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
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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
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Coastal Management - LUP Consistency
Division of Community Assistance
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State Property Office
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Division of Archives & History —Cultural Res.
Division of Env. Health —Shellfish Sanitation
Division of Highways --DOT
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Wildlife Resources Commission
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Local Permit Office/Planning Dept. Ve6rDn
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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
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RECEIVED
JUL 1 6 2018
MP SECTION MHD
//
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to Le- Cv'edye2
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NWT
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6/SI)
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NANNINr I'OR
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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
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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
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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
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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.
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BOAT DOCK AND LIFT -
(SEE INSET
PROPOSED BASIN --\
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ANITA FRENA
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