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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 �z (r y� -f a�: n`�d,. ro7Siiu s� re�1 ia� hotiH� is;r 1'e ik ?ro4e T1ta+ �rp s� &>wY Ir'Du,+c► f iS 1144M&tA I%J F11r, 1Sd 440 ^4'-f S. .,x Ca,tk pro.COS.VCS t4c, �% ao v)",'4 1(c C� f 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 - -TZ) o'n�, Fax Distribution: Permittee #: Agent# c r C= c Lo m n m C t B 11 a i b i b% r�r n.1w.a.or�uewyur- -w+xnrs�m[�.awr�wYSIW wpJgs�l �qo x.— iirv�.s —v.Martirw — — � or �r�nvrn uw.T�..rs— Not for Recording BOGUE SOUND o1 q4 ON 1`D 4D / YNP ,04/ VICINITY MAP NO / N ,E�j' RED �, NOT TO SCALE -Ei — �j uN/ Nt•10- N" / 013— \ / /vP/ 10��'2 GREEN Bum' SON 0.- 10I�0I/ pel- — — O EN— E VApE� Vi ,,.� - BOGUE SOUND — WOlWO BUOY oCj k BOGUE SOUND SHORE DR. SITE P ; HEADEN LN. ACREAGE BY COORDINATE METHOD LOT 7 5026.70 SF. = 0.11 AC. HWY.58 SALTER PATH ROAD Lu > W o Qf Q U a 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 T.M.(M)3411 1 E-1 an�Mneury 9� O a' $ eyF�p®pmal.cpn $I.Ab 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'" CERTIFIED MAIL° RECEIPT Domestic Mail Only PAFor delivery information, visit our website at wtvtvuspscom of M cwtifleo Mail Fee 11.1 O IE.n._c UI MR ptilwdoopy) s Q R ❑Realmpt(e o 0 Pa O ❑CapgeO Mall RaeNpted MlNM' 0 t 0 ❑Pnun Stpne�n ReeWad °age R.,�e� . 1 2019 O Postage 1 $ � O Total Postage and Fees $ 0-' a Sent M ( Ski/ G c2p� C3 ,124-,] SireeiFhd'/lot. No.. of iyJSax"No. "�JrJ-�----- r` Certified Mail service provides the following benefits: •Aracelpt(this portion of the Certified Mall label). for an electronic return nalBipt,see aalafi • A unique ldentiflar for your mallplece. associate for assistance. 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PS Pom3800, April Mns(Rawaae) Part lsablip 0 9oii V12/2011L USPS.com® - USPS Tracking® Results TROPICAL STORM THREATENS GULF COAST. SEE IMPACTS TO USPS OPERATIONS IN YOUR ... 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Adult signature service, which requires the • You may purchase Certife0 Mail service with signee to be at least 21 years u age (not First. less Mail', �'ihfl{t@ss'�icl�ge�M1Y, available at retaip. or Priariry Mall• ae`fyjpp�� 11'1 I111 -Adult signature restricted delivery service, which •Certified Mall service is notavallable for requires the signee to be at least 21 years of age International mall. and provides delivery to the addressee specified • Insurance coverag y h se by name, or to the addressee's authorized agent with Leff Mail as (not available at retail). of Certified Mail I.ce does notchange • To ensure that your Certified Mail recelpt is Insurance coverage automatically included with accepted as legal proof of mailing, it should hour remain Prioriry Mall Items. 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USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package Tracking Number: 70190140000102322776 Expected Delivery on WEDNESDAY 3 JULY 2019 p OV Delivered by 8:00pm O July 3, 2019 at 1:32 pm Delivered, Left with Individual ATLANTIC BEACH, NC 28512 Get Updates %,/ Remove X Text & Email Updates u Tracking History u Product Information u See Less RECEIVED la JUL #0 2019 DCM-MHD CITY Can't find what you're looking for? https:lttools.usps.com/go/rrackConfirrnAction?tRef=fullpage&tLc=3&text28777=&tLabels=70190140000102322776%2C%2C i i2 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 Rk�CkIV,t�D JU( 12 20,, pCM`MHD CI T y 5 o � J \♦ s J� RSA iONUMENT PrQPoa96 �-h DMG?fv[0 ti o Q Somas ea 04i F sf S ac��Q Sk % 0 `p P s� !G � 2 � o 0 Pa � e °> Fi•Q 'S, o Lo a 0 CP y b S. �6rOi.-y1^V dP P�O10 f0 i T • _%'�\ J :` bpi tlq� ly4 644.63 5.241.45 J o7, 0 LFP C� s�04, Iro BOGUS SOUND po�1/' "I pal RED BUOY / GREEN BUOY(1 �0 51 i12' / gLti GNPNNEL MPR/�R i o NPv\\GP pN B�p�/ LANE BV UE SOUND HAZARD BUOY RECEIVED JUL 12 Z019 DCM-MHD CITY ML- w LoNS 1 l7TR.lm L7,f7� I , � � 0 0 �v 1' II Z- ��dM IvLW 7EPTlz RECEIVED 1111 1 2 2019 CITY 3' II 11 1+, $+016 g1 iL ES O'". 2X(�7cGkfNG� 2 157 -Drl Zx8 GZIP_DE.� $� I M3EpM EN i N L\.J 41- 1 Di�E-T""i -/ Gm.co 2 P.? _5 -Z C-PLtNG, f�2/ Q1=G? 150 F+E>�Fp✓ 2✓?,ciE Sf .'ice 6 ?�-* `{ `!� NET tU ScgLC f �G� 2oF5 t ow .DDC-K fiSrips zb, 6, �- 51 ` ��jj�J\ 5, lm -k- 7,C: 0 'G ScL`e 111 601 l50 tleOW4 LgrP jollei I nth C-Oo/fe/pt Courtq tiva►e � T3od� `�� v 5cr/k� Me Z dog /vc RECEIVED ,JUL g 0 2019 DCM-MHD CITY o \ \moo- Ny• �s 04, NCGS MONUMENT J NET A N = 348.644.63 E = 2,635,241.45 NN , le rill J 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 �o do �o y/� tygT� 0,&Ae5 ZwecV%ft5 \S0 Aftaett \,,-a" lkF ,F oy 'es 1v� 9 0m \ ,A O 3 o� o� i Su2ve y `d 2AJAI V5 fy A2 � nzmrN, ft BY C( j LOT 7 50 See 42t y,ti2PM4,P Dam e5-120120(q LINE LEGEND: .,�__ _._,�__ - Lonq Dash With X = Chain Link Fame- �_� Long Dash With E,-, Overhead Electrical Lines - Solid I In -,Stationary objects (i.e. buildings, pavements, curbs, sidevaiks, e14) - rrrrrrrrrr rrrrrrrrrr GRAPHIC, � 0 i JL L� F.'•n • i Vi ` 1 Libmi V—T!4.1; >i •mb -�� ''� SP t;} i - �� \`r OF 'Iit 1. _-..rs+�•. r �,.^'"' •'�� 1 _ • �' •—+ tac3 '-' _,� iI 1r ..'�' "�i�s . �..\ v: fir--`, ,;� '` -•`� a -im 6-', !. qi�':-O - t-1G'��. ` f ia. ay; � •�_^'.j' ����11a•w.N iat flu[[ `. q VGM.rAH�, -kPe' __ `•, �� �fi°+"i,.`••]f �` i et-- a 7 �.Sj(°rit�.Y �1 ,'ft Y'i --I � , a `` ', [ ---F'` .�..--`-:.a—�F'i's ±fi w�. .."try '�= �� s .. :�� � - — � �` .. •���—�- T 73 - _ - - - �. - ...,,._ �._/N �<•^'�'.' i �~ i' ��� '\t,,. "a�.. ! \- *,. dot Y 'r aim a a T im ■ 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 Share this page: OFacebook (https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fdeq.nc.gov%2Fnews%2Fpress- releases%2F2018%2F09%2F20%2Fcoastal-management-offers-emergency-cama-general-permit-hurricane) RECEIVED O Twitter (http://twitter.com/intent/tweet?urt=https%3A%2F%2Fdeq.nc.gov%2Fnews%2Fpress- APR 16 2019 releases%2F2018%2F09%2F20%2Fcoastal-management-otters-emergency-cama-general-pei mit-hurricane) 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 Share this page: DCM-MHD CITY OFacebo_A (https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fdeq.nc.gov%2Fnews%2Fpress- releases%2F2018%2F09%2F20%2 Fcoastal-management-offers-emergency-cama-general-permit-hurricane) Owi t r (http://twitter.com/intent/tweet?url=https%3A%2F%2Fdeq.nc.gov%2Fnews%2Fpress- releases%2F2018%2F09%2F20%2Fcoastal-managemen t-otters-emergency-cama-general-pei mit-hurricane) 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 ¢ )3ak f c r< 7bV' L f.i twMU-F- nG RnAT SLIPS QIR-b(2d50 IS E. f —� �� t j�dtaiure, l (::00 � 0 RECEiVEf a trcFiveo 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 ��26G5 (i MAk)E SMIT/� �-- 0 r 4 � z m I - 7-1NC7 CI4/1/ZLes z WERLIM(y 47.gs 6 P k-1 s VE,eN6ti ( uUTHJ,F NLw./A Low5i, D5TA(/ CIZCJSS SC L'i1C?1� To p �V ,t7g4j'pt�51;P pocf�--50 5 1' II z' �vLWI. `R3U �`(b M Cvnc i o v N L w >5PT 14 31 II II ,+ $eovwD PALES �d'O,G. 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