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HomeMy WebLinkAbout48-20 Reekes, JohnPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission COPY erm for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 48-20 Issued to John D. Reekes III, 3401 Oxford Dr., Sutherland, VA 23885 Authorizing development in Dare County at adi. to Roanoke Sound, at 136 Sunrise Lane, in Colineton as requested in the pennittee's application dated 1/17/20, including attached workplan drawing (1), dated 2/3/20. This permit, issued on April 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) 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. (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 authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. zlllez�c_� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature John D. Reekes III ADDITIONAL CONDITIONS Permit No. 48-20 Page 2 of 4 4) 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 pemuttee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 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) The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) 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. 10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. 11) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 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. 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Docking Facility 15) This permit authorizes only the pier, platform, tie pilings, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. John D. Reekes III ADDITIONAL CONDITIONS Permit No. 48-20 Page 3 of 4 t4j�py 16) 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. 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. 18) This permit authorizes a maximum of I formalized boat slip. 19) 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. Groin 20) The groin shall be constructed in accordance with the attached workplan drawings. 21) The alignment of the authorized groin shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 22) The groin located immediately adjacent to the authorized access pier shall not extend more than 25 feet waterward of the normal water level at the time of construction. 23) The permitted groin shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. USACE Conditions 24) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manateeguidelines pddf General 25) 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. 26) 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. 27) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. John D. Reekes III Permit No. 48-20 �aP'Y Page 4 of 4 ADDITIONAL CONDITIONS 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-2019-01593). 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. 2003-0221 v3. 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. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: 73bhn k�) Type: (Check all that apply) New V Major Mod Permit Coordinator: Field Representative: Date Time ; , ►a�xx Permit# Minor Mod Renewal Transfer Message C4�() ;►j�d Ytn',,t (Zto� l(lx� T1�� Iio � �.r �o�P<GYx1 NC/S iu%YY/M'c�/ /tr. Suoil7i� w/ /iJ� Ik-b-0 1*10 51Wil x GPf lJo f DCM Coordinator: Permit #: MAILING DISTRIBUTION SHEET Permittee:, 141 1 �6;1 fli *(O/oC;otck -DC- Sol i L �G Z3i3�s Agents: &tcn br .W o n;;.34 se-ii/ _ /Z'Gk 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) Josh Pelletier (Berticl 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 Env ironmental.Review@ncdcr.gov Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, 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) 4 Natural HeritageProgram r P�rogram Rodney Butler tAtl (NCDOT) Travis Wilson DCM MP-7 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary ApplicanNLandowner Information Business Name Project Name (if applicable) Received Applicant 1: First Name John MI D Last Name Reekes III Applicant 2: Frst Name MI Last Name It additional appllcants, please attach an addlflonal page(s) with names llsled. Melling Address 3401 Oxford Dr PO Box CRY Sutherland State VA ZIP 23885 Country USA Phone No. - - GA. FAX No. - Street Address (it different from above) City State ZIP Email jreekes O pmi lubes.com 2. Agent/Contractor Information Business Name Ouible & Associates P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 2790 252.491-8147 ext. exL FAX No. Contractor e Street Address (d aftrant from above) city State ZIP 8466 Caratoke HWY Powells Point NC 27966- Email brubino®quible.com <Form continues on back> RECEIVED 252-808-2808 .. 1.888.4t1COAST .. www.nccoastalmanageme t. l 2o2o DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Bd. e Dare 136 Sunrise Lane Subdivision Name City State Zip Colington NO 27948- Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I , a. In which NC river basin Is the project located? to. Name of body of water nearest to proposed project Pasquotank Roanoke Sound 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 Roanoke Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed SYes []No work falls within. Dare County Unincorporated 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.R.) 84.6 LF 30,294 SF c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or 30,294 SF, I I NWL (normal water level) (if many lot sizes, please attach additional page with a Met) 5 ft ❑NHW or SNWL e. Vegetation on tract The majority of the property is wooded (live oak, pin oak, pine, wax myrtle); Welland areas include wax myrtle, red bay, marsh hay, juncus spp., Phragmites, spp. f. Man-made features and uses now on tract None g. Identity and describe the existing land uses ad' aeon to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-1 (Low Density Residential) (Attach zoning compliance certificate, if applicable) SYes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it Involve a ❑Yes SNo ❑NA National Register listed or eligible property? <Form continues on next page> Received RECEIVED JAN 23 2@P) 252-808.2808 .. 1.888.4RCOAST .. www.ncco a anagem on t. e - DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (1) Are mere wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (if) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) in. Describe existing wastewater treatment facilities. No existing wastewater treatment onsite. Lot is currently undeveloped. The owner will ultimately have an on -site septic system and drainfield for the future residential homesite. Receive o. Describe existing drinking water supply source. Dare County Public Water Service JAN 2 8 ZOZ; p. Describe existing storm water management or treatment systems. Open space infiltration DCKE 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commemlal ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residential homesite 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. Barge, dumptruck, skidsteer, vibratory hammer will all be utilized for the construction of a new bulkhead and pier system. d. List all development activities you propose. Proposed work includes a new shoreline stabilization bulkhead, 25 ft groinletty, construction of a pier/dock with a platform, boat slip with tie piles. See attached project narrative for a detailed desciption of proposed work. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 1,243 OSq.Ft or []Acres g. Will the proposed project encroach on any pudic easement, public accesswey or other area Elyse ®No ❑NA that the public has established we of? h. Describe location and type of existing and proposed discharges to waters of the state. No new proposed discharges 1. Will wastewater or stormwater be discharged Into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED 252-808.2808 .. 1 - 8 8 8 - 4 n C OA ST .. w w w. n c c o a s t a l ma na g c me 1 on DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application torn, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and 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 Marc Jorrens Phone No. Address 135 Sunrise Lane Kill Devil Hills, NC 27948 Name Terrence Bowser Phone No. Address 4311 Saint German Court Ashburn, VA 20147 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permlaee, and Issuing dates. Nationwide 18 Fill Permit: SAW-2019-01593; 10t23r2019 401 Water Quality Certification: DWR#03-0221 V2; 10/2ar2019 h. Signed consultant or agent authorization form, 8 applicable. I. Welland delineation, if necessary. ). A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 )l-2p-ZO Print Name Rind✓, (2,A6,A& Tor tkk\ Signature Please indicate application attachments pertaining to your proposed project. Received ®DCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts JAN E ��T� ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information DCM-EC RECEIVED 252-808-2808 .. 1.888-41FICOAST .. www.nccoastalmanageFitlA t6 12020 Form DCM MP-2 EXCAVATION and FILL (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. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width vg. Existing NA NA Depth -!net Project Depth NA NA 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. C. (I) Does the area to be excavated Include coastal wetlands/marsh (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 _ OWL ❑None (d) Describe the purpose of the excavation in these areas: b. Type of material to be d. High -ground excavatlon in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. area. C. (I) Do you claim title to disposal area? ❑Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. b. Dimensions of disposal area. d. (1) Will a dis��ssal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal watlands/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 OWL ❑None (it) Describe the purpose of disposal in these areas: (I) Does the disposal Include any area In the water? ❑Yes ❑No ❑NA (it) If yes, how much water area is affected? JAN 23 2K-) RECEIVED D M_EC FFR 1 2 7011 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement_net revised: 12/28188 DCM-MHD CITY Form DCM MP-2 (Excavation awl Fin, Page 1. of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 88 If ®Bulkhead ❑Riprap ❑Breakwater/Sill ®Other: je(_lty c. Average distance waterward of NHW or NWL: 5 it (bulkhead); 25 it (groin/jetty) e. Type of stabilization material: Timber and vinyl Sheetpiling Width: 1 it d. Maximum distance waterward of NHW or NWL: 9.21 it (bulkhead), 2511 Betty) I. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No []NA III) If yes, state amount of erosion and source of erosion amount information. 2-3 ft (physical observation) g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 521 SF Riprap Clean fill sand Breakwater/Sill_ Other_ I. Source of fill material. Clean fill sand to be brought to the site from approved local borrow pit. -c eive DMEC 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yea ❑No ❑NA b. (I) Will fill material be placed in coastal wetlandsimarsh (CW). If yes, III) Amount of material to be placed in the water (III) Dknenslons of f11 area (iv) Purpose of fill 5. GENERAL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑S" _. ❑SB ❑WL []None III) Describe the purpose of the fill in these areas. a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragli controlled? backhoe, or hydraulic dredge)? Silt fencing and seeding for erosion protection. Dumptrucks, barges, skidsteer, vibratory hammer, hand tools c. (i) Will nevi Me aids be required as a result of the project? ❑Yes Me ❑NA (ii) If yes, explain what type and how they will be implemented. NA d. (1) Will wetlands be crossed in transporting equipment to project site? ®Yes []No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Logging mats will be used to cross any wetlands neocesary �1t�-Izozo Date 7ot� O. (2-rzeKes:TSt.. Rct Applicant Name gftcn j'Z1„b,� It Gj ,, Uk 8 A3J s c- f C . Suntvse l cvle Project Name IM Applicant Signature D 252.808.2808:: 1.888-4RCOAST:: wwwmccoastalmananement.net — ' —'u4u revised: 12126106 DCM-MHO CiTy Received Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) J023%-D DGM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (I) Will the facility be open to the general public? []Commercial ❑Public/Government ®Private/Community ❑Yes ENo c. (I) Docks) and/or pier(s) d. (1) Are Finger Piers included? ❑Yes ENo (II) Number 1 If yes: (III) Length 92 LF (it) Number IN) Width 6 FT (III) Length (v) Floating []Yes ENo (iv) Width _ (v) Floating []Yes []No e. (i) Are Platforms included? ®Yes ❑No I. (I) Are Boatlifts included? []Yes ENo If yes: If yes: (if) Number 1 (tp Number (lit) Length 20 FT (iii) Length _ (iv) Width 6 FT Cv) Width (v) Floating ❑Yes ENo Note: Rooted areas are calculated from dripfine dimensions. g. (I) Number of slips proposed h. Check all the types of services to be provided. 1 ❑ Full service, including travel lift and/or rail, repair or (11) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies E Dockage ('Wet slips") only, number of slips: 1 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: I. Check the proposed type o1 siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel EOpen water; no dredging required []Other: please describe: k. Typical boat length: 244 t m. (1) Will the facility have fie pilings? ®Yes []No (if) If yes number of fie pilings? 2 J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout I. (t) Will the facility be open to the general public? ❑Yes ENo RECEIVED FEB 12 2020 252-606-2808:: 1-086-4ftCOAST :: www.necoastalmananement.net DCM-M H D rwtioetl: 12/27/06 Form UCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILIMMARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included In the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers Receiv ❑ Boatholding tank pumpout; Give type and location: MU zs r.) b. Describe treatment type and disposal location for all sanitary wastewater. D l EC C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (it) Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. I. What will be the marina policy on overnight and live aboard dockage? k. Describe design measures that promote boat basin Rushing? I. If this project Is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes []No 252.808.2808 :: t-888.4RCOAST :: www.necoastalm_anepement.ncl FEB 12 2020evisod: 12127706 DCM-MHD CITY Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marktaldecking facility proposed within or adjacent to any shellfish harvesting area? ❑Yea ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB Received OWL ❑None .Received p. Is the proposed marine/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No 1n)l y 3 °`) If yes, give the name and address of the leassholder(s), and give the proximity to the lease. DCM-EC 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑PubllrlGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. Ua rock groin, use Ill Excavation and Fin.) ❑This section not applicable a. (I) Number 1 (if) Length 25 ft (Ili) Width 1.5 ft 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands �6. MOORING PILINGS and BUOYS ®This section not applicable MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Noer This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED 'l.52-A00-200a :: 1-e88-4RCOA5T :: www.ncroa stahn:nrglenu`n Lncl revised: 12/27106 DCM-MHD CITY It orni DCM M111-4 (Structures, Pago 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Ptoidmity of stiucture(s) to adjacent docking facilities. 40 it to the northern line, 41 it to the southern line 4101t to the south (private pier) Note: For buoy or mooring piling, use arc of swing including length of vessel c. Width of water body 3.9lies (to Roanoke Island) e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No []NA (if) It yes, explain what type and how they will be implemented. d. Water depth at waterward and of structure at NLW or NWL 2.0 it 8. OTHER ®This section not applicable a. Give complete description: 95 it boardwalk to waters edge Ili `ZO 2d Date 13(0 5L,M6&e Project Name �;►�,, 0 22�►cc� t� Applicant Name JA- Applicant Signature Received JAN 2.9, [uJ DCM-EC RECEIVED 252-808.2008 :: '1.888-4RCOAST :: www.necoastalmananement.net FEB 12 2020 revised: 12/27106 DCM-MHD CITY T ROY COOPER Covemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality April 20, 2020 John D. Reekes III Oreekes@pmilubes.com) SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for John D Reekes in Dare County Dear Mr. Reekes: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on February 6, 2020. On March 24, 2020, processing of your application was placed on hold pending resolution of issues with The NC Division of Marine Fisheries (DMF). This office received an email from the DMF staff that their request for additional information had been satisfied on April 20, 2020. Therefore, processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is May 22, 2020 Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator " A 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 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, April 20, 2020 12:13 PM To: jreekes@pmilubes.com';'Brian Rubino Subject: Reekes CAMA project Attachments: Reekes OFF HOLD.pdf Afternoon all, After receiving DMF's response to an update request, please see above for the off hold letter. I currently have all comments received and I should have a final determination asap. Thanks, Gregg 5D_5�tle [ arIIM#N Ww Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BN 29M ext 215 (Office) Gregg,Bodnar ncdenr.go_v Email cor►espondence to and from this address is subject to the North Carolina PabUc Records taiv and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, March 20, 2020 10:29 AM To: Brian Rubino Subject: FW: [External] RE: James Reekes Morning Brian, See below for the response to your additional information for the groin. Looks like the SAV survey will be needed to move forward with the proposed groin. The survey can be done in April. I will need to place the project on hold till the SAV survey is completed and a response to the additional information is provided by DMF. Please let me know how you'd like to officially proceed. Thanks, Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Friday, March 20, 2020 9:04 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: Re: [External] RE: James Reekes Good morning Gregg, DMF doesn't object to the bulkhead, but would still recommend that the groin portion of the project be removed as a permit requirement. Additionally, DMF would still need to see results of an SAV survey to assess potential impacts of the proposed structures. As noted in the comments provided previously, the survey could be completed in April rather than after the start of the normal active growth period, due to the mild winter. Thanks Gregg! Jimmy Jimmy �Jarrison Hakitat and Enhancement Section NC Division of Marine risheries james.harrison@ncdenr.gov 252-9+5-3835 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 wvvw.guible.com rouible.coml LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have raceived this email in error please contact the sender and delete the material from any computer. From: Bodnar, Gregg <erees.bodnarC@ncdenr.eov> Sent: Thursday, March 19, 2020 10:42 AM To: Brian Rubino <brubinoCcDauible.com> Subject: James Reekes Morning Brian, I have attached comments from DMF concerning the groin and SAV. They have requested a SAV survey that can be conducted in April. With the request for additional information we have a couple of options. 1. Would be to conduct the survey and provide to DMF and DCM. I would have to place the project on hold until the survey would be completed and DMF provides comment. 2. If the groin is not of significance to the overall project, the removal of the groin from the proposal should alleviate the concerns of DMF. If this is an option I can verify with DMF. Thanks and let me know how you'd like to proceed, Gregg h',[«PJSiiti4D Qp!, Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 21S (Office) 9MggWnaEencdenr. v Emaq correspondence to and horn this address is subject to the North Carolina Public Records Low and may be dfsdosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality March 24, 2020 P144, John D. Reekes III Oreekes@pmilubes.com) SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for John D Reekes III, in Dare County Dear Mr. Reekes: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on February 6, 2020. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: 1) Based on correspondence submitted by The NC Division of Marine Fisheries (DMF) dated March 18, 2020, the DMF has requested additional information concerning a Submerged Aquatic Vegetation survey for the location. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the required information is provided to the DMF and a copy of the approval supplied to this office. I have supplied a copy of the DMF's request and contact information as an attachment to this letter. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8062808 If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at greg¢.bodnar@ncdenr.gov. Sincerely, M 11'=W UWE UM Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Audy Peoples, DCM Elizabeth City James Harrison, DMF WaRO 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 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, March 24, 2020 12:57 PM To: jreekes@pmilubes.com; Brian Rubino Cc: Peoples, Audy J; Harrison, James A Subject: SAV Survey Request Attachments: Reekes Project comment letter - FINAL.docx; Reekes HOLD.pdf Afternoon Mr. Reekes and Brian, Per our discussions concerning the request of the DMF for an SAV survey for the property I have placed the project on hold pending the survey and response by DMF. Above I have attached the hold letter and DMF's comments for reference. If you have any questions concerning the contents of the SAV survey please contact DMF (contact info is in the request) and if there are any questions concerning the permit application please do not hesitate to call. Please pass along the SAV survey when complete and I will also coordinate with USACE to update them, as I have not received any reply to date. Thanks. Gregg Gregg Bodnar Assistant Major Permits Coordinator .,/ Division of Coastal Management Department of Environmental Quality 252 ON 28M ext 21S ,(Office) Email cormspomfence to and from this address is subject to the North Carolina Publk Records caw and may be dhdosed to third porrks. Bodnar, Gregg From: Peoples, Audy J Sent: Thursday, March 5, 2020 4:50 PM To: Bodnar, Gregg Subject: RE: CAMA APPLICATION: John D. Reekes, III in Dare County Good afternoon, I apologize there is no 404 in the fill area From: Bodnar, Gregg Sent: Thursday, March 5, 2020 1:57 PM To: Peoples, Audy 1 <Audy. Peoples@ ncdenr.gov> Subject: FW: CAMA APPLICATION: John D. Reekes, III in Dare County Afternoon Audy, Just looked at this one and I noticed the bio report has about 1,200ft2 of 404 fill identified. I can't find where the fill is, it looks like they were filling uplands and some below NWL to set the bulkhead. Is there 404 in the fill area? Thanks for the help, Gregg From: Godfrey, Ella M <EIIa.Godfrey@ncdenr.eov> Sent: Wednesday, February 12, 202010:51 AM To: Bodnar, Gregg <ereee.bodnar@ncdenr.eov> Cc: Cannon, Amanda 1 <Amanda.Cannon@ncdenc.eov> Subject: CAMA APPLICATION: John D. Reekes, III in Dare County Good morning Attached is a CAMA Application for the above named applicant. This application has oversized site plans that will be put in the mail today. It has been entered in CDAITS. The application number is 2020-26271-AP Ella M. Godfrey Office Assistant IV Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 231 252-331-2951 (fax) ella.aodfrevOncdenr.aov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Bodnar, Gregg From: Brian Rubino <brubino@quible.com> Sent: Thursday, February 13, 2020 9:03 AM To: Pelletier, Josh R CIV CESAW CESAD (USA) Cc: Standridge, Billy W CIV USARMY CESAW (USA); Bodnar, Gregg Subject: [External] RE: Jay Reekes Attachments: P02081.1-CAMA Plan 020320.pdf; IMG_3379.JPG CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Josh, I appreciate the review. Please see attached plan. Before the owner closed on the lot we did the JD (404 Delineation) work as well as the Nat 18/401 cert for the future homesite since they needed to know they could secure this for future residential development before buying the property. After closing on the lot (Nov or December 2019) he wanted to pursue stabilization of the shoreline which has eroded at high rates, quite a bit of which has occurred after the neighbors on each side built bulkheads. The 1,243 SF of proposed fill along the shoreline (shaded on the plan) is all in uplands and is associated with bulkhead system tiebacks. There is, however, 521 SF of proposed fill below NWL (shaded and diagonally cross -hatched on the plan). This is a very shallow area and is fairly regularly dry. The bottom here has downed trees and remnant sandbags and is devoid of vegetation. Attached is a photo of the area below NWL that we are proposing to fill (low tide day). This would allow the owner to tie his bulkhead into the corner of both of the neighbors. Let me know if you have additional questions or if you want to meet on -site. Thanks, Brian Rubino -----Original Message ----- From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.m!I> Sent: Thursday, February 13, 2020 8:40 AM To: Brian Rubino <brubino@quible.com> Cc: Standridge, Billy W CIV USARMY CESAW (USA) <Billy.W.Standridge@usace.army.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Jay Reekes Brian, I hope this email finds you well. I wanted to touch base on the Reekes permit application. After talking with Billy it seems the applicant is piece -milling his project so I am trying to fill in some holes. The application says that there will be 1,243 square feet of fill in Section 404 wetlands. However, further in the narrative it says that no wetlands will be impacted by the construction of the bulkhead. We are concerned that if there are wetland impacts associated with the bulkhead, we will have more than minimal cumulative impacts and may need to go another permitting route. If you don't mind, send me an electronic plan and maybe that will help answer some questions. Thanks for your help and I look forward to hearing from you! 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.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey V ,C I s E LAMA SITE PLAN R g 8 136 SUNRISE LANE — JAY REEKES IAI a TOWNSHIP OPAE COUNTY NORiH OAROLINA IN Crnrt[ i ESSIS"niis PI..C. 't] •0 sma ua c-ma r "HEITTE,Quible °z & Amociates, P.C. "r" °°N°'^• j{[y$gy�i • C.NSUONG • vuNNNG y K �i' !� ENGINEERING.. ENVIRONMENTAL SCICNNI SURVEYING.• .ar_ CC MED.I° MEN.NT µ . 'AF M. N r..,.. a�N .ron°wnw°.°, HOTUSSIDn YP ms,�m�:::^,,... .°.�TH, Fmk°:R,r DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: John D. #fie y e5 -_%_ COUNTY: Dare PROJECT NAME: Bulkhead, pier, platform LOCATION OF PROJECT: 136 Sunrise Lane, Colington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-6-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Audy Peoples DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: Date a/ I d ao > o B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (6W40) # III(C) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 2-16-20 END OF NOTICE DATE: 3-7-20 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE-. 4-21- 0 �LL110 150 DAY DEADLINE: HOLDS: Uy _ !!Uw EMAIL OUT DATE: 2-12-20 STATE DUE DATE: 3-4-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep yp DCM - LUP Consistency Determination Z Zp Local Permit Officer Corps of Engineers - Regulatory Branch / DWR-401 Section Lv Zco3_v z( v3 DWR-Public Water Supply zk io >c DEMLR - Stormwater DEMLR - Sed and Erosion Z is 7o y� DOA - State Property Office aAAl e x Wildlife Resources Commission ; (L 70 K DMF - Shellfish Section L Z IG DMF - Habitat & Enhancement oI ISu 0� DNCR - Archives & History S !G DNCR- Natural Heritage Program 3 O NCDOT NC Dept of Commerce L (c( t7 REGEIVE FEB 12 20ZO DCM-MHD CITY .`;> -�n- ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director �1 13116 03 IT1,10 11631 TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager Q A 2 FROM: Audy Peoples, Field Representative Age DATE: March 2, 2020 SUBJECT: John D. Reekes III Major Permit Recommendations The applicant proposes to construct a vinyl bulkhead waterward of normal water level (NWL) that will tie into and align with adjoining bulkheads, backfill an area below NWL, construct a groin, construct a pier with a platform and one formalized boat slip with two tie piles. The site of the proposed development is located at 136 Sunrise lane, Colington, Dare County, adjacent to the Roanoke 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: 15A NCAC 07K 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 beds, RECEIVED DEQ�e� MAR 04 2020 North Carolina Department of Environmental Quality I. Division of Coastal Management DC"HD CITY lA Elizabeth City Office 1401 South Griffin Street. Suite 301 1 Elizabeth City. North Carolina 27909 Gregg Bodnar, Assistant Major Permits Coordinator John D. Reekes III Major Permit Recommendations March 2, 2020 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) states 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 and (7) Bulkheads 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 that 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 John D. Reekes III Major Permit Recommendations March 2, 2020 Page 3 Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 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 do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(G) states that pier and docking facility length 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 development is consistent with the intent of this rule. (ii) not extending into the channel portion of the water body; Consistent: The proposed development is consistent with the intent of this rule. (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 does not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(I) states 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. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. Paragraph (7) Bulkheads DCM-M'HD CITY 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 f5.9' waterward of NWL. Gregg Bodnar, Assistant Major Permits Coordinator John D. Reekes III Major Permit Recommendations March 2, 2020 Page 4 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." 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 development is consistent with the intent of this rule. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (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 non -oceanfront area. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the Gregg Bodnar, Assistant Major Permits Coordinator John D. Reekes III Major Permit Recommendations March 2, 2020 Page 5 management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. MAR 0 4 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator John D. Reekes III Major Permit Recommendations March 2, 2020 Page 6 (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed development is consistent with the intent of this rule. 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 John D. Reekes III for the development as proposed. ROY COOPER Governor MICHAEL S, REGAN secretary BRAXTON C. DAVIS Director February 12, 2020 MEMORANDUM: NORTH CAROLINA EnvlreamentolQaallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 26557 Fax: 252-247-3330 (Courier04-16.33) gregg bodnarOncdenr.gov SUBJECT: CAMA /Dredge 6 Fill Application Review Applicant: John D. Reekes III Project Location: 136 Sunrise Lane In Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetiands, a pier with a T-head platform and a groin 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 March', 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) 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 /VC- RECEIVED SIGNATURE � .� V Ld DATE a~�`f- 20 FEB 1 4 2020 North Carolina Department of rmtronwntal Quality I DMslon of Coastal Management Eltzabethaty Offloe 140t SauthGn0ln Stmet,SW1e300 I Rtzabeth ❑ty,North CaroMa27909 252264390i IEOY COOPER coY.etnar ..;. MICNAELS I.ECANI searrury' BRA7tTON C DAVIS: our�m February 12,,2020 MEMORANDUM: FROM: $UBJE¢T; Appllcant: ,Project Location: Proposed Project: v AGENCY �L 91ONA`L'URE C2 DATE r� ,I Gregg Bodnar,.Assistant Mjor Parmits Coordinator NCDEQ-OlvisionofCoastalManagernent ' 400 Cainmerce AW, Morehead°City, NC 2$667 Fat 262-247-3336 (Couder04-16.-33J are6a:b6dnar6ncdenedov. CAMA(Dredge &,Fill"Applkittlon Reyiew John: D. Reekes:.11h 136 $unrise Lane:InDare.County Construct a bulkhead with illl,waterward of;NWL and. USACE. section 404- wetlands, a pler with a T-head platform and a groin: your agency's position or viewpoint pn the pfoposed project and 9a Bodnerat the address abovg'by Marati,4, 2020. If -you have any: questions project, contact Audy'Peopies (262-26d-38P1, ext. 232)`when appropriate, in This agencghas no This agency approy are incorporated. Si This agency objects comments.. / iy� W7 l �F• � o 0 nded changes In the attached F E B 1 4 .2020 �F � MP SECTION MHD North Carolina Departinettt of aivlronmental Quality�l blvisrogoFCOAat4lManaOement ElizabethClty orfleei.401South Cf.MStrect,SWte 3001 EWa4hCltr,North Carand27909' .. >�.._ __... L , l M ROY COOPER NORTH CAROLINA EnHronmenTal�ll�-- MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dwor" February 12, 2020 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: 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) gregg.bodnar(Wricdenr.Qov CAMA/Dredge & Fill Application Review John D. Retakes III 136 Sunrise Lane in Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetlands, a pier with a T-head platform and a groin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Green Bodnar at the address above by March 4, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supping 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. PRINTNAME SAMIR '"MP°R AGENCY ��M�--1~' 1=4 S SIGNATURE DATE D Q� RECEIVE® F E 8 1 4 2020 NIP SECTION 9l HD North Cardtna Department of Environmental Quality I DMston of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite= I Elizabeth Caty,North Cardin 27909 252.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Daector February 12, 2020 MEMORANDUM: NORTH CAROLINA EhvtronmantafQuarrty 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) greambodnar0ncdenroov SUBJECT: CAMA /Dredge 6 Fill Application Review Applicant: John D. Reekes III Project Location: 136 Sunrise Lane In Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetlands; a pier with a T-head platform and a groin 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 March 4, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) 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 NC�JDMF Shellfish Sanitation SIGNATURE 24uL for Shannon Jenkins dIr DATE 2/12/20 DE�Q529 RECEIVE® F E B 1 4 2020 PAP SECTION MHC North Carolina Department ofWrtamnental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elzabeth Oty,North Carollna27909 2S22643901 .. ... ... ..... ._...., .___.. ROYCOOPER Cnrrria - MICHAEL'S. WAN. Seeretary BRAXTON C. DAVIS 0lmcfar Februay 12, 2020 .MEMORANDUM: NORTH CAROLINA EnvlroninentdrQuuf7ty I FROM; Gregg ,Sodnar,.Assistant Major Permits Coordinator NCDEQ - Division 6f Coastal Management 400 Commerce Ave„ Morehead Clty, NC 28657 Fax:2Z247-3330 (Courier 0446-33) gregg.bo4nar0ncdenr.00v SUBJECT; CAMA/Dredge & Fill Appllcation Review Applicant: John D. Iteekes III Project Location: 1361unrise Lane In Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404 wetlands,a plat with a T-head platform and wgroin. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoa Bodnar at the'address above, by March 4, 2020. Ifyou. have any. questions regarding the proposed project, conte.ctAudy;Aeoples (252-2tt4-3901, ezl: 232) When appropriate, In- depth comments with suppolting,dats is..requested. This agency has no objection to the project as proposed. "Addilional.comments maybe 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 K Sit= - PRINTNAME Gkar ah ow'.01 AGENCY. N i b — n ��++ p p�, SIGNATURE��REC I if ED DATE FEB 1 8 219�p QMP SECTBQd''t9 E) North Caroltna Department ofEnvhonmental Quality I' DhIslonof CoastalMarogement Ellrabethaty Office 140ISouthOrllfln5treet 8ufte300 I E1Izabeth Oly.North CaroWia27909 .. - 2=64.3901 .. _ _ . ........... _. . _ _. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Co:71CMIP, anagement FROM: Charlan Owen NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by John Reekes III to install 88 linear feet of bulkhead, a 6 foot by 92 foot long pier with a 20 foot by 8 foot terminus platform, a 12 foot by 12 foot boat slip with two (2) tie pilings, and a 25 foot long groin on the Roanoke Sound, and install a connecting 6 foot wide by 95 foot long walkway; at 136 Sunrise Lane, on Colington Island, in Dare County. DATE: February 18, 2020 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The .70 acre undeveloped subject property has approximately 85 linear feet of shoreline along the Roanoke Sound. Water depths in the sound range from -.5 feet to -2.5 feet approximately 100 feet from the shoreline. A 2 foot high erosion escarpment is located at Normal Water Level (NWL). The site includes 6,857 sq. ft. of Section 404 Wetlands located a minimum of 15 feet landward of NWL. The property is in the AE (8) Floodzone. Installation of 88 linear feet of bulkhead, a 6 foot wide by 95 foot long walkway connecting to a 6 foot by 92 foot long pier with a 20 foot by 8 foot terminus platform, a 12 foot by 12 foot boat slip with two (2) tie pilings, and a 25 foot long groin is proposed. The bulkhead will tie into existing bulkheads on adjacent properties to the north and south. Bulkhead alignment will be an average distance of 5.9 feet and a maximum distance of 9.12 feet waterward of NWL. Backfill for the bulkhead will consist of clean sand from an upland source. The walkway will begin on highground and extend over Section 404 wetlands. The boat slip will be located in water depths approximately 2 feet below NWL. The groin will extend from the bulkhead and run along the south side of the pier. The waters of the Roanoke Sound in this area are designated as Coastal Waters and SA:HQW and are closed to shellfishing. There are no known areas of archaeological significance on or near the property. Submerged Aquatic Vegetation (SAV) was not observed growing in the project area due to the time of year, however it has been observed in the area at water depths deeper than 1.75 feet. '-' R..ED F E E " � 2020 North Carolina Department of Envirorurrental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252164.3901 NOT SU, � yb�N MHD R North Carolina Department of Environmental Quality Division of Coastal Management Anticipated Impacts resulting from this project are expected to include: the filling of 521 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 1;243 -sq. ft. of Estuarine Shoreline AEC; the disturbance of 25 sq. ft. of Public Trust Area/Estuarine Waters AEC, and; the shading of 712 sq. ft. of Public Trust Area/Estuarine Waters Areas AEC and 384 sq. ft. of Section 404 Wetlands. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community Residential". As indicated on Page 214 for the "Community Residential" designation, "...(I)and disturbing activities that alter or remove vast amounts of vegetation, alter natural drainage patterns, or which divert storm water into surface waters are considered incompatible with this sub -classification". The following LUP policies may be applicable to this request. Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use'of the public trust areas and waters." Land Use Compatibility: Policy LUC#14, Page 159. "Tree clearing and land disturbing activities on small residential lots or other private property should be done prescriptively or according to the guidelines of NC Cooperative Extension office or the UNC Coastal Studies Institute. The use of fill material on private property, although not currently regulated by the Dare County Zoning Ordinance, should be accomplished in a responsible manner." Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of �^ structures, lands, and artifacts that have been identified by th Cl:.I?��r E® Department of Cultural. Resources, Division of Archives and Histo , f FEB 1 0 2020 r 1 North Carolina Department of Environmental Quality Division of Coastal Management ` archaeologically or historically significant. On a case -by -case basis individ"uaf protection/management strategies should be implemented to —ensure ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concern (AECs) designed underthe CAMA program..." Policy NH#3, Page 180. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Water Quality: Policy WQ#2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." MEMORANDUM Page 3 of 4 F E B 1 8 2020 MP SECTION M'HD F North Carolina Department of Environmental Quality Division of Coastal Management Policy WQ#5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance..Vegetative buffers and other low —impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to address stormwater runoff adjacent to SA waters." Policy WQ#S, Page 192. "Dare County supports the U.S. Army Corps of Engineers nationwide permit program as administered in 2009. This support is based on the current scope of permitting limits of the nationwide program and not any changes that may result in a different policy. Dare County reserves the right to review, comment, advocate, or oppose any proposed regulations or programs that may affect the Army Corps of Engineers nationwide permit program." Policy WQ#10, Page 192. "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners . for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." MEMORANDUM Page 4 of 4 RECEIVE® F E B 1 8 2020 MP ESECTION MHD ROY COOPER NORTH CAROLINA Governor Environmental Qual& MICMELS. RECAN Secretary BRAXTON C DAMS Director February 1Z 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator i NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, W, 28557 Fax 252-247-3330 (Courier04-16-33) G reaG. bod nang2trioden r. qov I SUBJECT: GAMA l Dredge &Fill Application Review Applicant: John Q Reekes N ' Project Location: 136 Sunrise Lane In Dan: County Proposed Project Construct a bulkhead with fill waterward of NAIL and t1SACE section 404 wetlands, a pier with a Tfiead platform and a groin Please indicate below your agency's position or viewpoint on the proposed project and f return this form fo Greaa Bodnar at the address above tar March 4 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, eQ. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: XXX This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment to 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 h the attached comments. PRQtITNAME Rodney A Butler RECEIVE D AGENCY: NC Natural Heritage SIGNATURE RodneyAButler - MAR n 2020 DATE 31212M MP SECTION M D D, EQ North Carona Deparnretn of Envlmomenel Quality I DWon of Coal MeneWment Elizabeth Clty Olfloe 1 401 South Griffin Sleet Suke 300 1 Eb abeth Cly, North Carona 27909 2527E4.3901 .. ._. .. _v.. .. -------- ROY COOPER GovgnW MICHAEL S. REGAN seacm7 BRAXTON C. DAVIS DIMCW r NORTH CAROLINA EnWronmentolQua/Dy J February 12, 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 04-1643) greego.bodnarOncdenngov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: John D. Reekes III Project Location: 136 Sunrise Lane In Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetlands, a pier with a T-head platform and a groin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Green Bodnar at the address above by March 4, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) 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" Y� 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 W almdO= - ib- n i a enj AGENCY :.I.lt —. SIGNATURE 1. fal(dLA- RECEIVED i DATE 3' ji-0 MAR n 2020 ` 4. �.. FAP SECTION MHD s NodhC rogna Depenmentofaalrc talQUalhy I W&IMOMeastalManagement ahabethatygfnee 14015outhCrllfln Street, &il OO I Eazabelhaty,North CarollnaMo9 2522643901 .. .... ... j Received: 02/ 19/2020 d„ Historic Preservation Office Yn� , TH CAROUNA cE-RIW03.72) GOY COOPER EnvlRrnnmenAaiQuaUry Cmwnar NHCHAEL S. REGAN sea -envy BRAXTON C. DAVIS _ ^(� (► DUectorDue;�U2L27l2020? February 12, 2020 A-- Vµ' MEMORANDUM: 3 (' 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 reno.bod nar(ftedenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: John D. Reekes III Project Location: 136 Sunrise Lane In Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetlands, a pier with a T-head platform and a groin 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 March 4, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) 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 Gledhill -Earley AGENCY DECEIVE® SIGNATURE DATE MAR r, 2020 NorlhCarobna Department OfDwtro m ntal Quality I DhistonofCoastal Management Otaabeth COy Office 1401 South Grif nStreet. Sulte300 I Ozabeth Ciry, Nosh Carol" 27909 242fi43901 - .. .. . FEB 20_.1010 ROY COOPER covemor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director February 12, 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 (Courier04-16.33) areao.bodnarAncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: John D. Reekes III Project Location. 136 Sunrise Lane In Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USAGE section 404- wetlands, a pier with a T-head platform and a groin Please indicate below your agency's position arviewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 4, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) 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�n4v,n AGENCY N(-"RC SIGNATURE DATE �-110-2O7r> MAR 1 6 2020 1`i eP aSECTI®N MHD North Carolina Department of Envimnmentaltiva@y 1 Division of coastalivanagement Elizabeth Clty0nlce 1 401 South GrlfGnStreef, Suite 3001 Elizabeth Cay,North CaroEna27909 252264.3901 III ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Jay Reekes 2403 Commerce Road Richmond, Virginia 23234 NORTH CAROLINA Environmental Quality March 18, 2020 RECEIVED MAR 1 9 pop0 MIP SECTION MHD DWR Project # 2003-0221 v3 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Gordon property - Lot 42, Swan View Shores (136 Sunrise Lane, Kill Devil Hills) Dear Mr. Reekes: 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 February 12, 2020. These impacts are covered bythe attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 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. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Amount Plan Approved Approved location/ (units) (units) Reference Permanent Temporary Attached Open Waters OW1- bulkhead, pier, 0.01(acres) 0 (acres) Sheets 1 of 1 groin, and backfill D _EQJ� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 na Ah LIHP wo.inwauw..�m ww 252946.6481 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and 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. S. 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 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.coml 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 8:00am and S:00pm, 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. RECEIVED MAR 1 9 ?n7n MP SECTION WIM Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road 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 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.pullingerftncdenr.gov if you have any questions or concerns. Sincerely, David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Brian Rubino, Quible & Associates, P.C. (via e-mail) Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Audy Peoples, DCM Elizabeth City (via e-mail) Laserfiche/DWR file copy RECENE+ MAR 1 9 2020 HAP SECTION MPHD MAR 1 9 2020 � j 9 i 4jlpo��ao 'I''P, � {�� ) 9 � • w FFizNXz 'I'll� �llii'"�liili l' �• / .) kh 4 9 a?yy'" a '1 .1� � O i V j3 k y z 9 i 3 s �� hr6� � SECTION ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February 12, 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 (Courier 04-16-33) areao.bodnar ricdencoov. SUBJECT: CAMA /Dredge & Fill Application Review Applicant: John D. Reekes III Project Location: 136 Sunrise Lane in Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetlands, a pier with a T-head platform and a groin 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 March 4, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. .PRINT NAME Chris Pullinger AGENCY DivisionofWater Resources RECEIVED SIGNATURE 6� March 17, 2020 MAR 1 7 2020 RBIMS Project#2003-0221 version 3 MP SECTION MH® MAR 1 9 9020 D Q- MPr{ Q+ r�� IIpp {�r�q $$yy o~ SECTION 3tnh WhCarollna Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 _ _ ...._ _ .. Bodnar, Gregg From: Harrison, James A Sent: Monday, April 20, 2020 11:59 AM To: Bodnar, Gregg; Brian Rubino Subject: Re: Reekes Gregg, DMF does not oppose to the project moving forward, and supports the comments from the other agencies. Thanks! Jimmy Jimmy �Jarrison Ha6itat and rn6ancement Section NC Division of Marine Fisheries mes.6arrison@ncdenr 2 5 Z-948-3 83 5 L .. } Email correspondence to and from this address is subject to the North Carolina Public Records Lmv and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, April 20, 2020 11:36 AM To: Brian Rubino <brubino@quible.com>; Harrison, James A <James.Harrison@ncdenr.gov> Subject: Reekes Morning all, I just wanted to check in to see if any progress has been made on the SAV survey for the Reekes project. Thanks, Gregg f ROY COOPER Governor MICHAEL S. REGAN Semetary BRAXTON C. DAVIS Dimaor February 12, 2020 NORTH CAROLINA Environmental Qualify 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) gregg.bodnarC�ncdonr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: John D. Reekes III Project Location: 136 Sunrise Lane in Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetlands, a pier with a T-head platform and a groin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gream Bodnar at the address above by March 4, 2020. if you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) 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 JAMS �rlsOn AGENCY NG F RECIE � ® SIGNATURE DATE 67VI ZOto MAR 1 g 2020 POP SECTION MHD North Carolina Department of Environmental Quality I Dhislon of CoastalManagement Elizabeth City Office 1 401 South Griffin Street Svite3001 Elizabeth City.North CaroI1na27909 2522643901 ROY COOPER Governor MICHAEL S. REGAN secretary STEPHEN W.MURPHEY Dkedor MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: 136 Sunrise Lane, Dare County DATE: March 17, 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 136 Sunrise Lane in Swan View Shores, Colington Island, in Dare County. The applicant is proposing to install an 88' long bulkhead that will tie into the bulkheads of the neighboring properties, and will average 5.9' waterward of NWL with a maximum distance of 9.12'. Backfill material will be from a clean upland source. Additionally, the applicant is proposing to install a 187' by 6' pier with a 20' by 8' T-platform, and a 12' by 12' boat slip. A 95' section of the pier will be on land, and the remaining pier and platform will be in the waters of the Roanoke Sound. Finally, a 25' groin immediately south of the pier is proposed. The proposed project is in an area with a historical record of submerged aquatic vegetation (SAV) in waters classified as SA with a supplemental classification of High Quality Waters (HQW). SAV is a highly valuable habitat, both environmentally and economically. These habitats provide nursery, foraging, and/or spawning areas for various recreationally and commercially important fish and invertebrate species. Additionally, SAV plays a critical role in natural erosion control and shoreline stabilization, as well as water quality enhancement, primary production, and nutrient cycling. Therefore, it is crucial that SAV habitat be protected, in order to maintain these critical environmental contributions. Additional information is needed in order to adequately review this application. The Division would request that a survey for SAV be completed during the active growth period. While May to August is preferred, the survey could be completed in April, due to the mild winter this year. This information is necessary, due to the historic record of SAV presence throughout the project location. The DMF has concerns with the groin since structures perpendicular to the shoreline can impede migration along the shoreline edge and could potentially be impacting SAV habitat. RECEIVE® LIAR 1 9 9nwl State of North Carolina I Dhislon ofMarine Flsheries 3"1 Armdell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 �! /� ,q 252-726-70Z I'V6P SECTION hlF Additional information is needed regarding the necessity of the groin due to the potential fish habitat impacts. This justification was not provided in the project documents. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonCfncderingov with further questions or concerns. MAR 1 9 2020 NIP SECTION MH® State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 N Regulatory Division SAW-2019-01593 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIW-0 MAR 2 c 9non MP SECTION ',_"' Reference the application of Mr. John Reekes to construct a 88 linear foot bulkhead an average of 5.9 feet waterward of normal water level, at 136 Sunrise Lane, in Colington, Dare 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 construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 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. S. 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 wat��� considered significant. fl`�et MAR 2 F ?ron MP SECTION MHD ti 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.fws.gov/nc- es/mammal/manatee_guidelines.pd£ Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, I/sh Pelletier 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 Regulatory Project Manager RECEIVED MAR 2 r, PnT PsiP, SECTION MHD Atlanta, Georgia 30303 RECEIVED MAR 2 r PoPn hm,P SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John D. Reekes III 2. LOCATION OF PROJECT SITE: 136 Sunrise Lane, Colington, Dare County, adjacent to the Roanoke Sound Lat/Long: 35.997592' N,-75.702854' W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/22/2019 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete— 02/06/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - Residential (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), & Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — N/A Planned - Bulkhead, pier, platform with tie piles and groin (G) Estimated Annual Rate of Erosion: 2-3 ft/year Source — Applicant's Consultant 7. HABITAT DESCRIPTION: [AREA, square feet] DRFDGED FILLED OTHER (A) Shallow Bottom, Public Trust 2 ±521 ft2 ±712 ft2 (shaded) Area, Estuarine Waters AEC's ±25 ft2 (disturbed) (B) Estuarine Shoreline AEC + ;2�3 ft2 Section 404-wetlands kre A ] ` ±384 ft2 (shaded) w u5kt��� (D) Total Area Disturbed: ±2885 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open to Shellfishing: No RECEIVED FEB 12 2020 DCM-MHD CITY Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct a bulkhead with fill waterward of normal water level (NWL) and USAGE section 404-wetlands, a pier with fixed T head platform and a groin. Proiect Settin The site of the proposed development is addressed 136 Sunrise Lane in Swan View Shores, Lot 42 Section 2, on Colington Island, Dare County, and is adjacent to the Roanoke Sound. The property has a platted size of ±30,294 ft2 (0.70 acres) and contains no man-made structures in the highground. The property had a ±10,390 ft2 section of 404-wetlands located between the highground area and the nearshore area; however, a ±3,533 ft2 area landward of the 75' Estuarine Shoreline AEC was recently filled through USAGE permit #SAW-2019-01593. The remaining ±6857 ft2 section 404-wetlands is vegetated primarily with Phragmites as well as wax myrtle, red bay, marsh hay, and juncus spp. Based on available information, no archaeological sites are on or near this property. The current shoreline is ±85' in length and is eroding due to both adjacent properties having bulkheaded shorelines. The shoreline is unhardened and devoid of any live vegetation and covered in fallen trees and roots. A ±15' strip of non -wetland land exists between NWL and 404-wetlands. An erosion escarpment of ±2' in height was observed at NWL. There are no existing structures on the site or in the proposed project area. The waters of the Roanoke Sound in this area are considered coastal waters and classified as SA with supplemental classification of High Quality Waters (HWQ), which are closed to shell fishing. There is approximately 6.5 miles of open water to the southwest of the property. Water depths in the project area range from ±0.5' to ±2.5' below NWL. The adjacent property to the north is a vacant lot that has a bulkheaded shoreline boat ramp and two groins. The adjacent property to the south is a similar undeveloped lot with a vinyl bulkhead at NWL. Development Proposal In order to prevent further erosion to the site the applicant proposes to stabilize the shoreline through the construction of a vinyl bulkhead. The proposed 88' bulkhead alignment will tie into the bulkheads of both adjacent properties. The proposed alignment will average ±5.9' waterward of NWL with a maximum distance of ±9.12'. Water depths within the backfill area average ±0.5'below NWL and backfill material will be clean sand fill from an upland source. RECEIVED FEB 12 2020 O,CM_MHD CITY Field Investigation Report Page 2 In addition to the bulkhead, a 187'x6' pier with a 20'x8' platform in a 'T" configuration is proposed. A 95' section of the pier will be on land starting in the highground and extending over USACE 404 wetlands, the remaining 92' will extend out to the 20'x8' platform in the waters of the Roanoke Sound. One 12'x12' boat slip is proposed using two tie pilings on the southwest side of the platform where the water depths are >_2' below NWL. Submerged aquatic vegetation (SAV) was not observed growing in the project area due to the time of year; however, the applicant's consultant reported that SAV has been observed in the area but only in water deeper than 1.75ft. A 25' groin immediately to the south of the pier has also been proposed. The proposed pier and platform are similar to other in the area, meet the'/< width rule and do not encroach upon the 15' setback. No further development is proposed within CAMA AEC's Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±521 ft' of the Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of ±9.65 cubic yards of fill material waterward of NWL. • Bulkhead installation will result in±1,243 ft2land disturbance within the Estuarine Shoreline AEC. • The proposed dock facility will result in the cumulative shading of 712 ftz of Estuarine Waters and Public Trust Area AEC's. • The proposed walkway will result in the shading of ±384 ftz of section 404-wetlands • The construction of the groin will result in the disturbance of±25 ftz of shallow water bottom located with the Estuarine Waters and Public Trust Area AEC's. Submitted by: Audy Peoples Date: 02/10/2020 RECEIVED FEB 12 2020 D,,,p wn CITY CAMA Major Narrative 136 Sunrise Lane, Colington Island, Dare County, NC The Project Site is a 0.7 acre parcel owned by Mr. John D. Reekes, III, located at 136 Sunrise Lane, on Colington Island, Dare County (unincorporated), NC. The site is waterfront, located on the Roanoke Sound. In 2002, Quible & Associates, P.C. (Quible) performed a wetland delineation on the subject property for the previous owner. No development had occurred on the property, and in 2019, the property was sold to John D. Reekes, III after Quible performed an updated 404 delineation and applied for and received a Nationwide #18 (SAW02019-0153) and a 401 Water Quality Certification (DWR #03-0221 v2) for a future homesite. In between 2002 and 2019, there had been an extensive amount of shoreline erosion (greater than 40 ft). In the recent past, the neighboring property owners on both sides built shoreline stabilization bulkheads and received general permits for this. In 2019, Quible met with NCDCM field representative, Cynthia Rountree, to discuss bulkheading on the subject property. Due to the proximity to wetlands, it was determined by NCDCM that a CAMA Major would be necessary. Quible consulted with NCWRC who had some preliminary questions about the project and need. While not coastal wetlands, the wetlands in proximity to the Sound side of the property are now much closer to the Sound than they were in the past due to ongoing erosion. The rate of erosion here is very likely exasperated by the fact that bulkheads have already been built on both sides, leaving an unprotected gap at the subject property. During the Nationwide permitting process, we showed a future proposed bulkhead as well as a pier and platform. This is what is currently proposed through the CAMA process, as well as a 25 ft long groin/jetty. The bulkhead is proposed to run from corner to corner of the adjoining properties bulkheads (88 If). This would include filling 521 sq.ft. of waters. In this scenario, no Section 404 wetlands would be filled. The fill area currently has downed trees, small sandbags, roots, etc., and is devoid of live vegetation. One of the photos included shows this location in a lower than normal tide condition with no standing water. When this area is under water, depths are normally less than 0.51t. The neighboring property to the north currently has two 25 ft jetties in addition to a ramp and bulkhead. Based on our experience working along this shoreline, there is a considerable amount of longshore current and sand transport. In general, due to exposure and wind tide fluctuations, SAV does grow in this is area, but it is primarily in the water depth zone of 1.75 to 3.0 ft. Not much SAV grows in shallower waters, but some uprooted SAV may take hold and grow in patches in waters slightly more shallow than 1.75 ft deep. The proposed pier extends 95 ft over land (to cross the wetland area from the future homesite) and 92 ft over water. At the end of the pier is a proposed 20 ft x 8 ft platform with a boat slip and 2 tie pilings. Access to the waters' edge for construction equipment will involve a single row of timber matting. The construction sequence will include bulkhead construction, followed by the groin/jetty and then the pier/platform/slip. Residential construction will occur at some point in the future, but it is important to permit and construct the shoreline stabilization before any more significant erosion occurs. It is not anticipated that any of the home construction will encroach into the 75 ft AEC. Received JAN 23 22.'.7 RECEIVED FEB 12 2020 ELM"EC ,3CM-MHD CITY A*"� April2ntl, 2020 SAV Survey 136 Sunrise Lane, Colington, Dare County, NC I. Introduction The purpose of this report is for Quible & Associates, P.C. (Quible) to provide state and federal regulatory agencies with a review of a Submerged Aquatic Vegetation (SAV) study conducted in the Roanoke Sound immediately adjacent to subject property (Study Area) located on Colington Island, Dare County. The Physical Property (Site) is located at 136 Sunrise Lane, Colington, NC (Exhibit A — Site Exhibit). The April 2"' SAV survey was conducted to examine the substrate of shallow waters for the presence or absence of SAV, and to document the conditions that may relate to SAV habitat: The SAV survey was conducted during the growing season as required by resource management agencies. Generally, low salinity SAV found in this area of the Roanoke Sound prefers low energy shallow water areas where significant photic penetration through the water column to the substrate persists. These species generally go dormant in the winter months as water temperatures decrease and foliage dissipates. II. Methodology The accompanying base map (Exhibit A) includes 2016 aerial photography provided by Dare County, with the study area identified along with water depths. Water depth surveying was conducted throughout the Site on December 19th, 2019. Depths were collected by a survey crew from Quible using survey -grade GPS. Bathymetry collected is shown on Exhibit A, was generated using the data gathered during the survey and AutoCAD to illustrate existing conditions. SAV surveying consisted of a cursory analysis throughout the review area to understand the extent and coverage of SAV. Throughout the area of review, water depth collection, substrate type, and SAV identification (to the extent existing) were performed. III. Findings and Observations On April 21', the winds were moderate (+/- 12-15 mph) out of the NW. Wind tide and precipitation rates resulted in above Normal Water Level (NWL) conditions. This was evident from the adjacent coastal wetlands and water marks on bulkheads along the shoreline. No rooted SAV was encountered within the first 50 to 70 feet of the shoreline. The near shore area is dominated by old fallen trees and their associated root systems (see photos on page 2). These are remnants of an old shoreline that has receded due to high levels of erosion that this area receives from westerly winds. High energy, and existing trees with exposed root systems are most likely the cause of no SAV within this nearshore area. These findings are typical for this region of the Roanoke Sound. In the Peak SAV growing season, it is expected that, this area has a greater abundance of SAV. However, we do not expect the shallower areas (within 70 ft of the shoreline) to have rooted SAV due to common low wind tide events and persistent lapping wave action. The substrate was dominated by sand within the review area. Rooted SAV was found in water depths of one and a half to two feet once past all tress and roots in the water. Exhibit A shows these areas identified with rooted SAV. IV. DISCUSSION and CONCLUSION The findings of this study indicate that the near shore area of the subject property does not support SAV on the date of the survey. High energy, low tide events, and existing trees with exposed root systems are most likely the cause of No SAV within this nearshore area. The 'rippled sand bottom is typical of this area of the Roanoke sound. RECEIVED APR ' g 2020 MP SECTION MI ­ID 5r April 2nd, 2020 SAV Survey 136 Sunrise Lane, Colington, Dare County, NC V. References Aquatic Weeds: A Pocket Identification Guide for the Carolinas, 2012, NC State University Crop Science. Bay Grass Identification Key, 2008, http://www.dnr.state.md.us/bay/SAV/kev/, Maryland Department of Natural Resources. Caldwell, W.S., 2001, Hydrologic and Salinity Characteristics of Currituck Sound and Selected Tributaries in North Carolina and Virginia, 1998-99, U.S. Geological Survey, Water -Resources Investigations Report 01-4097, 36 p. Dare County, 2016, Digital Color Aerial Photography. Seagrass-Watch Percent Cover Standards, 2010, http://seagrasswatch.org. RECEIVED APR q 2020 PIP SECTION MHD �L+jz�,se CAMA SUE PLAN N 136 SUNRISE LANE JAY REE"S RTLINTIC TOWNSHIP WE COUNTY NORM CMOUM m o Quible & Amociates, P.C. y ENLINECRINC•• • CONSYLIING PwH m �G b ENMOWEHTLL SCIENCES • EUIIVETINL•• Bodnar, Gregg From: Harrison, James A Sent: Thursday, April 9, 2020 10:53 AM To: Bodnar, Gregg Cc: Deaton, Anne Subject: Re: [External] RE: SAV Survey Request Good morning Gregg, I've just got a couple follow up questions/concerns. First, the entire project area was not surveyed, despite water depths on the included map being approximately 2 feet at the end of the proposed structure, and the mention of SAV being observed past that 70 ft. line. We would need to see the remainder of the project site surveyed to know where SAV is located in relation to the proposed structure. Second, Section 3 of the report indicates that SAV was included on Exhibit A (which I'm assuming is the map provided), but I didn't see any SAV on the map. Any additional info that can be provided is greatly appreciated. Thanks Gregg! Jimmy Jimmy Harrison Habitat and Enhancement Section NC Division of Marine Fisheries james.barrison@ncdenr..,gov 252-948-3835 0 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, April 9, 2020 9:39 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: FW: [External] RE: SAV Survey Request Morning Jimmy, Please let me know if this satisfies your add info request. Thanks, Gregg April 211, 2020 SAV Survey 7 \ 136 Sunrise Lane, Colington, Dare County, NC Fes+ rL� J I. Introduction The purpose of this report is for Quible & Associates, P.C. (Quible) to provide state and federal regulatory agencies with a review of a Submerged Aquatic Vegetation (SAV) study conducted in the Roanoke Sound immediately adjacent to subject property (Study Area) located on Colington Island, Dare County. The Physical Property (Site) is located at 136 Sunrise Lane, Colington, NC (Exhibit A — Site Exhibit). The April 2nd SAV survey was conducted to examine the substrate of shallow waters for the presence or absence of SAV, and to document the conditions that may relate to SAV habitat. The SAV survey was conducted during the growing season as required by resource management agencies. Generally, low salinity SAV found in this area of the Roanoke Sound prefers low energy shallow water areas where significant photic penetration through the water column to the substrate persists. These species generally go dormant in the winter months as water temperatures decrease and foliage dissipates. II. Methodology The accompanying base map (Exhibit A) includes 2016 aerial photography provided by Dare County, with the study area identified along with water depths. Water depth surveying was conducted throughout the Site on December 19'", 2019. Depths were collected by a survey crew from Quible using survey -grade GPS. Bathymetry collected is shown on Exhibit A, was generated using the data gathered during the survey and AutoCAD to illustrate existing conditions. SAV surveying consisted of a cursory analysis throughout the review area to understand the extent and coverage of SAV. Throughout the area of review, water depth collection, substrate type, and SAV identification (to the extent existing) were performed. III. Findings and Observations On April 2nd, the winds were moderate (+/- 12-15 mph) out of the NW. Wind tide and precipitation rates resulted in above Normal Water Level (NWL) conditions. This was evident from the adjacent coastal wetlands and water marks on bulkheads along the shoreline. No rooted SAV was encountered within the first 50 to 70 feet of the shoreline. The near shore area is dominated a sand substrate and scattered old fallen trees and their associated root systems (see photos on page 2). These are remnants of an old shoreline that has receded due to high levels of erosion that this area receives from westerly winds. High energy, and existing trees with exposed root systems are most likely the cause of no SAV within this nearshore area. These findings are typical for this region of the Roanoke Sound. Sparse patches (-5% coverage) of Ruppia maritima (Widgeon Grass) were observed in waters beyond the 70 ft mark offshore. No beds of SAV were observed between the shore and approximately 70 ft offshore. In the Peak SAV growing season, it is expected that this general area has a greater abundance of SAV. However, we do not expect the shallower areas (within 70 ft of the shoreline) to have rooted SAV due to common low wind tide events, persistent lapping wave action, and the existing trees and exposed roots. Exhibit A shows these areas identified with rooted SAV. IV. DISCUSSION and CONCLUSION The findings of this study indicate that the near shore area of the subject property does not support SAV on the date of the survey. High energy, low tide events, and existing trees with exposed root systems are most likely the cause of No SAV within this nears'RECIMED rippled sand bottom is typical of this area of the Roanoke sound. APR 1 � 2020 MP SECTION 1A ID April 2Rd 2020 SA Survey 136 Sunrise Lane, Colington, Dare County, NC V. References Aquatic Weeds: A Pocket Identification Guide for the Carolinas, 2012, NC State University Crop Science. Bay Grass Identification Key, 2008, htto://www.dnr.state.md.us/bay/SAV/kev/, Maryland Department of Natural Resources. Caldwell, W.S., 2001, Hydrologic and Salinity Characteristics of Currituck Sound and Selected Tributaries in North Carolina and Virginia, 1998-99, U.S. Geological Survey, Water -Resources Investigations Report 01-4097, 36 p. Dare County, 2016, Digital Color Aerial Photography. Seagrass-Watch Percent Cover Standards, 2010, htto://seagrasswatch.ora. REC31EI"W"E� APR t � 2020 A9P SECTION MRT"z 2 _.............. _ _.. \ a? \\ I / \ g � \ C \ G /• g9 4 s u CAMA SITE PLAN s 136 SUNRISE LANE .TAY REEKES •TUNIC TOWNSHIP WE COONTY NOm CWOl1NR y y 10MI! Jill s 1,; 1� oil ro n CNG :ERTIRCATION ref oil Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, April 14, 2020 8:25 AM To: Brian Rubino Cc: Harrison, James A; Deaton, Anne Subject: FW: [External] RE: SAV Survey Request Morning Brian, Please see below for the response from DMF concerning your updated response. DMF has been CC'd in case you have any questions you would like to ask them. Thanks, Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Monday, April 13, 2020 5:32 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: Re: [External] RE: SAV Survey Request Good afternoon Gregg, Apologies for not getting back to you earlier in the day. The updated survey map still doesn't show the actual locations of SAV in relation to the proposed structure (just has a note on the map that past the 70' line stating there's sparse patches covering about 5%). No need to set up any sort of teleconference for this, just need to have the SAV mapped. Thanks Gregg! Jimmy Jimmy Harrison Habitat and Enhancement Section NC Division of Marine Fisheries james.harrison@ncdenr.Qov 252-9+5-3835 Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, April 9, 2020 11:30 AM To: Brian Rubino <brubino@guible.com> Cc: Harrison, James A <James.Harrison@ncdenr.gov> Subject: FW: [External] RE: SAV Survey Request Morning Brian, DMF has a couple of additional questions. Please see below. Thanks, Gregg From: Harrison, James A <James.Harrison@ncdenr.Rov> Sent: Thursday, April 9, 2020 10:53 AM To: Bodnar, Gregg <gregg.bodnar(@ncdenr.gov> Cc: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: Re: [External] RE: SAV Survey Request Good morning Gregg, I have C\C'd DM for the response. 1 I've just got a couple follow up questions/concerns. First, the entire -project area was not surveyed, despite water depths on the included map being approximately 2 feet at the end of the proposed structure, and the mention of SAV being observed past that 70 ft. line. We would need to see the remainder of the project site surveyed to know where SAV is located in relation to the proposed structure. Second, Section 3 of the report indicates that SAV was included on Exhibit A (which I'm assuming is the map provided), but I didn't see any SAV on the map. Any additional info that can be provided is greatly appreciated. Thanks Gregg! Jimmy jimmy Harrison habitat and Enbancementjection NC Division of Marine risheries ja mes.ha rrison@n cc]en r..t;ov 252-948-3835 Email correspondence to andfrom this address is subject to the North Carolina Public Records raw and may be disclosed to third parties. From: Bodnar, Gregg <gress.bodnar@ncdenr.eov> Sent: Thursday, April 9, 2020 9:39 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: FW: [External] RE: SAV Survey Request Morning Jimmy, Please let me know if this satisfies your add info.request. Thanks, Gregg From: Brian Rubino <brubino@auible.com> Sent: Thursday, April 9, 2020 9:15 AM To: Bodnar, Gregg <Rreee.bodnar@ncdenr.eov>; Harrison, James A <James.Harrison @ncdenr.aov> Cc: Peoples, Audy J <Audv.Peoples@ncdenr.eov>; jreekes(@omilubes.com Subject: [External] RE: SAV Survey Request All, Please see attached SAV survey. Let me know if there are any questions or if you would like•to discuss anything. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com iouible.coml C5D LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidentialand/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities -other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Bodnar, Gregg <ereae.bodnarCdncdenr.eov> Sent: Tuesday, March 24, 2020 12:57 PM To: Ireekes@pmilubes.com; Brian Rubino zbrubino@ouible.com> Cc: Peoples, AudyJ <Audv.Peopies@ncdenr.gov>; Harrison, James A <lames.Harrison @ncdenr.gov> Subject: SAV Survey Request Afternoon Mr. Reekes and Brian, \` Per our discussions concerning the request of the DMF for an SAV survey for the property I have placed the project on hold pending the survey and response by DMF. Above I have attached the hold letter and DMF's comments for reference. If you have any questions concerning the contents of the SAV survey please contact DMF (contact info is in the request) and if there are any questions concerning the permit application please do not hesitate to call. Please pass along the SAV survey when complete and I will also coordinate with USACE to update them, as I have not received any reply to date. Thanks. Gregg WQ, Gregg Bodnar Assistant Major permits Coo?tdlga Division of Coastal Management Department of Environmental Quality 252 BBB 2W$ ext 215 (Office) GremBodnaroncdenr. rtov Emailcorrespondertce to and from this address Is subject to the Worth Carofto Public accords taw and may bedhciosed to third portles. 136 Sunrise Lane Photopage Subject Property is in between the two bulkheads; New bulkhead would connect to each corner (straight line) Low tide conditions (subject property and adjacent property To the north) Received JAN 23 2GJ DCM-EC RECEIVED FEB 12 2020 DCM-MHD CITY Received 6 JAN 23 % BK 2332 PG 947 - 949 (3) DOC# 700070467 0` This Document eRecorded: 10/31/2019 04:43:37 PM DMEC 0"Fee: $26.00 Excise Tax: $420.00 �Qare County, North Carolina Oheryl L. House, REGISTER OF DEEDS Dare County Land ,"nsfer No.: 2982-19 Land Transfer Tax: 2099.00 1985 Sessions Law Chapter 670 (HD 215) -\l' .paw nwvc nm uuc i v, ncw,wuy vaw Y DEED This instrumprepared by Robert B. Hobbs, Jr., a licensed North Carolina Attorney Delinquent tat�if any, to be paid by the closing attorney to the county tax collector upon disburserr?ent of closing proceeds No title examination requested of or performed by the preparer of this Deed D4290-1 Return to Charles Excise Tax: Transfer Tax: D.(�Yans, Kellogg $ 00 $2, '00 & Evans, P.A. , P.O. Box 189, Manteo, NC 27954 Tax Parcel: 020904042 LT Number 2982-19 North Carolina, Dare Cou01 n' THIS GENERAL WAR�ANTY DEED made this 27" day of September, 2019, by and between 0 GRANTOR d GRANTEE JAMES E. GORDON, unmarried anD JOHN D. REEKES, III and wife, PAMELA CHRISTIAN J. HAYDINGER, unmarrlee A. REEKES Mailing address: 202 Thompson Stree ; Mailing address: 3401 Oxford Drive, Ashland, VA 23005 Sutherland, VA 23885 WITNEK$ETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has given, granted�argained, sold, and conveyed, and by these presents does hereby give, grant, bargai ell, and convey unto said Grantee, Grantee's heirs, successors, administrators and asss s, all of that certain piece, parcel, or tract of land situate, lying and being in the �yW�D of Kill Devil Hills, Atlantic Township, Dare County, State of North Carolina, and b"ei" more particularly described as follows: `CC 1<1 (continued on the following pak �� submitted electronically by "Kellogg and Evans, PA" in compliance with North Carolina statutes governing recordab a documents and the terms of the submitter agreement with the Dare county Re!i ter of Deeds. RECEIVED 0 Cif FEB 12 2020 DCM-MHD CITY Ur\ LJJL r V JYu LJVl�1F / UVu/ VYuI l� �0 All that certain lot or parcel of land situated in the town of Kill Devil Hills, ON Atlantic Township, Dare County, North Carolina and more particularly `C111 described as follows: t l Being Lot 42 of the subdivision know as Swan View Shores as shown on map or plat entitled in part "Swan View Shores, Colington, Dare County, North Carolina", Q� prepared by Bissell Associates and recorded in Plat Cabinet C, Slide 79A through 79E inclusive, reference to which is hereby made for a more complete and concise description of the land herein conveyed. the same property conveyed to Grantor by Deed filed in Book 1437, 495, Dare County Registry. All portion of the property herein conveyed _ includes or X does not nclude the Mrrary residence of a Grantor. TO HAV AND TO HOLD the above described lands and premises, together with all appurtenances thereunto belonging, or in anywise appertaining, unto the Grantee, Grantee's heirs, successors, administrators, and assigns forever. AND THE SAf1RANTOR COVENANTS to and with said Grantee, Grantee's heirs, successors, ad strators, and assigns, that Grantor is lawfully seized in fee simple of said lands anmises, and have full right and power to convey the same to the Grantee in fee simple, d that said lands and premises are free from anyand all encumbrances, except as a forth herein, and that the Grantor will warrant and defend the title against the lawful cl " s of all persons whomsoever, with the exception of the following: Ad valorem taxes Vffie year 2019 and subsequent years, easements and restrictions of record, and any I, county, state, or federal laws, ordinances, or regulations relating to zoning, emir' onment, subdivision, occupancy, use, construction, or development of the subject property. (continued��fythe following page) RDG!?IVE .10 2 3 7-679 DCM-EC �O \-1` XA` C� 4� �j RECEIVED O Or, FEB 12 2020 DCM-MHD CITY Ur\ GJdL r- V .7-Y.7 L14l/a1r I V V V I V'iV l G IN WITNESS WHEREOF, the Grantor has duly executed this instrument, this the O day and year first above written. Y\\ V'(N GRANTOR: S G (SEAL) J es E. Gordon Received IAN 23 1020 D M-EC ') (CITY) OF 4NOq Ef - 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: James E. Gordon and Christian J. Haydingn Witness my he;rcnd seal this o -day of I-2 kX�"-J 20 Zel . 1' NICOLE M IR A NOTARY PUBLIC r�� COMMONwEALTI OF VIROMIA V MY COMMIBB M E%N S NOV.30, 2022 COMMI9810N • 7M92B d O Affix Notary Seal Inside This Box F:\USERSIKristine\2019\D4290-1 Seller Docs.wpd 090419.0927 "A. V Signature of Notary Public Typed or printed name of Notary Public My commission expires: It ''307-07- �X RECEIVED FEB 12 2020 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: SP rllu r�' Mailing Address: _MVP i —5-w � e o y/ 1f 02 3 r 6 S� Phone Number: SOV- Ir/3 /- /e�' �'Y Email Address: C C� I certify that I have authorized Brian Rubino, Quible & Associates, P.C. Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: shoreline stabilization bulkhead, jetty, pieriplatform, boat slip at my property located at 136 Sunrise Ln., Kill Devil Hills, NC 27948 in Dare unty. I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Print or Type Name Title / I iG 1 doa o Date This certification is valid through 12 I 31 12021 Received JAN 2 3 KiO DIGM-EC RECEIVED FEB 12 2020 DCm-IMHD CITY Quible Quible &Associates, P.C. P0.D�r870 WRy Ha k. NC 27949 ENGINEERING • ENw70NWNW SCIENCES • RANNING • SURVEYING abase: 252491-8147 SINCE 1959 Fm 252d91 -8146 web'. g N..cw CERTIFIED MAIL: RETURN RECEIPT REQUESTED January 16, 2020 Marc & Kassira Jonens 1 Received 140 Sunrise Lane VU Kill Devil Hills, NC 27948 lAN 23 1�7 RE: CAMA Major Permitting DIME 136 Sunrise Lane Colington, Dare County, North Carolina Mr & Mrs. Jorrens: As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes the construction of an 88 LF bulkhead wall and accompanying boardwalk, pier, and platform with boat slip extending into the sound. Should you have no objections to this proposal, please check the appropriate statement on the attached form, sign and date where indicated and return the attached form as soon as possible to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Audy Peoples, 401 S. Griffin Street, Suite 300, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Troy Murphy RECEIVED FEB 12 2020 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to John D. Reekes III s (Name of Property Owner) property located at 136 Sunrise Lane (Address, Lot, Block, Road, etc.) on Roanoke Sound in Colington, Dare County N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above loc iori •\ 1 �, 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Received F v 6 - 2�2B DCM-EC 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 tiie appropriate blank below.) p� I do wish to waive the 15' setback requirement. "7. I do not wish to waive the 15' setback requirement. (Property Owner Information`) —4 Gam— �1 ) �—Signature John D. Reekes III Print or Type Name 3401 Oxford Drive Mailing Address Sutherland VA, 23885 City/Stateli ZSz-a I - &-1 y 7 Telephonjg Number/email address D! 16l20 z,5 Date `Valid for one calendar year after signature' (Adjacent Property gwner Information) Signature* Marc & Kassira Jorr6ns / Print or Type Name 140 Sunrise Lane Mailing Address Kill Devil Hills, NC 27948 City/State2ip 2o3-SrS—�9o3 Telephone Number/email address (ii 12)12020 Date" RECEIVED (Revised Aug. 2014) FEB 12 2020 DCM-MHD CITY Quible Quible & Associates, P.C. ENGINEERING • ENVMNMENTAL SCIENCES - PLANNING - SURVEYING SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED January 16, 2020 Terrance G. Bowser Kimberly A. Edelin 4311 Saint German Court Ashburn, VA 20147 RE: CAMA Major Permitting 136 Sunrise Lane Colington, Dare County, North Carolina Dear sir/madam: P.O. Drawer 870 ally Hawk NC 27949 Fh n .. 252-491-8147 Fmc 252-091-BW web: m4Ile corn Received U2 1 J-1f,1 23 t :] ®CM -EC As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes the construction of an 88 LF bulkhead wall and accompanying boardwalk, pier, and platform with boat slip extending into the sound. Should you have no objections to this proposal, please check the appropriate statement on the attached form, sign and date where indicated and return the attached form as soon as possible to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Mr. Audy Peoples, 401 S. Griffin Street, Suite 300, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Troy Murphy RECEIVED FEB 12 2020 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to John D. Reekes III s (Name of Property Owner) property located at 136 Sunrise Lane (Address, Lot, Block, Road, etc.) on Roanoke Sound in Colington, Dare County N.C. (Waterbody) (Cityrrown and/or County) The applicant has described to me, as shown below, the development proposed at the above locat�io.n-�. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill to description below or attach a site drawing) irReceivcd DCM-F:C WAIVER SECTION 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. )l do not wish to waive the 15' setback requirement. (Property Owner Information) tgnature John D. Reekes III Print or Type Name 3401 Oxford Drive Mailing Address Sutherland VA, 23885 City/state2ip as2-041- (47 Telephone Number/email address 0/i//&170 za Date *Valid for one calendar year after signature* (Adjacent Property Ow!!er-Information) Signature* Terrence G. Bowser & Kimberly A. Edelin Print or Type Name 94311 Saint German Court RECEIVED (Revised Aug. 2014) FEB 12 2020 DCM-MHD CITY ■ Complete Kama 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. In Attach this card to the back of the mallplece, _ or on the front If space permits. _ 1. Article Addressed to: y_ 11MC� 4 }<ASstnA �I OAA+AcS ��S^^UN[1)U .4JJE- 9590 9402 4940 9063 8613 49 2. Article Number (rrensfw hwm service Noel) I ❑ 7019 0160 0000 7951 8992 PS Form 381 , July ■ Complete hems 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front If space permits. _ 1. Artlde Addressed bm 7?22pPIV 02, f111WJVA 43/1) 5Am� �atmAn� Ac hLLAN ✓A III IIII IIII IIIIIII II I I'lll III III III III III 9590 9402 4940 9063 8613 32 2. Article Number (7rensfer from service Nbeq 019 0160 0000 7952 6683 PS Form 3811, July 2015 PSN 763D-02-DDO-0053 ❑ Agent C. Date of Deliver} Is delivery edtlress tlifferent from aem'17 U 7es If YES, enter ddl�pryreQQress below: ❑ No 1�,/�-/1 le/tlf o® Service Restrbted DalNey 0 RgWeed Mall Reebict, CartlEed Mail ReatdcIed Delivery ❑ Retum ROeoealptfor collect on Delivery collect on Delivery Restricted Deivery 0319" Insured Mall ture Cwgrmetionn Insured Mail Reetrlcted Delivery ssom Restricted Delivery Domestic Return Recelpt x I (Oat C � ❑ .�.- Delivery D. Is delivery eddfA9.vQi(fygnt,f(o)n em 17 UYN If YES, enter deliva 3. Service Type ❑ P&ty Mall Express® ❑Adua Slgm1we ❑RegeteredMAN- ❑ ua signature Restricted DaMary ❑ Redstared Mai Rest ole Bed Mail® LM'WY El CMNIed Mao RestrMed DeMey ❑ Retem Receipt for ❑ collect on Delivery Mechantllaa ❑ Collect on Delivery Restricted Delivery ❑ SlgnetureConinnst "' ❑Imsured Ma ❑swatureconemation Return Recelpt RECEIVED FEB 12 2020 ,(W-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director John D. Reekes III 3401 Oxford Drive Sutherland, VA 23885 Dear Mr. Reekes III: NORTH CAROLINA EnYi onmentalQaoaty February 11, 2020 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to construct a bulkhead with fill waterward of normal water level and USACE section 404-wetlands, a pier with a T-head platform and a groin, located at 136 Sunrise Lane, Colington in Dare County. It was received complete on February 6, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 21, 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 February 6, 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 l 13A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the properly 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 lig P-W RECEIVED North Carolina Department of 6iWoneKntal Quality I Division of Coastal Afenag o,,ol FEB 12 2020 Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2SZ264.3901 DCM-MHD CITY John D. Reekes III February 11, 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 Audy Peoples, Field Representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Audy Peoples, DCM, Elizabeth City Brian Rubino, Quible & Associates P.C., Kitty Hawk, NC RECEIVED FEB 12 2020 DCM-MHD CITY V: E� CAMA PERMIT APPLIED FOR PROJECT: to construct a bulkhead with fill waterward of normal water level and USACE section 404-wetlands, a pier with a T-head platform and a groin. COMMENTS HCCEFTED THROUGH Ma.+>Icti �, 2020 APPLICANT: John D. Reekes m 3401 Oxford Drive Sutherland, VA 23885 m v FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Audy Peoples 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 232 ROY COOPER NORI H CAROLINA 6ovemrx Envfronmenfaf QuaIffy MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 leg a ls(oDthecoastlandtimes.net FROM: Ella Godfrey DATE: February 11, 2020 SUBJECT: Public Notice: John D. Reekes III Please publish the attached Notice in the Sunday, February 16, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to 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 RECEIVED D_E � FEB 12 2020��/ North Carolina Department of Enlironmeinal Quality: Division of Coastal Management NIHD CITY Elizabeth City Office 1401 South Griffin Street. suite 300l Elizabeth City, North Carolina 27909 DCM- 252264."SU01 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 02/06/20. John D. Reekes III proposes to construct a bulkhead with fill waterward of normal water level and USACE section 404- wetlands, a pier with a T-head platform and a groin, located at 136 Sunrise Lane, Colington in Dare 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 03/07/20, 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: Sunday, February 16, 2020 N.M W- NoahCarolina Departmentof Environmental Qonlity I Divisionof Coastal Management Elizabeth City Office 1 101 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 RECEIVED FEB 12 2020 DCM-MHD CITY Received From: Permit No.: Applicant's Name: Project Address: NC Division of Coastal Management Cashier's Official Receipt !S 9955(B C D Date: Y 2g L $ �!> U . O Check No.: `-' Y/7 County: QeC Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: / A is Signature of Field Representative: Date: Date: RECEIVED FEB 12 ZOZU DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant: JohN D Qee Ke. $ ,-4.-1-J- Selection Development Type Fee DCM % DWQ % (14300 6601 3351000931625 6253) (24300 1602 435100095 2341) I Private, noncommercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: 11 Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas. Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit 111. 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) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied', III(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 aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) cannot ;]excavation be a liedIV. For development that involves the filling and/or $475 60%($285) 40%($190) of more than one acre of wetlands and/or RECEIVED o en water areas: FEB 12 2020 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet (01232020) Applicant: John Reekes IN Date: 02/102020 Project Site County: Dare Staff.- Audy Peoples District: ®Elizabeth City Washington ❑Morehead City [:1 Wilmington Project Name: Rover File: Date of initial application submittal (EX: 1/&2007): 01/23/2020 Late application 'received as complete' in the Field office (EX: 1/B/2007): OZVd2020 Permit Authorization: EICAM4 ❑Dredge & Fill OBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes EN6 Photos Taken: YesN NoD Setback Required (riparian): []Yes No Critical Habitat: El Yes NNo Not Sure 15 foot waiver obtained.. ❑Yes ®No Hazard Notification Returned. []Yes ❑No SAv.. ❑Yes No ®Not Sure Shell Bottom: ❑Yes ®No Not Temporary Impacts: ®Yes []No Sure Sandbags: Yes ®NO Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP' ®Yes []No [-]Yes ®No Moratorium Conditions: Yes ONO Environmental Assessment Done: ®NA ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salfcomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (S)i) Salt reed grass (Spartina aftemiflora) cynosuroides) El (DS) Salt or spike grass (Disfichhs (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp) spicats) sp.) (JR) Black needleruah (Juncus (SP) Salt/meadow grass (Spartina roemedimus) patens) APPLICATION FEE No fee required - $0.00 lll(A) Private w/D&F up to 1 acre; LJ III(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ 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 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - ll. Public or commerciaUno dredge $100 and/or rill - $400 1. Private no dredge and/or fill - $250 Z III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs RECEIVED DWQ agreement - $400 FEB 12 2020 252-808-2808 :: 1-888-4RCOAST :: www. nc coastal man agement. not DCM-IYIr7LJ & ■'O NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: John D. Reekes I/l Date: O21102020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Acdvides code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Bulkhead (not NWL I New Work Replace 88 1 3 vinyl) Maint ❑ ❑ Y ® N 59 Fill (General) I Now Work Replace 88 20 2.5 Meant ❑ ❑ Y ® N Fill(below NWL) I New Work® Replace 9.65 Maini ❑ ❑ Y ® N Pier I New Work Replace 92 6 Maint ❑ ❑ Y ® N Platform I New Work® Replace 20 8 Maint ❑ ❑ Y ® N Groin I New Work Replace 25 1 Maint ❑ ❑ Y ® N Boat Slip 1 New Work Replace 1 Meant ❑ ❑ Y ON Non -pier I New Work Replace 95 6 Main(❑ ❑ Y ® N New Work ❑ Replace _ Maint ❑ ❑ Y ❑ N New Work Replace Meant ❑ ❑ Y ❑ N New Work Ll Replace Maint ❑ ❑ Y ❑ N New Work Replace Meant ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y [IN New Work Replace Meant ❑ ❑ Y [IN New Work Replace Meant ❑ ❑ Y [IN New Work Replace Meant ❑ ❑ Y ❑ N New Work El Replace Meant ❑ ❑ Y ❑ N New Work Replace Meant ❑ ❑ Y ❑ N New Work Replace Meant ❑ ❑ Y ❑ N New Work Replace Meant ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N FEB 12 2020 revised 02115110 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: John D. Reekes 111 Date' 021102020 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. FL FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount temp, impacts) amount Open Water Dredge ❑ Fill ❑ Both ❑ Other E 712 712 Shallow Bottom 546 546 Dredge ❑ Fla ® Both ❑ Other ❑ Shoreline Dredge ❑ Fill Both [I Other ❑ 88 88 High Ground Dredge El Fill Both Other 570 570 High Ground (No Dredge ❑ Fin E Both ❑ Other ❑ 1243 1243 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Bo6r ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED FEB 12 2020 DCM-MHD CITY 252-808-2808 :: 1-88SARCOAST :: w .necoastslmana8ement.net revised: 02/15/10 ROY COOPER Govemor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director February 12, 2020 MEMORANDUM. NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, INC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(<Dncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: John D. Reekes III Project Location: 136 Sunrise Lane In Dare County Proposed Project: Construct a bulkhead with fill waterward of NWL and USACE section 404- wetlands, a pier with a T-head platform and a groin 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 March 4, 2020, If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext 232) 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 r DoW�Q� RECEMD North Carolina Department of Environmental Quality I Division of Coastal Management CD 1 2 -` Elizabeth Ctty office 1 401 South Griffin Street Suite 300 1 Elizabeth C ty, North Carolina 27909 F 252.2643901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: John D. Reekes III Distribution Date: 2/12/2020 AGENCY ECRO Community Development/LPO Donna Creef DCM Planner Charlan Owens Eliz City US COE: Josh Peletier Community Assistance Lee Padrick (Beaufort Carteret, Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply( Clif Whitfield Marine Fisheries Anne Deaton WARO/ECRO NC DOT David Harris Shellfish Sanitation Shannon Jenkins Sharon Gupton State Property Tim Walton Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Storm water- DWR 401- Samir Dumpor Roger Thorpe Anthony Scarbraugh WRC National Heritage Program Maria Dunn (WARD) Rodney Butler RECEIVED FEB 12 n20 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Shelly & Charles Honeycutt\Maj Comment Distribution Sheet - Honeycutt.docx Revised: 6/29/2018 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C, DAVIS Director January 29, 2020 Brian Rubino Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 Re: John D. Reekes III, 136 Sunrise Lane, CAMA Major Permit Application - Shoreline Stabilization, Pier, Platform and Jetty Dear Mr. Rubino: The NC Division of Coastal Management hereby acknowledges receipt of your application on January 23, 2020, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07.0203. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ A Plan View must be submitted that: - Indicates spot elevations 1. Please include spot elevation values on land in the vicinity of the proposed work ■ When drawings are larger than 11 inches by 17 inches, 26 copies must be provided. RECEIVED 0 6 2020 DCM-MHD CITY North Carolina Department of Environmental Quality I Division or Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 301 1 Elizabeth City, North Carolina 27909 252.264.3901 Brian Rubino January 29, 2020 Page 2 of 2 Documentation of Notification of Riparian Property Owners must be provided. Certified mail green & white receipts were submitted with the application and will suffice for us to process the permit request; however, prior to permit issuance our office MUST receive either signed forms of no objection or the signed and dated green card return receipts. When you receive these items, please submit the originals to our office. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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 Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Audy eoples Field Representative Division of Coastal Management cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Ron Renaldi, District Manager, DCM, Elizabeth City John D. Reekes III, Applicant