osed Project: A. County ~/`f"~lLl C.U _ B. 1. City, lawn, community or landmark / ~~'~ ~~~ ;; . ~ MAR ~s 1 ~ ~7, ,. .~. r~ ~, •' .G r, ~ - ~'P ~' %~ , ~'a < 7 2. Is proposed work within city limits? Yes_i~No ~_ G Leek, river, sound or bay upon which project is located or newest named body of water to project Ill. Oeseriptiors o1 Project ~ _ A.~ 1. Maintenance of existing project Z. Nt:w work~~X 1~~N5lO~tI ~ EX/STI~~ 8. Purpose of excavation or fill e~f'>4~~t ~ '• ' 1. Access channel length_~wtdth ~_depth 2~. oat basin ~X p/1~l)Sld~f d~ ~length~width depth - - ~ ~ ~L 3. Fill area length~~width~~_d.epth 4. Other length___width depth C. 1. Bulkhead length ~,~ Average distance w terward of MHW (shoreline)- N 2. TYPe of bulkhead construction (material) /~~ 0. Excavated material (total for project) ' 1. Cubic yards ~ 7{ ~~ 2. Type of material _~~ 1~ ' E. Fill material to be placed below MHW (see also Vt. A) 1. Cubic yuds 2. Type of mueriai _ /U ~ ~' IV. Land Type, Disposal Area, and Construction Equipment: ' A. Does the area to be excavated include any marshland, swamps or other wetland? 'Yes __ No ~ . B. Does the dispncal area include any marshland, swamps or other wetland? -Yes~.~.Wo ~~. G Disposal Area 1. Location - A'a~~~~ ~ l T~ Z. Do you claim title In disDC+s21 area! YES 0. Fill motcr,al N,u~ce if ldi ~s to be trucked ~n - N~~ E. How will excavated material be entrapped and erosion controlledr B~ ~l'7Z.~ /itlG ~ G~P,4b/~1G 1 SLdQ/~1j ~ F. Type of equipment t~~ be used ~~ G. Will ntarshtand he crossed in transporting equipment to prolecl site? It yes, explain k ' ~ ~ ', • ~ ~ . ,~~ ... ~~w,u ~ ocher . . .. I. Lot si:e~s) ~ ,~~ 1 Ele++atfan ar tot(s) above stsears high water . ' 3. Soft type and texture • • ~~(, 1. Type of building heilities or structures ~ • . S• Sewage disposal and/or waste water. treatnsent A. Existing ' Planeed ' E. DescribK • 6. Land~Classification (circle one}~ CONSERVA VI. Pertaining b Fit! and Water Quality: TRANSI TIUhIA{, COfrtMUNITY RURAL HER t5ee CAMA Lopl Land Uie Plan Syttopsls) A. Does the proposed project +rvolpe the placement of fill materi~i~ below man high water? Yss No ~~ 8. I. Will any runoff or d+scharge enter adtacent waurs as, ~sult of proiect.act+vity or planned case of tiro `~ area following proiect completion? Yes_ No ~~ + ~• Type of dischuge 3. Location of discharte __ 7? A Vlf• Present rate of shoreline erosion (if known); VIIL Ltet permit numbers and issue dates of previous .• work ~ project area, if applicable: ~A~~,~S ,, ~~Ltssg~ of firm required to complete project:. of Army Coe s of Errgineeri er Scab psrnsite leK ~~ _,~,~ . _ .... ~ X. le addition to the completed appliptlon term, the fdlowirtg itertsi rtsust be provided: ~ QS ~7 l ` . A. Attach a Copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if appliant is not clai~iing to be the owner of said property, then forward a copy of the decd or other instrument under which the owner claim, title plus writscn permission from the owner to carry out the project on his land. " y~ ,;~- ~ ' ~ttach an accurate work plat drawn to scale on B% X 11"whit a r see instruction hooklet fOf / ~w ~ , details) ,Note: Or+gina ings preferred • only high quality copie~ ccepted. pw - C. A copy of the application an plat must be served u t~~.•C.C.rt' n~j Sh~~h1 ! ~ pon adjacent riparian landowners by to 'store w 1v~T/<, C:~SYrt~O(p~GQ certified mail or by publ+cation (G.S. i 13.229 (d))Enter date served . ~.~! ~' ¢-~.Z~ D. List names and complete addresses of the riparian landowners with property adjoining apptieant's. ~ Such owners have 30 d.ys in which to submit comments to agencies listed below. 1Jt1~ ~~~~ ~ t 11 aril PL,g'l ~t;.,1~ ~/1~J ~9ni )~ ! rr_-.~ .~ ~~ ~ , n u .. _ xl. certification requirement: I certify that to.the best of m krtow~.`~ `~~C ~~ B~~ ~pL~~ ~~~'V~! C~ with the State of North Grolinats y ~~~ the Oropostd activity complies manner consisunl with wch programOroved coastal rttanagement program tnd will be Conducted in a XII. Any permit iswed purwant to this apRliatian will allow only the development described in this appli ration and pier. Applicants should therefore describe in the application and plat all anticipated devei- epmentactivities, including construction, excavation, filling, and land ctearins. GATE '~ ,~~ r C~, / App ant's Signatu ay•~ SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Itar. tong • • P. , I4 • ~Y tip ~...,•< a, . , .. }fir".-""~s,,:. ~' ~+c. ~'• ~Z•. ~ .. .. .. ,., :. .i~'~'.•i. :~i.~r~,k, fir, '. •, ,;, .~.. +;;I..,. . ~ •+ i r is ~+~• . .. ~,.. F ~ ,, . ~ ~; •'• :. i rt' . • A „f.yx,.,.,,,,•.~ . • ' Yr 't' t.. ..J. ~ ,~.L~~.•,+ ,'}r1~,'~'i~EF rim xJM~liilr •! d'~ iY"f .~. '• y •J.i• d~ j;f•~~t'. •.. r.. ,y .. ~, :~• .,. lyl '', ,(`,~~ .6~(..r•Lf(.I ice` 1:«• `y{ ~.~rU~p~ •''+...,'., ~ , •.. .. ` :, ,t .~'`I• ' p~q ,wL~pp!yF. lr IC F• ° ~ r~ ::+'; f~ ~ ~ •• ' I,/ ~1r' ~. N~ .'+~,. -7r ar yr' ~5. ... // ~~. ' • ~ ~; * q.~ ~ p....'.v ~~. ~~ i..• .~ ~~+~t~~F ri•~. Mi M J t ,j~ ~ .. F' •` i1, .i• ri' •. . ',y Ie ~ y ~Y ti '.C%~ .4i ,,~{ ~' r .. ~,. R'!L'~i.Y !j , r aF P`. yr: ' ..R' . ~3~ I i. M + ~ ~( J W jr i f~~~n, S r i~ ;+4 d 4 ~i r$~Sy. Al~kt {"<4 =q. ~ .~ ~ _. .. 4 ~ '+.r •~~' •~1 r <~ •1+•.. 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' Nfi•II,"1'7~'ci y(2..: fi i '~,9 K,t .~.`if'~v 7~+ ti. ~,~' r~ s '' ~~•~ C a rf'q' r3i'i ~y? ~~~~• 'a - ._t:2..:.}. k., nb. • .. __.41+a"Ti..'Fa~r'~i'n 1~... _: i .. ~... s .. ,. ~:r 4•:?~r,. `~• ~T~ln~i11~3' w~7~}'ai~i~-~99SC„• , FwAr~ 0 .,, 9 ~~~ ~.pG ~~ --I p '< September 15, 2005 Mr. Tom Hicks, Member/Managger Minnesott Beach Holdings, LLC 1107 Bennett Road Arapahoe, NC 28510 Dear Mr. Hicks: Subject: Stormwater Perrv~if No. Wayfarers Cover Nigh Density Project Pamlico County 1.4ichnel F. L•asley, Governor Jr., Se~vetary rtil Resources ~ -z~ F~ ,r ~~ ~ ~~~~ ~•, ~, ~~5 - SW7050714 The Washington Regional Office received a complete Stormwater Management Permit Application for Island Land Center on August 31, 2005. Staff review of the plans and specifications has determined that the protect, as propposed, will comply with the Stormwater Reggulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7050714 dated September 1 ~, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until September 15, 2015, and shall be subject to the conditions and limitations as specified ~ther ein. Please pay special attention to the Operation and Maintenance requirements in this permit, Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. Ifi any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1503 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.G. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. Ifi yGL! i i~V? oily' gU~StlonS, Or n~°d ~~C;ItIGn?I Information CGiiCePilln~ t}liS Mattel', i~le?SE conract Scott Vinson, or me at (252) 945-6481. incerel , AI od e Regional Supervisor Surface Water Protection Section ~,,,"r AH/sav: C~~\STORMWATIPERMI T 1SW7050714 cc: t~Kevin Avolis, PE Pamlico County Building inspections David Moye, CAMA - `V~aRC Washington Regional Office ,~,,. - Central Fifes =~~~<<~r~~ ,'1~lrfili': \oith Carolina Division of Water Qualiq~ ~~'ashin on Regions! ~~l~~ice Phone (^_~2j 3:36.6&1 FAQ: (2`?) 94E•9215 Cu~lomrr Ser~•ice In!srr,et: h2o.anr.,lzl?.nc.us 91; ~\'aslungton Syunre 11u11, 1l'ashinsnun. KC 27RS9 l •577.623.673 North Carolina Department State stormwater management systems , Permit No. SW7050714 ' . STATE OF NORTH CAROLINA ~ '" . ~. .,~' ,~, ~~, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOU ~~ ~ z.;, ,~?~k<~~-^, DIVISION OF WATER QUALITY ~~/~ ~~u~.r`' ;~' ~~~ ~ ~ <4~ `7~~~ i J.Yf STATE STORMWATER MANAGEMENT PERMIT `~~~ •. ~~~ ~ ~~ ~. HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Minnesott Beach Holdings, LLC Wayfarers Cove Pamlico County FOR THE construction, operation and maintenance of six infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "sformwaferrules'~ and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and . considered a part of this permit. This permit shall be effective from the date of issuance until September 15, 2015, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described m Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 497,000 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the ...,.~,.n~ferd r~lonc ' 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 8 6. State Stormwater Manage t ~, stems ., n <~~ Permit N ~ ~.~.. 14 desi n criteria have been provided in the infiltratiof~~i - ° ;~~t~.,t:,, , The following g ~ y ~',:~, be maintained at design condition: ' ~' 'n'°° ~~,, ' ~~ . ~~~~ K'~' i~~6 ~~ a. Site Area, acres: 34.85 ~'`' ~~~' Ba= Basin 2 Basin 3 ~'"~~5 b. Drainage Area to Basins, acres: 7.51 6.25 2.51 c. Total Impervious Surfaces, ft2: 143,672 122,205 66,.923 d. Design Storm, inches: 1 1 1 e. Basins Depth, feet: 1.30 1.80 1.50 f. Bottom Elevation, FMSL: 9.50 9.50 9.50 g. Bottom Surface Area, ft2: 9,412 6,268 3,464 h. Bypass Overflow Elevation, FMSL: 10.80 11.30 11.00 i, Permitted Storage Volume, ft3: 13,802 11,773 6,074 j, Type of Soil; Alpin Alpin Alpin k. Expected Infiltration Rate, in/hr: 2.0 2.0 2.0 I. Seasonal High Water Table, FMSL; 7.5 7.5 7.5 m. Time to Draw Down, hours; 7.8 ii.G 9.0 n. Receiving Stream/River Basin: Alligator Gut / Neuse o. Stream Index Number: 27-116 p, Classification of Water Body: "SC; Sw, NSV'J" Page 3 of 8 State stormwater Management,~,#ems 6. (continued) a. Site Area, acres: b. Drainage Area to Basins, acres: c. Total Impervious Surfaces, ftZ: d. Design Storm, inches: e. ' Basins Depth, feet: f. Bottom Elevation, FMSL: g. Bottom Surface Area, ft2: h. Bypass Overflow Elevation, FMSL: i. Permitted Storage Volume, ft3: j. Type of Soil: . k. Expected Infiltration Rate, in/hr: I. Seasonal High Water Table, FMSL: Permit No. S.~"-; ', 7. 4 <~ ~~~ ., •.,., ,~, ~ ~ ~~, ~~ ;., ^~r., ~ 34.85 ~+, ~ " ; " . d ~ A asin 4 B 'Basin 4B Basir~~~~, °`~~~~ . ~ ' ' ~ d ~'t V vv ~~~~G~l~i' '''~f'" 45,526 18,303 ~. a 10~"~71 `~-': 1 1 ~~ „~ 1 `~s , 1.00 1.00 1.50 13.0 12.0 19.0 6.,353 1,550 5,802 14.00 13.00 20.50 7,134 1, 824 9,764 Alpin Alpin Alpin 2.0 2.0 2.0 9.0 9.0 14.0 m. Time to Draw Down, hours: 6.0 6.0 9.0 n. Receiving Stream/River Basin: Alligator Gut / Neuse o. Stream Index Number: 27-116 p. Classification of Water Body: "SC; Sw, NS`JV" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan roust be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. Page 4 of 8 State stormwater Manage 4. 5. Records of maintenance activities must be kept and made available upon ~., , request to~authorized personnel of DWQ. The records will indic~~ {he da-t~~~ ,.y activity, name of person performing the work and what actions w ~t~Pn. " < The facilities shall be constructed as shown on the approved plans. This~~~ra~ii1 shall become voidable unless the facilities are constructed in accordance witl~~b°,~~„ the conditions of this permit, the approved plans and specifications, and other ~" supporting data. ' 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modif<cation may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior,to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of bunt-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of ail or part of the project area: The project area is defined as a(I property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 5 of 8 Mate otormwa~ei iviai ~ayei i tGi i ~~ :x~; ~ ,r -~• a:~~„ Permit No. S ,~ ~ ~~+ .,~-~> ~~' ' y/•~~ ~~~ y III. GENERAL CONDITIONS 5;~~ ,~;j, . , , a. rr .~i.~.T, ; ,. 1. This permit is riot transferable except after notice to and approval b '. ector. r7 ;'pp~, sx, In the event of a change of ownership, or a name change, the permittee submit a formal permit transfer request to the Division of Water Quality, ~~` ;~., • accompanied by,a completed name/ownership change form, documentation ~,~,~ ~~ from the parties involved, and other supporting materials as may be appropriate. ~..'i~'<•,. • The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide byy the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified e{sewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9, The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 15th day of September, 2005. IJ~RTH CA~OLINA ENVIRONMENTAL MANAGEMENT COMMISSION Aran W. KltmeK, ~., uirector- Division of Water Quality By Authority of the Environmental Management Commission Page6of8 ~ v Y ~ r • Wayfarers Cove Stormwater PerFnit No: SW7050714 Designer's Certification ~~ ~~,,~~ ,,, ~~~ r, l~ ~ , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) .the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved.plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification:' SEAL Signature Registration Number Date State Stormw ter Managements ~s~'~~,! .` Permit No S .~Z~¢~`.a,'(~~ VI ./~~ (y~~'Y i' V~ ~.~ ~iA~f~`.'.f'F by{F '~JS~'n Page 7 of 8 ~~* ~~~ .~ 9 ~r y TY r ~~/ A .~j "yl1 Certification Requirements: ~~~~~u, '~~'{t~:, ~. ~ 1. The drainage area to the system contains apprd~n;_:, acreage. 2. The drainage.area to the system contains no more amount of built-upon area. 3. All the built-upon area associated with the project i~ runoff drains to the system. 4. All roof drains are located such that the runoff is dir 5. The bypass structure weir elevation is per the appr 6. The bypass structure is located per the approved F 7. A Trash Rack is provided on the bypass structure. 8. All slopes are grassed with permanent vegetation. g. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and circuiting of the system. 11. The permitted amounts of surface area and/or vol; provided. 12, All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided peg cc: NCDENR-DWQ Washington Regional Office Pamlico County Building Inspections Page 8 of 8