DEN 19-01 Stallings

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
March 25, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Stallings IV
PO Box 12327
New Bern, NC 28561
Dear Mr. Stallings;
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law, in which authorization was
requested to perform new excavation of an upland boat basin and channel that extends into a
tributary of Pittman Creek, and construct a boat ramp, docking facility and bulkhead, near
Merritt in Pamlico County. Processing of the application, which was received as complete by the
N.C. Division of Coastal Management's Morehead City Office on January 23, 2019, is now
complete. Based on the state's review, the Division_oj�Coastal Management has made the
following findings:
1) The subject property is located at 52 Silverwood Drive, Merritt, in Pamlico County.
2) The proposed project is located within the Neuse River Basin, and is therefore subject to
the buffer requirements of the N.C. Division of Water Resources.
3) The waters of Pittman Creek are designated as Primary Nursery Area (PNA) by the N.C.
Division of Marine Fisheries' Marine Fisheries Commission (MFC). 15A NCAC 07H.
0208(a)(4) of the Rules of the Coastal Resources Commission further define PNA's as
"Primary nursery areas are those areas in the estuarine and ocean system where initial
post larval development offinftsh and crustaceans takes place. They are usually located
,in the uppermost sections of a system where populations are uniformly early juvenile
stages. They are designated and described by the N.C. Marine Fisheries Commission
(MFC) and by the N.C. Wildlife Resources Commission (WRC); "
10WEQ:
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
�. 252.808.2808

March 25, 2019
Page 2
4) The proposed project would involve development within Public Trust, Estuarine Waters,
Estuarine Shoreline, and Coastal Wetland Areas of Environmental Concern (AEC).
5) The proposed project involves application under the Coastal Area Management Act and
the State Dredge and Fill Law requesting authorization to perform dredging to create a
65' x 25' upland basin and 23' x 12' access channel to connect to a tributary of Pittman
Creek. The proposed upland basin would be excavated to a depth of -3.3' normal water
level (NWL). The access channel would be excavated to a depth of -2.0' NWL. Existing
water depths at the end of the proposed access channel are approximately -2.0' NWL. In
addition, the proposed project requests authorization to construct a boat ramp, access pier
and bulkhead, as associated structures of the boat basin.
6) The proposed project would involve the new excavation of 283 square feet of shallow
bottom PNA habitat.
7) A previous CAMA permit application proposed identical facilities and a larger 92'long x
25' wide x -3.3' at NWL access channel, that would have resulted in the excavation of
2,300 square feet of shallow bottom PNA at the same property. This application was
denied on March 5, 2018 due to inconsistencies with the following rules of the Coastal
Resources Commission.
(A) 15A NCAC 07H.0206(c)
(B) 15A NCAC 07H. 0208(b) (1)
(C) 15A NCAC 07H. 0208(a) (2) (A) and 15A NCAC 07H.0208(a)(2)(B)
(D) 15A NCAC 07H.0601
8) During the course of the joint state and Federal review of the application dated received
as complete on January 23, 2019, the N.C. Division of Marine Fisheries (DMF) objected
to the proposal due to the likelihood of significant adverse impacts to shallow bottom
PNA habitat. In additional to the direct impacts of 283 square feet shallow bottom PNA
habitat, the DMF notes that due to the shallow waters within and adjacent to the proposed
basin and access channel, secondary and cumulative impacts to PNA soft bottom habitat
will likely result from prop scour of the 30' pontoon skiff the applicant proposes to dock
at the proposed ramp. The DMF also objected to the project because the basin depth that
was deeper than the connecting waters of the proposed channel, resulting in possible
disruption of the normal exchange of water creating conditions where low dissolved
oxygen may occur. The N.C. Wildlife Resources Commission stated similar concerns to
those of DMF staff.
9) As of the date of this letter, the NC Division of Water Resources is still reviewing the
proposed project to determine if the project complies with State water quality standards.
�aM 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
252.8082808

March 25, 2019
Page 3
10) Based upon the above referenced findings, the Division of Coastal Management has
determined that the proposed project to perform new dredging for the construction of an
upland basin and access channel are inconsistent with the following rules of the Coastal
Resources Commission:
a) 15A NCAC 07H .0206 (c) (Management Objectives for Estuarine Waters), which
states "To conserve and manage the important features of estuarine waters so as
to safeguard and perpetuate their biological, social, aesthetic, and economic
values; to coordinate and establish a management system capable of conserving
and utilizing estuarine waters so as to maximize their benefits to man and the
estuarine and ocean system."
b) 15A NCAC 07H .0208(a)(2)(A), which states that "before being granted a permit,
a determination shall be made that the applicant has complied with the following
standards:
(A) The location, design, and need for development, as well as the construction
activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall
be sited and designed to avoid significant adverse impacts upon the
productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries
Commission, and spawning and nursery areas."
c) 15A NCAC 07H .0208(b)(1) (Specific Use Standards), which states in part,
"Navigation channels, canals, and boat basins shall be aligned or located so as
to avoid primary nursery areas, shellftsh beds, beds of submerged aquatic
vegetation as defined by the MFC", and
d) 15A NCAC 07H.0208(b)(1)(F), which states: "Any canal or boat basin shall be
excavated no deeper than the depth of the connecting waters."
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major
Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires.denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or local land use
plans, and N.C.G.S. 113-229, which requires that a permit be denied for cases where a proposed
development will lead to a significant adverse impact to fisheries resources.
If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will
involve appearing before an Administrative Law Judge who listens to evidence and arguments of
both parties before making a final decision on the appeal. Your request for a hearing must be in
the form of a written petition, complying with the requirements of § 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
DECa��
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

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1. Article Addressed to:
Robert Stallings IV
PO Box12327
New Bern, NC 28561
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March 25, 2019
Page 4
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial
letter. A copy of this petition should be filed with this office.
Another response to a permit denial available to you is to petition the Coastal Resources
Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal
Resources Commission. Applying for a variance requires that you first acknowledge and
recognize that the Division of Coastal Management applied the Rules of the Coastal Resources
Commission properly in processing and issuing this denial. You may then request an exception
to the Commission's Rules based on hardships to you resulting from unusual conditions of the
property. To apply for a variance, you must file a petition for a variance with the Director of the
Division of Coastal Management and the State Attorney General's Office on a standard form,
which must be accompanied by additional information on the nature of the project and the
reasons for requesting a variance. The variance request may be filed at any time, but must be
filed a minimum of six weeks before a scheduled Commission meeting for the variance request
to be eligible to be heard at that meeting. The standard variance forms may be obtained by
contacting a member of my staff, or by visiting the Division's web page at:
https://deq.nc.gov/about/divisions/coastal-management/coastal-management-permits/variances-
appeals.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Mr. Gregg Bodnar at
[phone] extension 215.
Sincerely,
Braxton C. Davis
cc: Col. Robert J. Clark - U.S. Army Corps of Engineers, Wilmington, NC
Josh Pelletier - U.S. Army Corps of Engineers, Washington, NC
Linda Culpepper — Director, NC Division of Water Resources, Raleigh, NC
Karen Higgins - NC Division of Water Resources, Raleigh, NC
Anthony Scarbraugh - NC Division of Water Resources, Washington, NC
Samir Dumpor — DEMLR Storm Water, Washington, NC
Troy Beasley — Withersravenel, Inc. 219 Station Road, Suite 101, Wilmington, NC 28405
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

i
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant: ?C&A 5611:1cbs IV
Type: (Check all that apply)
New K _ Major Mod _ _ __ Permit# Minor Mod _ Renewal Transfer
Permit Coordinator:
Field Representative: __Dwj _ evswL�_
'�// Date/Time Message
Iz5'IQ be,,,44 S:`K 3IjbJJO �kuf�t� ULS*CE t6m,a( 0/0 pteJly

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
August 5, 2019
DWR q 17-1298 V2
PAMLICO County
Robert L. Stallings, IV
PO Box 12327
New Bern, NC 28561
Subject: ACKNOWLEDGEMENT OF APPLICATION WITHDRAWAL
Stallings Property— Upland Basin and Ramp
Dear Mr. Stallings:
On February 15, 2019, you requested a 401 Water Quality and Buffer Authorization Certifications from
the Division of Water Resources (Division) for the subject site. On July 23, 2019, the Division received a
request from you to withdraw the application. This letter acknowledges your request; your application is
withdrawn.
Please be aware that you have no authorization under Section 401 of the Clean Water Act or Neuse
Riparian Buffer Rules for this activity and any work done within waters of the state or buffer may be a
violation of North Carolina General Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraueh@ncdennizov_ if you have any
questions or concerns.
Sincerely,
ROW TM."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
RECEIVED
cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Gregg Bodnar, DCM Morehead City (via email) AUG 5 2019
Brad'Connell, DCM WaRO (via email)
Samir Dumpor, DEMLR WaRO
Laserfiche MP SECTION MHD
Troy Beasley, WithersRavenel, Inc. (via email: [e-mail])
North Carolina Department of Environmental Quality I Division or Water Resources
_ Washington Regional Office 1943 Washington Square Mall l Washington, North Carolina 27889
N liT1UR]l1AA
252.946.6481

REPLY TO:
JOSH STEIN STATE OF NORTH CAROLINA MARY L. LUCASSE
ATTORNEY GENERAL DEPARTMENT OF JUSTICE ENVIRONMENTAL DIVISION
[phone]
MLUCASSEt7a NCDOJ.GOV
US MAIL: -
Robert L. Stallings IV
PO Box 12327
New Bern, NC 28561
Re:
Dear Mr. Stallings:
August 2,2019
Robert L Stallings IV Variance Request
CRC-VR-19-06
At its July 17, 2019 meeting, the Coastal Resources Commission denied your request for
a variance from the Commission's rules set forth in 15A NCAC 07H .0206 and .0208 to excavate
an upland boat basin and channel that extends into a tributary of Pittman Creek in Pamlico
county and related development. Attached is the final agency decision signed by the Chair of the
Coastal Resources Commission denying the variance request. You have the right to appeal this
decision by filing a petition for judicial review in superior court as provided in N.C. Gen. Stat §
15OB-45 within thirty days after receiving the Final Agency Decision. A copy of the judicial
review petition must be served on the Coastal Resources Commission's agent for service of
process at the following address:
William F. Lane, General Counsel
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If you file a petition for judicial review, I request that you also serve a copy of the petition
for judicial review on me at the address listed in the letterhead. If you have any questions, do not
hesitate to contact me.
RECEIVED
AUG 5 2019
MP SECTION MHD
Sincerely,
Mary L. Lucasse
Special Deputy Attorney General/Commission Counsel
WWW.NCDOJ.GOV 114 W. EDENTON STREET, RALEIGH, NC 27603 919.716.6600
P. O. Box 629, RALEIGH, NC27602-0629

Robert L. Stallings IV
August 2, 2019
Page 2
cc: Amy P. Wang, Esq., Counsel for Petitioner (electronically)
.M. Renee Cahoon, CRC Chair, (electronically)
Christine A Goebel, Esq. Counsel for DCM counsel (electronically)
Braxton C. Davis, Director DCM (electronically)
Angela Willis, Assistant to Director, DCM (electronically)
Skip Lee, Pamlico County, CAMA LPO (electronically)
RECEIVED
AUG 5 2019
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W W W.NCDOJ.GOV 114 W. EDENTON STREET, RALEIGH, NC 27603 919,716.6600
P. 0. BOX 629, RALEIGH, NC 27602- 0629

STATE OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF PAMLICO COUNTY ) CRC-VR-19-06
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL AGENCY DECISION
BY ROBERT L. STALLINGS IV )
On June 5, 2019, Petitioner Robert L Stallings, IV submitted a request for a variance
from the Commission's rules set forth at 15A NCAC 07H .0206(c), .0208(a)(2)(A), .0208(b)(1),
and .0208(b)(1(F) in order to excavate an upland boat basin and channel that extends into a
tributary of Pittman Creek in Pamlico County and construct related development. The matter was
heard on oral arguments and stipulated facts at the regularly scheduled meeting of the North
Carolina Coastal Resources Commission (hereinafter Commission) on July 17, 2019 in Beaufort,
North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700. Assistant
General Counsel Christine A. Goebel, Esq. appeared for the Department of Environmental
Quality, Division of Coastal Management (DCM). Attorney Amy P. Wang appeared on behalf of
Petitioner.
Upon consideration of the record documents and the arguments of the parties, the
Commission adopts the following:
STIPULATED FACTS
Property Description
Petitioner Robert L. Stallings, IV (Petitioner) owns a 26-acre tract of coastal
waterfront property at 52 Silverwood Drive in Merritt, Pamlico County, North Carolina
(Property). Petitioner purchased the Property on December 4, 2012, as evidenced by a deed
RECEIVED
AUG 5 2019
MP SECTION MI -ID

recorded at Book 574, Page 487 of the Pamlico County Registry. The Property is in the Neuse
River Basin and drains to Pittman Creek.
2. Petitioner's proposed project is located at the Property on a branch of Pittman
Creek (Project Area) that is approximately 190 feet across.
3. The Project Area is within the Coastal Wetlands, Estuarine Waters, Public Trust
Areas, and Estuarine Shoreline Areas of Environmental Concern (AECs) designated by the
Commission in 15A NCAC 7H .0200. Development within these AEC's requires a CAMA
permit from the North Carolina Department of Environmental Quality (DEQ) Division of
Coastal Management per N.C.G.S. 113A-118.
4. The waters of Pittman Creek in the area of the Property are designated SA, High -
Quality Waters (HQW), Nutrient Sensitive Waters by the Environmental Management
Commission, and as such, the Neuse River Riparian Buffer Rules apply in place of the CAMA
30-foot buffer rules per 15A NCAC 711.0209(e). At the Project Area, the Marine Fisheries
Commission has designated Pittman Creek as a Primary Nursery Area (PNA). These waters are
closed to the harvest of shellfish. Submerged aquatic vegetation (SAV) is not present in the
Project Area. The Project Area has not been previously excavated. A copy of the map showing
the PNA designated areas of Pittman's Creek and Broad Creek was provided to the Commission
as a stipulated exhibit.
5. The Property has approximately 1,353 linear feet of continuous shoreline along
Pittman Creek. Most of the length of shoreline is dominated by coastal wetlands species, though
the coastal wetlands are less abundant in the Project Area. Vegetation within the Project Area
AUG 5 2019
MP SECTION I1 HD

consists mostly of loblolly pine and other native trees and shrubs with some coastal and non -
coastal wetlands.
6. Immediate offshore water depth adjacent to the Project Area ranges from -0.5 feet
to -3 feet normal water level (NWL).
7. The Property is a 26-acre parcel developed with a one-story piling -supported
2,960 square foot house that was built in 2016, which can be seen on the PowerPoint photos. The
tax card provided to the Commission as a stipulated exhibit includes details of the residence. The
Property is developed with a 30 foot, 4 inch long vinyl bulkhead and a 5-foot by 100-foot pier
with two slips and two 5-foot by 40-foot finger piers and two boat lifts. A copy of CAMA
General Permit No. 67780C authorizing the bulkhead and pier was provided to the Commission
as a stipulated exhibit. The house was built outside of the Commission's Areas of Environmental
Concern and did not require a CAMA permit. Neighboring riparian properties, sharing this
branch of Pittman Creek are similarly developed, as shown in the PowerPoint presentation
provided to the Commission.
Swan Creek Tract
8. Petitioner proposes to construct an upland boat basin, ramp, and access channel
with associated development (Project) at the Project Area on the Property to provide a permanent
launch for Petitioner's pontoon skiff to transport maintenance equipment to and from waterfowl
impoundments on another property, known as the Swan Creek Tract. The Swan Creek Tract is
located approximately 2 miles east of the proposed project location. An aerial view of the Swan
Creek Tract was provided to the Commission in the PowerPoint.
"ECEBVED
AUG 5 2019
P SECTION 64 HD

9. The Swan Creek Tract is 2,000 acres of brackish marsh approximately two miles
east of the Property. The Swan Creek Tract is a waterfowl impoundment area that is accessible
only by water. It is within the coastal plain of eastern North Carolina within the Atlantic Flyway.
Petitioner is a partner with Ducks Unlimited for the Neuse-Pamlico Wetland Conservation
Initiative which secured a grant from the U.S. Fish and Wildlife Service (USFWS) under the
North American Wetlands Conservation Act, 16 USC §§ 4401-4412 (NAWCA), to fund
enhancement of the emergent estuarine habitat, a decreasing wetlands type, on the Swan Creek
Tract. In the grant proposal, Ducks Unlimited identified the entire geographic area covered by
the proposal as "a priority wetland area for waterfowl, shorebirds, and water birds, and it is a
priority habitat zone for migratory songbirds." A copy of the grant proposal was provided to the
Commission as a stipulated exhibit. This exhibit includes Petitioner's handwritten notes and was
redacted to remove the financial terms of the grant.
10. Ducks Unlimited and Petitioner entered into a NAWCA Grant Partner Agreement
to apply the grant funds toward maintaining the Swan Creek Tract. The Agreement is a stipulated
exhibit and redacted to remove the financial terms of the Agreement. In the Agreement, the
Swan Creek Tract is identified as a "brackish marsh managed impoundment originally
constructed 30-40 years ago for the primary purpose of mosquito control and to benefit
waterfowl. These areas provide a unique habitat type found in only a few locations in coastal
North Carolina that cannot be duplicated due to current wetlands regulations."
11. Petitioner maintains the Swan Creek Tract through pumps and levees to adjust
seasonal water levels to optimize water management in the impoundments by refueling,
maintaining and repairing the pumps, levees, and water control devices. Management of the
AUG 5 2019
MP SEECT9®N Goa D

Swan Creek Tract can occur only by transporting heavy equipment, such as tractors, bush hogs
and backhoes, and fuel in and out by boat. Petitioner uses a 30-foot long pontoon skiff
customized to transport the maintenance equipment and fuel to the Swan Creek Tract to service
the impoundments.
12. The frequency of trips to maintain the extensive number of levees, water control
structures and pumps is significant and can range from twice a month to several times a week
depending on the time of year. Petitioner transports his equipment in and out of the Swan Creek
Tract on each trip because if it were left in the impoundments storms could flood and damage the
equipment with salt water.
13. Members of Petitioner's family have owned and maintained the Swan Creek Tract
in this way since the 1960s. Copies of deeds showing transfers through family managed limited
liability companies were provided to the Commission as stipulated exhibits. Originally,
Petitioner's great uncle maintained the Swan Creek Tract from elsewhere in Pamlico County.
Since the late 1970s, Petitioner's great uncle accessed the Swan Creek Tract from a lot in the
Sound View Beach Subdivision, commonly referred to as Paradise Shores that has an existing
boat basin. In 2005, the Paradise Shores property was conveyed to Petitioner's father, brother,
and Petitioner so they could continue maintaining the Swan Creek Tract. At this time, Petitioner
is the primary caretaker of the Swan Creek Tract. Petitioner contends that he and his co -owners
wish to sell the Paradise Shores property, but cannot do so until Petitioner secures a new location
from which to continue the Swan Creek Tract maintenance activities.
AUG 5 2019
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Proposed Project
14. Following a March 15, 2017 multi -agency scoping meeting, in September of
2017, Petitioner applied for a CAMA Major Permit for a proposed boat basin project with a 328
by 20 foot gravel driveway, a 40 by 21 foot boat ramp, a 65 by 25 foot boat basin. The Project
includes 750 square feet of high ground and 875 square feet of 404 wetlands with approximately
204 feet of vinyl bulkhead, a 4 by 65-foot side -to dock, and a 92-foot by 25-foot access channel.
This results in 2,300 square feet of shallow bottom PNA habitat dredged to a depth of -3.3 feet
normal water level (NWL) crossing 30 feet of marsh dominated by coastal wetlands species and
impacting 225 square feet of Coastal Wetlands. A copy of DCM's Field Investigation Report for
this project was provided to the Commission as a stipulated exhibit.
15. From the time of the March 15, 2017 scoping meeting and throughout both permit
reviews, agency staff suggested an alternative project, which would modify the existing dock to
accommodate the transfer of equipment from the shore to Petitioner's skiff.
16. The DEQ Division of Water Resources (DWR) denied Petitioner's related request
for a 401 Water Quality and Buffer Authorization Certification on February 9, 2018, based on its
finding that practical alternatives exist that would avoid or lessen adverse impacts. A copy of the
DWR denial was provided to the Commission as a stipulated exhibit. Comments from DEQ's
Division of Marine Fisheries (DMF) staff and from the North Carolina Wildlife Resources
Commission ()WRC), raised concerns about the significant adverse impacts to shallow bottom
PNA habitat and new dredging in a PNA in waters less than -3 feet NWL. DCM denied the
application on March 5, 2018. Petitioner did not appeal the 2018 permit denial.

17. Following the 2018 denials, Petitioner and his agents worked to redesign the
project to lessen the impacts to PNA. In July 2018, Petitioner attended a scoping meeting with
representatives of DCM, DWR, DMF, the DEQ Division of Energy, Mineral and Land
Resources (DEMLR), the WRC, the United States Army Corps of Engineers (USACE), USFWS,
National Marine Fisheries, and the National Oceanic Atmospheric Association to discuss the
agencies' positions on a new, smaller design for the boat basin based on the agencies' objections
to the prior project.
18. The redesigned Project proposes the construction of a 65 foot by 25 foot (1,625
square feet) upland boat basin (750 square feet of high -ground and 871 square feet of 404
wetlands) dredged to -3.3 feet NWL and stabilized with 204 feet of vinyl bulkhead; a 21 foot by
40 foot concrete boat ramp; a 4 by 65 foot side -to dock; an upland 328 feet by 20 feet gravel
driveway to access the boat ramp and basin; and, excavation within Pittman Creek to create a 12
foot by 23 foot (276 square feet) access channel to reach the -2 foot NWL in Pittman Creek. The
design changes are primarily to dredge the access channel (but not the upland basin) to -2 foot
NWL instead of -3.3-feet NWL thereby shortening and narrowing the access channel dredged
through PNA shallow -bottom habitat from 2,300 square feet to 276 square feet, and to realign
the bulkhead to avoid 225 feet of coastal wetlands impacts proposed in the prior project.
19. Petitioner contends that the small channel would provide sufficient depth for the
pontoon skiff to navigate the proposed boat basin. The skiff has a draft of approximately 10
inches when empty and approximately 18 inches when loaded with equipment and fuel.
Petitioner contends that excavating a channel to -2 feet NWL will provide sufficient water depth
for navigation of a loaded skiff. The average water depth in this location ranges from six inches
RECEIVE®
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to a foot and three quarters. The excavation of the channel will extend an average of
approximately 23 feet waterward to reach -2 feet NWL.
20. The channel and boat basin would be constructed using a long boom excavator
sitting on the shoreline of the Property rather than using a floating dredge to reduce impacts to
the PNA. Spoil will be placed landward in a designated spoil area on the Property outside of the
Neuse River Riparian Buffers. The Project Site will be surrounded with silt fencing to prevent
sediment from escaping into nearby wetlands. A concrete boat ramp will be constructed 20 feet
landward of the boat basin and will, extend 20 feet waterward into the basin. The ramp will be
poured into place by installing a temporary cofferdam and continuously pumping water until the
concrete has set. The water will be pumped into the adjacent uplands to sheet flow and filter
through vegetation to trap sediment, and a floating turbidity curtain installed in Pittman Creek
will provide secondary protection against sediment from entering Pittman Creek. The turbidity
curtain will be left in place at least two months after excavation to allow disturbed sediment to
stabilize and minimize water quality impacts.
21. Petitioner contends that the Project consists of a boat ramp and basin because the
intent is to launch the pontoon skiff from a trailer and remove the skiff from the water after each
trip. Petitioner states that the skiff would not be permanently docked in the basin. The proposed -
3.3 feet water depth in the basin is necessary to provide adequate depth for Petitioner's trailer to
deliver and retrieve the skiff so that it would float and the trailer could be removed. Petitioner
contends that while the pontoon skiff can easily navigate in -2.0 feet NWL, it cannot be launched
from the trailer the Petitioner's skiff is on at that level.
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AUG 5 2019
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22. The impacts which would result from the Project include the excavation of 276
square feet of shallow -bottom PNA habitat for the access channel, 750 square feet of high
ground, and 871 square feet of Section 404 wetlands for the boat ramp and boat basin.
CAMA Permit Application
23. On September 27, 2018, Petitioner submitted a new CAMA Major and Dredge &
Fill Permit Application for the Project. Petitioner responded to several requests from DCM for
additional information. On January 23, 2019, DCM deemed the application complete. A copy of
the complete application was provided to the Commission as a stipulated exhibit.
24. As required, Petitioner sent notice of the application to the two adjacent riparian
property owners and to the public through onsite posting. Neither of the adjacent owners
objected to the Project, and no public comments were received by DCM from the general public.
25. As part of the CAMA Major Permit process, DCM circulated Petitioner's
application to state and federal resource agencies for review and comment. Relevant comments
received are described in the next several facts.
26. Through written comment dated February 18, 2019, DMF objected to the
proposed project because of concerns that significant adverse impacts would result from the
Project, and that similar concerns to the 2017/18 project remained. These concerns were about
proposed new dredging in a shallow -bottom PNA habitat, the likelihood of hull scour and
propeller kicking in the access channel, the concern about the basin depth deeper than the
connecting waters, and questioning if the 12-foot width of the access channel was sufficient for
navigation. A copy of this letter, and DMF Director Murphey's February 20, 2019 written
concurrence is stipulated exhibit.
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AUG 5 2019
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27. On February 28, 2019, the WRC provided written comment, provided to the
Commission as a stipulated exhibit. WRC raised concerns regarding dredging in PNA shallow -
bottom habitat, though these were reduced from the 2017/18 design, and that the shallower
dredging depth in the access channel would lead to repeated hull scraping and propeller kicking.
28. On March 11, 2019, DWR commented that it could not finish its review until
additional information was provided concerning buffer restoration. A copy of this letter is a
stipulated exhibit. On April 10, 2019, Petitioner provided a Buffer Restoration Plan to DWR. A
copy of this correspondence is a stipulated exhibit. Petitioner has provided all additional
information requested by DWR at this time. On May 30, 2019, DWR acknowledged a May 28,
2019 letter from Petitioner's consultant, requesting that processing of the application for the 401
Water Quality Certification remain on hold pending the outcome of this variance hearing. A
copy of DWR's hold notice is a stipulated exhibit.
29. On March 20, 2019, DEMLR-Stormwater Section staff replied by email to DCM '
that the Project triggers a low -density stormwater permit with a maximum of 12% impervious
coverage. In a March 28, 2019 email response, Petitioner's agent confirms that Petitioner will
seek a low -density stormwater permit if the Commission grants a variance. A copy of these
emails are stipulated exhibits.
30. On March 25, 2019, DCM denied Petitioner's application under 15A NCAC 07H
.0206(c) as being inconsistent with the CRC's Management Objective for Estuarine Waters.
Petitioner's application was also denied based on the CRC's general use standards under 15A
NCAC 07H .0208(a)(2)(A) and its specific use standards at 15A NCAC 07H .0208(b)(1) that
that the Project be sited and designed to avoid significant adverse impacts on the PNA. It was
10
RECEIVE®
AUG 5 2019.
rTdP SECTION 11111)

also denied based on 15A NCAC 7H .0208(b)(1)(F) requirement that the basin be excavated no
deeper than the depth of the connecting waters. A copy of the denial letter is a stipulated exhibit.
31. Following I)CM's denial but in anticipation of applying for a variance from the
Commission, Petitioner's authorized agent provided a written response to concerns raised by
DCM, WRC, and DMF, dated April 3, 2019, and provided to the Commission as a stipulated
exhibit. This generally addresses the issues of previous dredging in the area, whether -2 feet
NWL is sufficient depth for the skiff without hull and prop scraping, and why the basin needs to
be dredged to -3.3 feet NWL.
32. Following DCM's denial and in anticipation of Petitioner applying for a variance,
the USACE administratively denied Petitioner's application for a 404 Permit based on DCM's
denial of Petitioner's CAMA Permit Application. A copy of the USACE's denial letter was
provided to the Commission as a stipulated exhibit.
33. Petitioner stipulates that the Project is inconsistent with the Commission's rules
recited in the DCM denial letter.
34. The purpose of the proposed project is to provide permanent water access for
equipment used to maintain the Swan Creek Tract located approximately 2 miles away.
STIPULATED EXHIBITS
Included with the Petition and the Staff Recommendation for the Commission's review
were the following Stipulated Exhibits:
A. Deed to Property at 574/487
B. PNA maps for Pittman's Creek and Broad Creek
C. CAMA General Permit No. 67780C for the pier and bulkhead
RECEIVED
11
AUG 5 2019
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D. Copy of the Tax Card for the Property E. NAWCA Proposal
F. NAWCA Grant Partner Agreement
G. Deed to Swan Creek Tract 448/871, 448/913
H. Deed to Paradise Shores Tract 448/866
I. 2017/18 Project DCM Field Investigation Report
J. 2018 DWR Denial Letter
K. 2018 DMF and WRC Comments
L. 2018 DCM Denial
M. 2018/19 Project DCM Field Investigation Report
N. 2018/19 Project CAMA Major Permit Application including drawings
O. Adjacent Riparian Owner Notice Information
P. DMF's objection, dated February 18, 2019 and February 20, 2019
Q. WRC's objection, February 28, 2019
R. DWR's correspondence re: Add Info (3/11/29)
S. Petitioner's Buffer Restoration Plan
T. DWR's Hold Notice (5/30/19)
U. DEMLR-Stormwater's correspondence
V. DCM's March 25, 2019 denial letter
W. Petitioner's April 3, 2019 written response to agency concern
X. Army Corps of Engineer's March 26, 2019 denial letter
Y. Ground and aerial photos of the Property & Swan Creek Tract in
PowerPoint
RECEIVE®
12 AUG 5 2019
I
MP SECTION ITHD

CONCLUSIONS OF LAW
1. The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. For the reasons set forth below, the Commission affirmatively finds that Petitioner
has failed to meet the requirements inN.C.G.S. § 113A-120.l(a) and 15 NCAC 07J .0703(f)
which must be found before a variance can be granted.
A variance allows a landowner "to use or build on land in a way prohibited by strict
application of a zoning ordinance" if certain conditions are met.' It provides a means for a
landowner to seek relief when the hardship imposed on an individual parcel of land outweighs
the public benefit sought by the regulation and is out of proportion to the hardship shared in
common with other property owners who also benefit from the restrictions. The ability to issue a
variance has been described as a `safety valve" which waives strict application "of the zoning
ordinance without sacrifice to its spirit and purposes."' The purpose of the variance process is to
provide flexibility and to prevent practical difficulties and unnecessary hardships resulting from
strict interpretations of zoning ordinances.3
A petitioner has a heavy burden to establish in requesting a variance:
The power to grant variances from the strict application of zoning
ordinances should be carefully and sparingly exercised, because
unless great caution is used and variances are granted only in
Laura Hunter Dietz & Anne E. Melley, Variances, Generally; Authority to Grant, in Strong's North
Carolina Index 4th Zoning §§107, 108, and 109 (Feb. 2019 update).
2 Eric M. Larsson, Proof of Hardship Necessary for Zoning Variance, in 131 Am. Jur. Proof of Facts 3rd
253 (Nov. 2018 update). See also, Husnander v. Town ofBarnstead, 139 N.H. 476, 478, 660 A.2d 477,
478 (1995) citing 3 E. Ziegler, Rathkopfs The Law of Zoning and Planning, § 38.01 [l] (4th ed. 1994).
3 James A. Webster, Jr., Patrick K. Hetrick & James B. McLaughlin, Jr., Webster's Real Estate Law in
North Carolina § 18-19, at 874 (5th ed.1999); see also N.C. Gen. Stat. § 160A-388(d) (2009).
13 RECEIVED
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Mp SEQTSON.H®

proper cases, the whole fabric of town -wide and city-wide [and
coast -wide] zoning will be worn through in spots and raveled at the
edges until its purpose in protecting the property values and
securing the orderly development of the community is completely
thwarted.4
To avoid rezoning by variance or spot zoning, variances should only be exercised in exceptional
cases.' The restrictions imposed by CAMA are similar to zoning restrictions. Thus, the
Commission grants requests for variances from CAMA sparingly and only if Petitioner has
shown that the factors required by CAMA have been met. In this case, Petitioner has failed to
make that showing.
a. Petitioner has failed to establish that strict application of the Commission's
Rules will cause unnecessary hardships.
The Commission affirmatively finds that Petitioner has failed to meet his burden to show
the strict application of the Commission's rules will cause unnecessary hardships. The CAMA
regulations limit what property owners can do with their property within the twenty coastal
counties. These restrictions are compensated for by similar restrictions on neighboring property.
"Such hardship, consistent with the hardship imposed on all other pieces of property in the
district, is not a ground for a variance.i6 To be considered an unnecessary hardship, a hardship
must be different in kind from those generally affecting properties in the same Area of
Environmental Concern.7
4 Larrson, supra § 13.
' Lee v. Board ofAdjustment, 226 N.C. 107, 111, 37 S.E. 2d 128, 132 (1946).
6 Arden H. Rathdopf et al., The law of Zoning and Planning § 58:5 (4th ed. Nov. 2018 update).
7 See Dupont v. ZoningBd. ofAppeals of Town of Manchester, 834 A.2d 801, 803 (Conn. 2003) (citations and
punctuation omitted); see also Larrsen, supra, at § 16.
14 RECEIVED
AUG 5 2019
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There "is no simple formula" for determining when a hardship is an unnecessary
hardship. Each variance request is considered on a case -by -case basis on the evidence presented.$
The types of factors relevant to an assessment of whether a hardship is unnecessary include
determining whether the restriction when applied to the property is so unreasonable as to
constitute an arbitrary and capricious interference with the basic right of private ownership.s9
Such interference with property ownership can result from restrictions that prevent a property
owner from making a reasonable use of the property consistent with the uses made of similarly
situated property. Based on the photographs included in the stipulated exhibits, the Stallings
Property currently includes a residential structure and existing bulkhead and docking facility.
Moreover„the proposed dredging is contrary to the Commission's rules. Allowing the
requested dredging would result in significant adverse impacts to 276 square feet of PNA habitat,
which is contrary to 7H .0206, 7H .0208 (a)(2)(A), and 7H .0208(b)(1). Additionally, the
proposed dredging is in violation of 7H .0208(b)(1)(F) because the depth of the basin is more
than the depth of the connecting waters. The Commission's Rules are designed to ensure that
development within the coastal shorelines is compatible with and does not harm the biological
and physical functions of the shoreline system. Strictly applying requirements prohibiting new
dredging in designated PNAs and restricting the depths of dredged areas to those of connecting
s Adam Lovelady, Variance Standards: What is Hardship and When is it Unnecessary? Coates Canons:
NC Local Government Law Blog (May 27, 2014), https:Hcanons.sog.une.edu/variance-standards-what-is-
hardship-and-when-is-it-unnecessary/.
9 Showcase Realty and Const. Co. v. City of Fayetteville Bd. ofAdjustment, 155 N.C. App. 548, 542, 573
S.E. 2d 737, 741 (2002) citing Williams v. N.C. Dep't of Env't & Natural Res., 144 N.C. App. 479, 486,
548 S.E.2d 793, 798 (2001)(Citations and punctuation marks omitted); but see Riggings Homeowners,
Inc. v. Coastal Resources Com'n, 367 N.C. 643, 766 S.E.D2d 320 (2014) (Court of Appeals held that
following statutory amendment, the Commission does not have the burden of making "a `reasonable use'
determination before denying a variance request."). RECEIVED
15
AUG 5 2019
KPP SECTION MHD

waters does not cause Petitioner any unnecessary hardships. As long as the hardship caused by
the strict application of these regulations is imposed on all similarly situated properties adjacent
to waters designated as PNAs, such a restriction, without more, does not provide grounds for a
variance. Not being allowed to dredge a new upland basin within a PNA in order for Petitioner to
manage an unrelated tract of land two miles away does not create an unnecessary hardship.
Accordingly, the Commission finds that denial of the variance does not prevent Petitioner
from making a reasonable use of the property consistent with the uses made of similarly situated
property. For all these reasons, the Commission affirmatively finds that Petitioner has failed to
meet the first factor without which a variance cannot be granted.
b. Petitioner has failed to demonstrate that the hardship results from conditions
peculiar to Petitioner's property.
The second factor of the CAMA statute requires petitioner to establish that "the hardships
result from conditions that are peculiar to the property, such as the location, size, or topography of
the property." The hardship described in this second factor arguably requires that strict application
of the regulation cause an unequal burden on the property because of some unique aspect of the
property different from the burden on neighboring properties. The Commission is required to find
that some aspect of the hardship is based on conditions peculiar to the property before granting
any variance.
In this case, the Commission affirmatively finds that Petitioner has failed to demonstrate
that any hardship results from conditions peculiar to the property. The Commission recognizes
that Petitioner has redesigned the project to avoid coastal wetlands impacts and reduce PNA
impacts. However, Petitioner has not met his burden to show that any hardships result from
conditions peculiar to the property, such as the location, size, or topography of the property. The
16 RECEIVED
AUG 5 2019
NIP SECTION ➢1► HD

Property is located on Pittman Creek, which was designated as a PNA before Petitioner
purchased the Property. As can be seen on the map in the PowerPoint showing PNA designations
in the area, there are several PNA-designated water -bodies in the area, but also several which are
not PNAs and where new dredging projects could be permitted. Therefore, the Property's
location on a water -body designated as a PNA and the fact that Property has coastal wetlands are
physical characteristics, which are common in the Estuarine Waters in this area specifically and
in Pamlico County generally. These features are not peculiar to the Property.
Moreover, whether an unnecessary hardship exists depends upon the unique nature of the
property not the personal situation of the landowner. The North Carolina Court of Appeals has
held that in making a variance decision, it is immaterial whether a petitioner owned other
property.10 The Court held that considering the personal situation of the landowner was improper
because it would result in different petitioners being treated differently based on whether they
owned other property even if the property for which the variance was sought was the same.''
The claimed hardship in this case appears to be related to the needs and activities of the
present property owner, rather than unique conditions associated with the property or type of
development activities proposed. While the Commission acknowledges that Petitioner is
responsible for the beneficial management of the Swan Creek Tract, the focus of a variance is on
the subject Property, and the hardships described by Petitioner based on his contract to manage
the Swan Creek Tract, are specific to Petitioner and not related to the conditions peculiar to the
Property. Accordingly, the Commission affirmatively finds that Petitioner has failed to
to Williams v. N.C. Dep't of Env't & Natural Res., 144 N.C. App. 479, 486, 548 S.E. 2d 793, 798 (2001).
" Id.
17
a y A
AUG 5 2019

demonstrate that any hardship results from conditions peculiar to the property and has not met
the second factor required for the grant of its request for a variance.
C. Petitioner has failed to demonstrate that the hardship does not result from
actions taken by Petitioner.
The third factor of the CAMA statute requires the Commission to consider whether
Petitioner's actions caused the alleged hardship. The Commission affirmatively finds that any
hardships faced by Petitioner are the result of his decision to use this particular Property for the
as a staging area to maintain the Swan Creek Tract and the proposed project design which
includes a new upland basin within a designated PNA as opposed to a pier/fixed platform on the
Property. During the site visits with Petitioner and his agents, agency staff specifically suggested
switching from the proposed upland basin on a portion of the Property with shallower existing
depths to a pier/fixed platform, which could be built to meet Petitioner's requirements, while also
minimizing impacts to coastal wetlands and alleviating the need for dredging the PNA habitat.
The waters of Pittman Creek were designated as a PNA before Petitioner's 2012 purchase
of the Property. At the time of purchase (2012) the Commission's existing rules prohibited new
dredging in a PNA. Petitioner proposed development has significant adverse impacts on shallow -
bottom PNA habitat, and resource agency staff have expressed concerns that impacts will extend
beyond the proposed dredge area. In its Staff Recommendation, DCM explained that the
proposed upland basin has greater adverse impacts to estuarine resources at the Property then
where a pier/fixed platform. DCM suggests that the pier/fixed platform options, which would not
require PNA habitat dredging but would have some shading impacts, should have been explored.
Petitioner did not adopt this suggestion.
Moreover, Petitioner is seeking this variance in order to develop a new site to replace an
AUG 5 2019
PAP SECTION MHD

existing site currently used by Petitioner at Paradise Shores. The existing site has the required
staging area. Petitioner and the other owners of that property have decided to sell that property
for their own reasons. Petitioner's decision to develop a new staging area instead of continuing to
use the current location is another way in which Petitioner has some responsibility for causing
the alleged hardship.
For all of these reasons, the Commission affirmatively finds that Petitioner has failed to
demonstrate that the hardship does not result from actions taken by the Petitioner. Accordingly,
the Commission affirmatively finds that Petitioner has failed to demonstrate that they have met
the third factor required for a variance.
d. Petitioner has failed to demonstrate that the requested variance is consistent
with the spirit, purpose and intent of the Commission's rules, will secure
public safety and welfare, and will preserve substantial justice.
The requirement that the variance only be granted if it will not harm the spirit, purpose,
and intent of statute or rules is implicit in the consideration of whether something is an
unnecessary hardship and is also explicitly required by CAMA's fourth variance criteria. As
explained by the North Carolina Supreme Court, a finding of "unnecessary hardship" should not
be used to
Abrogate the very intent and purpose of the ordinance, amend, if
not partially repeal, an act regularly adopted by the local
Legislature, and create a means by which the entire ordinance
could be frustrated at will by limitless exceptions. It cannot be
construed to include a hardship imposed upon all alike so as to
effectuate the primary purpose and intent of the legislative body. 12
In cases where strict application of the rules does not accomplish the policy objectives and goals,
iZ Lee v. Bd. ofAdjustment of City of Rocky Mount, 226 N.C. 107, 111, 37 S.E.2d 128,132 ((1946ppFY ))... //
19 RECIti E®
AUG 5 2019
MhP SECTION MH®

or does little to accomplish them, the resulting hardship may be unnecessary. A "board cannot
disregard the provisions of the statute or its regulations. It can merely `vary' them to prevent
injustice when the strict letter of the provisions would work `unnecessary hardship."'13 It is not
the Commission's purpose to restrict what the property owner wishes to do, within reason, when
doing so does not further the policy objectives and goals of CAMA. The term "unnecessary"
connotes the idea that it is not essential to maintain the restriction complained of because no
harm would befall neighboring properties and the purpose of the regulation would not be
contravened by granting the variance. On the -other hand, when strict application of the rules
accomplishes the policy objectives and goals the resulting hardship may be necessary.
In this case, the requested variance would allow development that is contrary to the
following rules:
• 15A NCAC 7H .0206(c) which is a management objective for Estuarine Waters AEC,
and requires the conservation and management of "the important features of estuarine
waters so as to safeguard and perpetuate their biological, social, aesthetic, and
economic values; to coordinate and establish a management system capable of
conserving and utilizing estuarine waters so as to maximize their benefits to man and
the estuarine and ocean system."
• 15A NCAC 07H .0208(a)(2)(A), which requires projects avoid significant adverse
impacts upon coastal wetlands, spawning and nursery areas.
• 15A NCAC 07H .0208(b)(1), which requires that new dredging projects avoid areas
designated as PNAs,
• 15A NCAC 07H .0208(b)(1)(F), which requires a boat basin to be excavated no deeper
than the depth of the connecting waters.
The spirit, purpose and intent of these rules is to protect the PNA by prohibiting new dredging .
];Showcase Realty and Const. Co. v. City of Fayetteville M ofAdjustment, 155 N.C. App. 548, 542, 573
S.E. 2d 737, 741 (2002) citing Lee v. Board ofAdjustment, 226 N.C. 107, 111, 37 S.E. 2d 128, 132
(1946). RECEIVED
20
AUG 5 2019
F1IP SECTION MHD

and prohibiting boat basins from being dredged to a depth deeper than connecting waters. After
reviewing the proposed development, resource agency staff explained that the proposed dredging
will have significant adverse impacts to the PNA habitat. Accordingly, the Commission finds
that granting the request would subvert the intent and purpose of the Commission's rules.
The second assessment to be made is whether the variance proposed by the Petitioner will
impact public safety and welfare. In this case, the Commission was persuaded by the information
provided by DCM in its Staff Recommendation that public safety and welfare will not be secured
by allowing the dredging of shallow -bottom PNA habitat and possibly creating "dead water" in
the basin, which could have significant adverse impacts on several fish species, an important
public resource.
Finally, the Commission finds that granting the variance will not preserve substantial
justice where the proposed variance would result in harm to public resources through new
dredging of PNA habitat and there are less harmful alternative means for Petitioner to continue
to provide maintenance to the Swan Creek Tract.
For these reasons, the Commission affirmatively finds that Petitioner has failed to meet the
fourth factor required by N.C.G.S. § 113A-120.1(a).
ORDER
THEREFORE, the requested variance from the Commission's Rules set forth in 15A
NCAC 7H..0208 to allow dredging in a primary nursey area is DENIED.
21
4-00041W 7•
AUG 5 2019
MP SECTION MHD

This variance decision is based upon the Stipulated Facts agreed to by Petitioner and
DCM as set forth above. The Commission reserves the right to reconsider this variance decision
and to take any appropriate action should it be shown that any of the above Stipulated Facts are
not true or have materially changed. .
This the 211 day of August 2019.
I*, l �,A�
M. Renee Cahoon Chair
Coastal Resources Commission
22
RECEIVED
AUG 5 2019
MP SECTION MHD

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties by the methods indicated below:
Robert L. Stallings IV
PO Box 12327
New Bern, NC 28561
Amy P. Wang, Esq.
Ward and Smith, P.A.
PO Box 867
New Bern, NC 28563-0867
U.S. Mail
Email: [e-mail]
Christine A. Goebel, Esq. Email: [e-mail]
Assistant General Counsel
N.C. Department of Environmental Quality
217 West Jones Street
Raleigh, NC 27603
Braxton C. Davis Email: [e-mail]
Mike Lopazanski [e-mail]
Angela Willis [e-mail]
N.C. Department of Environmental Quality,
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Skip Lee, Pamlico County LPO
Pamlico County Courthouse
202 Main Street
Bayboro, NC 28515
This the 2nd day of August, 2019.
Email: [e-mail]
16.
Mary L. Lucasse
Special Deputy Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602 RECEIVED
23 AUG 5 2019
P SECTION MHD

U.S. Postal ServiceTM
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I
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
March 25, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Stallings IV
PO Box 12327
New Bern, NC 28561
Dear Mr. Stallings;
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law, in which authorization was
requested to perform new excavation of an upland boat basin and channel that extends into a
tributary of Pittman Creek, and construct a boat ramp, docking facility and bulkhead, near
Merritt in Pamlico County. Processing of the application, which was received as complete by the
N.C. Division of Coastal Management's Morehead City Office on January 23, 2019, is now
complete. Based on the state's review, the Division of Coastal Management has made the
following findings:
1) The subject property is located at 52 Silverwood Drive, Merritt, in Pamlico County.
2) The proposed project is located within the Neuse River Basin, and is therefore subject to
the buffer requirements of the N.C. Division of Water Resources.
3) The waters of Pittman Creek are designated as Primary Nursery Area (PNA) by the N.C.
Division of Marine Fisheries' Marine Fisheries Commission (NEC). 15A NCAC 07H.
0208(a)(4) of the Rules of the Coastal Resources Comrission further define PNA's as
"Primary nursery areas are those areas in the estuarine and ocean system where initial
post larval development of finfish and crustaceans takes place. They are usually located
in the uppermost sections of a system where populations are uniformly early juvenile
stages. They are designated and described by the N.C. Marine Fisheries Commission
(MFC) and by the N.C. Wildlife Resources Commission (WRC); "
.cam aacuN 01 `E Q%�,�
o.w�m— mu�.G�.mimdu
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

i
March 25, 206
Page 2
4) The proposed project would involve development within Public Trust, Estuarine Waters,
Estuarine Shoreline, and Coastal Wetland Areas of Environmental Concern (AEC).
5) The proposed project involves application under the Coastal Area Management Act and
the State Dredge and Fill Law requesting authorization to perform dredging to create a
65' x 25' upland basin and 23' x 12' access channel to connect to a tributary of Pittman
Creek. The proposed upland basin would be excavated to a depth of -3.3' normal water
level (NWL). The access channel would be excavated to a depth of -2.0' NWL. Existing
water depths at the end of the proposed access channel are approximately -2.0' NWL. In
addition, the proposed project requests authorization to construct a boat ramp, access pier
and bulkhead, as associated structures of the boat basin.
6) The proposed project would involve the new excavation of 283 square feet of shallow
bottom PNA habitat.
7) A previous CAMA permit application proposed identical facilities and a larger 92'long x
25' wide x -3.3' at NWL access channel, that would have resulted in the excavation of
2,300 square feet of shallow bottom PNA at the same property. This application was
denied on March 5, 2018 due to inconsistencies with the following rules of the Coastal
Resources Commission.
(A) 15A NCAC 07H. 0206(c)
(B) 15A NCAC 07H.0208(b)(1)
(C) 15A NCAC 07H.0208(a)(2)(A) and 15A NCAC 07H.0208(a)(2)(B)
(D) 15A NCAC 07H. 0601
8) During the course of the joint state and Federal review of the application dated received
as complete on January 23, 2019, the N.C. Division of Marine Fisheries (DMF) objected
to the proposal due to the likelihood of significant adverse impacts to shallow bottom
PNA habitat. In additional to the direct impacts of 283 square feet shallow bottom PNA
habitat, the DMF notes that due to the shallow waters within and adjacent to the proposed
basin and access channel, secondary and cumulative impacts to PNA soft bottom habitat
will likely result from prop scour of the 30' pontoon skiff the applicant proposes to dock
at the proposed ramp. The DMF also objected to the project because the basin depth that
was deeper than the connecting waters of the proposed channel, resulting in possible
disruption of the normal exchange of water creating conditions where low dissolved
oxygen may occur. The N.C. Wildlife Resources Commission stated similar concerns to
those of DMF staff.
9) As of the date of this letter, the NC Division of Water Resources is still reviewing the
proposed project to determine if the project complies with State water quality standards.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
152.8082808

March 25, 2019�
Page 3
10) Based upon the above referenced findings, the Division of Coastal Management has
determined that the proposed project to perform new dredging for the construction of an
upland basin and access channel are inconsistent with the following rules of the Coastal
Resources Commission:
a) 15A NCAC 07H .0206 (c) (Management Objectives for Estuarine Waters), which
states "To conserve and manage the important features of estuarine waters so as
to safeguard and perpetuate their biological, social, aesthetic, and economic
values; to coordinate and establish a management system capable of conserving
and utilizing estuarine waters so as to maximize their benefits to man and the
estuarine and ocean system."
b) 15A NCAC 07H .0208(a)(2)(A), which states that "before being granted a permit,
a determination shall be made that the applicant has complied with the following
standards:
(A) The location, design, and need for development, as well as the construction
activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall
be sited and designed to avoid significant adverse impacts upon the
productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries
Commission, and spawning and nursery areas. "
c) 15A NCAC 07H .0208(b)(1) (Specific Use Standards), which states in part,
"Navigation channels, canals, and boat basins shall be aligned or located so as
to avoid primary nursery areas, shellfish beds, beds of submerged aquatic
vegetation as defined by the MFC ", and
d) 15A NCAC 07H.0208(b)(1)(F), which states: "Any canal or boat basin shall be
excavated no deeper than the depth of the connecting waters."
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major
Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or local land use
plans, and N.C.G.S. 113-229, which requires that a permit be denied for cases where a proposed
development will lead to a significant adverse impact to fisheries resources.
If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will
involve appearing before an Administrative Law Judge who listens to evidence and arguments of
both parties before making a final decision on the appeal. Your request for a hearing must be in
the form of a written petition, complying with the requirements of § 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
onmumu n u.um.�.�w o-mro�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

March 25, 2019
Page 4
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial
letter. A copy of this petition should be filed with this office.
Another response to a permit denial available to you is to petition the Coastal Resources
Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal
Resources Commission. Applying for a variance requires that you first acknowledge and
recognize that the Division of Coastal Management applied the Rules of the Coastal Resources
Commission properly in processing and issuing this denial. You may then request an exception
to the Commission's Rules based on hardships to you resulting from unusual conditions of the
property. To apply for a variance, you must file a petition for a variance with the Director of the
Division of Coastal Management and the State Attorney General's Office on a standard form,
which must be accompanied by additional information on the nature of the project and the
reasons for requesting a variance. The variance request may be filed at any time, but must be
filed a minimum of six weeks before a scheduled Commission meeting for the variance request
to be eligible to be heard at that meeting. The standard variance forms may be obtained by
contacting a member of my staff, or by visiting the Division's web page at:
https:Hdeq.nc.gov/about/divisions/coastal-management/coastal-management-permits/variances-
appeals.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Mr. Gregg Bodnar at
[phone] extension 215.
Sincerely,
Braxton C. Davis
cc: Col. Robert J. Clark - U.S. Army Corps of Engineers, Wilmington, NC
Josh Pelletier - U.S. Army Corps of Engineers, Washington, NC
Linda Culpepper — Director, NC Division of Water Resources, Raleigh, NC
Karen Higgins - NC Division of Water Resources, Raleigh, NC
Anthony Scarbraugh - NC Division of Water Resources, Washington, NC
Samir Dumpor — DEMLR Storm Water, Washington, NC
Troy Beasley — Withersravenel, Inc. 219 Station Road, Suite 101, Wilmington, NC 28405
North Carolina Department of Enviranmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue i Morehead City. North Carolina 28557
252.808.2808

Bodnar,.Gregg
From: Beasley, Troy <[e-mail]>
Sent: Friday, April 05, 2019 9:02 PM
To: Bodnar, Gregg
Subject: [External] 52 Silverwood Drive,- Stallings Upland Boat Basin CAMA Major Permit
Application - Merritt, Pamlico County - Response to Agency Comments
Attachments: Stallings Boat Basin -Ramp -Response to Agency Comments_2019-04-03.pdf
Gregg,
Attached is our formal response to specific comments received from NCDMF and NCWRC during the application
review. While the CAMA Major Permit was denied for this project on 3/25/19, we request that the attached response
letter be included in the public record for this project.
Thanks for your assistance! Please let me know if you have any questions.
Troy Beasley
❑"
219 Station Road, Suite 101 ! Wilmington, NC 28405
Office:910.256.9277 1 Direct:910.509.6512
Mobile: [phone]
tbeasl ey@ wi th ersravenel.co m
0 °1
CONFIDENTIALITY AND NONDISCLOSURE

1<
WithersRavenet
Our People. Your Success.
April 3, 2019
NC Division of Coastal Management
Morehead City Headquarters
Greg Bodnar
400 Commerce Avenue
Morehead City, NC 28577
RECEIVE®
APR 8 2019
MP SECTION Il HD
Re: 52 Silverwood Drive - Stallings Upland Boat Basin - Response to Agency Comments
Merritt, Pamlico County
WR Project #03180177.00
Dear Mr. Bodnar.
This letter is in response to agency comments from the North Carolina Wildlife Resources
Commission (NCWRC) and the NCDEQ Division of Marine Fisheries (DMF) received during the
public notice period for the proposed project that you provided to us on March 11, 2019. While
the CAMA Major Permit for this project was denied on March 25, 2019, the applicant will be
pursuing a CRC Variance and we request our responses to the comments be included in the public
record for this project. Below are the synopsized comments from NCWRC and DMF, with our
responses provided below each comment.
NC Wildlife Resources Commission
1) There is no history of previously permitted or even historically dredged projects in the area.
There are five existing boat ramps on private residences within the immediate vicinity of the
proposed project. A review of aerial imagery determined that there has been dredging in
Pittman Creek historically. Specifically, properties located at 6, 24 & 42 Rich Street, on the
eastern side of Pittman Creek directly across from the proposed project, contain boat ramps
on a channel/canal that was obviously created by dredging. This portion of Pittman Creek has
regular boat traffic from these existing boat ramps, as well as numerous docks along Pittman
Creek.
2) We appreciate the effort by the applicant to demonstrate minimization with the shallower
depth and shorter length proposal for the access channel. However, the shallower depth is
likely too shallow for the applicant's stated purpose and would likely lead to hull scraping and
prop scour during vessel ingress and egress, especially if the vessel is drafting low due to heavy
loads. Low water events due to wind direction may further increase bottom disturbance when
the area is used during those times.
The vessel that the applicant uses is a 30-ft pontoon skiff with a flat deck customized to carry
maintenance equipment to the Swan Creek Tract in very shallow waters. When fully loaded
to the maximum carrying capacity, the pontoon skiff has a draft of 18 inches. Seldom is the
skiff loaded to capacity, so the draft is usually shallower. Even when fully loaded, there will
not be hull scrape during normal water depths since the proposed channel will be excavated
to -2.0' below NWL. The applicant is experienced in navigating the pontoon skiff in shallow
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910,256.9277 ; www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro 1 Pittsboro I Raleigh I Wilmington

Al
52 Silverwood Drive - Stallings Boat Basin/Ramp % I Withers Rave n e l
Merritt, Pamlico County
waters navigating to and from the Swan Creek Tract. During ingress/egress, the pontoon skiff
will navigate a very slow speeds, barely more than idle. The slow speeds and the use of tilt
and trim to raise the motor will help to prevent prop scour.
In general, the water depths within Pittman Creek are relatively stable except during storms
where wind out of the west causes low water events, as noted by NCWRC. It should first be
noted that not all storms result in low water conditions, as some storms have winds from the
east that result in high water conditions. During low water events, the applicant will simply
not be able to launch from the proposed boat ramp. It is important to remember that this boat
ramp is only intended to be used for the 30-ft pontoon skiff for the primary purpose of
transporting equipment to/from the Swan Creek Tract to maintain the levees, pumps and other
water control structures. The frequency of launching from the proposed boat ramp will
depend on the time of year, as well as water conditions, and launching will not be a daily or
weekly occurrence.
The applicant is a native of eastern Pamlico County. He has been navigating the waters of this
area since youth, and is skilled at navigating shallow waters in the intended vessel. The
applicant has a keen knowledge of water depths associated with wind driven tides, and knows
that there are times when launching from the proposed boat ramp is not feasible. The
applicant has no intent to risk potential damage to the pontoons on the skiff by attempting to
launch during low water conditions where hull scrape or prop scour could occur.
3) ...the connecting waters of the unaltered creek bottom or even the proposed access channel
are more shallow than the proposed -3.3' basin and therefore would likely affect water quality
conditions such as dissolved oxygen within the area.
The -3.3' NWL depth in the boat basin is necessary to provide the adequate depth for a trailer
to deliver the pontoon skiff so that the pontoon skiff will float and the trailer can be removed.
The -3.3 NWL depth is a little over 1 ft deeper than the proposed channel depth of -2.0' NWL.
Additionally, the water depths within Pittman Creek are also at -3.3' within 100 feet of the
proposed boat basin. Due to the small size of the boat basin (t840 sf), launching/landing of
the skiff and tidal fluctuations during weather events will provide sufficient flushing of the boat
basin. Also, please note that the excavated boat basin will abut the open water of Pittman
Creek, and circulation of water will not be confined to only the 12 ft wide access channel.
NC Division of Marine Fsheries
1) While the requested footprint of the access channel has been reduced in size from the previous
application, the secondary and cumulative impacts to PNA soft bottom habitat will be the
same if not greater due to the prop scour likely to occur during normal use of the basin as
described in the application. The water depths of Pittman Creek at the end of the proposed -
3.3' at NWL basin and channel are -2' at NWL which can limit the operations of even small
outboard powered skiffs.
During the normal use of the proposed facility with the 30' outboard powered equipment -
laden barge described in the application, it is near certainty that prop scour and kicking will
occur outside of the dredge footprint. Even without direct contact with the bottom the thrust
needed to propel a heavy laden vessel with an outboard motor's propeller within inches of the
R E C E IVEMom will cause prop dredging of the shallow soft bottom habitat.
APR 8 2019
Page 2 of 3
fA;R SECTION MHD

52SilverwoodDrive - Stallings Boat Basin/Ramp 40WithersRavenel
Merritt, Pamlico County NO Our Pcopde. Maur Su<u, zz.
The vessel that the applicant will launch at this facility is a 30-ft pontoon skiff with a flat deck,
which is customized to carry equipment and supplies to the Swan Creek Tract in very shallow
waters. When fully loaded to the maximum carrying capacity, the pontoon skiff has a draft of
18 inches. Seldom is the skiff loaded to capacity, so the draft is usually shallower. Even when
fully loaded, there will not be hull scrape during normal water depths, as the proposed channel
will be excavated to -2.0' below NWL. The applicant is accustomed to navigating the pontoon
skiff in shallow waters around the Swan Creek Tract. During ingress/egress, the pontoon skiff
will navigate a very slow speeds, barely more than idle. The slow speeds, along with the use
of tilt and trim to raise the motor will help to prevent prop scour.
2) If the vessels intended to be used at this facility could operate reliably in water depths of -2'
then dredging the basin to -3.3' would seem unnecessary.
The proposed -3.3' water depth in the basin is necessary to provide the adequate depth for a
trailer to deliver and retrieve the pontoon skiff and so that the pontoon skiff will float and the
trailer can be removed. While the pontoon skiff can easily navigate in -2.0' water depths, it
cannot be launched from a trailer in -2.0' water depths. Please note that this project consists
of a boat ramp and basin, as the intent is to launch the pontoon skiff from a trailer and to
remove the skiff from the water after each trip. The pontoon skiff will not be permanently
docked in the basin, and therefore the -3.3' water depth within the basin is necessary to launch
and retrieve the vessel with a trailer.
Sincerely,
WithersRavenel
Troy Beasley
Senior Environmental Scientist
RECEIVED
APR S 2019
MP SECTION MH®
Page 3 of 3

Bodnar, Gregg
From:
Moore, Bill
Sent:
Tuesday, April 30, 2019 3:25 PM
To:
[e-mail]
Cc:
Bodnar, Gregg
Subject:
CAMA Major for Robert Stallings - Pamlico County
Good Afternoon Troy,
This is a follow-up to our recent emails regarding the Robert Stallings project. I understand
that Mr. Stallings is seeking a variance from the CRC before proceeding with his proposed
upland basin & bulkhead project. The outcome of the variance request is uncertain and
may take some time. You indicated that if the variance is granted, then Mr. Stallings would
submit a stormwater application along with plans & details. Based on the information
provided thus far, I do not anticipate a problem with obtaining a stormwater permit. We will
consider this project inactive at this time. Please feel free to contact me with any
questions.
Bill Moore, Environmental Engineer
Division of Energy, Mineral and Land Resources
943 Washington Square Mall
Washington, NC 27889
[phone]

ROY COOPER
G"w'Ra
MICHAEL S. REGAN
UNDA CULPEPPER
lnreRm fAre lm
NOR `H CAROLINA
£nvirorurmwal Quatiry
May 30, 2019
DWR # 17-1298
Pamplico County
Mr. Robert L. Stallings, IV
PO Box 12327
New Bern, NC 28561
Subject: APPLICATION HOLD
Stallings Property —Upland Basin and Ramp
Dear Mr. Stallings:
On October 11, 2018 the Division of Water Resources (Division) received your application dated
October 9, 2018 requesting a 401 Water Quality and Buffer Authorization Certifications from
the Division for the above -referenced project. Subsequent information was received by the
Division on January 8, 2018.
On May 28, 2019, your agent, Troy Beasley of WithersRavenel requested the application be put
on administrative hold on your behalf pending the outcome of a Division of Coastal
Management, Coastal Resources Commission Variance request. Therefore, the application is
on -hold pending a decision by the Coastal Resources Commission on the variance request.
RECEIVED
MAY 3 1 2019
✓' ` � ill' SECTION MHD
North Caro!ma Ccre'"tTew of Erv;r..^,mmwtal Quaa mson of Water R2scurces
EY.L" Nort' SsISLWro Str.�t L61'7 Mad Sernce Center; Hal^:qh. Nar[n%0.'ikL'ui 776991617
919.707,900<

Stallings Property - Upland Basin and Ramp
Hold
DWR Project #2017-1298
Page 2 of 2
Please be aware that you have no authorization under Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 Anthcny.ScarbrauRh(a)ncdenr.Koy or Paul
Wojoski at 919-807-6364 or Paul.Woioskiwncdenr gcv if you have any questions or concerns.
Sincerely,
� �'C"
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Troy Beasley, WithersRavenel (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Doug Huggett, DCM Morehead City Office (via email)
DWR WaRO
DWR 401 & Buffer Permitting Branch file
Filename: 171298StallingsP ropertyi Pamplicoj_Hold
RECEIVED
MAY 3 1 2019
MP SECTION MHD

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Robert Stallings IV
County: Pamlico
LOCATION OF PROJECT: 52 Silverwood Drive, Merritt NC
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1/23/2019
FIELD RECOMMENDATION: Attached:
To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO
To Be Forwarded:
FIELD REPRESENTATIVE: Brad Connell
DISTRICT OFFICE: Morehead City
DISTRICT MANAGER REVIEW: Roy Brownlow
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 2/6/2019
FEE REC'D: $ 400 (60/40)
PUBLIC NOTICE REC'D: Yes
END OF NOTICE DATE: 2/28/2019
ADJ. RIP. PROP NOTICES REC'D: Yes
DEED REC'D:
APPLICATION ASSIGNED TO: Gregg Bodnar
ON: 2/7/2019
C) 75 DAY DEADLINE: 4/8/2019
150 DAY DEADLINE:
MAIL OUT DATE: 2/7/2019
STATE DUE DATE:
FEDERAL DUE DATE:
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY
DRAFT ON
AGENCY
DATE
OBJECTIONS:
NOTES
COMMENTS
YES NO
RETURNED
Coastal Management - Regional Representative
Coastal Management - LUP Consistency Determination
7
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Division of Community Assistance
2/sh
DEMLR-Land Quality Section
Division of Water Resources-001
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State Properly Office
Division of Archives & History (Cultural Resources)
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DMF-Shellfish Sanitation
Z/Il I(9
DWR-Public Water Supply
Zli1 I19
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Division of Highways
Wildlife Resources Commission
2i28�1q
Local Permit Office
Division of Marine Fisheries- Fisheries Resource Spec.
Corps of Engineers
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ROY COOPER
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
DATE: January 29, 2019
TO: Gregg Bodnar (L��
THRU: Roy Brownlow
FROM: Brad Connell IL
MICHAEL S. REGAN
S.- "&"'
BRAXTON C. DAVIS
l t,."tr,.
SUBJECT: Comments and Recommendations - CAMA Major Permit —Robert Stallings IV,
Pamlico County
The following is my assessment and consequent recommendations of the above referenced proposal: This
proposal would excavate 283 square feet of shallow bottom Primary Nursery Area (PNA) habitat, 871 square
feet of Section 404 Wetlands, and 750 square feet of high ground. This proposal would fill 1,500 square feet
of Section 404 Wetlands, 225 square feet of Coastal Wetlands, and 10,160 square feet of high ground. This
proposal is subject to the Neuse River Basin Riparian Buffer Rules. These waters of Pittman Creek are closed
to shellfish harvest.
This waterbody is a PNA as defined by the Marine Fisheries Commission (MFC). I recommend that the project
be denied as proposed in accordance with the Specific Use Standards outlined in 15A NCAC 07H .0208(b)(1)
which states that "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid
primary nursery areas.... as defined by the MFC......
Additionally, the applicant is proposing to excavate the boat basin deeper than the connecting waterbody
depths. I recommend that this proposal be denied in accordance with the Specific Use Standards stated in
15A NCAC 07H .0208(b)(1)(F), which states that "Any canal or boat basin shall be no deeper than the depth of
the connecting waters."
That portion of the proposed vinyl bulkhead at the northeastern corner of the proposed boat basin is also in
conflict with the CRC's rules. I recommend that this proposal be denied in accordance with the Specific Use
Standards found in 15A NCAC 07H .0208(b)(7)(B), which states that "Bulkheads shall be constructed landward
of coastal wetlands in order to avoid significant adverse impacts to the resources."
CC: Roy Brownlow, DCM
Nothing Compares;,.
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, INC 28557
252 808 2808 T

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
February 8, 2019
MEMORANDUM:
NORTH CAROLINA
Envlronmentat Quallty
FROM: Greg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead CityNG 28557
Fax: [phone] (Courier 11-12-09)
Area. bodnar(cbncdenr.Aov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Robert Stallings IV
Project Location: 52 Silverwood'Drive, Merritt NC 28556
Proposed Project: To construct a bulkhead,upland basin and channel excavation for personal
use adjacent to Pittman Creek, Pamlico County.
Please indicate below your agency's, position or viewpoint on the proposed project and
return this form by February 28, 2019at the address above. If you have any questions regarding.the
proposed project, please contact Greg Bodnar at [phone], 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"'
t 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 Le -
AGENCY �/%✓� r^-< < �^� t
SIGNATURE
DATE a' S—/ GI
DESrvaam cua�r+a � 1
FEB 8 2019
MP SECTION Dili®
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

;Received: 02/6712019 Q
.State Historic-.Preservaticin,Office
ROY'COOPER
MICHAELS: BEGAN:
-Secretary_ .
BRAXTON'C: DAMS
.Dlmctor
.'Febru`ary 7,'2019:
MEMORANDUM:
FROM: Greg Bodnar; Assistant. Major permits Coordinator
NCDEQ -Division 6f Coastal Management'
400 Commerce Ave.,iMorehead,City;NC •28557
Fax;,252`247-3330;(Courfer 11=12=09)
'area. ti od nar@ ncden r.'cov
SUBJECT: 'CAMA Application Review
Applicant: Robert Stallings IV
ER 19-0772.
pue:"-2122119
Project:Location;S2 Sitverwood Driv%,Merritt NC ,28556
Proposed Project:. To' constructa bulkhead upland basin and channel' excavation for peirto.nal.
use adjacent to Pittman Creek; Pamlico. County.
Please:indicate.b'elow your agency's, position or viewpoint on the proposed',project and
return'this'form by February 28, 2019 at the'address above. 'if.you.have any questions. regarding the
proposed'project'; please contact'Greg Bodnar at [phone]: When appropriate„ in-depth-coniments
wilh:supporting data;is requested.
REPt Yi. This agency has .mobjection,tathe,'project.as proposed:
"Additional comments may be attached"
This.agency has no comment.on'the:proposed projecL
This agency approves.of the project only.1f-the recommended changes
are, incorporated.,See attached.
This .agency objects to the:project.for reasons described'in tF(e attached
comments.
PRINT NAME'Renee• Gledhill -Earley
AGENCY State Historic Preservation t Office RECEIVE
SIGNATURE_
DATE a' lQ' I FEB 1 9 2019
NIP SECTION HD
�D_EQP Il
North Carolina Department of Environmental Quaniy I,•Dlvislon of Coastal MSnagement
Morehead City Office 400Commerce Avenue I'Wret zal City, North'Caralina 28557 FB F ''O p LU 1q(�q
9
252,5082808, - C

ROY COOPER
Governor
MICHAEL$.REGAN
Secretary .
BRAXTON C:DAVIS
Director
February 11, 2019
NORTH,CAROLINA
Environmental Quality
FROM: Greg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: [phone] (Courier 11-12-09)
greg.bodnar0ncdenr.ilov
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: Robert Stallings IV
Project Location: 52 Siiverwood Drive, Merritt NC 28656
RECEIVED
FEB. 1 1.2019
MP SECTION MHO
Proposed Project: To construct a bulkhead upland basin and channel excavation for personal
use adjacent to Pittman Creek, Pamlico County.
Please Indicate belowyour agency's position or.viewpoint on the proposed project and'.
return this form by February 28, 2019 at the address above. If you have any questions regarding the
proposed project, please contact Greg Bodnar at [phone]. When appropriate, in-depth comments
with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached•"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated.. See attached.
This agency objects to the project for reasons described in the attached
comments.
P,,.RfiWNAM 0 Cllf Whitflelt
_1 _,Public Water
�:�ta�►.ru�r
DATA _2-11-201
`�
North Carolina Department of Environmental Quality I. Division of Coastal Manallem¢nt
Morehead City Office 14OOCommerceAvenue I Morehead City, North Caroilna 28557
252.808.2608

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
February 7, 2019
NORTH CAROLINA
Environmental Quality
FROM: Greg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: [phone] (Courier 11-12-09)
g reg.bodnar(@ ncdenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Robert Stallings IV
Project Location: 52 Silverwood Drive, Merritt NC 28556
Proposed Project: To construct a bulkhead upland basin and channel excavation for personal
use adjacent to Pittman Creek, Pamlico County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by February 28, 2019 at the address above. If you have any questions regarding the
proposed project, please contact Greg Bodnar at [phone]. 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 Valerie Wunderly for Shannon Jenkins
cENCY NC DMF. - Shellfish Sanitation
SIGNATURE Ia-A�
DATE 2/11/19
cwm� rxm�D�Em
apmsnm�,,.®a.im.mr�
RECEIVED
FEB 1 1 2019
MP SECTION MHD
North Carolina Department of Environmental Qualiy I Division of Coastal Management
Morehead City Office 140OCommereeAvenue I Morehead City,Nonh Carolina 28557
252.8082808

b`:b 2ECII0M WHO
9ECEUIED

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
February 13, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Greg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: [phone] (Courier 11-12-09)
ores. bodnar(aMcdenc oov
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: Robert Stallings IV
Project Location: 52 Silverwood Drive, Merritt NC 28556
Proposed Project: To construct a bulkhead upland basin and channel excavation for personal
use adjacent to Pittman Creek, Pamlico County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by February 28, 2019 at the address above. If you have any questions regarding the
proposed project, please contact Greg Bodnar at [phone]. When appropriate, in-depth comments
with supporting data is requested.
REPLY: XXX_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 —Rodney A. Butler
AGENCY _NC NHP
SIGNATURE
DATE 2113/201
Noa*,rcrwauuaD E �4
nrnuuumwurern�wawwv�
RECEIVE®
FEB 1 2 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
252.8082808

N'" Roy Cooper, Governor
i09a1 NC DEPARTMENT OF Sus! Hamilton, Secretary
11111 NATURAL AND CULTURAL RESOURCES
1a111 Walter Clark, Director, Land and Water Stewardship
NCNHDE-8224
February 12, 2019
Gregg Bodnar
NC Coastal Mgmnt
400 Commerce Avenue
Morehead City, NC 28557
RE: CAMA: 52 Silverwood Drive, Merritt INC 28556
Dear Gregg Bodnar:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s•//www.fwa.goy/offices/Directory/ListOff lcescfm'2statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodn v butler(cbncdcr aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
RRECEDVED
FEB 1 2 2019
OF L AND CULTURAL RESORCES
(g) 121 W. JONES STREET, RALE GtH, NC 27603� 16SI MAIL SERVICE CENTER RALEIGH. NC V�SECTION MH®
fu OFC 919.7079120 • FAX [phone]

Element
Freshwater
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
CAMA: 52 Silverwood Drive, Merritt NC 28556
February 12, 2019
NCNHDE-8224
Within a One -mile Radius of the Project Area
Shortnose Sturgeon
Atlantic Sturgeon
Low
E _� 4-Lowy Endangers
-_ _._.___ _. - .— __.._.,M_ at, _ �a�_.._� � _
Mammal 5451 Tfichechus manatus ' West Indian Manatee 1994-09-17 E.� 5-Very .Threatened ' Threatened " G2 S19
,....�_' .�_. ._._._'. _--- Low'. _.�.-. _..>
Reptile 38519 Malaclemys terrapin Diamondback Terrapin�1985-08-16 H?u 2-High --- Special G4 S3
Concern
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Areas Documented Within a One -mile Radius of the
Definitions and an explanation of status designations and codes can be found at htto *// hd nat resery a/content/h Data query generated on February12, 2019: source: NCNHP, Q1 Jan 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
FEB 1 2 2019
MP SECTION MH® Page 2of3

NCNHDE-8224: CAMA: 52 Silverwood Drive, Merritt NC 28556
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Project Boundary
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Project Boundary
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Natural Heritage Element Occurrence (NHEO)
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Page 3 of 3
1:22,419
0 0.175 0.35 0.7 mi
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J

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
February 11, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Greg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: [phone] (Courier 11-12-09)
_greg. bod nar(ailncde ringov_
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Robert Stallings IV
Project Location: 52 Silverwood Drive, Merritt NC 28556
Proposed Project: To construct a bulkhead upland basin and channel excavation for personal
use adjacent to Pittman Creek, Pamlico County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by February 28, 2019 at the address above. If you have any questions regarding the
proposed project, please contact Greg Bodnar at [phone]. 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.
This agency cannot complete the review until the requested information is provided.
PRINT NAME Anthony Scarbraugh
AGENCY
SIGNATURE 2,Z�6
b n 03/11/19
RECEIVED
MAR 1 1 2019
MP SECTION MH®
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
2528082808

ROY COOPER
Governor
MICHAELS.REGAN
secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 11, 2019
CERTIFIED MAIL: 7018 2290 00018043 6517
RETURN RECEIPT REQUESTED
Robert L. Stallings, IV
PO Box 12327
New Bern, NC 28561
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stallings Property —Upland Basin and Ramp
Dear Mr. Stallings:
DWR # 17-1298 V2
PAMLICO County
RECEIVED
MAR 1 1 2019
MP SECTION MH®
On February 15, 2019, the Division of Water Resources (Division) received your application dated February
11, 2019, requesting a 401 Water Quality and Buffer Authorization Certification from the Division for the
subject project. The Division has determined thatyour application is incomplete and cannot be processed.
The application is on -hold until all of the following information is received:
1. Buffer Restoration:
Please provide this Office with a buffer restoration plan associated with the cutting and removal
of buffer vegetation as described in your application. This planting plan must be developed such
that at least two native tree species are to be planted at a density sufficient to provide 260 trees
per acre at maturity. This density can be achieved by planting approximately 360 (11.x 11 feet
spacing) to 538 (9 x 9 feet spacing) trees per acre. Restoration of trees/shrubs/forest must be
completed by the first subsequent planting season (November 1 through March 30). Note, if the
tree plantings do not survive, they will need to be replaced such that the density is sufficient to
provide 260 trees per acre at maturity. As a part of this plan, your response must include an
implementation/planting schedule with clear dates. This can be achieved by planting wooded
stemmed vegetation as described in Guidelines for Riparian Buffer Restoration provided online
(http://www.nceep.net/news/reports/buffers.pdf). [15A NCAC 02 .0233(4)(a)]
Pursuant to above referenced general statue and administrative code, the applicant shall furnish all of the
above requested information for the proper consideration of the application. If all of the requested
information is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will necessitate
reapplication to the Division for approval, including a complete application package and the appropriate
fee.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
NC 27699-1617.
Please be aware that you have no authorization under Section 401 of the Clean Water Act and Neuse
Riparian Buffer Rules for this activity and any work done within waters of the state and buffer may be a
violation of North Carolina General Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have
any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Gregg Bodnar, DCM Morehead City (via email)
Brad Connell, DCM WaRO (via email)
Samir Dumpor, DEMLR WaRO
Laserfiche
Troy Beasley, WithersRavenel, Inc. (via email: [e-mail])
Filename:17-1298 V2_Stallings_52 Silverwood Drive-401—BA—HOLD
s
MAR 1 1 2019
M-P SECTION MHD

11
Bodnar, Gregg
From: Moore, Bill
Sent: Thursday, March 14, 2019 12:05 PM
To: [e-mail]
Cc: Bodnar, Gregg; Dunn, Carl
Subject: Robert Stallings Project - Stormwater Review - SW7190201
Good Morning Troy,
Just a follow-up to our phone conversation today. The CAMA application for this project
triggers a stormwater review. Based on the information provided to me thus far, it appears
that a low density permit is probably the best fit. Please send the site plan we discussed that
shows the development plans & stormwater control measures. I will review & get back with
you before, or by next Wednesday. I will be glad to help with any questions about the
stormwater review.
Bill Moore, Environmental Engineer
Division of Energy, Mineral and Land Resources
943 Washington Square Mall
Washington, NC 27889
[phone]

Bodnar, Gregg
From:
Moore, Bill
Sent:
Wednesday, March 20, 2019 1:50 PM
To:
Beasley, Troy
Cc:
Bodnar, Gregg
Subject:
RE: [External] RE: Robert Stallings Project - Stormwater Review - SW7190201
Hey Troy,
Got your email; reviewed the attached site plans. A low density permit could work for this
project. Site survey appears to show this project on a separate deeded tract? Need to
designate the site area and tie that to max 12% impervious. With the existing development
already established, you may not want to include the entire tract in this LD permit? Define
the drainage area; show/describe sw measures; ie, grass swales, sheet flow, vegetated
buffers. If the owner wishes to add some impervious area in the future; you may want to
include in this permit to avoid future permit modification? Please submit sw application,
plans & specs, and $505 fee. Let me know if you have questions.
From: Beasley, Troy <[e-mail]>
Sent: Friday, March 15, 2019 11:13 AM
To: Moore, Bill <[e-mail]>
Cc: Bodnar, Gregg <[e-mail]>; Dunn, Carl <[e-mail]>
Subject: [External] RE: Robert Stallings Project - Stormwater Review - SW7190201
Thanks Bill. Attached are the permit application drawings. Give me a call when you're back in the office next week to
discuss.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office:910.256.9277 1 Direct:910.509.6512
Mobile: [phone]
tbea sley0withersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 W 5`" Street
Washington, North Carolina 27889
March 26, 2019
Regulatory Division
Action ID. SAW-2017-02141 .
Mr. Robert Stallings
Post Office Box 12327
New Bern, North Carolina 28561
Dear Mr. Stallings:
By copy of the North Carolina Department of Environmental Quality (NCDEQ) letter to you
of March 25, 2018, we have learned that the Coastal Management Consistency Determination
necessary for you to perform excavation of an upland boat basin and channel that extends into a
tributary of Pittman Creek, and to construct a boat ramp, docking facility and bulkhead, near
Merritt, in Pamlico County, North Carolina, has been denied. Under the administrative rules of
our regulatory program, denial of the required Coastal Management Consistency Determination
precludes favorable consideration of a Federal permit. Accordingly, your Department of the
Army (DA) permit application is hereby denied, without prejudice, and your file has been retired.
Additionally, we received unfavorable comments from the National Marine Fisheries Service
regarding your proposed work due to anticipated adverse impacts to essential fish habitat. While
appealing the NCDEQ consistency determination is your next step in pursuing State
authorization, you should be aware that Federal agency comments will remain unchanged by the
outcome of that appeal. Should you be successful in obtaining the State's consistency
certification, all issues raised by the federal agencies must be resolved before a final decision on
your DA permit application can be made by the U.S. Army Corps of Engineers.
Thank you for your time and cooperation. If you have any questions, please contact Mr. Josh
Pelletier of my Washington Regulatory Field Office staff, telephone [phone], or email
[e-mail].
FOR THE COMMANDER
� ffi,1
David M. Lekson, PWS
Chief, Washington Regulatory Field Office
Wilmington District Corps of Engineers
RECEIVED
MAR 2 S W9
DCM-MHD CITY

Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section.
USEPA — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303-8960
Ms. Twyla Cheatwood
Fishery Biologist
Habitat Conservation Division -Atlantic Branch
101 Pivers Island Road
Beaufort, North Carolina 28516-9722
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Doug Huggett
CAMA Major Permits Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Anthony Scarborough
Division of Water Resources
943 Washington Square Mall
Washington, NC 27889

Bodnar, Gregg
From: Beasley, Troy <[e-mail]>
Sent: Thursday, March 28, 2019 3:36 PM
To: Moore, Bill
Cc: Bodnar, Gregg; Boyd, Joseph
Subject: RE: [External] RE: Robert Stallings Project - Stormwater Review - SW7190201
Bill,
Thanks again for your time today to discuss the stormwater permitting for this project. Here's a quick bullet point recap
of our discussion. Feel free to add anything that I have omitted.
• The project is eligible for a low density stormwater permit. We will expand our "project area" to add additional
project area so that the total impervious area is less than 12%.
• We will submit the low density stormwater permit application, which will include plans documenting that the
runoff will sheetflow through naturally vegetated areas, and no formal SCM treatment is required.
• The plans will include information on sheets 1 of 5 and 3 of 5 in the Surveyors Impact Maps that were submitted
with the CAMA Major application.
Please note that the CAMA permit has been denied as expected and we are in the process of applying for a variance
through the CRC. Currently, the NCDWR 401 WQC application has been placed on hold until the CRC variance decision
has been made, which will be later this year. The applicant is going to wait until the CRC variance decision has been
made before submitting the Stormwater Permit application. Therefore, if the CRC variance is granted, we will then
submit the stormwater permit application. So it will be late 2019 before we submit the stormwater permit application.
Thanks for your help with this project, and please let me know if you have any questions.
Troy Beasley
❑"
219 Station, Road, Suite 101 1 Wilmington, NC 28405
Office:910.256.9277 1 Direct:910.509.6512
Mobile: [phone]
tbeas ley@withers rave n el.co m
CONFIDENTIALITY AND NONDISCLOSURE

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RECEIVED
MAP J mg
PAP SECTION MHD
MEMORANDUM:
TO: Gregg Bodnar, Assistant Major Permits Coordinator
—
THROUGH: Anne Deaton, Habitat Assessment Coordinators/-)
FROM: Shane Staples, Fisheries Resource Specialist//�
ROY COOPER
C ,a
MICHAEL S. REGAN
Saretorr
STEPHEN W.MURPHEY
Dirartnr
SUBJECT: Robert Stalling W, Basin and Channel, Pittman Creek, Pamlico County
DATE: 2/18/19
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The project proposed
consists of a bulk headed boat basin with concrete ramp, an access channel dredged into Pittman Creek,
and gravel driveway to access ramp. The stated purpose of the project is to provide dockage and a loading
area for an outboard powered 30ft pontoon barge to be loaded with equipment (tractors, bush hogs,
bobcats, etc.) to service private duck hunting impoundments as well as allow for side by side dockage of
other vessels. The proposed upland basin would extend 65' landward of NWL and be 25' wide with a
proposed final depth of -3.3' NWL. On the landward terminus of the basin a 40' x 21' concrete ramp is
proposed. The basin would be stabilized with vinyl sheet pile and have a 4' x 65' walkway along the
southern side for side to docking. An access channel dredged into Pittman Creek is also proposed that
would extend 23' into the creek with a width of 12'; the final depth is also proposed to be -3.3 at NWL in
an area where the connecting waters of Pittman Creek are only -2' at NWL. Pittman Creek is designated a
Primary Nursery Area (PNA) by the N. C. Marine Fisheries Commission. The habitat in this area of the
creek is best characterized as shallow soft bottom with detritus; this type of habitat not only provides a
key foraging habitat for larval and juvenile finfish and shellfish it also provides ecosystem benefits of
sediment storage and nutrient cycling.
This project only varies slightly in dredge footprint from a previous application from 9/28/17 by the
applicant that was objected to by this office due to negative impacts to PNA soft bottom habitat. That
project had an in -water dredge footprint of 25' in width matching the width of the basin and was 92' in
length in order to reach connecting water depths of -3' at NWL.
The Division of Marine Fisheries objects to this project based on the significant negative impacts to PNA
soft bottom habitat in the form of new dredging in a PNA from both the proposed project footprint and
prop kicking. While the requested footprint of the access channel has been reduced in size from the
previous application, the secondary and cumulative impacts to PNA soft bottom habitat will be the same
if not greater due to prop scour likely to occur during the normal use of the basin as described in the
application. The water depths in Pittman Creek at the end of the proposed -3.3' at NWL basin and channel
are -2' at NWL which can limit the operations of even small outboard powered skiffs. The 12' width of
the proposed access channel is marginal to allow for normal maneuvering of any outboard vessel
attempting to come to dock. During the normal use of the proposed facility with the 30' outboard powered
State or Nnrlh Camara I D#Wsinn07MatMe1W1ffks
3441 Arendea Sheet I P.O. Box 764I Machead Oky, North Cw*na 26557
252-726-7(m

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
Director
February 20, 2019
Gregg Bodnar, Assistant Major Permits Coordinator
NC DEQ Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Re: CAMA Application for Robert Stalling IV, Basin and channel dredging, Pittman Creek,
Pamlico County
Dear Mr. Bodnar:
After discussions with staff, I concur with their recommendation to deny this permit application
for new dredging in a MFC designated Primary Nursery Area. The project includes dredging an
upland basin, a boat ramp within the basin, and a 12'wide x 23'long access channel into Pittman
Creek, which is designated as PNA habitat by the WC. The applicant seeks to dredge the
access channel to -3.3' NWL, although the adjoining waters are -2.2' NWL or less. Not only will
the dredging cause bottom disturbance, but with the shallow surrounding area, prop dredging is
highly likely. Maintaining nursery habitat for juvenile fish is critical to maintaining sustainable
fisheries. The division therefore objects to the proposed dredging.
I would request that you keep Shane Staples informed on the final status of the proposed project.
Thank you for the opportunity to comment on this application.
Sincerel ,
L
Stephen . Murphey, Director
NC Division of Marine Fisheries
S WM/ad
Cc: Braxton Davis, DCM Director
Dee Lupton, DMF Deputy Director
Anne Deaton, DMF Habitat Protection Manager
Shane Staples, DMF Marine Biologist
-''%'Nothing Compares.--%,�.
RECEIVED
MAR 1 2019
MP SECTION MHD
State of North Carolina I Division of Marine Fsherh5
3441 ArendNl Street I P.O. Box 769 1 Morehead City. North Camlhta 28557
252-726-7021

equipment -laden barge described in the application, it is a near certainty that prop scour and kicking will
occur outside of the dredge footprint. Even without direct contact with the bottom the thrust needed to
propel a heavy laden vessel with an outboard motors' propeller within inches of soft bottom will cause
prop dredging of the shallow soft bottom habitat. If the vessels intended to be used at this facility could
operate reliably in water depths of -2' then dredging the basin to -3.3 would seem unnecessary.
Additionally, dredging the basin to -3.3' at NWL when connecting water depths range from -1.5' to -2.0'
at NWL will disrupt the normal exchange of the water creating conditions where low dissolved oxygen or
"dead water" dead water is likely to occur.
Contact Shane Staples at [phone] or shane.staples mcdenr.eov with further questions or
concerns.
RECEIVE®
MAR 1 P019
PAP SECTION MHD
State Of North CW01oa i rAVIWM of Marine Fhherka
34QArffKW%tre0 I RUBMWA I MorrheadOry,, North Caroina 2M7
M-r2b,am

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
IuT1 3G7" l
RECEIVED
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality MAR 1 2019
w RAP SECTION MH®
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: February 28, 2019
SUBJECT: CAMA Dredge/Fill Permit Application for Robert Stallings IV, Pamlico County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 52
Silverwood Drive in Merritt, NC adjacent to a tributary of Pittman Creek Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to construct a bulkheaded upland basin, boat ramp, and dredged access channel
for personal use. The basin would be 65' by 25' and positioned 65' landward the NWL. Excavation for
the basin would include a 30' wide area of Section 404 wetlands. Final water depths are proposed to be
-3.3' NWL. A 21' by 40' wide ramp is proposed to be installed at the west end of the basin and extend
20' into the newly excavated basin. The basin and shoreline would be stabilized with vinyl bulkhead. A 4'
by 65' long staging dock would be constructed within the basin. To access deeper water within the
waterbody, a 12' by 23' channel to a depth of -2.0' is proposed to be dredged. Material from the
excavation activities would be placed onsite within a 60' by 60' spoil area. A 20' by 328'gravel access
drive would be constructed to the basin to give access to the'applicant's 26.5-acre parcel. An earlier
permit application submittal was reviewed and commented on by NCWRC (Dunn 8 November 2017).
Comments from our agency in addition to comments from the NC Division of Marine Fisheries
(NCDMF) raised concerns with regard to impacts to aquatic resources. Ultimately the permit application
was denied by the NC Division of Coastal Management (NCDCM). The current proposal has lessened the
depth and length of the access channel. The project proposal still includes new dredging within a primary
nursery area (PNA). Pittman Creek and its tributaries are classified SA HQW by the Environmental
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Management Commission, are subject to the NC Division of Water Resources' (NCDWR) Neuse Basin
Buffer Rules and are designated a PNA by the NCDMF.
The NCWRC has reviewed the permit application and is still concerned with the impacts associated with
the modified project proposal. There is no history of previously permitted or even historically dredged
projects in the area; therefore, even though the current proposal has a reduced length and depth within the
access channel from the previous proposal, it would still be a newly permitted excavation project in an
area that functions as a PNA. The NCDMF defines a PNA as "those areas in the estuarine system where
initial — post larval development takes place. These are areas where populations are uniformly early
juveniles". These designated areas and areas that function as PNAs are vital to numerous fish and
crustacean populations and should be protected. Because of this habitat's importance, the NCWRC
generally does not support new dredge activities in areas that function as PNAs.
During the previous review of the project, the NCWRC requested an alternative analysis be demonstrated
that showed avoidance and minimization of impacts to PNA, shallow water habitat, and riparian wetland
resources. We appreciate the effort by the applicant to demonstrate minimization with the shallower depth
and shorter length proposal for the access channel. However, the shallower depth is likely too shallow for
the applicant's stated purpose and would likely lead to hull scraping and prop scour during vessel ingress
and egress, especially if the vessel is drafting low due to heavy loads. Low water events due to wind
direction may further increase bottom disturbance when the area is used during those times. In addition to
the concerns of new dredging in a PNA and chronic bottom disturbance from the shallow access area, the
connecting waters of the unaltered creek bottom or even the proposed access channel are more shallow
than the proposed -3.3' basin and therefore would likely affect water quality conditions such as dissolved
oxygen within the area. Excavation allowances should not be granted under conditions that may violate
water quality standards and adversely affect habitat quality; therefore, connecting water depths should be
equal to or greater than the excavated area.
Overall the NCWRC believes the project as proposed would have adverse impacts on aquatic resources
and not be consistent with our general recommendations. We support the concerns stated by the NCDMF
to protect marine resources and continue to encourage the applicant to consider alternate access
opportunities.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.dunn(amcwildlife.org
RECEIVED
MAR �Oi4
&1P SECTION MHD

ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
February 7, 2019
MEMORANDUM. -
NORTH CAROLINA
Environmental Quality
FROM: Greg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: [phone] (Courier 11-12-09)
ores. bodnar(obncdenr.00v
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Robert Stallings IV
Project Location: 52 Silverwood Drive, Merritt NC 28556
Proposed Project: To construct a bulkhead upland basin and channel excavation for personal
use adjacent to Pittman Creek, Pamlico County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by February 28, 2019 at the address above. If you have any questions regarding the
proposed project, please contact Greg Bodnar at [phone]. 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 KAGi{EL LOV:E- AZ✓zjCK-
AGENCY Ac M RECEIVED
SIGNATURE q
DATE 2-0[ I FEB 8 2019
MP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Ofnce 1 400 Commerce Avenue I Morehead City. North Carolina 28557
252-808,2808

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Dtrecmr
MEMORANDUM
NORTH CAROLINA
EnvirorunmiaJ.Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner
Division of Coastal Management
SUBJECT: Major Permit Request by Robert Stallings, IV
DATE: October 25, 2017
RECEIVED
FEB 8 2019
MP .SECTION MH®
LUP CONSISTENCY DETERMINATION: Policy 2.1.1, 2.1.2, and 2.3.3; as well as Future Land Use Map
Classifications Conservation II, Conservation III and Conservation IV deferto CRC Rules regarding allowable
uses in AECs. The proposed dredging in PNA is not consistent with CRC Rule 15A NCAC 07H.0208(2)(A),
NCAC 07H .0208(b)(1), and 15A NCAC 07H .1505(10). Additionally, the proposed depth of the boat basin
of -3.3' NLW is deeper than the natural -2.0' NWL contour of this tributary of Pittman Creek, and is
inconsistent with 15A NCAC 07H .0208(b)(1)(F). As the Land Use Plan defers to CRC Rules, the request is
found to be consistent with the Pamlico County Joint CAMA Land Use Plan certified by the CRC on January
28, 2005, provided the applicant is granted a variance by the CRC. _
Overview: The applicant is proposing to construct for private use an upland basin, boat ramp, vinyl
bulkhead, gravel driveway excavation, and spoil disposal area adjacentto Pittman Creek at 52 Silverwood
Drive, near Merritt, Pamlico County. The 26.5-acre parcel has approximately 1,353' of continuous
shorelines along Pittman Creek. Immediate offshore water depths adjacent to the parcel range from -0.5'
to -3' nwl. Existing onsite development includes a dwelling, vinyl bulkhead, and dock. Vegetation on the
parcel is mainly native trees and shrubs.
There are Coastal Wetlands (Juncus roemerianus) and non -coastal wetlands within the project area. Areas
of Environmental Concern affected include: Coastal Wetlands (CW), Estuarine Shoreline.(ES), Estuarine
Waters (EW) and Public Trust Areas (PTA). The subaqueous substrate is soft without shell. The tributary
of Pittman Creek is approximately 190' across at this location, and is classified as SA;HWQ;NSW. The site
is classified as a Primary Nursery Area, and is closed to shellfishing. This area has not previously been
dredged. Submerged Aquatic vegetation (SAV) is not present at this location. The project is subject to the
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
252.808:2808

Neuse River Riparian Buffer Rules. There is not a defined Federal Channel or any cultural resources in the
nearby vicinity of the project area.
Anticipated impacts resulting from this project are expected to include: the proposed boat basin would
excavate 754 ft2 of high ground and 871 ft2 square feet of 404 Wetlands. The proposed access channel
would. excavate 283 ft! 6 '
f shallow bottom PNA habitat. The proposed boat ramp, vinyl bulkhead, gravel
driveway, and spoil disposal area. would fill 10,160 ftZ of high ground and 1,500 ft2 of Section 404
Wetlands. The northern terminus of the proposed bulkhead would impact 225 ftZ of Coastal Wetlands
(Juncus roemerionus)'. Traditional marine construction methodology would be utilized during the
construction of this project. Turbidity impacts would be minimized during construction activities in
.Pittman Creek based upon the proposed turbidity curtain. Future on -going maintenance of the proposed
access channefis anticipated.*'
Basis for Determination:
The project is subject to the Pamlico County Joint CAMA Land Use Plan. The Future Land Use Map (FLUM)
classifies the site as "Rural with Services", "Conservation I" (due to Estuarine Waters AEC), "Conservation
II" (due to the properties shoreline that border Estuarine Waters and Primary Nursery Area), and
"Conservation III" (due to the properties Coastal Wetlands), and "Conservation IV" (due to the properties
non -coastal wetlands). Three of the four conservation land use designations defer to CAMA use standards.
• Conservation II states: "All construction activities are prohibited in this zone, except for those
permitted under the CAMA use standards for estuarine waters and coastal wetlands."
• Conservation II states: "...the county will only support land uses and development that are
consistent with the goal and that require water access and that cannot function elsewhere. These
uses include those described in the LAMA use standards for coastal wetlandS10 T15A NCAC 07N.02051d1,.
Conservation IV states: "The county will only support development in these areas that does not
alter their unique character, that preserves their values, and that is consistent with local, state,
and federal requirements".
The following LUP policies may be applicable to this request:
2.0 Land Use Compatibility
2.1 Pamlico County strongly discourages any uses in estuarine waters that are not compatible with
protection and conservation of their biological and community values.
2.1.1 Only development associated with water -dependent uses is allowed. Examples of
appropriate development may include public access facilities, docks and piers, erosion control
structures, or other uses that are permitted by CAMA use standards' NCAc 111A: 07N.0208
2.1.2 In all cases, the design of facilities or activities will ensure that any negative impacts on
estuarine waters, during both construction and operation, are minimized and that they comply
with all local policies and the policies of CAMA use standards.
m
E �
North Carolina. Department of Environmental Quality I Division of. Coastal Management
Morehead City Office 1 400Commerce Avenue I Morehead City, North Carolina 28557
252.8082808 - - -

2.2 The county strongly supports protection and conservation of its coastal wetlands, due to the essential
role that they play in protecting water quality and providing food and habitat for fish and wildlife.
2.2.1 Pamlico County endorses the CAMA policies and use standards for coastal wetlands and the
development permit process as an effective tool for conserving coastal wetlands.
2.2.2 Through its local review requirements, the county encourages land uses and development
that are consistent with conservation of coastal wetlands. Only uses that require water access
and cannot be located elsewhere will be accepted. Examples of appropriate uses are utility
easements, piers, and docks.
2.2.3 Where acceptable uses are permitted, they must be developed in such a manner that the
impact on coastal wetlands is minimized.
2.3 The county strongly supports management of development in its estuarine shoreline to protect water
quality and the aesthetics of the waterfront.
2.3.1 The county supports the CAMA use standards"CACTIlk 11H.I'll for estuarine shorelines.
2.3.3 The county establishes a local, permanent conservation zone within 75 feet of the normal
mean high water level or normal water level for all shorelines bordering public trust waters,
estuarine waters, and any waters designated as primary nursery areas.
2.3.3.1 All development and construction activities will be prohibited in this area except
for the following uses: marinas, docks and piers, boat ramps and similar structures
providing public access; and structures to prevent erosion as described in the Public
Access policies section.
2.3.3.2 This permanent conservation zone is not intended to apply to man-made ditches,
canals, basins, lakes, impoundments, and similar constructed facilities. The policy is not
intended to apply to forestry operations that comply with "best management practices."
2.3.3.3 The conservation zone applies to all subdivisions of land after January 26, 1990,
regardless of the intended use, and to all divisions of land after the certification of this
plan.
5.0 Water Quality
5.1 The county recognizes the importance of water quality to preserving the life-style and
economic well being of its residents and property owners and will implement measures to address
both point -source and non -point source discharges in order to protect and restore water quality.
5.1.1 The county will continue to enforce a 75-foot permanent conservation zone along
its water bodies. Generally, except as allowed by policy 2.3.3, page 59, no construction is
permitted within this zone on lots or parcels divided after January 26, 1990.
RECEIVED
FEB 8 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
252.808,2808

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Robert Stallings IV
LOCATION OF PROJECT SITE: The project is located adjacent to a tributary of
Pittman Creek at 52 Silverwood Drive, near Merritt, Pamlico County.
Latitude: 35° 6'13.25"N Longitude: 76136'17.30"W
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 8/30/16
Was Applicant or Agent Present No
Photos Taken — No
PROCESSING PROCEDURE: Application Received — cc: 1/23/19
Office — MHC
SITE DESCRIPTION:
(A) Local Land Use Plan — Pamlico County (January 28, 2005)
Land Classification from LUP —Rural with Services
(B) AEC(s) Involved: ES, EW, PTA G�
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — septic
Planned -none
(F) Type of Development: Existing — dwelling, bulkhead, and dock
Planned - access channel, basin, bulkhead, and boat ramp
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
•� 1 1 1 �__ 1 1 1 � 1 �' _ -'-_a- 1 1
(A) Shallow Bottom 283 ft2
(B) High Ground 833 ft2 10,750 ft2
(C) Coastal Wetlands 225 ftZ
—71 (D) 404 Wetlands 871 ft2 1,500 ft2
(E) Total Area Disturbed: 14,462 ft2
(F) Primary Nursery Area: Yes
(G) Water Classification: SA; HQW, NSW Open: No
(H) Cultural Resources: None
Proiect Summary: The applicant wishes to construct a bulkheaded upland basin and
channel excavation for personal use adjacent to Pittman Creek, Pamlico County.

Fitld Investigation Report:
Stallings
Paee 2
Narrative Description:
This applicant previously applied for a CAMA Major Permit at this location on September 22,
2017 proposing to excavate an access channel and boat basin with a boat ramp adjacent to
Pittman Creek. That permit request was denied on March 5, 2018 primarily based upon the
Specific Use Standards found in 15A NCAC 07H.0208(b)(7).
Located within the Neuse River Basin, the property is adjacent to Pittman Creek (off Lower Broad
Creek) at 52 Silverwood Drive, near Merritt in Pamlico County. This private property is currently
developed with a dwelling, vinyl bulkhead, and dock. The adjacent riparian properties are similarly
developed.
The elevation of the high ground of the parcel is about 4' above the normal water level (nwl).
Vegetation on the parcel mainly consists of native trees and shrubs. There are Coastal Wetlands
(Juncus roemerianus) and non -Coastal Wetlands within the project area. The 26.5-acre parcel has
approximately. 1,3 53' of continuous shoreline along Pittman Creek. Immediate offshore water
depths adjacent to the parcel range from - 0.5' to —3' nwl. The subaqueous substrate is soft without
shell.
There is not a cultural resource in the nearby vicinity of the project area. This tributary of the
Pittman Creek waterbody is approximately 190' across at this location. These coastal waters are
classified as a Primary Nursery Area (PNA). Submerged aquatic vegetation (SAV) is not present at
this location. This area is closed to shellfish harvest and is classified as SA; HQW; Nutrient
Sensitive Waters. There is not a defined Federal Channel near this project area. This project area is
subject to the Neuse River Riparian Buffer Rules. This area has not been previously dredged.
Proposed Development:
The applicant proposes to construct an upland basin, boat ramp, and excavation adjacent to Pittman
Creek, near Merritt. The proposed development would take place at 52 Silverwood Drive, Pamlico
County. The proposal would be for the exclusive private use of the property owner.
The proposed boat basin would be 65' landward of the nwl and 25' wide (1,625 ftz). It would be
excavated through approximately 30' of non -Coastal Wetlands down to -3.3' NWL. A 40' long and
21' wide boat ramp is proposed at the west end of the proposed basin and would extend 20'
waterward into the basin. The excavated basin shoreline and boat ramp would be stabilized with
204' of vinyl bulkhead. This proposed bulkhead would impact 225 square feet of Coastal Wetlands
on the north side of the basin. A side -to staging dock is proposed within the basin along the south
side. This proposed dock would aid in the launch and retrieval of vessels at the proposed boat ramp.
This proposed dock would be 4' wide and 65' long.
The proposed excavation of an access channel would connect the proposed boat basin to the natural -
2.0' NWL contour of this tributary of Pittman Creek. The proposed access channel would be 23'
long and 12' wide with depths proposed to -2.0' NWL.
Brad Connell January 29, 2019 Morehead City

Field Investigation Report:
Stallings
Page 3
The proposed excavated spoil material is to be contained in a high ground area on site approximately
120' west of the proposed boat basin. The proposed spoil area would be 60' by 60'. A proposed
gravel access drive for ingress to the proposed boat ramp would be 328' long and 20' wide.
Anticipated Impacts:
The proposed boat basin would excavate 754 square feet of high ground and 871 square feet of 404
Wetlands. The proposed access channel would excavate 283 square feet of shallow bottom PNA
habitat. The proposed boat ramp, vinyl bulkhead, gravel driveway, and spoil disposal area would fill
10,160 square feet of high ground and 1,500 square feet of Section 404 Wetlands. The northern
tenpins of the proposed bulkhead would impact 225 square feet of Coastal Wetlands (Juncus
roemerianus). Traditional marine construction methodology would be utilized during the
construction of this project. Turbidity impacts would be minimized during construction activities in
Pittman Creek based upon the proposed turbidity curtain. Future on -going maintenance of the
proposed access channel is anticipated.
These waters of Pittman Creek are classified as a Primary Nursery Area and have not been
previously excavated. There is not a cultural resource in the nearby vicinity of the project area.
This project area is subject to the Neuse River Riparian Buffer Rules. The presence of
submerged aquatic vegetation was not observed. This area is closed to shellfish harvest and is
classified as SA; HQW; Nutrient Sensitive Waters. There is not a defined Federal Channel near
the project area.
Brad Connell January 29, 2019 Morehead City

1%WithersRavenet
Our People, Your Success.
January 21, 2019
NC Division of Coastal Management
Morehead City Headquarters
Brad Connell
400 Commerce Avenue
Morehead City, NC 28577
Re: 52 Silverwood Drive - Stallings Upland Boat Basin
Merritt, Pamlico County
CAMA Major Development Permit Application Submittal
WR Project #03180177.00
Dear Mr. Connell:
Robert Stallings IV requests a CAMA Major Development Permit for the Stallings Upland Boat
Ramp Basin, located on Mr. Stallings' property at 52 Silverwood Drive in Merritt, Pamlico County
(Lat: 35.103670°N; Long:-76.604607°W).
The proposed project is located on a t 26.5 acre property (PIN: 7510514126) owned by Mr.
Robert Stallings IV, which is located in the Neuse River Basin (HUC 03020204). The property
drains to Pittman Creek, a tributary to Lower Broad Creek. The Water Quality Classification for
Pittman Creek is SA;HQW;NSW and the Stream Index Number is: 27-141-6. Pittman Creek is a
coastal water, designated as Primary Nursery Area (PNA), and is subject to both CAMA jurisdiction
and Neuse River Basin Riparian Buffers.
The purpose of the proposed project is to construct an upland boat basin and ramp to provide a
permanent launch for the 30-ft pontoon skiff used to transport maintenance equipment to and
from the Swan Creek Tract, located approximately 2 miles east of the project location, for repair
and maintenance of the water control structures, levees and water pumps.
Existinrt Conditions
The subject property is currently developed with a dwelling, vinyl bulkhead and dock. The adjacent
riparian properties are similarly developed.
The elevation of the high ground of the parcel is 4' above the normal water level (NWL).
Vegetation within the project area mainly consists of loblolly pine and other native trees and
shrubs. There are coastal wetlands (Juncus roemerianus) and non -coastal wetlands (404) wetlands
within the project area. The 26.5 acre parcel has approximately 1,353 If of continuous shoreline
along Pittman Creek, most of the length of which is populated by coastal wetlands except for in
the proposed project area. Immediate offshore water depth adjacent to the project range from -
0.5' to -3' nwl. The subaqueous substrate is soft without shell.
219 Station Road, Suite 1011 Wilmington, NC 28405 RECEIVED
t: 910.256.9277 I www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington
JAN 2 3 2019
DCM-MHD CITY

52 Silverwood Drive - Stallings Boat Basin/Ramp %0 W i t h e rs R a ve n e l
Merritt, Pamlico County lip ,,, ,.,. 4 , ,
The tributary to Pittman Creek is approximately 190-ft across at the project location. These
waters adjacent to the project are classified as PNA. Submerged Aquatic Vegetation (SAV) is not
present at this location.
Proposed Proiect
The proposed project consists of the construction of a gravel driveway, bulkheaded boat basin,
concrete boat ramp and minor excavation within Pittman Creek (see Project Details). The proposed
project is necessary to provide a permanent water access to facilitate maintenance of the Swan
Creek Tract, located approximately 2-miles east of the proposed project location. The Swan Creek
Tract contains over 2,000 acres of brackish impoundments that are owned by Mr. Stallings' family
and maintained by Mr. Stallings.
The proposed project will provide a permanent dedicated launch for the 30-ft pontoon skiff to
transport equipment and fuel to/from the Swan Creek Tract for maintenance of the pumps and
structures associated with the impoundments. The Swan Creek Tract is only accessible by boat,
and therefore all equipment necessary to maintain the levees, pumps and water control devices
must be transported in and out by boat. The 30-ft pontoon skiff is customized to transport
equipment (tractors, bush hogs, bobcats, etc) to the Swan Creek Tract and navigate the small
canals in and around the impoundments. Equipment is driven onto the skiff, and transported to
the Swan Creek Tract through a small canal, where it is driven off the skiff onto the dikes/levees
for maintenance of the structures. The canals throughout the Swan Creek Tract are all
approximately 20-ft wide x 2.5-ft deep. The water pumps are refueled and maintained by
navigating the 30-ft skiff through the network of small canals and ditches to each water pump. A
larger boat would not be able to navigate the network of small canals.
The applicant believes that the proposed project is consistent with the spirit, purpose and intent
of the NCDCM CAMA Rules because the proposed activities will not adversely impact the large
presence of coastal wetlands on the property, will not result in the loss of designation of Pittman
Creek as a PNA, or alter the current use of Pittman Creek and therefore will not result in
degradation of the water quality within Pittman Creek.
Project Histo
Wetlands within the project area were delineated by staff with Herbert J. Nobles, Jr. Surveying.
Josh Pelletier with the USACE conducted a site meeting with Derrik (pock with Bobby Cahoon
Marine Construction on 12/13/17 and verified that the delineation was accurate. The wetland
limits field verified by Josh Pelletier are depicted in the Survey/Impact Maps, which have been
provided as an Appendix.
Buffer subjectivity for Pittman Creek was conceded, and therefore a formal Buffer Determination
by NCDWR was not requested.
A previous CAMA Major Development Permit application, dated 9/28/17, was submitted by
Bobby Cahoon Construction, Inc. for the subject property, which proposed a 65-ft x 25-ft boat
basin, a 40-ft boat ramp and dredging of a 92-ft long x 25-ft wide access channel into Pittman
Creek to reach -3.0' water depth. On 2/9/18, NCDWR issued a formal Denial of 401 Water
RECEIVED
JAN 23 Z019 Page 2ofU
DCM-MHD CITY

52 Silverwood Drive - Stallings Boat Basin/Ramp 1/ Withers Rave n e l
Merritt, Pamlico County 1/ ,,,,, pc.,,,,, I ,,.
Quality Certification and Buffer Authorization Certificate (NCDWR Proj #17-1298) for the
previously proposed project on the basis of there being practical alternatives to the project and
degradation of waters within Pittman Creek. Subsequently, NCDCM issued a CAMA Permit
Denial Letter, dated 3/5/18 for the previously proposed project. Mr. Stallings did not exercise his
right to formerly appeal the denial.
After the denial of the previously proposed project, Mr. Stallings enlisted the services of
WithersRavenel to design a project that meets the NCDCM CAMA Rules and criteria identified by
NCDWR and NCDCM agency staff as the basis for denial. This project represents significant
changes in design for access to Pittman Creek by completely eliminating the previously proposed
92-ft long x 25-ft wide dredged channel within the PNA and reducing the size of the boat basin.
Mr. Stallings and representatives of WithersRavenel attended a multi -agency scoping meeting that
was held on July 31, 2018 with representatives from NCDCM, USACE, NCDWR, NCWRC,
USFWS, DMLR, NOAA NMFand NCDMF. Concerns raised by the agencies'representatives were
taken into consideration for this application.
Project Purpose and Need
The purpose of the proposed project is to provide a permanent launch into Pittman Creek within
Mr. Stallings' property for his 30-ft pontoon skiff that is needed for the maintenance of the Swan
Creek Track impoundments, which is owned by Mr. Stallings' family. The proposed project will
facilitate the launching and extraction for the 30-ft pontoon style skiff used to transport
equipment and fuel for the management and maintenance of the Swan Creek Tract, a 2,000 acre
waterfowl impoundment located approximately two miles east of the project site.
The Swan Creek Tract waterfowl impoundment is located within the Atlantic Flyway, and Ducks
Unlimited has identified it as a priority habitat zone for neotropical migratory songbirds. The Swan
Creek Tract impoundment provides a critical stopover and foraging habitat for priority species to
support the North American Waterfowl Management Plan (NAWMP). Mr. Stallings maintains
approximately 2,000 acres of brackish marsh through impoundment pumps and levees to adjust
seasonal water levels to optimize water management in the impoundments to improve habitat for
waterfowl, wading birds, songbirds and a plethora of other species that utilize this area for critical
stages of their respective lifecycles. Mr. Stallings manages the Swan Creek Tract impoundments
through regular maintenance of the pumps and water control devices.
Brackish water management impoundments such as the Swan Creek Tract are a unique habitat
feature in coastal North Carolina that can no longer be constructed due to environmental
regulations. The Swan Creek Tract is only accessible by water, and therefore all equipment
necessary to maintain the levees, pumps and water control devices must be transported in and out
by boat. The maintenance of the levees and other water control devices requires heavy
equipment, including tractors, bush hogs and backhoes. Additionally, all fuel for the water pumps
must be brought in by boat as well. Mr. Stallings primarily uses a 30-ft pontoon skiff (see attached
photos) to transport necessary maintenance equipment to the Swan Creek Tract impoundments.
Additionally, the 30-ft pontoon skiff is equipped with a 200-gallon fuel tank for refueling the water
control pumps. The frequency of trips necessary to maintain the vast amount of levees, water
control structures and water control pumps on the 2,000 acre Swan Creek Tract is significant. The
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52 Silverwood Drive - Stallings Boat Basin/Ramp %/ Withers Rave n e t
Merritt, Pamlico County ,/ ,,,, P..",,.
frequency of the trips to transport equipment to/from the Swan Creek Tract ranges from twice a
month to several times a week depending on the time of year. The equipment cannot be left on
the Swan Creek Tract, as unexpected storms could cause the equipment to be flooded with salt
water, thereby ruining the equipment. So the equipment must be transported in and out of the
Swan Creek Tract on each trip.
Mr. Stallings currently launches the 30-ft pontoon skiff from property his family owns in nearby
Whortonsville, located at 182 Buxton Avenue, to transport equipment and fuel to the Swan Creek
Tract impoundments. However, the Whortonsville property no longer meets the needs for the
Stallings family and is currently for sale, and therefore may not be available for use much longer.
Mr. Stallings is not the sole owner of the Whortonsville property, and co -owns the property with
other family members. The ownership group has decided to sell this property, and Mr. Stallings
does not have majority ownership to prevent the property from being sold. Therefore, he must
provide another means of water access for the 30-ft pontoon skiff for maintenance of the Swan
Creek Tract. Due to the frequency of trips to the Swan Creek Tract required for proper
maintenance of the impoundments, Mr. Stallings needs a consistent and dedicated access to the
water. The proposed boat basin/ramp provides a permanent location for the transport of
equipment and fuel to the Swan Creek Tract impoundments, as Mr. Stallings has no intention of
ever selling this property.
Proiect Details
The proposed boat basin will be 65-ft landward of the NWL and 25-ft wide (1,550 so. The boat
basin will be excavated within approximately 30-ft of non -coastal wetlands (404) down to a -3.3'
NWL. The proposed project will not result in impacts to coastal wetlands. The boat basin will be
constructed using an excavator, and spoil will be staged onsite in a designated 60-ft x 60-ft spoil
area in uplands outside of the Neuse River Riparian Buffers near the proposed gravel driveway.
The spoil staging area will be surrounded with silt fencing to prevent sediment from escaping into
nearby wetlands. Upon completion of excavation of the boat basin, the new shoreline will be
stabilized with vinyl bulkhead sheeting along with wooden wale, pilings and wall cap. The wall will
be secured with driven dead man tieback anchors. The south side of the basin will have a 4-ft
wide wooden walkway extending the entire length of the basin (65-ft long). The wooden walkway
is necessary to aid in the launch and retrieval of the skiff at the proposed boat ramp. The pilings
and wall sheeting will be installed using an excavator with a vibratory hammer. All other work will
be done using necessary hand tools required for proper construction methods.
A 21-ft wide x 40-ft long x 5.5-inch thick concrete boat ramp will be constructed, beginning 20-ft
landward of the boat basin and extending 20-ft waterward into the boat basin. The ramp will have
steel #4 rebar installed 12-inches on center squared and will be poured using 4000 psi concrete
that will have a rough finish to promote traction and prevent slipping. The ramp will be poured in
place by installing a temporary coffer dam and continuously pumping water until the concrete has
set. The water will be pumped into the adjacent uplands in order to allow the water to sheetflow
through the vegetation to allow filtration and trapping of sediment out by the vegetation prior to
reentering Pittman Creek. The coffer dams will provide primary sediment control during pumping,
and a floating turbidity curtain installed in Pittman Creek will provide secondary protection against
sediment from entering Pittman Creek.
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52 Silverwood Drive - Stallings Boat Basin/Ramp %0 W i t h e rs Ra ve n e l
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Excavation within Pittman Creek is also proposed in order to provide a small t12-ft wide channel
from the basin to -2.0' depth within Pittman Creek to provide sufficient depth for the skiff to
navigate in and out of the boat basin. The proposed excavation will extend an average of 22.75-
ft waterward to reach a -2.0' nwl depth, where current water depth reaches -1.65' nwl. The
proposed access channel within Pittman Creek will result in the excavation of approximately 11.8
cubic yards of soft bottom. The 30-ft pontoon skiff has a draft of t10-inches when empty, and a
draft of t18-inches when fully loaded with equipment and fuel. Therefore, excavating a channel
to reach -2.0' water depth will provide sufficient water depths for navigation of the skiff when
fully loaded with equipment. The excavation of the small channel will be conducted using a long
boom excavator sitting on the shoreline. This method avoids the use of a floating dredge which
would have significant impacts to the PNA due to the turbidity caused during dredging activities.
Spoil will be deposited in the designated 60-ft x 60-ft spoil area, which will be located north of the
"T" turnaround in the gravel access driveway, located approximately 100 If west of the boat basin.
A floating turbidity curtain will be installed in Pittman Creek around the proposed excavation area
and anchored on the bank on both sides of the excavation area, encapsulating the area to be
dredged. The floating turbidity curtain will trap all disturbed sediment, thereby protecting the
water quality of the PNA within Pittman Creek. The turbidity curtain will be left in place a
minimum of two months after the excavation has been completed in order to allow disturbed
sediment to stabilize and turbidity levels return to normal in order to prevent impact to the water
quality within Pittman Creek and the PNA.
The proposed 30-ft wide x 125-ft long gravel driveway will begin at the existing driveway to the
residence, will run north to a hammerhead style turn around, then run east to the proposed
concrete boat ramp, stopping ±80 If from the NHW line of Pittman Creek. The gravel driveway
has been aligned to avoid the wetlands and Neuse River Riparian Buffers except for where a
perpendicular crossing over the Buffers is necessary to access the boat ramp/basin.
The following table provides a breakdown of the cubic yards of spoil to be excavated from each
hahitat tvne:
Habitat Type
Reason for
Square Feet
Cubic Yards
Excavation
Pittman Creek
Access Channel
283 sf
11.8 cy
(below NHW)
404 Wetlands
Boat Basin
871 sf
7.5 cy
Uplands
Boat Basin/Ramp
679 sf
10.3 c
Total
1,833 sf
29.6 cy
Proposed Impacts
The proposed boat basin would excavate 679 sf (10.3 cy) of high ground and 871 sf (7.5 cy) of 404
wetlands. The proposed access channel would excavate 263 sf (11.8 cy) of shallow bottom PNA
habitat. The proposed boat ramp, boat basin, vinyl bulkhead, gravel driveway and spoil disposal
area would permanently impact 11,204 sf of high ground and 871 sf of Section 404 wetlands.
Additionally, the installation of the tie backs for the bulkhead would result in temporary
disturbance of 1,316 sf of uplands and 1,611 sf of 404 wetlands. The northern terminus of the
wingback wall of the bulkhead has been designed to follow the coastal marsh line, thereby avoiding
impacts to coastal wetlands (Juncus roemerianus).
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52 Silverwood Drive - Stallings Boat Basin/Ramp %/ W i t h e rs Ra ve n e l
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Additionally, the proposed project would result in permanent impacts to 1,041 sf of Zone 1 and
413 sf of Zone 2 of the Neuse River Riparian Buffers for construction of the driveway and boat
basin. Please note that the 50' Neuse River Buffer will be established from the normal high water
within the boat basin as shown in the impact plans.
It is not anticipated that maintenance dredging of the proposed access channel will be required in
the near future. In the event that maintenance dredging of the proposed access channel is needed
in the future, Mr. Stallings will apply for a CAMA Permit for maintenance dredging.
The proposed boat basin design will maximize water exchange by having the widest possible
opening and shortest practical entrance canal, but it will need to be excavated to a depth of -3.3'
NWL, t1.3' deeper than the connecting water depths. Due to the small size of the boat basin, it
is anticipated that the launching and retrieval of the 30-ft pontoon skiff, along with tidal influences
during storm events, will provide additional circulation of water to prevent water quality impacts.
The proposed project will not result in turbidity impacts to Pittman Creek. The small amount of
excavation within Pittman Creek (PNA) will be constructed in a manner to avoid degradation of
the water quality within the PNA. Specifically, a floating turbidity curtain will be installed around
the proposed excavation, which will be anchored to the shoreline on each side of the excavation
area. The floating turbidity curtain will capture sediment stirred up during excavation, preventing
sediment from escaping into Pittman Creek, thereby protecting the water quality of the PNA. The
floating turbidity curtain will remain in place a minimum of two months after construction is
complete, allowing sufficient time for sediment to suspend and stabilize, further protecting the
water quality within Pittman Creek. By encapsulating the excavation area with a floating turbidity
curtain, the temporary impacts from turbidity during excavation are minimized and constrained to
only the excavation area. The proposed minor excavation within Pittman Creek will be completed
during winter, when spawning is not occurring and fish populations within the shallow waters of
Pittman Creek are at its lowest.
Pittman Creek already experiences regular boat traffic from the existing boat ramps along Pittman
Creek, as well as other recreational boaters. Therefore, the proposed project will not result in
creating new boat traffic where boat traffic does not already exist. The proposed boat basin will
be private, with a single user, and will not create high volumes of additional boat traffic that could
create turbidity issues that could affect the quality of the PNA.
Please note that there will not be any "power loading" within the boat basin which could cause
turbidity issues. The vessel to be launched/retrieved within the boat basin is a 30-ft pontoon skiff.
Power loading of the pontoon skiff could result in damage to the pontoons, and therefore is not
the method which Mr. Stallings uses to load the vessel onto the trailer for retrieval. The 30-ft
pontoon skiff will be idled through the proposed access channel and over the end of the trailer, at
which point the motor will be turned off and a winch will be used to pull the skiff onto the trailer.
The proposed activities will not result in the loss of designation of Pittman Creek as a PNA or alter
the current use of Pittman Creek, and therefore will not result in degradation of the water quality
within Pittman Creek.
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,JAN 2 3 2019
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52 Silverwood Drive - Stallings Boat Basin/Ramp
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Alternatives Analysis
Proposed Action - Construction of a Boat Basin/Ramp
110 WithersRavenel
40 Vom Su:
The proposed action consists of the construction of a 65-ft x 25-ft upland boat basin, a 21-ft wide
x 40-ft long concrete ramp, a gravel driveway to access the boat ramp/basin and minor excavation
within Pittman Creek (to create a -2.0' deep channel (approximately 12-ft wide and an average of
22.75-ft long) to reach -2.0 depth water.
The proposed boat basin/ramp, and its proposed location, was determined to be the most feasible
option with the least impacts to resources for the following reasons:
• The precise location on the property was chosen because this location has the least
amount of CAMA impact and minimal 404 wetland impacts. No coastal marsh vegetation
will be disturbed or excavated for construction of the small t12-ft wide by t22.75-ft long
channel to provide access to the -2.0' water depth within Pittman Creek.
• The subject property has a wide coastal wetland fringe along the entire shoreline, except
at the proposed project location. If the project was moved to a different location on the
property, substantial impacts to coastal wetlands would be necessary, which could
potentially have a negative impact on the PNA and fishery resource.
• The proposed boat ramp/basin allows for the equipment (tractors, bush hogs, bobcats,
backhoes, etc) to be loaded on the 30-ft pontoon skiff in a safe, controlled environment
over land. The skiff can be stabilized within the sheltered waters of the boat basin, making
loading/unloading of equipment safer than a dock and pier configuration.
• The equipment can be stored and loaded/unloaded on Mr. Stallings property, rather than
having to be trailered offsite to a public boat ramp.
• Once loaded, the skiff can navigate to the Swan Creek Tract impoundments through t2.0
miles of relatively sheltered waters of Pittman Creek, Broad Creek and Green Creek
before entering the canals within the Swan Creek Tract (see attached exhibit). This is
important considering that when loaded with equipment the skiff can be susceptible to
capsizing in turbulent waters and waves during an unexpected storm. The navigation
route from the proposed project to Swan Creek Tract prevents the need to take the skiff
into the Neuse River, which is more susceptible to turbulent conditions during and
following a storm.
• There are no publicly accessible boat ramps that provide a closer point of access for
navigation to the Swan Creek Tract. The closest publicly assessable boat ramp is the
Vandemere Boat Ramp, which is located approximately 8-miles from the nearest point of
the Swan Creek Tract.
• Various residences along Pittman Creek have existing docks and there are at least five
private boat ramps within Pittman Creek in the immediate vicinity of the project.
Currently there is regular boat traffic within Pittman Creek as a result of the numerous
docks and boat ramps. The proposed boat basin would be private, with a single user and
therefore will not create new boat traffic within the PNA where boat traffic doesn't
currently take place.
• The boat basin/ramp would be hidden by the surrounding vegetation, and would not
affect the aesthetics of Pittman Creek for the property owners along Pittman Creek or
boaters in general.
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JAN 2 3 2019
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52 Silverwood Drive - Stallings Boat Basin/Ramp 4 % W i t h e rs Ra ve n e l
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The 30-ft pontoon skiff used to transport equipment has a draft of t10-inches when
empty, and a draft of t18-inches when fully loaded with equipment and fuel. Due to the
low draft of the skiff, only minor excavation is needed to deepen a 22.75-ft long (average
length) x t12-ft wide channel from an average of -1.65' water depth to a -2.0' water depth
before reaching the natural -2.0' water depths within Pittman Creek. This will result in
the unavoidable excavation of 263 sf (11.8 cubic yards) of shallow bottom habitat within
the PNA.
The water depths within Pittman Creek are relatively stable as the tides in this area are
wind driven, and Pittman Creek experiences small tide fluctuations of only a few inches
(<6 inches) under normal/average weather conditions. During storms events, the tidal
fluctuation is much more drastic, with the water levels being significantly higher when the
wind is blowing out of the east and significantly lower when the wind is blowing out of
the west. Therefore, while the average water depth in the access channel and immediately
adjacent waters will only be -2.0' deep, this depth will be relatively stable and won't
prohibit the use of the boat basin/ramp except during extreme tidal fluctuations during a
prolonged storm event.
The 12-ft wide access channel within Pittman Creek can be excavated using a long boom
excavator which will sit on the shoreline and reach out into the water. This eliminates the
need for a floating dredge, which causes significant impacts to the water quality within
the PNA due to turbidity during dredging operations. The proposed excavation method
will protect the water quality of the PNA within Pittman Creek.
The small amount of excavation within the PNA will be constructed in a manner to avoid
degradation of the water quality within the PNA. Specifically, a floating turbidity curtain
will be installed around the proposed excavation, which will be anchored to the shoreline
on each side of the excavation area. The floating turbidity curtain will capture sediment
stirred up during excavation, preventing sediment from escaping into Pittman Creek,
thereby protecting the water quality of the PNA. The floating turbidity curtain will remain
in place a minimum of two months after construction is complete, allowing sufficient time
for sediment to suspend and stabilize, further protecting the water quality within Pittman
Creek.
• By encapsulating the excavation area with a floating turbidity curtain, the temporary
impacts from turbidity during excavation are minimized and constrained to only the
excavation area.
• The proposed minor excavation within Pittman Creek will be completed during winter,
when spawning is not occurring and fish populations within the shallow waters of Pittman
Creek are at its lowest.
• The proposed activities will not result in the loss of designation of Pittman Creek as a
PNA, or alter the current use of Pittman Creek and therefore will not result in degradation
of the water quality within Pittman Creek.
• All proposed activities within the Neuse River Riparian Buffers are "Allowable", and
therefore a variance is not required. Specifically:
o A boat ramp is specifically defined as a water dependent structure in 15A NCAC
2B .0202 (67). Therefore, the proposed boat ramp/basin is classified as
"Allowable" in the Neuse River Riparian Buffer Rules Table of Uses.
o The Neuse River Riparian Buffers impacted for the construction of the boat basin
would be re-established around the boat basin with in -kind vegetation, which is
classified as "Allowable" in the Neuse River Riparian Buffer Rules Table of Uses.
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52SilverwoodDrive - Stallings Boat Basin/Ramp ,/ WithersRavenet
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o The proposed gravel driveway to the boat basin/ramp will cross the Neuse River
Riparian Buffers at a perpendicular angle, and will impact less than 40 If of riparian
buffers, which is classified as "Allowable" in the Neuse River Riparian Buffer Rules
Table of Uses.
• The proposed project represents the least overall environmental impacts.
Alternative 1 - Construct a Pier and Platform with Slips
Agency staff suggested the construction of a pier and platform with slips in the location of the
proposed basin. The construction of a pier and platform with a slip to dock the 30-ft pontoon skiff
is neither a feasible nor practical alternative for the following reasons:
• The pier and platform would need to be constructed to be structurally sound enough to
support large equipment (tractors, bush hogs, bobcats, backhoes, etc) weighing several
thousands of pounds. Additionally, the pier and platform would need to be at least 12-ft
wide, double the maximum width allowed, in order to safely drive equipment down the
pier to the skiff, resulting in a very wide, massive pier/platform. Such a massive structure
would create a navigational hazard for boaters accessing Pittman Creek from the northeast
of the project. The aesthetics of a structure of this magnitude would not blend into the
typical landscape of Pittman Creek, creating a blight on the landscape which would most
likely be opposed by the other property owners along Pittman Creek.
• Large equipment (tractors, bush hogs, bobcats, backhoes, etc) would need to be driven
down the dock, and then driven onto the skiff over deeper, open waters. This creates a
significant safety issue, as the skiff could not be stabilized sufficiently within the deeper
waters to safely load and unload equipment. The potential for an accident resulting in loss
of equipment or even life is much greater than the proposed boat basin/ramp.
• The 30-ft pontoon skiff has a 200 gallon fuel tank used to fuel the water pumps within the
Swan Creek Tract. Transporting 200 gallons of fuel in 5-gallon containers down the pier
to the skiff is simply not feasible. Transferring 200 gallons of fuel into a tank 5 gallons at
a time greatly increases the likelihood of a fuel spill, thereby creating an unnecessary risk
of a fuel spill within the PNA of Pittman Creek.
• The construction of a 12-ft wide pier extending to deep water access would require a
CAMA Major Permit. Appendix A of the CAMA Handbook for Development specifies that
piers authorized under a CAMA Major Development Permit cannot extend more than 1/4
width of the water body. The width of Pittman Creek at the proposed location is ±175 If,
restricting the pier length to only ±44 If. In order to reach a depth of -3.0' NWL to have
deep water access, the pier would need be approximately 50-60 If in length, which exceeds
the % width restriction. There are no docks within 200 If of the property/project area for
the allowance to exceed the % width body restriction. Furthermore, the necessary 50-60
If length of the pier would still exceed 1/3 width of the water body, and therefore would
not be allowed.
• Appendix A of the CAMA Handbook for Development also specifies that piers must be six
feet wide. Piers wider than six feet may be allowed only if the greater width is necessary
for safer use, improved public access, or to support a water -dependent use that could not
occur otherwise. The width of Pittman Creek at the proposed location is only ±200 If. A
dock double the authorized width for private use in the narrow Pittman Creek is not
considered a feasible alternative.
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52 Silverwood Drive - Stallings Boat Basin/Ramp %0 W i the rsRave n e l
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• Furthermore, a 12-ft wide pier would create perpetual substantial shading, the
environmental impacts of which would be much more adverse than the proposed boat
ramp/basin/access channel. The proposed project will result in fewer impacts to the PNA,
and therefore Alternative 1 is not a feasible alternative.
Alternative 2 - Utilize Existing Public Boat Ramps
Agency staff suggested using public boat ramps in the area to launch the maintenance skiff with
equipment. Utilizing public boat ramps is not a feasible alternative. WithersRavenel reviewed the
NC Wildlife Resource Commission's online Boating Access Area Locator, located at:
https://www.ncpaws.org/wrcmapbook/baa.aspx to identify publicly accessible boat ramps in the
vicinity of the Swan Creek Tract. Based on the online Boating Access Area Locator, the two closest
public boat ramps are:
• Oriental Boat Ramp - Located at 100 Midyette Street in Oriental on Smith Creek.
o (Lat: 35.025662°N;-76.700664°W)
o Travel route is approximately 11 miles from Oriental boat ramp to the Swan Creek
Tract canal entrance (See Oriental Boat Ramp Travel Route Exhibit).
o Travel route from Oriental Boat Ramp to the Swan Creek Tract requires navigation
through Smith Creek, Greens Creek, the Neuse River, Broad Creek and Green
Creek to the Swan Creek Tract canal entrance.
Launching from the Oriental boat ramp is not a feasible alternative due to the following reasons:
• The Oriental boat ramp is located 9 miles further from the Swan Creek Tract than the
proposed project, resulting in substantially longer travel times to transport equipment and
fuel to the Swan Creek Tract.
• Navigating from the Oriental boat ramp would require navigation through t9 miles of the
Neuse River. The Neuse River is not sheltered, and during and after storms the waters
can be churned up to white capping waves resulting in frequent small craft advisories. As
previously mentioned, when loaded, the 30-ft skiff can be susceptible to capsizing in
turbulent water and waves. Due to the distance from the Oriental boat ramp to the Swan
Creek Tract, the likelihood for getting caught in an unexpected storm would be greatly
increased, creating a safety hazard for transporting equipment to/from the Swan Creek
Tract and increasing the potential for loss of the boat, equipment and human life from the
skiff capsizing.
• The hazards associated with navigating the Neuse River during choppy waters would
require that equipment be transported only during days of forecasted clear weather,
greatly reducing the ability to transport equipment to/from the Swan Creek Tract. This
will adversely affect the ability to properly maintain and service the water control
structures and fuel the water pumps when needed.
• The logistics of utilizing this public boat ramp renders this alternative as unfeasible due to:
o The Oriental boat ramp is a small facility, with only 2 ramps and 20 boat trailer
spaces.
o The 30-ft pontoon skiff cannot be transported on its trailer when loaded with
thousands of pounds of equipment (tractors, bush hogs, bobcats, backhoes, etc).
Therefore the skiff and equipment would need to be trailered separately to the
boat ramp. This would result in the use of 2 of the 20 truck/trailer parking spaces,
thereby reducing the ability for the general public to utilize the boat ramp.
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52 Silverwood Drive - Stallings Boat Basin/Ramp , W i th a rs Ra ve n e l
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o The skiff would need to be launched, and then the equipment would need to be
unloaded from the trailer and driven onto the skiff. This process of launching the
skiff, unloading the equipment from the trailer, loading the equipment onto the
skiff and parking both trucks and trailers would take close to an hour. Therefore,
1 of the 2 ramps would be tied up for close to an hour before the skiff could launch.
This process would be repeated at the end of the day when the equipment and
skiff would be extracted. The logistics of unloading/loading this type of equipment
on/off trailers and the skiff at a public boat ramp would cause major congestion
and chaos for other boaters using such a small boat ramp facility. This also creates
a public safety hazard.
Vandemere Boat Ramp - Located at 86 Griffin Road in Vandemere on Log Pond Creek.
o (Lat: 35.185744°N;-76.664074°W )
o Travel route is approximately 8 miles from Vandemere boat ramp to the Swan
Creek Tract canal entrance (See Vandemere Boat Ramp Travel Route Exhibit).
o Travel route from Vandemere boat ramp to the Swan Creek Tract requires
navigation through the Bay River, Bonner Bay and Deep Oak Gut to the canal
entrance on the northern end of the Swan Creek Tract.
Launching from the Vandemere boat ramp is not a feasible alternative due to the following
reasons:
• The Vandemere boat ramp is located 6 miles further from the Swan Creek Tract than the
proposed project, resulting in substantially longer travel times to transport equipment and
fuel to the Swan Creek Tract.
• Navigating from the Vandemere boat ramp would require navigation through t5 miles of
the Bay River. The Bay River is not sheltered, and during and after storms the waters can
be churned up to white capping waves resulting in small craft advisories. As previously
mentioned, when loaded, the 30-ft skiff can be susceptible to capsizing in turbulent water
and waves. Due to the distance from the Vandemere boat ramp to the Swan Creek Tract,
the likelihood for getting caught in an unexpected storm would be greatly increased,
creating a safety hazard for transporting equipment to/from the Swan Creek Tract and
increasing the potential for loss of the boat, equipment and human life from the skiff
capsizing.
• The hazards associated with navigating the Bay River during choppy waters would require
that equipment be transported only during days of forecasted clear weather, greatly
reducing the opportunities to transport equipment to/from the Swan Creek Tract. This
will adversely affect the ability to properly maintain and service the water control
structures and fuel the water pumps when needed, possibly delaying maintenance for
weeks at a time depending on the time of year.
• The logistics of utilizing this public boat ramp renders this alternative as not feasible due
to:
o The Vandemere boat ramp is a small facility, with only 2 ramps and 30 boat trailer
spaces.
o The 30-ft pontoon skiff cannot be transported on its trailer when loaded with
thousands of pounds of equipment (tractors, bush hogs, bobcats, backhoes, etc).
Therefore the skiff and equipment would need to be trailered separately to the
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52 Silverwood Drive - Stallings Boat Basin/Ramp 1/ W i th a rs Ra ve n e t
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boat ramp, resulting in at least 2 trucks/trailers traveling to the boat ramp. This
would result in the use of at least 2 of the 30 truck/trailer parking spaces, thereby
reducing the ability for the general public to utilize the boat ramp.
The skiff would need to be launched, and then the equipment would need to be
unloaded from the trailer and driven onto the skiff. This process of launching the
skiff, unloading the equipment from the trailer, loading the equipment onto the
skiff and parking both trucks and trailers would take close to an hour. Therefore,
1 of the 2 ramps would be tied up for close to an hour before the skiff could launch.
This process would be repeated at the end of the day when the equipment and
skiff would be extracted. The logistics of unloading/loading this type of equipment
on/off trailers and the skiff at a public boat ramp would cause major congestion
and chaos for other boaters using such a small boat ramp facility. This also creates
a public safety hazard by having large equipment moving around a public facility.
Finally, there are no privately owned existing boat ramps in the area that are open for public use.
The Paradise Cove Marina, located on the south side of Broad Creek, approximately 2.0 miles
south of the project, historically allowed non -owners to utilize the boat ramp for a small fee.
However, the property was recently sold to a new owner who has closed the ramp to the public.
Additionally, there are no known existing boat ramps on private residential lots that are available
for lease to launch the 30-ft pontoon skiff loaded with equipment as an alternative. The residential
lots containing existing boat ramps are not of sufficient size to handle the logistics associated with
bringing in multiple trucks/trailers with the skiff and equipment and loading/offloading within
someone's yard. Therefore, there are no private boat ramps in the vicinity open to public use that
could be used to launch the 30-ft skiff, and the use of another citizen's privately owned existing
boat ramp is not a feasible alternative.
Altemative 3 - No Action
The No Action Alternative is not feasible for the following reasons:
• The current launch utilized for transport of equipment and fuel to the Swan Creek Tract is
located on property in nearby Whortonsville, which is currently for sale. As such, once
the property is sold, Mr. Stallings will no longer have access to the boat ramp.
• As previously specified, the use of the public boat ramps at Oriental and Vandemere are
not a feasible alternative for water access to transport the equipment and fuel necessary
to maintain the Swan Creek Tract impoundments. Therefore, Mr. Stallings would not have
a feasible location to transport equipment to and from the Swan Creek Tract
impoundments.
• Without a permanent dedicated water access for the 30-ft skiff, Mr. Stallings will no longer
be able to conduct the necessary maintenance of the Swan Creek Tract impoundments.
As previously mentioned, construction of brackish managed impoundments is no longer
allowed due to current environmental regulations. Therefore, if the levees, water control
structures and water pumps are not properly maintained, the impoundments will fall into
disrepair and ultimately fail, resulting in the loss of function and historic use of the Swan
Creek Tract as a waterfowl impoundment, and ultimately the loss of very unique and
important waterfowl habitat.
RECEIVED
JAN 2 3 2019 Page 12 of 14
DCM-MHD CITY

52SilverwoodDrive - Stallings Boat Basin/Ramp ,/ WithersRavenel
Merritt, Pamlico County 1/ o , v,�,,,,. ,,,,,,,,,, .,
Mitigation
Proposed permanent 404 wetland impacts (2,482 sf) are less than 0.10 acres, and therefore
wetland mitigation is not proposed.
All proposed activities are classified as "Allowable" in the Neuse River Basin Riparian Buffer Rules
Table of Uses, and therefore buffer mitigation is not required.
In conclusion, the project proposes the least environmental impact to estuarine resources while
accomplishing the needs to service the Swan Creek Impoundments. The project has been sited
and designed to avoid significant adverse impacts on the PNA and coastal wetlands and to not
violate state water quality standards.
Adiacent Property Owner Notification.
The CAMA Major Development Permit application and Adjacent Riparian Property Owner
Statement was submitted to the two adjacent riparian property owners, Judy McLawhorne and
Don & Nancy Nobles via certified mail. The signed return receipt from Ms. McLawhorne has been
provided with this application.
The USPS attempted to deliver the notification to Don & Nancy Nobles on 10/22/18 but there
was not a recipient available to sign for the package. A second notice was left at the residence
notifying them that the package was to be picked up at the Pine Tops Post Office. The package
was never picked up, and after the require 14 day holding period, the USPS processed the package
for returned to sender on 11/9/18. We are providing the Certified Mail Receipt, along with a copy
of the unclaimed/returned Adjacent Property Owner Notification Packet for Don & Nancy Nobles.
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely
WithersRavenel
Troy Beasley
Senior Environmental Scientist
RECEIVED
JAN 2 3 2019
Page 13 of 14
DCM-MHD CITY

GRAPHIC SCALE
0 250 s00
1 inch = 500 ft.
�4t
SILVERWOOD RrD
BOUNDARY
L1.
PROJECT LOCA
f
©ryl
Trt
II V 01/21/19 II
II 52 SILVERWOOD DRIVE III I
I �� WithersRavenel
S IALLINGS BOAT BASIN/RAMP USGS QUAD (201 F) -BROAD CREEK a� E „ IPla� sIs e ,
MFRRIII NAMI I(0(OUN IV NORIIIMANOI INA

.y.
..
r
f
Benton ( ;
�Farm j
f A#wt f
1 _
tonmille
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Point
h
Butch
Point
I
Skate Point Skate
Pont
1
t�1Rf EK Rp I-
h
N
PROJECT SITE
1tMroa�
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Y f(`
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•
Grace Tonney
Point Hill
Point Cedar
Point
ono �
Gum
Thicket
i�gQpO
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GRAPHIC SCALE
0 1000 2000
1 inch - 2000 ft.
r
r
+
+II
I o
I �
I �
I �
A U
I 2 m
0 01 /21 /19
52 SIWERWOOD DRIVE
STALLINGS BOAT BASIN/RAMP 11SGS QUAD (2016) 13KOAD CRI EK
MFNNIII YAMII(p Cd ((JIY 40R111(AN�tn ;! WithersRavenel

�J
A' '
HN
i2 SILVERWOOD DRIVI
SIALLINGS BOAT BASIN/RAMP
[IMIT1 P.LI000OUNIY N)NIIiCARC
GRAPHIC SCALE
•C' 0 250 500
R
1 inch = 500 ft.
W a
+ H N
PROPERTY BOUNDARY
1
1-iN
Wa
�HN.
VN�N
_ ,1
HNI
H N Y}t
P AMI 1('0 CO. SOIL SURVEY (1987,
SHEET 9
01 /21 r 19
WithersRavenel
�� e. ,ers l ylznners l wivlyo,s

%0 WithersRavenel
OilOur People. Your Success.
52 Silverwood Drive - Stallings Upland Boat Basin - Merritt, Pamlico Co.
Photo 1: View of alignment of boat basin and proposed excavation to reach -2.0 water
depth, facing north towards Pittman Creek.
Photo 2: View of alignment of boat basin and proposed excavation to reach -2.0 water
depth, facing south from Pittman Creek.
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 www.withersravenel.com I License No. C-0832
Asheville I Cary Greensboro I Pittsboro I Raleigh I Wilmington

10WithersRavenet
Our People. Your Succew
Photo 3: Photo of 30' skiff used to transport equipment and fuel to the Swan Creek Tract.
View of skiff in canal at Swan Creek Tract.
Photo 4: View of 30' skiff used to transport equipment and fuel to the Swan Creek Tract.
Note that equipment is driven on and off the front of the skiff for transport.
Page 2 of 2

N f
Bodnar, Gregg
From:
Connell, Brad
Sent:
Wednesday, February 06, 2019 1:45 PM
To:
Beasley, Troy
Cc:
[e-mail]; Bodnar, Gregg; Brownlow, Roy
Subject:
RE: [External] Re: APO Stallings letter
Importance: High
Mr. Beasley,
The rule requirement has been met regarding proof of the APO notification. That letter wasjust an FYI.
Brad Connell
Environmental Specialist I
NC Division of Coastal Management
httP:Hportal.ncdenr.org/web/cm/dcm-home
[phone] ext. 214
[e-mail]
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.
-----Original Message -----
From: Beasley, Troy <[e-mail]>
Sent: Wednesday, February 06, 2019 12:28 PM
To: Connell, Brad <[e-mail]>
Cc: [e-mail]; Bodnar, Gregg <[e-mail]>; Brownlow, Roy
<roy. brown low@ ncden r.gov>
Subject: [External] Re: APO Stallings letter
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Brad,
Thanks for the letter.
As I mentioned previously, we sent the notification via certified mail twice, and it went unclaimed. I even spoke with the
Post Master at the Pinetops post office to see if the address was vacant and they confirmed that the house was
occupied. So I'm not sure why both packages were never claimed.
What other options for notification would be acceptable to NCDCM? If Mr. Stallings was able to go to the Nobles' home
in Pinetops, hand deliver the notification and get them to sign a document acknowledging they've received it, would
that be acceptable?

Mr. Stallings is happy to explore other options for getting the adjacent property owners notification to the Nobles, but
need clarification from NCDCM on what other methods/documentation for notification is acceptable to address the
issue in your letter.
Thanks for your help.
Troy Beasley
Sent from my iPhone
On Feb 5, 2019; at 4:42 PM, Connell, Brad<[e-mail]<maiIto: [e-mail]>> wrote:
Gentlemen,
Please see the attached letter....
Brad Connell
<APO Stallings letter.pdf>

%/ WithersRavenel
,/ Our People. Your Success.
CAMA MAJOR PERMIT
APPLICATION FORMS
RECEIVED
JAN 2 3 2019
DCM-MHD CITY

52 Silverwood Drive - Stallings Boat Basin/Ramp
Merritt, Pamlico County
%0 WithersRavenel
Attachments:
• CAMA Major Permit Application Forms
o MP-1 - Applicant Info
o MP-2 - Excavation and Fill
o MP-3 - Upland Development
• Adjacent Property Owner Notification Certified Mail Return Receipts
• Agent Authorization
• Property Deed
• Project Area Exhibit
• Existing Skiff Launch Location Exhibit
• USGS Quad
• Pamlico County Soil Survey
• Photographic Documentation
• Oriental Boat Ramp Travel Route
• Vandemere Boat Ramp Travel Route
• Contractors Drawings
• Survey/Impact Maps
• Proposed Water Depth Exhibit
RECEIVED
JAN 2 3 2019
DCM-MHD CITY
Page 14 of 14

DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary ApplimW Landowner trdonnedon
Business Name
Project Name (if applicable)
WA
WA
Applicant 1: First Name MI
Last Name -
Robert L
Stallings IV
Applcant 2: First Name
MI
Last Name
N/A
WA
N/A
If additwal applicwft please affach an additional page($) weh names Nsfed _-_—
Mailing Address
PO Box
city
State
WA
12327
New Bem
NC
ZIP
Country
Plane No.
FAX No.
28561
USA
252-671-5959 am.
252-633-3125
Street Address (r dfrerent hom above)
City
State
ZIP
WA
WA
WA
N/A -
Email
[e-mail]
2. AgeWMCon&wtor Informadon
Business Name
Withersravenel,Inc
Agenu Contractor 1: First Name
MI
Last Name
Troy
H
Beasley
Agent/ Contractor 2: First Name
MI
Last Name
N/A
WA
WA
Mailing Address
PO Box
city
stew
219 Station Road, Suite 101
WA
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
26g05
910-509-8512
ext.
910-622-0122 ext.
FAX No.
contractor
WA
WA
Street Address (d diluent hom above)
City
State
ZIP
N/A
WA
WA
WA -
Email
[e-mail]
<Form continues on back>
RECEIVED
252-808-2808 1.888-e RCOAS7 oastalmanagertJLlVl. 2_t
2019
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 5) APPLICATION for
3. Project Locedon
County (an be multiple)
Pamlico
Subdivision Name
N/A
Phone No
N/A - ext
Street Address
52 Silverwood Drive
City
Merritt
a In which NC river basin is the project located?
Neuse River (HUC: 03020204)
c. Is the water body identified in (b) above, natural or marinade?
®Natural []Manmade ❑Unknown
e Is proposed work within city limits or planning jurisdiction?
®Yes ❑No
& Site D"Clipdon
a. Total length of shoreline on the tract (R)
1353 if
c Size of individual [Ws)
26.5 acres,
(ff many let sizes, please attach additional page with a list)
Major Development Permit
State Rd. !
1328
Slate Zip
NC 28555 -
Lot No (s) (if many, attach additional page with list)
N/A,
b. Name of body of water nearest to proposed project
Pittman Creek (Stream Index: 27-141-6)
d. Name the closest major water body to the proposed project site
Broad Creek
If If applicable, list the planning jurisdiction or city limit the proposed
work falls within
Pamlico County
b. Sae of entire tract (sq.tt )
1,154,340 sf
d. Approximate elevation of tract above NHW (normal high wafer) or
NWL (normal water level)
4.0' 0NHWor0NWL
e Vegetation on tract
Vegetation within the project area mainly consists of loblolly pine and other native trees and shrubs. There are coastal
wetlands (Juncos roemerianus) and non -coastal (404) wetlands within the project area.
f. Man-mWe features and uses now on tract
Single family dwelling, gravel driveway, dock and seawall
g Identify and describe the existing land uses addacen to the proposed project site
The land use adjacent the project site consists of undeveloped woodlands.
In. How does local government zone the tract?
No zoning in this area.
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, K applicable)
[]Yes []No ®NA
Is the proposed activity part of an urban waterfront redevelopment proposal?
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy.
If yes, by whom?
I. is the proposed project located in a National Registered Historic District or does it involve a
National Register listed or eligible property?
<Form continues on next page>
[]Yes ®No
®No ❑NA
RECEIVED
JAN 2 3 2019
252.805.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net
DCM-MHD CITY

Form DCM MP-1 (Page 3 of 5)
APPLICATION for
m (i) Are there wetlands on the site?
(it) 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
Convetional septic system
Describe existing drinking water supply source
County municiple water
p. Describe existing storm water management or treatment systems
WA - low density development
& Activities and Impacts
Major Development Permit
public, or private use? Llcommerciai Ur
IRPrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed project consists of the construction of a gravel driveway, bulkheaded boat basin, concrete boat ramp and minor
excavation within Pittman Creek. The proposed project is necessary to provide a permanent water access to facilitate
maintenance of the Swan Creek Tract, located approximately 2-miles east of the proposed project location. The Swan Creek
Tract contains over 2,000 acres of brackish impoundments that are owned by Mr. Stallings' family and maintained by Mr.
Stallings.
The proposed project will provide a permanent dedicated launch for the 30-ft pontoon skiff to transport equipment and fuel
to/from the Swan Creek Tract for maintenance of the pumps and structures associated with the impoundments. The Swan
Creek Tract is only accessible by boat, and therefore all equipment necessary to maintain the levees, pumps and water
control devices must be transported in and out by boat. The 30-ft pontoon skiff is customized to transport equipment
(tractors, bush hogs, bobcats, etc) to the Swan Creek Tract and navigate the small canals in and around the impoundments.
Equipment is driven onto the skiff, and transported to the Swan Creek Tract through a small canal, where it is driven off the
skiff onto the dikesilevees for maintenance of the structures. The water pumps are refueled and maintained by navigating
the 30-ft skiff through the network of small canals and ditches to each water pump. A larger boat would not be able to
_navigate the network of small canals.
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.
Basin to be excavated and bulkhead/dock to be installed using an excavator. Proposed 12-ft wide x t23-ft long channel to
access -2' nwl depth will be excavated using an excavator sitting on the shoreline. All excavated material for the boat basin,
ramp and access channel will be stored in a 60-ft x 60-ft spoil area located adjacent to the project area in uplands, which is
located north of the "T' turnaround of the gravel access driveway, approximately 100 if west of the boat basin excavation
area. All equipment will be stored on land adjacent to the site for the duration of the project.
The proposed excavation conisls of the following:
Access Channel within Pittman Creek - 283 sill 1.8 cubic yards
Boat Basin - 404 Wetlands - 871 sf/7.5 cubic yards
Boat Basin/Ramp - Uplands -1,833 ef29.6 cubic yards
d. List all development activities you propose
Excavate the boat basin/ramp, excavate a small access channel, install bulkhead, install boat ramp, install gravel driveway
proposed activities maintenance of an existing project, new work, or both?
is the approximate
land area resulting from the proposed project?
new work
0.35 ❑Sq. Ft or ®Apes
252.808.2808 :: I.888.4RCOAST :: www.nccoastalmanagement.n"JAN 2 3 2019
DCM-MHD CITY

Form DCM MP-1 (Page 4 of 5)
APPLICATION for
g. Will the proposed project encroach on any public easement,
that the public has established use oR
h. Describe location and type of edsting and proposed d"1111i
WA
wastewater or stormwater Do oacnargeo Into
accessway or omer area
of the state
If yes, will this discharged water be of the same salinity as the receiving water?
I More any mitigation proposed?
If yes, attach a mitigation proposal
<Form continues on backs
Major Development Permit
❑Yea []No ONA
6. AddlUonallnformadon
In addition to this completed applcetion form, (MP-1) the following items below, if appNcable, must be submitted in order for the application
package to be complete. Items (a) — Mare always applicable to any major development application. Please consult the applcadon
instruction booklet on how to property prepare the required items below.
a Aprojectnarrative _
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to state. Please give the present status of the
proposed project Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed
C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the sae.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed relum 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 lion and Nancy Nobles Phone No. 262-B27-2709
Address 3W8 NC 111 South. Pinreiops, NC 27864
Name Jane McLawhome Phone No. 252-633-1345
Address 5909 NC Hwy S , New Barn, NC 28562
Name WA Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennNtee, and issuing dates.
67780 CAMA - 08/30/2016
h. Signed consultant or agent authorization form, I applicable.
I. Wetland delineation, if necessary
j. A signed AEC hazard notice for projects in oceanfront and Intel areas. (Moat be signed by property owned
AN
252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net y
DCM-MHD CITY

Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
x A statement of compliance with the N C Environmental Po icy Act (N CGS 113A 1-10). if necessary B the project invohros expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. CorMaWn and Permission to Enter on Land
I understand that any permit issued in response to this application vai 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 01121l2019 Print Name _Troy Beasley - WithersRavenel - Authorized Agent_
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
RECEIVED
JAN 2 3 2019
DCM-MHD CITY
252-808-2808 :: I.888.4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
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.
.....:r.,, r.ei,.,., rho..,,,. of nmmsed excavation and/or fill activities. All values should be given in feet.
Other
Access
Rock (excluding
Channel
Canal
Bost Basin
Boat Ramp
Rock Groin Breakwater shoreline
(NLW or
stabilization
NWIL)-
85
40
Lerpfh
t23
--t
Width
12
25
21
Avg. Existing
-1.65
+2.7
+2.7
NA
NA
Depth
Final Project
_2.0
-3.3
+2.7 to -3.3
NA
NA
Depth
1 EXCAVATION °tea a�"0" 1Ot apab�
a. Amount of material to be excavated from below IN or NWL in b. Type of material to be ex avatad
cubic yards. din, sand and muck
9.75 cubic yards
c (i) Does the area to be excavated include coastal wetlands/marsh it High -ground excavation in cubic yards
(CW). submerged aquatic vegetation (SAV). shell bottom (SB). 150 cubic yards
or other wetlands (WL)? If any boxes are checked. provide the
number of square feet affected.
❑CW — ❑SAV ❑SB
OWL 471 []None
(ii) Describe the purpose of the excavation in these areas:
Installation of boat ram and basin
2. DISPOSAL v/ r�c�+vw►eu aiv+.�.��.�
e. Locat on of disposal area.
Adjacent to the projed area (see drawing) in upland area
outside of the Neuse River Buffers and undistrubed
wetlands
c (i) Do you claim title to disposal area?
®Yes LINO ❑NA
(if) If no, attach a letter granting permission from the owner
e (i) Does the disposal area include any coastal wetlands/marsh
(CW)submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)7 If any boxes are checkedprovide the
number of square feet affected.
❑CW — ❑SAV ❑SB
❑WL — ®None
(ii) Describe the purpose of disposal in these areas:
NIA
area
60ftx60it
❑ TWs section not applicable
d. (i) Will a disposal area be available for future maintenance?
®Yes []No ❑NA
(if) If yes, where?
I (i) Does the disposal include any area in the water?
❑Yes ONO ❑NA
(ii) If yes, how much water area is affected?
NIA
RECEIVED
IAAI n @ 9M{9
282.808.2808 :: 1.888-114COAST :: www.nccoastalmanagement.nat revised: 12/26/06
0CM-MHD CITY

Forth DCM MP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION
(If development is a wood groin, use MP-4 — ShucMmx)
a Type of shoreline stabilization:
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑O#W..
c. Average distance waterward of NHW or NWL Bulkhead willbe
installed landward of the NHW line
is Type of stabilization material:
Vinyl sheet pile and wooden timber framing
❑This section root applicable
b Length: 204 If
Width. 12 If
d Maximum distance waterward of NHW or NWL' 0 fit
f (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ONO ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information
N/A
g Number of square feel of fill to be placed below water level. h Type of fill material.
Bulkhead backfill0 Riprap 0 N/A
Breakwater/Sill0 Other O_
i Source of fill material.
N/A
OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a @ Will fill material be brought to the site?
ff yes,
(ii) Amount of material to be placed in the waMr
(lii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Excavated material will be mounded up within the spoil area and
will be surrounded by silt fencing.
c. (i) Will navigational aids be required as a result of the project?
[]Yes NNo ❑NA
(ii) If yes, explain what type and how they will be implemented
NIA
NThis section not applicable
(i) Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL NNone
(ii) Describe the purpose of the fill in these areas:
b What type of consbucion squ(prierd will be used (si . dragiine.
badkhoe, or hydraulic dredge)?
excavator
d, (i) Will wetlands be crossed in transporting equipment to project
site? NYes ❑No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts,
Access for the excavation of the access channel will occur within
the footprint of the boat ramp/basin, which will be ultimately
permanently impacted During construction, temporary wood
logging mats and silt fencing will be used to prevent disturbance
to the unimpacted wetlands.
RECEIVED
252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12126106

01/21/19
Date
52 Silverwood Drive - SteHinga Upland Boat Basin
Project Name
Robert L Stallings, IV
Applicant Name
Applicant SWOO
RECEIVED
JAN 2 3 2019
DCM-MHD CITY
252-808-2608 :: 1-888.4RCOAST :: www.nccoe;tslmana smant.mt revised: 12128/08

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
[GENERAL UPLAND DEVELOPMENT
a Type and number of buildings, facilities, units or structures b Number of lots or parcels
proposed 1
Gravel driveway - dimesions 328 If long z 20 If wide (6150 — --
sf)
c Density (give the number of residential units and the units per
acre)
N/A
e. If the proposed project wig disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
[]Yes ❑No NNA
(ii) If yes, list the date submitted:
d Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
0.35 acres (15,246 sf)
f List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
marl/granite gravel stone
g Give the percentage of the treat within the coastal shoreline AEC to In Projects that require a CAMA Major Development Permit may also
be covered by impervious and/or built -upon surfaces, such as require a Slormwater Certification.
pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of
or parking. Water Quality for review?
0.04 % ®Yes []NO ❑NA
i Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
0.75%
j. Describe proposed method of sewage disposal.
N/A
(ii) If yes, list the date submitted: _6/8118
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes NNo ❑NA
If yes, attach appropriate documentation.
I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater
state (e.g., surface runoff, sanitary wastewater, industrial/ design?
commercial effluent, 'wash down' and residential discharges). ❑Yes NNo ❑NA
surface runoff If yes, attach appropriate documentation
RECEIVED
JAN 2 3 2019
DCM-MHD CITY
252-808.28082 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12126106

Form DCM MP-3 (Upland Development, Page 2 n` .,
in. Describe proposed drinking water supply source (e.g, well,
community, public system, etc.)
WA
o When was the lot(s) platted and recorded?
12/27/2007
01/21/19
Date
52 Silvenvood Drive - Stallings Upland Boat Basin
Project Nome
Robert L. Stallings, IV
Applkk;annt Name
ApplksM Sig hums
n (i) Will water be impounded? ❑Yes ®No ❑NA
(u) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
[]Yes ❑No ®NA
RECEIVED
JAN 2 3 2019
DCM-MHD CITY
252-808.2808 :: 1-888-4RCOAST :: www.necomtal"nayemiant.nat revised: 12/26106

.4,
.4,
.4,
N34'23'47"W \
99.46
\N33'58'5Q"W
111.53
N 31'
N26'46'40"W
N22'57'31 "W
N20'48'02"W
N19'35'03"W 1
y
o
v N19'37'57iN
z
NI9'36'32"W
P6 "I FESSI
L-2703 ! 0�:
Sua��'nc
SURVEYED
ROBEW L STAWNGS N
TRACT BOUNDARY WITH PROJECT LOCATION
CURRENT OWNER: ROBERT L. STALLINGS IV
PROPERTY ADDRESS: 52 SLIVERWOOD DRIVE
MERRITT NO 28556
DEED REFERENCE: DEED BOOK 574 PAGE 487
MAP REFERENCE: PLAT CAB.A SL.166-13 -
PLAT CAB.A SL.169-17
I TAX PARCEL NUMBER: L08-37-3
1 NUMBER TWO TOWNSHIP PAMLICO COUNTY NO
HERBERT J.NOBLES,JR.
PROFESSIONAL LAND SURVEYOR - L-2703
186 DAMPEN ROAD
BAYBORO, NORTH CAROLINA 28515
I 252 626-8634
SCALE: 1"-200' PROJECT NO. 2016-29 DATE: Do o1 2o17
SHEEP 1 OF 5
147-20
PARCEL /:LD9-12
ROBERT L STAWNGS, N
26.047 ACRES TOTAL
EXISTING
HOME SITE
N2912'12"W 5.5
GRAPHIC SCAB 4 JANE P. NCLAWHORN
5009 NC 17 HIM S
NEW KERN NC 28552
DEED BOOK 519 PAGE NI
0 50 100 150 200 400 TAX PARCEL #: L091-122

NORTHEAST CORNER OF BOAT RAMP
NORTHING: 501301.38 SFT.
EASTING: 2716362.70 SFT.
LATITUDE: 35'06'13.208878 N
5 NC GRID COODINATES
S TO CAMA 4
39'E 40.49'
TO NORTHEAST
LEDGEND: (-X.X) - DEPTH BELOW NORMAL WATER LEVEL
ALL DISTANCES SHOWN ARE HORIZONTAL
GROUND MEASUREMENTS.
•(-3.0) CONSTRUCTION A.E.C. PRE-
- — . WETLAND LIMITS
--- COASTAL MARSH LIMITS
MARY THOMAS GRADY
3604 BARONS WAY
NM RFRN Nn 'JAFAn
•(-3.1)
•(-3.1) PITTMAN CREEK `
•(-3.0) 26.70.
TING T�I(q-tt3, CURINN 3.J) •(-3.1) •(-2.8)
•�12>}B"29 12.23'
CAAMA 3
SPOIL DISPOSAL 'r. 64�CAMA 2 X
AREA •� $A7• i�
/ � i .If.L ,OA 9ti �• /
MARSH
Nbgi i �� A. \ CAIAA 1
� \$. R.3p �
COURSE BEARING DISTANCE
511s2 A" §Lj L-1 S3744'080E 6.98'
,ry . �^• 0+2�1L-2 S5646'30'E 14.06' ,8
p L-3 S06'05'55'E 6.61,
L-4 NOT57'15'E 25.38'
o g 0� IS L-5 N49'14'17'E 66.94'
O1 L-6 N40'16'38'E 86,77'
r I Al L-7 N3752'15'W 24.13'
L-8 N5348'41'W 32.96'
°-° lot L-9 N06'29'55'IW 49.95'
CPAP14C SCALE
to
0 45 50 120 Z
N
EXISTING HOME SITE
18.81
•(-3.3)
oFessi
iP28. 2u/�X �'2y
'- SEAL
L-2703 ;
EyO. ]Q':
PITTMAN CREEK
R08M L STAWOM N
PROJECT LOCATION WITH SOUNDINGS
CURRENT OWNER: ROBERT L STAWNGS IV
PROPERTY ADDRESS: 52 SLIVERW00D DRIVE
MERRITT NC 28556
DEED REFERENCE: DEED BOOK 574 PAGE 487
MAP REFERENCE: PLAT CABA SLI66-13 -
PLAT CABA SL169-17
TAX PARCEL NUMBER: LOB-37-3
NUMBER TWO TOWNSHIP PAMUCO COUNTY NO
HERBERT J.NOBLES,JR.
DGnL QQInNAI I sun C IAVL — I —97ni
BAYBORO,
SCALE: 1"- 60'I PROJECT NO. 2016-29
SHEET 2 OF 5

COURSE BEARING DISTANCE PITTMAN CREEK
L-1 S3744'08'E 6.98, �� •(-0.6) •(-3.0) pH
L-2 S56'48'30'E 14.08' CIO
6.61 L-4 NO3'57'S15'E 25.38' I �lL"AIM%5 � t T6S0,'S •(-3.3)
L-5 N49'14'17'E 66.94' r, J Ge p54'1'+ +1•
L_8 N4(716'38'E 86.77' �) N66 49.p9 F'•(-3.1)
L-7 N3752'15'W 24.13' -+
L-8 N53'45'41"W 32.98' of \B L-I _1 5 •(�2.8)
L-9 N06.29'55"W 49.95' `i+l T-01 l 8' L-
N
�-� 1.84) 11.5
2.41' 88'05'42'W 18.81'
LA A
�6y0 ytA o 0+ q0 D 64!y'1 !� r�i •(-2.5)
FORROPOSEDS TIED 5k2SITE�E g49+ S /Lr"2 •-3.2 (//j//�J
EXCAVATIONtA
SPOIL DISPOSAL AREA ij49+i �p49,'b
V aY
$�� .97) � P 56636y9 ary,�•i°' / F 4OFESS/c
mooQo (2.e7) L SEAL g
e sZ1 .zvC�`�i 1st L-2703 s
3D. GRAPHIC SCALE
10 20 30 w 60 ���r� ••MV
51+.'411E y5 VICINITY SKETCH SURVEYED FOR
W/ ROBERT L STAWNGS N
SOUNDINGS AND GROUND ELEVATIONS
�4� I CURRENT OWNER: ROBERT L STALUNGS IV
T PROPERTY ADDRESS: 52 SLNERWOOD DRIVE
J 1 MERRITT NC 28556
0
Al DEED REFERENCE: DEED BOOK 574 PAGE 487
n n Io N RRffT MAP REFERENCE: PLAT CAB.A SL166-13 -
PLAT CABA SL169-17
TAX PARCEL NUMBER: LAB-37-3
ro NUMBER TWO TOWNSHIP PAMUCO COUNTY NC
o HERBERT J.NOBLES,JR.
_w >. PROFESSIONAL LAND SURVEYOR - L-2703
186 CAMPEN ROAD
BAYBORO. NORTH CAROLINA 28515
�- 1 1 PROJECT NO. 2010-29
EXISTING HOME SITE 1

1 (2.63)
•1-3.1)
3� 46 7!�o 26) AL MARSH
\U' 12. BULKHEAD .[-.11)
4
�
. •i1 1�� I p r
1 1 rr rt.,
�• � , , , ;,,� :..ft� ear is
3
2.92)�i?:
2.97)
0
•
g� a f( (2,87)
/N
/
LEDGEND
D (404) LIMIT —'/�)
/
\\$•
C AL MARSH LMIT — — — V
i�
USE BU
ZONE 1
EUSE BUFFER ZONE 2
IMDS OF DISTURBANCE LLD)_
N ~4• \j
(IVE TOD TIE BALKS)
DRIVE TO RAMP INFUSE
�A� .7
� .. .Q •
FES S7p�r`,./� i�'
INFUSE BUFFER ZONE 1..(201 SO FTJ..
�Y O%�0 •},
DRIVE TO RAMP NEUSE
NEUSE BUFFER ZONE 2 .(413 SO.FT.)..
�2rLQ Z�-Z0�87�.r�f I
DRIVE TO RAMP OUTSIDE
7 SEAL I
NEUSE BUFFER .......(6150 SO.FT.)..
r
CONCRETE RAMP INSIDE
L-23 r
70
NEUSE BUFFER ZONE 1 ..(840 SO.FT.)..
' • 1
"S. r C Q'.• I
EXCAVATED BASIN
UPLANDS ..............(679 SO.Ff.)„
UPLAND
V�G�OJI
8U0. .
EXCAVATED BASIN -WETLANDS
�,��•.-
�G�,t I
iFn
RjJ 0
LANDS .............(871 SO.Fr.)..
XCAVATED BASIN CHANNEL
. V••Vi r.�a
110
Vr rN r V
REEK BOTTOM (203 SO.FT.)...........
/ 1
ISTURSED UPLAND (BULKHEAD
I
IE BACK INSTALLATION (1316 SO.FT.).
ISTURBED WETLANDS BULKHEAD
IE BACK INSTALLATION (1611 SOFT.).
................
1
- BELOW NORMAL WATER LEVEL
X. HEIGH ABOVE NORMAL WATER LEVEL
•(-3.2) •(-3.3)
L STAWNGS N
CURRENT OWNER: ROBERT L STALLJNGS N
PROPERTY ADDRESS: 52 SLNERWOOD DRIVE
MERRITT NC 28556
DEED REFERENCE: DEED BOOK 574 PAGE 457
MAP REFERENCE: PLAT CABA SL166-13 -
PLAT CABA SL.169-17
TAX PARCEL NUMBER: LOB-37-3
ABER TWO TOWNSHIP PAMUCO COUNTY NC
HERBERT J.NOBLES,JR.
PROFESSIONAL LAND SURVEYOR - L-2703
186 CAMPEN ROAD
BAYBORO, NORTH CAROLINA 28515
SCALE: 1'� '0. PROJECT NO. 2015-29 DATE: 09 028_2018 I
PERMTf2 SHEET 4 OF 5 SHEETS

TIE LINES
FROM A POINT THAT IS THE JUNCTION
OF THE CENTERLINES OF PARADISE
SHORES ROAD (SR 1328) AND SILVERWOOD
DRIVE TO POINT Al.
S65'09'58'E 1687.22'
COURSE
BEARING
DISTANCE
L-4
NOS57'15"E
25.38'
L-5
N49'14'17'E
68.94'
L-6
N40'16'38'E
86.77'
L-7
N3252'15"W
24.13'
L-8
N53'46'41''W
32.96'
L-9
NOB'29'55"W
49.95'
SITE
FOR
UNCLASSIFIED
EXCAVATION
SPOIL DISPOSALARENE
V pN
70
PROP�Ep
UPLAND,N,ETLAND
�N .S-- -
�: "OP Eg I 9
Zdg 9� i 3(-NC
SEAL�
L-2703VE,GRID NAD 83\2011
2�FR -------'5 �,.` i NORTHING: 501135.95'US SURVEY FEET
EASTING: 2716236.62 US SURVEY FEET
3FD6'll.603Oa2" NORTH LATITUDE
76'38'18.103527" WEST LONGITUDE
GRAPHIC SCALE
0 10 20 30 40 LW
WETLAND DELINEATION COMPLETED BY HERBERT J. NOBLES, JR.
SURVEY AND FIELD VERIFIED BY JOSH PELLETIER WITH THE USACE
ON 12113/2017.
PITTMAN CREEK
COASTAL
MARSH
SURVEYED FOR
ROKU L STAWWM N
WETLAND DELINEATION FOR BOAT RAMP PROJECT
CURRENT OWNER: ROBERT L. STALLINGS N
PROPERTY ADDRESS: 52 SLIVERWOOD DRIVE
MERRITT NC 28556
DEED REFERENCE: DEED BOOK 574 PAGE 487
MAP REFERENCE: PLAT CABAA SL166-13 -
PLAT CABA SL.169-17
TAX PARCEL NUMBER: L08-37-3
PROFESSIONAL LAND SURVEYOR - L-2703
188 CAMPEN ROAD
BAYBORO, NORTH CAROLINA 28515
SCALE: 1'- I PROJECT NO. 2016-29

GRAPHIC SCALE
0 10 20
1 inch = 20 ft.
\
>01"'
(2.9
'1
LO
(2.87) \
52 SILVERWOOD DRIVE
STALLINGS BOAT RAMP/BASIN
PN UL 000UNW NORT
(2.
`1Z. 14)
+(-0.5)
+(-3.0)
PROPOSED DEPTH:
-2.0MWL
PROPOSEDEPTH: 0.56)
-3.3 MWL \ +(-0.6) (-2.0'�
0 SNP +(-2.0)
00P� BPS�N P K�P� + (-1.4)
(-1.4)
0.56) +(
/ m
PROPOSED WATER DEPTH EXHIBIT - 01/21/19
Nt
Zo�O
�01 WithersRavenel
�� Enq�neersPia-.e

CONTRACTOR DRAWINGS
Dn»,ng by Booby cxhoon Cona ii tar
Robbie Stallings
52 Silverwood Dr., Merritt
Proposed Boat Ramp, Walkway and Basin
Drawing Date 8, l8i16
Approx. 204 uF Seawall 1
Approximate
existing shoreline
21' x 40' NM
'i 'Dig and dredge basin
Boat Ramp ro to an average IT NWL depth
N
I
-a
/I, 4' x U Walkway 1•
N! Scale 1"=10' along bulkhead
1_N
•10" x 20' pilings 7.5' O.C. on channel side
of walkway to be extend 48" above decking
n. n o n,n...nnny 113

Vinyl Seawall
2"x 12" Top Cap
Cross Section
2"X 8" Back Wale s
Typical
6"x 6" Treated Double Wale/ With Pilings
Double Timber Wale NTS
APPROX 2-3'
+II Normal Water Line
1
3/4" X 12' Tie -Rod
APPROX 2-3'
ESP 3.1 or E qulvalent
12' Vlnyl Sheet Pile
5'-6' x 6"-8" Deadman piling
APPROX 6'
8" x 12'
Navy wall Pilings
For 7.5'+- OC for length of wall
This drawing is the sole property of
Bobby Cahoon Construction Inc.
and is not intended for use by any other entity.
River Bottom
NTS Drawing 2-3

14/ WithersRavenel
NoOur People. Your Success.
ADJACENT PROPERTY OWNER NOTIFICATION
CERTIFIED MAIL RETURN RECEIPTS
RECEIVED
JAN 2 3 2019
DCM-MHD CITY

+ PIN: 7510526114
OWNED BY APPLICANT
PROPERTY PROJECT
BOUNDARY LOCATION
�q y
ADJACENT PROPERTY OWNER 1 .I
PIN: 7419682925000 )(
JANE MCLAWHORN
5909 NCHWY 17 SOUTH I
NEW BERN, NC 28562 C
BUR TON ~
CREEK
".
PITTMAN
CREEK
ADJACENT PROPERTY OWNER
PIN: 7510615761000
DON 8 NANCY NOBLES
3068 NC 111 SOUTH
PINE TOPS, NC 27864

IN Complete items 1, 2, and 3. a "Slgm
IN Print your name and address on the reverse
so that we can return the card to you,
■ Attach this card to the back of the mailplece,
or on the front ifspace:pennits. _
1. Article Addressed
rlto:
D. Is dell
:: J H�.- YYIGLRW+10 Vlt� If YE;
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eorm 3811, July 2015 PSN 7530.02-000-9053
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United States,
Postal Service
RECEIVED
I
F E B 7 2019
DS-444026
RqP SECTION MHD
U Agent I
I4,Addre'ssea
C'Dateaf Delivery .
0--?�)
nitemd7 U:Yee -
below: ❑ No
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D Pdority Mal Express®
Mated DeMery
❑ Regltl" Mall -
`❑ Regi6temdMell Restricted
D
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❑ RnlentRaClptfor
-Merchandlss
Rastdcted Delivery
❑ Signature Confimatlon1°'
❑ signature Conflanation ,
Red Delivery
Rost lcted Delivery
Domestic Return Receipt
HN\V#
Flrst-Clegs Mail I
1 11 ,I UPS e & Fees'iPald3 ,.
- FertnR:No..G.10'
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• 4�

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Robert Stallings IV
PO Box 12327
New Bern, NC 28561
Dear Mr. Stallings,
NORTH CAROLINA
Environmental Quality
February 5, 2019
The Division of Coastal Management (DCM) is aware that, per the requirements of the Coastal
Area Management Act (CAMA), you have attempted to notify your adjacent riparian neighbor(s)
of your proposed development at 52 Silverwood Drive in Pamlico County. We also understand
that to date, your notification efforts have not proven successful. Further, you do not wish to
pursue any additional means of notification of your adjacent neighbors.
Please, be advised that while DCM agrees that you have exercised a good faith effort in your
attempts at notification, and accordingly we will process your Major Permit application, the
CAMA statute and rules of the Coastal Resources Commission allow for the filing of third party
appeals by any party dissatisfied with the issuance of a CAMA permit. Should such an appeal be
filed in this case, the third party appeal could be granted by the Coastal Resources Commission
due to a lack of documented notification, allowing the appeal to proceed to the Office of
Administrative Hearings for judicial review. You are therefore cautioned to proceed with your
proposed project at your own risk.
Should you wish to discuss this matter further, or explore other notification procedures that may
better satisfy these rules, please feel free to contact me at [phone].
Sincerely,
Brad Connell
RECEIVED
FEB 6 2019
MP SECTION MHD
DEQ��
North Carolina Department of Environmental Quality I DlvistonofCoastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
M8082808

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RETURN TO SEN"DE-R

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FEB - 6 2019
MP SECTION MHD

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Clasgflervlco: first -Cass Ce.iined Nail
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Destination Address Information
Address:
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City:
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State..:
NC
&Digit ZIP Code:
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4•0191t ZIP Code add on:
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Product Tracking & Rapodng, All Rights Reserved
Version: 18 4.1.0.31
FEB 6 2019
MP SECTION MH®
https;//pts-2,usps.gov/Pts2-web/t`clntratxet'rrackiiig,NunnResponse7label =70172620000049... 11/26/2018

11WithersRavenet
Our People Your Success.
March 6, 2019
NC Division of Coastal Management
Morehead City Headquarters
Brad Connell
400 Commerce Avenue
Morehead City, NC 28577
Re: 52 Silverwood Drive - Stallings Upland Boat Basin
Additional Adjacent Property Owner Notification Information
Merritt, Pamlico County
CAMA Major Development Permit Application Submittal
WR Project #03180177.00
Dear Mr. Connell:
After the CAMA Major Development Application was submitted in November 2018, it came to
our attention that the adjacent riparian property to the south (PIN: 7419682925000-McLawhorn
Property) has been subdivided into two parcels (Western Parcel PIN: 419682925000 & Eastern
Parcel PIN: 7510602411). We believe that there was a delay in updating the Pamlico County GIS
data after the subdivision/deeds were completed/recorded, which is why this was not discovered
prior to submittal of the CAMA application. The property was divided such that the new eastern
parcel (PIN: 7510602411) became the adjacent riparian property. The adjacent riparian property
is now owned by Harry & Carol Ann McLawhorn, which is different from the previous property
owner, Jane McLawhorn that was originally notified. Therefore, we have sent the Adjacent
Property Owner Notification and CAMA application to Harry & Carol Ann McLawhorn via certified
mail as the current adjacent riparian property owner. A copy of the certified mail return receipt
signed by Carol Ann McLawhorn has been enclosed with this letter for your records for
documentation that the appropriate adjacent riparian property owner have been notified. I have
also provided an updated Adjacent Property Owner Exhibit. The Adjacent Property Owner
contact information is:
Harry & Carol Ann McLawhorn
6001 NC 17 Hwy S
New Bern, NC 28562
Phone:[phone]
Also, additional efforts have been made to provide the Adjacent Property Owner Notification and
CAMA application to Don & Nancy Nobles, who are the adjacent riparian property owners to the
north (PIN: 7510615761000). The applicant contacted the Pamlico County Tax Administrator and
confirmed that the property tax bill is sent to 3068 NC 111 South, Pine Tops, NC 27864, which
the same address as was used to send the Adjacent Property Owner Notification. The Pamlico
County Tax Administrator confirmed that there was no alternate mailing address listed for the
property, and the taxes had been paid. The applicant attempted to contact Don & Nancy Nobles
several times via telephone at the phone number listed and was unable to get anyone to answer
the call. The applicant sent a courier to 3068 NC 111 South in an attempt to hand deliver the
219 Station Road, Suite 1011 Wilmington, NC 28405 RECEIVED
t: 910.256.9277 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington MAR 0 a 2�I9
DCM-MHD CITY

52 Silverwood Drive - Stallings Boat Basin/Ramp 1! Withers Rave n e l
Merritt, Pamlico County
Ow Pnople Your Suacs
Adjacent Property Owner Notification and obtain signature of receipt. The courier specified that
there was no mail box at the address, and the house did not appear to be currently occupied.
Therefore, the applicant feels that they have exhausted all efforts to appropriately notify Don &
Nancy Nobles.
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Copies Furnished - Robbie Stallings - Applicant
Attachments:
• Harry & Carol Ann McLawhorn - Adjacent Property Owner - Certified Mail Return Receipts
• Updated Adjacent Riparian Property Owner Exhibit
RECEIVED
MAR 0 a 2019
DCM-MHD CITY
Page 2 of 2

■ Complete lteme 1.2, and 3. " " "
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III 1111111111111111111111111111111111111111
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in this box•
RECEIVED
MAR 0 8 2019
DCM-MHD CITY

WithersRavenel
lipOur People. Your Success.
AGENT AUTHORIZATION

%0 WithersRavene�
NilOur People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Robert L. Stallings IV (Client) does hereby appoint WithersRavenel.
nc as his, her, or it's agent for the purpose of petitioning the appropriate local, state and
federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for the Stallings Boat Ramp Basin. located on
Pittman Creek in Pamlico County at 52 Silverwood Drive in Merritt. NC 28556,
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required.
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Date:
Z-2.2—)i$
Agent's Name, Address &Telephone: Signature of Client: 7.�/
WithersRavenel.Inc. LaNww )"%y—
(Name -Print) (TitQ-
115 MacKenan Drive
Cary, NC 27511 (Signature)
Tel. [phone] Po gk::�;x
Mailing Address
iJua 1?irn- tuc, 2"8 s6l
City State Zip
Phone:
- �33
Email: '-�kzy P.CS�Plr���fi� 5 • Gown
115 MacKenan Drive I Cary, NC 27511.
t: 919A69.33401 f: 919.467.60081 www.withersravenel.com I License No. C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington

r/ WithersRavenel
40 Our People. Your Success.

GO 4 �
SC.N d'
Doc ID: 002513810003 TVPe: PRP
Recorded: 01/05/2017 at 12:10:05 'PH
RETURNED TO.
Fee Amt: $294.00 Pape 1 of 3.
5_ 1'"�,
;�—
Revenue Tax: $268.00
Pamlico, NO
DATE.RETURNED'
' Lynn H. Leuls Register of Deeds
8K621 PD547-549
NORTH CAROLINA
Tar Parcel#Lea-37-3 / ��i J o
TAMUCO COUNTY
Revenue Stamps S (J8 •
THIS DEED, made this day of &10e6-,ktr . 2016, by and between
ROBERT L. STALLINGSy1V (referred to herein as "Grantor'), whose mailing. address, is PO
Box 12327 New,Bem. NC 28561. to DAVID MADISON FORBES STALLINGS (referred to
herein as "Grantee'), whose mailing! address 'is
aaO1 Qx-4rj 900J tale: � W- 'L76013:, isasfellows:
WITNE.SSETH':
That the Grantor in considerefiomof the sum,of TEN DOLLARS ($10.00) and other;good
and valuable consiiletalion to'Gianter paid by the Grantee, the receipt of which is hereby
,acknowledged, has bargained and sold, and by.these presents does bargain, sell, and, convey; unto
the Grantee, a % interest'in and to the property described in EXIHBIT A ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE, Weir said property does not include the
primary residence of the Greater.
TO HAVE AND TO HOLD, a%3 inierest is and to the above described lot or parcel of land
and ali privileges and appurtenances thereuato belonging to the: Grantee, in fee simple forever,
subject to the herein mentioned encumbrances, if any.
And the Grantor covenants toand with the Grantee that Grantor is seiied of said premises in
fee and has the right to convey seine in'fee .simple; that the same are free from encumbrances except
Pmp=dby:
SV=14 Sum Carmichael,Ric1® and Uart,PA
AttarnM at raw
416 PoHwk Speet
'New Derr, North Carolina 28$60
NO TITLE. EXAM REQUESTED Ott PERFORMED
WITHOUT SEPARATE, WRITTEN OPINION ON TME.
' SIGNED'BY PREPARER
Book: 621 Page: 847 Seq; 1

"u{1�48
the herein mentioned encumbrances; if any, ad valorem taxes for the current year (prorated through'
the date of closing),.utility easements and uuviolated restrictive covenants that do not materially
` affect the value:of said premises and such_ other encumbrances as may be; assurned or specifically,
approved by Grantee, in writing, and that Grantor will warrant`and defend the title to the same
against thelawful'claims of all persons whomsoever.
Grantor is executing this instrument withoutthe joinder of Grantor's spouse,.pursuarit to:that
certainPoslmarital Ag eement tecorded:in B6ok.1695 Pago 620 of tbe,Cmveh County,Registry.,
The .designations Grantor, and Grantee as'used herein shall inelude''said parties,; their heirs;
successors and assigns, es the case maybe.
INTESTIMONY WHEREOF, the Grantor has executed this instnanent in such form as to
be;binding, tlisthe day,andsyear first above written.
(SEAL)
ROBECRT TALLINGS,IV
ACKNOWLEDGEMENT
The undersigned Notary Public does hereby. certify the ROBER�TL. STALLINGS, IV
�{r
peisonally:appeared before such Notary Public this dayin'the State of / I C- and
County. or, City, of &6L "i and acknowledged the due ,execution of the
foregoing instrunicrit for the purposes therein expressed.
wrmm my hand and notarial 'seal; tbis 71f� day of t? 2016s:
My.Commission Expires:.
/,2 7L• /7
NOTARY
PUBLIC
NOTARYSEAUSTAMP MUST APPEAR
LEGIBLY MBOX TOMOBT
Book: 621 Page: 547 Seq; 2

EXHIBIT 'W'
)SING. TRE•iDECLINATION'AS 1 STATED' 114 DEED BOOK 267, PAGE 902'OFFSET TO
THE EAST '0T 96'5";'STARTING�PRCM A PK NAIL FOUND IN 3HE DENTEPSZNE OF
THE BRIDGS.AND OVER THE MIDDLE OF SPRING CREEK„ LOCATED. ON STATE ROAD
1327, THENCE -S 4.0'45'54" E AT'A DISTANCE OF 220.24 FEET;. THENCE S
98'45'55"E AT A DISTANCE OF 04,.,23 FEET;'THENCE S 47'03134" E AT A''
DISTANCE :OF 87.49 FEET;'THENCE"S 42°02'32" E AT A. DISTANCE OF 71.09
FEET; THENCE'S 35'48,'23" E AT A'DISTANCE OF 74.46'FEET; THENCE S
32'03'33" BEAT A DISTANCE OF 21.55. FEET TO AN IRON ROD SET AT
INTERSECTION OF. WHORTONVILLE RD ALSO KNOWN AS SR 1327 AND ROAD 1;
THENCE FOLLOWING A TIE LINE;;S 73402"56" E AT -.A DISTANCS'OF 38.11 FEET
TO A'RAILROAD IRON 'TRENCH N"60'2S'00" E AT A'DISTANCE OF 210.32 FEET,-
THENCE 5 324S8408",E-AT A DISTANCE OF 343.00 FEET TO'AN IRON PIPE.
FOUND; THENCE S.55°46'53" W AT:A DISTANCE OF 220.31 FEET TO AN IRON
PIPE FOUND; TRENCE'S, 31*371.16" E AT A DISTANCE OF 486.69 'FEET; THENCE 5,
29°I2'99"!E AT,A DISTANCE OF 387.98. FEET; THENCE 5 26034'40" E•AT A
DISTANCE bi 1217.94 .FEET TO AN IRON ROD FOUND; THENCE S 76'08108". MAT
• DISTANCE' OF 901.57 FEET'TO AN IRON ROD FOUND; 'THENCE S 02°59'12" E AT
A DISTANCE OF '1245.07 FEET TO ;AN IRON ROD SET; THENCE FOLLOWING A. TIE
LINE S 02'59'12!':9 AT A DISTANCE OF 75, 19'FEET'TO AN IRON ROD SET,
THENCD•rS 53°05119 E AT A'DISTANCE.,OF' 70.92�FEET; THENCE S ,99°21157" AT A'DISTANCE OF'59. 04 FEET; THENCE S 45°42:'43!" E AT A, DISTANCE OR
85.10 FEET; THENCE S 42'0610S"-EAT A DISTANCE OF 62.31 FEET; THENCE S
39'20140" E AT A DISTANCE'OF 33.87 FEET;, THENCE S 36*54128" E AT'A.
DISTANCEOF 33.89 FEET, THENCE S,33'51'01".E AT, A,: DISTANCE OF 144-.27
FEET THENCE S 32"55'45".E AT A 'DISTANCE OF 224.44 FEET; '.THENCE S
`32°55'04"`E AT .'DISTANCE OF 243, .FEET TO AN ..IRON ROD SET; THENCE
FOLLOWING.A TIE,LINE.N 56'56'5I",E AT..A DISTANCE OF 30.00 FEET TO.,A
M9GNETIC: NAIL FOUND; THENCE',FOLLOWING.A. TIE LINE N J4'$4106" E AT A,
DISTANCE"OF„32. 48: FEET TO AN IRON ROD SET;,TRENCE FOLLOWING A TIE LINE
'-
S.33'O1'23" E AT 'A DISTANCE OF 56.59 FEET TO AN IRON ROD SET; THIS
BEING TEE POINT OF BEGINNING FOR PAM 12 EAST SIDE, THENCE N 84°54122" E
A DISTANCE, or 35. 70 FEET;.TNENCE.N 85°43'30q E A DISTANCE OF 141.56-
'FEET; THENCE N 87'"48'18" E:A DISTANCE OF 19,0.0$ 'FEET; THENCE. N
E A DISTANCE 6F•124. 34' FEET' TO AN.IRON ROD SET; THENCE S
12'22143" WA DISTANCE OF 67.15 FEET TO AN IRON ROD SET LOCATED IN
DITCH CENTERLINE; THENCE FOLLOWING DITCH CENTERLINE S 42'55'0.7" E A
DISTANCE OF 58.73:FEET,-.THENCE B' E 37°O3V.E A DISTANCE OF 54..58 FEET;
':THENCE S 31°564,02" E A:DISTANCE OF,40480 FEET; THENCE S. 61'28'21'1 E. A•
DISTANCE OF 156.25 FEET, THENCE S'50613121" E A DISTANCE OF 46.46 FEET;
THENCE S 10'•34,'33" E A DISTANCE OF 2.86 FEET/ THENCE 'S 67°51"16" E„A
DISTANCE OF 199.18}FEET; THENCE S.376�35156" E A DISTANCE OF 239.44.: FEET
TO CANAL ZNTERSBCTZON•'.THENCE`N 55602'58" E A DISTANCE OF 76A2 FEET;
THENCE'N°'S8'53'19" E R DISTANCE OF 94.13 FEET; THENCE:N 68'12'20" E A
DISTANCE OF 100..83 FEET; ,THENCE S: 71'06'400 E.A DISTANCE OF 65:88 FEET;
THENCE N'73°07106";E A DISTANCE OF 49.21 FEET; THENCE S 74'42,'17" E,A
DISTANCE ,OF 109..88 FEET; :THENCE. S-30',16'26" E,A DISTANCE OF 87. 33, FEET;
THENCE S"60°50'50"'E'A DISTANCE�''OF 2.45'FEET, THENCE -S 3r54'45" E A
DISTANCE OF 53.10� FEET; THENCE 'S`27°25'I1" E A DISTANCE OF 46.55,FEET;
THENCE S 22`21'55" W A DISTANCEIOF 31.53 FEET; THENCE .S 08'04'47" E A
DISTANCE,OF 45.47FEET; :THENCE 5 82°04100" E A DISTANCE,.OF 40.20 FEET,.
THENCE 54'32'02" E,A DISTANCE OF 270.66 FEET; THENCE S.13°28'04!.W,A,
DISTANCE".OF ST.77 FEET; ,THENCE S 10153'17° W A'DISTANCE OF 39.33'.FEET;
THENCE 3 '07'47'17" E�,A DISTANCEOF 34.03 FEET, THENCE S 43*29-56" E.A
DISTANCE OF 52.88 FEET; TRENCE''S 3047'12" W'A DISTANCE OF 82.26 FEET;
THENCE S 06°22'0.7" F. A DISTANCE. OF 16.15 FEET; THENCE S 30°53'56" W A
,DI4TANCE.10F 44.10. FEET;, THENCE",.S'71'30'04"'W A. DISTANCE OF 47.00'FEET .
THENCE S'40°36"48" W'A DISTANCE OF 19.86 FEET'To AN IRON ROD FOUND;
THENCE 5 89'06'49" W A DISTANCE OF 1217. 68 FEET TO AN IRON ROD FOUND;
THENCE N 1:8"51'34" W A DISTANCE OF 55.51,FEET; THENCE N 1$115'54" W A
DISTANCE,OF 206.12`FEET; THENCE N.18°17'19" WA DISTANCE Or 200.13-
'FEET; THENCE N W 14'25" Pill A' DISTANCE, OF• 1'52. 79 FEET; THENCE,, N,
-19'11124." W A•DISTANCE'OF 57.70 FEET; THENCE N 21636153" W A DISTANCE
OF 87; 96. FEET; THENCE', N Z5°26'02" W A. DISTANCE OF,: 93: 21 FEET; ; THENCE .N
30°121.05" W A;DISTANCE OF 138.27�FEET, THERM N 32°38112" W A DISTANCE
OF'311:,53",FEET;. THENCE N33°'03.'09" W.A D;STANCE OF 99.46 FEET To AN
IRON ROD;SETi' WHICH` IS. THE POINT OF BEGINNING, HAVING AN -AREA OFF
1,I34t.601.64 SQUARE -FEET, 26.047 ACRES.
Book: 621 Page: 547' Seq:3

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
oas a anagement— — - --- _ —
ENVIRONMENTALOUALITV - .. _ __ _. _ . . __ _
January 29, 2019
Robert Stallings IV
PO Box 12327
New Bern, NC 28561
Dear Mr. Stallings:
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located adjacent to Pittman Creek at 52
Silverwood Drive near Merritt, Pamlico County. It was received on January 23, 2019, and appears
to be adequate for processing at this time. The projected deadline for making a decision is April
8, 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 January 23, 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 Penn it 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.
Nothing Compares.
State of North Carolina I Environmental Quality 1 Coastal Maeagement
400 Commerce Ave 1 Morehead City, NC 28557
252 808 2808 T

Stallings
Page 2 of 2
1/29/19
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
Enclosure
CC: Gregg Bodnar, Asst. Major Permits Coordinator
Roy Brownlow, District Manager
Troy Beasley, WithersRavenel
nothing Compares-moL�
State ofNotlh Carolina I Environmental Quality I Coastal Mmagement
400 Commerce Ave 1 Morehead City, NC 28557
252 808 2808 T

LAMA PERMIT
APPLIErn FOR
PROJECT: Excavate a boat basin and access
channel adjacent to Pittman Creek near Merritt.
OM E TS ACCEPTED THROUGH February28, 2019
I;CANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
11 . Robert Stallings IV Brad Connell - DCM
Box 12327 400 Commerce Avenue
w Bern, NC , 28561 Morehead City, NC 28557
[phone]
is

ROY COOPER
Gore rror
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Coastal Management
ENVIRONMENTAL QUALITY
January 29, 2019
The Pamlico News
Legal Advertisement Section
P.O. Box 510
Oriental, N.C. 28571
Re: Public Notice — Robert Stallings IV
Dear Sir:
Please publish the attached Notice in the February 6, 2019 issue of the Pamlico News.
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 [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
Sincerely
Brad Connell
Coastal Management Representative
Enclosure
cc: Gregg Bodnar
Roy Brownlow
Nothing Compares.`
State of North Carolina I Environmental Quality I Coastal Management
400 Conmrerce Ave I Morehead City, NC 28557
252 808 2808 T

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality 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 January 23, 2019. According to said application, Mr. Robert Stallings IV
proposes to excavate a boat basin and access channel adjacent to Pittman Creek, at 52 Silverwood Drive,
Pamlico County. 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,
[phone] during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, N.C. 28557, prior to February 28, 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: February 6, 2019
Nothing Compares.
Slate of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T

DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: Robert Stallings IV Distribution Date: 2/7/2019
AGENCY
WIRO
WARD
LPO
Rachel Love Adrick MHC
Rachel Love Adrick Washingon
DCM Planner
Mike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
Liz Hair
Raleigh Bland (Beaufort Camden,
(Carteret, Onslow, Pender)
Chowan, Craven, Hertford, Hyde,
Tyler Crumbley (Temporarily away
Perquimans, Tyrrell)
everything goes to Liz)
Josh Peletier — (Bertie, Currituck, Dare,
US COE (NC DOT)
(Brunswick, New Hanover)
Gates, Pamlico, Pasquotank, Washington)
DOT Brad Shaver
DOT - Tom Steffans — (Beaufort, Carteret,
(Brunswick, New Hanover, Onslow,
Craven, Pamlico
Pender)
Mark Zeigler (Onslow, Pender, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort Carteret Craven,
Lee Padrick (Beaufort Carteret,
Eliz City, Pamlico, Washington)
Craven 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 Cox
Clif Whitfield
Curt Weychert WIRO
Marine Fisheries
Shane Staples MHC
Shane Staples WARO/ECRO
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon
Shannon Jenkins & Sharon Gupton
Gupton
State Property
Tim Walton & Mike Moser
Tim Walton & Mike Moser
DEMLR/DWR:
Sheri A. Montalvo
Sheri A. Montalvo
(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 Steenhuls Brunswick, New
Garcy Ward
Hanover, Onslow, Pender
WRC
Maria Dunn (WARO)
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program
Rodney Bulter
Rodney Bulter
H:\Major Permit\Templates\Maj Comment Distribution Sheet.docx
Revised : 6/29/2018

v
Received From:
Permit No.:
Applicant's Name:
Project Address:;_
NC Division of Coastal Management
Cashier's Official Receipt 7876 A Bp,
Dater' - 20
=S �s
Please retain 'receipt for your records as proof of payment for permit Issued.
Signature of Agent or Applicant: ((( ��� Date:: --_ --
Signature of Field Representative: 1 �� Date:
RECEIVED
FEB 7 2019
WiP SECTION MILD

MAJOR PERMIT FEE MATRIX
Applicant: , l �r�\ to C'44�� rt n�� J,4JCl� 1 n
Selection
Development Type
Fee
DCM %
DWQ %
(14300 1601435100093 1625 6253)
(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:
II. Public or commercial
❑
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:
III(B). Public or commercial
❑
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached) can
be applied:
III(C). If General Water
❑
Quality Certification No. 4097
$400
60% ($240)
40% ($160)
(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.4�a'
40%($160)
(see attached) cannot bea
lied:
+$40060%($240)
IV. For developmentthatinvolves
600% ($285)
the filling and/or
40% ($190)
excavation of more than one
acre of wetlands and/or open
water areas:
❑
Express Major Permit
$2,000

`**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)
Applicant: Robert Stallings IV
Date: 1/29/2019
Project Site County: Pamlico
Staff: Brad Connell
District: ❑Elizabeth City ❑Washington
®Morehead City ❑Wilmington
Project Name: Stallings boat basin
Date of initial application submittal (EX: 1/8/2007): 11/28/2018
Date application "received as complete' in the Field office (EX: 1/8/2007): 1/23/2019
Permit Authorization: ❑CAMA Dredge & Fill OBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ®Yes ❑No
Photos Taken: Yes 0 No®
Setback Required (riparian): ZYes No
Critical Habitat: ®Yes ❑No ❑Not Sure
15 foot waiver obtained: ❑Yes SNo
Hazard Notification Returned:
[]Yes ®No
SAV: ❑Yes ®No ❑Not Sure
Shell Bottom: ❑Yes SNo ❑ Not Sure
Temporary Impacts: ®Yes ❑No
Sandbags: ❑Yes ®No ❑ Not Sure
Did the land use classification 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) ® Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW)
® High Quality Waters (HQW) ❑ Outstanding Resource Waters (OR"
WETLANDSIMPACTED
® (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
® (JR) Black needlerush (Juncos
(sp) SalUmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
0 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 -
[111. 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 :: ww vmccoastalmanaaament.net revised: 02/15/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Robert Stallings IV
Date: 1/29/19
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 1
Dimension 2
Dimension 3
Dimension 4
One
One
Boat basin
1
New Work ®
Replace
65'
25'
-3.3'
Maint ❑
❑ Y ON
Pier
1
New Work ®
Replace
65'
4'
Maint ❑
❑ Y ON
Boat ramp
1
New Work ®
Replace
40'
21'
Maint ❑
❑ Y ON
Access channel
1
New work ®
Replace
23'
12'
-2.0'
Maint ❑
❑ Y ON
Bulkhead (vinyl)
1
New Work
Replace
204'
1'
S'
Maint ❑
❑ Y ON
Fill (road)
1
New Work Z
Replace
328'
20'
Maint ❑
❑ Y ON
Spoil
1
New Work ®
Replace
60'
60'
Maint ❑
❑ Y ® N
revised 02115M0

INC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Robert Stallings IV
Date: 129/19
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. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount
Open Water
Dredge ® Fill ❑ Both ❑ Other ❑
283 ft2
283 ft2
USCoE Wetlands
Dredge ❑ Fill ❑ Both ® Other ❑
2,375 ft2
2,375 ft2
High Ground
Dredge ❑ Fill ❑ Both ® Other ❑
11,910 ft2
11,910 ft2
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1-888-0RCOAST :: w mccoastalmananement.net revised: 02115/10

Connell, Brad
From:
Connell, Brad
Sent:
Monday, December 03, 2018 3:03 PM
To:
'Beasley, Troy'
Cc:
'[e-mail]'; Brownlow, Roy
Subject:
Stallings application --revisions request
Importance: High
Mr. Beasley,
This application is thorough and well prepared. However, there are some items that require your attention before the
NC Division of Coastal Management can accept the application package as complete and adequate for processing. They
are as follows:
1. Project Narrative: please specify the cubic yardage of "minor excavation within Pittman Creek," please
elaborate on the dimensions and depth of the "small canal" at the Swan Creek Tract, please specify the cubic
yardage of excavation/fill in each habitat in the Project Details, please describe the exact location of the
proposed spoil disposal area, please provide the dimensions of the gravel driveway and its proximity to the
shoreline at nwl, please discuss the potential for continued maintenance excavation in the Proposed Impacts
section, please discuss water quality impacts of having a basin that is deeper than the connecting water depths,
please discuss turbidity impacts within this PNA habitat, please discuss potential impacts of "power loading"
vessels at the proposed ramp, please revise the qualifier "virtually" regarding impacts to Coastal Wetlands
(either there are or there aren't impacts).under the Alternatives Analysis, again specify the exact yardage of
excavation being proposed instead of "minor," please define the "small" wind driven tidal fluctuations, please
discuss whether or not this proposal meets NCDCM rules, please discuss how Alternative 1 is
permittable/allowable and feasible to construct (as discussed in previous scoping meetings), please elaborate on
why it is not feasible to take the existing property off the market and continue to utilize it to meet the
applicant's needs, and please discuss this proposal's permit history and recent CAMA permit denial;
2. Form DCM MP-1, 4m(iii): please submit Section 404 Wetland delineation documentation;
3. Form DCM MP-1, 5c: please elaborate on cubic yards of excavation and specify location of spoil disposal;
4. Form DCM MP-1, 6e: please submit the $400 payable to the NCDEQ fee for processing the application;
5. Form DCM MP-1, 6f: please state the Nobles' telephone number;
6. Form DCM MP-1, 6i: please submit a wetland delineation for the tract;
7. Form DCM MP-2, 4: this section not applicable;
8. Work Plan Drawings: please show the location of the existing site where the vessel has been moored, all
drawings must be titled and numbered and drawn to scale, please label the adjacent waterbody, please
show/label the proposed depths from the origination of the proposed dredging to its terminus in Pittman Creek,
please note the date of the wetland delineation and who performed it, and please label the'spoil disposal area
as such.
NOTE: This proposal is in conflict with 15A NCAC 07H .0208(b)(1). 15A NCAC 07H .0208(b)(1)(E), and 15A
NCAC 07H .0208(b)(1)(F).
I look forward to your response. If I can be of any assistance in the interim, please do not hesitate to contact me.
Respectfully,

Brad Connell
Environmental Specialist I
NC Division of Coastal Management
httl)://portal.ncdenr.org/web/cm/dcm-home
[phone] ext.214
Brad.Connell@ncdenr.¢ov
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.

Connell, Brad
From: Beasley, Troy <[e-mail]>
Sent: Tuesday, January 22, 2019 4:45 PM
To: Connell, Brad
Cc: [e-mail]; Brownlow, Roy
Subject: [External) RE: Stallings application --revisions request - 52 Silvenvood Drive - Stallings
Upland Boat Basin - Submittal of Additional Info/Revised Application
Attachments: Stallings Boat Basin-Ramp-CAMA Major Permit Application_Complete_FINAL_
2019-01-21.pdf; CAMA Application Fee Receipt_2018-11-28.pdf
Brad,
Attached is the updated CAMA Major Permit Application which has been revised to address the specific items in your
email below. For your convenience, I have broken the items out individually and have noted where you can find the
specific responses in the application:
1. Project Narrative:
• please specify the cubic yardage of "minor excavation within Pittman Creek," - Page 5; first paragraph on page
• please elaborate on the dimensions and depth of the "small canal" at the Swan Creek Tract - Page 2; Second
paragraph of Proposed Project section
• please specify the cubic yardage of excavation/fill in each habitat in the Project Details - Revised throughout,
table added on Page 5
• please describe the exact location of the proposed spoil disposal area - Page 5; first paragraph on page
• please provide the dimensions of the gravel driveway and its proximity to the shoreline at nwl - Page 5; second
paragraph
• please discuss the potential for continued maintenance excavation in the Proposed Impacts section - Page 6;
second paragraph
• please discuss water quality impacts of having a basin that is deeper than the connecting water depths - Page 6;
third paragraph
• please discuss turbidity impacts within this PNA habitat - Page 6; fourth paragraph
• please discuss potential impacts of "power loading" vessels at the proposed ramp - Page 6; sixth paragraph
• please revise the qualifier "virtually" regarding impacts to Coastal Wetlands (either there are or there aren't
impacts) under the Alternatives Analysis, - Changed text to no coastal wetland impacts
• again specify the exact yardage of excavation being proposed instead of "minor," - revised throughout to give
cubic yardage of excavation.
• please define the "small" wind driven tidal fluctuations - Page 8; second bullet point on page
• please discuss whether or not this proposal meets NCDCM rules - Page 2; second paragraph in Proposed Project
section
• please discuss how Alternative 1 is permittable/allowable and feasible to construct (as discussed in previous
scoping meetings) - Page 9; fourth, fifth and sixth bullet points
• please elaborate on why it is not feasible to take the existing property off the market and continue to utilize it to
meet the applicant's needs - Page 4; second paragraph
• please discuss this proposal's permit history and recent CAMA permit denial - Page 2; Project History section
added RECEIVED
JAN 2 3 2019
DCM-MHD CITY

2. Form DCM MP-1, 4m(iii): please submit Section 404 Wetland delineation documentation; - Updated in Project
History Section - Onsite wetlands were delineated by Herbert J. Nobles, Jr. Surveying. Josh Pelletier with the USACE
conducted a site visit on 12/13/17 with Derrik (pock with Bobby Calhoon Marine Construction and field verified the
wetland delineation as accurate. Mr. Pelletier never issued an JD for this project. I am the Mr. Pelletier intended to
issue the JD in conjunction with issuance of the 404 permit, and we don't have any specific documentation from Mr.
Pelletier.
3. Form DCM MP-1, 5c: please elaborate on cubic yards of excavation and specify location of spoil disposal -
updated
4. Form DCM MP-1, 6e: please submit the $400 payable to the NCDEQ fee for processing the application —fee was
submitted with original application submittal. NCDCM provided a receipt (7876), dated 11/28/18. 1 have attached a
copy of the receipt to this email for reference.
S. Form DCM MP-1, 6f: please state the Nobles' telephone number— phone number provided.
6. Form DCM MP-1, 6i: please submit a wetland delineation for the tract— limits of onsite 404 and coastal
wetlands are noted on the surveyors drawings/impact exhibits.
7. Form DCM MP-2, 4: this section not applicable — updated to check box for "this section not applicable".
8. Work Plan Drawings:
8A. please show the location of the existing site where the vessel has been moored — I have included a Exiting Skiff
Launch Location Exhibit that depicts the location where the skiff is currently launched at 182 Buxton Avenue.
8B: all drawings must be titled and numbered and drawn to scale — all drawings in the attached application are titled,
numbered and to scale.
8C: please label the adjacent waterbody - updated
8D: please show/label the proposed depths from the origination of the proposed dredging to its terminus in Pittman
Creek— I have included a Proposed Water Depth Exhibit
BE: please note the date of the wetland delineation and who performed it, and please label the spoil disposal area as
such — note added on Sheet 5 of 5 in the Survey/Impact Maps
We believe that the additional information provided adequately addresses the items noted in your email below. Please
let me know if you have any questions or require anything else to deem the application complete for distribution to the
other agencies. Please let me know when you are ready to provide the hard copies for distribution and I will get those
to you.
Thanks for your help with this project.
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office:910.256.9277 1 Direct:910.509.6512
Mobile: [phone]
tbeasley00 withersravenel com
CONFIDENTIALITY AND NONDISCLOSURE
RECEIVED
JAN 2 3 2019
DCM-MHD CITY

10WithersRavenet
Our People. Your Success.
219 Station Road, Suite 101
Wilmington, North Carolina 28405
t: 910.256.9277 1 f: 910.256.2584
TO: NCDEQ - NC Division of Coastal Management
400 Commerce Ave
Morehead City. NC 28557
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
® Attached
❑ Prints
❑ Change order
Letter of Transmittal
q11/27/18 11329 03180177.00
Mr. Brad Connell
Si:verwood Dr - Stallings Upland Boat Basin
Merritt, Pamlico Count
CAMA Major Permit Application Submittal
the following
❑ Under separate cover via items:
❑ Plans
❑ Diskette
El
❑ Samples ❑ Specifications
COPIES•
1
11/26/18
03180177.00
DESCRIPTION
CAMA Major Development Permit Application
1
11/27/18
03180177.00
Check for $400 application fee
1
11/27/18
03180177.00
CD with electronic copy of Application
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
r'
r P i
COPY TO: File SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify us at once.
NOV 2 8 2018
DCM-MHD CITY

%0 WithersRavenel
NoOur People. Your Success.
November 26, 2018
NC Division of Coastal Management
Morehead City Headquarters
Brad Connell ( F� -
400 Commerce Avenue
Morehead City, NC 28577
Re: 52 Silverwood Drive - Stallings Upland Boat Basin
Merritt, Pamlico County
CAMA Major Development Permit Application Submittal
WR Project #03180177.00
Dear Mr. Connell:
Robert Stallings IV requests a CAMA Major Development Permit for the Stallings Upland Boat
Ramp Basin, located on Mr. Stallings' property at 52 Silverwood Drive in Merritt, Pamlico County
(Lat: 35.103670°N; Long:-76.604607°W).
The proposed project is located on a t 26.5 acre property (PIN: 7510514126) owned by Mr.
Robert Stallings IV, which is located in the Neuse River Basin (HUC 03020204). The property
drains to Pittman Creek, a tributary to Lower Broad Creek. The Water Quality Classification for
Pittman Creek is SA;HQW;NSW and the Stream Index Number is: 27-141-6. Pittman Creek is a
coastal water, designated as Primary Nursery Area (PNA), and is subject to both CAMA jurisdiction
and Neuse River Basin Riparian Buffers.
The purpose of the proposed project is to construct an upland boat basin and ramp to provide a
permanent launch for the 30-ft pontoon skiff used to transport maintenance equipment to and
from the Swan Creek Tract, located approximately 2 miles east of the project location, for repair
and maintenance of the water control structures, levees and water pumps.
Existinz Conditions C V-( E� �
The subject property is currently developed with a dwelling, vinyl bulkhead and dock. The adjacent
riparian properties are similarly developed.
The elevation of the high ground of the parcel is 4' above the normal water level (NWL).
Vegetation within the project area mainly consists of loblolly pine and other native trees and
shrubs. There are coastal wetlands (Juncus roemerianus) and non -coastal wetlands (404) wetlands
within the project area. The 26.5 acre parcel has approximately 1,353 If of continuous shoreline
along Pittman Creek, most of the length of which is populated by coastal wetlands except for in
the proposed project area. Immediate offshore water depth adjacent to the project range from -
0.5' to -3' nwl. The subaqueous substrate is soft without shell.
RECEIVED
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 I www.withersravenel.com I License No. C-0832 NOV 2 8 2018
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington
DCM-MHD CITY

52SilverwoodDrive - Stallings Boat Basin/Ramp ;! WithersRavenel
Merritt, Pamlico County
The tributary to Pittman Creek is approximately 190-ft across at the project location. These
waters adjacent to the project are classified as PNA. Submerged Aquatic Vegetation (SAV) is not
present at this location.
Proposed Proiect
The proposed project consists of the construction of a gravel driveway, bulkheaded boat basin,
concrete boat ramp and minor excavation within Pittman Creek. The proposed project is necessary
to provide a permanent water access to facilitate maintenance of the Swan Creek Tract, located
approximately 2-miles east of the proposed project location. The Swan Creek Tract contains over
2,000 acres of brackish impoundments that are owned by Mr. Stallings' family and maintained by
Mr. Stallings.
The proposed project will provide a permanent dedicated launch for the 30-ft pontoon skiff to
transport equipment and fuel to/from the Swan Creek Tract for maintenance of the pumps and
structures associated with the impoundments. The Swan Creek Tract is only accessible by boat,
and therefore all equipment necessary to maintain the levees, pumps and water control devices
must be transported in and out by boat. The 30-ft pontoon skiff is customized to transport
equipment (tractors, bush hogs, bobcats, etc) to the Swan Creek Tract and navigate the small
canals in and around the impoundments. Equipment is driven onto the skiff, and transported to
the Swan Creek Tract through a small canal, where it is driven off the skiff onto the dikes/levees
for maintenance of the structures. The water pumps are refueled and maintained by navigating
the 30-ft skiff through the network of small canals and ditches to each water pump. A larger boat
would not be able to navigate the network of small canals.
Proiect Purpose and Need
The purpose of the proposed project is to provide a permanent launch into Pittman Creek within
Mr. Stallings' property for his 30-ft pontoon skiff that is needed for the maintenance of the Swan
Creek Track impoundments, which is owned by Mr. Stallings' family. The proposed project will
facilitate the launching and extraction for the 30-ft pontoon style skiff used to transport
equipment and fuel for the management and maintenance of the Swan Creek Tract, a 2,000 acre
waterfowl impoundment located approximately two miles east of the project site.
The Swan Creek Tract waterfowl impoundment is located within the Atlantic Flyway, and Ducks
Unlimited has identified it as a priority habitat zone for neotropical migratory songbirds. The Swan
Creek Tract impoundment provides a critical stopover and foraging habitat for priority species to
support the North American Waterfowl Management Plan (NAWMP). Mr. Stallings maintains
approximately 2,000 acres of brackish marsh through impoundment pumps and levees to adjust
seasonal water levels to optimize water management in the impoundments to improve habitat for
waterfowl, wading birds, songbirds and a plethora of other species that utilize this area for critical
stages of their respective lifecycles. Mr. Stallings manages the Swan Creek Tract impoundments
through regular maintenance of the pumps and water control devices.
Brackish water management impoundments such as the Swan Creek Tract are a unique habitat
feature in coastal North Carolina that can no longer be constructed due to environmental
regulations. The Swan Creek Tract is only accessible by w2t2te1q&refore all equipment
NOV 2 8 2018
Page 2 of 11
DCM-MHD CITY

52SilverwoodDrive - Stallings Boat Basin/Ramp %0 WithersRavenel
Merritt, Pamlico County
Oor Gpppre Yaur SucccSs
necessary to maintain the levees, pumps and water control devices must be transported in and out
by boat. The maintenance of the levees and other water control devices requires heavy
equipment, including tractors, bush hogs and backhoes. Additionally, all fuel for the water pumps
must be brought in by boat as well. Mr. Stallings primarily uses a 30-ft pontoon skiff (see attached
photos) to transport necessary maintenance equipment to the Swan Creek Tract impoundments.
Additionally, the 30-ft pontoon skiff is equipped with a 200-gallon fuel tank for refueling the water
control pumps. The frequency of trips necessary to maintain the vast amount of levees, water
control structures and water control pumps on the 2,000 acre Swan Creek Tract is significant. The
frequency of the trips to transport equipment to/from the Swan Creek Tract ranges from twice a
month to several times a week depending on the time of year. The equipment cannot be left on
the Swan Creek Tract, as unexpected storms could cause the equipment to be flooded with salt
water, thereby ruining the equipment. So the equipment must be transported in and out of the
Swan Creek Tract on each trip.
Mr. Stallings currently launches the 30-ft pontoon skiff from property his family owns in nearby
Whortonsville to transport equipment and fuel to the Swan Creek Tract impoundments. However,
the Whortonsville property no longer meets the needs for the Stallings family and is currently for
sale, and therefore may not be available for use much longer. Due to the frequency of trips to the
Swan Creek Tract required for proper maintenance of the impoundments, Mr. Stallings needs a
consistent and dedicated point access to the water. The proposed boat basin/ramp provides a
permanent location for the transport of equipment and fuel to the Swan Creek Tract
impoundments, as Mr. Stallings has no intention of ever selling this property.
Proiect Details
The proposed boat basin will be 65-ft landward of the NWL and 25-ft wide (1,625 sf). The boat
basin will be excavated within approximately 30-ft of non -coastal wetlands (404) down to a -3.3'
NWL. The proposed project will not result in impacts to coastal wetlands. The boat basin will be
constructed using an excavator, and spoil will be staged onsite in a designated 60-ft x 60-ft spoil
area in uplands outside of the Neuse River Riparian Buffers near the proposed gravel driveway.
The spoil staging area will be surrounded with silt fencing to prevent sediment from escaping into
nearby wetlands. Upon completion of excavation of the boat basin, the new shoreline will be
stabilized with vinyl bulkhead sheeting along with wooden wale, pilings and wall cap. The wall will
be secured with driven dead man tieback anchors. The south side of the basin will have a 4-ft
wide wooden walkway extending the entire length of the basin (65-ft long). The wooden walkway
is necessary to aid in the launch and retrieval of the skiff at the proposed boat ramp. The pilings
and wall sheeting will be installed using an excavator with a vibratory hammer. All other work will
be done using necessary hand tools required for proper construction methods.
A 21-ft wide x 40-ft long x 5.5-inch thick concrete boat ramp will be constructed, beginning 20-ft
landward of the boat basin and extending 20-ft waterward into the boat basin. The ramp will have
steel #4 rebar installed 12-inches on center squared and will be poured using 4000 psi concrete
that will have a rough finish to promote traction and prevent slipping. The ramp will be poured in
place by installing a temporary coffer dam and continuously pumping water until the concrete has
set. The water will be pumped into the adjacent uplands in order to allow the water to sheetflow
through the vegetation to allow filtration and trapping of sediment out by the vegetation prior to
reentering Pittman Creek. The coffer dams will provide primary sediment control during pumping,
RECEIVED
NOV 2 8 2018
Page 3 of 11
DCM-MHD CITY

52SilverwoodDrive - Stallings Boat Basin/Ramp %0 WithersRavenel
Merritt, Pamlico County VA 0 o,, P,w,� mu, s,,a,>,
and a floating turbidity curtain installed in Pittman Creek will provide secondary protection against
sediment from entering Pittman Creek.
Minor excavation within Pittman Creek is also proposed in order to provide a small t12-ft wide
channel from the basin to -2.0' depth to provide sufficient depth for the skiff to navigate in and
out of the boat basin. The proposed excavation will extend an average of 22.75-ft waterward to
reach a -2' nwl depth, where currently has an average water depth ranging from -0.5' to -1.65'
nwl. The 30-ft pontoon skiff has a draft of t10-inches when empty, and a draft of t18-inches
when fully loaded with equipment and fuel. Therefore, excavating a channel to reach -2.0' water
depth will provide sufficient water depths for navigation of the skiff when fully loaded with
equipment. The excavation of the small channel will be conducted using a long boom excavator
sitting on the shoreline. This method avoids the use of a floating dredge which would have
significant impacts to the PNA due to the turbidity caused during dredging activities. Spoil will be
deposited in the designated 60-ft x 60-ft spoil area. A floating turbidity curtain will be installed in
Pittman Creek around the proposed excavation area and anchored on the bank on both sides of
the excavation area, encapsulating the area to be dredged. The floating turbidity curtain will trap
all disturbed sediment, thereby protecting the water quality of the PNA within Pittman Creek. The
turbidity curtain will be left in place a minimum of two months after the excavation has been
completed in order to allow disturbed sediment to stabilize and turbidity levels return to normal in
order to prevent impact to the water quality within Pittman Creek and the PNA.
The proposed gravel driveway will begin at the existing driveway to the residence, and will run
north, then east to the boat ramp. The gravel driveway has been aligned to avoid the wetlands
and Neuse River Riparian Buffers until a perpendicular crossing is necessary to access the boat
ramp/basin.
Mr. Stallings and representatives of WithersRavenel attended a multi -agency scoping meeting was
held on July 31, 2018 with representatives from NCDCM, USACE, NCDWR, NCWRC, USFWS,
DMLR, NOAA NMF and NCDMF. Concerns raised by the agencies' representatives were taken
into consideration for this proposal.
Proposed Impacts
The proposed boat basin would excavate 679 sf of high ground and 871 sf of 404 wetlands. The
proposed access channel would excavate 263 sf of shallow bottom PNA habitat. The proposed
boat ramp, vinyl bulkhead, gravel driveway and spoil disposal area would fill 10,160 sf of high
ground and 1,611 sf of Section 404 wetlands. The northern terminus of the wingback wall of the
bulkhead has been designed to follow the coastal marsh line, thereby avoiding impacts to coastal
wetlands (Juncus roemerianus).
Additionally, the proposed project would result in permanent impacts to 1,041 sf of Zone 1 and
413 sf of Zone 2 of the Neuse River Riparian Buffers for construction of the driveway and boat
basin.
RECEIVED
Nov 2 8 2019
Page 4 of 11
DCM-MHD CITY

52 Silverwood Drive - Stallings Boat Basin/Ramp
Merritt, Pamlico County
Alternatives Analysis
Proposed Action - Construction of a Boat Basin/Rama
11 WithersRavenet
Our People. Your Success.
The proposed action consists of the construction of a 65-ft x 25-ft upland boat basin, a 21-ft wide
x 40-ft long concrete ramp, a gravel driveway to access the boat ramp/basin and minor excavation
to create a -2.0' deep channel (approximately 12-ft wide and an average of 22.75-ft long) to reach
-2.0 depth water.
The proposed boat basin/ramp, and its proposed location, was determined to be the most feasible
option with the least impacts to resources for the following reasons:
• The precise location on the property was chosen because this location has the least
amount of CAMA impact and minimal 404 wetland impacts. Virtually no coastal marsh
vegetation will be disturbed or excavated for construction of the small ±12-ft wide by
±22.75-ft long channel to provide access to the -2.0' water depth within Pittman Creek.
• The proposed boat ramp/basin allows for the equipment (tractors, bush hogs, bobcats,
backhoes, etc) to be loaded on the 30-ft pontoon skiff in a safe, controlled environment
over land. The skiff can be stabilized within the sheltered waters of the boat basin, making
loading/unloading of equipment safer than a dock and pier configuration.
The equipment can be stored and loaded/unloaded on Mr. Stallings property, rather than
having to be trailered offsite to a public boat ramp.
Once loaded, the skiff can navigate to the Swan Creek Tract impoundments through ±2.0
miles of relatively sheltered waters of Pittman Creek, Broad Creek and Green Creek
before entering the canals within the Swan Creek Tract (see attached exhibit). This is
important considering that when loaded with equipment the skiff can be susceptible to
capsizing in turbulent waters and waves during an unexpected storm. The navigation
route from the proposed project to Swan Creek Tract prevents the need to take the skiff
into the Neuse River, which is more susceptible to turbulent conditions during and
following a storm.
• There are no publicly accessible boat ramps that provide a closer point of access for
navigation to the Swan Creek Tract. The closest publicly assessable boat ramp is the
Vandemere Boat Ramp, which is located approximately 8-miles from the neakst`point of
the Swan Creek Tract.
• Various residences along Pittman Creek have existing docks and there are at least five
private boat ramps within Pittman Creek in the immediate vicinity of the project
Currently there is regular boat traffic within Pittman Creek as a result of the numerous
docks and boat ramps. The proposed boat basin would be private, with a single user and
therefore will not create new boat traffic within the PNA where boat traffic doesn't
currently take place.
• The boat basin/ramp would be hidden by the surrounding vegetation, and would not
affect the aesthetics of Pittman Creek for the property owners along Pittman Creek or
boaters in general.
• The 30-ft pontoon skiff used to transport equipment has a draft of ±10-inches when
empty, and a draft of ±18-inches when fully loaded with equipment and fuel. Due to the
low draft of the skiff, only minor excavation is needed to deepen a 22.75-ft long (average
length) x ±12-ft wide channel from an average of -1.65' water depth to a -2.0' water depth
RECEIVED
NOV 2 8 2018
Page 5 of 11
17CM-MHD CITY

52SilverwoodDrive - Stallings Boat Basin/Ramp %0 WithersRavenel
Merritt, Pamlico County 100 Ow Pcopic Vow Su<rnse
before reaching the natural -2.0' water depths within Pittman Creek. This will result in
the unavoidable excavation of 273 sf of shallow bottom habitat within the PNA.
The water depths within Pittman Creek are relatively stable, as this area experiences only
small tide fluctuations, except during significant storms when the wind tides fluctuate
more. Therefore, while the average water depth in the access channel and immediately
adjacent waters will only be -2.0' deep, this depth will be relatively stable and won't
prohibit the use of the boat basin/ramp except during extreme tidal fluctuations during a
prolonged storm event.
The small channel can be excavated using a long boom excavator which will sit on the
shoreline and reach out into the water. This eliminates the need for a floating dredge,
which causes significant impacts to the water quality within the PNA due to turbidity
during dredging operations. The proposed excavation method will protect the water
quality of the PNA within Pittman Creek.
The small amount of excavation within the PNA will be constructed in a manner to avoid
degradation of the water quality within the PNA. Specifically, a floating turbidity curtain
will be installed around the proposed excavation, which will be anchored to the shoreline
on each side of the excavation area. The floating turbidity curtain will capture sediment
stirred up during excavation, preventing sediment from escaping into Pittman Creek,
thereby protecting the water quality of the PNA. The floating turbidity curtain will remain
in place a minimum of two months after construction is complete, allowing sufficient time
for sediment to suspend and stabilize, further protecting the water quality within Pittman
Creek.
• By encapsulating the excavation area with a floating turbidity curtain, the temporary
impacts from turbidity during excavation are minimized and constrained to only the
excavation area.
• The proposed minor excavation within Pittman Creek will be completed during winter,
when spawning is not occurring and fish populations within the shallow waters of Pittman
Creek are at its lowest.
• The proposed activities will not result in the loss of designation of Pittman Creek as a
PNA, or alter the current use of Pittman Creek and therefore will not result in degradation
of the water quality within Pittman Creek.
• All proposed activities within the Neuse River Riparian Buffers are "Allowable", and
therefore a variance is not required. Specifically:
o A boat ramp is specifically defined as a water dependent structure in 15A NCAC
2B .0202 (67). Therefore, the proposed boat ramp/basin is classified as
"Allowable" in the Neuse River Riparian Buffer Rules Table of Uses.
o The Neuse River Riparian Buffers impacted for the construction of the boat basin
would be re-established around the boat basin with in -kind vegetation, which is
classified as "Allowable" in the Neuse River Riparian Buffer Rules Table of Uses.
o The proposed gravel driveway to the boat basin/ramp will cross the Neuse River
Riparian Buffers at a perpendicular angle, and will impact less than 40 If of riparian j
buffers, which is classified as "Allowable" in the Neuse River Riparian Buffer Rules
Table of Uses.
• The proposed project represents the least overall environmental impacts. `
RECEIVED
NOV 2 8 2018
Page 6 of 11
DCM-MHD CITY

52 Silverwood Drive - Stallings Boat Basin/Ramp ;! Withers Rave n e l
Merritt, Pamlico County
Alternative 1 - Construct a Pier and Platform with Slips
The construction of a pier and platform with a slip to dock the 30-ft pontoon skiff is neither a
feasible nor practical alternative for the following reasons:
• The pier and platform would need to be constructed to be structurally sound enough to
support large equipment (tractors, bush hogs, bobcats, backhoes, etc) weighing several
thousands of pounds. Additionally, the pier and platform would need to be at least 12-ft
wide, double the width of a typical pier, in order to safely drive equipment down the pier
to the skiff, resulting in a very wide, massive pier/platform. Such a massive structure would
create a navigational hazard for boaters accessing Pittman Creek from the northeast of the
project. The aesthetics of a structure of this magnitude would not blend into the typical
landscape of Pittman Creek, creating a blight on the landscape which would most likely be
opposed by the other property owners along Pittman Creek.
• Large equipment (tractors, bush hogs, bobcats, backhoes, etc) would need to be driven
down the dock, and then driven onto the skiff over deeper, open waters. This creates a
significant safety issue, as the skiff could not be stabilized sufficiently within the deeper
waters to safely load and unload equipment. The potential for an accident resulting in loss
of equipment or even life is much greater than the proposed boat basin/ramp.
• The 30-ft pontoon skiff has a 200 gallon fuel tank used to fuel the water pumps within the
Swan Creek Tract. Transporting 200 gallons of fuel in 5-gallon containers down the pier
to the skiff is simply not feasible. Transferring 200 gallons of fuel into a tank 5 gallons at
a time greatly increases the likelihood of a fuel spill, thereby creating an unnecessary risk
of a fuel spill within the PNA of Pittman Creek.
Alternative 2 - Utilize Existing Public Boat Ramps
Utilizing public boat ramps is not a feasible alternative. WithersRavenel reviewed the NC Wildlife
Resource Commission's online Boating Access Area Locator, located at:
htti)s://www.ncpaws.org/wrcmapbook/baa.aspx, to identify publicly accessible boat ramps in the
vicinity of the Swan Creek Tract. Based on the online Boating Access Area Locator, the two closest
public boat ramps are:
• Oriental Boat Ramp - Located at 100 Midyette Street in Oriental on Smith Creek.
o (Lat: 35.025662°N;-76.700664°W)
o Travel route is approximately 11 miles from Oriental boat ramp to the Swan Creek
Tract canal entrance (See Oriental Boat Ramp Travel Route Exhibit).
o Travel route from Oriental Boat Ramp to the Swan Creek Tract requires navigation «
through Smith Creek, Greens Creek, the Neuse River, Broad Creef and Green
Creek to the Swan Creek Tract canal entrance.
Launching from the Oriental boat ramp is not a feasible alternative due to the following reasons:
• The Oriental boat ramp is located 9 miles further from the Swan Creek Tract than the
proposed project, resulting in substantially longer travel times to transport equipment and
fuel to the Swan Creek Tract.
• Navigating from the Oriental boat ramp would require navigation through t9 miles of the
Neuse River. The Neuse River is not sheltered, and during and after storms the waters
can be churned up to white capping waves resulting in frequent small craft advisories. As
previously mentioned, when loaded, the 30-ft skiff can be susceptible to capsizing in
RECEIVED
NOV 2 8 2018 Page 7 of 11

52 mitt, Pamlico
Drive -Stallings Boat Basin/Ramp ;! Withers Rave n e l
Merritt, Pamlico County
Our DeoDte Vow Success
turbulent water and waves. Due to the distance from the Oriental boat ramp to the Swan
Creek Tract, the likelihood for getting caught in an unexpected storm would be greatly
increased, creating a safety hazard for transporting equipment to/from the Swan Creek
Tract and increasing the potential for loss of the boat, equipment and human life from the
skiff capsizing.
The hazards associated with navigating the Neuse River during choppy waters would
require that equipment be transported only during days of forecasted clear weather,
greatly reducing the ability to transport equipment to/from the Swan Creek Tract. This
will adversely affect the ability to properly maintain and service the water control
structures and fuel the water pumps when needed.
The logistics of utilizing this public boat ramp renders this alternative as unfeasible due to:
o The Oriental boat ramp is a small facility, with only 2 ramps and 20 boat trailer
spaces.
o The 30-ft pontoon skiff cannot be transported on its trailer when loaded with
thousands of pounds of equipment (tractors, bush hogs, bobcats, backhoes, etc).
Therefore the skiff and equipment would need to be trailered separately to the
boat ramp. This would result in the use of 2 of the 20 truck/trailer parking spaces,
thereby reducing the ability for the general public to utilize the boat ramp.
o The skiff would need to be launched, and then the equipment would need to be
unloaded from the trailer and driven onto the skiff. This process of launching the
skiff, unloading the equipment from the trailer, loading the equipment onto the
skiff and parking both trucks and trailers would take close to an hour. Therefore,
1 of the 2 ramps would be tied up for close to an hour before the skiff could launch.
This process would be repeated at the end of the day when the equipment and
skiff would be extracted. The logistics of unloading/loading this type of equipment
on/off trailers and the skiff at a public boat ramp would cause major congestion
and chaos for other boaters using such a small boat ramp facility. This also creates
a public safety hazard.
Vandemere Boat Ramp - Located at 86 Griffin Road in Vandemere on Log Pond Creek.
o (Lat: 35.185744°N;-76.664074°W)
o Travel route is approximately 8 miles from Vandemere boat ramp to the Swan
Creek Tract canal entrance (See Vandemere Boat Ramp Travel Route Exhibit).
o Travel route from Vandemere boat ramp to the Swan Creek Tract requires
navigation through the Bay River, Bonner Bay and Deep Oak Gut to the canal
entrance on the northern end of the Swan Creek Tract.
Launching from the Vandemere boat ramp is not a feasible alternative due to the following
reasons:
• The Vandemere boat ramp is located 6 miles further from the Swan Creek Tract than the
proposed project, resulting in substantially longer travel times to transport equipment and
fuel to the Swan Creek Tract.
• Navigating from the Vandemere boat ramp would require navigation through t5 miles of
the Bay River. The Bay River is not sheltered, and during and after storms the waters can
be churned up to white capping waves resulting in small craft advisories. As previously
mentioned, when loaded, the 30-ft skiff can be susceptible WttuifA& turbulent water
NOV 2 8 2018
Page 8 of 11
DCM-MHD CITY

52SilverwoodDrive - Stallings Boat Basin/Ramp ;! WithersRavenel
Merritt, Pamlico County ow P'.plo You, so<a:.5
and waves. Due to the distance from the Vandemere boat ramp to the Swan Creek Tract,
the likelihood for getting caught in an unexpected storm would be greatly increased,
creating a safety hazard for transporting equipment to/from the Swan Creek Tract and
increasing the potential for loss of the boat, equipment and human life from the skiff
capsizing.
The hazards associated with navigating the Bay River during choppy waters would require
that equipment be transported only during days of forecasted clear weather, greatly
reducing the opportunities to transport equipment to/from the Swan Creek Tract. This
will adversely affect the ability to properly maintain and service the water control
structures and fuel the water pumps when needed, possibly delaying maintenance for
weeks at a time depending on the time of year.
The logistics of utilizing this public boat ramp renders this alternative as not feasible due
to:
o The Vandemere boat ramp is a small facility, with only 2 ramps and 30 boat trailer
spaces.
o The 30-ft pontoon skiff cannot be transported on its trailer when loaded with
thousands of pounds of equipment (tractors, bush hogs, bobcats, backhoes, etc).
Therefore the skiff and equipment would need to be trailered separately to the
boat ramp, resulting in at least 2 trucks/trailers traveling to the boat ramp. This
would result in the use of at least 2 of the 30 truck/trailer parking spaces, thereby
reducing the ability for the general public to utilize the boat ramp.
o The skiff would need to be launched, and then the equipment would need to be
unloaded from the trailer and driven onto the skiff. This process of launching the
skiff, unloading the equipment from the trailer, loading the equipment onto the
skiff and parking both trucks and trailers would take close to an hour. Therefore,
1 of the 2 ramps would be tied up for close to an hour before the skiff could launch.
This process would be repeated at the end of the day when the equipment and
skiff would be extracted. The logistics of unloading/loading this type of equipment
on/off trailers and the skiff at a public boat ramp would cause major congestion
and chaos for other boaters using such a small boat ramp facility. This also creates
a public safety hazard by having large equipment moving around a public facility.
Finally, there are no privately owned existing boat ramps in the area that are open for public use.
The Paradise Cove Marina, located on the south side of Broad Creek, approximately 2.0 miles
south of the project, historically allowed non -owners to utilize the boat ramp for a small fee.
However, the property was recently sold to a new owner who has closed the ramp to the public.
Additionally, there are no known existing boat ramps on private residential lots that are available
for lease to launch the 30-ft pontoon skiff loaded with equipment as an alternative. The residential
lots containing existing boat ramps are not of sufficient size to handle the logistics associated with
bringing in multiple trucks/trailers with the skiff and equipment and loading/offloading within
someone's yard. Therefore, there are no private boat ramps in the vicinity open to public use that
could be used to launch the 30-ft skiff, and the use of another citizen's privately owned existing
boat ramp is not a feasible alternative.
RECEIVED
NOV 2 8 2018
DCM-MHD CITY
Page 9 of 11

i•
M mitt, Pamlico
Drive -Stallings Boat Basin/Ramp ;0 Withers Rave n e l
Merritt, Pamlico County
4w GcoV''.c Your Success
Alternative 3 - No Action
The No Action Alternative is not feasible for the following reasons:
• The current launch utilized for transport of equipment and fuel to the Swan Creek Tract is
located on property in nearby Whortonsville, which is currently for sale. As such, once
the property is sold, Mr. Stallings will no longer have access to the boat ramp.
• As previously specified, the use of the public boat ramps at Oriental and Vandemere are
not a feasible alternative for water access to transport the equipment and fuel necessary
to maintain the Swan Creek Tract impoundments. Therefore, Mr. Stallings would not have
a feasible location to transport equipment to and from the Swan Creek Tract
impoundments.
• Without a permanent dedicated water access for the 30-ft skiff, Mr. Stallings will no longer
be able to conduct the necessary maintenance of the Swan Creek Tract impoundments.
As previously mentioned, construction of brackish managed impoundments is no longer
allowed due to current environmental regulations. Therefore, if the levees, water control
structures and water pumps are not properly maintained, the impoundments will fall into
disrepair and ultimately fail, resulting in the loss of function and historic use of the Swan
Creek Tract as a waterfowl impoundment, and ultimately the loss of very unique and
important waterfowl habitat.
Mitigation
Proposed permanent 404 wetland impacts (2,482 sf) are less than 0.10 acres, and therefore
wetland mitigation is not proposed.
All proposed activities are classified as "Allowable" in the Neuse River Basin Riparian Buffer Rules
Table of Uses, and therefore buffer mitigation is not required.
In conclusion, the project proposes the least environmental impact to estuarine resources while
accomplishing the needs to service the Swan Creek Impoundments. The project has been sited
and designed to avoid significant adverse impacts on the PNA and coastal wetlands and to not
violate state water quality standards.
Adjacent Property Owner Notification.
The CAMA Major Development Permit application and Adjacent Riparian Property Owner
Statement was submitted to the two adjacent riparian property owners, Judy McLawhorne and
Don & Nancy Nobles via certified mail. The signed return receipt from Ms. McLawhorne has been
provided with this application.
The USPS attempted to deliver the notification to Don & Nancy Nobles on 10/22/18 but there
was not a recipient available to sign for the package. A second notice was left at the residence
notifying them that the package was to be picked up at the Pine Tops Post Office. The package
was never picked up, and after the require 14 day holding period, the USPS processed the package
for returned to sender on 11/9/18. To date, WithersRavenel has not received the returned
package. We are providing the Certified Mail Receipt, along with the tracking information
RECEIVED
NOV 2 8 2018
DCM-MHD CITY
Page 10 of 11

52
Merritt,
DCountyStallings Boat Basin/Ramp ;0 WithersRavenel
Merritt, Pamlico County
Our Geop'.c Yow Success
provided by the USPS as documentation that an attempt was made to provide Don & Nancy
Nobles the adjacent property owner notification packet.
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Attachments:
• CAMA Major Permit Application Forms
o MP-1 - Applicant Info
o Mp-2 - Excavation and Fill
o MP-3 - Upland Development
• Adjacent Property Owner Notification Certified Mail Return Receipts
• Agent Authorization
• Property Deed
• USGS Quad
• Pamlico County Soil Survey
• Photographic Documentation
• Oriental Boat Ramp Travel Route
• Vandemere Boat Ramp Travel Route
• Contractors Drawings
• Survey/Impact Maps
RECEIVED
NOV 2 8 2018
DCM-MHD CITY Page 11 of 11

40 WithersRavenel
4ioOur PcoplcVnur Socccss.
CAMA MAJOR PERMIT
APPLICATION FORMS
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

DCM MP-7
APPLICATION for
Major Development
(last revised 12/27106)
Permit
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
N/A
N/A
Applicant 1: First Name
MI
Last Name
Robert
L
Stallings IV
Applicant 2: First Name
MI
Last Name
N/A
N/A
N/A
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
N/A
12327
New Bent
NC
ZIP
Country
Phone No.
FAX No.
28561
USA
252-671-5959 ext.
252-633-3125
Street Address (d different from above)
city
State
ZIP
N/A
N/A
NIA
N/A -
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Withersravenel, Inc
Agent/ Contractor 1: First Name
MI
Last Name
Troy
H
Beasley
Agent/ Contractor 2: First Name
MI
Last Name
N/A
N/A
N/A
Mailing Address
PO Box
City
State
219 Station Road, Suite 101
N/A
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28405
910 - 509 -6512
ext.
910-622-0122 ext.
FAX No.
Contractor M
N/A
N/A
Street Address (if different from above)
City
State ZIP
N/A
N/A
N/A N/A -
Email
[e-mail]
<Form continues on back> RECEIVED
NOV 2 8 2018
DCM-MtHD CITY

Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
Stale Rd. #
Pamlico
52 Silverwood Drive
1328
Subdivision Name
city
State
Zip
N/A
Merritt
NC
28556 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
N/A - ext.
N/A, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse River (HUC: 03020204)
Pittman Creek (Stream Index: 27-141-6)
a Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade []Unknown
Broad Creek
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Pamlico County
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
13531f
1.154,340 sf
a Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
26.5 acres, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
4.0' ❑NHW or ®NWL
e.
Vegetation on tract
Vegetation within the project area mainly consists of loblolly pine and other native trees and shrubs. There are coastal
wetlands (Juncus roemerianus) and non -coastal (404) wetlands within the project area.
f.
Man-made features and uses now on tract
Single family dwelling, gravel driveway, dock and seawall.
g.
Identify and describe the existing land uses adlacent to the proposed project site.
The land use adjacent the project site consists of undeveloped woodlands.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
No zoning in this area.
(Attach zoning compliance certificate, if applicable)
❑Yes []No SNA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes SNo ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
NOV 2 8 2018
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagtywlp_n1tApd CITY

Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes []No
(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
Convetional septic system
o. Describe existing drinking water supply source
County municiple water
p. Describe existing storm water management or treatment systems.
N/A - low density development
5. Acdvides and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliefGovernment
®Privata/Communily
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed project consists of the construction of a gravel driveway, bulkheaded boat basin, concrete boat ramp and minor
excavation within Pittman Creek. The proposed project is necessary to provide a permanent water access to facilitate
maintenance of the Swan Creek Tract, located approximately 2-miles east of the proposed project location. The Swan Creek
Tract contains over 2,000 acres of brackish impoundments that are owned by Mr. Stallings' family and maintained by Mr.
Stallings.
The proposed project will provide a permanent dedicated launch for the 30-ft pontoon skiff to transport equipment and fuel
to/from the Swan Creek Tract for maintenance of the pumps and structures associated with the impoundments. The Swan
Creek Tract is only accessible by boat, and therefore all equipment necessary to maintain the levees, pumps and water
control devices must be transported in and out by boat. The 30-ft pontoon skiff is customized to transport equipment
(tractors, bush hogs, bobcats, etc) to the Swan Creek Tract and navigate the small canals in and around the impoundments.
Equipment is driven onto the skiff, and transported to the Swan Creek Tract through a small canal, where it is driven off the
skiff onto the dikes/levees for maintenance of the structures. The water pumps are refueled and maintained by navigating
the 30-ft skiff through the network of small canals and ditches to each water pump. A larger boat would not be able to
navigate the network of small canals.
o 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.
Basin to be excavated and bulkhead/dock to be installed using an excavator. Proposed 12-ft wide x t23-ft long channel to
access -2' nwl depth will be excavated using an excavator sitting on the shoreline. All excavated material for the boat basin,
ramp and access channel will be stored in a 60-ft x 60-ft spoil area located adjacent to the project area in uplands. All
equipment will be stored on land adjacent to the sit for the duration of the project.
d. List all development activities you propose.
Excavate the boat basintramp, excavate a small access channel, install bulkhead, install boat ramp, install gravel driveway.
e. Are the proposed activities maintenance of an existing project, new work, or both? new work
f. What is the approximate total disturbed land area resulting from the proposed project? 0.35 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No []NA
that the public has established use of?
ECEIVED
NOV 2 8 2018
252-808.2808 :: 1-888.4RCOAST :: www.nccoasta 1MaWQQLTVt

I•
Form DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
wastewater or stormwater be discharoed into a
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA
j, Is there any mitigation proposed? UYes QgNo LJNA
If yes, attach a mitigation proposal.
<Form continues on back>
6. Addidonallnformadon
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) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items bebw.
a. A project narrative-
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
it. 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 certilied 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 Don and Nancy Nobles Phone No.
Address 3608 NC I I I South, Pinetops, NC 27864
Name Jane McLawhorne Phone No. 252-633.1345
Address 5909 NC Hwy S., New Bern, NC 28562
Name N/A Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates.
67780 CAMA - 08130/2016
h. Signed consultant or agent authorization form, lt applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Caroli 'r mental Policy Ad.
252.808.2808 :. 1-888-4RCOAST :: www.nccoastalmanagement.net
DCM-MHD CITY

•
Form DCM MP-1 (Page 5 of 5) APPLICATION for
Major Development Permit
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the oeveiopment aescnoea in me appucation.
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 _9/2712018 Print Name _Troy Beasley - WithersRavenel - Authorized Agent_
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
RECEIVED
NOV 2 S 2018
nrm-MHD CITY
252-808.2808 1.888-41RCOAST :: www.nccoastaimanagement.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
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.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
±23
65
40
Width
12
25
21
Avg. Existing
1 65
+2.7
+2.7
NA
NA
Depth
Final Project
2.0
3.3
+2.7 to -3.3
NA
NA
Depth
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
9.75 cubic yards
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
[]CW _ ❑SAV ❑SB
OWL El ❑None
(ii) Describe the purpose of the excavation in these areas:
Installation of boat ram and basin
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Adjacent to the project area (see drawing) in upland area
outside of the Nauss River Buffers and undistrubed
wetlands
c. (i) Do you claim title to disposal area?
®Yes []No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of disposal in these areas.
N/A
b.
dirt, sand and muck
excavated.
[]This section not applicable
d. High -ground excavation in cubic yards.
150 cubic yards
[I This section not applicable
b. Dimensions of disposal area.
60ftx6oft
d. (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
III) If yes, where?
f. (i) Does the disposal include any area in the water?
[]Yes ONO ❑NA
(ii) If yes, how much water area is affected?
N/A
RECEIVED
NOV 2 8 2018
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net DCM-MHD CITYbvised: 12126106

1•
Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION
(if development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b.
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other _
c. Average distance waterward of NHW or NWL: Bulkhead will be d.
installed landward of the NHW line
e. Type of stabilization material:
Vinyl sheet pile and wooden timber framing
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 0 Riprap 0
Breakwater/Sill0 Other
i. Source of fill material.
WA
❑This section not applicable
Length: 204 If
Width: 12 If
Maximum distance waterward of NHW or NWL: 0 it
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
WA
h. Type of fill material.
N/A
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yea []No ®NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
(ii) Amount of material to be placed in the water _ other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(iii) Dimensions of fill area _ ❑CW ❑SAV _ ❑SB
(iv) Purpose of fill ❑WL ®None
(ii) Describe the purpose of the fill in these areas:
15. GENERAL
a. How will excavated or fill material be kept on site and erosion
b. What type of construction equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dredge)?
Excavated material will be mounded up within the spoil area and
excavator
will be surrounded by sift fencing.
d. (i) Will wetlands be crossed in transporting equipment to project
a (i) Will nav'x� ational aids be required as a result of the project?
❑Yes ®No ❑NA
site? ®Yes []No ❑NA
(h) If yes, explain what type and how they will be implemented.
(ii) If yes, explain steps that will be taken to avoid or minimize
N/A
environmental impacts.
Access for the excavation of the access channel will occur within
the footprint of the twat ramp/basin, which will be ultimately
permanently impacted. During construction, temporary wood
logging mats and silt fencing will be used to prevent disturbance
to the unimpacted wetlands.
NOV 2 8 2018
252.808.2808 :: 1-888.4RC0A8T :: www.nccoastalmanagement.net
DCM-MHD CITYvised: 1226,06

u
9/27/18
Date
52 Silverwood Drive - Stallings Upland Boat Basin
Project Name
Robert L Stallings, IV
Applicant
Applicant SVhature
4.
r
RECEIVED
NOV 2 8 2018
252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagenwnt.nat revised: 12126/06

•
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed
Gravel driveway - dimesions 328 If long x 20 If wide (6150
sf)
c. Density (give the number of residential units and the units per
acre).
N/A
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
[--]Yes []No UNA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious andlor built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
0.04 %
Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
0.75%
Describe proposed method of sewage disposal.
N/A
1. Describe location and type of proposed discharges to waters of the
state (eg., surface runoff, sanitary wastewater, industriaU
commercial effluent, "wash down" and residential discharges).
surface runoff
b Number of lots or parcels.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
0.35 acres (15,246 sf)
f. List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
marl/granite gravel stone
In Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ❑No ❑NA
(ii) If yes, list the date submitted: _6/8/18
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
RECEIVED
NOV 2 8 2018
252-808-28082 :: 1.888-4RCOAST :: www.nccoastaImanagement.net
revised: 12:2&06

Is
Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e g., well,
community, public system, etc.)
N/A
o. When was the lot(s) platted and recorded?
12/27/2007
9/27/18
Date
52 Silverwood Drive - Stallings Upland Boat Basin
Project Name
Robert L. Stallings, IV
Applicant Name
Applicant Signedire
n. (i) Will water be impounded? ❑Yes ENO ❑NA
(it) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ❑No SNA
RECEIVED
252-808-2808 :: 1.888.4RCOA3T :: vrww.neeoastahnanAlLe"nt.net revised: 12/26/06
DCM-MHD CITY

is
10 WithersRavenel
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ADJACENT PROPERTY OWNER NOTIFICATION
CERTIFIED MAIL RETURN RECEIPTS
RECEIVED
NOV 2 8 2018
IDCM-MHD CITY

■ Complete hems 1, 2, and 3.
all Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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PS Form 3811, July 2015 PSN 7530-02-000-9053
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NOV 2 9 2018
DCM-MHD CITY

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RECEIVED
NOV 2 a Mt
DCM-MHD CITY

USPS Tracking Intranet Page 1 of 2
Litip
Product Tracking & Reporting �.
Mam. Rates? USPS Corporate ,T _. a. 61try p7R lEDW
Cor.:•nitmentr. AfAnlnii
USPS Tracking Intranet Tracking Number Result
^ATTENTION' Please note that "Scheduled DeliveryDate from the ISC" is i showing "b 8:
s incorrectly fig y ODpm" on the Internet and Intranet
tracking rosults papa for international items. Until this is fixed on the papa, please disregard the time of "by 8:00pm" and adhere to the
correct commitment time of 3•'00pm; deliverieslattempts after 3.00pm fail service Thank you for your support.
Last Updated: 813012018
Res uit for Domestic Tracking Number 7017 2620 0000 4548 8761
Destination and Origin
Destination
278619380 PiNFTOPSNC
Origin —I
;v.;:1919. Wi MINGTCN NC
Trackinn Number Classification
classise"ice
Classminvice: First -Class Certified Mall
Class of Mail CodelDescrlption: FC I First Class
Destination Address Infornmition
Address:
3068 NC I I I S
City:
PINETOPS
State:
NC
6-Digit ZIP Code:
27864
4-0191t ZIP Code add on:
9360
Delivery Point Code:
68
Record Type Code:
S"veet Record
Delivery Type:
Resioan;isl, Sidewalk
Origin I Return I Pickup
Address Information
Adorns:
City:
State:
6-0igit ZIP Code:
18411
4-Digit ZIP Code add on:
9192
Service Delivery Information
service Performance Dote:
rxpecled Delivery by. Monday, 1012212018 by 8:00pm
Network Predicted Delivery Date:
Monday. 10122/2018
E.xperted Delivery on (Notification Delivery Date):
Monday. 1012212918 by 8:00pm
Expected Delivery between:
10:25- 12.25
Expected Delivery Displayed Externally?:
Check service calculation Information page
Zone:
01
PO Box:
N
Other Information
"aeeD.154_Qli�1.8gtion nticmmalan
Payment
Payment Type:
Other Postage
Payment Account Number:
000000000000
Postage:
62.88
WMght:
0lb(s) 10 W..($)
Rate Indicator:
SINGLE PIECE - FLAT
Other Information
Related Product: 9590 9402 2232 8193 925E 51
RECEIVED
NOV 2 8 2018
DCM-MHD CITY
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NOV 2 8 2018
DCM-MHD CITY
https://pts-2. usps.gov/pts2-web/tcltitranet FrackingNtimResponse?label=70172620000049... 11 /26/2018

10 WithersRavenel
Our PcoplcYour Sua css_
AGENT AUTHORIZATION
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

%0 WithersRavenel
101 Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Robert L. Stallings IV (Client) does hereby appoint WithersRavenel.
Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and
federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for the Stallings Boat Ramp Basin. located on
Pittman Creek in Pamlico County at 52 Silverwood Drive in Merritt NC 28556
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Date: 2- 2-Z- — �S
Agent's Name, Address &Telephone: Signature of Client:
WithersRavenel.Inc.
(Name - Print) (Titlee-
115 MacKenan Drive /)
Cary. NC 27511 (Signature)
Tel.[phone] Po 91�7K
Mailing Address
Nw► �ti t4 2-,SS t
City State Zip
Phone: ZSL - (033 - C2p(
Email:��+����n�Sr� Pa�ernav�c.�ion%a�S. Cows
RECEIVED
115 MacKenan Drive I Cary, NC 27511
t: 919.469.33401 f: 919.467.60081 www.withersravenel.com 1 License No. C-0832 NOV 2 S 2018
Cary I Greensboro I Pittsboro 1 Raleigh I Wilmington
DCM-MHD CITY

10 WithersRavenel
Our P,.,k Your Suacs',.
PROPERTY DEED
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

3u 4
RETURNED TO'. >SC 0 k
DATE RETURNED:
Doc ID: 002513610003 Type: CRP
Recorded: 01,05/2017 at 12:10:05 Ph
Fee AM: $294.00 Pape 1 of 3
Revenue Tax: $268.00
Pamlico, NC
Lynn H. Lewis Reqister of Deeds
BK621 po547-549
NORTH CAROU NA Tax Panel # L08-37-3
PAMLICO COUNTY Rewsm Stamps $ - --
THIS DEED, made this 0 1 day of 2016, by and between
ROBERT L. STAT LINGS, IV (referred to herein as "Grantor, whose mailing address is PO
Box 12327, New Ban. NC 28561, to DAVID MADISON FORBES STALLINGS (Teferr d to
herein e"), /as "Grantewhose mailing address is
;_ of 0)Ftorcl Rear (Zale+'j NC 27we .isasfollows:
WITNESSETH:
That the Grantor in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration to Grantor paid by the Grantee, the receipt of which is hereby
acknowledged, has bargained and sold, and by these presents des bargain, sell, and convey unto
the Grantee, a %, interest in and to the property described in EXHIBIT A ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE, which said property does not include the
primary residence of the Grantor.
TO HAVE AND TO HOLD, a/s interest in and to the above described lot or parcel of land
and all privileges end appurtenances thereunto belonging to the Grantee, in fee simple forever,
subject to the herein mentioned encumbrances, if any.
And the Grantor covenants to and with the Grantee that Grantor is seized of said premises in
fee and has the right to convey same in fee simple; that the same am free from encumbrances except
Prepared by.
Sumnll, Sugg, Ca nicheel, Nicks and Hut, PA
Attorneys at Taw
416 Pollock Shut
New Hem, North Carolina 28560
NO TITLE EXAM REQUESTED OR PERFORMED
WITHOUT SEPARATE, WRITTEN OPOHON ON TITLE
SIGNED BY PREPARER
RECEIVED
NOV 2 8 2018
DCM-MHD CITY
Book:621 Page: 547 Seq: 1
it -

UUS, 49
the herein mentioned encombrsncus, if any, ad valorem taxes for the current year (prorated through
the date of closing), utility easements and unviolated restrictive covenants that do not materially
affect the value of said premises and such other encumbrances as may be assumed or specifically
approved by Grantee in writing; and that Grantor will warrant and defend the title to the same
against the lawfirl claims of all persons whomsoever.
Grantor is executing this instrument without the joinder of Grantor's spouse, pursuant to that
certain Postmarital Agreement recorded in Book 1695 Page 620 of the Craven County Registry.
The designations Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, as the case may be.
IN TESTIMONY WHEREOF, the Grantor has executed this instrument in such form as to
be binding, this the day and year first above written.
(SEAL)
ROB991,LeSTALLINGS,IV
ACKNOWLEDGEMENT
The undersigned Notary Public does hereby certify that ROBERT L. STALLINGS, IV
personally appeared before such Notary Public this day in the State of %i C- and
County or City of "In./ and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this 7r! T day of /f(1J 8 t L,, 2016
My Commission Expires: NOT
/Z 171-17
NOTARY
PUBLIC
NOTARY SEALISTAMP MUST APPEAR
LEGIBLY IN BOX TO RIGHT
RECEIVED
NOV 2 8 2018
DCM-MHD CITY
Book:621 Page: 547 Seq:2

;;ii549
EXHIBIT "A"
USING THE DECLINATION AS STATED IN DEED BOOK 267, PAGE 902 OFFSET TO
THE EAST 07'4615"; STARTING FROM A PH NAIL FOUND IN THE CENTERLINE OF
THE BRIDGE AND OVER THE MIDDLE OF SPRING CREEK, LOCATED ON STATE ROAD
1327, THENCE S 48'45'54" E AT A DISTANCE OF 120.24 FEET; THENCE S
48'45'55" E AT A DISTANCE OF 84.23 FEET; THENCE S 47'03134" E AT A
DISTANCE OF 87.49 FEET; THENCE S 42'02'32" E AT A DISTANCE OF 71.09
FEET; THENCE S 35'48'23" E AT A DISTANCE OF 74.46 FEET; THENCE S
32'03'33" E AT A DISTANCE OF 21.55 FEET TO AN IRON ROD SET AT
INTERSECTION OF WHORTONVILLE RD ALSO KNOWN AS SR 1327 AND ROAD 1;
THENCE FOLLOWING A TIE LINE S 73'02'56" E AT A DISTANCE OF 38.12 FEET
TO A RAILROAD IRON; THENCE N 60'25'00" E AT A DISTANCE OF 210.32 FEET;
THENCE S 32'58'08" E AT A DISTANCE OF 343.00 FEET TO AN IRON PIPE
FOUND; THENCE S 55'46'53" W AT A DISTANCE OF 220.32 FEET TO AN IRON
PIPE FOUND; THENCE S 31'37'16" E AT A DISTANCE OF 486.89 FEET; THENCE S
29'12'49" E AT A DISTANCE OF 387.88 FEET; THENCE 5 26'34140" E AT A
DISTANCE OF 1217. 94 FEET TO AN IRON ADD FOUND; THENCE S 76'08108". W AT
A DISTANCE OF 901.57 FEET TO AN IRON ROD FOUND; THENCE S 02'59112" E AT
A DISTANCE OF 1245. 07 FEET TO AN IRON ROD SET; THENCE FOLLOWING A TIE
LINE S 02'59'12" E AT A DISTANCE OF 75.19 FEET TO AN IRON ROD SET;
THENCE 5 53'05'14" E AT A DISTANCE OF 70.82 FEET; THENCE S 49'21'57" E
AT A DISTANCE OF S9.04 FEET; THENCE S 45'42'43" E AT A DISTANCE OF
85.10 FEET; THENCE S 42*061050 E AT A DISTANCE OF 62.31 FEET; THENCE S
39'20'40" E AT A DISTANCE OF 33.87 FEET; THENCE S 36*541280 E AT A
DISTANCE OF 33.89 FEET; THENCE S 33*51101" EAT A DISTANCE OF 144.27
FEET; THENCE 5 32'55'45" E AT A DISTANCE OF 224.44 FEET; THENCE S
32'55'04" E AT A DISTANCE OF 243. FEET TO AN IRON ROD SET; THENCE
FOLLOWING A TIE LINE N 56056'51a E AT A DISTANCE OF 30. 00 FEET TO A
MAGNETIC NAIL FOUND; THENCE FOLLOWING A TIE LINE N 34'34'06" E AT A
DISTANCE OF 32.48 FEET TO AN IRON ROD SET; THENCE FOLLOWING A TIE LINE
S 33'01'23" E AT A DISTANCE OF 56.59 FEET TO AN IRON ROD SET; THIS
BEING THE POINT OF BEGINNING FOR PAM 12 EAST SIDE, THENCE N 64'54'22" E
A DISTANCE OF 35.70 FEET; THENCE N 85'43'30" E A DISTANCE OF 141.56
FEET; THENCE N 87'48118" E A DISTANCE OF 190.05 FEET, THENCE N
87'48'29"-E A DISTANCE OF 124.34 FEET TO AN IRON ROD SET; THENCE 5
12'22'43" N A DISTANCE OF 67.15 FEET TO AN IRON ROD SET LOCATED IN
DITCH CENTERLINE; THENCE FOLLOWING DITCH CENTERLINE S 42'55'07" E A
DISTANCE OF 58.73 FEET; THENCE 5 37'05'36' E A DISTANCE OF 54.58 FEET;
THENCE 5 31'56'02" E A DISTANCE OF 40.80 FEET; THENCE 5 61'28'21" E A
DISTANCE OF 156.25 FEET; THENCE S 50'13'21" E A DISTANCE OF 40.46 FEET;
THENCE S 10'34'33" E A DISTANCE OF 2.86 FEET, THENCE S 67'51'16" E A
DISTANCE OF 199.18 FEET; THENCE S 37'35'36" E A DISTANCE OF 2.99.44 FEET
TO CANAL INTERSECTION;-THENCE'N 55'02'58" E A DISTANCE OF 76.31 FEET;
THENCE N 58'53'19" E A DISTANCE OF 94.23 FEET; THENCE N 68'12'20" E A
DISTANCE OF 108.83 FEET; THENCE S 71'06'40" E A DISTANCE OF 65. 88 FEET;
THENCE N 73'07'06"E A DISTANCE OF 49.21 FEET; THENCE S 74'42'17" E A
DISTANCE OF 109.88 FEET; THENCE S 30'16'26" E A DISTANCE OF 87.33 FEET;
THENCE S 68'58'50" E A DISTANCE OF 2.45 FEET, THENCE S 35'54'45" E A
DISTANCE OF 53.10 FEET; THENCE S 27'25'I1" E A DISTANCE OF 46.55 FEET;
THENCE S 22'21'55" N A DISTANCE OF 34.53 FEET; THENCE 5 08'04'47" E A
DISTANCE OF 45.47 FEET; THENCE S 82'04'00- E A DISTANCE OF 40.18 FEET;
THENCE S 54'32'02" E A DISTANCE OF 170.86 FEET; THENCE S 13'28'04" W A
DISTANCE OF 51.77 FEET; THENCE 5 18'S3'17" W A DISTANCE OF 39.33 FEET;
THENCE S 07'47'17" E A DISTANCE OF 34.03 FEET; THENCE S 43'29156" E A
DISTANCE OF 52.88 FEET, THENCE 5 39'47112" W A DISTANCE OF 82.20 FEET;
THENCE S 06'22'07" E A DISTANCE OF 16.15 FEET; THENCE S 30'53'56" W A
DISTANCE OF 44.18 FEET; THENCE S 71'10'04" W A DISTANCE OF 47.00 FEET;
THENCE S 40'36'48" W A DISTANCE OF 19.96 FEET TO AN IRON ROD FOUND;
THENCE S 89*06-49" W A DISTANCE OF 1217. 66 FEET TO AN IRON ROD FOUND;
THENCE N 18'51'34" W A DISTANCE OF 55.51 FEET; THENCE N 18'15'54" W A
DISTANCE OF 206.12 FEET; THENCE N 18'17119" N A DISTANCE OF 200.13
FEET; THENCE N 18'14'25" W A DISTANCE OF 152.79 FEET; THENCE N RECEIVED
19'27'24" W A DISTANCE -OF 57. 70 FEET; THENCE N 21'36153" W A DISTANCE
OF 87.96 FEET; THENCE N 25'26'02" N A DISTANCE OF 93.21 FEET; THENCE N q S ZO��
30'11'05" B A DISTANCE OF 138.27 FEET; THENCE 32638'12" W A DISTANCA
OF 121.53 FEET; THENCE N 33'03'09" W A DISTANCE OF 99.46 FEET TO AN NOV p
IRON ROD SET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF
1,134,601.64 SQUARE FEET, 26.047 ACRES. DCM-M HD CITY
Book:621 Page: 547 Seq:3

10 WithersRavenel
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PROJECT AREA EXHIBIT
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

et�
�I`r,�iNb%�, ,,L►'
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10 WithersRavenet
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USGS QUADRANGLE MAPS
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

$ILVERWaOD RD
PRO
4101W
GRAPHIC SCALE
0 250 500
7 inch = 500 ft.
BOUNDARY
J
� �1L
i
j 4 ECEIVED
V 282018
DC -MHD CI
14 el
WithersRaven

10 WithersRavenel
Ow Peoplo Vow Suuc�s
PAMLICO COUNTY SOIL SURVEY
RECEIVED
NOV 2 S 2018
DCM-MHD CITY

10 WithersRavenel
Om Pcaplc VourSuacss.
PHOTOGRAPHIC DOCUMENTATION
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

%0 WithersRavenet
NO
52 Silverwood Drive - Stallings Upland Boat Basin - Merritt, Pamlico Co.
Photo 1: View of alignment of boat basin and proposed excavation to reach -2.0 water
depth, facing north towards Pittman Creek.
Photo 2: View of alignment of boat basin and proposed excavation to reach -2.0 water
depth, facing south from Pittman Creek. RECEIVED
219Station Road, Suite 1011 Wilmington, NC 28405 NOV 2 8 2018
t: 910.256.9277 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington DCM-MHD CITY

10 WithersRavenel
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Photo 3: Photo of 30' skiff used to transport equipment and fuel to the Swan Creek Tract.
View of skiff in canal at Swan Creek Tract.
Photo 4: View of 30' skiff used to transport equipment and fuel to the Swan Creek Tract.
Note that equipment is driven on and off the front of the skiff for transport.
RECEIVED
NOV 2 8 2018
btiflaHD CITY

��
1% WithersRavenel
Our People.Vour Su,, e"
ORIENTAL BOAT RAMP TRAVEL ROUTE
RECEIVED
NOV 2 S 2018
DCM-MHD CITY

IEEK TRACT
LT
IV

10WithersRavenet
Our People. Your Succe,.
VANDEMERE BOAT RAMP
TRAVEL ROUTE
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

r
VAND MERE BOAT RAMP
oa
lot.
4#4t
NEUSE RIVER

;!WithersRavenel
Om Peoplo vow Success.
CONTRACTOR'S DRAWINGS
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

DMw ng by Bobby Ci0oxi Conewcibn ror
Robbie Stallings
52 Silverwood Dr., Merritt
Proposed Boat Ramp, Walkway and Basin
Drawing Date 8I18I16
21'x 4O'
Boat Ramp
N / Scale 1"=10'
j
204 LIF Smwall
'Dig and dredge basin
to an average 3.3' NWL depth
aoaaaa >� _ _
011lllllllllllilllllllltl 1111111sss s-
Walls
See ❑
Approximate
Isting sb0/9IIIle
NWL
•10" x 20' pilings 7.5' O.C. on channel side
of walkway to be extend 48' above decking
... .........d 1I

2"x 12" Top Cap _•
2"X 8" Back Wale --►
3/4" X 12' Tie -Rod
6"x 6" Treated
Double Timber Wale
ESP 3.1 or E quivalent
12' Vinyl Sheet Pile -
5'-6' x 6"-8" Deadman piling
8" x 12'
Z ;p Navy wall Pilings
o n 5' or 7.5'+- OC for length of wall
G
m
°O C
^' m
Ufhis drawing is the sole property of
Bobby Cahoon Construction Inc.
and is not intended for use by any other entity.
Vinyl Seawall
Cross Section
Typical
Double Wale/ With Pilings
NTS
APPROX 2-3'
APPROX 2-3'
APPROX 6'
Normal Water Line
River Bottom
NTS Drawing 2-3

Vinyl Seawall and
Wood Dock Walkway
Cross Section
Double Wale Wall with Pilings
NTS 2"x 6" Decking
attached with 3" SS Screws -----A,
4
2 x 8 Stringer attached to
2"X 8" Back Wale piling with 5/8 timber bolt
and/or vertical blocking
6"x 6" Treated p p
Double Timber Wale 0 2 x 10 Header
attached to pilings with
5/8 galy. timber bolts
3/4" X 12' Tie -Rod
12' Vinyl
Sheet Pile
5'-6' x 6"-8" Deadman piling
C: 8" x 14' 10" x 20' Piling
Navy wall Pilings - to extend above
o 7.5" OC for length of wall decking 48"
_ tl� M
0 °D
n M
This drawing is the sole property of
Bobby Cahoon Construction Inc. NTS Drawing 3/3
and is not intended for use by any other entity.

;!WithersRavenel
our PeoW(, vow suuoss
SURVEY/IMPACT MAPS
RECEIVED
NOV 2 8 2018
DCM-MHD CITY

.Au
N34'23'47"W \
99.46'
N33'58'50"W
111.53'
N31'
N26'46'40"W � ,
N22'57'31 "W \
N20'48'02"W
x
z
z
R
2
N19'35'03"W 1
PINEY
ROAD
Q oFEssl q19
,�'q- w <`•
z a� —SEAL
L-2703
. OQ,
%yFR`4NO 5U0.%1.�G
CURRENT OWNER: ROBERT L. STALLINGS IV
PROPERTY ADDRESS: 52 SLIVERWOOD DRIVE
MERRITT NC 28556
DEED REFERENCE: DEED BOOK 574 PAGE 487
MAP REFERENCE: PLAT CAB.A SL.166-13 —
PLAT CAB.A SL.169-17
TAX PARCEL NUMBER: L08-37-3
NUMBER TWO TOWNSHIP PAMLICO COUNTY NC
HERBERT J.NOBLES,JR.
PROFESSIONAL LAND SURVEYOR - L-2703
186 CAMPEN ROAD
BAYBORO. NORTH CAROLINA 28515
252 626-8634
SCALE: 1"=:200' PROJECT NO. 2016-29 DATE: o9 o1 2017
SHEET 1 OF 5
147-20
PARCEL #:LO9-12
N19'37'57"W 2G0.1\ \\ R026.047 ACRES TOTAL H EXIME SITE
STISITE
NG
N79'36'32"W 2 6.1
N20'12'12"W
MAPHIC SCALE
150 260 400
JANE P. IACLAWHORN
5809 INC 17 HWY S
NEW 8ERN INC 28562
DEED BOOK 519 PAGE 441
TAX PARCEL /: L091-122
PIITMAN CREEK

NORTHEAST CORNER OF BOAT RAMP
NORTHING: 501301.38 SFT.
EASTING: 2716362.70 SFT.
•(-3.0)
1"iM-WfiNU7
TO NORTHEAST
OF BOAT RAW
(-A.AJ - UCrin tl W rvV1W4Al WAIGH
ALL DISTANCES SHOWN ARE HORIZONTAL
GROUND MEASUREMENTS.
= 75' C.A.M.A. A.E.C. PRE -
CONSTRUCTION
— = WETLAND LIMITS
----= COASTAL MARSH LIMITS
MART THOMAS GRADY
3604 BARONS WAY
•(-3.t) PITfMAN CREEK `
MARSH •(-0.5 •(-3.0)
CAMA tA0 NG 7UR8 (p2�6tt., �C)URIAIN 3.3)•(-3.1) '(-2.B)
•(-149 29"E 12.23'
68 5p
.2:0 S66'05'42W 18.81' i
_ _�" ,0 �U 1�•`�
•F A2�
�, -,LET LAMA 3
;LA
Ng� cj
MA 2�
A9
/
$'
Orn
Q. OQO 1 h�
0 qO
// MARSH
m
' 42
CAMA 1
N�
A: 4,j
�$. R.,jO.pO
S7 :21 B5'E /
COURSE
L-1
BEARING DISTANCE
S3244'08"E
6.98'
lY ry, ,► GM
L-2
S56'46'30"E
14.06'
„g+ oo a pg21.8
I3
L-3
SO6'05'55"E
6.61'
o
^yp. +
�' �' Pie o
L-4
L-5
NOT57'15"E
N49'14'17"E
25.38'
66.94'
w $
^
I Y'• Al
L-6
N40'16'38"E
86.77'
L-7
N3Y52'15"W
24.13'
L-8
L-9
N53'46'41"W
N06'29'55W
32.96'
uai <
Io O
GRAPHIC SCALE
49.95'
i b
o 00
I o
0
15 30 45 60
m
57 �0.72 EXISTING HOME
SITE
•(-3.3)
'Q�,OFgS S%
,Q�2/'2u/e<%, '_
�- SEAL
L-2703 =
P"l!+�BUR��yo�e��_
PITMAN CREEK
SURVEYED FOR
ROBERT L STAWNGS N
PROJECT LOCATION WITH SOUNDINGS
CURRENT OWNER: ROBERT L STALLINGS IV
PROPERTY ADDRESS: 52 SUVERWOOD DRIVE
MERRITT NC 28556
DEED REFERENCE: DEED BOOK 574 PAGE 487
MAP REFERENCE: PLAT CABA SL166-13 -
°o PLAT CABA SL169-17
TAX PARCEL NUMBER: L08-37-3
NUMBER TWO TOWNSHIP PAMUCO COUNTY N(
BAYBORO,
SCALE: 1 "= 60' I PROJECT NO. 2016-29
SHEET 2 OF 5

Z
O
G
L12
00
0
COURSE BEARING DISTANCE PITTMAN CREEK
L-1 S3744'08"E 6.98' I� •(-0.5) +(-3.0) 03000N
L-2 S56'46'30"E 14.06' 01
L-3 S06'05'55"E � J 2 0 3 3
�-5 N49'14'17"E 25.38' I ,yyl ��LAMA%5 v osslo S.Otih2, !Ly •(-3.1)
L_6 N40'16'38"E 96.77' 6 1' /�ice "A k.15bi- (-3.1)
L-7 N32'52'15'W 24.13' n -� i0.6) 1`t
L-9 NOB'29'55`W 49.95' o ."�, \B L-1 -1. v(-2.8)
1 11.56' l
N 1.84) 2.41' - 66'05'42"W 18.81'
r 60 N� ti ®0i <1+p0
N � rc ,,Age .98) p�pN q2 a M�l�i J !J 2.5 •(-3.3)
PROPOSED SITE
FOR UNCLASSIFIED 2
EXCAVATION ,/k g1/�i 1a`g�6 /' � � � + ••���� uai
QQ .�
9 6 e� S �' �•
6000 � O (287)S / t2; 7
ROQO _ SEAL
05 0 P s2r XN s L-2703
?w &A 1 GRAPHIC SCALE ;' , !9'�'O (640�,
0 10 20 30 40 80
lb h \� 571.2411.E a/h VICINITY SKETCH SURVEYED FOR
���L�
ROBERT SOUNDINGS
M ELEVATIONS
CURRENT OWNER: ROBERT L. STAWNGS N
PROPERTY ADDRESS: 52 SLNERWOOD DRIVE
MERRTTT NC 28556
10
0 i. Al R' DEED REFERENCE: DEED BOOK 574 PAGE 487
N ERRRT MAP REFERENCE: PLAT CAB.A SL166-13 -
ro m PLAT CABA SL169-17
I TAX PARCEL NUMBER: LOB-37-3
I NUMBER TWO TOWNSHIP PAMLICO COUNTY NC
(� HERBERT J,NOBLES,JR.
I % PROFESSIONAL LAID SURVEYOR - L-2703
m 186 CAMPEN ROAD
Z 'A BAYBORO, NORTH CAROLINA 28515
m �ro 252 626-8634
PROJECT NO. 2016-29 I INT RE 0 0 201
11
EXISTING HOME SITE

0 10 20 30
(3.33)
;C4
13
/
1 (2.63)
W_wsm'l ..
/N -r 50 ' - (2.87) �\
LEDGEND
WET 0 (404) LIMIT —' �
6�'/' \•
TAL MARSH LIMIT — — — —
/ \$�
USE BUFFER ZONE 1
/ \
ELSE BUFFER ZONE 2
\
IMITS OF DISTURBANCE (LD)_
` 4.11•puarnrgpy
•iZi
' (BULHEAD TIE BACKS)
\;� DRIVE TFFNEUSE
�`•C/�S
NEUSE BUFFER ZONE..(201 SO.FT.)..
,4' DRIVE TO RAMP NEUSE
�Q��OF@S$/
�j'ty
NEUSE BUFFER ZONE 2 .(413 SO.FT.)..
••.
Q _ Q%�'ZOI'�J'(`•y~
=
I
DRIVE TO RAMP OUTSIDE
/
7 S�L '
I p
NEUSE BUFFER .......(6150 SO.FT.)..
( j
L-2703 i
i o
CONCRETE RAMP INSIDE
NEUSE BUFFER ZONE 1 ,.(840 SO.FT.)..
• •
;�.l9 oQy •{
I
EXCAVATED BASIN
UPLANDS ..............(679 sQ.Fr.)..
�e •N� SUAV��•`T�
I
EXCAVATED BASIN -WETLANDS
(••;Pry �4�p+
1n
S .............(871 SO.FT.)..
XCAVATED BASIN CHANNEL
/) �• q rn
r
I
REEK BOTTOM (263 SQ.FQ ...........
ISTURBED UPLAND (BULKHEAD
ro
IE BACK INSTALLATION (1316 SQ.FT.).
I v
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IE BACK INSTALLATION (1511 SO.FT.).
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TRUCTURE DETAILS AND IMPACT ARE
CURRENT OWNER: ROBERT L. STAWNGS IV
PROPERTY ADDRESS: 52 SLIVERWOOD DRIVE
MERRRT NC 28556
DEED REFERENCE: DEED BOOK 574 PAGE 487
MAP REFERENCE: PLAT CABA SL166-13 —
PLAT CABA SL.169-17
TAX PARCEL NUMBER: LOB-37-3
BAYBORO.
'� I PROJECT N0. 2016-29 DATE: 09-01-2017
Ty — BELOW NORMAL WATER LEVEL SCALE: 1 = 40 EVbED: OS-28-2018
!� %.XX) NEIGH ABOVE NORMAL WATER LEVEL PERMIT2 SHEET 4 OF 5 SHEETS
b

TIE LINES
FROM A POINT THAT IS THE JUNCTION
OF THE CENTERLINES OF PARADISE
SHORES ROAD (SR 1328) AND SILVERWOOD
DRIVE TO POINT Al.
S65'09'58'E 1687.22'
COURSE BEARING DISTANCE
L-4 NO3'57'15"E 25.38'
L-5 N49'14'17"E 66.94'
L-6 N40'16'38'E 86.77'
L-7 N32'52'15'W 24.13'
L-8 N5346'41'W 32.96'
L-9 N06'29'5.9 W 49.95'
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5A1 - NC GRID NAD 83\2011
NORTHING: 501135.95'US SURVEY FEET
EASTING: 2716236.62 US SURVEY FEET
35'06'11.603082" NORTH LATITUDE
76'36'18.103527" WEST LONGITUDE
GRAPHIC SCALE
0 10 20 30 40 80
PITTMAN CREEK
PR p5�0 N
.t 0�
COASTAL
MARSH
ROBERT L STAWWGS N
CURRENT OWNER: ROBERT L. STALLINGS IV
PROPERTY ADDRESS: 52 SLIVERWOOD DRIVE
MERRITT NC 28556
DEED REFERENCE: DEED BOOK 574 PAGE 487
MAP REFERENCE: PLAT CAB.A SL.166-13 -
PLAT CAB.A SL.169-17
TAX PARCEL NUMBER: L08-37-3
NUMBER TWO TOWNSHIP PAMLICO COUNTY NC
PROFESSIONAL LAND SURVEYOR -
186 CAMPEN ROAD
BAYBORO. NORTH CAROLINA 28515
[phone]
SCALE: 1'- PROJECT NO. 2016-29
5

From: Connell, Brad [mailto:[e-mail])
Sent: Monday, December 03, 2018 3:03 PM
To: Beasley, Troy <[e-mail]>
Cc: [e-mail]; Brownlow, Roy <[e-mail]>
Subject: Stallings application --revisions request
Importance: High
Mr. Beasley,
This application is thorough and well prepared. However, there are some items that require your attention before the
NC Division of Coastal Management can accept the application package as complete and adequate for processing. They
are as follows:
1. Project Narrative: please specify the cubic yardage of "minor excavation within Pittman Creek," please
elaborate on the dimensions and depth of the "small canal" at the Swan Creek Tract, please specify the cubic
yardage of excavation/fill in each habitat in the Project Details, please describe the exact location of the
proposed spoil disposal area, please provide the dimensions of the gravel driveway and its proximity to the
shoreline at nwl, please discuss the potential for continued maintenance excavation in the Proposed Impacts
section, please discuss water quality impacts of having a basin that is deeper than the connecting water depths,
please discuss turbidity impacts within this PNA habitat, please discuss potential impacts of "power loading"
vessels at the proposed ramp, please revise the qualifier "virtually" regarding impacts to Coastal Wetlands
(either there are or there aren't impacts) under the Alternatives Analysis, again specify the exact yardage of
excavation being proposed instead of "minor," please define the "small" wind driven tidal fluctuations, please
discuss whether or not this proposal meets NCDCM rules, please discuss how Alternative 1 is
permittable/allowable and feasible to construct (as discussed in previous scoping meetings), please elaborate on
why it is not feasible to take the existing property off the market and continue to utilize it to meet the
applicant's needs, and please discuss this proposal's permit history and recent CAMA permit denial;
2. Form DCM MP-1, 4m(iii): please submit Section 404 Wetland delineation documentation;
3. Form DCM MP-1, 5c: please elaborate on cubic yards of excavation and specify location of spoil disposal;
4. Form DCM MP-1, 6e: please submit the $400 payable to the NCDEQ fee for processing the application;
S. Form DCM MP-1, 6f: please state the Nobles' telephone number,
6. Form DCM MP-1, 6i: please submit a wetland delineation for the tract;
7. Form DCM MP-2, 4: this section not applicable;
8. Work Plan Drawings: please show the location of the existing site where the vessel has been moored, all
drawings must be titled and numbered and drawn to scale, please label the adjacent waterbody, please
show/label the proposed depths from the origination of the proposed dredging to its terminus in Pittman Creek,
please note the date of the wetland delineation and who performed it, and please label the spoil disposal area
as such.
NOTE: This Proposal is in conflict with 15A NCAC 07H .0208(b)(1).15A NCAC 07H .0208(b)(1)(E). and 15A
NCAC 07H .0208(b)(1)(F).
I look forward to your response. If I can be of any assistance in the interim, please do not hesitate to contact me.
Respectfully,
Brad Connell
Environmental Specialist I
NC Division of Coastal Management
http://Dortal.ncdenr.org/web/cm/dcm-tiome
[phone] ext. 214
RECEIVED
JAN 2 3 200
DCM-MHD CITY

[e-mail]
PC. —>"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.
RECEIVED
JAN 2 3 2019
DCM-MHD CITY

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