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HomeMy WebLinkAbout40-19 MM Baycliff HOAPermit Class MODIFICATION/MAJOR Permit Number 40-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Bavcliff HOA 99 Bavcliff Trail Kill Devil Hills NC 27948 Authorizing development in Dare County ate. to Albemarle Sound, at 150 Baycliff Trail. within Baycliff S/D, in Kill Devil Hills , as requested in the permittee's application dated 1/27/20, including the attached workplan drawings (2) Sheet 1 of 1 dated 1/23/20 and SAV Survey dated 4/28/20. This permit, issued on July 20, 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 tines, imprisonment or crvu action; or may cause me permit to oe nuu anu vunr. Dockin¢ Facility 1) This permit authorizes only the pier, platform, finger pier and high ground walkway, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bayeliff HOA Permit No. 40-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) 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. 5) This permit authorizes a maximum of 1 formalized boat slip at the authorized docking facility. 6) 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. 7) Should the common area the docking facility traverses be sold prior to the construction of the docking facility, the permittee shall understand the new owner must request a permit transfer to the Division of Coastal Management prior to the initiation of construction activities. 8) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. USACE Conditions 9) 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 hU://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. General 10) 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. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) This Major Modification shall be attached to the original Permit No. 40-19, which was transferred to the permittee on 6/5/19, as well as all subsequent renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 13) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. Baycliff HOA Permit No. 40-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps 4f Engineers assigned the proposed project COE Action Id. No. SAW- 2020-00635, issued 7/20/20. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2020-0476. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New .. _ Major Mod -Z.__ Permit# Permit Coordinator: Field Representative: Date Time IlQ dooe II loll' SV g5k 'id 6e 51410 c6c� in o.>/ 6W Giv µk __3WIa �44 4,LNl ,ece,It� . 'lae bt, ).� 5vk 15�w svccf Minor Mod Renewal Transfer Message f-P, Uwe (14 (/lr7 b 10Q 1 G(i.' DCM Coordinator: R2 W�i� Permit #: JL/ i C tor tQ MAILING DISTRIBUTION SHEET �y1 Permittee: ��C�F k�'i�f �O 160L%y JIV' ty `79 36-1 f mt � Ka 'litAW514c Agents: lylr.Sco CSGo J k4�i'af. Coves ✓ t:w*✓ ZM& DCM Field Offices ✓^^ `� Elizabeth City Kpp ra^ Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) esh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) `Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov V 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 Gwny y4� r t Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: DoNoa CIF (NCDOT) Travis Wilson NOWLI APPLICATION for MAP z 4 2020 Major Development Permit DIME (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Baycliff Homeowners Associations Applicant 1: First Name MI Lest Name 1 Anthony Applicant 2: First Name MI DlMatteo Last Name Iver t1 Rebecca Scott If additional applicants, please attach an additional pep(s) with names fisted. Mailing Address --_- ---- PO Box City State-_-1 99 Baycliff Trail KIII Devil Hills NC Zip Country Phone No. FAX No. 27948 USA 410 - 703 - 5632 ext. Street Address (if different from above) City State ZIP 150 Baycliff Trail KIN Devil Hills NC 27948- Email Iver.scott@scottvaluation.com 2. AgentlContractor lnformadon Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name v MI Last Name George H. Wood Agent/ Contractor 2: First Name MI Lest Name Melling Address PO Box city state 330 Kill Devil Hills NC ZipPhone No. 1 Phone No. 2 27948 252 - 441 .0239 ext.105 252.423 -1234 ext. I FAX No. Contractor # Street Address(ifdifferenr from above) City state ZIP 1404 S. Virginia DareTrail KID Devil Hills NC 27948. Email obxwood@yahoo.com <Form continues on back> RECEIVED APR 06 2020 DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) Received APPLICATION for Map 2 4 2020 Major Development Permit 3. Project Location DGM-EQ County (can be multiple) Street Address State Rd. # Dare 150 Baycllff Trail Subdivision Name City Kill Devil Hills FZip 27948 - Phone No. Lot No.(s) fNmany, attach additional page with liar) 424 - 355 - 5346 ext. 150, 1 , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle 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, RNstural ❑Manmade ❑Unknown Albemarle Sound s, Is proposed work within city limits or planning Jurisdiction? I. If applicable, list the planning jurisdiction or city llmk the proposed RYes ONO work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.IQ +/. 1,214 645,999.156 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or +/- 2.000 sq. ft., NWL (normal water level) (If many lot sizes, please attach additional page with a list) 10 ❑NHW or ®NWL e. Vegetation on tract Live oaks, pine trees, landscaping plants, red cedar, sweet and red bay (Lot 150). Landscaping plants and Phragmltes australis, Juncus roemerianus (remainder of waterfront). f. Man-made features and uses now on tract Single-family residences, breakwaters, mooring pilings, mooring buoy, piers, boat lifts, gazebo, swimming pool, boat ramp, wastewater system g. Identify and describe the existing land uses adlacen to the proposed project site. residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? residential (Attach zoning compliance certificate, if applicable) ®Yes ONo ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes RNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yee ONO ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes RNo ❑NA National Register listed or eligible property? Form continues on next page> RECEIVED 2020 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) Received APPLICATION for MAp 2 4 7020 Major Development Permit m. (i) Are there wetlands on the site? D C N /�i-f-- C ®Yee []No (II) Are there coastal wetlands pn the site? 1i IVI L ZYes ❑No (fit) If yes to either (I) or (it) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. central wastewater o. Describe existing drinking water supply source. municipal p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commerclal ❑PubIIGGovernment ®Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed pier, deck, and jet skilboat lift are for the private use of the co-applicent, Iver and Rebecca Scott. 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. Poles will be jetted In, hand tools for decking d. List all development activities you propose. pier, "lee" head, jet skilboat IUt e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 6' wide walkway 330 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public exessway or other area ®Yea ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the stale. none I. 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. Own continues on back> RECEIVED 1. . 6 2020 L)CM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & Additional Information In addition to this completed application loan, (MP-f) the tollowing items below, if applicable, must be submitted in order lot the application package to be complete, items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. e. A project narrative. b. An accurate, dated work plat (including plan view and cross•sectlonal drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, cleady 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 addressee 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 certlfied 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 Shingle Landing of Colinglon Corp Phone No. Address P.O. Box 785 • Niwot, CO 80544 Name George & Lynda Wood Phone No. 252A41-0239 Address 224 Colington Ridge, Kill Devil Hills, NC 27948 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract, Include permit numbers, permittee, and Issuing dates. McQueen (exemption) Hanson (exemption) CAMA Major Dev Permit a40-19-Boycliff HOA Baycllff Homeowners Association (exemption) (See Attached) It. Signed consultant or agent authorization form, If applicable. I. Weiland delineation, If necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. if the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit Issued In response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained In the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the Information provided in this application is truthful to the best of my knowledge. Date 1-27-20 Print Name /QGeorge H. Wood Signature '&///V�1/ Please Indicate application attachments pertaining to your proposed project. RECEIVED ODCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information APR 06 2020 DCM-MHD CITY r ecefved Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) MAP 2 4 79K 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/madna: b. (1) Will the facility be open to the general public? ❑Commercial ❑PublictGovemment ®Private/Community, ❑Yes ®No c. (1) Dock(s) andlor pler(s) d. (i) Are Finger Piers included? l]Yes .0040 (II) Number 1 If yes: (ill)Length 100 (it)Number _)_ 1LAa, IN) Width 6 (lit) Length ae yl;'>o v) Floating ❑Yes ®No (lv)Width 3 - (v) Floating Oyes K)No e. (1) Are Platforms included? OYes ONO f. (I) Are Boatllfts Included? HYes ONO If yes: If yes: 1 (11) Number P,! tFry (II) Number 1 '� (tit) Length 2 *< ta' t1 �� (Ili) Length 14 (iv) Width 2S I N 13I (Iv) Width 14 (v) Floating ❑Yes ®No Note: Rooted areas are calculated tram rinpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift end/or rail, repair or (II) Number of Slips existing maintenance service ❑ Dockage, fuel, and marine supplies 0 ❑ Dockage ('wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 21 In. (1) Will the facility have tie pilings? []Yes ®No (it) If yes number of tie pilings? J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). let ski/open runabouts 1. (1) Will the facility be open to the general public? RECEIVED []Yes ONO APR 06 2020 DCM-MHD CITY Z DOCKING FACILITY/MARINA 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 Received ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. pp� �v M- l C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of `No Sewage Discharge" signs proposed. (li) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Woke" signs proposed. _ L Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECENED m. Is the marinaldocking facility proposed within a primary or secondary nursery area? APR 06 2020 ❑Yes ❑No -!IAHD CITY n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? Dyes ❑No o. Is the marinaldocIdng facility proposed within or adjacent to coastal wetlands/marsh (C W ), 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 Else OWL ❑None p. Is the proposed marine/docking facility located within or within dose proximity to any shellfish leases? ❑Yea ❑No If yes, give the name and address of the lesseholder(a), and give the proximity to the lease. 3. BOATHOUSE (including covered Oft) ®This section not applicable a. (1) Is the boathouse strueture(a): ❑Commercial ❑Public/Government ❑Private/Community (it)Number _ (ill) Length IN) Width _ Note: Roofad areas are calculated from ddpiVis d/mans/ons. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number _ (it) Length _ (lii) Width 5. BREAKWATER (e.g., wood, sheelpfte, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NNW, NWL or wetlands 6. MOORING PILINGS and BUOYS 0This section not applicable a. Is the struclure(s): ❑Commerotal ❑PubllclGovemmenl ❑Private/Community c Distance to be placed beyond shoreline _ Note: This should be measured tram marsh edge, if present. e. Arc of the swing i. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) Receive&'c"v" MAP 24 2020 APR 06 ZOZO DCM.MM-MHD CITY a. Proximity of structure(-) to adjacent riparian property lines 350 feet (north) 860 feet (south) Note. For buoy or mooring piling. upe arc of swing Includmil length of vessel. c. Width of water body 6.49 miles e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (it) If yes, explain what type and how they will be Implemented. b. Proximity of struchse($) to adjacent docking facilities. 22 feet d. Water depth at waterward end of structure at NLW or NWL .3 & OTHER ❑This section not epp/—/C8; a. Give complete description: A 6-foot-wide walkway will extend from the lower deck of the house to the pier. January 27, 2020 Date Baycliff HOA Project Name George H. Wood (Agent) Appllc t Nam e 77- ✓ A Apolcant Slgnalure Received Meo 2 4 2020 UMEC RECEIVED APR 06 2020 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Baycliff Homeowners Associations COUNTY: Dore RECENED PROJECT NAME: Iver Scott Pier APR 06 ZOS LOCATION OF PROJECT: I50 Baycliff Trail DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-2420 DCM_WD CITY FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Aady People DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date !y 3/1 ;i.Q! B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 # . APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 4-8-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 6-7-20 EMAIL OUT DATE: 4-&20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 4-28-20 DEED REC'D: Yes / / I50 DAY DEADLINE: �! u ( w STATE DUE DATE: 4-27-20 AGENCY tr TIONS: NO NOTES DCM — Field Rep DCM - LUP Consistency Determination f Local Permit Officer Corps of Engineers —Regulatory Branch Z tip 7OZ j --VQ(, W rPfAI.41 DWR-401 Section `/S j0 ZCtO DWR— Public Water Supply u Ir jJ DEMLR — Stormwater Y Ck DEMLR— Sed and Erosion ZO X DOA — State Property Office 413170 Wildlife Resources Commission DMF — Shellfish Section V Tv PC DMF — Habitat & Enhancement to 1( DNCR — Archives & History s'$ Lp IL DNCR — Natural Heritage Program NCDOT r— NC Dept of Commerce Q �j �K bS f� ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 111t*1 [11)I7110 11110� TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager P.A1.91, FROM: Audy Peoples, Field Representative DATE: April 17, 2020 SUBJECT: Bay Cliff HOA —150 Bay Cliff Trail Major Permit Recommendations The applicant proposes to construct a boatlift, pier, T-head platform, finger pier and walkway from the pier to the residence. The site of the proposed development is located at 150 Bay Cliff Trail, Kill Devil Hills, Dare County, adjacent to the Albemarle 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 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, RECEIVED APR 2 8 2020 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CI ITiV Elizabeth City Office 1 401 South Griffin Street. Suite 301 1 Elizabeth City. North Carolina 27909 �I Gregg Bodnar, Assistant Major Permits Coordinator Bay Cliff HOA Major Permit Recommendations April 17, 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, subparagraph (6) Piers and Docking Facilities pertains 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. L� Gregg Bodnar, Assistant Major Permits Coordinator Bay Cliff HOA Major Permit Recommendations April 17, 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); The proposed pier and docking facility will increase the cumulative shading to 1960 ft. 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. APR 2 S 2020 15A NCAC 07H.0209 Coastal Shorelines DCM-MHD CITY (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 Bay Cliff HOA Major Permit Recommendations April 17, 2020 Page 4 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. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Bay Cliff HOA Major Permit Recommendations April 17, 2020 Page 5 (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 Bay Cliff HOA for RECEIVED development as proposed. APR 2 8 2020 DCM-MHD CITY wx RTH (IMCLIM ratan^, :a; Qsciib April 6, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 4110 Commerce Ave., Morehead City, NC 28557 FaX 252-2473330 (Courier Q4-76-33) area a. bodnarO neden r.vov SUELIECr_ GA69A Pem itApphcafion Review Applicant• Pointe Bogue POA Project Location: Core Cove Dr, Emerald Isle, Carteret County Proposed Project- Expand docking facility by adding 5 frnger piers ROY- COOPS& ZMICHAEI. S. REGAN C c rrs� BRAXTON` DAVIS JJUMC a.&.a(miof(Iwrd , A%=gr� Please indicate below your agency.9 position or viewpoint an the proposed project and Mum this form to Greoa Bo at the address above by April 27, 2020. ff you have any Questions regarding the proposed project, contact Ryan Davenport (252) 868-2803 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 an 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. AIIINT NAME Lee Padrick �l6l�iCY DATE NC Commerce ;(L F 4/9/20 APR 9 2020 o r _ ROY COOPER aavernar MICHAEL S. REGAN Secretory BRAXTON C, DAVIS Director April 6, 2020 MEMORANDUM: NORTH CAROLINA Environmental Qualtty 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) areambodnaraOncdencaoy SUBJECT: CAMA Application Review Applicant: �� Baycliff Homeowners Association Project. Location: , 150 Baycliff Trail in Dare County Proposed Project: Construct boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by April27, 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. f�"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 mare incorporated. See attached. This agency objects to the project for reasons described in the attached AGENCY frPlc SIGNATURE �( DATE DEW RECEIVED APR 6 2020 MP SECTION MH® North Carolina Department of Environmental Quatlly I Dividend Coastal Management Ellzabethaty Orfice,1 401 South Grlrnn5treet, Suite 3001 EI@abethClty, North Carallm 27909 2522643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 6, 2020 NORTH CAROLINA EhWronmenta/Qual/ty 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) o regg. bodnaKftoclenr.aov SUBJECT: CAMA Application Review Applicant: Baycliff Homeowners Association Project Location: 150 Baycliff Trail in Dare County Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by April 27, 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. 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 C Zinn AGENCY NCDMF Shellfish Sanitation RECEIVED SIGNATURE for Shannon Jenkins DATE 4/6/2020 APR 6 2020 NIP SECTION MHD DQ� North Carolina Department of Environmental Quality I Dhlston of Coastal Management Elizabeth City Office. 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.2643901 Governor ,...: 1rneHASI: s,a�tiel BRAXWN.d. DAVIS. 'aiecmr April 9,.2020 .MEMORANDUM:. FIRM G'agg Bodnar, Assistant Major Permits Coordinator ,NCDEQ - Divieloh of Coastal Management 400 Commerce Ave., Morehead City„NC 28557 Fax: 252-247-33W(Comd4r 04-18:3M itingg.bodnar ncdenrddv SUBJECT: CAIWQ ApplrcaGQrt Review Appilcant, Baycliff Homeownem-Associadon Project Location: ISO Boycliff.Trall in Daro'County Proposed project: Constructs boatlikt pier with a .Dead -platform, tinder plar and waikWay' from the. pier to the residence. Please indicate below your`agency's position or viewpoint on the proposed project and retdm M& form to Gman Bodnar at the address above by April 27, 2020. If you have any: questions. regaiding.the proposed projeot,'contoct.Audy Reopias (252 2643901, ext 232) when appropriate in -,depth aotfirriantsmith.supporting data is requested. as proposed: This agency has no comment on the proposed project. _ This:agency approves of the project only if the recommendedchanges are incorporated'. See attached: This.agency objects to the project for reasons described In the attached X Set_ comments. 00111'NAME: C-t-4a-t2i.�r-tit G1NEF►S AGENCY tJ cD o M SIGNATU DATE D Q RECEIVED APR 1 .4 2020 AAP SECTION MHD North Cara&taDepaMent ofFiMtonm Vd Quality'IDtvtsl6tlofCoasfal.Mutagmietrt- ElhahethCty 0ffke 1 401SoutjtGtllM &ree.6 Su1te�00 1 Elhahet iChy, Nmrh CatoAnd:27909 .. .,x�.�64390t ROY COOPER Governor IWCHAEL S. RECAN .. secretary BRAXTON C. DAMS.. Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM Charlan Owen iCP, NE District Planner Division of Coa tal Management. SUBJECT: Major Permit Request by the Baycliff Homeowners Association and Iver Scott to install a 6 foot wide by 100 foot long pier with a 12 foot by 12 foot terminus T-head platform, and a 3 foot wide by 28 foot long L-shaped finger pier and a 14 foot by 14 foot boatlift on the Albemarle Sound and construct a 6 foot wide by 100 foot walkway on the Baycliff community common area and 150 Baycliff Trail, on Colington Island, in Dare County. DATE: April 13, 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 subject properties consist of the Baycliff Homeowners Association's 14.83 acre common area which has approximately 1,214 linear feet of shoreline along the Albemarle Sound and the 1,800 sq. ft. house lot at 150.Baycliff Trail that is located approximately 40 feet to 50 feet from the shoreline. Water depths in the sound range from -.5 feet at the shoreline to -3 feet approximately 120 feet from the shoreline. The properties have an elevation of approximately 10 feet above Normal Water Level (NWL). Shoreline common area and a portion of the house lot are in the AE (8) Floodzone. The Baycliff community consists of approximately seventy-two (72) single-family residential house -only lots surrounded by common property controlled by the Baycliff Homeowner's Association. Existing site improvements consist of a gatehouse, roadway, single-family houses, driveways, a clubhouse and a swimming pool. A two-story elevated house with parking underneath and associated deck area is located on the lot at 150 Baycliff Trail. Existing shoreline improvements consist of a community fishing pier with a terminus platform and gazebo, four (4) additional piers with terminus platforms, a boat ramp, twelve (12) breakwaters, a mooring buoy, four (4) tie pilings, and five (5) bird nesting poles. CAMA General Permits were issued for the shoreline improvements. A yet -to -be built docking facility for the property at 134 Sally Crab Court is authorized through CAMA Major Permit #40-19. RRECEIVED 66ddL�PPyII APR 1 4 2020 North Carolina Department ofEnvimnmental Quality I Division of Coastal ManageoLgP SECTION PAHD Elizabeth City Office 1401 South Griffin Stree4 Suite300 I Elizabeth City. North Carolina 27909 252.2643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 3 Installation of a 6 foot wide by 100 foot long pier with a 12 foot by 12 foot terminus T-head platform, a 3 foot wide by 28 foot long L-shaped finger pier and a 14 foot by 14 foot boatlift and construction of a 6 foot wide by 100 foot walkway extending from the pier and across the common area to the lower deck of the house are proposed. The waters of the Albemarle Sound in this area are designated as SB and are closed to shellfishing. There appear to be no known areas of archaeological sites on the properties. There were no SAVs noted in the project area at the time of the field investigation site visit. Anticipated Impacts resulting from this project are expected to include: the shading of 828 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 600 sq. ft. of Public Trust/Estuarine Shoreline AEC. 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#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individu RECEIVED APR 1 4 2020 FOP GIECTION MH® North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 protection/management strategies should be implemented to 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 under the CAMA program..." 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." APE 1 4 2020 ROY;COOPER icovenloo; MICHAELS:BEGAN' - BRAXTON C:DAvis Director ' - "`" _ April6,; 2020' MEMORANDUM: NORTH CAROLINA t}1Wronmenfa(Qaa(fty FROIIA: -Gregg Bodnar, Assistant Major Permits Coordinator NCDEO- Division of,Coastal.Management - 400 Commerce Ave., Morehead City, NC 28557 Fax:, 252-247-3330 (Courier 04.16.33) gregn.bodnar(Qncdenr:aov SUBJECT: CAMA Application Review Applicant: Bayctiff Homeowners Association Project Location: 150 BaycllHTrail In Dare County Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the'restdence. Please indicate below your agency's position or viewpoint on this proposed project and: return this form to Grego Bodnar at the address above by April 27, 2020. If you have any questions regarding the proposed project,, contact Audy Peoples (252-26443901, ext. 232) when appropriate, in- depth Comments with supporting data is requested. K ' 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. PRINTNAME0t1�'trtPb� :AGENCY /IER�5 SIGNATURE. BATE' 1111-L ? D: RECE F9 E® APR 1 9 2020 Wf1P SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street.Sulte 9001 Elizabeth City, North Carolina 27909 252.2643901 Bodnar, Gregg From: Moore, Bill Sent: Wednesday, April 15, 2020 2:44 PM To: Bodnar, Gregg Subject: CAMA Major Applications - sw reviews Hey Gregg, Based my review of the following CAMA Major Applications, a stormwater permit will not be required for these projects at this time. I have documented the following stormwater exemptions for our files. Please advise if you have any questions. 1) Gary Kayye & Anne Morgan—Currituck County 2) Wilbert & Donna Watson — Pasquotank County 3) Baycliff HOA —Dare County ROY COOPER Governor MICHAELS.REGAN Secretory BRAXTON C. DAVIS Director, Ct-)0.C, .o.I.tc► April 6, 2020 �ApB 262� MEMORANDUM: r„;yft�1`i +�Q•%I'ityu. �f�l Sa FROM: Gregg odi AssistantMajorPermits Coordinator ��1�9�fiY e NCDEQ Coa 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) g reg%bodn arAncdenr.gov SUBJECT: CAMA Application Review Applicant: Baycllff Homeowners Association Project Location: 150 Baycllff Trail in Dare County Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. 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 April 27, 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 mA lH 1 _ zxnn AGENCY N'U,12C- SIGNATURE DATE RMECEWED APR 1 4 2020 MP SECTION MHD North Carolina Department of rndronmental Quality I Divlslon of Coastal Management Elizabeth City Woe 1401 South GrlffInStreet, Suite 3001 Enzabelh City. North Carolina 279D9 252.264.3901 ROY COOPER aonnnx 14CHAEL S, REOAN switafy BRAXTON C DAVIS orrcew April 6, 2020 FROM: .Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NO 28557 Pax: 252-247-3330 (Coagrier 64-16-33) g�jy.lwdnerfdincdenr,ov SUBJECT: CAMA Application Review Applicant: Baycllff Homeownom.Associadon Project Location: 150 BaycllH Trail in Dare County Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. Please indicate below your agency's position or viewpoint on the proposed project and reMm this form to Grotto Bodnar at the address above by April 27, 2020. If you have any questions regarding the proposed project, contagt AUdy Peoples (252-264-3801, a*. 232) when appropriate, in- depth comments with supporting data Ia 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 0 a 4»616- 9; ( I -I a-cl AGENCY 67aru n .c-[lA'2L sj , SIGNATURE bL)aA0t15' �OL) RECEIVED DATE ✓ 3��2d 2b APR 2 d 2020 4: 9W MP SECTION I'd6HD North CamUni Rauh n mofftfrw tOQNUW I MloncfCOUWMMW-Cenr EmabethOW00ee I4015pWhGtft t W,$he300I r17abtthC1ty;Nw&Qm na27909 2SU"W01 Received: 4/29/2020 Historic Preservation Office ROY COOPER Governor MICHAEL S. REGAN seardary BRAXTON C. DAVIS Director April 6, 2020 NORTH CAROLINA £nvironmental Quallty ER 20-0837 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) c rec g. bod n a r(ft ed e n r. o ov SUBJECT: CAMA Application Review Applicant: Baycliff Homeowners Association Project Location: 150 Baycliff Trail in Dare County Due: 5/7/2020 M Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. 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 April 27, 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 Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE �,o )99.aL - Q MENNEWWO1 MAY 6 2020 rVIP SECTION MHD North Carolina Department of Environmental Quality I Dh9slon of Coastal Management ElVabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 6, 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 (Courier 04-16-33) nreaD. bodnar(@ncdenr.00v SUBJECT: CAMA Application Review Applicant: Baycliff Homeowners Associatlon Project Location: 150 Baycliff Trail in Dare County Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by April 27, 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. _ X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE°e �OiLLaB� DATE 04/22/2020 D_EQ� RMINVICtol APR 2 2 2020 PAP SECTION MHD North Carolina Department of Environmental Quality I DMslon of Coastal Management Fizabeth City Office 1401 South Griffin Street. Sulte300 I Elteabeth City, North Carolina 27909 7522643901 -v ROY COOPER Governor MICHAEL S. REGAN secretory STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: 150 Baycliff Trail, Dare County DATE: April 22, 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 150 Baycliff Trail in Dare County. The applicant is proposing to construct a 14' by 14' boatlift, a 100' by 6' pier with a 12' by 12' T- head platform, 28' by 3' finger pier, and 100' by 6' walkway from the pier to the residence. The proposed project is in an area with a historical record of submerged aquatic vegetation in waters classified as SB. 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 permit application. The Division would request that a survey for SAV be completed during the active growth period. While May through August is preferred, the survey could be completed in April, due to the mild winter. Due to the historic record of SAV throughout the project location, this information is necessary in order to determine potential impacts to SAV as a result of the proposed project. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonancdenr.gov with further questions or concerns. Thank you for consideration of our comments. RECEIVED A P R 2 2 2020 State of North Carolina I Division of Marine Fisheries MP SECTION M E a 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 ROY COOPER Coventor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director April 6, 2020 MEMORANDUM: NORTH CAROLINA EnvtronmentalQuaf ly FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04.16-33) greaa. bodnar(Wncdenr. Qov SUBJECT: CAMA Application Review Applicant: Baycliff Homeowners Association Project Location: 150 Baycliff Trail in Dare County Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gress Bodnar at the address above by April 27, 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 James Harrison AGENCY /NrDMF RECEIVIE® SIGNATURE° f�1 QiLLGd9Il' Ff DATE 05/12/2020 MAY 1 3 2020 D_EQ� MP SECTION EI HD North Carolina Department ofEmOronmental Qltaihy I Dlvlslon of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth cey, North Carolina 27909 252264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: 150 Baycliff Trail, Dare County DATE: May 12, 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 150 Baycliff Trail in Dare County. The applicant is proposing to construct a 14' by 14' boatlift, a 100' by 6' pier with a 12' by 12' T- head platform, 28' by 3' finger pier, and 100' by 6' walkway from the pier to the residence. The proposed project is in an area with a historical record of submerged aquatic vegetation in waters classified as SB. Additionally, the SAV survey provided to DMF shows that the proposed structure would be positioned directly over SAV. 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. Measures should be taken in order to minimize impacts to SAV habitat. First, any support component (e.g. pilings) should not be installed in SAV. Second, board spacing should be at least 1 inch, specifically for portions of the pier that will result in shading of SAV. The wider spacing will allow more light to reach the SAV than traditional spacing. Additionally, a vibratory hammer should be used in place of pile jetting, as this installation method causes less of an increase in turbidity during installation. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrison@ncdenr.gov with further questions or concerns. Thank you for consideration of our comments. MAY 1 3 2020 State of North Carolina I Division of Marine Fisheries A0 SECTION MHD 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director NORTH CAROLINA Environmental Qpalfty June 15, 2020 Baycliff Homeowners Associations ATTN: Mr. Anthony DiMatteo and Mr. Iver and Mrs. Rebecca Scott 99 Baycliff Trail Kill Devil Hills, North Carolina 27948 RECEIVED JUN 1 5 2020 MP SECTION MHD DWR Project # 2020.0476 v1 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 150 Baycliff Trail - construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. Dear Mr. DiMatteo, and Mn and Mrs. Scott: 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 April 07, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed 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 Approved Amount Approved Plan location/ (units) (units) Reference Attached Permanent Temporary Open Waters OW1- boat lift, piers 0.02 (acres) 0 (acres) Plan Sheets 1 ' �'�ritf.Si:IIQi�llH4tI�3TiTF_iHdil The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] 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)(0] 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [35A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 026.0200]. 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; D _E Q� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional OfRce 1943 Washington Square Mail I Washington, North Carolina 27889 ��a�� 251946.6481 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. 5. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] 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 athUp,//www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy alongwith any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, 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. Mailing address for the OAH: //'sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 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,up llingerPricdenrgo_vifyouhaveanyquestionsorconcerns. Sincerely, Row T"4" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Mr. Iver and Mrs. Rebecca Scott (via e-mail: Iiver.scottfalscottvaulation.com) Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Andy Peoples, DCM Elizabeth City (via e-mail) Laserfiche/DWR file copy RECEIVED JUN 1 5 2020 LIP SECTION MHD 1 ._.�_... t PROPOSED `. �J WALKWAY Amp DOS71NG 4' fta/ \ WALKWAY <tm rotsnan ua \ V/ d / 12'x 12' APPRO%. &iFAxWAftB / im tap-7 `w fz., HEAD PROPOSED SHORELINE (NWL) CLOT t�e> i — STAIRS (TTP) AP L/ E O+trU { ipr w> . ^\\ PROPOSED PROPOSED 3k 28' ��t' .',� /^\ /nT t]e/ •�T SKI & WALKWAY \ T's// `] / PROPOSED IMPROVEMENTS AT ®p mmrimv. �\ \ 11Df 157, R D051IX BEAI(WA7ER _65. \l �.fA, /�\ vppO.f�W81� ROT FOIR IQ \ O6/05 �20 aMOORPID )"pm-�r� �rd \ �/l m�2020-0476v1 BLror ♦ i' BDOSMOA ,1 �, `a�YcuFF HoMEowNERs OmtmD P¢R PIm ®ffAKWA7EA bQ BAYCUFF TRL � 2W. 7tE \ KILLEVIL HILLS, N.C. tip twug PaE�•� 27948 AT RAMP / /f7 AO •'• ( LOT 144> BOf •. �N10 PIER ramalmtu. 4 1\\ CLOT W> / V,'e VICINITY MABREWWAM ..ALBEMARLE P= 50 - SOUND txaAxWAfot Im 1=> Received Exsw ,21IV E ItD10 ,�-• '� 11aM 2410Y0 qq)((+IILL IIII C^ BOAT LLFT / PROPOSED PIER 1 \l1 180! BOAT LFT/ oosnrlD PM74 1 I /^ BOAT SUP k \ lOf lw> PROJECT NOTES: ,r.IV TM HEAD �v/ /� PROPOSED TEEHEAD- 144 S.F. ..•.. • /LED 7w� PROPOSED PIER- 600 S.F. \ PROPOSED WALKWAY- 84 S.F. TOTAL EXISTING TEEHEAD PLATFORMS- 1.732 S.F. � TOTAL PIERS 4,908 S.F. TOTAL PIERS AFTER WRREM PERMIT- 5,505 S.F. BREAxWATFA A l' o ��• TOTAL TEEHEAD AND WALKWAYS AFTER CURRENT PERMIT- 1.960 S.F. \ ' G, �°• 0 W iw zm� l o457xo . ORAPIRC SCALE Y = 100' IV. 14ICE HEAD ^^' PROJECT OVERVIEW ,•_ 10C CAMA AYCLIF) HOMEOWNERSTAPPLICATION COTT Regulatory Division SAW-2020-00635 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: RECEIVED JUL 2 0 2020 MP SECTION Bcl HD Reference the application of the Baycliff Homeowners Association to construct a 100' x 6' pier with a 12'xl2' T-head platform, a 28'x3' L-shaped finger pier, a 14' x 14 boatlift and a 100' x 6', located at 150 Baycliff Trail, adjacent to the Albemarle Sound, in Kill Devil Hills, 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 RECEIVED J U L 2 0 2020 MP SECTION MH® maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terns 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 I I3A 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 waters, are not considered significant. 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.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mr. Ian McMillan 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 Sincerely, io Pelletier Regulatory Project Manager RECEIVED JUL 2 0 2020 rol? SECTION rAHD U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management J U L 2 0 2020 RV SECTION WD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Major Modification to Major Permit #40-19 APPLICANT'S NAME: Baycliff Homeowners Association; Iver Scott 2. LOCATION OF PROJECT SITE: 150 Baycliff Trail in the Baycliff subdivision, which is within the Colington District outside of the town limits of Kill Devil Hills, Dare County, adjacent to the Albemarle Sound. Latitude: 36.0001340 N Longitude:-75.7064890 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 03/24/2020 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received Complete — 03/24/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — R-3 Residential (B) AEC(s) Involved: CW, ES, PTS, EW & PTA (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Central Wastewater Planned - n/a (F) Type of Structures: Existing — Gatehouse, gazebo, clubhouse, swimming pool, piers and platforms, lifts, boat ramps, breakwaters, tie pilings/bird poles, single family dwellings Planned - Pier, T-head platform, boatlift, L-shaped finger pier, walkway (G) Estimated Annual Rate of Erosion: n/a Source — n/a HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Estuarine Waters/Public Trust Shaded: Area ±828 ft2 (B) Estuarine Shoreline/Public Shaded: Trust Shoreline ±600 ft2 (D) Total Area Disturbed: t1,428 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Closed to Shellfishing RECEIVED APR 06 2020 (3CM-MHD CITY Baycliff Homeowners Association, Iver Scott Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a boatlift, pier, T-head platform, finger pier and walkway from the pier to the residence. Proiect Setting The development site is located at 150 Baycliff Trail in Baycliff subdivision, which is Colington District outside of the town limits of Kill Devil Hills, in Dare County. BayCliff Homeowners Association (HOA) is a 14.83-acre private community with approximately 72, 2,000 ft2 lots dedicated for single-family residences. The residences are surrounded by Association common property, which include a gatehouse, fishing pier, gazebo, clubhouse with swimming pool and boat ramp. The property has an elevation of approximately 10' above normal water level (NWL). The common area also includes 1,214-foot shoreline adjacent to the Albemarle Sound, and has approximately a dozen breakwaters, as well as 1 mooring buoy, 4 the pilings and 5 bird nesting poles along the shoreline. There are two properties off Baycliff Trail that do not have breakwaters along a portion of shoreline and have a high -ground escarpment that resulted from Tropical Storm Michael. The vegetation noted on this tract were live oaks (Quercus virginiana), loblolly pines (Pinus taeda), landscaping plants, catbrier, eastern red cedar (Juniperus virginiana), redbay (Persea borbonia), American holly (Ilex opaca), Phragmites australis, and black needlerush (Juncus roemerianus). Previous permits for the shoreline of the Baycliff Homeowners Association were obtained through various CAMA general permits and CAMA Major Permit #40-19. In addition to the community fishing pier with a gazebo/T-head platform, there are 4 existing piers and one yet -to - be built docking facility authorized though Major Permit #40-19 along the Association's shoreline. The pier in front of Lot 160 has a gazebo/T- head platform and a slip with a damaged lift. The pier in front of Lot 148 has an existing T- head platform with a lower damaged platform, as well as an L-shaped finger pier and boatlift. The square footage shading of the existing and authorized platforms is approximately) ,732 ft2. Due to damages by Tropical Storm Michael, lot 138 only has a pier extending over the breakwater, with remnant pilings for 2 platforms. The riparian property to the north in an undeveloped, vacant parcel of land. The riparian property to the south is developed with a single-family residence, a walkway to the shore and upland retaining wall and a riprap revetment along the shoreline. The water classification for the Albemarle Sound is SB, and the area is closed to shellfishing. The water depths range from -0.5' to -3' NWL in the project area and the bottom is a sandy material. The descriptive boundary us designated Coastal Waters and is in the Pasquotank River Basin. There were no SAVs noted in the area at the time of the site visit. There appears to be no known archeological sites on the property RECEIVED APR 06 206 DCM-MHD CITY Baycliff Homeowners Association; Iver Scott Field Investigation Report Page 2 Development Proposal The applicants are requesting authorization to construct a 100' x 6' pier with a 12'xl2' T- head platform, a 28'xT L-shaped finger pier, a 14' x 14 boatlift and a 100' x 6' walkway that will extend from the pier to the lower deck of the residence. The proposed docking facility is no longer than the pier head line established by the adjacent piers and docking facilities. The water depth at the proposed pier head and boatlift is noted as -3' NWL. The width of the waterbody is approximately 6.49 miles. The residents of Baycliff HOA are not the riparian owners, as their ownership is limited to the square footage of the lots upon which their houses are built. Baycliff HOA retains full ownership of the common area, which includes the shoreline. Under our General Permit (GP) rule 07H.1205(e), "The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 ft2 per linear foot of shoreline with a maximum of 800 ftz. In calculating the shaded impact, uncovered open water slips shall not be counted in the total." The square footage for the existing platforms (which include T- heads/gazebos, lower platforms, and finger piers) is approximately 1,732 ft2. With the existing square footage platforms that have been constructed along Baycliff's shoreline, our rules would not allow a permit through the GP process. The development site is private property; therefore, the applicants' request was elevated for major permit review. Anticipated Impacts The proposed development will result in the following impacts: • The pier will shade 600ft2 of Estuarine Waters (EW) and Public Trust Area (PTA) AECs. • The T- head platform and finger pier will shade 228 ft2 of EW and PTA AECs. • The walkway will shade approximately 600 ft2 of Estuarine Shoreline and Public Trust Shoreline AECs. • The walkway will shade approximately 180 ft2 of coastal wetlands. The additional square footage of proposed platforms would bring the total ft2 of shading to approximately 1,960. Submitted by: Audy J. Peoples Date: 04/03/2020 RECEIVED APR 06 ZON t7Cm_ AHD CITY Received 1,1AR 2 4 2020 PROJECT NARRATIVE V�IYI'GC BAYCLIFF January 27,2020 Bayclitf is a private community with +/- 69 home sites surrounded by common property, owned and managed by the Baycliff Homeowners Association. The common property supports agatehouse, fishing pier, gazebo, swimming pool, boat ramp, and clubhouse. The common area includes the +/- 1,214 feet of shoreline on the Albemarle Sound. Currently there are five piers (one pier permitted [CAMA Major 40-19] not yet constructed). The five existing piers support four existing "tee heads" (14 x 14, 12 x 14, 12 x 14, 16 x 16) for a total of 788 square feet (s.f.). One damaged pier has a "tee head" (if repaired) of 120 s.f. making the total square footage of tee heads" 908 s.f. Some of these piers also have kayak and walkways surrounding boat lifts for an additional 376 s.f. for a total of 1,284 s.f. of "tee heads" and walkways. The yet to be constructed pier and "tee head" and kayak platform will result in an additional 448 st for a total of 1,732 s.f. constructed as proposed for the shoreline. The proposed pier is 6' wide x 100' to access the proposed 12 x 12 "tee head," and a 14 x 14 jet ski/boat lift with a 3-foot wide walkway around the lift for a total of 228 s.f. Provisions in T15A NCAC 07H .0208(b)(6) allow for 8 s.f/linear foot (I.f.) of shoreline (8 x 1,214 = 9,712 s.f) of shaded impact for docks and mooring facilities (excluding piers) with a maximum of 2,000 s.f. With the addition of the proposed "tee head" and walkway, the total for this shoreline will be 1,960 s.f. (1,732 s.f. existing + 448 sJ1 proposed). Also, proposed is a 6' x 100' walkway from the pier to the lower deck of the house. gECEIVED APR 06 2020 0CM-MH1) CITY e ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S, REGAN Secretary BRAXTON C. DAVIS Director June 8, 2020 Baycliff HOA Iver and Rebecca Scott Iver.scott@scottvaluation.com Dear Mr. and Mrs. Scott, This letter is in reference to the application submitted for a Coastal Area Management Act Major Modification to Permit No. 40-19 to undertake development activities to perform construct a docking facility within the Baycliff S/D, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make August 21, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City George Wood (obxwood@yahoo.com) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 2B557 252,8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, June 8, 2020 8:34 AM To: iver.scott@scottvaluation.com Cc: Renaldi, Ronald; Cannon, Amanda J; Godfrey, Ella M; George Wood Subject: Baycliff HOA Extension Attachments: Baycliff HOA MM EXT.pdf Morning Mr. and Mrs. Scott, Please see above for the extension for 150 Baycliff Trail. I am currently waiting on DWR and USACE comments and once those are in I should be able to make a final decision shortly thereafter. Thanks, Gregg RE Q Lhe1cA[miumsrW (w:� Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 215 (Office) Grem.8odnar ncdenr.gq Email correspondence to and from this address is subject to the North Caroling public Records Law and may be disclosed to third parries. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, April 24, 2020 2:26 PM To: George Wood Cc: Peoples, Audy J Subject: Baycliff HOA Attachments: Baycliff HOA comment memo.pdf Afternoon George, DMF has requested a SAV survey for the current project. I have attached the request for your information and the request has DMF's contact info in case you have any questions for them. Knowing the area I don't think I'll need to place it on hold, especially if your able to get them the info they need quickly. Thanks, Gregg D_EQ� CtDe�REi p OmialeuY.�� @u:9 Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) Gre .Bodnar ncdenr. ov Email correspondence to and from this address is subject to the North Carogna Public Recards Low and may be disdosed to third parties. nel;UluCU. VO/ I Ucu 10 uq.u.90 I-M f✓s BY CLAUDIA HARRINGTON O '\ Vanzota McMurran, Register of Deeds Dare County, NC Fee Amt $26.00 NC Excise To S830.00 �C DARE REAL ESTATE 800K 22.36 PAGE 71'4 (2) { t-Z ece COUNTY TRANSFER TAN 70o05a195 1Vfed LT s 0 A 1I11I�I�11I��INII� 4 2020 LTI1287-t8 �j Excise Tax $830.00 V DMEC $ 4,150.00 Parcel EdentRler No. riYl18780150 man after recoraing to: c y a Robbins, PC This Instrument was prep 10 by: Casey 6 Robbins, Brief Description for the Index I Lot ISO, BaycW GENERAL GRANTOR •`JCS GRANTEE Mary M. Dillard, formerly known as Ever Scott and wife, Mary Parke Macfarlane, widowed and rn .vremarried Rebecca Scott PO Box 1 170 1;l) PO Box 3437 Dunnsville, VA 22454 y--1 Idyllwlld, CA 92549 The designation Grantor and Grantee as used and shall include singular, plural, masculine, I WITNESSETH, that the Grantor, for a valuable consld6 acknowledged, has and by these presents does grant, I that certain lot or parcel of land situated In the Town Carolina and more particularly described as follows: I Include said parties, their help, successors, and assigns, neuter as required by context. paid by the Grantee, the receipt of which Is hereby % sell and convey unto the Grantee In fee simple, all Devil Hills, Atlantic Township, Dare County, North All that certain lot or parcel of land located and being on Big Colington Island, Atlantic Township, Dare County, North Carolina, known as, designated end being Lot No. 150 0! B,py Cliff, shown on map or plat entitled 1W Cliff, A Group Housing Development-, dated July 14, 1959, prepared b,,�..r Saulble 6 Assoclates, P.C., as recorded in Plat Cabinet C, Slides 91 D to 91 H, In the office of the Register of &e of Dare County, North Carolina, reference to which Is hereby made for a more particular description of the land&ereln granted and conveyed. Included In this conveyance are the easements and rights of way referAylYcld in Me deed to nist Pioneer Investment Company, now Pioneer Capital Ccrporatlon of record In Hook 544, Page4 and Book 581, Page 1064, of the Dare County Register o! Deeds office. This conveyance Is further subject to �tjarafion of Covenants, Conditions and Restrictions for Bay Cliff datedlune 1, 1989, and duly filed for record In the,pare County Register of Deeds otflce to Book 642, Page 826 and FirstAmendment to Declaration of Covenants, Cori ons and Restrictions, rerecorded In Book 646, Page 270. V, All or a portion of the property herein conveyed does not include the primary residence of the Grantor. CCJJO RECEIVED APR 06 2020 DCM-MHD CITY Received Mao 2 4 2020 DCM-EC To whom it may concern: The BayCliff Home Owners Association gives Iver Scott permission to apply for CAMA permits for boating access to his property at 150 Baycliff Trail, Kill Devil Hills, North Carolina, 27948. Sincerely, Date: ) 1 9 % 2-0 Anthony DiMatteo, President BayCliff HOA 2020 Board of Directors REMVED APR 06 2020 Aj m n _m m v McCeived MAR 2 4 DCM EC RECEIVED R 0 6 ZOZO ]CPA-PAHD CITY g r IPA RECEIVED APR 06 ZOZO DCM-MHD CITY cl W w U W K s` o o V N Q t0 = O 6' � d a U 0 AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Landowner of record authorizes Environmental Professionals, Inc. to: I, enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; 2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.) as needed to review regulatory alignment(s) and/or to identify additional regulatory jurisdictions; 3. submit plats and other information to acquire regulatory agency confirmations, approvals, and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or determinations, Qu Landowner Client —1-7 - Date ////L2� Date Received MAR 2 4 2020 DG -Er RECEIVED 9PH Og 2020 OCM-MHD CITY :. Received nNi� r iii�� DLM-EC January 27, 2020 George & Lynda Wood P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Mr. & Mrs. Wood, Environmental Professionals, Inc. has been retained by Mr. and Mrs. leer Scott to represent him to the North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the construction of a pier, boat/jet ski lift, 12' x 12' "Tee" Head and walkway on property which is adjacent to yours on the Albemarle Sound in Colington, Dare County, North Carolina. Please find attached the plan submitted to the North Carolina Division of Coastal Management. Should you have any questions regarding this request, please contact me or Ms. Yvonne Carver with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Ann: GeorgeH. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Call Phone: 252 423-1234 Email: opMA%'ood(a+yahoo.com North Carolina Division of Coastal Management Ann: Mr. Audy Peoples 401 S. Griffin Street — Suite 300 Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: audy.peoplcs@yncdenr.gov nedenr.gov If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. 1 appreciate your consideration of this [natter and remain available to answer any questions you may have regarding this request. Sincerely, 7Envi nmental Protes ionals, Inc. rge H. Wood, CEP, PWS Attach t: a/a I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. _ k� 41U:RE D E RECEIVED P.O. ROX 3Nd1 KII.I. DEVIL c1n061Y.4 27948 • 251-14I-03,at FAX: 2S2.44141721 - F.\1111.: abmnnndia}tdwo.rom APR 06 2020 DCM-MHD CITY January 27.2020 shingle Landing orcolinghnl Corp. /Uhl: Mr. Toby Ilramblc P.O. Box 785 Niwoi CO 90544 Dcar Mr. Hramhle, 0111-amil: hbdccdnpmcntcm'p(nguuol.conp Received IA AD 24 2.010 DLM-EG 19n ironnunlal PluAsAonafs. Ina Ilas bceo retaimd by Mr. & M N. tver Scow to represent him to the North C7mllinu Division of Coastal Management fill the purposes of obluioing a lenuil to umhurize the constroclian of a pier. bout/jel ski fill, 12' x 12"'Tce- I lead and walkway on Property 1 livid is adjaccm to ,voons nn the Albemarle Slnoid in Cblioglon. Dare County. North Carolina. I'fease lied auudwJ the plan submitted to the North C'tnrlina Division of C'onsotl Management. ShoulJ you have toy quemianN ngcudiog this rcqucs6 please can act live or Ms. Yvonne Carver with the North Carolina Division of Coastal Maagement. Environuwnoll I'a118ssionals. lac. North Carl ilia I)ivixion oroxtsud Management Attn: George I I. Wood, CI-T. PINS Alu1: Mr. Audy People% P.O. Box 336N 401 S. Gril ul Slnet Suite 300 Kill Dcvil I [ills. NC 27948 liliznhelh ( ity, NC 27909 Telephone No.: 2:12l,4414)239 Telephone o.: 252-RA-31101 Cell Mimic: 152-423-12.14 Entail: aut •.peoples (rllcJcnr.guv linl:dl: •d„el: Raba nh, 1.-.0n111 I I' You have no ohjreli, o w the pn,puaed nearby, please mark th appmprtatc Nmlcinent oelow :oaf rclurn to I:nviroanwnlnl Professionals. Inc. I oppreeiatc your considci ation of Ibis matter and renafiu this rcquesl. Sitwere[y, ISavirwpnennd Professionals. lac. C:r c 11. woprF,'C•Ida, PWS n0aelu0ela: all, I have no objection to the project Jewribed in illis .17 .. % _ _.... Jliave obig on IJ Ille pt'tiicel Jescrihed in this col SIGNA, f11R�rr DATK to answer luly questiolls you 11111y lave reprding s I'll. Ro'l, M% I.lit FI\It 1111 I'..'.Ulrin t %W Ill. ♦ ,-141; .. .! W5.,.W 1 It: ' Ill 9'1.1 • I•d\1 •A,.,.,. D•, da......... RECEIVED APR 06 2020 0CM-MHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals thecoastlandtimes.net FROM: Ella Godfrey DATE: April 3, 2020 SUBJECT: Public Notice: Baycliff Homeowners Association Please publish the attached Notice in the Wednesday, April 8, 2020, 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, PIC, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File ;-DECEIVED a'4vYem p4a�vmeaXY WaN� APR 06 2020 +,3CM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 E11731heth City, North Carolina 27909 252.264,3901 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 03/24/20. Baycliff Homeowners Association proposes to construct a boatlift, pier with a T-head platform, finger pier and walkway from pier to the residence located at 150 Baycliff Trail, 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 04/28/20, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, April 8, 2020 RECEIVED APR 0 6 2020 4AE" DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Manage w t Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carallm 2T909 252.264.3901 ROY COOPER Covemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Baycliff Homeowners Associations c/o Iver Scott 99 Baycliff Trail Kill Devil Hills, NC 27948 Dear Mr. Scott: NORTH CAROUNA Environmental Quality April 3, 2020 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to construct a boatlift, pier with a T-head platform, finger pier and walkway from pier to the residence at 150 Baycliff Trail in Dare County. It was received complete on March 24, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 7, 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 March 24, 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED DEQ�is APR 06 2020 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.2643901 Baycliff Homeowners Assoications Iver Scott April 3, 2020 Page 2 of 2 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, L-� W 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, NC George Wood, Environmental Professionals, Inc., Kill Devil Hills, NC RF-CE1VED APR 06 ZOZO DCM-MHD CITY N0T1(*0'f1?dA CAMA'PERMIT APPLIED FOR PROJECT: Construct a boatlift, pier with a T-head platform, finger pier, and walkway from the pier to the residence. COMMENTS ACCEPTED THROUGH Al2f;/28, 2020 APPLIICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ivor Scott --� Audy Peoples Baycliff Homeowners Association 401 S. Griffin Street, Suite 300 99 Baycliff Trail Elizabeth City, NC 27909 Kill Devil Hills, NC 27948 252-264-3901, ext. 232 410-703-5632 MAJOR PERMIT FEE MATRIX Applicant: Bay Cliff HOA SelectionPdevelopment nt Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (24300 1602 435100095 2341) mmercial t does not $250 100%($250) 0%($0) or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: ® Major Modification to a $250 100% ($250) 0% ($0) CAMA Major ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: (B). Public or commercial evelopment, if General $400 100% ($400) 0% ($0) ater Quality Certification 4can o. 4097 (See attached) be a lied: (C). If General Water uality 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 be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($ l90) excavation of more than one acre of wetlands and/or RECEIVED open water areas: APR 06 2020 DCM-MHD CITY NC Division of Coastal Management Cashier's Official Receipt Received From:c--11N 1/: Ldd Permit No.: Rai 4j' v[ "1lL� %v Applicant's Name• << (/ll I -fl- Project Address: 11351 ABC D Date: s 20 ZE) g o7SU,O a Check No.: �6 01 7 s l I County: q''t Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Gr / Signature of Field Representative: {U Date: 3 .24 Date: ° v RECEIVED APR 06 2020 DCM-MHD CITY —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant: Baycliff Homeowners Association: IverScott Date: 04/03/2020 Project Site County.,150 Bayclif' Trail, Bay Cliff subdivision, Lot 150, Kill Devil Hills, Dare County Staff: Audy Peoples District: OEfizabeth City []Morehead City ❑Washington ❑Wilmington Project Name: Scott Pier I Lat., 36.000134° N Long:-75.706489° W Date of inlfial application submittal (EX: 1/8f2QQ7): March 24, 2020 Date application "received as complete" in the Field once (DC., 1/W"7): March 24, 2020 Permit Authorization: CKCAMA MDredge & Fill MW SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes No Photos Taken: Yes Z No❑ Setback Required (riparian): []Yes No Critical Habitat: El Yes 1RN6 ❑Not Sure 15 foot waiver obtained.' Yes ®No Hazard Notification Returned: []Yes ®No SAV: ❑Yes ®No Not Sure Shell Bottom: MYes RNo ❑ Not Temporary Impacts: []Yes ®No Sure Sandbags: ❑ Yes ®No ❑ Not Sure Did the land use class cation come hom Mitigation Requited (optional): county LUP:®Yes []No []Yes ®No Moratorium Conditions., []Yes No Environmental Assessment Done: ®NA []Yes ❑No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) El Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQ149 I Q Outstanding Resource Waters (ORM WETLANDS IMPACTED El (464) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Llmonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) El (CJ) Saw grass (Cladium jamek:ense) 0 (SA) Salt marsh conigrass (Spartina ❑ (SY) Sag reed grass (Spartina altemiflors) cynosurotdes) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TV) Cattail (Typha sp.) spicata) so.) El (JR) Black needlerush (Juncus El (SP) Sall/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 El III(A) Private w/D&F up to 1 acre; ❑ 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 - II. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 1. Private no dredge and/or fill - $250 U III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DGN needs 0 6 ZO2� DWQ agreement - $400 APR %M_MHD lil IT 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaim_anagement.net reviseds Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code Sheet. TYPE REPLACE Activity Name Number Choose Cne hoose :Dimension 1 Dimension ion 3 Dimension 4 ne T NowWonc Replace 100 h-- Malnt ❑ ❑ Y O N T-head 1 New Work Replace 12 12 platform Maint ❑ O Y O N Lower ] New Work Replace 28 3 la orm Maml ❑ ❑ Y O N Boadifl 1 New Work Replace 14 14 Maint ❑ ® Y ❑ N Walkway ] New Work M Replace 100 6 Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y O N New Work® Replace Maint ❑ ❑ Y O N New Work ❑ Replace Maint❑ OYON New Work Replace Maint ❑ O Y ❑ N New Work Replace Maint ❑ ❑ Y O N New Work 0 Replace Maml❑ ❑Y❑N New Work El Replace Maint ❑ ❑ Y ❑ N New Work Ej Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace Maint ❑ ❑ Y O N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ O Y O N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ O Y O N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint❑ JOYON :ZFCEIV New Work Lj Replace Maint ❑ ❑ Y O N � n v v •-Irlw_xuNn My revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Date: Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One _ TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tam impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for Disturbance total includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated Final disturbance. Excludes any restoration and/or temp impact amount Open Water/Shellow Bottom Dredge ❑ FNI ❑ Both ❑ Other ® 828 828 High Ground Dredge ❑ FNI ❑ Both ❑ Other ® 600 600 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Boal ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FNI ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FNI ❑ Both ❑ paler ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Boat ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FNI ❑ Both ❑ Other ❑ RECEIVED APR 06 2020 DCM-MHD CITY MvIeea lanma DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Baycliff Homeowner Association Distribution Date: 4/6/2020 AGENCY ECRO Donna Creef Community Develo ment/LPO DCM Planner Charian Owens Eliz City US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort Carteret Craven, Eliz Oty, 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 (WARO) Rodney Butler RECEIVED APR 0 6 2020 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Maj Comment Distribution Sheet - Sunset Village HOA.doa Revised : 6/29/2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April6, 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) areas. bodnar(EDncclor.gov SUBJECT CAMA Application Review Applicant: Baycliff Homeowners Association Project Location: 150 Baycliff Trail in Dare County Proposed Project: Construct a boatlift, pier with a T-head platform, finger pier and walkway from the pier to the residence. 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 Apill 27, 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 RECOVED DATE APRie=0 6 2020 D iQ DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Sulte 300 I Elizabeth City, North Carolina Z7909 252.264.3901 i PROPOSED 5C 6'WIDE WOOD ��aa��h /\ • n 1 \ WALKWAY /LOT ile> \ EXISTING 4' ! LOT 11e> m _ WALKWAY \ \ ROPOSED j R \ 100'L PIER 12'x 12' APPROX. \ / LOT 126"7 / Wr iu> E HEAD SED SHORELINE (NWL) PROP \ `LOT 1�> `` �/ \ �/ STAIRS () 1PPRo)L SHORFIINE (NWL) ( LOT 130> ( / PROPOSED amtrW» + \ / LOT �n> JET SKI do 132 Af1 ro. u. \� >•4T 134) ®� \ \ CLOT 136> V �011MAKWATIM EX YOORNG� ?ma+x euor EXISTNG J BOAT LIFT / EXISW PER 2(Yx 20' TEi HEAD eti, Received vp 2 41020 DMEC PROJECT NOTES: 'OSED 3'x 28' WALKWAY PROPOSED IMPROVEMENTS 1'- W / •.'•'' \T\ j1 AYCUFF HOMEOWNERS REYNANr t .N ASSOC. PIM BREAKINMER \ +�- SAYCLIFF TRL KILL EVIL HILLS, N.C. 27948 i.... ynw� roamerlaos - � � � B�� BOA \ LOT 144> T RAW '•• \ ALBEMARLE SOUND E BRE E]05Ie1G PERK 12'x 14' lEE NERD BOAT LIFT PROPOSED PIER do JET SKI/ BOAT LIFT PROPOSED TEEHEAD- 144 S.F. PROPOSED PIER- 600 S.F. PROPOSED WALKWAY= 84 S.F. TOTAL EXISTING TEEHEAD PLATFORMS- 1,732 S.F. TOTAL PIERS 4.908 S.F. TOTAL PIERS AFTER CURRENT PERMIT- 5,508 S.F. TOTAL TEEHEAD AND WALKWAYS AFTER CURRENT PERMIT= 1,960 S.F. 0 50 100 2110 GRAPRIC SCALE 1' = 100' 0 0 BOAT LIFT E70STM PERT 14'x 14' TEE HEAD PROJECT OVERVIEW 1'— 100' NoM Point VICINITY MAP i"=s,000 f CAMA MAJOR PERMIT APPLICATION FOR BAYCLIFF HOMEOWNERS ASSOC./IVER SCOTT 150 BAYCLIFF TRL., KILL DEVIL HILLS, N.C. 27948 LOT 150, BAY CLIFF DARE COUNTY, N.C. 1'-lOC t-2'~2O KA 20-M 1 a 1 %/L Planning for a Better Environment 14" S. V"Mic Dare Tra/ P.O BOX 33W — KN.L DEVIL H & NC 27948 PHIM E MW 4/%ll=11111 of _,.�:: Rhragmites'` 01 G \'•austral is; \ <i PROPOSE 150 O 40�i-�00<6uppia'...',t;'':<:''.`'� 6'WIDE WOOD \tj�G 00G0 ' /LOT 116\ '<'maritim6;.'.:.:.. ;.,: ;.'.'i \ WALKWAY �? \ \ S�GOQOo �� \/ �/ (157) LOT 118> EXISTING 4' /LOT 120> -'J WALKWAY \ EXISTING•..:'juncu\ PIER ...roemerianus\\ EXISTING BREAKWATER :•\ \ / LOT 126� / LOT 124' Ruppia Y \ ` \ -� •� „:''••� \ /\ J J maritima 4`;',,,`,.';:• CLOT iY6> (25%) ( \ \'1, APPROX. \ \ �'_�J , SH6RENNE (NWL) ®a \i'•;:.'::,j;,`' ^^- 1 \/•I' /\ PROPOSED �...� (TYP) - APPRO%./ STAIRS SHORELINE (NWL) > ®� (TYP)LOT 130 .�' Ruppia r \`�;'':,'�!,•-,� \// /\ PROPOSED�� maritima 1p Phragmites / \\> PROPOSED oustraus ,' ^ LOT 136/ JET SKI & 1 6'Wx 1OD'L PIER (30%) ^^ /T 132> < BOAT LIFT 1- W/ 12'x 12' PROPOSED Ruppia ' /\ \� 3'x 28' 1 TEE HEAD maritima E ��.,� .' ...:\, WALK WAY v (30-50R�.::. Juncus., �. Zp roemerianua \ �\ . i\� CLOT 136, PROPOSED IMPROVEMENTS Amp1'= 50' EXISTING BREAKWATER.: `.M- \ s,\ �.� ++i , • ; \ ��1 / North Point C•�....:•. ," ::.i�'/ \ CLOT 140> EX. MOORING Phragmltes ",� �og O\ \ / BUOY �u'P ncas roemerianus . •.�',+, . V ,Q N/F EXISTING� i., \ \'A� yF�� BAYCLIFF HOMEOWNERS BOAT LIFT ,,i�li , y::i 4c EX TING 99 BAYCLIFF TRL. EXISTING PIER REMNANT U !EXISTING `. `� BOAT RAMP\ILL DEVIL HILLS, N.C. EXISTING PIER BREAKWATER 27948 20•x 20' TEE HEAD ..•ti ', BIRD HOUSE-" SITE POLE M, I 1 M. Ruppla �t` • maritimPhra a / gmites 1.�",,;'::.','t;�. Colington (30� australls & VI • , l / / Juncus roemerianus!, `• • .., ` LOT 144> EXISTING . > ___. ` `,'' 1 • \\ \\/ / �\ \Hams Dr a M• Juncus roemerianus 'I �•, LOT 146> EXISTING PIER 16'x 16' TEE HEAD EXISTING IRD HOUSE OUSE ' ' .\ ,, \ / /\ VICINITY MAP / B,".':; / POLE `!''�•' `,\ \ CLOT 148> 1 "=5,000't Ru la ^^' } maritima ALBEMARLE BREAKWATER ; \ oT SOUND (25R) / Paue alias: 50 Ruppla EXISTING maritima BREAKWATER : LOT 152> cus EXISTING PIER ^^' v•' roamer us 12'x 14' TEE HEAD E%!STING �0T 154> BOAT LIFT Ruppia `• maritima I (25%) PROPOSED PIER Ruppla 1 �j OT 156, & JET SKI maritima BOAT LIFT (30%) fl\/ EXISTING PIER, ,i' I, /LOT 158> PROJECT NOTES: 12'x 14' TEE HEAD Juncus roemerianus \ \\�/ PROPOSED TEEHEAD= 144 S.F.) \ /LOT 160> PROPOSED PIER= 600 S.F. EXISTING---, PROPOSED WALKWAY= 84 S.F. PILING \ \ \/ O TOTAL EXISTING TEEHEAD PLATFORMS= 1,732. S.F. 01 TOTAL PIERS 4,908 S.F. EXISTING �� \\ �j 3�QGG, TOTAL PIERS AFTER CURRENT PERMIT= 5,508 S.F. BREAKWATER /,A\ �\� Q\ �. TOTAL TEEHEAD AND WALKWAYS AFTER CURRENT PERMIT= 1,960 S.F. <:. ��( �3 �9, 0 50 100 200 �• EXISTING BOAT LIFT Ruppla EXISTING PIER maritima 14'x 14' TEE HEAD GRAPHIC SCALE: 1" = 100' (tsx) ^^ PROJECT OVERVIEW 1•= 100' R, 1 '�:` 11, MAY 1 3 2020 MP SECTION,MHD SUBMERGED AQUATIC VEGETATION SURVEY BAYCLIFF HOMEOWNERS ASSOC./IVER SCOTT 150 BAYCLIFF TRL., KILL DEVIL HILLS, N.C. 27948 LOT 150, BAY CLIFF DARE COUNTY, N.C. ORAMN: aHEEi: SCALE: - DATE: PROJECT NO: 1'-100' 4-28-20 K.O. 20-001 ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment 1404 S. Virginia Dare Trail P.O. BOX 3368 — KILL DEVIL HILLS, NC 27948 PHONE (252) 441-0239