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HomeMy WebLinkAbout103-20 Powles, Johnr �R ................... . Permit Class Permit Number NEW 103-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �ern�it for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-I 18 Excavation and/or filling pursuant to NCGS 113-229 Issued to John P. Powles 268 Ainsley Rd Hertford NC 27944 Authorizing development in Perouimans County at adi to the Perquimans River, at 268 Ainsley Rd., in Hertford , as requested in the permittee's application dated "Rec DCM-EC 7/6/20", including attached workplan drawings (4) Survey dtd 3/22/12 and Pages 2-4 of 4 all dated 7/4/20. This permit, issued on November 2, 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 if these terms maybe subject to fines, imprisonment or civil action; or may cause trte penult w VILU« auu .�. Docking Facility Expansion and Reconfiguration 1) This permit authorizes only the platform addition, jet ski lift relocation and platform section demolition, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion and relocation without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure.. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 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 authonty or me secretary or uny+ wLu ulo i11Qu of the Coastal Resources Commission. 41/l Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee John P. Powles ADDITIONAL CONDITIONS Permit No.103-20 Page 2 of 2 3) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) This permit authorizes 1 additional formalized boat slip for a maximum of 3 formalized boat slips at this docking facility. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. General 7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 8) All debris associated with the removal or construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way.of Programmatic General Permit 198000291 (Action ID SAW-2020-01355). 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. 2020-0997. 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 $250 was received by DCM for this project. DCM Coordinator: DNAk - Permit #: MAILING DISTRIBUTION SHEET �G 071yv DCM Field Offices (�� Elizabeth City ('tyi f iI4 G (K; Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: lmiN111111111leatifort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, yrre 1) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) 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) Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARM) Jimmy Harrison Washington: Chris Pullinger - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARO) Rodney Butler FLPO: ..& Q"J� W.Wt (NCDOT) Travis Wilson AFFUUTION ter `� e(.elVerI r Meter Derelepmeet Pemit (last revised 12127/a6) )CM-1 1C'•r1 1 4Ft'i �• North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) �bCK f Q r c) •' ' 1 OAJ Applicant 1: First Name ��HN MI !� I Lest Name -/n "Owl_ S Applicant 2: First Name MI Last Name It additional applicants, please attach an additional page(s) with names fisted. Mailing Address (7 0 L PO Box City State )! —. ZIP C� LL/I Country /j �^' Plane No. FAX No. Street Address (it d8temnt from above) city State ZIP Email 2. AgentiContractorinformation Business Name�r-- Co. Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Moping Address 10—Box City Stale ZIP Phone No. 1 - - ext. hone No. 2 - - ext. r FAX No. Contractor# Street Address (tldiHerent from above) city State 7 ZIP EmaA <Form continues on back> LECEIVED AUG 03 2020 DCM-MHD CITY le '�E'i:QIVGi I Project Locaaon C my (can be multiple) Street Address w State Rd. # Subdivision Name Oily State Zip v - .i r iFo c 217qqv py/re No. Lot Ncr(s) (if many, attach addMlonal page with list) J_33TONIS ext. 9 , 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearesl to proposed project U Q SiNU I'AA VzV V c. Is thh,% water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natufal ❑Manmade ❑Unknown .AS F �`t✓� 9. Is proposed work within city limits or planning jurisdiction? .�..,, I. if applicable, list the ppl planning jurisdiction or city Iknll the proposed Miss work falls within. LOU lA . i�.N5 C(01)WN 1 4. Site Description a. Total length of shomfine on the had (ft.) b. Size of entire tract (sq. 311 or, s- a Size of Individual lot(s) 37 06 8 ��! d Approximate elevation of tract above NHW (normal high water) or NWL (normal water leveft (If many /at sizos,plee"s6 attach adddlonalpega wAh a Hai) ❑NHW or;NWL 3 F'r e. Vegetation on (met (::; tzAs5 f. Man-made features and uses now on tract g. Identify and describe the existing land uses adjacen to the proposedsit P Po protect site. ' h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? _ IDis 1)21CT (Attach zoning compliance certificate, it applicable) 1_ r71 NiII l + i Lt1L7 �1L}C Wes [IN. ❑NA j. Is are proposed activity pad of an urban waterfront redevelopment proposel7 ❑Yes 90 k. Hasa professional archaeological assessment been done for the tract? If yes, attach a cepy. ❑Yes []No RGA If yes, by whom? L Is the proposed project located in a National Registered Historic District m does It involve a ❑Yes Qrlo ❑NA National Register listed or eligible property? <Form continues on next page> `:�E IVED AUG 0 3 2020 DCM-MHD CITY m. (1) Are there wetlands on the site? ❑Yes Qr4o (ii) Are there coastal wetlands on the site? oyes p7rvo (iii) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. r ecelve SFa°I!c- S S±End o. D�e/sc�ribe existing drinking water supply source. WE p. Describe existing storm water management or to trnent ayelems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commerdal ❑PubliciGovemment jf�valelConmunily b. Give a brief description of purpose, use, and daily operations of the pmjecl when coplr le. K 250m L U s p C l�c�e✓. G Y 0w4¢c- c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. I- )9'il"LA-(u 1 - 120uTOO0AV- d. List all development activities you propose. TA)5i.4C-LA1110A) of AU IIPi>iTicLV L /0 X '2v rji r10" -Ta rxiSTi-VG AVA uovf4L OF V--Xi5i ivG SAX 1.�' Siat'rlo.0 of ?';tL76/gt��*xefJeA�k IAc T1 1 Aj c 3-Er- SKI FT1 -j-o oc•i si D.6 aoe i f a. Are the proposed activities maintenance of en existing project, new work, orboth? or►4 f. Whet is the approximate total disturbed land area resulting from the proposed project? nn ❑Sq.FI or ❑Acres 1-h g. Will the proposed project encroach on any pudic easement, public accessway or other area ❑Yes WN0 ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stormwater be discharged into a wetland? ❑Yea Mho ❑, NNA If yes, will this discharged water be of the same salinity as the receiving wateO []Yes []No SKA j. Is there any mitigation proposed? ❑Yes ONO WA If yes, attach a mitigation proposal. <Form continues on backer RECEIVEI) AUG p 3 2020 CCM-MHD CITY 6. Additionat information In addtion fo Ifris completed application farm, (MP-1) the following items below, i1 applicable, must be submitted in order Poi the application package to be complete Items (a) - (O era always app)"ble to any major dovelopment application. Pfeass commit the application instruction boaklet on how to pru norly pepam the mquirsd items below. a. Aproject narrative . 11U(, � ITtiOV/41 /Unl b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present stahhs 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. ,Sc)z- f. A list of the names and complete addresses of the adjacent waterfront (dparien) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners most be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coasts) Management Name Gofi + art-FT-1 SOCAADQ Phone No. ZSZ%?_?S' Addresa 71 autos 14:1 12» HkArFOfin AJC A-M9N Za z•S6?-.,Szs`/ Name $'rf_ve y, J�Lilltlunye 14,%A o Phone No 10- 5 Ff•S 7/Ss Address469 ►gProslfy Rb, .UC 0179W Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include pannt numbers, permitiee, and issulrg dales. OlEti am T4>QM;f$' Rp27,Z6-ge io;) ZRL- 5YiX9X h. Signed consultant or agent authorization fare, if applicable. I. Wetland delineation, If necessary. i. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). tnecessary. If the project involves expen llture of public funds or use of public lands, attach a statement documenfing compliancewith the North Carolina Environments[ Policy Act. 7. Certltication 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 fad 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 trultM t the b a d my knowledge. Date Print Name U G U= 5 Please indicate application attachments pertaining toy pmpiosed project. ❑DCM MP-2 Excavation and Fill Information ✓ ❑DCM MP-5 Bridges and Culverts ❑DCM MP3 Upland Development &YfCM MP-0 Structures Information Received 'CM -EC RECEIVED AUG p 3 2020 DCM-MHD CITY STRUCTURES (Construction within Public Trust Areas) ) Attach this form to Joint Application for CAMA Major Permit, Form D(:M MP-1. Be sure to complete all other sedans a Joint Application that relate to this proposed project. Please include all supplemental information. 9. DOCKING FACILITY/MARINA CHARACTERISTICS a. (I) Is the docking facilitylmarim ❑Commercial ❑PubRdm Govement baKvatelCorrenunity c. (f) Dock(s) and/or pier(s) (ii) Number (ill) Length (iv) Width (v) Floating ❑Yes L3Nu e. (i) Are Platforms included? ❑Yes ❑No If yes: (it) Number ) IN)Length l'0, (iv) Width �/� (v) Floating []Yes aco Note: Roofed antis are calculated from ddpFne dimensions. g. (i) Number of slips proposed (II) [Dumber of slips existing I. Check the proposed type of siting: ❑ Land cut and access chanrrel []Open water, dredging for basin and/or channel M15p-n water, no dredging required []Other, please describe: k. Typicalboallength: m. (i) Will the, .11a��cBy have tie pilings? Ely" i�No (ii) If yes number of tie pill gs? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yea d. (I) Am Finger Plers Included? ❑Yes Rf'o If yes' (6) Number (iii) Length (N) width _ (v) Floating ❑Yes ❑,...,Noo Am (. (i) ABoatfifts included? pores ❑No If yes: (ill Number I (w)Length (N) Width / L) h. Check all the types of services to be pmvided. ❑ Full service, including travel lift and/or mil, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips') only, number of slips: _ pE Dry storage; number of boats: I ❑ Boat mmp(s); number of boat ramps: ❑ Other, please describe. I. Describe the typical boats to be served (e.g , open runabout, charter � [ boats, sell howls, mixed types). (/ TN KUA) A g9Ci (-r i I. (i) Will the faciLfty be open to the general public? ❑Yes WRo RECEIVED AUG 0 3 2020 Dam -MIND CITY 2. DOCKING FACILJTY/MARINA OPERATIONS Qlhis section not applicable a. Unecik own of the following sanitary facilities that will be included In the proposed project ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boathold ng tank purnpouut Give type and location: b- Describe tteabnent type and disposal location for all sanitary wastewater. p C. Describe the dlmrosel of sold vaele, fish offal and fresh. d. How will overboard discharge of sewage from boats be controlled? — e. (i) Give the location and number of *No Sewage Discharge' signs proposed. (ill) Give the location and ember of'Pumpout Available signs proposed. f. Describe the spedal design, if applicable, for containing Industrial type polutanis, such as palm, sandblasting waslo and petrWnrn products. q. Where will residue from vessel maintonance be disposed of? h_ Give the number of charnel markers and'No Wake' signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to pmloct area water quality. j. What will be the manna policy on overnight and live- aboard dockage? k. Describe design rnheeauras that pronto) , boat basin tudit? I. If this project is an expansion of an existing marine, what types of services am currently provided? in. Is the marinaldocklug facility proposed within a primary or secondary mrsery area? ❑Yes ❑No RECEIVED AUG 0 3 2020 OCM-MHD CITY ❑Yes ❑No o. Is the madmi/doddng facility proposed within or adjauent to coastal wetlandshnarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetIa ds (W L)? H any bocmes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None Received p. Is the proposed rnadna/da*irg facility located within or within dose proximity lo any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), avid give the proximity to Lire leaso. 1)MF t; 3. BOATHOUSE (inctuding covered dffs) 9hlis section not applicable a. (i) Is the boatlause shutlue(s): ❑Commeidal ❑PublidGovemment ❑PdvatrJCommunity (ii) Number (fin)Length IN) Width Note: Rwfed areas are cakudated from dn'P'ine dimensions. 4. GROIN (e.g., wood, sheefptle, etc. If a rock groin, use MP-Z Excavation and FtlL) rls section not aMicuble a. (i) Number (li) Length (M) Wdth 5. BREAKWATER (e.g., wood &UeWe, eta) Tits section not applcable a. Length _ b. Average distanm f o n NHW. NWL, or w Uards c. Maximv disterrrx' beyond NHW, NWL ar wetlands 16. MOORING PILINGS and BUOYS RIMS section not applicable a. Is Me stfucture(s): ❑Commercial ❑PublidiSoverrcnent ❑PrivalerCmnmunity, c. Distance to be placed beyond shoreline Note: This should be measured frwn marsh edge, if present. e. Arc of the swing 7. GENERAL If Number d. Description of buoy (cam, inscription, size, anchor, etc.) PFCEIVED AUG 0 3 2020 DCM-MHD CITY v/ L= PL / 70 LUr S 14; z � �v' 9 fry t �v 7 Ai,, Nole: For buoy or mooring pang, use am of swi'rrg irrdndiny kwWh of vessel c. Width of waler body s„ o0 (i) Will naviga nal aids be required as a result of the project? ❑Yes &fNo ❑NA (11) If yes, explain what type and how they will be implemented. d. W"a�te�r depth el waterward end of struc4ue at NLW or N WL 11_ 8. OTHER ❑7Ms sectbn not applicable a. Give conplala deaaipion: 1QiM0VIE S'X a' of 1_XNA, f;tJG ilol'jid Te J4PMQl.A,4Tf N/14j AT4d:r, i-'i 1 AJS7MLW7-kAn eK du ODD rio lrw4- io r x 42 ' M-IrOAA. " % a JExJ:S'i liV G fO XA Date p 4-, �c :iveir) 'bocik AfiAjQVATi(J/N Pro(ect Name ln� P p� c.J0IfNa V• �Aw l S )t..1 ..F.C AppFcanl Name 0 App' ntsigrifire RECEIVED AUG 0 3 2020 DCM-MHD CITY N W w E 5 A�QOG 7�76 as SITE L� P VICINITY MAP n.t.s Received AUG 0 3 20 DCM-MHD C D M-EC R Ex. r- REBAR AINSLEY ROAD 74.90' Ex. ii" REBAR S R No S 8174817" E 125.00' 1416 Ex IS" REBAR 50' RM 725. 00' Ex Yt REBAR wANs , Ot � r,OV.iL1:S i' SET Y1' c SET J} REBAR REBAR YC 6 h � L07 7 N u L07 9 —t7Mf1\D 01 EXISTING u f SXf!AR►N h — DWELLING N W M ° DECK i z '7S . N o qFC SET r.• 37,068 SF SET 4" REBAR REBAR 3 0• m 4 Fes. Y /L7 a / L6 L5 C4 3 L EX. BULKH" _ 42 PERCt ohn Powles, Pier reconfiguration Major Permit plats Drawer: John P. Powles Date: July 4, 2020 Page 1 of 4 NS �CE ' �Ex.AIL N CA/?��o, p oFessloti.:2 �. SEAL L•2820 Q: 09y0 E+�•�. 2 . suay. • �J , -- y PHYSICAL SURV7ACQUE FOR CHARLES PAGELS & wife PAGELS BEING ALL OF LOT 8 SECTION ONE COVE GROVE ESTATES PARKVILLE TOWNSHIP PERQUIMANS COUNTY NORTH CAROLINA 1. RONNIE L. SPIVEY, CERTIFY THAT THIS PLAT WAS DRAWN FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, THAT HE RECORD DESCRIPTION IS RE- MCDOWELL 8 ASSOCIATES, P.A. CORDED IN DEED BOOK PACECALCULATED IS 1; 0,000+7HAT HI53PLAT MEETS HETHAT THEATIO REQUREMENTS PRECISION OF THE le LICENSE No. C-0270 STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21)NCAC 56.1600. o+o,uNs POST OFFICE BOX 391 1715 VEEKSVILLE ROAD I FURTHER CERTIFY THAT HIS SURVEY IS AN ExISTNG PARCEL OF LAND AND DOES NOT StiR�[Tms PHONE ETN CITY, X. 27909 7 0ITY, µC. -4161 CREATE A NEW STREET OR CHANGE AN E)USTING STREET, EL12A WITNESS MY ORIGINAL SIGNATURE. RE STRATTON NUMBER AND SEAL K 22nd DAY OF MARCH, A.O., 2012, SCALE: 1" = 60' DRW BY.R.L.S. PROD. No. S31041 CAD No. 3-1041 RONNIE L. SPIVEY PROFESSIONAL LAN L-2620 iLA DATE: 3/22/12 I REV. i' eceiVeeECEIVEC AUG 0 3 2020 i)CM-LAM-MHD CITY Z,J4 / pocv( John Powles, Pier reconfiguration I� �XiSiING SFTSK1 �ifi �oLWTioN Major Permit plats in1 Drawer: John P. Powles Date: July 4, 2020 � •• Page ]of4 �XiSI�x%_-_Oet� �IQ�W11dCr --1. — ---- - --- SC�AtEt A in As LZ Alf, Al W L -3 N John Powles, Pier reconfiguration Major Permit plats Drawer: John P. Powles Date: July 4, 2020 Page 3 of 4 1" = 10' oRs Dor-vc Lot) 19 'X_I Z i' ATFoRM RECEIVED AUG 0 3 2020 DCM-MHD CITY Received DCM-EC 8U'-,,<Ki AD .Ocvq-, ONS NG o W o N c) &eca n-an'SK1 Hors 7- i57 wxc_ Pce g, s.s NW_L- 3� _ _CZAoS5 -;n,, �,q�qw John Powles, Pier reconfiguration Major Permit plats Drawer: John P. Powles Date: July 4, 2020 Page 4 of 4 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director John P Powles 268 Ainsley Rd. Hertford, NC 27944 Dear Mr. Powles, NORTH CAROLINA Environmental Quality September 23, 2020 This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to expand and reconfigure an existing docking facility, in Perquimans 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 December 6, 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 Commence Avenue I Morehead City, North Carolina 28557 252.8082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: John Pow/es COUNTY: Pergalmans PROJECT NAME: Pier addition and reconfiguration AUG 0 3 2020 LOCATION OF PROJECT: 2678 Ainsley Road DCM-MHD CITY DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-9-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Cynthia Rot r e DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: Date �+JIei 0 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 # I APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 8-5-20 END OF NOTICE DATE: 8-25-20 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 9-22-20 150 DAY DEADLINE: EMAIL OUT DATE: 8-3-20 STATE DUE DATE: 8-24-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES OBJECTIONS: COMMENTS YES NO RETURNED DCM — Field Rep DCM — LUP Consistency Determination 1-7 Local Permit Officer S� 7✓ y Corps of Engineers - Regulatory Branch DWR-401 Section ►t ZvZO—O nl 47 DWR—Public Water Supply DEMLR — Stormwater DEMLR— Sed and Erosion 13 4 ZO DOA — State Property Office Wildlife Resources Commission g 2t O DMF — Shellfish Section 6/ Z e Jc DMF — Habitat & Enhancement DNCR — Archives & History Q o IG DNCR—Natural Heritage Program NCDOT NC Dept of Commerce �j — ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA EnWronmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager ?A-f- Northeastern District, Division of Coastal Management FROM: Cynthia Rountree, Field Representative pwF DATE: April 7, 2020 SUBJECT: John P. Powels; 268 Ainsley Road Major Permit Recommendations The applicant proposes to construct a new 10 foot by 12 foot platform at the terminus of an existing boat house and relocate two jet ski lifts from under the boathouse area to the outside of the boathouse on the east side. The property is located at 268 Ainsley Road, Hertford, Perquimans County adjacent to the Perquimans River. The development proposal involves the Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H .0208 USE STANDARDS (a) addresses General Use Standards, and subparagraph (1) requires that uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches. E Q�AUG 2 R 2020 a � /"� V SAP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Managemen Elizabeth City Office 1 401 South Griffin Street, Sulte300 I Elizabeth City, North Carolina 27909 252264.3901 IVUIaI Uawune uepdiuneuwi Cuvnuuwemm auamy Division of Coastal Management —m�mv.vamvm—_ _ Page 2 of fiOF August 26, 2020 Consistent: The applicant proposes to construct a platform and move two jet ski lifts. This sub -paragraph lists these structures as water dependent. (a)(2)(A) requires that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The development is designed to not interfere with Shellfish beds or submerged aquatic vegetation. (a)(2)(B) requires that the development shall comply with state and federal water and air quality Consistent: This development will not violate water and air quality. (a)(2)(C) requires that the development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources. Consistent: There are no known archaeological or historic resources on the property. (a) (2) (D) requires that the development shall not increase siltation. Consistent: It does not appear that this development will measurably increase siltation. (a) (2) (E) requires that the development shall not create stagnant water bodies. Consistent: It does not appear that the development will create stagnant water bodies. (a)(2)(F) requires that the development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The development will have minimum adverse effects on life cycles or estuarine resources. (a)(2) (G) requires that the development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. RECEIVED AUG 2 R 2020 MP SECTIbN MHD rvornn uamuna vepai uuem m onvuunnmmm uudnry �� • �+^�� %Division of Coastal Management Page 3 of 6 August 26, 2020 Consistent: The development proposal minimal effects on navigation. (b) Specific Use Standards (b)(6) Addresses Piers and Docking Facilities. (b)(6)(B) requires that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 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 platform addition adds an additional 120 square feet of shading for a total of 549 square feet which is less than the 1,032 square feet allowed for the 129 foot shoreline. (b)(6)(F) requires that piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use. Consistent: The proposed platform addition will not add second story use. (b)(6)(G) requires that pier and docking facility'lengths shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed addition will increase the piers length to 100 feet which is not more than the 100 foot length. (ii) not extending into the channel portion of the water body; and Consistent: The proposed platform addition will not extend into the channel portion of the waterbody. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not_be AUG 2 S 2020 W 3 SECTION MHD Nann t,aianne uepaumem ui cnvuomimumi wumny MWII ,wnuum Division of Coastal Management Page 4 of 6 ar August 26, 2020 than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed platform addition will increase the pier length to 100 feet which is still less than 1,345 feet which is the % width of the waterbody. (b)(6)(1) requires that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. Consistent: The proposed addition will remain outside of the 15 foot setback. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to John P. Powels with standard permit conditions. Bodnar, Gregg From: Cynthia Rountree Sent: Friday, August 28, 2020 12:36 PM To: Bodnar, Gregg Cc: Renaldi, Ronald Subject: 268 Ainsley Rd Gregg, I was on site today at 268 Ainsley Rd. and did 3 different sections across the waterward portion of the existing platform with my rake. All I found was sand and the water was a tannin color as that area is. I also saw on half of a clam shell on the rake closest to the existing steps. If you need any further information please let me know. Sincerely, Cynthia c,aKtla k WetyC Environmental Specialist II 401 S. Griffin St., Suite 300 Elizabeth City, NC 27909 (252)264-3901 ext. 234 cynthia.rountree@ncdenr.gov ROY COOPER Got n MICHAEL S. REGAN sn,r4vy BRAXTON C. DAVIS 07rrror August 3, 2020 MEMORANDUM: NORTH CAHOLINA [avim=rrital Quahty 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) areeg.bodna[@0cdenr.00v SUBJECT: CAMA Application Review Applicant: John P. Powlos Project Location: 2678 Ainsley Road In Perquimans County Proposed Project: Construct a platform addition, install a boallift and relocate two existing jet eki lifts Please Indicate below your agency's position or viewpoint on the proposed project and roturrr this form to Grsao Bodnar at the address above by August 24, 2020. If you have any questions regarding the proposed project contact Cynthia Rountree (252-264-3901, ext 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Lee Padrick PRINT NAME RECEIVE® AGENCY NC Commerce SIGNATURE _ �/ AUG 7 2020 DATE 8-7-20 ,vrt�.��' RAP SECTION MHD Nntih Cmalna Urparim^nt of rrtvinx,mrnial (yun24y I Ulvlrart or L-oast. IMaaaSe,rcni FArahrth City Ofikr I dnt5rmth(si16n'att1.5Utr Y00 (Fliraluih Chy, N.xIF,Cudlrta 7Nlo8 ]52.2frt3701 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director August 3, 2020 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) greambodnarAnodenr.nov SUBJECT: CAMA Application Review Applicant: John P. Powles Project Location: 2678 Ainsley Road In Perqulmans County Proposed Project: , Construct a plallorm addition, Install a boatlift and relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gma Bodnar at the address above by August 24, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described in the attached comments. PRINT NAME--DU(-ftPOQ-, AGENCY —71-5e-liell_IJZ t= S RECEIVED SIGNATURE j gO-AD AUG 7 2020 DATE p srCTB®:.16WD North Carolina Department of Environmental Quality I Division of Coastal Management Ellrabeth Clty Office 1401 South Griffin Strer45uite 3001 Elizabeth City. North Carolina 27909 252,264.3901 ELT OPER MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director August 3, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252=247-3330;(Courier044 -33) grecabodnarftcdenr.cov SUBJECT: CAMA Application Review Applicant: John P. Powles Project Location: 2078 Ainsley Road in Perquimans County Proposed Project: Construct a platform addition, install a boatiift and. relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grerra.Bodnar at the address above by August24; 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-2643901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This .agency has no objection to the, project as proposed. "Additional comments may be attached" . This agency has no comment on the proposedproject. 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 �C Stagy-- comments. PRINT PRINT NAME 90-045W DATE o "L - 2APZo RECEIVED AUG 7 2020 7F9 p SE—CTION 6tiIHD Neth Carolina 1401sentor Errvironnrentatlte300 II DWaionor Coastal Management Elizabeth(.9ry Otflce 1401Somh GrifnnStreet.5uke 3001 Eliaahe[h City,Nonh Carolina 27909 2SZ264.3901 01 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director i'i14it) fQ[LVIDili u NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner Division of CoalAtal Management RECEIVED AUG 7 2020 MP SECTION MHO SUBJECT: Major Permit Request by John P. Powles to install a 10 foot by 12 foot platform and a 10 foot by 13 foot boatlift and relocate two (2) jet ski lifts on the Perquimans River; at 268 Ainsley Road, in Parkville, Perquimans County. DATE: August 6, 2020 Consistency Determination: The request is consistent with/not in conflict with the Perquimans County / Town of Hertford / Town of Winfall Land Use Plan (LUP) certified by the CRC on February 10, 2016, as amended through March 5, 2018. Overview: The subject property is a .85 acre lot with 129 linear feet of shoreline along the Perquimans River. Water depths are approximately -3 feet below Normal Water Level (NWL) at a distance of 50 feet from the shoreline. Property elevation is approximately 3 feet above NWL. Vegetation on the property consists primarily of indigenous yard grasses. The shoreline is located in the AE Floodzone, with the remainder of the property being outside of a Floodzone. Existing site improvements consist of a single-family house and associated driveway and septic improvements. Existing shoreline improvements consist of a bulkhead, pier, and a boathouse with two (2) jet ski lifts inside. Installation of a 10 foot by 12 foot platform and a 10 foot by 13 foot boatlift and relocation of two (2) jet ski lifts are proposed. The platform will be located at the terminus of the boathouse. The jet ski lifts will be relocated outside of the boathouse and the boatlift will be installed inside the boathouse. The waters of the Perquimans River in this area are classified as Class SB waters and Coastal Waters and are closed to shellfish taking. A review of submerged aquatic vegetation (SAVs) was not provided. A review of historic, cultural or archaeological resources was not provided. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth OtyOffice 1 401 South Griffin Street, Suite= I Elizabeth City, North Carolina 27909 2SZ2643901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 3 Anticipated. Impacts resulting from this project are expected to include: the shading of 120 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC). Basis for Determination: The project area is located on the Perquimans River. The river is classified as "Designated conservation/open space areas". As indicated on Page IX-34 "(t)he precise location of protected/regulated areas that have a conservation or open space connotation such as coastal wetlands, estuarine waters, estuarine shoreline, public trust areas, and Section 404 wetlands must generally be determined by field investigation on a case by case basis. These areas, scattered throughout the County and generally found along creeks and rivers, are not individually identified on the future land use map." \ The following LUP policies may be applicable to this request: Public Access: Policy PA #1, Page IX-6. "Perquimans County, Hertford, and Winfall will ensure a variety of opportunities for access to public trust waters to all segments of the community, including disabled people." Policy PA #7, Page IX-6. "Perquimans County, Hertford, and Winfall shall continue to provide for. the diverse recreational needs of the permanent and seasonal populations by supporting the design and construction of waterfront areas in a manner that balances water access needs with the protection of fragile natural resources." Areas of Environmental Concern: Policy AEC #1, Page IX-16. "Perquimans County, Hertford, and Winfall support State and Federal�€�9® regarding land use and development in Areas of Environmental Concern.'EC AUG 7 2020 MP SECTION M D North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 3 Policy AEC #2, Page IX-16. "Perquimans County, Hertford, and Winfall will permit, within AEC, those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses included utility easements, docks, boat ramps, bulkheads, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy AEC #3, Page IX-16. "Perquimans County, Hertford, and Winfall will restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of estuarine waters and public trust areas." Local Areas of Concern: Policy LAC #13, Page IX-19. "Perquimans County, Hertford, and Winfall support conserving the natural and cultural resources for recreational enjoyment." RECEIVED AUG 7 2020 VIP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director August 3, 2020 MEMORANDUM: a •. `+an' aawrvd NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) Qrego. bodnaridncdenr.Qov SUBJECT: CAMA Application Review Applicant: John P. Powles Project Location: 2678 Alnsley Road In Perqulmans County Proposed Project: Construct a platform addition, Install a boatlift and relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by August 24, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. 'REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kacee C Zinn AGENCY NCD/nJMF-Shellfish Sanitation REZC1E.:IVED SIGNATURE Ky for Shannon Jenkins DATE 8/3/2020 AUG 4 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth CltyOffice 1 401 South Griffin Street, Suite 3001 Elizabeth Clty,North Carolina 27909 2522643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director August 3, 2020 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 (Courier0440-33) grembodner(Oncdenr gov SUBJECT: CAMA Application Review Applicant: John P. Powles a & �- I / Project Location: 2iX8 Alnsley Road In�erquimans County Proposed Project: Construct a platform addition, Install a boatllft and relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and . return this form to Greaa Bodnar at the address above by August 24, 2020, If you have any questions regarding the proposed project, contact Cynthia Rountree (252-284-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on -the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. 1 This agency objects to the project for reasons!described in the attached comments. y PRINT NAME !gkw Jl /KO rt Ly %Cc D (ro vT, 7sn: a5 ; 5 Zii —x S AGENCY Per`/t,-i C,ns eoc,4y f/CL11ni^J0{{Ct SIGNATURE DATE T'i U " PLOJ-D RECEIVED AUG 1 0 2020 D� Irl M 1du® P. P � ' \` r, 10"� North Carobna Department of Environmental Quality I Division of Coastal Maw9rmrnt Elizabeth City Office 1401South CrlfOnSirret. Suite 7001 Elizabeth City, North Carolina 27909 252.2643901 Bodnar, Gregg From: Moore, Bill Sent: Thursday, August 13, 2020 10:22 AM To: Bodnar, Gregg Subject: CAMA Projects Hey Greg, As proposed, the following CAMA projects are exempt from sw permits: 85 and Sunny, LLC — SW7200713 Jeffrey Aldridge — SW7200714 John Powles—SW7200801 Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252)946-6481 0"; sR:.. NA E Q�� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties August 27, 2020 Regulatory Division ORM ID No. SAW 2020-01355 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED AUG 2 7 2020 MP SECTION MHD Reference the application of John P. Powles for a Department of the Army permit to construct a new platform and boat lift, and replace two existing jet ski lifts, on property located at 2678 Ainsley Road, in the Cove Grove Estates Subdivision, adjacent to the Perquimans River, near Hertford, in Perquimans 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 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. 3. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, lez&�W ry a�.ta!, sPuJs Raleigh Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh, North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ron Renaldi, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management RECEIVED 1367 US 17 South Elizabeth City, North Carolina 27909 AUG 2 7 2020 MP SECTION IVIHD Bodnar, Gregg From: Sent: To: Subject: Gregg, Harrison, James A Friday, August 28, 2020 1:12 PM Bodnar, Gregg Re: CAMA MAJOR - John P. Powles in Perquimans County Thanks for passing this along. These results do alleviate my concerns regarding SAV at the site, and negate the need for additional measures to protect SAV during project operations noted in DMF's comments (i.e. avoiding installing piles in SAV, use of turbidity curtains, etc.). Thanks again! Jimmy iirnmy Harrison Habitat and Enhancement Section NC Division of Marine risberies james.harrison@ncdenr.Sav 252-948-5855 Email correspondence to and from this address is subject to the North Carolina Public Records Lain and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, August 28, 2020 1:08 PM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: RE: CAMA MAJOR -John P. Powles in Perquimans County Afternoon Jimmy, Please see above for information pertaining to the SAV within the project location. Please let me know if this alleviates your concerns. Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Thursday, August 20, 2020 10:22 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: CAMA MAJOR -.John P. Powles in Perquimans County Gregg, The comment sheet and comments are attached regarding the John Powles residence, 268 Ainsley Road, Hertford, Perquimans County. If anything else is needed, feel free to let me know. Thanks Gregg! Jimmy Jimmy Harrison Habitat and F nkancement Section NC Division of Marine Fisheries James.harrisononcdenr.gov 252-9+5-3835 Email correspondence to and from this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. s ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director August 3, 2020 MEMORANDUM: NORTH CAROLINA £nvlronmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead, City, NC 28557 Fax: 252-247-3330 (Courier 04.18-33) gregg. bodnarlMncden r.Qov SUBJECT: CAMA Application Review Applicant: John P. Powles Project Location: 2678 Ainsley Road In Perquimans County Proposed Project: Construct a platform addition, Install a boatlift and relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gretm Bodnar at the address above by August 24, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext, 234) when appropriate, in-depth comments with supporting data is requested. 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 James Harrison AGENCY NCDMF SIGNATURE 1� �QhLe2 �LliL7!¢dIL DATE 20 August 2020 RECEIVE® AUG 2 0 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth CityOMce 1401 South Griffin Street, Suite 3001 Elizabeth Cty,North Carolina 27909 252.264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: John Powles, 268 Ainsley Road, Perquimans County DATE: August 20, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The proposed project is located at 268 Ainsley Road, Hertoford, in Perquimans County, North Carolina. The applicant is proposing to construct a new 10 foot by 12 foot platform at the terminus of the existing boathouse, relocate two jet ski lifts, and install a new 13 foot by 10 foot boatlift under the existing boathouse. Additional information is needed in order to adequately and accurately assess the project's potential impacts to aquatic resources. This information was requested on August 14th, but was not provided. First, there is a historical record of submerged aquatic vegetation (SAV) in the project area, near the terminus of the existing structure. However, no mention of SAV presence, or absence, was mentioned in the site description. This information is needed in order to determine potential impacts to SAV. The site should be surveyed for SAV, and the results should be included on a map that depicts the existing structure and proposed additions/changes. Second, the site plans appear to include the installation of two additional pilings. However, this aspect was not mentioned in the project description, nor was the method of installation. DMF requests that the method of installation be described. Additionally, the two pilings should not be installed in SAV beds or patches. Finally, measures should be taken in order to avoid and/or minimize impacts to SAV from turbidity increases during pile installation, such as installing turbidity curtains. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonOncdennizov with any further questions or concerns. RECEIVED AUG 2 0 2020 MP SECTION MHD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS 01=10r C, W.08.03.01 August 3, 2020 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 (Courier04-15.33) aregq.bodnar@ncdenr.gov SUBJECT: CAMA Application Review .S._ .4 - ¢ �A�`UpvGs�2�020empuft Applicant: John P. Powles Project Location: 2678 Alnsley Road In Perquimans County Proposed Project: Construct a platform addition, Install a boatlift and relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 24, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described In the attached comments. PRINT NAME 'M<T, ir--4,Lnn AGENCY 7464-f 1' C SIGNATURE (� `-T-7 DATE p RECEIVED AUG 2 4 2020 MP SECTION MHD Not Carolina Department of Emi anmental Quality I Divlsfon of Coastal Management Elizabeth Chy Onice 1401 South Griffin Street Suite 3001 Elizabeth City. North Carolina 27909 252264.3901 •' ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director August 3, 2020 MEMORANDUM: 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•1 &33) gregg bodnar(Mriedenrgov SUBJECT: CAMA Application Review Applicant: John P. Powles Project Location: 2678 Ainsley Road in Perquimans County Proposed Project: Construct a platform addition, Install a boatlift and relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return thle form to Grego Bodnar at the address above by August 24, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, In-depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be attached"✓ This agency has no comment on the proposed project. T 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 W L a-A"�lcd0. �±L� �L`L�r AGENCY _:-c&e /fir_,yperty SIGNATURE 7dl�C(.m(a +k.L La4Ct U DATE 0-2 V - ae) i RECEIVED S E P 2 5 2020 MP SECTION MHD North Carolina Department or Environmental Quality I DivBlon or Coastal Management Elizabeth CityorBce 1401 South Gnrttn Streel,Sulle30o I Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director John P. Powles 268 Ainsley Road Hertford, North Carolina 27944 NORTH CAROLINA Environmental Quality October 27. 2020 LOW 0 Wiii'r Wit I J DW R Project a 2020-M7 v1 Perquimans County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 268 Ainsley Road —dock renovation (construct a platform addition, install a boatlift and relocate two existing jet ski lifts) Dear Mr. Powles: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on August 03, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once It is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certiflcation(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including Incidental Impacts. 115A NCAC 02B .0506(b)(c)I) Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Waters OWI—fill, shading 0.01(acres) 0 (acres) Plan Sheet 1 and 2 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] 3. No Waste. Spoil. Solids. or FIII of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the Impacts depicted in the Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [35A NCAC 02H .0502 and .05021. Continuing Compliance 4. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [35A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 5. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards 135A NCAC 028.02001 Including but not limited to sediment Impacts, and any violation of state regulated riparian buffer rules [35A NCAC 02B.02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, Including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. D_E QJ North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 6. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 These Certifications can be contested as provided in Articles 3 and 4 of General Statute 2508 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 DAM at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within shay (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 8:D0am and 5:00pm, excluding official state holidays). The petition may be fazed 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (2) 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 If sending via delivery service (UPS, Fed Ex, etc.): Office of Administrative Hearings 2711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chris Pullinger at 252-948-3918 or chris.oullinaerfdncdenr.cov if you have any questions or concerns. Sincerely, Raw T.«" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Cynthia Rountree, DCM Elizabeth City (via e-mail) Laserfiche/DWR file copy RECEIVED Noy 2020 mp STECTiON Wl iIUL --3' —Bid 19�C12.. _I lgTEoRM �Xi LNG SrEe-S nv®ouar WI 10/27_m20 MPWA 2020-0997 v1 G John Powles, Pier reconfiguration Major Permit plats Drawer: John P. Powles Date: July 4, 2020 Page 3 of 4 REECE E N 0 V 2020 POP SECTION 1 RoposiD Der -A Received DCMEC X) ?Cy9iioN5 0 t V 1 RrC Nov 2 2020Top �LiJu y _ �wTF164S= �ooF, _S" nxI %lotiurs kXi-S ;NG iI 5s' -NwL-z' _ flW L- 3' S,;zaiam 'IDAW W; G John Powles, Pier reconfiguration Major Permit plats Drawer: John P. Powles Date: July 4, 2020 Page 4 of 4 9 3. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: John P. Powels LOCATION OF PROJECT SITE: 268 Ainsley Rd. (SR 1416), Perquimans County, adjacent to the Perquimans River Latitude: 36010'52.85"N INVESTIGATION TYPE: CAMA Longitude:-76025'22.62"W 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3,1,1 at, ioa0 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - July 9, 2020 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - R-25 Residential and Ag District (B) AEC(s) Involved: Public Trust Area and Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - septic system Planned -none (F) Type of Structures: Existing - Single family residence, driveway, bulkhead and pier Planned - Boatlift, platform addition and move/relocate two jet ski lifts (G) Estimated Annual Rate of Erosion: none Source - HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED (A) Shallow Bottom (EW, PTA) (B) Open Water (EW, PTA) 120 sgft (C) High Ground (ES) (D) Total Area Disturbed: 120 square feet (E) Primary Nursery Area: No (F) Water Classification: SB Open to shellfishing: No RECEIVED AUG 0 3 2020 DCM.MHD CITY John P. Powels Field Investigation Report Page 2 PROJECT SUMMARY The applicant proposes to construct a platform addition, install a new boatlift and relocate two existing jet ski lifts on an existing docking facility that's adjacent to the Perquimans River. Project Setting The property proposed for development is located at 268 Ainsley Road in Perquimans County and consists of approximately 37,068 square feet or 0.85 acres adjacent to the Perquimans River. The property currently contains a single family residence with a bulkhead stabilizing the shoreline. Along the water there is an existing pier and boathouse that extend out into the Perquimans River. The properties to the east and west are single family residences. Vegetation on the site includes, but is not limited to, indigenous yard grasses. Soil Types include Yeopim Loam (YeA). The property has an elevation of approximately 3 feet above normal water level (NWL) along the shoreline. The shoreline is 129.14 feet in length contains a bulkhead along its entirety. The water classification for this area is Primary Recreation, Salt Water (SB) and are coastal waters that are closed to shellfishing. The water depths at the terminus of the pier are -3 feet. Development Proposal The applicant proposes to construct a new 10 foot by 12 foot platform at the terminus of the existing boathouse on the east side of the existing pier where the water depth is -3 feet. The applicant also proposes to relocate two jet ski lifts from under the boat house area to the outside of the boathouse on the east side. Once the jet ski lifts are relocated the applicant proposes to install a new 13 foot by 10 foot boatlift under the existing boathouse. Anticipated Impacts The proposed development will result in the shading of 120 square feet of additional Estuarine Waters and Public Trust Areas of Environmental Concern. Temporary turbidity will possibly occur during construction. Submitted by: Cynthia Rountree Date: 7/23/20 RECEIVED AUG 0 3 2020 0CM-MHD CITY Received DCWC --------------- "7 Twc --AsT3 2-6cir/w r Dw4&Aec �3okc 71 rz 'Ifffl. Qovr&-rt OF Tifi &4r f4o (4-Sr, Skcpmv, - 'Fik. 6o)4i- tiFT t,411--a-C 44Wr:CEIVED .A/J'D S't7r,5X,' ),ifT-s, AUG 0 3 2020 bCM-MHD CITY Received t3E to-obrn T6 Tier 11dd DCM-EC 1717j)11�QN Will /Qr.VovA-r)ory 7Dluwivc„ �asTs !✓i// ,G EEC y�T o G.ii/1 j"i %JG,C- AN J/\ SONN �WLG5 lo, x ,ar ` X)`,S'T i.N C t&)R C. FI RECEIVED AUG 0 3 2020 DCM-MHD CITY NAME: JoHrV 1 , f iSyfx4 A. ►'OWLFiS ADDRESSAC? I7lNSIA�V KD clTv:_ {j� ► FoiQ� ST%c>c ZIP't7 L/t/ RE: D6c4c kF"UOV/4i ION (PROJECT NAME) To Whom It May Concern: This correspondence is to notify you as a riparian property owner that .S o lqN f / d till 1- S is applying for {nsert property owner name or company) a CAMA Major permit to j &5TALL .t1F_W 6o197- l'i F i - oqdEc Two {nsert project description) on property located at {nsert lSroperty address I county) which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: ' ti) olW )J i" l c (insert name of responsible party) as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St, Ste 300., Elizabeth City, NC 279D9. If you have questions about the project, please do not hesitate to contact me atvV -_3,3- Z-q l [insert phone number) or the Division of Coastal Management at 252- 264-3901. Sincerely, INSERT N# have no objection to the project as described. _ _ . _ 1 have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, Ith, or groin must be set bac:k a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15 setback requirement. _ !� --I do not wish to waive the 15' setback requirement. Print Nim sowli re of t Properly Owner Da% 2�2 ,4;nlsL�y 2791t �5'Z— �3s RECEIVED MalMAft= Kdftw Phone Number /-���--troves, � n)•c, AUG 0 3 2020 DCM-MHD CITY NAME: . 08&2 P t 51. Vlwl A, POWLIZS Received ADDRESS: C B' AJA)SIA. y K D CITY: ffieFogg ST C-ZIP�yy 0CM-F(; RE: b6CI4 &JO V/9 i 1 ON (PROJECT NAME) To Whom It May Concem: This correspondence is to notify you as a riparian property owner that 'S o lm j! ./Jry a6W LI 3 is applying for (insert property owner name or company} a CAMA Major permit to 1 AJS T J4LL .0 I- W kSor9 r )1= 1 Al O1:WJY &6 .5ffi - sru� on property located at which is adjacent to your property objections to the proposed activity, i;i (insert project description) (insert pproperty address / county) A copy of the application and project drawing(s) Is enclosed for your review. If you have no )lease mark the appropriate statement below and return to: as soon as possible. {insert name of responsible party} If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me atVc4-�3�y IS[nsert phone number} or the Division of Coastal Management at 252- 264-3901. Sincerely, INSERT NA X_ I have no objection to the project as described. -- I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15 setback requirement. X_ I do not wish to waive the 15' setback requirement. S�en�,aw rige,6 6'-7_Z J Print Nahv Signature of AdjaM Properly Date Mailing A /., 9 el , ��f �n / r �) 4 yam/ 909 -S%J -7 /J—i Phone Number ;DECEIVED AUG 0 3 2020 DCM-MHD CITY This document presented and filed. 10/15/2018 02:39:05 PM LAL. r/41fpI a4d. JACQUELINE S. FRIERSON, PERQUIMANS CO, NC Excise Tax: $1,060.00 Receiveri D 1,1V1T Cr 90ti-571 07 PERQUIMANS COUN I Y LAND TRANSFER TAX AMOUNTS 5300 -00 PAM $- 5 3W -001 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,60.00 County Land Transfer Tax $5,300.00 Parcel Identifier No. 5-DO51-0008-CGE Verified by County on the day of 2018 By: Mail After recording to: Homthal. Riley, Ellis & Maland. LLP. 301 East Main Street, Elizabeth City, NC 27909 HREM FILE NO. 31052-O WBM This instrument was prepared by: Rachel S. Gunther. P.C.. 147 N Church Strut Hertford. NC 27944 Brief description for the Index: #8 COVE GROVE EST. THIS DEED made this 8th day of October. 2018 by and between CHARLES F. PAGELS, divorced and not remarried, JACQUE S. PAGELS, divorced and not remarried, 5112 Wit -Acre Drive Loves Park, IL 61111 JOHN P. POWLES and wife, BEVERLY A. POWLES, 268 Ainsley Road Hertford, NC 27944 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in Parkville Township, Pernuimans County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT A - LEGAL DESCRIPTION 1 'ECEIVED AUG 0 3 2020 0CM-MI-ID CITY F __7 lrtt Coastal Afanagerrlent ENVIAONMENTAt OUAUTY u S 14 LA 0 1 11 12 TO: The Perquimans Weekly Hertford, NC 27944 c/o edalegals(- dailyadvance.com FROM: Ella Godfrey DATE: July 29, 2020 SUBJECT: Major Public Notice: John P. Powles ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS Please publish the attached Notice in the Wednesday, August 5, 2020 issue of THE PERQUIMANS WEEKLY. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File I4ECEIVED ' Nothing C ompares - . AUG 03 2020 Statc of North Caroline Environmental Quality Could Management 401 S. Cmbrin St., Ste 300, Elizabeth City, EIC 27909 i�c A(-M H D CITY 252-264-3901 252-331-2951 [fan] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 07109/20. John Powles proposes to construct a platform addition, install a boatlift and relocate two existing jet ski lifts on an existing docking facility at 268 Ainsley Road in Perquimans County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 08/25/20, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, August 5, 2020 RECEIVED AUG 0 3 2020 DCM-MHD CITY ROY COOPER NOR H CARor INA Governor Environmental Quality MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director July 29, 2020 John P. Powles 268 Ainsley Road Hertford, NC 27944 Dear Mr. Powles: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to construct a platform addition, install a boatlift and relocate two existing jet ski lifts on an existing docking facility at 268 Ainsley Road in Perquimans County. It was received complete on July 9, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 22, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 9, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will ford a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your RECEIVED DQ � AUG 0 3 2020 North Carolina Department of Environmental Quality I Dhislon of Coastal Management 0..zCry1-i�HD CITY Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27g09 252.264.3901 John P. Powles July 29, 2020 Page 2 of 2 property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact the field representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, i District Manager, Northeastem District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Cynthia Rountree, DCM, Elizabeth City, NC RECEIVED AUG 0 3 2020 -JCII-MHD CITY 0 n x n N0T1(1w/'11 CAMA PERMIT APPLIED FOR PROJECT: Construct a platform addition, install a boatlift and relocate two existing jet ski lifts COMMEN IS ACCEPTED THROUGH_ August25, 2020 APPLICANT: FOR MORE DETAILS CONTACT John P. Powles THE LOCAL PERMIT OFFICER BELOW: '~ c 268 Ainsley Road Cynthia Rountree Hertford, NC 27944 401 S. Griffin Street, Suite 300 G' W52-333-2415 Elizabeth City, NC 27909 N "' 252-264-3901, ext. 234 O Received Permit No Applicant'. Project Address: NC Division of Coastal Management 113 6 9 �n B C D Cashier's Official Receipt Date: _Y [,� 20 e2 v S 15�) , v Check No.: -3 tV,3�— County: e/ Aq4,45 Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: k zi' / Signature of Field Representative: 94 kr {t Date: ° G Date: ° DECEIVED AUG 03 2020 DCM-MHD MAJOR PERMIT FEE MATRIX Applicant' ei� J / r✓ `��. 'f Selection Development Type Fee DCM °/. DWO % (143001501 436100093182b 8253) (243001802 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) Involve the filling or excavation of any wetlands or o an water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: III(B). Public or commercial development, if General $400 100%($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: 111(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or life: f General Water Certification No. $400 60% ($240) 40% ($160) see attached) cannot q4097 lied: development that s the filling and/or $475 60%($285) 40%($190) tion of more than one acre of wetlands and/or open water areas: INED AUG 0 3 2020 DCM-fMHD CITY —This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant John P. Powels Date: July 23, 2020 Project Site County Perquimans County Staff' Cynthia Rountree District gElizabith City Washington ❑Morehead City ❑Wilmington PmiectName: Pier addigonand reconfiguration Rover File: Date of initial application submittal (DC 1/R2007): Oil 02020 Date application "received as complete"in the Field office (EX: 1/82007): 702020 Permit Authorization: MC4M4 Dredge B Fill 0Both SITE DESCRIPTION/PERMIT INFORMATION PA14 Yes ®No Photos Taken: Yes 0 No Setback Required (riparian): Yes 010a Critical Habitat 0 Yes ®No Not Sure 15 foot waiver obtained: Yes No Hazard Notilllcation Returned: ❑Yes ®No SAV: Yes nNo Not Sure Shell Boltom: Yes NNo Not Sure Temporary Impacts: ZYes No Sandbags: Yes oNo Not Sure Did the land use classification come /rem counlyl-UP: ®Yes []No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: []Yes No ®NA Environmental Assessment Done: []Yes []No ®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quellty Waters (HQW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Unonlum sp.) 0 (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladum jamafcense) EJ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina aftemiflora) cynosuroides) 11 (DS) Salt or spike grass (Disb'chlis EJ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) Sp.) (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina reemerianus) patens) APPLICATION FEE No fee required - $0.00 M lll(A) Private w/ D&F up to 1 awe; 3490 III(D) Pdv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major El Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 ❑ III(B) Public or commercial w/D&F to 1 0 Express Permit - $2000 acre; 3490 can be applied - $400 Ej Major development extension request - ❑ 11. Public or commercfaPho dredge $100 and/or fill-$400 RECEIVED ® 1. Private no dredge andror fill - $250 ❑ III(C) Pdv. public or comet w rD&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 AUG 0 3 2020 257-8082808 :: LaaN-4NC00.a 1' www.nccoa staonana0ement.nef revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: John P. Powels Date: July 23, 2020 Describe below the ACTIVITIES that have been applied for. AN values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dlmatrtlon 9 Dimension 4 One One Platfortn 1 New Work Replace 10 ft 12 ft Maint ❑ ❑ Y M N Boatlift I New Wotk Replace 13 ft 10 ft Maint ❑ ❑ Y ® N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Mainf ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wotk 0 Replace Mainf ❑ ❑ Y ❑ N New Work 0 Replace Maint❑ ❑Y❑N New Wotk Replace Maint ❑ ❑ Y ❑ N Now Wok Repleca Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wok 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Wok Replace Maint ❑ ❑ Y ❑ N New Work U Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N Nbw Work Replace Main ❑ ❑ Y ❑ N New Work U Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Main ❑ ❑ Y ❑ N New Work 0 Replace - Main❑ ❑ Y ❑ y RECEIVED New Wok Replace Maint ❑ ❑ Y ❑ N DCM-MHD CITY revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3> ApplicantJohn P. Powels Date: July 23, 2020 Descnbe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for Distubance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance Iota! includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or tamp impact amount Open water Dredge ❑ Fill ❑ Bofh ❑ Other ® 120 sgfl 120 sgft Dredge ❑ FB ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fdl ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fa ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ AM ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fil ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fdl ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED AUG 0 3 2020 nc- i emn rtn• 2328014 _803 1 88&.IRCOAST :: www.nccoastalmanagement. net revised: Nov. 201Y DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: John P. Powles Distribution Date: 8/3/2020 AGENCY ECRO Community Development/LPO Rhonda Money DCM Planner Charlan Owens Eliz city US COE: Raleigh Bland Community Assistance Lee Padrlck (Beaufort, Carteret, Craven, Ellz c/M Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) CIN Whitfield Marine Fisheries Anne Deaton WARO/ECRO James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard Sheri Montalvo DEMLR/DWR: DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Chris Pullinger WRC Maria Dunn (WARO) National Heritage Program Rodney Butler RECEIVED AUG 0 3 2020 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\John Powles\Maj Comment Distribution Sheet -John Powles.docx Revised:6/29/2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS armor August 3, 2020 MEMORANDUM: NORT14 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) g regg - bod nar(W ricden r. gov SUBJECT: CAMA Application Review Applicant: John P. Powles Project Location: 2678 Ainsley Road in Percluimans County Proposed Project: Construct a platform addition, install a boatlift and relocate two existing jet ski lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 24, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE RECEIVED AUG 0 3 2020 Not Carolina Department of Orvbonmmrtal Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Cmollna 27909 252 264,3901