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HomeMy WebLinkAbout124-18 Horizons East LLCPermit Class NEW 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 Permit Number 124-18 Issued to Horizons East LLC., 104 Garnet Lane Jacksonville NC 28540 Authorizing development in Carteret County at adi. to Pettiford Creek Bay at Lots 1-6 tidal Bluffs Ct., in Pelletier as requested in the permittee's application dated 4/26/18 (MP-1), 4/24/18 (MP-4), including attached workplan drawings (2) dated "Revised 2/15/18" and dated 6/11/18 This permit, issued on November 5, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation u muse terms may De suoiect to Imes, unprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically. set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) tws per—L action may oe appeaiee uy me 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. d.l-- BraxtofV. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Horizons East, LLC. Permit No. 124-18 i - Page 2 of 3- ADDITIONAL CONDITIONS " 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in widthand shall be elevated a minimum of thiee feet over the wetland substrate as- ineasured from the bottom'of the decking. ,4) 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 facilitie's.`At minimum; permanent reflectorsshall be attached,to the:str&ture in order to make it more visible during hours of darkness.or inclement weather. 5),_ This permit authorizes a maximum of 6 formalized boat slips. 6) : In order to satisfy concerns of the resource agencies and in order to reduce cumulative impacts to :Estuarine, Waters, a deed restriction'shall be placed.on the Lots 2-5 of Tidal Bluffs S/D detailing a prohibition of additional docking facilities with"formalized slips. These deed restrictions shall be recorded with Carteret County Regisier of Deeds, and copies of the recorded deed provided to the Division of Coastal•Management, prior to'the initiation of construction of the docking facility. .7) Should either Lot 3'or Lot 4 be sold prior to the initiation of construction of the docking facility, the permittee,shall-obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the ' docking facility... 8) 1n order to."satisfy concerns of the resource agencies, 'physical stops shall be -placed on the, boat lifts at a minimum height of 18" above the -bottom substrate to prevent the boat lifts from disturbing the bottom -_substrate. The physical stops shall remain=in place for theaife of the permitted docking facility. 9) No attempt ihall 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. 10) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:0713.0208 of the Rules of the Coastal Resources Commission,•no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure.. USACE Conditions 11) Idorder to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hnp://www.fws.gov/nc-es/mammal/manatee_guidelines.odf. General 12) No.vegetated wetlands shall The excavated or -filled, even temporarily, outside of the approved bulkhead ^ alignment. ; q . East, LLC. ADDITIONAL CONDITIONS Permit No.124-18 Page 3 of 3 This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third parry. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8-170604. E: The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under sedimentation and erosion control rules of the Environmental Management Commission is covered by way of Sedimentation and Erosion Control Permit No. CARTE-2017-026. _ This permit does not eliminate the need to obtain any additional state, federal or local pemuts, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2018-01898) issued 10/19/18. The N.C. Division of Water Resources assigned the project DWR Project No. 2018-1215. .. ........- _ Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $400 was received by DCM for this project. Coastal Management ENVIRONMENTAL OVALITY Horizons East, LLC Jennifer M. Ward 104 Garnet Lane Jacksonville, NC 28540 Dear Ms. Ward: FILE ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS November 5, 2018 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 Sincerely, v ,eftDouglas V. Hugg Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 DCM Coordinator:. Permit #: 12Itl— tl MAILING DISTRIBUTION SHEET Al Agents: Aoi &ff 64IN 6Y&C, -W * DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: (with revised work plan drawings) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, CmTituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffens (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 at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: �w m David Has Shellfish Sanitation: 1 Shannon Jenkins / Sharron Gupton State Property: Tim Walton / Mike Moser DEM[,"WR: Karen Higgins Washington: 1 r Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Mairs-4 1 (Carteret, Onslow, Pender) obum 401(Brunswick, New Hanover) or ette Scott - tormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) Natural Heritage Program ''// Rodney Butler LPO: �n'c t�r� Fax Distribution: ermittee #: Agent#- (NCDOT) Travis Wilson I ' DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Horizon East LLC County: Carteret PROJECT NAME: Tidal Bluff LOCATION OF PROJECT: _Tidal Bluff Ct., Pelletier FIELD REPRESENTATIVE NAME: Ryan Davenport DISTRICT OFFICE: Morehead City DATE APPLICATION RECEIVED BY FIELD REP: 05/14/2018 DATE RECEIVED COMPLETE BY FIELD REP: 08/02/18 DISTRICT MANAGER REVIEW: Roy Brownlow // PERMIT COORDINATOR ASSIGNED: Greee Bodnar O✓i 9/W,98 DATE ACKNOWLEDGEMENT SENT: 08/27/18 FEE REC'D: $ 400.00 DATE PUBLIC NOTICE POSTED IN NEWSPAPER: 09/01/18 END OF NOTICE DATE: 09/21/18 ADJ. RIP. PROP NOTICES REC'D: Yes or No DEED REC'D: Ed or No DATE REQUEST FOR COMMENTS MAIL OUT: 08/28/18 COMMENT DUE DATE: 09/18/18 75 DAY DEADLINE: 10/16/18 FEDERAL DUE DATE: 150 DAY DEADLINE: ( 3a S FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED COMMENTS: YES NO NOTES DCM - Regional Field Representative lob (a �sL�tiEi+w1 DCM - LUP Consistency Determination 711 b Local Permit Office q NCDOT - Division of Highways DAH - Division of Archives & History DCA - Division of Community Assistance DEH - Shellfish Sanitation Resources DLQ - DEMLR Land Quality Section '1(7 /($ DMF- Fisheries Resource Spec. SII� Htw b cUPs DWQ—SWP-DEMLR-Storm Water to cgll� 5kp$—rl DWQ 401 - Division of Water Resources 401 to 140 7PI 9 q1K DWR- Division of Water Resources 9W5 m (vvtwwt� SPO - State Property Office it WRC - Wildlife Resources Commission %Cti�py( USACoE - Corps of Engineers L tea Coastal Management ENVIRONMENTAL QUALITY I August 28, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Lee Padrick Division of Community Assistance Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Horizon East LLC Tidal Bluff Court, Pelletier NC 28584 RO.Y COOPER GQVembr MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVE® SEP 4 2018 WIP SECTION MHD To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit.officer at (252) 808-2808. When appropriate, in-depth comments with supporting, data is requested. REPLY: This agency has no objection to the project as proposed. 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 .t �i f DATE 1`I/—1 ? State of North Carolina I Environmental Quality I Coastal Management Morehead City OffiCe. 1 400 Commerce Avenue I Morehead City. NC 28557 252 808 2808 ROY COOPER 7ti Governor +a MICHAEL S. REGAN- /f=� Secretory Coastal+Management BRAXTOWC. DAVIS ENVIRONMENTALOUAIITYSh AUG 2Direadr ellfish sar:itatiW: J c August.28, 2018. MEMORANDUM: TO: Shannon Jenkins RECEIVED DMF/ Shellfish Sanitation SEP 7 2018 FROM: Gregg Bodnar Major Permits Processing Coordinator s SECTION A SUBJECT: CAMA Permit Application Review Applicant: Horizon East LLC Project.Location: Tidal Bluff Court; Pelletier NC 28584 Proposed Project: To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position;or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project,, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data.is requested. REPLY: This agency has no objection to the project as proposed. 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 S uA,(A ao DATE l Ile for Shavmon :)Woos State of North Carolina I Environmental Quality I Coastal vlanagement Morehead City Office 1 400 Commerce Avenue I Morehead City, NC'28W 2528082808 Coastal Management ENVIRONMENTAL QUALITY August 28, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Rachel Love Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Horizon East LLC Tidal Bluff Court, Pelletier NC 28584 ROY COOPER GoverrW MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED SEP 7 2018 MP SECTION MHD Proposed Project: To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. s aE e o ' ct o e project for reasons described in the attached comments. SIGNED DATE (f �! /KJI RECEIVED AUG 302018 State of North Carolina I Environmental Quality I Coastal Management DCM-MHD CITY Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 2528082808 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management SUBJECT: Major Permit Application Horizon East, LLC Date: September 7, 2018 Consistency Determination: The Carteret County Land Use Plan certified by the CRC on December 20, 2010 Overview: The applicant is proposing to construct six slip docking facility with six boat lifts to serve the existing six lots at Tidal Bluff subdivision (Tidal Bluff Ct.), Pelletier, Carteret County, North Carolina. The subdivision is 5.4 acres, the road and utilities are complete, but no houses have been constructed. The project would occur on a dedicated community access between lots 3 and 5. The high ground is vegetated with grasses and woody vegetation. Coastal. Wetlands (Smooth Coordgrass and Black Needle Rush) and 404 Wetlands are present onsite. AECs onsite include EW, PTA, ES, and CW. Pettiford Creek surface water classifications are SA (Market Shellfishing, Salt Water). The site is a Primary Nursery Area and is closed to the harvest of shellfish. A review of Submerged Aquatic Vegetation (SAV) habitat and archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: the shading of 1,222.5 sf of Shallow bottom, 1,375 sf of Coastal Wetlands, 675 sf of 404 wetlands, and usurp 3,675 sf of Public Trust Area. Construction would result in a temporary increase in turbidity. Bottom disturbance by boats could occur during extreme low tide events as a result of power loading boats into lifts. Marsh substrate would be disturbed during construction and would be restored after completion. G D_EQ� RECEIVE® SEP 7 2018 MP SECTION 11 HD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557. 2528082808 Basis for Determination: The project site is located in the Town of Pelletier and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Conservation (Areas of Environmental Concern and non -coastal wetlands) and Limited Transition (land). Uses allowed in Areas of Environmental Concern and non -coastal wetlands are those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: 2.0 Land Use Compatibility 2.1.1, pg. 71: "Carteret County will allow only land uses in coastal wetlands that require water access, cannot function elsewhere, and are consistent with state and federal regulations. Examples of acceptable uses are utility easements, piers, and docks." 2.4.1, pg. 71: "Carteret County will only allow development in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local polices contained in this plan." North Carolina Department of Environmental Quality I DIVlsion of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Coastal Management ENVIRONMENTAL QUALITY August 30, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Gregg Hartman Local Permitting Officer Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Horizon East LLC Tidal Bluff Court, Pelletier NC 28584 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RE 'Soso gEP I ND G�SY oco M Proposed Project: To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE gi/sl19 ate of orth Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 2528082808 ?a Coastal Management ENVIRONMENTAL QUALITY August 28, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Tim Walton State Property Office Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Horizon East LLC Project Location: Tidal Bluff Court, Pelletier NC 28584 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dtrecmr RECEIVED AL;s- i;LOIS DOA STATE PROPERTY OFFICE Proposed Project: To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 0"' , * This agency has no comment on the proposed project. y This agency approves of the project only if the recommended changes are incorporated. See attached. j This agency objects to the project for reasons described in the attached comments. SIGNED W AM-*LbNkL4A400DATE Q - &0 - (SID 18 RECEIVED State of North Carohna I Environmental Quality I Coastal Management SEP 2 5 N18 Morehead City office 1 400 Commerce Avenue I Morehead City. NC 28W 2528082808 DCM-MHD CITY Received_; 09'/_'0'6'/20'18_: e.c State Historic,Pke8erv;,ition.Offlc*e- ROY COOPER MICHAU IS:,REGAN BRAXTON -t. DAVIS, CoastaimanageMent EMMONMENTALdUALITY'_ ER-181-2246 August 28,200'. Due -- 9/14/19, MEMOkANDU'M: A, O�C 'TO:, Renee Gledhill -'.Early pa�rinie Rwurces NC'De nt 4&lturale -FROM: Qrqgg_Aodn4r lvlaor,-�ennits i3r6ce,isi,n"9'.C'pordi','na'.tor RECEIVED SUMECT: �CAMA,Pefmit'Appli6ailipfi..,,,Rp'vievy, SEP 2.5 2018 40*41itv 11,04011, E.ast.LLC FLIP SECTION MHD Project Location:, T da1,Bliiff-t:,6iirf,,PelidtierNC 28584,* Proposed Project:. Tbxbnstiuct a six slip dockingfificilityu serve,an existing six lot su'lidivision (Tidal:11100. Pleaindicate below your agency's positiori or VidNv' 'ippin ton the * project and retum:this'fbrrq,b.y' on Sep I tithiber,19, 2018. lf,'You,have any quest,ib,nsi-regar4hig the pr6posed.piojePt, pleas6contact:Gftigg_ •Bodnar, Perinit.officer af (252)-808-2808. -.When. appropriate, in-,dppth,comments with!supporting data is requested: questi; gE fty;. This agency has mobjection to the project nproposed, This agency This 4seficy approyes,6tthc., project; only if the rcconinicnded.,'chafiges are" incorporated: BeL attached.. This agency objects to the, pr6j6ctT6r reasofis described iii-the attached-c rnfnents: SIGNED DATE Sra1eofNonhCar6Unu I En;4o 4w�tilQualftylCoastal hiaiiijemeht. Mcmhcad City Office 1140OCtmimeiicAvehur,11 Nimelicad City. NC 28W SEP o 7 US 252 2808 Bodnar, Gregg From: Mairs, Robb L Sent: Monday, October 08, 2018 5:11 PM To: Bodnar, Gregg Subject: RE: Projects Hey Gregg, Horizons East project was issued today and does not require written concurrence (DWR #20181215). Ned Grady minor mod. to State Permit No. 28-13 does require written approval under our GC 4144 since this facility would be in less than -2' at NLW. I believe we may have discussed this one earlier. What was Curt's comments? We'll need to issue it under (DWR 20121139v2). Thanks, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairs(_ncden r. gov https://deg. nc.gov/about/divisions/water-resources/water-resources-oe rm its/wastewater-branch/401-wetlands-buffe r- ermits 127 Cardinal Drive Extension Wilmin ton, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, October 08, 2018 3:40 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Projects Hey Robb, Hope you're back in the office and back to some kind of normal. Wanted to check on a major and minor mod. Horizons East I believe that Liz was GP56 (2018-01898) but have not heard anything official %a Coastal Management ENVIRONMENTAL QUALITY August 28, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Dan Sams DEMLR/ Land Resources Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Horizon East LLC Tidal Bluff Court, Pelletier NC 28584 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director AUG 31 2018 A To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4 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 objec to the project for reasons described in the attached comments. SIGNED DATE 9 / 712018 RECEIVED RECEIVED SEP 0 7 2018 OCT 0 9 2018 State of NorthCaroOna I FmlronmemalQuality ICoastalManagement DCM WILMINGTON, NC Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 DCM-MHD CITY 2528082808 A rya Coastal Management ENVIRONMENTAL QUALITY August 28, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Heidi Cox Div. of Water Infrastructure Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Horizon East LLC Tidal Bluff Court, Pelletier NC 28584 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director AI o;� . G 31 W;,?6, 01 ycite, �t!�fa. r3�0V�L To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has ,no abjection to thf. pr 'ect as roposedoC, cC.S 6t (tLC (uwPre" P" fiZ) CZrSre<1 /z, Rs_/4w- f� q�efJ,4 R��n{Gtel2uCrs b�r�tni �Pvbl.0 .GHacieviG�row✓ r}bioBiderfb✓ xuJcJ2yr���nEL{s. This a enc has no comet nt on the proposed prolec . This agency approves of the project only if the recommended changes are incorporated. See attached. T 's / agency objects to the project for reasons described in the attached comments. SIGNED �. w DATE /6&/—* RECEIVED OCT 0 9 2018 State of North Carolina I ErvAronmental Quality I Coastal Management MHD CITY Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 DCM- 2528082808 Coastal Management ENVIRONMENTAL QUALITY August 28, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: =cr-.�� AUG 3 1 ZUlb Dan Sams / Georgette Scott DEMLR/ Stormwater Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Horizon East LLC Tidal Bluff Court, Pelletier NC 28584 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director To construct a six slip docking facility to serve an existing six lot subdivision (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. Y44- _ / -1 0 4 04 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 (,L� I DATE /0 18/ l RECEIVED State of North Carolina I Environmental Quality l Coastal Managemem OCT 12 2018 Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 DCM-MHD CITY Coastal Management ENVIRONMENTAL QUALITY TO: Doug Huggett FROM: J. Ryan Davenport SUBJECT: Comments and Rec mmendations 0 CAMA Major—Horizions East LLC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Horizions East LLC is applying to construct a 6 slip docking facility in Starkeys Creek. The permit should be conditioned such that deed restrictions shall be placed on Lots 2,3,4 & 5 to prevent future owners of these lots from constructing individual docks. Otherwise, I recommend the permit be issued based on resource agency comments and standard conditions. RECEIVED OCT 1 8 2018 MP SECTION MHD Slate of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Coastal A4qrjqgeMen t ENVIRONMENTAL QUAUTY ,4gust28,20,18 MEMORANDUM: TO: Maria:Dunn FROW. SUBJECT; CAMA Applicant:: Horizon Project Location: Tidal Bluff` Proposed Pr.'6j#t: To co, (Tidal Please indic*'below your September.'18, 29t8, ifyc Bodnar, Permito ' fficpraf,' requested, REPLY: This agency hl This agemy'!I incorporated. . This agency SIGNED Review. 28584 R0Y,'C00,PEk Go Mbr MUCHAEL S,. REGAN, BRAX70N Q;.DAVIS; Dirwor SEP 2.5 2018 MP SECTION MHD alsix,lslip docking facility. to serve an existing six lot subdivision mor-viewpoint prithe proposed projectand1return this form by -regarding 044 ons,rega,rdilig, the Proposed project, contact Gregg When appropriate, in-depth,cOrnment with supporting data is no,objection to the'project as proposed:. nocom comment osedprqject. 1 roves of the project ,only if the recommended changes are attached. to the project for:r,easons.desciib�edin,the,attached,con-pppgis. ling I FnAmmental Quality, I Coastal Wnag-erhcni 1400 Commei6e'Avcnuv I Morehead qfy, NC 28557 252'8082868 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar RECEIVED Division of Coastal Management North Carolina Department of Environmental�Quality S E P 2 � 2018 J 1k FROM: Maria T. Dunn, Coastal Coordinator n(jSECTION �f i i Habitat Conservation Division DATE: September 19, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for Horizon East LLC, Tidal Bluff Court, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located off Norris Landing Road, adjacent Pettiford Creek Bay in Peletier, NC Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended, 16 U.S.C. 661 et seq.). The applicant proposes to construct a six -slip docking facility to serve a yet to be developed six lot subdivision. The facility's access would be 5' wide and cross 135' of Section 404 wetlands and 275' of coastal marsh before it extends 135' into the waterbody. Pier height would be 3' above wetland substrate. The 135' extension into the water body is within range of nearby piers, 83' and 240' in length. A 5' by 67.6' platform would have three 3' by 24' finger piers extending from it to create six slips, each with 13' by 13' lifts. Water depths in the proximity of the slips range from -2' to -2.2' NLW. The application states no submerged aquatic vegetation (SAV) was observed in the project area but did not detail if a survey was conducted. Petiford Creek at this location is classified SA by the Environmental Management Commission, is closed to shellfish harvesting, and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries. The NCWRC has reviewed the available material and is concerned with the establishment of a multi -slip facility in PNA designated waters that has water depths approximating -2' NLW. While it is appreciated that the subdivision is concentrating its water access to one area, our concerns could be lessened by observing the following: Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 The current position of the facility is well within the'/4 width of the water body and established pierhead line. Extending the structure into deeper waters would minimize scour and hull scraping concerns. It is difficult to discern from the available information whether extending the facility further into the creek would provide this opportunit}. Depending on the style of lifts, stops should be incorporated into the system if deeper water depths cannot be obtained. — As proposed, there is one slip per lot. Future impacts to shallow water habitats could be address if the six -slip facility served as the only water access point and the remaining waterfront lots had deed or covenant restrictions. — This area does not appear to have a permit to perform maintenance dredging. Therefore, if the structure is permitted, constructed, and subsequent shoaling occurs, the NCWRC would view any request to dredge as a new dredging activity. Our agency does not support new dredging in PNA designated waters. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dulmAncwildlife org SEP 2 5 2018 [r p SECTION MHD Bodnar, Gregg From: Staples, Shane Sent: Tuesday, September 25, 2018 12:23 PM To: Bodnar, Gregg Subject: Comment extenstions Due to the hurricane and leaving town today I am going to need an extension on the comment period for The Horizon East, LLC permit application and Paxon Holz permit application. I will be back on Monday and have comments in the first half of next week. For the Horizon East, LLC permit I do have concerns over water depths for the docking facility in a PNA and would likely ask to see if the dock could be extending to reach deeper waters. If you want to pass that along this week to the applicant or whoever is the field rep for this project that would be fine as well. Shane Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Shane.staolesC@ncdenr.eov 943 Washington Square Mall Washington, NC 27817 i M C'oa §kdMan4gemerit ENVINO,NMAINTAL OVALT' August 28, 2018 MEMORANDUM: RECEIVED Sit? 0 41010 OW-Flsherlos WARD TO: Shane Staples Div. ofGaasW ment- A4r;ha FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: Horizon East LLC Project Location: Tidal Bluff Court, Pelletier NC 28584 ROY COOPER covahnor MICHAEL S. RE.GAN Secretary BRAXTON C. DAVIS .014 or RECEIVED . OCT 52018 MP SECTION A iHD Proposed Project: To construct a six slip docking facility to serve. an existing six lot subdivision. (Tidal Bluff) Please indicate below your agency's position or viewpoint on the proposed project and return this form by 'September 18, 201% If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 roject for reasons described in the attached comments. SIGNED vi , DATE State of North Carolina I FmlronmeMa}QuakFCoastalMmagement Morehead City Office 1.400 06hurcime Avenue j,MoreheaBOfy.NC 28W 2528082808 ROY COOPER Governor MICHAEL S. REGAN Se"My STEPHEN W. MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, Fisheries Resource Specialist SUBJECT: Horizon East, LLC DATE: 10/5/18 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct a six slip docking facility to service a currently undeveloped 6 lot subdivision. The proposed docking facility would be accessed by a 5' wide pier that would cross 135' of 404-wetlands and 275' of coastal wetlands before extending 135' into Pettiford Creek which is designated a Primary Nursery Area (PNA). At the terminal end of the pier the docking facility would consist of 5' x 67.6' platform with three 3' x 24' finger piers to create six slips each with a 13' x 13' lift. The water depths in the area of the lifts ranges from 2' to 2.2' @NL W and the application states no submerged aquatic vegetation was observed in the area. There are some concerns about the marginal water depths for this docking facility located within a PNA. Those concerns can be reduced by observing the following recommendations to reduce potential negative impacts to fisheries resources. If possible, extend the docking facility into deeper waters which would reduce the potential for bottom scour due to prop -wash at low water. If the facility cannot be extended to reach deeper water, then stops should be conditioned to be placed at 18" above substrate to discourage use during very low water which will again reduce the potential for bottom scouring. In some cases, the construction of a docking facility can cause localized shoaling to occur limiting the use of the facility; as there is no current dredge footprint any future request for dredging would not be supported in this designated PNA. Finally, to reduce potential future impacts this six slip facility should be the only boating access point for the subdivision, whether done through permit condition or deed/covenant restriction. Contact Shane Staples at (252) 948-3950 or shane.staples nederingov with further questions or concerns. RECEIVED OCT b 2018 MP SECTION II HD State of North Caroilna I Division of Marine Fisheries 3441Arendell Street I P.0.B0069I Morehead City, North Caroina 28557 252-726-7021 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, October 02, 2018 12:16 PM To: Bodnar, Gregg Cc: Mairs, Robb L Subject: RE: [External] RE: other projects CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:repo rt.spam@nc.gov> Ok-thanks. Below is the info on the Horizon's East project in Carteret: Corps Action ID: SAW-2018-01898. We are processing as a GP56. Liz -----Original Message ----- From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.gov] Sent: Thursday, September 27, 2018 11:24 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: other projects Thanks for the update. Still waiting on the corrected date on the forms. I made a request again. Once I get them I will pass along. Thanks, Gregg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah. Sent: Thursday, September 27, 2018 11:11 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] RE: other projects CAUTION: External email. Do not click links or open attachment to Report Spam.<mailto:report.spam@i Hey -no problem. %rl Lo ^ 5 liG`�T Zo�3-o1��8 6? 5L2 cc, v�- (4Z I'm ready to go on the Ruegg dock, attached is the last email I have from you on that. I believe that the Warren dock is ready to go as well. email as an Horizons East and Ned Grady I'm not so certain of. I gave Christy a number of actions before I evacuated for the hurricane, but can't tell you exactly which ones. I'll check with her today and get back to you. 22 Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 19.2018 Action ID No. SAW-2018-01898, General Permit No. 197800056 Horizons East, LLC. Ms. Jennifer Ward 104 Garnet Lane Jacksonville, North Carolina 28540 Dear Ms, Ward: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a pier and six (6) boatlifts located in Tidal Bluffs Subdivision, in the town of Peletier, Carteret County, North Carolina. Coordinates are: 34.7164 N,-77.0866 W. On January 1, 2017, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions. The expiration date of your DA permit is December 31, 2021. 1. All work authorized by this permit must be performed in strict compliance with the submitted plans received on September 05, 2018, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. -2- Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: GP 56 conditions Plans Electronic Copy Furnished (with enclosures): Bell & Phillips Surveying, PLLC.: Mr. Alan Bell Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Mr. Gregg Bodnar NCDEQ/DCM; Mr. Ryan Davenport NCDEQ/DWR; Mr. Robb Mairs United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. ' 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. 3 APPLICATION for Major Development Permit (last revised 12 27 06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Horizons East, Llc Tidal Bluffs Applicant 1: First Name MI Last Name Jennifer M. Ward Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 104 Garnet Lane Jacksonville N.C. ZIP Country Phone No. FAX No. 28540 USA 910-459-9129 ext. 910 - 346 -1895 Street Address (rf different from above) city State ZIP Same as Above Email Jennifer@horizonseastbuildingco.com 2. Agent/Contractor Information Business Name Bell & Phillips Surveying, Pllc Agent/ Contractor 1: First Name MI Last Name Cyrus A. Bell Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 604E Cedar Point Blvd. Cedar Point N.C. ZIP Phone No. t Phone No. 2 28584 252 - 393 - 6101 ext. ext. FAX No. Contrector # 252 393 3522 Street Address (if different from above) City State ZIP Same Email alanbell@eastnc.twcbc.com RECEIVED <Form continues on back> MAY 14 2018 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: wiww. nccoasta lmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret Tidal Bluffs Ct. Subdivision Name City State Zip Tidal Bluffs Peletier N.C. 28584 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 469 - 9129 ext. #1, #2, #3, #4, #5 & #6 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Pettiford Creek Bay 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 White Oak River 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. Peletier 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 375' 235,224 Sq. Ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or See attached, NWL (normal waterlevel) (if many lot sizes, please attach additional page with a list) 10, ®NHW or ❑NWL e. Vegetation on tract Sparce trees & grass on uplands, Typical wetland and coastal wetland species in wetlands f. Man-made features and uses now on tract Tidal Bluffs Ct. is a paved street. Lots are vacant. g. Identify and describe the existing land uses adiacent to the proposed project site. Single family residence to the north and south, vacant land to the east h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST .. www. n ccoasta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes SNo (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. Common Conventional single family residential septic system, not installed o. Describe existing drinking water supply source. West Carteret Water Corp. p. Describe existing storm water management or treatment systems. Natural run-off, Low density stormwater permit 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The pier and boat lifts are intended for private use by the future residents of Lots 1-6, Tidal Bluffs. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The pilings will be vibrated in. A barge will be used for accessibility and portable generator for electric supply. d. List all development activities you propose. Construction of 579' of pier and Installation of six boat lifts. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 4,000 ®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. There are no proposed and no existing discharges to waters of the state I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> MAY 14 2U18 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalrrranagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information Inaddition to this completed application form, (MP-1) the following .items below, if applicable, must be submitted in order for the application package to be complete.. Items,(a) — (Dare always applicable to any major,development, application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Billy M. Norris - - Phone No; 910-389-1684 '. Address 377 Norris Landing Rd., _Pelletier, N.C. 28584 � Name Billy R. Parker, Jr. Phone No. Address 383 Norris Landing Rd., Peletier, N.C., 28584 j ,Name-Phone'No. Address _ g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Stormwater Permit No. SW8 170604 S. & E. Project ID: CARTE-2017-026 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. 7. Certification and Permission to Enter on Land 1 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 April 26, 2018 Print Name Jen fifer Morton Ward Signature Please indicate application attachments pertaining to yo propose project. ❑DCM MP-2 Excavation and Fill Information ❑ CM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 7. UVGKING FAGILII Y/MARINA GHARAGIERIS "US a. (1) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (III) Length 579' IN) Width 5' (v) Floating []Yes ENo e. (i) Are Platforms included? []Yes ENo If yes: (ii) Number (III) Length (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed 0 (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel EOpen water; no dredging required [-]Other; please describe: k. Typical boat length: Max. 26' m. (i) Will the facility have tie pilings? []Yes ENo (ii) If yes number of tie pilings? El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ENo d. (!)Are Finger Piers included? ®Yes ENo If yes: (ii) Number 3 (III) Length 24' (iv) Width 3' (v) Floating ❑Yes ENo f. (1) Are Boatlifts included? EYes []No If yes: (ii) Number 6 (III) Length 13' (iv) Width 13' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips) only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: E Other, please describe: Private Boat Lifts 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 to the general public? ❑Yes ENo RECEIVED 2. DOCKING FACILITY/MARINA OPERATIONS EThis section not applicable I DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalman_aglement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED []Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? MAY 14 2018 ❑Yes []No DCM-MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.nc_coastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 5) o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, 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 ®This section not applicable a. Is the structure(s): [_]Commercial ❑Public/Government ❑Private/Community c. 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.) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 83+' 520+' Note: For buoy or mooring piling, use arc of swing including length ofvessel. MAY 14 Z018 ®CM-AAHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) c. Width of water body 690+' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 2.2'-2.4' 8. OTHER ❑This section not applicable a. Give complete description: See Narrative 04/24/18 Date Tidal Bluffs Project Name RECEIVED MAY 14 2018 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nc_coastalmanaaement.ne_t revised: 12/27106 ROY COOPER NORTH CAROLINA Governor £nvlronmenlal Quallry MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 15, 2018 Bell & Phillips Surveying, PLLC. Cyrus Alan Bell 604E Cedar Point Blvd. Cedar Point, NC 28584 Dear Mr. Bell, This letter is in reference to the application submitted for Horizons East LLC,, for a Coastal Area Management Act Major Permit to undertake development activities to construct a six slip docking facility to serve the Tidal Bluffs S/D, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make December 30, 2018 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Morehead City Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator D_ Q� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 DIVISION.OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Horizon East LLC. (Tidal Bluffs) 2. LOCATION OF PROJECT SITE: Tidal Bluff Ct., Pelletier Latitude:34°42'59.34"N Longitude:77°05'11.91"W kl IZ\/ DIN11111 I [$)Za IV"-0WQUU Gl 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/12/18 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 5/14/18 Application Complete- 8/2/18 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Limited Transition (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: (yes) (D) Intended Use: Residential (E) Wastewater Treatment: Existing —N/A Planned — NA (F) Type of Structures: Existing —N/A Planned — Dock (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED SHADED USURPED (A)Open Water N/A 1,222.5ft2 3,675ft2 (B) Coastal Wetlands (C) Section 404 1375ft2 675ft2 (D) Total Area Disturbed: 5,725ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA (G) Shellfish Classification: Closed 8. PROJECT SUMMARY: Horizions East, LLC. is proposing to construct a six slip docking . facility to serve an existing six lot subdivision (Tidal Bluff). Field Investigation Report: Horizions East, LLC. Page 02 9. NARRATIVE DESCRIPTION: The Horizons East, LLC. project is located at Tidal Bluff Ct. which is a cul-de-sac in Tidal Bluff subdivision in Pelletier. Tidal Bluff subdivision is located by turning West off of Hwy. 58 onto Pelletier Loop Rd. Travel .lmi down Pelletier Loop Rd. before turning South on Norris Landing Rd. Norris Landing Rd. is a gravel road and Tidal Bluff is located near the end and is contiguous with Pettiford Creek Bay. Tidal Bluff is a six lot(5.4ac) subdivision. Roads and utilities are complete within the subdivision. No houses have been constructed at this time. This project would occur on a dedicated community access between lots 3 and 5. The high ground is vegetated with grasses and woody vegetation. An area of Coastal Wetlands and high ground hammocks exist between the high ground and Pettiford Creek Bay within the project area. Coastal Wetland plants consist of Smooth Cordgrass and Black Needle Rush. The bottom of Pettiford Creek Bay in this area is sand and silt. Water depths in the area are -1' to -3' at NLW. No SAV was observed in the area. Adjacent properties are large track residential. The shoreline is irregular and is 560' in length. The Division of Water Resources classifies this area of Pettiford Creek as SA waters. This is a Primary Nursery Area. This portion of Pettiford Bay is closed to harvesting shellfish. The parcel is classified in the Carteret Co. LUP as Limited Transition. The subdivision Stormwater Permit No. is SW8 170604 and the S & E Project ID is CARTE-2017-026. 10. PROJECT DESCRIPTION: The proposed community dock in Tidal Bluff subdivision would be 5' wide and would leave high ground before crossing 135' of Sec. 404 Jurisdictional Wetlands and 275' of regular and irregularly flooded Coastal Wetlands. A 3' clearance would be maintained between the dock and wetland substrate in this area. The dock would continue for 135' into the waterbody before connecting to a 5'X67.6'(338ft2) platform. Three 3'X24' finger piers would extend from the platform creating a total of 6 slips. A 13'X13' boatlift would be placed in each slip. This docking facility would extend a total of 160' from the waterward edge of marsh into the 1000' wide waterbody with a non -linear shoreline. The dock as proposed would not extend further than similar docks already existing along the shoreline. Adjacent properties are 83' and 240' from the dock respectively. Water depths in the area of the slips range from -2'to - 2.2' at NLW as surveyed by Bell & Phillips Surveying. 11. ANTICIPATED IMPACTS: The proposed docking facility would shade 1,222.5ft2 of Shallow bottom, 1375ftz of Coastal Wetland, 675ft2of Federal wetlands and usurp 3,675ftz of Public Trust Area. A temporary increase in turbidity would occur during construction. Bottom disturbance by boats could occur during extreme low tide events as a result of power loading boats onto lifts. Marsh substrate would be disturbed during construction and would be restored after completion. Conclusion: no substantive changes to impacts on upland or aquatic resources would result from proposed pier access and docking facility. Name: Ryan Davenport Date: 8/16/18 Morehead City Professionaf Land Surveyors, 604E Cedar Point Bfvd. Cedar Point, NC 28584 (252) 393-6101 Fax: (252) 393-3522 April 24, 2018 Ryan Davenport Division of Coastal Management 400 Commerce Ave. Morehead City, N.C. 28557 Dear Mr. Davenport: I am applying for a CAMA Major permit on behalf of Jennifer M. Ward, Horizons East, LLC to construct a pier and six (6) boatlifts, located in Tidal Bluffs Subdivision, Town of Peletier, in Carteret County, North Carolina. Please find enclosed the following: DCM MP-1, Application for Major Development Permit DCM MP-4, Structures Check in the amount of $400 Copy of the subject property deed Copy of the recorded subdivision plat Drawing consisting of one (1) sheet, vicinity map, existing upland conditions, proposed construction, plan view and cross-section view, and profile section of proposed construction Owner Authorization form. The boatlifts are for the private use of the eventual owners of the six lots in Tidal Bluffs. The property owner to the south and east is Billy M. Norris and the property owner to the north is Billy R. Parker, Jr. If you should have any questions on this project, please call me at 252-393-6101 or e-mail me at alanbellCa eastnc.twcbc.com. RECEIVEDVED DCM-M?�H� 2018 DCM-MHO C�I'VITY Attachment: 4. Site Description C. Lot 1 = 20,624 Sq. Ft. Lot 2 = 31,423 Sq. Ft. Lot 3 = 43,470 Sq. Ft. Lot 4 = 32,097 Sq. Ft. Lot 5 = 30,171 Sq. Ft. Lot 6 = 20,174 Sq. Ft. RECEIVED MAY 14 2018 DCM-MHD CITY PLLC Professional Land Surveyors , 604E Cedar Point Blvd. Cedar Point, NC 28584 (252) 393-6101 Fax: (252) 393-3522 April 24, 2018 Ryan Davenport Division of Coastal Management 400 Commerce Ave. Morehead City, N.C. 28557 Dear Mr. Davenport: I am applying for a CAMA Major permit on behalf of Jennifer M. Ward, Horizons East, LLC to construct a pier and six (6) boatlifts, located in Tidal Bluffs Subdivision, Town of Peletier, in Carteret County, North Carolina. Please find enclosed the following: DCM MP-1, Application for Major Development Permit DCM MP-4, Structures Check in the amount of $400 Copy of the subject property deed Copy of the recorded subdivision plat Drawing consisting of one (1) sheet, vicinity map, existing upland conditions, proposed construction, plan view and cross-section view, and profile section of proposed construction Owner Authorization form. The boatlifts are for the private use of the eventual owners of the six lots in Tidal Bluffs. The property owner to the south and east is Billy M. Norris and the property owner to the north is Billy R. Parker, Jr. If you should have any questions on this project, please call me at 252-393-6101 or e-mail me at alanbell @eastnc.twcbc.com. I, Jennifer Morton Ward, do hereby authorize Cyrus Alan Bell, Professional Land Surveyor to represent me in the preparation of a Major CAMA permit application for my property known as Tidal Bluffs, located off Norris Landing Road, Peletier, N.C. Morton Ward Date: RECEIVED MAY 14 2018 DCM-MHD CITY April 24, 2018 Billy R. Parker, Jr. 383 Norris Landing Road Peletier, N.C. 28584 Dear Mr. Parker: I am applying for a CAMA Major permit on behalf of Jennifer M. Ward, Horizons East, LLC to construct a pier and six (6) boatlifts, located in Tidal Bluffs Subdivision, Town of Peletier, in Carteret County, North Carolina. Please find enclosed the following: DCM MP-1, Application for Major Development Permit DCM MP-4, Structures Copy of the subject property deed Copy of the recorded subdivision plat Drawing consisting of one (1) sheet, vicinity map, existing upland conditions, proposed construction, plan view and cross-section view, and profile section of proposed construction The boatlifts are for the private use of the eventual owners of the six lots in Tidal Bluffs. The property owner to the south and east is Billy M. Norris and the property owner to the north is Billy R. Parker, Jr. If you should have any questions on this project, please call me at 252-393-6101 or e-mail me at alanbell@eastnc.twcbc.com. Sincerely, Cyrus Alan Bell, P.L.S. RECEIVED MAY 14 2018 DCM-Mm) CITY April 24, 2018 Ryan Davenport Division of Coastal Management 400 Commerce Ave. Morehead City, N.C. 28557 Dear Mr. Davenport: I am applying for a CAMA Major permit on behalf of Jennifer M. Ward, Horizons East, LLC to construct a pier and six (6) boatlifts, located in Tidal Bluffs Subdivision, Town of Peletier, in Carteret County, North Carolina. Please find enclosed the following: DCM MP-1, Application for Major Development Permit DCM MP-4, Structures Check in the amount of $400 Copy of the subject property deed Copy of the recorded subdivision plat Drawing consisting of one (1) sheet, vicinity map, existing upland conditions, proposed construction, plan view and cross-section view, and profile section of proposed construction Owner Authorization form. The boatlifts are for the private use of the eventual owners of the six lots in Tidal Bluffs. The property owner to the south and east is Billy M. Norris and the property owner to the north is Billy R. Parker, Jr. If you should have any questions on this project, please call me at 252-393-6101 or e-mail me at alanbell@eastnc.twcbc.com. Sincerely, Cyrus Alan Bell, P.L.S. RECEIVED yv 14 20t8 OCM-MHD CITY I, Jennifer Morton Ward, do hereby authorize Cyrus Alan Bell, Professional Land Surveyor to represent me in the preparation of a Major CAMA permit application for my property known as Tidal Bluffs, located off Norris Landing Road, Peletier, N.C. ird Dat RECEIVED MAY 14 2018 DCM-MHO CITY or f�11 NORTH CAROLINA. CARTERET COUNTY --- This Instmment and this certificate am duly filed at the dale and fine and In the Book and Page shown FOR REUSMAr . q O,61ER W @!n> X.I. S. r�.,d..t, on the first papa hereof. c..t...t c M'. W August 31, M7 09:29:58 AN .jMme. y, qaa a a of nedda Nell' DEED 2 P FEE: y...wwr. q.aaawq..a. NC REVENUENUE S STAFF: $100.00 FILE N 1586036 WARRANTYDEED Excise Tax: $700.00 Tax ParcelID No. 537502571334000 Verified by County on the _day of ,20_By: /MailBox to: Horizons East, LLC, 104 Garmet Lane, Jacksonville, NC 28546 ,/ This instrument was prepared by: TISDALE, MCCONNELL & BARDILL, LLP, ATTORNEYS AT LAW Brief description for the Index: Tract Two (E), Map Book 32, page 446 THIS DEED, made this the 301h day of August, 2017, by and between GRANTOR: BILLY McCLAIN NORRIS AND WIFE, EVELYN D. NORRIS whose mailing address is 377 Norris Lending Road, Swansboro, NC 28584 (herein referred to collectively as Grantor) HORIZONS EAST, LLC, A NORTH CAROLINNA LI Wr= LMBH.TPY COMPANY whose mailing address is 104 Garnet Lane, Jacksonville, NC 28546 (herein referred to collectively as Grantee) W ITNESSETIt For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Grandee in fee simple, subject to the Exceptions and Reservations hereinafter provided, if any, the following described property located in White Oak Township, Carteret County, State ofNorth Carolina, morepmticulacly described as follows: Being all ofTractTwo (E) as shown on that plat entitled "A Recombination Survey for Ruby King Norris & Heirs, Swansboro, White Oak Township, Carteret County, North Carolina" prepared by Arthur R. Dennis, Professional Land Surveyor L-1079,.dsted October 7, 2009 and recorded January 16, 2014 in Map Book 32, page 446, Carteret County Registry, incorporated herein by reference as if fully herein set forth. The property heminabove described wen acquired by Grantor by instrumentrecorded in Book 1470, page 446, Carteret County Registry. BOOK 15 a PAGES( Revised December 17, 2009 RECEIVED MAY 31 Z018 DCM-MHD CITY It i TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee simple, subject to the Exceptions and Reservations hereinafter and hereinabove provided, if any. And Grantor hereby warrants that Grantor is seized of the premises in fee and has the right to convey same in fee simple, that title is marketable and free and clear of encumbrances other than is set forth herein, and that Greater will forever warranty and defend the title against the lawful claims of all persons or entities whomsoever. This conveyors is made subject to the following Exceptions and Reservations: Subject to 2017 Carteret County taxes which Grantee assumes and agrees to pay by the acceptance and recordation of this deed. All references to Grantor and Grantee as used herein shall include the parties as well as their hews, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Billy N=Iabi Norris TNarral State of North Carolina County of Onslow t,a'a"°(Nd1QgW_O I, a Notary Public of the County and State aforesaid, certify that BILLY McCLAIN /0 NORRIS AND WIFE, EVELYN D. NORRIS, personally appeared before me this day d and acknowledged the execution of the foregoing instrument , f gg107AVV Witness my hand and official stamp or sW this 30th day of AugW4 2017. I S1 a Pt iWf.B My Commission Expires: Sept7,2021 Revised December 17, 2009 BOOK IS8(o PAGE A RECEIVED MAY 31 2018 DCM-MHD CITY ' ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY Director Horizion East LLC. 8/27/18 c/o Alan Bell 604 E. Cedar Point Blvd. Cedar Point, NC 28584 F/[� Dear Mr. Bell: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at Tidal Bluff Subdivision. The complete package was received on 8/2/18. The projected deadline for making a decision is 10/16/18. 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 8/2/18, 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 I I3A-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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Silosure ly, J. tavlpo—rt�� CManagement Representative E cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator State of North Carolina I Favirunmrntal Quality I Coastal Management 400 Commerce Aw I Morehead City, NC 28557 252 808 2808 LAMA PERMIT connMENrs ACCEPTED THROUGH AP LICANT: (loft-LIOAJG 1 FOR MORE DETAILS CONTACT THE LOCAL PEaMIT OFFICER BELOW: N, Coastal Management ENVIRONMENTAL QUALITY Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: Please publish the attached Notice in the 9/1/18 issue of the Carteret News Times. ROY COOPER Govemor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Dimcror The State Office of Budget and Management require 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 Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of NoNh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 � t r °\ NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS I I3A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 8/2/18. According to the application, Hori7ji6ns East LLC applied to construct a six slip docking facility at Tidal Bluff Ct. in Pelletier. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 9/21/18, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 9/1/18 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Horizon East LLC Distribution Date: 8/28/2018 AGENCY WIRO WARD LPO Rachel Love Adrick MHC t/ Rachel Love Adrick washingon DCM Planner Mike Christenbury Wilmington Chadian Owens Eliz City US COE: Liz Hair i/ Raleigh Bland (Beaufort Camden, (Carteret Onslow, Pender) Chowan, Craven, Hertford, Hyde, Tyler Crumbley (Temporarily away Perquimans, Tyrrell) everything goes to Liz) Josh Peletier — (Bertie, Currituck, Dare, US COE (NC DOT) (Brunswick, New Hanover) Gates, Pamlico, Posquotank, Washington) DOT Brad Shaver DOT - Tom Steffan — (Beaufort, Carteret, (Brunswick, New Hanover, Onslow, Craven, Pamlico Pender) Mark Zeigler (Onslow, Pender, New Cpmmunity Assistance Hanover, Brunswick) V Lee Padrick (Beaufort, Carteret, Craven, Lee Padrick (Beaufort Carteret V Eliz City, Pamlico, Washington) Craven Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley ✓✓ Renee Gledhill -Earley Underwater Archaeology Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Div. of Water Infrastructure Heidi Cox V V Clif Whitfield (No loner public Water Su Curt Weychert WIRO Marine Fisheries Shane Staples MHC �'� Shane Staples WARO/ECRO NC DOT David Harris David Harris Shannon Jenkins Shellfish Sanitation Shannon Jenkins V V State Property Tim Walton V Tim Walton DEMLR/DWR: Karen Higgins k/ q/ Karen Higgins (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMUR Sediment & Erosion- Dan Sams ✓� Richard Peed Storm water - Dan Sams (per Georgette Scott) Roger Thorpe DWR 401- Robb Mairs (Carteret, New HanoverV Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) - Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) j/ Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson H:\Major Permit\Templates\Maj Comment Distribution Sheet.docx Revised : 6/29/2018 Major Permit Fee Schedule Circle One DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if AA C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be. applied: $250 100% ($250) 0% ($0) 111(6). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) dl(C), If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more Than one acre of wetlands and/or open water areas:1 $475 60% ($285) 40% ($190) '*'This is a word processing form to be completed in Microsoft Word' NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Hod2fan East LLC 1/3 Project Site County. L Staff.- JRD District Elizabeth City ®Morehead City Washington []Wilmington Project Name: Tidal Bluff Rover File: WA Date of initial application submittal (EX1/&2007): 5114118 Date application "received as complete"in the Field office (0(.* 1/8/2007): &V18 Permit Authorization: OCAMA ❑Dredge & Fill []Both SITE DESCRIPTIONIPERMIT INFORMATION PNA: ®Yes No Photos Taken: YesM NoCl Setback Required (riparian): SYes Ll No Critical Habitat El Yes ®No ❑Not Sure 15 foot waiver obtained: 0 Yes MN6 Hazard Notification Returned: ❑Yes ®No sAv.-Clyes SNo ❑Not Sure Shell Bottom: ❑Yes ®No EINot Temporary Impacts: NYes No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:®Yes [I No ❑Yes ®No Moratorium Conditions. ❑ Yes ❑No Environmental Assessment Done: ®NA ❑Yes ®No ®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) U Nutrient Sensitive Waters (NSW) I LJ Swamp Waters (SW) High Quality Waters (HQM El 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) 0 (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemifiors) cynosuroides) (DS) Salt or spike grass (Disfichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) Sp.) (JR) Black needlerush (Juncus 0 (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 111(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 02115/10 NC Division of Coastal M-qt. Application Computer Sheet, Page 2 of 4) ❑ Permit Transfer - $100 ❑ III(8) Public or commercial w/D&F to 1 acre; 3490 can be applied - $400 ❑ Express Permit- $2000 ❑ Major development extension request - ® 11. Public or commercial/no dredge $100 and/or rill - $400 ❑ I. Private no dredge and/or till - $250 El III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 revised 02115110 NC Division of Coastal Mgt. Application Computer Street, Page 3 of al Applicant Horizion East LLC Date: 8/27/18 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. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Dock 1 New work 579 5 platform 1 New work 67.6 5 Finger Pier 3 New work 3 24 Boatlift 6 New work 13 13 New work New work New Work New Work El Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Ll Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 41 Applicant: Honzions East LLC Date: 827/18 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disturbance total includes any anticipated restoration or ternimpacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water shaded 1222.5ft' 1222.5ft2 Coastal Wetlands Shaded 137512 1375ft" 404 Shaded 675f12 675fl" Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ 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 ❑ 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanaaement.net revised: 02115/10 a CD ito m.......__-IAL U, U5t Ln CMHIe0.MeiIFee .SJ U584 rn $2.75 05 eeey.vexwe. ❑ RNurR RecelRt(ow" y) S � fMWnecel ❑Ppt (elecpttAc) �VU.VU ❑CMXba Mail Reahkyetl oN.ry $ Poetrned Hen O OMultSignaure Re ul�� s to-00 Q 0Mu11 Signature ReslrlctM rDomR' Postage f1.84 —, `n 06/13/2018 .o o r� S'veerandijjjr,]jk M Certified Mail service provides the following benefits: • A receipt Mn portlon at the CertNled Mall label). for an electronic realm receipt, see a retail • A unique Identifier for your mailpiece. associate for assistance. To receive a duplicate •Electronic verification of delivery or attempted return receipt for no aliditlpnal fee, present this delivery. USPSdD-postmarked Cerlilled Mail receipt to the • Aof delivery (Including the recipient's retail associate. a signature) e( that Is d by the Postal Service" delivery service, which provides - delivery for a spectlie0 perlotl. nce. delivery to the or specified name, or t authorized to the addressee'sers authorized agent.. You mayturchandCFa: Adult - service, which • • you may purchase Mall service with sigmre to be at least 21 years o/age (not signsitoto at of age -Ced First -Class Mail', Frsl-Class Package Service•, First available at retaiq. or Priority Mail• service. . Mufi signature restricted tlelivery service, which • Cerofled Mail service Is notavallable for requires the sign¢ to be at least 21 years of age IMemational mall. and provides delivery to the adgressee specified • Insurance coverage Is not available for purchase by name, or to the addresses's authorized agent with Certfied Mail service. However, the purchase (net available at retail). of Gratified Mall service does nM change the • To ensure that your Certified Mail receipt is Insurance coverage automatically Included with accepted as legal proof of mailing, it should bear a certain Priority Mall items. USPS postmark. 11 you would like a postmark an • Foran additional fee, it wish a proper this Certified Mall receipt, please present your endorsement on the Tailpiece, you may request Cenifled Mail Item at a Post Office" for the following services: posbnarking. If you don't need a postmark on this - Return receipt service, which provides a record Certified Mail receipt, detach the barcoded potion of delivery (including the recipient's signature). of this label, affix it to the mallplece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, complete PS Form 3811, OomasticRehan Receipt: attach PS Form 3811 to your mailplece; IMPORTANT: Save this receipt for your records, Psw- 3880, April MIS (Re.) PSN]5aa-a2-0 9aal` Cc Ir m u7 Ln m O .A Ll m .o Iq 0 M1 ❑RNur]RecdOt lnva�Ryq ..� ❑..,. RFI fdectrvnla� ❑fMnlleJ MCII ReStnpetl CNhsy ❑ad�n sle�amre Regwretl $1.84 m uoff 15 0584 05 Poet ark Here 06/13/2018 Certified Mail service provides the following benefits: • A receipt (this portion of the Certified Mail label). for an electronic return receipt, see a retail • A unique identifier for your maileece. associate for assistancerTo receive a duplicate • Elections verification of delivery or attempted return receipt for no additional be, prgsent this delivery. USPSO-pommarkao Cenified Mail receipt to Me • A record of delivery (Including Me recipient's retail associate. signature) that Is retained by the Postal Service' - Hearlcted delivery service, which provides for a specified period. delivery to the addressee specified by name, or to the addresseesauthodzed agent. Important Rem/nders: - Adult signature service, which requires the • You may purchase Celtifled Mall selvse with stones to be at least 21 years of age (not First -Class Mail•, First -Class package Service•, available at retail). or Priority Mail® service. - Adult signature restricted delivery service, which • Cued Mail seMce is notavailable for requires the sign¢ to be at least2l years of age international mail. and provides delivery th the addressee specified • Insurance coverage is mtavaiiabie for purchase byname, or to the addressee's alnheiized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mail service does not change the • To ensure that your Cenified Mall receipt Is insurance coverage automatically Included with accepted an legal proof of mailing, h should bear a certain Priority Mail hems. USPS pastmark. H you would like a postmark on • For an additional fee, and with a planar this Certified Mail receipt, please present your endorsement on the mallpiea, you may request Certified Mall Item at a Post Office" for the following services: postmarMng. If you don't need a postmark on this - Nehum receipt service, which prevldes a record Certified Mall receipt, detach the truncated pordan of delivery (Including the recipient's signature). of this label, affix it to the magpiace, apply You an refusal a harriapy realm receipt or an appropriate postage, anti depo dt the mailpiece. electronic version. Pon a hardcopy return receipt, complete PS tam 3811, Domestic Rafters Receipt attach PS Form 3811 to your mailpiece; IMPORTANT: Saxe Mis receipt for your records. PS FPm, 3800, Ana mite (He.j PSN 7590-02oW9W ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 3, I-Iy m rjorris 3-7-7 n(orns ►`ar%61nj Rd �'IefetleR, NC 2858q II�IIII IIII IIIIII II 1 IIIII IIIIIIIIIII IIII III 9590 9402 4066 8079 8928 63 2. Article Numbef —16 3560 P8 Form 3811, 0000 3553 8798 July 2015 PSN 7530-02-000-9053 If YES, JUN 2 0 2018 ❑ Agent ❑ Addressee C. Date of Delivery ❑ No 3. Servicerlipe rbrRy Moil Express® ❑ Adult Signature ReglsteRd Mail- 0 Adult Signature Restricted De a isfered Mail Restricted ❑Certified Mal® (�� ery [3Certified Mail ResMctedeturn Receipt for ❑ Colect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery D Signature Confirmationm ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt 3 USPSTPACMG# 1 First-class Mail 9590 9402 4066 8079 8928 63 United States Postal Service • Sender: Please print your name, address, and ZIP+4e in this box - Phi I I IPS Survejin� t Cea�mf -ibin} VLI CeCIQf-I Oinf , NC 2-858 q