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HomeMy WebLinkAbout2-22 BenjaminJudy McPherson Permit Class Permit Number NEW 2-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Benjamin and Judy McPherson, PO Box 2447, Elizabeth City, NC 27909 Authorizing development in Pasquotank County at adj.to Newbegun Creek, at 1005 Small Dr., near Elizabeth City , as requested in the permittee’s application dtd 12/12/20 (MP- 1,2) and 8/23/21 (MP-4), inclatt workplan drawing (1), Sheet 1 of 1 dtd “Received MP Section MHD 11/1/21”. This permit, issued on January 24, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Basin 1) Should excavation take place within the period of peak biological activity (February 15 to September 30) of any year, to prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall be left between the area to be excavated and the existing canal for a 24-hour period after completion of excavation or until the project areas has returned to ambient conditions, whichever is greater. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Benjamin and Judy McPherson Permit No. 2-22 Page 2 of5 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5)No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. 6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal 7) No dredge material shall be placed within 30 feet ofthe normal water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B.A statement that no dimensional changes are proposed. C.A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for dredge materialdisposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee’s signature shown anew on the original plan. Shoreline Stabilization - Basin Bulkhead 11) The bulkhead alignment within the basin shall approximate the mean normal water level at the time of construction. 12) No vegetated wetlands or open watershall be excavated or filled, even temporarily. Benjamin and Judy McPherson Permit No. 2-22 Page 3 of5 ADDITIONAL CONDITIONS 13) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 15) The bulkhead shall be constructed prior to any backfilling activities. 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 17) The fill material shall be clean and free of any pollutants except in trace quantities. 18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 19) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 20) All fill material to be placed below normal water level shall beconfined behind the permitted bulkhead. Dock/Boardwalk and Boathouse 21) This permit authorizes only the dock/boardwalk with a portion over existing high ground, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 22) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 23) 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. 24) This permit authorizes a maximum of 1 formalized boat slip. 25) 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. Benjamin and Judy McPherson Permit No. 2-22 Page 4 of5 ADDITIONAL CONDITIONS 26) 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. 27) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the authorized workplans. 28) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 29) 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. 30) 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. Upland Development – Garage 31) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including boardwalk and garage, all as expressly and specifically set forth in the attached permit application and workplan drawings. Stormwater Management 32) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7210901. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 33) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 34) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 35) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 36) 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. 37) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. Benjamin and Judy McPherson PermitNo. 2-22 Page 5 of5 ADDITIONAL CONDITIONS 38) 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 Programmatic General Permit 198000291 (Action ID SAW-2021-02002). 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. 2021-1345. NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901priorto 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 water level. NOTE: An application processing fee of$250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Benjamin & Judy McPherson COUNTY: Pasquotank PROJECT NAME: LOCATION OF PROJECT: 1005 Small Drive DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-1-21 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD CMI� DISTRIC"I` MANAGER. REVIEW, �Elizabeth. Cynthia trek . DISTRICT OFFICE: E � Rountree— � B) DATE RECEIVED BY MAJOR PERMITS UNIT: ...m ._._ FEE REC'D: $250 # III(A) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 9-11-21 END OF NOTICE DATE: 10-1-21 ADJ. RIP. PROP NOTICES REC'D: DEED RECD: Yes C) 75 DAY DEADI..,INE: 11-1.5-21 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 9-7-21 STATE DUE DATE: 9-28-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM --- Field Rep DCM .. LUP Consistency Determination. Local. Permit Officer Corps of Engineers — Regulatory Branch DWR — 401 Section DWR— Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission. DMF — Shellfish Section DMF -- Habitat & Enhancement DNCR Archives & History DNCR Natural Heritage Program NCDOT NC Dept of Commerce DCM Coordinator: Greg Bodnar Distributed YesM No F� Applicant: Benjanlin & Judy McPherson Distribution Date: 9/7/2021 AGENCY ECRO Community Development/1-PO Shelley Cox . ......... . . . DCM Planner Charian Owens Eliz City US COE: . . ....... ...... .... Raleigh Bland . . . ....... Community Assistance Lee Padrick (Beaufort, Carteret, Craven, Eliz City, . . . . . ....... ........... . .. ..... ..... . . . . .... Pamlico, Washington) . ...... Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries James Harrison NC DOT .. ............... David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton ......... . .. ....... ................. Tim Walton State Property Mike Moser Wanda Hillard D,EMLR/DWR-. Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water - Roger Thorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARO) National Heritage Program Rodney Butler Revised : 6/29/2018 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 7, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) girp-gglo—d-1-1 aa r_@A(d_QjLr_,goy SUBJECT: CAMAIDredge & Fill Review Applicant: Benjamin & Judy McPherson Project Location: 1006 Small Drive in Pasquotank County Proposed Project: Excavate a boat basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. 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 September 28, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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 AGENCY SIGNATURE F0T_1W North Carolina Department of Environmental Quality I Division of Coastal Management D. Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 auwa "iF6,.Mr Wt­mi WORYll252.264.3901 kl� r ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS 01rector A ky, F.111 IN kTA I A 1FILOW19 04 1 oil] Al Fak MJA NORTH CAROLINA Environmental Quality TO: The Daily Advance Legal Advertisement Section edalegals i ilyadso-vancem j2da_ FROM: Ella Godfrey DATE: September 7, 20,21 SUBJECT: Major Public Notice: Benjamin & Judy McPherson Please publish the attached Notice in the Saturday, September 11, 2021, issue of THE DAILY ADVANCE. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North, Carolina 27909 252.264.3901 NOTICE OF FILING OF APPLICATIONI FOR LAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 11 3A-1 19(b) that application for a development permit in an AEC as designated under the CAMA was received on 09/01/21 . Benjamin and Judy McPherson are proposing to excavate a boat basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage on the high ground located at 1005 Small Drive in Pasquotank County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-39011 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 10/01/21, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Saturday, September 11, 2021 �D North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 7, 2021 Benjamin & Judy McPherson 1005 Small Drive Elizabeth City, NC 27909 Dear Mr. and Mrs. McPherson: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to excavate a boat basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline and construct docks/boardwalk and a garage located at 1005 Small Drive in Pasquotank County. It was received complete September 1, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 15, 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 September 1,202 1, 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 1 13A- I 19(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 7-.1A North Carolina Department of Environmental Quality I Division of Coastal Management Q. E Q Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 u 252.264.3901 Benjamin & Judy McPherson September 7, 2021 Page 2 of 2 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. 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 Cynthia Rountree, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, 4-5 Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Cynthia Rountree, DCM, Elizabeth City, NC David Parks, Parks Land Development, Elizabeth City, NC 1 R� 3 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Benjamin & Judy McPherson LOCATION OF PROJECT SITE: 1005 Small Drive, Pasquotank County, adjacent to Newbeguni Creek Latitude: 36'11 3'24.95"N Longitude., - 76' 7"52,69"W •I I JJJJ1Jll11!1J 1! Jill, INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 10, 2021 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - September 1, 2021 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pasquotank County Land Classification From LUP - R-1 5 Residential (B) AEC(s) Involved: Estuarine Shorelines, Estuarine Waters, Public Trust Area and Public Trust Shoreline (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - septic system Planned -none (F) Type of Structures: Existing -House, shed, and driveway Planned - dock, boat basin, boathouse, bulkhead, and garage (G) Estimated Annual Rate of Erosion: na Source - na 7, HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED (A) Shallow Bottom (EW, PTA) (B) Open Water (EW, PTA) 177 sqft After dredge 450 sqft J (C) High Ground (ES) 450 sqft 150 Sqft 723 sqft 1,800 sqft (D) Total Area Disturbed: 3,300square feet (E) Primary Nursery Area: No (F) Water Classification: SC Open to shellfishing: No Benjamin & Judy McPherson Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to excavate a boat basin within high ground area install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and construct a garage on the high, ground. Proiect Se:!tAn The property proposed for development is located at 1005 Small Drive in Pasquotank County and consists of approximately 47,946 square foot adjacent to the Newbegun Creek,. The property currently contains a single family residence with one outbuilding. The properties to the north and south are both vacant lots. Vegetation on the site includes, but is not limited to, indigenous yard grass, Cypress, Aligator Weed (Altemanthera philoxeroides), and deciduous trees. Soil Types include Chopanoke Silt (ChA) andl Yeopirn Silt Loam, (YeA). The property has an elevation of approximately 3 feet above normal water level (NWL) along the shoreline. The shoreline is 203 feet in length and currently has no hardened structures along it. The water classification for this area is Tidal Salt Water (SC) and are estuarine waters that are closed to shellfishing. The water depths adjacent to the shoreline rapidly drop to -5 feet. AnSAVsurvey conducted on this site showed there was none present in the proposed project area. Development Proposal The applicant proposes to excavate a new 30 by 15 foot boat basin approximately 52 feet off the northeastern property line. Around the perimeter of the boat basin the applicant proposes to bulkhead 60 linear foot of shoreline approximating normal water level. The boat basin will be covered with a 30 by 15 foot roof that is 10 foot high with no side walls and will contain a boatlift. The applicant also proposes to construct a 75 foot by 8 foot combination dock/boardwalk along the shoreline and a 75 foot by 4 foot boardwalk around the perimeter of the boat basin. The applicant also proposes to construct a 45 foot by 40 foot garage with the closest corner being 30 foot from normal water level and the farthest corner being 45 foot from normal water levell. Anticipated Impacts The proposed development will result in the dredging of 450 square feet and filling of 150 square feet of the Estuarine shoreline and Public Trust Area of Environmental Concern associated with basin construction. The proposed development will also resuilt in the shading of 177 square feet of the Estuarine Waters and Public Trust Area of Environmental concern with an additional 450 square feet of shading not accounted for until after the dredging has occurred. The proposed development will also result in the shading of 2,550 square feet of Estuarine Shorelines Area of Environmental Concern due to garage construction and dock/boardwalk around the boat basin. Temporary turbidity will possibly occur during construction. Submitted by: Cynthia Rountree Date- 9/1/21 'This is a word' processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Shoot (1110112012) Applicant: Benjamin, & Judy McPherson Date: 9/03/2021 Project Site County Pasquotank Staff: Cynthia Rountree District UElizabeth City ElWashington FlMorehead City F-Wilmington Project Name: Rover File: I Date of initial application submittal (EX. 11812007): 7/28/2021 Date application "received as complete" in the Field office (EX 11812007): 9101/2021 Permit Authorization: 0 CAMA ElDiedge & Fill ®,Both I SITE DESCRIPTION/PERMIT INFORMATION PNA: nYes ENo Photos Taken: Yes 0 NoEl Setback Required (riparian): E]Yes NNo Critical Habitat: El Yes MNo nNot Sure 15 foot waiver obtained: —E-1 Yes ®No Hazard Notification Returned: E]Yes ONo SAV E]Yes NNo E]NotSure Shell Bottom: n Yes ®No E] Not Sure Temporary Impacts: ZYes E]No Sandbags: []Yes ON6'0 Not Sure Did the land use classification come from county LUR-2 Yes ®No Mitigation Required (optional). ElYes ZNo Moratorium Conditions: E]Yes nNo ®NA Environmental Assessment Done: 0 Yes []No ®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX' of4) El Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) 0 Swamp Waters (SW) F1 High Quality Waters (HQW) F1 Outstanding Resource Waters (ORM WETLANDS IMPACTED F1 (404) Corp. of Engineers (Jurisdictional [:1 (LS) Sea lavender (Limoniurn sp.) C3 (SS) Glasswort (Salicomia sp.) wetlands) rl (CJ) Saw grass (Cladiumjamaicense) [:1 (SA) Salt marsh cordgrass (Spartina (S Y) Salt reed grass (Spartina altemiflora) cynosuroides) nI (DS) Salt or spike grass (Distichlis El (SC) Bultrush or three square (Scitpus [:1 (TY) Cattail (Typha sp.) spicata) SO E] (JR) Black needlerush (Juncos ❑ (SP) SaltImeadow grass (Spartina toemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 Z III(A) Private wl D&F up to I acre; 3490 [:] III(D) Priv. public or comm wl D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 F1 Minor Modification to a CAMA Major [:1 Major Modification to a CA MA Major E] IVAny development involving D&F of permit - $100 permit - $250 more than I acre - $475 n Permit Transfer - $ 100 E] Ill(B) Public or commercial wl D&F to I ❑ Express Permit - $2000 acre; 3490 can be applied - $400 n Major development extension request - E] It. Public or commerciallno dredge $100 and/or fill - $400 n 1. Private no dredge and/or rill - $250 El III(C) Ptiv. public or comm w ID&F to I acre; 3490 can be applied; DCM needs DWQ agreement - $400 forisedNov, 20,12, NC Division of Coastal Mgt. Application Computer Sheet, Pik qe 2 of 3) Applicant Benjamin & Judy MsPherson Date: September 3, 2021 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 I Dimension 2 Dimension 3 Dimension 4 One One Bulkhead I New Work M Replace 75 ft I ft 3 ft Maint 0 0 Y ED N Boat Basin I New Work ED Replace 30 ft 15 ft 5 ft Maint 0 0 Y (D N Dock I New Work El Replace 75 ft 8ft Maint 0 OYON Dock 1 New Work Replace 75 ft 4 ft Maint 0 DYMN Boathouse I Now Work Replace 30 ft 15 ft Maint 0 DYNN Misc. building I Now Work Replace 45 ft 40 ft Maint 0 0 Y S N New Work E] Replace Maint n El Y El N New Work E] Replace Maint C1 El Y El N New Work El Replace maiot El El Y El N New Work ❑ Replace Maint El [_-] Y n N New Work El Replace Maint El [I Y [IN New Work El Replace Maint El El Y El N New Work El Replace Maint ❑ rl Y E] N New Work E] Rep/ace Maint [I El Y EIN New work El Replace Maint F1 [] Y [-) N New Work r] Replace Maint El El Y n N New Work ❑ Replace Maint [] [:] Y f-1 N New Work rl Replace Maint [] E1Y 0 N Now Work E] Replace Maint El 11 Y El N Now Work E] Replace Maint F-1 El Y El N New Work El Replace Maint 11 El Y [:] N revised Nov. 2012 NC Division of Coastal Mgt. Application ConipLiter Sheet, Page of 3) Applicant: Benjamin & Judy McPherson Date: September 3, 2021 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 andlor restoration or andlor temp restoration or temp impact impact amount) temp MeLcts) _qTqynIQ_ High Ground Dredge [I Fill Z Both El Other 0 150 sqft 150 sqft High Ground Dredge Z Fill D Both El Other El 450 sqft 450 sqft Open Water Dredge El Fill D Both El Other ED 177 sqft 177 sqft Open Water Dredge El Fill El Both El Other CD 450 sqft 450 sqft High Ground Dredge E] Fill El Both [I Other 0 723 sqft 723 sqft High Ground Dredge El Fill D Both 0 Other. 0 1,800 sqft 1,800 sqft Dredge E] Fill D Both E] Other [:1 Dredge El Fill El Both El Other El Dredge El Fill [:1 Both D Other El Dredge El Fill 0 Both El Other El Dredge El Fill El Both El Other El Dredge [3 Fill E) Both [:1 Other n Dredge El Fill El Both [I Other El Dredge [] Fill D Both EJ Other r7l Dredge E] Fill [:1 Both E] Other F-1 21,152143081 2tV06 Narrative Letter For 1005 Small Dr Elizabeth City NC 27909 9/1/2021 To whom it may concern, I Ben McPherson, have planned to install up to 75LF of 8 feet wide deck parallel along shore line from center of property to outside of 15 feet off back property corner along creeks edge. In the center of the 75LF run will be a 30'X1 5' boat basin at a depth of approximately 5 feet with plastic sheet panels all the way around to secure shore. This boat basin will have a boat lift installed with a roof approximately 10ft high. The walls to this lift area will be open on all sides. The basin will have approximately 75LF of 4 feet wide decking all the way around on 3 sides of it. This dock and basin with lift will be for personal use only and convenience of fishing and ease of using boat when needed. There may be a proposed garage that may be built in the future which will maintain at minimum 30 feet on creeks edge and 10 feet off property line. The existing home is well more than 30 feet from boat basin. Proposed garage will be 45ft deep by 40ft wide. The project 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. Poole Point Properties LLJ Elizabeth City NC 27909 5/10/2021 To whom it may concern.. MAY 2 4 2021 DCM-EC I Daniel Terryberry creator of Poole Point Properties LLC. will allow Benjamin McPherson owner of 1005 Small Dr to dispose of spoil taken from 1005 Small Dr for his construction for boat basin and boat dock, on my property at Map # P128-7C which is nick named Poole Point. I will take full responsibility of the spoil and use for fill dirt. I have the map attached of my property adjacent to his. If you have any questions regarding this matter you may contact me at (252) 339-2801. Thanks, Daniel Terryberry DCM MR-11 RECEIVED APPLICATION for i U N 0 7 2O21 Major Development Permit DCM-EC (last revised 12/27/06) 9 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant! Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Benjamin MI K Last Name McPherson Applicant 2: First Name Judy lull L Last Name McPherson If additional applicants, please attach an additional page(s) with names listed, Malting Address 1005 Small Dr PO Box 2447 1 City Elisabeth City State NC ZIP 27909 Country USA —IF Phone No. 252 - 339 - 9441 ext, FAX No, 252 - 334 - 8575 Street Address (if different from above) City State ZIP Email bigbenl80@yahoo.com 2. Agen Won tractor Information Business Name Parks Land Development Agent/ Contractor i: First Name ml Last Name David 0 Parks Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 1252 Florida Rd : Elizabeth City NC ZIP Phone No. 1 Phone No. 2 27909 252 - 330 - 2425 ext. ext. FAX No. Contractor # 64801 Street Address (if different from above) City State ZIP Email davidoparks@gmal.com <Form continues on backs 2 5 "'t - 8 () L) • .2 f3 0 8 : - 7- "18 8, n 4 il' (,, () A S 1' m v'l W . lo a c o a ",; t a I w � w n n a fq v rin o n t, . �) e it Form DCM MP-1 (Page 2 of 4) APPLICATION for RECEIVEDMajor Development Permit 111tJ n ) 91121 3. Project Location County (can be multiple) Street Address DCM-EC State Rd. 4 Pasquotank 1005 Small Drive 1270 Subdivision Name &Y State Zip NewbegUn Land Elizabeth City NC 27909- Phone No. Lot No.(s) (it many, attach additiorialpage with list) 252 - 339 - 9441 ext. P12713-14, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Newbegun Creek c. Is the water body identified in (b) above, natural or manmade? Ifs d. Name the closest major water body to the proposed project site. ©Manmade 01-Inknown Pasquotank River e. Its proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed MY. FIN. work falls within, Pasquotank County 4. Site Description a. Total length of shoreline on the tract (ft.) b, Size of entire tract (sq.ft.) 203 47,946.51 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N Wi- (normal water Pavel) (if rnanlot sizes, plea , se attach additional page with a list) 6ft [:]NHW or MNWL e. Vegetation an tract Bermuda Grass f. Man-made features and uses now on tract House, shed and driveway g. Identify and describe the existing land uses addacent to the proposed project site. Wooded Lot h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-1 5 (Attach zoning compliance certificate, if applicable) NYes 0NoE]NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? E:]Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy, Elyes NNo FNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes ®No FNA National Register listed or eligible property? <Form continues on next page? 2 5 2 8 08 -2 8 0 8 1 8 8 8 4 F? C 0 A ST ,a VV VV W m mni C: e:: o 'n ,,, I a t rn a �1 i� fl] (� 1111 0 il 1, . 1111 v t RECEIVED Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit J U N 0 7 2021 in. (i) Are there wetlands on the site? DICIRVAI-EC Yes No (iI) Are there coastal wetlands on the site? Yes (N o) (III) If yes to either (I) or (ii) above, has a delineation been conducted? (Attach documentation, if available) Yes No In. Describe existing wastewater treatment facilities. Conventional Septic System o. Describe existing drinking water Supply Source, County Domestic Water p. Describe existing storm water management or treatment systems. Natural Runoff 5. Activities and Impacts a. Will the project be for commercial, public, or private use? [:]Commercial [:]Pub Ii c/Govern ment MPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Use of dock for personal fishing, Use of basin for storing boat. 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. Excavator and Pumps,alll stored on land d. List all development activities you propose. Install up to 90ft of dock, install 15'x 30' bulkheaded boat basin with boat fift and roof. Build future garage 40'x45'.. e, Are the proposed activities maintenance of an existing project, now work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 1226 MSq.Fl or [:]Acres g, Will the proposed project encroach on any public easement, public aCCessway or other area [:]Yes XNo [:INA that the public has established use of? h. Describe location anid type of existing and proposed discharges to waters of the state. No new discharges will be present i. Will wastewater or storrnwater be discharged into a wetland? Elyes LIESIINo FINA If yes, will this discharged water be of the same salinity as the receiving water? [:]Yes F]No [9NA j. Is there any mitigation proposed.? [:]Yes ®No DNA If yes, attach a mitigation proposal. <Form continues on back> 2 5 2 - 8 () 8 � 2 8 0 8 1 - 8 8 8 . 4 Il C �O A ST VV W IN , Vu C, C 0 �d 'S ?, )I rVI �1 P �1 41 C HI 0" 111 t d� V t Form DCM MP-1 (Page 4 of 4) APPLICATION for rm"ECEIVED major Development Permit ItIm to 7 M1 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if p "catost be submitted in order for the application Items to be complete. Ites (a) — (0 are always applicable to any i �4 ca ion. Please consult the application instruction booklet on how to ,properly prepare the required items below. a, A project narrative. b. An accurate, dated work plat (including plan view and cress -sectional drawings) drawn to scale. Please g'fve the present status of the proposed project. N 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 Linder which the applicant claims title to the affected properties. a. 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 Mark Small Phone No. 252-338-4871 Address 283 Dryridge Rd Elizabeth City NC 27909 Name Phone No, Address Name Phone No. Address g. A list of previous —state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates, NA In. 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), if necessary. If the project involves expenditure of public kinds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project, l further certify that the information provided in this application is truthful to the best of my knowledge. Date 12/12/2020_ Print Name 'A enjamin McPherson___ Signature Please indicate application attachments pertaining to your proposed project. FDCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts FDCM MP-3 Upland Development FIDGM MP-4 Structures Information 252 8 OL t,'t2 1) 0 8 l - 8 8 8 - 4 R G 0 A S T vy �w w. n c c oa s t a t nii q e ni e n t L1 c? t RECEIVED Formocrin ow-2 EXCAVATION and FILL J U N 0 7 (Except for bridges and culverts) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all othQsQiMs of_eyoint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ranip Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization) Length 30 — - -- -------- --- Width 15 . .. . . . ........ . . ..... Avg. Existing 5 NA NA Depth Final Project 5 NA NA Depth 1. EXCAVATION OThis section not applicable . _ a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. sandy dirt 83 c. (I) Does the area to be excavated include coastal wetlands/marsh d. High -,ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 32 or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. Ocw OSAV [:]SB OWL XNone (ii) Describe the purpose of the excavation in these areas: Boat basin 2. DISPOSAL OF EXCA VA TED MATERIAL 0 This section not applicable 3. Location of disposal area. b. Dimensions of disposal area. Map P128-7c Pasquotank County Small Dr G. (i) Do you claim i title to disposal area? OYes NNo nNA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shelf bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. [:ICW let OSB OWL ZNone (if) Describe the purpose of disposal in these areas: d, (i) Will a disposal area be available for future maintenance? [:]Yes E]No ®NA (if) If yes, where? f. (i) Does the disposal include any area in the water? E]Yes ®No FINA (if) If yes, how much water area is affected? 252-80B-2808 :a 1 88841RC�OAST %�v,walv.l�lillq.clol,"i-llit•iGu�b,pl�,ii�mg(u�'Okit.girrt revisvd� 12126106 Forivi M'3,11 (10R.2 anal Fill, Pirwge 2 c4 2) RECEIVED JUN 0 7 2021 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 —Structures) a. Type of shoreline stabilization: ®Bulkhead [JRp,ap [:]BreakwateriSill []Other: C. Average distance waterward of NHW or NWL: None e. Type of stabilization material: Plastic Shooting g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Broakwater/SiR Other None i. Source of fill material. Parks Land Development Sand Pit Permit # 70-31 b, Length: 60 Width: 1' This section not applicable d, Maximum distance waterward of NHW or NWL.': f, (i) Has there been shoreline erosion during preceding 12 months? Ely.., XNo EINA (ii) If yes, state amount of erosion and source of erosion amount information, h. Type of fill material. Sand 4. OTHER FILL ACTIVITIES 07-his section not applicable (Excluding Shoreline Stabilization) 8, (i) Will fill material be brou<Itittothesite? ®Yes PNo E b. (i) Will fill material be placed in coastal wetlands/marsh. (OW), NA If yes, (ii) Amount of material to be placed in the water none (iii) Dimensions of fill area 2ftxlftx75ft (iv) Purpose of fill Fill in behind bulkhead to make yard level wills top of bulkhead SUDINely(JO d(ILALIM; VeYCIMUP komv), srrru L)uuoui ko,3). (m other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. Elm EISAV [:ISB nWL ®None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a, How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used dragline, controIlled? backhoe, or hydraulic dredge)? Will be loaded directly loaded on trucks and hauled to Poole Point Excavator C. (i) Will navigational aids be required as a result of the project? Dyes NNo EINA (ii) If yes, explain what type and how they will be implemented. 12112/2020 Date Benjamin McPherson Dock and Boat Basin Project Name 252 808-2808 :: 1.8fifi 4fICOAsir rl, (i) Will wetlands be crossed in transporting equipment to project site? nYes XNo nNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Benjamin McPherson Applicant Name Applicant orrrg IOCINN NIIF"-,5� (9 ninT3 fill, Paqc, ,l of 2) RECEIVED J 0 N 0 7 2021 DCAA-Ecc 252SO858MR a 143RT4RCOAST " mum anecoaslahnanagemenLnet reAsmh lW26M6 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project, Please include all supplemental information. 1. DOCKING FACILITYMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial E]Pubfic/Government OPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number I (III) Length 75ft (iv) Width 8ft (v) Floating [--]Yes RNo e. (I) Are Platforms included? DYes ZNo If yes: (4) Number (0) Length (iv) Width (v) Floating E]Yas E]No Note: Rooted areas are calculated from dripline dimensions. g. (i) Number of slips proposed 1 (ii) Number of slips existing 0 i. Check the proposed type of siting: C] Land cut and access channel ZOpen water; dredging for basin and/or channel [Jopen water; no dredging required ElOther; please describe: k. Typical boat length: 17 m. (i) Will the facility have tie pilings? NYes []No (ii) If yes number of tie pilings? 12 n This section not applicable b. (i) Will the facility be open to the general public? E]Yes ONo d. (i) Are Finger Piers included? NYes E]No If yes: (ii) Number 1 (iii) Length 75ft (iv) Width 4 (v) Floating ElYes MNo t. (i) Are Boatlifts inducied? NYes F'lNo If yes: (ii) Number 1 (iii) Length 30 (iv) Width 15 h. Check all the types of services to be provided, El Full service, including travel lift and/or rail, repair or maintenance service El Dockage, fuel, and marine supplies 0 Dockage ("wet slips") only, number of slips: 1 El Dry storage; number of boats: El Boat ramp(s); number of boat ramps: El Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types), open runabout 1. (i) Will the facility be open to the general public? DYes ZNo 252.808-2808 :: 1.8813-4111GOAST :: www.11cCoast-liMalla9qkllq!lt!-k!Ot revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) L2_ DOCKING FACILITYIMARINA OPERATIONS 0 This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. 0 Office Toilets El Toilets for patrons; Number: _; Location: El Showers El 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. (1) Give the location and number of "No Sewage Discharge" signs proposed. . ......... ..... (III Give the location and number of "Pumpout Available" signs proposed. f 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. y. 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 marinaldocking facility proposed within a primary or secondary nursery area? E]Yes ElNo 252-808-2808 :: 1-888-4RCOAST '.: www.1tccoastalntianaggknp!t.net revised. '12/27106 Form 0CM MP-4 (~Structures, Page 3 of 4) F— n . Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? S E]Yes HNo o. Is the marinaldocking facility proposed within or adjacent to coastal wetland's/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. EICW OSAV E]S13 OWL MNone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? [JYes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. �. BC3ATh�'OUSE (including covered lifts) ❑This section not applicatate a. (i) Is the boathouse structure(s): OCornmercial EIPublic/Government ZPrivate[Community (ii) Number 1 (iii) Length 30 (iv) Width 15 Note: Roofed areas are calculated from dripfine dimensions. 4, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) N This section not applicable a. (i) Number (H) Length (iii) Width 5. BREAKWATER (e.g., wood, shoolpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS M This section not applicable I a. Is the structure (s)'. E]'Commercial E]PublictGovernment El Phvate/Comm unity C, Distance to be placed beyond shoreline --- Note: This should be measured from marsh edge, if present. e. Arc of the swing T. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc,) 252-808-2808 ::, 'I-888.4RCOAST :: wwwalecoast Inianagementmet revised: 12127/06 -11 — --'' " j�k Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 15ft from start of construction and 109 from other end Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 40 e. (i) Will navigational aids be required as a result of the project? E]Yes ENo EINA (5) If yes, explain what type and how they will be implemented. b. Proximity of structure($) to adjacent docking facilities. house up to 100ft away d. Water depth at waterward end of structure at NLW or NWL 5ft 8 OTHER 0 This section not applicable a, Give complete description: Proposed garage will be approximately 45ft deep by 40ft wide 8/23/2021 Date Benjamin McPherson Dock and Boat Lift Project Name Benjamin McPherson Applicant e Appl Tca0'9',9'-nZre 15FT U j 6/1 252-808.2808 :: 1-888-4RCOAST :: www.iiecoastaitiiinacketiieiit."et revised; 12/27/06 BOOK 13PAGE 210(3) 459560 uez 11111111111111111111 This document presented and filed: 10106/2020 11:13:02 AM CLEMENTINE WHITE. Pasquotank County, NC Excise Tax: $850.00 Spa" Above This Line For Recording Data PASQUOTANK COUNTY Deed number , R C) - t I a5 Transfer tax $ a. A rd Ir Delinquentkax $ 0 .3.c Pasquotank C ty Assessoes Office NORTH CAROLINA GENERAL WARRANTY DEED Prepared by W. Brock Mitchell Attorney RECEIVED P Return to Thompson & Pureza, P.A. HREM File No. 29260-3.WBM Excise Tax: $850.00 Transfer Tax: $4,250.00 State of North Carolina, County of Pasquotank Tax Parcel. 894104620349 Map No.: P127B-14 MAY 2 4 2021 DCM-EC THIS GENERAL WARRANTY DEED made this 216 r day of September, 2020, by and between Thomas L. Carter and wife, Deh,orah J. Carter, whose mailing address is 512 Greystone Lane, Chesapeake, Virginia 23320 (hereinafter collectively referred to as "Grantor"), and Benjamin K. McPherson and wife, Judy L. McPherson, whose mailing address is 1005 Small Drive, Elizabeth City, North Carolina 27909 (hereinafter collectively referred to as "Grantee"): WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has given, granted, bargained, sold, and conveyed, and by these presents does hereby give, grant, bargain, sell, and convey unto said Grantee, Grantee's heirs, successors, administrators and assigns, all of that certain piece, parcel, or tract of land situate, lying and being in Pasquotank County, State of North Carolina, and being more particularly described as follows: Being all ofLot 14, Section C, in the subdivision known as Newbegun Land, as described and delineated on that plat entitled In part, "Section "C". Newbeign Lan "datedApril 2, 1980, prepared by S. Elmo Williams, Registered Land Surveyor, which plat is recorded in Map Book 8, Page 46, in the Pasquotank County Public Registry, and which plat is Incorporated herein by reference. Per N.C. G.S. §105-317.2, the property does include the primary residence of Grantor. This document was prepared by W Brock Mitchell, a licensed North Carolina attorney, without title search, closing or tax advice. Delinquent taxes if any, to be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds. Being also the same property conveyed to Thomas L. Carter and wife, Deborah J. Carter, by deed dated March 24, 2015, which deed is of record in Deed Book 1223, Page 912, of the Pasquotank County Public Registry. TO HAVE ANDTO HOLD the above described lands and premises, together with all appurtenances thereunto belonging, or in any way appertaining, unto the Grantee, Grantee's heirs, successors, administrators, and assigns forever. AND GRANTOR COVENANTS to and with Grantee, Grantee's heirs, successors, administrators, and assigns, that Grantor is lawfully seized in fee simple of the Property, and has full right and power to convey the same to Grantee in fee simple; that the Property is free from any and all encumbrances, except as set forth herein; and Grantor will warrant and dcfend the title against the lawful claims of all persons whomsoever, with the exception of the following: Ad valorem faxes for the current year (prorated through the date of Settlement); utility easements; and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property. IN WITNESS WHEREOF, the Grantor has duly executed and sealed this document, this the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY BLANK — SIGNATURE(S) ON FOLLOWING PAGE(S)l MAY 2 4 2021 DCM-E-C 0 BBC 1382 PG 212 DOC#459560 (SEAL) Thomas L. Carter OXZX,4-OW,A4 ddL� .4 V (SEAL) De Drab i Carter State of —/V 19"tg e-r---/-"—,GityCounty of P'll"t"A' ],a Notary Public of Gky/County of I State of e-- /.'— certify that on this date before me personally appeared Thomas L. Carter and wife, Deborah J. Carter, personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein stated and in the capacity indicated. WITNESS my hand and official stamp or seal this the 2- 6 t' day of September, 2020. 'N0\%jj111 I 1111111/j/ NSN C K Af NOTAR), PUBLIC Cj- :'S' %; C0000§§ 1 �4� , Nntary seat nr starnn must annear within this box. JAREAL ESTATETLJENT5.202OTvwTh,m & Dcb"h- SALE 1005 S,,AH Ddm29260-ZOadwpd Notary Wblic Type or Print Name: My Commission Expires: RECEIVED MAY 2 4 2021 DCM--EC MAJOR PERMIT FEE MATRIX Anplicant: T Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial E] development that does not $250 100% ($250) 0%($0) involve the filling or excavation of any wetlands or oeen water areas: 11. Public or commercial F-] development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: E] Major Modification to a $250 100%($250) 0%($0) CAMA Major permit Ill. 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: III(A). Private, non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 4175 (See attached) can be applied: III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 4175 (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 aquatic life: III(D). If General Water El Quality Certification No, $400 60%($240) 40%($160) 4175 (see attached) cannot be applied: IV. For development that F1 involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: Received From: V, Permit No.: Applicant's Name: Project Address: NC Division of Coastal Management M. Cashier's Official Receipt 13 C D Date: 20 Check No.: County, N, Please retaiy receip�fbr your records as proof of payment for permit issued. Signature of Agent or Applicant: Sigrtature of Field Representative., Date: Date: VANAWN DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM )AN 4 . 2021 CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERED Name of Property Owner: Address of Property: (Lot or Street #, Agent's Name #: Agent's phone #: or Road, City & County) Mailing Address: �0-(-)- 5-- C—me, DCM-EC I hereby certify that I own property adjacent to the above referenced property, The individual applying for this permit has described to me as shown on the attached drawing_the development they are pro: * osing, ovided with this letter. /1 have no objections to this proposal. -- I have objections to this proposal. �0 � Ifyou have objections to what is beingproposed, you must notify the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste 300, Elizabeth City, NC, 27909, DCM representatives can also be contacted at (252) 264-3901. No response Is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, 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 si gn 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 Information) k. ...... .. . . Print or 7ype Name Wos- Mailing Address Ct'A ZVC citylstatemp e Teleph6ne Number lEmail Address Dale ,,Valid for one calendar year after signature* (Adjac!,nJPrq y 0 ne ormation) STina(IlPe Revised 2017 CS 00 N C, C, 6 OJ� ci 0 O — o 5/10/2021 Pasquotank Tax Card Fire HYdrant/District Maps Save as PDF; Pasquotank County Property Card as oHanuary 1, 2021 PIN: PID: 0003850 MAP: P128-7C Deed Book, 950 / Deed Page: 859 / Date: 894104637180 20061229 Location: 00000 SMALL DR Prior Current REC"EIVED (REAR) Evaluation Evaluation Year: 2006 Year: 2014 MAY 2 4 2021 Land $684800 $416400 POOLE POINT PROPERTIES Use DCM-.EC LLC Land $0 $0 105 MARGARET DR Building $0 $39000 �,Fllj 'Total $684800 $455400 Click here to send us a ELIZABETH CITY, NC 27909 Assessed $684800 $455400 new/better picture Acct: 0129651. Estimated County 'Tax: $3506.58 43.28 AC Solid Waste Fee: $1.44 ($75 for C Notes TAKEN/REIAIT SEC 14 Elderly/Disabled with Exclusion) 20190321 Land Waterfront 5.73 (a) $193250.0 acre $51884 . 82/acre Undeveloped 29.715 @ $194240.0 acre $ 13 0 7 3.21 /acre Forest Land 12.985 Gy) $28880.0 acre $3177.512/acre Total Acres: 48.43 Total Land Value: $416400 694104637180 AERIAL Sales Data Date Type Price Soul -cc ownel. NEWBEGUN 20061229 Land 0 LAND GEN PAWI'NERSTITP Tax OwnershipBook(for research only). OUTBUILDING DATA 'Type Qty Year Sizel Size2 Grd Cud Value A133 1 2018 24 84.0 A A $39010.00 UPLINN Deed Assessment 950/859 703600 https:]/Iink.co.pasquotank.nc,us/taxcard/taxc,ard,cfm?PP2=65881 112 5/10/2021 Pasquotank Tax Card 0 0 0 0.0 A $0.00 0 0 0 0.0 $0.00 0 0 0 0.0 $0.00 0 0 0 0.0 $0.00 0 0 0 0.0 $0,00 0 0 0 0.0 $0.00 Total Outbuilding $39000.00 valttc; MAY 2 4 2021 DCM-EC https://link.co.pasquotank.nc.us/taxcarditaxcard.cfni?PP2=65881 2/2 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Benjamin & Judy McPherson COUNTY: Pasquotank PROJECT NAME: '� � P 0 7 2021 LOCATION OF PROJECT: 1005 Small Drive a( f,}� � C#TY DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-1-21 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Cynthia Rountree DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: J -' Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 # III(A) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 9-11-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 11-15-21 HOLDS: EMAIL OUT DATE: 9-7-21 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 10-1-21 DEED REC'D: Yes r 150 DAY DEADLINE: STATE DUE DATE: 9-28-21 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM -- Field Rep DCM — LUP Consistency Determination Local Permit Officer lY(L !c Corps of Engineers — Regulatory Branch—p— DWR-401 Section ujin�Zl ZVZI 13�{� DWRPublic Water Supply DEMLR — Stormwater R�3o / L 1 � 'L j a i 0 DEMLR - Sed and Erosion DOA — State Property Office Wildlife Resources Commission �lu �ca' w u DMF — Shellfish Section p L jC DMF — Habitat & Enhancement n1 l f x7 L 15F -so DNCR —Archives & History {��-jL is DNCR — Natural Heritage Program NCDOT NC Dept of Commerce 6`? ROY COOPER. Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director MEMORANDUM NORTH: CAROONA. Environmental Quality TO: Gregg Bodnar,.Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager �0_ Northeastern District, Division of Coastal Management FROM: Cynthia Rountree; Field Representative DATE: October 18, 2021 SUBJECT: Benjamin & Judy McPherson;1005 Small Drive Major Permit Recommendations DECEIVED OCT 1 9 r021 The applicant proposes to excavate a 30 by 15 foot boat basin with a 60 linear foot bulkhead around the perimeter with a 26.5. foot by 15 foot boathouse, a 75 y 8 foot dock/boardwalk along the:, shoreline, and 75 by 4 foot boardwalk around the perimeter of the boat basin. The property is ,located at 1005 Small Drive; Elizabeth City, Pasquotank County adjacent to.the Newbegun Creek. The development proposal involves the Public Trust Area (PTA), Estuarine Shorelines (ES), Public Trust Shorelines (PTS), and Estuarine Waters (EW) Areas of Environmental Concern. i have reviewed the Rules of the Coastal. Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H .0208 USE STANDARDS (a) addresses General Use Standards, and subparagraph (1) requires that uses which are not roster dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches. North Carolina Department of Environmental Quality I Division of Coastal Management E 3 Elizabeth City office 1 401 South Griffin Street, Suite300 l Elizabeth City, North Carolina 27909 pnr�elcmYmimml��R.ve9� 252,264:3901 ' North Carolina Department of Environmental Quality Division of Coastal Management U � 0 , L 101 i Consistent. The applicant proposes to construct a boat basin, bulkhead and pier which are listed as water dependent. (a)(2)(A) requires that the location, design, and need for development as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .Q2Q3 of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity Of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas, Consistent: The development is consistent with the intent of this rule. (a)(2)(B) requires that the development shall comply with state and federal water and air quality Consistent: This development will not violate water and air quality.. (a)(2)(C) requires that the development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources. Consistent: There are no. known archaeological or historic resources on the property. (a)(2)(D) requires that the development shall not increase siltation, Consistent: It does not appear that this development will measurably increase. siltation. (a)(2)(E) requires that the development: shall not create stagnant water bodies. Consistent:.It does not appear that the development will create stagnant water bodies. (a)(2)(F) requires that the development shall be timed to avoid significant adverse impacts on Iife cycles of estuarine and ocean resources. Consistent: The development will have minimum adverse effects on life cycles or estuarine resources. (a)(2)(G) requires that the development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The development proposal minimal effects on navigation. E" P1 a CT 1 9 2021 � �� - iry TIC _ North Carollna Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 5 (b) Specific Use Standards (b)(1) Sates that Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged.aquatic vegetation as defined by the MPG, or areas of coastal wetlands except as otherwise allowed within this Subchapter. Navigation channels, canals and boat basins shall also comply with the following standards: Consistent: The proposed boat basin fits the intent of this rule. (b)(1)(B) requires all dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal wetlands; Consistent: The proposed boat basin dredge niateirials'will be placed on an upland site. (b)(1)(E) requires boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland; Consistent: The proposed boat basin meets the; intent of this rule. (b)(1)(F) requires any canal.or boat basin shall be excavated no deeper than the depth of the connecting waters; Consistent: The proposed boat basin will have a depth of 5 feet witha canal depth of 5 feet. (b)(6) Addresses Piers and Docking Facilities. (b)(6)(B.) requires that 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 2,00.0 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to. support awater dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas. Consistent: The proposed docking facility shades a total of 450 square feet which is less than the 1,624 square feet allowed for the 203 foot shoreline. (b)(6)(D) requires a boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse.and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not ,V O C T 1 9 2021 E C T 10, N North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 5 be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; Consistent: The proposed boathouse area will be 397.5 square feet which is less than the allowed 400 square feet. (b)(6)(F) requires that piers and docking facilities shall be single story. They maybe roofed but shall not be designed to allow second story use. Consistent: The proposed dock and boathouse will not have second story use. (b)(6)(G) requires that pier and docking facility lengths shall be limited by: (i) not extending beyond the established pier or docking facility length. along the same shoreline for similar use; (This restriction does not.apply'to piers 100 feet or less in length unless necessaryto avoid unreasonable interference with navigation or other uses of the. waters by the public); Consistent: The proposed dock width will be 4 feet with a portion of it over high ground. (ii) not extending into the channel portion of the water body; and Consistent. The proposed dock will not extend into the channel portion of the waterbody: .(iii) not extending`more than one-fourth the width of a natural water body, or human -made canal or basin.. Measurements to determine. widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers; has established an official pier head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed dock width of 8 foot wide with a portion of that over is less than 12 feet which is the 1/4 width of the waterbody. (b)(6)(1) requires that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the Ft VE on 1 q 2021 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM . Page 5 of 5 channel so that it intersects with the shore at the point the upland property line meets the water's edge. Consistent: The proposed dock will remain outside of the 15 foot setback. (b)(7) Addresses Bulkheads. (b)(7)(A) requires that bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level. Consistent: The proposed bulkhead is to be placed around the perimeter of the proposed boat basin. (b)(7)(B) requires that bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources. Consistent: The propose bulkhead will not be in a wetland area. (b)(7)(C) requires that bulkhead backfill material shall be obtained from an upland source approved'bythe Division of Coastal Management pursuant to this Section, or if the bulkhead is apart of a permitted project involving excavation from anon upland source, the material so obtained may be contained behind the bulkhead. Consistent: The applicant has indicated that the fill will contain sand from an upland location. (b)(7)(D) requires that bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual. geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule. Possible Inconsistency:. The property does not have an erosion problem but the proposed. bulkhead we he used to hold the form. of the proposed basin. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features.. Consistent: The proposed bulkhead will not extend out below normal water level. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners � 9014�► E T �,A 0 C 11 n 20211 FOP S E. CTION FLUID North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 6 of 5 Consistent: The proposed bulkhead meets the intent of this rule. (iv) the need for bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and Consistent: The proposed bulkhead will not extend below NWL. (v) the. property to be bulkheaded is in a. non -oceanfront area. Consistent: The proposed bulkhead is in a non -oceanfront area. (b)(7)(E) requires that where possible, sloping rip rap, gabions, or vegetation shall be used rather than `bulkheads. Consistent: The proposed development of a bulkhead is to.frame a boat basin where riprap would. not work. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application,.and plans, I recommend a Major Permit be issued to. Benjamin & Judy McPherson V E D OCT 1 0 %0P 1 ROY COOPER Governor ELIZABETH S, RISER Secretary BRAXTON DAVIS Wrecror September 7, 2021 M„ E ORANDUM. NORTH CAROLINA Environmental Quallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16.33) 91199, b o d u ar6bri c d e n n g ov SUBJECT: CAMA/Dredge & Fill Review Applicant: Benjamin & Judy McPherson Project Location: 1006 Small Drive in Pasquotank County Proposed Project: Excavate a boat basin Withill high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gres Bodnar at the address above by September 28, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext, 234)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 NAM AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality I blvlsion of Coastal Management EllzubethCity Mce1401South GrlfflnStreet, Sulte300i El[zabethcily,NorthCarollna27909 11 -fooda, . e t h 0.101 .�^� 252.264.3901 ROY COOPER Governor ELIZABETH S, BISER Secretary BRAXTON DAVIS Dfrecfor September 7, 2021 MEMORANDUM. d Y. NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) re e�'g,h0dnar@-11g1=gox SUBJECT: CAMA/Dredge & Fill Review Applicant: Benjamin & Judy McPherson Project Location: 1005 Small Drive in Pasquotank County Proposed .Project: Excavate a boat. basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Please indicate below your agency's position or viewpoint on the proposed project and retum this Corm to Gretara Bodnar at the address above by September 28, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264.3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: t/ This agency has no objection to the project as proposed. **Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME AGENCY��- SIGNATURE�- �f - i DATE -If ap e-- - E 0A 1/Jill, y, n.rwtirar.l �awror.rUv.Yry SW Ce MM�TS W I i_L ��k1 C-� y 'I�.aC1✓�. � Zf�� CEV7-1 North Carolina Department of Environmental Quality I Division of Coastal Wnatj U t ' Elizabeth City piece 1 401 South Grlffrn Street, Suhe 300 1 Elizabeth Chy, North Carolina 27909 252.264.3901 rla�-7C 7 1 3 ROY COOPEk .ELIZABET14 &.615% BRAXTOMDAVIS Orator September 7,. Z021 MgALORAND FROM: SUBJECT: Applicant; Project. Location: :Grqqg..8oqnar, Assistan . t MajorP�ermlts Coordinator . N05 . �a - OWIS . 191 of Coasrtal.M.anagement 4.00 Commerce Ave., Morehead. Clty,.r NC 28657 FS)c 252-i0-36% (Cour lerio 4-16-33) CAMAILItedge & Pill ROW6W Benjamin & Judy McPherson 1006 Small Drive in Pgsquotank Countyr Proposed Project, Excavate: a boat. basin within high -ground aces, instill a boathouse, construct a buftead along the b4shr shoreline, construct docksiboardwalk and a garage. Please. indicate below: your agency's position oe viewpoint oh. the pm.posed project and Murn this farm gMm godnarat.the above address b 8,202i. Ifyou Lhave.any y.Soptemper2 questions regarding the. proposed project; contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, id -depth comments with.supporting data is requested, REPLY' This- :agency has. no. *kO(Ior[ _tQ the project as pfopose& **Additional: comments -may be attached" This: age ppy has no tommignt on the proposed project. This: agency iapppovOg of the PrOoot only if the recommended changes are inpotpotaled. See attached. forro4isont described In the attached This ogenoy.objectslo the project comments PRINT NAME V-96.OT 7 . AGENCY CIO P e—b^ SIGNATU DATE 2021 Northc: I Division of CohstalManagetnent _Elbabet CAty ()nice 1401 South Griffin Street; Su WOO I Elizabeth City, North Carolina 21909 E Q5 emte- � 'MCI . 252,264.3901 ROY COOPER Governor ELIZABETHH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM �'`'t' :,- TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan Owen 1CP, NE District Planner,'�, Division of Co tall Management' SUBJECT: Major Permit Request by Benjamin and Judy McPherson to excavate a 15 foot by 30 foot boat basin and install 60 linear feet bulkhead, a 15 foot by 30 foot roofed structure 10 feet in height, a boat lift, an 8 foot wide by 75 foot long dock/boardwalk and a 4 foot wide by 75 foot long boardwalk along a creek branch connecting to Newbegun Creek, and; construct a 45 foot by 40 foot garage; at 1005 Small Drive, in Pasquotank County. DATE: September 9, 2021 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County/Elizabeth City 2004 Advanced Core Land Use Plan (LUP) certified by the CRC on February 9, 2012. Overview: The 1.1 acre subject property has 203 linear feet of shoreline along a creek branch connecting to Newbegun Creek which connects to the Pasquotank River. Water depths adjacent to the shoreline rapidly drop to -5 feet below Normal Water Level (NWL). The property has an elevation of approximately 3 feet above NWL. The lot is vegetated with yard grasses and trees. The property is located primarily within the AE Floodzone, with .2% Annual Chance Flood Hazard area located central to the site and adjacent to road right-of-way. Existing site improvements consist of a single-family house. with decking and porch, an out building, and a concrete driveway. The shoreline is unimproved. Excavation of a 15 foot by 30 foot boat basin and installation of 60 linear feet bulkhead, a 15 foot by 30 foot roofed structure 10 feet in height, a boat lift, an 8 foot wide by 75 foot long dock/boardwalk and a 4 wide foot by 75 foot long boardwalk along the creek branch, and; construction of a 45 foot by 40 foot garage are proposed. The bulkhead will be located along the perimeter of the basin. The roofed structure will be open with no side walls and will be located over the basin. The boatlift will be located in the basin. The 8 foot wide boardwalk will be located along the shoreline and connect to the 4 foot wide boardwalk that will be located around the perimeter of the basin. The garage will be between 30 feet and 85 feet from NWL. ��� North Carolina Department or Environmental Quality I Division of Coastal Management D- FMElizabeth City office 1 401 South Griffin Street, Suite 306 1 Elizabeth City, North Carolina 27909 TH Ls Lit �� �/"252.264.3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 Water Quality: Policy 1, Page 131. "Ensure that water quality in coastal wetlands, rivers, streams, and estuaries is maintained if not impaired and improved if impaired." Policy 2, Page 131. "Coordinate the approval of local land development projects with applicable state agencies to ensure compliance with regulations to prevent or control nonpoint source discharges." Policy 5, Page 131. "Encourage the use of Best Management Practices for agriculture and land development." Areas of Environmental Concern: Policy 1, Page 132. "Support state and federal law regarding land use and development in Areas of Environmental Concern (AEC)." Policy 2, Page 132. "Within AEC, permit those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses include utility easements, docks, boat ramps, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy 4, Page 132. "Restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas." n i;aD P0211 North Carolina Department of Environmental Quality I Division of Coastal Management Z...D.E Q� Elizabeth City office 14015outh Griffin Street, Suite 300 I Ellzal tl Gl . larch ll, y' , 7J( ,] 7 7 uiva a l ea:! �m-,1 ll ( ii v `�� : Gi ogbaaan�a a.�u+ura� /'� 252,264.3901 Gowmer LI /1BF;TH S. RISER svc"lWy BRAXTON DAVIS bi refar September 7, 2021 MEMORANd U$9: NOR IH e;BRWOLINA EavirrrnMentaf Quality FROM. Gregg Bodnar, Assistant Major Permits Coo4nator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 286,�7 Fax: 752-247-3330 (Courier 04-18-33) Applicant. Benjamin & Judy McPherson Project Location: 1005 Small Drive in Pasquatank County Pro"sed Project, r<,xcavate a boat basin within high ground area, install a boathouse, construct a bulkhead along thsc basin shoreline, construct duckslhoardwalk and a garage. please iridieatn holow your agency's position or viewpoint on the proposed project and fi io G B nor at the address above by September 28, 2021, it you have any questions regarding the proposed project., contact Cynthia Rountree (262-264.3901, ext 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional co rnwrits 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 p,o) t tot reasons described in the attached comments PRINT NAME. Clif Whitfield AGENCY Public Water Sully Section SIGNATURE _ 9-� W_ _. oA 9-7-2021 RECEIVED* S E P 7 2021 NAP SECTION HD ROY COOPER Covernor ELIZABETH S. RISER sretetary BRAXTON DAMS Director September 7, 2021 MEMORANDUM. FROM: Gregg Dodnai•, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04.76.33) rewe.hodnar6bncdeni-.W& SUBJECT: CAMA/Dredge & Fill Review Applicant: Benjamin & Judy McPherson Project Location: 1006 Small Drive in Pasquotank County Proposed Project: Fxcavatc a boat basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Please indicate below your agency's position or viewpoint on the proposed project and return h "s form to gr = Bodnar at the address above by September 28, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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 AGENCYNC Commerce 7 DATE 9-7-21 �i�pcs�'g�"au� nuenw. 5PP 7 c0?1 North Carolina Department of Environmental' duality i Mvislon of Coastal Management Elizabeth City Office 1401 South Griffin Strut, SLdte3OO I Elizabeth City, North Carolina 27909 252, 264,'1901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 7, 2021 EMORANDUM; W a NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04.16-33) r SUBJECT: CAMA/Dredge & Fill Review Applicant: Benjamin & Judy McPherson Project Location: 1005 Small Drive In Pasquotank County SEP Proposed Project: Excavate a boat basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct dockstboardwalk and a garage. Please indicate below your agency's position or viewpoint an the proposed project and return this iorm,L Grecrg_Bodnar at the address above by September 2t3, 2021 If you have any questions regarding the proposed project, contact Cynthia Rountree (252.264-39D1, ext. 234) 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. 1 IIA4�0 ­r 0," PRINT NAME W& n da 14 1" 1 "6 1 AGENCY Sk-a-u 1` - SIGNATURE DATE Q. E � PP ui�nmem w �rmormrmd awLL� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South GriffIn Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 ROY. COOPER -Governor ELIZABETH S. BISER Secretary. BRAXTON DAVIS Director September 7, 2021 MEMORANDUM: NORTH CAROUNA krivlronmentgl Quality FROM: Gregg Bodnar. Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax.: 252-247-3330 (Courier 0446-33) greg&bodnar@nc-denr oar SUBJECT: CAMA/Dredge & Fill Review Applicant: Benjamin &,Judy McPherson Project Location: 1005 Small Drive in Pasquotank County Proposed Project: Excavate a boat. basin within high ground area, install a boathouse, construct. a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Please indicate below your agency's position or viewpoint on the proposed project and return this form to 9p9m Bodnar at the address ;above by September 28, 2021. If you have any questions.regarding the proposed project, contact Cynthia Rountree (252-264-390.1, ext. 234) 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 projectonly if the recommended changes are incorporated. See attached. This agency objects. to the project for reasons described in.the attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality R d SIGNATURE for Shannon Jenkins DATE S E P 2 3 2021 E North Carolina Department of.Environmental Quality I Division of Coastal Management 6Iizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 e��o�,;1 0�4 252,2643901 ROY COOPER Governor ELIZABETH.S. BISE.R Secretary BRAXTON`DAVIS Director September 7, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDE..Q - Division of Coastal Management 400 Commerce Ave., Morehead City, .NC 28557 Fax: 252-247-3330 (Courier 04 16-33) gregg.hodnarftcdenngay SUBJECT: CAMA%Dredge &. Fill Review Applicant: Benjamin &. Judy McPherson Project. Location: 1005 Small Drive in Pasquotank;:County Proposed Project: Excavate.. a boat basin within high ground area, install, a. boathouse, construct. a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Please indicate below your'agency's position or viewpoint on the'proposed project and return' this form to gM0 Bodnar at the address above by September 29, 2021. if you have any questions `regarding the proposed;project, contact Cynthia Rountree (252-264-3901, ext. 234). when appropriate, in-depth corimments 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 .lames Harrison AGENCY` NCDMF SIGNATURE �1rR.bYLG�Sr f (tiLf'Y(�r(tl'1� DATE 27 September 2021 F� V SEP 27 c021 a is,P!.'] S,ECT'bC'N P.1 Id"i ID North Carolina Department of Environmental Quality I Division of coastal Management QE. Elizabeth City Office 1401 South Griffin Street, Suite 300 l Elizabeth City, North Cargllna 27909 OiprLnm a EnxY0lenNAil4u.M, 252.264.3901 ROY COOPER Gmarrior JOHN NICHOLSON Intet hrr Secrehiry KATHY B. RAWLS Direvor TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: McPherson Residence, Pasquotank County DATE: 27 September 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit application for proposed actions that may impact fish and/or fish habitats. The proposed work is located at 1005 Small Drive, Elizabeth City, within Pasquotank County. The applicant is proposing to excavate a new 30' by 15' boat basin that will be approximately 3' deep. Around the perimeter of the boat basin, the applicant proposes to install bulkhead along 60 linear feet (LF) of the shoreline at approximately the normal water level (N WL). The boat basin will be covered with a 30' by 15 roof that is 10' high with no side walls. Under this structure, the applicant is proposing to install a boatlift. The applicant is also proposing to construct a 75' by 8' combination deck/boardwalk along the shoreline and a 75' by 4' around the perimeter of the boat basin. The proposed work is located within waters that are designated as Anadromous Fish Spawning Area (AFSA). Areas designated as AFSA have shown evidence of spawning of anadromous fish species, such as direct observation of spawning, capture of running ripe females, or indication of eggs or early larvae. Many of the anadromous fish species that utilize these areas are environmentally, recreationally, and/or economically important species, such as shad, herring, and sturgeon. The species that utilize these areas have often been found to exhibit specific habitat requirements — such as salinity, temperature, and water velocity — in order to successfully progress through the susceptible spawning and early life history stages. As such, it is critical that these supportive habitats be protected to the fullest extent possible. Because this area is designated as AFSA, DMF would be opposed to the proposed project unless the permit includes a moratorium on in -water work. The moratorium should prohibit in -water work from occurring from 15 February through 30 September. Inclusion of this moratorium should minimize the potential impacts to anadromous species that may result from the proposed work. Although not a requirement, DMF would also recommend that basin excavation be completed by leaving a "plug" at the mouth of the basin and removing this plug last. This will aid in minimization of turbidity increases. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonknedenr.gov with any further questions or concerns. State of North Carolina I Division of Marine Fisheries r n� y 3441 Arendell Street I PA. Box 769 1 Morehead City, North Carolina 28557 I r2 Ur 1 252-726-7021 ROY COOPER Coverwr ELIZA13t;'I H S. BISER SPCreto�'y: � - . BRAXTON DAVIS !)!rector September 7, 2021 MENiORANUUMt' NORTH CAROLINA. Cnvlronmental Quality . 21, bol ., bc� ; C) 1 FROM: Gregg Bodnar; Assistant Major Permlts,Coordinatvr NCDEQ - Division of CoastalManagement 400 Commerce Ave., Morehead City:, NC 28557 Fax: 252-247-3330 (Courier 04.16 3) g��.iic�#i t�;�r%?nccle>!rr; Gov SUBJECT: CAMA1Dredg6 & RfRsview Applicant: Benjamin & Judy McPherson Project Location: 1005`Smal[Drive ln: Posquotank County ;IV SEP 28 P021 Aim-P!,23ECTION MUD Proposed Project: Excavate s brat basin within high ground area, install: a boathouse, constnict a bulkhead along the basin shoreline, eonstract do.d.0/boardivalkand a g rage Please indicate below your: agency's position or viewpoint; on the, proposed project and return this form. to Gee Bodnar at the address above by Sapti ber 28 2021.`If you have any questions regarding the..proposed project, contact Cynthia Rountree (252-264-3901, ext, 234) when appropriate, in-depth comments'with suppod ng,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, wed, _S pan 1 t This. agency objects to the project. for reasons described: in the attached comments. _ PREfUTNAMI= ty)lti`t','� AGENCY SIGNATURE i �pf4 GSr,riac-b gip 1 r 1 -fix �gQNoriiv �isrnliita t�epartrttertt orLnviru�tincntral #�,uallty 1 1]ivisl6n ©f i:oasEiif MaitaQemcit# Unbolt City Qfficc 1401 South GrifRn Street, Suite300 I Elizabeth City, North Carolina 27909 iuc=nMa=.im =.v=ia.wYe 282-i64.3901 Bodnar, Gregg From: Moore, Bill Sent: Thursday, September 30, 2021 1:47 PM To: Bodnar, Gregg Subject: SW comments Hey Gregg, Based on the info provided in the CAMA Major applications, the following projects are exempt from state stormwater permits: SW7210814 — Dare County Oregon Inlet Channel Maintenance SW7210903 — Buxton Beach Nourishment SW7210901— Benjamin McPherson SW7210902 —Avon Beach Nourishment SW7210905 — NC Wanchese Marine Industrial Park, minor excavation Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square. Mall Washington, NC 27889 Phone: (252) 946-6481 Qlnpaxtnu.ik�'a[ £�rirammc�ri31 Cluali�7t Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Received.9/29/2021 Historic Preservation Office ROY COOPER .Gnuernor ELIZABETH S. BISER Secretary BRAXTON DAVIS D.frector September 7, 2021 MEMORANDUM. NORTH CAROLINA Cnvlroitmentol Quality ER 21-2231 FROM: Gregg Bodnar; Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Ave.; Morehead City, NO 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg,bodnar(ftcdenngov SUBJECT: CAMA/Dredge & Fill Review Applicant: Benjamin & Judy McPherson Project Location: 1005 Small Drive in Pasquotank County Due: 10/7/2021 10/04/2021 No comment — NCH No comment — DLB Proposed Project: Excavate a boat basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Please indicate below your agency's position or viewpoint on the. proposed project and return this farm to Gre Bodnar at the' address above by SepteMber 28, 2021. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X . This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley Historic Preservation Office AGENCY �� E SIGNATURE �=�` DATE 10/05/2021 OCT F, �021 1 00N RI N North Caroltna Department or: Environmental Qualtty 1 Division orCoastal Management D E Elizabeth city office 14011 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 n�riCwadwn - � . o,prun�f ol[midunintil0oe9 �S 252.2643901 ROY COOPED, Governor JOHN NICHOLSON in terim Secretary S: DANIEL SMITH Director Benjamin a ,,. ,ddy McPherson 1005 Small Drive . NORTH C;AROLINA Environmentai'Quality November 10, 2021 DWR # 2021-1345 Pasquotank County P.O. Box 2447 'Mh-abeth City, NC 27909 Subjei f: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Excavate a boat basin within high ground area, install a boathouse, construct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Dear Mr. & Mrs. McPherson: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on September 7, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. 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) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Attached Permanent Temporary Open Water - Shaded S-1 .01 (acres) 0 (areas) Plan Sheets 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(t)] 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance, including exact dates and North Carolina Department of Environmental.Quality I Division.of Waterltesources Jl Washington Regional Office 1 943 Washington Square Mali I Washington, North Carolina 27889 .aani CAROUNA �` �/ GGG"'' oeoarvnen�o�Env�rncnfti 4wfi 252.946.6481 x O % 4" �� 24.30� (m y' EXI G 31.55. P a� %:oag x,4oe o 2 STORY �0� ose / :, N DWELLING - 30�'"CAMA_ 41 Co zc. BUFFER' 24.255 43.25" � 4 .31 � ieo r 1 r; PORCH N x"Clp0 CgRgGEo / 50'. MBL !2 FEMA. ZONE. + 4S Q0 % �. SHADED ;X. CONTROL �60. 10' MCORNER TIE TO EIR E!R &,� 14 gyp, 68.34' EIR 124.80 -15 15 8.,. \ EIR N7.4' Of 00"�, S74' 2S 3WE TRANSFORMERI TEL: PED: CATS' PED. TIE TO MAG NAIL S69' 30' 46"W PROPOSED BOAT HOUSE/CANOPY \ SMALL DRIVE - SR_1270 (6.01 R/V1!) PROPOSED W DECK GRAPHIC SCALE EL. = 260' 50 0 25 50 100 (' 1N :FEET ) 1 Inch = 50 fL PRPPI ES. SITE PLAN FOR BEN]AMIN K. & JC1DY L. MCPNERSON PROPOSED BASIN CROSS SECTION (NOT TO SCALE) BEING LET 4, lllEWBEGUN LAl11D, .M. B. '8, SLD, 4.6 MAG NAIL Q SET IRON RERAR (SIR). PROPERTYLINE PROPERTY EXTENSION - — RIGHT OF WAY Nom WATER' LEVEL) CURVE TABLE CURVE ARC LENGTH RADIUS I TANGENT DELTA, I.CHORD BEARING I CHORD LENGTH. C1 107 fit' 50.00- 1 M71 123-19*23" NST 44' 24"W 88:02' — — — — -- SETBACKS I NOW OR FORMERLY EXISTING SHORELINE �� l F, ,MARKHAM SMALL &. SEC �� l M R061N. EUSTACE SMALL '? D.B: 787, RG: 395 �g S74' 02'.0.0"E 156.41' EIR. — 10`MBL x p0 PROP Ei}EGK EXI5TENG: m" qo %a°' �* ' 10'x16' NOW OR FORMERLY SHED f4 RONALD W, SMITH & PROP. 4' DECK g DIANNE SMITH xsei: t 45056 SF D.B. 591.-PG. 447 G Gw d _a AelS�.. %xza EX. WELL. EX. SHORELINE % 9-5-2018 * 0.74 �yh x 0.9E 66 x_Q91 145. � X THIS DRAWING PREPARED AT THE ELIZABETH CITY OFFICE. 1805 West City Drive. Unit I Elizabeth City; NC 27909 TEL 252-621.5030 WWWAimmons.com E-1652 Date: May 8, 2021 1 Scale 1 " 50' i; THROW. 'i W". Sheet 1 of 1 J.N. 42280 . Drawn by. J. Mizelle Checked by: J. Mizelle TIMMONS GROUP.••'*o :^+. ROY COOPER Governor ELIZABETH S. BiSER Secretary. BRAXTON'DAVIS Director September 7, 2021 MEMORANDUM: NoR Tkl CAROLINA En vlronmen tal Quality FROM: Gregg Bodnar; Assistant.Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, IBC 28557 Fax: 252-2.47-3330 (Courier 04-16-33) greggladnar0ricdenn oy SUBJECT: CAMA/Dredge & Fill Review Applicant: Benjamin & Judy McPherson Project Location: 1006 Small Drive in Pasquotank County Proposed Project, Excavate a boat basin within high ground area, install a boathouse, eonstruct a bulkhead along the basin shoreline, construct docks/boardwalk and a garage. Please indicate.below your agency's position or viewpoint on the proposed project and return this farm to. Gregq Bodnar at the address above by September 28, 2021, If you have any questions regarding the proposed project, contactCynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments With.supporting,data.is requested. REPLY: X I This agency has no objection to the project as proposed. "Additional comments may be attached" SAW 2021-02002 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 . Raleigh W. Bland SPWS AGENCY USACE-nnRG`-W SIGNATURE DATE January 18, 2022 _ North Carolina Department of Environmental Quallty I division or Coastal Management D Elizabeth City office 1 401 South Griffin Street, SWt.e.300 I Elizabeth City, North Carolina 27909 252.264:3901 Bodnar, Gregg From: Bland, Raleigh W CIV USARMY CESAW (USA)<Raleigh.W.Bland @usace.army.mlI> Sent: Sunday, January 23, 2022 1 0:24 AM To: Bodnar, Gregg Cc: Bland, Raleigh W CIV USARMY CESAW (USA) Subject: [External] CAMA - Benjamin Judy McPherson in Pasquotank County.pdf Attachments: CAMA - Benjamin Judy McPherson in Pasquotank County.pdf CAUTIOW Uternal'email. Do not:click links or openattachments unless you verify: Send`all suspicious email as an attachment to Report Spam: SAW 2021-02002 I Will get Hewitt to you first thing Monday morning. Thanks! From: Cynthia Rountree fa: Bodnar,Gregg; Renaidi. Ronald Subject: RE: McPherson Y ` Hate: Tuesday, November 30, 20214:41:53 PM Attachments: imaggOOl.pnoGi(o,�� 7CJ That sounds good.. Environmental Specialist 11 401 S. Griffin St., Suite 300 Elizabeth City, NC 27909 (252)264-3901 ext. 234 cynthia.rountree@ncdenr.gov From: Bodnar, Gregg Sent: Tuesday, November 30, 20214:37 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Cynthia Rountree<cynthia.rountree@ncdenr.gov> Subject: RE: McPherson I will figure that portions over the water and over land added up to the 6 foot wide over land unless Cynthia comes back with concerns. If not I will have a draft to you asap. Thanks, G From: Renaldi, Ronald <ranald.renaldi denr.gQy> Sent: Tuesday, November 30, 20214:13 PM To: Bodnar, Gregg <gregg.bodnar(@ncd_enr_goy>; Cynthia Rountree <evnthia.rountreeCU)ncd�nr gov_> Subject: RE: McPherson If I remember correctly, it does not. Some of the S' wide section is over water, so the remainder over land would be considered boardwalk. You can have up to a 6' wide boardwalk along the shoreline in addition to the 200 sf. Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management NC Department of Environmental Quality Ronald. Renaldi _ncdenr._gQy (252)264-3901 Cynthia Rountree From: Ben McPherson <bigben180@yahoo.com> Sent: Friday, October 29, 2021 1:46 PM To: Cynthia Rountree Subject: [External] Re: plat for major permit Yes please. I am overwhelmed at work right now. On Friday, October 29, 2021, 01:43:32 PM EDT, Cynthia Rountree <cynthia_rountree@ncdenr.gov> wrote: Ben, Would you like to give us permission to just update the dimension for the boathouse on your plat to expedite that portion for you. if you have any questions please let me know. Sincerely, Cynthia Cynthia Rountree Environmental Specialist 11 =401 S. E.�f in St.. 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