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HomeMy WebLinkAbout33-21 Bayshore Nine LLCPermit Class Permit Number AMENDED 33-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vertnit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Bayshore Nine LLC., 3230 New Hope Rd., LaGrange, NC 28551 Authorizing development in Carteret County at adj. to Bogue Sound, at 304 Bayshore Dr., in Cape Carteret as requested in the permittee's application dated 12/8/20, including attached workplan drawings (1) Sheet 1 of 1 dated "Revised 12/2/20". This permit, issued on August 16, 2021 , 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. Docking Facility 1) 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 structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body associated with the basin. Measurements to determine width of the water body shall be made from the normal high water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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, 2024 In 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 MQ ana the unair of the Coastal Resources Commission. �l� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bayshore Nine LLC. ADDITIONAL CONDITIONS Permit No. 33-21 Page 2 of 3 3) The permittee shall install and maintain athis expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) This permit authorizes a maximum of five (5) boat slips. 5) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. 6) In order to ensure compliance with condition No. 5, no cleats, tie piles or other formal mooring structures shall be constructed on any portion of the docking facility outside of the formalized slip area indicated on the attached workplan drawings. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. General 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) All debris associated with the removal or construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 56 (Action ID SAW-2020-01671). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1358. Bayshore Nine LLC. ADDITIONAL CONDITIONS Permit No. 33-21 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $2,50 was received by DCM for this project. ROY COOPER Governor EL17ABETH S. BISER Secretary BRAXTON DAVIS Director File Note: FROM: SUBJECT: DATE: NORTH CAROLINA Environmental Quality Gregg Bodnar, DCM Assistant Major'Permit Coordinator Bayshore Nine LLC #33-21 Address Change 8/16/2021 A requested dated 8/11/21 requested an address change and this was accomplished via an AMENDED Permit issued 8/16/21. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400.Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 DCM Coordinator: Permit #: 3 3 2- MAILING DISTRIBUTION SHEET Permittee: Agents: Lb%44 Syr Z` ( DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City 4ejt*-- Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger-401 Clif Whitfield (WARO) Jimmy Harrison Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO) Rodney Butler (NCDOT) Travis Wilson w a COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 August 11, 2021 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit #33-21 Bayshore Nine, LLC Request for address change Dear Heather: Major CAMA permit # 33-21 was issued to Bayshore Nine, LLC on March 25, 2021, for construction of a docking facility at 304 Bayshore Drive in Cape Carteret, North Carolina. At the time of permit issuance Charles A. Umstead was the manager of the LLC, and the mailing address was 104 Poplar Ridge Road, Goldsboro, NC 27534. This mailing address was shown on all relevant application documents and on the face of the permit. Following issuance of the permit I was informed that the manager and mailing address for the LLC had changed. The new manager is Dwayne Whitfield. Mr. Whitfield is requesting that the Division of Coastal Management change the mailing address for Bayshore Nine, LLC as shown on the face of permit #33-21 to 3230 New Hope Road, LaGrange, NC 28551. Please be sure to send a copy of the updated permit to me for my records. Thank you for your assistance. Sincerely, J v,,4. Kathy B. Vinson, AICP RECEIVED A U G 1 2 2021 P' ? SECTION MHD . � 9 Bodnar, Gregg From: Styron, Heather M. Sent: Thursday, August 12, 2021 1:12 PM To: Bodnar, Gregg Cc: Howell, Jonathan Subject: FW: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC Attachments: Major #33-21 Bayshore Nine Change of Address.pdf Hey Gregg, Per Jonathan this is all that is needed for the mailing address to be updated on the major permit. He also said no fee is required. Heather From: Kathy Vinson [mailto:kbvinson@ec.rr.com] Sent: Wednesday, August 11, 2021 11:47 AM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: RE: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Heather, Attached is the letter requesting change of mailing address on the face of permit #33-21, issued to Bayshore' Nine, LLC on March 25, 2021.. Please let me know if you need anything else. Thanks, Kathy From: Styron, Heather M. <heather.m.stvron0Dncdenr.¢ov> Sent: Wednesday, July 28, 2021 10:46 AM To: Vinson, Kathy <kbvinson(@ec.rr.com> Subject: FW: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC Please see Jonathans response below. Send me a letter with the major permit information and the correct mailing information and why you are requesting this and we can have this changed. From: Howell, Jonathan Sent: Tuesday, July 27, 20213:30 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Subject: RE: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC No. We can do an address change. Just submit a small paragraph with the request so we can track it. Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. Howell(7a ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Sent: Tuesday, July 27, 2021 12:38 PM To: Howell, Jonathan <ionathan.howell(Wricdenr.eov> Subject: FW: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC Hey Jonathan. Do they need to apply for a transfer if the only thing they are changing is the mailing address on the major permit? Thanks, Heather From: Kathy Vinson [mailto:kbvinson@ec.rr.com] Sent: Tuesday, July 27, 2021 12:23 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.eov> Subject: RE: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. All that needs to be changed is the mailing address on the cover of the permit. From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Tuesday, July 27, 2021 12:05 PM To: Kathy Vinson <kbvinson@ec.rr.com> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC Hey Kathy, This is what is required for a transfer. Will you be transferring into anew name or just changing the address? Gregg what are your thoughts if it is just an address change with no name change? Heather 15A NCAC 07J .0406 PERMIT ISSUANCE AND TRANSFER (a) Upon approval of an application and issuance of the permit, the permit shall be delivered to the applicant, or to any person designated by the applicant to receive the permit, by first class mail or any appropriate means. (b) Anyone holding a permit may not assign, transfer, sell, or otherwise dispose of a permit to a third party. (c) A permit may be transferred to a new party at the discretion of the Director of the Division of Coastal Management upon finding each of the following: (1) a written request from the new owner or developer of the involved properties; 14 of 37 (2) a deed, a sale, lease, or option to the proposed new party showing the proposed new party as having the sole legal right to develop the project; (3) that the applicant transferee will use the permit for the purposes for which it was issued; (4) no substantial change in conditions, circumstances, or facts affecting the project; (5) no substantial change or modification of the project as proposed in the original application. (d) A person aggrieved by a decision of the Director as to the transfer of a permit may request a declaratory ruling by the Coastal Resources Commission as per 15A NCAC 7.1 .0600, et. seq. (e) The applicant for a permit transfer must submit with the request a check or money order payable to the Department in the sum of one hundred dollars ($100.00). From: Bodnar, Gregg Sent: Tuesday, July 27, 2021 11:56 AM To: Kathy Vinson <kbvinson(@ec.rr.com> Cc: Styron, Heather M. <heather.m.stvronCdncdenr.eov> Subject: RE: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC Just get heather a request with justification and documentation of the new individual's association with the permit. The address change would not be fee associated? Heather may know more on that. Gregg From: Kathy Vinson <kbvinson(@ec.rr.com> Sent: Tuesday, July 27, 2021 10:19 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Change address on Major CAMA #33-21 Bayshore Nine, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to ReportSoam. - -, '" Gregg, Attached is a copy of major permit 33-21 issued to Bayshore Nine, LLC earlier this year. I just received a call from the current Bayshore Nine manager. The previous manager, who was my contact throughout the permitting process, is no longer a member of the LLC. The previous manager's mailing address (104 Poplar Ridge Road, Goldsboro, NC 27534) is on the permit. The new manager wants the address on the permit changed to his mailing address (3230 New Hope Road, La Grange, NC 28551). Is this possible and if so what is needed? Thanks, Kathy LAO t Virus -free. www.avo.com 3 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Bayshore Nine, LLC PROJECT NAME: COUNTY: Carteret LOCATION OF PROJECT: Cape Carteret, Carteret County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-9-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Styron DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 1-31-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: i2�7-20 2�ZZ{Z l HOLDS: EMAIL OUT DATE: 2-2-21 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: MHC FEE REC'D: $250 # Click or tap here to enter text. END OF NOTICE DATE: 2-20-21 DEED REC'D: Yes 150 DAY DEADLINE: 5 Z STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch uZa gyp((, Z DWR-401 Section ( DWR— PublicWaterSupply DEMLR — Stonnwater DEMLR — Sed and Erosion DOA — State Property Office Z Zl Z K Wildlife Resources Commission L Z pp (aµyn DMF — Shellfish Section L Z DMF — Habitat & Enhancement 3 5 f tj DNCR — Archives & History L LV El DNCR — Natural Heritage Program NCDOT NC Dept of Commerce ��3 2 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM: TO: GREGG BODNAR FROM: HEATHERSTYRON THRU: ROY BROWNLOW NORTH CAROLINA Environmental Quality 1/26/2021 SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- BAYSHORE NINE, LLC, FIVE SLIP DOCKING FACILITY PROJECT, CAPE CARTERET, CARTERET COUNTY The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for shoreline improvements and pier additions. The site is currently a total of .99 (43,163so total acres at 304 Bayshore Drive in Cape Carteret, Carteret County NC. There is an existing basin with boat ramp that connects to Bogue Sound. There are two SAV areas along the eastern side of the proposed docking facility. The substrate is a predominately sandy bottom with some loamy sand bottom. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: • All work shall remain within the areas shown on application and plat dated received 12/9/2020 and shall remain outside of any SAV habitat. • No more than five slips total are authorized • The docking facility shall not exceed a maximum distance of 190' waterward of normal high water and shall remain entirely within the applicant's riparian area. D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082808 Bodnar, Gregg From: Cannon, Amanda 1 Sent: Wednesday, February 3, 2021 3:12 PM To: Bodnar, Gregg Subject: Fw: [External] RE: CAMA Major Permit App - Bayshore Nine, LLC From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, February 3, 2021 2:17 PM To: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>; Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: [External] RE: LAMA Major Permit App - Bayshore Nine, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hello ladies, I have a couple of questions/observations about the application and bio report. The project narrative states that due to existing water depths within the project area, no dredging would be associated with the proposed project (now or in the future), while the next to the last statement in the bioreport says that maintenance dredging would be required periodically. Was this just a typo? Also, the DWR pre -filing meeting request form is for a project in Buncombe County, and the project narrative by the applicant states that no pre -filing meeting was required. Just looking for some clarification. Thanks! Liz From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Tuesday, February 2, 2021 1:15 PM To: Tracy Barnes <tracyb@carteretcountync.gov>; Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; DCR - Environmental _Review <Environmental. Review@ ncdcr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Sullivan, Shelton <shelton.sullivan@ncdenr.gov>; Carpenter,Kristi <kristilynn.carpenter@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.HaII@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Wilson, Travis W. <travis.wilson@ncwildlife.org>; Butler, Rodney A <Rodney. Butler@ncdcr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Styron, Heather M. <heather.m.styron@ncdenr.gov>; Brownlow, Roy <roy. brownlow@ ncdenr.gov> Subject: [Non -DOD Source] CAMA Major Permit App - Bayshore Nine, LLC Hello All! Please accept this correspondence as the official distribution of CAMA Major Permit Application for Bayshore Nine, LLC in Cape Carteret, Carteret County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO GREGG BODNAR at ereee.bodnarQmcdenr.L7o ***Please note that the PLANS are oversized (36x24), if you would like a Gard cony mailed to you Please reply with the best mailing address*** For questions or concerns, please contact Gregg Bodnar at rQ eee.bodnar ,ncdenr.gov or (252) 808-2808 ext. 215. Thankyou11 Division of Coastal Management Department of Environmental Quality 252.808.2808 Ext. 206 252.247.3330 Fax Amanda.Cannon(o)ncdenr.goV 400 Commerce Ave Morehead City, NC 28557 ' Nothing Compares., . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 NORT'-I CAROL:tU. Lllll: S!� vCi�:II� Q::Q�1!1 February 2, 2021 MEMORANDUM. - FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12--09) greg9.b odnar(MNCD ENR.gov SUBJECT: LAMA/Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip pnvate docking facility ROY COOPER 0=.e MICHAEL S. REGAN k mmr BRAXTON DAVIS Dircrra, Dncrn f f Cv=d .1rm.yccnow Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Lee Padrick AGENCY SIGNATURE DATE NC Commerce 2-3-21 F RECEIVE® FEB 3 2021 MP SECTION MHD Setaa:Nar&C=tm I EmSac� WQualu)rl CaasWM-o- B27CermilDmeS%i_UT=5gn=NC'-5:05 91D 7957215 NORTH CAROLINA EmPonmenrat Ouahty February 2, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areaa.bodnar(a)NCDENR.Qov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS D,reclu,. Division ojCaaalat Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February,23, 2021; If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGENCY Division of Coastal Management SIGNATURE 4 0 PJ OV RECEIVED F E B 3 2021 DATE 2/3/2021 MP SECTION MHD State oftlotth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Est., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Envirotunwrat Quality TO: Gregg Bodnar, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Plannerf9 n „ Division of Coastal Management { 1�1� Q�/%(� SUBJECT: Major Permit Application Bayshore Nine, LLC Date: February 3, 2021 F E B 3 2021 Consistency Determination: The request is consistent with/not in conflict with the Cape Carteret Core Land Use Plan certified by the CRC on May 18, 2007. Overview: The project is contiguous to Bogue sound and is located at 308 Bayshore Drive, Cape Carteret, Carteret County, North Carolina. The site is .99 acres (43,163sf) in its entirety and 2' above nhw and has an existing excavated high ground basin that connects to Bogue Sound. The upland vegetation mainly consists of lawn grasses. There are tidal and transitional wetlands along the west side and south side of the property and consist of Spartina alterniflora, Spartina patens and non -coastal wetlands. The applicants are proposing the construction of a five slip docking facility with finger piers, boatlifts within the proposed slips and a platform to serve runabout sized boats. The applicant is proposing to construct a five -slip docking facility. It would be located approximately 75' to the west of the eastern riparian access line and not extend south more than 190' into Bogue Sound from normal high water. The width of the pier would be 6' wide and would extend from the existing basin south for 17 5'. It would intersect a 15' x 20' L-head platform. There would be five slips with 13' x 13' boatlifts as well as three 4.6' x 25' finger piers. The slips with boatlifts and finger piers would be located along the south west side of the proposed pier and L-head platform. The finger piers would be located along the north side of slip 1, in between slips 2 and 3 as well as between slips 4 and 5. Water depths along the slip areas range from -3' nlw to -6' nlw depending on location. AECs onsite include ES, EW, and PTA. Bogue Sound surface water classification is OWR. The site is not a Primary Nursery Area and is closed to the harvest of shellfish. Water depths within this project location are -3 feet nlw/mlw to -6' nlw/mlw (field verified), depending on location. The bottom substrate is sand D Q� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.6082808 and there are 2 SAV beds (verified by Southern Environmental Group) located along the east side of the proposed docking facility. The width of the waterbody within this location is approximately 770 feet. Anticipated impacts: The proposed development would shade and incorporate 3,100 ft2 of open water. Because all proposed development is located within the existing pier head lengths as well as landward approximately 30' of the existing channel, there would be no navigation obstruction. Maintenance excavation would be needed periodically to maintain water depths. There would be no impacts to adjacent SAVs. Basis for Determination: The project site is located in the Town of Cape Carteret their 2007 Core Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Medium Density SF Residential. Conservation (Areas of Environmental Concern and non -coastal wetlands) limits uses to those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: 4.2.2 Land Use Compatibility Policy 17: Cape Carteret will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan. Policy 18: Marinas and other docking facilities may be permitted where it is consistent with local zoning and must be constructed in accordance with the Division of Coastal Management guidelines. 4.2.6Areas of Environmental Concern Policy 2: Only certain uses which require water access and cannot function elsewhere will be permitted in coastal wetlands. Such uses include utility easements, navigation channels, dredging projects, marinas, piers, boat ramps, noncommercial docks, navigational aids, groins, culverts, and bridges. Each proposed use shall be evaluated for compliance with the CAMA 7H Use Standards and town ordinances. Policy 4: The town's policy is to restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas. Any development within estuarine or public trust waters must be consistent with CAMA 7H Use Standards and local development regulations. Policy 5: Appropriate land uses within the estuarine shoreline include any permissible land uses authorized by the Cape Carteret Zoning Ordinance and Flood Damage Prevention Ordinance that conform to CAMA development standards. Policy 7: Cape Carteret recognizes the significance of the western Bogue Sound ORW designation. The town's development policies for the estuarine shoreline contiguous to waters classified as ORW shall be consistent with the CAMA 7H Use Standards RECEIVED Q� F E B 3 2021 North Cardin Department of Environmental Quality I Division of Coastal Manallement7, �� F;t� SECTION j,� ,�,avufl Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 2855 2528082808 NORTH CAROLINA L'ovonnmz,md QusAp February 2, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areao. bodnar(cDNCDENR.aov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division o%Coarlal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY SIGNATURE DATE Public Water Supply W 2-4-21 REECEIVED FEB A 2021 P SECTION POND State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Em., Wilmington, NC 28405 919 796 7215 a NORTH CARCONA Unviwnmovwl OgaLpy February 2, 2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greoo. bodnar(a)NCDENR.aov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Dwawn of co.t.1 Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Myers DMF- Shellfish Sanitation and Recreational Water Quality AGENC„��,, SIGNATURE " " for Shannon Jenkin RECEIVED February 5, 2021 DATE FES 8 2021 State ofNorth Catalina I Environments] Quality I Coastal Management P SECTION MHD 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, February 8, 2021 5:39 PM To: Bodnar, Gregg Cc: Snider, Holley; Cannon, Amanda J Subject: [External] RE: CAMA Major Permit App - Bayshore Nine, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. Gregg, The Corps has assigned this project Action ID: SAW-2020-01671 and will process as a General Permit 56. Thanks, Liz From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Tuesday, February 2, 2021 1:15 PM To: Tracy Barnes <tracyb@carteretcountync.gov>; Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; DCR - Environmental Review <Environmental.Review@ncdcr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Sullivan, Shelton <shelton.sullivan@ncdenr.gov>; Carpenter,Kristi <kristilynn.carpenter@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Wilson, Travis W. <travis.wilson@ncwildlife.org>; Butler, Rodney A <Rodney. Butler@ncdcr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Styron, Heather M. <heather.m.styron@ncdenr.gov>; Brownlow, Roy <roy. brown low@ ncde n r.gov> Subject: [Non-DoD Source] CAMA Major Permit App - Bayshore Nine, LLC Hello All! Please accept this correspondence as the official distribution of CAMA Major Permit Application for Bayshore Nine, LLC in Cape Carteret, Carteret County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO GREGG BODNAR at p_ree¢.bodnar6d.nedenr.eov* ***Please note that the PLANS are oversized (36x24), if You would like a hard cony mailed to you Please reply with the best mailing address*** For questions or concerns, please contact Gregg Bodnar at gregg.bodnar@ncdenr.gov or (252) 808-2808 ext. 215. ROY COOPER ,:r"l...... MICHAEL S. REGAN BRAXTON DAVIS sill.+C l„l �\!\I.Cf(lll /l%I SLY le�p� February 2, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greaa.bodnar(NCDENR.cov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return dris form to Gregg Bodnar at the address above by "February2021.7 If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME w 44—��o`L� AGENCY ate- T A_A, rN� ...----- — ,. SIGNATURE b0 DATE �OYJ/ pLQca�/ SmtcoffNorth Carolina Emironmcnial Quality Coastalllanagement 127 Cardinal Driee Fm.. Wilmington. NC 28405 919 796 7215 RECEIVE® FEB 2 2 2021 PAP SECTION MHD Received: 2/19/2021 IS Historic Preservation OfficeDue:3/1/2021 NORTH CARCUNA ER 21-0520 L'n, rirmrm.'ntu; Otratip February 2, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(a)NCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER (invemnr MICHAEL S. REGAN Seeremry BRAXTON DAVIS Direemq Division nfCoastal Management NC - SBA 2/25/2021 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 2/26/2021 RECEEVVE® F E B 2 6 2021 MP SECTION 6'r D State of 4otth Carolina I Environmental Quality I Coasul Management 127 Cardinal Ddve Em., Wilmington, NC 28405 919 796 7215 a February 2, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arecc. bodnar(ZlNCD ENR.g0 SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Bayshore Mine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS Please indicate below your agency's position or viewpoint on the proposed projectand return this form to Greno Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME qe"- c )1 1 _'— AGENCY rr CA-�?_G SIGNATURE DATE 2'2-Lf-20Lj Slate ofNorth Carolina I EmimmmW Quality I Curial Mavgemem 127 Cadmalllme Ex4 R'ilmingt o NC 284DS 91979672/5 Oslo \ North Carolina Wildlife Resources Commission 0 Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: February 26, 2021 SUBJECT: CAMA Dredgc&ill Permit Application for Bayshore Nine, LLC, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 304 Bayshore Drive near Cape Carteret adjacent Bogue Sound. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Star. 401, as amended, 16 U.S.C. 661 et seq.). The applicant proposes to construct a 5-slip docking facility within an existing basin. The 6' by 175' pier would intersect a 15, by 20' L-shape platform to create five slips with three 4.6' by 25' finger piers and five 13' x 13' lifts. Water depths within the slip area range from -3' NLW to -6' NLW. The Bogue Sound and basin in this area are classified SA ORW by the Environmental Management Commission. The NCWRC has reviewed the proposal and has minimal comments. We participated in an agency scoping meeting as well as an on -site investigate to determine the presence of submerged aquatic vegetation (SAV) and shellfish resources. We appreciate the applicant's demonstration to minimize impacts to these resources with the layout of the structure and orientation of the slips. To further minimize impacts to environmental resources, we request the following be considered as permit conditions: • To deter vessel tie-ups and usage on the east side of the facility where SAV and shellfish resources have been noted, we request the applicant consider incorporating rails or at minimum signage stating vessel usage should not occur on the east side of the structure. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 A. Page 2 • The applicant's narrative stated maintenance dredging may need to be done periodically. While this is not currently within the proposal, we request any permit modifications requesting excavation be circulated to resource agencies to assess project impacts to resources and to provide recommendations to minimize any impacts. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria dunn(a),rcwildlife.org • DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE - WILMINGTON, NORTH CAROLINA 28403-1343 March 9, 2021 Regulatory Division Action ID No. SAW-2020-01671, General Permit No. 197800056 Bayshore Nine, LLC. Mr. Charles Umstead 104 Poplar Ridge Drive Goldsboro, North Carolina 27534 Chuck@premierc=ets.com Dear Mr. Umstead: RECEIVED MAR 1 0 2021 MP SECTION WD Through coordination with the North Carolina Division of Coastal Management we have learned of your request to expand an existing docking facility located at 304 Bayshore Drive, adjacent to Bogue Sound, in Cape Carteret, Carteret County, North Carolina. On January 1, 2017, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans dated February 27, 2020 which are a part of this permit. 2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hUs://www.fws.jzov/raleigh/pdfs/ManateeGuidelines20l7.pdf. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. -2- Thank you for your time and cooperation. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, at telephone (910) 251-4049 or by email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosure: Plans GP 56 conditions Manatee Guidelines Electronic Copy Furnished (with enclosures): Coastal Planning Services, Inc.; Ms. Kathy Vinson kbvinson2ec.rr.com: coastalplanningservices(2gmail.com Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Mr. Jonathan Howell/Mr. Gregg Bodnar/Amanda Cannon NCDEQ/DWR; Mr. Paul Wojoski/Ms. Holly Snider MAR 1 0 2021 MP SECTION 6I HD m ;e February 2, 2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar()NCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER Gaventm' MICHAEL S. REGAN ren'eimr BRAXTON DAVIS Dhw,,,m, Dieiainn,,J Ow'.! Managemem Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional corprneLltg may be attached" See attache CiC letter This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Holley Snider AGENCY NC Div. of Water Resources-401 Buffer Permitting Branch SIGNATURE 17ouey SHWer C "Vv DATE 03/15/2021 MAR 1 7 2021 State ofNodh Carolina 1 Envimameotal Quality l Coastal M=gemrnt FOP SECTION tti0 H ® 127 Cardinal Drive Ext, Wilmington, NC 29405 919 7967215 DocuSign Envelope ID: 5693AEF2-D9D3427B-95BC-9CD9C29A2F6B ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Bayshore Nine, LLC ATTN: Charles Umstead 104 Poplar Ridge Drive Goldsboro, NC 27534 NORTH CAROLINA Environmental Quality March 11, 2021 Subject: No Written Approval Required Bayshore Nine - 304 Bayshore Drive — Bogue Sound Carteret County Dear Mr. U mstead: DWR # 20201358 Carteret County RECEIVED MAR 1 7 2021 6 P SECTION MHD The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request dated received by this office on February 2, 2021. The application proposes to construct a docking facilitywith fixed platform, finger piers, and five (5) boatlifts. The proposed project is located in the waters of Bogue Sound which are classified as SA:ORW by DWR. Please note that the shallow bottom area surrounding the docking facility contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved footprint of the docking facility. [15A NCAC 07H .0208 (a)(6)] DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the Regional General Permit 56 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the Regional General Permit 56 when issued by the US Army Corps of Engineers. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). �DKQ North Carolina Dcpartment of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 UDWIIIS,g n Envelope ID: 5693AEF2-D9D3-427B-95BC-9CD9C29A2F68 D W R#20201358 Page 2 of 2 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Holley Snider at 910-796-7304 or hollev.snider@ncdenr.aov if you have any questions or concerns. Sincerely, U uftne by: I b ,u& SaIA L1� —Lihj E3ABAUACMC 34... Morel la Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC4175 cc: Sarah Hair, LISACE Wilmington Regulatory Field Office, EC Gregg Bodnar, DCM Assistant Major Permit Coordinator, EC Kathy Vinson, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO MAR 1 7 2021 NORTH CAROUNA cmlrn,rmd,i,sl Ond;ip February 2, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) g regg. b od n a r(a) N C D E N R.g ov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direclaq Division ofCnaslal Monagemenl Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. James Harrison AGENCY NCDMF SIGNATURE gila446 )t, DATE 16 March 2021 MAR 1 6 2021 MP SECTION MHD State ofNosth Carolina I Envimnmenml Qoaliry I Coastal Management 127 Cardinal Drive Em., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretory JOHN G. BATHERSON ANng Director MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Bayshore Nine, Carteret County DATE: 12 March 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located 308 Bayshore Drive, within Cape Carteret, Carteret County, North Carolina. The applicant is proposing to construct a five -slip docking facility with finger piers, boatlifts, and an L-shaped platform. The applicant has included numerous Best Management Practices (BMPs) in order to minimize project -related impacts, including 10 foot piling spacing, installing railings on the pier to prohibit docking outside of designated slips, and elevating the pier a minimum of five feet above the normal high water (NHW) line. Surveys conducted on September 1, 2020 indicated a presence of submerged aquatic vegetation (SAV) in the vicinity of the proposed construction. SAV presence was verified during a site visit conducted by representatives from various state agencies on September 25, 2020, although findings during that visit were different from those reported during the earlier survey. SAV is a critical habitat type, providing nursery, foraging and protective habitat for numerous commercially, recreationally, and environmentally important fish and shellfish species. Additionally, SAV provides numerous ecosystem benefits, including natural shoreline protection and erosion prevention, as well as nutrient uptake. Taking these into consideration, it is important that this resource be protected from the direct and indirect impacts associated with coastal development. DMF acknowledges and appreciates the included BMPs that may minimize the impacts to SAV that could occur as a result of the proposed construction. Although DMF is not providing any project -specific recommendations, DMF would like to note that there is concern regarding the potential impacts to SAV, despite inclusion of the above -mentioned BMPs. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at james.harrisonOncdenr.gov with any further questions or concerns. RECEIVED MAR 1 6 2021 State of North Carolina I Division of Marine Fisheries _ �q�,J {� 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 26557 MP SECTION M H D 252-726-7021 ON MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Bayshore Nine, Llc Bayshore Nine Dock with Boatslips Applicant 1: First Name MI Last Name Charles A Umstead Applicant 2: First Name MI Last Name n/a Na We If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City state 104 Poplar Ridge Drive n!a Goldsboro NC ZIP Country Phone No. FAX No. 27534 USA 919 - 738 - 4455 ext. n/a Na - Street Address (d different from above) City State ZIP n/a N/A n/a n/a- Email Chuck@premiercarpets.com 2. Agent/Contractorinformadon Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B Vinson Agent/ Contractor 2: First Name MI Last Name n/a n/a n/a Mailing Address PO Box City state 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. n/a 252 - 354 - 4916 ext. Na FAX No. Contractor S 252 247 5875 Na Street Address (if different from above) City Stets ZIP n/a N/A n/a rda - Email kbvinson@ec.rr.com <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MPA (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. # Carteret 304 Bayshore Drive n/a Subdivision Name city State Zip We Cape Carteret NC 28584 - Phone No. Lot No.(s) (if many, attach additional page with list) n/a - ext. n/a n/a, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. ®Natural []Manmade ❑Unknown Bogue Sound is. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Cape Carteret 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 382.45 43,163 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I I NWL.(normal waterlevell (If many lot sizes, please attach additional page with a list) +2' ®NHW or ❑NWL e. Vegetation on tract Lawn grass and wetland vegetation f. Man-made features and uses now on tract Concrete boat ramp, asphalt driveway, bulkhead, one concrete pier, two wooden docks- one with gangway and floater. g. Identify and describe the existing land uses adjacent to the proposed project site. Municipal street and wooden dock to the east, residential to the west h. How does local government zone the tract? 1. is the proposed project consistent with the applicable zoning? R-10 Single Family Residential (Attach zoning compliance certificate, if applicable). ®Yes []No []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? n/a I. Is the proposed project located in a National Registered Historic District or does ft Involve a ❑Yes ®No' ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST .. www.ncconstalmanagernent.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (11) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovemment ®PrivalelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Docking facility will provide waterlboating access for owners and guests. c. Describe the proposed constructionmethodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One barge with pile -driving equipment stored,in deep waterwill be used for construction of the dock. All construction activities mill occur during periods of water depths sufficient to avoid barge from resting on or disturbing bottom. d. List all development activities you propose. Construction of one pier with five boatslips with lifts, finger piers, and platform e. Are the proposed activities maintenance of an existing' project, new work, or both? new f. What Is the approximate total disturbeddand area resulting from the proposed project? none ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow runoff to,Bogue Sound I. Will wastewater or stormwater be discharged into a wetland? ❑Yes®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a.mitigation proposal. <Form continues on back> 252.808-2808 .. 1-888-4RCOAST .. www.ticcoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to: this completed application form, (MP-1) the following items below, if applicable, must be submitted in orderfor the. application package to be:complete. items (a) - (0 are: always applicable to any major development epplicalion. Please consult the application instruction booklet on how to propedy prepare. the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to. distinguish between work completed and proposed.. c. A site or location map that. is sufficiently detailed to guide agency personnel unfamiliarwith the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certfied 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 Name Town of, Cape. Carteret - - Phone No. 252-393.8483 Address 102 DolphinStreet, Cape Carteret; NG285.84 Name South by West, LLC Phone No. 252-393-6732 Address 409 Anita Forte. Drive, Cape Carteret, NC 28584 'Name _ - Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. CAMA GP 56812, John McLean, 9/13/2010 CAMA GP 63374, McLean Holding, LLC, 3/13/2014 h. Signed consultant or agent authorization form, If applicable. t. Weiland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by propertyowner) k. A statement of compliance with the N.C. Environmental Policy Art (N.C.G.S. 113A 1-10). if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. I understand that any permit issued in response to this application will allow only the development aescnoea in me application. The project will be subject to the conditions and restrictions contained in the permit. 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. Date _1218/2020 Print Name _Kathy B.Vinson, Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACI&TY/MARINA CHARACTERISTICS a. '(1) Is the docking facility/marina: []Commercial ❑Public/Government 013rivate/Community El This section not applicable b. (i) Will the facility be open to the. general, public? ❑Yes ®No c. (i) Dock(s) and/or pter(s) d. (i) Are Finger Piers included? ®Yes []No (ii) Number 1 If yes: . (ii) Length 176 (ii) Number 3 (iv) Width 6' (Ili) Length 25. (v) Floating []Yes ®No (iv) Width. 4_6' (v)Floating []Yes ®No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts Included? ®Yes ❑No If yes: If yes: (11) Number 1 Proposed, 3 existing (see project plans and (I) Number 5 narrative for existing dimensions & square footage) (111) Length 12.5' (Ili) Length 16 (Iv) Width 12.5' (iv) Width 29 (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 5 ❑ Full service, including travel lift and/or rail, repair or (i) Number of slips existing maintenance. service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 5 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: one existing ❑ Other, please describe: 1. Check the proposed type of siting: _ J. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel open runabout ®Openwater; no dredging required []Other; please describe: ' k. Typical boat length: 25' or less I. (1) Will the facility be open to the general public? 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalrnanagement.net revised: 12/27/06 n'-m a''__2 4 irticiursz:, rage :2 og w.: m. (1) Will the facility have tie pilings? []Yes ®No []Yes ®No (it) If yes number of tie pilings? n/a 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities • that will be included in the proposed project. ❑ Office Toilets ❑ yoilets for patrons; Number. _; Location: Showers `� ❑ Boatholding tank pumpoul; Give type and location: b. .Describe treatment type and disposal location for all sanitary wastewater. none G. Describe the disposal of solid waste, fish offal and trash. trash receptacles located on highground d. How will overboard discharge of sewage from. boats be controlled? none allowed e. (i) Give the location and number of "No Sewage Discharge" signs proposed. one on dock (ii Give the location and number of'Pumpout Available' signs proposed. rule E Describe the special design, if applicable,. for containing industrial type pollutants, such as paint. sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? n/a h. Give the number of channel markers and 'No Wake" signs proposed. none i. Give the location of fuel -handling facilities, and describe the safety measures planned to prated area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Not allowed k. Describe design measures that promote boat basin flushing? n/a A!rZ.•i .1 .r}xn,C, i� / C; r:3*i:1 1,2710 t_<:l8 3Q1; :: .1 i.. fi Gh5:1"!W^_1«S:i7?3f_nl?F�aG31_3£Ilt_3i_^i 7'i'.:• Fai-i.^e 0,9"' i iVIF-111 (Structures, l'Nge Z a!4) I. If this project Is an expansion of an existing marina, what types of services are currently provided? not an existing marina m_ Is the marinsidocking facility proposed within a primary or secondary nursery area? []Yes ONO n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Yes []No o_. Is the marinaldocking facilityproposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shall. bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ®CW 72 sf shaded OSAV none, per SEGI SAV survey ®SB Approximately 120 sf of intermittent and scattered oysters shaded by proposed dock near shore. ❑WL n/a []None p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? []Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity . to the lease. n/a 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse struclure(s)i. []Commercial ❑PublidGovemment ❑Private/Community (Iq Number (III) Length (Iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (I) Number (Ii) Length (Ili) Width 5. BREAKWATER (e.g., wood, sheelpfle, etc.) ®This section not applicable a. Length = b. Average distance from NHW. NWL, or wetlands c. Maximum distance beyond NHW, NWL:orwetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the stmcture(s): ❑Commercial ❑PublidGovemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, IF present b. Number d. Description of buoy (color, Inscription, size, anchor, eta) Z�G•%SCi,L$GGL'S^F:FS$•el Rl:':1:h.:liA[::!'Pl.:_GCa_e_tl:j.'_.'T.i:}�,BS?t'r1ir.. rl r:Z , .^�ri'of-iret't?h'lei fr-vw € CIM PAP-4 raga e. of 4. e. Are of the swing WL-T�4:7 T4 a. Proximity of structure(s) to adjacent riparian property lines 78' to the east, 105' to the west Note: For buoy or mooring piling, use an: of swing Including length ofvessel. c. Width of water body 770' e. (1) Will navigational aids be required as a result ofthe project? ❑Yes ®No ❑NA (11) If yes, explain what type and how they will be implemented. n/a b. Proximity of structure(s) to adiadent docking facilities. 365' to the east; 310' to the west d. Water depth atwaterward end ofstructure at NLW or NWL -3' to -6' NLW & OTHER ®This section not applicable I a. Give complete description: 12/8/2020 Date Bayshore Nine Dock with Boatslips Project Name Bayshore Nine, LLC Applicant Name Applcant SigrUture ?:%''-8C!?>:?ttf P. :. �`:L3 �..�1:f1,:J.�:$i :YdSVYJ.;�CZ__�;W:.!TtniTu�. Gn P.:itJSG4 rE� ^•>:'�'? DCM Coordinator:_ 30 D'('h Permit #: , 33'z MAILING DISTRIBUTION SHEET DCM Field Offices /jC Z7S3� Elizabeth City Washington (with revised work plan drawings) Morehead City ( ✓ Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NC DOT- Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review®ncder.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Cun ituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs —401 (Brunswick, New Hanover) Holley Snider-401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) ,F Natural Heritage Program Rodney Butler °{ (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Bayshore Nine, LLC c/o Coastal Planning Services, INC. 2. LOCATION OF PROJECT SITE: 304 Bayshore Drive, Carteret County. Longitude: 34°43'21 Latitude: 76°45'23 3. INVESTIGATION TYPE: CAMA/D&F 4.. INVESTIGATIVE PROCEDURE:Dates of Site Visit—,12/22/2020 Was Applicant Present — No Photos Taken — no 5. PROCESSING PROCEDURE: Application Received: , Officially Submitted: 12/9/2020 Complete—12/9/2020 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Cape Carteret- Certified 2007 Land Classification from LUP — Residential/Conservation (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private, non-commercial (E) Wastewater Treatment: Existing — none Planned - None (F) Type of Structures: Existing — boat ramp with pier, bulkhead, existing wood dock and concrete pier Planned -five slip docking facility with five boatlifts (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow bottom N/A N/A 1,695shaded, 3690 Inc. (D) Total Area Disturbed 1695 ftz (E) Primary Nursery Area: No (F) Water Classification: ORW/SA Open: No 8. Project Summary: The proposed project is for the construction of a five slip private docking facility within an existing basin. 9. Narrative Description: The Bayshore Nine, LLC project is located at 308 Bayshore Drive within Cape Carteret, Carteret County. The site is found by following Highway 24 (WB Mclean Drive) from the 4 way EI/Hwy58/HWY 24/Cedar Point intersection towards Cape Carteret, Carteret County. Turn right onto Bayshore Drive and follow to the end. The property is located on the right. Field Investigation Report Bayshore Nine, LLC 308 Bayshore Drive Page 2 of 3 The Bayshore Nine, LLC property is .99 acres (43,163sf) in its entirety and 2' above nhw and has an existing excavated high ground basin that connects to Bogue Sound. The upland vegetation mainly consists of lawn grasses. There are tidal and transitional wetlands along the west side and south side of the property and consist of Spartina alterniflora, Spartina patens and non -coastal wetlands. The Division of Water Resources classifies this area as ORW/SA Waters. This area of Bogue Sound is not designated as a Primary Nursery Area and is closed to the taking of shellfish. The Cape Carteret Land Use Plan classifies this area as Residential with Conservation within the AECs. Water depths within this project location are -3 feet nlw/mlw to -6' nlw/mlw (field verified), depending on location. The bottom substrate is sand and there are 2 SAV beds (verified by Southern Environmental Group) located along the east side of the proposed docking facility. The width of the waterbody within this location is approximately 770 feet. 10) Proposed Development: The applicants are proposing the construction of a five slip docking facility with finger piers, boatlifts within the proposed slips and a platform to serve runabout sized boats. The applicant is proposing to construct a five -slip docking facility. It would be located approximately 75' to the west of the eastern riparian access line and not extend south more than 190' into Bogue Sound from normal high water. The width of the pier would be 6' wide and would extend from the existing basin south for 175'. It would intersect a 15' x 20' L-head platform. There would be five slips with 13' x 13' boatlifts as well as three 4.6' x 25' finger piers. The slips with boatlifts and finger piers would be located along the south west side of the proposed pier and L-head platform. The finger piers would be located along the north side of slip 1, in between slips 2 and 3 as well as between slips 4 and 5. Water depths along the slip areas range from -3' nlw to -6' nlw depending on location. 11. Anticipated Impacts: The proposed development would shade and incorporate 3,100 ft2 of open water. Because all proposed development is located within the existing pier head lengths as well as landward approximately 30' of the existing channel, there would be no navigation obstruction. Maintenance excavation would be needed periodically to maintain water depths. There would be no impacts to adjacent SAVs. Name: Heather M. Styron Date: 1/28/2021 Office: Morehead City —This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Date: 112 2021 Washington Wilmington Date of initial application submittal (E)(., 1/&2007129P2020 Date application "received as complete"in the Field office (EX.., 1/ti2007): 12AJM20 Permit Authorization: ®CAMA ❑Dredge & Fill OBoth SITE DESCRIPTION/PERMIT INFORMATION PAW Yes NNo Photos Taken: Yes Setback Required (riparian): Yes MNo Critical Habitat: Yes ONo Not Sure 15 foot waiver obtained: Yes ONo Hazard Notification Returned: []Yes ®No SAV: Yes ❑No ❑Not Sure ShellBoltom: []Yes ®No Not Sure Temporary Impacts: ®Yes []NO Sandbags: ❑Yes No Not Sure Did the land use classification come from countyLUP: ❑Yes ®No Mitigation Required (optional): []Yes ®No Moratorium Conditions: ❑Yes ®No []NA Environmental Assessment Done: ❑Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Unionium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wellands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spertlna (SY) Salt reed grass (Spariina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Schpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) SaWmeadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/D&F up to 1 acre; 3490 I(D) Priv. public orcomm w/D&F to 1 can be applied - $250 cre; 3490 cant be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 M(B) Public or commercial w/ D&F to 1 $2000 acre, 3490 can be applied - $400 El Major development extension request - 11. Public or commercial/no dredge 1. Private, noncom ercialha dredge $100 and/or fill - $400 and/or fill - $250 252-808-2808 :: 1-8884RCOAST :: www.nccoastalmanaaement.net revised: 02I5110 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Bayshore Nine LLC Date: 1P2&2021 Descdbe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Pier 1 New Work Replace 175' 6' Maint ❑ ❑ Y ® N Platform 1 New Work Replace 20' IS' Maint ❑ ❑ Y ® N Fingerpiers 3 ^ewe Replace 25' 4.6' Maint ❑ ❑ Y ® N boatlifts 5 New wa* Replace 13' 13' Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work E3 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N revised 0211W10