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
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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
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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. .
,.,
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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
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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
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~
34.85 ~+,
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. d
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A
asin 4
B 'Basin 4B Basir~~~~, °`~~~~
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~
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'
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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
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•
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
~~*
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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