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HomeMy WebLinkAbout83-21 Jones Family Irrevocable Trust................. Permit Class Permit Number NEW 83-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vtrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Jones Family Irrevocable Trust, 6619 Wheeler Dr., Charlotte NC 28211 Authorizing development in Carteret County at adj. to Newport River. at 152 Shell Bank Rd., near Newport as requested in the permittee's application dated 2/2021, including attached workplan drawings (4), Sheets 1-4 of all dated 1/28/21. This permit, issued on July 6, 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 ui mesc terms may oe subject to nnes, 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 inthe 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) In order to minimize impacts to traditional navigation at this location within the Newport River, the terminal end of the docking facility shall be constructed a maximum distance offshore of 142 feet from the waterward edge of marsh identified on the attached workplan Sheet 1 of 4. (See attached sheets for Additional Conditions) i ms permit acnon maybe 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 DEQ and the Chair of the Coastal Resources Commission. �14� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. �� Signature of Permittee Jones Family Irrevocable Trust Permit No. 83-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) The permittee shall install and maintain at his 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. 5) This permit authorizes a maximum of 2 formalized boat slips. 6) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, the two formalized boat slip lifts shall be sling lift in design. 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 and modified by permit condition. 9) In order to satisfy concerns of the resource agencies, any shellfish encountered during construction and within the pier piling alignment shall be moved outside the piling alignment. 10) Should either lot to the east or west be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. General 11) 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. 12) 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. 13) 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 Nationwide Permit 56 (Action ID SAW-2021-00527). Y Jones Family Irrevocable Trust Permit No. 83-21 Page 3 of 3 ADDITIONAL CONDITIONS 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. 2021-0567. 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 $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: awL, _ uv Type: (Check all that apply) New V Major Mod - Permit# Permit Coordinator: Field Representative: _ayw o Minor Mod Renewal Transfer Date Time Message h1�9�ti� L� �k ��- 5������^ GN �ota��. � aaU'� •� per. 4o t� c � � � �jvtf� ��i ova ���,�• ( 4( up�G 44'"k wr ��j 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name (if applicable) N/A Jones Family Pier Applicant 1: First Name MI Last Name Wiley n/a Jones Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 6619 Wheeler Drive Charlotte NC ZIP Country Phone No. FAX No. 28211 USA 704-336-8891 n/a Street Address (if different from above) City State 152 Shell Bank Road, Hardesty Farms Section 1 — Lot 17 Newport NC r28570 Email Iand.manGDiuno.com 2. AgentlContractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Steve n/a Morrison Agent/ Contractor 2: First Name MI Last Name Greg his Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910-452-OD01 ext. n/a n/a ext. n/a FAX No. Contractor# 910-452-0060 Na Street Address (if different from above) ZIP NA 7State Email smorrison(Mimarouo.net, ofincMa)lmarouo.net RsGE,vGv Application for Major Development Permit — February 2021 Yt" Jones Family Pier HD 01V Newport, Carteret County, North Carolina ��I I Project location County (can be multiple) Street Address State Rd. # Carteret 152 Shell Bank Road n/a Subdivision Name City State Zip Hardesty Farms Newport NC 28570 Phone No. Lot No.(s) (d many, attach additional page with list) n/a Lot 17 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Newport River c. Is the water body identified in (b) above, natural or manmade? d. Name the dosest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Newport River e. 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. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 78' @ NHW 0.42 +/- acres,—18,295 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0-8' ®NHW or ❑NWL e. Vegetation on tract Lawn grasses, live oak, coastal wetland species. f. Man-made features and uses now on tract Single family residence. g. Identify and describe the existing land uses adiaoent to the proposed project site. Single family residence and coastal marsh. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-15 (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? I. Is the proposed project located in a National Registered Historic District or does it involve a National [--]Yes ®No ❑NA Register listed or eligible property? Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina m. (i) Are there wetlands on the site? ®Yes ❑No (ii) 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) Coastal Welland and outer edge of marsh lines were determined by Land Management Group through site investigation and aerial photography. See Appendix A for details n. Describe existing wastewater treatment facilities. Onsite waste treatment o. Describe existing drinking water supply source. County water system p. Describe existing stone water management or treatment systems. Low density swales 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private pier, platform, and boat lift to allow water access to the Newport River. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction methods. Piling rig. No storage. d. List all development activities you propose. The applicant proposes installation of a fixed pier, platform, floating dock and two sling style boat lifts. The proposed pier will extend 164' waterward from the outer edge of the existing coastal wetland fringe. The established pier length for this shoreline is 164'. A 13'x17' fixed platform will extend east from the end of the pier. Two 12'xl2' sling type boatlifts will be placed along the western and eastern ends of the pier. Due to water depths surrounding the proposed platform, the applicant proposes to use sling style boatlifts that do not feature a cradle that could impact the bottom. The flat lift straps fit snugly against the hull of a boat without protruding deeper into the water. This will allow for the applicant to launch and retrieve his boat for a longer portion of the tide cycle without impacting the bottom. One 6'x20' floating dock is proposed on the northern portion of the platform with a 3'xl2' access ramp. The fixed pier will be constructed a minimum of 36" above the coastal wetland substrate as measured from the bottom of the decking as required. In order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer corners of the structure. There is no additional upland work proposed on the property. See Appendix A for details. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0 ®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. None. I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA IRSG If yes, will this discharged water be of the some salinity as the receiving water? []Yes []No ®NA 0 Application for Major Development Permit — February 2021 (, Jones Family Pier f-�H Newport, Carteret County, North Carolina �`3 j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. B. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 unfamiliar with 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Wiley and Olivia Jones Phone No. NA Address 6619 Wheeler Drive, Charlotte NC 28211 Name Shellbank, Inc. c/o Wiley Jones Phone No. NA Address 6619 Wheeler Drive, Charlotte NC 28211 Name Phone No. NA Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Stormwater permit SW8 880210, issued 3111/88, John Carson h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). it 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 Act. I understand that any permit issued in response to this application will allow project will be subject to the conditions and restrictions contained in the permit. The 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: February 2021 Print Name: Steve Morrison. Agent. Land Management Group Signature 5%W Mm14. Please indicate application attachments pertaining to your proposed project. _,\jS'D ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development �E8 91�2� ®DCM MP-4 Structures Information Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 4 2. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 164' (iv) Width 5_ (v) Floating ❑Yes ®No e. (i) Are Platforms included? EYes ❑No If yes: (ii) Number 2 (iii) Length 13y20 (iv) Width Z? titl (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 4 1. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 21' m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina El This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? []Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ®Yes []No If yes: Sling Style (ii) Number 2 (iii) Length 12' (iv) Width 12' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips') only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: no services, private pier only with 2 slino style boat lifts j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout I. (i) Will the facility be open to the general public? ❑Yes ®No 'GS\NJSO 5 1 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 ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (it) Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL _ []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina Fi Ggj `O FE9 �9.f1 Ci�\ 0 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovemment ❑Private/Communiity (ii) Number (iii) Length (iv) Width Note: Rooted areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. Ua rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (III Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the strucure(s): []Commercial ❑PubliGGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 7 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines T to western riparian line, 4' to eastern riparian line Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body -6715 e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. Navigation aids will not be required, but in order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer comers of the structure. b. Proximity of structure(s) to adjacent docking facilities. n/a d. Water depth at watenvard end of structure at NLW or NWL 1 T' & OTHER ❑This section not applicable a. Give complete description: February 2021 Ihvc Jones Family Pier Pnnru Aamc Wiley Jones Applicant Namc 44tV41 H*7n .ot+ Agent, Land Management Group Applicant Signatucc Application for Major Development Permit - February 2021 Jones Family Pier Newport, Carteret County, North Carolina ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (111112012) Applicant: Wiley Jones Date: 2/24/21 Project Site County: Carteret Staff: Brad Connell District: Elizabeth City Washington ®Morehead City []Wilmington Project Name: Jones dock Date of initial application submittal (EX: 1/8/2007): 2/11/21 Date application "received as complete" in the Field office (EX: 1/8/2007): 2/22/2021 Permit Authorization: ZCAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes No Photos Taken: Yes N No❑ Setback Required (riparian): OYes No Critical Habitat: Yes ❑No ®Not Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: ❑Yes NNo SAV: Yes No ❑Not Sure Shell Bottom: DgYes LjNo Lj Not Sure Temporary Impacts: ❑Yes NNo Sandbags: Yes NNo ❑ Not Sure Did the land use classification come from county LUP: NYes []No Mitigation Required (optional): ❑Yes []No Moratorium Conditions: Yes No [:]NA Environmental Assessment Done: ❑Yes ❑No N NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW) WETLANDSIMPACTED El (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) El (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Sclrpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE No fee required - $0.00 U III(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't 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 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 N I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 RECEIVED acre; 3490 can be applied; DCM needs DWQ agreement - $400 -- V J IVLI 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Jones Date: 3/11 /21 Describe 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 I New Work ® Replace 5' 209' Maint ❑ ❑ Y ON Platform 1 New Work Replace 13, 22' fixed Maint ❑ ❑ Y ON Boat Lifts 2 New Work ® Replace 12', 12' 12', 12' Maint ❑ ❑ Y ON Platform 1 New Work ® Replace g+ 20' (floating) Maint ❑ ❑ Y ® N RECEIVED FEB 0 9 2021 UCHWHD CITY revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Jones Date: 3/11/21 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 1513 ft2 1513 ft2 Coastal Wetlands Dredge ❑ Fill ❑ Both ❑ Other ® 250 ft2 250 ft2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED FEB p g 2021 DCM-MHD CITY 252-808-2808 :: 1-888.4RCOAST :: w .nccoastalmanaaement.net revised: 02/15110 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Wiley Jones LOCATION OF PROJECT SITE: The project is located adjacent to the Newport River at 152 Shell Bank Road near Newport, Carteret County. Latitude:34°46'34.99"N Longitude: 76°42'37.98"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 7/14/20 Was Applicant or Agent Present —Yes Photos Taken — Yes PROCESSING PROCEDURE: Application Received — cc: 2/22/21 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP —Rural with Services (B) AEC(s) Involved: PTA, EW, CW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — septic Planned -none (F) Type of Development: Existing — residential dwelling Planned - docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: (A) Coastal Wetlands 250 ftZ shaded (B) Open Water 1,513 ftZ incorp (E) Total Area Disturbed: 1,763 ftZ (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: None Project Summary: The applicant wishes to construct a docking facility within the Newport River for private use near Mill Creek. RECEIVED FEB 0 9 20ZI DCM-MHD CITY Field Investigation Report: Jones Page 2 Narrative Description: The property is located adjacent to the Newport River at 152 Shell Bank Road near Newport, Carteret County. This lot is currently developed with a residential dwelling. This property is located within the Hardesty Farms subdivision. The adjacent riparian properties are undeveloped. The elevation of the adjacent high ground of the parcel is approximately 8' above the normal high water level (NHL). Vegetation on the parcel mainly consists of lawn grasses and woody shrubs. There are Coastal Wetlands within the project area mainly consisting of Spartina alterni./lora. The parcel has 84' of continuous shoreline along the Newport River. Immediate offshore water depths adjacent to the parcel range from —0.5' to —1.6' normal low water. The subaqueous substrate is soft with shell. This proposal is not located near a Federal Channel. There is not a cultural resource in the project area. This waterbody is approximately 6,765' across at this location. These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation was not observed at this location. This area is open to shellfish harvest and is classified as SA; High Quality Waters. This parcel is within the White Oak River basin. Proposed Development: The applicant is proposing to construct a private docking facility within the Newport River, near Newport. The proposed development would take place adjacent to 152 Shell Bank Road, Carteret County. This proposal is for private use in a residential neighborhood. The applicant is proposing to construct a 2-slip docking facility. The proposed pier access would be 5' by 209' while traversing approximately 50' of Coastal Wetlands, before extending out into the Newport River 164' (as measured from the shoreline). The proposed pier would connect to a 13' by 22' fixed `L' platform. There would be two sling style boat lifts, 12' by 12' each, that would be on either side of the fixed platform. There would be an aluminum gangway leaving from the landward, or north, side of the `L' platform that would connect to an 8' by 20' floating platform. Anticipated Impacts: There is not a Federal Channel in the nearby vicinity of this proposed docking facility. However, the location of the proposed docking facility appears to encroach into a traditional commercial fishing vessel navigation route, adjacent to the upper most area that is open to shrimp trawling. Thusly, posing a hazard to that traditional navigation turn around route for these vessels. The proposed docking facility would usurp 1,763 square feet of Public Trust Area. Traditional marine construction methodology would be utilized during the construction of this project. Turbidity impacts are not anticipated during the construction activities in the Newport 4M. EIVED FEB 0 9 2021 Brad Connell March 11, 2021 MoreheadD( -MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 14 APPLICANT: Jones, Wiley PROJECT NAME: COUNTY: Carteret LOCATION OF PROJECT: 152 Shell Bank Rd, Newport DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-22-21 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE:Connell DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 3-14-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 5-8-21 EMAIL OUT DATE: 3-11-21 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: MHC FEE RECD: $250 Click or tap here to enter text. END OF NOTICE DATE: 4-15-21 DEED REC'D: Yes 150 DAY DEADLINE: t% Z STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM -Field Rep I Z ( %c- �o r DCM - LUP Consistency Determination �l Local Permit Officer i Corps of Engineers - Regulatory Branch b �j 1pa ` _ 0074 DWR-401 Section I' gj 2 �OZ(-T7rjTo DWR— Public Water Supply t U DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section u (ZI DMF — Habitat & Enhancement �Ill(1l y bl f ,1G' i DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce 3 h t h �" ROY COOPER Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: March 11, 2021 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Brad Connell MICHAEL S. REGAN BRAXTON C. DAVIS SUBJECT: Comments and Recommendations - CAMA Major Permit —Wiley Jones, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal incorporates 1,513 square feet of Public Trust Area. The proposal is not adjacent to a Federal Channel. These waters of the Newport River are open to shellfish harvest. This waterbody is not a Primary Nursery Area. The applicant is proposing to encroach into a traditional commercial vessel navigation route. This proposed navigation impact is in conflict with the General Use Standards found in 15A NCAC 07H .0208(a)(2)(G). The Morehead City District staff would recommend denying the proposed pier length due to impacts to traditional navigation within that area of the Newport River. CC: Roy Brownlow, DCM RECEIVED Nothing Compares. FEB 1119 2021 State of North Carolina I Environmental Quality I Coastal Management DCM-MHD CITY 400 Commerce Ave Morehead City, NC 28557 252 808 2808 1 KCRTr4 CAF%�L!t{r. March 11, 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) areaaa.bodnar a@NCD ENR.ao_v SUBJECT: CAMA /Dredge and Fd! Appdfcation Review Applicant: Jones, tWidey Project Location: 152 Shell Bank Rd, Newport Proposed Project:* Docking facility ROY COOPER. MIICHAEL S. REGAN Srorn r BRAXTON DAVIS ir_•ccrr akermJ,>,r.:nyr�7 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaar Bodnar at the address above by Apri18, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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 y 3-15-21 RECEIVED MAR 1 5 2021 101P SECTION MHD SCaaEHex&L�er:... I PaSae®cve+l Qu=Si)•ICaasetn9aiea� 127 Car�Oriiw:at, lG>gvC'YSe05 9397967315 NORTH CAROLINA ['r. rirunmewal ondri): March 11, 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) arena. bodnano)NCDENR.aov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Carteret County Project Location: 152 Shell Bank Rd, Newport Proposed Project: Docking Facility ROY COOPER Governor MICHAEL S. REGAN S'ecmlary BRAXTON DAVIS Dimclor. Division ofCoaval 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 April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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 S 3-12-21 State of North Carolina I Envimn ntal Qoality I Coastal Management 127 Cardinal Drive ExL, Wilmington. NC 28405 919 796 7215 MAR 1 5 2021 MP SECTION MHD Received: 03/25/2021 • ` State Historic Preservation Office ROY COOPER a3 n YwJ (iavemor ER 21-0746 MICHAEL S. REGAN Due: 4/5/2021 &Canary BRAXTON DAVIS NORTH CAROL-Nh Dna mr, Division rf('nasm! Lnrmwmr+uai Ou✓!ni Manogemem March 11, 2021 NC - SBA 3/29/2021 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) g regg. b od n a r(cD N C D E N R.g ov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Jones, Wiley Project Location: 152 Shell Bank Rd, Newport Proposed Project: Docking facility 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 April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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 Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE V A P A 6 2021 DATE 4/6/2021 MP SECTION @AHD State ofNoM Carolina I Environmental Quality i Coastal Management 127 Cardinal Drive Fat., Wilmington, NC 28405 919796 7215 NORTH CAROL NA Eavrl nmrneil 0,uho March 11, 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) aregg. bod nar cD NCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Wiley Jones - Carteret County Project Location: 152 Shell Bank Rd, Newport Proposed Project: Docking Facility ROY COOPER Governor MICHAEL S. REGAN &e m.ry BRAXTON DAVIS Obccloq Division pj(bnslol Mnnagemenl 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 April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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 Shannon Myers NCDMF- Shellfish Sanitation and Recreational Water Quality AGENCY &VWWL tm for Shannon Jenkins SIGNATURE DATE 4/5/2021 RECEIVED APR 6 2021 State of North Carolina I Environmental Quality I Coastal Management ytI �,QO°�'B Fl �� 127 Cardinal Drive Et., Wilmington, NC 28405 919 796 7215 rat Ctli tltl SECTION M NORTH CAROLINA ,.cr7rmvnn;wl Ona ;n March 11, 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(e. NCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Carteret County Project Location: 152 Shell Bank Rd, Newport Proposed Project: Docking Facility ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Diraion ofC..1a1 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 April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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. X 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 James Harrison AGENCY NCDMF SIGNATURE LI4&w 9Yiri2.2rada. DATE 8 April 2021 State of North Carolina I Environmental Qmliry I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 o APR 9 2021 P0P SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary JOHN G. BATHERSON Acdny Dfrecfor MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Wiley Jones, Carteret County DATE: 8 April 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 at 152 Shell Bank Road near Newport, Carteret County, North Carolina. The applicant is proposing to construct a two -slip docking facility, consisting of a 5' by 209' access pier, a 13' by 22' fixed "L" platform, an 8' by 20' floating platform, and two 12' by 12' sling -style boat lifts. Waters at this location have been classified as SA; HQW, and are open to shellfish harvest. The location of the proposed structure is in extremely close proximity to the end of the Newport shrimp line, and many shrimping vessels utilize this area as a turnaround. DMF has concerns that the proposed structure may encroach into this line, resulting in a navigational hazard to these vessels. However, the application notes that the applicant has proposed to include the placement of reflectors on the outer corners of the structure in order to enhance visibility for passing vessels. DMF would recommend that, in addition to the corners, reflective materials be included at the lifts, as well as along the waterward side of the terminal platform. This will ensure visibility of a larger portion of the structure, as opposed to just the corners. DMF also has concerns with the proposed floating dock. In this area, it is recommended that water depths are at least three feet normal water line (NWL) for use of a floating dock in waters with sandy bottom, and four feet NWL for waters with shell bottom. Positioning these structures in sufficient depths is critical in order to protect the bottom from disturbance, which in turn minimizes the likelihood of increased turbidity, impacts to benthos, and potential damage to the structure. Per the site plans, the depths at the proposed floating platform are only 13 inches. Because sufficient water depths cannot be achieved at this location, and because there was not a clear purpose and need for the floating platform to be included, DMF would recommend that this portion of the structure be removed from the design. RECEIVED APR 9 2021 State of North Cardin I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 NIP S3 ZCT:0 N MM D ^,r It was also noted in the field report that the subaqueous substrate is soft with shell. Therefore, prior to commencement of construction activities, a survey for shellfish should be conducted. Should any shellfish resources be observed, the plans should be adjusted in order to avoid impacts (i.e. altering positioning/spacing of piles to avoid placement in areas with shell bottom). If impacts cannot be avoided by design alteration, relocation of shellfish should be conducted in coordination with DMF. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at iames.harrisonOncdenr.go with any further questions or concerns. APR 9 2021 NqP SECTION MHD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 NOR I!'I OAROUNA unrirnnnxnta(Oueftp March 11, 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. bod nar(a)NCDENR.00v SUBJECT: CAMA /Dredge and Fill Application Review Applicant: P'rojecf Location Proposed Project: Jones, Wiley 152 Shell Bank Rd, Newport Docking facility ROY COOPER (invernor MICHAEL S. REGAN .S'ecrelary BRAXTON DAVIS Duealor, Division oJCoasml 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 April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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 Rachel Love-Adrick AGENCY. Division of Coastal Management RECEIVE® SIGNATURE APR 7 2021 DATE April 8, 2021 MP SECTION MH® State ofNovh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor DIONNE DELLI-GATTI Ser emry BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management SUBJECT: Major Permit Request by Wiley Jones DATE: April 8, 2021 APR 7 2021 Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The property is located adjacent to the Newport River at 152 Shell Bank Road near Newport, Carteret County. This lot is currently developed with a residential dwelling. This property is located within the Hardesty Farms subdivision. The adjacent riparian properties are undeveloped. The elevation of the adjacent high ground of the parcel is approximately 8' above the normal high water level (NHL). Vegetation on the parcel mainly consists of lawn grasses and woody shrubs. The parcel has 84' of continuous shoreline along the Newport River. Immediate offshore water depths adjacent to the parcel range from —0.5' to —1.6' normal low water. The subaqueous substrate is soft with shell. Areas of Environmental Concern (AECs) in the project area are Estuarine Waters, Public Trust Areas, Coastal Wetlands, and Estuarine Shoreline. The project is located adjacent to the Newport River. The waterbody is classified as SA; HQW; Nutrient Sensitive Waters, is not a Primary Nursery Area and is open shellfish harvest. There are Coastal Wetlands within the project area mainly consisting of Spartina alterniflora. Submerged aquatic vegetation was not observed. This proposal is not located near a Federal Channel. There is not a cultural resource in the project area. The applicant is proposing to construct a 2-slip private docking facility. The proposed pier access would be 5'•by, 209'�while traversing approximately 50' of Coastal Wetlands, before extending out into the Newport River 164' (as measured from the shoreline). The proposed pier would connect to a 13' by 22' fixed 'L' platform. There would be two sling style boat lifts, 12' by 12' each, that would be on either side of the fixed platform. There would be an aluminum gangway leaving from the landward, or north, side of the 'I! platform that would connect to an 8' by 20' floating platform. North Carolina Department of Environmental Quality 1 Division of Coastal Management D_E Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Anticipated impacts There is not a Federal Channel in the nearby vicinity of this proposed docking facility. However, the location of the proposed docking facility appears to encroach into a traditional commercial fishing vessel navigation route, adjacent to the uppermost area that is open to shrimp trawling. Thusly, posing a hazard to that traditional navigation turn around route for these vessels. The proposed docking facility would usurp 1,763 square feet of Public Trust Area. Traditional marine construction methodology would be utilized during the construction of this project. Turbidity impacts are not anticipated during the construction activities in the Newport River. Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Rural with Services and Conservation due to the sites location in AECs. The following LUP policies are applicable to this request: Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: 1. Carteret County 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. APR 7 2021 MP SECTION MH® North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Harrison, James A Sent: Monday, June 7, 2021 9:24 AM To: Bodnar, Gregg; Snider, Holley; Hair, Sarah E CIV CESAW CESAD (US); Dunn, Maria T. Subject: Re: Wiley Jones Good morning Gregg, DMF would be amenable to allowing this shift in location of the structure based on the information provided. This allowance would mainly depend on the potential presence of significant quantities of actively growing shellfish within the footprint. If it's just shell structure and no actively growing species (or just a few individuals/clusters), DMF will not have significant concerns with the proposed condition. There is the possibility that, if there are small clusters or singles growing, these could be relocated or avoided in the final design (i.e. positioning piles away from observed shellfish). Thanks Gregg! Jimmy Jimmy Harrison Habitat and Enka ncement Section NC Division of Marine ris6eries james.barrison@ncclenr.Qov r 252-948-3835 (Office) 757-272-323a (Mo6ile - Preferred) f) Email correspondence to andfrom this address is subject to the North Carolina Public Records Lair and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, June 4, 2021 12:16 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: Wiley Jones No. This will be done via permit condition(s). The agent is not very pleased of the DCM determination at this time. Further calculations is about a 21 foot reduction in overall length to get it to the green similar pier line. Gregg From: Snider, Holley <holley.snider@ncdenr.gov> Sent: Friday, June 4, 2021 12:08 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: Wiley Jones Gregg, Has the applicant submitted a revised plan drawing for review? Thanks, Holley Snider ...• ,><(u(°>•'-'.. ..><((((°>.•' Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 Ntxari+rM^n� nmmnae rcnmmlai OUNlry 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the. North Carolina Public Records Law and may be disclosed to third parties From: Bodnar, Gregg <ereaa.bodnar@ncdenr.gov_> Sent: Friday, June 4, 2021 11:58 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Snider, Holley <holley.snider@ncdenr.zov>; Harrison, lames A <James.Harrison@ncdenr.go_v>; Dunn, Maria T. <maria.dunn@ncwildlife.orz> Subject: Wiley Jones Hey all, DCM has made a similar pier call that will pull the proposed pier back some to the green line indicated above to limit interference with the historical and established use of the area. Standard lighting and marking of the pier will also be conditioned. At this time it is unknown if the applicant will request dredging in the future. Distances (red lines) are 164ft off marsh and 195ft off terminus of eastern bulkhead. Let me know if this changes any comments and please let me know of any comments forthcoming. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Qualky 252 BOB 2808 eat 215 (Office) Vim¢ Bodnar,@ncd._ devr.gov Email eotrespondeace to arrdf vm this address is Subject to the North CoroNna pabtirRecards Low and may bedWosed to third potties, Bodnar, Gregg From: Harrison, James A Sent: Wednesday, March 31, 2021 9:46 AM To: Bodnar, Gregg Subject: Re: Wiley Jones Morning Gregg, It appears that construction of the structure, as proposed, could result in negative navigational impacts to the shrimp trawl vessels that have historically utilized the channel in this area. As proposed, I'd likely would've recommended extending the structure into deeper water in order to minimize impacts to bottom and to achieve water depths typically recommended by DMF. However, extending the structure farther into the channel would result in navigational impacts to fishery vessels that have historically utilized this area. And adjusting the plans to shorten the structure would result in the structure being placed in shallower waters, outside of what DMF would recommend and likely too shallow to be used by the applicant. Thanks Gregg! Jimmy ,Jimmy Harrison Habitat and Enhancement Section NC Division of Marine Fisheries ja mes.ha rrison@ncdenni�ov 252-9+8-3835 (Office) 757-2-72-3250 (Mo6ile - Preferred) Email correspondence to and from this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, March 31, 20219:09 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: Wiley Jones Morning Jimmy, I wanted to ask you about this one and any potential for user impacts/navigation of the historical channel for any commercial fishing interests. ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS aaim:a-awns March 11.2021 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) 9re9a. bod nar(@NCD ENR.00v SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Jones, Wiley Project Location: 152 Shell Bank Rd, Newport Proposed Project: Docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre44 Bodnar at the address above by April 8, 2021: If you have any questions regarding the proposed project, contact Brad Connell 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 WQim11d6 d-tLtkL 1�� SIGNATURE t'A 62), "A.a rd DATE State oM.,th Carolina I Env romnemal Quality r Comoul . Management 127 Cardinal Drive En. Wilmington. NC 28405 919 796 7215 APR 1 9 2021 DocuSig2 Envelope ID: 58DOBCBC-5E1 E44B7-91 BA-E581 AA66D6B ROY COOPER Coventor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Dlrecear Wiley Jones 6619 Wheeler Drive Charlotte, NC 28211 NORTH CAROLINA Environmental QualNy May 9, 2021 DWR q 2021-0567 Carteret County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 152 Shell Bank Drive —Newport River Dear Mr. Jones: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) March 11, 2021. The application proposes to construct a docking facility consisting of a fixed access pier with platform and sling style boatlifts to provide dockage for two (2) vessels. The proposed project is located within the Newport River which are class SA;HQW waters by the DWR. This certification is associated with the use of the General Permit(s) 198000291 or 197800056 once issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream N/A N/A 404/401 Wetlands 0.005 acres of N/A shading (250 sq.ft.) D�Q�� North Carolina Departmem of Environmental Quality I Division of Water Res j" 8 2021 Wilmington Regional office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.7%.7215 LIP SIECTI®N fIP IAD DocuSign Envelope ID: 580OBCBC-5E1E-44B7-91BA-E581AA66D6B4 t Jones-152 Shellbank Rd. DWR# 202100567 Page 2 of 3 Open Waters 0.03 acres N/A incorporated (1,513 sq.ft.) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)], wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919 4 1 3 3N b20 tfp S!a-,C'T9®w M"1D DocuSign Envelope ID: 58DOBCBC-5E1E-44B7-91BA-E581AA66D694 Jones-152 Shellbank Rd. DWR# 202100567 Page 3 of 3 One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: 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 Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215, Hollev.Snider(Dncdenr.gov you have any questions or concerns. Sincerely, DocuSlgmd by: CV 6VLUA Sapn.C�t, A)Ai" E3ABWAUDW4.:. Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Enclosures: GC4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC Greg Finch, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO JUN 8 2021 Bodnar, Gregg From: Snider, Holley Sent: Monday, June 7, 2021 8:54 AM To: Harrison, James A; Bodnar, Gregg; Hair, Sarah E CIV CESAW CESAD (US); Dunn, Maria T. Subject: RE: Wiley Jones Attachments: 20210567_152 Shell Bank Rd -Carteret co_May.2021.pdf; 20210567 Ver 1_CAMA Appl ication_20210311.pdf Good morning All, The DWR issued an approval letter for the docking facility based on the attached workplan drawing. Based on the information provided by DCM the permit will be conditioned to reduce the length of the proposed docking facility based on navigation concerns and historical shrimp trawling in the adjacent area. The DWR supports this recommendation based on the established shellfishing resources and historical commercial use. However the DWR has concerns that the reduced length would place the proposed boat slips in water depths less than one foot at MLW. Is there a proposed length for the new facility? Has an updated workplan drawing been requested from the applicant that shows the reduced pier length? Thanks in advance. Sincerely, Holley Snider...:. ,><((((°>.,_... ..><((((°>..'- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910)796-7304 nnm�+r.,waur,nQ E Oapnlmap�oe 61V��WITC91al0uall� 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Friday, June 4, 2021 1:39 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Re: Wiley Jones Hey Gregg, Thanks for the update. I think water depths are still the biggest concern for me, especially if there are shellfish resources at this site. Will this have any effect on water depths for the design elements? Last I saw was 15-17 inches where the sling lifts would go and 13 inches under the floating platform (if that's still included in the design). Thanks! Jimmy iirnin Harrison Habitat and Enhancement Section NC Division of Marine Fisheries James.harrison@ncdenr.gov 252-948-5855 (Office) 757-272-5Z50 (Mobile - Freferred) Email correspondence to and from this address is subject to the North Carolina Public Records Lau, and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnarPncdenr.gov> Sent: Friday, June 4, 2021 12:16 PM To: Snider, Holley <hollev.snider( ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn6@ncwildlife.ore> Subject: RE: Wiley Jones No. This will be done via permit condition(s). The agent is not very pleased of the DCM determination at this time. Further calculations is about a 21 foot reduction in overall length to get it to the green similar pier line. Gregg From: Snider, Holley <hollev.snider(ancdenr.gov> Sent: Friday, June 4, 2021 12:08 PM To: Bodnar, Gregg <gregg.bodnar(@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair(ausace.armv.mil>; Harrison, James A <James.Harrison to) ncdenr.eov>; Dunn, Maria T. <maria.dunnPncwildlife.ore> Subject: RE: Wiley Jones Gregg, Has the applicant submitted a revised plan drawing for review? Thanks, Holley Snider .." ' • ,><((((°>.......... ><((((°>..'_ Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 OYp� g'_OR10 rJ1A9r.+kn� 11111EM1, 01 MnvmgneMal Ouai� 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Bodnar, Gregg <grese.bodnarPncdenr.eov> Sent: Friday, June 4, 2021 11:58 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.HairPusace.armv.mil>; Snider, Holley <hollev.snider(Mncdenr.gov>; Harrison, James A <James.HarrisonCo)ncdenr.gov>; Dunn, Maria T. <maria.dunn(CDncwildlife.ore> Subject: Wiley Jones Hey all, DCM has made a similar pier call that will pull the proposed pier back some to the green line indicated above to limit interference with the historical and established use of the area. Standard lighting and marking of the pier will also be conditioned. At this time it is unknown if the applicant will request dredging in the future. Distances (red lines) are 164ft off marsh and 195ft off terminus of eastern bulkhead. Let me know if this changes any comments and please let me know of any comments forthcoming. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2808 east 21S (Office) ftM.WIMt@nodqqr. v Email correspomkom to and from this address Is subject to the North Carolina Public Records taw and maybe disclosed to third parties. Bodnar, Gregg From: Dunn, Maria T. Sent: Tuesday, June 15, 2021 6:53 AM To: Bodnar, Gregg Subject: RE: Wiley Jones Gregg, These depths are better and would help to minimize concerns with chronic bottom disturbance from having slips and vessel ingress and egress in shallow waters. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 www.ncwiIdlife.org 1-mail correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, June 9, 2021 1:35 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: Wiley Jones Hey all, See above for additional depth data and my correspondence to Steve Morrison about the DCM decision. Basically the depths provided on the workplans are in NAVD88 and not NLW/NHW as indicated on the side view. There is a note on the workplans identifying NAVD88. Depths are actually -1.5 to -2.0 at NLW at the location of the adjusted pier end. Thanks and let me know if this changes any comments or if you have not provided any let me know. I have already spoken to Jimmy before these depths were provided and this only improves things to further reduce concern. Thanks as always, Gregg From: Snider, Holley <hollev.snider@ncdenr.gov> Sent: Friday, June 4, 2021 12:08 PM To: Bodnar, Gregg <gregR.bodnar@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.ora> Subject: RE: Wiley Jones Gregg, Has the applicant submitted a revised plan drawing for review? Thanks, Holley Snider ... .><((((°>.......... ><((((°>.•'- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 Cayawregrta of [nre,onmrntal UuaO� 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Bodnar, Gregg <gregg.bodnar@ncdenr.Rov> Sent: Friday, June 4, 202111:58 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; Snider, Holley <holley.snider@ncdenr.gov>; Harrison, James A <James.Harrison @ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Wiley Jones Hey all, DCM has made a similar pier call that will pull the proposed pier back some to the green line indicated above to limit interference with the historical and established use of the area. Standard lighting and marking of the pier will also be conditioned. At this time it is unknown if the applicant will request dredging in the future. Distances (red lines) are 164ft off marsh and 195ft off terminus of eastern bulkhead. Let me know if this changes any comments and please let me know of any comments forthcoming. Thanks, Gregg REQ Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BBB 28M ext 215 (Office) GM%Wnar0ncdenr.Ftov Email correspondence to and Jrom this address is subJect to the North Coming Public Retards Law and may be dhdosed to third parties. Bodnar, Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, July 6, 2021 9:34 AM To: Bodnar, Gregg Subject: RE: [External] RE: Wiley Jones CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. Sure ... its SAW-2021-00527 From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, July 6, 20219:31 AM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Wiley Jones OK, so can you remind me of the SAW number then I can issue asap. Thanks, Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil> Sent: Tuesday, July 6, 20219:29 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.Rov> Subject: [External] RE: Wiley Jones CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hey Gregg, I'm just waiting on the conditioned CAMA authorization, so I can reference it in our letter to the permittee. We have no other special conditions to add to our GP 56. Liz From: Bodnar, Gregg <greRP.bodnarPncdenr.Rov> Sent: Tuesday, July 6, 20219:17 AM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil> Subject: [Non-DoD Source] Wiley Jones Hey Liz, The 150 on this one is 7/22 and I may be off on leave that week. So let me know if you have a timeline for a final decision. Thanks, Gregg 4.,r,.C�, . Gregg FinaH carespondeace to ond6arn this address is subject to the North Carolina Public Records tow and may bedhdoaed to third parties. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 July 15, 2021 Regulatory Division Action ID No. SAW-2021-00527, General Permit No. 197800056 Jones Family Irrevocable Trust 6619 Wheeler Drive Charlotte, North Carolina 28211 land.man@iuno.com Mr. Wiley Jones, Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a new docking facility at 152 Shell Bank Road, along the Newport River in Newport, 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 plans revised per the enclosed CAMA permit number 83-21, dated July 6, 2021, the enclosed general conditions, and Manatee Guidelines. 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. RECEIVED JUL 2 0 2021 P SECTION MHD -z- Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, email address: sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: CAMA Permit GP 56 conditions Manatee Guidelines Electronic Copy Furnished (w/enclosures): Land Management Group; Mr. Steve Morrison Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Mr. Jonathan Howell/Mr. Gregg Bodnar NC DEQ/DCM; Ms. Madeline Keefe NCDEQ/DWR; Ms. Holly Snider RECEIVED JUL 2 0 2021 PrbF�' S ECTION MHID DCM Coordinator: Permit #: Cq 5 "Z Permittee:AlP� t I t Agents: CAA. V44.1vl DCM Field Offices Elizabeth City Morehead City( US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: MAILING DISTRIBUTION SHEET Washington (with revised work plan drawings) Wilmington (OBJECTIONS ) 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) Greg Cur KBrunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental. Review@ncdcr.gov afi Heidi Cox (WIRO) Clif Whitfield (WARO)� Kim Harding / David Harris Shannon Jenkins / Sharon Gupto Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan/ Jimmy Harrison / VC Pi Ilinge O1Ma ti - 401Thorpe-Stor rater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Fjyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider 01 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (N OT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO� Natural Heritage Program Rodney Butler LPO: (NCDOT) Travis Wilson ROY COOPER Governor DIONNE DELLI-GATTI secretory BRAXTON DAVIS D6ecior NORTH CAROLINA Environmental Quahity May 10, 2021 Land Management Group Steve Morrison (sorrison@lmgroup.net) Greg Finch (gfmch@hngroup.net) Dear Sirs, This letter is in reference to the application submitted for Wiley Jones, for a Coastal Area Management Act Major Permit to undertake development activities to construct a family docking facility, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 22, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City D_E North Carolina Department of EnAnxmetdal Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, May 10, 2021 8:35 AM To: Morrison, Stephen; Greg Finch Cc: Connell, Brad Subject: Wiley Jones Extension Attachments: Wiley Jones EXT.pdf Morning all, Please see above for the extension for Mr. Jones. Still waiting on WRC, USACE and 401. Thanks, Gregg xrn,• cvrq a� E Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 Bog 28M ext 21S (Office) Gremt.Bodnar@ncdgnr.Kov Email correspondence to and from this address is subject to the North caralka Public Records Law and may be disclosed to third parties. 1 Bodnar, Gre From: Snider, Holley Sent: Monday, June 7, 2021 8:54 AM To: Harrison, James A; Bodnar, Gregg; Hair, Sarah E CIV CESAW CESAD (US); Dunn, Maria T. Subject: RE: Wiley Jones Attachments: 20210567_152 Shell Bank Rd -Carteret co_May.2021.pdf; 20210567 Ver 1_CAMA Appl ication_20210311.pdf Good morning All, The DWR issued an approval letter for the docking facility based on the attached workplan drawing. Based on the information provided by DCM the permit will be conditioned to reduce the length of the proposed docking facility based on navigation concerns and historical shrimp trawling in the adjacent area. The DWR supports this recommendation based on the established shellfishing resources and historical commercial use. However the DWR has concerns that the reduced length would place the proposed boat slips in water depths less than one foot at MI-W. Is there a proposed length for the new facility? Has an updated workplan drawing been requested from the applicant that shows the reduced pier length? Thanks in advance. Sincerely, Holley Snider.- .......... Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 Ar�� Opp,Mnon� E� Mtaxmcnfal 0aallry 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Friday, June 4, 2021 1:39 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Ha!r@usace.army.mil>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Re: Wiley Jones Hey Gregg, Thanks for the update. I think water depths are still the biggest concern for me, especially if there are shellfish resources at this site. Will this have any effect on water depths for the design elements? Last I saw was 15-17 inches where the sling lifts would go and 13 inches under the floating platform (if that's still included in the design). Thanks! Jimmy '-'Doculgn Envelope ID: 58DOBCBC-5E1E-44B7-91BA-E581AA66D6B- ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Wiley Jones 6619 Wheeler Drive Charlotte, NC 28211 NORTH CAROLINA Environmental Quality May 9, 2021 RECEIVE® JUN 7 2021 P SECTION MHD DWR #i 2021-0567 Carteret County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 152 Shell Bank Drive — Newport River Dear Mr. Jones: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) March 11, 2021. The application proposes to construct a docking facility consisting of a fixed access pier with platform and sling style boatlifts to provide dockage for two (2) vessels. The proposed project is located within the Newport River which are class SA;HQW waters by the DWR. This certification is associated with the use of the General Permit(s) 198000291 or 197800056 once issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream N/A N/A 404/401 Wetlands 0.005 acres of N/A shading (250 sq.ft.) �FQ North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 DocuSign Envelope ID: 58DOBCBC-5EtE-44B7-91BA-E581AA66D6B4 Jones-152 Shellbank Rd. DWRti 202100567 Page 2 of 3 Open Waters 0.03 acres N/A incorporated (1,513 sq.ft.) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 028.0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC O2B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. RECEIVau JUN 1 2021 PAP SECTION MHD ;. - bocuSigig n Envelope ID: 58DOBCBC-5E1E-44B7-918A-E561AA66D6B4 Jones-152 Shellbank Rd. D W R# 202100567 Page 3 of 3 One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: 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 Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215, Hollev.Snider@ncdenr.aov you have any questions or concerns. Sincerely, EK oocusienaeey: 6nV a. SaLt,C� dim EBABAMUDC436... Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Enclosures: GC4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC Greg Finch, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO JUN 7 2021 PAP SECTi®N MHD ,Jimmy Harrison Ha6itat and Fn6ancement Section NC.Division of Marine ris6eries mes.6arriaon@ncdenr 252-948-3835 (Office) 757-272-3250 (Mo6i)e - Preferred) Email correspondence to and from this address is subject to the North Carolina Public Records Lam and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, June 4, 2021 12:16 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.HairP usace.armv.mil>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn ncwildlife.org> Subject: RE: Wiley Jones No. This will be done via permit condition(s). The agent is not very pleased of the DCM determination at this time. Further calculations is about a 21 foot reduction in overall length to get it to the green similar pier line. Gregg From: Snider, Holley <hollev.snider@ncdenr.gov> Sent: Friday, June 4, 2021 12:08 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; Harrison, James A <James.HarrisonCnlncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: Wiley Jones Gregg, Has the applicant submitted a revised plan drawing for review? Thanks, Holley Snider .-' ,><((((°>•'-'•.,,..><(((l°>,.' Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 wrnni rssazi �DWE C� 4 �durcWlOiM\ /- 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, June 4, 202111:58 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; Snider, Holley <hollev.snider6@ncdenr.eov>; Harrison, James A <James.Harrison@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Wiley Jones Hey all, DCM has made a similar pier call that will pull the proposed pier back some to the green line indicated above to limit interference with the historical and established use of the area. Standard lighting and marking of the pierwill also be conditioned. At this time it is unknown if the applicant will request dredging in the future. Distances (red lines) are 164ft off marsh and 195ft off terminus of eastern bulkhead. Let me know if this changes any comments and please let me know of any comments forthcoming. Thanks, Gregg RE Q •3 s.i.•SJS�9 �•:1 ayaN'am d trc(aum+dl aYAj Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 806 2808 ext 21S (Office) Gre .Bodnar ncdem. Email conespomience to and from this address is subject to the North Carolina public Records Law and may be disda" to third parties. ,t MEMORANDUM TO: Gregg Bodnar FROM: Ashley Grandy DATE: 7 June 2021 SUBJECT: Mr. Ellis Kain Ross 816 McCotters Marina Road, Washington Beaufort County Mr. Cain Ellis Ross has submitted a CAMA Major Permit application for the installation of a bulkhead and approximately f3,552 ft2 of non -vegetative wetlands river bottom fill. Also included in his application is the proposed installation of a pier with platform, boathouse, boatlift and additional jet ski lift located at his property off SR#1134 at 816 McCotters Marina Rd. in Washington, Beaufort County, North Carolina. This office has reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in an Estuarine Water and Public Trust Area. It is staff s recommendation that the proposed project is consistent with 07H.0208 (6)(B) which states in part "The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet." Mr. Ross' proposal includes a 400ft2 platform and a 544ft2 boathouse making his total shading impact 944ft2 of his allowed 1184ft2. The project is also consistent with rules found in 15A NCAC 07H.0208 (7)(D)(i) which state in part, "the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads", (ii) "the bulkhead alignment extends no further below normal water level than necessary ....to align with adjacent bulkheads", (iii) "the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners", (iv) "the need for a bulkhead below normal water level is documented by the Division of Coastal Management". It is also staff's recommendation that the proposed project is consistent with 15A NCAC 07H .0209 (e) which states "The buffer requirements in paragraph (d) of this rule shall not apply to Coastal Shorelines where the EMC has adopted rules that contain buffer standards". If the proposed project is approved by the N.0 Division of Water Resources and the U.S. Army Corps of Engineers rules and regulations this office recommends issuance of the Permit with standard bulkhead permit conditions. Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, June 7, 2021 4:08 PM To: 'Stephen Morrison' Cc: Connell, Brad; Brownlow, Roy D Subject: Wiley Jones Attachments: Wiley Jones Reference Marks.jpg; Wiley Jones with overlayjpg Afternoon Steve, I have attached above a Google Earth Image with some reference marks that may help with the situation. After more discussions with staff it seems my overlay I sent previously was not very accurate. It is more of an art than a science and it looks like I need practice. When I removed the overlay the similar pier line determined by Roy did line up with the piers to the west. It also is approximately 164 feet from an edge of marsh as noted by the red line just to the west of the ramp/pier structure at the east property line. The second red line that is an extension of the bulkhead on the east side of the property is also a reference distance of approximately 195 feet from the terminal end of the bulkhead. I hope this new image will better define the location of the similar pier line. So I apologize that the overlay I tried to use to help describe the situation was not helpful. I tried my hand at the overlay again and the similar pier line is approximately 21 feet landward of the proposed pier length. So I was off by a factor of about 2 before, again my apologies. The property lines on the second picture are white and pink, and they line up fairly well now. I believe that I have resolved the issues with the resource agencies concerning the move landward as the floating dock and lifts would begin at the edge of the historic use (yellow line). Staff is planning on a site visit this week to verify depths past the yellow line and look for shellfish presence. If any shellfish is observed DMF has asked that it be moved if it is impacted by any pier pilings. Once we have exact distances and the depths are verified I will touch base again. Hope this helps, Gregg L4oertra..f d Gri«w+oni �� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BBB 28M ext 21S (Office) Grew,Wnar4bnqdenr.gov Email con apandenee to and Jrom this address Is subject to the North Carolina Public Records taw and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, May 21, 2021 12:44 PM To: Morrison, Stephen Subject: Wiley Jones Attachments: Jones, Wiley Overlay.kmz Afternoon Steve, Please see above for staff determinations on the location of the proposed docking facility for Wiley Jones. The attachment shows the project as proposed with additional details such as the edge of the historic channel and the pier line for nearby facilities over a similar shoreline. Due to the potential impact to historic use of the area DCM has determined that the proposed pier will be limited to the similar pier line (offshore green line). This will place the floating dock at approximately the edge of the channel (thick yellow line). This will limit any potential impacts with historic use of the area. In addition the lift and floating dock will be conditioned with stops to limit shallow bottom impacts. If the applicant wishes to request a dredge footprint for the docking facility after a permit was issued, that could be accomplished through a modification. I wanted to pass this along to give you a visual representation of staffs position. At this time I am still waiting on WRC, 401 and USACE. Let me know if you have any questions. Gregg V Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 80 208 ext 21S (Office) Grew-BodnarOncclenr. Email correspondence to andlronn this address is subject to the North Carolina PaNNo Records taw and maybe dhdased to third parties. F ntitled Maprite a description for your map. � Church Qi � Dare County Alternative High v Feature 1 O Feature 2 Q Feature 3 � ,� � Howard Reef o Ice Plant Island � Inn � 0°3> Line Measure �� F � � Manteo-Range I � Nursery Areas Roanoke Island Skate Park ."+ SETBACK 4 Google Earth )9mmoll "�ot4 � �'Z �'ow,o� Y� From: Connell Brad To: Bodnar, Grew Cc: Brownlow. Roy D; Weychert. Curtis R; Howell. Jonathan Subject: Water depths and site pits attached Date: Tuesday, June 8, 2021 1:20:26 PM Wpf3� a 5 �lc iA MmF�,- sort _.-ew Imoli ll s� r { A I f- Bodnar, Gregg From: Morrison, Stephen <smorrison@lmgroup.net> Sent: Friday, June 11, 2021 5:49 PM To: Bodnar, Gregg Cc: Connell, Brad; Brownlow, Roy D Subject: Re: [External] Re: Wiley Jones CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, Thanks for your response. Please give me the final approvable length of the pier from the outer edge of the marsh. Thanks. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email. smorrison(Olmaroup.net 1 Website: www.imaroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 On Fri, Jun 11, 2021 at 5:19 PM Bodnar, Gregg <Rregg.bodnar(@ncdenr.gov> wrote: Afternoon Steve, After discussions again with staff, the line depicted in my previous emails is the pier line that takes into account the documented and historic use of the area. In addition water depths are reasonable based on staff depth measurements. This is the line that the permit will be conditioned to. If the applicant wishes to appeal the permit then he has the right to do so. Regards, Gregg From: Morrison, Stephen <smorrison@lmgroup.net> Sent: Wednesday, June 9, 20213:38 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Connell, Brad <brad.connell(Wncdenr.gov>; Brownlow, Roy D <rov.brown lowna ncdenr.gov> Subject: [External] Re: Wiley Jones CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, Thanks for getting back to me. I have attached a Google Earth aerial on which I used their measurement tool to pull from the shoreline edge to the outer end of a partially destroyed pier a few lots down from the Wiley Jones property and got 164.98' The yellow line is the pulled distance. Please verify the same at your end. I believe this is the established pier length on this shoreline. As we have discussed regarding the traditional use by shrimp and crab trawlers on the east side of the marker plinings, there is no channel there with only a trawl -scarred bottom essentially flat as DCM and LMG soundings have shown and any boater whether commercial or recreational needs to avoid structures in the water whether a private pier or one of those marker pilings. My client would respect a permit condition for the placement of reflectors or similar items to further assist all boaters during low visibility conditions. Please verify that this is a reasonable approach. Thank you. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: smorrison(almproup.net I Website: www.lmproup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 On Wed, Jun 9, 2021 at 1:30 PM Bodnar, Gregg <gre¢e.bodnar@ncdenr.gov> wrote: Afternoon Steve, Further review of staff notes uncovered a site visit by Brad Connell on 7/14/20 (see above) where depth measurements were taken on site from the edge of marsh. Depths reference NLW and range in the area of the floating dock and sling lifts to be approximately -1.5 to -2.0 feet at NLW. This is different from the depths provided on the workplans, as they reference NAVD88, which differs from the on -site observational measurements of NLW/NHW. Therefore the Division is comfortable with the determination that the terminal end of the facility will be conditioned to the similar pier length line indicated on past emails, which is approximately 21 feet landward of the proposed facility length. Aerial calculations from the edge of marsh indicated on the proposed workplans place the terminal end of this revised pier approximately 140 feet from the edge of marsh. Based on the on -site depth measurements obtained by Brad Connell the depth is approximately -1.5 to -2 feet at NLW. I will provide this additional information and the DCM determination to the resource agencies so they have the most updated information and request any outstanding comments. Our 150 day is 7/22/21 and hope to have a final determination before then. rt Ft '� Thanks, Gregg O:MuiiLiY„�QE Q Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2808 ext 21S (Office) Gre na ncd nr. v Email comspondence to and Dram this address is subject to the North Carolina Public Records law and may be disclosed to third parties. 4LMG LAND MANAGEMENT GROUP a OA fff- company Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 Re: CAMA major permit application, proposed Jones family pier, 152 Shellbank Road, Newport, N.C. Dear Brad, On behalf of Wiley Jones, I am submitting a CAMA permit application for the construction of a private residential pier, platform and boadift to be located at 152 Shell Bank Road within the Hardesty Farms subdivision on the Newport River. There is currently a single-family residence on the property. No upland development or new impervious surfaces are proposed. The proposed pier will extend 164' waterward from the outer edge of the existing coastal wetland fringe. The established pier length for this shoreline is 164'. A 13'x17' fixed platform will extend east from the end of the pier. Two 12'xl2' sling type boatlifts will be placed along the western and eastern ends of the pier. One 8' x 20' floating dock is proposed on the northern portion of the platform with a 3' x 12' access ramp. The fixed pier will be constructed a minimum of 36" above the coastal wetland substrate as measured from the bottom of the decking as required. Our application materials reflect the water depths you had noted on site during our meeting on 7/14/20. We have also used the riparian corridor lines you have provided. As we have discussed previously, there is no deeper boat channel near the proposed pier. Water depths are consistently shallow hundreds of feet from shore. The waterbody width of the Newport River here is approximately 6,715'. No submerged aquatic vegetation (SAV) or oyster beds have been noted in the project area. The applicant proposes to use a sling type boatlift that does not feature a cradle that could impact the bottom. The flat lift straps fit snugly against the hull of a boat without protruding deeper into the water. This will allow for the applicant to launch and retrieve his boat for a longer portion of the tide cycle without impacting the bottom. In order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer corners of the structure. The adjacent riparian landowners have been notified and have indicated their non -objection to the project and waiver of the 15' riparian setbacks. Please contact me with any questions that you may have regarding this project. Thank you for your assistance. RECEIVED FEB 0 9 2021 1 www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0WM-MHD CITY 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Sincereh. Steve Morrison Environmental Consultant Encl: Application forms, drawings, deed copy, riparian notification forms, $250 application fee check to NCDEQ Cc: Wiley Jones RECENED FEB 0 9 2021 DCM-Mvg) CITY www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Application for CAMA Major Development Permit For: Jones Family Pier Newport, Carteret County, North Carolina Prepared By: Land Management Group 3805 Wrightsville Avenue Wilmington, North Carolina q.�E�E1VE� February 2021 0 9 Z�Z� FEB i7K 1�A.,W040 01V Contents 1. Form DCM-MP-1............................................................................... 2. Form DCM MP-4............................................................................... 3. DCM MP-1 Section 6.0 Additional Information ................................ 3.1 Section 6. a. Project Narrative .................................................. 3.1.1 Project Location and Existing Conditions .......................... 3.1.2 Proposed Action................................................................ Appendices Appendix A —Site Location Map and Work Plats Appendix B — Agent Authorization, Deed, Previous Permits, and Adjacent Riparian Waivers Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 5 Recs1VE1 FEB 0 4 2021 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is adjacent to the Newport River within the Hardesty Farms Subdivision (Lot 17) in Newport, Carteret County. There is a single-family residence currently located on the property. A Stormwater Permit #880210 was issued for Hardesty Farms in 1988. There are no other known permits associated with the property. There are no other piers or docking facilities currently located on the property. Normal High Water, Coastal Wetland, and outer edge of marsh lines were determined by Land Management Group through site investigation and aerial photography. See Appendix A for details. Waters in the project area are classified as SA HOW and are open to shellfishing. The area is not a primary nursery area. 3.1.2 Proposed Action The applicant proposes installation of a fixed pier, platform, floating dock and two sling style boat lifts. The proposed pier will extend 164' waterward from the outer edge of the existing coastal wetland fringe. The established pier length for this shoreline is 164'. A 13' x 17' fixed platform will extend east from the end of the pier. Two 12' x 12' sling type boatlifts will be placed along the western and eastern ends of the pier. Due to water depths surrounding the proposed platform, the applicant proposes to use sling style boatlifts that do not feature a cradle that could impact the bottom. The flat lift straps fit snugly against the hull of a boat without protruding deeper into the water. This will allow for the applicant to launch and retrieve his boat for a longer portion of the tide cycle without impacting the bottom. One 8' x 20' floating dock is proposed on the northern portion of the platform with a 3' x 12' access ramp. The fixed pier will be constructed a minimum of 36" above the coastal wetland substrate as measured from the bottom of the decking as required. In order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer corners of the structure. There is no additional upland work proposed on the property. See Appendix A for details. A scoping meeting was held at which Ms. Holly Snider of DWR was present. The date of the scoping meeting was December 11, 2020 and this project was discussed. This meeting met the requirements for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the Federal Clean Water Act. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. �eCEjVElD FE609ZO nC;t v"') <'XV Application for Major Development Permit — February 2022 Jones Family Pier Newport, Carteret County, North Carolina Appendix B — Agent Authorization, Deed, Previous Permits, and Adjacent Riparian Waivers ,keCeNe''D a S TO Fvn '�'� pGM MND G` ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to property located at Owner) I (Address, Lo Blobk Roa `etc. on /i/ZWoavt A iYty in 8rr fe ve� nAlll�r , N C. -' aterbod (W Y) (City/Town and/or C unty) The applicant has described to me, as shown below, the development proposed at the above location. -_ I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing) 6'Pe eae44 5'-, e WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) q* I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pro erty Owner I rrpation) - r Signa1ture Print or Type Name �o3G j„�1�,� IacJG�y l Mailing Address =Stalzip V3 Telephone Number J J--7-a20,za (Adjacent Property Owner Information) Telephone Number 3 -127- 2coz Date r (Revised 611812012) /%J 10_ 13,01 0 P l)yyi mil / "A r, F ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to property located at h (Address, Lot, on �PG/ea �. 3g,'y� V in C (Waterbody) (Name of Wroperty Owner) Al PU le t ck, Ro d, etc.) kivE.t— , N.C. (Cityffown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. _zy—_ I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) 5ooe attac4Pad 5'i4e d"w;y?s'. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner formation) Signature or Address -Ia Y•'5VI - IZYS To/ephc11a Number 3- Z2- 20 20 Date (Adjacent Pro e n r nfon l � vr�i►�',Hc. 0 or �uury nuwc> NC 7 ,2y Cit /state/Zi -�h��g� Ie/e one Number p 3-1I -zd,zo Date (Revised 611WCi2) ■ Complete Roma 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addreesecito: `\1 1-lA oo Cd�n a ►� f/lJr��.te, �.• fit U554 IIIIIIIIIIIIIIIIIIII IIII�IIIIIIIIIIIIIIIIII 9590 9402 6103 0209 9805 12 7018 1130 0001 7930 6649 1 PS Form 3511. July 2015 PSN 7530.02-000-0053 ■ Complete Items 1, 2, and 3. \g161x 1 ll-Aa ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If apace permits. '. Article Addressed to; QAs1 1 se^ 101IV.h AS S "lis"up'llott,0,� 0� c,WNAt IIIIIIiIIIIIIIIIIIIIIIII IIIIiIIIIIIIII IIIIIIII 9590 9402 5776 0003 9739 66 A Signature 13 Agent X 0 Acidrel S. Dritived"I AIW*G� 10 rl') D. Is delivery address different four ttem f? ❑ ,Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Expresee ❑ Adult Signature ❑ Reglalerod MelFu ❑ Adult Signature Restricted Delivery ❑ Rooletered Mall Restrloled t7 Certified Maim Dogve,y ❑ Coddled Mall Rosnlcurd Delivery ❑ Return nacolpt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Rostonled Dallvary 13 Signature Confirmation*• ❑ Inured Mxli ❑ Signature Confirmation ❑ Insured Mall Restricted Delivery Restricted Delivery A. Sign lire lk.11 X IN ? ewu.te no„nhn, marwh. /mm een,r,.a r.•,vu ❑ 7018 3090 0001 9313 7295 DD PS Form 3811, July 2015 PSN 7530-02-000.9053 A D. Is R Domestic Return Receipt O Agent ❑ Addresse I �j Df Dell or (loD, m Item 1? ❑ Yes below: ❑ No "7N" Adult Slgnaturo ❑ Priority Mall Express® ❑ Regleterad McIITM Adult glgwlum Restricted Delivery Cartigetl MNbfl ❑ Roopphtemtl Mall Reetrlcta Dopvery Certified Mall Restricted Delivery ❑ Return Receipt for Collect on Delivery Meichmldise C011e0t on Dollvery Restricted Delivery ❑ Signature Confmmation- Iruured Mall ❑ Signature Confirmation Insured Mall Restricted DBIMery Ree4lae ! Delivery ■ Complete Items 1, 2, and 3. f*Cl�jc�If� IA. LI ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, 11 B. B or on the from If space Dermlta. lvl9 \C\ w� � Or ii`�k �(, �_bl 1 IIIIIIIIIIIIIIII111IIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 5493 9249 5113 90 2. Article Number, ?rans/erhonf serNoalabel) 7018 3090 0001 9313 8209 910`\aS D. Is dells R YES, Domestic Return Receipt , vn �5 13 Agent ❑ Addressee �Nerne / C. D`tl pf D Ilg vary different Item 1? ❑ Yes sy address below: ❑ No 3. Service Type ❑ Priority Men Express® ECEIVED ❑Adult Slgneture ❑ Registered Malhe ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Registered Mall Restrloted Delivory ❑ Certified Marl Rostrioted Delivery ❑ collect on Delivery ❑ Return Ro relpt for �❑ ,,S 0 Memhandlcu o 0 9 ❑ Collect on Delivery Restricted Delivery L1 Signature Conflnnetlonm ❑ Insured Mall ❑ Signature Confirmation ❑ Insured Mall Restricted Delivery (over$5001 �sp� Restricted Delivery . pyll�� CITY PS Form 3811, July 2015 PSN 753D-02-000.9053 A r� ��� Domestic Return Receipt USPS Tracking® FAQs > Track Another Package Tracking Number: 70183090000193137295 Remove x Your item was delivered to an individual at the address at 1:06 pm on February 11, 2021 in CHARLOTTE, NC 28211. 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FEB 0 9 2021 Go to our FAQs section to find answers to your tracking questigMM-MHD CITY tLMG LAND MANAGEMENT GROUP a DAVEYI company February 9, 2021 SHELLBANK INC. 6619 WHEELER DRIVE CHARLOTTE, NC 28211 To Whom It May Concern: Jones Family Irrevocable Trust is applying for a CAMA Major Permit on their property located at 152 Shell Bank Road, Carteret County, North Carolina. The specifics of the proposed work involve the construction of a fixed pier and platform with 2 sling style lifts and a floating platform as depicted in Appendix A. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Brad Connell North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 We have received your signed riparian waiver stating no objection to the proposed project. However, DCM requires notification via certified mail and requests the green delivery confirmation card to begin processing any CAMA Major application. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at smorrison@lm¢roua.net Sincerely, eve Hom. u Steve Morrison, Agent Land Management Group Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 _Ecos'D ti0ti� F�0 �o OX 4LMG LAND MANAGEMENT GROUP a DJIW- company February 9, 2021 WILEY JONES / OLIVIA JONES 6619 WHEELER DRIVE CHARLOTTE, NC 28211 To Whom It May Concern: Jones Family Irrevocable Trust is applying for a CAMA Major Permit on their property located at 152 Shell Bank Road, Carteret County, North Carolina. The specifics of the proposed work involve the construction of a fixed pier and platform with 2 sling style lifts and a floating platform as depicted in Appendix A. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Brad Connell North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 We have received your signed riparian waiver stating no objection to the proposed project. However, DCM requires notification via certified mail and requests the green delivery confirmation card to begin processing any CAMA Major application. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at smorrison(a)lmeroup.net Sincerely, Steve Morrison, Agent Land Management Group Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ROY COOPER Oommor MICHAEL S. REGAN Secrelary BRAXTON C. DAVIS Coastal Management ENVIRONMENTAL OUALITV March 11, 2021 The Carteret News Times Legal Advertisement Section 5039 Executive Drive, Ste 300 Morehead City, NC 28557 Re: Public Notice — Wiley Jones Dear Sir: Please publish the attached Notice in the March 14, 2021 issue of The Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow Nothing Compares Smte ofNonh Carolina i Environmental Quality I Comm] Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 1' NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on February 22, 2021. According to said application, Mr. Wiley Jones proposes to construct a 2-slip docking facility within the Newport River, adjacent to 152 Shell Bank Road near Newport, Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to April 15, 2021, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: March 14, 2021 nothing Compares State of Nonh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T ROY COOPER Gnvernar MICHAEL S. REGAN Secrelary BRAXTON C. DAVIS Dimclor Coastal Management ENVIRONMENTAL OLIALITY February 24, 2021 Mr. Wiley Jones 6619 Wheeler Drive Charlotte, NC 28211 Dear Mr. Jones: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located adjacent to the Newport River at 152 Shell Bank Road near Newport, Carteret County. It was received on February 22, 2021, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 4, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 22, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right- of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED Nothing Compares.` FEB 0 9 2021 State of North Carolina I Environmental Quality I Coastal Management ��;M-I`WD 400 Commerce Ave I Morehead City, NC 28557 CITY 252 808 2808 T Jones Page 2 of 2 2/24/21 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, &4d &Oft B Brad Connell Coastal Management Representative BC Enclosure CC: Roy Brownlow, District Manager Gregg Bodnar, Asst. Major Permits Coordinator Steve Morrison, Land Management Group RECEIVED FEB 0 9 2021 —:"Nothing Compares H T/ State of North Carolina Quality CoasW Management Environmental DCIVI-11AWf� CITY i 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 i N0T1(0*'$17j AMA PERMIT APPLIED F R PROJECT: Construction of a 2-slip docking facility adjacent to 152 Shell Bank Road within the Newport River. COMMENTS ACCEPTED THROUGH APPLICANT: Mr. Wiley Jones 6619 Wheeler Drive Charlotte, NC 28211 M 0 March 31, 2021 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Brad Connell - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 ext. 214 Bodnar, Gregg From: Brownlow, Roy Sent: Wednesday, March 17, 2021 10:13 AM To: Bodnar, Gregg Cc: Howell, Jonathan Subject: FW: [External] NOTICE posted at 152 Shell Bank Road right of way March 17, 2021 am. fyi W'� �o-cS From: Wiley Jones <land.man@juno.com> Sent: Wednesday, March 17, 2021 10:05 AM To: Wiley Jones Mob <land.man@juno.com>; Steve Morrison <smorrison@Imgroup.net>; Andy Dortch <adortch@lmgroup.net>; Connell, Brad <brad.connell@ncdenr.gov>; Brownlow, Roy <roy.brownlow@ncdenr.gov>; Wiley Trey <gopack95@yahoo.com> Subject: [External] NOTICE posted at 152 Shell Bank Road right of way March 17, 2021 am. CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.aov> NORTH CAROLINA CARTERET COUNTY This Instrument and N praflcale m duly sled at the data and ame In nd Pape sl o on an Mal papa he oro..e. er A� G1iiY. RidRIM Dwb WARRANTY DEED FIE 111713 ,. 1hG1S M111N1 WGISMR N tAX 1: L4= Cu foil Cmrl W Februiry 06, 2014 61915 PM LOL DEED 2 P er fib W NC BEVENJE 5TPIP: 160 00 FILE t U71 PREPARED aY: RESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CrTY, NC 28557 J RETURN TO: 6ESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 STATE OF NORTH CAROLINA Excise Tax:$ L l[O.Op COUNTY OF CARTERET Parcel # 6388.04.71.3503.000 THIS WARRANTY DEED made and entered into this 23n° day of January, 2014, by and between: Shellbank,Inc. 6619 Wheeler Drive Charlotte, NC 28211 (GRANTOR) and Alicia Jones Casey and Wiley W. Jones, III, Co -Trustees for the Jones Family Irrevocable Trust, Dated February 25, 1999 6619 Wheeler Drive Charlotte, NC 28211 (GRANTEE) The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successor: and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in MOREHEAD TOWNSHIP, CARTERET COUNTY, North Carolina and more particularly described as follows: Being all of Lot Seventeen (17), Hardesty Farms, Section I, as shown on a map recorded in Map Book 26, Page 9, Carteret County Registry, and as amended in Map Book 26, Page 76, Carteret County Registry. BOOK PAGE aoa ti0ti� This property is NOT the primary residence of Grantor. BEING the same propertyconveyed to Grantors as recorded in Book 1362, at Page 326 of the Carteret County Registry. The above -described property is conveyed and accepted subject to such casements, restrictions and rights of way as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful clams of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year fast above written BY: (SEAL) Wiley Jones President: ShellbanK Inc. STATE OF NORTH CAROLINA COUNTY OF MEC.KLENBURG I, a Notary Public of the above county and state, do herebycertify that Wiley Jones, President of Shellbank, Inc., A North Carolina Corporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of said corporation. my hand and official seal this the 2P day January, 2014. a° K oy�,,, Notary Signature N� = My Commission Expires: 07-26-2017 pVBL�G ri GOOK 4D PAGES_ 0910ti� ON Maine Ad&w QkJ9 Y6gCM DM Q)ffV"AQ Mil Hnr Nm*o LQ§-IytA*l I A d Add w ItlGIDumbumG® 1 am* to I NArw soctwwd LMMLMEMMKLQMI& AOW I CWw to Act an my b~, for Vw pvpo w d Woyr5 kw wrW o _so CAMA pam+b nwrAry outgo' 0 1 par , dw wry wrt CdML•e...+tr, W awr rtn • w AI my praoeny kxoftd 10 1:2-VANVOkBaa i m So -Aryl Cor+ty / koww"" cwMy v%w I wrn Atirwred 1D gmnK UW do r !xf prw d parr se hi Dhow of cover INwpawwrt walr pw LaW Pw"w omk aro nwr boom to u-erw on A Abwswworwd I- ' n corrwcbm wAh erakaeM rrbrmkt Iwi&W b 1?" ' pwAw tpp�ero^ I Irgrny (l.wrr Iwlr�ad.w: i W,y�lJ• �ohe� pfw a rypa Al n rAb 1>_ }�0S\\JEO Cannon, Amanda J From: Connell, Brad Sent: Monday, February 22, 2021 1:37 PM To: Keefe, Madeline J; Cannon, Amanda J Subject: FW: [External] Jones Family Pier CAMA Major Application - 152 Shellbank Rd Attachments: CAMA Application - Jones Family Pier_152 Shell Bank.pdf Ladies, Has this major permit application package and check arrived to our office yet? Thank you, 141 Brad Connell Environmental Specialist II NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 http://portal.ncdenr.org/web/cm/dcm-home j252)204-4427 Brad. Cornell@ncdenr.pov M. � Nothiny Compares -, 0-��E`NJSo FE6 � 91p2\ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dortch, Andy [mailto:adortch@lmgroup.net] Sent: Tuesday, February 9, 2021 11:52 AM To: Connell, Brad <brad.connell@ncdenr.gov> Cc: Wiley Jones <gopack95@yahoo.com>; Wiley Jones <land.man@juno.com>; Steve Morrison <smorrison @ lmgroup. net>; Greg Finch <gfinch@lmgroup.net>; William Dortch <adortch@Imgroup.net> Subject: [External] Jones Family Pier CAMA Major Application - 152 Shellbank CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Greetings Brad, On behalf of Wiley Jones and Steve Morrison (agent), attached is a digital version of the CAMA Major application for the Jones Family Pier located at 152 Shell Bank Road in Carteret County. A hard copy with a fee check will be sent by certified mail this afternoon. Also included are signed adjacent riparian waivers. However, it is understood that green confirmation cards are also needed to process Major applications, so adjacent riparian notifications will also be sent by certified mail today and the green confirmation cards will be delivered upon arrival. Please let us know if you have any questions or need additional information to accept this application as complete. Thank you Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group Environmental Consultants 3805 Wrightsville Avenue Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP a DM/EYII. company 2 LMG LAND MANAGEMENT GROUP a OA A company 11/18/20 Cameron Weaver NCDEQ 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: Scoping meeting request, Jones Family Pier, 152 Shellbank Road, Newport, N.C. 28570 Dear Cameron, On behalf of Wiley Jones III, I would like to request a scoping meeting to discuss their proposed pier on the Newport River. The project site address is 152 Shellbank Road. The .42- acre lot has a single family residence. The Newport River here has a surface water classification of SA; HQW. The proposed 6'-wide pier will extend 164' from the outer edge of the coastal wetlands on the site (established pier length for shoreline) and feature a 13'x17' platform area and a 12'x12' boatlift. The platform will extend beyond the 15' riparian setback to the east. We have enclosed the Scoping Meeting Request Form, drawings depicting the proposed pier, signed Adjacent Riparian Property Owner Statements with both indicating non -objection to the proposed pier and waiving their 15' riparian setbacks. Please let me know when a scoping meeting can be scheduled. Thank you for your assistance. Sincerely, �i�6 //G�NLdD/L Steve Morrison Environmental Consultant Cc: Wiley Jones III www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 �EGSOSO 1 1,4ti� ®Grr M SIGN UP SHEET SCOPING MEETING Jones Family Pier Carteret County December 11, 2020 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7265 Cameron.WeaverAncdenr.gov X Maria Dunn NCWRC 252-948-3916 Maria.Dunn(a)ncwildlife.org Kim Harding DMF 252-264-3901 Kimberlee.Harding@,ncdenr.gov X Twyla Cheatwood NMFS 252-728-8758 Twyla.Cheatwood(a,noaa.gov Holley Snider DWR-401 910-796-7304 Holley. SniderAncdenr. gov Steve Morrison LMG 910-452-0001 SMorrison(a hrrgroumnet Wiley Jones Sr./Jr. Owners Land.man(a),iuno.com Kelly Johnson DEMLR-SW 910-796-7336 Ke11v.P.Johnsonna.ncdenr.gov X Kathy Matthews USFWS 919-856-4520 Kathryn Matthewsaa.fws.gov Jonathan Howell DCM 252-808-2808 Jonathan.Howell(amcdenr.gov Gregg Bodnar DCM 252-808-2808 Gregg.BodnarAncdenr.gov Brad Connell DCM 252-808-2808 Brad.Connell(&ncdenr.gov X Unavailable NCDEQ WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 5kSo ols® ti0ti1 GO GG� MAJOR PERMOpIT FEE MATRIX Applicant: Selection Development Type Fee DCM % DWQ % (14300 1601435100093 1626 6253) (2430016024351000952341) 1. Private, non-commercial development that does not $250 1000z'o($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or P0 excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: Private, non - El ercial development, if $250 100%($250) 0%($0) ral Water Quality ication No. 4097 (See ed can be a lied: R Public or commercial lopment, if General $400 100%($400) 0%($0) r Quality Certification 097 (See attached) e a lied: . If General Water ity Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) Paquatic 4097 (see attached) cannot be applied: IV. For development that EIinvolves the filling and/or $475 600% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: ROY COOPER G.Wnuor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Awvion rf(bawa( Managemem March 11, 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. bodnari?DNCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Carteret County Project Location: 152 Shell Bank Rd, Newport Proposed Project: Docking Facility 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 April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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. PRINT AGENCY SIGNATURE DATE 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DCM Coordinator: GreggBodnar Applicant: LIP Distributed Yes® No ❑ n ate n 1 aw AGENCY WARD WWIRRO 1 1 LPDXWOV Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: It Hair Raleigh Bland (Beaufort Camden, Chowan, (Carteret, Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotank, Washington) US COE (NC DOT) (Brunswick, New Hanover) DOT - Tom Steffans — (Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Bruns yvick) Lee Padrick (Beaufort Carteret Craven, Eliz le Padrick (Naufort, Carteret, Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources nee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding Jimmy Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams `� f �o�liy.�n Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Pobb Mairs (Carteret New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rcidney Bulter Rodney Bulter D:\Amanda\Amanda\Major Permit Processing\2020 Ad min forms\Comment Sheet -sending for comments.docx Revised : 5/7/2019 Appendix A — Site Location Map and Work Plats SUEIM Taz Parcel unEray VAA, NOTES: 1. TAX PARCELS FROM CARTARET GIS. 2. 2016 AERIAL FROM NCONEMAP. 7. NOT A SURVEYED OR ENGINEERED DRAWNG. FOR ENVIRONMENTAL PERMITTING ONLY. 0. THE ESTABLISHED PIER LENGTH IS 1 W FOR THIS SHORELINE.. Ai•Fwrw/ 1MIID[1 F,w � tyalo ~ Ye1O PIn V Hwy 101 R0 m .....H,eR eR.., 75' AEC r � r '"--co Cb --________ CO `---------- ^ Riparian Corridor 30' Buffer - --- and 15' Setback Costal Wetland Lin _ -- -- Normal High Wate • — ___ `- — -- - r Proposed fixed pier, � � platform, floating dock, A� and sling style boat lifts _ Outer Edge of Marsh = - __ '°- o " _ r ^ �/ Ho, �1,_ ------ �..--- -- ----- �•--------------------- Proposed 222' long x 5' wide fixed pier Coastal Wetland Line Outer Edge of Marsh A H Nonnel igh Water mt -e_ ' _— - - -ILI n e e.- - T�mnr.,eNnd,-,a - — a4o Gr�eaio o.I.a om 06, 0.40 o�io... _ o•o -paqn , Ouler Edge of Marsh A' z Pilings per Contractor (depth, spacing) Approximate Existing Grade -° e6 e6e ,.6� 4e S «e 1.6 1.6e ,do 116e 116 Le r5 wmrwv m,�,: Lana, NOTES: Ripanan dor----------- 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 2. THE ESTABLISHED PIER LENGTH IS rea' FOR THIS SHORELINE. RCa Teu !" Boundary �� ...........9. WATER DEPTHS � COLLECTED BY CLIENT ON JUNE 5, 2WO AND ARE RELATIVE TO NWL NAVDSS. LM G A�Fna/ ' m>eK'/eU uxo,u,i c Pa T4 a �: typ .r Wpfp.1K erw.e4 r T MOMii.l 4M0 ,p, LY IMWM � - `CP U 0 a NORTH CAROI..INA k'n", nnnenial l)FIdiM March 11, 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) areas. bod narCa.NCDEN R.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Jones, Wiley Project Location: 152 Shell Bank Rd, Newport Proposed Project: Docking facility ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Director, Division ofenaval Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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. PRINT NAME AGENCY SIGNATURE DATE 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 MAR 1 5 2021 lici J. Casey etc, Wiley Jones Jr. et; Mario A. Torres, tux Yv� Newport River Ilb nk Inc. J rl s Trust Jo es Trust ie M. Torres � r _ 75' AEC Li 30' Bu er i ` Upp r imit of Coastal 1 ( Wn s Normal High Water Line \ I Y Ve etation 1 Outeri.Edge of Marsh Proposed Pier, Platform, Floating Dock, and Sling Style Boat Lifts Al 75' A�C Line --"\ / \ Shellbank Inc J. Casey etal Jon�s Trust \ � ;� \ 30' Buffer Wiley W� Jones Jr. etal Jones Trust Mario A. To , etux Yvonne M.\Torres — 7tt q 1011 OO,t , , Ott 71\ pQ�2rt ?\ 13' x 17' Platform Newport River 10t1 I 13" Up it of Coastal Wetland Normal High er Line By Vegetation Outer Edge of Marsh 5' x 222' Fixed Pier — 8' x 20' Floating Dock with access ramp r ,p p 'p (2) 12' x 12' Sling Style Boatlifts y2 Z 13O i Zm 1n m Riparian Corridor — — — — — — — — — — — NOTES: Tax Parcel Boundary ^ FCE1VEQ.1..1..,..1. 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 2. THE ESTABLISHED PIER LENGTH IS 164' FOR THIS SHORELINE. 3. WATER DEPTHS COLLECTED BY CLIENT ON JUNE 5, 2020 AND ARE RELATIVE TO NWL NAVD88. FEB 0 9 2021 LM Jones Family 1128/2021 91 Pier Scab: LAND MANAGF.MENi G o. E.� m�r 3805 Wrightsville Ave,�Suite 15 Vilmington, North Carolina 2B4021 1 "=SOS Tide Pier and Dock Detail Drain By: WAD NA LMG20.1g5 2 of 5' x 222' Fixed Pier D D 2 10 N 10 \ ` n Ip F ` tt 8' x 20' Floating Dock 9 1 with access ramp , P i m n 7� O \\` 1 Ap i m 1 ' % p 91 ; m \ 8' \ Newport River i 13' x 17' P1,atform411 �, \ \ t \ 1 1 %li \ � 7.3' ` \ \ ;\ (2) 12' x 12' Sling Style Boatlifts `\ \ 1 1 1 \ 1 Legend Riparian Corrido[ECEIVEi� �i7 NOTES: 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Project: Date: Revision Date: 2. THE ESTABLISHED PIER LENGTH IS 164' FOR THIS SHORELINE. LM G Jones Family 1/28/2021 NA FEB p 9 2021 Pier Scale 1 =10 oNumberLMG20.195 LAND MANAGEMEIINvtT GRODP OlIEYS company Title. C'�� R ■�pn C_i CITY M It FI C 0 0 M05 WiightsNge Ave, Suite 15 Pier and Dock ORNM By. Sheet Number. Wilmington, North Carolina 29402 Detail (2) WAD 3 of 4 1J Telephone: 910-452-0001 L\CAMA12020 CAMA FILES\LM020.195 — 152 Shell Bank, Wiley Jones\152 Shellbank.dwg 75' AEC - 30' Buffer Costal Wetland Li Normal High Watl Outer Edge of Ma Proposed 222' long x 5' wide fixed pier A_ j� O CO CO V%% _\ it O Coastal Wetland Line _Normal High Water 4 2 0 z -2 4 -6 n n n Horizontal and Vertical 1"= 12' _B Approximate Existing Grade -I-/ AD 0110 0+120 0+130 Outer Edge of Marsh n n n n n n _ Pilings per contractor (depth, spacing) o+leo 0+190 1+6 1+110 1+IZo 1.6 Leaend Riparian Corridor RECEIVER__________ Tax Parcel Boundary 000010.I..I..IM FEB 0 9 2021 DCM-MHD CITY .:%CAMA12020 CAMA FILESILMG20.195 — 152 Shell Bank. Wev...M152 She%an Riparian Corridor and 15' Setback Proposed fixed pier, platform, floating dock, and sling style boat lifts 0 c c --_------ Horizontal 1"=30' -�N----- ----- - - - - - - - - - - - __-�Outer Edge of Marsh = n n n Pilings n per contractor (depth, nspacing) 0 o+�0 0+$0+6 1+6 1+I10 1+120 n 1+6 n 1+140 n 1+ A' i _ ,D 8 6 n n n n Y 1+�n: n -6 4 Approximate Existing Grade 6 I Bo 1+gI0 2+10o z+I10 z+Izo z+13o Horizontal and Vertical 1"= 12' i � 1+io 1+ NOTES: 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 2. THE ESTABLISHED PIER LENGTH IS 164' FOR THIS SHORELINE. 3. WATER DEPTHS COLLECTED BY CLIENT ON JUNE 5, 2020 AND ARE RELATIVE TO NWL NAVD88. ;; LM G Jones Family 28 2020 NA Pier g®y: Job Number: LAND MANAGEMENT GROUP rarer#. 1"=50 LMG20.195 Title: o�Par, 3505 Wrightsville Ave, Suite i5 Airington. North Carolina 28402 Pier and Dock Profile Vies Unoen By. WAD Sheet Number 4 of 4 Telephone: 910-452-0001