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HomeMy WebLinkAbout28-17 MM Bailey, RobertIA Permit Class MODIFICATIOPI/MAJOR Permit Number 28-17 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 Issued to Robert Bailey, 7225.Churchill Dr., Wake Forest, NC 27587 Authorizing development in Carteret County at adi. Bogue Sound, at 204 Oak Leaf Dr., in Pine Knoll Shores as requested in the permittee's application dated 6/9/17, including attached workplan drawings (2), both dated 5/31/17. This permit, issued on August 17, 2017 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at any point along its alignment at the time of construction. 2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked and verified by DCM within a maximum of 30 days prior to the new expected start of construction (See,attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days" of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert Bailey ADDITIONAL CONDITIONS 4) The bulkhead shall be constructed prior to any backfilling activities. Permit No.28-17 Page 2 of 3 5) The bulkhead shall be structurally tight so as to prevent seepage of backfrll materials through the structure. 6) The fill material shall be clean and free of any pollutants except in trace quantities. , 7) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 8) All fill material to be placed below normal high water level shall be confinedbehind the permitted bulkhead. Sedimentation and Erosion Control 9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 10) 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. 11) 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. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 13) This Major Modification shall be attached to the original Permit No. 28-17, which was issued on 2/21/17, and copies of both documents must be readily available on site when Division personnel inspect the project for compliance. 14) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3 (Action ID SAW-2016-02388). NOTE: The N.C. Division of Water Resources assigned the project DWR Project No. 2016-1149V2. ri Bailey Permit No. 28-17 Page 3 of 3 ADDITIONAL CONDITIONS CE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $250 was received by DCM for this project. Date: June 9, 2017 Applicant: Robert W. Bailey Project Narrative: Installation of vinyl bulkhead in front of existing damaged bulkhead seawall Project location: 204 Oakleaf Drive, Pine Knoll Shores, NC 28512 The northern property line along the Bogue Sound at 204 Oakleaf Drive has an approximately fifty year old, seventy foot long bulkhead seawall which is comprised of cement reinforced with asbestos fiber. Like many bulkhead seawalls produced during this period, this wall has been gradually deteriorating over the past years. The wash created by Hurricane Matthew in October 2016 accelerated the structural deterioration of the bulkhead to the point where there is considerable erosion behind the wall resulting from breaches in the wall (photo attached). This seawall needs to be replaced by a new wall due to the escalating failure in the existing wall. The new seawall will be built within two feet of the existing wall. It will be four feet in height, seventy feet long and will consist of vinyl material. The wall will be anchored by galvanized rods placed every eight feet. The twelve foot long, 5/8 inch galvanized rods will be punctured through the existing wall and attached to an anchored piling located in stable soil. Once installed, the area between the new and old wall will be backfilled with fill material thereby encapsulating the old wall. The surface area of the fill will be seeded for grass. This back fill will impact approximately 90 square feet of coastal wetland. The negative impact of asbestos fibers on humans and the environment is well documented. Removing and disposing of the existing wall will require specialized contractors and equipment that will be prohibitively expensive. According to the Pine Knoll Shores Code Enforcement Officer, Jim Taylor, during his tenure all of the replacement bulkhead walls within the town have been constructed within two feet in front of the existing walls. By building the bulkhead wall in front of the existing wall and encapsulating the existing wall with back fill, the chance of asbestos fiber being released into the environment is eliminated. This type of solution is documented in the article titled "What to do about Asbestos in Crumbling Seawalls", http//everlastweawalls.com/What-to-do-about-asbestos-seawalls?. RECEIVED JUN 13 2017 DCM- MHD CITY DCM NIP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Robert MI W. Last Name Bailey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 7225 Churchill Drive PO Box City Wake Forest State NC ZIP 27587 8556 Country USA Phone No. 919 - 414 - 4477 ext. FAX No. Street Address (if different from above) city State ZIP Email rwaynebl@yahoo.com 2. Agent/Contractor Information Business Name Dennis & Son Marine Construction, Llc Agent/ Contractor 1: First Name William MI T Last Name Dennis Agentl Contractor 2: First Name MI Last Name Mailing Address 109 Seahorse Drive PO Box City Beaufort State NC ZIP 28516 Phone No. 1 252-241-6962 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email dsmcllc@gmail.com <Form continues on back> RECEIVED JUN 13 2017 252.808-2808 :: 1.888-4RCOAST :: www.nccoastaliman aDMjW4D CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 204 Oakleaf Drive Subdivision Name City State Zip Pine Knoll Shores Pine Knoll Shores NC 28512 - Phone No. Lot No.(s) (if many, attach additional page with list) 919 - 414 - 4477 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Bogue Sound C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Pine Knoll Shores 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 101 ft 35,327.16 sgft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or .811 acre, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 ft IONHW or ❑NWL e. Vegetation on tract grass, trees f. Man-made features and uses now on tract residential home, driveway, dock, two boat slips g. Identify and describe the existing land uses adjacent to the proposed project site. residential neighborhood h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? residential (Attach zoning compliance certificate, if applicable) []Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED JUN 13 2017 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanall(WaM4413 CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for 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 (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. septic tank o. Describe existing drinking water supply source. community water p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Replace defective bulkhead seawall damaged by Hurricane Matthew. 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. Installation of a vinyl bulkhead seawall to replace a defective asbestos reinforced cement seawall. The new seawall will be installed and backfilled in front of the existing wall to minimize asbestos particle releases into the environment. The installation will be done with an excavator and loader. d. List all development activities you propose. Installation of a vinyl bulkhead plus backfill behind the bulkhead. e. Are the proposed activities maintenance of an existing project, new work, or both? Both, construction of a bulkhead seawall to replace defective wall. f. What is the approximate total disturbed land area resulting from the proposed project? 140 ®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? In. 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. KtutAvMU <Form continues on back> JUN 13 2017 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanQr* n Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (111) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) 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 title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Richard &.Linda Seale Phone No. (252) 726-0478 Address 202 Oakleaf Drive, Pine Knoll Shores, NC 28512 Name Kris & Erika Mitchell Phone No. (910) 367-9810 Address PO Box 858, Meredith, NH 03253 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Coastal Resources Commission Permit #28-17, issued February 21, 2017 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 tha the information provided in this application is truthful to the best of my knowledge. Date Print Name _Robert W. Bailey,, Signature Izo—a-1-1/G Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVE® JUN 13 2017 UM- 252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanment.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. F.ccess Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length NA NA NA NA NA NA NA Width NA NA NA NA NA NA NA Avg. Existing Depth NA NA NA NA NA NA NA Final Project Depth NA NA NA NA NA NA NA 1. EXCAVAT/ON ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (a) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (III Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. :1 area. ®This section not applicable d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED JUN 13 2017 DCM- MHD CITY 252-808.2808 :: 1.888.4RCOAST :: www.neeoastalmanagementtnet revised: 12/26/06 Form DCM -Z (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. i ype or snoreune staomzation: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 2 It e. Type of stabilization material: Vinyl Bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill 140 soft Riprap Breakwater/Sill Other i. Source of fill material. Dirt delivered from Carteret Septic & Construction b. Length: 70 tt Width: 18 in Heicht 4 ft d. Maximum distance waterward of NHW or NWL: 2ft f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ®NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Fill Dirt 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes [ If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Fill dirt to be placed between old and new wall upon delivery. c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. i/e 7 Date Project Name b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator and loader d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant R D JUN 13 Z01/ 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net D^ R A„ De r �y2/26/06 RECEIVED JUN 13 2017 DCM- MHD CITY Ex isl-`t v-�c� -DQJ>VJN $Y Ry Sif}L "��N Nt5 MAV 'PR c7E'. 0 KH--1--I VO tEET O O CoASTfAL BOAT IAF:T Zg MAu wA7-Ee PY 0 0 \1 �� ESTpS(-/WFtC.L) t !r VINYL .4VR41, - _ - _ $O/kT LIFT A4S8 ES TOS WAc,� ca O 3 Z Is, > (_� Ill I � Y� k ALL M I 1 .ow 4 s r�r��sec1 Wv r K mow►.► 8Y"" C2YssA�.T�tt�ult5 � _ I y i I ''TALL BOAT 1-1 rT k NEw VINYL 61"-k 14EA134> Vtro YL V, RCL _- ;N FA'aTOG � f ifl FED ® � � F �l�11 diskLk-rb cxpp. �' by 4s' aoy GAk x f F X 1SZlt� RSCiESrc WPt�-4 F G UkAWN YjY WILUAAA DE-tiMI5 ,DRTE MA311201-7 PA 61E 5 C,xcc �« cj�meet kLEIVED �xs JUN 13 2017 nw°` ,!,- MHD CITY I n1v4v�izRi rncj P Ied P G TIDEWALL Illl���rt Technical Data Sheet in 6.35 6 152 mm in mm 457 mm Constituent Material PVC, Exterior Grade Rigid only PVC, Exterior Grade Rigid only Section Width (W) 18 Inches 457 mm Section Depth (D) 6 inches 152 mm Section Thickness (T) .250 inches 6.35 mm Weight 4.9 lbs/lineal foot 7.1 kg/lineal meter Moment of Inertia 27.4 in4/ft 3,742 cm4/m Section Modulus 9.1 in3/ft 489 cm3/m Ultimate Moment 4,929 ft-lbs ft 2,263 k -m/m Allowable Moment 2,464 ft-lbs/ft 1,132 k -m/m Tensile Strength ASTM-D638 6,5001bs/in2 44.8 Mpa Flexural Strength ASTM-D790 11,140 Psi 78.0 Mpa Modulus of Elasticity ASTM-D790 380,000 Psi 2,620 Mpa Notched Izod Impact ASTM-D256 13.75 Ibs/in 2.46 kg/cm Heat Deflection Temperature ASTM-D648 158 degrees F 70 degrees C Available Colors Tidewall Vinyl Sheet Piling comes in a standard color of light gray, but it is also available in clay, slate, tan, brown, and other custom colors upon request. UV Protection All Tidewall Products are produced from highly weatherable, UV -stabilized rigid PVC Lifetime Warranty Tidewall Vinyl Sheet Piling products are covered by a transferable 60 year Limited Warranty that protects against manufacturing defects. The information provided are nominal values and are believed to be accurate. To insure that you select the proper Tidewall Vinyl Sheet Piling product for your particular application, Tidewall recommends that you consult with a qualified local engineer and/or contractor. Tidewall makes no warranty of any kind as to the suitability of Tidewall Vinyl Sheet Pile for a particular application, or the results obtained therefrom. Tidewall Vinyl Sheet Piling is engineered for the sheet piling construction industry according to United States Army Corps of Engineers design guidelines and tested to ASTM material specifications. sales(@tidewall.com W 724-528-5900 724-528-5903 ( RE —A eE�i0�� JUN 13 2017 DCM- MHD CITY 6/9/2017 Lv bin4 maps KI-+­ 204 Oak Leaf Drive Pine Knoll Shores, N,C, 28512 Bing Maps - Directions, trip planning, traffic cameras& more 14J vxlrrl' 01 D, C�.wq C'ub f IN croal CJuv 5�4ter Path Rd Lein 4 N:_' PAIme It �.Wlslkr 9 HERS �Wr F X https:/ANww.bing.com/maps?FORM=Z9LH2 RECEIVE-0 JUN 13 2017 DCM- MHD CITY 0 M17 HERE SGM17 Property Data Carteret County Property Data Parcel Number: 636513041045000 Inquiry Date: 6/9/2017 DISCLAIMER: For confirmation of the number of buildings on each parcel, please contact the Carteret County Tax Office. Owner/Property Info Building Info Parcel Number: 636513041045000 Baths: 2.5 Owner: BAILEY,R WAYNE Bedrooms: 3 Physical Address 0000204 OAKLEAF DR Condition: N/A PINE KNOLL SHORES NC Exterior Walls 1: RES WOOD Mailing Address: 7225 CHURCHILL DRIVE Exterior Walls 2: FACE BRICK WAKE FOREST NC 27587 Floor Finish 1: HARDWOOD Legal Description: L24 BW PINE KNOLL SHORES Floor Finish 2: CERAMIC Deed Book: 879 Foundation 1: CONC BLOCK Deed Page: 33o Foundation 2: CONC BLOCK Plat Book: o Plat Page: 0 Sale Date: 0 Heat: CNTRLHI&AC Sale Price: 350000 Roof Cover 1: COMP SHNGL Acreage: 0.611 Roof Cover 2: COMP SHNGL Land Value: $4o4,o4o.00 Roof Structure: GABLE Building Value: $224,056.00 Square Footage: 3063 Extra Feature Value: $40,070.00 Year Built: 1970 Parcel Value: $668,166.00 Sketches Photos IXFLM MI.V fp11N I7fI m; n Mr RECEIVED JUN 13 2017 DCM- MHD CITY http://web3.mobile3ll.c=/CarteretCard/defaultaspx?PIN=636513041i 45000 1/1 DCM Coordinator: Permit#:6_1 . .. _ _... _ MAILING DISTRIBUTION SHEET--...—: Z' N� Z1`5C3 7 Agents: {+LAWM DCyhtiS 109 `xWAWSe_ br —,A( 2os!(o DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New er) (Cartere sloy, kender)AN Blid Shaver (NCDOT-Brunswick, New Hanover, Onslow, Ponder) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: k Tim Walton DENH,"WR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Ponder, New Hanov Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater j Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Ponder) Wildlife Resources: Maria Dunn (WARO) LPO: Fax Distribution: Permittee #: Agent# Coastal Management ENVIRONMENTAL QUALITY August 17, 2017 Robert Bailey 7225 Churchill Dr. Wake Forest, N.C. 27587 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. Sincerely, y d ,1,0- Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Enclosure State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Robert Bailey Major Mod #28-17 County: Carteret LOCATION OF PROJECT: 204 Oak Leaf Dr., Pine Knoll Shores. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6/13/17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brad Connell DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 6/20/17 PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Gregg Bodnar C) 75 DAY DEADLINE: 8/27/17 MAIL OUT DATE: 6/21/17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: Morehead City FEE REC'D: $250.00 END OF NOTICE DATE: 7/15/17 DEED REC'D: N/A ON: 6/21/17 150 - DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative-17 Coastal Management- LUP Consistency Determination Division ofCommmiry Assistance DEMLR-Land Quality Section Division of Water Resourcesd0 l G v1� Zvi, DEMLR-Storm Water Management I / jqV State Property Office (/ e 7 Division of Archives & History (Cultural Resources) ( O DMF-Shellfish Sanitation !� Water Supply 23 r1 Division of Highways Wildlife Resources Commission / Local Permit Office DCM-Fishenes Resource Specialist 114, Corps of Engineers pvVZ I IC Coastal Management ENVIRONMENTAL OUALITY MEMORANDUM DATE: June 16, 2017 TO: Gregg Bodnar THRU: Roy Brownlow VP FROM: Brad Connell B0 ROY COOPER Govemor MICHAEL S REGAN Secretary BRAXTON DAVIS Director SUBJECT: Comments and Recommendations - CAMA Major Permit —Robert Bailey, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal will impact 100 square feet of Coastal Wetlands and 840 square feet of high ground. These waters of Bogue Sound are open to shellfish harvest. This waterbody is not a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming -that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1. The bulkhead will not extend waterward more than 2 feet from the existing bulkhead along the normal high water level at any point along its alignment at the time of construction; 2. The bulkhead must be constructed prior to any backfilling activities; 3. All fill material to be placed below normal high water level will be confined behind the permitted bulkhead; 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. .-CC: Roy Brownlow, DCM Nothing Compare' State of North Carolina I Enviromnental Quality I Coastal Management Address 400 Commerce Avenue I Morehead City, NC 28557 Coastal Management ENVIRONMENTAL QUALITY June 21, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: CEI JUN 2 2 2017 Shellfish Sanitation E Recreational Water Duality Sec: on Shannon Jenkins Shellfish Sanitation Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED JUN 2 6 2017 DCM- MHD CITY CAMA/DREDGE & FILL Permit Application Review Robert Bailey 204 Oakleaf Drive, in the town of Pine Knoll Shores. Proposed Project: Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED &Iea4'°nj�_ . DATE (01Z3I1 ,far- S*)om ton --GeainS State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 REUN ccodc 2 3 REM Coastal Management ENVIRONMENTAL QUALITY _ June 21, 2017 OrMkyjfi70LVIDili kyji TO: Local Permit Officer Town of Pine Knoll Shores FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: 204 Oakleaf Drive, in the town of Pine Knoll Shores. ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Dhector Proposed Project: Proposes Major Mod to 928-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. 19BI9 WA SIGNED v This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 4 DATE 6193 b2 yr State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Oty, NC 28557 252 808 2808 k RECEIVED C ENV%QH,hfaxit9e�ff y JUK 2 6 7017 ENyIrtONFtENSA� OUA LITM DW-FisheHAe WARO June 21, 2017 MEMORANDUM: TO: Shane Staples Division of Coastal Management FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: 204 Oakleaf Drive, in the town of Pine Knoll Shores. ROY COOPER Opy mae MI'CHAEL S. REGAN Saereraay BRAXTON C. DAVIS Dlydator Proposed Project: Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY; This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ��DATE State omorth:Carouna 1 FnvimnmeritalQuauty[Coastal;Management Moi*ht,BCityoface I400Commerce Avenue 1.MoreheeMy,NC:28557 252 W82808 L ROY COOPER Governor f� MICHAEL S. REGAN secretary Coastal Management BRAXTON C. DDAVhs ENVIRONMENTAL QUALITY C _ 19.0 (e.'t3. o f AI - June 21, 2017 9UN 2017 MEMORANDUM: � ED TO: Maria Dunn c/ C NC Wildlife Resources Commission !_6 8_L.4 FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: 204 Oakleaf Drive, in the town of Pine Knoll Shores. Proposed Project: Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JUL 0 3 2017 t/ This agency has no comment on the proposed project. DC M- M H D CITY 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 ice— DATE 6-23 - 90I } State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY June 21, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Tim Walton State Property Office Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS RECEN EDme"" JUN 2 6 ZV STAT o O O E RTy RECEIVED JUL 0 3 2017 DCM- MHD CITY CAMA/DREDGE & FILL Permit Application Review Robert Bailey 204 Oakleaf Drive, in the town of Pine Knoll Shores. Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY:This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agenc objepts to the project for reasons described in the attached comments. SIGNED _ DATE 24 /7 State of North Carolina I Environmental Qualtty l Coastal Management Morehead Ctry Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Coastal Management 6HVIROWHINTALGVµOY June 21, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Lee Padrick Division,of Community Assistance Gregg Bodnar Major Permits Processing Coordinator CAMAIDREDGE & FILL Permit Application Review Robert Bailey Project Location: 204 Onkleaf Drive, in the town of Pine Knoll Shores. ROY'COPPER anti r MICHAEL S. REGAN Secretwy BRAXTON'C. DAVIS' okw" Proposed Project: Proposes Major Mod to.428-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency;s position or viewpoint on, the proposed projectand return this form by July 11, 2017.1f you have any questions regarding the.proposcd project; please contact Brad Connell; Permit officer at (252) 80W808, Ext. 214, When appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed, v�This agency has no, comment on the proposed project. c 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 '5 DATE' . 3taorrxmawuw I rnwunmepi.�CaaillKicomw!de�waemeM Woremad0y0ake 14a0CaomeraAv IMarc adQiy.NC.zasbr 25ZA082e08 . Coastal Management ENVIRONMENTAL QUALITY June 21, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Covernor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Rachel Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Robert Bailey 204 Oakleaf Drive, in the town of Pine Knoll Shores. Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: i This agency has no objection to the project as proposed. r 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 a icy jec tot project for reasons described in the attached comments. SIGNED. 0DATEI S I I State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 Coastal Management ENVIRONMENTAL QUALITY h0MU41111aff lltJSI TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner` , Division of Coastal Management Ci 6 - ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director SUBJECT: Major Modification to # 28-17 by Robert Bailey 204 Oakleaf Dr, Pine Knoll Shores DATE: July 3, 2017 Consistency Determination: The request is consistent with/not in conflict with the Town of Pine Knoll Shores Core Land Use Plan certified by the CRC on September 23, 2015. Overview: The applicant is requesting to replace an asbestos bulkhead with a vinyl bulkhead at 204 Oakleaf Drive, Carteret County, North Carolina. The 0.8-acre parcel is mostly developed with single-family residences. Vegetation on the lot consists mainly of lawn grasses, with Coastal Wetlands (Sportina olterniflora). The parcel has approximately 110' of continuous shoreline along Bogue Sound. Immediate offshore water depths range from -1' to -4' NHW. The subaqueous substrate is firm with shell. The water at the project site in the Bogue Sound are SA (Market Shellfishing, Salt Water) and HQW (High Quality Waters) is not PNA (Primary Nursery Area), and is open to the taking of shellfish. There are no beds of Submerged Aquatic Vegetation (SAV in the nearby vicinity of the project area. There are no cultural resources in the nearby vicinity of the project area. The proposal is for the installation of a 70' long x 4' tall vinyl bulkhead to replace an asbestos bulkhead. The new bulkhead will be installed 2' waterward of the existing bulkhead and backfilled. Anticipated impacts resulting from this project are expected to include: the filling of 100 ft2 of Coastal Wetlands, and 840 of high ground. A traditional marine construction vibratory method would be utilized during construction with minimal turbidity impacts. Basis for Determination: The project site is located in the Town of Pine Knoll Shores and is subject to the 2015 Pine Knoll Shores Core Land Use Plan. The Future Land Use Map (FLUM) designates the property as residential. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 808 2808 C — The following LUP policies may be applicable to this request: "Pine Knoll Shores accepts state and federal law regarding land uses and development in AEC's" (pg. 104). Natural Heritage Areas NHA. 1.1., pg. 114 "The Town will enforce its zoning regulations and rely on state permitting agencies to ensure that all development within or adjacent to Areas of Environmental Concern, freshwater swamps, marshes, and 404 wetlands is carried out in accordance with all local, state, and federal regulations". NHA. 2.6., pg. 115 "The Town supports the installation of properly engineered and permitted bulkheads, assuming this development is in compliance with all 15A NCAC 7H Guidelines". Water Quality WQ. 1., pg. 116: 'The Town supports the guidelines of the Coastal Area Management Act and the efforts and programs of the North Carolina Department of Environment and Natural Resources, Division of Coastal Management and the Coastal Resources Commission to protect the coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters of the Town". (Advocacy) State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 Coastal Management ENVIRONMENTAL QUALITY June 21, 2017 MEMORANDUM: TO: Heidi Cox Public Water Supply F Gregg Bodnar 111111 �r Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director I4,9@o vivision UN ? 3 201 / PP wiRO. p N 4 f ftler e6s pP SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: 204 Oakleaf Drive, in the town of Pine Knoll Shores. RECEIVED in 0 7 2917 DCM- MHD CITY Proposed Project: Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: J 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 r DATE !`/ 34 State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Oty, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL OUALITY June 21, 2017 u IffurrIN117M,1 u TO: DanSams Division of Energy, Mineral & Land Resources FRO[ Gregg Bodnar ((// Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: 204 Oakleaf Drive, in the town of Pine Knoll Shores. Proposed Project: Proposes Major Mod to 428-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please,imtact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objec to the project for reasons described in the attached comments. SIGNED DATE `b��c3 1 % RECEIVED JUL 07 2017 State ofNorthCarolma I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce. Avenue I Morehead City, NC 28557 ®CM M H D CITY 2528082808 Coastal Management ENVIRONMENTAL QUALITY June 21, 2017 MEMORANDUM: r CEIVE UN 2 3 2T! BY:�— --- Georgette Scott Division of Energy, Mineral, & Land Resources ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director r 7F6M: C Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: 204 Oakleaf Drive, in the town of Pine Knoll Shores. Proposed Project: Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: Z This agency has no objection to the project as proposed. JUL 0 7 2017 This agency has no comment on the proposed project. DC M- M H D CITY 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. SIGNED1� - d��( cS 4 DATE C9,Zr't Z17 State of North CaroOna I Environmental Quality I Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 ROY COOPER Governor Ls` MICHAEL S. REGAN Secretary Energy, Mineral& TRACY DAVIS Drrec or L and Resources ENVIRONMENTAL OVAL" August 1, 2017 RobertBailey 7225 Churchill Drive RECEIVED Wake Forest, NC 27587-8556 AUG 14 2017 Subject: EXEMPTION Stormwater Project No. SW8170615 Bailey Private Bulkhead Project DCM- MHD CITY Carteret County Dear Mr. Bailey: On June 23, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on June 29, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scod@ncdenr.gov. Since ly, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: %StormwatehPernits & Projects12017 \170615 Exemption12017 08 permit 170615 cc: Dennis & Son Marine Construction, LLC Carteret Coun Building Inspections Brad ConnelISCM Morehead City Wilmington Regional Office Stormwater File State of North Carolina I Environmental Qualiry i Energy. Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wtimington NC 28405 910 796 7215 L 6 20ROY COOPER 2; I JUG 217 1 Governor t`u f r' I MICHAEL S. REGAN Secretary ' ^ HI'i 11�11ty �'llC.�l:fii�l�lYl_ 1 t--- —' BRAXTON C. DAVIS Coasta(Mand"gementnirwfor ENVIRONMENTAL QUALITY G?— lb ,;Q9q June 21, 2017 /JGIf' i MEMORA14DUM: TO: Renee Gledhill -Early �J NC Department of Cultural Resources FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: 204 Oakleaf Drive, in the town of Pine Knoll Shores. Proposed Project: Proposes Major Mod to #28-17 to include the replacement of the existing bulkhead for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 2017. If you have any questions.regarding the, proposed project; please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: yy This agency has no objection to the project as proposed. A 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 ` ILL DATE State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead 'City rNC 28557 2528082808 JUN 2 7 2017 Bodnar, Gregg From: Mairs, Robb L Sent: Monday, August 07, 2017 3:24 PM To: Bodnar, Gregg Subject: RE: Checking in Gregg, I should have these out this week. NC Ports- Will require written approval (DWR# 20130963v3) Bailey- Will not require written approval (DWR# 20161149v2) ITAC 246- Will require written approval (DWR #20170728) Thanks and hope you had a great vacation. Robb From: Bodnar, Gregg Sent: Monday, August 07, 2017 3:08 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Checking in Hey Robb, I've already asked Liz about most of these but trying to get a handle on everything I've missed, so any info you can provide would be wonderful. NC Ports induction dredging at MHC Robert Bailey ITAC 246 Hope Monday is treating you well, and thanks as always, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greoo. BodnarCancdenr.00v 400 Commerce Ave Morehead City, NC 28557 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, August 07, 2017 3:50 PM To: Bodnar, Gregg Subject: RE: Checking in Hey Gregg, Update on projects: NC Port: That one will go on 291 notice this week -was waiting on EFH assessment and BA from applicant. Milkman: This one slipped by me -have to look at it (sorry). Bicentennial Park: Mod to be issued with standard 291 conditions and Manatee Guidelines. Promise Land: Mod to be issued with standard 291 conditions and Manatee Guidelines. Robert Bailey: Likely a NWP 3 or GP 80. ITAC 246: To be issued with Standard GP 291 conditions and Manatee Guidelines. Let me know if you have any other questions and welcome back! Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, August 07, 2017 2:58 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Checking in Hey Liz, Sorry for throwing all these requests into one and you may have updated Doug, etc., but it's my first day back from vacation and I'm trying to get a handle on things. So here goes... NC ports in MHC water induction dredging Milkman Investments Bicentennial Park in Swansboro (minor mod) Promise Land LLC (minor mod) Robert Bailey ITAC 246 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, August 08, 2017 11:51 AM To: Bailey, Joseph W; Bodnar, Gregg Cc: Connell, Brad Subject: bailey bulkhead repair Attachments: bailey bulkhead.pdf; Robert _Bailey_NWP3_bulkhead verification-signed.pdf; 2017 N W P03.pdf All: Attached is the signed Corps verification, NWP 3, and a copy of the plans for the following project: Corps Action ID: SAW-2016-02388 Project Name: Bailey bulkhead repair County: Carteret Mr. Bailey: A hard copy will be in tomorrow's mail. Please let me know if you have any questions. Thank you, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil r U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02388 County: Carteret U.S.G.S. Quad: Mansfield GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Mr. Robert Bailey 7225 Churchill Drive Wake Forest, NC, 27587 919-414-4477 Nearest Town Pine Knoll Shores Atlantic Ocean River Basin Onslow Bay 03020301 Coordinates Latitude:34.7051 Longitude:-76.8031 Location description: The project site is located in waters of Bogue Sound, adjacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County, NC. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with a bulkhead replacement oroiect. Permanent impacts authorized total 100 snuare feet of coastal wetlands within the 70-foot lone X 2-foot wideproiect area alone the existing shoreline. The replacement vinyl bulkhead will be no more than 2 feet water ward of the existing failing bulkhead. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated June 23, 2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at (910) 2�51-4049 or Sarah.E.Hair(a.usace.army.mil. Corps Regulatory Official: 7 r 51a Date: Aueust 8. 2017 Expiration Date of Verification: De pber 31, 2021 Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The site contains wetlands which exhibit criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and appropriate Regional Supplement. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. **It is not necessary to submit an RFA (form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ah Hair Date of JD: August S, 2017 Expiration Date of JD: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/Pp=136:4:0. Electronic copies furnished: NC DCM, Mr. Brad Connell Property owner, Mr. Robert Bailey Action ID Number: SAW-2016-02388 County: Carteret Permittee: Mr. Robert Bailey Project Name: Bailey bulkhead replacement Date Verification Issued: August 8, 2017 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF MINIS, + T APP � AL O IO SAND PROCESS AND QUEST FOR APPEAL Applicant: Mr. Robert Bailey File Number: SAW-2016-02388 Date: August 8, 2017 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I The following identifies your nghts' ;and options ragarding an adm nrstrattve appeal of the above ,decision Additional information maybe found athttp !/www usace army rmmnet/functtons/cw/cecwo/reg or . r„an. Co.. sre ulattons`at33CFRPart331:.. "" . .,°, .x A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II , REQUEST FOR APPEAL or,OBJECTIONS TO AN INITIAL PROFF.ERED'PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF, -CONTACT F,OR QUESTIONS OR=INFORMATION .. "a, ....-._ _ : , . ,..... - If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: Mr. Jason Steele, Administrative Appeal Review Officer District Engineer, Wilmington Regulatory Division, CESAD-PDO Attn: Sarah Hair U.S. Army Corps of Engineers, South Atlantic Division 69 Darlington Avenue 60 Forsyth Street, Room 1OM15 Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ` DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Bailey LOCATION OF PROJECT SITE: The project is located within Bogue Sound adjacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. Latitude: 34' 42' 18.5286"N Longitude: 76' 48' 11.4012"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 3/19/17 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 6/13/17 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Town of Pine Knoll Shores (7/25/1997) Land Classification from LUP — Developed Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: No (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - septic Planned -None (F) Type of Development: Existing — residence, dock, and asbestos bulkhead Planned - vinyl bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: (A) Coastal Wetlands 100 II (B) High Ground II JI 840 ft2 II II (E) Total Area Disturbed: 980 ft2 (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: None Project Summary: The applicant wishes to replace an existing bulkhead for private use within Bogue Sound, Carteret. County. Field Investigation Report: Bailey Page 2 Narrative Description: This is a major modification request to State Permit # 28-17. It was issued on February 21, 2017 for the construction of an osprey nesting platform within Bogue Sound. The property is adjacent to Bogue Sound at 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. This 0.8-acre parcel is developed with a single family residence. The adjacent properties are also similar single-family residences. The elevation of the high ground of the parcel is about 4' above the normal high water level (NHW). Vegetation on the lot mainly consists of lawn grasses, with Coastal Wetlands (Spartina alterniflora) waterward of the existing asbestos bulkhead. This parcel has approximately 110' of continuous shoreline along Bogue Sound. hnmediate offshore water depths range from —l' to —4' NHW. The subaqueous substrate is firm with shell. There is not a cultural resource in the nearby vicinity of the project area. This area of Bogue Sound is approximately 7,800'across at this location. These estuarine waters are not classified as a Primary Nursery Area. There are no beds of submerged aquatic vegetation within the nearby vicinity of the project area. The area is open to shellfish harvest. These waters of Bogue Sound ace classified as SA; High Quality Waters by the EMC. Proposed Development: The applicant wishes to replace an asbestos bulkhead with a vinyl bulkhead adjacent to Bogue Sound, in Pine Knoll Shores. The proposed development would take place at 204 Oakleaf Drive, Carteret County. The proposed 70' long and 4' tall vinyl bulkhead would be installed 2' waterward of the existing asbestos bulkhead. Traditional marine construction methodology would be utilized during construction. Anticipated Impacts: The proposed vinyl bulkhead would impact 100 square feet of Coastal Wetlands (Spartina altemi fora) within Bogue Sound. The proposed backfill would disturb 840 square feet of high ground. A traditional marine construction vibratory method would be utilized during construction, with minimal turbidity impacts. There is not a cultural resource in the nearby vicinity of the project area. This project area is within the White Oak River Basin. These waters of Bogue Sound are not classified as a Primary Nursery Area and submerged aquatic vegetation is not present in the nearby vicinity of the project area. This area of Bogue Sound is open to shellfish harvest. These waters are classified as SA; High Quality Waters. Brad Connell June 16, 2017 Morehead City Coastal Management ENVIRONMENTAL QUALITY June 16, 2017 Mr. Robert W. Bailey 7225 Churchill Drive Wake Forest, NC 27587 Dear Mr. Bailey: . ROY COOPER Governor MICHAEL S REGAN Secretary BRAXTON DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located within Bogue Sound adjacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. It was received on June 13, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 27, 2017. 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 June 13, 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. Nothing Compares�.c State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T �r I An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sinceerrellyr + `�( +�f Brad Connell Coastal Management Representative Bc Enclosure CC: Roy Brownlow, District Manager Gregg Bodnar, Asst. Major Permits Coordinator Nothing Compares_ State of North Carolina 1 Eavironmeriml Quality I Coastal Maaagemeut 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Ni)T1(610p]Tj LAMA PERMIT APPLIED FOR PROJECT: Construct a vinyl bulkhead within Rogue Sound at 204 Oakleaf Drive, in Pine Knoll Shores. COMMENTS ACCEPTED THROUGH -July 15x 2017 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Mr. Robert Bailey •-� Brad Connell - DCM 7225 Churchill Drive 400 Commerce Avenue Wake Forest, NC 27587 Morehead City, NC 28557 (252)808-2808 a ®ctKTIFIED MAIL° RECEIPT Domestic Mail Only -. For delivery information. visit m—„ h—,m ........... ..___ ____ S S ru ra ra O 0 O M r9 0 m -0 a 0 r` U.S. Postal Service'" CERTIFIED MAIL° RECEIPT Domestic Mail Only _ For delivery information, visit our vdebslt . at "VW.usps.con' -0 ra 0 N RECEIVED JUN 13 2017 DCM- MHD CITY Connell, Brad From: Connell, Brad Sent: Friday, June 16, 2017 10:20 AM To: 'legals@thenewstimes.com' Cc: Brownlow, Roy; Bodnar, Gregg Subject: Re: Public Notice — Robert Bailey Attachments: Wayne Bailey mod pub.docx Importance: High June 16, 2017 The Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: PublicNotice— RobertBailey Dear Sir or Madam: Please publish the attached (and copied below in the body of this email) Notice in the June 25, 2017 issue of The Carteret News 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 Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmental Concern as designated under the LAMA was received on June 13, 2017. According to said application, Robert Bailey proposes to construct a vinyl bulkhead within Bogue Sound, at 204 Oakleaf Drive, Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to July 15, 2017, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: June 25, 2017 Brad Connell Field Representative NC Division of Coastal Management htto://portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.ConnellOncdenngov -`-'"Nothing Compares.-,.. E-mail correspondence to and fromthis address maybe subject to the North Carolina Public Records Law and maybe disclosed to third parties. 2 2L-X( ■ 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 mallpiece, or on the front if space permits. 1. Aride Addressed to: IIIIIIIII IIII IIIIIIIII1I III III IIII IIII IIII I III 9590 9402 2554 6306 2705 10 2, Article Number Rransfer from servke lebe4 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ 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 sbacs nRrm»a IIIIIIIII IIII IIIIIIIIIIIIII III IIII (IIII IIII III 9590 9402 2554 6306 2705 03 _ _ . _.. ,,,, , , wry cv ro rare (530-02-000-9053 x( ❑ Agent D. Is delivery address different from Item 17 U Ye: If YES, enter delivery address below: ❑ No 3. ServIce Type 0 Pnonly Man Pxpmss® ❑Adult Signature 0 Regjstemd Mall•" ❑ Adult signature Restricted Delvery ❑ Registered MO Restricted ❑ Certified MwIS, Dei very ❑ certified Mail Restrbted calvary ❑ Return Receipt for ❑ COW on Delivery Merchandise ❑ Collect on DeWary Rmtrbted Delvery 0 Signature confirmation"" ❑ :Inured Man ❑ Sgnatu,a Confirmation 0 Ineumd Men Restricted Delivery Restricted Delivery Domestic Return Receipt 11 ' co, enter delivery address below. nure 11 PRrbnbty Man Exp'asee tum Restrktod D W Me ry 'red Mal'• ❑ Repistamd Mail Rastrictod Id Restncted Del very 0 Return Receipt for )olive' ry Merchargise »livery Restrbtetl Dollvery 0 Signature Conlirmetbn•v Rmtriotatl Denvery ❑ Signature Confimntbn Raslricled Delivery Domestic Return Receipt t;a Coastal Management ENVIRONMENTAL QUALITY June 16, 2017 The Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice — Robert Bailey Dear Sir: ROY COOPER Governor MICHAEL S REGAN Secretary BRAXTON DAVIS Director Please publish the attached Notice in the June 25, 2017 issue of The Carteret News 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 Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow Nothing Compares State of North Cmo6na I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on June 13, 2017. According to said application, Robert Bailey proposes to construct a vinyl bulkhead within Bogue Sound, at 204 Oakleaf Drive, Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to July 15, 2017, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: June 25, 2017 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 2528082808 T Connell, Brad From: Connell, Brad Sent: Monday, May 15, 2017 2:20 PM To: 'wayne bailey' Cc: 'dsmcllc@gmail.com' Subject: revisions request --bulkhead application Importance: High Mr. Bailey, Your application for approval of a vinyl bulkhead at 204 Oakleaf Drive in Pine Knoll Shores is thorough and well prepared. However, there are some items that you need to address before the DCM can accept this application as complete and begin processing it. They are as follows: 1. Project Narrative: please give a detailed description of the proposed bulkhead (vinyl, length, width, etc), and the need to impact Coastal Wetlands with fill (explain why the proposed wall needs to go in front of the existing wall as opposed to removing the existing wall and installing the new one in the same footprint, etc); 2. DCM Form MP-1, 4f: please include other primary structures (i.e. bulkhead, boat basin, etc); 3. DCM Form MP-1, 5c: please include types of equipment used; 4. DCM Form MP-1, 5d: please include vinyl bulkhead and subsequent back fill;' 5. DCM Form MP-1, 5f: please check the sq. ft. box; 6. DCM Form MP-1, 6c: please include; 7. DCM Form MP-1, 6d: please include; 8. DCM Form MP-1, 6f: please submit the signed green cards; 9. DCM Form MP-1, 6g: please reference the recent major permit # and date issued for the osprey platform; 10. DCM Form MP-2, 3a: please indicate NHW; 11. DCM Form MP-2, 3b: please indicate the width of the vinyl wall; 12. DCM Form MP-2, 3d: please indicate NHW; 13. DCM Form MP-2, 3f(ii): N/A; 14. DCM Form MP-2, 3g: please answer; 15. DCM Form MP-2, 4a: please answer relative to the normal high water (NHW) level; 16. DCM Form MP-2, 4b: please answer the square feet of back fill to be placed in the CW; 17. Work Plan Drawings: please include a typical cross section drawing of the proposed bulkhead relative to the NHW, NLW, and bottom substrate, please date the drawings and include who drew them, please number the drawing pages (i.e. Sheet 1 of 2), and please identify the NHW and CW (Spartina alterniflora) adjacent to the bulkhead. Thank you for your prompt attention to this matter. I look forward to receiving your revisions so that the DCM may begin processing your application. If you have any questions in the interim, please do not hesitate to contact me. Respectfully, Brad Connell Field. Representative NC Division of Coastal Management httD://Dortal.ncden r.orR/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.gov 'This is a word processing form to be completed In Microsoft Word*** P. - - '. NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Robert Bailey Date: 6/16/2017 Project Site County: Carteret Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: vinyl bulkhead Date of initial application submittal (EX: 1/8/2007): 5/5/2017 Date application "received as complete" in the Field office (EX: 1/8/2007): 6/13/2017 Permit Authorization: ❑CAMA ❑Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes NNo Photos Taken: Yes ❑ No® Setback Required (riparian): ❑Yes N No Critical Habitat: ❑Yes []No ®Not Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: ❑Yes NNo SAV: ❑Yes ❑No NNot Sure Shell Bottom: ❑Yes ❑No N Not Sure Temporary Impacts: []Yes NNo Sandbags: []Yes NNo ❑ Not Sure Did the land use classification come from county LUP: ❑Yes NNo Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: Yes NNo ❑NA. Environmental Assessment Done: ❑Yes []No N NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) Sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major N Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commerciallno dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808.280E :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 02/15110 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Bailey Date: 6/16/17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Bulkhead (vinyl) 1 Ma t ❑ New rk Replace ®v ❑ N 70' 1' 4' revised 02/15110 ,NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Bailey Date: 6/16/17 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One Includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp Impacts) impact amount) temp impacts) amount Coastal Wetlands Dredge [I Fill ® Both [I Other ❑ 100 ft2 100 ftz High Ground Dredge ❑ Fill ❑ Both ® Other ❑ 840 ft2 840 ft2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Bath ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 02/15/10 ON MP-1 APPLICATION for r. Major Development Permit" 1 (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name if applicable) Applicant 1: FirstNameMI G Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address d PO Box City e State ZIP 2-7'50*7 Country 1 ll&lake- Phone No. ,07 xt. FAX No. - - StreetAddress(ddifferentfromabove) City State ZIP Email Z a tivo. ul;-L . 2. Agent(Contractor Information Business Name oll's C -Ar l ' C Agent/ -Contractor 1: First Name a MI '- Last Name Agent! Contractor 2: First Name MI Last Name Mailing Address ii or5� A/'' PO Box City a r State le. ZIP / � ZS ' 111 1A9�4 Phone No.1 ` 62- ZyJ - Cs4le ext. Phone No. 2 ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email RECEIVED <Form continues on back> MAY 0 5 2017 F g A a5o DCM- MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net + 'Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # z Subdivision Name C' State Zip anme 1/7 eA v ZSSI Phone No. Lot No.(s) (if many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project h c. Is thg water body identified in (b) above, natural or manmade? d. Name tit osest major water body to the proposed project site. atural []Manmade❑Unknown `fJ e. Is pr posed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ork falls within. IWYes ❑No Al;e A9,211 fkrcS a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1 c. Size of individual lots) 8l) 0-cre d. Approximate elevation of tract kove NHW (normal high water) or p NWL(normal water level) (If many lot sizes, please attach additional page with a list) WHW or ❑NWL e. Vegetation on tract grass,-�-r�es f. Man-made features and uses now on tract - !'e5i g. Identify and describe the existing land us/es adiacent to the proposed project site. r'eSiCfP!!�`%C[� ilPlrj'%.%Or1ld�G✓ h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) re5idej-/ia7 ❑Yes []NO PMA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes VNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes &Ko ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a [-]Yes FWro ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> MAY 0 5 2017 1'1GM ItAH9 /SIT 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ^❑,Y,�es o ty (ii) Are there coastal wetlands on the site? res ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes pifil'o (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. Commahi)&4er' p. Describe existing stone water managerrifint or treatment systems. n la- 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government jWrivate/Community b. Give a brief description of pulpose use, and daily operations of the project when complete. R ce a c�1�� &IAfhee?c 5ea"I) 6&1na?ed Al I-luly-i code MA>llka) c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the nu be of each type of equipment and where it i to be stored. Tir r�r//Q ter: - o.� 2 C./o- 1Ju/11,4 SeaGu?/1 �o re�0/!!ce a e i/e d�e3'4 i-e6,o& 1. 77e lXez,- 5eau47/1 W,,11 he 1ty5Pk/k d. List all development activities you propose. r /C TC q�S e. Are the/proposed activities maintenance of an existing project, new work, or both? /! -A? 1 f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres 240 g. Will the proposed project dKiroach on any public easement, public accessway or other area ❑Yes Pilo ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stornwater be discharged into a wetland? ❑Yes GKo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes F),4o DNA j. Is there any mitigation proposed? ❑Yes o(� RECEIVED If yes, attach a mitigation proposal. v V <Form continues on back> MAY 0 5 2017 DCM- MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properf prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No.[25.2 -7Z6 - d-11'JS Address ZO'Z f.GrK .�Q� /✓liG'� f�ihP �!b/� Name i�ri5 4 Eri ka_ Mj kl�ql // Phone No. Address toe), &>X SJ�B 03 zS-3 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. '`Certification and Permission to Enter on Land I 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 feder�'r view agencies to enter on the aforementioned lands in connection with evaluating information related to this permit apo, ca on and follow-up monitoring of the project. 6�.. 1 further certify that the information provided in this application is truthful to the best of my knowledge. DateJ12y 5. %D/'% Print Name LZZU/he &/ kq' Signature ,,/CDb" � 7a indicate application attachments pertaining to your proposed project. MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information MAY 0 5 2017 DCM- MHD CITY 252.808.2808 .. 1.888-4RCOAST ., www.necoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this -form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Cnl Channel Chan el (NLWBreakwater Canal I Boat Basin Boat Ramp Rock Groin Rock (excluding NWL shoreline stabilization Length Q Width f , ,V Avg. Existing - Depth NA NA Final Project Depth NA NA 4. EXCAVATION ---------- --------------- a. Amount of matenal to be excavated trom below NHW or NWI. in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (it) Describe the purpose of the excavation in these areas: 2., OSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? []Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL []None III) Describe the purpose of disposal in these areas: This section not applicable b.___ Type of material to be excavated. d. High -ground excavation in cubic yards. l 1 This section not applicable b. Dimensions of disposal area J. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? RECEIVED MAY 0 5 2017 DCM_ MHD CITY 252-808.2808 :: 11-8884RCOAST :: www.nccoastalmanaaern nt_net revised: 12l26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 13 SHORELINE STABILIZATION ❑This section not applicable (If developmentis a wood groin, use MP-4- Structures) a. Type of shoreline stabilization: b. Length: , )gulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: _ Heiiif ry c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: I n I e. Type of stabilization material: f. yiinyl eulkAead g. Number of square feet o II to be placed below water level. h. Bulkhead back.... Riprap Breakwater/Sill Other I. Source of fill material. ✓.1t1y%1 Ct GIB Ll�4 r�ek'l (i) Has there been shoreline erosion during preceding 12 months? Dyes a o ❑NA III) If yes, state amount of erosion and source of erosion amount information. Type of fill material. ' V F' ll Dili 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) -- -- --- --- ---- - _ - - --- a (i) Will fill material be brought to the situ �es ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (OW), If yes, (ii) Amount of material to be placed in the water Ad - (hi) Dimensions of fill area ('Iv) Purpose of fill /ilardL QA a'QG/y1 submerged aquatic vegetation (5AV� snell bottom (58), or other wetlands (WL)? If any bones a checked, provide the nu ber of square feet affected..` OWL ❑None (ii) Describe the purpose of the fill in these areas: , RAL a. HowvAl. excavatedor fill ma:era l be kept on site an erosion b. What type of construction equipment will be used (e_g., dragline. controlled? backhoe, or hydraulic dredge)? /dirf will 6o- -,diced old amd Ilea) &b// c. (i) Will navigati nal aids be required as a result of the project? �d. (i) Will wetlands be cyLassed in transporting equipment to project Dyes Wo DNA site? Dyes RAo DNA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Applicant Name / del z1a?'VAC, Ate Applicant Signature • 7 MAY 0 5 2011 252.808.2808::1-888.4RCOAST:: www.neeoaatal_manage_ment.net DC M. IV9fl ®vQ�1�1;r26/06 May 3, 2017 Project Narrative for the Replacement Bulkhead for 204 Oakleaf Drive, Pine Knoll Shores, NC Applicant: Robert W. Bailey The northern property line along the Bogue Sound at 204 Oakleaf Drive has an approximately fifty year old, seventy foot long bulkhead seawall which is comprised of cement reinforced with asbestos fiber. Like many bulkhead seawalls produced during this period, this wall has been gradually deteriorating over the past years. The wash created by Hurricane Matthew in October 2016 accelerated the structural deterioration of the bulkhead to the point where there is considerable erosion behind the wall resulting from breaches in the wall (photo attached). Removing and replacing this seawall will allow asbestos fiber particles to be released into the air causing potential harm to workers and to the environment. In order to eliminate any asbestos fiber release, a vinyl bulkhead seawall can be installed within two feet of the existing wall. Once installed the area behind the new wall will be backfilled with fill dirt. This back fill will encapsulate the old wall containing asbestos and should permanently mitigate any future asbestos fiber particle releases. This solution was found in the article titled "What to do about Asbestos in Crumbling Seawalls", http//everlastseawalls.com/what-to-do-about-asbestos- seawalis?. A diagram is attached which shows the location of the wall to be replaced. RECEIVED MAY 0 5 2017 DCM- MHD CITY RECEMEID MAY 0 5 2017 DCM- MHD CITY � pU ue V LA A ,, } Lt1 c U > p ut�Z�i�ad�vo�I .e _ 770 -. ny I &Ikde o +n bC i n5:4T lled W / cr U 7o' Au 1 he Wall 4o be replaced 20,+ Gg1< Ievr� Qr/vC {�nna- I Pam' Dom MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) bg North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name � N C` i' Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names N&ad. Mailing Address PO Box city Stale U', e e. ZIP Country I Phone No. FAX No. 27 17 1 I,da Ke- M6 16W -4,611 . Street Address (if different from above) I city state ZIP Email n A - /PL . 2. AgentContractor Information Business Name 54 171ar Agent/ Contractor 1: First Name MI Last Name r G ryL T Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State _ 0r5Q Dr c)r• c. ZIP Phone No. 1 Phone No. 2 z1b514, u9.4 252- 7#1- (oq&2 e'd ext. FAX No. Contractor# street Address (d different from above) CRY State ZIP Email (1,ewil J <Form continues on backs MAY U 4 LUl/ DCM— MHD CITY 252-808-2808 :: I.888-n .,..-, .. ........, c c 0 a s t a tm u n a g e m e n t. n et Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. 0 Z Subdivision Name C State Zip Phone No. Lot No.(s) (if many, attach additional page with list) -11i%- y7-7 ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project h C. Isstthh water body identified in (b) above, natural or manmade? t atural ❑Manmade ❑Unknown d. Name t ant major water bodX to the proposed project site. Q V e. Is pr posed work within city limits or planning jurisdiction? ;res ❑No I. If applicable, list the planning jurisdiction or city limit the proposed rk fells within. 4. Site Description a. Total length of shoreline on the tract (ft) o i b. Size of entire tract (sq.ft.) c. Size of individual lolls) ��11 QC d. A ximate elevation of tract ve NHW (normal high water) or G Ojjl j I-e MAIL. (normal water level) (if many lot sizes, please attach additional page with a list) (7F1HW or ❑NWL e. Vegetation on trap I. Man-made features and uses now on tract re 5 i L-/e4 //<?/ g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local govemment zone the tract? i. Is the proposed project consistent with the applicable zoning? / (Attach zoning compliance certificate, if applicable) r ek-//'r"/ /C ❑Yes ❑No PNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Who k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes &340 ❑NA If yes, by whom? - 1. Is the proposed project located in a National Registered Historic District or does it involve a Dyes 00 ow National Register listed or eligible property! <Form continues on next page> MAY 0 4 Z017 n - MHD CITY 252-808-2808 ,. 1-808.4RCOA5T .. WWW.ncc Oastalmanagemont. net Form DCM MP-1 (Page 3 of 4) M. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (it) above, has a delineation been conducted? (Attach documentation, d available) n. Describe existing wastewater treatment facilities. .,/ e-pj i c.. -dC(n K o. Describe existing drinking water supply source. FA p. Describe existing storm water managembM or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, APPLICATION for Major Development Permit ❑Yes P " E/es ❑No ❑Yes QKo o POdvate,Community b. Give a brief description of pu�s ap use, and dairy operations o the project when complete. r ct r�Ape give liu/Kleac/ 6eVew// dama"91ec 1 c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the nu be of each type of equipment and where it to be stored. o� a. �A , / br./�1�S�2ri �accrr/ � �o%tc� a e _ ; ,x ntitr5-�.>. rv:ii�nr��p�/P��nc�n-� 1x'chlu�'t/�• �/W�v�tup// d. List all development activities you propose. Il7fj clue _ rP /J /t I e. Are the/proposed activities maintenance of an existing project, new work, or both? i R .{1�4z"Vjarz--Wei/ . , f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres z g. Wit the proposed project dfr6roach on any public easement, public accesaaay or Mho area []Yes 00 ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. t. Will wastewater or stormwater be discharged into a wetland? []Yes o []NAIf yes, will this discharged water be of the same salinity es the receiving water? ❑Yes Q40 ❑NA j. Is there any mitigation proposed? ❑yes Wo ❑ If yes, attach a mitigation proposal. IREC E I V I <Form continues on back> MAY 0 4 2017 7 DCM- MHD CITY 252.808-2808 :: I.888.4RCOAST :: www.nccoa sta lmanagement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application loon, (MP-1) the lolk»ving items below, if applicable. must be submitted in order for the application package to be complete. Items (a) — (0 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 pat (including plan view and cross -sectional drawings) drawn to scab. 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 o 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 tale 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 i Cf/' h Q e Phone No.(•-25-X %Zlo - D '%8 Address ZOZ � �{. Name Kris QI- Eriek� lNra'(c / ,I Phone No. Address PO 6e>x 650 v t& />/�i �. JI% , 03 2 75—_-�' Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Indude permit numbers, permiltee,rd issuing dates. f` h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. i 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 l of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this applicationistruthful to the best of my knowledge. Date 121ay ev 1 Print Name Signature /ba / gl�/ PI�e indicate application attachments pertaining to your proposed project. [i96CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information MAY 04 2rr:l DCM- M 252-808.2803 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCfvi ivir-[ EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel Other (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL Breakwater shoreline stabilization Length _ Width 4 Avg. Existing Depth NA NA Final Project 4_ Depth NA NA I ' - - - - -" 10This section not applicable a Amount of material to be excavated from below NFIW or NWL in b. Type of material to be excavated. cubic yards. C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SO), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ ❑WL _ []None (it) Describe the purpose of the excavation in these areas: d. High -ground excavation in Cubic Yards. P I 1 4 �2. DISPOSAL OF EXCAVATED MATERIAL This section not applirableDISPOSAL OF EXCAVATED MATERIAL This section not apptcable a Location of disposal area. b. Dimensions of disposal area. a (I) Do you Clain title to disposal area? d. (i) Will a disposal area be available for future mainlenance? ❑Yes ❑No ❑NA Oyes ONO ❑NA (it) If no, attach a letter granting permission from the owner. (n) If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (it) Describe the purpose of disposal in these areas- (i) Does the disposal include any area in the water? ❑Yes ONO ❑NA (ii) If yes, how much water area is affected? MAY 0 4 2017 DCM- MHC CITY 252-808-2808 :: 1-888-4RCDAST n www.nccoastalmanagement.net revised: 12126106 Form DCM MP-2 (Excavation and Pill, Page 2 of 2) e. rr rrn mllpt �w IIWI 3. �NCREurLc�rncr�icn+rvrr' ❑ This section not applicable (If development is a wood grain, use MP-4 — Structures) t a. Type of shoreline stabilization: b. Length: __w Wulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Wes: Hell)* L/ C. Average distance walerward of NHW or NWL. d. Maximum distance watterward of NHW of NWL: , I .-+ e. Type of stabilization material: f. l;I)yl &418Aead g. Number of square feet of�fill to be placed below water level. h. Bulkhead bacl. (/ Rlprep Breakwater/Sill _ Other i. Source of fill material. 1"f1411 GL; At) Lt)O74r /ecc'/ () Has there been shoreline eroson during preceding 12 months? []Yes R`110 ❑NA (it) It yes, state amount of erosion and source of erosion amount information. Type of fill material. ' I,/ / / _Dirt 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? es ❑No []NA b. (i) Will fill material be placed in coastal wetlandsimarsh (CW), If yes. ^/A wunc,ycu ayuauu vryemrwru tunvl. snen oouum tao/, m (ii) Amount of material to be placed in the water .L--IfL other wetlands (WL)? If any boxes are checked, provide the nu ber of square feet affected. (iii) Dimensions of fill area _ ❑$AV ❑SB (iv) Purpose of fill ❑WL _ []None ail iii sh (ii) Describe the purpose of the fill in These areas: 5. GENERAL a. How will excavated of fill material be kept on site and erosion b. controlled? OILY crnr ne dlcc�b// ulY» c?/itkrr, C. () Will navi—geh9 net aids be required as a result of the project? d. ❑Yes UFO ❑NA (ii) If yes, explain what type and how they will be implemented. Date Project Name. n^ F'1 i What type of construction equipment will be used (e.g.. dragline backhoe, or hydraulic dredge)? F_xciUQ•foi' anal loaala - (i) Will wetlands becryssed in transporting equipment to project __ site? ❑Yes o ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name - I Applicant Signature MAY 4 ?017 DCM- MH® CITY 252-808-2808 :: 1.8S8.4RCOAST :: w .neconstaimanaaement.nart revised: 12126/06 May 3, 2017 Project Narrative for the Replacement Bulkhead for 204 Oakleaf Drive, Pine Knoll Shores, NC Applicant: Robert W. Bailey The northern property line along the Bogue Sound at 204 Oakleaf Drive has an approximately fifty year old, seventy foot long bulkhead seawall which is comprised of cement reinforced with asbestos fiber. Like many bulkhead seawalls produced during this period, this wall has been gradually deteriorating over the past years. The wash created by Hurricane Matthew in October 2016 accelerated the structural deterioration of the bulkhead to the point where there is considerable erosion behind the wall resulting from breaches in the wall (photo attached). Removing and replacing this seawall will allow asbestos fiber particles to be released into the air causing potential harm to workers and to the environment. In order to eliminate any asbestos fiber release, a vinyl bulkhead seawall can be Installed within two feet of the existing wall. Once installed the area behind the new wall will be backfilled with fill dirt. This back fill will encapsulate the old wall containing asbestos and should permanently mitigate any future asbestos fiber particle releases. This solution was found in the article titled "What to do about Asbestos in Crumbling Seawalls", httpHeverlastseawalls.com/what-to-do-about-asbestos- seawalls?. A diagram is attached which shows the location of the wall to be replaced. RECEIVED MAY 0 4 2017 DCM- MHD CITY RECEMVED MAY 0 4 Ail Dcm- mfl', - 1 -11 Boo- I1-A4 -70A 0rq) &1kieao4 ttb1) W tr i n-,5LL,- Ilea � U y 1 %G E� y� aul} a Wall de be replaces i i f! orb k