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HomeMy WebLinkAbout83-18 Belter, BillClass Permit Number 83-18 STATE OF NORTH CAROtINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113 229 Bill Belter, PO Box 1016, Buxton, NC 27920 ing development in Dare County at adj. to Pamlico Sound, at 47382 Rocky as requested in the permittee's application dated 3/20/18 (MP-1,3,4,5) and 4/10/18 incl. att. workplan drawings (2), Sheet 1 of 2 dated "Revised 5/21/18" and Sheet 2 of 2 dated "Revised 4/18/18. mit, issued on August 6, 2018 , is subject to compliance with the application (where nt with the permit), all applicable regulations, special conditions and notes set forth below. Any violation terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina/docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Z) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. (See attached sheets for Additional Conditions) rmit action may be appealed by the permittee or other persons within twenty (20) days of the issuing date. permit must be accessible on -site to Department ;1 when the project is inspected for compliance. maintenance work or project modification not covered ier requires further Division approval, must cease when the permit expires on December 31, 2021 "sluing this permit, the State of North Carolina agrees that project is consistent with the North Carolina Coastal gement Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braiton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Oyster Company ADDITIONAL CONDITIONS Permit No. 83-18 Page 2 of 3 The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This permit authorizes a maximum of 4 formalized boat slips. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. The roof of the covered platform shall not be designed for second story use. Bridge Any portion of the permitted bridge built over Coastal Wetlands shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. Upland Development Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the driveways and turnarounds, roofed platform, nursery building, and storage/packing building, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Easement An Easement from the Department of Administration's State Property Office may be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to determine if such an easement will be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Stormwater Management The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. Oyster Company ADDITIONAL CONDITIONS General Permit No. 83-18 Page 3 of 3 This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the ,::'permitted activity without having it transferred to a third party. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. E: The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. E: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-00903) issued 8/2/18. The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 18-0641. 7E: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $400 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New Major Mod Permit# Permit Coordinator: Minor Mod Renewal Transfer Field Representative: Date Time Message f( 10118 P,95p0S-W ad�1 �R%o -�vr s�f ce>«.rF � b�,J '.! I lirif sl i/(S Ye k�a �Ir ,a;„S( x�.sr� �/Zr�itS, r'LMq, ( ;Ir W 03;c6— ?itcy C,Ko,( in CbMKf�c'� 4ecnb� JP-"h(t. u�ti2�l� Ova �, rcvicr CFL u5kee `(Z7 7(q 111617�.S q7,1 &M#J k PgWw U f►uta ( g7,714 Coastal Management ENVIRONMENTAL QUALITY Cape Hatteras Oyster Company c/o Bill Better P.O. Box 1016 Buxton, NC 27920 Dear Mr. Belter: August 6, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS DlrecWr The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure �S'mcerely, G•JyT/�«µ4 v /jJ Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Cry, NC 28557 2528082808 ROY COOPER rrne•r'„nr r MICHAELREGAN .S"rerun p. TOBY VINSON lnlernn AVv['Inr Energy. Mineral and Land Resources ENVIRONMENTAL QUALITY August 13, 2018 Cape Hatteras Oyster Company, Inc Attn: Mr. Bill Belter PO Box 1016 Buxton, NC 27920 Subject: Stormwater Permit No. SW7180505 Cape Hatteras Oyster Co, Inc. Low Density Stormwater Project Beaufort County Dear Mr. Belter: The Washington Regional Office received your completed stormwater application for the subject project on July 6, 2018. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7180505 dated August 13, 2018 for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact this office at (252) 946-6481. Sincerely, Samir Dumpor, PE Regional Engineer cc: Atlantic Environmental Consultants, LLC RECEIVED Dare County Inspections Washington Regional Office AUG 1 4 2018 MP SECTION MHD State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 /Pax: 252-946-3716 STATE OF NORTH CAROLINA DEPARTMENT OF, ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL,AND, LAND'RESOURCES STORMWATER MANAGEMENT. PERMIT LOW DENSITY DEVELOPMENT: In accordance with the provisions..of Article;21;of. Chapter 143 : General :Statutes of North Carolina as amended, and other applicable Laws, Rulessand Regulations PERMISSION IS HEREBY GRANTEDT O• Cape Hatteras Oyster Company; Inc Mr. William A. Better ' FOR THE onstructlon,-operation and.maihtenarice of `a low density pro ect in compliance w (` j to, as t e "stormwater rules rroyisions,of',15A�NCAC 2H�.1000 he,'reafter referred le 'approved stormwater management plans, and specifications; land. other supl lata,as attached, and, on ;file with and approved bye the, Division of, Energy'. Miners .and Resources (Divisionl.,and:considered,a part of this Dermit-for thabaoe Hs Oyster Company projectlocated at Bukton,. NC. This permit shall be;effective from the date of Issuance until rescinded and, shall be subject to the following; specific conditions and -limitations: ., . I.-DESIGN,STANDARDS : 1. This permit is for the construction of'(3) bulldings,and'access roads to serve a new oyster production facility. The total site,.area is 2.50 acres with 32Q8 sf of proposed impervious area. . 2. The, overall tract.built-upon.area percentage for the projectmust be maintained at or below 120/o, as required.by,;Section 21-1,.1005:.of the stormwatenrules. 3. •Approved 1 plans and ,specifications.: for projects covered by this permit are incorporated,by reference and;are.enforceable parts of•the,permitand shall be kept on file: by the permittee:at alHimes. 4. The: only: runoff .conveyance,systems allowed wilibe;vegetated conveyances such as.swales with minimum side slopes of;3:1 (H:V),as defined in the stormwi ter rules and approved by the Division. 5. No piping is allowed excepti that minimum amount necessary. to, direct runoff beneath.an impervious surface such as a road or to provide access. 6. The built -upon areas associated with this project shall be located at least 50 feet , landward of all perennial and intermittent streams or other surface wate"RECEIVED Nothing Compares State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I WashingtonNC 27889 2529466481 AUG 1 4 2018 MP SECTION MHD II. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit: Within the time framespecified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet, minimum requirements. The permittee shall_ provide copies of [evised plans 'and certification in .writing to:the Director that the changes have been made. 3. This project may not be sold or subdivided in whole.or in part without first receiving a permit modification from the Division. 4. Prior to the subdivision, and/or sale'of.this ,project, in whole or in part, the. following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing.compliance with State Stormwater Management Permit Number SW7180505; as Issued by the Division of Energy, Mineral, and Land Resources under 15X°NCAC 2H.1:000. b. The.State of North Carolina is:rnade a beneficiary of these covenants. to the , extent necessary to maintain,complia ice with the:Stormwater Management 1 V.Il llll� C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining. to stormwater may'not be altered or rescinded without the express written.consent.of.the State of North Carolina, Division of Energy, Mineral, and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take, place without the concurrence of -the Division of Energy, Mineral, and Land Resources. f. Thisproject is permitted for a maximum of 12% built -upon area. Construction of additional built -upon area in excess of this amount will require a permit modification. g. This project may not be sold or, subdivided; in:whole or in part, without first receiving a permit modification from the Division. h. Construction of additional impervious areas such that low -density requirements are no longer met will require a permit modification prior to construction. An engineered system, will be required to collect and'treat the runoff from all built -upon area associated with the project; including that area permitted under the low density option. i. Filling in orpiping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. j. The built -upon areas shall be located a minimum of 50 feet landward of all perennial and intermittent surface waters. 5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. RECEIVED AUG 1 4 2018 Nothing Compares..._ State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources p CA7 ����A®�1 pp L�® Washington Regional Office 1943 Washington Square Mall I Washington NC 27889 L P SECTION MH 252 946 6481 6. Filling :in or piping'of<any vegetative conveyances.(ditches;,swales; :etc:),associated with the permitted development, exceptfor.average.driveway crossings, is strictly prohibited by any persons. 7. The permittee shall submit to the Director and shall have received approval for revised- plans, specifications; , and calculations : prior to construction; Ior- any modifications to the approved plans, including,: but not limited to, those listed below.- revision.to the:approved•plans; regardless of size. :ct name change. which Se f. Filling in, approved 8. Swales: wnership: addition to,the approved amount:of:built-upon area.: , livision, ac'qus'ition, or, sale of -,the project area in whole or in iject area is,defined as,all property owned by fhe permittee, for_ entation and Erosion:Control;Pian.approval,tnias!soughf: te.ring or piping any vegetative conveyance shown on the: in: iegetated,conveyances shall'be constructed in their entirety, �perational.for.their intended,use prior toahe constructioh`of any: 9 During construction, erosion shall be kept to a minimum -and any eroded areas of the swales or.othervegetated conveyances wilfbe repaired immediately:: 1:0 The permittee shall;atall times provideahe.operation and.maintenar ce;necessary to operate the permitted stormwater management,systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowing, and re -vegetating of the side slopes. d.. Imrn&diate repair<of e'rodediareas.• e. Maintenance of side slopes in accordance with • approved plans .and 11_ .Within 30 ;days of completion of the project, the, permittee: shall, certify in writing that=the,project has'been.constructed in accordance.with the approved, plans. 12. The permittee shall submit, all:. information" requested- by - the Director: or his representative.within, the fime frame specified°in=the writteninformation request. 1. This permit is not transferable to any person or entity :except -after notice,. to and approval by the Director. The Director may require modlfication.or revocation and re -Issuance of the permit to change the. name 'and incorporate such other requirements as may be. necessary: In:the event of a name or ownership'change, a completed Name/Ownership Change form; signed by both parties; -must be submitted to the Division accompanied by the supporting documentation as listed on. page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. RECEIVED Nothing Compares AUG 1 4 2018 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Washington Regional Office 1943 Washington Square Mall I WashIngton,NC 27889 252 9,16 6481 MP SECTION MHD 2. The permittee is responsible. for compliance.with all, permit conditions until :the Director approves a transfer of ownership. Neither- the sale of the project nor the transfer of common areas, to a third party, such`. as a - homeownerra 'sssociation, constitutes an approved transferof the stormwaterpermit. 1 Failure to abide by the conditions and limitations. containedin this permit may subject the Permittee to.an,enforcement'action byy the.Division, in accordance with North Carolina General Statutes 143-216.6A to 1:43-215.6C. 4. The issuance :of this permit, Aces,not prohibit the, Director, from reopening and modifying the permit, revoking and reissuing the -;permit,, or, terminating the: permit as allowed by the laws, rules, -and regulationst,coniamed in :Titre 15A iN. CAC 211.1000 of the North Carolina' Administrative. Code; Subchapter;2H.1o6.o; 'and North.Carolina General; Statute. 143-215.-1 et:•alc 5. Inthe event that•thelfacilities failito perform satisfactorily; including:the creation of nuisance conditions; the. Permittee.'shall take .immediate corrective. action; including those as. may: be re' 'red by the Division, such as the<construction of additional or replacement stormwater management systems. B. The permittee. grants; permission. to Division. Staff to:enter the property --during normal business hours, for the purpose ,of inspecting ,611 components.of the stormwater management, facility.. 7. The permit issued shaIll� continue in force and effect3until revoked: or terminated. The permit may be: modified, revoked and reissued or terminated for cause. The filing of a. request. for a permit modification revocation, and crig4ssuance, or termination does not stay any permit condition. 8. Unless specified, elsewhere, Permanent seeding requirements for the swales.must follow the guidelines established in the North Carolina' Erosion and Sediment —Control Planning and -Design Manual. — , 7 ` 9 and areeen fans an arts iof specifications for o itthis project are.•incorporated by reference p 10. The issuance of this permit does not preclude the Permittee from complying with .,any and all'statutes; rules, regulations;:or ordinances; which maybe imposed by other;government'agencies (local, state and46deral);iwhich havetunsdiction. 11. The permittee shalL notify the Division in writing,of any name., ownership or mailing address changes at least 30 days prior to making such changes. Permit issued this the 1.3 th day of August 2018. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION —=--P ------=---------- - ------ --- --- ---------for KfiQiamE:-Vinson, Jr., PE, Interim Director 'RECEIVED Division of•Energy,.Mineral,, and'LandiReSources- By Authority of -the. Environmental: Management Commission Permit No. SW7180505 AUG 1 4 2018 --::�"Nothing:Compares � MP SECTION Il9HD State of North Carolina. I Environmental Quality I Energy, Mineral and Land Resources Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889 282 946 6481 ROY COOPER Governor MICHAEL S. REGAN S--tary BRAXTON C. DAVIS Director David & Carol Mink 247 Cinnabar Lane Yardley, PA 19067 Dear Mr. & Mrs. Mink: NORTH CAROLINA Environmental Qualfty LETTER OF REFINEMENT Permit #71-18 August 8, 2018 This letter is in response to an August 7, 2018 onsite CAMA preconstruction meeting with/and email from Paul Gilbertson of Renaissance Construction Co., Inc., in which it was requested that Major Permit #71-18 be modified to shift the proposed dwelling eastward, enlarge the concrete pool & deck and add a gazebo. Major Permit #71-18 was issued to David & Carol Mink, on July 11, 2018. This Permit was issued for the filling of USACE 404-wetlands, the construction of a retaining wall landward of wetlands, and the construction of a single-family dwelling with a concrete pool. The project is located at 500 Brown Pelican Court, Lot #3 within The Currituck Club subdivision, Corolla, Currituck County, adjacent to Beasley Bay (waters connected to the Currituck Sound). Your modification request as described and/or depicted in the email received August 7, 2018 with a site plan with a revision date of August 2, 2018, is hereby authorized as a refinement to CAMA Major permit #71-18. All existing conditions remain in effect, including the expiration date of December 31, 2021. This letter is provided to you as a record of the authorization, and should be included with the Permit file. You may need to obtain a building permit from Currituck County. If you have any questions, please contact Ron Renaldi, of this office at 252-264-3901. Sincerely, Frank Jenning District Manager, Northeastern District Division of Coastal Management FJ/ RAR RECEIVED cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City AUG 1 Paul Gilbertson, Renaissance Construction co. Inc. Manteo 5 2018 DCM-MND CITY North Carolina Department of Environmental Quality ' Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 301 1 Elizabeth City, North Carolina 27909 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Bill Belter County: Dare LOCATION OF PROJECT: 47382 Rocky Rollinson Road DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 4/23/18 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES RECEIVED MAY 0 7 2018 0CM44HD CITY FIELD REPRESENTATIVE: Cynthia Rountree DISTRICT OFFICE: Elizabeth Citv DISTRICT MANAGER REVIEW: s Date: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 05/06/18 END OF NOTICE DATE: Comments due:05/26/18 ADJ. RIP. PROP NOTICES REC'D: DEED REC D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 07/07/18 MAIL OUT DATE: Circulation: 05/02/18 FEDERAL DUE DATE: ON: 150 DAY DEADLINE: q 20 ($ STATE DUE DATE: Comments due: 05/23/18 FED COMMENTS RECV: PERMIT FINAL ACTION: ISSUE DENY. si7:7IN AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional Representative S/4j`i ?65,;6 .i+o,.si' Coastal Management - LUP Consistency 56416 � C S:g �Gw7 Division of Community Assistance 5164 K Land Quality Section--DEMLR D WR/DWQ — Aquifer Protection DWR/DWQ - Storm Water / 513o�b 0,.1( a.%L fhb S V ,-�- DWR—Public Water Supply x State Property Office /$ I t �SCwl.t� 4' Division of Archives & History —Cultural Res. Division of Env. Health —Shellfish Sanitation Division of Highways --DOT S�ZZ /$ X Wildlife Resources Commission Local Permit Office/Planning Dept. 27 (8 %Yri+G CuQ I4Sk DMF—DCM Fisheries Resource Specialist �o �o S d Corps of Engineers is 0,3 CVq p a01 c(1 it Lti (t ���D►o'�� S 1, u Codsta(Management ENVIRONMENTAL QUALITY May 2, 2018. MEMORANDUM, ROY COOPER Gmonm� MICHAEL S. REGAN tiecrelary BRAXTON C. DAVIS Ulrecton TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistam Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bill Belter ProjeetLocation: 47382 Rocky,Rollinson Road in Dare County Proposed Project: Construct a pier with platform, an elevated wooden bridge, a covered platform, 'nursery building, storage/packaging building and gravel drive for an oyster hatchery adjacent to the Pamilco Sound. Please indicate below your agency's position or viewpoint: on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-W4 3330). If you have any questions regarding the proposed project,,please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. .REPLY: This agency has no objection to the project as proposed_ his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are. incorporated. See attached. This agency .objects to the project for reasons described in the attached comments. SIGNED, DATE !`'"Nothing Compares. State of North Carolina.[Environmentaf Quality I Coastal Management 401 S. Griffin St., Ste 3001©imbeth City, NC 27909 252-264-39011252-331-2951 [fax] 10 Coastal Management MAY - 7 Z1.9 U ENVIRONMENTAL QUALITY Shellfish Sanitation 6 Recreational May 2, 2018 Water Quality Section MEMORANDUM TO: Shannon Jenkins Environmental Health— Shellfish Sanitation ROY COOPER Gmemor MICHAEL S. REGAN Secmlary BRAXTON C. DAVIS Direcmr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bill Belter Project Location: 47382 Rocky Rollinson Road in Dare County Proposed Project: Construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storage/packaging building and gravel drive for an oyster hatchery adjacent to the Pamilco Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: / This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED04,( C 100V4� DATE SI$I16 fbo - &NOLnaw Jenk „n5 RECEIVED - '-^Nothing Compares MAY 10 2018 State of NoNb Carolina I Environmental Quality I Coastal Management DCM-MH D CITY 401 S. Griffin St., Ste 300 1 Elisabeth City, NC 27909 252-264-39011252-331-2951 (fax] Nil - Coastal Management ENVIRONMENTAL OUALITY May 2, 2018 MEMORANDUM TO: Clif Whitfield, Environmental Engineer DWR—Public Water Supply Section, WaRO ROY COOPER Govemor MICHAEL S. REGAN seemtary BRAXTON C. DAVIS DIKCTOr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bill Better Project Location: 47382 Rocky Rollinson Road in Dare County Proposed Project: Construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storagelpackaging building and gravel drive for an oyster hatchery adjacent to the Pamilco Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested.. REPLY: / This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Co. °d✓[rt''u,/,' DATE ^'Nothing Compares .. . SweofNorth CoolimIEmvoem=WQoalityIContalMwtng=mt RECEIVED MAY 07 2018 401 S. Ckiffm St., Ste 3001 F3izabeth City, NC 27909 252.264.39011252-331.2951 1W C-01 Coastal Management ENVIRONMENTAL QUALITY May 2 20.18 MEMORANDUM TO: RECEIVED MAY 1 7 2018 PAP SECTION MHD 0-0 J5. o5, 6- Maria. Tripp Dunn NCL Wildlife Resources Commission ROY"CQOPER GVvenw MICHAEL S: REGAN Secretary BRAXTON Q. DAVIS Uirecmr FROM: Doug Huggett,.MajorPermits Coordinator c/o Gregg Bodnar;. Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE;,&; FILL`Permit Application Review Applicant: Bill Belter Project Location: 47382 Rocky Rollinson Road.in Dare County flAY 2018 �.ris�leso Proposed Project: Construct a pier with platform, an elevated wooden bridge, a'covered platform, nursery building, storage/packaging building and gravel drive for -an oyster hatchery adjacent to ihe,Pam lco„Sound: Please indicate -below your agency's,position or viewpoint on the proposed project and return this ,form by 05/23/18 to 400 Commerce Avenue Morehead City, NC 28557 (faz: 252-247-3330). 'If you have anyquestions regarding.the.proposed project, please contact Cynthia.Rountree,at (252) 2647390L Whenappropriate,: -depth comments with supporting data are requested. REPLY: This: agency has no objection, to the project as proposed. 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. SIGNED ���-� DATE 5- 15- 24�3! r3 -"/ Nothing Compares-. ,. State of Notlh Carolina I Envirmunental Quality I Coastal Management 401 S. Gdfin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331.2951 [fax] North Carolina Department of Administration State Property Office May 8, 2018 Machelle Sanders Secretary Tim Walton Director To: Doug Huggett Major Permits Coordinator From: Joy Wayman \� Real Property A Re: CAMA Application iew Applicant — Bill Belter / Cape Hatteras Oyster Company Construct a commercial pier with platform for 4 slips, a wooden bridge for an oyster hatchery Reply: The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. � _1� N U W -'v _ 63 State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mail Service Ctr I Raleigh, NC 27699 919 807 4650 T Coastal Management ENVIRONMENTAL QUALITY May 2, 2018 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: RECEIVED MAY 0 7 201b DOA STATE PROPERTY OFFICE Tim Walton, Director State Property Office ROY COOPER Oovemor MICHAEL S. REGAN Seerelary BRAXTON C. DAVIS Otrecmr Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Bill Belter�e 47382 Rocky Rollinson Road in Dare County Proposed Project: Construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storage/packaging building and gravel drive for an oyster hatchery adjacent to the Pamilco Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. l This agency has no comment on the proposed project. (JIcr ��i 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. SIGNED DATE aSOEV MPS 14 Jp\6 -"'Nothing Compares NG State of North Carolina I Environmental Quality I Coastal Management 0GM 401 S. Griffin St., Ste 3001 Efraboh City, NC 27909 252-264-39011252-331-2951 [fax] Bodnar, Gregg From: Doug Dorman <dougdaec@gmail.com> Sent: Monday, May 21, 2018 10:21 AM To: Cynthia Rountree; Bodnar, Gregg Subject: [External] Re: FW: Bill Belter Attachments: Belter CAMA Maj Rev 5.21.18.pdf Cynthia & Gregg, After more discussion with the owner we have reduced the mooring pilings to 7 and moved 4 of the mooring pilings out of shallow water. We moved them to deeper water more suitable for a boat slip and less potential impacts to the bottom and SAV habitat. This would be the maximum boats moored at one time and they would be docked temporarily as they are working with the oyster lease. There are only plans to keep one boat moored over night and the rest would be used intermittently during working hours. They are currently working with two boats and this will remain this way for some time but in the future as the business expands more boats will be needed for daily use. Attached is the revised drawing showing the proposed boat docking orientation. The bridge width and design have been determined by and engineer to handle the width and weight of a 3/4 ton pickup truck. A truck is need to transport oysters and equipment to and from the dock and nursery platform. Other forms of transportation such as a golf cart have been looked into but they would not be able to handle the weight or capacity. If you need more information please let me know. Thank you, Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On 21 May 2018 at 09:06, Cynthia Rountree <cvnthia.rountree@ncdenr.eov> wrote: Doug, Below is more information that is needed for Mr. Belters permit application. If you have any questions please let me know. Sincerely, Cynthia Field Representative Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) cynthia.rountree cDncdenr.gov 401 South Griffin Street Suite 300 Elizabeth City, NC 27909 <^ Nothing Compares.-� �. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Friday, May 18, 2018 3:38 PM To: Cynthia Rountree <cvnthia.rountree ncdenr.gov> Subject: RE: Bill Belter Hey Cynthia, So sorry to ask for something else, but I got pulled away in the middle of review and just got back to finish up. Can you also ask Doug Dorman for some discussion about the need for the 10.5ft wide over CW as it relates to the purpose and need of the project? Thanks and have a great weekend, Gregg From: Cynthia Rountree Sent: Friday, May 18, 201811:50 AM To: Bodnar, Gregg <erees.bodnar@ncdenr.gov> Subject: RE: Bill Belter Will do! From: Bodnar, Gregg Sent: Friday, May 18, 201811:50 AM To: Cynthia Rountree <cvnthia.rountree@ncdenr.aov> Subject: RE: Bill Belter That would be great. Ask Doug to date it and all the good stuff and I'll add it to the workplan list. Thanks, Gregg From: Cynthia Rountree Sent: Friday, May 18, 201811:44 AM To: Bodnar, Gregg <eregg.bodnar@ncdenr.aov> Subject: RE: Bill Belter Hey Greg, I just double checked everything I have and do not see anything that shows the orientation of the slips. If you need me to see if I can get something sent to you just let me know. Sincerely, Cynthia &4k4 RaaMOW Field Representative Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 233 252-331-2951 (fax) cynthia.rountree a()ncdenr.gov 401 South Griffin Street Suite 300 Elizabeth City, NC 27909 f. Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Friday, May 18, 2018 11:24 AM To: Cynthia Rountree <cynthia.rountree@ncdenr.eov> Subject: Bill Belter Hey Cynthia, Do you have a workplan with the slips identified? The MP4 says 4 slips and with the 8 tie pilings I am not sure how the boats will be oriented. I haven't gotten DMF or WRC comments yet and with the SAV I'm assuming that the question may come up. Thanks for the help, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greoo.Bodnarna ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 KII;Ir.- Nothing Compares--,.._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 05/22/2018 10:38 2523314739 NCDOT PAGE 01/03 Coastal Management ENVIRONMENTAL OUALITY May 2, 2018 MEMORANDUM RECEIVED MAY 2 2 2018 MP SECTION MHD ROY COOPER Co vrrmr MICHAEL S. REGAN ;rnamcry BRAXTON C. DAVIS n;rnnm TO: David B, Farris, Roadside Erosion Control & Vegetation Management Engineer, NCDOT Roadside Environmental Unit FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/.DREDGE & PILL Permit Application Review Applicant: Bill Belter Project Location: 47382 Rocky Rollinson Road in Dare County Proposed Project: Construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storage/packaging building and gravel drive for an oyster hatchery adjacent to the Pamilco Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue, Morehead City, NC 28557(fax: 2S2-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When, appropriate, in-depth comments with supporting data are requested. REPLY: -' This agency has no objection to the project as proposed. 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. SIGNED DATE PrQ,1iLJtIuilmr /.'-'Nothing Compares ., SleteofNoM (arolirei I Enviroomontal Qniity I Cmatal Malmgemem 401 S. Griffin St.. $1. 3001 Elizabeth City. NC 27M 752.266-39011252.331.2951 Iris) L".b 2EC11014 WND A0 �lr t/r-C [: f ot .- -) ROY COOPER Govemor N' r-0- MICHAEL S. REGAN S—Wary Coastal Management BRAXTON C. DAVISD ec ENVIRONMENTAL OUALITtor MEMORANDUM TO: Doug Huggett, Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Frank Jennings, District Manager Northeastern District, Division of Coastal Management 7 FROM: Cynthia Rountree, Field Representative 014- DATE: May 15, 2018 SUBJECT: Cape Hatteras Oyster Company; 47382 Rocky Rollinson Road Major Permit Recommendations The applicant proposes to construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storage/packing building and gravel drive for an oyster hatchery. The property is located at 47382 Rocky Rollinson Road, Buxton, Dare County on the Pamlico Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES), Public Trust Shoreline (PTS) and Coastal Wetlands (CW) Areas of Environmental Concern. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: (c) Management Objective. It is the objective of the Coastal Resources Commission to conserve and manage coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values, and to coordinate and establish a management system capable of conserving and utilizing coastal wetlands as a natural resource necessary to the functioning of the entire estuarine system. RECEIVED MAY 21 2018 State of North Carolina I Environmental Quality I Coastal Management �p-p Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 DCM-m n V V 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 7 May 15, 2018 (d) Use Standards. Suitable land uses are those consistent with the management objective in this Rule. First priority of use shall be allocated to the conservation of existing coastal wetlands. Secondary priority of coastal wetiand use shall be given to those types of development activities that require water access and cannot function elsewhere. Unacceptable land uses include restaurants, businesses, residences, apartments, motels, hotels, trailer parks, parking lots, private roads, highways, and factories. Acceptable land uses include utility easements, fishing piers, docks, wildlife habitat management activities, and agricultural uses such as farming and forestry drainage as permitted under North Carolina's Dredge and Fill Law, G.S.113-229, or applicable local, state, and federal laws. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Possible inconsistency: The development project proposes to construct a 250 foot by 10-foot 6-inch bridge over the Coastal Wetland AEC which minimizes the effect to this the management objective. 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, 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. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Possible inconsistency: The development project proposes to construct a 250 foot by 10-foot 6-inch bridge over the Coastal Wetland AEC which minimizes the effect to this the management objective. Consistent: The applicant proposes to construct a pier with a platform to provide water access. This development will be consistent with the use standards and would utilize and conserve estuarine waters. RECEIVED MAY 21 N01 DCM-MHD CITY North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 7 May 15, 2018 (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in this area shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increases shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The applicant proposes to construct a pier with a platform to provide water access. This development will be consistent with the use standards and would not interfere with the public's right for navigation and recreation. plym Kwu-11rummIT,11T� (a) addresses General Use Standards, and subparagraph (1) requires that uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches. Consistent: The applicant proposes to construct a bridge, pier with platform, and mooring pilings. This sub -paragraph lists these structures as water dependent. RECEIVED MAY 212018 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 7 May 15, 2018 (a)(2)(A) requires that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (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. Consistent: The development is designed to not interfere with Shellfish beds or submerged aquatic vegetation. (a)(2)(B) requires that the development shall comply with state and federal water and air quality Consistent: This development will not violate water and air quality. (a)(2)(C) requires that the development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources. Consistent: There are no known archaeological or historic resources on the property. (a)(2)(D) requires that the development shall not increase siltation. Consistent: It does not appear that this development will measurably increase siltation. (a)(2)(E) requires that the development shall not create stagnant water bodies. Consistent: It does not appear that the development will create stagnant water bodies. (a)(2)(F) requires that the development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The development will be timed to have minimum adverse significant effects on life cycles or estuarine resources. (a)(2)(G) requires that the development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The development proposal minimal effects on navigation. RECEIVED MAY 212018 DCM-MHD CITY Norjh Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 7 May 15, 2018 (b) Specific Use Standards (b)(6) Addresses Piers and Docking Facilities. (b)(6)(A) requires that piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Consistent: The proposed piers are 6 feet in width. (b)(6)(B) requires that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas. Consistent: The proposed platform is 12 feet by 32 feet with a shaded area of 384 square feet. The shoreline along the project area is 151 feet which allows for 1,208 square feet of shaded area. (b)(6)(C) requires that piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Consistent: The proposed pier extending over wetlands will be 6-foot-wide and elevated 3 feet above coastal wetland substrate. (b)(6)(F) requires that piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use. Consistent: The proposed piers are single story. (b)(6)(G) requires that pier and docking facility lengths shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Possible inconsistency: The proposed pier is 160 feet and the established pier head line along the shoreline are 155 feet. �EGE,D (ii) not extending into the channel portion of the water body; and 212�18 MAy DCM-MHp C'V North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 6 of 7 May 15, 2018 Consistent: The proposed piers will not extend into the channel portion of the waterbody. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier head line.. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The pier and platform extend into Pamlico Sound which is +30,000 feet across and will not extend more than Y4 width of the waterway. (b)(6)(1) requires that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. Consistent: The pier and platform will be outside of the 15-foot setbacks. (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development RECEIVED MAY 21 Z51B DCM-WAD CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 7 of 7 May 15, 2018 project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Consistent: The development proposal meets the intent of this rule. (d)(1) requires that all development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The development proposal meets the intent of this rule. (d)(4) requires that the development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The development proposal meets the intent of this rule. (d)(5) requires that the development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The development proposal is consistent with the intent of this rule. (d)(8) requires that established common law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The development proposal is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to Cape Hatteras Oyster Company with the following conditions. Pier shall not extend beyond the established pier length along the shoreline for similar use which is 155 feet. RECEIVED MAY 212018 pCM-pj►HD CITY Klr-.o- Coastal Management ENVIRONMENTAL QUALITY May 2, 2018 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Duero, FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bill Belter Project Location: 47382 Rocky Rollinson Road in Dare County Proposed Project: Construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storage/packaging building and gravel drive for an oyster hatchery adjacent to the Pamilco Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fag: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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. x sWL-=_ me SIGNED DATE r7 - (� - Lots RECEIVED 'Nothing Compares MAY 2 3 NIB State of North Carolina I Environmental Quality I Coastal Management 401 S. Coffin St., Ste 3001 Elivabeth City, NC 27%9 DCM-M HD CITY 252-264-39011252-331-2951 [fan) ROY COOPER Governor MICHAEL S. REGAN N.rm Secretary Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Co211CP, Management FROM: Charlan Owen NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by Bill Belter to install a 6 foot wide by 160 foot long pier with a 12 foot by 32 foot "L" terminus platform and eight (8) mooring pilings on the Pamlico Sound; install a 6 foot wide by 53 foot walkway connected to a 16 foot by 32 foot covered platform for oyster nursery tanks; install a 10 foot wide by 85.8 foot long gravel driveway with turnaround; construct a 10 foot 6 inch wide by 250 foot long wooden bridge across Coastal Wetlands; install a 20 foot wide gravel driveway; construct a 32 foot by 28 foot building with 12 foot wide open deck to include an oyster nursery; and; construct a 60 foot by 30 foot building for storage and packing with a one (1) bedroom apartment; at 47382 Rocky Rollinson Road, in Buxton, Dare County. DATE: May 14, 2018 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The 2.59 acre vacant subject property has 161 linear feet of shoreline along the Pamlico Sound. Water depths are approximately 3 feet a distance of 160 feet from shore. A Coastal Wetland fringe is located at Normal Water Level (NWL). The property contains approximately 1.3 acres of coastal and non -coastal wetlands. A drainage canal connecting to the Pamlico Sound is located at the southeast corner of the site where it intersects with Rocky Rollinson Road. The site elevation is approximately 4 feet above NWL. The subject property is located within the VE (12), VE (11) VE (10), and AE (8) Floodzones, with a band of Shaded X zone located approximately 115 feet from the road right-of-way. The subject property is to be developed as an oyster hatchery and nursery to support an existing oyster farm located just offshore in the Pamlico Sound. Installation of a 6 foot wide by 160 foot long pier with a 12 foot by 32 foot "L" terminus platform and eight (8) mooring pilings; installation of a 6 foot wide by 53 foot walkway connected to a 16 foot by 32 foot covered platform for oyster nursery tanks; installation of a 10 foot wide by 85.8 foot long gravel driveway with turnaround; construction of a 10 foot 6 inch wide by 250 foot long wooden bridge; installation of a 20 foot wide gravel driveway; construction of a 32 foot by 28 foot building with 12 foot wide open deck to include an oyster nursery building; and; construction of a 60 foot by 30 foot building for storage and packing with a one (1) bedroom apartment, are proposed. The wooden bridge will Nothing Compares..` MAY 2 3 2018 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 2522643901 DCM-MHD CITY Nore Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 6 Coastal Wetlands and connect the gravel driveways. The site will be served by central water service and on -site septic system. The waters of the Pamlico Sound in this area are classified as SC waters and High Quality Waters and are open to shellfish taking. Submerged Aquatic Vegetation is located within the project area. As indicated in narrative supplied by the applicant, the platform has been located to minimize impacts to SAV. A review of potential historiclarchaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of 1,858 sq. ft. of High Ground within the Estuarine Shoreline Area of Environmental Concern (AEC) and .22 acre of High Ground outside of an AEC, and; the shading of 2,578 sq. ft. of Coastal Wetlands AEC, 1,344 sq. ft. of Public Trust Area/Estuarine Waters AEC, 572 sq. ft. of High Ground within the Estuarine Shoreline AEC, and 3,560 sq. ft. of High Ground outside of an AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community Residential". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). The Community Residential classification is used to identify areas predominantly developed with low density residential dwellings, however, as indicated on Page 214, other land uses may include small businesses. The Buxton area described as "Community Residential" on Page 216 is stated to be a mix of single-family homes and mobile homes, with multi -family structures permitted. As indicated for "Conservation" areas on Page 217, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab - shedders... Authorized development should include provisions and conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas authorized for development". The following LUP policies may be applicable to this request: Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." RECEIVED MAY 2 3 2018 DCM-MHD CITY Nothing Compares State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 North'Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 6 Land Use Compatibility: Coastal Heritage Policy LUC #1, Page 149. "Dare County recognizes the importance of our coastal village heritage and will continue to work toward the preservation of that heritage with appropriate land use guidelines and regulations." Policy LUC #2, Page 149. "Public sector and private sector development activities should recognize Dare County's coastal heritage and incorporate traits reflective of our heritage in building design and other site features and improvements." Residential Development Policy LUC #3, Page 152. "Residential structures shall be the preferred land use in unincorporated Dare County for both seasonal accommodations and permanent housing. All new residential structures, whether attached or detached, are encouraged to be on a scale that is consistent with existing neighborhood patterns of development." Policy LUC #4, Page 152. "To address the housing needs of the year - round population, multi - family dwellings and other types of residential structures such as accessory use dwellings, are considered appropriate alternatives when located in areas zoned for multi - family structures and constructed on lots or parcels greater than the minimum lot size for single family lots established in the individual zoning districts of the Dare County Zoning Ordinance. This diversification of housing opportunities is important to address the needs of Dare County's workforce." Commercial Development Policy LUC #5, Page 154. "Dare County encourages the continued existence and development of locally - owned businesses in unincorporated Dare County." <�Nothtng Compiares� State of North Carolina I Environmental Quality l Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27409 252 264 3901 RECEIVED MAY 2 3 2018 DCM-MHD CITY North'Carolina Department of Environmental quality MEMORANDUM Division of Coastal Management Page 4 of 6 Policy LUC #7, Page 155. "Commercial businesses, regardless of size, should individualize their sites and building designs to reflect Dare County's coastal heritage..." Implementation Strategy, Page 155. "2. Rely on existing dimensional standards of the Dare County Zoning Ordinance for dwelling densities, lot coverage limitations, and commercial gross floor area limitations. These standards should be periodically examined relative to changes in technology for wastewater treatment, improved construction practices, market conditions, and demographic changes." Industrial Development Policy LUC #9, Page 156. "The siting of industrial development facilities should be evaluated relative to their impacts on environmentally sensitive natural areas and existing patterns of development. Boat building, commercial fishing, and construction are recognized as traditional occupations and employment sectors in Dare County that are consistent with our coastal heritage." Archaeological/Historic Resources Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." RECEIVED Natural Hazards: MAY 2 3 2018 Estuarine Systems DCM-MHD CITY Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 252 264 3901 NortH Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 6 shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Flood Hazards Policy NH #5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Policy NH #6, Page 181. "Dare County shall use construction standards, such as the elevation of buildings and the wind zone requirements for mobile homes and zoning regulations, such as the setbacks from water bodies and erosion - prone areas to mitigate the effects of high winds, storm surge, flooding, wave action, and erosion." Water Quality: Policy WQ #2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." VtECENED MAY 2 % 2p16 DCM-MN0 o Y Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 Nortt4Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 6 of 6 Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs with adjustments made to address local needs, conditions, and community support." Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features..." Wetlands Policy WQ #7, Page 192. "Dare County advocates the use of existing (2009) state and federal regulatory programs for protecting and preserving coastal wetland areas of environmental concern..." Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." Policy WQ#13, Page 194. "Local efforts to develop aquaculture as a source of fisheries production are supported provided the proposed fishery or fish species does not negatively impact fisheries. Dare County supports efforts by the State of North Carolina O to promote locally harvested seafood." RECE\VE VIM 2320% DCM MHO Gil" Nothing Compares State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 CoasralManagemenr ENVIRONMENTAL OUALITY, May1, NJ 8 TO: MAY 0 7 Z018 L�leliy Fiectional opaa[iors Section Washington FieSdonal 0106 ROY COOPER Gmemor MICHAEL S. REG'AN Becwfory BRAXTON C. DAVIS, Uimfor Anthony Scarbraugh, D WR - Water Quality - 401, WaRO FROM: Doug.Huggett, Major Permits Coordinator c/o.Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bill Belter Project Location: 47382 Rocky Rollinson Road. in Dare County _ firr... J MAY 2 9 2018 MP SECTION MH Proposed Project: Construct a pier with'platform, an elevated wooden bridge, 'a covered platform, nursery building, storage/packaging building and •gravel drive.for an oyster hatchery adjacent to the.Pamilco Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue, Morehead City; NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate„in-dep&comments with supporting data are requested, REPLY his agency has no objection to the project as proposed. 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. SIGNED N /N DATE 51�2-`y/try —,`!'Nothing Compares....,, State of Noah Catolina I Envitonatental Quality) Coastal Managonent 401 S. Griffin Sf., Ste 3001 Elizabeth Ci1y,NC 27909 252-264-390f1252;331-2951 [flul .r, Water Resources Environmental Quality Cape Hatteras Oyster, Inc. Attn: Mr. Bill Belter PO Box 1016 Buxton, NC 27920 NOT A CAMA PERMIT June 11, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director DWR # 18-0641 DARE County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS CAPE HATTERAS OYSTER COMPANY (47382 ROCKY ROLLINSON ROAD, BUXTON) Dear Mr. Belter: The Division of Water Resources (DWR) has received a copy of your CAMA Major application modification request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4144 (GC 4144), the impacts described in your application do not require written authorization to utilize GC 4144. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 j CAPE,HATTERAS OYSTER, INC. DWR# 14=1082 V2 401-APPROVAL •Page2 of Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service'Center 1711 New Hope'Church Road Raleigh, NC 27699-6714 Raleigh; NC.27609.6285 One (1) copy:of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes, the review of the,Division under section,401 of the, Clean Water. Please contact Anthony Scarbraugh at252-948-3924 or anthonv.scarbraueh ncdenr.eov If ,you have;any questions or concerns. Sincerely, R'V'J Robert Tankard,. Assistant Regional Supervisor Water Quality Regional :Operations Section Oivision.of Water Resources;'NCDEQ Enclosures:. GC4144 Certification, of Completion ee: Gregg Bodnar, DCM Morehead City -Office (via email) Cynthia Rountree, DCM Elizabeth City (via email) Josh Pelletier, USAGE; Washington Regulatory Field Office (via email) Samir=Dumpor, DEMLR WaRO Laserfiche File Doug;,Dorman, Atlantic Environmental Consultants, LLC. (via emall: dougdaec@gmail.com) Bodnar, Gregg From: Moore, Bill Sent: Wednesday, May 30, 2018 11:02 AM To: dougdaec@gmail.com Cc: ryan@capehatterasoyster.com; Bodnar, Gregg Subject: CAMA Major for Bill Belter - SW7180505 Good Morning Doug, This is a follow-up to our phone conversation on 05/18. As we discussed, this CAMA Major triggers a state stormwater review. The proposed project involves new impervious area (buildings & gravel driveways) that will require some type of stormwater controls. As proposed the project would be considered High Density & would require some type of engineered stormwater controls (probably infiltration). If the owner decides to reduce the scope of the work (reduce impervious areas) then we may be able to handle this as a Low Density project with more passive stormwater controls (ie grass infiltration swales & vegetated buffers). Since this project is located adjacent to SA/HQW class waters, the Low Density threshold would be 12% impervious area. Look forward to your response. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources 943 Washington Square Mall Washington, NC 27889 (252)946-6481 Coastal Management ENVIRONMENTAL QUALITY May 2, 2018 MEMORANDUM TO: RECEIVED MAY 0 7 2010 DCM-Flshsrles WARO Shane Staples, Fisheries Resource Specialist Division of CoastalManagement, WaRO ROY COOPER Gwcmar MICHAEL S. REGAN Secmlary BRAXTON C. DAVIS DJmclor RECEIVED JUN 1 2D18 MP SECTION MHD FROM: ; Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bill Belter Project Location: 47382 Rocky Rollinson Road in Dare County �' Proposed Project: Construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storagelpackaging building and gravel drive for an oyster hatchery adjacent to the Pamilco Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/23/18 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-33301. If you have Any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. V This agency has no comment on the proposed project/5=e a FHc 4Mbd- .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. SIGNED/DATE '>^NothingCompares� ,. Smm ofNaeth Carolum l Envhonmental Quality l Cozstal Management ., ,._ ...... 401 S. Griffin St., Ste 3001 Efizabeth city. NC 27909 252-264.39011252-331--2951 [fax] . ROY cx OPER d�verner MTCHAEE S. REGAN K,r�., '°¢![edgy CoastatManuwrrent BRAI.3�i'CON 0. DAMS' ENVAAONM9NTA44 LV n17e674t TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Bill Belter DATE: 5/30/18 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct an oyster hatchery and associated infrastructure adjacent to the Pamlico Sound at 47382 Rocky Rollinson Road in Buxton, NC. The project includes a 160'x 6' pier terminating in 12' x 32' L head platform with 4 slips, a 53' x 6' elevated walkway over wetlands leading to a 16' x 32' covered platform on high ground with nursery tanks, an 86' x 10' gravel driveway and turnaround on high ground, a 250' x 10.5' elevated bridge over coastal wetlands to access the pier and covered platform, as well as a storage and packing building on uplands outside of the AEC. DCM fisheries and DWR conducted a site visit and SAV survey on 10/5/17 and dense beds of Ruppia maritima were found in the project area but also identified an area where little to no SAV (submerged aquatic vegetation). Recommendations for avoidance and minimization of shading impacts as well as potential prop searing from boating access have been incorporated into the project plan. Additionally, concerns addressed in the scoping meeting over fill of coastal wetlands have been addressed by the bridging of coastal wetlands in the project application. Since recommendations and concerns have been address in the project application DCM fisheries does not believe this project would have significant adverse impacts to fisheries resources as proposed. However, due to the dense beds of SAV observed waterward of the proposed L-head platform the project should have a condition that no future dredging should occur at the project as such a request would constitute new dredging in SAV and would have a significant impact on fisheries habitat in the area. Contact Shane Staples at (252) 948-395,0 or shane.staples(alncderingov with further questions or concerns. RECEIVED JUN 1 2018 MP SECTION MHD StateofNorthtamgm I Erntro enfalquuality lCoastal Manage=t wast,tb9tonoffi* 1943washingtonstidbmMaaf w9shin9tan,Narth"CSrn11na27689 252.946.6481 11E�: Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM: TO: William Belter, Property Owner; Cynthia Rountree, DCM Field Rep FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: SAV survey for proposed docking facility DATE: 10/10/17 An SAV (subaquatic vegetation) survey was conducted on 10/5/17 along the shoreline of property owned by Mr. Belter at 47382 Rocky Rollinson Rd., Buxton, NC. Shane Staples of Coastal Management and Chris Pullinger of Water Quality conducted the survey. Normally SAV surveys are preferred to be conducted from April 1 to September 30 of a given year but weather patterns may shorten or lengthen the time frame in which SAV can be visually surveyed. SAV was still in high abundance on the date of this survey although many shoots were starting to turn brown and break off. At a seeping meeting the applicant expressed the desire to have a pier and platform on the property to service boats and potentially a small barge to be used in his commercial oyster operation. The intent of this survey was to determine if there was an area suitable for this development on the property. Dense widgeon grass, Ruppia maririma, beds were clearly visible from the very nearshore areas to well offshore. At approximately -2' to -3' NWL there was an area approximately 50' x 140' where little to no visible SAV or rhizomes were observed. This area was approximately 160' from the shoreline. Included is a Google earth image that approximates the area where little SAV was found. Should a docking facility be proposed the platforms and slips being located within this outline would reduce shading impacts and potential scour of SAV when docking. Point 9 on the map was an approximately 30' in diameter area of SAV that should also be avoided. The areas waterward of the box described were heavily vegetated but the water depths were consistently greater than 3' NWL which should reduce the potential for negative impacts from the navigation of shallow draft vessels. Point 10 represents NWL near the western border of the property as described by Mr. Belter. The google earth image below is for reference only to give an approximation of the area. The date on the image is the date of survey not the date the imagery was taken. The GPS coordinates for each point are listed below. 1. 35.27259 N,75.53216 W 2. 35.27259 N,75.53210 W 3. 35.27259 N, 75.53184 W 4. 35.27256 N, 75.53171 W 5. 35.27246 N,75.53172 W 6. 35.27244 N,75.53185 W State of North Carolina I Environmental Quality I Coastal Management Washington office 1943 Washington Square Mall I Washington North Carolina 27889 252 946 6481 Received MAR 2 6 71118 DCM-EC RECEIVED MAY 0 7 2018 DCM-MHD CITY ,1 7. 35.27243 N,75.53199 W 8. 35.27146 N,75.53223 W 9. 35.27250 N,75.53183 W 10. 35.27206 N, 75.53238 W Also attached are pictures of the shoreline and wetlands on the site. The Juncus roemerianus field had standing water with fish (Gambusia) and snails present on the day of the site visit. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. MAR 2 6 2018 ®CM -EC State of North Carolina I Environmental Quality l Coastal Management Washington Office 1 943 Washington Square Mall I Washington North Carolina 27889 252 946 6481 Received MAR 2 & 2Tq DCM-EC RECEIVED MAY 0 7 2018 State of North Carolina I EnOronmental Quality I Coastal Management Washington Office 1943 WasN gtooSquare Mall I Washington. North Carolina 27889 DCM-MHD CITY 252 946 b481 Received MAR 2 6 1010 DCM-.Eli State of North Carolina I Environmental Quality I Coastal Management Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 2529466481 Bodnar, Gregg From: Donna Creef <donnac@darenc.com> Sent: Wednesday, June 27, 2018 3:28 PM To: Bodnar, Gregg Subject: [External] Re: CAMA Comments We issued a CUP for Mr. Belter last year. Not familiar with teh JOseph project. What is that? On Wed, Jun 27, 2018 at 3:20 PM, Bodnar, Gregg < rg ea¢.bodnar@ncdenr.gov> wrote: Afternoon Donna, Just wanted to check in on a couple... Bill Belter (Hatteras Oyster Co.) William and Monica Joseph Thanks as always, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a ncdenr.gov August 2, 2018 Regulatory Division Action ID No. SAW 2018-00903 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Bill Belter for Department of the Army authorization to construct a 160 linear foot long by 6-foot wide pier with a 12-foot by 32-foot "L" platform with 8 associated mooring pilings, a 6-foot wide by 53-foot elevated walkway over wetlands to a 16- foot by 32-foot covered platform on high ground and an associated 85-foot long by 10-foot wide gravel driveway will also be constructed to connect to a 250-foot long by 10-foot wide bridge leading to 60-foot by 30-foot storage/packing building located at 47382 Rocky Rollinson Road, adjacent to the Pamlico Sound, in Buxton, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management DCM Coordinator: _90�N ow Permit 0J /9 MAILING DISTRIBUTION SHEET 4C 07?2L; DCM Field Offices �/ Elizabeth City 17A14 n (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) /�h_Peletier (Firtie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) t'Mom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley � v Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Hams Shellfish Sanitation: Shannon Jenkins / State Property: Tim Walton DEMLR/DWR: Karen Higgins Washington: Anthony Scarbraugh-401 / Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson / LPO: 17r.ua (rea-- Fax Distribution: Permittee #: Agent# B&MIF-1, Received APPLICATION for K ; ;> ,o,jj Major Development Permit DCM-EC (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Cape Hatteras Oyster Company Cape Hatteras Oyster Company Applicant 1: First Name MI Last Name Bill Belter Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1016 Buxton NC ZIP Country Phone No. FAX No. 27920 USA 252 - 489 — 7287 ext. - Street Address (6 different from above) City State ZIP 47382 Rocky Rollinson Road Buxton NC 27929- Email ryan@capehatterasoyster.com 2. Agent/Contractor Information Business Name Atlantic Environmental Consultants, Llc Agent/ Contractor 1: First Name MI last Name Doug A Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Box 3266 Kitty Hawk NC ZIP Phone No.1 Phone No. 2 27949 252-261-7707 ext. 252-599-2603 ext. FAX No. Contractor # 252 261 7707 Street Address (d different from above) City State ZIP Email dougdaec@gmail.com <Form continues on back> RECEIVED 252-808-2808 :e 1-688-4RCaAST :: www.nccoastalmanagerr�rnt.net IriITM Form DCM MP-1 (Page 2 of 4) APPLICATION for Received Major Development Permit npp7W2018 3 Project,Locatlon County (can be multiple) Street Address State Rd. # Dare 47382 Rocky Rollinson Road 1230 Subdivision Name City State Zip None Buxton NC 27929 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 202 - 2107 ext. Lot 2, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project P1S0vU Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County 4 Site_ Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 161 linear feet 112,723 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 3'-20' ❑NHW or ®NWL e. Vegetation on tract Black Needle Rush, Spartine sp., Wax Myrtle, Chinese Privot, Live Oak, Red Cedar. f. Man-made features and uses now on tract No man made features currently on property. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential properties adjacent to property h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastagmanargement.net gecil o', Form DCIA MP-1 (Page 3 of 4) `iA 6A8 APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (it) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite conventional septic system o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed project will support the activities associated with an'existing oyster farm located in the adjacent waters of the Pamlico Sound. The pier will provide docking for boats and. The 16'x32' roofed platform will have tanks that will suport oysters prior to moving into the Pamlico Sound for growout. The proposed brdige over the coastal wetlands will provide vehicle access to the pier and platform. 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. The pier and bridge pilings will be installed hydraulically with a pump. The remaining construction will be done by hand using conventional framing techniques. A pickup truck will be used to transport material over the bridge as it is being constructed. Any equipment being used will be stored onsite when not in use. d. Ust all development activities you propose. Construction of an elevated w000den bridge over coastal wetlands to access roofed platform and pier to support oyster farm production. Upland development includes driveway to elevated bridge, oyster nursery, and storage/packaging building with one bedroom apartment on second floor. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 12,143 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED MAY 0 7 2018 252-803-2808 :: 1.888-4RCOAST :: www.nccoastalmanageme Y.lfVt-MHD CITY Form DCM MP-1 (Page 4 of 4) ®�G,��1l�d APPLICATION for utlS� Major Development Permit APR i 3 2013 6 Addrtfonal information @ �r per/ i In addition to this completed application form, (MP-1) the following items below, if a�'�ytg)efes� qe submitted in order for the application packege'to'be complete:` Items (a).- (t) are always applicatileto.any major developmen applica 'o .Please consult the application rnsiruction,booldet on how to properly prepare tfie required items below. a. �A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. .Name-.Kteth-& Katherine Miller - - Phone No. Address 128 Windsor Road, Mechanicsburg, -PA 17050 Name Sherley Weisse Phone No. Address 1133 Meadow Glen Court, Bloomfield Hills, MI 48304 ;Name i... - - - Phone -No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, penmittee, and issuing dates. None h. Signed consultant or agent authorization form, if 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 Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3/20/18 Print Name _Doug Dorman, Consultant Signaturer� 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 252-808-2808 :: d-888.4RCOAST :: vicow.ncoeas+talmariagement.not €ee*V44 Ite%e 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 85.8 Width 10 Avg. Existing NA NA 0 Depth Final Project NA NA +4" Depth 11. EXCAVATION ®This section not applicable 'I a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (1) Does the area to be excavated include coastal weilands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None III) Describe the purpose of the excavation in these areas: b. Type of material to be d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not aWicab/e a. Location of disposal area. 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 wetlandstmarsh (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: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED MAY 0 7 2018 DCM-MI IC GIN 252-808.2808 :: 1.888.411COAST :: www.nccoastalmanaaement.net revised: 12126/06 f Form ®CM MP-2 (Excavation and Fill, Page 2 of 3) 3.. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 -,Structure a. Tvoe of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: 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. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap �������� Breakwater/Sill_ Other_ Amfi i "� 1018 i. Source of fill material. DCM-EC 4. OTHER FILL ACTIVITIES ': ❑This section not applicable (Excluding Shoreline Stabiliiation)' a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water number of square feet affected. (III) Dimensions of fill area 858 sf ❑CW ❑SAV _ ❑SB (iv) Purpose of fill OWL ®None For proposed access driveway to platform and walkway. (ii) Describe the purpose of the ill in these areas: 5.- 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)? , Gravel will be used for driveway and silt fence will be installed Small tractor and pickup truck around distrubed area to prevent material from impacting wetlands. c. (1) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Wetlands will be crossed after elevated bridge is constructed. The bridge will be elevated a minimum of T above wetland substrate to minimize impacts. 4/10/18 Project Name Date Cape Hatteras Oyster Company Authorized agent - Doug Dorman Applicant Name 252-808-2808 :: 1-888-4RCOAST :: www.onccoastagmanagament.net revised: 12128/08 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Appli nt Signature Received nG )1 2910 DCM-EC RECEIVED MAY 0 7 2018 DCM-MHD CITY 252-808-2808 :: 1.888-411COAST :: www.nccoastalmananement.net revised: 12126106 pppp�� qe pq p� �y p� �p �{ f:. Form ®6lM Y P-3 (Upland Development, Page 2 ®9 2) Agent"-Doug'Dorman Applicignature T/ 252-808-2808 :: 1-886-ASCOAST :: wwwmccoastalmanagernent.anet revised: 12126106 Form DCM MP-3 Receiv6d UPLAND DEVELOPMENT MAI?2620118 (Construction and/or land disturbing activities) DCM'EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. 16'x32' roofed platform for oyster tanks. 28x32' nursery biulding for oyster production. 30'x60' storage and packageing building with one bedroom apartment on second story. c. Density (give the number of residential units and the units per acre). 1 residential unit on 2.59 acres 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 ❑NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 13%. 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. 13.60% Describe proposed method of sewage disposal Conventional septic system. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ 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. 15,350 sf f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete and gravel. h. 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: 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 MAY 0 7 2018 DCM-Mun CRY 252-808.28082 :: 1.888.4RCOAST :: vvww.nccoastalrnanaaement.net revised: 12126/06 Received Form DCM MP-4 APR 13 2016 STRUCTURES DCM-EC (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Publie/Government ❑Private/Community [I This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ONO (ii) Number 1 If yes: (iii) Length 160' (ii) Number (iv) Width 6' (iii) Length (v) Floating []Yes ONO (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? []Yes ONO If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 32' (iii) Length (iv) Width 12' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies 0 ® Dockage ('Wet slips") only, number of slips: 4 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel oven skiffs ®Open water; no dredging required []Other; please describe: k. Typical boat length: 23' I. (i) Will the facility be open to the general public? []Yes ®No m. (i) Will the facility have tie pilings? ®Yes []No RECEIVED (ii) If yes number of tie pilings? 8 MAY 0 7 2018 DGM-MHD GITv 252-8v8-28v8 :: 1-88a-4RCOAST r. www.necoastalmanagement.net revise& 12127106 r. eeCeivtc+ Form DCM MP-4 (structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? i e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of'Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/27/06 Keeelvw gltke Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW SSAV ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ®Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. Cape Hatteras Oyster Company, PO Box 1016, Buxton NC 27920. The existing shellfish lease is approximately 1 mile north. 3.. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑Public/Government ❑Private/Community (if) Number (!if) Length _ IN) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fitt) ®This section not applicable a. (i) Number (if) Length (iii) Width 5. a. Length wood, sheelpile, etc.) c. Maximum distance beyond NHW, NWL or wetlands ®This section not applicable b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑Public/Govemment ❑Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Are of the swing None 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAY 072018 252-808-2808 :: 1.888.4RCOAST n vvmn#v.nccoastalmanaaement.net DCM-MHD CITY revised: 12/27/06 - 'Form ®CM MF-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 32' to the west (Miller), 45' to the east (Weisse) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3.6 miles e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 290' d. Water depth at waterward end of structure at NLW or NWL 3' Received A "D ) 3 2030 [0 8.'OTf�ER ®This secfion not applicable a. Give complete description: Applicant Signature 252-808-2808 :: 1-888-4RCOASS :: vawnmmccoastalmanagement.net revised: 12/27/06 �Q(-' Q11Ke Form DCM MP-5 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. 1. BRIDGES ❑ This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ECommercial ❑PublictGovemment ❑Private/Community Coastal wetlands c. Type of bridge (construction material): Wooden e. (i) Will proposed bridge replace an existing bridge? [_]Yes ENo If yes, (ii) Length of existing bridge: (Ili) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) g. Length of proposed bridge: 250' d. Water depth at the proposed crossing at NLW or NWL: WA I. (i) Will proposed bridge replace an existing culvert? ❑Yes ENo If yes, (ii) Length of existing culvert: _ (Ili) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: 10'6" 1. Will the proposed bridge affect existing water flow? ❑Yes ENo i. If yes, explain: k. Navigation clearance underneath proposed bridge: WA m. Will the proposed bridge cross wetlands containing no navigable waters? EYes ❑No if yes, explain: Will cross coastal wetlands Will the proposed bridge affect navigation by reducingor increasing the existing navigable opening? Yes ENo If yes, explain: I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ENo If yes, explain: n. Height of proposed bridge above wetlands: Minimum 3' 2. CULVERTS EThis section not applicable a. Number of culverts proposed: b. Water body in which the culvert is to be placed: < Form continues on back> RECEIVED MAY 0 7 2018 252-808.2808 :: 1.888-4RCOAST :. www.nccoastalmanagement.net r 1 Forth ®CM MP-5 (Brlidges and Culverts, Page 2 of 4) c. Type of culvert (construction material): Received. a9D 9 9 2018 , d. (i) Will proposed culvert replace an existing bridge? e. (i) Will proposed culvert replace an existing culvert? ❑Yes ❑No If yes, (ii) Length of existing bridge: (III) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: _ (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes []No If yes, explain: ❑Yes ❑No If yes, (ii) Length of existing culvert(s): (III) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) 9. Width of proposed culvert: _ i. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? ❑Yes []No If yes, explain: EXCAVATION and FILL- ®This section not applicable a. (1) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ❑No If yes, (ii) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ❑Yes ❑No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlandstmarsh (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 the excavation in these areas: 9 252-808-2808 :: 1-888-4RCOAST :: www:nccoastalmanauement.net revised: 10126/05 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? []Yes ❑No (If no, attach a lettergranting permission from the owner.) (iv) Will the disposal area be available for future maintenance? []Yes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ❑None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? [_-]Yes []No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? []Yes []NO If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: (1) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within 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 []None (ii) Describe the purpose of the excavation in these areas: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ❑Yes []No If Received (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: DIME a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? []Yes ®No detour structures? ❑Yes ®No If yes, explain: If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> RECEIVED MAY 0 7 2018 DCM-MHD CIT 252-808-2808 :: 1-888-4RCOAS7 :: www.nccoastalmanagement.net revised: 10/25/0,a Form ®CM MP-5 (Bridges and Culverts, Page 4 of 4) u c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ❑Yes ®No controlled? If yes; complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic pump, hand tools. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. cant Name cant S nature f. Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 :: 1-888- 4RCOA84 :: wvvwmccoastalmanaegement.net revised: 10126/00 DETAILS FOR PROJECT: Proposed impacts within Public Trust Waters: Pier 6'x160............................................. Platform 12'x32..................................... Received 1 3 Mip DCM-EC ............................ 960 square feet .............................. 384 square feet Total = 1,344 square feet Proposed impacts within the 30' DCM Buffer: Elevated Wooden Walkway 6'x30'......................................... 180 square feet Proposed impacts within the 75' AEC Elevated Wooden Walkway 6'x23.......................................... 138 square feet Open Roofed Platform 16'x32............................................ 512 square feet Gravel Driveway.......................................................................... 858 square feet Total = 1,508 square feet Impervious Coverage Calclutations Existing Area in the 75' AEC.............................................10,737 square feet Existing Lot Area.......................................................... 112,723 square feet Proposed Impervious area in 75' AEC .........................1,370 square feet (13%) Proposed Impervious Area ................................. 15,350 square feet (13.6%) RECEIVED MAY 0 7 2018 DCM-MHD CITY cama.jpeg https://mail.google.com/_/scs/mail-static%/j s/k=gmail.main. en_ GB.7AgP0Ah9wZg.0/m=p... N.L DRlBION OF [OASfAI MANAGEMENT AGENTAUTHOROATION FORM Dale 315ftill Name of Property Owner Applying for Permit: Bill Belter Mailing Address: PO Boc 1016, Burton NC 27920 I certifythat I have authorized(agent) AtlanticEnvironmental Omsuftants. LL toactonmybehalf,for the purpose of apph/Ing forand obtaining all CAMA Permits nect saryto Install or construct (activity) BNtlge o rcoastal weHands. nierwhh a piWorm at (my property located at) 423P Rndw Rollie.. Road, Boat.. NC 27920 This cert' �' thru (date) Property Owner Signature Date nay 1 R 2818 ®CM -EC 1 of2 4/10/18, 2:48 PM 16' PROPOSED OPEN ROOFED PLATFORM O ff2XOdaCA XB DECKING 218 gRDERYlAUCWAV BOL W/GGALVA TIMBERPIER BOLT W/GAIN. NUT tr WAMIN.B' P.T PILINGS-1DEPTO VARIES -31 ' I':I �� i I I II" �!: II I �.� I .Ili�l II I III i I I II I I UI I I f.' I 'I I III I: 11111 1, TYPICAL PIER CROSS SECTION u u LJ' LJ PROP 9'XB' PILINGS PROPOS 0 6'X6' PIUNGS N.T.S. PLATFORM CROSS SECTION A -A I 12' PROPOSED PIER PROPOSED PLATFORM 12' X 16' 2XB DECKING 3' MIN. 1.5' MIN. T s EXISTING BOTTOM ——1 I I I I III.I' ,;III I' II 'il I I I I�'I i I I I :III. I I\ I I 1 7 p 1 '/�' u u \s�D u_ 8lol L 0 AM PROPOSED B"%B' PIUNGS PLATFORM CROSS SECTION B—B �7 Op �p RTS (OR p N1�IhN3I'c'1 P.T. JOIST 3-2" 1 &as= S.xv PIUNDS Received °Fgg'P 23�20110 ®@sM-EC BRIDGE CROSS SECTION SHEET 2 OF 2 N.T.S. PROJECT DETIALS CAPE HATTERAS OYSTER COMPANY, BILL BELTER BUXTON - DARE COUNTY - NORTH CAROLINA 50' o' 1oa' zoo' soo' ATLANTIC EN11/RONaYENTAL CONSULTANTS, LLC GRAPHIC SCALE 1"=100' P.O. 90X Mflf,, KITTY HA{YK, N.C. 27949 (252)291-7707 a -moil dougdaec®gmo/lcom FILE: 2018—CAMA DATE: 2/12/18 REVISED: 4/10/18. 4/18/18 lllllll) 111 llllltIIIIIIIIIIIlitlllllllllllllllllllllllllllilllllllllIl$ ig 111 111 IIII IIII111 lle2llll++1l1 ® 8>U W7o " I1 O Y U R - U' @IIII � 111ll111lull llllllllllllllllllull IIII pill/�,� - � Ogz OWN A t lllllllll Illilllllllllllllllll IIII Ill) I1_f q y lltllll11REEIIIIIIIII 1111111111111111 Ill) �i q�g zm n.�U�n q V `� lllllllllll{E111llllllllllllllll1111 - R . Illillllll )llllllllllllll lilt 11 19 11 111 I l l lilt "vy" '�''. 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Doug Dorman PO Box 3266 Kitty Hawk, NC 27949 Dear Mr. Dorman, ROY COOPER Got or MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is in reference to the application submitted for Mr. Bill Belter and Cape Hatteras Oyster Company, for a Coastal Area Management Act Major Permit to undertake development activities at 47382 Rocky Rollinson Rd. in Buxton, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 20, 2018 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov): Sincerely, 1-4 Gregory odnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City State of North Carolm I Environmetrcal Quality I Coastal Management Morehead City Office 1 400 Commerce Averwe I Morehead city. NC 28557 252 808 2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bill Belter 2. LOCATION OF PROJECT SITE: 47382 Rocky Rollinson Rd. (SR 1230), Buxton, Dare County, Pamlico Sound Photo Index —2006: 173-7900 (B-8,9,10,11) Latitude: X: 3200 925034.470mE Longitude: 174333.782mN 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/26/17 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received Complete — 4/23/2018 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — R2A — Alternate Medium density Residential (B) AEC(s) Involved: Estuarine Waters, Public Trust Area, Estuarine Shoreline, Public Trust Shoreline, Coastal Wetlands (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — conventional septic Planned - new septic lines �F) Type of Structures: Existing - none Planned - new pier with platform and 4 boat slips, elevated wooden bridge over wetlands, roofed platform with tanks, gravel driveway, nursery building with one bedroom apartment, and RECEIVED storage/packaging building (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED MAY 0 7 2018 DCM-MHD CITY SHADED (A) Coastal Wetlands 2,758 sqft (B) Open Water 1,344 sqft (C) High Ground (ES) Upland Activities 1,858 sqft 9,650 sqft 572 sqft 3,560 sqft (D) Total Area Disturbed: 19,742 square feet (E) Primary Nursery Area: No (F) Water Classification: SC/HQW Open: Yes Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storage/packaging building and gravel drive for an oyster hatchery adjacent to Pamlico Sound. Project Setting The property proposed for development is located at 47382 Rocky Rollinson Road in Buxton, and consists of 2.59 acres adjacent to Pamlico Sound. The site is a vacant lot that includes 1.3 acres of coastal and noncoastal wetlands. The adjacent properties to the East and West, are vacant lots owned by private property owners. Vegetation noted on the site includes, but is not limited to, live oaks (Quercus virginiana), Black Needle Rush (Juncas roemedanus) and noncoastal wetland grasses. Soil types includes, but is not limited to, Fripp sand (FrD) and Carteret sand (CeA). Also, the water classification for the site is Tidal Salt Water (SC) and High Quality Waters (HQW). Submerged Aquatic Vegetation noted on the site includes but is not limited to, Widgeon Grass (Ruppia maritima). The property has an elevation of about 4 feet above Normal Water Level (NWL), and has a Coastal Wetland Fringe. Development Proposal The applicant proposes to construct a 160 foot by 6-foot pier with a 12 foot by 32 foot " L" shaped platform and 8 mooring pilings near the western edge of the property extending 172 feet out into the Pamlico Sound. From the pier, the applicant also plans to construct a 6 foot by 53-foot walkway over the wetlands leading to a 16 foot by 32-foot covered platform on high ground with nursery tanks. Also on the high ground the applicant proposes to place 85.8 linear feet by 10-foot width of gravel for a driveway and turn around area. Extending from the driveway the applicant proposes to construct a 250 foot by 10 foot 6-inch wooden bridge over coastal wetlands connecting to another gravel driveway area outside of the AEC. Also, outside of the AEC, the applicant proposes to construct a 32 foot by 28-foot nursery building with 1 bedroom apartment and a 60 foot by 30-foot storage/packaging building. The water depth at the terminus of the proposed 6 foot by 160-foot pier is 3 feet. Anticipated Impacts The proposed development of the 160-foot pier will result in the shading of 1,344 square feet of i Public Trust Area and Estuarine Waters Areas of Environmental Concern. The proposed development of the 53-foot walkway will result in the shading of 258 square feet of Coastal Wetland and Public Trust Shoreline Area of Environmental Concern and 60 square feet of Estuarine Shoreline Area of Environmental Concern. The proposed 85.8-foot gravel driveway will result in the filling of 858 square feet of high ground in the Estuarine Shoreline Area of Environmental Concern. The proposed development of a 16 foot by 32-foot covered platform will result in the shading of 512 square feet of Estuarine Shoreline Areas of Environmental Concern. The proposed development of the 250-foot bridge will result in the shading of 2,500 square feet of the Coastal Wetlands Area of Environmental Concern. Temporary water turbidity will occur during pier construction. Submitted by: Cynthia Rountree Date: April 24, 2018 Received Bill Belter-Cape Hatteras Oyster Company MR March 21, 2018 DCM-EC Project Description: The subject property is located at 47382 Rocky Rollinson Road in Buxton, Dare County, North Carolina. The property is an undeveloped 2.59 acre lot with 1.3 acres of Coastal and Section 404 wetlands. The proposed project is associated with the improvements to lot 2 on Rocky Rollinson Road for Cape Hatteras Oyster Company to develop a hatchery, nursery and pier to support the existing oyster farm located just offshore of the subject property in the Pamlico Sound. The project plans in the Pamlico Sound include a 160' pier with a 12'x32' platform and 4 boats slips. A 10'6" wide by 250' long elevated wooden bridge over Coastal Wetlands is being proposed that will provide vehicle access to the pier and a proposed 16'x32' open roofed platform which will serve as a nursery area with several tanks to support oyster farm production. In addition a 28'x32' nursery building and 30'x60' storage/packaging building with a one bedroom apartment will be constructed on the upland portion of the property. The one bedroom apartment will utilize an onsite conventional septic system located adjacent to the proposed building. Construction Techniques: The pier, walkway, and bridge pilings will be installed by jetting them in hydraulically. The remaining construction will be done by hand using conventional framing techniques. As the bridge is being constructed some matting may be placed temporarily over the coastal wetlands to provide a safe working platform. The matting will be removed when the bridge construction is complete. A pickup truck and small tractor will be used to transport material over the bridge as it is being constructed. Submerged Aquatic Vegetation (SAV) Analysis: An SAV (subaquatic vegetation) survey was conducted on 10/5/17 by Shane Staples of the Division of Coastal Management and Chris Pullinger of the Division of Water Quality. There were dense areas of wideon grass, Ruppia maritima found in the adjacent waters of the proposed pier (see attached memorandum dated 10/10/17 from Shane Staples). In the memorandum is was stated that there is an area approximately 50' x140' where little or no SAV or rhizomes were observed. This area was located approximately 160' from the shoreline and the proposed platform will be constructed in this area to minimize impacts to any SAV. Wetland Delineation: A wetland delineation was completed by Atlantic Environmental Consultants, LLC and verified by the US Army Corp of Engineers on January 19, 2018. A copy of the Approved Jurisdictional Determination signed by Billy Standridge is included with the application. RECEIVED MAY 0 7 2018 DCM-MHD CITY n7 y� H t 04/382 RoCK:y RolllnSOn Rdn 01 ��� 4�}ti,- ,i v rtF) � .:+�-' �(`1t. t t^ � • a �{('��'-41../' ..} .4P y. �" {• .i k 1 T`l.. � g7iiy � "- � �` ��5+ �' 7"' _ • � � h T., ry 51 +1 h1 r i i Y f "K 1 Ir f �r p k F °r !� I c Goo�Lc earth `9i;I rtl( P(ii'nt GIS Print Page 1 of 1 el 0 ft twm�ewm�r� 47382 Rocky Rollinson Rd Tax Ownership Curr m�popny rem Buxton, NC 27920 William A Belter Land Parcel: 027732000 Elizabeth A Better Building e�aovu. wm.wau«aw.ry wb& Pin:053718418465 Misc mow�ax«.wiw r«.mruW or Tax District: Buxton Total DARE COUNTY Subdivision: Subdivision - None ASSUMES NO LEGAL RESPONSIBILITY FOR Lot-Blk-Sect: Lot: 2 Blk: Sec: THE INFORMATION Property Use: Vacant Land (Private) CONTAINED IN THIS MAP. Building Type: Year Built: null al'.r 92,600 0 0 92,600 V _ Scale: 1:2,133 Basemap: Aerials(2012) Parcel Lines — Property Line ❑ Selected Parcel http://gis.darecountync.gov/report.html?parid=027732000&lat=35.271207839977784&ing=-75.5321640370312&z 18&bas=2012&layers=Par... 4/ 18/2018 WOW -_-__-_--__--_---I I --I ---s-+�-b, -�-• --�_-t_--_r_---__ E-------- ---_- 1�-=__=-�� �=_-_ITE __ _____ _ _ ________=== ---------- ----------------- ROCKY RONS----- --_ BUXTON, NC 133 _-_ -____-_-_y_ta_-_--__o_-__^__- __ _ ___==_____ __ BUXTOWADI- LOCATION MAP NTS BX 53 PROPOSED nU. ARE 80' DC f BUFBLBW` IN 75 AEC B5BSF - ¢ (85.8 LN.FT. X 10') '+'{.+t F67LND LOPE BY EFSACGE '�'x• ON 1/m/18 AEC LMW I ARM F. / . - IA� N. 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BOX MAC K/M INW,, N.C. 279,09 4/10/18. 4/18/18 (251)26/-7707, a-moi/ dougdaecOgmoi/.com FHE: 2018-CAMA DATE: 2/12/18 REVISED:5/21/18 OCA M DECKING �8 ORDER ODIUM ROOF PROPOSED PLATFORM VPROPOSED WALKWAY J BOLT OPEN %GALVV. V.MNUT k WAM 1 MIN. --` I�— I I ,'ll', II III L. :I• II �I�`�I I I�Ij III;��', PROPOSED B'XB' FILINGS PLATFORM CROSS SECTION A -A N.T.S 12' �— PROPOSED PLATFORM IV x Iw ,2X5 DECKING 1.5' MIN. 8' P.T PIUNGS--�� I—v To yy _TYPICAL PIER CROSS SECTION OW PIUNGS N.T.S. '. 3' PIER _3,1 I I I 3O MSTING BOTION IIII II IT III I. IIII-! I III '•J I'�. IIII! .IIII I' .I! SI I,'I :,! .t .li l- .�'�: �•:''1 1 i, I,. II :I• ,I .�._ :III. IA. •! - 11 I I I \ II II\ II II BIN yy f �-f u- u\ u u BIN 6 ® "V � PROPGGG�ED 8'x6' PIUNGS PROPO'. PLATFORM CROSS SECTION B-B xTa P.T. J0151 3-2"I F E072W FENAAM 8'x6' PIUNGS Received Ipp 2 3 1D1D ®CM -EC BRIDGE CROSS SECTION SHEET 2 OF 2 N.T.S. PROJECT DETIALS CAPE HATTERAS OYSTER COMPANY. 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I ti: I I .I I.I FI Iii 1..1'I i�ij I!^iI I:I � I II II LJ u \ LJ lJ PROPO B'%B' PILINGS PROPOS D 8'%6' PIDNCS PLATFORM CROSS SECTION A -A P.,> 12' PROPOSED PIER PROPOSED PLATFORM 12' X 16' r2XS DECKING 3' 1.5' MIN. 3 0 EVSTING BOTTOM 7025�� ®B'YGlT�kYBaC� it I I \ I I 7 u u o\s�D u SIR L ® AT{ V � PROP e'%6' PILINGS PLATFORM CROSS SECTION B-B �y HTS ®Be�L IROB P.T. J0151 3-2° 1 3R15mG WOMB B' P.T VARIES -3' 18 TYPICAL PIER CROSS SECTION N.T.S. B'XW'PIDNGS Received IPF' 2 3 1010 ®CM -EC BRIDGE CROSS SECTION SHEET 2 OF 2 N.T.S. PROJECT DETIALS CAPE HATTERAS OYSTER COMPANY, BILL BELTER BUXTON — DARE COUNTY — NORTH CAROLINA so' o' 100' zoo' soo' ATLANTIC ENIINONAIMW CONSULTANTS, LLC GRAPHIC SCALE 1"=100' P.O. BOX J266, K/77Y 1140K, NO. 27949 (252)261-7707 a -moil dougdoec®gmoilcom FILE: 2018—CAMA DATE: 2/12/18 RENSED: 4/10/1 B, 4/18/18 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 Phone/Fax March 21, 2018 Shirley Weisse 1133 Meadow Glen Court Bloomfield Hills, MI 48304 Dear Mrs. Weisse, CERTIFIED MAIL RETURN RECEIPT REQUESTED Received MAR 2 8 2018 DCM-EC The owners of the adjacent property are applying for a CAMA Major permit to construct a bridge over coastal wetlands to access a pier and roofed platform that will be used to support the existing oyster farm located in the adjacent Pamlico Sound. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dougdaec@gmail.com. Sincerely, Doug �+.� SIGNATURE DATE RECEIVED MAY 0 7 2018 DCM-MHD CITY 3 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 Phone/Fax CERTIFIED MAIL RETURN RECEIPT REQUESTED March 21, 2018 Received MAR 2 6 2010 Keith & Katherine Miller DMEC 128 Windsor Road Mechanicsburg, PA 17050 Dear Mr. & Mrs. Miller, The owners of the adjacent property are applying for a CAMA Major permit to construct a bridge over coastal wetlands to access a pier and roofed platform that will be used to support the existing oyster farm located in the adjacent Pamlico Sound. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dougdaec@gmail.com. Sincerely, Doug Dorman SIGNATURE DATE ■ Complete items 1, 2, and 3. ■ Print your name and address an 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: 6hli,R4�- y w95/ui-:7 1r-?3 N 9M)Olot.J bL,5-'1/ C j 61cra�-tFj�.lO !tills, NIT yg�y IIIIIIIG IIIII IIIIIIIIIII IIIIIIII IIII III 1111111 9590 9402 1609 6053 1097 76 7015 1730 0001 3043 6511 Ps Form 3811, July 2015 PSN 753D-02.000.9053 B. Re*M by (Printed Name) C. Dateof Deliver. Is deliverya"ieWO MlWietti OfAm 17 ❑ Yes If YES, enter delivery address below: ❑No APP 1 3 201E DIME 3. Service Type ❑ Norfty Mall Express® El Adult signature ❑ Registered Mail - El Adult Signature Restricted Delivery ❑ Registered Mail Randall aVertlfed Mall® Denary ❑ CaMed Mall Restricted Delivery 0 D=Ptfr ❑ soiled on Delivery ❑ collect on Delivery Restricted Delivery ❑ Signature Cadtnnaeon^ Insured Mal ❑ Signature confirmation Insured Mail Restricted Delivery �I—SVnn1 Reelected Delivery ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse1FB- so that we can return the card to you. ■ Attach this card to the back of the mailpieceor on the front if space oerrnits. Domestic Return Receipt j 0 Agent (� D. Is delivery address d0rerl from Item 11 ❑ Y , If YES, enter ivory address below:. p No �iirE-I� Received l2gph�:Nj� o�(2D APR 1.1 ri i.p �j, PA l7r s'-0 III IIIII� it E III111111111 3 8 I T ON ❑Ariao'YlYl Nobly Mail Enpnea® CI, , ❑ Adult Signature Restricted Derry Regai�e0 ManTM 59D 9402 1609 6053 1096 20 O'0edified Mall® Repismred Mall Reswotec ❑ certified Mail Feel pall silvery ❑Collect oa Delivery Y � apt for 2. Article Number(Transferfrtim sarvlce la5ep ❑Conedon Delivery Reelected penvary. D Signature Confirmatcom ❑ Insured Mail ❑ Signature confirmation 7 015 17 3 0 0001 3043 6603 ] Insured Mall Restricted Delivery Restricted Delivery _ (over$5001 PS FOrM , July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt RECEIVED MAY 0 7 2018 DCM-MHD CITY A2 Add a tracking number 70151730000130436511 Delivered: BLOOMFIELD HILLS, MI 48304 on April 2, 2018 at 12:41 pm M 0 UPDATED 511812018 10:59 AM Received �RE x� -. REAL ESTATE C�QUNTY '� �}� - TRANSFER TAXO ���-EC r �u C J'WGa_15- $1 D APPI"VED ��pr C '" } TAX COL EC71 No. 150 t S 4 1'7 22 BOOK 2019 PAGE 319 (2) 700011/12 111111111111111111 Jill Recorded: 05/08/2015 12:10:34 PM BY: Claudia Harrington Vanzolla McMurtan-Smith, Register of Deeds Dare County, NC Fee Amt $26.00 NC Excise Tax: $344.00 T r x C},;; lion That No Delinquent T d 0 Excise Tax $ I Recording Time, Book and Page Tax Lot No. Parcel Identifier No. OL-%' 3 Z 000 Verified by County on the day of 20 by Mail after recording to Dixon & Dixon Law Offices, PLLC, P.O. Box 750, Avon, NC 27915 This instrument was prepared by Edward A. O'Neal, Attorney Brief Description for the index NORTH THIS DEED made this U116-- day of Q LOT 2, 2.59 ACRES, BUXTON, NC ROCKY ROLLINSON ROAD, BUXTON, NC 27920 A GENERAL WARRANTY DEED GRANTOR d SYLVIA E. MIDGETTE, Widowed and Not Remarried'' P. O. Box 147 e' Dutton, Virginia 23050 2015, by and between GRANTEE WILLIAM A. BELTER AND WIFE, ELIZABETH A. BELTER P.O. Box 1016 Buxton, NC 27920 I,`. Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, eir heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. vx W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantfeahe receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee sir�ft all that certain lot or parcel of land situated in Buxton, Hatteras Township, Dare County, North Carolina and more particularly descqk-d as follows: That certain parcel designated as "Lot 2, 2.59 Acres, 112,726.61 sq ft" as shown on that in map or plat entitled "Plat for Katherine Miller, Peggy Pentecost Division of a Parcel into Lot I and Lot 2, Buxton, NC 27920,' p� pared by Freddy D} "EFVE"red Surveyor, dated November 10, 2013, which map or plat is duly recorded in Plat Cabinet I, TC16 146, Dare County Registry. All or a portion of the property herein conveyed _ includes x does not include thee� 4ary residence oWraAtq.2018 0 DCM-MHD CITY l The property hereinabove described was acquired by Grantor by instrument dated August 28, 2014, and recorded in Deed Book 1973 on Page 39 in the Office of the Register of Deeds of Dare County. '�nn�ap showing the above described property is recorded in Plat Cabinet 1, Slide 146, Dare County Registry. TO',thNVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee si. And the for covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, t 'He is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful clai s. all persons whomsoever except for the exceptions hereinafter stated. Title to the proterry hereinabove described is subject to the following exceptions: Easements and resli-ons appearing of record, and all zoning ordinances and other land regulations applicable thereto. IN WITNESS W HEREOF" a Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its du aydrorized officers and its sea] to be hereunto affixed by authority of its Board of Directors, the day and year first above written. CC (Corporate Name, o A EAL) SYLVU E. MIDGI 1116 � (SEAL) President eceiveet• ATTEST: A ". L .120 �� (SEAL) DCM-EC o Secretary (Corporate Seal) �� (SEAL) a ri;�:::•.:`?(/�.,, COy� U STATE OF if ' UNTY/CITY OF � UlUIi 61—eJ ..w,;._ I, the undersigned, a tary Public of a County and State aforesaid, certify that Sylvia E. Midgette, Z je Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of '•. N ' • 111A1 r , 2015. ac,w{nu oe5"s :7 :+ My commission exoires: l0 / 1 11 'J V�wNotary Public N6 0 Coastal Management ENVIRONMENTAL QUALITY May 1, 2018 Mr. Bill Belter P.O. Box 1016 Buxton, NC 27920 Dear Mr. Belter: ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS Dtra-.or The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 47382 Rocky Rollinson Road in Dare County. It was received complete on April 23, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 7, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 23, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED MAY 0 7 2018 "Nothing Compares - _. State of North Carolina I Enironmental Quality I Coastal Management _ _ E)CM'M hI D CITY 401 S. GOefa St_ Ste 3001 Elizabeth City, NC 27909 _ 252-264-39011252-331-2951 [fax] Bill Belter May 1, 2018 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Cynthia Rountree, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, 1. Frank Jennings District Manager, Northeastern District NC Division of Coastal Management FJ/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Cynthia Rountree DCM, Elizabeth City, NC Doug Dorman, Atlantic Environmental Consultants, LLC NOTI(01#1401t' Iva! 'k I :: jp= J1 • • I. 1q COMMENTS ACCEPTED THROUGH May2s, 2018 APPLICANT: Bill Belter Cape Hatteras Oyster C P.O. Box 1016 = r: Buxton, NC 27920 252-489-7287 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: "t Cynthia Rountree, Division of Coastal n Management, 401 S. Griffin St., Ste rn300, Elizabeth City, NC 27909, 252- cl 1 264-3901, ext. 233 ROY COOPER c,e,rt„e MICHAEL S. REGAN r-a- Sener.. BRAXTON C. DAVIS Coastal Management Director ENVIGGNHFWAL QU,' }-v EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 lepals@thecoastlandtimes.net RECEIVED FROM: Ella Godfrey MAY 0 7 P018 DATE: 05-01-18 DCIv1-MHD CITY SUBJECT: Public Notice: Bill Belter Please publish the attached Notice in the Sunday, May 6, 2018 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File `'Nothing Compares .,, State of North Carolina I Enwroomental Quality I Coastal Management 401 S. Gin St., Suite 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 4/23/18. Bill Belter proposes to construct a pier with platform, an elevated wooden bridge, a covered platform, nursery building, storage/packaging building and gravel drive for an oyster hatchery adjacent to Pamilco Sound located at 47382 Rocky Rollinson Road in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 5/26/18, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, May 6, 2018 s RECEIVED r U.S. ARMY CORPS OF ENGINEERS MAY 0 7 2018 WILMINGTON DISTRICT Action Id. SAW-2017-02638 County: Dare County U.S.G.S. Quad: Buxton DCM-MHD CITY NOTIFICATION OF JURISDICTIONAL DETERNUNATION Property Owner/Applicant: Mr. William Better Received Address: P.O. Box 1016 MAR l A MP Buxton, NC 27920 Telephone Number: 252-489-7287 pp qq ®C I DEC Size (acres) 2.59 Nearest Town Buxton Nearest Waterway Pamlico Sound River Basin Pamlico USGS HUC 03020105 Coordinates Latitude: 35.27035 Longitude:-75.53194 Location description: The 2.59-acre property is located approximately 840 feet east of NC 12 at 47382 Rocky Roltinson Rd. in Buxton. Dare County, North Carolina. The undeveloped property contains 1,08 acres of wetlands. Indicate Which of the Followine Applv: A. Preliminary Determination There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would he affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on March 12, 2018. Unless there is a change in the Page 1 of 2 i SAW-2017-02638 law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Billy Standridge at (910) 251-4595 or Billy.W.Standridge(@.usace.army.mil. C. Basis For Determination: The wetlands within the property were delineated using the Corns of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0. The wetlands abut the Pamlico Sound, a Traditional Navigable Water. D. Remarks: The wetland boundary is accurately depicted on the attached plat entitled "Lot 2 Rocky Rollinson Road Buxton, NC 27920" dated December 28, 2017. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 11, 2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** STANDRIDGEBILLY. MNMIDZ 9UY.WAYNE,3G6699956 Corps Regulatory Official WAYN E.1240687956 o re 30n.6 MDRIAWE�ULY WAYNEn< 7956 Date: March 12, 2018 Expiration Date: March 12, 2023 Received MAR 2 6 1018 1 44 SAW-2017-02638 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at h=://coEpsmayu.usace.army.mil/cm apex/f12=136:4:0. Copy Fumished: Mr. Doug Dorman Atlantic Environmental Consultants, LLC P.O. Box 3266 Kitty Hawk, NC 27949 Received MAR 2 6 D M-EC GtECENED MAY � 7 2018 DCM-MHD CITY 0 SAW-2017-02638 PNNBelter NN RFileNumber: MSAW- Applicant: Mr. William Date: March 12, 2018 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A Fj PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E EQTION` Tlie Follow lgiilentifies, your rights and optlons`>legardmg an admu istrative'appeal o the above `t✓ x .a$- y�s �� ,cs-4' w a $ c cledisiotddrtlona£ information m� j 'be:found at http //www trsace army rmllmet/functlonste�/ceewd/rein or k _4,.r�i,�a A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer - will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. MAR 2 6 2010 DMEC It seW_znn_nzsaa E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ST`FOx APPEAt 4-01YMM - NS TO AN INITIAL PROFFERED PERMIT - REASONS FMOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. UEST1ON INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Billy Standridge CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o ortuni to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Billy Standridge, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECENEo MAy o 12o�a DCM-M"C CIV Received MAR 2 6 7m DCM-EC L - t BUXTON, NC 11 `,,. C�..11 El , °�Q�N �� SR 1Tia a o L = = SEA o 9 L-2958 a %'"1,,, BUXTON BACK ROAD co D P,,.. m " y D . R, m WETLAND CERTIFICATION This certifies that this copy of this plat Id Bearin Distance 1 S 44015'23" E 44.3b' accurately depicts the boundary of the L2 S 77031'11" E 54.80' jurisdiction of the section 404 of the L3 S 83030'52" E 58.33' clean water act under the present law L4 N84026'28"E 19.76' and regulations as determined by the L5 N 27057'35" E 31.65' undersigned on this date. Unless L6 N 47034'50" E 29.84' there is a change in the law or our L7 N 32056'15" E 31.52' published regulations, this L8 S 72043'07" E 32.08' determination of section 404 L9 S 65046'15" E 37.61' jurisdiction may be relied upon for a L10 S 61 of 8'25" E 14.21' period not to exceed five years from 1-11 S 56003'36" E 33.77' this date. This determination was L12 S 51005'48" E 12.63' made utilizing the 1987 Corps of L13 N 89042'46" E 22.34' Engineers Wetland Delineation L14 N 86048'40" E 7.61' Manual. N 78-16-58" E 56.49' STANnRInr Digitallysigne �15 b ,a Ai D�,A ,��„ M all - C.D ILL I. VVM T ,Y.WAYNE.1240687 Tilt@;.'� '�07-956 — Date:2018.03.12100 75 50 25 0 100 D�6_ 11a8:00-0400' WETLAND SURVEY FOR WILLIAM A. BELTER ELIZABETH A. BELTER LOT 2 ROCKY ROLLINSON ROAD BUXTON, NC 27920 Township County State HATTERAS I DARE I N.0 Date File Number Scale 12/28/2017 5570-LSX 1" =100' Parcel Number Average Ground Ele 027732000 6' Recorded Reference FB/Pg PC "I", Slide 146; DB 2019, Pg 319 181/49 Zoning I Pin Number NAD83 FIRM ZONE DATA WETLAND 0.09 acres 3891.42 sq h (areawithin estuarine shoreline 10,737 sq It LOT LEGEND ❑ EXISTING CONCRETE MONUMENT A GEODETIC MONUMENT W WATER METER ♦ COMPUTED POINT 0 UTILITY POLE O PED-LOCK ® NIGHT LIGHT N DAMAGED CONCRETE MONUMENT GEO. MON. "K-193" EX0242 N.. 571,035.63 E 3,034,215.01' NAD 83 Fight „Y7gM OpEF�El 0%!. - WETLAND 'I 0.99 acres 43,089.39 sq It AL �u. L LOT 2 2.59 ACRES 112,726.61 sq ft': 4 d AL u. AL �z �i m000� m �9m momo ,P N�F �mz 10'_MfiL m m N y N FIRM -ZONE X FIRM ZONEAE (area within estuar ne shoreline 7008 sq 0) I, Freddy D. Rankin, Professional Land I " Surveyor, certify that this plat was drawn from an actual field land survey and that the I Freddy D. Rankin, an e certifygI that this survey is of an existing error of closure as calculated by latitudes ,,,,,,,,,,,,,,,;",;,,,,,,,,,",,,",,,,,,,,,, , MAJOR PERMIT FEE MATRIX Applicant: C4oe floep-rcal Selection Development Type Fee DCM % DWO % (14300 1601 435100093 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 o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, 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. $400 60% ($240) 40% ($160) 4097 (see attached) could RECEIVED be applied, but DCM staff determined that additional review and written DWQ 0 7 2018 concurrence is needed MAY because of concerns related to water quality or DCM-MHD CITY a uatic life: III(D). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: v Received Fi Permit No.: Applicant's Project Add NC Division of Coastal Management Cashier's Official Receipt 5571 A B C D Date: 20 /-9- Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representativ 4•` e: Date: '7G Date: a b RECEIVED MAY 0 7 2018 DCM-MHD CITY f 1. —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: Bill Befter Date: April 24, 2018 Project Site County., Dare Staff., Cynthia Rountree District Z Elizabeth City El Washington El Morehead City El Wilmington Project Name: Cape Hatteras Oyster Company Rover File: Elate of initial application submittal (E)C IWM7). 3/26/2018 Date application "received as complete" in the Field office (EX., 1/8/2007): April 23, 2018 Permit Authorization: 0 CAMA ❑Dredge & Flll gBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: [I Yes ®No Photos Taken: Yes® No[] Setback Required (riparian): [I Yes ®No Critical Habitat: [I Yes ®No El Not Sure 15 foot waiver obtained. ❑Yes ENo Hazard Notification Returned., [I Yes ®No SAV:®Yes ❑No ❑Not Sure Shell Bottom: ❑Yes ®No El Not Sure Temporary Impacts: Eyes No Sandbags: ❑ Yes ®No ❑ Not Sure Did the land use classification come from county LUP:®Yes ❑No Mitigation Required (optional): El Yes ®No Moratorium Conditions: [I Yes ®No El NA Environmental Assessment Done: []Yes ®No❑NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ® High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ® (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 altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Dishchlis ❑ (SC) Bullrush or three square (Scitpus (TY) )Cattail (Typha sp.) spicata) Sp.) ® (JR) Black needlerush (Juncus ❑ (SP) Saltimeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ 111(A) Private w/ D&F up to 1 acre; 3490 ❑ 111(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 cant be applied - $400 ❑ Minor Modification to a CAMA Major El 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 ❑ Ill(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ®II. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ 1. Private no dredge and/or rill - $250 ❑ Ill(C) Pdv. public or comm w ID&F to 1 acre; 3490 can be applied; DCM needs MAY 0 7 2018 DWO agreement - $400 DCM-MHD CITY 252-808-2808 :: 1.888.4RCOA3T :: www.nccoastalmananement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) a •'�" Applicant., Bill Belter Date: April 24, 2018 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One Boardwalk 1 New Work® Replace 53 ft 6 ft Maint ❑ ❑ Y ® N Boat Slips 4 New Work® Replace Maint ❑ ❑ Y ® N Bridge 1 New Work® Replace 250 ft 10.5 ft Maint❑ ❑Y®N Fill (road) 1 New Work ® Replace 85.8 ft 10 ft 4 in Maint ❑ ❑ Y ® N Pier "L" head 1 New Work® Replace 12 ft 32 ft Maint ❑ ❑ Y ® N Pier 1 New Work ® Replace 160 ft 6 ft Maint ❑ ❑ Y ON Platform (on 1 New Work® Replace 16 ft 32 ft land) covered Maint❑ ❑ Y ® N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work [I Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint El ❑Y[IN New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace . Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ a ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 AC 09iltision of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Bill Better Date: April 24, 2018 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 andror restoration or andior temp restoration or temp impact temp impacts) impact amount) ternimpacts) amount High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 858 sgft 858 sgft High Marsh Dredge ❑ Fill ❑ Both ❑ Other ® 2,500 sqft 2,500 sgft Low Marsh Dredge ❑ Fill ❑ Both ❑ Other ® 258 sgft 258 sgft Open Water Dredge [I Fill [I Both [I Other® 1,344sgft 1,344sgft High Ground Dredge ❑ Fill ❑ Both ❑ Other ® 572 sgft 572 sgft Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAY 0 7 202 DCM-MHD CITY 252-808-2808 :: 1.888-4RCOA3T :: www.nccoastaimanagement.net revised: Nov. 2012 Coastal Management ENVIRONMENTAL OUALITY March 28, 2018 Doug A. Dorman P.O. Box 3266 Kitty Hawk, NC 27949 Re: Cape Hatteras Oyster Company Dear Mr. Dorman: ROY COOPER Gavnmor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS 0,mc'ror The NC Division of Coastal Management hereby acknowledges receipt of your application on March 26, 2018, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0203-.0204 (copies enclosed). This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. The appropriate application form must be submitted. Please complete and provide Form DCM-MP-2 numbers 4 and 5. 2. Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: ■ Form DCM-MP-I: - Number 3.a, about river basin please enter Pasquotank. - Number 5.c, about methodology please finish this description. ■ Form DCM-MP-4: - Number La, about docking facility/marina this is for a commercial activity so please mark commercial. 3. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ A Plan View must be submitted that: RECEIVED - Indicates the Shoreline APR 0 5 2018 -''Nothing Compares - State of North Carolina I Environmental Quahty I Coastal Management /� p pl o fE I.•I (] CITY 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 ®C l V I � V i 252-264-39011252-331-2951 [fax] Doug A. Dorman March 28, 2018 Page 2 of 4 Indicates exact dimensions of Fill Areas - Indicates Type and Location of Sewage Treatment - Indicates the presence of any 404 or Coastal Wetland Marsh in area of proposed work. - When submitting multiple pages for drawings please number the drawings (exp. Page Iof2) ■ The Plat must locate project area wetlands and identify the agency or consultant making the determination, along with the date the determination was made. 4. The means of Wastewater Treatment on the site needs to be specified. Please indicate whether a municipal or septic system will be utilized, or provide a description of any other type of system. 5. Access to the site for development activities needs to be addressed when 404 wetlands are present. Please provide a description of how the activities will be carried out without crossing such wetlands, or seek authorization for crossing. 6. A copy of a Deed or other Title Indicating Document must be provided. Please submit the needed documentation. 7. A letter is needed that documents your authorization to act as agent for the applicant. 8. Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Retum-Mail Receipts for this notification. 9. A Check or Money Order to cover the Application Fee must be submitted. Please provide this in the amount of $150 for the additional fee for commercial development. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, V 0. Cynthia Rountree Field Representative Division of Coastal Management cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Bill Belter, Applicant, Buxton _ __ 12 RGOKY ROWN BUXTON. NC 6t z`l LOCATION MAP NTS PROPOSED FILL ARI ' IN 73 AEC BSBSF (85.6 LN.FT. X 10') I I N/l -p IOpTN W. HACK I PC ], 91de 110 H �o Received APR 2 3 1018 O/ D/'lV -EC O LOT 1 11��1�1 Gl.r PAMLICO SOUND PLATFORM 1 •X 32' 6- r dl b } • r as I r sF' I- e r -so' L8C8ND nn ��+�� - PROPOSED CRANFL DRIVE III 30' 0 BUREIL LINE 75' AEC UNE ----- -•-•- - WETLAND UNE (WMnM BY USACOE 1/19/18) -...— - - MSTNG SHOREUNE (NW) r 44• - DISBNG WATER DEPTHS I SHEET 1 OF 2 COASTAL NA-17ANDS WETLANDS 1.30 acres 56,641.71 sq ! PROPOSED BRIDGE 10'8' X 250' • LOT 2 (12,726.61 sq tt it 'l`k PROPOSED DRIVEWAY 20' MADE W/ TURNAROUND PROPOSED STORAGE AN PACKING BUIDING WITH •• ONE BEDROOM 30' X 60' I iA,9 IQI N A1'88.58' r I>�I ICI ROCKY ROLLINSON ROAD 60' R/W 2 MUSSING 3' CULYEETS . IFEnow PLATFORM 16'X32' DCY BUFFER LINE :AND LOVE FM BY USACOE /1B/1B AEC LINE N/1 GrOBGE BDLUNBdN BBDl3 C/O B y R 1I1393r PC I' BLmr IOR DB BB, Pr 18 AEC LINE DCM BUFFER CAMA MAJOR SITE PLAN CAPE HATTERAS OYSTER COMPANY BILL BELTER BUXTON - DARE COUNTY - NORTH CAROLINA 100' 200' aoo' ATLANT/C EMORONK-NTAL CONSULTANTS, LLC GRAPHIC SCA oo' P.O. 90XZA,, X/TTY164#X N.C. 27949 �'1 (152)2SI-7707 a -moil &ugdoecOgmof/.com FILE 2018-CAMA DATE: 2/12/18 < RE`,SED:4/10/l B, 4/18/18 PROPOSED OPEN ROOFED PLATFORM (PROPOSED WO WAY TO PIER I II II II I I II I I I IV�1 I I I I 1 E� \ LJ LJ PROP 6'%6' %LINOS !'x6' P6AW5 A&MORM CROSS SECTION A -A Q) MTA 12' PROPOSED PLVmm rPROPO5E0 %ER 2' x 15' 1 rYxO OEafING 3' MII 1.6' MN. Y .I3 OWY-W00 LiSIN L 0 AM a3AI30.98 P.T. 4'X6' FLOOR - JOISTS THOUGHOUT 3-2'X12' P.T. GIRD 8'x4' P.T. PILll 3'4' OC KamG COAbT.1L mums II II II I6 II\ II Li \ tt u PR 6'%8' %LMOS PLATFORM CROSS"SECTION B-B t 0'6" P.T. YX8' DECKING 3' kl -I- =A M DECKING2.8 GIRDER 5/6' GALV. TIMBERBCLT W/GALV. NUT 6 WASHMIN. H0.142XSJaS jNW VA B' P.T PWNGS�DEPTH -1' TO -T TYPICAL PIER CROSS SECTION N.T.S. 6'W MHOS Received 11 ll°�y:1 iom DCM-EC BRIDGE CROSS SECTION SHEET 2 OF 2 N.T.S. PROJECT DETIALS CAPE HATTERAS OYSTER COMPANY BILL BELTER UXTON — DARE COUNTY — NORTH CAROLINA so' o' 10 zoo' aoo' ATLANTIC ENVIRONMENTAL CONS(/LTANTS, LLC GRAPHIC SCALE " nSED: P,O. BOX Mhf,, K/1TY H�4W,, N.C. 179V.9 (251f161-7707, a moll dougmWeOgmollcom FlLE: 2018-CAMA DATE: 2/12/18 4/10/18, 4/18/18 S RECEIVED AUG 15 Z018 DCM-MHD CITY �cgNo -IXt/YPFpM Q - )m !17/ 7/W 4="I iKJ[ ¢T a/01/18 ELWViNK - EIEC)NC a11B IO ®- MIFB YERA N 38$ sAN 9EYFR aEwarr m 8RI)Y P 91E WY YFE AE YNNMIT "" wFww. 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(ximq C ILT m'.61.Vf CIMIa mmx xoel¢ 91, R�1Ci1 PErA,EF3 NOIDF. mw N9t WFMmO POFa6) (Ra'JF O'ER,ANaO PNYIIFDk iaml ss. (2)-71) I YMIWI fl/.Y MTAa. QRIfY nUr A6 FUi H5 CMW YCFA ( CARp��••P NY 9NFRN9.•N rROI ra wen%AL vmar YME uaA Yr vmERY9at y,"•••"` C/ ••i Q® TR.POIMN PECtldh9 Y�P Q In Ess r�'V.`S MAr 1XE BOArtWES Nti 9NfE101 YE NYCAIEB As EPAIII FRYI SEAL C*y ` WT M B,LT fI%L%A101 a IA4 MAT 116% MT YFL3 nE IEPYS)4,R 6 )YE NY w MMICE m L-2592 e 1 ao�rram, cwn. Nuc Srum7. g�— bsAj�.' t RAY Nk-F;A. L as awl LOT t GRAPHIC SCALE a o s m ro In (NET) t inch = 30 ft .M XIIJO) W PER 9JR,£Y, 1 IIm zIIWY FM OAMO B. Y!X a CMQ A MNN-iai } PNA¢ -ME cmae « MUlA-PChM BQANp r01M5NP- a%nma caMx-xaaM •.n, CMLL84' 0Y %ESA oAIIR PRCi' ""' mnaRulaa suRAEY ¢ v/„/,). ...... asson%m wrtn 1E%n (r"L7 Ilmm w G,,A1.A )A A .I. ulE As PER oAYo T. CURRITUCK m ER®a ER , PPRO £O Fr. S ,vei SOUND IIMA7 (PFA Pc F, s s-+o L2 Wr "" L72 w L3 AL. # ra..9� r1 M26b' [ La .w �o j4 is .. - COASTAL MARSH OI .1 A bE MT (1j Mi 1105• y5' Y.flL O p BY f06RY AUp ,W y A, i Ulllx k MA01A� % :.p4+ A L �• /i Y A . )IE Ad m EIS .T % Yi-O"- £ 45 ltl % 1C PMgX. rA¢ (rn•) LOT 2 %s r-------------- }! PNroo�o LOT 3^^jj - UPLANDS al / I 'AA 'NA ON rore]no m P%aW5 IN o I 'A W COlfllFl� C. f%mPO4L \'� I LRI�K�EA1Y \\\yFTj14 I r g LOT 4 i m LOT 5 • � I I 1 AL i)AL r � 1 � IAk ---n) m5a1YII 7 t£4 +m/17 AL CUSOU 1'�Ir a4 u9 /�'4k D� d iy.�% mAsra� w klZ YAR91 U PER 410KY. SIMEY FORM Ma 8 _ WN' aD I . ,y��l� ` -L MN4-PoPLM BRNIQI ,WF6Y'- gmnpl minx -BORN / >� iw a "" avnau' n YESA maFs9arL 1 � 1 'sad � ,a.' a► UPLANDS FEN¢ Is' a PROPmx ,ry a msaNAw,. swAEY aA,E 9n,n). 'µIV` irMCAL) w y� iA f �-.---miFRllm .l,a Itxi :00Exw'i�7 0®morcur;nmI om o mrim�lra ELa CURVE TABLE a1RAE RAG14 aorA tFKM GIOm 00AA0. CI Wm 35M n.n ee uM m ss 1 A E .ECT iO ANY FACTS THAT MAY BE ILL AND ACCURATE TITLE SEARCH. III COMPUTATION - :LX354 S.F. 72LEVEL V PRESERVATION LIE. )OR UPLAND3F.E. 5.4' (PER FJ.S.) + 1.0- FREEBOARD M3 :I-- P.C. F, S- 5-11; D.B. 1419, PC, 178 S (UK) SHOIHN/ HEREIN ARE PER THE ING REGULATIONS. OTHER SETBACKS S MAY APPLY AND MUSE BE VERIFIED 1988} AS SHOWN lRAGE BASED ON PER C RRITUCK COUNTY U.D.O. I (3) - ±33.791 S.F. CURSSTUCK CLUB P.U.O. 0 (PER COVENANTS) ICLUDES HOUSE, DECKS. PORCHES) ROOF OVERHANGS NOT INCLUDED). 4,118 S.F. 11.31Q 7E DECK, POOL EOPT, GAZEBO : 2.133 S.F. 5.9V ING AREAS, CONCRETE WALK 4.153 S.F. 11.42) ED LOT COVERAGE: 10,404 S.F. (2&81h C.AM.A. AF.C. 21.928 S.F. (302) ALLOWED OVER PFRFRVIWS SURFACE. ROOF OVERHANGS D) 2,393 S.F. (10-92) CLDRITUCK COUNTY ZONING: D INCLUDES HOUSE. DECKS OVER IMPERVIOU& PORCHES) 200E OVERHANGS INCLUDED): 10,101 S.F. (27.7%) N CARD''•. QE'ESSiQy.��' SEAL 9 L-2592 .04 I, MANSON RAY MEEIORS, CERTIFY THAT THIS PLAT WAS DRAWN ULCER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTDM RECORDED IN BOCK 1419 PAGE i78 THAT THE SMINDARES NOT SURVEYED ARE INDICATED AS DRAWN FROM }. (DEED DESCRIPTION RECOPDED N BOOK PACE } THAT THE RATIO OF PRECISION AS CALCULATED IS T/1O,9OO+; MAT THIS PLAT MEETS 114E REOMMEIERTS OF THE STANDARDS OF PRACTICE FOR LRD SURVEYING IN NORTH CAROINA ( NCAC 56.16OOj THIS 2N0 0 ST 20 18 S RVEYOR L-2592 ECEIVED ;BUG 1 5 DCM-MHD CITY W�CAP ,) SOUND snro2's'w _L5 ".' 96.33_ {` JIL L Alit L4 COASTAL Aku L3 MARSH "AL - _--� 33.05' 25' M.B.L. UTILITY ENTAINAGE _ ViET qSJ. 30' C.AM.A I �It ___-__ =�- - ---� �_-=- - - - - - - - - - - - LOT 3 -' PRaPosEO, ' % `RETANINC - r WALL(TYP)� UPLANDS Na• I R� RETAINING \ WALL (TIP) 0.5, 1V X 18' PARKING SPACE (TYP) X411M i11c I I AL I I`�1�POOL EOP7° S. o l L I I dW 24L ? PROPOSED 2 STORY WOOD ) FRAME DWELLING ON PILINGS W/ \"-' ATTACHED GARAGE I .tl } ON CC ICRETE �-5.3Y °' I I Z 1 � / 1 / I ZI I "-I PROPOSED CONCRETE DRIVEWAY DRIVEWAY ; I 1 � 1 I t,- I � I I I N , I I I I I Vi I 1 f- bi ib I 1- GI la I I 1 25' UTILITY & DRAINAGE EASEMENT ON51: WAIL I2Y[l (PO( PC F, SL s-11) 11/27/17 I vr fit,24r 'w COASTAL MARSH ` NWj' A ONE FOOT (I-) PRESERVATION STRIP HAS BEEN RETAINED 0 BY FIDELITY CORP. ALONG THE DESIONATEO CA.M.A MEAN HIGH AL �' �j w! s,l WATER LINE. NO PORTION OF THE LOTS SHOWN HERON, OR Jlllt F ` ' THE REMA94NO LANDS OF THE P.U.D. HAVE RIPARIAN RIGHTS IL �� N / (PER PC F. 4 5-1l ) F — — dRt - iL POOL I I A _ AlL M I 1 iN U114 Y / PROPOSED MNINMI4 (TYP) iL Hn I r!i AL 1 :9 1 , / 1I �j COASTAL d MARSH I Z w J !NO w OBSERVED WATER LEVEL. tt/27/n AAIq Z O, .CDcs (I jN ��� ' f �HIL.' ills \ UPLANDS to t .17 / ws_�, x Y( i3g.�5 i WOOD FENCE 1 21' WEST OF PROPERTY LINE BENCH MARK SET: MAIL IN OAK TREE; RSEV.: 6.40' LOT 4 AL N w 0.4' BG :3.54' :m Dow 8 i Of AG ' W/ CAP w CURRITUCK SOUND COASTAL MARSH LINES PER SURVEY. 'ENTITLED SURVEY FOR DAVID B. MINK h CAROL A. MINK -LOT 3- PHASE 1-THE OURRTUCC CLUB - COROLLA -POPLAR BRANCH TOWNSHIP- CURRITUCK CORITY-NORTH CAROLINA' BY MESA PROFESSIONAL CORPORATIONN, SURVEY DATE 9/11/17. (TYPICAL) OBSERVED WATER LEVEL 11 /27/17 J=33