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HomeMy WebLinkAbout54-19 Bosomworth, PhyllisPermit Class - Nft Permit Number 54-19 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 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Phyllis Bosomworth 301 Breezewood Dr., Elizabeth City, NC 27909 Authorizing development in Pasquotank County at adi. to an unnamed tributary off the Pasquotank River, at 1703 Rivershore Rd., in Elizabeth City, as requested in the permittee's application dated 4/10/19 including attached workplan drawing (1) dated 4/10/19. This permit, issued on June 26, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )1 nleSe LGIIrls 111ay UV NUUJULA LU 111n75, 1111pA15U11111c11L U1 WV11 aL Uull, U1 111ay •.auoa, u1•. r•.u1u• w w ••u•• ..u.......•. Shoreline Stabilization — Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (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, 2022 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 It vhy arm the t mau of the Coastal Resources Commission. v� Braxton C. rdvis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Phylj, Bosomworth Permit No. 54-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) The bulkhead shall be constructed prior to any backfilling activities. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) Spoil from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) No backfill material is to be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead once dewatered. 8) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Excavation 10) A turbidity curtain shall be left between the area to be excavated and the existing canal and a 24-hour period after completion of excavation shall elapse prior to silt screen removal to prevent unnecessary siltation into the adjacent water body. 11) No excavation shall take place outside of the area indicated on the workplan drawings. 12) Excavation shall not exceed 2.5 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 13) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Spoil Disposal 14) All excavated materials shall be confined above the normal water line and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 15) No spoil material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. Phyll<'- Bosomworth i. Permit No. 54-19 Page 3 of 3 ADDITIONAL CONDITIONS 16) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 17) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 18) 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. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00936). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-0619. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. I NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: �c Permit #: 5'Y-l9 MAILING DISTRIBUTION SHEET Permittee: i f , iwo. '50( 3w,00.2maj br. 4051'solSvg A/C ZWO7 Agents: 36Ga Z6Ae, cJ 6�L4, b�_ Spry& &7 ode9 to cewt DCM Field Offices Elizabeth City ``'Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: ya. (with revised work plan drawings) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) sh Pelletier (B#e, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) om Steffans (Ne DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov r Heidi Cox (WIRO) Shane Staples —A David Harris "fit Shannon Jenkins/Karon GVgon Tim Walton / Mike Moser Clif Whitfield (WARD) jj Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Proge Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler /La, (&; oe�— Fax Distribution PernWe #: Aeent# (NCDOT) Travis Wilson Coastal Management ENVIRONMENTAL OVALITY Phyllis Bosomworth 301 Breezewood Drive Elizabeth City, NC 27909 Dear Ms. Bosomworth: June 27, 2019 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Incerely, .7' v �� Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Stare of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Phyllis Bosomworth COUNTY: Pasquotank PROJECT NAME LOCATION OF PROJECT: 1703 Rivershore Road, Elizabeth City DATE APPLICATION RECEIVED COMPLETE BY FIELD:,.1-t9' Kr171(Q FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No FIELD REPRESENTATIVE: Mathis ��DIST 1CT OFFICE: `�LIZAB/}E�TH CITY DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) # III (D) APPLICATION ASSIGNED TO: Bodnar Ai/$ /( 9 PUBLIC NOTICE REC'D: 5-10-19 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 7.1-19 EMAIL OUT DATE: 5-8-19 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 5-30.19 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 5.29-19 AGENCY DACE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep y59It ! I DCM — LUP Consistency Determination SI7431 f(�H Local Permit Officer '511111 K Corps of Engineers — Regulatory Branch % y(/ �190013Q, DWR-401 Section 10/16/4 20/1 DWR — Public Water Supply /9 It 'k DEMLR — Stormwater & Sed/Erosion t5 S DOA — State Property Office Sit u jt 9 K Wildlife Resources Commission DMF — Shellfish Section DMF — Habitat & Enhancement sl/ZZlI I$2�j -3o Su (o� DNCR — Archives & History DNCR— NaturalHeritageProgram 1c RECEIVED NCDOT Rural Development Division 1 ' (0I g )r UVm-MnU 4t t T ROY COOPER CovermW MICHAEL S. REGAN Secretary BRAXTON C. DAVIs D(reafor TO; THROUGH FROM: DATE: SUBJECT: NORTH CAROLINA £ny4wullentnf Quafffy MEMORANDUM Gregg Bodnar, Assistant Major Permit Coordinator Jonathan Howell, District Manager 'S* Lynn Mathis, Field Specialist II April 29, 2019 CAMA Major Permit - Phyllis Bosomworth The applicant, Phyllis Bosomworth, requests a CAMA Maor Permit to construct a replacement bulkhead along 229' of shoreline and maintenance dredge an existing single slip boat basin along an unnamed tributary of the Pasquotank River at Forbes Bay. The property associated with the request is located 1703 River Shore Road in Elizabeth City. I have reviewed the rules as they pertain to bulkheads and dredging/excavation and would like to offer the following: 15 NCAC 07H .020E Use Standards (b)Special Use Standards (1) Navigation channels, canals, and boat basins shall be aligned or located co as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except at otherwise allowed within this Subchapter. Navigation channels, canals and boat basins shall also comply with the following standards: (A) Navigation channels and canals may be allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and if there is no reasonable alternative that would avoid the wetland losses; Consistent: Not applicable to this request. (B) All dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal wetlands; Consistent: Spoil will be mechanically removed and located 30' landward of NWL and landward of a silt barrior. RECEIVED MAY 0 8 2019 North Carolina Department of Environmental Q.u1,'.y 1Uivlslon o(CoastelManagenwnt DCM-MHD Elizabeth City Office 1401 South Crtrfin Street, Suite'100 1 ElrrabHh City, North Carolina 27909 CITY 252.2643901 Recommendations Page 2 (C) Dredged material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10); Consistent: Spoil will be mechanically removed and located 30' from INK landward Initlally and then spread over sand fill landward of a silt barrier. (D) Widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation; Con i : Not applicable to this requost. (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end Inland; Consisten (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters; Consistent: Proposed depth to be maintained no deeper that the established depth entering the canal. (G) Construction of finger canal systems are not allowed. Canals shall be either straight or meandering with no right angle comers; Consistent: Not applicable to this request. (H) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include shoreline stabilization, vegetative stabilization, or setbacks based on soll characteristics; and Consistent: Not applicable to this request, (1) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; Consistent: Depths immediately adjacent to his property are insufficient to moor a boat without scrubbing bottom and kicking up sediments along the shoreline. (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human -made channel was constructed before permitting was. necessary, there shall be evidence that the channel was continuously used for a specific purpose; Consistent: The basin is located within a waterfront residential community with adjacent docking facilities, both across the water and adjacent to the applicant's property (upstream). (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule without Impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and RECEIVED MAY 0 g L . North Carolina Department of&Mronmental C ua': y I DMslonarCoastalManaOernent DCIIA-MHD CIT'y Elizabeth City Office 14015wth Grifrin Street,SuP-- Elizabeth Chy,Norlh Caro:'.na 27909 , 1 252,264.31C Recommendations Page 3 Consistent: Spoil to be retained on high ground 30' from NWL, for later placement as high ground fill over sand backfill. (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel. Consistent: The proposed dredging will not expand the waterbody for new or expanded use(s). (7) Bulkheads: (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; Consistent: Bulkhead shall be an average of 2.31' waterward of NWL and an average of 1.5' waterward of the existing bulkhead. See also: (D) If on the fallowing page. (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; Consistent: Wetlands involved are non -coastal. (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; Consistent: Applicant will obtain sand bacldlll from a local high ground commercial source. A second part of the request would Includo tho placement of a 2" layer of spoil removed from the adjacent boat basin, (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the app:icant unreasonable hardship under the other provisions of this Rule; Consistent: Existing bulkhead failing, Constructed over 32 years ago. (ii) the bulkhead alignment extends no further belcw normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mifilate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The shoreline has subsided along the shoreline and water now overtops the old derelict bulkhead. This subsidence has also alloyed for a proliferation of cypress knees to growalong the landward side of the old bulkhead. The request is the minimum necessary to protect tho shoreline without having to undertake excessive excavation to establish a bulkhead through a 50' section of cypress knees. (III) the bulkhead alignment will not adversely impact public trust rights or the pro; erty of adjacent riparian owners; Consistent (iii) the need for a bulkhead below normal high water or normal water level is documentgHby the Division of Coastal Management; and, Ccnsistent CEIVED MAY 08 )'t DCM-MND CITY North Carolina Department of EnNronmerftal Q mlity 1 Division of Coastal Management EtlrebethClty Office I sal south Griffin Street Suc 710 I Elubeth CAy.Al,,nh Carollun27909 252,2&1.J .ul Recommendations Page 4 (v) the property to be bulkheaded is in a r.,n-oce nfront area. Consistent (E) Where possible, sloping rip -rap, gabions, cr vegot lion shall be used rather than bulkheads. Consistent: Given the existing bulkhead allg ment, narrow waterbody and the history of gabion failure, gabions and sloping riprap wo: 'd not be recommended. Recommendation: Based on this rule review I would like to recommend that tl ; request be approved subject to the standard conditions, RECEIVED MAY 0 8 DCM-MHD CITY North Cardin Depart merit of Environmental Qua it, DiviWOnar COOstammoemenl Elizaheth Chy Office I4015outh CriMn Street, Suite 106 Elizabeth City, Nash CUro[W 27g09 252.264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 8, 2019 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) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road in Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands 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 May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `*Additional comments may be attached'" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Jeffrey Rheubottom for Shannon Jenkins AGENCY NCDMF Shellfish Sanitation -.I A u. -.:: T,i. RECEIVED MAY 9 2019 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management -- ---''-"- ElimbethCltyOfOce 1 401 South Griffin Street, Suite 3001 Ellubeth City, North Carolina 27909- --• - 252.264.3901 - ROY.CGOPER apYemor MICifAEL S: REGAN semriaiy BRAXTON C DAVIS. UI b or May 8, 2019 111010RANbUM. PROM: SUBJECT: Applicant: Project Location: Gregg Wow,, Assistant Major Permits Coordinator NGDEQ - Division. of Coastal Management 400 Commerce Ave., Morehead City; NC-28557 Fax:.262-247-3330 (CouHar Oq 16-33) areoo:Godnardncdenroov CAMA IDredge'& Fill Application Review Phyllis Bosomworth. 1703'Rlverehora Road in Elizabeth Cjty. . ......:.: Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147af of wetlands Please indicate below your agency's position or viewpoint on.the proposed project.and returri thfa Iorm to Grew Bodnar at the address above by May 29, 2019. If y'ou have any. quea8ons regarding the proposed project; contact Lynn Mathis (252404-3901, ext. 234) when appropriate, in-depth comments with supporting data Is requested. REPLY: This agency,has no objec8on.16 the project as proposed. `Additional comments may be.attached" This agency has no comment on the proposed project This agency approves of the project onlyit the recommended changes are incorporated.:See attached _ This agency objects to the project for reasons described in the attached comments. PRINT AGEN( SIGNA' DATE RECEIVED MAY 9 2019 MP SECTION. MHD W- NanhCarcUmDepatm tofftftitmema Qudty.l DMslonofcops%iM=gci M6f atr4nhCtry6fflce 1401 South Fafi@tstrEet51tlte3001 aWbethQry,N.orOt_cato✓tria 27,909 . .2n2643901. ` "i ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May8, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) greag bodnar(Wricdenrgov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road In Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Greva Bodnar at the address above by May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-39011, ext. 234) when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be.attached'" ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME C_ C_ AGENCY Al L (/,a✓vL-0- 7 "e- C_ SIGNATURE�C_ DATE RECEIVED MAY 1 0 2019 IVP SECTION I North Carolina Department of Environmental Quality I Division of Coastalivanapement - --- ElizabethCityOffice 1401 South Griffin Street, Suite 3001 Elizabeth City. North Carallna 27909 M264.3901 Oct 28 02 05:04a p.1 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director May 8, 2019 MEMORANDUM: NORTH CAROLINA Envirottmezttaf Qualify FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bDdnar(ZDncdenr.gov SUBJECT: CA MA /Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road in Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands 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 May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-39D1, exL 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no abjection 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 CeAr/� — SIGNATURE DATE aa5;2�-_ �1. .�_ RECEIVE® MAY 9 2019 MP SECTION Mi H® North Carolina Deparimnt of Envlrarunental Quality l Division of Coastal Management - ElizabethCityOfnee 140i5outh Grifrn51ree45u1le300 I EIlzabelh Oly,NorthCarollna2M09 252.2643901 v�2p araa - . ROY COOPER NORTH CAROLINA ,Govemor -- 6'rivfronmenfalQud(lry MICHAEL S. REGAN i Secretary BRAXTON C. DAVIS Dfrertor i May 8, 2019 I MEMORANDUM: FROM: Gregg Bodnar; Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave.,—Morehead:Gity,TNG 28657 Fax: 252-247-3330 (Courier04-16-33) grog bodnar(�ncdenrgov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road In Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands 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 May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: t/ 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_ JaNI'�= AGENCY � -,� - RECEIVED SIGNATURE —f=--� —� MAY 1 4 2019 DATE MP SECTION INS➢® --- North Carolina Ueyanmrm of Eftvtro0nrntal QuabtY'I OIvls7onafCna>IalMana9cinerit' --' - _" __---,----' Elizabeth City office I not South Griffin Street. su1te 3001 Elbabelh City. North Carolina 27909 252,264.3901 ROY COOPER Governor MICHAEL S. REGAN Semetary BRAXTON C. DAVIS Director May 8, 2019 MEMORANDUM: dpATNr`��I NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC28557 Fax: 252-247-3330, (Courier 04-16-33) . gregg.bodnar@..ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road in Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf'of wetlands 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 May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to,the project as proposed. '•additional comments may be attached This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached /%�commentss. PRINT NAME �A /4 /"t ees_c AGENCY Stele_ ����/�a ~�, RECEIVE® SIGNATURE DATE s✓ /��i 9 MAY 1 4 2019 MP SECTION !l HD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Orflce 1401 Soul GrifNt Street, Suite 3001 Elizabeth City, North Carona 27909 252.264,3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 8, 2019 d� q NORTH CAROLINA Enyfronmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28567 Fax: 252-247-3330 (Courier 04-16-33) areas. bodnarAncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road In Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnar at the address above by May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" i� 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 100-`Iaa_ W 11 l Ar. cl AGENCY 54-4--w SIGNATURE Loa/X-� DATE 3-O� yy z RECEIVED JUN 5 2019 MP SECTION MHD North Carolina Department of Environmental Quality I Divlsion of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite30D I Elizabeth City, North Carolina 27909 25Z264.3901 Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, May 15, 2019 4:31 PM To: Bodnar, Gregg Subject: CAMA Major - Phyllis Bosomworth Bulkhead and Dredging project, Elizabeth City, Pasquotank County Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 !'-^Nothing Compares .._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. keCove-d..' 05/09/109. Stafd,Historic Pres&vatioii Office .ROYCOOPER'. MICHAEL S.REGAN BRAxrON C. DAVIS Dimaor .May % 2019 .'Af tFM0RAkD 'i'FROM;' Gregg. Bodnar, Assistant M - bloir.PormitsCoordinator NCDEa:,Diyjsion of Cdastal;ManadeOd6t, - Commerce A' ' M6ib]16ad dlty;-Nd 28 ,9.�, ye��, ',Feix:'252-247-'3330:(Cduiler.'O4.f6-33).,' gre-Qd.bo64Ancdanr.Qov S.LIBJE&:CAMAJ Dred#6- &'Fill Applicatibn'Rev'lew, :Apolicafit: k4llls, I posomwo-rth, ER_ 19-1631 Due - 512 1 paej 'k Prpject,Locatlon:: 1703'Rivershqre koadln ElizabothZity � a O�ojr Pralpo 9& act: 106iistrudta�bCilk'hdad;dr6dO6i'bdAtbasin,afid�fill,147si.ofif-atiartds project and If; y' hav any questions ou e_. j:Whemaj5prdpdi -10; in .7depthr. _4 Thlssa' ,gencyr has ho.comnient on the proposed project This age6cy,appf.oves of the project only if the recomrnend ad changes are incorporated:lSee attached. This agency objpp is tb.'ihe','projpci fot reas.0n.s:deqcribed In the attached had c . omrnents. �PRINr'NAMt:Renee: Gledliill-Earley. AGENCY, StateRistoric-.Preservation Office sIbN4U.R'E' MATE, 5Q3 ; P7 �.EQV, RECEIVED MAY 2 4 2019 MP SECTION MHD ,Norih Cardona bcportmcntofF]ivironmentel Quality ' EfimbAP.K ty0ff1cc JAOISDWhGdMnStrit�Ue= lEf1znbethC*NorthCmUm279D9 �. :252.2643901. MAY 1 10 2019 u ROY COOPER covernar MICHAEL S. REGAN seawary B.RAXTON C. DAVIS elrwor May 8, 2019 MEMORANDUM: NORTH CAROLINA 6hvrrorunmriloaety FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NO 28557 Fax: 252-247-3330 (Courier04-16.33) Gregg, bodnarlalncdenr.OW SUBJECT: CAMA/Dredge & Fill Application Review MAY 10 2019 Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road in Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greoa Bodnar at the address above by May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (262-264-3901, ext. 234) when appropriate, to -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 k5k4me / 4.0/Gl AGENCY c �� F RECEIVED SIGNATURE DATE S-r2.2 -/ MAY 2 2 2019 MP SECTION MHD FIX NorthCamlina DePartmentofatttrunmental Qallty I D]vlsionof CoastelManagement 'Elizabeth CltyOfnte 1401 South GrAn Stree%SUlte 3001 aizabethCity.Nonh Carollna27909 2522643901 ROY COOPER covernor MICHAEL S. REGAN Serrerury STEPHEN W.MURPHEY Dka MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DMF Fisheries Resource Specialist THROUGH: Anne Deaton, DMF Habitat Assessment Manager SUBJECT: Phyllis Bosomworth - Bulkhead, Basin, and Fill DATE: 5/22/19 The CAMA application has been reviewed by a fisheries resources specialist for the NCDMF for impacts that may affect fisheries resources of the state. The applicant proposes to construct a 229' replacement bulkhead a maximum of 2' waterward of an existing failed bulkhead which will place the new bulkhead a maximum of T waterward of NWL. This bulkhead will tie into bulkhead on neighboring properties to either side. Filling the area behind the new bulkhead will result in the fill of 147 square feet of 404 wetlands. The applicant is also proposing to excavate 744 square feet of shallow bottom within an existing boat basin to remove silt and organic material that has accumulated over the years. The material will be removed with the use of a long reach excavator from the adjacent high ground and used for bulkhead baddill after it dries. The NCDMF has no objections to the project as proposed but does recommend that the excavation of the basin be conditioned to have a moratorium on in -water work from February 15 - June 30 as a conservation measure to reduce potential negative impacts from excess turbidity to anadromous fish species that utilize the Pasquotank River as a thoroughfare to reach upstream spawning grounds as well as outmigration of larval and juvenile fishes. Contact Shane Staples at (252) 948-3950 or shane.staples(&ncdenr,eov with further questions or concerns. RECEIVED MAY 2 2 2019 MP SECTION MHD State of North Carolina I Dlrtzbn of Marine Fisheries 3441 Arendeil Street ! P.O. Box 761) 1 Morehead Ory, North Carolina 28557 25Z-R15-7021 Bodnar, Gregg From: Staples, Shane Sent: Monday, June 24, 2019 11:31 AM To: Bodnar, Gregg Subject: RE: Bosomworth The turbidity would be acceptable being that is a basin in a side creek to the main river. Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Shane.staoles@ncdenr.eov 943 Washington Square Mall Washington, NC 27817 From: Bodnar, Gregg Sent: Monday, June 24, 2019 11:29 AM To: Staples, Shane <shane.stapies@ncdenr.gov> Subject: Bosomworth Hey Shane, How would you feel about a turbidity curtain instead of AFSA? It is in a basin that could be contained. Give me a call, Gregg D E Q'5` Y�`rJrr�rarY` /' Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ezt 215 (Office) G re¢e.Bodna rdDncdenr.aov Email correspondence to and from this address is subject to the North Carolina Public Records Cow and may be disclosed to third parties. ROY COOPER Gov ff MICHAELS. REGAN Secretary BRAXTON C. DAMS Director May 8, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave.,. Morehead City, NC 28557 Fax 252-247-3330 (Courier04-16.33) QregQ.bodnar()ncdenr.gov SUBJECT: GAMA I Dredge & Fill Application Review Applicant Phyllis Bosomworth Project Location: 1703 Rivershore Road i1 Elizabeth City Proposed Project Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands Please indicate below your agency's position or viewpoint on the proposed project and retumYhis form to Gregg Bodnar at the address above by May 29, 2019. If you have any questions regarding, the proposed project, contact Lynn Mathis (252-264-3901, ext 234) when appropriate, in-depth comments with supporting data is requested. REPLY:--'xxloa_ 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. PRUIT NAME RodneyA Bufler AGENCY: NC Natural Heritage Program SIGNATURE DATE-5=2019 RECEIVED MAY 282019 MP SECTION MHD North CaroMa Department of Envimn tal Quality I DNlsion of Coastal Management - --_ �- Ef abeth City Office 1401 South Griffin Street, Sum 300 1 Elizabeth C2% North Caroarts 27909 - 252254.3901 'ROY:COOPER avm or lv C'HAEL s -REGAN spray' ,BmxroN c. DAvis' Otreranr C.I`1txj. i3';o2 May 8; 2019 MEMORANDUM; FROM:., SUBJECT'. Applicant: Project Location: Proposed. Project: Please indicate.t return this form fc regarding the propc comments with sup REPLY: PRINT, NAME AGENCY SIGNATURE DATE 1703`Riversl ConstruOa / "Additional i ✓ This agehcy _ This agency are•tncorpon This agency comments: MAY2019 St�u�G5�37G L� N - Permits Coordinator nagement City, NC 28557 Appticati`on Review id, dredge q. boat basin, and fill 147sf of wetlands m or viewpoint orrt ie.proposed project and cress above byMay29, 2019, if you -have anyqueslions Mathis (25226473901, eW234) when;appropriate, in-depth. no objection to the project as proposed: vents may be attached" no "comment on the; proposed,project. 'oves of the project only if the recommended changes See attached. cts to the_project,for reasons described in the;attached RECEIVED MAY 2 4 2019 MP SSCTION_MH® _. orfty,No 6CajGement ROY COOPER Governor MICHAEL S. REGAN Sem(ary BRAXTON C. DAVIS Director May 8, 2019 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDECI - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnar(cDncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road in Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands 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 May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME o W'ENS DATE LL-a7-2,0ii �E RECEIVED North Carolina Department of Environmental Quality I DNislon of Coastal Management J.. �; p 3 2019 Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909 CITY 252.264.3901 Dri,_._,jAHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 15141td101[L\:IBill 4 NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal anagement FROM: Charlan Owens, CP, NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by Phyllis Bosomworth to replace 229 linearfeet of bulkhead, fill 147 sq. ft. of Section 404 Wetlands and excavate 774 sq. ft. within an existing boat basin along a tributary off Forbes Bay and the Pasquotank River, at 1703 Rivershore Road, in Elizabeth City. DATE: May 28, 2019 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County/Elizabeth City 2004 Advanced Core Land Use Plan (LUP) certified by the CRC on February 9, 2012. Overview: The .9 acre subject property has approximately 229 liner feet of shoreline along a tributary off Forbes Bay and the Pasquotank River. The tributary is approximately 28 feet wide at its narrowest point. The subject property is divided by the right-of-way of Rivershore Road, with .2 acre located along the tributary to the northeast and .7 acre located to the southwest. Approximately 147 sq. ft. of Section 404 Wetlands are located along the edge of the shoreline. The property has an average elevation of approximately 3 feet above Normal Water Level (NWL). The site is primarily vegetated with lawn grasses and trees. The property is in the AE Floodzone. Existing shoreline improvements consist of a failing bulkhead along the shoreline and a 13 foot wide by 57 foot long boat basin. Water depths in the boat basin average -1 foot with a maximum depth of -2.54 feet. No other improvements are located on the property. A derelict boathouse was removed from the basin in 2016. A single-family house was removed from the. 7 acre portion of the property in 2018. Replacement of 229 linear feet of bulkhead, filling of approximately 147 sq. ft. of Section 404 wetlands, and excavation of 774 sq. ft. within the boat basin are proposed. All work will be conducted on the .2 acre portion of the property. Bulkhead will be installed a maximum of 2 feet waterward of the existing alignment. Bulkhead will be installed an average of 2.23 feet waterward of NWL and a maximum of 9 feet waterward of NWL. The basin will be dredged to an average depth of approximately 2.5 feet. Spoil from excavation of the basin will be retained on site, dewatered, and used for fill over bulkhead backfill sand. Finished elevations of the RECEIVED D_ Q�DEy �. "JN 03 2019 North Carolina Department of Envbnnmental Quality I Division of Coastal Management pC M_M H D Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 CITY 252264.3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 bulkhead and backfill will be within 2 inches of land elevations. A silt barrier will be established prior to the placement of any spoil. The waters of the Pasquotank River in this area are classified as SS and are closed to shellfish harvesting. There is no know Submerged Aquatic Vegetation (SAV) within the work area. There are no known archaeological or historical sites within or adjacent to the project area. Anticipated Impacts resulting from this project are expected to include: the excavation of 774 sq. ft. of Public Trust Area/Estuarine Waters AEC; the filling of 511 sq. ft. of Public Trust Area/Estuarine Waters AEC and 147 sq. ft. of Section 404 Wetlands within the Estuarine Shoreline AEC, and; the grading of .18 acre of High Ground within the Estuarine Shoreline AEC. Basis for Determination: The Pasquotank County/Elizabeth City 2004 Land Use Plan identified the project site as "Low Density Residential". As indicated on Page 165 of the Elizabeth City Future Land Use Plan Map (FLUPM), "Conservation/Open Space" areas include parks, coastal wetlands, estuarine waters, estuarine shoreline, public trust waters, and non -coastal '404' wetlands. The following LUP policies may be applicable to this request. Public Water Access: Water Quality: Policy 1, Page 133. "Ensure a variety of opportunities for access to public trust waters to all segments of the community, including persons with disabilities." Policy 2, Page 137. "Elizabeth City endorses policies and actions which protect the water quality of the City's estuarine system by preventing soil erosion, sedimentation and controlling the storm water run-off quantity and quality." Policy 3, Page 137. RECEIVED "A 03 2019 1 -_rA-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management "Run-off and drainage from development activities shall be of a quantity and quality as near to natural water as possible. Continue to support the use of Best Management Practices (BMP) in developments, and redevelopments in order to reduce sedimentation and pollution run-off." Policy 7, Page 138. "The City encourages the retention of natural, or man-made, vegetative buffers along the edge of streams, wetlands and major drainage ways as an effective means of protecting the water quality." Areas of Environment Concern: Policy 1, Page 138. "Support state and federal law regarding land use and development in Areas of Environmental Concern (AEC)." Policy 2, Page 138. "Within AEC, permit those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water - dependent uses include utility easements, docks, boat ramps, dredging bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy 3, Page 138. "Elizabeth City believes that the statutory AEC which occur within its jurisdiction, i.e., Coastal Wetlands, Estuarine Waters, Estuarine Shorelines and Public Trust Waters should be protected from undue encroachment in order to preserve their natural and important ecological functions." Policy 5, Page 138. MEMORANDUM Page 3 of 5 RECEIVED UN 03 2019 .,;A-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management "Restrict development in estuarine waters and public trust waters to those uses that will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas." Policy 6, Page 138. "The City believes that any development permitted must conform to State, Local and Federal environmental regulations and not cause a degradation or irreversible damage to the sensitive estuarine system." Policy 7, Page 138. "Elizabeth City, with an extensive shoreline along the Pasquotank River, believes that all Public Trust Waters should be open to public navigation." Policy 16, Page 139. "Encourage the retention, or creation, of vegetated buffer areas along estuarine shorelines as a means of preventing pollutants and sedimentation from entering the estuarine waters. The City supports CAMA standards for all coastal shorelines, whether estuarine or otherwise." Policy 17, Page 139. "Wetlands play a critical role in absorbing floodwaters, filtering pollutants and sedimentation from storm run-off in addition to recharging the ground water. The City strives to conserve all wetlands, including freshwater forested/shrub wetlands and freshwater ponds." Policy 18, Page 139. "The City supports continued enforcement of the CAMA and non - coastal or'404' Wetlands development permit processes and the efforts of the Corp of Engineers in protecting wetlands through the Section '404' permit program of the Clean Water Act." Areas of Local Concern Policy 15, Page 140. MEMORANDUM Page 4 of 5 RECEIVED JUN 03 2019 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management "Elizabeth City is committed to the preservation of its many invaluable historic and cultural resources..." Policy 16, Page 140. "The City will generally coordinate all new major land disturbing construction with the State Division of Archives and History, in order to help protect potential archaeological resources." MEMORANDUM Page 5 of 5 RECEIVED 1'� ': 03 2019 zaavi-iVIHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Phyllis Bosomworth 2. LOCATION OF PROJECT SITE: 1703 Rivershore Road, in Elizabeth City, Pasquotank County, North Carolina. The site is adjacent to a small tributary off of the Pasquotank River. Photo Index: 2006: 237-7741 G 9 Latitude: 36°17'10.22" N Longitude: 76°12' 04.22" W [c>lIi!AlZ 619ICY—%IIQJI&Qa=0.1ZTT 01.119 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: March 15, 2019 Was Applicant Present: No — Consultant Present 5. PROCESSING PROCEDURE: Application Received Complete: April 17, 2019 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Pasquotank County LUP Land Classification: Low Density Residential (B) AEC(s) Involved: EW, PTA and ES (C) Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing: Sewer Planned: N/A (F) Type of Structures: Existing: Derelict bulkhead Planned: Replacement Bulkhead (G) Estimated Annual Rate of Erosion: s4" 7. HABITAT DESCRIPTION: (AREA) oJ\Po GRADE ,� FILL EXCAVATE (A) High Ground: ES 8,054s`( (B) Shallow Water Bottom: EW & PTA 511 sf 774sf (C) Wetlands: 404 147sf (D) Total Area Disturbed: 9,456sf (0.217 acres) (E) Primary Nursery Area: No (F) Water Classification: SC', Open: No 8. PROJECT SUMMARY: The property owner is requesting a permit to: 1) Construct a 229' replacement bulkhead with 511 sf of shallow bottom fill, 2) fill 147sf of 404 wetlands, 3) dredge 744sf in an existing boat basin, and, 4) place excavated spoil on the applicant's property. RECEIVED JUN 03 2019 ,-XM-MHD CITY Phyllis Bosomworth Field Investigation Report Page 2 Project Setting The project site is located at the end of 1703 Rivershore Road in City of F�&abeth City, in Pasquotank County, North Carolina. The applicant's property consists of .9 acres and is spirt by Rivershore Road, with .7 acres on the landward side of the road and .2 acres fronting on an unnamed tributary o o Forbes ay an t e asquotank River on the nort east si e o he -- property. All adjacent uses are rest entia and are situated in a Low Density Residential zone. Currently the gro is vacant with the exception of a failing bulkhead. Approximately 147 square feet (SF) of 404 wetlands have been flagged along the edge of the old bulkhead by the an existing 57' x I basin. In 2016 a derelict boathouse was removed from the basin, and the l across Rivershore Road was demolished and removed in 2018. Vegetation on the waterward side of the property includes, but is not limited to, loblolly pine (Pins taeda), bald cypress (Taxodium dishchum), groundsel tree (Bacchads halimifolia), sweet gum (Liquidambarstyraciflua), cat brier (Smilax rotundifolia), switch cane (Arundinaria tecta), poison ivy (Toxicodendron radicans), and a variety of domestic grasses. There is no known submerged aquatic vegetation (SAV) within the proposed work area, and the area is not recognized by current N90W mapping as supporting SAVs. Water depths along the existing bulkhead, range, fro -.18' i the basin to -5.1 Vat the northwest comer of the property. Soundhsat the —Mouth oNWCreek established an existing average depth of -2.5' entering the river at Forbes Bay. A heavy organic debris layer has formed in the boat basin over the years from overhanging trees. The reek width is -28' at its narrowest point. Situated across from the east facing shoreline is a shore side walkway leading to a dock and boathouse. Further up the unnamed tributary, on the neighboring property, is a 6' wide shore side dock. The waters of the Pasquotank River along the project site are classified as SB, which are primarily recreational and any use specified by the SC classification applies (including aquatic propagation, fishing, wildlife, secondary recreation and agriculture). The property is located in an AE Flood Zone with an average elevation of -3' above normal water level (NWL). The annual rate listed by the applicant's agent as 2'; however, actual erosion over that last 25 years at this site is a is less than 4" per year, and only along the northwest side of the basin: Tidal fluctuation within the Pasquotank River and its tributaries is from wind ties. There project area. There are no known Ordinance. Development Proposal sites associated within or adjacent to the th the local Land Use Plan or local Zoning The applicants, Phyllis Bosomworth requests a CAMA Major Permit to undertake the following development: RECEIVED JUN 03 2019 1)`M-MHD CITY Phyllis Bosomworth Field Report Page 3 1) Construct a 229' replacement bulkhead a maximum of 2' waterward of the existing dilapidated_ bulkhead alt nt and an average of 2_23' waterward of NWL. The proposed alignment will be a maximum of _9, waterwar_d of NWL. The proposed alignment will result in —511 sf of shallow bottom fill. Backfi11 will consist of clean sand from a local source and topped with dredge spoil. The replacement bulkhead will result in a narrowing of the waterbody from 28' to 27' at the northwest corner of the bulkhead and will tie into an existing bulkhead to thew_ est. The bulkhead will also tie into an existing bulkhead on the southeast corner. 2) Wetland fill associated with the replacement bulkhead will be —147 sf. The area in question was flagged by the USACE at the request of the applicant's consultant. 3) Excavation of a 744sf shallow bottom within an existing boat basin is requested and will include the removal of silt and organic debris that has accumulated over of the years. Removal of spoil will be undertaken by long reach excavator and placed on the applicant's property. The current average depth is -1' (Maximum -2.54' , and the proposed finished depth will be--2.5'. Spoil to be removed will be —41 cubic yards (cy) and will be retained on_the_property and _use d for fill over the bulkhead backfill sand at an average depth of less than 2". The placement of a thin layer of excavated spoil will occur once the spoil has decanted of excess water, and post bulkhead construction. A silt barrier will be established prior to placement of any spoil. 4) According to the application and plans there will be—8,054sf of high ground disturbance associated with the installation of the new bulkhead and the placement and grading of excavation spoil on the lot. A silt fence will be installed to retain all fill onsite, and remain until vegetation is established. Finished elevations of the proposed bulkhead and backfill will be within 2" of land elevations, and as such should not alter the current drainage pattern(s) on or adjacent to the applicant's property. Anticipated habitat impacts include the following: 1) Loss of —511sf of shallow water bottom habitat from fill associated with the construction of the replacement bulkhead. 2) Temporary disturbance and loss of 744sf shallow bottom habitat from excavation below NWL. 3) Loss of 147sf of 404 wetlands. 4) Temporary disturbance of—8,054sf of high ground from dredge spoil and grading. 5) The proposed development will temporarily disrupt animal populations within adjacent waters and the project area. 6) Installation of the proposed bulkhead may result in temporally suspending sediments in the water. 7) Installation of the bulkhead and backfill will not result in a significant increase in elevation of the subject property. 8) During the project construction it is anticipated that noise levels may periodically increase above surrounding background (ambient) levels from heavy equipment. 9) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. RECEIVED Submitted by: Lynn W. Mathis - Date: April 29, 2019 to DM - DM Review Complete: May 6, 2019 ' 03 Z019 DU 1HD CITY RECEIVED I , c,-:z , i 4--l-S Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Monday, June 24, 2019 9:31 AM To: Bodnar, Gregg Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<maiIto: repo rt.spam@nc.gov> Hey Gregg, Below are the following numbers for the projects. Standard conditions apply. Paperwork will follow later today. Let me know if you have any other questions! Josh Perry, SAW-2019-00422 Bosomworth, SAW-2019-00936 Walthall, SAW-2019-00769 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, June 24, 2019 9:14 AM To: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.PeIletier@usace.army.miI> Subject: [Non-DoD Source) Projects Hey Josh, Just checking in Walthall Perry Bosomworth Hope all is well and thanks as always, NORTH CARO_INA Environmental Quality ROY COOPER Governor NHCHAEL S. REGAN Secretary LINDA CULPEPPER June 18, 2019 Director DWR Project p 2019-0619 vl Pasquotank County Phyllis R. Bosomworth 301 Breezewood Drive Elizabeth City, North Carolina 27909 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 1703 Rivershore Road, Elizabeth City, NC — Construct/backfill bulkhead, dredge boat basin Dear Ms. Bosomworth: You have our approval for the Impacts listed below for the purpose described in your application dated April 10, 2019 and received by the Division of Water Resources (Division) on May 08, 2019. These Impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of 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) LAMA 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 (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Waters OWl — fill 0.01(acres) 0(acres) Sheet 1 of 1 OW2 —dredging 0 (acres) 0.02 (acres) Sheet 1 of 1 Wetlands W3—fill 0.01(acres) 0(acres) Sheet 1 of 1 RECEIVED ED JUN 2 6 2019 North Carolina Department of Environmental Quality (Division of water Resources - Washington Regiwaroffi.SE CTI ®N M H D 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)) 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment Impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200). Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e., sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. 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 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431- 3000 for Information. RECEIVED D_EQ5� JUN 2 6 2019 North Carolina Department of Environmental Quality Division of Wata Resources - WashinMR-B rEn"C ; ION M H D 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee Is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be fazed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (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 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.oullinger a(7ncdenr.gov if you have any questions or concerns. Sincerely, Relent UP." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Josh Pelletier, LISACE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Lynn Mathis, DCM Elizabeth City (via e-mail) Phyllis Bosomworth (via e-mail: ohvllisb@longandfoster.com) Brian Rubino, Qulble & Associates, PC (via e-mail: brubino0guible.com) Laserfiche �E ,5 ._��. RECEIVED JUN 2 6 2019 North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 MP SECTION MHD OTES. URRENT OWNER: PHYLLIS R. BOSOMWORTH 301 BREEZEWOOD DR ELIZABETH CITY, NC 27909 PIN: 892314447409 PROPERTY ADDRESS: 1703 RIVERSHORE RD. BOUNDARY AND PHYSICAL FEATURES SHOWN BASED ON A SIGNED SURVE J.H. MILLER R. LAND SURVEYING TITLED 'PHYSICAL SURVEY FOR PHYUS DATED 01/03/18, ADJACENT PASQUOTANK COUNTY CIS INFORMATION. M COLLECTED BY QUIBLE k ASSOCIATES P.C. ON 03/15/19 SECTION 404 WETLANDS DELINEATED AND APPROVED BY USACE ON 02t, PROPOSED WORK A. CONSTRUCT NEW 229 LF BULKHEAD B. 511 SF OF TOTAL BACKFILL C. TOTAL SECTION 404 FILL/MPACTS: 147 SF D. TOTAL LAND DISTURBANCE: 8.712 SIF E. PROPOSED MAINTENANCE EXCAVATION TO -2.5 NWL: 744 SF (APPROX 9.0' JON 2 r 20IQ 'i SE` 1 LO. :•z ..raw Orr - A HIS DOCUMENT IS. PRELIMIN OR CO.NSTRUCTI MON, SALES OR CONVEYANC DOCUMENT IS F (DN PURPOSES ONLYI EXISTING I "YATID, lHOWN oy TpiS IS OASFO ON:8EST 10fuIELE DATA AND IS NOT A CE.RIIF/EO $U VCT v IMLXtt4rrON SHOWN YIN THIS DOCUMENT IS SUBJECT TO ANY R(QU, rNIS ATONY AGINM EN�TtY OR AUTHORITY. A450OUTES, P,G, t NOT GUARANI•, THE ACCURAQY THE IFSS OF ANY INFD�hjRI IN THIS DOG9MENT ANO !A NC�k#4, :RRbA 0.4 OM/SS Y LOSSES 0 DAMAGES I{tE$dE1� I HlS, RKOR1�T14N.'.p � IiAsr� � .. PA56WIA14K RNER 1 #msFS RIWRAr/ I([+ r Itl18+S,p�TA ^ I r 5/1E IRELIMINARY FOR CAMA PERMITTING ONLY � C) U Q9' l z Ej•' 0 l� O S a eo 0 a a z O g0 S z as i o zo Z V ti w • t .4 O Noz <Q U w ZZ Qz UpG2 WomO OZR a�o62 ci�Jz 5i., arc In K'pD mrcoo ✓� tOVti zoiZiCa6z>ll2zI wWW P jN; 'YV� NUZNz3-" U 2 Z2OWnA2Od2 �bz APR J :' C10 oW UYF ,yiyYYYi` ' ry1' UmOJUpNJmOO�� W`JW0W 0O0<0UQ Wo FKOMA�L uW U �7 J OI + / z 3 a 3 x m U DCM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(LandownerInformation R@CCIV@CJ Business Name Project Name (if applicable) APR 1 Applicant 1: First Name Phyllis MI R Last Name Bosomworth ®CM -EC Applicant 2: First Name MI Last Name If additonaf applicants, please attach an additional pages) with names listed Mailing Address 301 Breezewood Dr. PO Box City Elizabeth City State NC ZIP 27909 Country jt Paquotank ne No. .339-5151 ext. FAX No. Street Address (d different from above) Qty state ZIP Email phyllisb ® longandloster.com 2. Agent/Contractor Information Business Name Quible 8 Associates P.C. Agent( Contractor 1: First Name MI Last Name Brian Rubino Agent( Contractor 2: First Name MI Last Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-491.8147 ext. ext. FAX No. Contractor 0 Street Address (if different from above) City State ZIP 8466 Caratoke Highway Bldg 400 Powelis Point I NC 27949 - Email brubino®quible.com RECEIVED <Form continues on back> MAY 0 8 2019 DCM-MHD CITY 252.808.2808 .. 1.888.411COAST .. www.nccoastalmanagemont.net corm ul;M Mr-1 (rage 2 of a) tweivea APPLICATION for Major Development Permit 3. Project Location DC M-Er County (can be multiple) Street Address State Rd. d Pasquotank 1703 Riverehore Rd Subdivision Name City state Zip Rivershore Elizabeth City NC 27909 - Phone No. Lot No.(s) (d marry, attach additional page with list) - ext. I . a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Forbes Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade []Unknown Forbes Bay, Pasquotank River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Elizabeth City 4. Site Description a. Total length of shoreline on the tract (tit.) b. Size of entire tract (sq.ff.) 229 LF 39,204 SF (0.9 acres); note: this is one parcel with land on both side of Rivershore Rd. c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a fist) -3 ❑NHW or ®NW L e. Vegetation on tract Maintained grasses, trees, and shrubs. I. Man-made features and uses now on tract Old dilapidated wooden bulkhead. There was a residential home on the landward side of Rivershore Road, but that was demolished within the last year. g. Identify and describe the existing land uses adjacent to the proposed project site. Adjacent properties are private single family residences. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Single family residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is tte proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No cWCEIVED National Register listed or eligible property? <Form continues on next page> MAY 0 8 2TA DCM-MHD CITY 252.808.2808 :: 1.888.4RCOAST :: www.ncconstalmanagemont.net rune u�m mr- n trage o on rt) APPLICATION for Major Development Permit M. (ij Are there wetlands on the site? ®Yes ❑No (it) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None Received APP o. Describe existing drinking water supply source. , City of Elizabeth City public water p. Describe existing storm water management or treatment systems. open space infiltration 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Current use of the property will not change. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Barge, dumptruck, skjdsteer, vibratory hammer will all be utilized for the construction of a new bulkhead and associated backfill and grading. d. List all development activities you propose. A new bulkhead (229 If) is proposed to be constrcuted a maximum of 2 It waterward of the existing dilapidated wood wall that have been washed on in some sections. There will be tie backs with deadmen and backfill. Total associated land disturbance is 8,712 SF, allowing some fill in the yard area. In addition, 744 SF (41 cu yds) of maintenance excavation is proposed in a small existing basin area that has accumulated organic material over the years. See attached project narrative for a detailed desciption of proposed work. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 8,712 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new proposed discharges 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 RECEIVED j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> DCM-MHD CITY 252.808.2808 .. 1.888.4RCOAST .. www.nccoastalmanagement.net rune uum mr- i trays 4 or qI APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to propedy prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Hubert and Beverly McGee Phone No. Address 1609 Rivershore Rd., Elizabeth City, NC 27909 Name Richard and Barabara Adams Phone No. Address 1706 Rivershore Rd., Elizabeth City, NC 27909 Name Clay and Mary Foreman Phone No. Address 1808 Rivershore Ad., Elizabeth City, NC 27909 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiHee, and issuing dates. h. Signed consultant or agent authorization forth, If applicable. 1. Welland 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 Envirorrnental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 ��YC'ZUY�1 Print Name Fkkjl s tcaornwar•`h u b(A c` Signatur 1� l�ilN —�.\�� gAf ��,YP•C, ImeAt Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts REc VEQ ❑DCM MP-3 Upland Development ReceiveCl ❑DCM MP-4 Structures Information WAYu.. .a 8 A"1. Deer_- D CITY 252.808.2808 ,. 1.888.4RCOAST .. www.nccoastalmanagement.net Form DCM MP-2 .Received EXCAVATION and FILL (Except for bridges and culverts) D M-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -I, Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length -37 Width -13 Avg. Existing Depth 1.01 NA NA Final Project Depth 2.5' NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 41 cu yds c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None III) Describe the purpose of the excavation in these areas: removal of organic material that has accumulated in basin ®This section not applicable b. Type of material to be excavated. organic silt d. High -ground excavation in cubic yards. 0 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. on -site, for use as topsoil overlying sand bulkhead backfill b. Dimensions of disposal area. 8,712 sq.ft. This inlcudes the area of disturbance for the project (2 inch lift or less); for use as topsoil to assist with establishing grass cover stabilization. Not suitable for structural fill C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA ❑Yes ®No ❑NA (k) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh I. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (it) Describe the purpose of disposal in these areas: (I) Does the disposal include any area in the water? ❑Yes ®No ❑NA RECEIVED (it) If yes, how much water area is affected? DCM-MHD CITY :: 1.888-4RCOAST :: wwwmcceastalmanagement.net revised: 12,26,06 ®Bulkhead ❑Riprap ❑Breakwater/Sill []Other: Width: Bulkhead: -1 ft C. Average distance waterward of NHW or NWL: 3 it; d. Maximum distance waterward of NHW or NWL: Note: avh 1.5 it waterward of dilapidated bulkhead that is washed / C-a oie6({Jw out in some areas f. (1) Has there been shoreline erosion during preceding 12 e. Type of stabilization material: Bulkhead: Timber piles and vinyl or timber sheetpiling months? ®Yes ❑No ❑NA (if) If yes, state amount of erosion and source of erosion amount information. approximately 2 ft, physical observation g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead baddill 511 SF Riprap— Send Received Breakwater/Sill Other _ i. Source of fill material. AAA sand from local approved mine; imported rock from inland quarry DCM-EC 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? ❑Yes ❑No [_)NA b. (1) Will fill material be placed in coastal weflandstmarsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (fi) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV ❑SS _ (iv) Purpose of fill OWL ❑None (if) Describe the purpose of the fill in these areas: 5. GENERAL a. Flow will excavated or fill material be kept on site and erosion controlled? Silt fence will be used for any grading necessary for bulkhead tiebacks C. (1) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (i) If yes, explain what type and how they will be implemented. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Barge, skidsteer, vibratory hammer d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (if) If yes, explain steps that will be taken to a environmental impacts.CtitlVt� 8 Zurig 252-808-2808 :: 1-888-4RCOAST :: wwwarccoastalmanagement.net revised: 1212&08 `ljlo\7-01°I Date Received BOSO vn wor41n Pro-�,1�03 (L•vers�,ortt 2d.. I Project Name L)CN1-EC Applicants Name � _ Q �� 'il+ t n 0 , Applicant Signature RECEIVED MAY 0 8 2C1;9 DCM-MHD CITY 252-808.2808 ;: 1-888.4RCOAST :: www.eecoastatmanegement.net revised: 12t26t06 Bodnar, Gregg From: Mathis, Lynn Sent: Monday, June 24, 2019 12:04 PM To: Bodnar, Gregg Subject: RE: Bosomworth The proposal is to place it on the lot adjacent to the canal. There is over 8,000sf of land adjacent to the canal. If using just 1,000sf at a distance of 30' from the water, the depth of the excavated material will be only 1.3' deep while decanting. If they were dredging hydraulically I would be concerned, but there is sufficient room for mechanical removal. If concerned there is an additional 30,000sf across the street, but I really am not comfortable transporting sloshy material across the street. Without precautions being taken to avoid any accidents. This is a fairly busy residential street. I would require a site inspection of the spoil retention area prior to excavation. I would even go as far as to requiring staked hay bales if there is concern. I would emphasize that it is their responsibility to maintain the spoil on site and to be undertaken in phases if necessary. From: Bodnar, Gregg Sent: Monday, June 24, 2019 11:32 AM To: Mathis, Lynn <lynn.mathis@ncdenr.gov> Subject: RE: Bosomworth To dewater before placing behind the bulkhead. G From: Mathis, Lynn Sent: Monday, June 24, 2019 11:31 AM To: Bodnar, Gregg <gregg.bodnar(@ncdenr.gov> Subject: RE: Bosomworth For...? From: Bodnar, Gregg Sent: Monday, June 24, 2019 11:30 AM To: Mathis, Lynn <Ivnn.mathis@ncdenr.gov> Subject: Bosomworth Hey Lynn, Do you have spoil disposal site ID? Not much land outside the 30ft buffer. Gregg 7 ; e:: 5 � DEQ owmo.nmr�re�..ma�vgr� /"� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) Greee.Bodna r@ncdenr.eov Email correspondence to and from this address is subject to the North Carolina Public Records Low and maybe disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Phyllis Bosomworth 2. LOCATION OF PROJECT SITE: 1703 Rivershore Road, in Elizabeth City, Pasquotank County, North Carolina. The site is adjacent to a small tributary off of the Pasquotank River. Photo Index: 2006: 237-7741 G 9 Latitude: 36017'10.22" N Longitude: 76012' 04.22" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: March 15, 2019 Was Applicant Present: No — Consultant Present 5. PROCESSING PROCEDURE: Application Received Complete: April 17, 2019 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Pasquotank County LUP Land Classification: Low Density Residential (B) AEC(s) Involved: EW, PTA and ES (C) Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing: Sewer Planned: N/A (F) Type of Structures: Existing: Derelict bulkhead Planned: Replacement Bulkhead (G) Estimated Annual Rate of Erosion: <_4" 7. HABITAT DESCRIPTION: (AREA) GRADE Fit I FXCAVATF (A) High Ground: ES 8,054sf (B) Shallow Water Bottom: EW & PTA 511sf 774sf (C) Wetlands: 404 147sf (D) Total Area Disturbed: 9,456sf (0.217 acres) RECEIVED (E) Primary Nursery Area: No (F.) Water Classification: SC Open: No MAY 0 8 LDM 8. PROJECT SUMMARY: The property owner is requesting a permit tCP. P tihk®4 b7 W9' replacement bulkhead with 511 sf of shallow bottom fill, 2) fill 147sf of 404 wetlands, 3) dredge 744sf in an existing boat basin, and, 4) place excavated spoil on the applicant's property. Phyllis Bosomworth Field Investigation Report Page 2 Proiect Settina The project site is located at the end of 1703 Rivershore Road in City of Elizabeth City, in Pasquotank County, North Carolina. The applicant's property consists of .9 acres and is split by Rivershore Road, with .7 acres on the landward side of the road and .2 acres fronting on an unnamed tributary off of Forbes Bay and the Pasquotank River on the northeast side of the property. All adjacent uses are residential and are situated in a Low Density Residential zone. Currently the property is vacant with the exception of a failing bulkhead. Approximately 147 square feet (SF) of 404 wetlands have been flagged along the edge of the old bulkhead by the US Army Corps of Engineers. In the approximate center of the lot is an existing 57' x 13' boat basin. In 2016 a derelict boathouse was removed from the basin, and the associated dwelling across Rivershore Road was demolished and removed in 2018. Vegetation on the waterward side of the property includes, but is not limited to, loblolly pine (Pinus taeda), bald cypress (Taxodium distichum), groundsel tree (Baccharis halimifolia), sweet gum (Liquidambar styraciflua), cat brier (Smilax rotundifolia), switch cane (Arundinaria tecta), poison ivy (Toxicodendron radicans), and a variety of domestic grasses. There is no known submerged aquatic vegetation (SAV) within the proposed work area, and the area is not recognized by current NCDMF mapping as supporting SAVs. Water depths along the existing bulkhead, range, from -.18' in the basin to -5.11' at the northwest corner of the property. Soundings at the mouth of the creek established an existing average depth of —2.5' entering the river at Forbes Bay. A heavy organic debris layer has formed in the boat basin over the years from overhanging trees. The creek width is —28' at its narrowest point. Situated across from the east facing shoreline is a shore side walkway leading to a dock and boathouse. Further up the unnamed tributary, on the neighboring property, is a 6' wide shore side dock. The waters of the Pasquotank River along the project site are classified as SB, which are primarily recreational and any use specified by the SC classification applies (including aquatic propagation, fishing, wildlife, secondary recreation and agriculture). The property is located in an AE Flood Zone with an average elevation of —3' above normal water level (NWL). The annual rate listed by the applicant's agent as 2'; however, actual erosion over that last 25 years at this site is a is less than 4" per year, and only along the northwest side of the basin. Tidal fluctuation within the Pasquotank River and its tributaries is from wind ties. There are no known archeological sites or historic sites associated within or adjacent to the project area. There are no known inconsistences with the local Land Use Plan or local Zoning Ordinance. Development Proposal RECEIVED The applicants, Phyllis Bosomworth requests a CAMA Major Permit to undertake the following development: MAY 0 8 2L19 DCM-MHD CITY Phyllis Bosomworth Field Report Page 3 1) Construct a 229' replacement bulkhead a maximum of 2' waterward of the existing dilapidated bulkhead alignment and an average of 2.23' waterward of NWL. The proposed alignment will be a maximum of 9', waterward of NWL. The proposed alignment will result in -511sf of shallow bottom fill. Backfill will consist of clean sand from a local source and topped with dredge spoil. The replacement bulkhead will result in a narrowing of the waterbody from 28' to 27' at the northwest corner of the bulkhead and will tie into an existing bulkhead to the west. The bulkhead will also tie into an existing bulkhead on the southeast corner. 2) Wetland fill associated with the replacement bulkhead will be -147 sf. The area in question was flagged by the USACE at the request of the applicant's consultant. 3) Excavation of a 744sf shallow bottom within an existing boat basin is requested and will include the removal of silt and organic debris that has accumulated over of the years. Removal of spoil will be undertaken by long reach excavator and placed on the applicant's property. The current average depth is -1' (Maximum-2.54'), and the proposed finished depth will be--2.5'. Spoil to be removed will be -41 cubic yards (cy) and will be retained on the property and used for fill over the bulkhead backfill sand at an average depth of less than 2". The placement of a thin layer of excavated spoil will occur once the spoil has decanted of excess water, and post bulkhead construction. A silt barrier will be established prior to placement of any spoil. 4) According to the application and plans there will be -8,054sf of high ground disturbance associated with the installation of the new bulkhead and the placement and grading of excavation spoil on the lot. A silt fence will be installed to retain all fill onsite, and remain until vegetation is established. Finished elevations of the proposed bulkhead and backfill will be within 2" of land elevations, and as such should not alter the current drainage pattern(s) on or adjacent to the applicant's property. Anticipated habitat impacts include the following: RECEIVED 1) Loss of -511sf of shallow water bottom habitat from fill associated with the MAY 08 2C j construction of the replacement bulkhead. 2) Temporary disturbance and loss of 744sf shallow bottom habitat from excPMdrMHD CITY below NWL. 3) Loss of 147sf of 404 wetlands. 4) Temporary disturbance of-8,054sf of high ground from dredge spoil and grading. 5) The proposed development will temporarily disrupt animal populations within adjacent waters and the project area. 6) Installation of the proposed bulkhead may result in temporally suspending sediments in the water. 7) Installation of the bulkhead and backfill will not result in a significant increase in elevation of the subject property. 8) During the project construction it is anticipated that noise levels may periodically increase above surrounding background (ambient) levels from heavy equipment. 9) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. Submitted by: Lynn W. Mathis - Date: April 29, 2019 to DM - DM Review Complete: May 6, 2019 1703 Rivershore Road Phyllis Bosomworth Existing Conditions The subject property is located at 1703 Rivershore Road in Elizabeth City, Pasquotank County, NC and owned by Phyllis Bosomworth. The property is waterfront, on a tributary of Forbes Bay on the Pasquotank River, in the Pasquotank River Basin. The property is split by Rivershore Road (total area 0.9 acres), with 0.7 acres on the landward (SW) side of Rivershore Road and 0.2 acres on the waterward side of the road. Until 2018, there was a residential home on the landward side of the property which has since been demolished. The owner will be building a new home sometime in the future. The waterward side of the road has a dilapidated wood bulkhead that has washed out and is in disrepair. There is a portion of the shoreline that contains a small amount of Section 404 wetlands that were created by bulkhead failure and naturalization over time. This area is delineated on the Site Plan and was staked and verified by US Army Corps on 2/28/2019. There is also some additional areas of bulkhead washout that does not contain wetland, but is now surface water due to a greater amount of erosion than the 404 wetland area. The yard area on the waterward side of the road contains some mature trees (cypress, gum and oak) and maintained grasses. Adjacent riparian properties have bulkheading and rip -rap shoreline stabilization which appears to be in good condition. The property across the tributary includes a rooted boat lift, bulkheading and a wood walkway system. This area is subject to wind tides that regularly fluctuate on the order of 2 it. Shown on the base map are water depths collected and normalized to normal water level (NWL) which was evident from a black line on the bulkhead and nearby cypress knees in the water. Proposed Work Proposed work requiring a CAMA Major Permit includes 229 linear feet (LF) of bulkheading with a tieback system. A total of 511 square feet (SF) of backfill below NWL will be required to achieve the preferred alignment. The bulkhead is proposed to be a maximum of 2 ft waterward of the existing dilapidated wall in any location, with an average of 1.5 ft waterward of the dilapidated wall. Since the old bulkhead has washed out in some locations, the total average distance of the new bulkhead from NWL is 3 ft. In addition to the new bulkhead, the owner would like to maintenance dredge the area within a small basin in the central location of the project as shown on the plan. This has collected organic material over the years. Approximately 1.5 ft of material (average) is proposed to be removed from this location to re- establish a depth of -2.5 ft NWL to match adjoining water depths. Currently, during time of low wind tides, the bottom is exposed. This excavation is proposed to be accomplished after the new bulkhead and sand backfill is in place. The excavation area is very close to the edge of shore on all sides and can be accomplished with a back hoe. The excavated material will total 41 cu yds and is planned to be used as a layer of topsoil for the disturbed and filled bulkhead backfill areas in combination with planting and establishing grass. We evaluated the bottom conditions and found there to be an organic -dominated bottom along the proposed bulkhead alignment along the project area. There was no SAV observed and no rhizomes systems encountered. We also reviewed SAV mapping resources obtained from NCDMF and this area is not recognized as having supported SAV. There was a layers of semi -decomposed leaf lifter on top of the substrate. Purpose and Need Ms. Bosomworth recently purchased this property and the bulkhead is aged and in disrepair. This project is dominantly a restoration of existing conditions to maintain adequate protection. RECEIVED Received MAY 0 8 AP4' ii- DCM-MHD CITY )CM-F;' �. .� i ,.�,. ,{ r ' �,_,�j_ _} .. . "i +` .# "".. ._. �� R �Z�.'M.\ ,y J �•� �%' � �6 ��! �w` .t1 4� �1 `.. �. � Y , F.�"!. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: f k�ili5 R. Gosornw: r+h Mailing Address: 301 Br­eezewoo,d Or% tc lt2-'1bsth ( Ify , "C z�9aq Phone Number: 7 S 2 - 331- S 151 Email Address: ?h�il'isb@la�n�a�dFor+zt.tovn I certify that I have authorized Qwble P /aSloc, P. G • Attn ' Bri "n RKbiho t Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 5.ho re Ilne S}cit�l i zai� o-� clnd recigrotii-ro,-, at my property located at _ 1_-�'0 3 9 wz r tid re fU . I E 112A%e fh Glt�jlI AX in Pofsyuof-ovnk County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: i)LUYI r Title 3 / (P / A019 Date This certification is valid through-3 I 1 / 2-0 2 U Received V, 5 i" DCM-EC RECEIVED MAY 0 8 2C?9 DCM-MHD CITY � J Media of Eastern North CaraBrre The Daily Reflector - The Daily Advance - The Rocky Mount Telegram Bertie Ledger - Chowan Herald - Duplin Times - Farmville Enterprise - Perquimans Weekly Standard Laconic - Tarboro Weekly - Times Leader - W Aiamston Enterprise PO Box 1957, Greenville NC 27835 (252)329-9500 STATE OF NC ENVIROMENTAL QUALITY COASTA 401 S GRIFFIN ST STE 300 ELIZABETH CITY NC 27909 Account:135989 Ticket: 293258 D A ��h s ❑Credit Card eck#� Date Paid Copy Line: NOTICE OF FILING CAMA MAJOR Lines: 33 Total Price: $90.75 PUBLISHER'S AFFIDAVIT NORTH CAROLINA Pasquotank County affirms that he/she is clerk of Daily Advance, a newspaper published daily at Elizabeth City, North Carolina, and that the advertisement, a true copy of which is hereto attached, entitled NOTICE OF FILING CAMA MAJOR was published in said Daily Advance on the following dates: Friday, May 10, 2019 and that the said newspaper in which such notice, paper, document or legal advertisement was published, was at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Chapter 1, Sao- tion 597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Chapter 1, Section 597 of the General Statutes of North Carolina. Affirmed and subscribed before me this 10th day of May 2019 (� (Notary Public Signature) v (Notary Public Printed Name) My commission expires k.0 140TARY pUBLIC NOTICE OF FILING OF APPLICATION FOR CAMA MAIOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A.119(b) that ap. plication for a development permit in an AEC as designated under the CAMA was received on 04/17/19. Accordingg to said application, Pfyllb BosomworN proposes to construct a bulkhead with shallow bottom fill, dredge a boat ba- sin, fill wetlands and place excavated spoil on applicant's property at 1703 Rivershore Road, in Elizabeth City. A copy of the entire application may be 5 Grmin 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 05,30119, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project mod- ification may occur based on review & commend by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. 5/10/19 RECEIVED JUN 2 4 19 DCM-MHD CITY Received DCM-EC JAW (4 4�- il� Quible Quible & Associates, P.C. ENGINEERING • ENVIKNMAEMAL SCIENCES • PLANNING •SURVEYING SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED April 10, 2019 Clay and Mary Forman 1808 Rivershore Rd Elizabeth City, NC 27909 RE: CAMA Major Permitting 1703 Rivershore Road Sir/Madam: P.O. rkawel 870 IGBy Ikm k NC 27949 Pt a : 252-491 8141 Pme 252-491 0146 wet, QumCM Received !J NIA-ECN As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes a new bulkhead with associated grading and maintenance excavation of the existing basin. Should you have no objections to this proposal, please check the appropriate statement on the attached form, sign and date where indicated and return the attached form as soon as possible to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Ms. Lynn Mathis, 401 S. Griffin Street, Suite 300, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Brian Rubino RECEIVED MAY 0 8 ) DCM-MHD CITY Quible Quible & Associates. P.C. Po D,m 870 MY Hb k NC 27949 ENGINEERING• ENVIRONMENTAL SCIENCES -PLA14NM-SURVEYING Phq :252d91-8147 SINCE 1959 Fw: 252491-8146 web'. <MiblE< CERTIFIED MAIL: RETURN RECEIPT REQUESTED April 10, 2019 t @ C 2 iVe d Richard and Barbara Adams p, I 1706 Rivershore Rd Elizabeth City, NC 27909 DMEC' RE: CAMA Major Permitting DMEC' 1703 Rivershore Road Sir/Madam: As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes a new bulkhead with associated grading and maintenance excavation of the existing basin. Should you have no objections to this proposal, please check the appropriate statement on the attached form, sign and date where indicated and return the attached form as soon as possible to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Ms. Lynn Mathis , 401 S. Griffin Street, Suite 300, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Brian Rubino RECEIVED MAY 082019 DCM-MHD CITY Quible Quible & Associates. P.C. ENGMEE@NG - ENVRONNEN7AL SCIENCES - PLANWIG - SUMMG SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED April 10, 2019 Hubert and Beverly McGee 1609 Rivershore Rd Elizabeth City, NC 27909 RE: CAMA Major Permitting 1703 Rivershore Road Sir/Madam: PA. 010 870 My Hu k NC 27949 Phq :252-491-8147 Pw: 252471-8145 web'. gVEY9.cw Received APC j t)CM-EC As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes a new bulkhead with associated grading and maintenance excavation of the existing basin. Should you have no objections to this proposal, please check the appropriate statement on the attached form, sign and date where indicated and return the attached form as soon as possible to: Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Ms. Lynn Mathis , 401 S. Griffin Street, Suite 300, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. 'iRkik— Brian Rubino RECEIVED MAY 0 S 2719 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Ph41it s gojormwcr)h s (Name of Property Owner) property located at 1—l03 �tvrrrsLu;re R.C. (Address, Lot, Block, Road, etc.) on Vora } Qn, It'.h,(�aJ��aiaJcRvU,in fl,Zc;6.z Oi4 PQJLvCiVK Cc N.C. ( aterbody) (Cityoa dlorCo) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Received AP'� I DCM-EC WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) or Date I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Owner Information) (Adjacent Property Owner Information) ,'133&0 Number/email address to 4LiRC 'Valid for one calendar year after signature' Signature" Print or Type Name Mailing Address RECEIVED City/State/Zip MAY 0 S 2019 Telephone Number/email address DCM-MHD CITY (Revised Aug. 2014) CERTIFIED MAIL... RECEIPT M1(DomesticInsurance Coverage Provided) M1 p ELI,�ppgH fIT1,M F7�U9 x 1 pqe Ir Pa'Ab 9 t0 0449 kr) 10 Certified Fee 3 S .01) ru p Return Receipt Fee PosUnark p (Endorsement Required) C , 0U Here p Restricted Delivery Fee p (Endorsement Required) Received Fl � Tobi Postage 6 Fees $ � � � 04/11 /2014 ru $6. , APR 1 i!'' r` enr W /11 p(Z F n rn d rJ ry woxNo. ivf/iS► ��... o.7ff ..... C3 D $ -.DCM-EC ..._.._'9 U.S. Postal r CERTIFIED MAIL,. RECEIPT m (Domestic Mail Only; m m p p ELIZABETH �111 ,, 27909 9 a� Er Pu 4 � 0444 1 CI ru certifiedFae 3, uu p Return Receipt Fee Postmark p (Endorsement Required) �. .00 Here p Restricted Delivery Fee p (Endorsement Ragr ed) m $0. .A To1a1 Portage t Fees $ (0 Q $— 04/11 /2019 N $7. M1 m Kbo—} 1 PwP? ..................... r .. Postal CERTIFIED MAIL,,. RECEIPT p! .a (Domestic Mail Only" m p C3 ELI A TFi CITjINC �7g�191 a 9 -s o y � 47 E m D- ` Pos% 'J ,: 0449 Lrl Certified Fee 3 _ CI. [)1) 10 N p p Return seme t u Fee (Endorsement Required) .410 Postmark Here p Restricted Delivery Fee (Endorsement Required) p co fU. Total Postage & Feea 04/11 /2019 /y L-y C ru $6. , or PO Box NI- / .ZUi4.._...Z_U.._..5.._ii........_/S.Sii� L`' K (+4 r1 I1G n JJ 41 ieie: S6i� - ............... etc a�y�xa RECEIVED MAY 0 8 DCM-MHD CITY ■ Complete Items 1, 2, and 3. �' 1 J\ Vw. awns ■ Print your name and address on the reverse X t Cm, � O so that we can return the card to you. .0 KL� ■ Attach this card to the back of the mailpiece, Ml Received by C. Date or on the front if attains permits. woo v e (- 6, r M.�(' VK) �ltabPQ'? 4 dRe uF2 I /k CPP2 )OD9 �)11R1S�dlLQ �.C-- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII�I IIIIIIII 9590 9402 3917 8060 6763 95 D. Is delivery addreiss different from Rem 1? t➢ Yee It YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mal Exweas® ❑ Apult Signature ❑ Registerlo Mahn• ❑ /(dolt sgnature Restricted Delivery ❑ Registered Mad Restrlch Certified Mal® Delivery I0 Cerllfeo Mal Restricted Dim" ❑ Rattan Receipt for 0 Gaped on Delivery Merchandise '_l Collect on Delivery Restricted Delivery ❑ signature Confirmation^ n aA4Jo Nrnnhef lrlen5/Bl from service IabBlf 0 hawed Mail 0 Signature Confirmation 7007 2680 0002 5930 0353 a i'Rea"`edD""e" Reea<tadDallr«y PS Form 3811, July 2015 P3N 7a3o-02-000-9= Domestic Return Receipt a ■ Complete items 1, 2, and 3. 'S ■ Print your name and address on the reverse X { so that we can returnthe card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I t 9ased tp I � ' 1 s I I D. Is delivery address ry addr from ifem 11 U Yes Ip0-D)t-sY. 1 M r l_Jr1131J) If YES, enter delivery address below: ❑ No 1 1 V P� /S� ivUi2� �d ll"I.0 �qoq IIIIIIIII IIII IIIIIII I IIIIIIIII IIIII IIIII II III 9590 9402 3917 8060 6765 17 (Transfer from service faben 7007 2680 0002 5930 0360 PS Form 3811, July 2015 PSN 7530-02-ODO-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Q to ki PO-nm as 1 �litS-` Q )L A s:1 O U '160) k) r eo Lx4)\ r1.e RECEIVED ;3.� 9 U� ,,,AY o g IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIIIIIIIIII 9590 9402 3917 8060 6764 01 DCM-MHD CITY 2. Article Number (Transfer from service label) Delivery Delivery Restricted Delivery A. X ❑ Pdority Mail Ezpresse ❑ Registered MalT" 0 Registered Mail Restricts Delivery ❑ Ralwn Receipt for Merchardise ❑ Signature Confirmation"' ❑ Signature Confirmetion Restricted Delivery Domestic Return Receipt D. Is deVery address different from Item i? ❑ Yes R YE$ enter delivery address below: ❑ No Service Type ❑ Priority Mail Express® Signature ❑ Registered Mail'" ult Signatue Reshcted Delivery El Re Mail Restrkter dlped Male DeWBry Certified Mail Restricted Delivery ❑ Retum Receipt la Collecton Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature ConfvmatdnT" hlswld Mail ❑ signature C Imnatlon — bowed Mail Restricted! Delivery Restricted Delivery 7007 2680 0002 5930 0377 wreraSoot - PS—rm Form , Ju 5-PSFf7Si0�2=IXAF90Ss-- Domestic Return Receipt iil ]iB � Il�llll�llllln!III III This document presented and riled: OWI SM17 04 33 a8 PM JOVCE W. PRITCHARD. Pasqumank County NC Excite Tar $300 00 PASQUOTANK COUNTY Deed number Transfer tax $ �SOV_�.r/Sih Delinquent tax S �� Pasquolsnk Couruy Asscs.joes Office NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. 892314447409 Verified by County on the _ day of _, 20_ By: Mail!33ox to: Trimpi & Nash, LLP, 200 N. Water St, Ste 2A, Elizabeth City, NC 27909 This instrument was prepared by: Thomas P. Nash, IV Brief description for the Index: 1703 Rivershore Road THIS DEED made this I8a day of August, 2017, by and between Melvin E. Powell, unmarried 311 W Church Street Elizabeth City, NC 27909 Pht4lis R. Basomsvorth 301 Breezewood Drive Elirubeth City, NC 27909 Enter in appropriate block for each Grantor and Grantee: Name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parries, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter a required by context. WITNESSED I, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwfikh is hereby acknowledged, has and by ll a presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain IN or parcel of land situated in the City of Elizabeth City, Elizabelh City Township, Pasquolank County, North Carolina and more particularly described as follows See Exhibit "A" attached hereto and made a pan hereof The property hereinabove described was acquired by Grantor by instrument recorded in Book 1/ , Page 7_7 , Pasquotank County Registry. All or a portion of the property herein conveyed _ includes or _& does not include the primary residence of a Grantor. A map showing the above described property is recorded in Map Book ____ . Page _, _ _ _ , _ _ County Registry. This instrument prepared by Thomas P.Nash, IV, a licensed North Carolina attorney. Delinquent taxes, ifany, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. RECEIVED MAY 0S2019 DCM-MHD CITY Received Aft" 5- K") DCM-EC TO HAVE AND TO HOLD the aforesaid IN "parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the sonic in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whornsoever. other than the following exceptions' Easements, restridions, rights of way of record, public service utility easements, if any and 2017 Ad Valorem Taxes. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. l O_ (SEAL) wn Powell STATE. OF NORTHCAROLNA COUNTY OF PASQUOTANK �\ 1, it t In I �- I LI , a Notary Public of the Ceuntvsand State aforesaid, certify that Melvin E. Powell personally came before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and official seal, this the if,'s; _ _ day of 2017. Notary Public _ tt MyCommission Expires: Sdwsr• s..` CARIA H, POR IfR `1 , X > \�( Noth rY Pu b N c COr OlinO Cor tU O I CU:nr RECEIVED MAY 0 8 C 9 DCM-MHD CITY Received DIME EXHIBIT "A" TRACT ONE: Beginning at an iron pipe on the North margin of Parkview Drive in the City of Elizabeth City at the Southeast corner of the lot of Joe Flickinger and running thence North 0° 20' East 118.95 feet to an iron pipe; thence South 39' 15' East 70.3 feet to an iron pipe located at the Southwest corner of the lot of John Frisby; thence North 500 25' East 166 feet to an iron pipe located in the Western margin of Rivershore Road; thence along said Rivershore Road South 39' 32' East 100 feet to an iron pipe; thence along said Rivershore Road South 390 11' 30" East 172.5 feet to a nail located at the intersection of the West margin of Rivershore Road with the North margin of Parkview Drive; thence along the North margin of Parkview Drive North 720 16' West 60.7 feet to an iron pipe; thence along the North margin of Parkview Drive North 790 41' West 74.2 feet to an iron pipe; thence along the North margin of Parkview Drive North 86" 43' West 145 feet to an iron pipe; thence along the north margin of Parkview Drive North 890 33' West 70.18 feet to an iron pipe, the place of beginning, and being the same lot of land upon which the house numbered as 1703 Rivershore Road is situated, and as is more particularly described on a plat prepared by S. Elmo Williams, Registered Surveyor, dated October 8, 1979. LESS AND EXCEPT: Beginning at an iron pipe situate on the Northern margin of Parkview Drive, the same point being the Southwest comer of the First Tract conveyed to Thomas S. Watts, et ux, by Coston L. Sawyer, et ux, and also being the Southeast comer of the lot of Joseph R. Flickinger, and running thence S 89° 33' E 20 feet along the Northern margin of Parkview Drive to a point; thence N 0' 20' E 95 feet more or less to the line of John Frisby; thence N 390 15' W 60 feet more or less with the line of John Frisby to an iron pipe at the Northwest comer of the First Tract conveyed to Thomas S. Watts, et ux, by Coston L. Sawyer, et ux; thence S 0° 20' W 118.95 feet along the eastern line of the lot of Joseph R. Flickinger to an iron pipe on the Northern margin of Parkview Drive, the point and place of beginning. Said tract consisting of a strip of land 20 feet in width, running Northwardly from Parkview Drive between parallel lines, to the line of John Frisby, and being a portion of the First Tract conveyed to Thomas S. Watts and Marguerite P. Watts by Deed of record in Deed Book 414, Page 208, Pasquotank Public Registry. TRACT TWO: Beginning at an iron pipe situate on the Eastern margin of Rivershore Road in the City of Elizabeth City at the Northwest comer of the lot of Robert Lowry and running thence along the East Margin of Rivershore Road North 39' 32' West 100 feet to an iron pipe located on the East margin of Rivershore Road at the line of John Frisby; thence along the Frisby line North 50' 25' East 141.1 feet to an iron pipe set at the margin of a creek; thence South 170 40' West 81.22 feet along said creek to the Northeast comer of a boathouse; thence South 96' 15' East 38.2 feet to a point upon said creek; thence RECEIVED MAY 08L0j DCM-MHD CITY ?eceived 0CM-E C along said creek South 490 14' East 30.18 feel to the property of Robert Lowry; thence South 50° 25' West 105.8 feet to an iron pipe, the point of beginning, all as is more particularly described on a plat prepared by S. Elmo Williams, Registered Surveyor, dated October 8, 1979. RECEIVED MAY 0S"'; DCM-MHD CITY Received Ao' r KWIC ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTDN C. DAVIS Director Phyllis Bosomworth 301 Breezewood Drive Elizabeth City, NC 27909 Dear Ms. Bosomworth: NORTH CAROLINA EnYb0119MfOt Quaft May 7, 2019 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at 1703 Rivershore Road, in Elizabeth City. It was received complete on April 17, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is July 1, 2019. 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 April 17, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will 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 MAY 0 S 20119 DDCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 Phyllis Bosomworth May 7, 2019 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 me if you have any questions and or if you wish to receive a copy of the field report. Sincerely, Lynn Mathis Field Specialist NC Division of Coastal Management LM/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Vacant, District Manager, DCM, Elizabeth City, NC Brian Rubino, Quible & Associates P.C. RECEIVED MAY 0 8 DCM-MHD CITY RECEIVED MAY 0 S 2019 DCM-MHD CITY _No, T I _ r/ CAMA PERMIT APPLIED FOR PROJECT: Construct a replacement bulkhead with 511 sf of shallow bottom fill, dredge 744sf in an existing boat basin, fill 147sf of 404 wetlands and place excavated spoil on the property. C�(V11V1tZi"°J 3 6 AU;GEPTED THROUGH May3o, 2019 APPLICANT Phyllis Bosomworth 301 Breezewood Drive Elizabeth City, NC 27909 252-339-5151 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW. Lynn Mathis 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 234 CoaFtal Management F.NVinq NMFNTAL OVA' i-v EMAIL MEMORANDUM TO: The Daily Advance Legal Advertisement Section edalegals@dailyadvance.com FROM: Ella Godfrey, Administrative Assistant DATE: May 7, 2019 SUBJECT: Public Notice — Phyllis Bosomworth ACCOUNT: #2119219, NCDENR/Stadiem ROY COOPER Gou•nrv.r MICHAEL S. REGAN BRAXTON C. DAVIS Director Please publish the attached Notice in the Friday, May 10, 2019 issue of The Daily Advance. Please note that this is for a one -day, (in print only) publication. 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 Melissa Sebastian, 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: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Tricia Smith, Public Information Office, DCM, Raleigh RECEIVED Melissa Sebastian, Accounts Payable, DCM, Morehead City File MAY 2019 DCM-MHD CITY "Nothing Compares State of North Carolina I Enironmemal Qtallty ICwa ml S7vtagement 401 S. Griffin St.. Supe 3001 F.Iimbeth City. NC 27909 252-264-39011252.331-'951 Ifaxl 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 04/17/19. According to said application, Phyllis Bosomworth proposes to construct a bulkhead with shallow bottom fill, dredge a boat basin, fill wetlands and place excavated spoil on applicant's property at 1703 Rivershore Road, in Elizabeth City. 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 05/30/19, 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: Friday, May 10, 2019 RECEIVED MAY 0 S 2019 DCM-MHD CtN Cashier's Official Receipt 7643 ((� C D Received From: ALL Permit No.: Applicant's Name: Project Address: _1 )1)3 /\eye s4/e /6- C! J Date: 20 LI Check No.: �35 County: & efzo /,, Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: A -.'/ Signature of Field Representative: (� �A / C %w Date: Date: RECEIVED MAY 0 8 2019 DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant: ����'s D°S<M /JOA# elopment Type Fee DCM % DWQ % FoTdeve (143001601 4351000931625 6253) (243001602 435100095 2341) Pre, non-commercial that does not $250 100% ($250) 0% ($0) the filling or excavation of any wetlands n water areas:lic or commercialopment that does not $400 100%($400) 0%($0) e the filling oration U of any wetlandsn water areas: Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, 8, C, or D below a lies: III(A). Private, non- cEl ommercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional RECEI review and written DWQ concurrence is needed MAY 0 8 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% ($190) excavation of more than one acre of wetlands and/or open water areas: ED 1121 CITY NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Urr submittal (EX: as complete" in the Permit Authorization: CAMA ODredge & Fill ZBoth SITE DESCRIPTIOM/PERMIT INFORMATION City Long.: 78'12'04.22'W PNA: Yes ONo Photos Taken: Yes 0 No❑ Setback Required (riparian): Yes ONo Critical Habitat Yes ONo Not Sure 15 foot waiver obtained: ❑Yes No Hazard Notification Returned: ❑Yes ❑No ®N/A SAV. Yes RNo ❑Not Sure Shell Bottom: ❑Yes No Not Temporary Impacts: Yas No Sure Sandbags: 0 Yes ZNo ❑ Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP:®Yes ❑No []Yes ®No Moratorium Conditions: ❑Yes ®No Environmental Assessment Done: ❑NA ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Ll Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) Outstanding Resource Wafers (ORWJ WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Sallcomia sp.) wetlands) El (CJ) Saw grass (Cladlum jamaicense) (SA) Salt marsh cordgrsss (Sparfina (SY) Salt reed grass (Spartina altemiftors) cynosuroldes) (OS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TV) Cattail (Typha sp.) spicata) SO ❑ (JR) Black needlerush (Juncus ❑ (SP) SalNmeadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 0 III(A) Private w/ D&F up to 1 acre; 0 lll(D) Priv. public or comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modirrgation to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than I acre - $475 El Pemtit Transfer- $100 0 Ill(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 El Major development extension request - El IL Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ Ill(C) Prfv. public or comm w 1D&F to 1 MA acre; 3490 can be applied; DCM needs DWQ agreement - $400 D Cf ry Applicant., Phyllis Bosomworth Date: April29, 2019 Describe below the ACTIVITIES that have been applied for. Aft values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Number TYPE Choose REPLACE Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 229' Shallow Bottom % New Work 9 Replace 223' Fill -Below Maint ❑ ®Y ❑ N AWL Shallow Bottom I New Wbrk 0 Replace 57' 13' Excavation Maint ❑ ❑ Y ® N High Ground I New Work 0 Replace 100' 80.54' Gradiniz Maint ❑ ® Y ❑ N Weiland Fill I New Work Replace 40' 3.67' Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑YQN New Work Replace Maint❑ ❑Y❑N New Wbrk= Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Matnt ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Woik Replace Maint ❑ ❑ Y ❑ N RECEIVED MAY 0 8 2n'y DCM-MHD CITY Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact lem impacts) impact amount) temp im acts amount Shallow Bottom Dredge [IFtl ® Both ❑ Other ❑ 1,255sf 1,255sf High Ground Dredge ❑ Fit ❑ Both ❑ Other ® 8,054sf 8,054sf Wetlands Dredge ❑ Fit ® Both ❑ Other ® 147sf 147sf Shoreline Dredge ❑ Fit ❑ Both ❑ Other ® 229' 229' Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Ftl ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ RECEIVED MAY 0 S %'G�`i DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 8, 2019 MEMORANDUM. NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnar(dricdenr. gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Phyllis Bosomworth Project Location: 1703 Rivershore Road in Elizabeth City Proposed Project: Construct a bulkhead, dredge a boat basin, and fill 147sf of wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepp Bodnar at the address above by May 29, 2019. If you have any questions regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached" PRINT NAMI AGENCY SIGNATURE DATE 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. �1- ` North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 RECEIVED MAY 08, DCM-MHD CITY DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Phyllis Bosomworth Distribution Date: 5/8/2019 AGENCY ECRO Cheryl Eggar Community Development/LPO Charlan Owens Euz city DCM Planner US COE: Josh Peletier — (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotonk, Washington) Community Assistance Lee Padrick (Beaufort, Carteret craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure INo longer public water Supply) Clif Whitfield Marine Fisheries Shane Staples WARD/ECRO NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hilliard Sheri Montalvo DEMLR/DWR: DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Anthony Scarbraugh WRC Maria Dunn (WARD) National Heritage Program Rodney Butler RECEIVED MAY 0 8 C`3 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\Coinjock Marina\Maj Comment Distribution Sheet - Bosomworth.docx Revised: 6/29/2018 URRENT OWNER: PHYLLIS R. BOSOMWORTH 301 BREEZEWOOD DR EUZABETH CITY, NC 279D9 PIN: 892314447409 PROPERTY ADDRESS' 1703 RIVERSHORE RD. BOUNDARY AND PHYSICAL FEATURES SHOWN BASED ON A SIGNED SURVEY COMPLETED BY J.H. MILLER JR. LAND SURVEYING TITLED 'PHYSICAL SURVEY FOR PHYLIS R BOSOMWORTH' DATED 01/03/15, ADJACENT PASCUOTANK COUNTY GIS INFORMATION, AND FIELD DATA COLLECTED BY 0U1BLE & ASSOCIATES P.C. ON 03/15/19 SECTION 404 WETLANDS DELINEATED AND APPROVED BY USAGE ON 02/28/19 PROPOSED WORK A. CONSTRUCT NEW 229 LF BULKHEAD S. 511 SF OF TOTAL BACKFILL C. TOTAL SECTION 404 FILL/IMPACTS: 147 SF D. TOTAL LAND DISTURBANCE: 8.712 SF E. PROPOSED MAINTENANCE EXCAVATION TO -2.5 NWL: 744 SF (APPROX 41 CU YRDS) +/- 9.0, PROPOSED NEW BUU(HEAD PPOYJYD BAp3LL BULKHEAD CROSS SECTION - A TITFMM RIG, R OOQS .n ILABLE DATA AND IS NOT A DOCUMENT IS SUBJECT TO Ef OR AUTHORITY. NOT GUARANI(((( EHE ACCUR " THIS OOyg111/ENT ANOI 0 22 a ti W t I r'A t . . P/D 8429 hA r' "fir' i1 PF Exc 41 ( y 2'r "' TK 1 1\ •' EA15T?wl x K ty� /'61T �+ r $17 j„ �i115�19 stl r' /1 NP I � ss � m t':. 147 PARK01 h _o BZB'n�e� i9i ' O 221.Mm m U „ •Zj-�NuIUI �2T 2�ZV PASCWFAW h ` 3h RIVER 22 '^ �IN� Z IiRdE58A✓) J W p-, m Y ki ••L _ �1` ,�owop=m ae 1� VuV� -mmoe RIYfRhICRE RD N ,. I 1 w SITE T/1?:w on�oo rR �s� eNwg wZ arc Z>5J'\',n is c p�izuV c° ''vv ww7 mnov w ® PRELIMINARY FOR CAMA "> PERMITTING ONLY NEW \ 229 CIF BULKHEAD ftLKWAO hvw O U �E: Y l� O S 0- 4 R� 0 D_ R� 0 0 0 ao 0 Z 7= qo ! U O O w 0 Z>Z U K<Z W a. . L✓.. v Z I e" �__ tM ZW<6wm OVWOUZJ� pSSOu�WILL O2p )V1 rn JO4 yIOW ZI�W°Ui v10J Fjmog w F Z 1.i W I� yl U Y OI m URRENT OWNER: PHYLLIS R. BOSOMWORTH 301 BREEZEWOOD DR ELIZABETH CITY, NC 27909 PIN: 892314447409 !. PROPERTY ADDRESS: 1703 RIVERSHORE RD. I. BOUNDARY AND PHYSICAL FEATURES SHOWN BASED ON A SIGNED SURVEY COMPLETED BY J.H. MILLER JR. LAND SURVEYING TITLED 'PHYSICAL SURVEY FOR PHYUS R BOSOMWORTH' DATED 01/03/18, ADJACENT PASOUOTANK COUNTY CIS INFORMATION, AND FIELD DATA COLLECTED BY aIBLE & ASSOCIATES P.C. ON 03/15/19 SECTION 404 WETLANDS DELINEATED AND APPROVED BY USACE ON 02/28/19 PROPOSED WORK A. CONSTRUCT NEW 229 LF BULKHEAD B. 511 SF OF TOTAL BACKFILL C. TOTAL SECTION 404 FlLL/IMPACTS: 147 SF D. TOTAL LAND DISTURBANCE: 8,712 SF E. PROPOSED MAINTENANCE EXCAVATION TO -2.5 NWL: 744 SF (APPROX 41 CU YRDS) I.o' PROPOSED / NEW BUIXHEAO wvlla/ Yawl I /%: JON 2 F Znlo / �1 / � P E CTIO RRDIAMRAD CROSS S6CT10N - A 15 EOCUS(ENT IS. PRELIMINARY v�`I FOR CONS TRUCTIO TION SALES OR CONVEYANCES TNt DOCUMENT. IS I" ON PURPOSES OHLY1 EXISTING INFORMATION SHOWN T o$ BASSO ON,BEST AVAI ABLE DATA AND IS NOT A CENT ' So VEY. SHOWN DW THIS DOCUMENT IS SUBJECT TO ANY A ENTS CRY AGINLY, EN'ITY OR AUTHORITY. pp�� TES. P,0. OpDQ�DS NOT GUARANI THE AOGU ANY INfDI�Xrl0ry IN THIS D ENT tWSE;ATNY. LOSSES +AMA W MT HGiKIff-ALI _ • 1 - �+ I f � K NWL 2fs'x ,' � .. EXIS)7M5 c 3/15/19 51, �'• t /'BOA7 , ffALRT J2 AA47 Pro B473 6F4iO101 P/o 842 NaN COASTAL` 31%40604 WETLANDS., PROPOSED A TO BE FII.LED 511 SF 147 SF c,. xdt4r BACKFILL \ p cr BELOW a ,NVh. PROPOSED\ PROP6SED \ EXCAVATION 229 LF 744 SF / BULKHEAD,\ APPROX X-4sr 41 CU YRDS tt 9A.KINEAD •+—. .,. PARK✓7EYV DRIVE o E ADAAS PA5GWFAW RIVER l (%c RIVER R Ii{r RneeSIA:roEw o iZ Y'nn c V q Zq - g)64 �c Z wCl, N Y •C N � 1N'1 F !�^� V WNyW j•mmn r .w•Jo) �2W g�.yrN ONN(y WO�uyyN 22u •V W W T N G V G IRELIMINARY FOR CAMA PERMITTING ONLY z 7 L) \ N �A O S O ' 0 Q QI O 0 y x = w aKo z r U_ F4 a2a e iZ o L' '• M w 11 0 oz< o <Om<Z ON � R o czi 4w a O J aoj z POCC� T. 1 t aN 0 00 VM, WZOW <ZWW �P/r� �/,�I IRe4v' = sic -TV =Mlmo'zmg-a• O<-VIWozs? 3OZ Z M APR 1 ' IMI 1tl2�OdwJ OD,00 �W ��: �)<)N� WRZ U=]WFO Sm�or U `` W r$ �La gg ���l ZW0j2 10 ~y7 UW 1�\ •�il V F a I. LLNO � o' 4Fi oITs., o