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
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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#
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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
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USPS Tracking®
Track Another Package +
Tracking Number: 70190160000017778570
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Your item was delivered to an individual at the address at 4:40 pm on May 24, 2021 in BEAUFORT,
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JUN 0 8 2021
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May 24, 2021, 10:15 am
Arrived at Post Office
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May 23, 2021
In Transit to Next Facility
May 22, 2021, 9:32 pm
Departed USPS Regional Facility
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May 21, 2021, 11:02 pm
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May 21, 2021, 1:50 pm
Departed Post Office
MOREHEAD CITY, NC 28557
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JUN 0 S 2021
DCM-MHD CITY
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or on the front if space permits.
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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
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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