HomeMy WebLinkAbout83-19 Zwerling, CharlesPermit Class
NEW
Permit Number
83-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Charles Zwerling 2709 Medical Office Place Goldsboro NC 27534
Authorizing development in Carteret County at adj. to Bogue Sound at 150 Headen Lane, in Salter
Path , as requested in the permittee's application dated 6/28/19, incl art workplan drawings (4), "Survey" dated 5/20/19,
1 of 5 dated "Rec DCM-MHD City 7/30/19", Page 2 of 5 dated 6/27/19 and Page 3 of 5 dated "Rec DCM-MHD City 7/12/19".
This permit, issued on October 18, 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
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanenf part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) Prior to the initiation of construction activities, the waterward extent of the adjacent riparian access
areas to the east and west shall be surveyed and marked in accordance with the attached workplan
"Survey" dated 5/20/19. The riparian markings shall be readily visible for inspection by Division of
Coastal Management staff until construction is complete.
(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 of DEQ and the Chair
of the Coastal Resources Commission.
���
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Charles Zwerling Permit No. 83-19
Page 2 of 3
ADDITIONAL CONDITIONS
3) No portion of the authorized docking facility, including but not limited to tie -pilings, shall exceed the
dimensions as depicted in the attached workplan drawings.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This permit authorizes a maximum of 5 formalized boat slips.
7) The docking facility shall display a sign showing the location of the nearest pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) Should either lot to the east or west be sold prior to the initiation of construction of the docking facility,
the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian
corridor setback and submit it to the Division of Coastal Management prior to initiating construction of
the docking facility.
As -Built Survey
10) An as -built survey shall be performed on the docking facility, and copies of the survey provided to the
Division of Coastal Management, within 60 days of completion of construction of the project.
General
11) This permit does not authorize any excavation or filling of vegetated wetlands or open water.
12) 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.
13) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
Charles Zwerling
Permit No. 83-19
Page 3 of 3
ADDITIONAL CONDITIONS
14) 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 197800056 (Action ID SAW-2015-01289).
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. 2015-0516 V2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 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 high water level.
NOTE: An application processing fee of $250 was received by DCM for this project.
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant:
Type: (Check all that apply)
New Major Mod Permit# Minor Mod —Renewal Transfer
Permit Coordinator:_.(
Field Representative: a� _Lanp I __—
Date Time Messa e
�LC'W ,.s/ err 1 1
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1Sd 440 ^4'-f S. .,x Ca,tk pro.COS.VCS t4c, �% ao v)",'4 1(c
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DCM Coordinator: Permit #: 453 t 7
MAILING DISTRIBUTION SHEET
DCM Field Offices
Elizabeth City q
Morehead City DQ
Washington
Wilmington
US ACOE Offices:
(with revised work plan drawings)
l-f- 277s3L(
'Il,Se la/dtxX-c.
or�
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
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
Heidi Cox (WIRO)
Sh tape
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Curt Weychert
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Cobum — 401 (Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD) J (NCDOT) Travis Wilson
Natural Heritage Program Rodney Butler
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Fax Distribution: Permittee #: Agent#
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WORK MAP
SURVEY FOR
Charles S. Zwerling
150 Heeden lane — Salter Path, NC 28575
Deed Book 1414 Page 422 & Map Book 18 Page 48
Surveyed By a'�w•a••
, aldbao .94 �P.bnwislg ��NCAN";+„ .v
L-I NEWPORT, NMe Cai ymM70
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ON MP-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
Business Name
7"7
7NameJ
Applicant 1: First Name
G
Applicant 2: First Name
MI
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
60 ,
State
R
ZIP
Country
Phone No.
ext.
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
'7- U)
Business Name
Agent/ Contractor 1: First Name
MI
Lash
Agent/ CoAActor 2: First Name
MI
Last Name
Mailing Address
PO Box
c(iiit�ty��
State/
J0.�
%V
ZIP
Phone No. 1
Phone No. 2
/
J95rr„V
`C`
CContractor
� �ext.
- -
ext.
FAX No.
#
Street Address (if different from above)
City
State
ZIP
Email
RECEIVED
<Form continues on back>
2 NO
252-808-2808 .. 1-888-4RCOA5T .. www.nccoastalmon agW a ItV
Form DCM MP-1 (Page 2 of 4)
County (can be multiple) Street Address
C'OkAere�Wo
Subdivision Name City
Se
Phone No.
5Ye'-R9 -%&5� ext.
a. In which NC river basin is the project located?
c. Is the water body identified in (b) above, natural or manmade?
Natural ❑Manmade ❑Unknown
e. Is proposed work within city limits or planning jurisdiction?
§QYes❑No /�
chr�rw� L-LJ11 �. W
APPLICATION for
Major Development Permit
State Rd. #
State P
r �a. VAC. DIUgl.
Lot N��o.(s) (if many, attach additional page with list)
b. Name of body of water ne rest to proposed project
�DA�e SDU
d. Name th seat major water body to the proposed project site.
�bage SOUAA
i. Iflf applic, list the planning jurisdiction or city limit the proposed
work falls within.
COLA* rA+ Cb I 1 • f 1/
1 2
a.
Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
45 `I
at--
c.
Size of individual lot(s) d. Approximate elev ion of tract above NHW (normal high water) or
u
11u QC. NWL (normal water level)
(If many lot sizes, please attachadditionalpage with a list) WNHW or❑NWL
e.
Vegetation on tract
\i0► &
f
Man-made features and uses now on tract
�Aa;
g.
Identrfy and1tlescnbe Ibb existing land uses adiacent to the proposed project site.
FC��Q MN
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
?-01iltA
PqYes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes KNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes WINO ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ,JANo ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
JUL 12 2019
2 5 2 - 8 0 8 - 2 8 0 8 .. 1-888-4RCOAST .. www.nccoastalma rl aM191- EYCITY
�_. .i rYl l'7U li
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
m. (I) Are there wetlands on the site?
(ii) Are there coastal wetlands on the site?
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
p. Describe existing storm water management or treatment systems.
Major Development Permit
[]Yes
❑Yes MINo
❑Yes [:]No
54vrQpacts,
a. Will the project be for commercial, public, or private use? Mcommercial ❑PubliclGovernment
O ❑PdvatelCommunity
bGive a brief description of purpodle, use, and d ily operations of the project when complete.
►1 boob S1-t te*W
NXSCALt,
c. Describ 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. Q `;
woea frQ" a tx W,4' f;vo b1o&Y +s
he .54prlba c\t&'t&'Ad i n sEi WAr d
d. List all dev lbpment activities you propose.
J X** &)\ Ue MJ S\;
e. Are the proposed activities maintenance of an existing project, new work, or both?
f. What is the approximate total disturbed land area resulting from the proposed project? ZSq.Ft or ❑Acres
D
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes XNo ❑NA
that the public has established use o% We
h. Describe location and type of existing and proposed discharges to waters of the state.
Doi ear 'a f
i. Will wastewater or stormw be discharged into a wetland? ❑Yes ❑No XNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No JaNA
j. Is there any mitigation proposed? []Yes ❑No A
If yes, attach a mitigation proposal.
Ktt'tlVtU
<Form continues on back>
JUL 12 2019
252.808-2808 .. 1-888-4RCOAST .. wwwnc c o o s talmana
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallnfonnadon
In addition to this complefed application form, (11,11P-1) the following items below, if applicable, must be submitted in orderfor the application
package to be complete. Items (a) - (Q are always applicable to any major development application. Please consult the application
Instruction booklet on how to properly prepare the required items below.
a. A project narrative. f�
b. An accurate, dated work plat (including plan view and cross-sectional)Tswings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? I previously uthoErizGd work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed. 11\
c. A site or location map that is sufficiently clef led to i e a cy arson el, n( ilia with a area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims tifie 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 Vecwh, — Tip, 1 ` Phone No.
'tY l�
Address N SaV Ct ---- (,� � 2-)
Name D\W%(Sts\ Phone No.
"INCAddress `)-y S�:i�. SA%r
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dales.
h. Signed consultant or agent authorization form, if applicable.
I. Welland delineation, if necessary. ROL
1T
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public fu ds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date iO 41 Print NameAOL
Signature _
Please indicate application attachments pertaining to your proposed project. RECEIVED
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
K7DCM MP-4 Structures Information JUL 12 2019
DCM-MHD CITY
252-808-2808 :: 1.888-4RCOAST :: www.neconstalmanagement.net
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (1) Is the docking facility/marina:
Commercial ❑Public/Govemmenl ❑Private/Community
c. (i) Dock(s) and/or pier(s)
(ill Number
(ill) Length
(iv) Width
(v) Floating []Yes ItNo
e. (i) Are Platforms included? ❑Yes CRNo
If yes:
(ti) Number
(ill) Length _
(iv) Width
(v) Floating []Yes []No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
(ii) Number of slips existing
0
I- Check the proposed type of siting:
❑ Land cut and access channel
[]Open water, dredging for basin and/or channel
Open water; no dredging required
Other; please describe:
k. Typical boat length: /, 1
in. (i) Will the facility have tie pilings?
❑Yes Aio
(it) If yes number of tie pilings?
❑This section not applicable
b. (1) Will the facility be open to the general public?
Yes ❑No
d. (1) Are Finger Piers included? A,Yes ❑No
If yes:
(ii) Number
(ill) Length
u
Z.t
(iv) Width
(v) Floating
[]Yes kNo
f. (i) Are Boatlifts
included? gYes ❑No
If yes:
If
(ii) Number
_
(ill) Length
t Z r
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies /
I*tockage ("wet slips") only, number of slips:
P1 Dry storage; number of boats: _
❑ Boat mmp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be sewed (e.g., open runabout,
charter boats, sail boats,rnixed types).
t — Y k,
I. (i) WW the facility be open to the general public?
Yes []No
RECEIVED
JUL 12 2019
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
MAt. (& 14)@A
d. How will overboard discharge of sewage from boats be controlled?
man cs\buy oa sl�c,
e. (i) Give the location and number of "No Sewage Discharge' signs proposed.
0,x@ Rya "A cc� vpa @n�jr-aticC
(h) Give the location and number of "Pumpout Available" signs proposed.
`1
f. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
MM ckmolkow s&
g. Where will residue from vessel maintenance be disposed of?
to fill, o.\lbh)LOA C�. S;�e
h. Give the number of channel markers and "No Wake" signs proposed.
1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
pore CCM� r) I\ s �
j. What will be the marina policy on overnight and live -aboard dockage?
to rte
k. Describe design measures that promote boat basin flushing?
1 ;1e Ate; fQc I1
, i-y
RECEIVED
I. If this project is an expansion of an existing marina, what types of services are currently provided?
AkA
12 2019
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.necoastalmanaaement.net
revised: 12/27106
Ft 'ii i;;.; n; WP-4 I`X , ,,')t; 3 nt 2j
m. Is the mariin/a/docking facility proposed within a primary or secondary nursery area?
❑Yes 1®No
n. Is the maa''n�a/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes *No
o. Is the manna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are ct ecked, provide the number of square feet affected.
❑CW V �$B
❑WL Nan
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes Alo
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) his section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubliGGovemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpfle, etc. If a rock groin, use ii Excavation and Fill.) 9169section not applicable
a. (i) Number
(ii) Length
(III) Width
15. BREAKWATER (e.g., wood, sheetpi/e, etc.) Jrhis section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
16. MOORING PILINGS and BUOYS 10jhls section not applicable
a. Is the structure(s):
❑Commercial ❑PubliGGovemment ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Are of the swing
b. Number
it. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM-MHD CITY
Form DCM MP-4 (structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines 1 b. Proximity of structure(s) to adjacent docking facilities.
U��S'f1(tit34li�r:� /Q'f�CJIw�� NM Mt/�
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
LbO584C Sauw��
e. (1) Will navigational aids be required as a result of the project?
[]Yes J$No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
W'_
& OTHER ❑This section not applicabie
a. Give complete description:
(0'ZtT'�1 S
Date
Project Name
RECEIVED
JUL 12 2019
DCM-MHD CITY
252-808-2808:: 1-888-4RCOAST::w .nccoastalmanaeement.net revised: 12. 2706
101
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Mr. Charles Zwerling
zwerling(abal1rom.org (sent via email)
Dear Mr. Zwerling,
NORTH CAROLINA
Environmental Quality
October 14, 2019
This letter is in reference to your application for a Coastal Area Management Act Major Permit
to undertake development activities to construct a 5 slip docking facility for commercial use, in
Carteret County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c)
which would make December 27, 2019 the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as possible.
In the interim, should you have any question on the status of your application, do not hesitate to
contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov).
Sincerely,
Gregory iar
Assistant Major Permits Coordinator
Cc: DCM Morehead City
Douglas Guthrie (PO Box 34, Salter Path, NC 28575)
rvonm unoew±� � ���
a,.mxemmwo�m.�mi o�,a�
North Carolina Department of Environmental Quality I Divislon of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557
2518081808
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Monday, October 14, 2019 9:30 AM
To:
zwerling@ballroom.org
Cc:
Connell, Brad
Subject:
Extension of the CAMA application
Attachments:
Zwerling EXT.pdf
Morning Mr. Zwerling,
Please see the above attachment for the extension for your project. I have sent a hardcopy to Mr. Guthrie since I do not
have an email address for him. All comments are in and the project is currently in internal review, so I hope to have a
final decision very shortly.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
®^� Department of Environmental Quality
252 808 2608 ext Z15 (office)
G reee.Bodna r@ncdenr.eov
Email correspondence to and from this address is subject to the
North Carolina Public Records Cow and may be disclosed to third parties.
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Charles Zwerling
PROJECT NAME: Zwerling Dock
COUNTY: Carteret
LOCATION OF PROJECT: 150 Headen Lane, off of Salter Path Road, on Bogue Sound, in Salter Path
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-30-19
FIELD RECOMMENDATION: Attached: Choose an hem.
FIELD REPRESENTATIVE: Brad Connell
DISTRICT MANAGER REVIEW: Roy Brownlow
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 8-9-19
APPLICATION ASSIGNED TO: Gregg Bodnar
PUBLIC NOTICE REC'D: 8-18-19
ADJ. RIP. PROP NOTICES REC'D: Yes
C) 75 DAY DEADLINE: 10-13-19
HOLDS:
MAIL OUT DATE:
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: Choose an item.
DISTRICT OFFICE: MOREHEAD CITY
FEE REC'D: $'250 # Enter text.
END OF NOTICE DATE: 9-9-19
DEED REC'D: Yes
150 DAY DEADLINE: 12-1X749
STATE DUE DATE:
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM — Field Rep
/! 1
Local Permit Officer
DCM — LUP Consistency Determination
$ (y/
Jc
f
Rural Development Division (DCA)
DEMLR — Stormwater
DEMLR— Sed/Erosion
DWR-401
DOA — State Property Office
l4
K
DMF — Shellfish Section
gl
NCDOT
DMF — Habitat & Enhancement
DWR—Public Water Supply
�IIJJI
t
X
WRC - Wildlife Resource Commission
USACE— Regulatory
DNCR — Archives & History
*17A ( q
DNCR — Natural Heritage Program
CoastalManagement
ENVIRONMENTAL QUALITY
DATE:
TO:
THRU:
FROM:
August 8, 2019
Gregg Bodnar
Roy Brownlow 2�
Brad Connell 2ri
MEMORANDUM
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelap
BRAXTON C. DAVIS
D,r,aor
SUBJECT: Comments and Recommendations - CAMA Major Permit — Charles Zwerling,
Carteret County
The following is my assessment and consequent recommendations of the above referenced
proposal: this proposal is a request to reissue CAMA Major Permit #99-15. Assuming that state
and federal agencies concur with the proposal, I recommend the project be authorized as
proposed, contingent upon the following conditions:
1. The authorized structures and associated activity must not cause an unacceptable
interference with navigation. Therefore, no portion of the docking facility, including
but not limited to tie -off pilings, shall not extend more than 64' waterward of the
outermost portion of the existing deck alignment and 89' from the north exterior
wall of the existing concrete block building as described in the 05/20/2019 survey
map by Arthur Denning, PLS;
2. Prior to the initiation of construction activities, the west and east waterward
extents of the riparian access area shall be surveyed and marked in accordance
with the survey map dated 05/2012019 (received by the DCM on July 12, 2019) and
certified by Arthur Denning, PLS and must be readily visible for inspection during
the construction of the project;
3. No sewage, whether treated or untreated, shall be discharged at any time from any boats
using the docking facility. Any sewage discharge at the docking facility shall be
considered a violation of this permit for which the permittee is responsible. This
prohibition shall be applied and enforced throughout the entire existence of the permitted
structure;
4. This permit authorizes only the docks, piers, and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, may become a permanent part of this
docking facility without permit modification. No non -water dependent uses of structures
may be conducted on, in or over public trust waters without permit modification;
5. No attempt will be made by the permittee to prevent the full and free use by the public of
all navigable waters at or adjacent to the authorized work;
6. The authorized structure and associated activity must not cause an unacceptable
interference with navigation;
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
11
Zwerling
8/8/19
Page 2 of 2
7. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third
party;
8. This permit authorizes a maximum of five boat slips. At no time shall more than five
vessels be moored or docked at the facility. The restriction of the number of vessels
shall apply to all marine vessel types, including but not limited to motorboats, sailing
vessels and personal watercraft;
9. Prior to construction of any new boat slips or other docking facilities under this permit, the
permittee must apply for and receive an easement from the Department of
Administration's State Property Office as required under N.C.G.S. 146-12(e);
10. There shall be no modifications to the proposed docking facilities which would result in
additional or expansion of shellfish closures;
11. Any development or land disturbing activity that is considered non -water dependent is
not authorized within 30 feet of the normal high water level unless specifically exempted
by Coastal Resource Commission (CRC) regulations in place at the time of such
development.
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: Future development of the permittee's property may require a modification of this
permit. Contact a representative of the Division at (252) 808-2808 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 high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the
Division prior to project initiation.
NOTE: This permit does not convey any rights, either in real estate or material.
NOTE: Should either adjacent property be sold prior to the initiation of construction, the
permittee shall be required to obtain a signed riparian corridor waiver from the
new property owner prior to the placement of any structures within the 15 foot
riparian corridor.
CC: Roy Brownlow, DCM
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
August 9, 2019
MEMORANDUM:
NORTH CAROLINA
Env4»nmenta/ Quaaty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg. bod nar(cc0ncdenr.gov
SUBJECT CA MA / Dredge & Fill Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path in
Carteret County.
Proposed Project: To construct a 5-slip docking facility for commercial use. Previously
permitted in 2015. Refer to major permit #99-15.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar by August 30, 2019 at the address above. If you have any questions
regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. 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�L
AGENCY
SIGNATURE
hL•71d;
RECEWED
AUG 0 9 2019
DCM-MHD CITY
North Carolina Department of Environmental Quality i Division of Coastal Management
Morehead City Office E 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
EnWrottmental Quality
TO: Gregg Bodnar, Asst. Major Permits Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner ��/A
Division of Coastal Management
Wl
SUBJECT: Major Permit Application by Charles Zwerling
Date: April 16, 2019
Consistency Determination: The request is consistent with/not in conflict with Carteret County Land Use
Plan certified by the CRC on December 20, 2010.
Overview: The applicant wishes to construct a 5-slip docking facility for commercial use at 150 Headen
Lane, Carteret County, NC. The property is .114 acres and existing development includes a single -story
block building currently being used as a local museum and a bulkhead. There is a total of 51' of shoreline
on this property, along Bogue Sound. Bogue Sound is approximately 2.5 miles across at this location. The
nearby designated Federal Channel is approximately 2.0 miles north of this location.
The proposed docking facility would include a 6' wide x 63.5' long pier, approximately 5' from the eastern
adjacent riparian property line. There are three finger piers proposed to support the five boat slips. Each
finger pier will be 3' wide and 27.3' long. The first boat slip would be a side -to slip and the remaining four
would be defined by 12' wide and 12' long boat lifts. Water depths within the boat slips range from -2.5'
to -4.0' nlw.
AECs onsite include Estuarine Waters and Public Trust Areas. The surface water classifications are SA
(Market Shellfishing, Salt Water) and HQW (High Quality Water). The site is not designated as a Primary
Nursery Area, does not have any PNA, and is closed to the harvest of shellfish. There are no Section 404
or coastal wetlands on the property. The average upland elevation on the property is 5' normal high water
level. A review of historic/cultural resources was not provided.
Anticipated impacts
The proposed 5-slip docking facility would not pose a hazard to navigation as it would be 20' from the
edge of the navigable slough. As proposed, the docks and finger piers will shade approximately 627 ft2 of
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office i 400 Commerce Avenue 1 Morehead City, North Carolina 28557
252.808.2808
A►- . '%
open water/shallow bottom habitat, which incorporates 1,203 ft2 along 47' of shoreline. The proposal
encroaches into both of the adjacent riparian property setbacks.
Basis for Determination:
The project site is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map
(FLUM) designates the site as Developed (land) and Conservation (Areas of Environmental Concern). Uses
allowed in Areas of Environmental Concern are those consistent with the State's minimum use standards
and state and federal regulations.
The following LUP policies may be applicable to this request:
Policy 2.4
Carteret County's policies for development in estuarine and public trust waters are as follow:
1. Carteret County will only allow development activities in estuarine and public trust waters
that are associated with water -dependent uses, consistent with state and federal standards,
and meet all local policies contained; in,this plan.
3. Marinas and other docking facilities must be constructed in accordance with state
requirements and must meet local requirements contained in 1.0 Public Access.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office i 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808
ROY COOPER
NORTH CAROLINA
Environmmta/Quality
Governor
MICHAEL S. j2EGAN
BPAXTON C. DAVIS
c
Augusf 9„ 201g
AUG 2019
MEMORANDUM'
j
Yet, i
FIEEa3n
r
rr��� i1�Caa'rl
FROM:
Gregg Bodnar; Assistant Major Permits Coordinator
\
leg C722
zSZbZ
NCDEQ -Division of Coastal Management
..
400`commerce Ave., Morehead City NC 28557
Few 252-247-3330 (Courier 11-12-09)
areaa.bodnar@i).ncdenr.aov
SUBJECT:
LAMA/Dredge & Fill Application Review
Applicant:
Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path in
Carteret County.
Proposed Project: To construct 'a 5-slip docking facility for commercial. use. Previously
permitted in 2015. Refer to major permit #99-15.
Please indicate below your agency's position orviewpoint on the proposed project and
return this'form to Gre"pa Bodnar bvAuoust,30. 2019 at the address above. If,you have any questions
regarding the proposed project, pleaseicontact Gregg Bodnar at (252)'808-2808. When appropriate, in-
depth comments with supporting data is'requested.
Y; This agency has no objection to the project as proposea.
**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 incorporat6d..See attached.
This agency objects to the.project for reasons described in the attached
comments.
PRINT NAME OV "u I I )1'An n
AGENCY 1 Ifn( ..w C-
SIGNATURE /t
DATE
AUG 1 9 2019
NIP SECTION MH®
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Morehead City Office 1�400Commcacitvcnue I Morehead City, North Carolina 28557
2528082808
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
August 16,2019.
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ -Division of Coastal Management
400Commerce Ave., Morehead City NC 28557
Fax: 252-247-3336 (Courier 11-12-09)
gregq bodnar(Dricdenr oov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path. Road, on Bogue Sound in Salter Path
Carteret County.
Proposed Project: To construct a 5-slip docking facility for commercial use. Previous
permitted In 2015. Refer to majorpermit #99-15.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar by August 30 2019 at the address above. If you have any questions
regarding the proposed project, ,please contact Gregg Bodnar at (252) 808-2808. When appropriate, in-
depth comments with supporting data is requested.
This agency has no objection to the project as proposed.
*dditional comments may be attached"
his 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.
PRINTNAMEL e e— Pik atr;
AGENCY /VL 6oP2- ,0_� RECEIVED
SIGNATURES ��
DATE, s AUG 1 6 2019
DEC�� MP SECTION MH
om.p�q�� -�,,
mwdt�o-imm�amp
North Carolina Department crEnvironmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City. North Carolina 28557
2576082808
ROY COOPER
Goveinor
MICHAEL S. REGAN
sec erary,
BRAXTON C.,DAVIS
Director
August 1.5, 2019
MEMORANDUM:
NORTH CAROLINA
Envtronmentat Qua((ty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
Qb0 Commerce Ave., Morehead City NC 26557
Fax: 252-247-3330 (Courier 11-12-09)
greoq bodnargOncdenr.gov
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogue.Sound in Salter Path in
Carteret County.
Proposed Project: To construct a 5-slip docking facility, for commercial use. Previously
permitted in 2015. Refer to major permit #99-15.
Please -indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar by August 30, 2019 at the address above. If you have any questions
regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. When appropriate' in-
depth comments with supporting data is requested.
K This agency has no objection to the project as proposed.
**Additional comments may be attached"
This agency has no comment on the proposed project.
This agency, approves of the project only if the recommended changes,
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
P T Md mktk 8-0i"n
KN" DGa hill"( (AIAIe( Suaigfy
51GNATUR AgJ �3t
IU:
DEQ
RECEIVE®
AUG 1 6 2019
MP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue -.I Morehead City, North Catnllna28557
252.8082808
ROY COOPER
Commor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAMS
Director
August 9, 2019
MEMORANDUM:
NORTH CAROLINA
Eavtromnental 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 11-12-09)
greeo.bodnar(Mricdencoov
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path in
Carteret County.
Proposed Project: To construct a 5-slip docking facility for commercial use. Previously
permitted in 2015. Refer to major permit #99-15.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar bvAuvust 30. 2019 at the address above. If you have any questions
regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. 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"
V 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.
SOMAIRE 4916a- J/
9•
�NK
Ri' Q
NRECOVED
AUG 1 9 2019
N sP SECTION MHD
North Carolina Department ofFnvlronmental Quality I DividonofCoo9tal Management
Morehead City Office 1400 Commerce Avenue I Morehead Cty, North Carolina 28557
252A08.2808
ROY COOPER
'Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
August 19, 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 (Courier11-12-09)
greno. bodnar(d)ncdenr.00v
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogus Sound in Salter Path In
Carteret County.
Proposed Project: To construct a 5-slip docking facility for commercial use. Previously
permitted in 2D15. Refer to major permit #99-15.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar by August 30, 2019 at the address above. If you have any questions
regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. 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 L�0.h Li C� t-� t l �M 0-0 d
AGENCY RECEIVE®
SIGNATURE W`9 y --475Lk-Av VV
DATE $�—\,S—L°l AUG 1 9 2019
MP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8081808
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
D(rector
August 12, 2019
NORTH CAROLINA
£nvironmen tar Quarity
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg.bodnarancdenr.goy
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path in
Carteret County.
Proposed Project: To construct a 5-slip docking facility for commercial use. Previously
permitted in 2015. Refer to major permit t/99-15.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar by August 30, 2019 at the address above. If you have any questions
regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. 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 Shannon Myers
RECEIVED
AGENCY DMF-Shellfish Sanitation and Recreational Water Quality
SIGNATURE,Xa�a� for Shannon Jenkins AUG 2 2 2019
DAT 8/23/2019
DEQMP SECTION MHD
�
wnx�csnaiHe
oev�imenummwmom .
North Carolina Department of Environmental Quality I Division of Coastal Management
(Morehead City Offlce 1 400 Commerce Avenue I Morehead City, North Carolina 28557
25L808.2808
AOY'COOPM
MCHAEL&PEGAN
Secretary _.
'BRA)CrON C.DAVIS
Recery-'ed: 09120/20119,
State. 'Hi-storic:Pr6s'r-vati''on,,C�ffibiB,
Ek 15 140.
Due QW..119
August 26, 2019
MEMoRmbum.
A7 jc/qv
'FROM:?
'.Geeid i36dnir,,,Assjstant•Mal6i:Oerffiits Qboidinator,
NCDEQ -,biyisiqn.6f Coastal M6,60gerner!
40b;Cc6nrfierce:AVe., Mdr&head City NQ%'28557
F6x: 20-247=3330(P'buder 1'1712'49)
qreq,q1odnarPncdenr.qo
;SUBJECT:
cAm*1br,6 qgo 8, 'Fill Apphcatfo?n Review
.Applicant;:
Charles Zvriarfing.
Project, Location:
16"Headen Lane, off of Salter,Path Roao,,,'qh,Bogbe,Sotind'in'Saiter'Pathin'-
tairterkcount y.
Proposed Project:
To construct,a . 5-slip Obcking- facility :for -commercial ,use Previously',
in �oeemitt6d.:iOir).:keiee,tofnojor 0 qrmit,#99;15.
REPLY,
atebel6w.your agency's position, or viewpoint 661he proposed -project arid.
m'toGre-'q'ci:Bodnar iiy'ALiaiisi,jO.2619ai.the address ,a,bo\ie..ifyou hav6any
.comments.
)mment on the propos&d'project:
of the,prol.ectonly, if.the recommended changes
attached.
FifqjNTlqAMt.R6nee Gledhill -'Earle . y
RECEIVED
k6t4& State Histodc Preservation Office.
SIGNATURE
AUG 2 9 2019
eizVm �fflw_ MP SECTION MHD
DEQ�
NorWCaro0no Depmment of EnylmmcnmT Quallty I DIVWpn of Co�W M=gfient
MoiehiadCltyoffice I 40OComwrceAven�el M6.mti0dC1ty,N*.rdiUro0m285W
=806008 AUG 2 1,2019,
r
DEPARTMENT OF THE ARMY
. WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
_ September 18, 2019
Regulatory Division
Action ID No. SAW-2015-01289, General Permit No. 197800056
Mr. Charles Zwerling
602709 Medical Office Place
Goldsboro, North Carolina 27534
Dear Mr. Zwerling:
Through coordination with the North Carolina Division of Coastal Management we
have learned of your request to renew the work associated with your Department of the
Army (DA) permit issued on June 30, 2015 to construct a 5-slip docking facility located
at 150 Headen Lane, in Salter Path, Carteret County, North Carolina. Coordinates are:
34.6898 N,-76.8865 W.
On January 1, 2017, we renewed general permit No. 197800056, (copy
enclosed), that authorizes the maintenance, repair, construction and installation of piers,
docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater
structures in navigable waters of the United States in the State of North Carolina
pursuant to Section 10 of the Rivers and Harbors Act of 1899.
Your work is authorized provided it is accomplished in strict accordance with the
attached plans and the enclosed general conditions. The permit is hereby renewed. It is
understood that all conditions of your permit conditions remain applicable and that the
expiration date of your DA permit is December 31, 2021.
Please read the enclosed permit to prevent an unintentional violation of Federal
law. As this Department of the Army regional general permit does not relieve you of the
responsibility to obtain any other required approvals, you should contact appropriate
State and local agencies before beginning work.
RECEIVED
SEP 2 0 2019
ARP SECTION MHD
-2-
Thank you for your time and cooperation. If you have questions, please contact
Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049.
Sincerely,
o
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosures:
GP 56 conditions
Manatee Guidelines
Electronic Copy Furnished (without enclosures):
NCDEQ/DCM; Mr. Ryan Davenport
NCDEQ/DCM; Mr. Gregg Bodnar
NCDEQ/DWR; Mr. Robb Mairs
NCDEQ/DWR; Ms. Karen Higgins
SEP 2 0 2019
MP SECTION Mho®
Bodnar, Gre
From: Mairs, Robb L
Sent: Wednesday, September 25, 2019 2:50 PM
To: Bodnar, Gregg �(s�slFi y
Subject: RE: Charles Zwerling
Attachments: GC4175.pdf
Gregg,
It appears this application did not get received in our Raleigh office and entered into BIMS through, so it's not showing
up in our weekly wetland report. This proposal did not require written approval at the time under DWR 2015-0516, and
would still not require written approval through our current GC 4175 (attached). I will assign this under DWR 2015-
0516v2.
Thanks,
MM
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb.mairsCccilncdenr.gov
https://deg nc gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ep rmits
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Tuesday, September 24, 2019 3:45 PM
To: Mairs, Robb L <robb.mairs@ncdenr.gov>
Subject: Charles Zwerling
Hey Robb,
Just checking in on this one.
Thanks,
Gregg
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles Zwerling
2. LOCATION OF PROJECT SITE: Site is at 150 Headen Lane, off of Salter Path Road, on
Bogue Sound in Salter Path, Carteret County.
Photo Index - 2006: 38-8076 grids P-16; 2000: 38-485 grids P-16
Longitude: 76°53'11.62"W Latitude: 34041'23.62"N
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— several since 2015
Was Applicant or Agent Present — Yes/No
Photos Taken — Yes
5. PROCESSING PROCEDURE: Application Originally Submitted — 4/16/19
Office — MHC
Application Received Complete — 7/30/19
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County
Land Classification from LUP — Rural with Services
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — none
Planned - none
(F) Type of Structures: Existing — local museum and bulkhead
Planned - 5-slip docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: DREDGED FILLED OTHER
(A) Open Water
1,203 ftZ incorp
627 ftZ shaded
(E) Total Area Disturbed: 1,203 ff
(F) Primary Nursery Area: No
(G) Water Classification: SA; HQW Open: No
(H) Cultural Resources: None
8. PROJECT SUMMARY: The applicant wishes to construct a 5-slip docking facility
for commercial use.
Field Investigation Report:
Page 2 of 3
9. Narrative Description:
This is a request to reissue CAMA Major Permit #9945 that was issued on September 24,
2015 and expired on December 31, 2018. The USArmy Corps of Engineers issued Genera!
Permit 197800056 (Action ID # SAW- 2015-01289) on June 30, 2015, and the NCDivision
of Water Resources assigned the proposed project DWR Project # DWR-2015-0516.
The property is a 0.114-acre parcel at 150 Headen Lane in Salter Path, Carteret County.
The Carteret County Land Use Plan has classified this area as Rural with Services, with
CAMA AEC's classified as Conservation. This site is developed with an existing
bulkhead and a single -story block building currently being used as a local museum. The
adjacent riparian property to the west is a commercial marina (ref. Major Permit 1U63-07),
called Homers Point Marina. The adjacent riparian property to the east is a waterfront
restaurant, The Crab Shack.
There is a total of 51' of shoreline on this property, along Bogue Sound. Bogue Sound is
approximately 2.5 miles across at this location. The nearby designated Federal Channel is
approximately 2.0 miles north of this location. There are no Section 404 or coastal wetlands
on the property. The average upland elevation on the property is 5' normal high water level.
(nhw).
These waters of Bogue Sound are classified as SA, High Quality Waters. None of the project
area is within PNA; it does not have submerged aquatic vegetation, and is closed to the harvest
of shellfish. Bottom elevations within the project area range from -Ito —4 feet normal low
water level (nlw). The bottom substrate is coarse sand and does not lend itself easily to
suspension. These waters have an approximate +/-2' lunar tidal amplitude.
10. Proposed Development:
The applicant wishes to construct a 5-slip docking facility with boat lifts for commercial
use. This proposal was previously authorized via CAMA Major Permit #99-15. Due to
personal financial constraints and subsequent arrival of Hurricane Florence, no substantial
development had occurred prior to the permit's expiration on December 31, 2018.
The applicant is proposing to construct a pier that is 6' wide and 63.5' long, approximately
5' from the eastern adjacent riparian property line. There are three finger piers proposed to
support the five boat slips. Each finger pier will be 3' wide and 27.3' long. The first boat
slip would be a side -to slip and the remaining four would be defined by 12' wide and 12'
long boat lifts. Water depths within the boat slips range from -2.5' to -4.0' nlw.
Brad Connell August 8, 2019 Morehead City
Field Investigation Report:
Page 3 of 3
11. Anticipated Impacts:
The proposed 5-slip docking facility would not pose a hazard to navigation as it would be 20'
from the edge of the navigable slough. As proposed, the docks and finger piers will shade
approximately 627 R2 of open water/shallow bottom habitat, which incorporates 1,203 ft2
along 47' of shoreline. The proposal encroaches into both of the adjacent riparian property
setbacks.
No SAV were observed in the area. These waters of Bogue Sound are not listed as Primary
Nursery Area (PNA) and are classified as SA, High Quality Waters. These waters are within
the White Oak River basin and are closed to the harvest of shellfish.
Brad Connell August 8, 2019 Morehead City
Narrative Summary of the Homer's Point Marina Permit #163-07
and the Zwerling CAMA Major Permit #99-15
Project Narrative Request for Renewal CAMA Major Permit #99-15
Salter Path Development Group, LLC ("Development Group") wanted to expand and
enlarge an existing marina known as Homers Point Marina ("the Marina") in 2006. Charles and
Melissa Zwerling ("The Zwerlings") owned a parcel of land adjacent to the property which the
Development Group intended to utilize to expand the Marina at 150 Headen Lane, Salter Path,
NC.. The Development Group believed it needed the Zwerling' s property to complete its
marina expansion. The Zwerlings property bordered the waterway known as the Bogue Sound
giving it certain riparian rights as hereafter described. The Zwerling' s property was that certain
lot known as Lot Number Seven (7), Section Four (4), as shown on the maps of "The Village of
Salter Path", which are filed with and incorporated in that certain Judgment of the Superior Court
of Carteret County, said Judgment being recorded in the Judgment Book 9, Page 45 and having
been entered in that certain proceeding captioned "Carteret County vs. Janice Lewis Austin, et
al.," Civil Action No. 75 CvS 236, said maps also being recorded in Map Book 16, Pages 45-50,
Carteret County Registry.
When the Zwerlings learned of the proposed Marina expansion, they filed objections with
CAMA on July 5, 2006, to the proposed Marina expansion, specifically to the building of boat
slips Numbers 34, 35, 36, 37 44, and 45, because the slips would block the Plaintiffs' direct
riparian view of Bogue Sound as well as infringe on the Zwerling' s ability to dock and
maneuver their boats. Still later, on January 2, 2007, the Zwerling' s objected to the Marina
expansion and specifically objected to the building of only slips Numbers 21 through 36 and 43
through 48, because these slips would block the Plaintiffs' direct riparian view of Bogue Sound
as well as infringe upon their riparian corridor and their ability to dock and maneuver their boats.
Moreover, the extension of the Marina into the Zwerling' s riparian corridor would create
dangerous congestion of marine vessels. Finally, the Zwerlings made a third objection by means
of letter dated December 17, 2007. The rounds for this objection also were loss of riparian view
and loss of riparian corridor.
The Mike Fiorini and the Development Group approached the Plaintiffs and made inquiry
about whether the Zwerlings would sell their real property to the Development Group. At all
relevant times Fiorini represented to the Zwerlings and to CAMA that Mike Fiorini was the
owner of ten (10) boat slips, slips Number 63-72. Verbally and in writing, the Fiorini
represented to the Zwerling' s that they were the owners of the ten (10) boat slips (Numbers 63-
72).
As a result of their negotiations, the Zwerlings as Seller and the Development Center as
Buyer entered into an Agreement dated January 7, 2008, wherein the Seller (the Zwerlings)
agreed to sell their parcel and the Buyer (Development Group) agreed to buy it for the sum of
RECEIVED
JUL 12 2019
DCM-MHD CITY
$500,000.00. The Development Group agreed to pay and did pay $500,000.00 down payment
and agreed to execute a Promissory Note to the Plaintiffs for the sum of $450,000.00 payable at
8 percent (8%) annual interest with 120 equal monthly payments of $5,459.74. The Promissory
Note was to be secured by a Deed of Trust on the parcel and by a Security Agreement executed
by the Defendants giving the ten (10) bloat slips referred to above (numbers 63-72) as additional
security. The Agreement further provided that "Seller [the Zwerling' s] agrees to release one
boat slip for each $50,000.00 in principal payments received on the Note. In the event of
Buyer's [Development Group] subsequent default upon a promissory note and deed of trust
given hereunder, Seller's [the Zwerling' s] remedies will be limited to foreclosure of the
collateral and return of real property described herein." Also, prior to closing, the Seller (the
Zwerling' s) agreed to deliver to the Buyer a letter addressed to CAMA withdrawing the Seller's
(the Plaintiffs') objection to the expansion of the Marina filed by the Seller on December 17,
2007. The Zwerlings, as Seller, did withdraw their objections by means of a letter to CAMA and
CAMA approved the expansion of the Marina. As part of the Agreement, the Defendants signed
the Agreement under Seal as "GUARANTOR OF COLLATERAL."
Pursuant to the terms of the Agreement, by means of a deed dated January 18, 2008, and
recorded in the Office of the Registrar of Deeds of Carteret County, North Carolina, in Book
1255, Page 124, the Plaintiffs sold to the Development Group their parcel of land described
above. Pursuant to the Agreement, the Plaintiffs financed the acquisition of the real property and
to evidence the financing, the Development Group executed a Purchase Money Promissory Note
("the Promissory Note") payable to the Plaintiffs in the amount of $450,000.00, said Note being
dated January 17, 2008. The Promissory Note called for 120 equal monthly payments of
$5,459.74, commencing on February 18, 2008, and to continue on the 171h day of each month
thereafter with a final payment due in January 18, 2018. The Promissory note was secured by
means of a Purchase Money Deed of Trust dated January 17, 2008, executed by Development
Group to Joyce Keller, Trustee, with the Plaintiffs as named Beneficiaries wherein the Plaintiffs'
property described above was given security.
In conformance with the Zwerling' s requirements and pursuant to the Agreement, the
Fiorinis executed a Security Agreement dated January 17, 2008, wherein the Fiorini purported to
give the Plaintiffs a security interest in ten (10) boat slips, bearing Numbers 63, 64, 65, 66, 67,
68, 69, 70, 71, and 72, as shown on a CAMA Permit 163-07 issued to, Mike Fiorini, on
November 28, 2007, as additional security for the Promissory Note. The Fiorinis also purported
to convey to the Zwerling' s an easement to and from the above- described boat slips.
In the Security Agreement, signed under Seal, the Fiorinis warranted to the Zwerling' s
that the Fiorinis were the owners of the boat slips (Numbers 63-72) free from any adverse lien,
security interest, or other encumbrance, and that the Fiorinis would defend the property against
the claims and demands of all persons whatsoever.
In about January of 2012, the Development Group defaulted on the Promissory note. The
Zwerlings substituted John M. Harris as Trustee under the above Deed of Trust. John M. Harris,
as Successor Trustee, initiated a foreclosure proceeding in the Office of the Clerk of Superior
Court of Carteret County, North Carolina, and, after advertisement as allowed by law, sold the
real estate described in the Deed of Trust to the Plaintiffs for the sum of $180,000.00.
The Zwerling' s began the process of exercising their rights under the Security
Agreement when they became aware that the Fiorinis did not and do not own the boat slips
(Number 63-72) in question, which were purportedly given to the Zwerlings as a security on the
Promissory Note referred above. Each boat slip (Numbers 63-72) had been agreed to have a
value of $50,000.00 each. The Zwerlings have now learned that the Development Group
likewise does not and did not own the boat slips (numbers 63-72); rather, they are owned by
Marie Smith, the mother of Frieda Fiorini. The Fiorinis breached their warranty of ownership
because they did not own the boat slips (Numbers 63-72).
The end result is that the Zwerling' s have lost their riparian rights (view, corridor, and all
other) in that their riparian rights are obstructed by boat slips Numbers 21-36 and 43-48. The
security interest purportedly given by the Fiorinis to the Zwerlings in slips Numbers 63-72 to
secure the loss of the riparian corridor rights to Zwerlings property has no value, because the
Fiorinis do not own slips Numbers 63-72. It was reasonably foreseeable to the Fiorinis that the
Zwerlings would be damaged by the Fiorini's nonownership of the boat slips should there be a
default.
In addition the Zwerlings have been further damaged in loss of their riparian rights to have 2
boat slips at this property. In 2008 the Salter Path Development Group, LLC "transferred" the
then two existing boat slips of the Zwerlings [property to the overall marina project. These two
boat slips have not been transferred back as pursuant to the foreclosure deed and title as directed
by the NC Court. Apparently in 2008, according to Permit #163-07 the Salter Path Development,
LLC "transferred" the then two (2) existing boat slips of the Zwerlings property o the overall
marina project. These two (2) boat slips have not been transferred back to the Zwerlings as
pursuant to the foreclosure deed and title as directed by the NC court in June 2012. Thus, the
result of this loss of riparian rights have caused the Zwerlings to have "no formailized mooring
or dockage of any vessels, even on a temporary basis, is authorized on the adjacent pier formally
(sic) owned by the Zwerlings"
The end result is that the Zwerlings have lost their rights under the Security Agreement
and their riparian rights for boat dockage and their riparian corridor which is now
obstructed by the sixteen (16) boat slips of the Marina.
RECEIVED
JUL 12 2019
DCM-MHD CITY
In February 2015, the Zwerlings and the Fiorinis and Salter Path Development Group entered
into a court ordered mediation in which the Salter Path Development Group and Fiorinis
promised to "shall in fact will provide any assistance reasonably necessary for the Plantiffs
(Zwerlings) to secure a CAMA permit for Plantiffs (Zwerlings) to be able to construct a facility
on their propertyfor the keeping of at least (4) boat lifts and (1) wet slip on the Plantiffs
(Zwerlings) property located in Salter Path, NC"
On September 24, 2015 the State of North Carolina Department of Environmental Quality and
Coastal Resources Commission issued a Major Permit 499-15 to Charles Zwerling, 2709
Medical Office Place, Goldsboro, NC 27534 for the permitte's application dated 3/12/2015 MP-1
9/15/2015 Mp-4 and attached drawings dated 4/24/2015.The permit expires on December 31,
2018.
In November 2015 the Zwerlings began construction of the project on their property at 150
Headen Lane, Salter Path NC. In December 2015 Mr. Fiorini made a complaint to Mr. Brad
Connell, Field Representative, for the Division of Coastal Management in Morehead City, NC:
"Mr. Fiorini called me this morning with some concerns regarding the piling placement for your
permitted docking facility. After meeting with him today out on site to discuss his concerns, the DCM will
review the piling placement for compliance with the permit issued. I will follow up with you and your
Authorized Agent, Mr. Guthrie, upon concluding a more in-depth evaluation of this matter by the
DCM. Your patience in the interim is greatly appreciated." Due to this complaint all further construction
was halted. An on -site inspection was performed attended by Mr. Fiorini, CAMA representatives and
project manager, Mr. Douglas Guthrie. The matter of contention by Mr. Fiorini was settled without the
need for any further actions.
In January 2016 Dr. Zwerling received a new a mail from Mr. Brad Connell with following concerns
"since our meeting with Mr. Guthrie on site last week, Mr. Fiorini now contends that the newly installed
pilings are extending out 10' farther waterward than what was permitted. We can address this concern
after you have decided how you wish to proceed....)"
The Zwerlings agreed to move the one piling that Mr. Fiorini felt was out 10' farther waterward than
what was permitted. In March 2016 the piling was moved with all parties concerned in attendance
including Mr. Fiorini, Dr. Zwerling, Brad Connell and Craig Guthrie, neighboring property owner. The
piling was moved by Mr. Dean Barnes. The matter was considered closed by all parties concerned.
At this same time in the spring of 2016 Dr. Zwerling created the Salter Path Museum (SPM). The plan for
the museum was to complete the construction of the docking facilities for boating visitors to the
museum and the development of boat tours and educational programs related to the history and
preservation of Salter Path. Moreover the boat slips would provide additional income streams for the
museum in the future.
RECEIVED
jUL 1-2 2019
DCM-MHD Cl'ry
In early October 2016 the North Carolina and coastal regions were devastated by Hurricane Matthew.
This hurricane destroyed all the early dock and pier construction efforts of the Salter Path Museum.
Moreover, the museum sustained internal damage as well. The Board of Directors decided and agreed
that the building had to be repaired first before re -beginning the dock and pier construction of the
CAMA permit 99-15.
In the spring of 2017 the Salter Path Museum was able to re -open to the public. In the late summer of
2017, the Zwerlings met with several contractors to obtain bids for the resumption of the CAMA Permit
Project #99-15.
On or about November 15, 2017, Mr. Fiorini placed two sets of pilings in the turning basin of Homer's
Point Marina. These pilings obstructed the use of the proposed boat slips on the adjacent Zwerling
property. Neither Dr. Zwerling or his property manager, Mr. Douglas Guthrie were ever contacted
about this project by Mr. Fiorini. Dr. Zwerling contacted CAMA to oppose the placement of these pilings
and request that CAMA order Mr. Fiorini to immediately remove them. The pilings clearly obstructed
navigation and use of the proposed boat slips for CAMA Permit #99-15. Moreover, the pilings
represented a clear violation of the CAMA Permit #163-07. Finally after a few months, Mr. Fiorini
removed the illegally placed pilings.
In the spring of 2018 Mr. Fiorini again contested to the placement of the pilings for CAMA Permit #99-
15. The Zwerlings and their project manager were concerned about proceeding with the expensive
construction of the boat docks and piers from the continued interference of Mr. Fiorini.
On September 14, 2018 the Salter Path Museum, Inc. located at 150 Headen Lane, Salter Path NC 28575,
bordering on Bogue Sound, sustained massive damage from Hurricane Florence's wind and sea
floodwaters. Specifically, destruction to the building interior, exterior and roof; electrical outlets, rear
wooden deck, and internal contents. But fortunately, all the artists who maintained inventory at the
museum were notified and removed their property before the arrival of the hurricane.
After numerous meetings and careful assessment of the damage, the restoration cost was determined
to be far more than the museum's operating cash flow or reserves. The board also considered the
museum's future business prospects based on prior years' low visitor count and art sales and the likely
recurrence of hurricane damage given the museum's waterfront location.
The Board of Directors has determined that 1) there are insufficient funds for restoration of the Salter
Path Museum and 2) that it will be difficult to maintain it as a "going concern." Therefore, the Board of
Directors has unanimously decided to dissolve the Salter Path Museum and transfer all assets and
property to the Heritage Dance Foundation which originally created the museum and its visual arts
program. This transfer will be done per the Distribution Upon Dissolution provision of the December 14,
2016 Articles of Incorporation of the Salter Path Museum, Inc..
RECEIVED
JUL 12 zUii:A
DCM-MHID CITY
On March 20, 2019, Dr. Zwerling was contacted by Mr. Connell with the following email:
"Mr. Zwerling, FYI, the NCDCM has determined that the pilings at this property encroach into the
neighboring marina's riparian property area. Your agent, Mr. Doug Guthrie, has been instructed to
remove the encroaching pilings immediately. The DCM would like these pilings removed by March 31,
2019 in order to avoid a formal enforcement action. Please contact meat the telephone number below."
The NCDCM also contacted Mr. Dean Barnes, the contractor who had originally placed these pilings for
the CAMA Permit # 99-15. After the removal of these pilings due to the continued complaints of Mr.
Fiorini and his new survey of November 2018, Dr. Zwerling was contacted by CAMA on March 29, 2019:
"Mr. Zwerling, Since the pilings have been removed in the interim, I've confirmed with my supervisor that
this issue has been resolved to the DCM's satisfaction and we do not need to reschedule this meeting.
Thank you for your cooperation and understanding in this matter. If you wish to meet to discuss re-
applying for a CAMA permit please do not hesitate to contact me at your convenience."
Thus, due to the unforeseen circumstances of two hurricanes and interference of Mr. Fiorini, the CAMA
Permit Project #99-15 was not able to be completed. After additional discussions with Mr. Connell at the
Division of Coastal Management, it is the desire of Dr. Zwerling as Chairman of the Heritage Dance
Foundation to reapply for the renewal of CAMA Permit #99-15. The completion of this project will
provide a source of income for the Heritage Dance Foundation, a non-profit 501 (c) 3 organization in the
State of North Carolina.
RECEIVED
JUL l 2
DCM-hl+H!N (-ITY
AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS
Name of Property Owner Applying for Permit: ;�' I IbFNC�F Fnt wj� /1�iUv-)
Mailing address:
Telephone Number:
9'q-t`l ✓ydxC 4 Uf rl'� I vnt
60uxr)t>4 L-) NC
9(� -`m.. 5z.4
I certify that I have authorized Dpu((l (agent/contractor),
to act on my behalf, for the purpose of applying and obtaining all CAMA permits
necessary for the proposed development of
at my property located at/ D l fec--U, Z4VZ � 21 j17- iC
This certification is valid through
(Property Owner Information)
Signatdrel
Print or Type Name
Q40p aAvl�—) d-�3-o-() f j-PJ`tTj)6- J')c --e Wt4',0 41
Title, co. owner or trustee for property
Date
�(9-�H67��-/-
Telephone Number
I2, k*,I
Email Address
(date).
RECEIVED
JUL 12 2019
DCM-MHD CITY
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
- - ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: '(:: 19 aticc S
Address of Property: /k eC40W W %W1 S-yL-w A- , CyliLyi �z 7
(Lot or Street #, Street or Road, City & County)
Agent's Name #:
Agent's phone #:
Mailing Address:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing.r t+oraord4mg;wfeTimehans'�tprZr etiith[i£er.
02ZI have no objections to this proposal. I have objections to this proposal.
If you have objections to what Is being proposed, you mustnofifythe Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400
Commerce Ave., Morehead City, NC, 28557. DCM representatives can also be contacted at (252) 808-
2808. No response Is considered the same as no oblectfon If vou have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (if you
wish to waive the setback, you must Initial the appropriate blank below.)
.�_ I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property caner Information)
Signature
Ctfr,1&tt----z, �rJG
Print or Type Name
Mailing Address
60u-->S1-3X0 PAL j--3
City/StatwZip
Telephone Number
k�is1i9
Date
(Adjacent Property Owner Information)
Si ratur
Print or Type Name
%/oO Skme,
Mailing Address
Ski r/a1� /*,28�.2
rty/StG ate¢ip RECEIVED
Telephone Number JUL 12 2019
D _M-MHD CITY
Date
Revised 611812012
CERTIFIED MAIL - RETURN RECEIPT REQUESTED (AA
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
?/J
Address of Property: l DD I- CIEOW W "*44 59- L'GEiL JL4A f4XV d"� T
(Lot or Street #, Street or Road, City & County)
Agent's Name #:
Agent's phone #:
Mailing Address:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the deve lopment
they are proposing. �s t r� oii nc W i;: rme ons rn be-pY rc ec nth hrsfelfer.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400
Commerce Ave., Morehead City, NC, 28557, DCM representatives can also be contacted at (252) 808-
2808. No response is considered the same as no objection If you have been notifled by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
- I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Properly Owner Information)
Signature
CNOUQ-cF� 2WnPaAZ�
Print or Type Name
�g Meru-Q D � PL
Mai ing Address
City/SWe/Zip
Telephone Number
�1��
Date
(Adjacent Property Owner Information)
Si uxhtr
Print or Type Name
%roQ Sf►ar� E�e�,
Mailing Address
er CiA Z* X�
City/State/zip
a J-a -a y/17;-� yz RECEIVED
Telephone Number
JUN 10 2019
Date CM_ HD CITY
Re sed 8/182012
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
r
I hereby certify that I own property adjacent to [ rf S Z4�.�L,� ( s
(Name of Property Owner)
property located at 1 SG -)/I,ri C �27.EfZl�
(Address, Lot, Block, Road, etc.)
on , in N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
1 have no objection to this proposal.
1 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)
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must h.W—p
back a minimum distance of 15' from my area of riparian access unless waived by i ou
wish to waive the setback, you must initial the appropriate blank below.) 0 2019
V Sow— I do wish to waive the 15' setback requirement. J�N 1
I do not wish to waive the 15' setback requirement. IDCM.MH� C�
(Property Owner In atiQnl
L
City/8 ate/Zi
CIA-` l
Telephone u ber
Date
(Adjacent Property Owner nfor ation)
s
(Revised 6/18)2012)
U.S.
Rpstal
Service'"
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Coastal Management
ENVIRONMENTAL QUALITY
August 5, 2019
Charles Zwerling
2709 Medical Office PI
Goldsboro, NC 27534
Dear Mr. Zwerling:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON'C. DAVIS
Director
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of your property located on Bogue
Sound in Carteret County. Site is located at 150 Headen Lane in Salter Path. It
was received on July 30, 2019, and appears to be adequate for processing at
this time. The projected deadline for making a decision is October 15, 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 July 30,
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 113A-119(b) requires that Notice of an application be posted at the
location of the proposed development. Enclosed you will find a "Notice of Permit
Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property, or at a point along the road right-of-way where a private
road would lead one into your property. Failure to post this notice could result in
an incomplete application.
Zwerling
i August 5, 2019
Page 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 notify me in writing if you wish to receive a copy of
my field report and/or comments from reviewing agencies.
Sincerely,,
Brad Connell
Coastal Management Representative
IN
Enclosure
cc: Roy Brownlow, District Manager
Gregg Bodnar, Asst. Major Permits Coordinator
Douglas Guthrie, Authorized Agent
M
AMA PERMIT
APPLIED FOR
PROJECT: Construct a 5-slip docking facility at
150 Headen Lane, Carteret County.
COMMENTS ACCEPTED THROUGH September 9. 2019
APPLICANT:
Mr. Charles Zwerling
2709 Medical Office Place
Goldsboro, NC 27534
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Brad Connell - DCM
400 Commerce Avenue
Morehead City, NC 28557
(252)808-2808
f
Bodnar, Gregg
From:
Sent:
To:
Subject:
Importance:
From: Connell, Brad
Connell, Brad
Monday, August 12, 2019 3:15 PM
Bodnar, Gregg
confirmation email of placard receipt
High
Sent: Monday, August 12, 2019 2:26 PM
To: Charles Zwerling <zwerling@ballroom.org>
Cc: douglas.guthrie@ec.rr.com
Soundsgood.
Brad Connell
Environmental Specialist II
NC Division of Coastal Management
http://portal.ncdenr.org/web/cm/dcm-home
(252)808-2808 ext.214
Brad.ConnellPncdenr.eov
�.'. -'`'"Nothing Compares
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Charles Zwerling <zwerline@ballroom.org>
Sent: Monday, August 12, 2019 2:23 PM
To: Connell, Brad <brad.connell@ncdenr.eov>
Cc: douelas.euthrie@ec.rr.com
• na em iald 1. Do not click links or open attachments unless you verify. Send all suspicious emaff a§ n
u6f�W^i:t.
Hi Mr. Connell,
I received my Notice of Permit Filing in today's mail. I will post the Notice at 150 Headen Lane this Friday when I return
to the beach.
Thankyou
Charles Zwerling
Coastal Management
ENVIRONMENTAL QUALITY
August 5,2019
Carteret News Times
Legal Advertisement Section
P.O. Box 1679
Morehead City, NC 28557
Re: Public Notice — Charles Zwerling
Dear Sir:
ROY COOPER
Governor
MICHAEL S. REGAN
Secrowry
BRAXTON C. DAVIS
Dmcwr
Please publish the attached Notice in the August 18, 2019 issue of the Carteret News Times.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an
original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue,
Morehead City, North Carolina 28557, Telephone (252) 808-2808.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Morehead City office.
Sincerely,
Owrx
Brad Connell
Coastal Management Representative
Enclosure
cc: Roy Brownlow, District Manager
Gregg Bodnar, Asst. Major Permit Coordinator
ROY COOPER
Gmerrmr
MICHAEL S. REGAN
Sec"Wry
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as
designated under the CAMA was received on July 30, 2019. According to said application, Mr. Charles
Zwerling proposes to construct a 5-slip docking facility for commercial use at 150 Headen Lane in Salter Path.
A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of
Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal
business hours.
Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, N.C. 28557, prior to September 9, 2019, will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in this matter will be provided upon written request.
PUBLISHED ON: August 18, 2019
NORTH CAROLINA, CARTERET COUNTY
This Instrument and this certificate are duly filed at
the date and time and I e Book and Page shown
on the first page hereof
Jo nce, Listoreeds
8V
t,WAA R;0Mr of Deeds
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
FOR REGISTRATION REGISTER OF DEEDS
Car tenet eCounty, NC
RECEIVED July 13, 2012 03:27:33 PM
COUNTER DEED 3 P
FEE: $25.00
APR 16 2019 NC REVENUE STAMP: $360,00
FILE # 1414422
DCM-MHD CITY
tEm red b 9farris Law Tian, tPLLC
Stamps: $360.00
Parcel: 6334.07058.1775
THIS TRUSTEE'S DEED is made and entered into this the .l.Z day of July, 2612, by and between,
JOHN M. HARRIS, Trustee, as Grantor, and CHARLES S. ZWERLING AND WII E MELISSA G.
ZWERLING, Grantee, whose address is 2709 Medical Office Place, Goldsboro, NC 27534. (The designation
"Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context)
WHEREAS, SALTER PATH DEVELOPMENT GROUP, LLC (°°SPDG") executed to JOYCE
KELLER, Trustee, that certain Deed of Trust executed on January 17, 2008 and recorded on January 22, 2008,
in Book 1255, Pages 125, Carteret County Registry ("Deed of Trust"), securing a Promissory Note for
commercial purposes dated January 17, 2008 in the original face amount of $450,000.00 ("Note") executed by
SPDG in favor of Charles S. Zwerling and wife Melissa G. Zwerling (hereinafter referred to "Zwerling"); and
WHEREAS, the Deed of Trust conveyed to the Trustee the real property described in herein as collateral
for the repayment of a promissory note in the amount of $450,000.00 of even date therewith; and
Whereas JOHN M. HARRIS was substituted as Trustee by document recorded in Book 1401, Page 275,
Carteret County Registry.
WHEREAS, because the indebtedness secured by the Deed of Trust was past due and unpaid, the note
holders of the indebtedness, demanded that the Trustee foreclose the Deed of Trust; and
WHEREAS, the Substitute Trustee initiated a foreclosure proceeding in the Office of the Clerk of
Superior Court of Carteret County, North Carolina (File# 12 SP 120) and pursuant to the initiation of the
foreclosure proceeding, and proper notice was given, a hearing was held before the Clerk of S1rppjm Court of
Carteret County on April 12, 2012; and
MAY 01 1015
WHEREAS, at such hearing, the Clerk of Superior Court of Carteret County enterdd•a'riorder+directing
the Trustee to proceed with the foreclosure of the Deed of Trust; and
WHEREAS, after due advertisement and notice and compliance both with the terms of the Deed of
Trust and the laws of North Carolina, the Trustee on May 9, 2012 at 10:01 AM, offered for sale to the highest
bidder the property which is hereinafter described and which is the same property encumbered by the
aforementioned Deed of Trust, said sale being conducted at the Carteret County Courthouse in Beaufort, North
K
Carolina; and a Report of Sale showing the initial bid was filed with the' Clerk of Superior Court by the
Substitute Trustee on May 9, 2012 followed by a series of upset bids;
WHEREAS, CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING filed the final upset
bid on June 8'", 2012 and at the expiration of the 10 days upset bid period with no other upset bids being made,
became the last and highest bidder with an upset bid of $180,000.00; and
WHEREAS, the upset bid remained open for more than ten (10) days and no upset bid was offered and
no objection was made to the sale above -referenced; and
WHEREAS, the Court on the 13th day of July, 2012 confirmed the sale and directed the Trustee to
execute and deliver a deed to CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING upon
receipt of the purchase price; and the purchase price has been paid;
NOW THEREFORE, JOHN M. HARRIS, acting as Trustee as aforesaid and acting pursuant to the
powers conferred upon him by order of the Clerk of Superior Court of Carteret County, North Carolina, in
consideration of the Premises and the sum of $180,000.00 for the bid amount to him in hand paid, has bargained
and sold, and by these presents does bargain, sell and convey unto CHARLES S. ZWERLING AND WIFE
MELISSA G. ZWERLING, its heirs, successors and assigns, the land sold as aforesaid, the same being more
particularly described as follows:
BEING all of Lot Number Seven (7), Section Four (4), as shown on those certain maps of the
Village of Salter Path which are filed with and incorporated in that certain judgment of the
Superior Court of Carteret County, said judgment being recorded in Judgment Book 9, Page
45, and having been entered in the proceeding captioned "Carteret County vs. Janice Lewis
Austin. et. al., Civil Action No. 75 CVS 236," said maps also being e in Map Book 16,
Page 45.50, Carteret County Registry. - U
[Uogether with all improvements now or subsequently situated on the aforedescribed tracts
and parcels (collectively, the 'Land')(including buildings, amenities, paving, landscaping
grading, parking and utility installations)(the "Improvements'); all of SALTER PATH
DEVELOPMENT GROUP, LLC interest in all easements, riparian rights and rights -of -way
appurtenant to or used in connection with the Land or the Improvements, or as a means of ingress
to or egress from the Land or the Improvements; all estates, interests, rights and titles, if any, of
SPDG in the real estate lying in the streets, roads, alleys, ways, sidewalks, or avenues, open or
proposed; in front of, or adjoining, the Land and in and to any strips or gores of real estate
adjoining the Land; all fixtures now or subsequently affixed to the Land (even though detached or
detachable) and all building improvement and construction materials, supplies, and equipment
and related personal property now or subsequently delivered to the Land which are or will be
made a part of andlor affixed to the Land or incorporated in the Improvements (collectively, the
"Fixtures'); and all other estates, interests, rights, and titles of every kind and character which
SPDG now or subsequently has, in and to the Land, the Improvements, the Fixtures, and all
property which is used in connection with the Land, the Improvements, and the Fixtures, including
without limitation, the proceeds from condemnation or threatened condemnation of the Land, the
Improvements, the Fixtures, and f� s of any and all insurance covering the Land the
Improvements, and the Fixtures a water, oil, gas, and other mineral rights w,&ft to the
Lana. APR 16 2019 MAY 01 W5
DCM-MFID CITY jO1��P.AGE
TO HAVE AND TO HOLD the lands and premises together with all privileges and appurtenances
thereunto belonging to the Grantees, their successors and assigns, in as full and ample manner as the Trustee has
the power to convey the same.
This conveyance is expressly subject to unpaid Carteret County ad valorem taxes, and all other liens and
encumbrances which by law have a priority superior to the priority granted to the Deed of Trust which was the
subject of the foreclosure proceeding referenced herein. The Trustee makes no warranty, express or implied, as
to title, quality or condition of the property hereinabove described.
IN WITNESS WHEREOF, the Grantor has
aforementioned.
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
his hand and seal, the day and year
Trustee
I, 4.n414 J- Sn'i i 4b , a Notary Public of the State and County referenced
above, do hereby certify that JOHN M. HARRIS, Trustee, personally came before me this day and
acknowledged his due execution of the foregoing instrument.
Witness my hand and official stamp, this the /9 day of July, 2012.
4-:4 a .
Notary'Public
My commission expires: -r- uo-4
J.
t1OTARl,
RECEIVED
�l��irlG U
�.
MAY 0 12015
+s.............�.rr4`
nrna_nn4n rtiv
GA\.Server Paperpor[ Folders\14180-CL-Zwerling Salter Path Dev\zwerling Trustee's Deed (foreclosure).DOC
RECEIVED
APR 16 2019
DCM-MHD CITY
NORTPI CAROLINA, CARTERET COUNT`(
This instrument and this certificate are duly filed at
the date and time andthe Book and Page shown
on the first page here f.
egister of Deeds
By
Aas1. Dp,,W Reglger of Deeds
Prepared by Harris Law Firm, PLLC
FORECLOSURE NOTICE
NORTH CAROLINA
CARTERET COUNTY
FOR REGISTRATION REGISTER OF DEEDS
Joy Lawrence
Carteret County, NC
July 13, 2012 03:27:33 PM
COUNTER NOTICE 2 P
FEE: $26.00
FILE # 1414423
O �5
KNOW ALL MEN BY THESE PRESENTS, that Deed of Tru�ced by SALTER
PATH DEVELOPMENT GROUP, LLC ("SPDG') executed on January 17.2008 and
recorded on January 22, 2008, in Book 1255, Pages 125, Carteret County Registry
("Deed of Trust"), securing a Promissory Note for commercial purposes dated.January
17, 2008 in the original face amount of $450,000.00 ("Note") ex e`SPDG in favor
of Charles S. Zwerling and wife Melissa G. Zwerling (hereinafter i'e rred to "Zwerling")
encumbering certain land situated in said County and State has been foreclosed and all of
said land described in the above referenced deed of trust has been sold to the high bidder
at the foreclosure sale, CHARLES S. ZWERLING AND WIFE MELISSA G.
ZWERLING, and said Deed is recorded in Book I H I N . Page Carteret
County Registry.
IN WITNESS WHEREOF, this Notice of Foreclosure is signed and sealed this
the day of July, 2012. RECEIVED RECEIVED
MAY 01 2015
APR 16 ', i9
DCM-MHD CITY (�
u C�
M. HA S(Substitute Trustee)
FOR SUBSTITUTION OF TRUSTEE: SEE BOOK 1401, PAGE 275
(THIS INSTRUMENT IS FILED IN ACCORDANCE WITH G. S. 45-38.)
CARTERET COUNTY
NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she signed the foregoing document: JOHN M. HARRIS, SUBSTITUTE
TRUSTEE name(s) (and title, if appropriate) of principal(s). (� -
Date: %/,�- /� Oal >F ' J�rYu.
/
Offcr 21 Si ofNo
Notary Public (Official Seal) 'Zo � t",
Notary's printed or typed name,
My Commission expires: bl I, S � RECEIVED
`�`
`y0TAR1' MAY 01 M;
RECEIVED =_ r = Maike w�nuuY.
APR 16 2019
DCM-MHD CITY
Connell, Brad
From: Connell, Brad
Sent: Monday, May 13, 2019 10:47 AM
To: charles Zwerling; douglas.guthrie@ec.rr.com
Cc: Brownlow, Roy
Subject: CAMA Major Permit renewal application
Attachments: Agent Form for Permit Applications.doc
Importance: High
Mr. Zwerling,
This application package is through and well prepared. However, there are a few items of deficiency that you need to
address prior to the NCDCM being able to accept this application as complete and ready for agency review. These issues
are as follows, itemized for your convenience:
1. Form DCM MP-1, 4n: please clarify as to whether there is on -site septic or municipal sewer services;
2. Form DCM MP-1, 6f: please include telephone numbers and the signed certified mail green cards;
3. Form DCM MP-1, 6g: please limit your answer to permits issued for this property (i.e. CAMA Major Permit #99-
15);
4. Form DCM MP-1, 6h: please submit a complete and signed Agent Authorization Form (attached);
5. Form DCM MP-1, 7: please date the application form in the appropriate space next to your signature;
6. Form DCM MP-4, Sg(ii)-h: please revise your answers to reflect that there are no existing boat slips;
7. Form DCM MP-4, 2m-n: please revise these answers to check the No box;
B. Form DCM MP-4, 20: please state 0 square feet in the space provided;
9. Form DCM MP-4, 7d: please indicate the depths at NLW;
10. Form DCM MP-4, 8: please omit your answer and check the N/A box;
11. Form DCM MP-8: please date the application form in the appropriate space above your signature;
12. Adjacent Riparian Property Owner Statements: please be aware that in order for the DCM to honor and
acknowledge a waiver of the 15' setback, the appropriate space must be initialed by the neighboring property
owner;
13. Project Narrative: please submit an updated project narrative reflecting this request as a renewal of CAMA
Major Permit 99-15, including details;
14. Work Plan Drawings: please note that the drawings you have submitted are obsolete.... please submit a new set
of work plan drawings that include a riparian property line survey for this proposal (please call for clarification or
details, if needed).
I look forward to your response and resubmittal. Once these items have been addressed, then the DCM can begin
processing your application package. If you have any questions in the interim, please do not hesitate to contact me.
Respectfully,
Brad Connell
Environmental Specialist II
NC Division of Coastal Management
htti)://Dortal.ncdenr.org/web/cm/dcm-home
(252)808-2808 ext. 214
Brad.Connell a@ncdenr.Fto
MAJOR PERMIT FEE MATRIX
Applicant: OW elf-' I /') 2
Selection
Development -Type
Fee
DCM %
DWQ %
_114300160143510009316256253)
(24300 1602 435100095 2341)
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
li: Publicoreemtfiercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major ermit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non -
El
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached can be applied:
Ill(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
❑
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
60% ($240)
40% ($160)
4097 (see attached) canno
fl$475
be a lied:
IV. For development that
involves the filling and/or
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
III
open water areas:
NC Division of Coastal Management
Cashier's Official Receipt
8442 A B C D
Received From: ' G 1 1C1 [9.Ij�_��y�
Permit No.: / ']
Applicant's Name: l ( A �Q [_ ; t� Q A
Project Address:
Date: 4 20
$ asd . OG
Check No.:
County:
Please retain receipt for your records as proof of payment for permit issued.
1 Y
Signature of Agent or Applicant: 4t�
Signature of Field Representative: —
Date: Q
Date: 4
" -% —This is a word processing form to be completed in Microsoft Word'""
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/1/2012)
Zwerling I Date:8/512019
Project Site County: Carteret
Staff: Brad Connell
❑Wilmington
Project Name: Zwerling dock
Date of initial application submittal (EX: 1/8/2007): 4/16/2019
Date application "received as complete" in the Field office (EX: 1/8/2007): 7/30/2019
Permit Authorization: MCAMA Dredge & Fill Both
SITE DESCRIPTIONIPERMIT INFORMATION
PNA: Yes ZNo
Photos Taken: Yes ❑ No❑
Setback Required (riparian): ®Yes ❑ No
Critical Habitat: []Yes ❑No ®Not Sure
15 foot waiver obtained: ®Yes ❑No
Hazard Notification Returned:
[]Yes®No
SAV: ❑Yes ®No []Not Sure
Shell Bottom: ®Yes ❑No [INot Sure
Temporary Impacts: ❑Yes ❑No
Sandbags: ❑Yes ®No ElNot Sure
Did the land use Gassification come from
county LUP: ®Yes ❑No
Mitigation Required (optional):
❑Yes []No
Moratorium Conditions: ❑Yes ®No
❑NA
Environmental Assessment Done:
❑Yes []No ® NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
® High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
El (LS) Sea lavender (Limonium sp.)
El (SS) Glasswort ( Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
1 ❑ III(A) Private w/ D&F up to 1 acre; 3490
El III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
$100
and/or fill - $400
® I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or Comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15M0
lk Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Charles Zwerling
Date: 8/5/19
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
One
One
Pier
1
New Work ®
Replace
60,
6'
Maint ❑
❑ Y ® N
Finger piers
3
New Work
Maint ❑
Replace
❑ Y ® N
27,
3'
5
New Work ®
Replace
Boat slips
Maint ❑
❑ Y ® N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y [:IN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
revised 02115110
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Charles Zwerling
Date: 8/5/19
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. FL
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount
Open water
Dredge ❑ Fill ❑ Both ❑ Other ®
1,203112
1,203 ft2
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2608 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 02/15/10
Permit Class
NEW
Permit Number
99-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
for
RECEIVED
'JUL 12 K111
OCM-MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Charles Zwerling, 2709 Medical Office Place, Goldsboro, NC 27534
Authorizing development in Carteret County at adi. to Bogue Sound, 150 Headen Lane,
Salter Path , as requested in the permittee's application dated 3/12/15 (MP-1). 9/15/15
(MP-4), incl. attached workplan drawings (2), 1 of 5 dated 4/24/15 and 2 of 5 (cross -sections only) dated 4/24/15.
This permit, issued on September 24, 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Dockina Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconstructed docking facility. Any sewage discharge at the reconstructed docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
L Braxton avis, Director
IV
ision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Charles Zwerling Permit No. 99-15
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 (Action ID No. SAW-2015-01289), which was issued on 6/30/15.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
2015-0516.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 prior to the commencement of any
such activity for this determination. The pertnittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: An application processing fee of $400 was received by DCM for this project.
RECEIVED
JUL l x
DCM-MH0 CITY
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RECEIVED
,JUL g 0 2019
DCM-MHD CITY
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NCGS MONUMENT
J NET
A
N = 348.644.63
E = 2,635,241.45
NN ,
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NCGS MONUMENT
METHODIST
\/ N - 348.398.73
E - 2.635.257.99
LE END:
FIP - Existing Iron Pipe O
ECM - Fisting Concrete Monument ❑
FIR -Existing Iron Pipe Q
EPKN - Existing P. K. Nail Q
ERRS - Fisting Railroad Spike O
rA - Fxlsbng Axle O
SIP - Set Iron Pipe O
SCM - Set Concrete Monument ❑
SPKN - Set P. K. Nail Q
CL - Cenlerline
C.P. - Computed Pant
RAN - Right of Way
R - Radius ./ � U ce 5 a3 I 65
A -Arc 1 l/
MBSL - Minimum Building Setback Lim
Sq. Ft. - Square Feet
MB - Map Book
DB - Dead Book
AEC - Amu of Environmental Concern
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LINE LEGEND: .,�__ _._,�__ -
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Long Dash With E,-, Overhead Electrical Lines -
Solid I In -,Stationary objects (i.e. buildings, pavements, curbs, sidevaiks, e14) -
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■ Complete items 1, 2, and 3 Also Item 4 if Restricted I an complete
■ Print your name and addressry is desired.
so that wqq)can return theeard to on the reverse
• attach thif j" to the back of the mau�re,.,
or on the f 6N a _
2. Article Number
'S Form
mare or Delivery
- r —�tess below: ❑ No
❑ Registered an- ❑ Priority Mall Express'"
Insured Mail Return Receipt for Merchandise
�_ ❑ Collect
7111, 2120 0004
6902 3083
Domestic Return Receipt
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your n e and address on the reverse
so that we ca n return the card to you.
r Attach this ci rd to the back of the mailpiec
or on the fr t if space permits.
1. Article Addressed to
A
AA;nJA 1
/
,0 5,17 01l tc- ✓-`
3. Service Type
❑ Certified Mail®
❑ Priority Mail Express'
1 ✓ (. ✓% „ r
`. 'Z 5 5-/ G�y
G
❑ Registered
❑ Insured Mail
❑ Return Receipt for Merchandise
El Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ yes
2. Article Number
(fransfer from service label)
7014 2120
D004 6902
3076
IS Form 3811, July 2013
Domestic Return Receipt
RECEIVED
APR 16 2019
DCM-MHD CITY
,�
:;
;y
,:
`f
/
-
�_
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
-- — — ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: 6_ lA4 4,4 (� 2 wrtwL, r?,
Address of Property. /60 Wr4 J64L' ,
(Lot or Street #, StrtrRet or Road, City & County)
Agent's Name #: J Mailing Address: _
Agent's phone #:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described tome as shown on the attached drawin the development
imp
they are proposing AFscritiono%7diwp imerion�s"iiri"s%proviid'itff�t r.
" I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) In writing within 10 days of receipt of this notice. Correspondence should be mailed to 400
64 rmmerce Ave., Morehead City, NC, 28557. DCM representatives can also be contacted at (252) 808-
1M8.:No response is considered the same as no oblection ff vou have been notified by Certified Mail.
.7
WAIVER SECTION
I understand that a pier, dock, mooring pilings, 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.)
RECEIVED
y I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback s irdlynt. APR 16 2019
Pem mwo CITY
(Prop�rty Owner lnform
Signature
L' 4u t'j
Print or Type Name
a 5 Me /Lk 4zp � -
Mailing Address
Wstate/Zip
Telephone Number
`f /Irs 1Z01'i
J(Adjacent Property Owner I ormation)
Signature
// tial nis i/+
Print or Type Name
Mailing Address t"
G \
City/state2ip
Telephone Nur*e
J , '1
r {1:
Date
c.-
Revised 6/1tv_
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
--- -- ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner:
Address of Property: tv "W" 5sL7WA-
(Lot or Street #, Street or Road, City 8 County)
Agent's Name #:
Agent's phone #:
Mailing Address:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawin the development
they are proposing. wi�fa'��i c+'cones d ��A"�m�`e'rsariustbe�VV c�`''0tkil�lefge.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what Is being proposed, you must notify the Division of Coastal Management
(DCM) In writing within 10 days of receipt of this notice. Correspondence should be malled to 400
Commerce Ave., Morehead City, NC, 28557. DCM representatives can also be contacted at (252) 808-
2898. No response is considered the same as no oblection ff you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must Initial the appropriate blank below.)
-I do wish to waive the 15' setback requirement. RECEIVED
I do not wish to waive the 15' setback requirement.
APR 1 6 2019
Ming Address
& ouw?04D ox -
City/State%Zlp
ails-`m—
Telephone Number
N h dzo
(Adjacent Property Owner Infdd6*J4HD CITY
Siwi
i'yfGhP.e, l �'/orlYl.i
Print or Type Name
/6 D SXaAe, 08,
Mailing Address
Aber ZiA /* 2 8117-
City/state2ip
a J7 -a y�9 ;z9y1
Telephone Number
Date
Revised 611812012
CAMA Major Development Permit Application Checklist
This checklist is provided solely as an informational resource for permit applicants. A prospective applicant is
not required to fell out this checklist. It is also not required that this checklist be provided to the Division.
• Pre -application Meeting
While it is not required, you are strongly encouraged to schedule a pre -application site visit with a CAMA field
representative. Such a meeting can greatly aid in expediting the review of your permit application.
PERMIT APPLICATION FORMS
• Application Forms
All applicants must completely fill out all four pages of form DCM MP -I. Depending on the scope of your
proposed development, you will need to fill out some or all of the additional forms listed below:
DCM MP-2 Excavation and Fill DCM MP-4 Structures
DCM MP-3 Upland Development DCM MP-5 Bridges and Culverts
* All questions on the application forms must be completed or the letters "N/A" must be placed in each item
that does not apply to your proposed project.
* All of the information provided in these forms must accurately correspond with the submitted work plan
drawings.
WORKPLAN DRAWINGS
• Drawings must be neat, clear, and of standard size to permit photographic reproduction. If blue prints or sheets
larger than 11" x 17" are used, 26 copies must be submitted (it may be advisable to request that a CAMA field
representative inspect a final copy of the workplan drawing(s) prior to making the required copies).
• Each drawing must have a simple title block, which should include the applicant's name, drawing number (i.e.
Page 1 of 4), and the date the application was prepared. Undated drawings cannot be accepted.
• The workplans must be accurately drawn to scale (1" =200' or less). The scale must be indicated on each
drawing.
• Location Map
Your application must include a map showing the location of the proposed work or development. This map
must provide adequate information to allow someone unfamiliar with the project area to locate the project site.
• Top or Plan View Drawing
Your application must include a drawing(s) showing the following:
o Existing and proposed features (i.e. dunes, shorelines, water bodies, marsh lands, wetlands, existing
and proposed man-made structures, exact areas and dimensions of proposed excavation, fill and/or
spoil disposal, existing water depths, approximate mean high, low, and average water levels, property
boundaries and riparian corridors, width of the adjacent water body, distance of proposed structures(s)
to federally maintained channels, and names of adjacent property owners).
* Standard north arrow.
RECEIVED
1 OF/@8Z2W 6
DCM-MHD CITY
• Cross -Sectional (Side -View) Drawing
Your application must include a cross -sectional or side -view diagram(s) showing the following:
o Depth and elevation of existing structures and the proposed work relative to the existing ground level.
o Elevations of adjacent dunes (if applicable).
o Mean low water and mean high water lines.
o First floor elevations relative to mean sea level for any proposed buildings.
• Project Narrative
A narrative description of the proposed project should also be provided. This narrative should discuss the
character and purpose of the proposed development, construction methodologies and any other special or
relevant considerations.
• Application Fee
Your application package must include a check for the appropriate fees associated with your project (See
CAMA field representative for appropriate fee amounts.). Checks should be made payable to NCDEQ (NC
Department of Environmental Quality). NOTE: There will be a $25.00 Service charge on all return checks.
• Deed
Your permit application package must include a copy of a deed, purchase agreement, or other legal instrument
under which the applicant claims the right to develop the property in question.
• Consultant or Authorized Agent
If an authorized agent has been retained to obtain your CAMA permit, you must provide a letter granting your
agent the right to apply on your behalf.
• Wetland Delineation Approval
If applicable, documentation of U.S. Army Corps of Engineers wetland delineation approval should be
provided.
• Adjacent Property Owner Notification
Certified letters (Return Receipt Requested) with the copies of the permit application package (permit
application forms and appropriate work plan drawings) must be sent to all adjacent property owners. The
signed return receipt(s) must be provided with the permit application. This notification must also include
instructions to the adjacent property owner that any objections or concerns they have about your proposed
development should be provided in writing to the Division of Coastal Management (DCM).
• Stormwater Management Plan Certification
If your proposal will lead to an increase in built -upon area on your property, you may be required to submit a
stormwater management plan to the NC Division of Water Quality for review and approval. You are advised
that DCM cannot issue a CAMA permit until this approval has been obtained.
• Ocean and Inlet Hazard Notices
For projects within oceanfront and inlet areas, an Area of Environmental Concern (AEC) Hazard Notice Form
must be signed. This form is available from your local CAMA permit representative.
• Other Information
At the discretion of DCM, additional information may be requested.
For more information, refer to the North Carolina Administrative Code Section 710200 — Application Process.
Copies of this Section are available from the offices of DCM, and also from the website: RECEIVED
hqp:Hdeg.ne.gov/abouVdivisions/coastal-management.
Rev.AbUfAt9
DCM-MHD CITY
OeM MP-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant(LandownerInformation
Business Name
"
Project Name (if applicable)
Applicant 1: First Name
Cr,
MI
Last Name
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing
nAddress ',,-,�y/:��A
A" 1AD tilk s V\\ 1
PO Box
city
Stale
ZIP
Country
Phone No.
ext.
FAX No.
-
Street Address (i/diBerent from above)
City
Stale
ZIP
Email
zwe a
J
2. Agent(Contractorinformatiort
Business Name
Agent/ Contractor 1: First Name
MI
Last Nam
l
Agent/ CoMActDr 2: First Name
MI
Last Name
Mailing Address
PO Box
City
state
34
�
J0.\�e
//
V
ZIP�Q'
No.1
Phone No. 2
n`
�Phhoonne
Cku &g
-gka7 ext.
_ _
axt.
FAX No.
Contractor #
Street Address(dd#/erent from above)
City
State
ZIP
Email
bRECEIVED
<Form continues on back>
APR 16 2019
252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address Stale Rd. #
ereM) '� d
Subdivision Name
city
State
I
Zip
$q\ er M)t,
tc.,
019.1gs
Phone No.
Lot (if many, attach additional page with list)
- - ext.
�No.(s)
Lo ' ,
a. In which NC river basin is the project located?
b. Name of body of water no rest to proposed project
a
sou
c. Is the water body identified in (b) above, natural or manmade?
d. Name t4rdosest major water body to the proposed project site.
Natural ❑Manmade ❑Unknown
e. Is proposed work within city limits or planning jurisdiction?
f. If applic.We, list the planning jurisdiction or city limit the proposed
Yes ❑No
work fallswithin.
CQ (b,_,
.7L D. -1. 1. _I-_1 r.. A
cription ,
a.
Total length of shoreline on the tract (8.) b. Size of entire tract (sq.ft.)
45 y a .
c.
Size of individual lot(s)
d. Approximate elev ion of tract above NHW (normal high water) or
N QC
NWL (normal water level)
I
(if many lot sizes, please attach additional page with a list)
WNHW or ❑NWL
e.
Vegetation on tract
f
Man-made features and uses now on tract
CIA
g.
Identify and describe A existing land uses adjacent to the proposed project site.
E
x;s ; VN r;P.W
e
u Mtn
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
vt Zo C\e
Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes Jo No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes WNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes KNo ❑NA
National Register listed or eligible property?
<Form continues on next page> APR 16 2019
DCM-MHD CITY
252-808-2808 .. 1.888-4RCOAST .. www.nccoastalmanagement.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
m. (i) Are there wetlands on the site?
(if) Are there coastal wetlands on the site?
Major Development Permit
❑Yes
❑Yes KNo
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []NO
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply
p. Describe existing storm water management or treatment systems.
a. Will the project be for commerolal, public, or private use?
Mcommeroial ❑Public/Government
` s O
❑Private/Community
b Give a brief description of purpo , use, and d ily operations of the project when complete.
Ro'W
ihwkxr�
c. Describ 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. C, �,�
waoa franc aoa w;�r. f;vB �a J , aiUj
he aoc% t Aes �o �, �a , �
-54torleA � a
W,� A ;
d. List all dev I pment activities you propose.
�noL1� ask
`a `-
�t+,fr 1� ��UC f�Gl�s`� w:i-\ baa� 1���
a t
t•. e ja„�
e. Are the proposed activities maintenance of an existing project, new work, or both?
f. What is the approximate total disturbed land area resulting from the proposed project?
0
ZSq.FI or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ;QNo ❑NA
that the public has established use of? We
h. Describe location and type of existing and proposed discharges to waters of the state.
i. Will wastewater or stormwatO be discharged into a wetland? I
Oyes []No J(NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No JENA
j. Is there any mitigation proposed?
❑Yes ❑No A
If yes, attach a mitigation proposal.
<Form continues on back>
RECEIVED
APR 16 2019
252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagerrMCArUHD CITY
1
i
y
I
Form DCM MP-1 (Page 4 of 4)
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) — (l) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative. fie
b. An accurate, dated work plat (including plan view and cross -sectional wings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? I previously ithoerizxr�gd work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed. 111
c. A site or location map that is sufficiently det led to i e s cy arson el� n( ilia with a 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.
I. 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.
Sfa��e[-
Name ��1La SM�� Phone No.
Address
Name
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
ry;efI(A
_b:U oprk'}* l&inn
h. Signed consultant or agent authorization form, if applicable. G?Nt
I. Welland delineation, if necessary. M
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 fu ds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
.�v
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 Print Name
Signature ZZ
Please indicate application attachments pertaining to your proposed project. RECEIVED
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development APR 16 2019
JODCM MPA Structures Information
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable
a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public?
]Commercial ❑Public/Government ❑Private/Community AYes ❑No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? Pas []No
(ii)Number
If yes:
(iii) Length Sy{�y
(��)
ii Number 3—
(iv) Width
(iii) Length M.411
(v) Floating ❑Yes 0KNo
(iv) Width Tr-
(v) Floating ❑Yes KNo
e. (i) Are Platforms included? ❑Yes KNo
I. (i) Are Boatlifts included? 9Yes [-]No
If yes:
If yes:
(ii) Number
(ii) Number
(iii) Length
``�``''
(iii) Length -
IN) Width
(iv) Width
r
(v) Floating []Yes ❑No
NoteRoofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
—I L
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
b❑
Dockage, fuel, and marine supplies
fro
D4 Dockage ('Wet slips") only, number of slips:
1
�rV eX
❑ Dry storage; number of boats:
D
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types).
❑Open water; dredging for basin and/or channeli�
Open water; no dredging required
❑Other; please describe:
u I ,
k. Typical boat length: � I. (i) Will the facility be open to the general public?
CqYes ❑No DECEIVED
m. (i) Will the facility have tie pilings?
❑Yes RUNo
(it) If yes number of tie pilings? APR 16 Z019
DCM-MHD CITY
252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimananement.net revised: 12/27/06
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets 11
❑ Toilets for patrons; Number:_; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
teat. a%1-o&l
d. How will overboard discharge of sewage from boats be controlled?
�n aN\0 %1*2 o n Stir
e. (i) Give the location and number of "No Sewage Discharge' signs proposed. n
(it) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
-Abe, Ck.\)b%MA ow s-
g. Where will residue from vessel maintenance be disposed of?
o,%I,*A 0, S;I&
h_ Give the number of channel markers and "No Wake" signs proposed. —LLL
L Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin
t%_► 1 . -_ _%\_ 1 V \
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
2019
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanpgement.net revised: 12/27/06
Form DCM MP-4 (Structures, Page 3 of 4)
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
VYes []No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
JkYes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV (use
OWL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? [-]Yes ANo
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) (This section not applicable]
a, (i) Is the boathouse slructure(s):
[]Commercial ❑PubliGGovernment ❑Private/Community
(ii) Number
(!if) Length
IN) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpile; etc. If rock groin, use MP-2, Excavation and Fill.) Krhis section not applicable
a. (i) Number
.t
(it) Length
(fit) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) JKThis section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
C. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑PubliGGovernment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
This section not applicable
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
APR 16 2019
252-808-2808 :: 1-8884RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06
Form DCM MP-4 (structures, Page 4 of 4)
7.: GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
b. Proximity of structure(s) to adjacent docking facilities.
14al
c. Width of water body Ur d. Wirer depth at watenvard end of structure at NLW or NWL
,, 1Le
e. (i) Will navigational aids be required as a result of the project?
❑Yes J$No ❑NA
(ii) If yes, explain what type and how they will be implemented.
8. OTHER []This section not applicable
a. Give complete description:
Date
Project Name
C�OCVS Z1Jflr1���
Applicant Name
Appiicanature
RECEIVED
APR 16 Z019
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimananement.net revised: 12/27/06
Termination of Real Estate Contract
Between Matt Wright, Buyer and Charles Zwerling, Seller
Property: 150 Headen Lane, Salter Path, City of Indian Beach, Carteret County, North Carolina
Legal Description: Lot 6334.07.58.1775000
April 1, 2019
Dear Mr. Wright,
Pursuant to the terms and conditions of the real estate contract for purchase of the property 150
Headen Lane executed on February 16, 2019 with a Closing Date on or before March 30, 2019, I, Charles
Zwerling, Seller, am notifying you that this real estate contract has terminated due to your failure to
Close as the Buyer.
In addition to the Contract being cancelled and terminated, I, Charles Zwerling the Seller, will also retain
the following consideration according to Remedies on Default, Section 31 of the contract:
all earnest money as forfeited and the said money be deemed as liquidated damages and the sole
remedy for the Seller.
Sincerely,
Charles Zwerling
RECEIVED
APR 16 2019
DCM-MHD CITY
3/2 7�019 NC DEG: Coastal Management offers Emergency CAMA General Permit for hurricane recovery, lips for speeding up permit process
°r{; NORTH CAROLINA
r� Environmental Quality NC DEQ
Coastal Management offers Emergency CAMA General Permit for
hurricane recovery, tips for speeding up permit process
Raleigh, NC
Sep 20, 2018
Coastal property owners who need to replace docks, piers, bulkheads or similar structures damaged by
Hurricane Florence along sounds, rivers and creeks may be authorized to do so more quickly through an
emergency general permit offered by the N.C. Division of Coastal Management.
"Our goal is to allow coastal residents and businesses to rebuild quickly from the devastating winds, storm
surge and flooding caused by Hurricane Florence," said Michael Regan, secretary of the N.C. Department of
Environmental Quality. "The emergency permit gives us a science -based, environmentally sound way to do
this."
The emergency permit expedites the approval process for rebuilding docks, piers, bulkheads and similar
water dependent structures that meet state standards. The emergency permit may also be used for dune
reconstruction and maintenance dredging of existing channels.
The normal $200 permit fee is waived for the emergency permit, and, in many cases, no site visit or
adjacent property owner notification is required.
Secretary Regan activated the emergency permit today. It can be used in all 20 coastal counties: Beaufort,
Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover,
Onslow, Pamlico, Pasquotank. Pender, Perquimans, Tyrell, and Washington. The permit does not eliminate
the need to obtain any other required state, local or federal authorization, To see Regan's signed activation,
go to lions://fites.nc.gov/ncdea/Coastal+Management/documents/2018-09-20-CAMA-Emerg re cy-G ner -
Permit-15A-NCAC-7H.2500.pdf
(ht(ps:Hfiles.nc. gov/ncdeq/Coastal+Management/documents/2018-09-20-CAMA-Emergency-General-Permit-15A-NCAC-
7H.2500.pdf)
RECEIVED
Emergency permits must be obtained, and all work must be completed, by Sept. 20, 2019. APR 16 2013
Donate to Hurricane Recovery DCM-MHD CITY
The emergency permit cannot be used for rebuilding houses and does not apply to the replacement of
oceanfront structures.
Those who want to apply for the emergency general permit can help staff with the N.C. Division of Coastal
Management review your request as quickly as possible by following these guidelines:
1. First, call the Division of Coastal Management office that covers your county.
County
Office
Address
Telephone
Location
1367 U.S. 17
Camden, Chowan, Currituck, Dare, Gates, Pasquotank
Elizabeth
South
252 264-
and Perquimans
City
3901
Elizabeth City
j
252-808-
\
2808 or
400
Carteret, Craven, Pamlico, and Onslow County north
Morehead
Commerce
1-888-
of the New River (including Jacksonville, Hubert, and
City
Ave. Morehead
4RCOAST
Swansboro)
City
(1-888-
472-6278)
943
Beaufort, Bertie, Hertford, Hyde, Tyrrell and
Washington
252- 946-
Washington
Washington
Square Mall
6481
Washington
Wilmington
Brunswick, New Hanover, Pender, and Onslow south
127 Cardinal
910-796-
(Currently
Drive Ext.
of the New River (including Topsail Island)
7215
Wilmington
Closed)
2. Provide your name, name of any authorized agent working on your behalf, your address, phone number
and the project location. Include any detailed information that will be helpful, such as the state road
number, the name of the water body and the name of the subdivision or development. RECEIVED
Donate to Hurricane Recovery APR 16 2019
DCM-MHD CITY
3. You will be required to pick up your permit at a division office. If requested, bring with you a
description of the extent of the repair, replacement, dune reconstruction or maintenance dredging you
need to do, including dimensions and shoreline length. Pre- and post -storm pictures of the project are
helpful.
4. For projects involving dredging, please provide confirmation that the adjacent riparian property owners
have been notified by certified mail of the proposed work. The notice should instruct neighbors to
provide any comments about the proposed work to the Division of Coastal Management within 10 days
of receiving the notice, and that a lack of response by them will be interpreted as no objection. Or, you
can provide a signed statement of no objection from both adjacent riparian property owners. Forms are
available here: Wpp3,//dea.,nc goy/about/divisions/coastal-management/coastal-managem n -
permits jacent-riparian-property (https: deq nc gov/aboutldivisions/coastal-management/coastal-
management-permits/adj riparian-pr4per y).
5. If you have had any other CAMA permit issued for your property, please inform the division staff. Those
permits may contain information that will help staff with the Division of Coastal Management review
your repair or replacement request.
This press release is related to:
Coastat Management _( news press -releases?
field agency department tid=409&field agency department tid op=or).
Contact Information
Tricia Smith
tricia.smith@ncdenr.ggu (maitto:tricia.smith@ncdenr.ggu)
252-342-0642
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Donate to Hurricane Recovery DCM-MHD CITY
ROY COOPER
Cowmar
MICHAEL S. REGAN
Secretary
NORTH CAROLINA
Environmental Quality
ACTIVATION OF CAMA EMERGENCY GENERAL PERMTT 15A NCAC 7IL25001N
CAMA COUNTIES AFFECTED BY HURRICANE FLORENCE
I, Michael S. Regan, Secretary of Environment Quality, hereby find that observations and reports of damage
from Hurricane Florence, which affected the State from September 13-17, 2018, indicate that
implementation of CAMA General Permit 15A NCAC 7H.2500 is warranted. Upon recommendation of
Branton C. Davis, Director of the Division of Coastal Management, CAMA General Permit 15A NCAC
7H.2500 is hereby activated subject to the following conditions:
1. CAMA Emergency General Permit 15A NCAC 7H.2500 applies only to recovery activities from
hurricane -related damage•,
2. CAMA Emergency General Permit 15A NCAC 7H.2500 applies to sites within all twenty counties
within CAMA's jurisdiction, including: Beaufort, Bettie, Brunswick, Camden, Carteret, Chowan,
Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank,
Fender, Perquimans, Tyrrell, and Washington Counties;
3. CAMA Emergency General Permit 15A NCAC 7H .2500 authorizes the rebuilding of structures
on the estuarine shoreline and in estuarine or public trust waters, maintenance dredging of existing
boat basins, canals, navigation channels and ditches, and dune reconstruction. To be authorized
under CAMA Emergency General Permit 15A NCAC 711.2500, the development activity must
comply with the terms and conditions set out in the General Permit. All other existing general
permits and exemptions continue to be in effect;
4. Under Section .2502(f), all development authorized under this General Permit must be completed
within twelve (12) months following the activation of the General Permit;
5. Under Section .2503, the two hundred -dollar ($200) permit fee is waived for authorizations issued
under CAMA Emergency General Permit I SA NCAC 7H.2500.
6. All remaining provisions of CAMA Emergency General Permit 15A NCAC 7H.2500 as set out in
Sections.2501, .2504, and .2505 shall be in effect for 365 calendar days from the date of activation
indicated below and shall apply to all activities authorized under the General Permit.
This the ?—Q day of September 2018
Michael S. Regan, Secretary
NC Department of Environmental Quality
'J RECEIVED
Mx+m amieuD_E �
o-wr..iauw..suow,�
North Carolina Department otEnvlronarcmal Quality APR 16 2019
217 West tones Street 11601 Mall Service Center I aalN9h. North Carolina 27699-1601
919.707.8600
DCM-MHD CITY
3/2 9 NC DEQ: Coastal Management offers Emergency CAMA General Penult for hurricane recovery, tips for speeding up permit process
NORTH CAROLINA
�r Environmental Quality NC DEQ
Coastal Management offers Emergency CAMA General Permit for
hurricane recovery, tips for speeding up permit process
Raleigh, NC
P
Sep 20, 2018
Coastal property owners who need to replace docks, piers, bulkheads or similar structures damaged by
Hurricane Florence along sounds, rivers and creeks may be authorized to do so more quickly through an
emergency general permit offered by the N.C. Division of Coastal Management.
"Our goal is to allow coastal residents and businesses to rebuild quickly from the devastating winds, storm
surge and flooding caused by Hurricane Florence," said Michael Regan, secretary of the N.C. Department of
Environmental Quality. "The emergency permit gives us a science -based, environmentally sound way to do
this."
The emergency permit expedites the approval process for rebuilding docks, piers, bulkheads and similar
water dependent structures that meet state standards. The emergency permit may also be used for dune
reconstruction and maintenance dredging of existing channels.
The normal $200 permit fee is waived for the emergency permit, and, in many cases, no site visit or
adjacent property owner notification is required.
Secretary Regan activated the emergency permit today. It can be used in all 20 coastal counties: Beaufort,
Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover,
Onslow, Pamlico. Pasquotank, Pender, Perquimans, Tyrell, and Washington. The permit does not eliminate
the need to obtain any other required state, local or federal authorization. To see Regan's signed activation,
go to jittos://files.nc.gov/ncdeG/Coastal+ManagP_mentidocuments/2018-09-20-CAMA-Emerg=y-General-
Permit-l5A-NCAC-7H 2500.p.df
RECEIVED
Emergency permits must be obtained, and all work must be completed, by Sept. 20, 2019. APR 16 2019
Donate to Hurricane Recovery DCM-MHD CITY
The emergency permit cannot be used for rebuilding houses and does not apply to the replacement of
oceanfront structures.
Those who want to apply for the emergency general permit can help staff with the N.C. Division of Coastal
Management review your request as quickly as possible by following these guidelines:
1. First, call the Division of Coastal Management office that covers your county.
County
Office
Address
Telephone
Location
1367 U.S. 17
Camden, Chowan, Currituck, Dare, Gates, Pasquotank
Elizabeth
South
252 264-
and Perquimans
City
3901
Elizabeth City
252-808-
2808 or
400
Carteret, Craven, Pamlico, and Onslow County north
Morehead
Commerce
1-888-
of the New River (including Jacksonville, Hubert, and
City
Ave. Morehead
4RCOAST
Swansboro)
City
(1-888-
472-6278)
943
Beaufort, Bertie, Hertford, Hyde, Tyrrell and
Washington
Washington
252- 946-
Washington
Square Mall
6481
Washington
Wilmington
Brunswick, New Hanover, Pender, and Onslow south
(Currently
127 Cardinal
Drive Ext.
910-796-
of the New River (including Topsail Island)
7215
Wilmington
Closed)
2. Provide your name, name of any authorized agent working on your behalf, your address, phone number
and the project Location. Include any detailed information that will be helpful, such as�g8ft fpad
number, the name of the water body and the name of the subdivision or developmen . E((;;tt
Donate to Hurricane Recovery APR 16 2019
DCM-MHD CITY
3. You will be required to pick up your permit at a division office. If requested, bring with you a
description of the extent of the repair, replacement, dune reconstruction or maintenance dredging you
need to do, including dimensions and shoreline length. Pre- and post -storm pictures of the project are
helpful.
4. For projects involving dredging, please provide confirmation that the adjacent riparian property owners
have been notified by certified mail of the proposed work. The notice should instruct neighbors to
provide any comments about the proposed work to the Division of Coastal Management within 10 days
of receiving the notice, and that a lack of response by them will be interpreted as no objection. Or, you
can provide a signed statement of no objection from both adjacent riparian property owners. Forms are
available here: httppaj d A.nc.goy/about/divisions/coastal-management/coastaL-management-
permits a jacent-riparian-property_(https: deq.nc.gov/about/divisions/coastal-management/coastal-
managemen er i s dj -riparian-property).
5. If you have had any other CAMA permit issued for your property, please inform the division staff. Those
permits may contain information that will help staff with the Division of Coastal Management review
your repair or replacement request.
This press release is related to:
Coastal Management ( news press -releases?
field agency department tid=409&field agency-dizpartment tid op -or).
Contact Information
Tricia Smith
tricia.smith@ncdenr.ggu(mailto:tricia.smith@ncdenr.gov)
252-342-0642 RECEIVED
APR 16 2019
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Donate to Hurricane Recovery
ROY COOPER
Governor
MICHAELS.REGAN
Secretary
��. ED
NORTH CAROLINA 1
Envfronmenrat QaaUty
ACTIVATION OF CAMA EMERGENCY GENERAL PERMIT I SA NCAC 7FL2500IN
CAMA COUNTIES AFFECTED BY HURRICANE FLORENCE
I, Michael S. Regan, Secretary ofEnvironment Quality, hereby find that observations and reports of damage
from Hurricane Florence, which affected the State from September 13-17, 2018, indicate that
implementation of CAMA General Permit 15A NCAC 7H.2500 is warranted. Upon recommendation of
Braxton C. Davis, Director of the Division of Coastal Management, CAMA General Permit 15A NCAC
7H.2500 is hereby activated subject to the following conditions:
1. CAMA Emergency General Permit 15A NCAC 7H.2500 applies only to recovery activities from
hurricane -related damage;
2. CAMA Emergency General Permit 15A NCAC 7H.2500 applies to sites within all twenty counties
within CAMA's jurisdiction, including: Beaufort, Berrie, Brunswick, Camden, Carteret, Chowan,
Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank,
Fender, Perquimans, Tyrrell, and Washington Counties;
3. CAMA Emergency General Permit I SA NCAC 7H.2500 authorizes the rebuilding of structures
on the estuarine shoreline and in estuarine or public trust waters, maintenance dredging of existing
boat basins, canals, navigation channels and ditches, and dune reconstruction. To be authorized
under CAMA Emergency General Permit 15A NCAC 7H .2500, the development activity must
comply with the terms and conditions set out in the General Permit, All other existing general
permits and exemptions continue to be in effect;
4. Under Section .2502(f), all development authorized under this General Permit must be completed
within twelve (12) months following the activation of the General Permit;
5. Under Section .2503, the two hundred -dollar ($200) permit fee is waived for authorizations issued
under CAMA Emergency General Permit 15A NCAC 7H.2500.
6. All remaining provisions of CAMA Emergency General Permit 15A NCAC 7H.2500 asset out in
Sections.2501, .2504, and .2505 shall be in effect for 365 calendar days from the date of activation
indicated below and shall apply to all activities authorized under the General Permit.
This the 7— 0_ day of September 2018
Michael S. Regan, Secretary
NC Department of Environmental Quality
D E Q � RECENED
��� APR 16 2919
North Carolina Department aEnmronmental Quality HD ^''�
217 Weal Jones Street 11601 Mall Service Center IRaleigh. North Carolina 27699-1601 DCM_M
919.707.8600 V
At too
vr;.
VE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
Date 3 — 12 ' i I -
Applicant Name <,bAy- t^4 ZWa Q� ll
Mailing Address 270g ReA.cCi 6�Ft L
!�qoldgbbro 0 C-
John E. Skvada, III
. - Secretary
copy
I certify that I have authorized (agent) �DbkG44h `� (�rf to act on my behalf, for the
purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity)
64)&f S
Li P6
at (location)
��--
This certif,
Signature
RECEIVED
APR 16
DCM-MHD CITY
40o c«m�ce ate., Morehe� aty, Nc sessr
. RECEIVED
MAY 01 1015
µ+Mwa-rvinu �.ur,
IVhi�Fti ('!orn7ir�o
1"j
ATTACH M F-NT
Narrative Summary of the Homer's Point Marina Permit #163-07
and the Zwerling Adjacent Property 150 Headen Lane, Salter Path, NC
In 2006 the Salter Path Development Group, LLC ("Development Group") wanted to
expand and enlarge an existing marina known as Homers Point Marina ("the Marina') owned
and operated by Marie Smith, Mike and Frieda Fiorini . Dr. Charles and Melissa Zwerling ("The
Zwerlings") owned a parcel of land adjacent to the property which the Development Group
intended to utilize to expand this Marina at 150 Headen Lane, Salter Path, NC.. The
Development Group believed it needed the Zwerling's property to complete its marina
expansion. The Zwerling' s property bordered the waterway known as the Bogue Sound giving
it certain riparian rights as hereafter described. The Zwerling' s property was that certain lot
known as Lot Number Seven (7), Section Four (4), as shown on the maps of "Me Village of
Salter Path", which are filed with and incorporated in that certain Judgment of the Superior Court
of Carteret County, said Judgment being recorded in the Judgment Book 9, Page 45 and having
been entered in that certain proceeding captioned "Carteret County vs. Janice Lewis Austin, et
al.," Civil Action No. 75 CvS 236, said maps also being recorded in Map Book 16, Pages 45-50,
Carteret County Registry.
When the Zwerlings learned of the proposed Marina expansion, they filed objections with
CAMA on July 5, 2006, to the proposed Marina expansion, specifically to the building of boat
slips Numbers 34, 35, 36, 37, 44, and 45, because the slips would block the Zwerling's direct
riparian view of Bogue Sound as well as infringe on the Zwerling's ability to dock and
maneuver their boats. Still later, on January 2, 2007, the Zwerlings objected to the Marina
expansion and specifically objected to the building of only slips Numbers 21 through 36 and 43
through 48, because these slips would block the Plaintiffs' direct riparian view of Bogue Sound
as well as infringe upon their riparian corridor and their ability to dock and maneuver their boats.
Moreover, the extension of the Marina into the Zwerling's riparian corridor would create :> OQ U
dangerous congestion of marine vessels. '1lJl
On November 28, 2007, CAMA reissues Permit 4163-07 for Major Development for
Homer's Point Marina to Mr. Michael Fiorini. The Zwerlings made a third objection by means of
letter dated December 17, 2007. The grounds for this objection also were loss of riparian rights
and loss of riparian corridor. Permit #163-07 for Major Development was revoked by CAMA
on December 17, 2007 in a letter to Mr. Fiorini which states that the permit granted on
November 28, 2007 was based upon a Land Sales Contract by Mr. Michael Fiorini, wife Frieda
Fiorini, and Marie Smith with Dr. and Mrs. Zwerling on March 21, 2007. Since there was a
breach in the contract with the Zwerlings "the Sellers shall retain all riparian rights that they c 'j
had prior to the signing of the contract" and since the permit was based upon riparian issues
with said property, CAMA decided to revoke the permit in a letter to Mr. Fiorini on December
17, 2013 unless he produced legal documentation of a land purchase by December 21PORtp
RECEIVED MAY 01 7015
y ". ai-;y oia4.
APR 16 2019
DCM-MHD CITY
fmr- 2of #
Mr. Fiorini submitted an amended permit on December 20, 2007 with a letter stating
"1 would like to modify my permit to delete all docks which would be within Dr. Zwerling's area
of riparian access. This modification also deletes all structures within the 15' setback which is
required between areas of riparian access" Mr. Fiorini also submitted a revised survey map
demonstrating Dr. Zwerling's riparian corridor thereby reducing the number of slips from 72 to
65.
In January 2008, Mike Fiorini and the Salter Path Development Group approached Dr.
and Mrs. Zwerling and made inquiry about whether the Zwerlmgs would sell their real property
to the Development Group. At all relevant times Fiorini represented to the Zwerlings and to
CAMA that Mike Fiorini was the owner often (10) boat slips, slips Number 63-72. Verbally
and in writing, the Fiorinis represented to the Zwerlmgs that they were the owners of the ten (10)
boat slips (Numbers 63-72).
As a result of their negotiations, the Zwerling's as Seller and the Development Center as
Buyer entered into an Agreement dated January 7, 2008, wherein the Seller (the Zwerlings)
agreed to sell their parcel and the Buyer (Development Group) agreed to buy it for the sum of
$500,000.00. The Development Group agreed to pay and did pay $50,000.00 down payment and
agreed to execute a Promissory Note to the Plaintiffs for the sum of $450,000.00 payable at 8
percent (8%) animal interest with 120 equal monthly payments of $5,459.74. The Promissory
Note was to be secured by a Deed of Trust on the parcel and by a Security Agreement executed
by the Fiorinis giving the ten (10) bloat slips referred to above (numbers 63-72) as additional
security. The Agreement further provided that "Seller [the Zwerling's] agrees to release one
boat slip for each $50, 000.00 in principal payments received on the Note. In the event of
Buyer's [Development Group] subsequent default upon a promissory note and deed of trust
given hereunder, Seller's [the Zwerling's] remedies will be limited to foreclosure of the
collateral and return of real property described herein. " Also, prior to closing, the Seller (the
Zwerlings) agreed to deliver to the Buyer a letter addressed to CAMA withdrawing the Seller's
(the Zwerlings) objection to the expansion of the Marina filed by the Zwerlings on December 17,
2007. The Zwerlings, as Seller, did withdraw their objections by means of a letter to CAMA and
CAMA approved the expansion of the Marina Permit #163-07. As part of the Agreement, the
Defendants signed the Agreement under Seal as "GUARANTOR OF COLLATERAL. "
Pursuant to the terms of the Agreement, by means of a deed dated January 18, 2008, and
recorded in the Office of the Registrar of Deeds of Carteret County, North Carolina, in Book
1255, Page 124, the Zwerlings sold to the Development Group their parcel of land described
above. Pursuant to the AgreemeK the Zwerlings financed the acquisition of the real property
and to evidence the financing, the Development Group executed a Purchase Money Promissory
Note. The Promissory note was secured by means of a Purchase Money Deed of Trust dated
January 17, 2008, executed by Development Group to Joyce Keller, Trustee, with the Zwerlings,
as named Beneficiaries wherein the Zwerling's property described above was given security`
RECEIVED RECEIVED\ -
MAY 01 2015
N
APR 16 1 WSW -WO.. ,"
DCM-MHD CITY
PAGr S ds y
In conformance with the Zwerling's requirements and pursuant to the Agreement, the
Fiorinis executed a Security Agreement dated January 17, 2008, wherein the Fiorini purported to
give the Plaintiffs a security interest in ten (10) boat slips, bearing Numbers 63, 64, 65, 66, 67,
68, 69, 70, 71, and 72, as shown on a CAMA Permit 163-07 issued to, Mike Fiormi, on
November 28, 2007, as additional security for the Promissory Note. The Fiorinis also purported
to convey to the Zwerling's an easement to and from the above- described boat slips.
In the Security Agreement, signed under Seal, the Fiorinis warranted to the Zwerlings
that the Fiormis were the owners of the boat slips (Numbers 63-72) free from any adverse lien,
security interest, or other encumbrance, and that the Fiormis would defend the property against
the claims and demands of all persons whatsoever.
In about January of 2012, the Development Group defaulted on the Promissory note. The
Zwerling's substituted John M. Harris as Trustee under the above Deed of Trust. John M.
Harris, as Successor Trustee, initiated a foreclosure proceeding in the Office of the Clerk of
Superior Court of Carteret County, North Carolina, and, after advertisement as allowed by law,
sold the real estate described in the Deed of Trust to the Plaintiffs for the sum of $180,000.00.
The Trustee Deed concluded with transfer from Salter Path Development Group, LLC to Charles
and Melissa Zwerling of said property located at 150 Headen Lane, Salter Path, NC with
"interest in all easements, riparian rights and rights of way appwlenant to or used in connection
with the land... " C 0 T)y
The Zwerling' s began the process of exercising their rights under the Security
Agreement when they became aware that the Fiorinis did not and do not own the 10 boat slips
(Number 63-72) in question, which were purportedly given to the Zwerling's as a security on
the Promissory Note referred above. Each boat slip (Numbers 63-72) had been agreed to have a
value of $50,000.00 each. The Zwerling's have now learned that the Development Group
likewise does not and did not own the 10 boat slips (numbers 63-72); rather, they are owned by
Mane Smith, the mother of Frieda Fiorini. The Fiorinis breached their warranty of ownership
because they did not own the 10 boat slips (Numbers 63-72).
In addition the Zwerlings have been further damaged in loss of their riparian rights to
have dockage and mooring for their boats and their riparian corridor which is now infringed
upon by sixteen (16) boat slips and lifts by the Marina. Apparently in 2008, according to Permit
#163-07 the Salter Path Development Group, LLC "transferred" the then two (2) existing boat
slips of the Zwerling's property to the overall marina project. These two (2) boat slips have not
been transferred back to Dr. and Mrs. Zwerling, as pursuant to the foreclosure deed and title as
directed by the NC Court in June 2012. Thus, the result of this loss of riparian rights has caused
the Zwerlings to have " no formalized mooring or dockage of any vessels, even on a tempo mj{
basis, is authorized on the adjacent pier formally {sic} owned by Dr. Zwerling"
RECENED
RECEIVED MAY 01 705
APR 16 2019 ho-03V�moH+f,
DCM-MHD CITY
The end result is that the Zwerlings have lost their rights under the Security
Agreement and their riparian rights for boat dockage and their riparian corridor which is
now obstructed by the sixteen (16) boat slips of the Marina.
In February 2015, the Zwertngs, the Fiorinis and Salter Path Development Group entered
into a court ordered mediation settlement in which the Salter Path Development Group and
Fiorinis promised to " shall in fact will provide any assistance reasonably necessary for the
Plantiffis (Zwerlings) to secure a CAMA permit for Plantii s (Zwerlings) to be able to construct
a facility on their property for the keeping of at least (4) boat lifts and one wet slip on the
Plantifs (Zwerlings) property located in Salter Path, NC"
The Zwerlings have noted that according to Mr. Roy Brownlow's letter of March 2015,
if Homer's Point Marina (the Fiormis and Salter Path Development Group) will close off and
remove five (5) of its slips, then the Zwerlings proposed 5-slip Docking Facility will not result in
the closure of surrounding open shellfish waters and will be allowed by CAMA.
Presently, the property at 150 Headen Lane owned by the Zwerlings, is being used by the
Salter Path Museum, a subsidiary of the Heritage Dance Foundation. The museum needs to have
docking facilities in order for dockage by boating visitors to the museum and the development of
boat tours and educational programs related to history and preservation of Salter Path. Thus, Dr.
Zwerling has submitted his proposal for the five (5) boat slips to CAMA.
y0p�
RECEIVED
MAY 01 2C15
RECEIVED ""WJ-W'n!� *,
APR 16 2019
DCM-MHD CITY
ICA1 W-8
APPLICATION for
Major novelopmewpormit—_
(last revised 12127106)
North Carolina DIVISION OF COASTAL- MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
hi S
MI
Last Name
E
Applicant 2: First Name
MI
Last Name
If additional applicants, please site an additbnal page(s) with names listed.
Mailing Address
2 709 M r ea 09, Ce. P
PO Box
oldSbori
State
N
ZIP
275
Country
P
'No.
-3 3 axt,
FAX No. '
Street Address (if different from above)
City
Slate
ZIP
Email
-We,rLI 'patroom.oC
2. AgentleontractorInformation
U
Business Name
Agent/ Contractor 1: Firs'
J70.A
Agent/ Co ctor 2: First Name
MI'
MI
Last Name
C u c��e
Last Name
Mailing Address
PO B�oLx
�gjt'�Ly40St1
SlateeB
N4L
ZIP
2s l
Phone No. 1
76$S
Phone No. 2
ext.
FAX No. .
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
<Form continues on bacctECEIVED MAY 01 10h
DCM-MHD CITY
Forin DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
c ter
160 aArQ rn 1-nn e,
State Rd'#'
Subdivision Name City,, I {y� 1
Sak(O'y l Q V1
State
(Z'
Zip
Q !� D —) 7
Phone No.
Lot No.(s) (d many, attach additional page with list)
25z $off ?6%Sexl.
Lof '7
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Oa
`3 o wL S cn
c. Is the water body Identified in (b) above, natural or manmade?
d. Name theklosest major water body to the proposed project site.
')Natural ❑Manmade ❑Unknown
�O IIA_` (3L1.f'1
J
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
falls.
�Yes ❑No G
r�-er urt
•work
C•Q•� r� CO1
* ?rn net 14 1oCA.K4 tT-, 0.YY l4n-znr)4?,d OXxA V
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
c. Size of Individual lot(s)
1114 QC.
d. Approximate ele tion of tract above NHW (normal high water) or
NWL (normal water/evel)
,
(If many lot sizes, please attachadditional page with a list)
JjNHW or 'NWL 5151.
e. Vegetation on tract
NO
f. Man-made features and uses now on tract
�LkI Id (n pnd -do .
g. Identify and describe a exlstlng land uses adlacent to the proposed project site.
rrXt5i'IrlG) i11nAt"IT�4
3 Yaeat + Lof'
h,. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
U O f12 1
19yes ❑No DNA
J. Is the 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 KNo DNA
If yes, by whom?
I. Is the proposed project located In a National Registered Historic District or does It Involve a ❑Yes "RNo VNA
National Register listed or eligible property?
<Form continues on next page> MAY 01 2015
RECEIVED k�►°�s�ti,�iry
APR 16 2019
DCM-MHD CITY
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? Oyes f No
(fl)'Are'there'coastaf weifand's do tfie sb? — ..... oyes..pt,IN6 '
(III) If yes to either (I) or (II) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
o. Describe existing ddnking water supply source.
TL, 6l t e, wo, r S ev�,e m
p. Describe existing stone water management or treatment systems.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? Xcommerclal ❑PubliclGovemment
❑PrivatetCommunity
b. Give a brief description of purpose, use, and daily operMons of the project when complete.
�M'usw. u r»
�R►Y mock
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.
�ocd WA {, fr, v'*- by SAWP'$dFT w � t#y4PW &1
ILE"Su�Pa22�OD�,�«E5 to(3E"TE"�.
d. List all development activitlas you pr000se.
7�'l3oai'. dock 1
nsfQ FrYt,bo0.- '51,P tn)t�E,
e. Are the proposed activities maintenance of an existing project, new work, or both?
. 44CL V
f. Whet is the approximate total disturbed land area resulting from the proposed project? Ksq.Ft or[]Acres
g. Will the proposed project engroach on any public easement, public accessway or other area []Yes kNo ❑NA
that the public has established use of? No
h, Describe location and type of existing and proposed discharges to waters of the state.
!:)o c�tra�kna nWAY- vif-9; S1 <-ov to
1. Will.wastewater or stormwater be disoharged Into a wetland? Yes ❑No NA .
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No *A
J. Is there any mitigation proposed? ❑Yes ❑No A
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on bTMCbVED MAY 51 2015
W'6-
APH ugnl r.lu,
6 2019
.A
r'
DCM-MHD CITY
,
Form DCM MP-t (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed appikallon form, (MP-t) the (ofloWQgiteMbpfgw„i(pppl!Mbre, fnust be subntifled in order forthe aprificatlon
package to be complete. items (a) — (M are always applicable to any major development applfoall on. Please carsuit the epplicadon
Instruction booklet on haw to property prepare the required Rems below.
a. Aproject non- S G G fFrAG l� 1`'� �N� CD
b. An accurate, uwaa work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
Propos� ed project. Is any portion already complete? If preNoasly authorized work, dearly Indicate on maps, plats, drawings to distinguish
between work completed and proposed. •ei,'e - lo• t
c. A site of location map That Is sufficiently detaeed to guide age ney pars net nf� at r vAfh t arelto tails.
d. A copy of the deed (with stale application only) or other instrument under which the applicant claim fide to the affectedJdays
e.. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts
owners have received a copy of the application and plats by canlfied mail. Such landowners must be advised that they
which to submit comments on the proposed project to the Division of Coastal Management
Name vi'MAt Phone No.
Address 1 (,.j 1� H ri g iANV Lb, 4190,flL 16Q:11
Name VW*400T S0,W t'-7',k/ 1 rt, ��fifi �vyy %Phone No.
Address
—Phone
Name No.
Address
g. A flat or previous slate or federal permits Issued for work on. the project tract. Include permit numbers; permittea, and Issuing dates-
It. Signed consultant or agent authorization form, if applcabe.
I. Well and delineation, If necessary. A,
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by pmperfy awned N jA
k. A statement of compliance with the N.C. Enviorunenlal Policy Act (N.C.G.S, i i3A t-to), if necessary. If the project involves expenditure
ublic funds or use of public lands, attach a statement documenBng compliance with the North Carolina Environmental PollcyAct.
I understand that any permit issued in response to this application will allow only the development oescnoeu in me appnwuun.
The project will be subject to the conditions and restrictions contained in the permit.
1 certify that I am authorized to grant, and do in fact grant permission to representatives of slate 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.
1� j"�%) Print Name ir'-MA UM t itlF�N f� r
Oats
Signature
Please indicate application aaacnmems penaining to your proposed project RECEIVED
EIDCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts
[]DCM MP-3 Upland Development
)l(DCM MP4 Structures Information RECEIVED
APR 16 201g
MAY 01 208
H'I-NSI-W,InM
DCM-MHD CITY
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint.Application for CAMA Major Permit, Form DCM MP71. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINACHARACTERISTICS JThlss�chonrtbt8 llo �p
a. (1) Is the docking facilityrmarir.a. b. (i) Will the facility be open to the general public?
ElCommemial ❑Public/Government ❑PdvatefCommunity PQYes []No
c. (Q Dock(s) and/or pier(s)
(II) Number I
(111) Length
(Iv) Width Li
(v)Floating []Yes JKNo
e. (1) Are Platforms included? []Yes KNo
If yes:
(it) Number _
(ill Length
(iv) Width _
(v) Floating []Yes []No
Note: Roofed areas are calculated from driptine dimensions.
g. (1) Number of slips proposed
5
(fNumber of slips existing
L Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
NOpen water; no dredging required
❑Other, please describe:
k. Typical boat length: Zq'
in. (i) Will the fdcility have be pilings?
[]Yes KNo .
(11) If yes number 4tle pilings?
d. (Q Are Finger Piers included? NYes []No
If yes:
(II) Number 3
(Ili) Length) r
(iv) Width
(v) Floating ❑Yes $1No
f. (1) Are Boatlifts included? NYes []No
If yes:
(IQ Number
(I10 Length 12 ( c?
(iv) Width 1Z� '\y,
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service 5' QRO�'�SLp
❑ Dockage, fuel, and marine supplies
® Dockage ('Wet slips") only, number of slips: 1 b E w-r Itip
❑ Dry storage; number of boats: —
❑ Boat ramp(s); number of boat ramps: —
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
PW R,AN A30WT
I. (i) Will the facility be open to the general public?
R]Yes []No
RECEIVED
RECEIVED MAY 0 X 2015
APR 16 2019
252.808.2808 :: 1-888+3RC®AST :: www.nccoastaimananement.net DCM-MHD CITy revised: 12/27/06
-Form•DCM MP-4 (structures, Page 2 at 4)
❑This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: Location: I J O N E PRO P Q Se
❑ Showers
❑ 8oatholding tank pumpout; Give type and location: N ON G PR 0 p b SEp
b. Describe treatment type and disposal location for all sanitary wastewater.
N ONE A LLO wEo
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
NONE ALLDwt-)) DN SITE'
e. (1) Give the location and number of 'No Sewage Discharge" signs proposed.
ONES16M LOCPri-GU AT DDCK CN-(RAnrGE
(IQ Give the location and number of'Pumpout Available" signs proposed.
NDfvG ?F-DV1bED
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and 'No Wake'signs proposed. 0
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
RECEIVED
Tf .DAL OPEN RI LL _1Xnk f N O FAG I LTTY NO e 11015
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the madna/docking facility proposed within a primary or secondary nursery area?
(Yes ❑No
RECEIVED
APR 16 2019
252.86a-2808::1-888-4RCOAST:: www.nccoestafmananament.neY revfaed: 12127/ 6
^Fom].'DCM. MP-4 (structures, Page 3 of 4)
n. Is the madna/docking-facility proposed within or adjacent to any shellfish harvesting area?
XYes []No
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (OW), submerged aquatic vegetation (SAV), shell bottom
(SEI), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV jNSEI
OWL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes $)No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
a. (q Is the boathouse stmcture(s):
❑Commercial ❑Public/Govemment ❑Pdvate/Community
(II) Number
(ill) Length
(iv) Width
Note: Roofed areas are calculated from ddpllne dimensions.
(e g, wopa sheetpde, etc. If rock groin, use MP-2, Excavation and Fill.) �Thrs section not appf(o¢¢le.
a. (1) Number
(11) Length
(Ili) Width
P ) 'on not applicable
wood, sheet ile 'etc. �Thls sects,
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
�Op�f
6. MOORING PILINGS and BUOYS 9This section not applicable
a. Is the structure(s):
❑Commercial ❑PublIdGovemment ❑Pdvate/Community
G. Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
b. Number
d. Description of buoy (color, Inscription, size, anchor, etc.)
RECEIVED
RECEIVED
7 GL�IV RAt: ,2019
DCM.MHD CITY
252-808-2808 :: 1.688.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06
-Form. DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structures) to adjac nt riparian property lines
15'Pori C- AnF A` TOSM1Th Lois
Note: For buoy or mooring piing, use arc of swing including length
of vessel.
c. Width of water body
/I'U C13oG,uc50fAND>)
e. (1) Will navigational aids be required as a result of the project?
[]Yes �MNo [JNA
(11) If yes, explain what type and how they will be Implemented.
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at waterward end of structure at NLW or NWL
4-'
'O�J�q I 4Thlssec(ir�tnot��roati
a. (live complete description:
?RWEGT Gop5t5T5 or, faX6-7,5 DoC-K VJUlf 3-un 57wC7gR PIERS "D
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DCM WILMINGTON, NC IdAY e! ?0b
S E P 1 5 2015 "R9CE1VED
APR 16 2019
252-f108-2808:: 1-888-4RC0AST:: WWW nccoastaimanagement.net DCM-MW&0W7=
r 4b
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles Zwerling
2. LOCATION OF PROJECT SITE: Site is at 150 Headen Lane, off of Salter Path Road, on
Bogue Sound in Salter Path, Carteret County.
Photo Index - 2006: 38-8076 grids P-16; 2000: 38-485 grids P-16
State Plane Coordinates - X: 803228.176 Y: 106324.922
Longitude: 76°53'11.62"W Latitude: 34°41'23.62"N
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE:
Dates of Site Visit — several since 2015
Was Applicant or Agent Present — Yes/No
Photos Taken — Yes
5. PROCESSING PROCEDURE: Application Originally Submitted — 4/16/19
Office — MHC
Application Received Complete — 7/30/19
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County
Land Classification from LUP — Rural with Services
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — none
Planned - none
(F) Type of Structures: Existing — local museum and bulkhead
Planned - 5-slip docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: DREDGED FILLED OTHER
(A) Open Water
1,203 ftz incorp
627 ftz shaded
(E) Total Area Disturbed: 1,203 ft`
(F) Primary Nursery Area: No
(G) Water Classification: SA; HQW Open: No
(II) Cultural Resources: None
8. PROJECT SUMMARY: The applicant wishes to construct a 5-slip docking facility
for commercial use.
Field Investigation Report:
Page 2 of 3
r
9. Narrative Description: /
(ZO,
This is a request tow CAMA Major Permit #99-1S that was issued on Septe ber 24,
2015 and expired on December 31, 2018. q .0 � - �� 4c4r,,, 1.9 t toW/L PrO Ifi�,
The property is a 0.114-acre parcel at 150 Headen Lane in Salter Path, Carteret County. The
Carteret County Land Use Plan h classified this area as Rural with Services, with CAMA
JAEC's classified as Conservatio . This site is developed with an existing bulkhead and a
5 i g� t building currently be g1use'J Jqcal museum. The applicant wishes to construct a 5-slip
t dockingfacilitylorcommtrer se. `(ta %/A2o_',� ee -k4- 94ek fs 4 Mwr»
There is a total of 51' of shoreline on this property, along Bogue Sound. Bogue Sound is lop
approximately 2.5 miles across at this location. The nearby designated Federal Channel is
approximately 2.0 miles north of this location. There are no Section 404 or coastal wetlands
on the property. The average upland elevation on the property is 5' normal high water level
(nhw).
These waters of Bogue Sound are classified as SA, High Quality Waters. None of the project
area is within PNA; it does not have submerged aquatic vegetation, and is closed to the harvest
of shellfish. Bottom elevations within the project area range from -1 to —4 feet normal low
water level (nlw). The bottom substrate is coarse sand and does not lend itself easily to
suspension. These waters have an approximate'/-2' lunar tidal amplitude. qq
1 I-� .e=L 4
10. Proposed Development: (�'� a4 _ *r
The a li -slipdockingfacilityfor commerci�
lacent riparian property to a west is a co ercial marina (ref. Major Permit #163-0 Pn2u�
The adjacent riparian property to the east is aterfront restaurant. mLA,.�
r9k,i+ pe-,��atk,
The applicant is proposing to construct a pier that is 6' wide and 63.5' long, approximately
5' from the eastern adjacent riparian property line. ere are three finger piers proposed to
support the five boat slips. Each finger pier will be 3 wide and 27.3' long. The first boat
slip would be a side -to slip and the remaining four Vould be defined by 12' wide and 12'
long boat lifts. Water depths within the boat slips r#nge from -2.5' to -4.0' nlw.
11. Anticipated Impacts: JJnArAlk`,�. 3c xpcj, det Atudiy c S S
According to the specific conditions of the adjac
i¢ Permit #163-07, this proposalcould si ti
resource in the project area roposed o
adjacent mariave an impact on the adj
� .11 t r
Iad Corutell q�,�f� August 5, 2019
1
S�Wk A
riparian property s LAMA Major
significant impact on a shellfish'
,d boat slips, coupled with the existing Bq Pndutti
Ot open shellfish waters.
`i� � n"a�au�i`U..
Moreligyead caw, ck, "
(J J ogpk,
Field Investigation Report:
Page 3 of 3
The proposed 5-slip docking facility would not pose a hazard to navigation as it would be 20'
from the edge of the navigable slough. As proposed, the docks and finger piers will shade
approximately 627 ft of open water/shallow bottom habitat, which incorporates 1,203 fo
along 47' of shoreline. The proposal encroaches into both of the adjacent riparian property
setbacks.
No SAV were observed in the area. These waters of Bogue Sound are not listed as Primary
Nursery Area (PNA) and are classified as SA, High Quality Waters. These waters are within
the White Oak River basin and are closed to the harvest of shellfish.
Brad Connell
August 5, 2019
Morehead City
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
DATE:
August 5, 2019
TO:
Gregg Bodnar
THRU:
Roy Brownlow
FROM:
Brad Connell 0L
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SUBJECT: Comments and Recommendations - CAMA Major Permit — Charles Zwerling,
Carteret County
The following is my assessment and co e�uent recommendations of the above referenced
proposal: this proposal is a request to LONICAMA Major Permit #99-15. Assuming that state
and federal agencies concur with the proposal, I recommend the project be authorized as
proposed, contingent upon the following conditions:
�Y'f
1. The authorized structures and associated activity must not cause an unacceptable �,�.t�
interference with navigation, and shall not extend more th�t 64' waterward of the existing w
deck alignment; Al
- 2. Prior to the initiation of construction activities, a licensed professional surveyor shall
physically mark and identify the riparian corridor in accordance with the riparian line
survey dated May 20, 2019 drawn by Arthur R. Denning, and received by the DCM on
July 12, 2019;ti
3. No sewage, whether treated or untreated, shall be discharged at any time from any boats
using the docking facility. Any sewage discharge at the docking facility shall be
considered a violation of this permit for which the permittee is responsible. This
prohibition shall be applied and enforced throughout the entire existence of the permitted
structure;
4. This permit authorizes only the docks, piers, and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, may become a permanent part of this
docking facility without permit modification. No non -water dependent uses of structures
may be conducted on, in or over public trust waters without permit modification;
5. No attempt will be made by the permittee to prevent the full and free use by the public of
all navigable waters at or adjacent to the authorized work;
6. The authorized structure and associated activity must not cause an unacceptable
interference with navigation;
7. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third
party;
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Zwerling
8/5/19
Page 2 of 2
8. This permit authorizes a maximum of five boat slips. At no time shall more than five
vessels be moored or docked at the facility. The restriction of the number of vessels
shall apply to all marine vessel types, including but not limited to motorboats, sailing /
vessels and personal watercraft; ✓„l(/
9. Prior to construction of any new boat slips or other docking facilities under this permit, the
permittee must apply for and receive an easement from the Department of
-- Administration's State Property Office as required under N.C.G.S. 146-12(e);
The construction and/or operation of the authorized facilities shall not directly result in
any closure of any waters that are open to the taking of shellfish. Any such closure J
directly attributable to the marina facility will require that the permittee undertake
remedial actions to remedy the situation. Such actions may include, but are not limited
to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the
cause(s) of the closure;
11. Any development or land disturbing activity that is considered non -water dependent is
not authorized within 30 feet of the normal high water level unless specifically exempted
by Coastal Resource Commission (CRC) regulations in place at the time of such
development.
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: Future development of the permittee's property may require a modification of this
permit. Contact a representative of the Division at (252) 808-2808 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 high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division
prior to project initiation.
NOTE: This permit does not convey any rights, either in real estate or material
NOTE: Should either adjacent property be sold prior to the initiation of construction, the
permittee shall be required to obtain a signed riparian corridor waiver from the
new property owner prior to the placement of any structures within the 15 foot
riparian corridor.
CC: Roy Brownlow, DCM
DCM Coordinator: Gregg Bodnar Distributed Yes® No 0
Applicant: Charles Zwerling ]Distribution Date: 8/9/2019
AGENCY
WIRO
O WAR
tt�,,
uID ow QO.-- 1
LPO
Rachel Love AdrickWHC
Rachel Love Adrick Washingon
DCM Planner
Mike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
Liz Hair i
Raleigh Bland (Beaufort Camden, Chowan,
(Carteret, Onslow, Pender)
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Tyler Crumbley (Temporarily away
Josh Peletier— (Bertie, Currituck, Dare, Gates,
everything goes to Liz)
Pamlico, Posquotank, Washington)
USCOE (NC DOT)
(Brunswick, New Hanover)
DOT - TomSteffans— (Beaufort, Carteret,
DOT Brad Shaver
Craven, Pamlico
(Brunswick, New Hanover, Onslow,
Pender)
Mark Zeigler (Onslow, Pender, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort Carteret Craven, Eliz
Lee Padrick (Beaufort Carteret Craven
City, Pamlico, Washington)
Eliz City, Pamlico, Washington
Cultural Resources
Renee Gledhill -Earley
Renee Gledhill -Earley
Underwater Archaeology
Chris Southerly or Nathan Henry
Chris Southerly or Nathan Henry
Div. of Water
Infrastructure
Heidi CoO
Curt Weychert WIRO
Clif Whitfield
Marine Fisheries
Shane Staples MHC
Shane Staples WARO/ECRO
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon Gupton
Shannon Jenkins & Sharon Gupton
State Property
Tim Walton & Mike Moser & Wanda
Tim Walton & Mike Moser & Wanda Hillard
Hillard
DEMLR/DWR:
Shelton Sullivan
Shelton Sullivan
(NC DOT)
Kristy Lynn Carpenter
Kristy Lynn Carpenter
DEMLR
Sediment & Erosion
Dan Sams
Sami Dumpor
Storm water
Christine Hall
Roger Thorpe
DWR 401
Robb Mairs (Carteret New Hanover
Anthony Scarbraugh
Onslow, Pender,)
Chad Coburn (Brunswick)
(NC DOT)
Joanne Steenhuis Brunswick, New
Garcy Ward
Hanover, Onslow, Pender
WRC
Maria Dunn (WARO)
Maria Dunn (WARO)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program
Rodney Bulter
Rodney Bulter
H:\Major Permit\Maj Comment Disrution Sheets\Maj Comment Distribution Sheet 2019.docx
Revised : 5/7/2019
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
August 9, 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 (Courier 11-12-09)
oregg. bod nar(a)ncdenr. gov
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path in
Carteret County.
Proposed Project: To construct a 5-slip docking facility for commercial use. Previously
permitted in 2015. Refer to major permit #99-15.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar by August 30, 2019 at the address above. If you have any questions
regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. When appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*'Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
,DEQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808
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