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HomeMy WebLinkAbout104-18 Frena, Mark & Anita- _ -........................... .._..____.._« Permit Class Permit Number NEW 104-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Mark and Anita Frena, 119 South Dogwood Trail Southern Shores NC 27949 Authorizing development in Dare County at adi. to man-made canal leading to Jean Guite Creek. at 119 & 121 S. Dogwood Tr.; in southern Shores, as requested in the permittee's application dated 2/5/18 (MP-1,3), 8/1/18.(MP-2) and 8/2/18 (MP-4), including attached workplan drawings (1), Revised 7/10/18. This permit, issued on September 21, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation rr mese terms may oe suoiect to rmes, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead alignment shall approximate the normal water level at the. time of construction. 2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 3) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. v/ Braxton. bavis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee and Anita Frena ADDITIONAL CONDITIONS Permit No.104-18 Page 2 of 5 The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. The bulkhead shall be constructed prior to any backfilling activities. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. The fill material shall be clean and free of any pollutants except in trace quantities. ;.All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. No backfill material is to be placed within 30 feet of the normal waterline, except that which will be used to backfill the area behind the permitted bulkhead. All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control A ground cover sufficient to restrain erosion shall be provided within M calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Docking Facility and Breakwater This permit. authorizes only the docks, piers, incorporated breakwater, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. ,v, 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 2 formalized boat slips, one located at the authorized boathouse and one located at the authorized floating dock. and Anita Frena ADDITIONAL CONDITIONS Permit No.104-18 Page 3 of 5 The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the authorized workplans. The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 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. r :r: Should the property at 119 South Dogwood Trail be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. The breakwater shall be positioned as depicted in the attached workplan drawings. The height of the permitted breakwater shall not exceed 12 inches above normal water level. The breakwater shall be constructed with an equal gap between each sheathing board totaling at least two inches of open area for every two linear feet of breakwater. The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. Excavation In order to reduce the potential for negative effects on the spawning migration of anadromous fish and juvenile finfish populations, no excavation or filling shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. No excavation shall take place outside of the area indicated on the workplan drawings. Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of . excavation exceed the depth of connecting waters. 'The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. Mark and Anita Frena Permit No.104-18 Page 4 of 5 ADDITIONAL CONDITIONS - Maintenance Clause 28) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Spoil Disposal 29) No spoil material shall be placed within30 feet of the normal water line. 30) All excavated materials shall be confined above normal water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any. marsh or surrounding waters. 31) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. USACE Conditions 32) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. General 33) Any mitigative measures or environmental commitments specifically made by the applicant in the narrative for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 34) 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. 35) 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 parry. 36) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Mark and Anita Frena Permit No.104-18 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-00902). NOTE: 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. 2018-0623. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New Major Mod Permit# Minor Mod Renewal Transfer Permit Coordinator: XJ,J1Q Q1 a�k Field Representative: r- Cu Date/Time / Message 1 (I �lig �� 'DlW �� COX 4•b� ��"l �^O/Y T 7 �/ K44-—E-wtcrLw,. ;S cM O 4{: o.Miwf 1 / J f r/ Pl'DrKtAilec, � ba-f'4 Cl- W(C:a� Ci K o�Hc.c+ �/ ay7fl ���aw� . �•� ri• C uwc�ar IJla9- 60 (A . '�65uos" &(Awf.-4 s �o,r. 1>04F A ip P-C, 7614Ito Patk W4L�- p14us &ak 4ard4ce- a:,,su4- 1.,*ts . WAte la1S13,812, rO.i G,� �qws� iAaf, 77( S, 813 Coastal Management ENVIRONMENTAL QUALITY Mark & Anita Frena 119 South Dogwood Trail Southern Shores, NC 27949 Dear Sir or Madam: September 25, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Si nKe ly, v Aal- Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City. NC 28W 252 806 2808 APPLICATION TRANSNIITTAL—ANDYROCESSIlVG RECORD A) APPLICANT: Mark & Anita Frena County: Dare LOCATION OF PROJECT: 121 S. Dogwood Trail DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 04/26/18 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth Citv DISTRICT MANAGER REVIEW: C Date: 5-- y - /;'� B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40 %) PUBLIC NOTICE REC'D: Advertise: 05/09/18 END OF NOTICE DATE: Comments due: 05/29/18 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIG A Tj 2/ O: ON: 1 4I2o1$ w C) 75 DAY DEADLINE: e6C bow- 2/g//& 150 DAY DEADLINE: MAIL OUT DATE: Circulation: 05/04/18 STATE DUE DATE: Comments due: 05/25/18 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative S Z t I( rj �rov: USAL 5 i of i� Coastal Management - LUP Consistency Division of Community Assistance M10 At Land Quality Section--DEMLR DWR/DWQ-A rote7ction`to1 qy .. Zola^0(.2 DWR/DWQ - 5-ntv0. Waic-- DWR-Public Water Supply S�o�B )C State Property Office / Division of Archives & History —Cultural Res. Division of Env. Health —Shellfish Sanitation Division of Highways --DOT 5�21 t3 >- Wildlife Resources Commission 4 Local Permit Office/Planning Dept. Ve6rDn 54115 A�rOS Z �otq v to DMF—DCM Fisheries Resource Specialist Corps of Engineers (g ($ "l i 20 02 IowN t�r.5ou(1.c.r< 51�cxeS 3�j�I (� � lc �� �1CM- I Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager YA 9 FROM: Ron Renaldi, Field Representative K.A.R. DATE: May 21, 2018 SUBJECT: Mark & Anita Frena Major Permit Recommendations ROY COOPER Go emo, MICHAEL S. REGAN sec"lary BRAXTON DAVIS D,mcw, The applicant proposes to construct a bulkhead waterward of NWL with USACE 404-wetland fill, excavate a two -slip basin, dredge within a man-made canal, construct a boat house and pier within the basin and install a wooden boardwalk around the basin. The site of the proposed development is located at 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. The development proposal involves the Public Trust Area and Public Trust Shoreline Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 1 SA NCAC 07H.0207 Public Trust Areas (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 these areas 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 rftEIVED directly or indirectly block or impair existing navigation channels, increase shoreline erosion, State of North Carolina I Environmental Quality I Coastal Management MAY 2 9 2 `.i 13 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252.2609011252331-2951 [fax] DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 2 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 proposed development is consistent with the intent of this rule 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states 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 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 proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 3 Paragraph (a)(2)(G) states that 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 proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (1) Navigation channels, canals, and boat basins, (6) Piers and Docking Facilities and (7) Bulkheads pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragranh (1) Navigation Channels, Canals, and Boat Basins Paragraph 1 states that navigation channels, canals and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this subchapter. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1)(A) states that navigation channels and canals may be allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and, if there is no reasonable alternative that would avoid the wetland losses. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1)(B) states that all dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal wetlands. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1)(C) states that dredged material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10). Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1)(D) states that widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. MAY 2 9 2018 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 4 Subparagraph (1)(E) states that boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1)(F) states that any canal or boat basin shall be excavated no deeper than the depth of the connecting waters. Consistent: The proposed development is consistent with the intent of this rule Subparagraph (1)(I) states that maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; Consistent: The proposed development is consistent with the intent of this rule. (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human -made channel was constructed before permitting was necessary, there shall be evidence that the channel was continuously used for a specific purpose; Consistent: The proposed development is consistent with the intent of this rule. (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and Consistent: The proposed development is consistent with the intent of this rule. (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (6) Piers and Docking Facilities Subparagraph (6)(A) states 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 development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 5 Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 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 do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(C) states 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. Not Applicable: Coastal wetlands do not exist on the property. Subparagraph (6)(D) states that a boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(E) states that the total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift. Not Applicable: A boat lift is not being proposed at this time. Subparagraph (6)(F) states 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 development is consistent with the intent of this rule. Subparagraph (6)(G) states that pier and docking facility length 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); Consistent: The proposed development is consistent with the intent of this rule. RECEIVED (ii) not extending into the channel portion of the water body; MAY 2 9 2018 Consistent: The proposed development is consistent with the intent of this rule. DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 6 (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 does 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 proposed development is consistent with the intent of this rule. Subparagraph (6)(I) states 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. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (7) Bulkheads Subparagraph (7)(A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead alignment averages ±7' waterward of NWL. Subparagraph (7)(B) states, "Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7)(C) states, "Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7)(D) states, "Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The site does have an identifiable erosion problem. Bulkheads exist on both sides of the property which have accelerated erosion. Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 7 (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The proposed bulkhead aligns with adjacent bulkheads (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07K 0209 Coastal Shorelines (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 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. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or e1ff&geIVED natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. MAY 2 9 201E Consistent: The proposed development is consistent with the intent of this rule. DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 8 (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall planta ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later, to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) 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 proposed development is consistent with the intent of this rule (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Mark & Anita Frena Major Permit Recommendations May 21, 2018 Page 9 (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) 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 proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed development is consistent with the intent of this rule. (D) Elevated, slatted, wooden boardwalks exclusively for pedestrians use and six feet in width or less. Consistent: The proposed development 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 permit be issued to Mark & Anita Frena provided that the USACE accepts mitigation for 404-wetland fill and approves the project. RECEIVED MAY 2 9 2018 DCM-MHD CITY f Coastal Management ENVIRONMENTAL QUALITY May 4, 2018 MEMORANDUM TO: Lee Padrick Division of Community Assistance. ROY COOPER Gmnw MICHAEL'S. REGAN secremq, BRAXTON C. DAVIS Director FROM.: Doug Huggett, Major Permits Coordinator c/o, Gregg Bodnar, Assistant. Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Mark and Anita Frena Project Location: 121 S. Dogwood Trail, Dare County Proposed. Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/28/18 to 400 Commerce Avenue., Morehead City, NC 28557 (fax: 252-247-3330). If you have any ques6pnsregarding the proposed project, please contact Ron Renaldi 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;��X!!f e DATE -- —7—/�P !'—Nothing Compares Stateof North Carolina I Environmental Quality I Coastal Management 401 S. Griliin St, Ste 3001 ElirzbeW City, NC 27909 252-264-39011252-331-2951 [fax] 71. /e /7-o3.2. Received l,eR4, MAR 19 2010 Town of Southern Shores 5375 N. Virginia Dace Trait, Southern Shorca, NC 27949 DMEC Phone 2S2-261-2394/ Fax 252-255-0876 ' w www.southerushores-ne.gov •f �AROLINP March 14, 2018 To: NC Division of Coastal Management U.S. Army Corps of Engineers I have been informed by the owners of property at 121 S. Dogwood Trail, Southern Shores, NC, they will be seeking a permit to allow certain improvements to the canal -waterfront portion of their property. The Town of Southern Shores owns fee titre to the underlying bottom of all canals in Southern Shores connecting to the Currituck Sound. the Town acquired its title after the development of the residential lots adjacent to the canals, yet acquired no easement in the actual shoreline of any adjacent properties - making subsequent local regulation of shoreline protection by a properly owner difficult. The Town does however, by policy, encourage canal -front property owners to stabilize the shorelines of their properties fronting the public canals. The policy is intended to prevent erosion and siltation into the public canals which thereby affects a canal's depth and navigability as well as its water quality. The Town has recently undertaken an important step to maintaining the value of properties in Southern Shores by dredging all its public canals, including the canal which is adjacent to this property. Boat traffic continues to erode this canal's shoreline resulting in sand entering the canal's mouth. the proposed bulkhead will eliminate that concern from this property. I support the property owner seeking a permit for this work. Sincerely, 1-2 Lr�'r" ' Peter Rascoe Town Manager - — RECEI ED MAY 0 7 2018 DCM-MHD CITY AUTHORIZATION TO ACT AS. REPRESENTATIVE FORM Landowner of record authorizes Environmental Professionals, Inc. to: 1. enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; 2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.) as needed to review regulatory alignment(s) and/or to identify additional regulatoryjurisdictions; 3. submit plats and other information to acquire regulatory agency confirmations, approvals, and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or determinations. Date N41t ROY COOPER Governor MICHAEL S. REGAN Semlary - ►.` Q XTON C. DAVIS Coastal Management MAY Dlrecror ENVIRONMENTAL QUALITY _ 91018 S^= : :apC. May 4, 2018 ;='eational o, MEMORANDUM TO: Shannon Jenkins Environmental Health— Shellfish Sanitation FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator RECEIVED Division of Coastal Management SUBJECT: CAMA Permit Application Review MAY 14 Z018 Applicant: Mark and Anita Frena DCM-MHD CITY Project Location: 121 S. Dogwood Trail, Dare County Proposed Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi 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 %,n 11iaf� 'Y r l l V A_ DATE for : Sharmn Senyos �Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 If=] 252-255-0876 TOWN HALL —r Coasta(Managemenr ENVIRONMENTAL QUALITY May 4, 2018 MEMORANDUM TO: Dabni Shelton, Local Permit Officer Southern Shores 07:15:39 p.m. 06-12-2000 ROY COOPER C..er MICHAEL S. REGAN $,Nwy BRAXTON C. DAVIS Dimamr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Mark and Anita Frena Project Location: 121 S. Dogwood Trail, Dare County Proposed Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this foam by 05/25/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: V 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. I SIGNED DATE r I l !`/'Nothing Compares.-,.., Smm of North Caroline I Emimnmmml Qee6ty I Comes Menegn 401 S. GIi01n St, Sin 3001Ukeidh COy.NC 27909 •252-764-39011257-331-2951 [fail III Is Bodnar, Gregg From: Renaldi, Ronald Sent: Monday, May 14, 2018 7:36 AM To: Bodnar, Gregg Subject: FW: [External] CAMA Permit Application Review - Frena - 121 S Dogwood Trl Gregg, below are comments from the Town of Southern Shores regarding the Frena Major Permit application. Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality Ronald. Renaldi(ancdenr.gov (252)264-3901 Ext.237 401 S. Griffin St., Ste 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: Dabni Shelton [mailto:dshelton@southernshores-nc.gov] Sent: Friday, May 11, 2018 2:41 PM To: Renaldi, Ronald <ronald.renaldi@nccienr.gov> Cc: Wes Haskett <whaskett@southernshores-nc.gov> Subject: [External] CAMA Permit Application Review - Frena - 121 S Dogwood Trl Ron, We are in receipt of the CAMA Permit Application Review for 121 S. Dogwood Trail for the construction of a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. We are inclined to reply with "no objections" however, we wanted to make you aware of our comment before doing so. The applicants, Frena, as stated in your Field Inspection Report, are also the property owners of 119 S Dogwood Trail, adjacent and to the south of the subject property. The site plan depicts a proposed landward boardwalk (around the boat basin) which appears to be partially located on 119 S Dogwood Trail. For our permitting purposes (zoning/building), we would require a permit to be issued for each property proposing 1 i improvements. Should this CAMA Permit be issued, would it also suffice for necessary permits issued from our office for 119 S Dogwood Trail? 15.ON Da6ni Shelton, C70, CFM Permit Officer Town of Southern Shores 5375 N. Virginia bare Trail Southern Shores, NC 27949 252-261-2394 ext 4 (office) 252-255-0876 (fax) dshelton@southernshores-nc.aov www.southernshores-nc.aov Coastal Management ENVIRONMENTAL QUALITY May 4, 2018 MEMORANDUM TO: Clif Whitfield, Environmental Engineer . DWR—Public Water Supply Section, WaRO ROY COOPER wWl;,al• MICHAEL S. REGAN seerelary BRAXTON C. DAVIS Dimelor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Mark and Anita Frena Project Location: 121 S. Dogwood Trail, Dare County Proposed Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made . canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed proj ect, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection tothe project as proposed. IThis agency has no comment on the proposed projeot: . 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 �-�1 d l✓ir�,� DATE '!Nothing Compares�.. ._ .. .. .. ... .. Sffila.oCNaM Caolma]H¢ruonmaolel Qmlity[Coavml Mz°eS°°leaf . 401 S.(aiffm St.. Ste 3001 b2inbelh City, NC 27909 RECEIVED MAY 07 2018 252-264-39011252-331.2951 [fax] Bodnar, Gregg From: Renaldi, Ronald Sent: Monday, May 14, 2018 11:51 AM To: Bodnar, Gregg Subject: RE: [External] CAMA Permit Application Review - Frena - 121 S Dogwood Trl Gregg, The applicant also owns 119 S. Dogwood TH. This property will have tiebacks from the basin bulkhead and a section of boardwalk. Dabni's question was more about the Town having to issue two separate permits, one for each property. IT., 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: Monday, May 14, 2018 8:17 AM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: RE: [External] CAMA Permit Application Review - Frena - 121 S Dogwood TO Thanks Ron. Did you reply to Dabni's question at the end? Gregg From: Renaldi, Ronald Sent: Monday, May 14, 2018 7:36 AM To: Bodnar, Gregg <Rreeg.bodnar@ncdenr.gov> Subject: FW: [External] CAMA Permit Application Review - Frena - 121 S Dogwood Trl Gregg, below are comments from the Town of Southern Shores regarding the Frena Major Permit application. Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality Ronald. Rena Idi(@ncdenr.gov (252)264-3901 Ext. 237 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 -5>"Noth[ngCompares,- . R Coastal Management ENVIRONMENTAL OUALITV May 4, 2018 MEMORANDUM TO: Tim Walton, Director State Property Office RECEIVED MAY 0 7 2018 DOA STATE PROPERTY OFFICE ROY COOPER G.,,emar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review RECEIVED Applicant: Mark and Anita Frena MAY 14 � !. Project Location: 121 S. Dogwood Trail, Dare County DCM-MHD CITY Proposed Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. SIGNED 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. 11711_" -'-'Nothing Compares State of North Carolina I Environmental Quality I Coaaml Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [11ax] k..44 North Carolina Department of Administration State Property Office May 8, 2018 To: Doug Huggett Major Permits Coordinator From: Joy Wayman Real Property Ag t Re: CAMA Application view Applicant — Mark & Anita Frena Construct a boat basin for 2 slips, bulkhead, excavate, boathouse & boardwalk Machelle Sanders Secretary Tim Walton Director Reply: Please confirm that the proposed facilities are not located within the 1000' USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. RECEIVED MAY 14 2018 DCM-MHD CITY State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 1 1321 Mail Service Ctr I Raleigh, NC 27699 919 807 4650 T 03/03 Coastal Manogemenr ENVIRONMCNTAI. QUALITY May 4, 2018 TO: RECEIVED M Ay 2 2 2018 MP SECTION MHD ROX COOPER (7avumor MiCHAEL S. REGAN &cratmy BRAXTON C. DAVIS David B. Harris, 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 Permit Application Review Applicant: Mark and Anita Frena Project Location: 121 S. Dogwood Trail, Dare County Proposed Project: Construct a bulkhead, excavate a two -slip basin, dr.edge within a man-made canal., construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05125118 to 400 Commerce Avenue, Morchcad City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: v 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 SIGNED _ DATE LJ FA t oU G7T— $INa ofNomb Calico I Hnrirona Ial Quality I Coastal MaoNteme-1 401 S. CttifPin St., Ste 3001 1.91mhMh Ci . , NC 279119 252.7WI9011252-3211-29511ft) t: Coastal Management ENVIRONMENTAL QUALITY May 4, 2018 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Mark and Anita Frena 121 S. Dogwood Trail, Dare County Proposed Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi 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. SIGNE DATE 15-z-I g RECEIVED — '-^Nothing Compares 2 3 2�18 Stale of North Carolina I Environmental Quality I Coastal Management MAY 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 OCM-MHD CITY 252-264-39011252-331-2951 ]fax] Coastal Management ENVIRONMENTAL OUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal anagement FROM: Charlan Owen ICP, NE District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by Mark and Anita Frena to dredge a 61 foot by 29 foot area within a manmade canal, install 193 linear feet of vinyl bulkhead and a 34 foot by 29 foot boat basin and construct a 2.5 foot wide by 27 foot long pier, a 26.7 foot by 15 foot boathouse and a 4 foot wide by 100 foot long boardwalk; at 121 South Dogwood Trail, in the Town of Southern Shores. DATE: May 15, 2018 Consistency Determination: The request is consistent with/not in conflict with the Town of Southern Shores CAMA Land Use Plan Update certified by the CRC on August 30, 2012. Overview: The subject property consists of a .85 acre lot with 122 linear feet of shoreline along a manmade canal that connects to Jean Guite Creek. Water depths range from .5 feet at the shoreline to 5 feet below Normal Water Level (NWL) approximately 60 feet from the shoreline. A 1 foot erosion escarpment is located at NWL along the shoreline. A 3,242 sq. ft. area of Section 404 wetlands is located along the shoreline. Site elevations range from 1 foot at the shoreline to 26 feet above NWL in the high ground area. The western half of the property is located in the AE (7) Floodzone and the eastern half is located in a Shaded X zone. Existing site improvements include a single-family house and driveway. An inaccessible 6 foot wide by 32 foot long dock is located 11 feet to 16 feet waterward of NWL. The shoreline was adjacent to the dock at the time it was built. Dredging of a 61 foot by 29 foot area within the manmade canal, installation of 193 linear feet of vinyl bulkhead and a 34 foot by 29 foot boat basin and construction of a 2.5 foot wide by 27 foot long pier, a 26.7 foot by 15 foot boathouse and a 4 foot wide by 100 foot long boardwalk are proposed. Dredging will reach the existing -5 foot water depth contour. Dredge spoil will be placed on the property at least 30 feet from NWL to dry. Approximately 100 linear feet of bulkhead will extend the shoreline and tie into existing bulkheads on adjacent properties to the north and south. The bulkhead will be located an average of 7 feet waterward and a maximum of 14 foot waterward of NWL. The remaining 93 linear feet of bulkhead will be used to create the boat basin. Bulkhead will be backfilled with dredge spoil and clean sand from an offsite upland source. The 2.5 foot wide pier will be centrally located in the boat basin, creating two (2) boat slips. The RECEIVED Nothing Compares MAY 2 3 2018 State of North Carolina m Environerrcal Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 l Elizabeth City. North Carolina 27909 MFID CITY 2522643901 DCM- North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 4 boathouse will be constructed within the basin and the 4 foot wide boardwalk will be installed on land around the basin. The existing dock will be removed. The waters of the Jean Guite Creek are classified as SC and Inland Primary Nursery Area in this location and are closed to shellfish harvesting. Millfoil, a type of Submerged Aquatic Vegetation (SAV), was observed at the project area. There does not appear to be any archaeological sites on or adjacent to this property. Anticipated Impacts resulting from this project are expected to include: the dredging of 1,772 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), 405 sq. ft. of Section 404 Wetlands within the Public Trust Shoreline AEC, and 74 sq. ft. of High Ground within the Public Trust Shoreline AEC; the filling of 702 sq. ft. of Public Trust/Estuarine Waters AEC, 2,445 sq. ft. of Section 404 Wetlands within the Public Trust Shoreline AEC, and 392 sq. ft. of Section 404 Wetlands outside of the Public Trust Shoreline AEC; the shading of 467 sq. ft. of Public Trust Area/Estuarine Waters AEC, and; the disturbance/filling of 1,674 sq. ft. of High Ground within the Public Trust Shoreline AEC and .11 acre of High Ground outside of the Public Trust Shoreline AEC. According to the applicant's project narrative, wetland impacts will be mitigated at 2:1 by purchase from the Great Dismal Swamp Restoration Bank, LLC. Basis for Determination: The Town of Southern Shores Existing and Future Land Uses Map identifies the subject property as "Residential". As noted on Page 62, areas within an AEC are designated as "Conservation". As indicated on Page 62, "(t) he Conservation category is applied to areas that should not be developed (i.e., preserved), or if developed (or managed and maintained), done so in a manner characterized by careful planning and cautious attention to the conservation of environmental features. Definitions of the terms used that indicate the Town's commitment to the policies follow, include: Continue: follow past and present procedures to maintain desired goal Control: to regulate or direct Encourage: to favor or foster Maintain: keep in an existing state or good condition Protect: to guard against a deterioration of a desired state Support: to shore up; may imply financial support RE�ENEo y 2 3 Zp1� 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 4 The following LUP policies may be applicable to this request. Canals: Policy 10, Page 55. "Maintain the aesthetic quality and navigability of the town -owned canal system." Action Item 10-b, Page 56. "Encourage the owners of canal front properties to stabilize the canal/lagoon banks through appropriately designed, installed and maintained bulkheads or other means of stabilization and to maintain all appurtenant structures including but not limited to docks, piers, boat lifts and ramps in an environmentally sustainable manner." Natural Hazards: Policy 18, Page 57. "Minimize and mitigate potential damages to individual properties from natural hazards." Policy 19, Page 58. "Integrate natural resource protection polices with property protection measures." Action Item 19-c, Page 58. "Continue enforcement of the Coastal Area Management Act (CAMA) regulations." Action Item 19-d, Page 58. "Continue enforcement of the State Erosion and Sedimentation Control regulations." �Nothfng 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 RECEIVED MAv 2 31a18 pCM �Hp CITY North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 4 Water Quality: Policy 25, Page 59. "Protect, maintain, and conserve coastal and 404/401 wetlands as established by State and Federal standards." Action Item 25-a, Page 59. "Promote programs and practices that prevent soil erosion and sedimentation, and control stormwater entering the beach and estuarine waters." Action Item 25-b, Page 59. "Encourage and support State and Federal vegetative buffer requirements for all water bodies, canals and lagoons to enhance water quality." Action Item 25-c, Page 59. "Prevent or control non -point source discharges to the Town's waters." 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 FtSC�XVEO MPv I3 Jp\% DCM MND G%" ROY COOPER Cddstc71Mahqg_emekt .E.NV1k0NM'E1HT6L h4ay 4, 2019 MEMORANDUM RECEiVED/pqCbEN,rq/J)M MAY 012018 QW9111ty MOO M1 . CHAEL S. REGAN BRAXT04 VA)AVIS TO: Anthony Scarbraugbj DWR - Water Quality,- 401t WaRO FROM: Doug Hugg.ett' Major,Permits Coordinator c/o Oregg.Bodaar,,Assis%nt Major Permits Coordinator Division,of Cqas1*,k4;qagqme,nt SUBJECT: LAMA -Permit Appliedtion.Rdview Applicant.'Mark And Anita Frena Project Location:, 121 S_ Dogwood Trail, Dare County Proposed -Project:. CODSttuctabulkhead,,excayat6,atwo-slip basinl,-Oredgewithin Amap=Pade canal, construct a,boathouse and pier within, the basin and install a,wooden boardw.alkraroun'd the basin. form by 3901. When appropriate, in-depth comniq4tswith supporting data arerequested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposedpr6ject. This agency approves of the project only if the, itcommended, changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED, 'DATE b, N RECEIVED Nothing Compares—, MAY 2 5 2018 State oNoitlicaroliha I Enw6amentaj Q41ality 1 Cwswl hWagentem 401 Sz Griffin St., Ste 3001 ElinWth City, NC 27909 252-264-39011252-331-2951 Iful MP SECTION MHD Water Resources Environmental Quality CERTIFIED MAIL: 70171070 0000 99221534 RETURN RECEIPT REQUESTED Mark and Anita Frena 119 South Dogwood Trail Southern Shores, North Carolina 27949 May 24, 2018 RECEIVED MAY 2 5 2018 MP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director DWR # 18-0623 Dare County Subject: REQUEST FOR ADDITIONAL INFORMATION 121 South Dogwood Trail, Southern Shores — Proposed construction of a bulkhead, filling behind the bulkhead, excavation of a two -slip basin, dredging within a man- made canal, construction of a boathouse and pier within the basin, and installation of a wooden boardwalk around the basin. Dear Mr. and Mrs. Frena: On May 7, 2018, the Division of Water Resources (Division) received your application dated February 5, 2016, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Impact Justification (Avoidance and Minimization) Please provide more details regarding avoidance and minimization of impacts to 0.13 acres of waters/wetlands associated with the construction of the bulkhead, basin, boathouse, pier, and boardwalk. (15A NCAC 02H .506 (f) and (g)). (f) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration or density of the proposed activity and all alternative designs the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters or wetlands. (g) Minimization of impacts may be demonstrated by showing that the surface waters or wetlands are able to continue to support the existing uses after project completion, or that the impacts are required due to: (1) The spatial and dimensional requirements of the project; or (2) The location of any existing structural or natural features that may dictate the placement or configuarion of the proposed project; or (3) The purpose of the project and how the purpose relates to placement, configuration or density. • This should include alternative designs and layouts of the project area. • This Office believes that the wetland impacts labeled on the plan as proposed can be moved or reconfigured to avoid the impacts to the 404/401 wetlands. Please revise the plans to -""Nothing Compares',, State or North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Caroline 27889 252-946-6481 avoid the impacts or provide a detailed,explanation of why this; plan for the activity, cannot be 'practically accomplished, reduced; or reconfigured to avoid impacts to the open waters. Pursuant:to 15A NCAC 2H. 0506 (6)(f) and Title 15A NCAC 02H .0506'(6)(g); the applicant shall furn shall of the above requested.information for the proper consideration -of the application. If all ofthe•regyested information is not received =in writing within Mcalendar days of receipt of this letter, the Division will be unable to .approve the, applicationrand it will be returned. The return of this project Will necessitate reapplication to the -Division for approval,. including, a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of;all`:of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, . NC,27699:1617. Please be aware that you have no authorization under the Section 401 of the Clean Water,Act,for this activity and any Work done within waters of the state May bea violation of North Carolina General Statutes and Administrative Code. Please contact Chris Pullinger at 252-948-3922 or chris.oullinaergncdenr.eov if you have -any questions; or concerns. Sincerely, Chris Pullinger, Environmental Specialist II Water Quality Regional OperationSection Division of Water Resources;;NCDEQ cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email) Shane Staples, DCM Washington(via e-mail) Maria'Dunn, NCWRC Washington (via e-mail) Ron Renaldi, DGM Elizabeth City (viae-mail) Gregg Bodnar, DCM Morehead City (via e-mail) .George Wood, Environmental Professionals, Inc.. (via email —obxwood@yahoo.com) DWR WaRO 401 files Laserfiche rKRECEIVED MAY 2 5 2018 MP SECTION MHD Bodnar, Gre From: Pullinger, Robert C Sent: Thursday, May 24, 2018 5:02 PM To: Bodnar, Gregg Cc: Pelletier, Josh R CN CESAW CESAD (US); Staples, Shane; Dunn, Maria T.; Renaldi, Ronald Subject: FW: Mark and Anita Frena - 121 S. Dogwood Trail (Southern Shores) - DWR Additional Information Requested (project on -hold letter) Attachments: 2018-0623 DWR On -hold letter for CAMA MAJOR.pdf, 2018-0623 DWR comment sheet for CAMA MAJOR.PDF Gregg, Please find attached the comment sheet for this project, as well as the letter sent to the applicant requesting additional information required to process/consider the application by DWR. The current DWR project number is 2018-0623, but there is also a previous project that was requested for the same property (and subsequently returned/withdrawn) , with the DWR/BIMS project number of 2016-0478. If you have any questions, please let me know how I can be of help. Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3922 office chris. pu Ilinaer(a.ncdenr. aov 943 Washington Square Mall Washington, NC 27889 From: Pullinger, Robert C Sent: Thursday, May 24, 2018 5:00 PM To:'George Wood' <obxwood@yahoo.com> Subject: Mark and Anita Frena -121 S. Dogwood Trail (Southern Shores) - DWR Additional Information Requested (project on -hold letter) Mr. Wood (George), Please find attached an electronic carbon copy of the additional information request being sent to the Frenas, for the project at 121 S. Dogwood Trail (Southern Shores, NC) in Dare County, as part of their CAMA Major Permit application. If you have any questions, please let me know how I can be of help. Chris Pullinger Environmental Specialist II Division of Water Resources —Water Quality Regional Operations Department of Environmental Quality 252 948 3922 office chris. pullinoer(a)ncdenr.00v 943 Washington Square Mall Washington, NC 27889 NORTH CAROLINA ROY COOPER Environmental Quality Govemor MICHAEL S. REGAN SetmraMy LINDA CULPEPPER Interim D7rrctw August 03, 2018 ofoZ3 DW R Project # 2018-804B Dare County Mark and Anita Frena 119 South Dogwood Trail Southern Shores, North Carolina 27949 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 121 South Dogwood Trail, Southern Shores — Proposed construction of a bulkhead, filling behind the bulkhead, excavation of a two -slip basin, dredging within a man- made canal, construction of a boathouse and pier within the basin, and installation of a wooden boardwalk around the basin. Dear Mr. and Mrs. Frena: You have our approval for the impacts listed below for the purpose described in your application dated February 5, 2018 and received by the Division of Water Resources (Division) on May 07, 2018. These impacts are covered by the attached Water Quality General Certification Number 4144 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved,. provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. 115A NCAC 02B .0506(b)(c))) DEQ ' North Carolina Department of Environmental Quality ]Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Wetlands W3 -dredging 0.01 (acres) 0 (acres) Sheet 1 of 1 W2 — filling 0.07 (acres) 0 (acres) Sheet 1 of 1 Open Waters 01- dredging 0.04 (acres) 0 (acres) Sheet 1 of 1 02 - filling 0.02 (acres) 0 (acres) Sheet 1 of 1 03 - shading 0.00 (acres) 0 (acres) Sheet 1 of 1 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4144. [15A NCAC 02B .0507(c)] Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 4. The permittee shall report to the Washington'Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated, riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 5. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 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. North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Otlice 943 Washington Square Mall, Washington, North Carolina 27889 232-946,6481 Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 if sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.pullineer@ncdenr.gov if you have any questions or concerns. Sincerely, Z�'*z�q Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC4144 Certification of Completion cc: Josh Pelletier; USACE Washington Regulatory Field Office (via e-mail) Ron Renaidi, DCM Elizabeth City (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) George Wood, Environmental Professionals, Inc. (via e-mail: obxwoodt@vahoo.com DWR WaRO 401 files Laserfiche Noah Carolina Department of Environmental Quality Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 M coastal hfanoycinent my-RONMINTAL CUALITY Received: 05/11/2018 State Historic Prmrvation'Office MEMORANDUM TO: Ms. Renee dledhill-Eifly .. 'NC Department of Cuftural'Resources ,Archives'& History, Building FROM: Greg Bodnar .Major Permits Proccssih9'Co0fdin,at0r Coastal ,Management Division ,460 commerce Xvc-n.ue Morcheid,CityNC 28557, ROY COOPER Governor bftCHAEi, S. REGAN .Sead,W BRA_ xTON C. DAVIS . pireciar ER 18-1114 ResPond.to. Greg Bodnar r Morehad0y=fflCe .Due -- 5/21/18 DATE 02 May2018 SUBJECT:' CAMA•Application Review A- GAK(41CV.p' APPLICANT: Nficliael & Vickia Pollard PROJECT LOCATION: CATION: Project site is locidWSR1135B.at 597' Duck Creek Mon north side of Pamlico River near Bat ,tabcadfbri County North Carolina PROPOSED ORWECT-.,4pplicant pr9po*,to riplace and existing fishing pier, and Olatfbrm- Please.:6dicatebelow yoiir,poiliiano'rviewpoint on-the',pi-6pbsed`t;Pjed,andretumttiisforrfiby,23may2018. When aidi please contaa'Kdlly Spivey at Z2448-3853.1f you'liave any questions reg, ing the proposed,pmject., I a0propriate, in de supporting pporting data are requested.. REPLY This ofriceliasno.qbj.ocfiontothe .project asproposed. This,office'has no'60111m9fit on.the Pr0P0sed1PrQi&ci This ofiice,approves p!.thejpr9poscd pinject-6aly, it the rec6rinnended phanges'are incorporated: See attached. This: office objects to the PrOPO* pr9ject..for reasons described. in the attached' comments., at Signed 11.5 0. .6 RECEIVED --5�"Nothing Corrtpares�.- MAY 2 5 2018 MAY 1 -4 2018 MP SECTION MHD ?;a RECEIVED CoastalManagement MAY 0 `/ 2010 ENVIRONMENTAL QUALITY ocm-F?shorleo WAO May 4, 2018 TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO ROY COOPER Gownmr MICHAEL S. REGAN Sonviary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Mark and Anita Frena Project Location: 121 S. Dogwood Trail, Dare County Proposed'Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi 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. V 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. �-'Nothing Compares.-,.. Stets ofNonh(«3ro ina I Envimnmentat Quality I CoastdManagemcat 401 S. G ift St, Ste 3001 EUzabeN CityNC27909 252.264.39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM:. Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Mark and Anita Frena DATE: 6/1/18 PAT MCCRORY Governor DONALD R. VAN DER. VAART . Sa Wry BRAXTON DAMS Doww 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 a vinyl bulkhead 193' in length 100' of which will be in line with bulkheads.to the north and south; the additional 93' of bulkhead will be within the proposed two slip boat basin. The bulkhead as proposed would be an average of 7' waterward of NWL with a maximum of 14' waterward of NWL. Backfill for the bulkhead would fill 2,837ft2 of USACE 404 wetlands adjacent to lean Guite Creek. The boat basin is proposed to be approximately 34'x29' excavated to a depth of -5' at NLW and result in the excavation of 405ft2 of USACE 404 wetlands. Additional dredging within the canal would be required to reach connecting water depths with a dredge footprint of 61' x 29'. Within the basin a boathouse 26.7' x 15' is proposed and along with an access pier 27' x 2.5' and a 100' x 4' boardwalk around the basin. DCM fisheries has significant concerns with the amount of fill of wetland that have direct connection with estuarine waters, especially waters designated as Primary Nursery Area. It is recommended that the project design be changed to reduce fill and excavation of wetlands and allow for the continued connection of these wetlands to the adjacent waterbody, a breakwater along the wetland edge for example. Although the waters are designated as PNA a small dredge footprint could be allowable here as the project area is within the bounds of a man-made canal. Any dredge footprint should be minimized to the extent practicable and would be subject to an in -water work moratorium from April I — September 30 to reduce impacts to larval and post -larval fish and shellfish that use the area as nursery habitat. Attached below are DCM fisheries comments from a project proposal at this location of a similar nature that recommend reduced wetland impacts and the preference for a shoreline stabilization that would allow for continued wetland connection to open water. Contact Shane Staples at (252) 948-3950 or shane.staplesna ncdenr.gov with further questions or concerns. (Nothing Compares. Stet. of Nohh C=Ima I Env nmenW Qudity I C=W N4=VMW Addmn I I Add=2 1 City, Sure LIP 000 000 0000 T PAT MCCRORY' Governor DONALD R. VAN DER VAART Seu carry Coastal Management ENVIRONMENTAL OVAUTY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: . Shane Staples, DCM Fisheries Resource Specialist SUBJECT: John Spencer DATE: 5/17/16 . BRAXTON DAVIS DINdor 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 - proposed to construct a bulkhead a property along a man-made canal adjacent to Jean Guite Creek. The proposed alignment would incorporate 1,048ft2 of public trust area. The construction methodology proposed would fill.this area to allow for tit=back to be installed. The bulkhead and associated fill would cut-off 3,375ft2 of 404 wetlands from its direct connection with the canal that leads into Jean Guite Creek. DCM fisheries does not object to the construction of a shoreline stabilization but does have concerns about the proposed fill of NCWRC designated PNA habitat. Also there are concerns that the project as proposed would cut-off the connection of 404 wetlands directly adjacent to the canal; these wetland' provide important ecological functions such as trapping sediment and filtering pollutants before they enter the adjacent waterbody. It is recommended that any shoreline stabilization method used in this area use methods that reduce to the extent practicable the fill of PNA habitat and still allow for direct hydraulic connection of the 404 wetlands landward of the proposed shoreline stabilization. Contact Shane Staples at (252) 948-3950 orshane.stapies(@ncdenr.gov with further questions or concerns Nothing Cotnpares�,. State of North Carolina I Environmental Quality l coastal Management Address I I Address 1 city, State ZIP 0000000000 T Bodnar, Gregg From: Staples, Shane Sent: Monday, July 23, 2018 10:14 AM To: Bodnar, Gregg Subject: FW: [External] Mark &Anita Frena Anthony sent them out a while ago. I see you weren't copied on the email chain. See below I was ok with the changes. Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples @ncdenr.gov 943 Washington Square Mall Washington, NC 27817 —>"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: Staples, Shane Sent: Tuesday, July 10, 2018 8:59 AM To: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pelletier, Josh R SAW (Josh. R.Pelletier@usace.a rmy.mil) <Josh.R.Pelletier@usace.army.mil> Subject: RE: [External] Mark & Anita Frena I am fine with the modification to project alignment and additional mitigation. My original comments included a request for PNA moratorium on dredging activities from April 1— September 30, that still stands. Thanks Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office Shane, staples(a)ncdenr.gov 943 Washington Square Mall Bodnar, Gregg From: Staples, Shane Sent: Tuesday, August 28, 2018 1:51 PM To: Bodnar, Gregg; Dunn, Maria T. Subject: RE: Frena Yes, my original comment letter included a moratorium s -301s ' From: Bodnar, Gregg Sent: Tuesday, August 28, 2018 12:34 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Staples, Shane <shane.stapies@ncdenr.gov> Subject: Frena Hey all, Sorry to bother you (Maria) again about Frena, but I noticed that in Shane's OK he did not mention a moratorium for the dredging. Since I was going to ask him if he wants a moratorium I thought I would add you to the request as well. 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 400 Commerce Ave Morehead City, NC 28557 -;'✓'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. Bodnar, Gregg From: Dunn, Maria T. Sent: Tuesday, August 28, 2018 4:08 PM To: Bodnar, Gregg Subject: RE: Frena It's the WRC PNA moratorium — February 15 —September 30. From: Bodnar, Gregg Sent: Tuesday, August 28, 2018 4:07 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: Frena Understood. So I'll go with the AFSA moratorium as a condition on the Frena redesign. Thanks again, Gregg From: Dunn, Maria T. Sent: Tuesday, August 28, 2018 4:04 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Frena I need to write something for a project that I have to figure out how to say is ok without compromising my resources everywhere else. I've had problems with it. The only recommendation regarcing the redesign is the moratorium. It's the same one for the road system, canal dredges, bridge replacements, etc. It survived mediation. From: Bodnar, Gregg Sent: Tuesday, August 28, 2018 3:21 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: Frena No need to discuss. I just haven't gotten anything official from you concerning the redesign and wanted to verify your comments. If there is anything in addition to the moratorium please let me know. Otherwise I'll run with that. Thanks, G regg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality Bodnar, Gregg From: Dunn, Maria T. Sent: Tuesday, August 28, 2018 12:52 PM To: Bodnar, Gregg Subject: RE: Frena I'm getting ready to have an afternoon long meeting now, so if we need to discuss, it would have to be Friday (day long meetings Wednesday and Thursday), but the moratorium in that area is February 15 —September 30. It was observed for the canal dredging projects. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.nowildlife.orq Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Tuesday, August 28, 2018 12:34 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Staples, Shane <shane.staples@ncdenr.gov> Subject: Frena Hey all, Sorry to bother you (Maria) again about Frena, but I noticed that in Shane's OK he did not mention a moratorium for the dredging. Since I was going to ask him if he wants a moratorium I thought I would add you to the request as well. 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. Bodnarancdenr.gov 400 Commerce Ave Morehead City, NC 28557 September 18, 2018 Regulatory Division Action ID No. SAW 2018-00902 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: RECEIVED SEP 1 9 2010 MP SECTION MHD Reference the application of Mr. Mark Frena for Department of the Army authorization to construct a 117.5 linear foot bulkhead between two adjacent bulkheads and backfill approximately 1,458 square feet below normal water level to recover lost shoreline, adjacent to the Currituck Sound, at 910 Monteray Drive, Corolla, Currituck 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 S E P 1 9 2018 land -clearing activities shall take place at any time in the construction or maintenance of t s��'��®� 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 SEP 1 9 2018 MP SECTION M HD Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management SEP 1 9 2018 VIE SECTION MPID U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Action ID: SAW-2018-00902 Permittee: Mark Frena Project Name: Frena, Mark/Bulkhead County: Dare Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Bank or In -Lieu Fee (ILF) Sponsor, who will sign the form to verify the transfer of the mitigation credits. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure thatto the U.S. Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide mitigation associated with a single permit action, separate forms shall be provided to each mitigation Sponsor. Instructions to Sponsor: The Sponsor should verify that the mitigation requirements shown below are available and ensure that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the identified mitigation. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/ILF Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03010205, Chowan River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non -Riparian Coastal Riverine Non-riverine .072 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03010205. Chowan River Basin Stream (credits) Wetland (credits) Warm Cool Cold Riparian Riverine Riparian Non-riverine Non -Riparian Coastal .217 Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Bank/I LF Sponsor shown below, and certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (or advance credits for ILF programs), as approved by the USAGE, are currently available at the bank/ILF site identified below. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance. Mitigation Bank/ILF Sponsor: Great Dismal Swamp Restoration Bank LLC Mitigation Site Debited:_ Timberlake Mitigation Bank (List the bank site to be debited, or indicate "Advance Credits" for ILF use of advance credits) Name of Sponsor's Authorized Representative: Beverly M. White Manager Accounting/Sales Signature of Sponsor's Authorized Representative IECEI 'E® Date of Signature SEP 1 9 2018 Page 1 of 2 Form Updated 14 August, 2012 KPiP SECTION MHD USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USAGE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USAGE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Bank/ILF Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to provide a signed copy of this form to the USACE Project Manager at the address below. • If changes are proposed to the type, amount or location of mitigation after this form has been signed and returned to the USAGE, the Sponsor must obtain case -by -case approval from the USAGE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This Mitigation is being required for a project that is located within a designated Area of Environmental Concern (AEC) by the NC Division of Coastal Management and therefore is being authorized through the LAMA Major Permit process. The US Army Corps of Engineers is proposing to authorize the work as a Programmatic General Permit 198000291 which includes those proiects receiving authorization from the State of North Carolina. This form is not valid unless signed by the mitigation Sponsor and USAGE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USAGE Project Manager: USACE Field Office: Email: Josh Pelletier Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 josh.r.pelletier@usace.army.mil Digitally signed by PELLET[ERJOSH.R.1271483267 PELLET] ERJOSH.R.12714832)67 '` PEIL11E JOSI{R.1r271483267DOD,ou=Pq,ou=USA .f` woe: 2018.09.1815:35:14-04 06' September 18, 2018 USAGE Project Manager Signature Date of Signature 7 Page 2 of 2 SEP 1 9 2018 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 the Customer Satisfaction Survey located at our website at http://regulatory.usacesumey.com/ to complete the survey online. MP SECTION MA U.S. ARMY CORPS OF ENGINEERS Wilmington District Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits.usace.army.mil. RECEIVED SEP 1 9 2018 MP SECTION LIPID Page 1 of 2 Form Updated 14 August, 2012 DCM Coordinator: Sclt 4m� Permit #: (0 L(—/s -(: 15 MAILING DISTRIBUTION SHEET DCM Field Offices _X5 �4� c4Q Elizabeth City �'^^^ai�' (with revised work plan drawings) Puc Morehead City 61(c Eroc1'� < ' Washington Wilmington yoCtZ EJO-6Y( US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom 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 / Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) / Marine Fisheries: Shane Staples Curt Weychert NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: David Harris Shannon Jenkins Tim Walton Karen Higgins Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, 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) 111I \\ (NCDOT) Travis Wilson f 8 SOUII++?Pi51`O�S' LPO: l4It sw iD t Sad�trt 5 twc. C)Skl f)h D Fax Distribution: Permittee #: Agent# IN MP4 Received APPLICATION for Major Development Permit (last revised 12I27/06) Fc3 i DMEC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) None Frena Applicant 1: First Name MI Last Name Mark Frena Applicant 2: First Name MI Last Name Anita Frena If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 119 S. Dogwood Trail N/A Southern Shores NC ZIP Country Phone No. FAX No. 27949 USA 252 - 715 -1087 ext. N/A - Street Address (if different from above) City State ZIP N/A N/A N/A N/A - Email anitafrena@yahoo.com 2. Agent/Contractor Information Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name MI Last Name . George H. Wood Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State N/A 3368 Kill Devil Hills NC ZIP Phone No.1 Phone No. 2 27948 252-Oil-0239 ext. 252-423-1234 ext. FAX No. Contractor # N/A N/A Street Address (if different from above) City State ZIP 1404. S. Virginia Dare Trail Kill Devil Hills NC 27948 - Email obxwood@yahoo.com OPCE IV E <Form continues on back> MAY 0 7 2018 ..� rr, ntlry •+ :a:2. ai18.21IJA .1 ..8 z",8-4 RCOAS 7 :: lvww, ;,;: c'+ast a l M 10v -.IJcr„„ -- nv Form DCM MP-1 (Page 2 of 4) APPLICATION,for Received Major Development Permit n._ County (can be multiple) Street Address _ �, -- State Rd. # Dare 121 S Dogwood Trail N/A Subdivision Name City _ State Zip Southern Shores Southern Shores NC 27949 - Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 715 -1087 ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Jean Guite Creek 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 Currituck Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Southern Shores 3i a -k� v ,�.� � �< -_r r" z 7 ✓' '7 s l.�s-V � ' n ,r �. .�%�e`��%'i/�%Ulu�:� l 4 k a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 122 Feet 36,857 sq. ft. 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) +/- 7 Feet ❑NHW or ®NWL e. Vegetation on tract Pine Trees, Lawn Grass f. Man-made features and uses now on tract One -Story Brick Dwelling, Dock g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? RS1 - Single Family 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? N/A 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 :. 9.688-4RCOAST :: www.necoastalmanacgement.net Form DCM MP-1 (Page 3 of 4) Received APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? DMEC ®Yes ❑No ii Are there coastal wetlands on the site? ®"""'-� ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. On -Site Ground Absorption o. Describe existing drinking water supply source. Municipal p. Describe existing stone water management or treatment systems. None 5. Activities and impacts a Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Boating access (open water dredging and upland excavation) and docking - (pier, covered and uncovered boat slip) shoreline stabilization 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. Water jet and hand tools, dump truck and dozer d. List all development activities you propose. Construction of bulkhead, boardwalk, one covered boat slip, and one open boat slip, backfill of bulkhead F.cr) t3as. + e.,,2 Ar03i; h R.A.Q. 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? +/- 9,435 ®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. None 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. f'f-k.0 <Form continues on back> RECEIVED MAY 0 7 2018 252.808-2808 :: 11-888.4i2COA3T :: www.nccoastaimanagemont.ne t._MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit t�napdrtrop�toth%;x`dprrlpl�tadepplfcatign'Igrin�(riff)`fhafaihryv(n°gt(e�ts4elgw�tappbcakle mr+sfhgsutir}7tifedirtartlar�ar'thea�plraatron � x rpedk�ge�to�lracarirp�/ate��lepts�d),�,,wtjsrG,p�vay;appQYjdaj7tatdatrymaj¢rdebelapp7�nF�pphc�tr4p rAteasacbru`uftth#ap�rllc8to,(f�'� RstrOchdh [dohteYon how to prvppifY'prepare the ipifurrpd ltemsbelott k 3 ' z 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. NarpR$thsPfieTps`{pr4prt!"tP potf i r , �. 2 _ �PhS+Jte o '., A , r ` Name James 8 Elizabeth Wynne Phone No. Address 2110 Chartstone Drive, Midlothian, VA 23113 Add S s i� C �S tr ui n �t } �v ,v+F.s.. ..`a` .o q.S ,..•q M' l - {�.Raf3rv. y ��.. {tom 4 Q' i p v1. ^' g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, 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 February 5, 2018 Print Name Gegrge H. Wood, CEP,PWS Signature .�.-- /�tlL� Received 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 MEMO 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagernent.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) AUG 2 7^18 MP SE-, r . , 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.lo 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. Acdess' Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL I stabilization Length 35 NIA 110 N/A N/A N/A NIA Width 16-44 NIA 20 N/A NIA N/A N/A Avg. Existing -3.0 N/A -1 NIA NA NA N/A Depth Final Project .5 N/A -5 N/A NA NA. NIA. Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards:. 283.3 cubic yards c. (1) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic. vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW 0 ❑SAV 0 ❑SB 0 ❑WL _ ❑None (III Describe the purpose of the excavation in these areas: Boating Access 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. adjacent to proposed basin (more than 30' from NWL) c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (if) If no„attach a letter granting permission from the owner. e. (I) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None III) Describe the purpose;of disposal in these areas: NIA El This section, not b. Tvoe of material to Sand d. High -ground excavation in cubic yards. None []This section not applicable b. Dimensions of disposal area. 30x60x2 d. (i) Will disposal area be available for future maintenance? ®Yes []No ❑NA (it) If yes, where? Same Area I. (I) Does the disposal include any area in the water? ❑Yes ONo ❑NA (ii) If yes, how much water area is affected? NIA 252-806--2808 :: 1-888-0RCOAST :: www.ncco:�etaim:�nagmuent.m�: RECEIVED E® AUG 2 2018 revised: '12120100 MP SECTION MHD Form DGM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Length: 193 ®Bulkhead ❑Ripmp ❑BreakwatedSill ❑Other:_ Width: 1 c. Average distancewaterward of NHW or NWL: +1-2 feet d. Maximum distance waterward of NHW or NWL: S e. Type of stabilizationn material: vinyl f. '(1) Has there been shoreline erosion during_ preceding 12 months? ®Yes ❑No ❑NA (11) If yes,.state amount of erosion and source of erosion amount information. +1- 2 - 5 feet - aerial photographic Interpretation g. Number of square feet of fill to be placed below water level, h. Type of fill material.. Bulkhead backfill 702 Riprop _ sand Breakwater/Sill— Other_ 1. Sourceof fill material. commercial supplier and dewatered material from basin excavation 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []NO ❑NA b. (I) Will fill material be. placed in coastal wetlandslmarsh.(CW), If yes, (ii) Amount of material to be placed in the water 2.2 c. vds (iii) Dimensions of fill area 30 x 2 (Iy) Purpose of fill Fill area behind the bulkhead. a. How will excavatedor fill material be kept on site controlled? smoothed and grassed c. (i) Will navigational aids be required: as result of:the project? []Yes ®No ❑NA (li) If yes, explain what type and how they will be implemented. August,1,2018 Date Frena Project Name AUG 2 2018 submerged aquatic vegetation (SAV), shell bottom (SB), other wetlands (WL)? If any boxes are checked, prWidi number of square feet affected. ❑CW — ❑SAV ❑SB _ [OWL 3157 []None (ii) Describe the purpose of the fill in these areas: Bring land up to height of fill behind proposed bulkhead What type of construction equipment will be used (e.g.,dragline, backhoe, or hydraulic dredge)? backhoe d. (1)Will wetlands be crossed.in transporting equipment to project site?' ®Yes []No ❑NA (ii) If yes, explain steps that will be taken to avoid orminirnize environmental impacts: Area disturbed is proposed to be filled. George H. Wood (agent) Applicant me / /max-- // 42 AppliclVt Signature 25Z-808-2808:: 1-888-9RCOAST :: vtvr.v.nccaastrilnvtuagemwrt.nct revised: 1212610G MP SECTION MHD Received Form DCM MP-3 UPLAND DEVELOPMENT DC1Y1-`-" �AEc (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL LAND DEVELOPMENT a. Type and number of buildings, facilities,. units or structures b. Number of lots or parcels. proposed. c. Density (give the number of residential units and the units per acre). .85 units/acre existing 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. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes; ONO ❑NA (ii) If yes, list the date submitted: N/A 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. 0 I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 7% j., Describe proposed method of sewage disposal. On Site (existing) I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, 'wash down" and residential discharges). None d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. +/- 9,435 square feet f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. None Proposed 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: N/A k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. in. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED MAY 0 7 Z018 DCM-MHD CITY 252.808-28082 :: 1-888-4RCOAST a caastalm www.ncanagementurii revised: 12i26/06 r.' Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Municipal o. When was the lot(s) platted and recorded? 1960s n. (i) Will water be impounded? []Yes ®No ❑NA (ii) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? ❑Yes ❑No ®NA ecehl d DC -EC 252-808-2808:: 1-888-4RCOA57:: w%wi.nccoastalmana ement.net revised: 12/26/06 Form DCM MP-4 AUG 2 ?n18 STRUCTURES �� ��� (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the.Jolnt Application that -relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (1) Is the docking facility/marina: b. (i) Will the facility be open to the,general public? Elcommercial ❑PubliciGovernment ®PrivatelCommunity ❑Yes ®No c. (1).Dock(s) and/or pier(s) (11) Number 2. (Ili) Length 32 86 (iv) Width 4 4 (v),Floating []Yes ®No e. (i) Are Platforms included? ❑Yes ®No If yes:. (if) Number (iii) Length (iv)Width _ (v).Floating []Yes ❑No Note: Roofed areas aro.calculated from drialine dimensions. g.. (I)Number of slips' proposed 2 (if) Number of slips existing 0 I. Check, the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel []open water, no dredgingrequired ❑Other, please. describe: k. Typical boat length;. 25 m. (i) Will the facility have tie pilings? ❑Yes ®No (if) If yes number of tie pilings? 0 d. (1) Are Finger Piers included? ❑Yes ®No If yes: (11) Number (lit) Length (Iv) Width _ (v) Floating ❑Yes ®No f. (I) Are Boatlifts included? ®Yes ❑No. If yes:. (if) Number 1 (Ili) Length 30 (iv) Width 8 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or mil, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: 2 ❑ Dry storage; number'of boats. _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j.. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout I. (1) Will.the facility be open tothe .general public? ❑Yes ®No 252-800-28e0 :: t•gea-4RCOAST :: YJWO`J.nCCO� si.a{m7rr,rgernc nt.net rovised: 12127/06 Form GAGM MP-4 (ufructures, Pafle 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary,facilities that will be Included In the proposed project. [],Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpoul; 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 overboarddischarge of sewage from boats be controlled? e: (1) Give the location and number of `No Sewage Discharge signs proposed. (h) Give the location and number of'Pumpout Availabte'signs proposed. f.. Describe the special design, if applicable, for containing Industrial ype pollutants, such as paint,.sandblasting waste and petroleumproducts. g. Where will residue from vessel maintenance be disposed of? h. Givedhe number of channel markers and "No Wake signs proposed. i. Give the location of fuel -handling facilities,.and describe the safety measuresplanned to protect area water quality. j. Whatwil(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 of services are currently provided? in. Is the marinaldocking facility proposed within a primary or secondary nursery area? DECEIVED ❑Yes ❑No 252.000-2800:: i-8884RCOAST :: viv+w.nr-coaatohn,m;r9r_mcut.nct revised: 12fZ7100 ___. __ _—------------____-- - MP SECTION MHD Form i7CM MIP-4 (Structures, Pagr.., of a) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal'wetlandsfmarsh (CW),. submerged aquatic vegetation (SAV), shell bottom (W), or other wetlands (WL)7 1f any boxes am checked, provide the;number of square feet affected, ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marinaldocking facility located withinorwithin close proximity to any shellfish leases? []Yes ❑No If Yes, give the name and address of the leaseholder(s) and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ❑This section not applicable a. (1) Is the boathouse struclure(s): ❑Commercial ❑Public/Governmem_ OPrivateiCommunily (Ii) Number 1 (iii)'Length 14 IN)Width 10 Note: Roofed: areas are calculated from dripline dimensions. 4. GROIN (e.g:, wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and fill.) ®This section not applicable a• (i) Number III) Length (III) Width 5., BREAKWATER (e.g., wood, sheefplle, etc.) ®This section not applicable a. Length_ b. Average distance from NHW,. NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS 0This .section not applicable. a. Is the. structum(s): ❑Commercial ❑PubliGGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, it present. e. Arcoftheswing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 2 2018 252-800.2008:: 1-080-4RCOASY :: MP SECTION ;MHp2127106 F01111 DCM M13-4 (Structures, Pnge 4 of A) a. Proximity of structure(s) to adjacent riparian property lines 90' minimum Note: For: buoy or mooring piling,use arc of swing including length :ofvessel. c. Width of water body 107 e. (I) Will navigational. aids be required as a result of the project? (]Yes ®No j]NA (11) If yes; explain what type and how they will be implemented. b. Proximity of structures) to adjacent docking facilities. 181 feet minimum d. Water depth at watemard:end of structure at NLW or NWL -5 $. OTHER. ❑This secdoo not applicable a. Give complete description: Boardwalk faut feet wide +/- 100' long August 2, 2018 Date Frena Project Name GeorgeH. Wood,, Agent Applicant ame Appll#bnt Signature RECEIVED AUG 2 2018 NTP SECTION MHD 252-800-2808 :: 1-888-413COAST :: revised: 12127/06 MEMO To: North CamlimDivisionofWaterResmncedAtUE Mc AtnhonyScatixaugh NotthCarobmDivumnofCoastalhfanalgemmWAlta I& RonRenaklt From: George It Wood, CEP, PWS AA/W Date: July6, 2015 Re: Fmna Application Mr. and Mrs. Frem have carefully considered the comments from the regulatory agencies, their contractor, and engineer and propose -the attached plan to address the various considerations. This plan proposes to align the bulkhead at the NWL as determined in June of 2017 (proposed to recapture the land lost within the last year), realign the docks so they will have some protection from wind driven and boat generated waves, construct a jetty along the proposed dock to mitigate wave action, construct +/- 372 sq. ft. of dock, and dredge the basin and access channel. The wetland fill will be mitigated at a 3:1 ratio. I would appreciate your consideration and comments on this sketch before I send it to drafting to prepare the permit document. I believe this plan addresses the comments from the resource agencies and provides for a functional plan for boating access. Environmental Professionals, Inc. P.O. Box 3368 1611 Devil Hills, NC 27948 Telephone: 252-441-0239 *** Fax: 252-441-0721 Email: obxwood@)yahoo.com %Kis4�h bmkk6.d r X3z 37A -l? 0 dxk••p gUUsq.;l- allowollt e �Isq. Fa/ 1. eta, Co. F S�O tili /1�/ 7e 6 ''7'eA 3 °14Y i . 0 IT, p'GOfitf RECEIVED JUL 1 6 2018 MP SECTION MHD // }l�s�Cdw..I�,t' C{YG(r l to Le- Cv'edye2 BaAkbco� NWT CuHsi•u�cd r°ki w4 lvw)-- 6/SI) ZJvi�emd av% �� �k•>,:h bt flled, i �.d� bwtk4,,� L313lM�q SI �1;1 S Dogw64� Val( ff- FIll F``f,t1, I'tlOt'1;1$�OYALY NANNINr I'OR A a(Ilrl< MORUNA1(Nr August 10, 20118 Mr. & Mrs. James Wynne 2116 Chartstone Drive Midlothian, VA 23113 Dear Mr. & Mrs. Wynne, (Via Certified Mail/Return Receipt Requested) Environmental Professionals, lnc.'has been retained by Mr. and Mrs. Mark Frena to represent them to the North Carolina Division.of Coastal Management.for the purposes of obtaining a CAMA Major Development Permit to authorize the construction-ofa bulkhead with backfill and'`two'boat 'shp's=one covered.and one uncovered and a 4-foot wide dock around the boat slips. The project is depicted on the attached plat and represents a revision to the original design. Should you have any questions regarding this request, please contact me or Ms. Lynn Mathis with the North'Carolina Division of Coastal Management. Environmental Professionals, Inc: Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC. 27948 Telephone No.: 252441-0239 Cell Phone: 252-423-1234 Email: obxwoodnyahoo.com North Carolina Division of Coastal Management Attn: Mri Ron Renaldi 401 S. Griffin Street —Suite 300 Elizabeth,City, NC 27909 Telephone No.: 252-264-3901 Email: Lynn.Mathis@ncmail.net If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. The North Carolina Division of Coastal Management provides 30 days from the date of notification in which to comment. 1 appreciate your consideration of this matter and remain available to answer any questioHsyou may have regarding this request. Sincerely, Environmental Professionals, Inc. �iood/� Geo a W, CEP, P W S Attachment: a/s 1 have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. DATE RECEIVED AUG 2 8 201E MP SECTION MHD P.U. 11OX 3368 - I01,1, nlSVlt, lllt.l S. NOR7'II (:AI(OI,INA 27948 - 2524a1-0239 FAX: 252441-0721 - EMAIL: nbs,vnml�Av�hnn.rmn ®HW N01133S dW -111� t HETMZ ENNlA'p:VaNT August 10, 2018 Mr. Patrick Phelps 4510 Edsall Drive Woodbridge, VA 22193 Dear Mr. Phelps, represents a revision to the original design. 8102 L z 0nn (33AI 33U (Via Certified Mail/Return Receipt Requested) 1 Mrs Mark,'Ftena'nto represent thernJo the sey bf obtainIiug a LAMA Major DevckipiOnt Il:aniltwotbod slips — one covered andbnp project is depicted on the attached plat and Shot ld'yott have any questions regarding this request, please contact me or Ms. Lynn Mathis with the North.carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252-423-1234 Email::obxwood nikilioo coin North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 401 S. GriffiLStreet — Suite 300 Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: Lynn.Mathis@ncmail.net If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inca The North Carolina Division of Coastal Management provides 30 days from the date of notification in which to comment. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, Cnpiron ncntitl Professionals, C. Cie be Ii.,,Ui!ood„CEP, P S'' Attachment: a/s I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE " P.O.uoX3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252-441-0239 FAX: 252-441-0721 • ENTAIL: ubxWw"I iyahoo.cum F,511R0\NF;YT�I, PkOF6:�"III\^1L3 AflfMR tN U(INAIM/ July 11, 2018 North Carolina Division of Coastal Management Attn: Mr. Gregg Bodnar 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Bodnar, This letter is with reference to the CAMA Major Development Permit application for Mark and Anita Freon. The enclosed plats (5) reflect the numerous discussions with the North Carolina Division of Water Resources, North Carolina Division of Coastal Management, and the Wildlife Resources Commission representatives and incorporates the comments and suggestions from the resource agencies, the applicant, their contractor, and engineer. Please also find enclosed the revised request to The Great Dismal Swamp Restoration Bank, LLC for a commitment to provide a 3:1 mitigation ratio for the impacted wetlands. Thank you for your consideration of this information. Sincerely, Environmental Professionals, Inc. George H. Wood, CEP, PWS Enclosures: a/s cc: North Carolina Division of Water Resources/Attn: Mr. Chris Pullinger (1 plat) Wildlife Resources Commission/Attn: Ms. Maria Dunn (I plat) North Carolina Division of Coastal Management/Attn: Mr. Ron Renaldi (I plat) Mr. & Mrs. Mark Frena (1 plat) RECEIVED JUL 16 2016 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 DCM-MHD CITY TELEPHONE: 252-441-0239 • FAX: 252441-0721 • EMAIL: abxwood(aymbmeom I"AYI Y BY A P88f OA PLANNING FOR A BETTER ENVIRONMENT July 11, 2018 The Great Dismal Swamp Restoration Bank, LLC Attn: Ms. Beverly White P.O. Box 6186 Chesapeake, VA 23323 Dear Ms. White, This letter is to request confirmation of acceptance for mitigation credits for the Mark and Anita Frcna proposed impact to wetlands. Corps' Project Number: Waterway: Permittee's Name: Location of Impact: Permit Action: Impacts (Acres/Linear Feet): Impact NWI Classification: Impact Hydrologic Unit Code: Anticipated Mitigation: Application in Process Riparian — lean Guite Creek Mark and Anita Frena Southern Shores, North Carolina Nationwide #18 0.072 Acres None Pasquotank 03010205 0.217 Acres Thank you for providing a letter of acceptance for these proposed impacts. Sincerely, Environmental Professionals, Inc. // 1410—,e George H. Wood CEP, PWS RECEIVED JUL 16 2018 DCM-MHD CITY P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 TELEPHONE: 252-441A239 • FAX: 252.441-0721 • EMAIL: oAxwaNlLn �nhou.cum The Great Dismal Swamp Restoration Bank, LLC P. O. Box 6186 Chesapeake, VA 23323 July 17, 2018 Mr. George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 RE: Mark& -Anita Freno Southern Shores, NC Dear Mr. Wood: Phone(.757) 487-3441 Fax (757) 487-8680 The following price quote is given in reply to your request for the purchase of 0.217 Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from ;our Timberlake mitigation bank. The cost will be Eight Thousand, Twenty -Nine Dollars ($ 8,029.00). This quote will expire on October 31,..2018.. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this.transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project H: Waterway: Riparian —Jean Guite Creek Permittee Name: Mark &.Anita Frena Locality of Impact: Southern Shores, NC Permit action (i.e., IP, NWP-39, enforcement, etc.) NW 18 Impacts (acres/linear feet): 0.072 Impacts NWlclassification: None Impacts Hydrologic Unit;. Code: 03010205 Anticipated Mitigation:0.217 Acres '.ion Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, necessary for regulatory matters. Information contained herein shall beheld in the strictest confidence. you for allowing us to quote this project. We look. forward to working with you. / Sales CCi File Coastal Management ENVIRONMENTAL QUALITY June 7, 2018 Environmental Professionals, Inc. George Wood PO Box 3368 Kill Devil Hills, NC 27948 ROY COOPER Governor' MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Mark and Anita Frena, in Dare County Dear Mr. Wood: This letter is in response to the above referenced CAMA permit application for Mark and Anita Frena, which was accepted as complete by the Division's Washington office on April 26, 2018. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). Based upon the attached hold for additional information from the DWR dated May 24, 2018, it appears as though additional information from the applicant will be required before a final decision on issuance of a Water Quality Certification can be made. 2) Division of Coastal Management Fisheries Resource Specialist has submitted concerns related to avoidance and minimization of the proposed wetland fill. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the resource concerns are satisfied, the required information is provided to the DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied to this office. Copies of the DWR and DMF request are provided as attachments. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at regg.bo��ncdenr.gov. Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator Karen Higgins, DWR (via email) Anthony Scarbraugh, DWR WaRO (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Ron Renaldi, Elizabeth City DCM State of North Carohna I Environmental'Qualttyl:CowtalMamgement Morehead City Office 1400Commerce Avenue I Morehead Ctty,NC 28557 252;8082808. CERTIFIED MAIIa7017,10700000,99221534 RETURN RE ElPT RFQUOtEp� Mark a(nd.-Arib Rena' Southern Shores, North'Carolina 9-10-49 Suwe- , Ar Dear Mr.. and Mrs; froa. 0-n'.WV.7, 2018, the ROY COOPER NICHAFL&CREGAN, RECEIVED C-0 Dare'to*iy. MAY 2 5 2018 MP SECTION MHD the 0*10-h for the. 1. 1mpactjqstifjd(Avoidance and 'Plinimizzion), Pwasirprovide lmore details �regarding :0yq'd, mcglald minimization' Of impacts.to-Q13jacres 6f .waters/wetlands .associated with the construction of thetulkhead,: basin, boathouse, pier, and boardwalk. J15A NCAC.OZH .506(ftand (f1.,4-*Wprq fora reduction in a ffia]116er Which wouid.lavdid olt" ,(�)Mfilmizaflbn of impacts maybe demonstrated'by showing.,thatthes6rface waters orwettands iard,*4ble to continue to suopdet.the'6'kisti'h'g-.use-v,4affer-,pr ojedt com0loticio,'of thOCthe Frhpacls,are required due to. (1) Thesoafia[and.dimeni.forall requirements of the project or'(-4 The. location :of= any'existmg.structural'or natural features that may dictate the placement or conliguarion of. the proposed project; o'r(3).The purpose cif thepOjeet a'4d WWtheybrpose r.elates to platement,, This should include alternative designs and layouts of the.pr9jecurea. 0 This Office kielldvdslhat the. weitland 'impacts, lAbeledon the plan as Or Slde,6 N—o1*0doffifa I Envron 4tolQity IWaterRa r*-wa.,WQUAI46007— 0W4peralion;;Secuon Washmpton ftiiia Ofx6e av,o.jaineimpacx,s.orprp.vioeal.aeraitpa,expianaxionotwnyTnis,piantorxneaqlylry.c4nnpi,pe - ---- ------- Puetubnt.,tio, isA NcAc2K,.0,506!(0)(f) a1nd.'Tjtle!5A-NCAC iurNish-,aK of i e.a�pvp rgq forpna�tl I a 6fr h Tqqqgsted h requested "information for g oli , tip, t e, the f �' tli* 9 (,11 art - prqper.,cqTts(0qra0pnv -tik information ,is-notreceived in. weitih&.within:Sacalendar ,days ofrecelpt6f'this letter, the Division will be unable -t6approve .tb61 application and it Will N'totdrh0d. TheTetprn _dfthis qtb)e4t W.11riwositom reopl'Icek o-.the'D1vWpn,'fqr, p.prOvo ,Jn 04dJr,apon application;package q fee. please respondwith f receipt of this letter by sending A -ree copie p of .—,inWrilting rl .ih30!qqjqnqArdqyso r., I s, fall the abbvesreque5ted information toAhe-4 , 01'& Buffer -Permitting Vnft,1617 Mail.Servl6et6nter, Raleigh, MC2.7.699,4617. Please be aware that you haveno authorizaition: under the Section 461of, the Clean: Water.Actf&0is adtivity,aih I d, any, Work done Within hin WOtOr of the state May be a 91041on. of Norih.:Carollna. Goiloral Slatytes:antiAdministrative Code.:. Please.e6fitaotthrig Pulllhg6r.at 2527948m39220'rc I hris:601 I ling&r6@ncdenrjt6v Wyom hifvein Y,44esflons; cc.: ,*0MY, Chris Pullinger,"Environmental.SOecialist 11 Wiat ee Quality, Regional J-0sb pqljetjer, U%CgW ry Meld Office (via email) Laserfiche DCMMorehead City (via r6-iiiall) En3ironM6iitol.ptofdssid-6,61s; Inc., (via email —o4XWQt(d@yahoo..pqm) RECEIVED MAY 2 5 2018 MP SECTION MHD PAT MCCRORY ravemnr Coasta[Uanbgemenr 0N11t.ONMCNTAL QIIAUW VIP 1 ;—._ 11 111 TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM:. Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Mark and Anita Frena DATE: 611118 DONALD R. VAN DER. VAART . Se=01), BRAXTON DAVIS DIrwor 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 a vinyl bulkhead.193' in length 100' of which wdl be in line with bulkheads,to the north and south; the additional 93' of bulkhead will be within the proposed two slip boat basin. The . ' bulkhead as proposed would be an average of 7' waterward of NWL with a maximum of 14' waterward ofNWL. Baekfill for the bulkhead would fill•2,837ft2 ofUSACE 404wetlands adjacent to lean Guite Creek. The boat basin is proposed to be approximately 34'x29'' excavated to a depth of •5' itAW and result in the excavation of 405ft2.of USACB 404 wetlands. Additional dredging within the canal would be required to reach connecting water depths with a dredge footprint of 61' x 291. Within the basin a boathouse 263'°x 15' is proposed and along with an access pier 27' x 2.5' and a 100' x 4' Boardwalk around the basin DCIA fisheries has significant concerns with the amount of fill of wetland that have direct connection with estuarine waters, especially waters designated as Primary Nursery Area. It is recommended that the project design be changed to reduce fill and excavation of wetlands and allow for the continued . connection of these wetlands to the adjacent waterbody, a breakwater along the wetland edge for example. Although the waters are designated as PNA a small dredge footprint could be allowable here as the project area is within the bounds of a man-made canal. Any dredge footprint should be minimized to the extent practicable and would be subject to an in -water work moratorium from April 1—, September 30 to reduce impacts to larval and post -larval fish and shellfish that use the area as nursery habitat. Attached below are DCM fisheries comments from a project proposal at this location of a similar nature that recommend reduced wetland impacts and the preference for a shoreline stabilization that would allow for continued wetland connection to open water. Contact Shane Staples at (252) 948-3950 or shane.staples .ncdenr.gov with further questionsor concerns. -,-�' Nothfng Compares State. ofNortLCamana 1 Ewhasnental Quelkyl CoaadlMan,g®cot Addmal I Add=2 1 aty,Stete ZIP . . 000 000 0000 T Y NC- Cbasta[Mawgement BNVIRONN®NTAL QUALITY PAT MCCRORY cm,emor DONALD R. VAN DER VAART S�mrary MEMORANDUM: T0; '"Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: John Spencer DATE:. 5/17/16 BRAXTON DAVIS Dimclor 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 proposed to construct a bulkhead a property along a man-made canal adjacent to Jean Guite Creek. The proposed alignment would incorporate 1,048ft2 of public trust area. The construction methodology proposed would fill. this area to allow for tie=backto be installed. The bulkhead and associated fill would cut-off 3,375ft2 of 404 wetlands from its direct connection with the canal that leads into Jean Guite Creek. DCM fisheries does not object to the construction of a shoreline stabilization but does have concerns about the. proposed fill of NCWRC designated PNA habitat. Also there are concerns that the project as proposed would cut-off the connection of 404'wetlands directly adjacent to the canal; these wetland provide important ecological functions such as trapping sediment and filtering" pollutants before they, . enter the adjacent waterbody. It is recommended that any shoreline stabilization method used in this area use methods that reduce to the extent practicable the fill of PNA habitat and still allow for direct hydraulic connection of the 404 wetlands landward of the, proposed shoreline stabilization. Contact Shane Staples at (252) 948-3950 or shane.staolestancdenr.eov with further questions or ' concerns Nothing CompareO State of tth Carolina I Emkonmetdal Quality l coastal Manageaaeat Address I I Address 21 C[%State ZIP . 0000000000 T ' 10 I. 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mark & Anita Frena 2. LOCATION OF PROJECT SITE: 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. Photo Index — 2006: 85-7226 (G 7) Lat/Long: 36.1180700°N,-75.7419810°W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/6/208; 2/7/2018; 4/3/2018 Was Applicant Present — No; No; Yes 5. PROCESSING PROCEDURE: Application Received Complete — 4/26/2018 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Southern Shores Land Classification from LUP - The canals are classified as Conservation I (B) Areas of Environmental Concern (AEC) Involved: Public Trust Area (PTA) and Public Trust Shoreline (PTS) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned — N/A (F) Type of Structures: Existing - Single-family dwelling, Dock Planned — Bulkhead, Boat Basin, Boat House, Boardwalk (G) Estimated Annual Rate of Erosion: 1 ft./yr. Source — Aerial Photos (per consultant) 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DREDGED FILLED OTHER (A) Shallow Bottom PTA AEC ±1,772 ft2 ±702 ft2 ±467 ft2 shaded (overlapped disturbance) (B) 404-wetlands within PTS AEC ±405 ft2 2445 ft2 404-wetlands outside PTS AEC ±392 ft2 (C) Highground within PTS AEC ±74 ft2 ±1,674 ft2 disturbed/filled Highground outside PTS AEC ±4,643 ft2 disturbed/filled (D) Total Area Disturbed: ±12,107 ft2 (0.278 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open to Shellfishing: No RECEIVED MAY 0 7 2018 DCM-MHD CITY Mark & Anita Frena Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead waterward of NWL with USACE 404-wetland fill, excavate a two -slip basin, dredge within a man- made canal, construct a boat house and pier within the basin and install a wooden boardwalk around the basin. Project Setting The site of the proposed development is located at 121 South Dogwood Trail, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. The property is ±36,857 ft2 in size and has an elevation that ranges from Vat the shoreline to 26' above normal water level (NWL) in the highground area. Man-made features within the highground area include a single-family dwelling and driveway. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Fripp fine sand (FrD) in the higher elevation areas and Psamments (PsB) near the shore line area. The highground area is vegetated with lawn grass, various deciduous trees and ornamental bushes. Based on available information, there does not appear to be any archaeological sites on or adjacent to this property. The unhardened shoreline is ±122' in length, has a ±1' erosion escarpment at NWL and is situated between adjacent bulkheaded shorelines. A ±3,242 ft2 area immediately adjacent to the shoreline was delineated as 404-wetlands. Vegetation growing within the shoreline area includes 404-wetland plant species, several pines and wax myrtles as well as an area of lawn grasses. An existing 32'x6' dock that is non -accessible is located ±11' to 16' waterward of NWL. In reviewing aerial photography, at the time of dock construction the shoreline was adjacent to its location. Currently, the shoreline is located ±4' landward of the bulkhead at the northern property line and 20' landward of the bulkhead at the southern property line. The waters of Jean Guite Creek and associated canal systems are classified as SC by the Environmental Management Commission, are not open to shellfish taking and have been designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. Water depths within the project site range from ±0.5' to 5' below NWL, the bottom substrate is made up of detritus and fine sands and observed aquatic vegetation consisted of Milfoil. The adjacent riparian property to the north is bulkheaded, has a boat ramp, docks/boardwalks and a single-family dwelling in the highground area. The adjacent riparian property to the south (owned by the'applicants) is bulkheaded, has a dock and single-family dwelling. The land elevations on these properties are similar to the project sites elevation. Development Proposal The applicants are proposing to stabilize the sites eroding shoreline by constructing ±193' of vinyl bulkhead. The proposed bulkhead will tie into the existing bulkhead to the north and will run 1 00'in a projected alignment that meets the existing bulkhead to the south. This section of bulkhead will average ±T waterward of NWL with a maximum distance of ±14'. Water depths within this area range from ±0.5' to 2' below NWL with an average depth of 1'. The remaining ±93' of bulkhead will be installed within a proposed two -slip boat basin. The bulkhead will be Mark & Anita Frena Field Investigation Report Page 3 backfilled with clean sand fill from an offsite upland source as well as the dried dredge spoils resulting from basin excavation. Bulkhead construction and backfilling will result in ±2,837 ft2 of USACE 404-wetland fill. The proposed boat basin will be installed parallel to the property lines averaging ±34'x29' in size. The northern side will be 26', the east side will be ±29' and the south side will be ±38'. The proposed basin water depth is -5', which will require a ±61'x29' (1,772 ft2) dredge area within the canal to reach the existing -5' water depth contour. This area is void of submerged Aquatic Vegetation (SAV), will be mechanically dredged and the spoils will be placed >_30' from NWL to dry. The boat basin will also result in the excavation of -h405 ft2 of USACE 404- wetlands and ±74 ft2 of highground area. Upon completion of the basin, a 27'x2.5' pier and a 26.7'x15' boathouse will be constructed within the basin and a +100'x4' wooden boardwalk will be installed on land around the basin. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±702 ft2 of the Public Trust Area AEC with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of +26 cubic yards of fill material below NWL. • The proposed development will result in the filling of +2,837 ft2 of USACE 404-wetlands (2445 ft2 within Public Trust Shoreline AEC). • The proposed dredging/excavation of the canal and basin will result in the shallow water bottom disturbance of ±1,772 ft2 within the Public Trust Area AEC. Approximately 257.5 cubic yards of bottom material made up of fine sands and detritus will be removed. • The proposed spoil drying area is >_30' from NWL, landward of the Public Trust Shoreline AEC. Spoils will be dried and used as backfill and grading material. • Basin excavation will result in the removal of ±405 ft2 of USACE 404-wetlands and ±74 ft2 of highground area within the Public Trust Shoreline AEC. • The proposed dredging will temporarily increase turbidity within the canal. • The proposed boathouse will shade 400 ft2 of shallow water bottom within the basin area. • The proposed pier will shade 67.5 ft2 of shallow water bottom within the basin area. • The proposed development will result in ±1,674 ft2 of non -wetland land disturbance within the Public Trust Shoreline AEC and ±4,643 ft2 within the highground area. RECEIVED Submitted by: Ron Renaldi MAY 0 7 2018 Date: May 2, 2018 DCM-MHD CITY Coastal Management ENVIRONMENTAL OUALITY April 26, 2018 Mark and Anita Frena 119 S. Dogwood Trail Southern Shores, NC 27949 ROY COOPER G,"emor MICHAEL S. REGAN S-7stary BRAXTON C. DAVIS DIMOor RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #18-15A Dear Mr. & Mrs. Frena: This letter will acknowledge receipt of check #129, in the amount of $596.00, and dated 04/23/18. Once the amount of the check is credited to the Department of Environmental Quality's account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, -�bf ,rQ, /-,a,,4 Frank Jennings, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representative, DCM George Wood, Environmental Professionals, Inc, Agent RECEIVED MAY 0 7 Z018 '%"Nothing Compares DCM-MHD CITY State of North Carolina I FWwroumertal Quality I Coastal Managemeot 401 S. C,rifa St, Ste 3001 Elizabeth City, NC 27909 252.26439011252-331-2951 [fax] w' -••�• P by: clauola Flarnglon COUNTY /�. TRANSFER TAX Vanzola Mcklunan, Register of Deeds o. -Mv Dare County, NC `X' o�3 —11s Fee Amt $26 00 NC E=se Tar: $504.00 'j APPROVED DARECOUNTIIT BooK 2180 PAGE 32 (3) deceived COLLECTOR a5a� 000a os N0. ul II�I�I��I� I�IIIIII� TA � � � —( lul 0 NORTH CAROLINA GENERAL WARRANTY DEED D C M-E C Prepared by: ce & Williams, P.A. Return to: Sharp, Graham, Baker & Vamell, L.L.P. 5 Oleander Dr., STE C-3 in¢ton. NC 28403 This instrument is prepared by D. Robert Williams, Jr., a North Carolina licensed attorney. Delinquent taxes, if any, will be paid by the closing attorney to the Dare County Tax Collector upon disbursement of closing proceeds. The Pr er has made NO record search or examination as to the property herein described, unless the same ipjpown by his written and signed certificate. Excise Tax: S 0 Parcel ID# 022286000 Brief Description for the Index�Lot 3, Block 114, Southern Shores THIS DEED. madediis Isf day of June, 2017, by and between: GRANTOR V JOHN W. SPENCER and wife, JESSICA DEGROOTE SPENCER Mailing Address: 1100 Pembroke Jones Drive Wilmington, NC 28405 GRANTEE Mark Freon and Anita Freoa, Trustees, or their successors in interest, of the Mark and Anita Freoa Family Trust dated May 31, 2013, and any amendments thereto Mailing Address: 1 19 S Dogwood Trail Authern Shores, NC 27949 PLEASE CHECK ONE: This property does O / does not M Include the primary residence of at least one of the Grantors. (NCGS § 105-317.1) The designation Grantor and Grantee as used herein 11 include said parties, their heirs, successors, and assigns, and shall include singular, pill,xgtasclilinq feminine or neuter as required by context. CV-\'\ WITNESSETH, that the Grantor, for a valuable consideration mid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents doesgtarlt, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel op d and more particularly described as follows: `� See Attached Exhibit "A" which is incorporated here"y reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land h�k all privileges and appurtenances thereto belonging to the Grantee in fee simple. 6 And the Grantor covenants with the Grantee, that Grantor is seized of tfiCpremises in fee simple, has the right to convey the same in fee simple, that title is marketable free and clear of all encumbrances, and that Grantor will warrant and defend the title against th4awful claims of all persons whomsoever except for the exceptions hereinafter stated. RECEIVED Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. MAY O 7 N19 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2017 and future years. DCM-MV4D CITY IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, �eIas caused this instrument to be signed in its corporate name by its duly authorized flicer(s), the day and year first above written. (SEAL) O . SP NCER d O State of North Caro`iina County of New Hanover (SEAL) I certify that the f wing person(s) personally appeared before me this day, having been properly identified by a dniotis license or other photo identification, each acknowledging to me that he or she voluntarily sigqed%the foregoing document for the purpose stated therein and in the capacity indicated: JOHN W. SPE 6E�R and wife, JESSICA DEGROOTE SPENCER Witness my hand and notarial seal, tffrsst day of June, 2017. ° Melissa Ketchum n0 � IC�-� Notary Public Notary Public New Hanover County, NCB WV fin � Y�P_10 Typed or Printed Name of Notary My Commission Expires: 20c_)b °eeoved �V11` DMEC 1 d ° w�O EXHIBIT "A" LEGAL DESCRIPTION PA RTY: BEGINNING AT a concrete monument lying in the Western margin or n1ght of way of Dogwood Trail, said point of beginning lying in the Northeast comet<f Lot 4, of Block 114, Southern Shores, and being the Southeast comer of the lot n as Lot 3, on that certain plat entitled "Plat of Lot 3, Block 114, Southern ores: prepared by F. Richard Quible, Registered Surveyor, dated 18 November, 77, and attached hereto; mm�ing thence from the point of beginning South 84° 3 " West a distance of 75.65 feet to a concrete monument lying in the North boon f Lot 4, of Block 114, Southern Shores, thence continuing along the same as sta ed in the preceding call a distance of 256.84 feet to a concrete monument lying on the shore of a certain lagoon which joins the waters of Jean Guite Crook; thencming and conning North 17° 54' 48" East a distance of 130.07 feet along horeline of the aforesaid lagoon to a concrete monument lying in the Southwesern comer of Lot 2 of Block 114, Southern Shores; thence turning and miming No1�8440 44' 6" East a distance of 258.63 feet to a concrete monument lying in the boundary of Lot 2 of Block 114, Southern Shores; thence continuing the sam"urse as stated in the preceding call a distance of 58 feet to a concrete monument lying in the Western margin or right of way of Dogwood Trail; thence tumid running South 13° 3' 26" West, along the r Westemargin or right of wa of Dogwood Trail a distance of 41.44 feet to a concrete monument lying in the V(8stem margin of right of way of Dogwood Trail a distance of 41.44 feet to a con monument lying in the Western margin of right of way of Dogwood Trail; the � running South 10° 23' 56" West along the Western margin or right of way of D4Nood Trail a distance of 82.62 feet to the point or place of beginning. Same being more particularly described on the map or plat drawn by F. Richard Quible, Registered Land Surveyor, dated 18 November, 1977, entitled "Plat of Lot 3, Block-114, Southern Shores", which plat iottached hereto and incorporated herein as a part of this instrument. O Also being the same property described in that dec%John W. Spencer and wife, Jessica Degroote Spencer, recorded January 22, 20IVn Book 1950, Page 234 of the Dare County Registry. Gas, oil and mineral rights are not hereby conveyed. Parcel Number: 022286000 d O �O Received REGE%VED MAY 011[)18 AGM"MNQ ON N \T(1'1'IC1� Fj?TAq A V "ML PROJECT: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin m and install a wooden boardwalk around the z basin. v May 29, 2018 [V1m1 _a M i 3 A :.,EPTED THROUGH APPLICANT Mark and Anita Frena 119 S. Dogwood Trail Southern Shores, NC 27949 252-715-1087 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: -.� Ron Renaldi Division of Coastal Management 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 237 Coastal Management ENVIRONMENTAL QUALITY May 4, 2018 Mark & Anita Frena 119 S. Dogwood Trail Southern Shores, NC 27949 Dear Mr. & Mrs. Frena: ROY COOPER c...... MICHAEL S. REGAN BRAXTON C. DAVIS onerol The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 121 S. Dogwood Trail in Dare County. It was received complete on April 26, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 10, 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 26, 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 '"Nothing Compares - . MAY 0 7 2918 State of North Carolina I Environmental Quality I Coaatat Management �/ 401 S. Griffin St., Ste 3001 Elinbeth City, NC 27909 DC M-M H D CITY i 252-264-39011252-331-2951 ]fax] Mark and Anita Frena May 4, 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 Ron Renaldi, Field Representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, Frank Jenni gs District Manager, Northeastern District NC Division of Coastal Management FJ/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, DCM, Elizabeth City, NC George Wood, Environmental Professionals, Inc. 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-1.19(b) that application for a development permit in an AEC as designated under the CAMA was received on 04/26/18. Mark & Anita Frena proposes to construct a bulkhead waterward of NWL with USACE 404-wetland fill, excavate a two - slip basin, dredge within a man-made canal, construct a boathouse and pier within the basin and install a wooden boardwalk around the basin located at 121 S. Dogwood Trail 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 05/29/18 , 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: Wednesday, May 9, 2018 Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals@thecoastlandtimes.net FROM: Ella Godfrey DATE: 05/03/18 SUBJECT: Public Notice: Mark & Anita Frena ROY COOPER MICHAEL S. REGAN BRAxLON C. DAVIS -n,,, mr Please publish the attached Notice in the Wednesday, May 9, 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, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED 'Nothing Compares _-;,, 0 7 2018 State of North Carolina I Environmental Quality I Coastal Management 401 S. Gruen St., Suite 300 1 Elizabeth City, NC 27909 M HD CITY 252-264-39011252-331-2951 [fail DCM MAJOR PERMIT FEE MATRIX selectlon Development Type Fee DCM % (14300 1601 435100093 1625 6253)00095 % 2341) P I. Private, non-commercial development that does not $250 100% ($250) 0) involve the filling or excavation of any wetlands or open water areas: ll. Public or commercial Ej development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Ej 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 H A, B. C, or D below applies: ❑ III(A). Private, non- commercial development, 9 $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: ❑ III(B). Public or commercial development, if General $400 100%($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff RECEIVED determined that additional review and written DWQ concurrence is needed p.; , 0 7 2018 because of concerns related to water quality or DCEI)-N{itiDC a uaticlife: III(D). If General Quality Certificat$400 60% ($240) 40% ($160) '7" 4097 (see attach be a lied: ]that IV. For developmo involves the fillin$475 60%($285) 40%($190) excavation of mone acre of wetlo en water area "'This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11101)2012) Applicant., Mark & Anita Frans Date: May 3, 2018 Project Site County: Dare Staff- Ron Renaldi District: CDEfizabeth City ❑Washington ❑Morehead City El Wilmington Project Name: Rover File: Date of initial application submittal (EX.: 11&2007): February 15, 2018 Date application "received as complete" in the Field office (EX: 118/2007): April26, 2018 Permit Authorization: ID CAMA ❑Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA. ® Yes [-]No Photos Taken: Yes ® No[-] Setback Required (riparian): ❑ Yes No Critical Habitat: El Yes ❑No ❑Not sum 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: []Yes ®No SAV OYes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑ Not Temporary impacts: MYes No Sure Sandbags. [I Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:®Yes ❑No ®Yes El No Moratorium Conditions: ®Yes ❑No Environmental Assessment Done: ❑NA ❑Yes ❑No®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) El 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 cordgress (Spartlna ❑ (SY) Salt reed grass (Spartina altemifiora) cynosuroides) (DS) Salt or spike grass (Distfchlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; ® III(D) Pdv. public or comet w/D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ 111(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ 11. Public or commerciallno dredge RECEIVED $100 1 and/or fill - $400 1. Private no dredge and/or fill - $250 El III(C) Prfv. public or comet w /D&F to 1 acre; 3490 can be applied; DCM needs MAY 0 7 2018 DWO agreement - $400 D(:M-MHD CL Y 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanauement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Mark 8 Anita Frena Date: May 3, 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 1 Dimension 2 Dimension 3 Dimension 4 One One Excavation I New Work❑ Replace 61 29 2 (dredge) Maint ® ❑ Y O N Boat basin 1 New Work® Replace 34 29 5 (slip) Maint ❑ El E N 2 Boathouse 1 New Work® Replace 267 15 Maint❑ ❑YON Boardwalk 1 New Work® Replace 100 4 Maint❑ ❑YON Bulkhead (Not I New work ® Replace 100 1 3 NWL vial) Maint ❑ ❑ Y ® N Bulkhead 1 New Work® Replace 93 1 3 (vinyl) I Maint❑ ❑ Y O N Fill (Shoreline 1 New work ® Replace 26 Stabil. Below Maint ❑ ❑ Y ON H2O level) Boat Slips 2 New Work® Replace 2 Maint ❑ ❑ Y O N Excavation(up I New Work® Replace 120 54 6391 land)/ radin Maint ❑ ❑ Y ® N Highground I New Work® Replace 120 54 Disturbance Maint❑ ❑ Y E N Mitigation 1 New Work ® Replace 3,242 (required) Maint ❑ ❑ Y ® N Pier 1 New Work® Replace 27 2.5 Maint ❑ ❑ Y ® N Spoil 1 New Work® Replace 40 30 Maint❑ ❑YON New Work ❑ Replace Maint❑ - ❑Y❑N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work El 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 I NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant Mark & Anita Frena Date: May 3, 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 and/or temp restoration or temp impact temp impacts) impact amount) tarnp impacts) amount HG Dredge ® Fill ❑ Both ❑ Other ❑ 74 74 HG Dredge ❑ Fill ❑ Both ❑ Other ® 6317 6317 ow Dredge ❑ Fill ❑ Both ❑ Other ® 467 467 SB Dredge ® Fill ❑ Both ❑ Other ❑ 1772 1772 SB Dredge ❑ Fill ® Both ❑ Other ❑ 702 702 SH Dredge ❑ Fill ❑ Both ® Other ❑ 122 122 WL Dredge ❑ Fill ❑ Both ® Other ❑ 3242 3242 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 2018 i7CM-MHD CITY 252-808.2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: Nov. 2012 1 CaastoWanagement ENVIRONMENTAL QUAUTY George Wood Environmental Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 ROY COOPER MICHAEL S. REGAN Sweton BRAXTON DAVIS Du ,t,,, February 26, 2018 RE: Frena Major Permit Application for a Bulkhead, Basin & Boathouse at 121 S. Dogwood Trl. Dear Mr. Wood: This letter is in response to your January 26, 2018 CAMA Major Permit application on behalf of Mark & Anita Frena. In the submittal package, the applicant requested a bulkhead and basin involving non -coastal wetland fill and excavation, a boathouse, a pier and a boardwalk around the basin. After the Division of Coastal Management began processing the application package, a CAMA violation on the subject property was discovered. On February 6, 2018,1 conducted a site visit and found that approximately 2"-3" of fill material had been placed within the non -coastal wetland area. A follow up visit was conducted with you the following day. Currently, the application package is incomplete for processing and a request has been submitted to the US Army Corp. of Engineers to meet onsite and evaluate the non -coastal wetland fill and to determine whether restoration of the impacted area will be required. Therefore, as per 15A NCAC 7J.0204(e), until this situation, including any required restoration, is resolved to the satisfaction of the Division and the Corps. of Engineers, we have determined that it would be inappropriate to process the permit application request. Once the violation is resolved to DCM's satisfaction, we will re -initiate processing of the permit application request. Please contact me at ronald.renaldi@ncdenr.gov or (252)264-3901 if you would like to discuss this matter further. Sincerely, Ron Renaldi Field Representative Division of Coastal Management Cc: Greg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City RECEIVED Mark & Anita Frena, Applicants Josh Pelletier, USACE, Washington, NC FEB 2 9 ZJ16 DCM- MH® CITY State of North Carolina I Environmental Quality I Coastal Management 401 S Griffin Street I Suite 300 � Elizabeth City, NC 27909 PROJECT NARRATIVE MARK & ANITA FRENA 121 SOUTH DOGWOOD TRAIL SOUTHERN SHORES, NORTH CAROLINA (REVISED FEBRUARY 22, 2018) IReceived �J4 DCM-EC The application's property is on a man-made canal in Southern Shores, North Carolina which has been improved by the construction of a single-family residence in 1985. The lot supported a dock which no longer can be accessed due to erosion of the unbulkheaded shoreline from boat traffic and is now dilapidated. The adjoining properties are bulkheaded, and the applicant desires to construct a bulkhead which ties into the bulkhead on the property to the north and will extend along the eroded shoreline 100 feet, an average of six feet waterward of N WL and a maximum of 14 feet waterward of N WL where it will intersect with the proposed covered boat slip and an uncovered boat slip. A four foot wide, 100 foot long boardwalk is proposed surrounding the docking facilities. A 2.5 foot wide access is proposed between the slips. The covered boat slip will require a 15' x 27' 8" roof (400 square feet). The bulkhead will be backfilled resulting in 2,837 square feet of 404 wetlands to be filled, and the boat basin will result in 405 square feet of 404 wetlands to be excavated. Approximately 1,772 square feet of shallow water will be excavated to -5 feet to connect with the existing -5 foot water depth within the canal. This shallow water area supports a moderate distribution of Eurasian water milfoil with some very sparse areas of widgeon grass. All spoils will be placed 30 feet+ from NWL and then will be used as backfill for the bulkhead. Wetland impacts will be mitigated 2:1 by purchase from The Great Dismal Swamp Restoration Bank, LLC. RECEIVED MAY 0 7 2018 Received Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. 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) stabllization Length 44 N/A 34 N/A N/A WA WA Width 29 WA 29 WA WA WA WA Avg. Existing 3.0 N/A 1 WA NA NA WA Depth Project5 WA -5 WA NA NA WA Deal 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 257.5 cubic yards c. (i) Does the area to be excavated include 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 0 ❑SAV 0 ❑SB 0 OWL 405 ❑None (ii) Describe the purpose of the excavation in these areas: Boating Access 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. adjacent to proposed basin (more than XY from NWL) c. (i) Do you claim title to disposal area? ®Yes ONO ❑NA (i) If no, attach a letter granting permission from the owner e. () Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: WA ❑This section not applicable b. Type of material to Sand d. High -ground excavation in cubic yards None ❑This section not applicable b. Dimensions of disposal area. 30x40x2 d. (i) Will a disposal area be available for future maintenance? ®Yes ONO ❑NA III) If yes, where? Same Area f. (1) Does the disposal include any area in the water? ❑Yes ®No ❑NA III) If yes, how much water area is affected? WA RECEIVED RmA" 0 7 2018 ?.5�: Ri)rl JLR)3 .;i3-L` L.z .S tiJ.'.nea.,a ,*.ul;taa:a onf " ]- �7CM-MAD ,,)ITY Form DGM MP-2 (Excavation+ and Fill, Page 2 of 2) Received, 3. SHORELINE STABILIZATION QFhig Spcdpn not applicable(If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 193 ®Bulkhead ❑Rtprap ❑8reakwater/Sill ❑Other. c. Average distance waterward of NHW or NWL• +/- 7 feet Width: 1 U V M-L V d. Maximum distance waterward of NHW or NWL: 14 e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 vinyl months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. +/-1.0 feet -aerial photographic interpretation g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 792 Riprap _ sand Breakwater/Sill_ Other_ I. Source of fill material commercial supplier and dewatered material from basin excavation 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No [_]NA b. (p Will fill material be placed in coastal wetlands/marsh (CW), ff yes, (ii) Amount of material to be placed in the Water 0 Qii) Dimensions of fill area .120 x 35 (iv) Purpose of fill Fill area behind the bulkhead fill area. S. GENERAL a. How will excavated or fill material be kept on site and controlled? smoothed and grassed c. (I) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (It) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands OK)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB OWL 2837 ❑None (itj Describe the purpose of the fill in these areas: Bring land up to height of fill behind proposed bulkhead backhoe, or hydraulic badrhoe d. (I) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Area disturbed is proposed to be filled. February 5, 2018 George H. Wood (age t) Date Applicant Nam Ffena Ap nt Signature Project Name 257.-89t3-T.ii+iv :. , %iv?8-�IRG:3A9T.: sv.>�a•-ixcop i.�.9-au:r�;pg.ynrn�t sat�t ..,:;i::-: ch 'd 3t2r;i 3:i Received Form DCM MP-4 STRUCTURES (��. (Construction within Public Trust Areas) '^"+�� Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublictGovemment OPrivatelCommunity ❑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 27 (ii) Number 0 (iv) Width 2_5 (iii) Length 0 (v) Floating ❑Yes ONO (iv) Width 0 (v) Floating ❑Yes ONO e. (i) Are Platforms included? ❑Yes ONO f. (i) Are Boatlifts included? ❑Yes ONO If yes: If yes: (ii) Number (ii) Number (iii) Length (ili) Length (iv) Width (iv) Width (v) Floating ❑Yes ONO Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ 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: 2 ❑ 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 open runabout ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25 I. (1) Will the facility be open to the general public? ❑Yes ONO m. (i) Wit the facility have tie pilings? RECEIVED ❑Yes ®No (ii) If yes number of tie pilings? MAY 0 7 2018 nla-m- aHQCITY 2-iS0a-2AJ3 :: 1-3334RCOA i v ,IV CWIC�a Received Z DOCKING FACIU M/MARINA OPERATIONS ®This J&Alb sb►e a. Check each of the following sanitary facilities that will be included In the proposed project. ❑ Office Tallets ❑ Toilets for patrons; Number. Location: ❑ Showers ❑ Boatholding tank pumpouh Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. a. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (I) Give the location and number of "No Sewage Discharge" signs proposed. (ti) Give the location and number of Tumpout 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 fuef-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 gushing? I. If this project is an expansion of an existing manna, what types of services are currently provided? m. lathe marina►docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252-4i10R-28011 :: •t•t3ED•t{('rC�;l?•td•j' :: VIWVl,�3CL0_a&`G3t4d�i!Yl i�e1%OT,iPa.19^"t r�i✓isesi: ''t :!I^71a+.i Received oti ,rm � ru;:11;e ;iIt°4 (Stmetures, Pn.fa'3 of 4) a Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No DCM-EG o. Is the mannaidocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? N any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ❑This section not applicable a. () Is the boathouse strudure(s): ❑Commercial ❑PublictGovemment ®PdvatelCommunity Cm) Number 1 (iii) Length 15 (TV) WMth 262_S" Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, ametpile, etc. If a rock groin, use MP-2, Excava&n and Fill.) 0This section not epplicable a. () Number — (11) LGAO — (N) wklttt — 5 BREAKWATER (e g., wood, sheetplle, etc.) ®This section not applicable a. Length b. Average distance from NHN, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Communay Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAY 0 7 2018 DCM-MHD CITY :-3UJ.4:;;irkr:: r. .ised: i21271M Form DCM IQP A Otrtfe.tuh''oSf Page 4 Ulr =t) a. Proximity of sbuctuie(s) to adjacent riparian property lines W minimum Note: For buoy or mooring p1Ung,. use arc of swing Includinglength Of vessel. c. Width of water body 07 e. () Will navigational aids be required as a result of the project? []Yes ®No [:]NA (I) If yes, explain what type and how they will be implemented. b. Proximity of sWctum(s) to adjaceid doddng facilfts. 181 feet minimum d. Water depth at watef ward end of structure at NLW or NWL -5 Received 18. OTHER ®This section not appllcabhr a. Givecomplete description: Boardwalk four feet wide +1-109 long February 5, 2018 Date Frena Project Name George H. Wood/Agent Applicant N e o Appl& ignature f :?52-31/U-2;i06 :: 'I St6?.-dl4:r:43A.�','r :: uv�aM�.slCCga54a7nh{�1e:;yr..,�ennC,aaa� ev...�se;t: 121 71p7i 2 PRVPJ� LIM PLANNING FOR A BETTER ENVIRONMENT Received Tab 0CM-EC January 17, 2018 The Great Dismal Swamp Restoration Bank, LLC Attn: Ms. Beverly Whits P.O. Box 6186 Chesapeake, VA 23323 Dear Ms. White, This letter is to request confirmation of acceptance for mitigation credits for the Mark and Anita Frena proposed impacts to wetlands. Corps' Project Number: Waterway: Permittees' Names: Location of Impact: Permit Action: Impacts (Acres/Linear Feet): Impact NWI Classification: Impact Hydrolic Unit Code: Anticipated Mitigation: Application in Process Riparian — Jean Guite Creek Mark and Anita Frena Southern Shores, North Carolina NW #18 0.075 Acres None Pasquotank 03010205 0.151 Acres Thank you for providing a letter of acceptance for these proposed impacts. Sincerely, Environmental Professionals, Inc. �m.. // 4d George H. Wood, CEP, PWS RECEIVED MAY 0 7 W8 P.O. BOX 3368 - KILL DEVIL HILLS, NORTH CAROLINA 27948 - 252-441-0239 FAX: 252-441-0721 - EMAIL: ObXWOOd@yahoo.com The Great Dismal Swamp RestorationBank, LLC P. O. Box 6186 Chesapeake, VA 23323 January 18, 2018 Mr. George Wood Environmental Professionals, Inc. P.O, Box 3368 Kill Devil Hills, NC 27948 RE: Mark & Anna Frena Southern Shores, NC Dear Mr. Wood: Phone(757) 487-3441 Fax (757) 487-8680 DMEC The following price quote is given in reply to your request for the purchase of 0.151 Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from our Timberlake mitigation bank. The cost will be Five Thousand, Five Hundred, Eighty-seven Dollars ($ 5,587.00). This quote will expire on April 30, 2018. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project #: Waterway: Riparian —Jean Guite Creek Permittee Name: Mark & Anita Frena Locality of Impact: Southern Shores, NC Permit action (i.e., IP, NWP-39,.enforcement, etc.) NW 18 Impacts (acres/linear feet): 0.151 Impacts NWI classification: None Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote this project. We look forward to working with you. HeverlyM ite ounting / Sales CC: File January 17, 2018 LINE PLANNING FOR Mr. Patrick Phelps A SETTER 4510 Edsall Drive ENVIRONMENT Woodbridge, VA 22193 Dear Mr. Phelps, (Via Certified Mail/Return Receipt Requested) Received DCM-EC Environmental Professionals, Inc. has been retained by Mr. and Mrs. Mark Frena to represent them to the North Carolina Division of Coastal Management for the purposes of obtaining a CAMA Major Development permit to authorize the construction of a bulkhead with backfill and two boat slips — one covered and one uncovered and a 4-foot wide dock around the boat slips. The project is described in the attached plat and Project Narrative. Should you have any questions regarding this request, please contact me or Mr. Ron Renaldi with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. North Carolina Division of Coastal Management Attn: George 14. Wood, CEP, PWS Attn: Mr. Ron Renaldi P.O. Box 3368 401 S. Griffin Street — Suite 300 Kill Devil Hills, NC 27948 Elizabeth City, NC 27909 Telephone No.: 252-441-0239 Telephone No.: 252-264-3901 Cell Phone: 252-423-1234 Email: Ronald.Renaldi@ncmail.net Email: obxwood@yahoo.com If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. The North Carolina Division of Coastal Management provides 30 days from the date of notification in which to comment. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, E7v4 ental Professi Is, Inc. G. Wood,CEP, PWS Attachments: a/s —y I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. RECEIVED SIGNATURE �— DATE MAY 0 7 2018 DCM-MHD CITY P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252-441-0239 FAX 252-441-0721 • EMAIL: ObXWOOd@yyahOo.CORI Renaldi, Ronald From: George Wood <obxwood@yahoo.com> Sent: Monday, January 29, 2018 11:55 AM To: Renaldi, Ronald Cc: anitafrena@yahoo.com Subject: [External] Fwd: Mark and Anita Frena Project 121 5 Dogwood Trail Attachments: 3460_OO1.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. George Wood PO Box 3368 Kill Devil Hills, NC 27948 252-423-1234 www.woodvwrites.com Begin forwarded message: From: "Phelps, Patrick" <Pat.Phelos@csra.com> Date: January 29, 2018 at 11:22:36 AM EST To: "obxwood@vahoo.com" <obxwood@vahoo.com> Subject: Mark and Anita Frena Project 121 S Dogwood Trail Attached is my response to your January 17, 2018 letter sent via Certified Mail. This electronic message transmission contains information from CSRA that may be attorney -client privileged, proprietary or confidential. The information in this message is intended only for use by the individual(s) to whom it is addressed. If you believe you have received this message in error, please contact me immediately and be aware that any use, disclosure, copying or distribution of the contents of this message is strictly prohibited. NOTE: Regardless of content, this email shall not operate to bind CSRA to any order or other contract unless pursuant to explicit written agreement or government initiative expressly permitting the use of email for such purpose. Received Y9VIIIIINMBV�,11, 1'811f'\SlIIN II January 17, 2018 Po ANNINC. I I N: AB[ rrtR MVIRUNAIINi Mr. &Mrs. James Wynne 2110 Chartstone Drive Midlothian, VA 23113 Dear Mr. & Mrs. Wynne, (Via Certified Mail/Return Receipt Requested -EC Environmental Professionals, Inc. has been retained by Mr. and Mrs. Mark Erena to represent them to the North Carolina Division of Coastal Management for the purposes of obtaining a CAMA Major Development permit to authorize the construction of a bulkhead with backfill and two boat slips - one covered and one uncovered and a 4-foot wide dock around the boat slips. The project is described in the attached plat and Project Narrative. Should you have any questions regarding this request, please contact me or Mr. Ron Renaldi with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252.423-1234 Email: obxwood(i�vahlm.cont North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 401 S. Griffin Street - Suite 300 Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: Ronald.Renaldi@ncmail.net If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. The North Carolina Division of Coastal Management provides 30 days from the date of notification in which to comment. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, Envtro mental Profess Is, Inc. G orge H. Wood, CEP, PWS Attachme s: a/s 1 have no objection to the project described in this correspondence. 1 have objection to the project described in this correspondence. I� DATE P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252-441-0239 FAX 252-441-0721 • EMAIL: ObXWOOd@ydhOO.CDftl DECEIVED MAY 072018 I)CM-MHD CITY ■ Prfrrt Ymr FMe and addrMan the reverse sothd we can tefion the mid tb Yoa.. . N Attwhthlscad tothe back ofthe mallplece;. ororithe lrontlfSpacepetmita . 1. Arffda AddmsAalta. Mr. Patrick Phelps 4510 Eolsall ®rive Woodbridge, VA 22193 1111�11111 �111111111t1 ll ll l�l l ll llll 111 9590 9403 0238 5i46 8797 09 _ . ,. Mlcte._yur� (tlan§ro!6an s�ird7 7016 2710 0000 0832 4867 P9'0onn 3811..Apfi 2ois p oN 759o-oz-oo0=8053` ■ C a 5 a kr. &-twr�..laenes Wynne 2110 Chartstone ®rive M®dlothian, YA 23113 I�I��I'u��iiilllll �nliulullii�lil . 9590 94030298 5146 8796 93 _2_adrJo.mw�: - .aoM�N�mmben --.- 7016 2710 0000 0832 4850 Ps corm 3811'. nprn tots iu3o-oz-0oo-9053 9:pwroa d�vQy aCdrtljA;k�RJ� �V�o ai,7 ONI-U-n . I.. RecelVed f '(P8r#edN?+meJ:..: ' G::I Received FFQ2" ?°`J DCM-EC m ReCelpt January17, 2018 ENIIRON PROPEN NA .—IN 4— Mr. Patrick Phelps PLANNING FOR A BETTER 4510 Edsall Drive ENVIRONMENT Woodbridge, VA 22193 Dear Mr. Phelps, (Via Certified Mail/Return Receipt Requested) Received DMEC Environmental Professionals, Inc. has been retained by Mr. and Mrs. Mark Frena to represent them to the North Carolina Division of Coastal Management for the purposes of obtaining a CAMA Major Development permit to authorize the construction of a bulkhead with backfill and two boat slips — one covered and one uncovered and a 4-foot wide dock around the boat slips. The project is described in the attached plat and Project Narrative. Should you have any questions regarding this request, please contact me or Mr. Ron Renaldi with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252423-1234 Email: obxwood yahoo.com North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 401 S. Griffin Street — Suite 300 Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: Ronald.Renaldi@ncmail.net If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. The North Carolina Division of Coastal Management provides 30 days from the date of notification in which to comment. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, GEZzgeH. e �t Prof s, Inc. Wood, CEP, PWS Attachments: a/s I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. RECEIVED SIGNATURE DATE MAY 072018 DCM-MHD CITY P.O. 80X 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252-441-0239 FAX: 252-441-0721 • EMAIL: obxwood@yahoo.com p, P80gSION'tL8 January 17, 2018 PLANNING FOR A BETTER ENVIRONMENT Mr. & Mrs James Wynne 2110 Chartstone Drive Midlothian, VA 23113 Dear Mr. & Mrs. Wynne, ffx=- DCM-EC (Via Certified Mail/Return Receipt Requested) Environmental Professionals, Inc, has been retained by Mr. and Mrs. Mark Frena to represent them to the North Carolina Division of Coastal Management for the purposes of obtaining a CAMA Major Development permit to authorize the construction of a bulkhead with backfill and two boat slips — one covered and one uncovered and a 4-foot wide dock around the boat slips. The project is described in the attached plat and Project Narrative. Should you have any questions regarding this request, please contact me or Mr. Ron Renaldi with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252.423-1234 Email: obxwood .yahoo com North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 401 S. Griffin Street — Suite 300 Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: Ronald.Renaldi@ncmail.net If you have noobjection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. The North Carolina Division of Coastal Management provides 30 days from the date of notification in which to comment. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, >Enro ental Profess' s, Inc. W�� G orge H. Wood, CEP, PWS Attachments: a/s I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252-441-0239 FAX: 252-+41-0721 • EMAIL: ObXWOOd@yahoo.CORI _ R r, ,E,IE ,. ,MI V9EB (TR) BE EMGWIIED mvER .WEvnmX . VICE RDD a s'-D� a D MDw (®o u EaRl.Fni 1 0W-o'ac u Isff Xlrtz) :. Nl WYBFA 9W1 <pFab XIM MR. RMY4D! K MOIED WMN TE DPD(�+q.lE iAE GR2MI 3. RINCS SIWl Z BY II ]]' IYR,I CpIMWK IeM W-Y ,D^ 1EO M RFW EUE ]. WEA 9WL BE Dle' NBG WMfWYY WfM IIC-.B. M ,OYG 1WER S,WL Cpip,Y 1111M UL-!B. YMFAS 91W1 PTgAY (1' WN) 1L R16. .. vuww:: N.: coxesr m a ron a rr� rc .x -mm.wlw- DEaw. suiwc vDu caxrvw wm uc-x. s. oEwM sx u BE e-a'na w e'a,o' lDcx (I. wnrulh Mn swl ca,rau wm, uc-a. ...,! Eu,E.AEBB n BE RDT-NPPED a lZW KR (E ). NL DOLS 9WL H 11411 wn'nfo ED Spew[. R Nq EB:E. M N DT,Ex v i �M4 LW6 tl :LL BEG,,;OR➢ :`Xi YS1M 9E IX .[CORD«E°f M WN6 »W SVEG,G+ D�1RW)I WMIEI! WPAYNY Of ME 4RYER EXGX[fR�O B BE EBEE BE B. s. BWYNE.Y MSLY,wMXI 10 f4NEL'f MIN IDYLEM BWMEI➢. YMIE B'M"' DC6 XOT mNE`J NRX IPDNEf 'e:MI1RYWRiO YVRSPIpA<0. DEIWb ,LG1pXS MO IMi1NS DXW. eE IF1D INW,FO ro DMhIIE H_L'1IG11AM BE. - D Received ro,„_ _. rvd .nl.o. 0a PRELIMINARY ONLY MW NOT FOR CONSTRUCTION LOT Q i � 9z dWIIC BCXE � nE v .! Fi JEPN ` GUITE CREEK .n z 0 I l LOT Z z W \I c7¢Oa LOT 3 Cmg IF RECEIVED FEB 0 5 2018 DCM- Wn', Y Coastal Management ENVIPONMENTAL QUALITY January 30, 2018 George Wood Environmental Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 ROY COOPER c,aT„t„r MICHAEL S. REGAN Swerary BRAXTON C. DAVIS Dir,dar Re: Frena Major Permit Application for a Bulkhead, Basin & Boathouse at 121 S. Dogwood Trl. Dear Mr. Wood: The NC Division of Coastal Management hereby acknowledges receipt of your application on January 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.0204). 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 entire 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 and a site visit 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: Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: Form DCM-MP-I: Number 5(d), add the pier, open water dredging and basin to the development activities. Form DCM-MP-2: - Within the table, the average existing water depths are indicated; however, they cannot be verified because depths within the entire dredge area were not provided. ''-Nothing Compares- - , State of North Carolina I Environmental Quality I Coastal Managetaeat 401 S. Gruen St, Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [W] K George Wood January 30, 2018 Page 2 of 4 Number 1(a), The amount of material to be excavated below NWL is indicated as 138 cu yds.; however, I am calculating —178 cu yds. as follows (based on values indicated within the Table): 1. Total area to be dredged is 49' in length (15'+34') x 29' in width equaling 1,421 ft2 of dredged area. 2. The access channel is listed as 15'x29'=435 ft2 x 2' dredge depth equaling 32.2 cu yds. 3. The site plan indicates that 931 ft2 of shallow bottom is to be excavated. 931 ft2 - 435 ft2 = 496 ft2 of shallow bottom boat basin area is to be dredged 3' in depth equaling 55.1 cu yds. 4. The total dredge area of 1,421 ft2 - 435 ft2 - 496 ft2 = 490 ft2 of land area to be excavated for the basin. The site plan indicates that 447 ft2 of this area is wetlands and the remaining 43 ft2 is a sliver of upland area. 5. The average water depth of the land area is 0', so the dredge depth within this area is 5'. 490 ft2 x 5' = 90.7 cu yds. of material below NWL (Note: this does not include the material above NWL) Number 3(b) lists the bulkhead length as 100'. It appears that this is only the length along the canal and does not include the bulkheading associated with the basin. Please indicate the bulkheading associated with the basin as well. Number 3(c) lists the average distance of the proposed 100' bulkhead ±6' waterward of NWL. 100'. x 6' = 600 ft2 of shallow bottom fill; however, 3(g) indicates that 702 ft2 of shallow bottom fill is proposed (this is also indicated on the site plan). Using the google earth area tool, I get an area of ±600 ft2. ■ Form DCM-MP-4: Number 1(c), the dimensions indicated are for the boardwalk on land, move these dimensions to Number 8 under the heading Other. Also, the boardwalk scales to a length of ±100' on the inset drawing. Number l(d), move these dimensions over to Number 1(c). Number 1(m) indicates that there will be 24 tie pilings, I think this is an error as there are no tie pilings indicated on the site plan. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: When drawings are larger than 11 inches by 17 inches, 26 copies must be provided. Each drawing must have a simple Title Block and it must: - Identify the sheet # of # A Plan View must be submitted that: - On the 1"=40' drawing: 1. Identify the House as existing 2. Identifies the proposed boardwalk, basin, pier and boathouse 3. Remove `Possible older shoreline' and the associated line or replace the label with something like `Historic Shoreline circa ±1990' 4. Indicates Adjacent Property Owners' Names (including James & Elizabeth Wynne with an arrow and approximate distance) George Wood January 30, 2018 Page 3 of 4 5. Remove `(Taken from Previous Permit)' from the 404 Line because there was no previous permit. Instead add `established 2014' or similar 6. Shows the 30 CAMA Buffer going from property line to property line 7. The 25' and 15' M.B.L. can be removed for clarity 8. Shows NWL 9. Remove the dashed line next to the solid shoreline line 10. Shows spot elevations on land 11. Identifies the fill limits 12. Identifies the disturbance area limits On the 1"=10' Inset of the proposed basin area 1. Identify the boardwalk, basin, pier, boat slip & boathouse as proposed (NOTE: The open water slip is incorrectly identified as `Boat Lift Slip') 2. Show the proposed dredge limit 3. Remove the dashed line (this cannot be NWL) 4. Identify NWL 5. If keeping the historic shoreline line, please label it as such 6. Show water depths and spot elevations within the dredge and basin area Regarding Cross-section B-B: - The cross-section does not scale correctly in the horizontal plane: 1. The connecting water depth of -5' scales to be 41' instead of the 49' identified in the application. 2. The cross-section should show ±16' of wetlands landward of NWL that will be excavated. 3. A Narrative Description of the proposed development was provided; however, please address the presence or absence of SAV's within the project area. Also, the boardwalk length is identified as 108', but scales at ±100'. 4. Documentation of Notification of Riparian Property Owners must be provided. When you receive the signed form of no objection or the signed and dated green card receipt from the Wynnes, please submit them to our office. 5. A Check or Money Order to cover the Application Fee must be submitted. Please provide this in the amount of $400.00. 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. George Wood January 30, 2018 Page 4 of 4 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, � - ' Ron Renaldi Field Representative Division of Coastal Management cc: Greg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Mark & Anita Frena, Applicants Kl.-r.._ Coastal Management ENVIRONMENTAL QUALITY February 19, 2018 George Wood ROY COOPER G.rvemnr MICHAEL S. REGAN Sea'rnva BRAXTON C. DAVIS of"' I", RECEIVED Environmental Professionals, Inc. FEB 2 3 2018 PO Box 3368 I(ill Devil Hills, NC 27M DCM- MILD CITY Re: Frena Major Permit Application for a Bulkhead, Basin & Boathouse at 121 S. Dogwood Trl. Dear Mr. Wood: On January 26, 2018, the NC Division of Coastal Management acknowledged receipt of the application submitted for Mark & Anita Frena located in Southern Shores, Dare County. An initial screening of the submittal package was conducted, which revealed certain deficiencies that required your attention. Part of the application was returned to you for corrections, with an office copy retained for my review. On February 15, 2018, our office received documents for your re -submittal of the application for Mark & Anita Frena. My subsequent review, has revealed that the application for Mark & Anita Frena is still incomplete. My office must receive the following data before the Major Permit Application can be accepted as complete: Form DCM-MP-2: • Within the table under the Boat Basin column, the dimensions indicated (18' length and 29' width) are the approximate in -water dimensions only and do not include the portion dug out on land. The previous submittal included the correct dimensions (34' length and 29' width). Please correct the indicated dimensions including the portion of basin cutting into land. • Number 1(a), The amount of material to be excavated below NWL is indicated as 171.8 cu yds., which is the amount for in -water. However, the cubic yardage below NWL on land should be included. I calculate this as (16'x29'x5' dredge depth)/27 = 86 cu yds. for a total of 257.5 cu yds. This amount does not include material to be removed above NWL. • Number 3(b) lists the bulkhead length as 100'. It appears that this is only the length along the canal and does not include the bulkheading associated with the basin. Please indicate the bulkheading length associated with the basin as well. (Previously requested) • Number 3(c) lists the average distance of the proposed 100' bulkhead ±6' waterward of NWL. 100' x 6' = 600 ft2 of shallow bottom fill; however, 3(g) indicates that 702 ft2 of shallow bottom fill is proposed (this is also indicated on the site plan), which means the average distance should be ±7' waterward of NWL (100' x 7'). Please correct (Previously reguestedl. However, I do understand this number may be correct if the additional basin bulkhead footage has been figured into the CAD output. 2. Form DCM-MP-4: • Delete values listed in 1(d). >" Nothing Compares -- - State of North Carolina I Environrwrtmi Quality I Coastal Management 401 S. Griffin St.. Ste 3001 Elinbeth City. NC 27909 252-264-39011252-331-2951 tfa+l George Wood February 19, 2018 Page 2 of 2 3. The resubmitted site plan was reviewed and found to now be acceptable. Please submit the 26 copies. 4. Regarding the resubmitted narrative, a minor error was found that indicates the 404 wetland fill as 2,877 ft2 while the application and site plan indicate 2,837 W. 5. Documentation of Notification of Riparian Property Owners must be provided. When you receive the signed form of no objection or the signed and dated green card receipt from the Wynnes, please submit them to our office. 6. A Check or Money Order to cover the Application Fee must be submitted. Please provide this in the amount of $400.00. If you have any questions regarding this correspondence or the permit process, please don't hesitate to contact me. Sincerely,.- Ron Renaldi Coastal Management Representative cc: Greg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Mark & Anita Frena, Applicants i— WOOD WALK BREAKWATER D GRADE SH. VEGETATIVE FOR STABILIZATION - s� -, SACK O.C, RED) MIN. ;RADE -0,' O,C. JR JE x VwVn I I,, m... J, aL IL. nwvnucu ur D.B..2180. PG. 32. DARE COUNTY PIN NO.. 9867 05 27 2782 PROPERTY ADDRESS: 121 S DOGWOOD TRAIL, SOUTHERN SHORES, NORTH CAROLINA 2. PROPERTY IS LOCATED IN FIRM ZONE AE (EL. 7.0) AND X (0.2%) FIRM MAP, NO. 37200986700J, EFFECTIVE DATE 09/20/06. (SUBJECT TO CHANGE BY FEMA) 3. PROPERTY IS LOCATED IN RS1 - SINGLE: FAMILY RESIDENTIAL DISTRICT. SETBACKS PER CURRENT ZONING. 4. SURVEY INFORMATION TAKEN. FROM SURVEY PROVIDED BY WILLIAM S. JONES, JR. PLS DATED JUNE 6TH, 2017, AND 404 WETLAND ALIGNMENT FROM INITIAL PERMIT APPLICATION. ELEVATIONS PER NAVD 1988. 5. BOAT DOCK LIFT LAYOUT BY OWNER AND CONTRACTOR. ,-*,a > A BOAT DOCK AND LIFT - (SEE INSET PROPOSED BASIN --\ OL F9W Buuaria PROPOSED BOARDWALK PROPOSED BOATHOUSE SPOIL DISPOSAL AREA — mcR PBS wool Ritz N (omm) N /F MARK FRENA ANITA FRENA LOT 4 DB 1934, PG 469 MOM. GRAPHIC :0 (IN FEET) I Our. cam U".. 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BMW k PS k x Ki osPk 1'{�k Yaf1 CwrA I RMI PPI Z . 3.157 SF 404 WETLAND CL AREA TO BEFILLED AND MITIGATED 3:1 V #9 2 8 SF DISTURBANCE d 'Q Lu f10- '�.. 11 Lu uJ .,M ,_FIRZONE ,AE Z WW FIRM ZONESlfAp O ) cc o� N /F PATRICK PHELPS <t LOT 2 DB 1849, PG 334 U I7,Gk •` W 4 440, *4'A' 151 k 14.2 k m 0 m z' (( Z p o �. YOK EkS(. p s PN AS SHOWN 16 SHEET: JULJULzI�I� 1 of 1 �r MWA