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HomeMy WebLinkAbout24-18 Lewis, JefferyPermit Number 24-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Jeffery H. Lewis, 24 Euclid Ave., Westwood NJ 07675 ing development in Dare - County at adj. to Pamlico Sound, at 39020 Windy as requested in the permittee's application dated_2/7/18, including attached 2 dated 12/5/17. mit, issued on April 17, 2018 , is subject to compliance with the application (where ht with the permit), all applicable regulations, special conditions and notes set forth below. Any violation terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Breakwater The alignment of the authorized breakwater shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start = of construction. The breakwater alignments authorized under this permit shall approximate the -I ft. contour at normal high-water level at the time of construction. 3) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The breakwater sections may be staggered and overlap as long as the proposed 10-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. (See attached sheet for Additional Conditions) action may be appealed by the permittee or other ins within twenty (20) days of the issuing date. xmit must be accessible on -site to Department when the project is inspected for compliance. e work or project modification not covered further Division approval. ork must cease when the permit expires on December 31, 2021 wing this permit, the State of North Carolina agrees that roject is consistent with the North Carolina Coastal mentProgram. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. / BrEdt n C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ewis ADDITIONAL CONDITIONS Permit No. 24-18 Page 2 of 3 The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. Each breakwater section shall be marked at each end with yellow reflectors extending at least three feet above normal high water. No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. Offshore breakwater sections shall be setback 15 feet from the adjoining property lines and the riparian access dividing line. In accordance with commitments made by the permittee, the Estuarine Waters located between the breakwater sections and the existing Coastal Wetlands shall be planted with native Coastal Wetland •, species, all expressly and specifically detailed in the attached narrative and workplan drawings. This ,;Coastal Wetland planting area should be replanted as necessary and as conditions allow. Pier and Water Access This permit authorizes only the pier, platform and 2 stairs, 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 structure without permit "modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Any portion of the permitted access pier built over Coastal Wetlands or the restoration area shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. "The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. ,Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This permit does not authorize any formalized boat slips. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. The permittee shall maintain the authorized work in good condition and in conformance with the terms ;and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Lewis ADDITIONAL CONDITIONS General Permit No. 24-18 Page 3 of 3 Any mitigative measures or environmental commitments specifically made by the applicant for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. °The permittee and/or his or her contractor shall meet with a representative of the Division prior to .;project initiation. 'E: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-00161). The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 18-0024. E: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permttee 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 $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water .Resources. i DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New _X_ Major Mod Permit# Permit Coordinator: Field Representative: V'141w• 3 Date Time Minor Mod Renewal Transfer Message I/S/I$ i'cw►ctc� It+y �4p`r �'vilrer++ipo{t«{!'oi7bri4z�.� 4msrr�/CtaraewS. I,,,(Wff 44e % G�l�carf eborddwle, (� C44 10fxoado fO14Pf. /�/C/ 'Izzl(a R,N'wA uovwk�.144 �o \ eA_ it �( 1AP 56� 3�o�'d 6y 'bA i Lt4. e.,4 d krww E'ac(,-, fo na h'11' F QSk N irspK� ,? t rip qf a /^1I srs� V�1.k-iL,, t1�I `IV(�D /'Tl( Cth�:IM�O tiG`'C' _(IN�OpI� Ua „�i`N. �NiOGTCC �lK.� L4dWS `'D KO�� a5�- olaroa�- uP f�UtIMl�S. �i z�7(18 UPdaicri tifiL4wvwi 01NAil6�IC . 'li0 Wait Sir ttptortiul{io✓I i5 3111(8. 4(44 a6iW m �4v— 'RAr _'I 17[o vaba( VIC & LK a6ow} J.1►es�ri tiiw� °" rUHaa I. thq 5k / R" &00 191� ��i�lb DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Jeffrey Lewis County: Dare LOCATION OF PROJECT: 39020 Windy Lane, Spencer's Cove Subdivision, Avon DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 12/07/17 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Lynn Mathis STRICT OFFICE: Elizabeth Citv DISTRICT MANAGER REVIEW: j_ Date: /-2 B) DATE RECEIVED BY MAJOR PERMITS UNIT: 1247.1 FEE REC'D: $ 400 (60/40 %) PUBLIC NOTICE REC'D: Advertise: 12/24/17 END OF NOTICE DATE: Comments due: 1/13/18 ADJ. RIP. PROP NOTICES RECD:1 DEED RECD: 4" APPLICATION ASSIGNED TO: e_ ON: —ly2i A, C) 75 DAY DEADLINE: 2/20/18 150 DAY DEADLINE: %/We MAIL OUT DATE: Circulation: 12/19/17 FEDERAL DUE DATE: STATE DUE DATE: Comments due: 1/9/18 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional Representative a/W/t K Coastal Management - LUP Consistency I tt 3he X Division of Community Assistance I ZZhe X Land Quality Section--DEMLR DWR/DWQ—AquifqLBrftction 4'ot 919 Ic �G DWR/DWQ - Storm Water i 21 DWR —Public Water Supply '1311,5 k State Property Office t'y ($ K Division of Archives & History —Cultural Res. tl 104 Division of Env. Health —Shellfish Sanitation (pj Division of Highways --DOT /$ t e k Wildlife Resources Commission I3I� 2j rm ovtr KOASQ Local Permit Office/Planning Dept. DMF—DCM Fisheries Resource Specialist t l8l $ yw A& Corps of Engineers Z (p ?C ZO(Qj�ON7( .F DCM- MHD CITY Coastal Management ENVIRONMENTAL OUALITY April 17, 2018 Mr. Robert L. Dean 5611 Red Osier Ct. Charlotte, NC 28720 Dear Mr. Dean: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 441 This letter is in response to your correspondence, which was received amended, by the Division of Coastal Management on 1/10/18, regarding your concerns about the original proposed development by Jeffery H. Lewis, at 39020 Windy Lane, adjacent to the Pamlico Sound, in Avon, Dare County. The proposed project was revised and consisted of two breakwaters and coastal wetland plantings, which was provided to you via certified mail. The proposed revised project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. Though the Division of Coastal Management did not receive a second objection to the revised project, your original objection is still on file. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg. Bodnar@ncdenr.gov. CC: Elizabeth City Sincerely, Gregg Bodnar Assistant Major Permits Coordinator Stare of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 Bodnar, Gregg From: Mathis, Lynn Sent: Monday, January 29, 2018 8:53 AM To: Bodnar, Gregg Subject: RE: [External] Jeff Lewis Fantastic! Lynn W. Mathis Field Specialist NC Department of Environmental Quality NC Division of Coastal Management Elizabeth City District Office 401 S. Griffin Street Suite 300 Elizabeth City, North Carolina 27909 (252) 264-3901 (Ext. 234) FAY. (252) 331-2951 1C. -'rNothing Compares - .. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, January 29, 2018 8:36 AM To: Mathis, Lynn <lynn.mathis@ncdenr.gov> Subject: FW: [External] Jeff Lewis Hey Lynn, Take a look and see if this addresses your concerns. Doug and I are good with it. Thanks, Gregg From: Warren Eadus [mailto:weadus@auible.coml Sent: Thursday, January 18, 2018 3:05 PM To: Bodnar, Gregg <greas.bodnar@ncdenr.gov> Cc: Huggett, Doug <dous.huggett@ncdenr.gov>; Jeff Lewis <makodoa472Eooglemail.com>; Troy Murphy <tmurphv@puible.com> Subject: [External] Jeff Lewis CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spamCd nc.goy. Gregg, As a follow up to your call, please find the attached CAMA Plan. This plan attempts to address three of the four concerns raised in your call with Troy Murphy. Please let us know if something similar to the attached could be processed and we will amend the application to reflect the changes. If you need for us to place the project on "Applicant Hold", while the updated plan is distributed, please let me know. Thanks, Warren D. Eadus, P.G. President Quible & Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 m 252.202.8166 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which R is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Assistant Major Permit Coordinator, NCDCM THROUGH: Frank Jennings, District Manager, NCDCM FROM: Lynn Mathis, Field Specialist, NCDCM DATE: December 15, 2017 SUBJECT: Jeffrey Lewis - CAMA Major Permit Application ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Mr. Lewis is proposing the construction of two 30' long breakwaters between 24' and 70' waterward of the normal high-water line (NHWL) and setback from the applicant's southerly shoreline a minimum of 10'. The breakwaters will be constructed of vinyl sheets on timber pilings with a height -1' above MHWL, with a 1" opening every 12". The breakwaters will overlap 3' and have a 10' gap between the two structures. In addition to the breakwater, according to MP-1 #5., the applicant would like to restore the shoreline with native marsh plantings within a 3,900sf area, landward of the proposed breakwaters. The applicant's drawing shows a 3,900sf restoration area, as stated in the application, but the narrative states that planting will be limited to an area -1.5' or less in depth. In addition to the planting wetland vegetation the applicant is proposing to extend an existing walkway -42' with a 10' x 10' platform and two sets of stairs that will terminate in the proposed restoration area, more specifically within the area where the applicant proposes to plant wetland the vegetation. I have reviewed the rules and would like to offer the following: 15 NCAC 07H .0208 Use Standards (b) Specific Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; Consistent: 6' max requested. (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; Consistent: The combined area will be within limit of this rule. (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; Consistent: None proposed. RECEIVED -'Nothing Compares —, DEC 212017 Slate of North Carolina I Environmental Quality I Coastal Management 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901C !►A - M H D CITY Gregg Bodnar December 15, 2017 Page 2 (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; Consistent: No proposed boathouse. (E) The total area enclosed by an individual boatlift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; Consistent: No proposed lift. (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; Consistent: Single story proposed. (G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: the proposed pier and platform will not exceed established pier length. (i) not extending into the channel portion of the water body; and, Consistent: The proposed pier and platform will be outside of any navigation channel. (iii) not extending more than one-fourth the width of a natural water body, or human made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed pier and platform will be less than %the of the water body width. (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100-foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Consistent: Less than 100'. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the D RECV adjacent property owner's areas of riparian access. 2.1 2Oil '' 'Nothing Compares DEC Y State of North Carolina I Environmental Quality I Coastal Managemwt v 401 S Griffin Street I Suite Sao l Ehrebeth City, NC 27909 252-264-3901 _ __ L Gregg Bodnar December 15, 2017 Page 3 Consistent: No Encroachment into the riparian corridor (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The pier location will not be over any shell fishing franchise. The rules noted below are for the General Permit conditions for Sheetpile Sills there are no guidelines under the CAMA Major Permit Process. 15A NCAC 07H .2105 General Permit Specific Conditions for Sheetpile Sills (a) The sill shall be positioned no more than 20 feet waterward of the normal high water or normal water level or 20 feet waterward of the waterward edge of existing wetlands at any point along its alignment. For narrow waterbodies (canals, creeks, etc.) the sill alignment shall not be positioned offshore more than one sixth (1/6) the width of the waterbody. Inconsistent (b) Sills authorized under this General Permit shall be allowed only in waters that average less than three feet in depth along the proposed alignment as measured from the normal high water or normal water level. Consistent: <_ -2' (c) Where the Division of Coastal Management staff determine that insufficient wetland habitat exists along the permittee's shoreline to provide adequate shoreline stabilization, the permittee shall be required to plant appropriate wetland species landward of the sill structure as directed by the Division of Coastal Management staff. Inconsistent: SEE COMMENTS BELOW (d) Construction authorized by this general permit shall be limited to a maximum length of 500 feet. Consistent: (2) 30' sections (e) The sill shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area every linear foot of sill. The sill shall have at least one five-foot opening at every 100 feet. The sill sections shall be staggered and overlap as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. Consistent: 1" slits per 12" of sill with a 3' overlap and a 10' gap (I) The height of the sill shall not exceed six inches above normal high water or the normal water level. Inconsistent: Applicant proposes a 12" height above MHWL (g) Offshore sill sections shall be set back 15 feet from the riparian access dividing line. The line of division of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The setback may be waived by written agreement of the adjacent riparian owner(s) or when the two adjoining riparian owners are co applicants. Should the adjacent property be sold before construction of the sill begins, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any construction of the sill. Consistent: 15' setback (h) Sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above mean high water. Consistent: Can be conditioned RECEIVED -"Nothing Compares - , y State of North Carolina I Fmvironmental Quality I Coastal Management DEC 2 12017 401 S Griffin Street I Suite 3001 Ni abeth City, NC 27909 252-264-3901 p ' I� ^ It Gregg Bodnar December 15, 2017 Page 4 (i) No backfill of the sill or any other fill of wetlands, estuarine waters, public trust areas, or high ground is authorized by this general permit. Consistent: No backf ill proposed (j) No excavation of the shallow water bottom, any wetlands, or high ground is authorized by this general permit. Consistent: No excavation proposed (k) The sill shall be constructed of vinyl or steel sheet pile, formed concrete, timber, or other suitable equivalent materials approved by the Division of Coastal Management. Consistent (1) Perpendicular sections, return walls, or sections that would enclose estuarine waters or public trust areas shall not be allowed under this permit. Consistent (m) The permittee will maintain the sill in good condition and in conformance with the terms and conditions of this permit or the remaining sill structure shall be removed within 90 days of notification from the Division of Coastal Management. Can be Conditioned Comments: While removal of the structures can be conditioned should vegetation Pais to establish within the proposed restoration area, historically the Division has not taken steps to enforce permit conditions after the expiration of a CAMA Major Permit. The applicant has demonstrated a lack of willingness to relocate the proposed pier and platform as discussed in their scoping meeting, and as expressed to the applicant's consultant during the applicant process. Concerns were expressed by multiple agencies that the placement of a platform and stairs, clearly for a staging area for kiteboarders and wind surfers, is not compatible with the intent to restore a wetland. These are clearly conflicting uses. The placement of the offshore sills as far as 70' offshore becomes unnecessary, if it is known that the planted wetland species has a very low survivability, given the conflicting use. Unless the applicant is willing to relocate the pier on the waterside of the proposed sill, or bring the sill in to a landward location of the proposed platform and stairs, I must recommend denial. This concern was brought to the attention of the consultant multiple times no changes were made to address staff concerns. To place a condition requiring the removed of the sill in three years if wetland vegetation has not established requires that the permit be remembered by current, or by future staff unfamiliar with the project, and will simply not occur. Recommendation: Denial as proposed RECE',=� DEC 21 ijd DCM- MHD CITY -' -^Nothing Compares - State dNorth Carolim I Environmental Quality I Coastal Management 401 S Griffin Sumt I Suite 3001 FJbaheth City, NC 27909 252-264-3901 Bodnar, Gre From: Thorpe, Roger Sent: Tuesday, January 02, 2018 10:24 AM To: Bodnar, Gregg Subject: CAMA Major - Jeffrey Lewis Breakwater, Planting of wetlands and pier extension, Avon, Dare County Gregg The subject project will not require a State Stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Nothing Compares,.... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coastal Management ENVIRONMENTAL QUALITY December 19, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: DEC 2 2 2011 sh Sanitation 6 Zec•eat;onai Water Quality Se_: - Shannon Jenkins Environmental Health— Shellfish Sanitation ROY COOPER Govemor MICHAEL S. REGAN Secremry PAXTON C. DAVIS Director RECEIVED JAN 0 3 2018 Doug Huggett, Major Permits Coordinator DCM- MHD CITY c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Jeffrey Lewis 39020 Windy Lane, Avon in Dare County Proposed Project: Construct two 30' wood and vinyl breakwaters, planting of wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Matthis at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED6�� `i DATE fK- �Vrtrloyl Jenv-tvls !''Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Cmffin St., Ste 3001 FAvabeth City, NC 27909 252-264-39011252-331-2951 [fax] CoastalManagement ENVIRONMENTAL QUALITY December 19, 2017 MEMORANDUM TO: RECE� 4TED JAN 3 2010 BY: Clif Whitfield, Environmental Engineer DWR —Public Water Supply Section, WaRO ROY COOPER Gavemor MICHAEL S. REGAN Se—lary BRAXTON C. DAVIS Dlmaor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jeffrey Lewis Project Location: 39020 Windy Lane, Avon in Dare County Proposed Project: Construct two 30' wood and vinyl .breakwaters, planting of wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue. Morehead City; NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Matthis at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. ZThis 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. 1 ) Q SIGNED DATE ''Nothing Compares.,,.. .. stato of North cmrma I rnvim =w Quality l ComalMmx6®cot 401 S.Grf St,Sta300]Eim6Nh City,NC27909 252-264-39011252-331-2951[fax] 01/09/2018 08:11 2523314739 NCDOT PAGE 02/02 ROY COOPER (iawmnr MICHAEL S. REGAN %cmfary BRAXTON C. DAVIS Coastal Management Director ENVIRONMENTAL QUALM December 19, 2017 MEMORANDUM TO: David B. Harris, Roadside Erosion Control & Vegetation Management Engineer, NCDOT Roadside Environmental Unit FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDCTE & FILL Permit Application Review RECEIVED Applicant: Jeffrey Lewis JAN 0 8 2018 Project Location: 39020 Windy Lane, Avon in Dare County DCM- MMD CITY Proposed Project: Construct two 30' wood and vinyl breakwaters, planting of wet and vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mattbis at (252) 264- 3901. When appropriate, in-depth comments with supporting data arc requested. REPLY:y 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. 96SIGNER L DATE /wII "Nothing Compares...... Smeof North Carolina 16n%4 v ^c"r"1 Q'..1;ty 1 Cmmi1 M"ap m 401 S. Griffin St., Ste inn I rdbnheth City. NC 27909 757.7le.19011232.131.2951 [Mx] Coastal Management ENVIRONMENTAL OUALITV December 19, 2017 MEMORANDUM TO: Tim Walton, Director State Property Office ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Dwotor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jeffrey Lewis Project Location: 39020 Windy Lane, Avon in Dare County Proposed Project: Construct two 30' wood and vinyl breakwaters, planting of wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Matthis at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY:This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �� DATE 5� 8' KEC_ IVED '"Nothing Compares JAN 0 S 2018 State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300I Elinbeth City, NC 27909 /�'� V 252-264-39011252-331-2951[W] ® CITY Coastal Management ENVIRONMENTAL QUALITY December 19, 2017 Charlan Owens, District Planner Division of Coastal Management ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jeffrey Lewis Project Location: 39020 Windy Lane, Avon in Dare County Proposed Project: Construct two 30' wood and vinyl breakwaters, planting of wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Matthis at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency obje roject for reasons described in the attached comments. XS S DATE"3 tf RECEIVED !''Nothing Compares JAN 0 S 2018 State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin 252 264-901125nabeth1-295 ISI N909 D C M - M H D CITY Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of CoaTICIP, anagement FROM: Charlan OwensNE District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by Jeffrey Lewis to construct two (2) 30 foot long breakwaters, install native marsh plantings within a 3,900 sq. ft. restoration area, and construct a 6 foot wide by 42 foot long walkway extension with a 10 foot by 10 foot terminus platform and two (2) sets of stairs; on the Pamlico Sound at 39020 Windy Lane, in Avon, Dare County. DATE: January 3, 2018 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The .99 acre subject property has approximately 125 linear feet of shoreline along the Pamlico Sound. The average elevation of the property is 2 feet above the Normal High Water Line (NHWL). Floodzones on the property include VE (10) and VE (9). Coastal Wetlands bisect the property, with upland to the east and sandy beach to the west. The sandy beach was previously Coastal Wetland habitat. Existing site improvements consist of a multi -story residential structure and elevated walkway extending across the Coastal Wetlands to the sandy beach. Construction of two (2) 30 foot long breakwaters, installation of native marsh plantings within a 3,900 sq. ft. restoration area, and construction of a 6 foot wide by 42 foot long walkway extension with a 10 foot by 10 foot terminus platform and two (2) sets of stairs are proposed. The breakwaters will be installed between 24 feet and 70 feet waterward of NHWL. The breakwaters will be constructed of vinyl sheets on timber pilings with a 1 inch opening every 12 inches. They will be 2.5 feet in height and extend approximately 1 foot above Mean High Water Level (MHWL). The breakwaters system will extend 57 linear feet, with breakwaters spaced 10 feet apart. Native marsh plantings will be installed landward of the breakwaters in areas where water depths are 1.5 feet or less. The walkway with platform and stairs will extend from the existing walkway, across the sandy beach and terminate in the marsh restoration area. The waters of the Pamlico Sound in this area are classified as SA waters and are open to shellfish taking. There is no Submerged Aquatic Vegetation (SAV) within the project area. A review of potential historiclarchaeological resources was not provided. RECEIVE® Nothing Compares� ^ �,I State of North Carolina '�1 Environmental Quality i Coastal Management JAN 0 8 2018 Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252 2643901 D �' , North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 3 Anticipated Impacts resulting from this project are expected to include: the filling of 60 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), and; the shading of 204 sq. ft. of Public Trust Area/Estuarine Waters AEC and 180 sq. ft. of Estuarine Shoreline AEC. There are no Coastal Wetlands within the project area. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community Residential". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). The following LUP policies may be applicable to this request: Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Archaeological/Historic Resources Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the INC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine RECEIVED Nothing Compares_ JAN 0 8 2018 State of North Carolina i Environmental Quality i Coastal Management Elizabeth City Office ; 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27goq DC M - M H D CITY 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. "1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Policy NH#3, Page 180. "...Offshore breakwaters, slopes, rip -rap and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkheads where these other techniques may be equally effective in abating a shoreline erosion problem." Water Quality: Wetlands Policy WQ #7, Page 192. "Dare County advocates the use of existing (2009) state and federal regulatory programs for protecting and preserving coastal wetland areas of environmental concern..." Policy WQ #10, Page 192, "...Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing estuarine shoreline management in lieu of estuarine bulkhead where these other techniques may be equally effective in abating a shoreline erosion problem." Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration 2ECE!\/ED and protection of the unique ecosystems upon which they depend..." Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 JAN 0 8 2018 DCM- MHD CITY Bodnar, Gregg From: Scarbraugh, Anthony Sent: Monday, January 29, 2018 1:44 PM To: Bodnar, Gregg Subject: RE: Jeffery Lewis project No comment. Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 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, January 29, 2018 1:20 PM To: Staples, Shane <shane.staples@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Subject: Jeffery Lewis project Afternoon all, After consultation with Warren Eadus we have a redesign. Attachment is 11x17. 1. Breakwater moved to the -1ft at NWL 2. Commitment to replant as necessary (potential to be conditioned as well) 3. Platform moved waterward of breakwaters and out of the restoration site Please comment back asap and as always thanks for the additional work. Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office §' ROY COOPER cu;emor ' MICHAEL S. RE„GAN 1]tlf!¢lp/3n. Coastawanagement BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Dwc,,, A�C61V pfACp�N�R December 19, 2017 MEM--- N-UM DEC2 2 201? oalorQoality Re TO: Anthony Scarbraugh, DWR -Water Quality - 401, WaR�+shln orarya s aional eW on Regfoect ion l FROM: Doug Huggett, Major Permits Coordinator , `e clo Gregg Bodnar, Assistant Major Permits Coordinator rP° s�s t e�84 Division of Coastal Management obae, r !! r�o0,e°eoyseM SUBJECT: CAMA/DREDGE & FILL Permit Application RevieYy Applicant: Jeffrey Lewis Na,RaO�N� Project Location: 39020 Windy Lane, Avon in Dare County Zkl Proposed Project: Construct two 30' wood and vinyl breakwaters; planting 9f wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed Wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue Morehead Ci NC 28557 fax: 252-247-3330 If you have any questions regarding the proposed project, please contact Lynn Matthis at (252) 264- 390.1. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. �/ TThis 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 r DATE 4/ w J% i it ~ "Nothing Compares-".,, 'State of North Carolina I Environmental Quality I Coastal Management 401 S. GT'Wm SL, Ste 3001 Elizabeth City, NC 27909 252.264,39011252-331-29SI If,) DCM Coordinator: jo>Permit «. _. MAH NGDLST'RIBMONSHL�ET_._,_. Permitee: DCM Field Offices t,Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: GrKK L04 ,�5 (with revised work plan drawings) I> �-,e (R�) D,A ,Raleigh Bland (Beaufort, Camden Chowan, Craven, Hertford, Hyde, Perquimans, Josh Peletier (Boftie, Currituck, Dare, Gates; Pamlico, Pasquotank, Washington) Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECityl Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Ponder) Brad Shaver (NCDOT-Brunswick, New Hanover, Ouslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR- Renee Gledhill -Barley Heidi Cox (WiRO) Clif Whitfield (WARO) Shane Staples CurtWeychort David Harris ` Shannon Jenkins Tim Walton Karen Biggins ;f . Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater . Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401(Carteret, 0nslow, Ponder, New Hanover) Chad Coburn —401(Brunswick) Georgette Scott = Stormwater Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Ponder) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARO) f Permit Number 24-18 ' STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Jeffery H. Lewis, 24 Euclid Ave., Westwood NJ 07675 ing development in Dare Countyat adj. to Pamlico Sound. at 39020 Windy as requested in the permittee's application dated 2/7/18, including attached Sheet 1 dated 12/5/17. issued on April 17, 2018 , is subject to compliance with the application (where ith the permit), all applicable regulations, special conditions and notes set forth below. Any violation Ls may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Breakwater The alignment of the authorized breakwater shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. The breakwater alignments authorized under this permit shall approximate the -I ft. contour at normal high-water level at the time of construction. 3) -, The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The breakwater sections may be staggered and overlap as long as the proposed 10-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. (See attached sheet for Additional Conditions) ;ST7ns permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the cjuahfed persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. permit must be accessible on -site to Department -1 when the project is inspected for compliance. e work or project modification not covered further Division approval. must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that yoy-'pioject is consistent with the North Carolina Coastal "Management Program. �-/ V L- -t'V Braft6n C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ry H. Lewis ADDITIONAL CONDITIONS Permit No. 24-18 Page 2 of 3 The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. Each breakwater section shall be marked at each end with yellow reflectors extending at least three feet above normal high water. 1'No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. Offshore breakwater sections shall be setback 15 feet from the adjoining property lines and the riparian access dividing line. In accordance with commitments made by the permittee, the Estuarine Waters located between the breakwater sections and the existing Coastal Wetlands shall be planted with native Coastal Wetland species, all expressly and specifically detailed in the attached narrative and workplan drawings. This :Coastal Wetland planting area should be replanted as necessary and as conditions allow. Pier and Water Access This permit authorizes only the pier, platform and 2 stairs, 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 structure without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 10) Any portion of the permitted access pier built over Coastal Wetlands or the restoration area shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as ^measured from the bottom of the decking. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 12) This permit does not authorize any formalized boat slips. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. , This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. The permittee shall maintain the authorized work in good condition and in conformance with the terms ,-and conditions of this permit. The permittee is not relieved of this requirement if he abandons the ;;permitted activity without having it transferred to a third party. ry"13. Lewis Permit No. 24-18 Page 3 of 3 ADDITIONAL CONDITIONS General Any mitigative measures or environmental commitments specifically made by the applicant for this project shall be implemented, regardless of whether or not such commitments are addressed by «= individual conditions of this permit. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. E: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-00161). The N.C. Division of Water Resources authorized the proposed project byway of General Water Quality Certification 4144 and assigned the project DWR Project No. 18-0024. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The pennittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. 'E: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. - --- _-- --- Coastal Management ENVIRONMENTAL OUALITV April 26, 2018 Jeffery H. Lewis 24 Euclid Ave. Westwood, NC 07675 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Qualtty I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Chy, NC 28557 252 8082808 Coastal Management ENVIRONMENTAL QUALITY February 19, 2018 Jeffery H. Lewis 54 Eucid Ave. Westwood, NJ 07675 Dear Mr. Lewis, ROY COOPER MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities to construct a shellfish aquaculture demonstration center within Bogue Sound, 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 May 6, 2018 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City Troy Murphy, Warren Eadus (Quible and Assoc.) Via Email State of North Caroira I Emronmemal Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 608 2808 DCM MP-1 APPLICATION for Major Development Permit (tut revised 12127toB) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information 1 Business Name Project Name (it applicable) Applicant 1: FIN Name Jeffrey MI H Last Noma - - Lewis Appitcara 2: First Name MI Lest Name Hadditional applicants, please attach an addWonal pages)Will names Hated. Maaing Address 54 Eucid Ave PO Box City Westwood State NJ ZIP 07675 Country USA Phone No. ext. FAX No. Sheet Address (if different from above) City Stale ZIP Email 2. AgentlContractor Information Businr Name Wble 8 Associates, P.C. Agent/ Contractor 1: First Name MI Lost Name Troy Murphy Agent/ Contractor 2: First Name MI Last Now Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 •3300 exi. axt. FAX No. Contractor a 252 261 1260 Sheet Address (d different from above) city State ZIP 8466 Caraloke Highway Powells Point NC 27966 - Email lmurphy®quible.com RECIFIVEn <Form continues on back> FEB 7 2018 252-808-2808 :: 1-BBB-4RCOAST :: www.nccoastal Iff"SE("+ ON MHD -Form DCM MP-1 (Page 2 of 4) n77�I�_Y�GI.i(•TI Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. a Dare 391I20 Windy lane Subdivision Name city State ZIP Spencer'sCover Avon NC 27915- Phone No. Lot No.(s) (it many, attach additional page wNh list) ern. WA a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body Identified In (b) above, natural or mamnads? d. Name the closest major water body to the proposed project site. ®Natural ❑Mamnade []unknown Pamlico Sound e. Is proposed work whhin city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed SYes ❑No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (h.) b. Size of entire tract (sq.t.) —125 LF 0.99 Acres c. Size of Individual lot(s) d. Approkimate elevation of tract above NHW (normal high water) or WA, NWL (normal waterlavel) 2ft ❑NMN or®NWL it/ marry lot sizes, please attach additional page with a list) e. Vegetation on tract The lot is partially maintained grasses and partially coastal welands. RECEIVED 1. Man-made features and uses now on tract Residential Homes and timber pier. F E B 7 2018 g. Identify and describe the erdsting land uses adiacent to the proposed project site. MP SECTION Rental homes and wetlands h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Residential (Attach zonng compliance certificate, t applicable) ❑Yes ❑No . ®NA i. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? It yes, attach a copy. ❑Yes ®No ❑NA It yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It Involve a ❑Yea ®No ❑NA National Register listed or eligible property? <Form continues on next page> Ic 252-808-2808 :: i-BBB-4RCOAST :: www.nccoastalmanagement.not Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit or. (I) Are there wetlands on the site? Was ❑No (Ip Are More coastal wetlands on the sae? Was ❑No (III) If yes to either (i) or (g) above, has a delineation been conducted? ®Yes ❑No (Arrach documentsdon, it avallabfe) n. Describe existing wastewater treatment facilities. Onsae septic o. Describe existing driniring water supply source. Dare County p. Describe existing storm water management or treatment systems. No SW MP 5. Activities and Impacts a. Nil the project be for commercial, public, or private use? ❑Commerclal ❑PubIIMGovemmenl ®Private/Communily b. Give a brief description of purpose, use, and daily operations o1 the project when complete. The purposes of this CAMA major Is to restore and protect the shoreline along Mr. Lewis's property. Exceleraled erosion has occurred In recent years and the owner proposes two breakwaters with native marsh plandngfrestoration to help protect the property. The daily use of the property is a rental home for vistors to Avon. The she Is typically rented by kite boarders. c. Describe the proposed consbuction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It is to be stored. Barge and vibrating hammer d. Ust all development activitlesyou propose. Two 30 LF breakwaters and 1,907 SF of native marsh planting/restoration. A 72 feet by 6 feet extension to the existing pier with a 101t x IN platform and two staircases. See attached project nantive for a detailed description of all proposed work. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What Is the approximate total disturbed lamd area resulting from the proposed project? WA ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes j@No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater orslonnwaterbedischarged Into awelland? ❑Yes I@No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA 1. Is there any mitigation proposed? ❑Yea ❑No INNA If yes, attach a mitigation proposal. <Form continues on bacb FEB 7 2018 252-808.2808 :: 1-888.4RCOA5T :: www.nccoastalmanago ment.net SECTION MFID Porm-DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional inffir Cation In adfiftn to this complefedapplicaffon form, (MP-i) the following gents below, If aWp wbf% must be submlaad in orderforlhe application padrage to tie ccinpfafa Rems (e) —(Q are ahvays appkabfe fo arrymalar devetopment applkaBon. Pieria consul fhe apiolkallon Instruction booklet on how to propertyprepare the requhed Items below. a. A project radiative. b. An accurate, dated work plat (Including plan view mW cross -sectional drawings) drawn to scale. Please give the presem status of the proposed project Is any portion already complete? If previousty, authorized work, clearly Indicate on maps, plate, drawings to distinguish between work completed and proposed. c. A site or location map tinnt is sufficiently detailed to guide agency personnel unfamillar with the area to the she. it. A copy of the deed (with state application only) or other Instrument tinder which the applicant claims 116e to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 1. A list of Me names and complete addresses of the adjacent waterfront (riparian) landowners and signed return recerptr as proof that such owners have reeelved a copy of the application and plats by certified mall. 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 Robert L: Dean Phase No. ' Address 5611 Red Odor SL Chadotle NC 28270 Name Richard C. Prate Phone No. Address 157 Sea Bird Lane Bogard, NC 07118 Name Phone No. Address g. A list of previous stale or federal permits Issued for work on the project tract. Include permit numbers, penalties, and issuing dates. h. Signed consultant or agent aulhorha8on form. If applicable. I. Welland delineation, If necessary. ). A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by proper(yowner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.O.S.113A 1.10), if necessary. If Ore project &wolves expamAture of pubes funds or use of public fends, attach a statement documenting compliance with the North Carolina Environmental Polley Act. I understand that any permit Issued in response to this application will allow only the development described In the application. The project will be striljeet 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 further certify that the Information provided in this application Is truthful to the best of my knowledge. Date/,O PdnlName jY17` ha+ hi (4f%d) Signature RECEIVED Please indicate application attachments pertaining to your proposed project ❑DCM MP-2 Excavation and FlII Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information FEB 7 2018 MP SECTION IMHD 252-808.2808 :: 1-888-4RCOAST :: www.necoostaimanagement.net t, ; 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 astate to this proposed project Please Include all supplemental Information. 1. DOCKING FACIUMMARINA CHARACTERISTICS ❑This section not applicable a W Is the docking laciitymradoa: b. (Q Wfi the facility be open to the general public? ❑Commardal ❑PubUcKk emment IMPdvatelCommunity ❑Yes ®No c. Q) Dodn(s) and/cr pler(s) (1) Number 1 (IN) Length 72 it Qv) Width (v) Floating ❑Yes ®No e. (1) Are Platforms Included? ®Yss ❑No If yes: (it) Number 1 (011.0119111 10 (IV) WIM 10 it (v) Floating ❑Yes ®No Note: Roofed areas are cafeulated lrom ddpfrrre dimensions. g. (Q Number of sips pmpooad 0 (o) Number of sips 9&1[ g 0 I. Check the proposed type of siting: ❑ Land an and access channel ❑Open water, dredging for basin and/or channel ®Open water no dredging required []Other please describe: k. Typical boat length: gig m. Q) WD the laciity have Be piings? Dyes ONO Qq It yes number of tie pilings? d. Q) Are Finger Piers Included? ❑Yes ONo It yes: (0) Number — (li) Length — (Iv) Width _ (v) Floating ❑Yes ❑No L Q) Are BoallfBs included? ❑Yes ®No It yes: (;) Number — (M) Length (lv) Width h. Check all the types of services to be provided. ❑ Full service, Including travel rift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (feet slips) wV, number of slips: ❑ Dry storage; number of boats: El Boat Boat mmp(s); number of boat ramps: ® Other, please describe: pedestrian water access ). Describe the typical boats to be served (e.g., open runabout, charter boats, sai boats, mixed types). Ilia I. (Q Will the faddlyy be open to the generalpublic? ❑Yss ®No RECEIVED FEB 7 2018 252-800.2800 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 MP SECTION MHD Form DLM MP-4 (Structures, Page 2 of 4) Z. DOCKING FACIU MMARINA OPERATIONS ®This section not appAcable a. Chair each d the following sanitary facilities that will be Included in the proposed projacL ❑ Office Toilets ❑ Toilets for patrons; Number. Location: ❑ Showers ❑ Soathddmg tank punpout; 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. p) Give the ImIlon end number of *No Sewage Discharge'signs proposed. (m Give the location and number of'Pumpoul Avallabld signs proposed. f. Describe the special design, If applicable, for contdning 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 end 'No Wake" signs proposed. I. Give the location of fuol4mmiling facilities, and describe the safety measures planted to protect area water quality. J. What will be the marina policy on overnight and Iva -aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project Is an expansion of an existing marina, what types of services are currently provided? m. Is the madnaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No FEB 7 201B 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net MP SEM0M1 LG1 MD Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldoeking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No a. is the madnaldocking facility proposed within or adjacent to coastal wetands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (Sli), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None P. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? []yes ❑No It yes, give the name and address of the laaseholder(s), and give the proximity to the lease. 3 BOATHOUSE (Including covered lift) ®This section not applicable a. Q) Is the boathouse structure(s): ❑Commercial ❑Publidoovemment ❑Private/Comnuntly (8) Number (i 1) Length _ (tv) Width Hale. Roofedaraasare calculated /romddplinedimenslons. 4. GROIN (e.g., wood, sheelpl7e, etc. Ifa rockgroln, use MP 2, Excavation andFllL) This section not applicable e. (t) Number (9) Length (ti) Width S. BREAKWATER (eg.,.wdod, sheetplie, eta) ❑This section not applicable EL Length f2) 30 LF breakwater b. Average distance from NHW, NWL, or wetlands 60 LF tole) —19-35 c. Maximmdlstancebeyend NHW,NWLarwetands —35 fit 6. MOORING PILINGS and BUOYS 0This section not applicable a. Is the slructure(s): ❑Commerdal ❑PubiidGovemment ❑Pdvate/Commxmity c. Distance to be placed beyond shoretne Note: This shouidbe measuredfrom marsh edge, If present a. Areof the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED FEB 7 2018 :I'. i01 C ! Eel I Nk1 ( .0. D 252-808-2808 :: 1.888ARCOAST :: w .nccoastalmanagement.net revised: 12/27/06 Form' ®CM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximityof stmcture(a) to adjacent dpadan property Imes fib ft to the North and 15.5 ft to the South Note. For buoy ormooring piling, use an; of swing lrtcNdinglengfh of vessel. c. Width of water body Approx. 29 miles e. p) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (U) If yes, explain what type and Crow they will be Implemented. b. Proximity of structure(s) to adjacent doddng facilities. —98 It to the North and —93 ft to the South d. Water depth at waterward end of structure at NLW or NWL !L 1 rP �L.,�,_, _ rv. i.a WA I 1=ei71.0-:=r 8.OTHER 07ftls section Trot applicable a. Ghre complete description: Date off Ztwi5 Yr-.4:I Project Name . ra.I V t,roh, (Ape) 0-r1,:M M RECEIVE® FEB 7 2018 MP SECTION MHD 252-00B-2808 :: 1.888-4RCOAST :: www.neconstalmananement.net revised: 12127/06 a External email?Do'not,click links or"open attachments unless venfied'Send all suspicious'email as an attachment"to , Re ortS am' kt'.1 1-1 s' Gregg, When we spoke about Jeff Lewis last week you mentioned "Deed Restriction". My client won't accept any deed restrictions. I realize that this is a Living Shoreline, but we weren't allowed to place sand, we also are not fulfilling any mandatory restoration (in fact DWR argued forcefully that this was not a restoration and was a voluntary project) requirements. Therefore, we need the planting to be voluntary or at least not involve any type of deed restrictions. Feel free to call and discuss. Thanks, Warren D. Eadus, P.G. President Quible &Associates, P.C. 8466 Caratoke Hwy, Bldg 400 Powells Point NC 27966 PO Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 m 252.202.8166 www.guible.com '.s LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jeffrey Lewis 2. LOCATION OF PROJECT SITE: 39020 Windy Lane, Spencer's Cove Subdivision, in Avon, Dare County, adjacent to the Pamlico Sound. Photo Index: 2006:124-7859 N6 & 06 Lat. 36022' 04.75" N Long. 76*30' 10.73" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: 11/28/2017 Was Applicant Present: No 5. PROCESSING PROCEDURE: Application Accepted for Processing: 12/012017 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Dare County LUP Land Classification: Residential (B) AEC(s) Involved: Estuarine Water, Public Trust Water, Estuarine Shoreline, and Coastal Wetlands (Created) RECEIVED (C) Water Dependent: Yes (D) Intended Use: Commercial DEC 21 2017 (E) Wastewater Treatment: Existing: Septic Planned: Same DCM- MHD CITY (F) Type of Structures: Existing: Dwelling and walkway Planned: 2 Breakwaters, a walkway extension, a pier, a platform and sets of 2 stairs to the water (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] SHADING FILLED GRADING/DISTURBANCE (A) Vegetated Wetlands (B) Non -Vegetated Wetlands: Shallow Bottom —60sf Open Water —204sf (C) Other: High Ground —180sf (D) Total Area Disturbed: 444sf Total (.010 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Shellfishing Open: Yes 8. PROJECT SUMMARY: T�j roject involves the construction of two 30' long wood and vinyl breakwaters a ma) imu waterward of normal water level, the planting of wetland vegetation in an area .�lI less in depth along the nearshore, and the construction of a walkway/pier extension/plaffol*with two sets of stairs to access the water within the area of proposed wetland vegetation plantings. Jeffrey Lewis Field Investigation Report Page 2 Project Settina 0 ; ,'oleci clear 5 reJ44 ( � 7 7//0 IV The project site is a .99-acre residential lot with -125' of shoreline fronting along the Pamlico Sound, at 5902 Windy Lane, Spencer's Cove Subdivision, in Avon, Dare County. Average elevation of the property is -2' above the normal high-water line (NHWL) with extensive Coastal Wetlands on the rear (west) side of the dwelling. The property has a multi -story pile supported dwelling that is used for seasonal rentals for kite boarders and wind surfers. Located on the west side of the dwelling is a walkway, originally constructed to access Pamlico Sound that has been damaged over the years and now terminates along a small mushy sand shoreline that is currently devoid of any vegetation, but was previously a coastal wetland habitat. Adjacent Coastal Wetlands on the property contain a mix of Big Cordgrass, Sawgrass, Smooth Cordgrass, Pennywort, Salt Meadow Hay, Bulrush, Black Needle Rush, Sea oxeye, and Wax myrtle. The adjacent water bottom has a sandy substrate with depths ranging from 0' to -2' within the project area, up to 70' offshore. Erosion along the property is evident and has been exacerbated over the years by seasonal pedestrian use through the wetlands to launch kite boards and wind surfing equipment in the water. Erosion in this area was even further pronounced following the grounding of a large commercial barge along the applicant's property during Hurricane Matthew. At this time, there are no wetlands within the proposed restoration area. A near shore survey within the project area also revealed no submerged aquatic vegetation within the project area. North and south of the applicant's property are similar dwellings also used for seasonal rentals, with similar wetlands on the waterward side of the dwellings, with eroded pockets. As noted above the Pamlico Sound is located on the west side of the property, and Windy Land on the east side of the property. Development Proposal Mr. Lewis is proposing the construct two 30' long breakwaters betweenW and l8�waterward of the normal high-water line (NHWL) and setback from the applicant's southerly shoreline a minimum of 10'. The breakwaters will be constructed of vinyl sheets on timber pilings with a height -1' above MHWL, with a 1" opening every 12". The breakwaters will overlap 3' and have a 10' gap between the two structures. ��- In addition to the breakwater, according to MP-1 #5., the applicant would like to restore the shoreline with \ `9C native marsh plantings within asf area, landward of the proposed breakwaters. The applicant's drawing ® shows a sf restora�jp� rea, as stated in the application, but the narrative states that planting will be limited to an area �1<3'bi ess in depth�.,, I� ddition to the planting wetland vegetation the applicant is proposing to extend an existing walkway With a 10' x 10' plafform and two sets of stairs that will terminate uJ i ® Wetland vegetation plantings will be monitored for a minimum of three growing seasons following breakw �� construction. R���v 1 tip11 Proposed development will include the following: SEC ti Gig Y 1) Breakwaters: (2) 30' long wood and vinyl breakwaters with 1" slit with a maximum height of LahovN� MHWL. -60' Shallow Bottom Fill 0 11 `` Jeffrey Lewis Field Investigation Report Page 3 lrNd7�2® 2) Restoration Area: 3�f between the proposed breakwaters and MHWL. No fill is proposed in association with the project. No identifiable impact. r' 3) Wetland Vegetation Plantings: Vegetation is to be planted in water depths of :1fJ or less along the applicant's shoreline. Vegetation to include a combination of Smooth Cordgrass, Black Needle Rush Bulrush, Sawgrass, Big Cordgrass and Salt Grass. No wetland vegetation plantings are proposed landward of MHWL. Undetermined Impact 4) Walkway Extension, Pier. Platform and Stairs: x 6' walkway extension above MHWL =,$9dif of High Ground Shading -12' x 6' pier = 72sf shading of Open Water Shading 10' x 10' platform =100sf of Open Water Shading (2) -4' x 4' stairs = 32sf of Open Water Shading mk2 -2- Shading Impacts =4Ksf of High GroundZvpe� w'A��9 204sf of Open Water A0-FFZ ® Total Project Impacts. -444sf Anticipated Impacts The proposed development, if approved, will result in the following impacts: 1) Reduction in wave action adjacent to the applicant's property. 2) Possible reduced sustainability of planted wetland vegetation adjacent to the pier platform terminus where pedestrian use will include the rigging and launching of kiteboards and wind surfers during prime grown season. 3) Shading of 204sf of open water. z 4) Shading ofAlsf of high ground. !,Z Q iar 5) Filling of -60sf from the proposed breakwaters. 6) Temporary increase in turbidity associated with the planting of wetland vegetation. 7) Installation of pilings for the proposed piers and bulkhead will result in a temporary increase in turbidity within surrounding waters. 8) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. Submitted by: Lynn Mathis Date: December 13, 2017 RECE,VED DCAI, MHD C1 rV 39020 Windy lane Avon, NC Jeff Lewis Property CAMA Major- Project Narrative -Revision 01/30/18 Existing Conditions The site is a+/- 0.99 acres (43,000 sq. ft.) parcel of land located at the end of Windy lane in Avon, NC and owned by Jeff Lewis. The property fronts along the Pamlico sound in a sandy cove with a buffer of coastal wetlands between the sound and the residence. The upland portion of the property is dominantly covered with maintained grasses with a concrete driveway and single-family residence on pilings. Wetlands along the shoreline contain Wax Myrtle, Groundsel Bush, Black Needle Rush, Smooth Cordgrass, Big Cordgrass, Bullrush, and Salt Grass. A sand beach and berm are located in the natural cove of the property. This beach is encapsulated by coastal wetlands and is accessible by an existing elevated wood walk. Proposed Work In an effort to curtail the erosion and restore the emergent wetlands, the property owner proposes to install a living shoreline with two small vertical breakwaters, as shown on the attached site plan. The proposed breakwaters will be 30 linear feet each and constructed of vinyl sheeting and timber pilings, with one -inch slots cutfor every foot of sheeting to allow for water and sediment to flow through the breakwater. Behind the proposed breakwaters, native marsh plantings are proposed to be installed to help restore and protect the shore of Mr. Lewis's property. Emergent grasses such as Smooth Cordgrass, Black Needle Rush, Bullrush, Saw Grass and Big Cordgrass will be planted accordingly within areas of water one and a half foot or less in depth and behind the proposed breakwaters. All plants will be selected from the list provided on Sheet 2 of the attached site plan and based upon the availability at the time of planting (spring 2018). Planting will be phased and occur as sediment accretes and the substrate and water depths are optimal for plant survivability. In addition to the breakwaters and marsh restoration/native plantings, the owner proposes to lengthen his existing pier out in front of the proposed breakwaters. The pier extension will be 72 feet long by six feet wide elevated timber pier with a 10 feet by 10 feet platform and stairs to maintain pedestrian access waterward of the proposed breakwaters and plantings. Purpose and Need The shoreline and near shore of the property have experienced erosion occurring naturally in recent years, causing a gradual retreat of the shoreline and marsh. During Hurricane Matthew in 2016, barges owned by PCL (the contracting company building the new Bonner bridge at Oregon Inlet) unmoored and one of the barges beached on Mr. Lewis's shoreline. It is Quible's opinion that the barge beaching and subsequent extraction has accelerated the erosion along Mr. Lewis's property. The purpose of the proposed breakwaters and marsh plantings is to restore and strengthen the shoreline. The pier extension is proposed to reduce foot traffic through the proposed marsh planting and to ease access to the sound. RECEIVED FEB 7 2018 MP SECTION MHD Received k August 25th, 2017 SAV Survey Lewis Property, Avon, Dare County, NC flI'1. g 1 2:1 I. Introduction t�CM-EC The purpose of this report is for Quible & Associates, P.C. (Quible) to provide state an federal regulatory agencies with a review of a Submerged Aquatic Vegetation (SAV) study conducted in the Pamlico Sound immediately adjacent to and in close proximity of the subject property (Study Area) located in Northern Avon in Dare County. The Physical Property (Site) is located on the west side of NC Highway 12 on Windy Lane in Avon, NC (Figure 1- Relevant portion of USGS Topographic Quadrangle -Buxton). The Study Area shown on the attached Figure 2, includes approximately 200 linear feet of shoreline and extends 100 feet into the Pamlico Sound. The August 25th SAV survey was conducted to examine the substrate of shallow waters adjacent to the Site for the presence or absence of SAV, and to document the conditions that may relate to SAV habitat. The SAV survey was conducted during the peak growing season as required by resource management agencies. Generally, SAV found in this area of the Pamlico Sound prefers low energy shallow water areas where significant photic penetration through the water column to the substrate persists. These species generally go dormant in the winter months as water temperatures decrease and foliage dissipates. 11. Methodology The accompanying base map (Figure 2) includes 2017 aerial photography provided by Google with the study area identified, along with sampling area and collected water depths. Water depth surveying was conducted throughout the Site on August 25th, 2017. Depths were collected by a survey crew from Quible using survey -grade GPS using an RTK network. A bathymetric map (Exhibit A) was generated using the data gathered during the survey and AutoCAD to illustrate existing conditions. SAV surveying consisted of a cursory analysis of SAV throughout the Site to understand the species, extent and percent coverage of SAV. Throughout the area of review, water depths, substrate types, and SAV identification was performed. A survey grade GPS RTK Network was used to collect water depths in the area of review. A 1.0 meter x 1.0 meter PVC quadrat (with holes so that it would sink) was haphazardly tossed' into the water to conduct SAV review within the bounds of our review area. This was done in triplicate at each sampling station to better understand the total cover and species of SAV throughout the Study Area (in the event that any SAV was identified). Sampling was performed using a snorkel and mask in multiple free dives, while the other worker collected field data and viewed and analyzed bottom samples periodically. The survey was limited to shallow waters within and adjacent to the area of a proposed "Living Shoreline" and included the following: • An estimate of aerial coverage for all species combined within a square meter quadrat (rounded to the nearest five percent); this method of estimating aerial coverage is somewhat standardized and is in use by many SAV investigators. i Haphazardly tossed is a term used to indicate that the quadrat was not systematically placed in a location that was observed prior to the quadrat lying on the substrate. RECEIVED DEC 21 2017 DCM- MHD CITY August 251h, 2017 SAV Survey Lewis Property, Avon, Dare County, NC 1 • An estimate of aerial coverage (expressed as a percent) for each individual species within each quadrat (rounded to the nearest five percent)2; • A qualitative description of the substrate type; • A depth measurement at each sample station, using survey grade GPS III. Findings and Observations On August 25th, the winds were moderate (+/- 10 mph from the NE) and wind tide and precipitation rates resulted in Normal Water Level (NWL) conditions. This was evident from wrack lines and beach shelving. In all areas evaluated (during the initial reconnaissance and during the triplicate bottom sampling), there were no rooted SAVs encountered within the area of review, nor were there any rhizomes present in any of the bottom samples analyzed. Water depths collected at each of the sampling stations are plotted on Figure 2 (all depths relative to NWL). The only evidence of SAV in this area included sparse ripped up grass found along the beach as wrack and drifting at the water surface and within the water column. The ripped up SAV was predominately Ruppia maritima (Widgeon Grass). This suggests possible rooted SAV in other nearby areas where habitat is more compatible for SAV growth. Small beds of Widgeon Grass with approximately 30% coverage were observed in waters of 2.5' of depth or greater. The substrate type throughout the offshores area of the Site is sand dominated. Near shore areas were predominately sand with scattered areas of dead rooted wetland species originating from the PCL barge that was beached on site during Hurricane Matthew is 2016. The sand bottom in the offshore area was highly rippled and aligned parallel to the shore by prevailing current and wind direction. IV. Discussion and Conclusions The findings of this study indicate that the Study Area does not currently support SAV on the date of the survey. High energy and shifting sands are the likeliest natural causes of no SAV presence. The PCL barge impact and retrieval may have also affected the presence of SAV in the area near the shore. During the removal of the barge, large bags were placed under the barge and inflated to roll the barge off of the near shore. These bags, along with the weight of the barge, re -disturbed the substrate and may have attributed to SAV not being present. This survey work was completed before any significant tropical storm systems affected our area. It is Quible's opinion that the impacts from the barge disturbed the substrate significantly and may have prevented SAV from rooting naturally during the 2017 growing season. Received Iill: r: 3 ", ?:'7 2 Please note that our findings did not include any SAV, so species composition was not DCM-EC applicable in this case. In the event that SAV was encountered, data collected at each te si�pp EiV E D station would have been averaged together since sampling was done in triplicain the R, each station. DEC 21 2017 DCM- fAHD CITY August 25th, 2017 SA Survey Received Lewis Property, Avon, Dare County, NC V. References DCM-EC Aquatic Weeds: A Pocket Identification Guide for the Carolinas, 2012, NC State University Crop Science. Bay Grass Identification Key, 2008, htto://www.dnr.state.md.us/bay/SAV/key/, Maryland Department of Natural Resources. Caldwell, W.S., 2001, Hydrologic and Salinity Characteristics of Currituck Sound and Selected Tributaries in North Carolina and Virginia, 1998-99, U.S. Geological Survey, Water -Resources Investigations Report 01-4097, 36 p. Currituck County, 2012, Digital Color Aerial Photography. Seagrass-Watch Percent Cover Standards, 2010, http://seagrasswatch.org. RECEIVED DEC 2120V DCM- MHD CITY -- 075° 31' 00.00" W 075" 30' 00.00" W 075" 29' 00.00" W GO,A Associates, P.C. CNGINEERING • [OXSIILLING " PlM'NING :NVIRONYENUL SCIENCES - SURVEYING PNen,: (252) 251-3. - / - 1 0 fac (M) i61-1360 — w,e: "v.R Ibla—m rr I ) z 0 0 cn (t' h r /} JEFF LEWIS PROPERTY j. h r dig t o stand d%7l `c1 i o c� Y yn 6 Gibbs Pt / �� � i is •s 1�i' xj !I 1 ) 4 Received RECEIVED , ' •�" t ,, .. Decill jt6n21 1017 I' IN o N Gsi _ ,gf�iP1 'i o s MHM CAT No00c f in o •+ SCALE 1:24000 •'�, r � ' ,rg✓ �� 0 1MILE 0 1000 YARDS ej ,•'1 qn �+ 1 � %; MN 10.77" W 1y9 r�I ham,. 0 1 KILOMETER 075" 31' 00.00' W 075" 30' 00.00" W 075" 29' 00.00" W Name: BUXTON Location: 0350 22' 03.31" N 075" 30' 13.72" W Date: 09/21 /17 Scale: 1 inch = 2,000 ft. G M L 2008 D n1: ruon ,:\2016\P16102\0rawings\p16102- CAMA.dwj WME Ro for Hamra WeaOwr S mkw 0I OMM Sap 1, 2016 W Sp. 6, 2017 N �wwa Leal 1: • : • ..� • herr � �i�x� .,, � � � � r Fy )�6..:. �, , j +•} it »L J .`, " 7 . I v v v W W l W v 1 4 W✓ W/ W\� -. ✓ ✓ . �\ v v v .v v W Y WI t r ! W _ •'�� LL ,.. �- V C�\''/Y���'�ritl, .� � J/y v �" v� W "" alit ��'(j pq+/ y�C} pl.Y..� VOR l• � ��yy ppe�rr t N ,y as z ry � PROJECT COPYRIGHT ® 2017 OUISLE h ASSOCIATES, P.C. 3AV BXEIM - FIGU" 2 P 16102 THIS DOCUMENT IS THE PROPERTY OF uible SINCE 1959 O&ASSOCIATES, P.C. ANY 39020 WINDY LANE ION OF THIS DOCUMENT IS DHAWM1 By ALTERATION PROHIBITED. & Associates, P.C. JTM/OTH IF THIS DOCUMENT NOT SIGNED AND Pm Lim BEAQmVa A�ALTS SEALED BY A LICENSED PROFESSIONAL CHECKED BY THEN THIS DOCUMENT SHALL BE AVON DARE COUNTY ENGINEERING • CONSULTING ' PLANNING ENVIRONMENTAL SCIENCES ' SURVEYING NOT A WIDE CER�E FIDERED DOCUMENTMAND SHALL NOT NORTH CAROLINA NC License#: C-0208 BE USED FOR CONSTRUCTION, 0 SO 1O0 PO Drow6r 870, Kitty Hawk, NC 27949 „q : RECORDATION, SALES OR LAND Phone: (262) 491 -8I67 9/6/17 CONVEYANCES. NOT ess orHERwsE GRAPHIC SCALE IN FEET 1"=50 Fa.: (2s2) 49t—g146 E—Mail: x: (25 str 491— uible.tom Received: 12/29/17 State Historic Preservation Office Roy coo ,emR MICHAEL S. REGAN � Sreretary —�' BRAXTON C. DAVIS Coastal Management Director ENVIRONMENTAL QUALITY December 19, 2017 ER 17-3114 luf slu f11T7\�L71jur TO: Renee Gledhill -Early Due -- 1/9/18 NC Department of Cultural Resources A - FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jeffrey Lewis Project Location: 39020 Windy Lane, Avon in Dare County Proposed Project: Construct two 30' wood and vinyl breakwaters, planting of wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Matthis at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. Al —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 / SIGNED 1�"""' DATE 1 ' 10 ' ✓" Nothing Compares ._ State of Noah Carolina I Environmental Quality I Coastal Management 4015.Griffin 25226439011E125-331-2951 If.) JAN 0 2 2010 Bodnar, Gregg From: Dunn, Maria T. Sent: Monday, January 29, 2018 3:18 PM To: Bodnar, Gregg Subject: RE: Jeffery Lewis project G regg, The changes addressed many of the concerns presented during the permit application review. We have no more comments on this modification. Thanks. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www. ncwi Id life. orcl Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, January 29, 2018 1:20 PM To: Staples, Shane <shane.staples@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Subject: Jeffery Lewis project Afternoon all, After consultation with Warren Eadus we have a redesign. Attachment is 11x17. 1. Breakwater moved to the -1ft at NWL 2. Commitment to replant as necessary (potential to be conditioned as well) 3. Platform moved waterward of breakwaters and out of the restoration site Please comment back asap and as always thanks for the additional work. G regg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management CoaitalUanagement. ENVIRON MENTAL QUA IITV 'December 19, 2017 TO: ia.Tripp Dunn Wildlife Resources Commission, ROY COOPER .. _ _. ..- Gmamor My CHAEL. S. REGAN Sruerniy BRAXTON C. DAVIs n�<re: FROM: Doug Huggett, Major Permits Coordinator c(o Gregg Bodnar, Assistant Major Permits Coordinator ,Division of Coastal Management SUBJECT: &'FILL Permit Application -Review Applicant:. Ji effrey Lewis: Project Location: 39020 Windy Lane,:Avon in Dare County DEC 2017' - ..��e�CiG4t Proposed Project: Construct two 30' wood and vinyl breakwaters; planting of wetland vegetation along, thenearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. I Please indicate below',yI ur agency's position or viewpoint on the proposed project:and'return this form by 119/18 to 400 Commerce Avenue, Morehead Citv,-NC 28557 (fax: 252-247-3330). If' you have ,any questions regarding the proposed project, please. eontact.Lynn:Matthis at (252) 264- �390i. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection tothe project as,proposed. 1 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 I- t DATE ^-'"Nothing Compares.w . <-State of Noah Carolina I Environmental Quality I Coastal M=9001ent. 401 S. Griffin St., Ste 3001 Obzhcth City, NC 27909. 252364-39011252331-2951 [fax] North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director. :MEMORANDUM TO- Gregg:Bodnar Division of Coastal Management North `Carolina Department of -Environmental Quality r FROM: Maria T: Dunn, Coastal Coordinator Habitat Conservation Division DATE: January3, N1,8 SUBJECT: CAMA Applicationfor'JefrLewis, Date County, North Biologists With the North Carolina Wildlife Resources, Commission (NCWRC) reviewed the perm t;application wit. 1regar4 to impacts on fish and wildlife resources. 39020 Windy Lane, adjacent the Pamlico' Sound in Avon; NC. Our cornrnents are provided in -accordance with provisions of Coastal Area,Management Act (G.S. `1'13A-100 through. 113 A-1 28), as. amended,. Sections 401 and 404 of the Clean Water. Act, as amended, and:the Fish and Wildlife. Coordination Act (48 Siat. 40.1, as amended; 16U.S.C. 661 et,seq.). The applicant proposesrto construct two'30' vertical breakwaters to curtail erosion; within a cove, Thebreakwaters Would be constructed outside of the SAY babitat area with 1" gaps per F of breakwater and a 10' break between the two structures to allow adequate.watdr flow and aquatic passage. The breakwater distance from the shoreline:,is set at a maximum of 70',fromshore; Marsh.plantings are proposed within a 3,9,00 ftz area landward the breakwater,, but only within Water depths of-15' and less.; In addition to the shoreline stabilization, a 42' pier extension and 10' by 10',platform with two access stair's over the marsh restoration area are proposed. The Pamlico Sound in this*ea.is ;classified SA by the Environmental Management Commission and is open to shellfish harvesting: The NCWRC has reviewed: the permit application and does notobject to the construction of.the breakwaters and planting of marsh grasses, as directed in the pre -application meeting and ail Service Center • Rate - Fax: (919) 701-0028 I presented in the permit application. However, we have concern with the pier extension and platform construction over the restored marsh area Generally, our agency does not support platform construction over marsh and the encouragement of access into a restoration area. Improved pedestrian and kite boarding access use within the restored area is not conducive to restoration. Therefore, we request the pier extension be reduced to a length more similar to the structure's previous length or a length that does not terminate into or over marsh. 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.dunn ncwildlife.orQ Bodnar, Gregg From: Staples, Shane Sent: Monday, January 29, 2018 1:43 PM To: Bodnar, Gregg; Dunn, Maria T.; Scarbraugh, Anthony; Pelletier, Josh R CIV CESAW CESAD (US) Subject: RE: Jeffery Lewis project Looks good. I have no further comments for the modification. Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples(ncdenr.00v 943 Washington Square Mall Washington, NC 27817 -"'Nothing Compares - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, January 29, 2018 1:20 PM To: Staples, Shane <shane.staples@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US)<Josh.R.Pelletier@usace.army.mil> Subject: Jeffery Lewis project Afternoon all, After consultation with Warren Eadus we have a redesign. Attachment is 11x17. 1. Breakwater moved to the -lft at NWL 2. Commitment to replant as necessary (potential to be conditioned as well) 3. Platform moved waterward of breakwaters and out of the restoration site Please comment back asap and as always thanks for the additional work. Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality N� Coastal Management ENVIRONMENTAL QUALITY December 19, 2017 UI Il 1 t _WHII)111 TO: RECEIVED DEC 2 G 2017 DCM-Fisherles WARD Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO ROY COOPER Govemor MICHAEL S. REGAN secmtary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jeffrey Lewis Project Location: 39020 Windy Lane, Avon in Dare County Proposed Project: Construct two 30' wood and vinyl breakwaters, planting of wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/9/18 to 400 Commerce Avenue Morehead Citv. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please'contact Lynn Matthis at (252) 264- 3901. When appropriate, in-depth comments with supporting data are reggested. REPLY: This agency has no. objection to the project as proposed. This agency has no comment on the proposed project. �"s 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 mments. SIGNED DATE -^�Nbthing Compares.. . stateofNmlhc=NnolFnvhnmeotd QuawlCoastalma gnaw 401 S. G iffm St., Ste 300 I Dkakth MY, NC 27909 252-264-39011252-331-2951 [ful r< CoasfalManagement tW)t0Nnetmu caauTN uI uUT:aO111 TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM:. Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Jeffrey Lewis DATE: 1/8/18 Ray G PER: MICHAeL S'.REGAN AWMY BRAXTON 0. DAVIS DMOV 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 has proposed two 30' long wood and vinyl breakwaters a maximum of 70' waterward of NWL, planting marsh grasses in the area being the breakwater to encourage marsh restoration. Also proposed is a pier extension with platform and two sets of access stairs from the platform to the bottom.. The stairs are proposed as water access due to the traditional use of the area being a wind surfing access point. The two break waters will span across a small embayment caused by erosion. SAV surveys conducted by the applicant and verified by DCM fisheries show the project should have no to very minimal impacts to SAV in the area: DCM fisheries has no direct objections to the project as proposed but would recommend some changes to the pier and platform configuration. While during scoping the applicant was ancourage to potentially extend to the pier to regain some sections lost when a barge impacted and to reduce foot traffic through the marsh restoration building a platform and increasing the. shaded area in the marsh restoration area of the project is counterproductive. Additionally, two stairways will encourage foot traffic along two pathways in the marsh restoration area. To reduce overall project impact and to give the marsh restoration the best chance at success it is suggested the platform be removed -'from the proposed project to reduce the shaded area and that only one stairway be constructed at the terminal end to reduce the number of footpaths through the marsh area. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. Stale of North Caroline L Fn*Q onentW( imlity I Coastal Management Washington Office 1 943wash"tcbst;uake Mall Washingtor;Nonh Carollnr27889 '352t946:6481 CoastalManaye7aent (NVIRONKINTAI OUA�IIY December 19, 2017 MEMO TO: Lee Padrick Assistance Division of Community RGv COOPER r 1..,T...... MICNAEL S. RHGAN S..nnry BRAXTON C. DAVIS Amrnn Doug Huggelt, Major Permits Coordinator FROM: c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGC & FILL Permit Application Review Applicant: Jeffrey Lewis Project Location: 39020 Windy Lane, Avon in Dare County Proposed Project: Construct two 30' wood and vinyl breakwaters, planting of wetland vegetation along the nearshore, construct a walkway/pier extension/platform with two sets of stairs within the area of proposed wetland vegetation plantings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 119119 to 400 Commerce Avenue Morchead City NC 25557 (,ix- 252-247-3330 . If youbave any. questions regarding the proposed project, please contact 1. , n n A I.0 1his at (252) 264- 3901. when appropriate, in-depth comments with supporting data arc requested. REPLY: This agency has no objection to ale project as proposed. Z,ffffhis 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 l�" "7 -�Nothing Compares� S1na OrN1tlhc=1WIrnim1wmm1 QuotyI Cm lma"A.1.WI 401 S. Grilrui sL, st90001 OUWOi City. NC 27909 --- 2y2.209-79011232.171.2971 Iro,l : ' ,. February 6, 2018 Regulatory Division Action ID No. SAW 2018-00161 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Jeffrey Lewis for Department of the Army authorization to construct two 30 linear foot vinyl slotted breakwaters approximately 25 feet waterward of NWL with associated marsh plantings, adjacent to the Pamlico Sound, located at 39020 Windy Lane, Avon, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. r 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pernuttee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management NOT A CAMA PERMIT Water Resources ^ Environmental Quality January 25, 2018 Jeffrey Lewis 54 Eucid Avenue ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director D W R # 18-0024 DARE County Westwood, NJ 07675 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lewis Property — 39020 Windy Lane, Avon Dear Mr. Lewis: You have our approval for the impacts listed below for the purpose described in your application dated December 19, 2017 and received by the Division of Water Resources (Division) on January 2, 2018. These impacts are covered by the attached Water Quality General Certification Number4144 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) Type of Impact Amount Approved Amount Reduced Plan location/ (units) (units) Reference Permanent Temporary Attached Open Water OW1(two breakwaters) 0 (acres) a60 ft2u 0 (acres) OW2 (Walkway, Pier Extension Sheet 1: CAMA with Two Sets of Steps) 0.01(acres) 0 (acres) MAJOR PLAN 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4144. 115A NCAC 02B .0507(c)) State of North Carolina i Environmental Quality i Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, Noah Carolina 27889 252-946-6481 JEFFREY'LEWIS bW13#48-0024 401 APPROVAL Pagel of 3 Continuing Compliance, 3. Turbidity Standard The,Permittee shall adhere specially to 15A'NCAC 02B..0220 Tidal Salt Water Quality for Class'SA Waters (3)(g) pH: shall be ,normal for waters in the area, which generally'shall range,between 6.8 an&8.5 except that swamp waters may have a pH.;as lowas:4.3 if it is the resukof natural conditions; (1) Turbidity: the turbidity 1p the receiving -water shall not exceed'25 NTU; if turbidity exceeds this level due to natural background conditions; the ;eAsting turbidity level shail'not be increased.. [15A NCAC 02B .0220] Other Conditions, 4. The applicant :and/or authorized agent shall provide a ,completed Certificate of Completion form to the Division within: thirty (30),days of project completion,(avai.lable at: http://Dortal.ficd6ne.oeg/web/wo/swa/ws/40i/certsandpermits/apply/forms).. [15A S. This',approval and: its conditions are final-and.;binding unless contested., [G.S.143215.5] These,Certifications can be.contested as;provided'in Articles 3' and 4 of General Statute 1506, by filing a written petition foran administrative nearing to the:Office.of Administrative Hearings (hereby,known,as OAH). A petition form may be obtained from the OAH at http.Nww.ncoah.com/:or.by calling the OAH Clerk's Office: at (919)-431-3000 for'information. Within sixty (60) calendar days of receipt of thisnotice, a petition_ must be filediwith the,OAH. A petition is considered filed when the original and one,(1) copy along with any applicable=OAHfiling fee is received in the 0'AH _during normal;office hours (Monday through Friday between 8:00am and 5'00pm, excluding official state holidays). The petitiiorrmay be faxed to the OAH at (919) 431-3100, provided the original and one c6py ofthe petition along with any applicable OAH filing fee is received by the OAH within•five (5) business days following the fazed transmission. Mailing -address forthe OAH: If sending via US. Postal Service: Office of Administrative Hearings 6714.Ma il,Service,Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings. 1711 New Hope Church Road. Raleigh; NC 276.09-6285 One (!),copy of the petition rnustalso.be served'to:DEQ: William F. Lane,.General Counsel Department of Environmental Quality 1601.Mail Service Center Raleigh, NC 27699-1601 JEFFREY LEWIS DW RJt 180024 4o1 APPROvAL ,Page 3of3 This.letter completes the review of the Division under section;401 of the Clean Water Act. Please;contact Anthony Scarbraugh at •252-948-8k4 or anthonv:scarbraueh@ncdenr.aov if you have.,anyquestions or concerns. Sincerely, David May, Regional Supervisor Water Quality Regional Operations Section' Division; of, Water Resources,,NCDEQ Enclosures: GG 4144 - - Certification.of Completion cc; Gregg Bodnar, DCM Morehead City Office (via email) Lynn Mathis, DCM Elizabeth City (via e1.mail) Samir pumpor, DEMLR WAO, (Via.email) Josh Pelletier; USACE-Washington Regulatory Field Office (via e-mail) Laserfiche, File "z '4rF=�ao'�v . r•^ . E' SA A soo{'�. - r '4y':�. ) � .. k ',. F � •-..>�� (� � � �,� � � \ `� , .� � cal � +�"ia �t' �� iV'� ti '_a' E� �• A` .9Z9 YoS rAn�,0 .o�l e° I r .I 'r 1, 4C4�' k Y 1- •. s 4 E�"a .: '*`+i,' Lq / E,� .E `✓ sj E!E! ct, :. ;aCL +�/r E ""k •« f_"�t .9aM x ,_+' tr/'Y`' a li / E 6 illj �_ ♦ 'Ll • °� � `�';,.�" f . E \ 451, .. a.. -d v. 9 ,• ` ° _ '* E�� .. e ,;�, u; i �,\ q .. a t / E rE E 1 - + (-Y'.',rF`• F 1�„� ��� �. � � Ee r 4 E mb, r i ,G'-,°y f y�+ r 'g 45' E + .ax 4 E E E 6 E E`4EA�F'fg4 ,Earg"E/E r'F+'�Nr r'A" •,F x d E, . '+ �t EN tE e1�� • V a ISs �a Nµ'\OIL o y t7 mo« y1 � kn H F OF 1 PROJECT COPYRIGMTC2019 .� I CAM MA70R PLAN DIPOLE a ASSOCIATES. P.C. SffiT _ PI6102 THIS DOCUMENT IS THE PROPERTY OF v Quible SACS-, OVIDLE L ASSOCIATES. PC. ANY (�/� ��p��� ♦ ��p L'% GRALVN v ALTERATION Or THIS OOCUNENT 0 39020 lnvDy LANE ^ N C r o- A PEP T IS ED. Z �•" L & Associates P.C. m/oTH IF THIS BY A LINT Is NOT SIGNED AND JEFP LEWIS PROPERTY + SEALED er A LICENSED PROFESSIONAL Z > ? ENGINEERING a CONSULTING • PUNNING NECKEDWIDE BY CTHEN THIS ONSIDERED DOCUMENT REMNARY. NOT p KINNAKEET DARE COUNTY { G ENVIRONMENTAL UT hnA.j:SCIENCES a SURVEYING WIDE CERTIFIED DOCUMENT AND SHALL NOT NORTH CAROLINA D NC Licenv8: C2208 BE USED FOR CONSTRUCNON. O JO 80 z % PO 0—er 890. Nty Hewk. NC 27919 DATE RECORDATION, SALES OR ltiD �1 •^�' /V Phone! (252) e91-BLI CONVEYANCES: UNEESS OTHERWISE K' FOR: (252) 491-ales 12/$/f7 NOTED. GRAPHIC SCALE IN FEET 1-v30' E-NnB: gemmtsrnrorOqu;bi..mm 1 HC.K11vlsion of Coastal Management 'AaJor Permit Application Computer Sheet (IIJ0112012) Applicant defffeyLewls Date: 92/132017 project Site: Dare County - Avon Staff., Lynn Mathis Distdcf: Elizabeth City ❑ Washington ❑Marehand City ❑ Wrimington Project Name: NIA I Rover File: WA I Lot., 36' 05' 09.09" W Long.: 76' 22' 3Z l4' W flats oflniffal application submittal (EX: 9!8/2007). 11/27/2017 Date application 'received as complete" kl the Field otffce (EX. 11WG07): 12107P20t7 Permit Authodzatfan: CAMA Dredge & FII ❑Both SITE DESCRiPTiCNJPERMIT INFORMATION pNA: ❑Yea ®Na Photos Taken: Yes W No SetbsckRequtred(dparian): []Yes ❑ No CifficatHabitat: ❑Yes ❑No ®Not Sare 15 foo( wsiverobtained' Yes No Hazard Nourmation Returned: ❑Yes ❑No NIA SAY: ❑Yea ®No ❑Nat Sure Sho#Botfom: LJYes ®No ❑ Not Tempcnuylmpacta: ®Yes ❑No sure Sandbags: ❑Yes ®No No( Sure Did the land use classification come from Mitigation Requirad(Wonei): ccun(yLtJP: ®Yes ❑No ❑Yes ®No Moratorium Conditions: Yes P91vo Env(ronmenfafAssesamentDone: [:]NA OYes ❑No❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of4) Future wafer Supply (FWSJ ❑ Nutrient Sensitive Wa(ers (NSW) Swamp Wafers (SM ❑ High Quality Waters (HQW) ❑ outstanding Resource Waters (ORA9 WETLANDS IMPACTED ❑ (4w) Corp. ofEnginsers (Judsdkifonal ❑ (LS) See lavender (LimanlumGA) ❑ (SS) Gtesswort (Salicomis sp.) wetlands) ❑ (CJ) Saw grass (Cladiurniemaicerrse) (SA) 'aif marsh cordgmas (Spading ❑ (SY) Salt reed grass (Spet"na aftemitlme) cynosuroWes) ❑ (OS) Salt or spike grass (Disfichils (SC) Bultrush or fhma square (Wipus ❑ (T57 Cattail (Typha sp.) OWN ap•) ❑ (JR) Black needlerush (Juncos (SP) Solymeadow grass (Spertina roemedanus) patens) APPLICATION FEE ❑ Ato fee required - $0.00 Af(A) Pllvate W/D&F up to t acre; 3490 can be applied - $250 ❑ AI(D) Pnv. public orcomm w/D&F to 1 acre; 349D can't be applied - $400 ❑ MinorModiitcalfon to a LAMA Major Mq(or I4ladigcation fo a CANA Major ❑ IVAny hand valoopant involving MF of - pelmif -$100 permit - $250 ❑ pemrit Transfer- $100 ❑ III(B) Public orcommerciaf wlO&F to 1 D EXco7039 Permit- S20n0 acm; 3490 can be applied - $400 ❑Major development extension request - it. pubilcorcommorcWnodmdge $ 1Q0 andlarTill - $400 ❑ 1. Pdvate no dredge and/or8lf - $250 Iil(C) Pdv. public orcomm w JD&F to 1 acre; 3490 can be applied,' DCM needs DWQ agreement-$400 J s Describe below the ACTIVITIES that have been applied W. AM values shouldmntch the dimension order, and units of measurement found in yourActivities crude sheet. TYPE R1:PLACE. Activityflame Number Choose Choose Dimension 7 Dimension 2 Dimension 3 Dimension Ono One Bmakwaler 2 New Work ® Replace 30, f' Malnt ❑ ❑ Y ® N Walkway l N9WWOrk Replace 30' 8' Mimi ❑ Q Y S N Pier j New Work® Rapram 12' 8. Maim ❑ ❑ Y ® N Plaffalm j Now Work® Replace to, 10' Metal ❑Y®N Stairs 2 New work Replace q- Marnt ❑ ❑ Y ® N New Work❑ Replaco htalnt ❑ ❑ Y ❑ N New work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Repraoe Will El ❑Y❑N AbwWark❑ Replace MAW El ❑Y❑N - —NaW—Wb-1kTF Replace Maui ❑ ❑ Y ❑ N New Work [I Replace Mafnt❑ ❑Y❑N New Work El Waco Maint [] 0 Y ❑ N New Wink❑ Replace mini ❑Y❑N Now Wolk ❑ Replica WIN ❑Y❑N New Wofk Replace Maim ❑ ❑ Y ❑ N Now Work ❑ Replace moot ❑ ❑ Y ❑ N New Work ❑ Replace Maim❑ ❑Y El Naw Work El Replace Malnt ❑ ❑ Y ❑ N New Wink Replace Maim ❑ m Y [] N New Work ❑ Repraca Metnt❑ ❑Y❑N oewdbe beiowthe i4AHITAT disturbances forthe epplicetion. All values should match the name, and unfts of measurement found in yourNabitat code sheet. t r' Habitat Name DISTURB TYPE Choose one TOTAL Sq. Ff, (App4adfa: 018lurbence total ntcrudesdole anf7cfpated resloration or to i FINAL Sq. Ff. (Andadvted8eel dfsludranoe. Excludea any raslamflon ondhrlemp iMsaf amount_ TOTAL Feet (Apptiedfar. Diattrrbance totaiincludes anyanlicipaled rsstoretion or lemp bpadziemoun FINAL Feet (AniMpotedSnsf disturbance. Excludes any rasforettonanw" lamp Impact Shaflow8ottonl Dredgs ❑ Fig® troth ❑ Mar ❑ Gtlsf fi0sf Open Water Dredge ❑Alt ❑Both ❑OthadSheds 204sf 204sf High Ground Dredge❑Far❑Bmh ❑Qlher/Shade ® 480sN 1808f ShareAne Dredge❑ M❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Sheila ❑ Dmc@o❑ Fie❑ Bath ❑ Qthof ❑ msi@s ❑ Piti❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge [I Fitt ❑ Both ❑ Other ❑ Dredge ❑ ME] Both ❑ Oher ❑ Dredge ❑ Ali ❑ Both ❑ other ❑ !kedge ❑ FiH❑ Both ❑ Other ❑ Dredge❑ nil Daft; ❑ other❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Rff ❑ Bofh ❑ Other ❑ M I ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 1 hereby certify that I own property adjacent to 's (Name of Property Owner) property located at 3q0 (.J I�a� Land (Address, Lot, Block, Road, etc.) on P0.Y -vt''o , in —Avon N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. _X I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) LVZ -<;r 'S die r u rry c nLu%% of S sad LP4�,s' wr/J Hof' re d�ec� iP w ac A:z�er a-d �rtoLe i rah a10 /tee o„rJ cc.-s t"z os pe'J' 6F ,�r�r}j _A�1%' bpsn Eve hie recn r a c;�V Ad, jf- emirs /�sre . due w./I out fir+¢ fi {yat� our cYty� Gc�Setir� co,�/p¢� a.,mJ a ip�,�j. �e t-�u.�l d"I��s�� � j�-o/x,�.Ji> j c:�F �ltn 6✓e�a,�'u���s cars, -�/vs dc✓r�c �e Czzs� cF-Al-6 /e L' a. y� 1tuy WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or rofnA must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) x I do wish to waive the 15' setback requirement. �v o»�G4�r� wclre I do not wish to waive the 15' setback requirement. (Property Owner Information) "Valid for one calendar year after signature' (Adjacent Property Owner Information) Signah� � �R Print or Type�v�,,e MaAd�Iree,ss�ss tz"r, "2&27�) CityVState/Zip _ 0j 7v - !ate - lv5 7&z�eo /3t� rJS�r�, Telephone um er/email address ,x` Dare- (Re�sRECEVED JAN 10 2018 DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Sega=j f p 1S 's t (Na of Property Owner) property located at 3�% IN 1 �d`d Lavit (Address, Lot, Block, Road, etc.) on ay"WD in Avon N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the eived location. I have no objection to this proposal. DEC 1 3 "_ x_ I have objections to this proposal. OF (Ini Ji" we" -d-u "�ear,'s ,-/e p1DDuvos� -7,D -zty� eoF' 1Pu0:s' &B-A'z A6 . /Ur' are nD-j- 4>gr1Aea7' -#-M-h i115�6T//. ?�✓e ;�� rS W/)) no-i" re-dw'ec� -Ar FoW eP4 kx�e;- oral 2/e'W& die 04 -AP Fdvoff� //� 0fJ c+s .zrr-, OF we /ate sewured d c�/ oF�/�ie Curble /e� �r�i �- cues �ils isste . Gee w;/J ouen� met )-w'- 'Ccv�'ad &-d a re� WAIVER SECTION 'J2°� vow I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or grof must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) x I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Dare, 'Valid for one calendar year after signature* (Adjacent Property ownerInformation) Signahr�,�� Telephone plumper/email address Date* (Revised Aug. 2014) a Add a tracking number 0 70072680000259298780 0 Delivered: BELFORD, NJ 07718 on February 3, 2018 at 1:52 pm Expected Delivery by: Saturday, February 3, 2018 by 8:00pm 70072680000259298773 Delivered: CHARLOTTE, NC 28277 on February 5, 2018 at 4:01 pm doYs = 3-l7,%r8 X 0 0 UPDATED 217120181:09 PM U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail only; No lnsorance Coverage Provided) - For dplivcry information visit our we t site awww.as 1 ' •)•�1 ps.com- 1 1 1 1 1;1 - 1 1 �'7 Z U.S. Postal Service CERTIFIED MAIL., (oomeslicMarfOnty;l�olns RECEIPT For dcu.; �,rr tatorrnatle„ vsq ca uraoce Coverage ProWded) i• 1 i '. ba:!e al U,pscem�. 1. 1 1 Ir I✓' � 1 t a , RECEIVED FEB 7 2018 MP SECTION MHD Quible Quible & Associates, P.C. • PUMM • SWNE%74G ONCE 19% CERTIFIED MAIL January 30, 2018 Robert L Dean 5611 Red Osier Ct. Charlotte, NC 28720 Dear Mr. Dean: r.O. DpNer 070 gilt' HaA NC 27M Ph ee 25249"147 F=2YV9"tO web: gAla o This letter is to renotify you, as an adjacent riparian landowner that Quible & Associates, P.C., on behalf of the landowners, Jeffrey Lewis, has revised the application for a CAMA Major Permit for his property located at 39020 Windy Lane in Avon, NC 27915. Proposed work requiring a CAMA Major permit includes the extension of his existing pier past the proposed breakwaters with a platform at the end, two slotted vinyl breakwaters to be placed offshore (relocated closer to shore), and emergent native wetland plantings between the proposed breakwaters and the existing shoreline. All proposed work meets the pertinent CAMA setbacks and requirements and is shown on the attached plan. Should you have any comments related to this proposal, please send your written comments to the CAMA Field Representative, Ms. Lynn Mathis, 401 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date the attached Adjacent Riparian Property Owner Statement and return one copy to: Troy Murphy, Ouible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be Interpreted as no objection. Sincerely, Quible & Associates Troy Murphy RECEIVE® FEB 7 2018 MP SECTION 1WH® Quible Quible & Associates, P.C. ENGNEea1G • 8 VIROM EN1ALSCENCES • PLANNING • MWE9@7G .SINCE 1959 January 30, 2018 Richard C. Prata 157 Sea Bird Ln. Belford, NC 07718 Dear Mr. Prate: P.O. Da 670 19NY Yl9v4c NC27949 '.262d91-0147 Fm: 2U M -0146 This letter is to renotify you, as an adjacent riparian landowner that Quible & Associates, P.C., on behalf of the landowners, Jeffrey Lewis, has revised the application for a CAMA Major Permit for his property located at 39020 Windy Lane in Avon, NC 27915. Proposed work requiring a CAMA Major permit includes the extension of his existing pier past the proposed breakwaters with a platform at the end, two slotted vinyl breakwaters to be placed offshore (relocated closer to shore), and emergent native wetland plantings between the proposed breakwaters and the existing shoreline. All proposed work meets the pertinent CAMA setbacks and requirements and Is shown on the attached plan. Should you have any comments related to this proposal, please send your written comments to the CAMA Feld Representative, Ms. Lynn Mathis, 401 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. , If you have no objection to the project, please sign and date the attached Adjacent Riparian Property Owner Statement and return one copy to: Troy Murphy, Quible 8 Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 3o days will be interpreted as no objection. Sincerely, Q Quibl e & Associates, P.C. rT oy Murphy RECEIVE® FEB 7 2018 BAP SECTION IV HD ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Lt,' .s 's (Na a of Property Owner) property located at 3�"l02a L✓'ta�( G4kC /7 (Address, Lot, Block, Roa�jfluc, etc.) on 10wlto Sa^d in -� ,N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill In description below or attach a site drawing) RECEIVED FEB 7 2018 MP SECTION MHD I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Vate Signature" Print or Type Name Mailing Address Cily/StatsMp Telephone Number/ email address RECEIVED IJa(e• (RavisedAug. POO) 7 2018 'Valid for one calendar year after signature' MP SECTION MHD MAJOR PERMIT FEE MATRIX Applicant: --1- L&"ts `p e4l- ZZ 2)Z� Selection Development Type Fee DCM % (14300 16014351000931625 6253) DWQ % (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Il. Public or commercial development that does not $400 100% ($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0%($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional RECEIVED review and written DWQ concurrence is needed DEC 21 2017 because of concerns related to water quality or life: If General Water y CertificationNo. $400 60%($240) 40%($160) 4aauatic (see attached) cannot lier development that El es the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: .k FXFMPT �O DARE COUNTY TAX `fi COLLECTO V� Recorded: 06/031201604:39:21 PM BY: Shares Wider Vanzolla McMurran, Register of Deeds Dare County, NC Fee Ant $26. 00 NC Exc Tan$0.00 BOOK 2098 PAGE 219 (3) 700026238 LTA d IIIIIIIIIIIR11111111�111�� Lend Transfer $ Excise Tax: S 0.00 r, This instrument 4%be mailed to the preparer: Dixon & Dixon Law Offices, PLLC; P.O. Box 750, Avon, NC 27915 ll��wThis Dad has ban prepwcd without a tide wmh or m opinion on title. Brief Description: Lot 2, Spmoer's Cove and Lot 67, Section 1, Hatteras Colony Parcel Number: 014357003 and 1 456000 File No.: LEW094316 NORTH JNA GENERAL WARRANTY DEED THIS DEED OF GIFT is made this _a daOff 2016 by and between: A6PW G. LEWIS, separated 58010ho Glen River t�raCe>�, NJ 07675 (hereinafter referred to in the neuter singular as "the Grantor' and JEFFMY H WIS 649 Midvale Coot, River Vsle, NJ i* (hereinafter referred to in the neuter singular as "the Grantee") : WITNESSErK that the Grantor, for a valuable consideration paid by the Grantee, the receiptofwhich is hereby acknowledged has and by these presents does hereby give, grant, bargain, sell and convey unto the Grantee, 'Ed eirs,successors, administrators and assigns, all of the Crramors interest in that certain lot or parcel of land situated in the Village of Avdot, Kinnakeet Township of said Dare County, North Carolina, and more particularly described as follows: See attached Exhibit A. 0 YAN RECEIVED Received OEL 0 1 °'.? DCM-EC DEC 21 2011 O o� DCM- MHD CITY Y�"u ,conveyance is made pursuantto N.C.G.S. 39-13.3, N.C.G.S. 52-10 and N.C.G.S. 52-10.1 in o dertowa title to the within described prlsjpn solely in the Grantee herein, free and clear of my right, tide and interest oftheGrantor herein. (Forpurposesofthisprovision, the "GrahN 1 shall mean any Grantor other than the individual Grantee spouse in whom title is to remain vested herein). This conveyance is made �`a�{` air and reasonable disclosure of the property and financial obligations, both real and personal, of each spouse to the other, as between frlirtee and Grantor. For this pu d with regard to the property and any interests and rights described herein or related thereto, by execution of this deed, the Grantor her 'ves, releases and quitclaims forever unto the Grantee(1) any and all right to share in the estate ofthe Grantee upon the Grantee's death aasrsyy22rovided in N.C.G.S. 29-14, or pursuant to a Last Will and Testament or codicil thereto of the Grantee, (2) all and I right to elect to & a life estate in said real estate upon the death of the Grantee, (3) all and every right to an elective share in the estate of the Grantee lllpu�lyart to N.C.G.S. 30-3.1 at seq, (4) any and all rights arising out of any action for equitable distribution under N.C.G.S. 50-20, (5) any I community, property laws ofany state, and (6) any and all otherrightsand imertwsin said real estate which the Grantornowhasormay have or acquire arising out of or accruing to said Grantorby reason of past, current or future marital relationship with the Grantee. ✓, The property herein described was acquired by the Grantorby deed recorded in Book 1409 at Page 7.37 and Book 1322 at Page434, in the Public Registry of Due County. TO HAVE AND TO HOLD the aforeeeid000rparcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor covenants with the Grantee that Grarl(dr is seized of the premises in fee simple, has the right to convey the same in The simple, that title is marketable and free and clear of all encu naY@P'ees, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the following ex DIM: VVVYl I. Ad Valorem taxes for 2016 and all subseq t years. 2. Subject to any easements and restrictive is as may appear of record in the Public Registry of Due County. IN WITNESS WHEREOF, the Grantor has hereunto set his ban sea] seal, ✓j�0 (SEAL) $ ALINE G. LEWIS (� STATE OF NOW O W Q YSQ '.e f� COUNTY I, a Notary Public of the County and State aforesaid, certify that ALINE G. LEWI0�Gran"tor personally appeared before me this day and aclmowl god the execution of the foregoing instrument. Witness my hartd-ayp official stamp or seal, this day of �' 2016. CC My Commission Expires: 7" A- - /d 4- r$ out / Received DCMeEC AMJUSTIN NotaryA Public Notary Puua2c Stela of gar JUM w Germination Eapiraa Apr 12. 2021 �' oN u� Gq E d1J LU � U 0 Received Exhibit A DMEC Parc4M357003 All that %lot or parcel of land known as and being Lot No. 2 of Spencer's Cove Subdivision as shown on or plat entiled in part"Spends Cove, a Parcel of Land inAdantic Estates, Kinnakeet Township, Dai�County, North Carolina" by Quible & Associates, P.C. as recorded in Plat Cabinet D, Slide 284, l7a,- County Public Registry. 046 Parcel 013456000 All that certain lot of logether with the improvements thereon and being a part of the subdivision known as HatterQlony, Section 1, of the subdivision known as Hatteras Colony, of the Hatteras Land Corporationeq, shown on a map or plat thereof, dated January 17, 1964, by Baldwin & Gregg, Engineers and\ i[veyors, said map being duly recorded in Map Book 2 at Page 198, Public Registry of Dare Coun yp, pjorth Carolina, and being Lot No. 67. �q� d 0 d 0 o� RECEIVED DEC 21 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL OUALITY December 19, 2017 Jeffrey H. Lewis 54 Eucid Avenue Westwood, NJ 07675 Dear Mr. Lewis: ROY COOPER u,,,.r•.,,,,r MICHAEL S. REGAN s•c.-al,l BRAXTON C. DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 39020 Windy Lane, Spencer's Cove, Avon in Dare County. It was received complete on December 7, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 20, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 7, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED "Nothing Compares State of North Carolina I Environmental Quality I Coastal Management DEC 21 2017 401 S. Griffin St., Ste 300I Elizabeth City, NC 27909 252-264-3901 I252-331-2951 [fax] CC M- M I" I D CITY Jeffrey Lewis December 19, 2017 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Lynn Mathis, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Frank Jenning District Manager, Northeastern District NC Division of Coastal Management FJ/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Lynn Mathis, DCM, Elizabeth City, NC Troy Murphy, Quible & Associates, P.C. BEDEWED DEC 212017 DCM- MHD CITY ®�U T 1'Y' Nh 74A o g �e U PROJECT: construct two 30' long breakwaters, planting of wetland vegetation along the nearshore and the construction of a walkway/pier extension/platform with 2 sets of stairs within the area of proposed wetland vegetation plantings. C THROUGH January 13, 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Jeffrey H. Lewis �-a. Lynn Mathis 54 Eucid Avenue 401 S. Griffin Street, Suite 300 Westwood, NJ 07675 Elizabeth City, NC 27909 252-264-3901 Coastal Management ENVIRONMENTAL OVALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals@thecoastlandtimes.net FROM: Ella Godfrey DATE: December 19, 2017 SUBJECT: Public Notice: Jeffrey Lewis ROY COOPER MICHAEL S. REGAN s<-„rr„o BRAXTON C. DAVIS Director Please publish the attached Notice in the December 24, 2017 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File `''Nothing Compares State of Nonh Carolina I Environmental Quality I Causal Management 401 S. Gdffiu St., Suite 300 1 Eliaebeth City, NC 27909 252-264-39011252-331-2951[ax] RECEIVED DEC 212017 DC1W MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 12/7/17. Jeffrey Lewis proposes to construct two 30' long breakwaters, the planting of wetland vegetation along the nearshore and the construction of a walkway/pier extension/platform with 2 sets of stairs within the area of proposed wetland vegetation plantings, located at 39020 Windy Lane, Avon in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 1/13/18, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: December 24, 2017 Fk,ECENED DEC 21 zV I)CM_ MHp CITY Coastal Management ENVIRONMENTAL QUALITY November 27, 2017 Troy Murphy Quible & Associates, P. C. P. 0. Box 870 Ntty Hawk, North Carolina 27949 RE: Major Permit Application for Jeffrey Lewis Dear Mr. Murphy: ROY COOPER Gore etnor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for Jeffery Lewis, on November 17, 2017. My review has revealed minor deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. I am retaining the original application package so that I may continue reviewing the project. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: Narrative: Paragraph five states that the proposed pier and platform extension will be constructed in °the area of the proposed marsh plantings", and the drawings submitted show the platform terminating in the proposed marsh planting area. This would be inconsistent with the statement in paragraph six that states, "The pier extension is proposed to reduce foot traffic through the proposed marsh planting and ease access to the sound". The placement of the platform and stairs within the proposed planting area, and directing kite and sailboard user traffic into a wetland restoration area is inconsistent with the purpose and intent set forth in scoping meeting. Discussions with a few of the attendees indicates that the location shown in the application drawings was not discussed in the scoping meeting. A preferred location would be waterward of the marsh restoration area. It is not required that you make a change, but you should be advised that staff will communicate concerns and note the inconsistency with the purpose of offshore sills. The design to place the sill up to 70' waterward of normal -high water triggered the Major Permit review, but will not alter the standard conditions for such structures found in the GP 07h .2100 (Attached). RECEIVED DEC 0 4 2017 --,!'Nothing Compares State of Nut* Ceralim I Fm'u°°me°tal Qwhty I CO-W Mamgemeat 401 S Giffin Street I Suite 3001 Stab City, NC 27909 DCM- MHD CITY 252-264-3901 Troy Murphy Quible & Associates, P. C. November 27, 2017 Page 2 2. Drawings -Sheet 1: a) The narrative states that the plantings will be limited to within the -1' contour, please show or identify this on the site plan drawing/aerial. b) Sheetpile Sills are for shoreline protection ein conjunction with existing orcreated wetlands". The proposed pier platform and stairs within the marsh restoration area is in conflict with the intent of the rule. Not only is the platform and stair area within the restoration are, it is directly within the proposed planting area. c) Show adjacent riparian lines extending a navigation channel or an identifiable water contour at the required right angle. d) Identify the normal high-water line. e) All copies must be provided by the applicant when in color. 3. Miscellaneous: a) Processing of an application may proceed without the green "Certified" signature cards; however, permits may not be issued until our office receives the original signature cards. b) An application fee in the amount of $400.00 is required and payable to the NC Department of Environmental Quality (NC DEQ). Once the application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me at (252) 264-3901 if you have any questions regarding this letter, the permitting process or if you would like to meet and review the revised application packet for completeness. Sincerely, Lynn Mathis Field Specialist NC Division of Coastal Management Enclosures Cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Jeffrey Lewis, Owner DEC 0 4 2017 DCm" MHp CITY �"NothingCompares State of North Caroline I Environmental Quality I Coastal Memgement 401 S Griffin Snell I Suite 3001 Elizabeth City, NC 22909 252-264-3901 v: \aviv\r ivrva\��awmga\P iorv�- �mm�.awq ......... . rm ( ..00 �Z >�•+Z 2 Aymm>y ��6 K ti C m ol•> E s�EnC�A�Z gD III1IIII _8� 004, 's�y4R��Y>' �gzz�-JSHHoIff �O( 22 N QRZA tl 15.015.00'vi Hz m�Q GDrc z >Som inp Ulo zzm�F o i o'—AMa J m>mvso�0 51 Pm < A Z C2m wO v / 5 x A i < �00 / ¢ 0 0 I I Fi 1/ ' C Y,i, < H� < y� , ` I E E E 'n E A/ .E E E E * � \ E E E E < "77 E ( E E E E iaPE E < E E E E E < E < E E hE E E < < < ' —. •— < —< E E H E E < E E E �•� E E� E E < E < E E < < E E E E ND ♦ I O2 �� C < E E E E r zoR ox \E E E Co 0 E < E 0=� 5 8 0 o N � - D PROJECT COPY2018 OUISLH QRASSOCIGHT IATES, P.C. 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DRAWN BY OF DOCUMENT IS BI PROHIBITED. �O.I r O / OTi IF THIS DOCUMENT NO NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL JEPP LEWIS PROPERTY /w ENGINEERING a CONSULTING a PLANNING CHECKED BY THEN THIS DOCUMENT SHALL BE KINNAKEET DARE COUNTY ENVIRONMENTAL SCIENCES a SURVEYING W" CONSIDERED PRELIMINARY, NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION,F NORTH CAROLINA ,..I NC License : C-0208 PO Orower 870, Kitty Hawk, NC 27949 0 30 60 7DATE RECORDATION, SALES OR LAND NNN Phone: (252) 491-8147 �18 CONVEYANCES, UNLESS OTHERWISE "-30' ,�1 ~ Fax: (252) 491-8146 NOTED. 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ANY ALTERATION OF THIS DOCUMENT IS b m I'lluible Q SINCE 1959 39020 WINDY LANE DRAWN BY w & Associates, P.C. IST NOT r" JTLI/OTH IF THIS DOCUMENT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE JEFF LEWIS PROPERTY Z ti � 17, > Imo- ENGINEERING •CONSULTING "PLANNING ENVIRONMENTAL SCIENCES • SURVEYING CHECKED BY KINNAKEET DARE COUNTY WIDE CONSIDERED PRELIMINARY, NOT A CERT TITLED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, RECORDATION, SALES OR LAND NORTH CAROLINA "r" i--I > NO License#: C-0208 PO Drawer 27949 0 NTS NTS M1217 one70(252)Y 491W 8I47 CONVEYANCES, UNLESS OTHERWISE NOTED. GRAPHIC SCALE IN FEET 1"=NTS t< Fax: (252) 491-8146 E—Mail: adminisfrafor®quible.com \2016VP16102VDrawings\pl6102- CAMA.dwq 12/5/2017 8:46 AM Tmurphy W N 0Q � �, L IliyrJr�prl m m my O ]I A >S I mu'NS Z $ TAX -NC CRIbjNAD 83) tr I o > p mu t> o cm IrnD� m - >o uzi ego to"mao m ON_ m Om -UIR. 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GRAPHIC SCALE IN FEET 1"=30' o mo� r ui e & Associates, P.C. r in ENGINEERING a CONSULTING a PLANNING I"I Z ENVIRONMENTAL SCIENCES a SURVEYING 3 NC License/: C-0208 Z a> PO Drawer 870, Kitty Hawk, NC 27949 /"T: Phone: (252) 491-8147 rC Fax: (252) 491-8146 E-Mall: odminlslralorOquible.com 0:\2016\P16102\Drawings\pl6102- CAMA.dwg 12/5/2017 8:55 AM Tmurphy umi r��nn is mm 4 ti a1m�D�5 NN N�Sumi>[qZ ;FrZD>pa m�j W>am>ZOGn r m<F - QpRm1 2>mzm z 0z � Z> Z�ON D - Lr��nn VV O o �ori.gym Zm�c�i Me z > A �W>ms>m�N�m =e R"a'n;R =im�y 0 �.{ C I �,^y1�0vve-1 �IDm� N D l F5s°EF�4 Fi2r > > i mp ,^ }L�Z�tiy tL mrZID4m L m Ao �aM m �zzQ'Wyz vN�Ap� A < �mooz H mmmyp9EA v C AAA y' m 2 y�S-i aJ g z � yypD p r y0 O 1rO1n1p Z 9 .. Z 3' ih to C 1 's R A > r to F" N N z co co rA H v o A 0 m _ m � C3 m t) 0 m CAD = ��„ -Y m v o < En MCD J ♦ / Va CD V COPYRIGHT ©2017 QUIBLE & ASSOCIATES, P.C. SHM x DlrrAl P16102 THIS DOCUMENT IS THE PROPERTY OF QUIBLE & ASSOCIATES, P.C. ANY [S) {��jy uible SINCE 1959 DRAWN BY ALTERATION OF THIS DOCUMENT IS 39020 WIIVDY LANE PROHIBITED. O r e P.C.TM/0TH IF THIS DOCUMENT IS NOT SIGNED AND .TEPF LEWIS PROPERTY '"'' & L associates, 1 SEALED BY A LICENSED PROFESSIONAL ENGINEERING * CONSULTING * PLANNING CHECKED BY THEN THIS DOCUMENT SHALL BE KINNAKEET DARE COUNTY '� H ENVIRONMENTAL SCIENCES * SURVEYING CONSIDERED PRELIMINARY, NOT A WDE CERTIFIED DOCUMENT AND SHALL NOT NORTH CAROLINA 1--I NC License#: C-0208 , ^%' > PO Drawer 870, Kitty Hawk, NC 27949 DATE RECORDATION, SALES OR LAND O N� NB RECORDATION, > /�i Phone: (252) 491-8147 CONVEYANCES, UNLESS OTHERWISE 4� Fax: (252) 491-8146 BE USED FOR CONSTRUCTION 12�5�17 NOTED. GRAPHIC SCALE IN FEET 1e—NTS E-Mall: ad minletratorOquible.com 10l UL\Urawtngs\pIbl UZ- UAMA.OW9 1/18/ZUIU 2:49 PM Imurphy I •• y , , 7 Y' V • T N II �15.00 m � O J � f m A D) tpo rS9S I pSQ� Op iu{ 0 00g y7pm0y�u p m 0 O� ���CCC Ol ppQQ G m C S x D la �� g IA I WT v m F I 0 m2'CC z C>jrM N i-C z _ h IR IT EBO 1 �vay�m $ i y in g=NoF9 A � g I I >� I tow I g 0 Z m E v vxo I E E E E / o0o I F E E I / E E E ' •' /✓ f J E i f E E m /E e t. E�E E E �•' •_ E E 1\\\ ATo ) ,K// E I / \ m 0 \ E � X'A f- E E 0 \ fZ E < A E E E E E E E E E E E E e F < E E \< 1 E < / E < < < < F F �•_.�._.E E I•� E E� E E F OHL < < E E < E E E E E E I< E < E E E E 1 V d < f E E E E W b -- �_ . L a� E E E E E E ._ Ala1- T z R I �4 b F, ' /6ij•S47/ ,Z>jm O E E < ZD 4 �>00 -0 O N {± D " p, r PROJECT COPYRIGHT © 2018 QUIBLE & ASSOCIATES.P.C. MW L A hWOR E b P16102 THIS DOCUMENT IS THE PROPERTY OF ro SINCE 1959 ul e ����}� 39020 VngDY LANE OUIBLE @ ASSOCIATES, P.C. ANY ALTERATION OF THIS DOCUMENT IS 0 DRAWN BY PROHIBITED. 1�y ry 0 r AA essociates P.C. JTm/OTH IF THIS DOCUMENT IS NOT SIGNED AND JEFP LEWN PROPERTY OL A* SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE ENGINEERING * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES * SURVEYING CHECKED BY KINNAKEET DARE COUNTY WDE CONSIDERED PRELIMINARY, NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, NORTH CAROLINA ^ NC License : C-0208 A PO Drawer 8: 52) Hawk, 47 27949 Phone: (232) 491 -8f47 0 30 80 DATE RECORDATION, SALES OR LAND CONVEYANCES, UNLESS OTHERWISE ~, FC Fax: (282) 491-8146 1�18�18 NOTED, GRAPHIC SCALE IN FEET 1*-30' E-Mall: adminIsImforORuible.com G DCM MP-1 APPLICATION for Major Development Permit "Im (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Rerd'ill Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Jeffrey H c` Lewis D iYl� Applicant 2: First Name MI Last Name It additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 54EucidAve Westwood N' ZIP Country Phone No. 07675 USA ext. Street Address (if different from above) City Email �V� 2. Agent/Contracto► Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name Troy Agent(Contractor 2: First Name Mailing Address State P.O. Drawer 870 NC ZIP Phone No. 2 27949 T e)t. FAX No. 252 261 1260 Street Address (d different from above) City State ZIP 8466 Caratoke Highway Powells Point NC 27966- Email tmurphy@quible.com Q C f% C 16 / C r% <Form continues on bacb DEC 21 2017 nch4- nei-in viw 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Received Major Development Permit a 3. Project Location ULL 0 1 K County (can be multiple) Dare Street Address ! ` C/'t, 39020 Windy Lan. DCM_EC State Rd. # Subdivision Name City State Zip Spencer's Cover Avon NC 27915 - Phone No. Lot No.(s) (d many, attach additional page with list) - - ext. WA, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (h.) b. Size of entire tract (sq.h.) —125 LF 0.99 Acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or WA NWL (normal water level) 2 ft ❑NHW or ®NWL (I1 many lot sizes, please attach additional page with a list) e. Vegetation on tract The lot is partially maintained grasses and partially coastal welands. I. Man-made features and uses now on tract Residential Homes and timber pier. g. Identify and describe the existing land uses adjacent to the proposed project site. Rental homes and wetlands h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate,t applicable) bYes []No (HNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property. ,RECENED <Form continues on next page> 252.808.2 08 :: 1.888.4 RC O A ST :: w.. w. n c c o a s t a l m a n a g e m e n t. n et nCM- MHw -IW Form DCM MP-1 (Page 3 of 4) APPLICATION for k Major Development Permit m. (I) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No (III) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite septic Received o. Describe existing drinking water supply source. `- � " Dare County p. Describe epsting storm water management or treatment systems. DMEC No SW MP 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PublicfGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purposes of this CAMA major is to restore and protect the shoreline along Mr. Lewis's property. Excelerated erosion has occurred in recent years and the owner proposes two breakwaters with native marsh planting/restoration to help protect the property. The daily use of the property is a rental home for vistors to Avon. The site is typically rented by kite boarders. 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. Barge and vibrating hammer d. List all development activities you propose. Two 30 LF breakwaters and 3,900 SF of native marsh planting/restoration. A 42 feet by 6 feet/cextension to the existing pier with a 1 Oft x 10ft platform and two stair cases. See attached project narrtive for a detailed description of all proposed work. e. Are the proposed activities maintenance of an epsting project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stonnwater 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> DEC 212017 E)GM MHn MTY 252.808.2808 :: 1-888.4RCOASf .: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) 1 APPLICATION for + Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, ff applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are 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 titte 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 Robert L. Dean - Phone. No. Address 5611 Red Osier St Charlotte NC 28270 Name Richard C. Prate Phone No. Address 157 Sea Bird Lane Belford, NC 07118 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization forth, 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 I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that 1e information provided in this application is truthful to the best of my knpwledge. Date �Z Print Name I rl k C�/ Signature R e c is i v e d Please indicate application attachments pertainiQq "our proposed project. 0 7 ❑DCM MP-2 Excavation and Fill Inform O "Y` ❑DCM MP-5 Bridges and Culverts ❑DCM MP.3 Upland Developing D C rye-E C ®DCM MP-4 Structures Inform o� t^'J 252.803-2808 :l" 1-888.4RCOAST ., www.necoastalmanagement.net Recsived Form DCM MP-4 D.'' © 1 STRUCTURES DMEC (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ®Private/Community []Yes ®No c. (i) Dock(s) and/or pier(s) d. (I) Are Finger Piers included? []Yes ®No (il) Number 1 If yes: (III) Length 42 ft (ii) Number (iv) Width B ft (III) Length (v) Floating []Yes ®No (iv) Width _ (v) Floating []Yes []No e. (i) Are Platforms Included? ®Yes []No I. (i) Are BoatiiNs included? []Yes ®No If yes: If yes: (ii) Number 1 (ii) Number - (iii) Length 10 ft (III) Length (iv) Width 10 ft (iv) Width (v) Floating []Yes ®No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ® Other, please describe: water access I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: n/a m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of to pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). n/a I. (i) Will the facility be open to the general public? []Yes ®No RECEIVED DEC 21 Z017 ncM- MHD CITY 252.808-2808 :: 1.888-4RCOAST :; www.nccoastalmanaaement.net revised: 12i27/08 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS 0Th/s section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: Receijed­ 0 Showers ❑ Boatholding tank pumpout; Give type and location: p`r 0 1 r.7 b. Describe treatment type and disposal location for all sanitary wastewater. DC WING V C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (it) Give the location and number of °Pumpout Available" signs proposed. I. 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? �+ -�A. 0�O ❑Yes ❑No Qv 252-808-2808 :: 1-888-4RCOA5T :: www.nccoastalmanagt ment.net revised: 12127106 ( Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None Received p. Is the proposed marina/docking 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/Govemment ❑Private/Community (Ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetode, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iil) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length (2) 30 LF breakwater b. Average distance from NHW, NWL, or wetlands 60 LF total 30-75It c. Maximum distance beyond NHW, NWL orwetlands -75 ft 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Publir/Govemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number it. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DEC 21 2017 DCM- MHD CITY 252-808-2808 r 1.888-4RCOAST :: v ww.nccoastalmanaaement.net revised: 12127i06 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 66 ft to the North and 15.5 ft to the South Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Approx. 29 miles e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. -98 ft to the North and -93 ft to the South d. Water depth at waterward end of structure at NLW or NW L Approx. -1 ft for the or000sed pier AApprox.. 2 ft for the breakwaters 8. OTHER []This section not applicable a. Give complete description: Received Date iS Qnmrkl Project Name DC{". -EC Applicant 1 me Apo cant nature ceo el) DDC 212p11 OC�P MN� G\JNf 252-808.2808 !: 1.888.4RCOAST :: www.nccoastalmananement.net revised: M2TO6 39020 Windy Lane Avon, NC Jeff Lewis Property CAMA Major- Project Narrative Existing Conditions The site is a +/- 0.99 acres (43,000 sq. ft.) parcel of land located at the end of Windy Lane in Avon, NC and owned by Jeff Lewis. The property fronts along the Pamlico sound in a sandy cove with a buffer of coastal wetlands between the sound and the residence. The upland portion of the property is dominantly covered with maintained grasses with a concrete driveway and single-family residence on pilings. Wetlands along the shoreline contain Wax Myrtle, Groundsel Bush, Black Needle Rush, Smooth Cordgrass, Big Cordgrass, Bullrush, and Salt Grass. A sand beach and berm are located in the natural cove of the property. This beach is encapsulated by coastal wetlands and is accessible by an existing elevated wood walk Proposed Work In an effort to curtail the erosion and restore the emergent wetlands, the property owner proposes to install a living shoreline with two small vertical breakwaters, as shown on the attached site plan. The proposed breakwaters will be 30 linear feet each and constructed of vinyl sheeting and timber pilings, with one -inch slots cut for every foot of sheeting to allow for water and sediment to flow through the breakwater. Behind the proposed breakwaters native marsh plantings are proposed to be installed to help restore and protect the shore of Mr. Lewis's property. Emergent grasses such as Smooth Cordgrass, Black Needle Rush, Bullrush, Saw Grass and Big Cordgrass will be planted accordingly within areas of water one and a half foot or less in depth and behind the proposed breakwaters. All plants will be selected from the list provided on Sheet 2 of the attached site plan and based upon the availability at the time of planting (spring 2018). In addition to the breakwaters and marsh restoration/native plantings, the owner proposes to lengthen his existing pier out into the area of proposed marsh plantings. The pier extension will be 42 feet long by six feet wide elevated timber pier with a 10 feet by 10 feet platform with stairs to allow pedestrian access to the water. Purpose and Need The shoreline and near shore of the property have experienced erosion occurring naturally in recent years, causing a gradual retreat of the shoreline and marsh. During Hurricane Matthew in 2016, barges owned by PCL (the contracting company building the new Bonner bridge at Oregon Inlet) unmoored and one of the barges beached on Mr. Lewis's shoreline. The barge and subsequent extraction has accelerated the erosion along Mr. Lewis's property. The purpose of the proposed breakwaters and marsh plantings is to restore and strengthen the shoreline. The pier extension is proposed to reduce foot traffic through the proposed marsh planting and to ease access to the sound. RECEIVED Received DES 0 7='1 DEC 81 2017 DMEC DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Se44-4 L.ewtS 's � t (Name of Property Owner) property located at 3� ZU w 1 �d ar1>~ (Address, Lot, Block, Road, etc.) on �a+Ml�lA �u in Ayein N.C. (Waterbody) (Cityrrown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill In description below or attach a site drawing) Received P 07 -7 RECEIVED DCM-EC DEC 212017 WAIVER SECTION I understand that a pier, dock, mooring pilings, booty ,,b tQUYhouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner information) Signature Print or Type Name Mailing Address City/State/Zip Telephone Number/email address (Revised Aug. 2014) 'Valid for one calendar year after signature' ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Addressee ■ Attach this card to the back of the mailpiece, 8 y (F% 7t<Narne) C. Date of Delivery or on the front if space permits. Article Addressed to: D. Is delivery address dill ftWJ" Yes IF YES, enter delive ress below: ,fo nto �1 �d Os1pRC i~ I I'lll'I I'I IIIIIIIIIII IIIIII III III I'IIII IIII ❑ Adult Signature r 11 Reegstared Mail® ❑ [Signature Reestricted Delivery ❑ Registered Mail Restrich 9590 9402 2876 7069 0957 60 Tad Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for ❑ Collect on Derive y Merchandise 2. Ar6eie Number (rmnsferfrw{� SBrvlce f??e� ❑ Collect an Delivery Restricted Delivery ❑ Signature Confirmation^ ❑Signature Confirmation 7007 2680 0002 5929 8728 it Restricted Delivery I RmtdcWDelivery Ps Form 3811, July 2015 PSN 7530-02-000-9053 " 6 Domestic Return Receipt ■ 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. 1. Article Addressed to: �i Awd Q. pa a4io )5 1) Se'D 9)IZ4 4 aN� d 7-2 IIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIII (IIII 9590 9402 2876 7069 0957 53 7007 2680 0002 5929 8711 A. Signature ❑ Agent X ❑ Addressee B. ry y (Panted Name) D. Date or Delivery D. Is delivery address different from item 17 U Yes If YES, enter delivery address below: ❑ No ❑ Priority Mail Express® ❑ Registered Mail^" Restricted Defvery ❑ Registered Mail Restricter Delivery strkted Delivery Receipt for ❑ RMerchandisee h DryRestricted DeMery ❑ Signature ConfirmaticnTM ❑ Signature Confirmation Restricted Delivery Received DCM-EC �L srs,, V N > m T V� b U U W � C1 c Q Quible Quible & Associates, P.C. ENGINEERING • ENMONt4EMAL SCIENCES • PLANNING • SURVEYING SINCE 19% CERTIFIED MAIL November 7, 2017 Robert L. Dean 5611 Red Osier Ct. Charlotte, NC 28720 Dear Mr. Dean: Po Dm w VO btty Nowt(. INC 27949 Phow 252A91.5147 Fm:252491-8146 web g9ible.com Received DEC D 9 2'J DCM-EC This letter is to notify you, as an adjacent riparian landowner that Quible & Associates, P.C., on behalf of the landowners, Jeffrey Lewis, has applied for CAMA Major Permit for his property located at 39020 Windy Lane in Avon, NC 27915. Proposed work requiring a CAMA Major permit includes the extension of his existing pier with a platform at the end, two slotted vinyl breakwaters to be placed offshore, and emergent native wetland plantings between the proposed breakwaters and the existing shoreline. All proposed work meets the pertinent CAMA setbacks and requirements and is shown on the attached plan. Should you have any comments related to this proposal, please send your written comments to the CAMA Field Representative, Ms. Lynn Mathis, 401 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date the attached Adjacent Riparian Property Owner Statement and return one copy to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible & Associates, P.C. Troy Murphy 04' OG Quible Quible & Associates, P.C. ENGINEERING • ENVPOPB.ENTAL SCIENCES • PLANNING • SUITAYING SINCE 1959 CERTIFIED MAIL November 7, 2017 Richard C. Prata 157 Sea Bird Ln. Belford, NC 07718 Dear Mr. Prata: Received I q-, - 0 0 1r-7 DCM-EC Po Dro w 870 KW HC k NC 27949 Phone 252-491-8147 Fox. 252491-8146 wab: qu blacd This letter is to notify you, as an adjacent riparian landowner that Quible & Associates, P.C., on behalf of the landowners, Jeffrey Lewis, has applied for CAMA Major Permit for his property located at 39020 Windy Lane in Avon, NC 27915. Proposed work requiring a CAMA Major permit includes the extension of his existing pier with a platform at the end, two slotted vinyl breakwaters to be placed offshore, and emergent native wetland plantings between the proposed breakwaters and the existing shoreline. All proposed work meets the pertinent CAMA setbacks and requirements and is shown on the attached plan. Should you have any comments related to this proposal, please send your written comments to the CAMA Field Representative, Ms. Lynn Mathis, 401 S. Griffin St. Suite 300 Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. If you have no objection to the project, please sign and date the attached Adjacent Riparian Property Owner Statement and return one copy to: Troy Murphy, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible & Associates, P.C. Troy Murphy RECEIVED DEC 21 2017 DCM- MHD CITY \2016\P16102\Drawings\p16102- CAMA.dwg 12/5/2017 846 AM Tmurphy TAX -NC � � n �i i si n m .{• oN mp 4 C1 O) m�:�FNIC��XOUy,D n W�DA O Do��On ✓0 o,mpI v D ' A 00 DmOO>D 0 p D j O 0 " ZncD m OZF>Mc D y xQ' yz RmR o uAi $rcO u'rfi Ty Z(DJ>c'A -43 C ➢NTI oo _ ��ym'�� ZAR ,> io ?eaipmg i m L70p2 o0 1 D Z D T. y DX Zm 0 N" mf'10 0, N o Z � Ac Azdm< ym n5 Q �ym� •D-y9 �N�nnNSA5O y OO A DN D�p�O Z m i"ur'v Fmm0m m 0 z�csi 2 a m_ m o� 2 V1 r'�v1 rS�D X I m ri x o0 -00n F moc�n ms0 4 I 0 0 ;goz Az� o i ;�N I I o 0 x m E < I I --r-- E o � I oil; I/ E < E/ I � E E /-00> E < I m OXX �o /�/E \ Z FT./ i 1 JJI < H E \/ f• ( E E \ E lE E E E I m E E I P. D E E AXE A^o � oX xm (< E E E 7� < E E E E O z E E E E E E E E E E E E ga Ni E E E E h E < E E E Ej E E E E E E E �1 I E E E E E E E r An E �E �� E E E E E E E ti n v E 00 17T o I g is, i/7� NN E E E 0 1- M CD n{z low. n PROJECT COPYRIGHT QC 2017 DUIBLE h ASSOCIATES, P.C. SB EET L CAMA MMOR PLAN 00 P16102 THIS DOCUMENT IS THE PROPERTY OF yy r uible slNc£ rv5s DUIBLE h ASSOCIATES, P.C. ANY ALTERATION OF THIS DOCUMENT IS PROHIBITED. 39020 WINDY LANE DRAWN BY Associates, P.C. JTM/OTH IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE JEPP LEWIS PROPERTY Z I"I (] Z & ENGINEERING • CONSULTING • PLANNING ENVIRONMENTAL SCIENCES • SURVEYING CHECKED BY KINNAKEET DARE COUNTY WDE CONSIDERED PRELIMINARY, NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, NORTH CAROLNA I --I ry INC License C-0208 PO Drawer 8: Hawk, 27919 0 30 60 DATE RECORDATION, SALES OR LAND ^ti 4, /� 52) 17 Phone: (252) 491 -8I47 CONVEYANCES, UNLESS OTHERWISE �{ Fax: (252) 491-8146 12/5/17 NOTED. GRAPHIC SCALE IN FEET 1"=30' E-Mall: a dministratorOqufble.com 1..4 1OWNER/APPLICANT: JEFFERY H. LEWS 54 EUCID AVE WESTWOOD, NJ 07675 2. THIS IS NOT A BOUNDARY SURVEY. BOUNDARY INFORMATION BASED ON DARE I GIS TAX DATA. AERIAL OVERLAY IS GEOREFERENCED 2017 IMAGERY. WATER DEF SHORELINE, COASTAL WETLAND LINE AND EXISTING PIER WERE FIELD SURVEYED 8-25-17 BY OUIBLE do ASSOCIATES, P.C., USING GPS, RTK NETWORK. THIS INF SHALL NOT BE CONSIDERED A CERTIFIED SURVEY. THIS SHALL BE CONSIDERED PRELIMINARY AND FOR PERMITTING ONLY. 3. PROPOSED WORK: A. CONSTRUCTION OF A 42 FT LONG X 6 FT WADE PILE SUPPORTED PIER EXI WITH A 10 FT X 10 FT PLATFORM AND TWO STAIR CASES B. CONSTRUCTION OF TWO 30 LF BREAKWATERS OFFSHORE FROM THE SITE C. 3.900 SF OF MARSH RESTORATION AND NATIVE PLANTINGS BETWEEN THE BREAKWATERS AND SHORELINE � y W W \ � RIF ROEERTL DEAN PIN C64010276353 RIO 014357002 W W � s to vi RIPARIAN GORRIL29R \\ v v w �J' `L 1� �✓ \ w W EFFERY LDV5 . '���tlI PIN 064010276259 RD 014357003 r � 1 ESE PROPOSED 42 FT X 6 FT — "PROPOSED 30 LF PIER EXTENTIONII VINYL SLOTTED BREAKWATERS"'�- MARSH RESTORATION 2 (3900 SF) PROPOSED ' 10 FT X 10 FT PLATFORM i o RIPARIAN GORRIGU'R ( Wind Rose for Hatteras Weather Serfs Office (KHSE) 4 Sep. 1, 2016 to Sep. 6. 2017 w vM ww... �.. N wne se..n ImM) : a J- --- r - E Z :, l- % F �.wr '•t. __ i_ _ •A �i��nei1 \' v (0125177) R16HARD O. FRATA A54010276134 PIP 014-457004 D DEC 2112017 ---� ?AHD CIT"t lecEi�rE l \ i IN a 1 O z z N r a n E •iw % N m W a� oiama U 2 • N -<- C�w ykL.�v o A` W r '"t zU N N N yNN_ uo E # Q °^ m h iw o a o • wz z w O o Z p wz w a PRELIMINARY PRELIMINARY FOR CAMA PERMITTING ONLY Z m O U w No a NO 0 O :II J w a a ? 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I i d m o� E E11 �'� -Z'� i << E E E} E E E E E E E E E h E E E E E E E E } h < E E E E < E 1E � o= _.L �QJ'1 J e t� b !. U 0 � N e i.. SHEET L CAMA MAJOR PLAN 39020 WINDY LANE JEFF LEWIS PROPERTY KINNAKEEf DARE COUNTY NORTH CAROLINA 0 30 60 GRAPHIC SCALE IN FEET 1"=30' I E E E \X,.uible SINCE I959 & Associates, P.C. ENGINEERING a CONSULTING a PLANNING ENVIRONMENTAL SCIENCES a SURVEYING NC License#: C-0208 PO Drawer 870, Kitty Hawk, NC 27949 Phone: (252) 491-8147 Fax: (252) 491-8146 E—Mail: odminisfraforOqulble.com