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
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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' �
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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
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Maint❑ JOYON
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� 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