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HomeMy WebLinkAbout135-21 Smith, James & JanePermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 135-21 Issued to James and Jane Smith, 3324 Jura Lane, Fayetteville, NC 28303 Authorizing development in Carteret County at adi. to Newport River, at 144 Grady Lane, in Beaufort , as requested in the permittee's application dated 5/21/21, including attached workplan drawing (1), Sheets 1 of 1 dated 3/22/21. This permit, issued on October 1, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the pier platform and lift, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_///w� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. of Permittee James and Jane Smith ADDITIONAL CONDITIONS Permit No. 135-21 Page 2 of 4 3) 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. 4) This permit authorizes a maximum of one (1) formalized boat slip. 5) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lift at a minimum height of 18" above the bottom substrate to prevent the boat lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. 6) No attempt shall be made by the permittee to prevent the full and free use by the public'of all ifavigable waters at or adjacent to the authorized work. 7) 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. Oyster Relocation 8) To reduce direct impacts to oyster resources, the permittee shall, in consultation with NC Division of Marine Fisheries, relocate all oysters falling within the footprint of pilings to an area immediately adjacent to the project area. Upland Development —Retaining Wall 9) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the retaining wall, all as expressly and specifically set forth in the attached permit application and workplan drawings. 10) The retaining wall shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 11) No vegetated wetlands or open water shall be excavated or filled, even temporarily. 12) The alignment of the authorized retaining wall 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. 13) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 14) The retaining wall shall be constructed prior to any backfilling activities. 15) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. 16) This permit does not authorize any excavation waterward of the approved retaining wall alignment. James and Jane Smith Permit No. 135-21 Page 3 of 4 ADDITIONAL CONDITIONS 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 retaining wall. 19) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted retaining wall. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. — 21) 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. 22) 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 retaining wall cap immediately following completion of backfilling activities. USACE Conditions 23) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleighlpdfs/ManateeGuidelines20l7.pdf. General 24) 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. 25) 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 appropriate waste receptacles in an upland location. 26) 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-2020-00621). 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. 2021-0738. James and Jane Smith ADDITIONAL CONDITIONS Permit No.135-21 Page 4 of 4 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: Permit #: Z MAILING DISTRIBUTION SHEET / 'iC �3 3 'low S.t?C�t 337/� 1 !� Garr I:;✓/iYYvrl� 2 0 Agents: ' ON5:dr' d 62Llsbdelct..t 1461�mw— 4-- -nc M".in v_ DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City 7%�— Wilmington (OBJECTIONS 3r(C6 ) ,rr�i'f J�C US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) �i�iz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Vee Gledhill -Earley at Environmental.Review@ncdcr.gov / #leidi Cox (WIRO) Clif Whitfield (WARO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan , Jimmy Harrisoily Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater / Garcy Ward- (NCDOT-Beaufor(, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage /Prrogram�" Rodney Butler LPO: %+1� CTGtcrrCl (NCDOT) Travis Wilson DCM MP-1 APPLICATION for Major Dovolopment Permit (last revised 12'27;06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A n/a Applicant 1: First Name MI Last Name James W. Smith Last Name Applicant 2: First Name MI Jane M. Smith N additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 3324 Jura Lane Fayetteville NC ZIP Country Phone No. FAX No. 28303 USA 910 - 850 - 4530 ext. n/a n/a - Street Address (if different from above) City State ZIP n/a Email wsmith@biztoolsone.com 2. Agent/Contractor Information Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B Vinson Agent/ Contractor 2: First Name MI Last Name We Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. We 252 - 354 - 4916 ext. n/a FAX No. Contractor # 252 247 5875 n/a Street Address (if different from above) City State ZIP n/a Email kbvinson@ec.rr.com RECEIV <Form continues on back> MAY 21 2021 DCM_Mun nr, 2 5 2 - 8 0 8 - 2 8 0 8 .. 1-8880:. 91 .. .vwv:, n, c o a s t a l m a n a g e m e n t. in et Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 144 Grady Dale Lane n/a Subdivision Name City State Zip We Beaufort NC 28516 - Phone No. Lot No.(s) (If many, attach additional page with list) We - ext. n/a, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Newport River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Newport River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Town of Beaufort 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 198 62,172 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) +3' ®NHW or ❑NWL e. Vegetation on tract Trees, grass, landscaping vegetation, wetland vegetation f. Man-made features and uses now on tract House and shed g. Identify and describe the existing land uses adiacent to the proposed project site. Single-family residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning compliance certificate, if applicable) []Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? n/a I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED MAY 21 2021 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagem06MaMHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Individual ground absorption sewage disposal (septic) system o. Describe existing drinking water supply source. Town of Beaufort water system p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Docking facility will provide water/boating access for owners. The purpose of the proposed fill is to level the back yard and drain water away from the existing residence. The bulkhead/retaining wall will confine the proposed fill and prevent spillage into wetlands. 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. One barge with pile -driving equipment will be used for construction of the dock and stored in deep water, construction of the retaining wall and placement of fill will be accomplished with a small trackhce, dump truck, and front-end loader to be stored on high ground. A mini -excavator will be used with protective mats to construct the section of pier over wetlands. d. List all development activities you propose. Construction of a dock with platform and boat lift, placement of fill in back yard, construction of bulkhead/retaining wall to retain fill. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 14,250 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow into the Newport River I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. is there any mitigation proposed? []Yes ®No LIMA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED 252-808.2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Daniel L. and Cade Facciola Phone No. Address 115 Windy Oaks Lane, Beaufort, NC 28516 Name Jeanette R. Holland Phone No. Address 146 Grady Dale Lane, Beaufort, NC 28516 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. None known. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, it 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 funds 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. I further certify that the irformaton provided in this application is truthful to the best of my knowledge. Date 'S_,/d / la" / Print Name _Kathy B. Vinson, agent Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED MAY 21 2021 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoasta lmanagement. net i4 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 One retaining wall, length = 226 LF, width =12". Elevation of the top of retaining wall, along with backfill, will vary up to 4.6 NLW as required to faciliate drainage and to best ensure preservation of existing trees.Exposure height of retaining wall will be 12" or less on waterward side. Due to limited height exposure tiebacks are not anticipated to be needed. Amount of fill proposed within the AEC based on depth and fill area size = 14,250 sf x 0.33 ft = 4,700 cf = 174 cy c. Density (give the number of residential units and the units per acre). n/a e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before fanddisturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes []No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. No new impervious surfaces are proposed i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. n/a j. Describe proposed method of sewage disposal. The project site is currently served by an individual ground absorption sewage disposal (septic) system. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 14,250 sf f. List the materials (such as mad, paver stone, asphah, or concrete) to be used for impervious surfaces. No new impervious surfaces are proposed. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. RECEIVED m. Does the proposed project include an innovativeMAli "PTI 2021 design? 252-808.28082 :: 1-888-4RCOAST :: www.nccoastalmanagement.net DCM-MHD CITY revised: 12126/06 Form DCM MP-3 (Upland Development, Page 2 of 2) commercial effluent, "wash down" and residential discharges). Sheet flow run-off into the Newport River m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Project site is currently provided drinking water by the Town of Beaufort water system. o. When was the lot(s) platted and recorded? April 8, 1987 May 21, 2021 Date Smith Dock Project Name James W. and Jane N. Smith Applicant /Name ca� Applicant Signa ❑Yes ®No ❑NA If yes, attach appropriate documentation. n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RECEIVED MAY 21 2021 DCM-MHD CITY 252.808-2808 :: 1-888-4RCOAST :: wviw_nccoastalmanageme_nt.net revised: 12126/06 3.7Tr �1 pill t12t`d a! STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 570' (measured from Proposed retaining wall (iv) Width 6' (v) Floating []Yes ®No e. (i) Are Platforms included? ®Yes []No If yes: (ii) Number 1 (iii) Length 20' (iv) Width 20 (v) Floating []Yes ®No Note: Roofed 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: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 20' to 24' m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? []This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (1) Are Boatlifts included? ®Yes []No If yes: (ii) Number 1 (iii) Length 12.5' IN) Width 13.5' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips") only, number of slips: 1 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout I. (i) Will the facility be open to the general public? []Yes ONo DCM-MHD CITY 252-808-2808 :: 1-888r4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/NARINA OPERATIONS El This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. - I El Office Toilets A I l�� ❑ Toilets for patrons; Number: _; Location: 111"`rrr O/r �Showers fA� ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. Trash receptacles located on highground d. How will overboard discharge of sewage from boats be controlled? None e. (i) Give the location and number of "No Sewage Discharge" signs proposed. None (ii) Give the location and number of "Pumpout Available" signs proposed. None f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and 'No Wake" signs proposed. None I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? None k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? Not marina RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No MAY 21 2021 DChillIIAH-D GITY 252-808.2808 :: 1-888-4RCOAST :: www,nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shelf bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 1,752 shaded ❑SAV ®SB 360shaded ❑WL _ ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (if) Number (iii) Length (iv) Width Note: Roofed areas are calculated from di iptine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (if) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, i/ present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAY 21 2021 DCM-MHD cn 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 57' to the north, 55' to the south Note: For buoy or mooring piling, use arc of swing including length ofvesseL c. Width of water body 6200' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 12Z to the north, 528' to the south. d. Water depth at waterward end of structure at NLW or NWL -1.8' NLW & OTHER ®This section not applicable a. Give complete description: 3'la� la va � Date Smith Dock Project Name James W. and Jane M. Smith Applicant Name �-Y 1 `� • �'LNAr� f QN Ghl App r cant t SignaLl RECEIVED MAY 21 2021 ')CM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastatmanaaement_net revised: 12/27/06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Smith, James and Jane COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT: 144 Grady Dale Lane, Beaufort, Carteret County. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-12-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Styron DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 CK #1344 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-1-21 END OF NOTICE DATE: 8-21 21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 8-23-21 150 DAY DEADLINE: EMAIL OUT DATE: 7-26-21 STATE DUE DATE: Mich or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM — Field Rep itAqzt •}Io'S DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch q wl/ LI DWR-401 Section 91306 poll --d138 DWR— PublicWaterSupply [ Ilk DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section 8( N k DMF — Habitat & Enhancement 194 �17P I U or ( (,W DNCR—Archives & History �3IL I DNCR —Natural Heritage Program NCDOT NC Dept of Commerce t(t ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director DATE: July 28, 2021 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Heather M. Styron NORTH CAROLINA Environmental QuaQty MEMORANDUM SUBJECT: Comments and Recommendations - CAMA Major Permit -James and Jane Smith, 144 Grady Dale Lane, Beaufort Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the construction of a pier, platform, one slip with boatlift and a retaining wall within and along the Newport River in Beaufort, Carteret County. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of the Newport river area are open to shellfish harvest and is not designated as a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: • All development shall be constructed as shown on plats dated 3/22/2021 and accepted as complete by DCM on 5/21/2021. • No more than 1 slip shall be authorized. • All work shall not exceed the existing pier head length (adjacent neighbor approximately 545' from NHV) and remain a minimum of 15' from riparian access lines. • The retaining wall shall be constructed landward of any coastal wetlands. • All care shall be taken to disturb coastal wetlands any oyster resource as minimal as possible during construction. owwmmia urremm.nwoww� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnarONCDENR.gov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County Proposed Project: The applicant is proposing to construct a 1 slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick Division of Coastal Management AGENCY () SIGNATURE SL A i DATE 8/4/2021 D Q� AUG 4 2021 North Carolina Departmentof EnvironmentalQuality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2578082808 Pftk e ROY COOPER Commor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator RLI.— CEIVED Division of Coastal Management FROM: Rachel Love-Adrick, District Planner AUG 4 2021 Division of Coastal Management ILK SUBJECT: Major Permit Request by James &Jane Smith MP SECTION MHD DATE: August 4, 2021 Consistency Determination: The request is consistent with/not in conflict with the Town of Beaufort Core Land Use Plan certified by the CRC on January 26, 2007. Overview: The project site is a 1.4-acre (62,1 72sf) tract located at 144 Grady Dale Lane, Beaufort, Carteret County; adjacent to the Newport River. Existing development includes a home, driveway, and on -site wastewater system. The property shoreline is not stabilized, has an elevation is 3' above NHW Areas of Environmental Concern (AECs) involved include Public Trust Area (PTA). The property has 198' of shoreline along Newport River, and 198' x 200' + expanse of coastal wetlands along the shoreline. Water depths within the project area range from .2 to 1.8 depending on location. The Newport River's surface water classification is SA, HWQ. The site is not designated as a Primary Nursery Area and is open to the taking of shellfish. There are shellfish resources within the project area. No SA V were observed within the project area. There are no known historic or archaeological areas of value known within the project sites. The applicant is proposing to construct 226' retaining wall along the high ground as well as a 1-slip docking facility with pier, platform and boatlift into the Newport River. The 226' retaining wall would be located landward of coastal wetlands, have a width of 12inches, a height of 4.5 ' above normal low water and fill a total of 14,250 sf of high ground. The proposed 6' wide pier would extend from the retaining wall for 570' (525 ' from NHW) over coastal wetlands, a 20' x 6' section of oyster and would then intersect a 20' x 20' 1-head platform. The applicant is proposing a 13 ' x 14' boatlift along the north side of the platform. Water depths within the slip area D_EQ�iuoam uaauun .North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue.I Moorehead City, North Carolina 28W 252.808.2808 are -1.8' nlw. All work would not exceed a maximum of 545' from NHW and remain within the existing pier head length of the neighbor's pier to the south. Anticipated impacts The development would incorporate and shade 1,182 sf of shallow bottom habitat, disturb 14,250 sf of high ground, shade and incorporate 2,544 of coastal wetlands and shade and incorporate 186 sf of shellfish beds. The proposed docking facilities would not interfere with navigation and would remain within the existing pier head length of the adjacent pier to the south. There should be no impacts to wetlands, shellfish or SAV resources. Basis for Determination: The project site is located in the Town of Beaufort subject to the 2006 Town of Beaufort Core Land Use Plan. The Future Land Use Map (FLUM) designates the site as Mixed Use (Land) and Conservation/Open Space (AECs). The following LUP policies may be applicable to this request: 4.2.6 Areas of Environmental Concern Policy 1: "The Town of Beaufort supports state and federal law regarding land use and development in AECs". Policy 2: Beaufort will only permit uses in coastal wetlands which are authorized by 15A NCAC 7H. Policy 3: "Beaufort supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207". Policy 6: "Construction of boat ramps, piers, and bulkheads within conservation -designated areas will be allowed if 15A NCAC 7H use standards and local ordinances are met." & nCEIVE® AUG 4 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 o�mmu.emmewmmn� /' 252808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) gregg.bodnarONCDENR.gov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County Proposed Project: The applicant is proposing to construct a 1-slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water SIGNATURE ''rye. r�sc vn DATE 812121 D Q� RECEIVED AUG 3 2021 MP SECTION MH® North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2528082808 ROY COOPER covernor ELIZABETH S. BISER serremr' BPAXTON DAVIS Obrrty. July 30, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12-09) gregg. bod n ar((D N CDE N R.gov SUBJECT: CAMA Application Review Applicant: Smith. James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County Proposed Project: The applicant is proposing to construct a 1-slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greon Bodnar at the address above by August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216- when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed - "Additional comments may be attached" x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated See attached This agency objects to the project for reasons described in the attached comments PRINT NAME Lee Padrick AGENCY NC Commerce SIGNATURE � DATE 8-3-21 FZE f "'N ED AUG 4 2021 C' rx SEEC i @CPS IliHD North Carolina Department of Envronmental Quality � DMslon of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM: a. NORTH CAROLINA Environmental Quallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arena.bodnarlAINCDENR.aov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County. Proposed Project: The applicant Is proposing to construct a 1-slip docking facility with pier, platform, boatiift and a retaining wall along the high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by'Af19Usf 20, 2021.E If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME w0-"X—A4 1�inl�Gtd AGENCY bk'Q#T. ?AA4Uei9J SIGNATURE LUO,v.dm tL: ,SLd, DATE Q.I� I\t X614 =D_EQ29 RECEWED AUG 1 1 2021 North Carolina Department of Environmental Quality 1 Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director July 30, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator .NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areas. bodnar(WNCDENR. gov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County Proposed Project: The applicant is proposing to construct a 1-slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. 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 August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE 9YG_e )Z, DATE 20 August 2021 AUG 2 0 2021 North Carollna Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557 �nam,eom�waum� 25ZB08.2808 ROY COOPER Governor JOHN NICHOLSON Interim Secretary KATHY B. RAWLS lNrector MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Smith Dock and Boatlift, Carteret County DATE: 20 August 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located at 144 Grady Dale Lane, Beaufort, within Carteret County. The applicant is proposing to construct a 226' retaining wall along the high ground as well as an L-shaped slip docking facility with a pier, platform, and boatlift. The pier would be 6' wide and extend 570' from the retaining wall, over coastal wetlands and a 20' by 6' section of oysters. The applicant is proposing a 13' by 14' boatlift along the north side of the platform. Water depths within the project area range from 0.2' to 1.8' normal low water (NLW), and are approximately 1.8' NLW within the slip area. DMF recommends that any impacts to oysters be avoided to the fullest extent possible. For example, the design could include avoiding installation of pilings within the oyster beds. Additionally, DMF recommends that the pier be extended to reach 2' NLW at the slip area. If this isn't possible, the lift should include stops at 18" in order to ensure there are adequate depths during use, minimizing impacts to shallow habitat. The inclusion of stops can also help to prevent the intermittent reduction of shallow habitat. Furthermore, these will prevent the potential for increased sedimentation in the nearby oyster habitat that can result from use of the lift during shallow water conditions. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at 4ames.harrisonOncdenr.gov with any further questions or concerns. AUG 2 U %P?i MP SECTION MHD State of North Cardin I Division of Maine Fisheries 3441 Arendell5trat I PA. Box 769 I Morehead City, North Carolin 28557 252-726-7021 ROY COOPER covernnr ELIZABETH S. BISER 511101117 BRAXTON DAVIS W MaOr July 30, 2021 NORTH CAROLINA Environmental Quality C. a�.L)23,u3'm FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greag. bodnaKg.NC DEN R.gov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County. Proposed Project: The applicant is proposing to construct a Islip docking facility with pier, platform, boatlift and a retaining wall along the high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. when appropriate, In-depth comments with supporting data is requested. REPLY: This agency has no abjection to the project as proposed. "Additional comments may be attached"' Ths agency has no comment on the proposed project. is 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 M, r k I • !7Nn n AGENCY l.4J tLC SIGNATURE DATE 2� - 24,24 zCEIV ED AUG 2 3 2021 Notth Carolina DepartmentofEtwtronmental Quality I DN-isionof Coastal Management Morehead City Office 1 400 Commence Avenue I Moorehead City. North Carolina 28557 252.808.2808 North Carolina Wildlife Resources Commission 5 Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar?, Division of Coastal Management b North Carolina Department of Environmental Quality AUG 2 3 2021 FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division tia P 3,;:.�- DATE: August 24, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for James Smith, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources.Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 144 Grady Dale Lane adjacent the Newport River in Beaufort, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicant proposes to construct a one -slip docking facility in the Newport River in conjunction with a 226' retaining wall along uplands. The 6' by 570' pier would extend from the retaining wall crossing over coastal wetlands and a 6' by 20' section of oysters to intersect a 20' by 20' L-head platform. A 13' by 14' boatlift along the north side of the platform would have water depths -1.8' NLW. The Newport River in this location is classified SA HQW by the Environmental Management Commission and are open to shellfish harvesting. The NCWRC has reviewed the permit application and does not object to the retaining wall construction and overall concept of a one -slip docking facility. However, we do have concern with the location of the slip and water depths in the area. The application stated no SAV were in Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 hP2 the area but did not state a SAV survey had been conducted. The facility is also within or near open shellfish waters; therefore, measures should be made to minimize impacts to sensitive habitats. Ingress and egress of vessels to a shallow slip would likely be a source of chronic sediment disturbance. Relocating the boatlift and slip to -2' NLW depths would reduce this potential. Further reduction of impacts could be achieved with a reduction of pier width over coastal wetlands. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnAncwildlife.orQ RIECEIVED AUG 2 3 " MAP SECTION Nwi i ~t ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(DDNCDENRgov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County Proposed Project: The applicant is proposing to construct a 1-slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. 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 August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Myers AGENCY N MF- Shellfsh Sanitation and Recreational Water Qualitv SIGNATURE for Shannon Jenkins DATE 8/20/2021 rvt+++�+caAo: r RECEIVED AUG 2 3 2021 MP SECTION WD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557 252.8082808 ROY COOPER Governor ELIZABET 4 S. BISER secretory BRAXTON DAVIS Director July 30, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality Received: 8/23/2021 Historic Preservation Office ER 21-2006 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, INC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar _NCDENR.gov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County. Due: 8/30/2021 Proposed Project: The applicant is proposing to construct a 1-slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. 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 August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY State Historic Preservation Office SIGNATURE 1° Q DATE September 2, 2021 RECEIVED S E P 3 2021 WJP SECTION MHD North Carolina Department ofErrvlmnmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 2528082808 ,1, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 September 20, 2021 Regulatory Division Action ID No. SAW-2020-00621 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED SEP 2 0 2021 IVIP SECTION MHO Reference the application of James W. and Jane M. Smith to construct a new, single slip docking facility, in waters of the Newport River, at 144 Grady Dale Lane, in Beaufort, Carteret County, North Carolina. Specifically, the proposal is to construct a 6' wide X 570' long access pier (525' waterward of NH W) over coastal wetlands, and a 20' x 6' section of oyster rock, with a 20' x 20' platform. The applicant is proposing a 13' x 14' boatlift along the north side of the platform (located at the end of the pier). The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htti s://www.fws. ovg/raleigh/pdfs/ManateeGuidelines20l7.pdf 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. _ w r -2- 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 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 N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9.The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 IF1�) SEP 2 0 2021 UP SZCTION W a® :Im� -3- saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Z. Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished: USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Mr. Gregg Bodnar NCDEQ/DWR; Ms. Holley Snider USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood SEP 2 0 2021 WIP SECTIOM I IHD Oocd:;n.EnvelopelD:41A4EB7E-F657�E6A-ACBD471816A83A47 ROY COOPER Governer ELIZABETH S. BISER Secretary S. DANIEL SMITH Director James and Jane Smith 3324 Jura Lane Fayetteville, NC 28303 NORTH CAROLINA Enrlron ta/Quapty September 24, 2021 ■ ECEIVED SEP 3 0 2021 MP SECTION NIHD D W R # 20210738 Carteret County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 144 Grady Dale Lane — Newport River Dear Mr. & Mrs. Smith: You have our approval for the impacts listed below for the purpose described in your CAMA application dated May 21, 2021, received by the Division of Water Resources (Division) July 30, 2021. The application proposes to construct a residential docking facility to provide dockage for one vessel. The proposed project is located within the waters of the Newport River which are class SA;HQW waters by the DWR. These impacts are covered by the attached Water Quality General Certification Number4175 and the conditions listed below. This certification is associated with the use of General Permit No. 198000291 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) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [35A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Plan Location or Permanent Reference 404/401 Wetlands 2,544 sq.ft. shaded/incorporated Project narrative, plan dated 3/22/2021 Open Water/Shallow Bottom 1,000 sq. ft. shaded Project narrative, plan 1,362 sq. ft. incorporated dated 3/22/2021 D E Q North Carolina Department of Environmental Quality Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington, North Carolina 28405 �� ��++�� 910.796.7215 .. . . . DocuSign Envelope ID: 41A4EB7E-FB574E6A-ACBD-471B1BA83A47 DWR20210738 Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions 115A NCAC 02H .0507(c)]: 1. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality Standards for Class SB Waters.(12) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0222] Citation: 15A NCAC 02B .0211; 15A NCAC 02H .OS06(b)(1); I5A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S.143-215.5 This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: RECEIVED William F. Lane, General Counsel SEP 3 0 2021 PIP SECTION WID DocuSign Envelope lD:'41A4EB7E-FB57.4E6A-ACBD471B18A83A47 _........., __._----- --- ....,.. DWR20210738 Page 3 of 3 Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215, Holley.Snider@ncdenr.aov if you have any questions or concerns. Sincerely, CDmu5t9netl by: _Z `TV+ A*tti 7F141EMBF3456... For Morelia Sanchez -King Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 4175 cc: Kathy Vinson (via email) Gregg Bodnar, DCM Asst. Major Permit Coordinator Sarah Hair, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC (via email) DWR 401 & Buffer Permitting Unit RECE WED O E P 3 0 2021 RAT S2ECTION 6I;HD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: James and Jane Smith c/o Coastal Planning Services. Inc. 2. LOCATION OF PROJECT SITE: 144 Grady Dale Lane, Beaufort, Carteret County State Plane Coordinates - Longitude:-76.661 Latitude: 34.740 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/11/2021 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete—6/9/2021 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Beaufort Land Classification from LUP — Single Family Residential (B) AEC(s) Involved: PTA (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Onsite wastewater System Planned - none (F) Type of Structures: Existing — driveway and house Planned — retaining wall, pier, platform and 1 slip with Boatlift 7. HABITAT DESCRIPTION: FILLED (A) Shallow bottom n/a n/a 1000sf shaded 1,182 INC (B) High Ground n/a 14,250sf n/a (C) Shell fish bed n/a n/a 180sf shaded/Inc (D) CW's below NHW n/a n/a 2,250sf Shaded/Inc (E) CW's above NHW n/a n/a 294sfShaded/Inc (D) Total Area Disturbed: 3906 square feet (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Open to shellfish harvesting along Newport River rovI "ia[GIIIC,ISM1uT/F.11IM 1 The applicant is proposing to construct a 1-slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. There is currently a single family residence with driveway and typical lawn grasses on this property. No written concurrence and no fee split for DWR GC 4175 was required. 9. Project Description The existing 1.4-acre (62,172sf) tract is located at 144 Grady Dale Lane, Beaufort, Carteret County. The project area is found by following the Highway 70 extension from Morehead City to Beaufort, crossing the new bridge and turning left onto highway 101 in Beaufort. Continue on highway 101 for approximately .51 miles (2700 feet) until you reach Copeland Road. Turn left onto Copeland road and follow for .33 miles (1,781ft) until you see Grady Dale Lane on the left. The property will be located at the end of this road and slightly to the right. The property shoreline is not stabilized, has an elevation is 3' above NHW and has a 198' x 200' + expanse of coastal wetlands along the shoreline. The property has 198' of shoreline along Newport River. The waters of Newport River adjacent to the project areas are classified as "SA, HQW" by the Division of Water Resources, are not classified as a primary Nursery Area and according to the maps provided by the Shellfish Sanitation Section of the NC Division of Marine Fisheries, the waters of Newport river are predominately open to shellfish harvesting adjacent to the proposed project. No SAV were observed within the project area. There are no known historic or archaeological areas of value known within the project sites. Water depths within the project area range from .2 to 1.8 depending on location. 10. Proposed Project The applicant is proposing to construct 226' retaining wall along the high ground as well as a I- slip docking facility with pier, platform and boatlift into the Newport River. The 226' retaining wall would be located landward of coastal wetlands, have a width of 12 inches, a height of 4.5' above normal low water and fill a total of 14,250 sf of high ground. The proposed 6' wide pier would extend from the retaining wall for 570' (525' from NHW) over coastal wetlands, a 20' x 6' section of oyster and would then intersect a 20' x 20' 1-head - platform. The applicant is proposing a 13' x 14' boatlift along the north side of the platform. Water depths within the slip area are -1.8' nlw. All work would not exceed a maximum of 545' from NHW and remain within the existing pier head length of the neighbor's pier to the south. 11. Anticipated Impacts: The development would incorporate and shade 1,182 sf of shallow bottom habitat, disturb 14,250 sf of high ground, shade and incorporate 2,544 of coastal wetlands and shade and incorporate 186 sf of shellfish beds. The proposed docking facilities would not interfere with navigation and would remain within the existing pier head length of theadjacent pier to the south. There should be no impacts to wetlands, shellfish or SAV resources. Submitted by: Heather Styron Date: 7/28/2021 Morehead City District Office James W. and Jane M. Smith Smith Dock Project Narrative Introduction Mr. and Mrs. Smith are the owners of residential property located adjacent the Newport River at 144 Grady Dale Lane in Beaufort in Carteret County. They propose to construct a dock with one platform and one boat lift to obtain water/boating access. They are also requesting authorization to place fill in the back yard of an existing residence to level the property and drain water away from the house. A retaining wall to confine the fill and prevent spillage into wetlands is also proposed. Site Description The project site measures 62,172 square feet (1.43 acres). A single-family residence and shed are located on the property. Vegetation at the site consists of trees and other landscaping vegetation, lawn grass, and wetland vegetation. The approximate elevation of the site above Normal High Water (NHW) is +3'. The total length of the shoreline measured along NHW is 198 linear feet. An oyster rock is located parallel to the shoreline approximately 370' from NHW. Scattered oysters are observed landward of the oyster rock and for a distance of about 10' to 20' waterward of the oyster rock. No submerged aquatic vegetation was observed during a survey completed in February 2021. Coastal wetlands border the shoreline, extending waterward for about 200' to 300' from NHW. A fringe of coastal wetlands as shown on project plans is also located along the northern border of the site. Aerial photos show additional coastal wetlands on the waterward side of the oyster rock (see enclosed drone aerial photo). The Newport River at its narrowest at the project site is about 6,200' wide. The project site is not located in a designated Primary Nursery Area. The project site is located within the extraterritorial jurisdiction (ETJ) of the Town of Beaufort and is zoned R-20. Single-family residential uses are located adjacent to the property. Adjacent riparian property owners are Daniel and Carla Facciola to the north and Jeanette Holland to the south. The Smith residence is served by a ground absorption sewage disposal (septic) system, with drinking water provided by the Town of Beaufort water system. Project Description The owners propose to construct a 6' wide pier extending 570' from the proposed retaining wall. The pier will measure 320' in length measured from the waterward edge of the coastal wetlands nearest the shoreline of the Smith property, as shown on project plans. A platform measuring 20' x 20' and boatlift James W. and Jane M. Smith Major CAMA Permit Application RECEIVED May 21, 2021 Page 1 MAY 213021 DCM-MHD CITY measuring 12.5' x 13.5' are proposed for location at the waterward end of the docking facility. Including the platform, the docking facility will extend 113' waterward of the oyster rock and attendant coastal wetlands. There are no existing piers 100' or longer in length along the same shoreline of the project site as measured from the waterward edge of coastal wetland vegetation. By building the proposed pier 113' waterward of the coastal wetlands the Smiths will be establishing a pier head line on this shoreline. Water depths at the waterward end of the proposed structure measure -1.8' Normal Low Water (NLW). The project engineer has calculated that 1,752 square feet of coastal wetlands will be shaded by the proposed docking facility. 360 square feet of shell bottom will be similarly impacted. The proposed docking facility will be located 57' from the adjacent riparian property to the north and 55' from the adjacent riparian property to the south. It will be located 122' from the adjacent docking facility to the north and 528' from the adjacent docking facility to the south. In addition to the docking facility Mr. and Mrs. Smith propose to place fill material in non -wetland areas of the back yard to improve drainage near their residence. Approximately 174 cubic yards of Hill will be placed in the coastal shoreline AEC to be contained by a retaining wall measuring 226' in length, with a top width of 12". The elevation of the top of the retaining wall, along with backfill, will vary up to 4.5' NLW as required to facilitate drainage and to best ensure preservation of the existing trees. Exposure height of the retaining wall will be 512" on the waterward side of the property. Due to limited height exposure tiebacks are not anticipated to be needed. The size of the area to be graded, filled, or disturbed is 14,250 square feet. Construction Methods Dock construction will employ conventional marine construction techniques. One barge with pile -driving equipment stored in deep water will be used for construction of the dock extension. All construction activities will occur during periods of water depths sufficient to avoid barge from resting on or disturbing bottom. A mini -excavator will be used with protective mats to construct the section of pier located over wetlands. Construction of the retaining wall and placement of fill will be accomplished with a small trackhoe, dump truck, and front-end loader to be stored on highground. Pre -Filing Meeting Request In compliance with the Clean Water Act Section 401 Certification Rule, a Pre -Filing Meeting Request for this project was submitted to the NC Division of Water Resources (NC DWR) on April 15, 2021.On May James W. and Jane M. Smith Major CAMA Permit Application RECEIVED May 21, 2021 Page 2 MAY 212021 DCM-MHD CITY 16, 2021 NC DWR responded that the request had reached the 30 calendar - day's requirement and that the permit application could be accepted. The ID number assigned to this project is 20210783, Version 1. Included in this application is a copy of the DWR Pre -Filing Meeting Request Form that was submitted to DWR and the email confirming that the pre -filing time clock was reached. 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 the CWA 401 certification request within the applicable reasonable period of time. James W. and Jane M. Smith - Major CAMA Permit Application May 21, 2021 Page 3 MAY 21 NZI DCM-MHD CITY uj LL, uj From: Sent: To: Cc: Subject: Attachments: laserfiche@ncdenr.gov Sunday, May 16, 2021 12:01 AM kbvinson@ec.rr.com holley.snider@ncdenr.gov Pre -Filing Time Clock has been reached for Smith Dock - 20210783 Ver 1 DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Smith Dock that you submitted on 4/15/2021. The ID number for that project is 20210783, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. Internal Use only: Non Transportation Virus -free. www.avq.com RECEIVED MAY 212021 DCM-MHD CITY ID#* 20210783 Version* 1 Regional Office * Wilmington Regional Office - (910) 796-7215 Reviewer List* Holley Snider Pre -Filing Meeting Request submitted 4/15/2021 Contact Name * Contact Email Address Project Name * Project Owner* Project County* Owner Address: Kathy Vinson kbvinson@ec.rr.com Smith Dock James W. and Jane M. Smith Carteret Street Address 3324 Jura Lane Adrin s Lee 2 ay Fayetteville Postal / Zip Cade 28303 Is this a transportation project?* r Yes R No Sale / Rwince / Rxjm NC 0-nky USA Type(s) of approval sought from the DWR: W 401 Water Quality Certification- I— 401 Water Quality Certification - Regular Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* r Yes c No Do you know the name of the staff member you would like to request a meeting with? Holley Snider Please give a brief project description below and include location information.* RECEIVED MAY 21 2021 DCM-MHD CITY James Wickliffe Smith, Jr. and Jane McDuffie Smith are the owners of residential property located adjacent the Newport River at 144 Grady Dale Lane, Beaufort, NC (Carteret County PIN # 730601289665000). They propose to construct a pier measuring 6' wide by 570' long measured from normal high water (NHW). A platform measuring 20' by 20' is proposed for the watervrard end of the dock. One boatlift is proposed for placement adjacent the platform. Low water depths at the location of the proposed boat lift measure -1.8' normal low water (NLW). The dock extends 113' waterward of an oyster rock and 320' from the waterward edge of marsh that borders the property, as shown on the attached project plan. Scattered oysters are observed landward of the oyster rock and for a distance of about 10' to 20' water ward of the oyster rock. No submerged aquatic vegetation was observed at the site during a survey completed in February 2021. The project site is not located within a Primary Nursery Area. The owners also propose to construct a retaining wall/bulkhead to contain high ground fill to be placed in non -wetland areas of the waterfront yard of the existing residence. No other highground development is proposed. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature 04; Py 0. eY.� Submittal Date 4/15/2021 RECEIVED MAY 21 2021 DCM-MHD CITY ROY COOPER Jrt �y}j u,l Governor ELIZABETH S. BISER r Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 1, 2021 Tia Brydon tiabrydon@gmail.com Dear Ms. Brydon, This letter is intended to notify you of the issuance of a CAMA Major Permit No. 135-21 for proposed development by James and Jane Smith, at 144 Grady Dale Lane, in Beaufort, Carteret County. The proposed project consisted of an upland retaining wall and one slip docking facility. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for reference. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: Heather Styron DCM MHD City Roy Brownlow DCM WED City Sincerely, Gregg Bodnar Assistant Major Permits Coordinator D _EQ�� �awr North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 29557 252.8082808 -= Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, October 1, 2021 3:00 PM To: 'tiabrydon@gmail.com' Cc: Styron, Heather M.; Brownlow, Roy D; SVC_DCM.MHC.Admins Subject: RE: CAMA permit for James and Jane Smith Attachments: 135-21 James&Jane Smith.pdf My apologies. I forgot a copy of the permit for your reference Regards, Gregg From: Bodnar, Gregg Sent: Friday, October 1, 20212:59 PM To: tiabrydon@gmail.com Cc: Styron, Heather M. <heather. m.styron @ncdenr.gov>; Brownlow, Roy D <roy.brownlow@ncdenr.gov>; SVC_DCM.MHC.Admins <DCM.MHC.Admins@ncdenr.gov> Subject: CAMA permit for James and Jane Smith Afternoon Ms. Brydon, Please see above for notification of the issuance of a CAMA permit. Regards, Gregg D_EQ� Gregg Bodnar 1 Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 cat 215 (Office) Grcae,eodnar ncdenagov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, October 1, 2021 2:59 PM To: tiabrydon@gmail.com Cc: Styron, Heather M.; Brownlow, Roy D; SVC_DCM.MHC.Admins Subject: CAMA permit for James and Jane Smith Attachments: Smith, James and Jane (Brydon).pdf Afternoon Ms. Brydon, Please see above for notification of the issuance of a CAMA permit. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) ...... Gregg_Bodnar@ncdenagov Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. Keefe, Madeline J From: Bodnar, Gregg Sent: Friday, June 11, 2021 10:51 AM To: Styron, Heather M.; Cannon, Amanda J Cc: Keefe, Madeline J Subject: RE: [External] 144 Grady Dale Lane, Smith Project Dock, Raising of Land and Bulkhead Hey Maddie, Can you please print that and add it to the file. Thanks, d� G regg From: Styron, Heather M. <heather.m.styron@ncdenr.gov> Sent: Friday, June 11, 2021 10:31 AM To: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Cc: Keefe, Madeline J <Maddy.Keefe@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: [External] 144 Grady Dale Lane, Smith Project Dock, Raising of Land and Bulkhead Please see below for this adjacent neighbor concerns and objections to this project. Please print for the main file so once it goes out for circulation Gregg will have it to address the objections etc. From: Tia Brydon [mailto:tiabrydon(cDRmail.com] Sent: Friday, June 11, 2021 9:30 AM To: Styron, Heather M. <heather.m.styron(dncdenr.Rov> Subject: [External] 144 Grady Dale Lane, Smith Project Dock, Raising of Land and Bulkhead CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Heather, I would like to voice my concerns about the work proposed to be done to my neighbors James (Wick) and Jane Smith's waterfront at 144 Grady Dale Lane. I know, as you pointed out, I have no riparian right but my property, which consists of two lots, I I I and 113 Windy Oaks Lane has wetlands that backs up to the Smiths property and my fear is if they raise the height of their land, it would divert a good portion of the water that floods in their yard into mine, high tide and storm surge both. The wetlands in my yard is the lowest elevation around, if the Smiths add fill 1 to their backyard, my yard will flood worse than it already does. With flooding there is erosion and after numerous high tides and storms, the erosion of my land will become a problem that I will have to deal with. I am aware of the laws and regulations and in order to gain back the soil that has been washed away, I would most likely not be permitted to add fill dirt to the wetlands on my property that abuts that of the Smith's property. Nor could I afford the cost to do so if it were possible. If I was told that I could replace the soil that was washed away, I would then have to go through the same process that the Smiths are going through now and at that point will they, the Smiths or my other neighbors, the Facciolas, permit me to divert my flood water onto them. Where does it end? This whole area takes on water during extreme high tides, not only does the water come up into the Smith's yard, my yard takes on water, as does Danny Facciola's property and Jeanette Holland's land, the two properties on the other side of the Smith's property who have riparian rights. We all also suffer with high water during hurricanes, the Smiths are not alone in any of this, everyone here has flooding issues. I think it would be very detrimental just not for me but the surrounding properties for the Smiths to be permitted to add fill in their backyard. As far as the bulk head goes, Bulkheads are great if they are protecting your land but the point where the bulkhead ends the land beyond the bulkhead erodes at a much more severe rate than it normally would. I guess if neither the Faciolas or the Hollands care about this, so be it, but I don't think that the consequences of this type of erosion are adequately addressed, as they should be, in the documents that were presented. I do not have any concerns with the Smiths building a dock. A dock will not affect the water displacement as the other two projects. My main concern is the added fill dirt and how it is going to negatively affect those properties adjoining the Smith's land who do not have riparian rights and those next to the Smiths property with riparian rights.I would like to voice my opposition to this portion of the project. I also wanted to mention that I called Kathy Vinson, from Coastal Planning Services, numerous times and never once has she returned my z calls. The only way I saw the proposed plans were those of my neighbor who received them and was kind enough to let me review the project. Sincerely, Patricia Brydon Yelton 252-723-1629 tiabiydon@p,mail.com 3 James W. Smith, Jr. 3324 Jura Road Fayetteville, North Carolina 28303 September 18, 2020 To Whom It May Concern: I authorize Kathy Vinson, AICP and Coastal Planning Services, Inc. to represent me and apply for CAMA permits to develop my property located at 144 Grady Dale Lane, Beaufort, North Carolina. This authorization extends to all permits and authorizations required by local, state, and federal agencies that may be required as part of the permitting process. I also authorize release of information related to the project site to Ms. Vinson, including boundary surveys, topographic maps, and results of wetland delineation and soil permeability tests. Please feel free to contact me at (910) 8504530 if you have questions or need additional information. Sin r m James W. Smit , Jr. RECEIVED MAY 2 12021 DCM-MHD CITY COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and DevelopmentAssistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 May 21, 2021 Ms. Jeanette R. Holland PO Box 586 Beaufort, NC 28516 Re: Major CAMA Permit Application James and Jane Smith Dear Ms. Holland Coastal Planning Services, Inc. is providing CAMA planning and permitting assistance to James and Jane Smith for improvements to their property located at 144 Grady Dale Lane in Beaufort, North Carolina. The project includes construction of a dock with one boat lift and placement of fill in the back yard. A retaining wall to confine the fill and prevent spillage into wetlands is also proposed. A Major Coastal Area Management Act (CAMA) permit will be required to build the project. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are notifying you of the proposed plans. Enclosed with this letter are copies of the permit application and plats. If you have obiections or comments regarding the proposal- please write or call the Division of Coastal Management (DCM) within 30 dUs of receipt of this notice. You may reach DCM at the following address and phone number: Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information regarding the project. You may also reach me at kbvinson(tdec.rr.com Sincerely, Kathy B. V" n, AICP Enclosures RECEIVED MAY 21 2021 DCM-MHD CITY USPSTRACMG# Iyjrylry7l{r Iyn L First -Class Mail I I I I III II111 II� ,II 111 $O Postage Pe No. G-10 Paid 9590 9402 3799 8032 5912 57 United States ' Sender: Please print your name, address, and ZIP+4® in this box' Postal Service Co a S744 42�4 nn/iJ� Jl!'fd/Ce OCPUFO^RT, MAY 2 4 2021 RECEIVE[ Y, ll,� 0 6 20ZI I'III Ilfillr ii I Illll""IIIrIIIIIIIIIIIII'Illil lilt If DCM-MHD CITY ' ■fAU pl Ijto 2, and 3. d address on the reverse (T q rn the card to you. i0 the back ofthe mailpiece, /vC a 857 I��III IlIIIIIIIIIIIIIIIIIIIIIIIIIII l r AP- 799 8032 5912 57 If YES, enter � ❑ Atlult ❑ Certified ❑ Collect oWS n Ester from seMce Jai ❑ Collect on D 0160 0000 1777 8587 J❑ Agent r ❑ Addressee C. Date of Delivery n item 1? ❑ Yea below: ❑ No �uFORT,\ ❑ Priority 0' Enpresse Ofispist Mailr• Regist Mall Restricted Deliv ❑ Ret n Receipt for Chandise ignature ConfInnatlonTM Signature C.M rnaaen Restricted Delivery PSN 753602-000-8053 Domestic Return Receipt it COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 June 8, 2021 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application James W. and Jane M. Smith Dear Heather: Enclosed is the green card receipt from the certified mail notice provided to adjacent riparian property owner Jeanette Holland regarding the Smiths' major permit proposal. Also included is the tracking record from the USPS website showing delivery of the notice to adjacent riparian property owners Daniel and Carla Facciola on May 24, 202 1. 1 have not received the green card receipt from the Post Office from the delivery to the Facciolas. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information_ Sincerely, Kathy�CP Enclosures RECEIVED JUN 08 2021 DCM-MHD CITY .or CERTIFIED o RECEIPT Domestic Ln Beaufort, NC 28516 �` ��• M1 C fled Mail Fee f 3. b`I 0557 rq O s � 09 es&Feasoe iiw.demo ❑Rea"R F.WMaidcwh $ O ❑Rdae Racelpt(tlaq kl $ 4fl. Illl Postmark O ❑c•ta•d1061A nd Dewy $ Al ftl Het. �MAft-e f*eNed S—fit O OMWI SIaraW. Rntrktd DeP.syE -n Pos age f2.40 o 05/21 /2021 Total Pesreee and F fr 8 J Er Senl To // Seeet eild�, d__.-__.__.- TI Postal CERTIFIED MAILO RECEIPT r, Domestic Mail Only Ln r` Beaufort, NC 2851,6 ~ Cenifled Mall Fee r i3.6U~ _ 0"7 a $ U9 Extra Services& Fees (cmrcabo a*fMa p ElRB.um Race,i lRvdwpy) S, O ❑ Retum Rageipt(e wlc) $ $0 fill PoShrak ❑Cedlfid Mail Resmctae OelNxy S_)_ Here O ❑Adult Slgnature Required S ❑MUX Slgnature Rezbicld DeFeryS 123 -0 Postage s $2.40 a O Total Postage andFeee 05/21/2021 $ Er Sent To r� n / c N Sil'eeie i7o�rfKl eri-rR!1.--41:GLQ.� _.-_.-_.__ . — , i RECEIVED JUN 0 S 2021 DCM-MHD CITY USPS Tracking® Track Another Package + Tracking Number: 70190160000017778570 FAQs > Remove X Your item was delivered to an individual at the address at 4:40 pm on May 24, 2021 in BEAUFORT, NC 28516. G Delivered, Left with Individual May 24, 2021 at 4:40 pm BEAUFORT, NC 28516 Get Updates u Text & Email Updates Tracking History May 24, 2021, 4:40 pm Delivered, Left with Individual BEAUFORT, NC 28516 Your item was delivered to an individual at the address at 4:40 pm on May 24, 2021 in BEAUFORT, NC 28516. May 24, 2021, 10:26 am Out for Delivery BEAUFORT, NC 28516 in n RECEIVED JUN 0 8 2021 T (D (D a 6 d DCM-MHD CITY May 24, 2021, 10:15 am Arrived at Post Office BEAUFORT, NC 28516 May 23, 2021 In Transit to Next Facility May 22, 2021, 9:32 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX May 22, 2021, 12:42 pm Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX May 21, 2021, 11:02 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER May 21, 2021, 1:50 pm Departed Post Office MOREHEAD CITY, NC 28557 May 21, 2021, 12:47 pm USPS in possession of item MOREHEAD CITY, NC 28557 Product Information See Less ^ RECEIVED JUN 0 S 2021 DCM-MHD CITY Can't find what you're looking for? m m a Q d 0 x Go to our FAQs section to find answers to your tracking questions. ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 14 ❑ Yes y� >4/ JB4hGt ��4aC� If YES, enter delivery address below: ❑ No II I IIIIII IIII III I II II IIIII I I III IIII I III I'll III o AdultSignature Igna uService rsResMcted 9590 9402 3799 8032 5912 57 De]WM Rf`Cerhfied Mal® o Reei)i teereedd M Restricted DeNvery ❑ certified Mail Restricted Delivery ❑ Return Receipt for ❑ collect on Delivery Merchandise 2. Article Number (71ansfer from seMCe faW ❑ Collect on Delivery Restricted Delivery 0 Signature ConfinnatlW- ❑ Signature Confirmation 7019 0160 0000 1777 8587 1 Restricted Delivery Restricted Delivery r PS Form , July 2015 PSN 6630-02-000-9053 Domestic Return Receipt I t 1 --f rL Ln cD u) O xO r` M1 N N — N t` ri r9 0 0 0 0 E3 O C3 0 0 0 —0 .D rR a 0 0 Ir Ir ra r9 0 0 17, r, / F F i eeuelP�PaNeagj a PecelPl (NBct Wc) $ d Mail Rertncl4 DQl S Ignatumftgv e] a laneture PeSWcted DNMary S Poshned, Nero A.UY 21 2021 DCM-MHD CITY COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and DeveloprnentAssistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 May 21, 2021 Daniel and Carla Facciola 115 Windy Oaks Lane Beaufort, NC 28516 Re: Major CAMA Permit Application James and Jane Smith Dear Mr. and Mrs. Facciola: Coastal Planning Services, Inc. is providing CAMA planning and permitting assistance to James and Jane Smith for improvements to their property located at 144 Grady Dale Lane in Beaufort, North Carolina. The project includes construction of a dock with one boat lift and placement of fill in the back yard. A retaining wall to confine the fill and prevent spillage into wetlands is also proposed. A Major Coastal Area Management Act (CAMA) permit will be required to build the project. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are notifying you of the proposed plans. Enclosed with this letter are copies of the permit application and plats. If you have objections or comments regarding the proposal please write or call the Division of Coastal Management (DCM) within 30 days of receipt of this notice. You may reach DCM at the following address and phone number: Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information regarding the project. You may also reach me at kbvinson(a ec.tr.com Sincerely, �- Kathy B. Vinson, AICP RECEIVED Enclosures MAY 21 2021 DCM-MHD CITY a ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Ardcle Addressed to: D4/9/¢ /91 c4p'l' ��62.� Y�/fiiY G✓q 04/�S �4y� II I IIIIII Iill III I II II IIIII I I III IIII I I II I II I III 9590 9402 3799 8032 5912 40 2. Adicle Number?ransfar from service lebefl ❑ 7019 0160 0000 1777 85 PS Mill 3811, July 2015 PSN 7530-02-000.9= X ❑ Agent ❑ Addm S. Received by (Printed Name) C. Date of Deli D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No Service Type ❑ Priority Mau Express® Adult Sigil ❑ Registered Wirt- �gdult Signature Restricted Delivery ❑ Re �islered Mal Restricted Cerefietl Mail® Delivery Certified Mail Restricted Delivery ❑ Return Receipt for Collect on Delivery Merchandise Collect on Delivery Reahigad Delivery ❑ signature COMrmnationTM ❑ Signature Confirmation 70 lesWcterl Dellvay Reincted Delivery Domestic Return Receipt a 13 - f� r` a. a c+t u 1 eo r` M1 gw i' Y N M1 Certified Mail FM a ri a ExtraServices&8 Fees (tlreGbai esd fsara�proprWe) � O O 0IIMmR.cep+mav-um1 $ C3 C3 ❑awun Rxelpt (receenlo) 0 C3 ❑COfflWMall Rwincled nativity = ED 0 Adult Slge tune lit idled 11 E2 Adult S1gMure Raekled DNwry i C3 Postage ri ri $ O C3 Total Poarage and Fria Q- D" $ rR q C3 o n�J ,// (�I Sent TE3 Rl.'_�!L__..A f� f— Stieefa TYaF&F156oj1'(.o Poeb=k Rare RECEIVED MAY 21 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 28, 2021 James and Jane Smith C/o Coastal Planning Services, Inc. P.O Box 827 Morehead City, NC 28557 Dear Sirs: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project at 144 Grady Dale Lane. in Beaufort, Carteret County. The application was received as complete on 6/9/2021, and appears to be adequate for processing at this time. The projected deadline for making a decision is 8/23/2021. 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 6/9/2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. S, cerely, Heather M. Styron Coastal Management Representative hnwni rnma.:unD � Q�v North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office {400 Commerce Avenue I Moorehead City, North Carolina 28557 252808.2808 Alm \VAWA�=1 �l� •\=J=JMIJ0==301� A • o ROY COOPER Covernor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality July 28, 2021 Re: Public Notice -James and Jane Smith, 144 Grady dale Lane, Beaufort, Carteret County Dear Sir: .Please publish the attached Notice in the 8/1/2021 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice. to Jessica Gibson, NC Division of Coastal Management,, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, HEATHER M. STYKON Heather M. Styron Coastal Management Representative North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 2SZ808.2808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was submitted and accepted as complete on 6/9/2021. According to said application, James and Jane Smith are proposing to construct a pier with platform, one slip with boatiift and a retaining wall within and along the Newport River in Beaufort, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 8/21/2021, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: B/1/2021 North Carolina Department of Environmental Quality I Division of Coastal Management •/ Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 nc.w curniun ow�onmimrm.anonwam� /"� 252.808.2808 - FOR REGISIRW1014 REGISIER O DEEUS Karen S Hardesty Carteret County NC November 15: 2018 03.24 22 PM TRRVIS DEED 4 P FEE $26 OU NC REVENUE STAMP $700.00 FILE # 1623285 Prepared by: Ryan S. Renfrow, Attorney at Law, P.O. Box 1574, Morehead City, NC 28557 JReturn to: Ryan S. Renfrow, Attorney at Law Excise Tax: $700.00 Parcel ID No.: 730.601.289.665.000 Brief Legal Description: ACREAGE OFF S.R. 1169 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this I S+s day of N ov-mn ti- , 2018, by and between: Paul D. Cappa and spouse, Patricia F. Cappa 1013 Rhett Place, Lebanon, TN 37087 (hereinafter referred to as Grantor); AND Jane MCDuffie Smith and spouse, James Wickliffe Smith, Jr. 3324 Jura Drive, Fayetteville. NC 28303 (hereinafter referred to as Grantee). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: That Grantor, for valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Beaufort Township, Carteret County, North Carolina, and more particularly described as: (SEE ATTACHED EXHIBIT "A") RECE84 m Page t of MAY 21 2021 O DCM-MHD CITY 1623285 This being the same property previously conveyed by deed recorded in Book 719, Page 726, Carteret County Registry. This conveyance is or X is not the primary residence of the Grantors. A map showing the above described property is recorded in Map Book Page Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated: Any easements, covenants, rights of way, or restrictions of record. Ad Valorem taxes for the year 2018. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in their names, the day and year first above written. RECEIVED MAY 21 2021 Page 2of4 DCM-MHD CITY 1623285 PAUL D. CAPPA PATRICIA F. CAPPA STATE OF -TN COUNTY OF �0 %\Svn 1, Ka-fko- Zat 'axV a Notary Public of the County and State aforesaid do hereby certify that PAUL D. CAPPA AND PATRICIA F. CAPPA personally came before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 9-"- day of 1,aA4-w, ax.l 12018. My commission Expires: ao � Notary Publi - ``Nrnuprri S �K O r 0. ZA Lj'\ _N y = OF TEMS?£SSEE ': = Printed Name of Notary R `n ttOTARY Puri_! Page 3 of 4 RECEFIvPD MAY 21 2021 DCM-MHD CITY 1623285 Exhibit "A" Legal Description Beginning at an iron pipe in the southwest corner of a 43-foot access road (Grady Dale Lane) which beginning point is located S 41-47 W 604.11 feet from a concrete monument located in the south right-of-way line of S.R. 1169 (Copeland Road); which said concrete monument is located 1,802.77 feet as measured in a generally westwardly direction along the south right-of- way line of S.R. 1169 from the point of intersection of the south right-of-way line of S.R. 1169 and the west right-of-way line of N.C.11ighway 101; and running thence from said POINT AND PLACE OF BEGINNING S 50-04-30 E 14.21 feet to an iron pipe; thence S 41-29-57 W 211.81 feet to an iron pipe; thence N 81-39 W 7.14 feet to an iron pipe; thence N 82-34-50 W 250.45 feet to a point in the highwater mark of the Newport River, thence N 35-01-05 E 147.21 feet to a point; thence N 79-10-18 E 150.0 feet to an axle; thence S 6649-42 E 265.50 feet to a point; and thence N 4147 E 94.10 feet to the point and place of beginning. Also conveyed herewith is a non-exclusive easement for ingress, egress and regress over that 43- foot easement more particularly described as: Beginning at an axle in the south right-of-way line of S.R. 1169 (Copeland Road), which axle is located 1,759.77 feet as measured in a generally westwardly direction from the point of intersection of the south right-of-way line of S.R. 1169 and the west right -of -line of N.C. Highway 101; and running thence from said POINT AND PLACE OF BEGINNING S 4147 W 604.41 feet to a point; thence N 50-04-30 W 42.99 feet to an iron pipe; thence N 41-47 E 604.11 feet to a concrete monument in the south right-of-way line of S.R. 1169; and thence along said right-of-way line S 50-30 E 43.0 feet to the point and place of beginning. This conveyance is made subject to that Easement and Road Maintenance Agreement recorded in Book 561, Page 259 and re -recorded in Book 561, Page 368, Carteret County Registry, and that Well Agreement recorded in Book 567, Page 125, Carteret County Registry. For deed reference, see Book 561, Page 258 and Book 719, Page 726, Carteret County Registry. Property address: 144 Grady Dale Lane, Beaufort, NC 28516. RECEIVED MAY 21 2021 DCM-MHD CITY Advertising Receipt Ellie Davis NO Division of Coastal Management 400 Commerce Avenue MOREHEAD CITY, NO 26557 Ad taker: Adm Salesperson: Classification: CARTERET PUBLISHING 6039 Executive Dr Suite 300 PO Box 1679 Morehead City, NO 28557 Phone:(252)726-7081 Fax: (252)726.6016 Cust#: 13112292 000 Ad#: 13587529 Phone: (252)808-2806 Date: 07/28/21 175 Payment Reference: Crddit Card Holder: Credit Card Number: Cre .il_Card. Expiration: Credit Card Verification #: Credit Card Verification Amt: 0.00 PUBLIC NOTICE NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by 61.69 Total: 61.69 Tax: 0.00 Net: 61.69 Prepaid: 0.00. Total Due 61.69 PUBLIC NOTICE NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Envl- ronment and Natural Re- sources hereby gives pub- lic notice as required by NCGS 113A-119(b) that application for a develop- ment permit In an Area of Environmental Concern as designated under the LA- MA was submitted and ac- cepted as complete on 6/9/2021. According to said application, James and Jane Smith are pro- posing to construct a pier with platform, one slip with boallift and a retaining wall within and along the New- port River In Beaufort, NO. A copy of the entire appli- cation may be examined z)r copied at the office of Heather.'Styrori, NO Divi- sion of Coastal Manage- ment ifocated of 400 Com- mercgl'Aventi'e; Morehead City, NO, (262) 608-2808 during' hormel business hours. Comments mailed to Brax- ton C: Davis, Director, DI- vlslon'bf Coastal Manage- ment:400 Commerce Ave- nue, Morehead City, N.C. 28557, prior to 8/2112021, will be considered In mak- ing the permit decision. Latar'comments will be ac- cepted and considered up to the time of permit deck sicn. Project modification may occur based on re- view and comment by the public and state and feder- al agendas. Notice of the permit decision In this mat- ter will be provided upon written request. Aul Major CAMA Permit Application James W. and Jane M. Smith 144 Grady Dale Lane Beaufort, North Carolina May 21, 2021 Kathy B. Vinson, AICP Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 Telephone 252-240-9297 kbvinson@ec.rr.com coastalplanningservices@gmail.com RECEIVED MAY 21 2021 DCM-MHD CITY Table of Contents James W. and Jane M. Smith Major CAMA Permit Application May 21, 2021 Contents Application Documents DCM MP— 1 Application DCM MP-3 Upland Development DCM MP-4 Structures Project Narrative Introduction Site Description Project Description Construction Methods Pre -Filing Meeting Request Aerial Photograph Project Plans Sheet 1 of 1 Authorized Agent Letter Property Deed Notices to Adjacent Riparian Property Owners Jeanette Holland Daniel and Carla Facciola RECEIVED MAY 21 2021 DCM-MHD CITY NC Division of Coastal Management Cashier's Official Receipt Received From: Coas+a I ff 0-nh f " 3try I LAe7r Permit No.: Ghat �, A 1 C!l{5cll Applicant's Name: - �-l441 � - Project Address: 14191 A B(DD Date: nbq 20-3L Check No.: 137 County: 620�acr?f Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: _ Signature of Field RepresentativLl e: Date: Date: Z JA C COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 May 21, 2021 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application James W. and Jane M. Smith Dear Heather: Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of James W. and Jane M. Smith for improvements to their property located at 144 Grady Dale Lane adjacent the Newport River in Beaufort. Mr. and Mrs. Smith propose to construct a dock with one boat lift and a retaining wall. Highground fill is also proposed. Coastal Planning Services, Inc. check #1344 in the amount of $250.00 for the permit application fee is also enclosed. The adjacent riparian property owners have been notified of the project plans by certified mail. Green card return receipts will be submitted to you as soon as they are returned by the Post Office. I will provide the additional required large -format copies once your review is complete. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. I look forward to continuing to work with you on this project. Sincerely, Kathy B. mson, AICP Enclosures RECEIVED MAY 21 2021 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet (111 112O12) Applicantjames and Jane Smith Date: 7/28/2021 Project Site County Carteret Staff: HMS District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: James and Jane Smith Date of initial application submittal (EX; I/b/2007): 521/2021 Date application 'received as complete" in the Field office; 6/9/2021 Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both SITE DESCRIPTIONIPERMIT INFORMATION PNA: []Yes NNo . Photos Taken: Yes ❑ No® Setback Required (riparian): ®Yes []No Critical Habitat: []Yes NNo ❑Not Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: [-]Yes NNo SAV: ❑Yes NNo ❑NotSure Shell Bottom: ❑Yes ❑No N Not Sure Temporary Impacts: NYes ❑No Sandbags: []Yes ❑No ❑ Not Sure Did the land use classification come from county LUP: [_]Yes NNo Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: ❑Yes NNo ❑NA Environmental Assessment Done: ❑Yes NNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) N High Quality Waters (HOW) ❑ Outstanding Resource Waters (OR" WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) - ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) I cynosuroides) ❑ (DS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus sp.) ❑ (TY) Cattail (Typha sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 can ❑ III(D) Priv. public or comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - ❑ Major Modification to a CAMA Major permit ❑ IV Any development involving D&F of more $100 -$250 than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit- $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ ll. Public or commercial/no dredge and/or fill $100 -$400 N I. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement -S400 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant James and Jane Smith Date: 7/28/2021 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 1 Dimension 2 Dimension 3 Dimension 4 One One 1 New Work ❑ Replace boallift Maint ❑ ❑ Y ON 13' 14' 1 New Work E Replace pier Maint ❑ ❑ Y ON 540' 6' 1 New Work E Replace platform Maint ❑ ❑ Y ❑ N 20' 20' 1 New Work ❑ Replace Retaining wall Maint N ❑ Y E N 226' 12 inches New Work E Replace Maint ❑ ❑ Y E N New Work E Replace Maint ❑ ❑ Y ❑ N New Work N Replace Maint ❑ ❑ Y ❑ N New Work N Replace Maint ❑ ❑ Y ❑ N New Work N Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work N Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N ' New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint 0 0 Y ❑ N Applicant James and Jane Smith Date: 7/28/2021 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 and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Shallow Bottom Dredge ❑ Fill ❑ Both ❑ Other ® 1000sf 1000sf High, ground Dredge ❑ Fill ❑ Both ❑ Other ® 14,250 14,250 Shell fish beds Dredge ❑ Fill ❑ Both ❑ Other ® 180sf 180sf Coastal wetlands 2,250sf 2,250sf below NHW Dredge ❑ Fill ® Both ❑ Other Coastal wetlands 294sf 294sf above NHW Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM: NORTH CAROLINA Envlronmenta/Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, INC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a)NCDENR.gov SUBJECT: CAMA Application Review Applicant: Smith, James and Jane Project Location: 144 Grady Dale Lane, Beaufort, Carteret County Proposed Project: The applicant is proposing to construct a 1-slip docking facility with pier, platform, boatlift and a retaining wall along the high ground. 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 August 20, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808 ext. 216. 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" PRINT NAME AGENCY SIGNATURE DATE 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. �. D_EQ� y.�.,, .,.�.r..k; North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Ctty office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2S2.808.2808 DCM Coordinator: Gregg Bodnar Distributed Yes® No ❑ Applicant: Smith Distribution Date:7/30/21 AGENCY WIRO WARD LPO Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort, Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier— (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Posquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - Tom Steffans—(Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret Craven, Eliz Lee Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding Jimmy Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sam! Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Robb Mairs (Carteret New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender Maria Dunn (WARD) WRC Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter T:\Admin Files\Maddy\2021 Admin forms\Distribution our office\Comment Sheet - sending for comments.docx Revised : 5/7/2019 Kathy Vinson From: laserfiche@ncdenr.gov Sent: Sunday, May 16, 2021 12:01 AM To: kbvinson@ec.rr.com Cc: holley.snider@ncdenr.gov Subject: Pre -Filing Time Clock has been reached for Smith Dock - 20210783 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Smith Dock that you submitted on 4/15/2021. The ID number for that project is 20210783, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserflche workflow. Please do not respond to this email address, as responses are not monitored. Internal Use only: Non Transportation ,-&to Virus -free. www.avq.com RECEIVED MAY 21 2021 DCM-MHD CITY