HomeMy WebLinkAbout34-20 Dowdey, PaulPermit Class Permit Number
NEW 34-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and CO
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
• Excavation and/or filling pursuant to NCGS 113-229
Issued to Paul Dowdey, 220 Marsh Causeway, Knotts Island NC 27950
Authorizing development in Cumtuck County at adi to North Landing River, at 220 Marsh Causeway,
Knotts Island, as requested in the permittee's application dated 11/23/19 (MP-1) 8/11/19 (MP-2) and 11/30/19
(MP-4). including att. worknlan drawings (8), Pages 2-9 of 9 all dated "Received DCM-MHD City 12/19/19".
This permit, issued on March 24, 2020 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
Athese terms may be subject to tines, imprisonment or crvrr action; or may cause me pcnurL w vo uuu mina vviu.
Shoreline Stabilization - Bulkhead
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of. Coastal Management within a maximum of 30 days prior to the start
of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM
within a maximum of 30 days prior to the new expected start of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the perminee 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, 2023
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 Dl;d and the chair
of the Coastal Resources Commission.
/i74�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee
Paul Dowdey Permit No. 34-20
Page 2 of 4
ADDITIONAL CONDITIONS
4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
5) The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
7) This pernit does not authorize any excavation waterward of the approved alignment, except for the
removal oftrees necessary for the alignment of the authorized bulkhead.
8) The fill material shall be clean and free of any pollutants except in trace quantities.
9) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Sedimentation and Erosion Control
12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Boat Ramp
13) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the S`fate or waters that will enter waters of the State.
14) Placement of fill materials below normal water level shall be limited to the ramp structure.
15) Excavation`and ground disturbing activities, associated with the placement of the boat ramp, above and
below the normal water line shall be limited to that absolutely necessary to establish adequate ramp
slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings.
/
Paul Dowdey
Permit No. 34-20
Page 3 of 4
ADDITIONAL CONDITIONS
�- Docking Facilities
16) This permit authorizes only the removal of the remnant dock, and the construction of the docks, piers, tie
pilings and boat 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 these docking facilities without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification. /
17) 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. `
Freestanding Mooring Buoy
18) This permit authorizes only the mooring buoy and uses located in or over the water that are expressly
and specifically set forth in this permit. No other structure, whether floating or stationary, shall become
a permanent part of this mooring without permit modification. No non -water dependent or commercial
uses of structures shall be conducted on, in or over Public Trust waters without permit modification.
19) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and NC
Wildlife Resources Commission requirements and the required marking maintained for the life of the
mooring.
20) Freestanding moorings must bear the owner'§.name, state vessel registration numbers and/or U.S.
Customs Documentation numbers. Required identification must be legible for the life of the mooring.
21) The type of material used to anchor the mooring buoy must be non-polluting and of sufficient weight
and design to safely anchor the buoy and vessel.
22) If freestanding mooring are to be replaced, the mooring shall comply with those guidelines of the
Division in place at that time.
General
/ 23) No attempt shall be made by the permittee tgprevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
24) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facilities or mooring buoy. Any sewage discharge at the docking facilities or mooring buoy
shall be considered a violation of this permit for which the permittee is responsible. This prohibition
shall beppplied and enforced throughout the entire existence of the permitted structure.
25) This permit authorizes a maximum of 4 formalized boat slips, 3 formalized boat slips within the basin
and one formalized boat slip located at the ipooring buoy.
Paul Dowdey
ADDITIONAL CONDITIONS
Permit No. 34-20
Page 4 of 4
26) This p5xr6it shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
27) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
projec�tiation.
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-2020-00030) issued 3/24/20.
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. 19-1752.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 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 water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
A A,
�11 to
goU0
170
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant: p� �__Nwdq _ ---
Type: (Check all that apply)
i
New __V Major Mod
Permit# Minor Mod _ _ _. Renewal Transfer
dfikwi
Permit Coordinator: __ &IT —a
Field Representative:
Date Time
wr iQ,,
YV
nprreck
Message
�C .e-c46w-d i n A NC Aa
aSkGG '�lA� I`�IL`l`�r21141111,,hil IZ3
W0,04k ZS Sri (-L,
DCM Coordinator: �AQ Permit #: 'ZZ -)
MAILING DISTRIBUTION SHEET
et:A'�
/ - V U
DCM Field Offices
Elizabeth City �/ Washington (with revised work plan drawings)
Morehead City �� " Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
rush Pelletier (Berrie, Currituck, Dare, Ga Pamlico, Pasquotank, Washingloa
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Anne Deaton
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
At)(7' h Wig.lorn-sW(CV_ "l,ga/
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Natural Heritage
��Program Rodney (Butler
LPO: !A'F� L �,In(gM 6
(NCDOT) Travis Wilson
1EII11F-1
APPLICATION for nfCLt..IVCW
Major Development Permit u`3 `u'm
(lost ravlsid 12127106) DiiCM-EC
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Rimary Applicantir Landowner Information
Business Name
NIA
Project Name (if applicable)
NI
Applicant 1: First Name
MI
Last Name
AU.L
W
owOE
Applicant 2: First �Name 1 A
MIA 1 (�
'v
Lost Name I A
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
2-n rnAesH cA taw
PO BOX
N Iry
City
State
N L
ZIP
"2-71 50
Country
1
Phone No.
`I of5`i5 3z, NIs+
FAX No.
NI -
Street Address (if dAe I Am�abfove)
City
slas ,'A
1v
ZIP ^, IA
/V
Email -C//I Wa I
�Ir
/�A
l-om
I Agent/Contiractorinformation
Business Name ^ 1 I A
Agent/ Contractor 1: First Name
MIA
MI
NIA
Last Name
NIA
Agent/ ContractorN First Name
MI 1�
Last Name t,,)I
Mailing Address N I nH
PO Box I�
N
Clly
N �
S w IA
21P NIA
'v Q
{� I A
Phone No. 11.1
N
_ ext.
Phone N I� . 2
ext.
N
FAX No.
Contractor #
Street Address (if different from above)
NIA
C"
NIA
State
NIA
DP
Nip
Email
NIA
<Form continues on back>
I
252.808.2808 :: 1.888.4RCOAST rr www.nccoastal management. net
Form DCM MP-1 (Page 2 of 4) Received APPLICATION for
Lam., V :; Major Development Permit
INN
'Slj.4t
..:4
= ,i
County (can be multiple)
Street Address
Stale Rd. 0
P-r 5
Subdivision Name
City
State
Zip
NIA
K,I
I NL
-7
Phone No.
LA
Lot No.(a) (if many, attach additional page with list)
104 -575 g5e%'N
N /A
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
U M 11-
NbftHN
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
/' ll P—'�!
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning judsdktion or city limit the proposed
MYes ❑No
work falls within. nO Cv
a. Total length of shoreline on the tract (ft.)
to. Sae of entire tract (sq.ft.
14�r��a
133 -P+.
aura ae�-e5/b sf
c. Size of Individual IIts)
NIANWL
d. Approximate elevation of tract above NHW (normal high water) or
(normal water Woo
(If many rot sizes, please attach additional page with a list)
t AHW or ❑NWL
e. Vegetation on tract
m1ktu ve of -Ce5cue f bermuda, cjvtgra
&ergreen "d ha,rct Lvoo fvv e7
f. Man-made features and uses now on tract
5ingl� fcw Illy hOW ei lops(), 6hMof4torii5 cou-tf&
g. Identify and describe the existing land uses adjacent to the prpposad project site.
NOMA 151A = 51 ('191C -CamI Icy hOvnfS
5bakh 60e, macklaq iebnd KW/
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable ning?
��
(Attach zoning compliance certificate, g applicable)
)Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes o
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Oyes eo ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does k involve a (YlYes ❑No []NA
National Register listed or eligible property! ✓�
<Forfn continues on next page>
2019
252.808.2808 :: 1.888.4RCOAST :: www.nccoastelmanegement.net
Received
Form DCM MP-1 (Page 3 of 4) APPLICATION for
DEC U 2 Lu w Major Development Permit
m. (p Are there wetlands on the site? ❑Yes No
5ce akwcV) Ytie-m+ #1
(II) Are there coastal wetlands on the site? ❑Yes XNo
(lit) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, it available)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
W .�
p. Describe existing storm water management or treatment systems.
�DY I
5. ActivlBea and Impacts
a. Will the project be for commerclal, public, or private use?
Pr 14 Lo
❑commercial ❑PubiwGovernmenl
Xerivate/community
b. Give a brief description of purpose, use,, and daily operations of the project when complete.
eacl�to i 1 fXt'?✓r VY-1
'+Q P
r e0
c. Describe the proposed construction methodolog , types of construction equip en to be used dV/u��rir{//ng cconrstruaion, t a numberoffeaacchT/,npe
of equipment and when it is lobe stored. Yj JI/Yi /n 1 �eef� jn i I I j/ j jJC /
ltir/L,/M IvWaLI^}+��✓4-r
d-der oad.e r
W "�C!
otl ae 5i ��� d
'
d. List all development activities you pmp
vnIniUk YU
e�y�
a.
lCrrn��
Pr
e. re the prcpo d ac h a maintenance n an existing pro' ct, new work, or both?
from the proposed project?
f. Whal'a the approximate total disturbed land area resuAi.51
sq.Ft or ❑Acres
50inng
�i
g. Wit the proposed project encroa h 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 slate.
1. Will wastewater or stormwater be discharged into a wetland?
❑Yes No ❑NA
If yes, will this discharged water be of the some salinity as the receiving water?
[]Yes ❑No A*
I. Is there any mitigation proposed?
❑Yes No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
252-808-2308 :: 1-8B8.4RCOA8T :: www.nccoastaimanagement.net
Received
Form DCM MP-1 (Page 4 of 4) APPLICATION for
Lw V ? cb.J
Major Development Permit
S. , Additidnal inforinatldh __
In art NW to this completed application form, (MP-1) this following items below, If applicable, must be submitted in older.fpr 8fe aPpllGaaaa
Papkage to be complete. Items (a) - 0 era always applicable to any mill development application: Please consult the epnliaalim
instruction booklet on how to propedyprepam 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 l'Phone No.-1 -7iY15 IIW —la r4-
Addremit Uo Pion lQA Q_345�
Name Phone No.
Address `)LO I),1,���I �F4'lllilJ�L��r�L tX MJV ��• i2qr3lD(�
Name .�[ - _ Phone No.
Address, NIA
g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, peoniaee, and issuing dates.
h. Signed consultant or agent authorization form, If applicable.
1. Welland delineation, if necessary. ^ t
J. A signed AEC hazard notice for projects in 15ceanfront and inlet areas. (Must be signed byproperty owner) to[A
IL A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves axpenditur
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Poliey Act.
7. Ceril ication 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 information provided in this application is truthful to the best of my knowledge.
Date q Print Name '[p�
Signature
Please indicate application attachments pertaining to your proposed project.
YDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
252-808-2808 .. t-888-4 RC OA57 .. www.nccoastalmanagement.net
Received
Form DCM MP-2
EXCAVATION and FIQrM-Fri
(Except for bridges and culverts)
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.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet.
Length
Width
Avg. Existing
Depth
Final Project
Depth
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
60'
r
S '
NA
NA
_
5 '
NA
NA
1. EXCAVATION
a. Amount of material to be
cubic yards.
from below NHW or NWL In b. Type of material to be excavated.
I This section not applicable
c. (i) Does the area to be excavated Include coastal wetlands/marsh d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other milands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(it) Describe the purpose of the excavation In these areas:
2. DISPOSAL OF EXCAVATED MATERIAL AI nis section not applicable
e. Location of disposal area. b. Dimensions of disposal area.
C. (i) Do you claim tale to disposal area?
[]Yes ❑No ❑NA
(d) If no, attach a letter granting permission from the owner.
d. 0) Will a disposal area be available for future maintenance?
❑Yes []No ❑NA
(li) If yes, where?
e. (I) Does the disposal area include any coastal wetlands/marsh I.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(If) Describe the purpose of disposal In these areas.
(1) Does the disposal include any area in the water?
[]Yes []No ❑NA
(ii) If yes, how much water area is affected?
nF(� I k) 7",iql
252.808.2808 :: 1.8884RCOAST :: www.necoastaimananement.net revised: 12/26/06
Received
Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION UUM-C.l r ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
❑Riprap ❑Breakwater/Sill ❑Other:_
c. Average distance walerward of NHW or NWL.
nl
e. Type of stabilization material:
pm1 dleex ,
g. Number of square feet of fill to be placed belowwater level. h.
Bulkhead backfill A y70l Riprap
Breakwater/Sill" Other I La"
I, Source of fill material.
10-1 34d
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No
It yes,
(II) Amount of malarial to be placed in the water _
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
How will excavated or fill material be kept on site and erosion
controlled?
(1) Will navii aids be required as a result of the project?
❑Yes J4No DNA
(it) If yes, explain what type and how they will be implemented.
dtIN
Date
a 2 0 MIEN CAE-- [A I kV
Project Name
Width: iI
Maximum distance waterward of NHW or NWL.
(i) Has there been shoreline erosion during preceding 12
months?
XYes ❑No DNA
(ii) If yes, state amount of erosion and source of erosion amount
information.
aPPru
Type of fill material.
ki I dirk
not applicable
(I) WIJ fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetatlon (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SAV _ ❑SB
❑WL ❑None
(u) Describe the purpose of the fill in these areas:
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
d. (i) Will wetlands ossed In transporting equipment to project
site? [:)Yes No DNA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
e'a u L Dowi)Enj
Applicant ame
SignatureSign/altuJur Applicant Signature
252-808.2808 :: 1-888.4RCOAST n w .neeoastalmanaaement.net revised: 12/26/06
Form DCM MP-4 RecelVed
STRUCTURES DEC U2
(Construction within Public Trust Areas) ��ryry//��
DCM-F(%
Attach this form to Joint Application for CAMA Major Permit, Form OCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
a. (i) Is the docking facility/marina: b. () Will the facility be open to the general public?
❑Commercial ❑Public/Govemment i'dPrivate/Community, ❑Yes ANo
c. (i) Dock(s) and/or pier(s)
(II) Number
I
(ii) Length
(iv) Width
5'
(v) Floating
[]Yes ❑No
d. (i) Are Finger Piers included? ❑Yes ;<No
If yes:
(ii) Number
I
(iii) Length
(iv) Width _
(v) Floating ❑Yes []No
e. (i) Are Platforms included? A(es ❑No
If yes:
(ii) Number
(iii) Length A122
(iv) Width I Lol
(v) Floating ❑Yes %No
Note: Roofed areas are calculated from dripline dimensions.
(i mba/r of slips proposed
�Jl�_ i
(h) Number of slips existing
1. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
00pen water; no dredging required
❑Other; please describe:
k. Typical boat length:
m. (I) Will the facility have tie pilings?
(gYes ❑No
(ii) f yes number of lie pilings?
I. (i) Are Boatlifts included? oYes []No
If yes:
(11) Number
(iii) Length (�
(iv) Width JAI
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
�WOockage ('wet slips') only, number of slips:
B'Dry storage; number of boats: )
Boat mmp(s); number of boat ramps:
❑ Other, please Describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
lgn ru,r)C*0a
I. (i) Will the fsq1hy be open to the general public?
❑Yes NNo
pCr l
252.808.2808 :: 1.888.4RCOA3T :: www.nccoastaimannoement.net revised: 12/27/06
ReCeived
Form DCM MP-4 (Structures, Page 2 of 4)
lad
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding lank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
is. (1) Give the location and number of 'No Sewage Discharge' signs proposed.
(ii) Give the location and number of'Pumpout Available signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
In. Give the number of channel markers and 'No Wake' signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
L If this project is an expansion of an existing marina, what types of services are currently provided?
252.808-2808 :: 1-888-4RCOAST :: www.nccoaatalmanagement.net revised: 12127106
Form DCM MP-4 (structures, Page 3 of 4)
on. Is the marina/docking facility proposed within a primary or secondary nursery area? Rent ived
❑Yes ❑No
n. Is the marins/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No '� �� - 1
o. Is the marmaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegeta8onkliV), shell bottom
(SB), or other wedands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
p. Is the proposed marma/docking facility located within or within close proximity to any shellfish leases? []Yes El No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
a. (1) Is the boathouse sbucture(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(it) Number
(III) Length _
(Iv) Width
Note: Roofed areas are calculated from dripline dimensions.
a. (i) Number
(;,)Length
(iii) Width
a Length
c. Maximum distance beyond NHW, NWL or wetlands
❑Commercial ❑Public/Government XPrivatelCommunity,
c. Distance to be placed beyond shoreline LaD
Note: This should be measured from marsh edge, it present.
e. Arc of the swing
IDI
b_ Average distance from NHW, NWL, or wetlands
!.%.IL�.a ► r� 1 .IJ II
MAIN
252.808-2808 :: 1-888-4RCOAST :: vvvyw_nccoastaimanagement.net revised: 12/27106
Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structures) to adjacent riparian property lines
Al.hl
Note: For buoy w mooring piling, use arc of swing Including length
ofvessel.
c. Widthofwater y
� it m1. e5
e. (1) Will navigational aids be required as a result of the project?
[]Yes )dNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
315
d. Water depth at waterward end of structure at NLW or NWL
-3-� received
I.— LA 6.1
VMEC
DEC 19 Z019
252-808-2808 :: 1-888-4RCOAST :: www.nccoaslaimanagement.net revised: 12127/06
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Bodnar, Gregg
From: Bodnar, Gregg
Sent: Monday, February 17, 2020 12:29 PM
To: theflywaylodge@gmail.com
Cc: Corbett, Robert W
Subject: Dowdey Extension
Attachments: Dowdey EXT.pdf
Afternoon Mr. Dowdey,
Please see the above attachment for a copy of the extension letter. I hope to have things completed shortly.
Thanks,
Gregg
DEQ�
uwn�usara �/ i
LrvmaaCfmimm[s�6C7�
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 21S (Office)
Gregg8odnar&ncdenrgov
Email correspondence to and jmm this address is subject to the
North Coroffna Public Records taw and may be disclosed to thVrd parties.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
EnvlronmadW Quality
February 17, 2020
Paul Dowdey (theflywaylodge@gmail.com)
Dear Mr. Dowdey,
F
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Permit to undertake development activities to construct a bulkhead, boat ramp and docking
facility, in Currituck County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make April 30, 2020 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov).
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
Cc: DCM Elizabeth City
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Paul Dowdey COUNTY. Currituck
PROJECT NAME: Shoreline protection, docking facility
LOCATION OF PROJECT: 220 Marsh Causeway, Knotts Island
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-2-19
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No
FIELD REPRESENTATIVE: Robert Corbett �f DISTRICT OFFICE: ELIZABETH CITY
DISTRICT MANAGER REVIEW: <�4 U Date Jjk/14/1oI4
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S400 (6W40) k III(D)
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 12-22-19 END OF NOTICE DATE: 2-11-20
ADJ. RIP. PROP NOTICES REC'D: DEED RECD: Yes
C) 75 DAY DEADLINE: 2-15-20 150 DAY DEADLINE: %r( 7A?
EMAIL OUT DATE: 12-19-19 STATE DUE DATE: 1-9-20
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DAB
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
ucaa — Field Rep `I /lL
DCM — LUP Consistency Determination tZ 31 P
con �
Local Permit Officer I t I
Corps of Engineers — Regulatory Branch
zi
DWR-401 Section
(7
DWR —Public Water Supply
tZ(
DEMLR—Stormwater
r (y
DEMLR— Sod and Erosion
17
DOA — State Property Office
IT,
Wildlife Resources Commission �
DMF — Shellfish Section
DMF — Habitat & Enhancement 1
DNCR — Archives & History 1
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce IZ
70 2�20 — Ci7 030 C
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o X
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I
DEC : .
DCM-MHD CITY
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director MEMORANDUM
TO: Gregg Bodnar, Assistant Major Permits Coordinator
THROUGH: Ron Renaldi, District Manager RAt2•
FROM: Robert Corbett, Field Representative i2[ )CI
DATE: December 12, 2019
SUBJECT: Paul Dowdey Major Permit Recommendations
The applicant proposes to construct a bulkhead on a previously hardened shoreline in which
remnant pilings, piers, walls, and rip rap remain. The applicant also proposes to construct 3 piers,
1 with a platform attached to the end. Lastly the applicant proposes to construct a total of 4 boat
slips, 1 being a boat lift, 1 being a mooring buoy, and the other 2 slips designated by the
placement of 4 tie piles.
The site of the proposed development is located at 220 Marsh Causeway, Knotts Island Currituck
County, adjacent to North Landing River connecting to Currituck Sound
The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), and
Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
1 SA NCAC 07H. 0208 Use Standards
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the
construction activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse
impacts upon the productivity and biologic integrity of coastal wetlands, shellfish bed,
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 3011 Elizabeth City, North Carolina 27909
Gregg Bodnar, Assistant Major Permits Coordinator
Paul Dowdey Major Permit Recommendations
December 12, 2019
Page 2
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning
and nursery areas.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(B) states that development shall comply with state and federal water and air
quality standards.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(D) states that development shall not increase siltation.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(E) states that development shall not create stagnant water bodies.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts
on life cycles of estuarine and ocean resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(G) stales that development shall not jeopardize the use of the waters for
navigation or for other public trust rights in public trust areas including estuarine waters.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking
Facilities, (7) Bulkheads. and (10) Freestanding Moorings pertain to this project, and those
subparagraphs not listed are not applicable to this project.
Paragraph (6) Piers and Docking Facilities
Subparagraph (6) (A) states, "Piers shall not exceed six feet in width. Piers greater than six feet
in width shall be permitted only if the greater width is necessary for safe use, to improve public
access, or to support a water dependent use that cannot otherwise occur;"
Consistent: The proposed development is consistent with the intent of this rule.
Gregg Bodnar, Assistant Major Permits Coordinator
Paul Dowdey Major Permit Recommendations
December 12, 2019
Page 3
Subparagraph (6) (B) states, "The total square footage of shaded impact for docks and mooring
facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a
maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips
shall not be counted in the total. Projects requiring dimensions greater than those stated in this
Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve
public access, or to support a water dependent use that cannot otherwise occur. Size restrictions
shall not apply to marinas;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (6) (C) states, "Piers and docking facilities over coastal wetlands shall be no wider
than six feet and shall be elevated at least three feet above any coastal wetland substrate as
measured from the bottom of the decking;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (6) (D) states, "A boathouse shall not exceed 400 square feet except to
accommodate a documented need for a larger boathouse and shall have sides extending no
farther than one-half the height of the walls and covering only the top half of the walls.
Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses
shall not be. allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not
apply to marinas;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (6) (E) states, ".The total area enclosed by an individual boat lift shall not exceed
400 square feet except to accommodate a documented need for a larger boat lift;"
Consistent: The proposed development is consistent with the intent of this rule.
Paragrauh (7) Bulkheads
Subparagraph (7) (A) states, 'Bulkhead alignment, for the purpose of shoreline stabilization,
shall approximate the location of normal high water or normal water level."
Inconsistent: The proposed bulkhead alignment averages f2' waterward of NWL.
Subparagraph (7) (B) states, `Bulkheads shall be constructed landward of coastal wetlands in
order to avoid significant adverse impacts to the resources."
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (7) (C) states, 'Bulkhead backfill material shall be obtained from an upland source
approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a
part of a permitted project involving excavation from a non -upland source, the material so
obtained may be contained behind the bulkhead."
bLL 1 9 LUIJ 1
DO?.-1-;'4j ID CI (
Gregg Bodnar, Assistant Major Permits Coordinator
Paul Dowdey Major Permit Recommendations
December 12, 2019
Page 4
Consistent: The applicants have indicated that clean fill will be used.
Subparagraph (7) (D) states, "Bulkheads shall be permitted below normal high water or normal
water level only when the following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep
grade bank, which will cause the applicant unreasonable hardship under the other provisions of
this Rule;
Consistent: The proposed development is consistent with the intent of this rule.
(ii) the bulkhead alignment extends no further below normal high water or normal water level
than necessary to allow recovery of the area eroded in the year prior to the date of application, to
align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the
unusual geographic or geologic features;
Consistent: The proposed bulkhead aligns with the adjacent property to the Northwest.
(iii) the bulkhead alignment will not adversely impact public trust rights or the property of
adjacent riparian owners;
Consistent: The proposed bulkhead connects to and aligns with the adjacent properties
bulkhead to the Northwest.
(iv) the need for a bulkhead below normal high water or normal water level is documented
by the Division of Coastal Management;
Consistent: The proposed development is documented in a Field Investigation Report.
(v) the property to be bulkheaded is in a nonoceanfront area.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph 00) Freestanding Moorings
Subparagraph (10) (A) states, "A "freestanding mooring" is any means to attach a ship, boat,
vessel, floating structure or other water craft to a stationary underwater device, mooring buoy,
buoyed anchor, or piling (as long as the piling is not associated with an existing or proposed pier,
dock, or boathouse);"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (B) states, "Freestanding moorings shall be permitted only:"
(i) to riparian property owners within their riparian corridors; or
Gregg Bodnar, Assistant Major Permits Coordinator
Paul Dowdey Major Permit Recommendations
December 12, 2019
Page 5
Consistent: The proposed development is consistent with the intent of this rule.
(ii) to any applicant proposing to locate a mooring buoy consistent with a water use plan that is
included in either the local zoning or land use plan.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (C) states, "All mooring fields shall provide an area for access to any
mooring(s) and other land based operations that shall include wastewater pumpout, trash disposal
and vehicle parking;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (D) states, "To protect water quality of shellfishing areas, mooring fields shall
not be located within areas where shellfish harvesting for human consumption is a significant
existing use or adjacent to such areas if shellfish harvest closure is anticipated to result from the
location of the mooring field. In compliance with Section 101(a)(2) of the Federal Water
Pollution Control Act, 33 U.S.C. 1251 (a)(2), and North Carolina Water Quality Standards
adopted pursuant to that section, shellfish harvesting is a significant existing use if it can be
established that shellfish have been regularly harvested for human consumption since November
28, 1975 or that shellfish are propagating and surviving in a biologically suitable habitat and are
available and suitable for harvesting for the purpose of human consumption. The Division of
Marine Fisheries shall be consulted regarding the significance of shellfish harvest as an existing
use and the magnitude of the quantities of shellfish that have been harvested or are available for
harvest in the area where harvest will be affected by the development;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (E) states, "Moorings shall not be located without written consent from the
leaseholders or owners of submerged lands that have been leased from the state or deeded by the
state;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (F) states, "Moorings shall be located and constructed so as to avoid adverse
impacts on navigation throughout all federally maintained channels. This includes mooring sites
(permanent or temporary), speed or traffic reductions, or any other device, either physical or
regulatory, which may cause a federally maintained channel to be restricted;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (G) states, "Open water moorings shall not be enclosed within breakwaters
that preclude circulation and degrade water quality in violation of EMC standards;"
Consistent: The proposed development is consistent with the intent of this rule.
Gregg Bodnar, Assistant Major Permits Coordinator
Paul Dowdey Major Permit Recommendations
December 12, 2019
Page 6
Subparagraph (10) (H) states, "Moorings and the associated land based operation design shall
comply with all applicable EMC requirements for management of stormwater runoff;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (I) states, "Mooring fields shall have posted in view of patrons a notice
prohibiting the discharge of any waste from boat toilets or any other discharge and listing the
availability of local pump -out services and waste disposal;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (J) states, "Freestanding moorings associated with commercial shipping,
public service or temporary construction/salvage operations may be permitted without a public
sponsor;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (K) states, "Freestanding mooring buoys and piles shall be evaluated based
upon the arc of the swing including the length of the vessel to be moored. Moorings and the
attached vessel shall not interfere with the access of any riparian owner nor shall it block riparian
access to channels or deep water, which allows riparian access. Freestanding moorings shall not
interfere with the ability of any riparian owner to place a pier for access;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (L) states, "Freestanding moorings shall not be established in submerged
cable/pipe crossing areas or in a manner that interferes with the operations of an access through
any bridge;"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (M) states, "Freestanding moorings shall be marked or colored in compliance
with U.S. Coast Guard and the WRC requirements and the required marking maintained for the
life of the mooring(s);"
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10) (N) states, "The type of material used to create a mooring must be free of
pollutants and of a design and type of material so as to not present a hazard to navigation or
public safety."
Consistent: The proposed development is consistent with the intent of this rule.
Gregg Bodnar, Assistant Major Permits Coordinator
Paul Dowdey Major Permit Recommendations
December 12, 2019
Page 7
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application and plans, I recommend a permit be issued to Paul Dowdy for the
development as proposed.
ROY,COOPER
cai'eriior-.
MICMLS BEGAN
segti7tiYy' .
BRMWN C DAVIS
olrraor
December % 201g
MEMORANDlJM:
FROM: Gregg,.Bodn
SUBJECT:
CAA
Applicant;.;,
Pau
Project Location:.
220
Proposed Project;
Ooi
:boa
comments with su orling data Is requested.
REPLY: This agency has no objection to the -project as proposed.
"Additionatcomments may -be attached""
This agenoy 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 projec( for reasons described.in the attached
commenits.
PRINT NAME w11 [
!trBC(�
AGENCY pgblf �q f?h )uy)4 YJ?6�10h RECE-IVE
SIGNATURE
DATE ��' a� a0�i DEC 1 g 2019
Mp SE
D Q
NorthCarollna DepartmentofEnvironmental Quallty I DlvislonofCaastalManagement
El"beth City Office 1401SouthGHDln5tmet5W(e30O I tHrabethaty, North Carolina.27909.
M2543901
'ROY COOPER
Governer
MICHAELs.RECAN
sevetary
BRAXTON C. DAVIS
Director
December 19, 2019
MEMORANDtfM:
NORTH CAROLINX
EwirunmentalQualrty
FROM: Gregg Bodnar; Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce -Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 044 643)
Gregg Bodnar ncdenr.00v
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Paul Dowdey
Project Location: 220 Marsh Causeway, Knotts Island in Currituck County
Proposed Project: Construct a bulkhead, 3 plers,1 with a platform attached to the and,
boatlift, mooring buoy, and 2 slips designated by 4 tie piles
Please indicate below your agency's positionor viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by January 9,'2020. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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*'
his 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 j-- C- Pot d, .-r K
AGENCY N C/, Ce wi w, e,,r e-
SIGNATURE / i_ �� RECE 4t'�p
E
DATE DEC 1 B 2019
D-2� MP SECTION
North Carolina Depaivnent ofDwironmental Quabry I Division of Coastal Management
Elizabeth City office 1 401 South Griffin Street, suite 30o 1 Elizabeth Ctry, North Carolina zM09
252.264,3901 "'
A
ROY COOPER
Gny¢rnor
MICHABLB, REGAN
s_.. .. _,...
BRAXTON Q DAVIS
D6e[ror
December 1S; 2019
MEMORANDUM:
FROM:
SUBJECT:.
Applicant:
Project location:
Proposed Project:
Pfease
Gragg Bodnar; Assistant Major Permits Coordinator
NCDEQ.- Division of Coastal.Management
460 Commerce Ave,,.Morehead City, NC 28557'
Fax: 252-247-3330 (Cou/lef 04-1&33)
prego.boll 'hka hedennaov
CAMA'LDredge. & Fill Applicatlon-Review!
Paul4owdoy ' . ,:
220 Marsh. CauseWay; Knolls Island In$urrituck%County
Construct=a bulkhead, 3 piers, 1 with a platformattached-16the end,
boatlik mooring buoy, and 2 sops designated by 4'1le piles
below
REPLY: This
projectand
If you have any questions
When appropriate,.in-depth
_ This agency has no comment on the proposed project..
This aqengy 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
nT �� comments:
b
PRINT NAME dz4( ZL L_4w
AGENCY $Jc'o ea=k— nan%
SIGNATUR RECEIVED
DATE JAN 2 ZOZO
DEQNIP SECTION WIND
North Carolina Department of Envlronmental0uality I DMslonofCoastalMaiagement
ESzabethcty 0fte 1401 South0r11t1t1 Street, Su1te700 I Elizabeth City, North carolNa27909
252.2643901
ROY COOPER
feoyernbY
1NICHAEL S. REGAN
Secretory
BRAXTON C: DAVIS
Director`
MEMORANDUM
NORTH CAROLINA
EnViMniaenfat Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coes anagement
FROM: Charlar OwenICCP, NE District Planner
Division of Co stal Management
SUBJECT: Major Permit Request by Paul Dowdey to install 1,335 linear feet of vinyl bulkhead,
a 15 foot wide by 60 foot long boat ramp, a 5 foot wide by 84 foot long pier with a
16 foot by 16 foot "T head terminus platform and a 12 foot by 14 foot boatlift and
two (2) tie piles, a 5 foot wide by 32 foot long pier with two (2) tie piles, a 5 foot
wide by 16 foot long pier, and a mooring buoy with a 10 foot are of swing on North
Landing River; at 220 Marsh Causeway, in KnottsIsland, Currituck County:
DATE: December31, 2019
Consistency Determination: The request is consistent with/not in conflict with the Currituck
County 2006 Core Land Use Plan (LUP) certified by the CRC on
May 18, 2007 as amended through July 2, 2019.
Overview: The subject property is a 26.53 acre site with approximately 1,335 linear feet of
shoreline along the North Landing River, which connects to the Currituck Sound. The property
elevation averages 6 feet above Normal Water Level (NWL). The site is located primarily outside
of a Floodzone, with shoreline areas located within an AE Floodzone.
Existing site improvements consist of a former hunt club lodge, a barn and a tennis court. The
lodge, known as the Flyway Hunt Lodge, is listed on the National Register of Historic Places. The
lodge is located a minimum of 44 feet landward of NWL. Existing shoreline improvements are
located along the southernmost 825 linear feet of shoreline. These include approximately 750
feet of remnant wooden bulkhead lined with concrete riprap and small bricks, a derelict 75 foot by
130 foot open water basin bounded by a perimeter of remnant sections of concrete groin, "U'-
shaped pier/platforms and a 20 foot wide entrance, and a 5 foot wide by 32 foot long pier located
within the basin. The remaining 510 linear feet of shoreline north of the basin is currently
unimproved, though remnant pilings located 35 feet waterward of NWL suggest it was once
protected with wooden bulkhead. Water depths range from -1 foot to -3 feet and average -2 feet
below NWL near the shoreline. The shoreline has an erosion escarpment ranging from 1 feet to
8 feet.
RECEIVE®
:9Q�
JAN 2 2020
North Carorata Department of Environmental Quallty I DiVISion of Coastal Management
Elizabeth City Office 1401 South Griffin StreetSuite300 l Eiizabeth City, North Carolina 279ut P SECTION M H D
2M64.3901 !�l 01 Ytli
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 5
Installation of 1,335 linear feet of vinyl bulkhead, a 15 foot wide by 60 foot long boat ramp, a 5
foot wide by 84 foot long pier with a 16 foot by 16 foot "T" head terminus platform and a 12 foot
by 14 foot boatlift and two (2) tie piles, a 5 foot wide by 32 foot long pier with two (2) tie piles, a 5
foot wide by 16 foot long pier, and a mooring buoy with a 10 foot are of swing is proposed.
The bulkhead will tie into the existing bulkhead on adjacent property to the north and extend a
maximum distance of 12 feet waterward of NWL at this location. The bulkhead will then taper
back to NWL for a distance of 40 feet and average a distance of 2 feet waterward of NWL for the
remaining 1,295 feet. The bulkhead will terminate with a 30 foot return wall at the southern
property line. All backfill material will be from a clean upland source. The boat ramp will be placed
in the open water basin and extend 30 feet waterward of NWL. The ramp will have a 1:10 slope
ratio. The 32 foot long pier will replace the existing pier in the basin. Existing remnants will be
removed as needed to accommodate new structures. The tie pilings will create two (2) boat slips.
The mooring buoy will be located 120 feet waterward of the bulkhead and will be located in 3 feet
of water
The waters of the North Landing River in this area are classified as SC and Joint Waters and are
closed to shellfish taking: No submerged aquatic vegetation was observed growing at the project
site. Based on available_ information, there appear to be no archaeological sites on or near the
property.
Anticipated impacts resulting from this project are expected to include: the filling. of 3,120 sq. ft.
of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the shading of
1,163 sq. ft. of Public Trust Area/Estuarine Waters AEC, and; the disturbance of .62 acre of
Estuarine Shoreline AEC.
Basis for Determination:
The site is designated as "Limited Service Areas' on the Currituck County Future Land Use Map
(FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation Areas'
as indicated on Page 11-1.
As indicated on Page 11-2, the purpose of the Limited Service designation is to provide for
primarily residential development at low densities. The policy emphasis for Knotts Island is
indicated on Page 11-11. Developable areas are to remain as low to very low density residential,
at predominately 1 unit per 3 acres. As indicated on Page 11-1, the purpose of the Conservation
designation is to provide for the long-term management and protection of significant, limited,_ or
irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational,
scenic or biologically productive values of these areas. The designation is applied to. areas that
should not be developed at all (preserved), or if developed, done so in a very limited manner
characterized by careful planning and cautious attention to the conservation of environmental
features. As indicated on Page 11-2, the standards of the Conservation class shall be applied in
accordance with the site specific information made available during special
land land development process. 1
JAN 2 2020
NIP SECTION IMHD
North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 3 of 5
Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or
foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial
support'
Land Use Plan policies address the use of vegetated buffers to reduce pollutants and protect
water quality. In this case, bulkhead will help protect water quality by reducing soil erosion and
sedimentation.
The following LUP policies may be applicable to this request:
Public Access Policies (PA):
Policy PA1, Page 9-3.
"Public access to the sound and ocean waters of Currituck County is essential to
the quality of life of residents and visitors, as well as the economy of the area.
The County supports the establishment of ADDITIONAL PUBLIC AND PRIVATE 177
ACCESS opportunities to the waters of Currituck County...."
Land Use Compatibility:
Policy ES4, Pages 9-5 and 9-6.
"In approving new developments, Currituck County shall support the retention or
creation of vegetated buffer area along the ESTUARINE SHORELINES as a
simple, effective and low-cost means of preventing pollutants from entering .
estuarine waters. Exceptions to this requirement may include developments
involving pre.existing man-made features such as hardened shorelines, ditches,
and canals... The County also supports CAMA use standards for all COASTAL
SHORELINES, whether estuarine.or otherwise."
Policy ES5, Page 9-6.
"Uses allowed in ESTUARINE WATERS must be water dependant (public
access, docks, piers, erosion control, and other CAMA-approved uses) and must
not interfere with the proper function, cleanliness, salinity, and circulation of the
resource..."
iPYJ e
f,.. f. Y.... i ' i
JAN 2 2020
RAP SECTION MHD
I�
North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 4 of 5
Policy ES6, Page 9-6.
"The location and design of piers and docks shall not unduly interfere with the
rights of the public to the free and unobstructed use of PUBLIC TRUST WATERS
for navigation, fishing, and other uses. Efforts to limit the length of, piers into
public trust waters shall be supported."
Natural Hazards:
Policy NH 1, Page 9-16.
"The County recognizes the risks to life and property that exist within SPECIAL
FLOOD HAZARD AREAS (i:e. areas having a 1 % chance of flooding in any year)
that may be inundated during major storm events. The County will continue
taking measures to mitigate these risks and will avoid taking any action in these
areas that materially increases risks to life and property."
Policy NH2, Page 9-16.
"The County shall require development and redevelopment within SPECIAL
FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance
Program and the County's Flood Damage Prevention Ordinance..."
Policy NH 8, Page 9-16.
"Currituck County encourages owners of PROPERTIES ALONG ESTUARINE
SHORELINES to employ the least hardened approach to shoreline stabilization
(i. e. marsh grass favored over riprap favored over bulkhead, etc.) provided that
reasonable access is available to install the technology available."
Water Quality:
Policy WQ 3, Page 9-17.
"Currituck County supports policies, plans and actions that help protect the water
quality of the county's estuarine system by preventing SOIL EROSION AND
SEDIMENTATION, and by controlling the quantity and quality of STORMWATER
RUNOFF entering the estuary."
RECEIV
ED
JA N 2 2020
�' SECTION MHD
r
North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 5 of 5
Policy WQ 6, Page 9-17.
"Currituck County supports.the retention or preservation of VEGETATED
BUFFERS along the edge of drainage ways, streams, and other components of
the estuarine system as an effective, low cost means of protecting water quality."
Local Countywide Concerns:
Policy HP1, Page 9-20.
"Local efforts to identify, designate and preserve SITES, BUILDINGS AND
DISTRICTS OF PARTICULAR HISTORIC SIGNIFICANCE shall be supported."
Policy HP2, Page 9-20.
"Multiple and appropriate ADAPTIVE REUSE OF HISTORIC RESOURCES
shall be encouraged.
Policy HP3, Page 9-20.
"Development of the TOURISM AND EDUCATIONAL POTENTIAL of the
area's architectural, historic and cultural resources shall be encouraged."
Policy HP4, Page 9-20.
"The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC
RESOURCES, AND ARCHAEOLOGICAL RESOURCES in the planning area
shall be discouraged."
Policy HP5, Page 9-20.
"DEVELOPMENT SITES CONTAINING SIGNIFICANT HISTORIC RESOURCES
shall be encouraged to honor such resources within the design of their
development proposals. Opportunities may include, for example, incorporating
such resources into common open space, donating such areas for tax credits, or
making such areas available for acquisition and preservation."
J A N 2 2020
RqP SECTION VIHD
-
{ SUBJECT: LAMA%Dredge & F#I Apphcation,Review�
Applicant:.: pautDowdey
Project Location: 220 Marsh Causeway, Knotts Island In Currituck County -
Proposed Project: Construct ulkhead, 3'plers,1 with a platform attached tothe end;
boatllft; ma booritigbuoy, ant12'slips designated by 4 tie piles.
Please:(ndloate bellow. your agency's position or viewpoint on'lhe proposed; project and .. .
return this form to Gream Bodnar at, the address above by January 9, 2020. If you have eriy questions
regarding the proposed project; contact Ron Renaldi (2,52 264-3901, sxt. 236) when appropriate, In-depth
cominsnts withsupporting data'is requested:
RFPIIV' L,� 'Thlc'nnnnnv'h4n eic nrninnbm.nrn....nn.l
--Haamonal comments may ue attacned - • - . -
This agency has no'comment on theproposed project.,
This agency approves of ttie'project only if the recommended changes
are incorporated. See attached.`
This ageticyobjects to the project for-reasons'described,in the attached,
coYnmentsi .
PRINT NAME_ SAI"(Tl2," DUr')gc/j '
AGENCY"ii-� �d S
SIGNATURE _---a_> RECEIVE®
DATE //`j
JAN 2 2020
DEQ MP SECTION MH®
_ North Caro0liaeepirtmerit or FhvlroninehtatQualtty_I,DMslon of Coastal Munagetnent __ _ _ _
eirebcth City ofecel4a15outh Crif6S1:tt Sulte300 F&abetti Gry NorthCerollm 27909
. ' ZZ2643901 • .
Received: 12/27/2019'
State Historic Preservation.Office
ROY COOPER
Gm or
MICHAELS.REGAN
seadtory
BRAXTON C. DAVIs
Duector
December 19,, 2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ Division of Coastal Management
400 Commerce.A4e:, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16.33)
gLegg:bodnar aanodencdoy
SUBJECT: CAMA /Dredge & Fill Application' Review
ER 19-5474
Due -- 1%7/20
A-0, OF
Applicant: Paul Dowdey
Project Location: 220 Marsh Causeway, Knotts Island In Currituck-County
Proposed Project: Construct a bulkhead,3 plers, I with a platform attached to the end,
boatlift, mooring buoy, and 2 slips designated by 4 tie plies
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grew Bodnar at the address above by January 9, 2020. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no.objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee hlerihill-Farley RECEIVED
AGENCY State Historic Preservation. Office RECEIVED
UGAAURE REND"
DATE
MP SECTION PAHD
-E`Q
-3
North Carolina Department ofErtAronmantal quay I DM61a1 ofCoastalManage t . DEC 3-1.
E9abeth0ty Orttu 1401SwLhGflDtnStrwLSWoi300 l EPrabethMy. North Cirdhu27909
25226439o1
ROY COOPER
Gov .
MICHAEL S. REGAN
Serrelary
BRAXTON C. DAVIS
Director
6, Iq.11-3o.01
December 19. 2019
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier04-16-33)
greQa. bodnarQncdenr.aov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Paul Dowdey
Project Location: 220 Marsh Causeway, Knotts Island In Currttuck County
Proposed Project: Construct a bulkhead, 3 piers, 1 with a platform attached to the end,
boatllft, mooring buoy, and 2 slips designated by 4 tie piles
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaft Bodnar at the address above by January % 2020. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME 1V Igri� 1 , Dunn
AGENCY
SIGNATURE
DATE
I'll 711"EIVED
,a A,.v t_ 4
JAN 2020
t03 ? S01-:^TION NIHD
North Carolina Deparintrnt ofFmironmental Quality I UNision of Coastal Management
Elizabeth City OfOce 1401 South GrIMn 5treet. SWte 300 I Elizabeth City, North Carolina 27909
252.264.3901
ROY COOPER
Gowrnor
MICHAEL S. REGAN
Seoeaory
BRAXTON C. DAVIS
Dlrecfor
December 19, 2019
MEMORANDUM:
NORTH CAROLINA
Envir naamfarQuality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
greQq. bodnar((Dncdenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Paul Dowdey
Project Location: 220 Marsh Causeway, Knotts Island in Currituck County
Proposed Project: Construct a bulkhead, 3 piers, 1 with a platform attached to the end,
boatlift, mooring buoy, and 2 slips designated by 4 tie piles
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 January 9, 2020. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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
PRINT
AGENC
SIGNA'
DATE
D QZ
RECEIVED
JAN 1 0 2020
MP SECTION MXD
North Carolina Department of Emlronmental Quality I Division of Coastal Manage t
Elizabeth City Office 1401 South Griffin Stmet. State 300 1 Elzabeth City. North Carolina 27909
2512643901
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Paul Dowdey
220 Marsh Causeway
Knotts Island, NC 27950
Dear Mr. Dowdey:
NORTH CAROLINA
Environmental Quality
January 14, 2020
Subject: Stormwater Permit Exemption
StormwaterProject No. SW7191204
CAMA Bulkhead Project
Currituck County
On December 19, 2019, the Washington Regional Office of the Division of Energy, Mineral,
and Land Resources received a copy of your CAMA Major application for a project located at 220
Marsh Causeway at Knotts Island, NC. The proposal involves the construction of a bulkhead, pier
and boat lift. No new structures or impervious areas are proposed for the high ground portion of
the property at this time. Staff review of the plans and specifications has determined that the
project, as proposed, consists of activities that will not pose surface water quality threats from
stormwater runoff. The Director has determined that projects that are reviewed and approved by
the Division as not posing water quality threats from stormwater runoff should not be subject to
the stormwater management permitting requirements of 15A NCAC 211.1000. For this reason, we
are informing you by way of this letter that the current project will not require a State Stormwater
management permit.
The stormwater rules require the Division to permit the common plan of development,
therefore, any future development on the property, regardless of whether a SEC plan or CAMA
Major permit is also required, will require a Stormwater Management Permit application and
permit issuance from the Division of Energy, Mineral, and Land Resources prior to any
construction. Any construction on the subject site, prior to receipt of the required permit, will
constitute a violation of 15A NCAC 2 H.1000 and may result in appropriate enforcement actions by
this Office.
Please keep in mind that this determination does not affectyour legal obligation to obtain
other permits and approvals, which may be required by Federal, State, or local government
agencies, rule or law. If you have any questions, or need additional information concerning this
matter, please contact this office at (252) 946-6481.
Sincerely,
r
Q
Bill Moore
Environmental Engineer
Washington Regional Office
cc: WARO RECEIVE®
ec: Greg g.bodnarOncdenr.gov
JAN 1 7 2020
IV#P SECTION MHD
D��� North Carolina Department of Environmental Quality l Division of Energy, Mineral and Land Resources
Washington Regional Office 1 943 Washington 5quare Mall I Washington, North Carolina 27889
�\ e 252.946.6481
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
December 19, 2019
NORTH CAROLINA
Ehvfronmenraf Quaffty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
areaa.bodnar(ftedenr. oov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Paul Dowdey
Project Location: 220 Marsh Causeway, Knotts Island In Currltuck County:
Proposed Project: Construct a bulkhead, 3 piers, I with platform attached to the end,
boatlift, mooring buoy, and 2 slips designated by 4 tie piles
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Graaa Bodnar at the address above by January 9, 2020. If you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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. DWR Project No. 19-1752
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 Anthony Scarbraugh
AGENCY DWR SIGNATURE r9r> ere SC&441.p.I/,RECEIVE®
DATE 01/17/20
JAN 1 7 2020
��DFW,� IMP SECTION MH®
North Carolina Department of Environmental Quality I DIvlslonofCaastalManagement
Hkabeth Oty Ofnce 1 401 South GtifOnStreet, SWte3001 Elizabeth City, North Carolina 27909
2SZ2643901
ROY COOPER
Governor
MICHAEL S. REGAN
Serrerary
BRAXTON C. DAVIS:
Director
December 19, 2019
MEMORANDUMS
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-18-33)
regg.bodnarAncdenr.gov
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Paul Dowdey
Project Location: 220 Marsh Causeway, Knotts Island in Currituck County
Proposed Project: Construct a bulkhead, 3 piers,_1-wltha platform attached to the end,
boatlik, mooring 'buoy, -'and-2 slips dealgnated by 4 He piles
,Please indicate below your agency's:position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above bytJanuary`9,. 2020 'If'you have any questions
regarding the, proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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.
�o 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
ecomments. t
PRINT NAME Its 0-4-vdA- t,-Vy-..ca4X
AGENCY
SIGNATURE w� COL titJ �a .d
DATE ` YLy Y1. 14, aD a-D
D_`E`Q
p n,&---a
rRECEIV- E®
J A N 1 5 2020
WiP SECTION M14D
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City office 1401 South Grifnn Street. Suite 3001 Elzabeth City, North Carolina 27909
252.264.3901
ROY COOPER.
Governor
MICHAEL S. REGAN
sravary
BRAXTON C. DAVIS
Director
December 19, 2019
MEMORANDUM:
NORTH CAROLINA
En*onmentaiQuaaty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
greaa. bodnar0nodenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Paul Dowdey.
Project Location: 220 Marsh Causeway, Knotts Island In Currituck County
Proposed Project: Construct a bulkhead, 3 piers, 1 with a platform attached to the end,
boatlift, mooring buoy, and 2 slips designated by 4 tie piles
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Groaa Bodnar at the address above by January 9, 2020. if you have any questions
regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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 Kacee Zinn
AGENCY NCDMF Shellfish Sanitation RECEIVED
SIGNATURE /�C- gii for Shannon Jenkins
DATE 12/19/19 JAN 2 9 2020
D
MP SECTION MHD
Q)�
North Carolina Department ofEnvlronmental Quality I DlvhionofCaastalManagement
Elizabeth CityOfnce. 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
2SZ264.3901
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Paul W. Dowdey
220 Marsh Causeway
Knotts Island, NC 27950
1,NOT A CAMA PERMIT
r�� r
NORTH CAROLINA
Environmental Quality
January 31, 2020
D W R # 19-1752
CURRITUCK County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
DOWDEY RESIDENCE —220 MARSH CAUSEWAY, KNOTTS ISLAND
Dear Mr. Dowdey:
You have our approval for the impacts listed below for the purpose described in your application dated
December 19, 2019 and received by the Division of Water Resources (Division) on December 19, 2019.
These impacts are covered by the attached Water Quality General Certification Number 4175 and the
conditions listed below. This certification is associated with the use of CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to
use the LAMA Major Permit when the Division of Coastal Management issues it. 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. 'No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/ or (c)]
Type of Impact
Amount Approved
Amount
Plan location/
(units)
Reduced (units)
Reference
Permanent
Temporary
Attached
Open Water
OW-1 (Fill for Bulkhead)
0.06 (acres)
0 (acres)
OW-2 (Fill and Excavation for Boat Ramp)
0.01 (acres)
0 (acres)
OW-3 (Shading from Mooring Budy)
0 (acres) "79 ft2"
0 (acres)
page 8 9
of
OW-4 (Shading from Platform and
0.03 (acres)
0 (acres)
Boatlift)
OW-5 (Shading from Boatlift)
0 (acres) "168 ft2"
1 0 (acres)
.D
F E B 3 2020
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 943 Washington Square Mall Washington, North Carolina 2�79 �e .D
s ��®� /'� 252.946.6481 Bp,il 1`rd'-YL- H
PAUL W. DOWDEY
DW R# 19-1752
401APPROVAL
Page 2 of 3
2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4175. [15A NCAC 02H .0507(c)]
Continuing Compliance
3. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for
Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [SSA NCAC 02B .0220]
Other Conditions
4. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
1
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between B:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
Office of Administrative Hearings
6714 Mail Service Center
1711 New Hope Church Road
Raleigh, NC 27699-6714
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
F E B 3 2020
)' PAUL W. DOWDEY
D W RN 19-1752
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrau¢h@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Raw Tru.kiv►rl
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City (via email)
Robert Corbett, DCM Elizabeth City (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Laserfiche
F E B 3 2020
PAP SECTION MHD
Regulatory Division
SAW-2020-00030
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
e Q �d
Dear Mr. Howell:
��µ l Dwyer
Reference the application of The National Aud bon Society to construct a 1,335' bulkhead and
maximum distance of 2' waterward of NWL, a 60' long by 15' wide boat ramp, a 84' long by 5'
wide pier with a 16' by 16' platform, a 32' long by 5' wide pier, a 16' long by 5' wide pier and a 14'
long by 12' wide boat lift, adjacent to North River Landing, in Knotts Island, Currituck County,
North Carolina,.
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 State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached 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.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. 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 consgy�p,ar—
MAR 2 4 PnT
VUP SECTION W D
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.
4. 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.
5. 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.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. 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.
9. 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 113A Article 4).
10. 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 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waJ e �VE—:D
considered significant.
MAR 2 4 2090
MP SECTION WHID
'S
11. 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.
12. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee
shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.f\vs.gov/nc-
es/mammal/manatee_guidelines.pdf.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone (910) 251-4605.
Copies Furnished:
Mrs. Jennifer Burdette
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mrs. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Sincerely,
/���
Josh Pelletier
Regulatory Project Manager
RECEIVED
MAR 2 4 no
NIP SECTION � -ID
Atlanta, Georgia 30303
RECEIVE®
MAR 2 4 Pnpo
MP SECTION MHD
Bodnar, Gregg
From: Pelletier, Josh R CIV CESAW CESAD (USA)<Josh.R.Pelletier@usace.army.mil>
Sent: Tuesday, March 24, 2020 8:15 AM
To: Bodnar, Gregg
Subject: RE: [External] Paul Dowdey
a External email. Do not click s dr`opelt-atta- mints Unless you verNy. Send all strsptetous-em aTerY' - '
— nc.gov
Sorry about that! Fkverything but that name should be correct..... let me know if you need a corrected version....
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Tuesday, March 24, 2020 8:10 AM
To: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil>
Subject: [Non-DoD Source] RE: [External] Paul Dowdey
Hey Josh,
I noticed on the attachment that you had Audubon as the permittee and not Mr. Dowde4 Looks like the description is
correct. 1 will drive on and finish things up today and make note that the name is incorrect. Can you verify that this is
the case?
Thanks,
Gregg
From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh. R.Pelletierpusace.armv.mil>
Sent: Tuesday, March 24, 2020 5:43 AM
To: Bodnar, Gregg <gresg.bodnar@ncdencQov>
Subject: [External] Paul Dowdey
LLfXtema] email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
nc. ov_ T._.. ..a. __.
Gregg,
Attached is the authorization for Paul Dowdey in Currituck County. We are working remotely with limited access to
the network so if something blows up on your end that you need my assistance with, call my personal cell. 910-231-
1863! Thanks
I should get you Jenner sometime today. Any others you need from me?
Josh
Josh Pelletier
Project Manager
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, North Carolina 27889
Phone: (910) 251-4605
Email: josh.r.pelletierOusace.armv.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
Blockedhttp://corpsmapu.usace.army.mii/cm apex/f?P=136:4:0
Thank you for taking the time to visit this site and complete the survey.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Paul Dowdey
2. LOCATION OF PROJECT SITE: 220 Marsh Causeway, Knotts Island, N.C.
27950. Adjacent to North Landing River which connects to the Currituck Sound
Latitude: 36032'30.80"N Longitude: 760 0'19.22"W
3. INVESTIGATION TYPE: CAMA / Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/22/2019, 12/12/2019
Was Applicant Present — Yes, No
5. PROCESSING PROCEDURE: Application Received Complete — 12/2/2019
Office — Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Currituck County
Land Classification From LUP — Limited Services
(B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), and
Estuarine Shoreline (ES)
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing — Septic System
Planned - None
(F) Type of Structures: Existing — Rip -rap, Piers, Platform, Remnant
Bulkhead
Planned - Bulkhead, 3 Piers, 1 Platform, 1 Boat
Ramp, 4 Tie Pilings, 1 Boat Lift,
1 Mooring Buoy
(G) Estimated Annual Rate of Erosion: 3 feet / year
Source - Applicant
7. HABITAT DESCRIPTION:
SHADED FILLED OTHER
(A) Shallow Bottom E W, and PTA
AEC
2670 sf (Bulkhead)
450sf (Boat Ramp)
(B) High Ground within ES and
26,700sf (Bulkhead)
PTA AEC
450sf (Boat Ramp)
(D) Open Water E W and PTA
79sf (Mooring Buoy)
AEC
916sf (Piers and Platform)
168sf Boatlift)
(D) Total Area Disturbed: 31,433 sf
(E) Primary Nursery Area: No
(F) Water Classification: SC Open to Shellfishing: No
RECEIVED
DEC t R '119
DC6.-:;irli� CITY
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant proposes to construct the following:
• 1335' of bulkhead with a maximum distance waterward of
12' with an average of 2' waterward
• 60' x 15' Boat ramp
• 84' x 5' Pier with a 16' x 16' platform attached to the end
• 32' x 5' Pier
• 16' x 5' Pier
• 14' x 12' Boat lift
• 4 Tie pilings (designating 2 separate slips)
• 1 Mooring buoy with a 10' arc of swing
Project Setting
The site of the proposed development is located at 220 Marsh Causeway, Knotts Island
Currituck County, adjacent to North Landing River connecting to the Currituck Sound.
This property is the location of the historic Flyway Hunt Lodge and it is listed on the
National Register of Historic Places.
The property is approximately 26.53 acres in size and has approximately 1335' of
shoreline with an erosion escarpment ranging from 1' to 8'. The southern shoreline is
currently lined primarily with concrete rip rap with small bricks added throughout. This
riprap is directly behind a remnant wooden bulkhead which extends from the southern
property line in a northwest direction for ±750'. At this point the remnant bulkhead
transitions to a non-functioning groin that extends ±500' to the west perpendicular to
shore. This groin once provided protection for a large open water basin facility that is now
derelict. 120' of the groin has been backfilled with large blocks of concrete that extend
approximately 3' above NWL. This concrete groin formed the southern side of the open
water basin. The north side of the basin was formed by a remnant "L" shaped pier which
has a maximum distance of approximately 120' waterward of NWL extending northwest
before turning southwest for 30'. From the southern end of the "L" shaped pier/platform
there is a 30' open area before another section of platform starts. This platform extends
approximately 30' before connecting to the concrete groin. The placement of the pier,
platforms, and groin formed a 130' x 75' open water basin. Inside this basin sits a 32' x 5'
pier that is still in use today. The majority of the remaining ±510' of shoreline between the
basin and the northern property line is unhardened and littered with roots and fallen trees
with small arnounts of concrete riprap scattered along the length. Based on remnant piles,
this section of shoreline was once protected by a wooden bulkhead. The remnant pilings
are now ±35 waterward of the current NWL.
RECEIVED
DEC 19 2019
0C1'v9-,'"HG CITY
Field Investigation Report
Page 3
The elevation of the property averages +6' above NWL. As of now the parcel contains the
former hunt club lodge, a barn, and a tennis court. According to the USDA's Natural
Resources Conservation Services' Web Soil Survey, the majority soil on the property is
made up of Bojac loamy sand, with a small amount of Tomotley fine sandy loam sand as
well as Altavista fine sand present. These soils are covered with grasses that are mowed
periodically. The adjacent riparian property to the north is an empty lot within the East
Point Estates subdivision. This lot contains bulkhead shoreline and a "T head" pier which
extends t100' perpendicular to shore. This pier is located outside the applicant's riparian
corridor. The adjacent riparian property to the southeast is part of the Mackay Island
National Wildlife Refuge which contains no hardened structures. Based on available
information, there appears to be no archaeological sites on this property or nearby.
The waters of North Landing River in this area are classified as SC and are closed to
shellfish taking. The proposed project will take place in joint waters. Water depths within
the project site range from -1' to -3' and average -2' below NWL The bottom substrate
within the project area is made up of muddy sand. No submerged aquatic vegetation was
observed growing at the proposed project site.
Development Proposal
In order to prevent further erosion, the applicant proposes to stabilize the shoreline by
constructing 1335' of vinyl bulkhead. In order to connect to the bulkhead north of the
property the proposed bulkhead must extend a maximum distance of 12' waterward of
NWL at this location. The proposed bulkhead alignment will then taper back to NWL over
a distance of 40' where it will continue roughly averaging 2ft waterward of NWL for the
remaining 1295'. On the southeastern side of the bulkhead, the applicant proposes to
build a 30' return wall along the property line. Excavation of trees and rootballs may be
required along the western shoreline. All backfill material will be from a clean upland
source.
The proposed boat ramp will be constructed from concrete and will be 15' wide and 60'
long. The boat ramp will be placed in the open water basin facing southwest and will
extend 30' waterward of NWL. The proposed boat ramp will have a slope with a ratio of
1' 10' The water depth at the end of the proposed ramp is -2.5' measured from NWL.
Three piers have been proposed with this project. The first pier is located in the footprint
of the remnant pier which once formed the north side of the basin. This pier will be 84' x
5' and have a "T head" design with 16' x 16' platform attached to the end totaling a
maximum distance of 100' from NWL. On the northern side of the platform the applicant
proposes a 12' x 14' boatlift. The water depth at the proposed boat lift is -2 5' measured
Field Investigation Report
Page 4
from NWL. Also, proposed is a boat slip off the southern side of the pier. The boat slip will
be designated by 2 tie piles. The water depth at the proposed slip location is -2.5'
measured from NWL. The second pier will be replacing the current pier which is still in
use inside the basin. This pier will be 32' x 5' and will also have a proposed slip off the
southern side designated by 2 tie piles. The water depth at the proposed slip location is -
2.5' measured from NWL. The third pier will be located outside the basin ±400' from the
southern property line. This pier will extend southeast perpendicular to the shoreline, and
will be 16' x 5'. All three piers meet the''/<width rule and do not require a 15' setback.
Lastly, the applicant is proposing a mooring buoy south of the basin located 120'
waterward of the proposed bulkhead. The mooring buoy will have a 10' arc of swing, and
will be in located in 3' of water_
Anticipated Impacts
• The construction of the bulkhead along the proposed alignment will result in the filling of
±2,670 ft2 of the PTA and EW AEC with clean fill from an upland source along 1335' of the
ES AEC.
The construction of the bulkhead will disturb ±26,700 ft2 of high ground within the ES AEC.
• The construction of the boat ramp will fill 450 ft' of shallow bottom of the EW and PTA AEC.
• The boat ramp will have a 450 ft' high ground disturbance along a 15' wide portion along
the ES AEC.
• Combined the 3 piers, the platform, the boatlift, and the mooring buoy proposed will shade
1,163 ft' of open water of the PTA and EW AEC.
Submitted by: Robert Corbett
Date: 12/18/2019
Received
Narrative
Bulkhead/Dock Project DMEC
220 Marsh Causeway, Knotts Island, NC
9/3/19
We propose to build approximately 1335' of shoreline protection. We will excavate as needed
and install vinyl bulkhead according to the attached drawings. Excavation of existing shoreline
will be done to align the design and to remove any trees and/or rootballs to allow construction.
The new bulkhead will be built upon or inland of the previous wall to ensure that no land is
gained during this project. All excavated soil will be used for backfill.
The wall will run from the existing neighboring bulkhead at the northernmost point to the survey
pin located at the southernmost point. The NWL varies from 0" to approximately 18" along the
entire 1335' of proposed wall. It is 0" where the land has eroded behind the previously built
bulkhead and varies up to a depth of approximately 18" along the remnants of the previous
bulkhead. Mean low water level is +/-6" below NWL. Mean high water level is +/-6" above NWL.
We have experienced erosion over the last year which cannot be seen well on available aerial
photographs. We have areas all along the property line which have experienced soil loss (up to
2'), including the loss of three large trees (approx. 3' diameter trunk) at the waterline near the
dock area. Below is an area marked "A" on Attachment #1 (2016 aerial photograph) showing
approximately 50 linear feet of soil erosion. Over the last year there has been approximately
three foot of loss of land in this area due to the erosion.
'CEN"o' D
Ord 1 9 u'19
DC[ARAHD CITY
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The following images show the area of maximum distance from NWL of proposed bulP
This occurs at the northernmost property line. As evidenced by the photos, the distance from
NWL at this point is just under 12'. This distance extends for about 40' of shoreline, triangulating
back toward the shoreline the entire distance until it meets NWL at approximately 40'.
Docks and boat ramp will be built according to attached detailed plans.
L o i0io
This home is listed on the National Register of Historic Places and requires bulkhead (; ivy -EC
construction as soon as possible in order to ensure preservation of the property.
RECtI�lID
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