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HomeMy WebLinkAbout66-17 Evergreen HorizonsPermit Number 66-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Led to Evergreen Horizons LLC., 16415 Northcross Dr. Huntersville NC 28078 horizing development in Beaufort County at adi. to Pamlico River off of Cypress Shores as requested in the pernutted's application dated 1/20/17 including attached dated "Revised" 3/28/17 and (1) dated "Revised"2/27/17. This it, issued on May 30, 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. Excavation Should excavation take place within the period of peak biological activity (1 April — 30 September) of any year, then a turbidity curtain shall be left between the area to be excavated and the existing canal, and. a 24-hour period after completion of excavation shall elapse prior to silt screen removal to prevent unnecessary siltation into the adjacent water body. No excavation shall take place outside of the area indicated on the workplan drawings. Excavation shall not exceed -3.5 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) s permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the ied persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. permit must be accessible on -site to Department net when the project is inspected for compliance. maintenance work or project modification not covered der requires further Division approval. must cease when the permit expires on December 31, 2020 this permit, the State of North Carolina agrees that is consistent with the North Carolina Coastal t Program. �r Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Horizons, LLC.Permit No. 66-17� Page 2 of 3 ADDITIONAL CONDITIONS The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Maintenance Clause The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the perniittee's signature shown anew on the original plan. Spoil Disposal The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken .place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property. Docking Facility This permit authorizes only the tie pilings and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. This permit authorizes a maximum of 2 formalized boat slips. Should either Lot 15 or Lot 16 be sold prior to the initiation of the construction of docking facility, or sold prior to the construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15-foot riparian corridor setback and submit it to the Division of Coastal ": Management prior to initiating construction of the docking facility. Evergreen Horizons, LLC. ADDITIONAL CONDITIONS Boat Ramp Permit No. 66-17 Page 3 of 3 12) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 13) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall`be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. General 14) 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. 15) 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. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2017-00564). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4097 and assigned the project DWR Project No. 2008-1775V3 issued 5/2/17. NOTE: The permittee is advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. IN MP-1 APPLICATION for --r Major Development Permit (last revised 12127106) A� North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicanf/Landowner lnionnadon Business Name Eve ce orniydffs 'r•rc Project Name (if applicable) 3-A9 d Y Ska ices S� dd,'vrf« Applicant 1: F16 Name MI last Name ` LIqnK 9,-tq Applicant 2: First Name MI Last Name If additional appikents, please attach an additional pages) with names Ilsred. Mailing Address lb fl 5' Apitri4cnosl f%Z ve PO Box N City i1wrienrvi'lle State /!G ZIP Country Phone No. C4 1 j9-1 — o FAX No. z807f I/s14 70tViv Y4ext Street Address (d different from above) City State ZIP Ally" k/A Email /A A^ YIPr4A 6-eV4A AE64rSO ✓ref . C oral Z Agen- Business Name 0,) J /2(G %vn nksJl^( e,4 . Agent/ / Contractor 1: First Name l0a d MI I- r Last Name X JsG ( -i K Agent/ ContraclorA2: First Name MI last Name Mailing Address !' /N 14/t5r ftcd&td Sr&6g PO Box /r City 11%/flA14 filly State /VC ZIP �7 89 q Phone No. 1 21-2- f yT� Phone No. 2 - IY/.4 ext. FAX No. Conhac0or #1� Street Address (If dillerent from above) K 4 City �1 �,I 4- state /A`� ZIPA/ /l/t W//]-I Email RECEIVED MAR 16 2017 <Form continues on back> RCM- MHD CITY c ,3 an z:?n,>nt,n,=! Form DCM MPA (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address C SA6/taf /Z1 State Rd. It S1ZI3s'� e Lvi or- o/L-r Aess Subdivision Name s City K1*sAtAt r�ti State N� Zip ~�e Phone No. Lot No.(s) ilf many, attach additional page with list) - o- ON i�ext. , j� 14, , a. In ich INC river basin is the project located? b. kame of body of water nearest to proposed project TAIL— AJN ItLJ /I'WHMriJe CArf/<4caI?I c. Is the waterib9dy identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural kanmade ❑Unknown /9 L0 /�; VA/%„ e. Vp posed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []No work falls within. ;iTes �+ 2 ye_- /L Lovm r 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 'f&roslde of G,O+ AIt 6 ft c. Size of individual lot(s) 0.36 D.�f2, 0 0,33 Acrc.0 d. Approximate elevation of tract above NHW (normal high water) or NWL normal water level r ) e /- ❑NHW WL it/ma4lot sizes, pie a attach additional page with a list) or t e. Vegetation on tract 6rn'4sled R►id ��wed w.�( so,Mc ti��t.wd .416 4.4, crf•r.� f. Man-made features and uses now on tract AO Ads i,�� r-ensy rTe rq g. Identify and describe the existing land uses adlacent to the proposed project site. toes( d en/rt,-+l h. How does local government zone the tract? Crw� l rr 0v e f Iv°'t' I. Is the proposed project consistent with the applicable zoning? 1TyZNVeon r (Attach zoning co !" rice certificate, if applicable) /%k ✓— *7�J Dyes ❑No XNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes ANO k. Has a professional archaeological assessment been done for the tint? 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 Ao ❑NA National Register listed or eligible property? rp <Form continues on next page> RECEIVED mAW16 2017 Z DCM M Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? es ❑No (it) Are there coastal wetlands on the site? ❑Yes �PiNo (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? asCNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. SeWA?R.. is r'o 4.e.. d rlo(Jsed O F dsdK i;l Irt�t,ald pr(�y sysre Ms, o. Describe existing drinking water supply source. Govut)( wR reK s rTe hA- p. Describe existing storm water management or treatment systems. Low d-aN-ory B,gv4to ,k.eNr 5. Activides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliGGovemment rivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. I _ �e/rs✓�ol t ✓[J 1.�. 170.0,T L'AVHG, A& -If A of ci 7- S A? l j—J/L �r 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.- l3lj�uc hoe .qK d 7rcfcl�d , d. List all development actMties you propose. c -1�AL6�Id ✓APrt�A fao4r �/�fr u e. Are the proposed activities maintenance of an existing project, new work, or both? 45AN#1 /v►Askr-e-iLd- AAIJ f. What Is the approximate total disturbed land area resulting from the proposed project? /) to"r 4P00"' f ✓^^t 1 INLI#dI►! clif q.Ft or ❑Acres off g. Will the proposed project encroachYbn any public easement, public accesswag or other a a ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. S�ea 1 Flow vverL. Y/L&qS, I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ❑No A If yes, will this discharged water be of the same salinity as the receiving water.? Dyes ONO NIKI A J. Is there any mitigation proposed? DyesDNA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> > . ' MAR 16 2017 3 'Sr 11 WW'Ar.nc 0asBCM,*HD-0tTY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformatlon 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) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to propedy prepare the required items below. a. A project narrative. V 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 distinguis between work completed and proposed. re. site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. ✓ copy of the dead (with state application only) or other instrument under which the applicant claims tide to the affected properties. he appropriate application fee. Check or money order made payable to DENR, list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such wners have received a copy of the application antl plats by certified mail. Such landowners must be advised that they have 30 days in hich to submit comments on the proposed project to the Division of Coastal Management. Name Tirr4^- R �IK j pl✓.�i.>•/' �r+ Phone No. Address Sip 11S 13—/7 So!/rrt t (;r/I:cdson ItIC, 274Y 3 Phone No. Name Address Name ' ✓FW GO�'(A/t' tQi Phone No. Address (L3 "57- lifi I/.gp- /lc tt,e o d At . C .2 rs g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates. GA MA 2-o9 A4 ? h. Signed consultant or agent authorization form, if applicable. d✓ I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must pe signed by properly ownsO 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.h( 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 t at the information provided in this application is truthful to the best of my knowledge. Date l 2 p 7 Print Name a d i C a N Signature Z Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts �CM MP-3 Upland Development RECEIVED CM MP-4 Structures Information MAR 16 2017 nhaa noun nrT�— at.nat 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 F-, Other Channel (NLW or so nor Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 4 1 130 t f O z% Width 4, yo I z. l31- At14 /V A Avg. Existing Depth 1A 2- S O Z• f NA NA Depth Project /q/4 �,�� 3.� 7. NA NA l 1. EXCAVATION a. Amount of mat/anal to be cavated from below HW or NWL in cubic yards, to r y d S jN 13J-Vr below c. (i) Does the area to be excavated include coastal wetlandsimarsh (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 &tone (ii) Describe the purpoo a of the excavation in these areas: 14 L 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Ok sire 23 c. (I) Do you claim title to disposal area? Yes []attach (iilAnno, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wellandslmarsh (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 _ )kwone (ii) Describe the purpose of disposal in these areas: 14 /pr ❑This section not applicable b. Tvoe of material to be excavated. S4NJ,/ r d. High -ground excavation in cubic yards. !Y8 y.0 Hr3o%ekwt. 7�Tg� 6,�.c OW*rloN lY8 6s, �J zZ3 Yaj= [I This section not applicable b. Dimensions of disposal area. Z ;? 7j ° fT d. (i) Willa di A area be available for future maintenance? ❑Yes MNo ❑NA (ii) N yes, where? f. (i) Does the disposal include any area in the water? ❑Yes No ❑NA III) If yes, h much water area is affected? RECEIVED MAR'16 2017 nCM- MHD CITY Form DCM MP-2 (Excavation and Fill, '2 0 3. SHORELINE51,atstuu+11Wn (If development is a wood groin, use MP-4 — Structures) a. I yW or snorer lu smummuv, ,. ulkhead ❑Riprap ❑Breakwater/Sill ❑Other. — c. Average distance waterward of NHW or NWL: ZZ/Lo e. Type of stabilization material: ( ► f�tr6yf BK Wu1J g. Number of square feet of fill to be placed below water level. Bulkhead backfill Zttyp Riprap A11,1 M Breakwater/Sill _,�fL4 other��' i. Source of fill material. 0►r-Strf UThis section not applicable Width: I_ d. Maximum distance waterward of NHW or NWL: 2 Z- f. (I) Has there been shoreline erosion during preceding 12 months?����//// ❑Yes o ❑NA (ii) If yes, s to amount of erosion and source of erosion amount information. h. Type of fill material. S 4xct 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought m the site? ❑Yes ONO ❑NA b. (1) Will fill material be placed in coastal wetands/marsh (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or it yes, (ii) Amount of material to be placed in the water (Ili) Dimensions of fill area — (iv) Purpose of fill omerwevands tWLif rr any ooxee am u,oenau, plu-ma w— number of square feet affected. ❑CW ❑SAV — ❑SB — OWL ❑None (ii) Describe the purpose of the fill In these areas: I5 GENERAL I a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? C. (I) Will nevig4 onal aids be required as a result of the project? Oyes, TO ❑NA (it) If yes, explain what" and how they will be implemented. Date l / 2p /17 Project Name sI,kdy 6 d. (i) Will wetlands bi yyossed in transporting equipment to project site? ❑Yes ?No ❑NA (ii) If yes, explain steps that will betaken to avoi or minimize environmental impacts. RE GA E I V E D MAR 16 2017 DCM— MHD CITY Applicant Name 41 J eeN H/vni aNs '-oft Si luf % !*dr/� L.R;c�.. tids�1. Ar7.tTn.7 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) SN1-Pdy Sl-dA'es-S4JIVIJIJLA != v4l< piN t e rY #w i z o h(j Z-(Cl Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ��....// []Commercial❑PublictGovemment V'rivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width _ �,,/ (v) Floating ❑Yes t�pNo e. (i) Are Platforms included? []Yes WNo If yes: III) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from ddpline dimensions. g. (!)Number of slips proposed 2 (ii) Number of slips existing 0 [I This section not applicable b. (i) Will the facility be open to the general public? ❑Yes XNo d. (i) Are Finger Piers included? ❑Yes I�INo If yes: / (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No f. (i) Are Boatlirts included? ❑Yes IjQNo If yes: ` (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies 7 Dockage ('Wet slips") only, number of slips: Z Dry storage; number of boats: Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel ! S) W eK lSjg Ts ❑Open water, no dredging required ❑`jher,please descri; fr) q DiIR. t N r}H MA'dC C/i NAI. k. Typical boat length: 2-0 M. (Fit ll the facility have lie pilings? es ❑No yes number of tie pilings? 6 I. (i) Will the faqIily be open to the general public? Dyes N 0 RECEIVED MAR 16 2017 DCM- MHD Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS f nis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. "\ ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpouk Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? MAR 16 2017 DCM- MHD CITY Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the madna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ja`This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number — (Iii) Length — Qv) Width — Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock gran, use MP-2, Excavation and Fill.) (This section not applicable a. (I) Number — (it) Length — (itt) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ffihis section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline — Note: This should be measured from marsh edge, if present. e. Am of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) MAR 16 2017 DCM- MHD CITY 7 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Z.2Ka ZOov f �i}Lavq G/yAl.1/ Note: For buoy or mooring piling, use arc of swing including length l of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NW L oicele..�y- II e. (i) Will naviqa///fff��rpppnal aids be required as a result of the project? [--]Yes MNo ❑NA (ii) If yes, qj plam what type and how they will be implemented. 18. OTHER Whis section not applicable I a. Give complete description: Date / 17 011 % Project Name Applicant Name fle {�AY4 Z.O K,s Applira RECEIVED MAR 16 2017 DCM- MHD CITY f1) T POP.430 1210 1206 1209 0.07 'a 4 1� 1212 U0B 12221' A 1221 a 116i a 1238 1193 'ce 01230 Im 1231 1P91 i� 1388 1308 I O P A c J ai 1320 �38 Q t (n. W U O N Q 1313 Im e 2 �13 W ' U BEAUFORT COUNTY go,. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANTS NAME: Evergreen Horizons, Inc., Shady Shores 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in Beaufort County, North Carolina Photo Index —2006; 100-8156, S 13 3. INVESTIGATION TYPE: CAMA & State Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 21 February 2017 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 27 February 2017 Office - Washington 6. SrM DESCRIPTION: (A) Local Land Use Plan - 1997 Beaufort County Land Use Plan Land Classification From LUP - Conservation (water), Transition (land) (B) AEC(s) Involved: Estuarine Water, Public Trust Area and Coastal Shoreline (C) Water Dependent: Yes (D) Intended Use: private (E) Wastewater Treatment: Existing - none Planned — N/A (F) Type of Structures: Existing — bulkhead, pier, canal, boat slips Planned - maintenance excavation, basin, bulkhead, boat ramp, 2 slips (G) Estimated Annual Rate of Erosion: N/A (II) Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404) (B) Non -Vegetated Wetlands f3,080ft' Canal Bottom (maintenance and basin (C) Other (Uplands) t375ft2 (boatramp) (D) Total Area Disturbed: f3,455W (0.07 acres) MAR 16 2017 (E) Primary Nursery Area: No (F) Water Classification: SB NSW Open: No DCM- MHD CITY 8. PROJECT SUMMARY: The applicant proposes maintenance excavation, new basin excavation with two boat slips and a boatramp within Shady Shores Subdivision. AOL _ w Evergreen Horizons, Inc. Shady Shores Subdivision Beaufort County Project setting The project site, Shady Shores is an existing 27 lot subdivision located on the east side of the terminal end of SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in Beaufort County, North Carolina. The original subdivision and associated docks were permitted via CAMA Major Permit numbers 76-08 and 82-09. The previously permitted development includes a 27 lot subdivision, a pier with platform located within Pamlico River proper, approximately 200linear feet of bulkhead, walkway located over wooded wetlands, 10 slip docking facility, gravel subdivision roads, storm water pond and a man-made canal system. The subdivision is approximately 21 acres (919,980 ft2) in size and has approximately 2,300 linear feet of shoreline. The subdivision elevation ranges from 3' —10' above Normal Water Level (NWL). Water depths within the man-made canal average approximately 3.5' below NWL. There have been Section 404 Wooded wetlands identified within the boundaries of the subdivision. These wetlands have been identified on plats submitted for CAMA Major permit number 76-08 and 82-09. A portion of these wetlands are located on lots 13 and 14 which is on the north side of the canal being excavated. A drainage culvert is also located in the head of the canal which goes under the subdivision road and ties into a wooded wetland system west of SR 1354. Both the eastern (downstream) side and western (upstream) side of the subdivision are developed lots with single-family dwellings with bulkheads and piers. The Pamlico River is classified as SB NSW by the Environmental Management Commission at the project site. The Pamlico River is Coastal Fishing waters and is not open to shell fishing. Project description The applicant proposes to conduct maintenance excavation on the most upstream end of the man-made canal. The excavation dimensions are 13O'L x 20' W x 1.0' D. Approximately 96 cubic yards of material will be excavated to a final project depth of 3.5' below NWL. The applicant also proposes to excavate an upland basin which equally bisects lots No. 15 and 16. The basin will total 40' along the canal with 20' on each lot. The basin will extend 12' landward into the lots and will be excavated 3.5'below NWL. The spoil excavated from both the maintenance excavation and new basin excavation will be placed on lot no. 23 within the subdivision. Eight tie pilings will be installed in the upland basin to create two boat slips, one for lot 15 and one for lot 16. Additionally, the applicant proposes to construct a 15' W x 26' L boat rump at the terminal end of the Canal. The concrete boat ramp pad will extend landward an additional 24'. Approximately 265 linear feet of bulkhead will be constructed at NWL adjacent to the areas of both new and maintenance excavation. RECEIVED MAR 16 2017 DCM- MHD CITY Evergreen Horizons, Inc. Shady Shores Subdivision Beaufort County Page 2 Anticipated impacts Approximately 96 cubic yards of material will be excavated from the existing man-made canal. Theexcavation of the basin will result in 103 cubic yards of material being excavated from below NWL. The total number of proposed slips for this project will be two. The installation of the new bulkhead will result in localized turbidity. Kelly Spivey —13 March 2017 RECEIVED MAR 16 2017 DCM- MHD CITY N."', r-0. Coastal Management ENVIRONMENTAL QUALITY May 30, 2017 Evergreen Horizons, LLC 16415 Northcross Dr. Huntersville, N.C. 28078 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXT.ON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the'copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, o� v 1°louglas V. Huggg6 Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Qualhy I. Coastal Management Morehead City Office J 400 Commerce Avenue I Morehead City, NC 28557 252.8082808 DCM Coordinator: -90JA Q Permit #: 66 -- i 7 MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: fl��)�Gsv�l� •� Z BD7& Washington: Raleigh Bland (BeautAt, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkinslm State Property: Tim Walton DEMLR/DWR: 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, Pender, New Hanover) Chad Coburn - 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARC)W Permittee #: Agent# DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: EVERGREEN HORIZONS ENC County: Beaufort LOCATION OF PROJECT: BEAUFORT COUNTY OFF SR 1354 (CYPRESS SHORES ROAD) EAST OF THE CITY OF WASHINGTON ON THE PAMLICO RIVER IN BEAUFORT COUNTY, NORTH CAROLINA DATE APPLICATION RECEIVED COMPLETE BY FIELD: 27 FEBRUARY 2017 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: KELLY SPIVEY �c DISTRICT OFFICE: Washington I DISTRICT MANAGER REVIEW: Howt-U B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'r: $ 400.00 (60/40) PUBLIC NOTICE REC'D: END OF NOTICE DATE: `1111 ADJ. RIP. PROP NOTICES RECD: DEED RECD: APPLICATION ASSI TO: M ON: 1 C) 75 DAY DEADL 1 0 DAY DEADLINE: 140LD 5414►1 o�F t '� S/1//1 i. n1 t, MAIL OUT DATE: STATE DUE DATE: q , FEDERAL DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Y , k //'� (vi� A".S Coastal Management - LUP Consistency i 1 l Division of Community Assistance (� 1 x Land Quality Section G I y/ Division of water Quality 40 l rl + 1/ o v- 4 sr,r�wr..a teo -1-1V If ' Storm Water Management (DWQ) 3p t`► r t `�y µ^ �✓ SW �7Sll l o State Property Office ; n i Division of Archives & History 3 3(t Division of Environmental Health 1l 1 1 K Division of Highways 1 14 Wildlife Resources Commission k A VED Local Permit Office Division of Marine Fisheries j } IN, zi0 pr a� Corps of Engineers 5';Its DCM- M CITY 5, 201�— ?WS �'(w4n f Water Resources Environmental Quality May 2, 2017 Evergreen Horizons, Inc. Attn: Mr. Larry Bragg 16415 Northcross Drive Huntersville, NC 28078 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR # 2008-1775 V3 BEAUFORT County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Tar-Pamlko Riparian Buffer Impacts with Additional Conditions Cypress Shores on the Pamlico (Formerly Shady Shores Subdivision) Dear Mr. Bragg: You have our approval for the impacts listed below for the purpose described in your application dated March 13, 2017 and received by the Division of Water Resources (Division) on March 16, 2017 with subsequent information received on March 31, 2017 and April 28, 2017. These impacts are covered by the attached Water Quality General Certification Number 4097, Tar -Pamlico River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s)198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the LAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 028.0259(8)j Type of Impact Amount Approved (units) Permanent Amount Reduced (units) Temporary Plan location/ Reference Attached Open Water OW-1 (Canal Maintenance) 0.04 (acres) 0 (acres) OW-2 (Boat Ramp Fill) 0.01 (acres) 0 (acres) Sheet 1 of 2 Buffers -Zone 1 B-1(Excavation of Boat Basins) 480 (square feet) 0 (square feet) B-2 (Bulkhead Installation) 0 (square feet) 3,780 (square feet) Sheet 1 of 2 State or NorO Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mail, Washington, North Carolina 27889 252-946-6491 CYPRESS SHORES ON THE PAMLICO A (FORMERLY SHADY SHORES) DWR# 2008-1775 V3 401 AND BUFFER APPROVAL Page 2 of 4 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 4097. [15A NCAC 02B .0507(c)] Continuing Compliance 3. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. (15A NCAC 02B .0220] Other Conditions 4. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at a non -erosive velocities through the entire protected stream buffers without re -concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen and phosphorus. Additionally, a stormwater management plan for this project shall provided to this Office before any impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen and phosphorus removal as described above will be achieved. [15A NCAC 02H .0506(b)(5) and 15A NCAC 02B .0259(5)) S. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. (15A NCAC 02H .0507 (c),15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0259(6)j 6. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available CYPRESS SHORES ON THE PAMLICO (FORMERLY SHADY SHORES) DWR# 2008-1775 V3 401 AND BUFFER APPROVAL Page 3 of 4 at htttp_Hportal ncdenrorg/web/wglswo/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 7. This approval and its conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www,ncoah.com/ or by calling the OAH. Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, INC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water and Tar -Pamlico Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraughOncdenr,gov if you have any questions or concerns. Sincerely, Robert Tankard, Assista t Regional Supervisor Water Quality Regional pperations Section Division of Water Resources, NCDEQ CYPRESS SHORES ON THE PAMLICO it (FORMERLY SHADY SHORES) DWR# 2008-1775 V3 401 AND BUFFER APPROVAL Page 4 of 4 j ) Enclosures: GC 4097 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office (via email) Kelly Spivey, DCM WaRO Raleigh Bland, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO (via email) Laserfiche File 1 1 2•K8• CAP WATER LE1j 1 1 1 ti4 1 A� STAINLESS STEEL tj I '�— NUT AND WASHER I w I1 r avx axe CAP NA' 3 K 10 MARINE GRAD£ W1iAILEVINYL I r SHEET PILING yy; vn[::•.q) , I 1 3K10MARINE ORADEWFWLER " �1 ,,• •(��.:..•^'„Si •'. +� �.�,\•a;Y15T/:. NORMAL ��•• p i,i :',��,,'• o2Y .-Y tl(lIr •0p7 WATER ,•' `�, a�//�, D�ac a, i> ,il MARK �;�• �(..,; �ej� !7 `„a _P THIS PROJECT 19 INTENDED • : S,, Q\� PP I TO BE ZERO BACKFILL. THESE CX ��• t; --� SECTIONS ARE SUBMITTED IN THEEVFMTHSBANKISNOT r✓ j�//� .y ld.f, "_�.,,, ' STABLE LH SOME PLACES. �� � C.f 4, �� , ljla f •r.Y . i �1V� , s eta +4/+a;uae5y)a° I iZJ hao.,kq DEED BULKHEAD / f 'ryrj72jy (T a ,s' "OSSSECTION I I' I NO SCALE 1 I , 1 1 1 1 I I ! 1/ I RONONTMSMAPPROM SORV8Y3 BYOTR8R9. I 1 / CHORD eE.� ON THE PAMLIC09UBDIVISION r OeL7A YY9ED•roSHADY SHORES BUBDIV ON) i ETH• RIMER 13.1 THROUGH 73.5 .' CAMA PERMIT ! h SHEET 1 OF 2 AMAT i r! /Ih BOAT MYP. IODd[5O } C1AVG) l PROPERTY OF: I f JERGREEN HORIZONS, INC. ! I LEG] (SHADY SHORES SUBDIVISION) O PO TOWNSHIP EEAUTORT COUNTY / NORTH CAROLINA PROD20' DATE: JANUARY S. 2017 Bn HOOD BB]U2D)ON. PA �. PRO] MG%[[6-O[OLU_ IS15-PLLWCYS I M.ISxMO ON NN.D�T2)e 0 PMONp (253) P755-S4ri RECEIVED/NCDENR/pyyR MAR 811017 Water Quality Re tonal Wash ngTo^I Regional pace Bodnar, Gregg From: Scarbraugh, Anthony Sent: Monday, May 01, 2017 3:43 PM To: Bodnar, Gregg Cc: Spivey, Kelly Subject: Evergreen Horizons, Inc Gregg, I received the required additional information and the violation has been resolved. Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. '4 fl Gercastttl AR�itctgeiitcttt LNVIRpNMEt?Y,54 AU.AL11Y MEMORANDUM TO: Mr. Anthony Scarbraugh DWR Water Quality Programs 943 Washington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS RECEIVED/NCDENR/DWR Director MAR 1-5 2017 Water Quality Regional Operations Section Washington Regional Office FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. v/ This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date Alt? Nothing Compares': S ❑a ot%*ath Cuditn ; ErMtcmwaal Q:A:iy ICmtu: \Utvatmem 4:; \t'ahi�;wa SQcau>[all tW,ktinlwn.:<C 217M :5:9a66sgt Water Resources Environmental Quality March 27, 2017 Evergreen Horizons, Inc. Attn: Mr. Larry Bragg 16415 Northcross Drive Huntersville, NC 28078 Subject: REQUEST FOR ADDITIONAL INFORMATION Shady Shores Subdivision — Boat Ramp and New Basin Excavation Dear Mr. Bragg: ROY COOPER Governor MICHAEL S. REGAN S'ecremry S. JAY ZIMMERMAN Director DWR N 08-1775 Ver. 3 BEAUFORT County On March 16, 2017, the Division of Water Resources (Division) received your application dated March 13, 2017, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Plan Detail Please enumerate all riparian buffer Impacts on the site plan and clearly label impacts (Buffer Impact 1, etc.). The Division recommends highlighting by hatching or shading all impacts areas for temporary impact areas and permanent impact areas. In addition, please provide building envelopes for Lots 13, 14, 15 and 16 with the location of wetlands, streams or buffers on the site plans to demonstrate these lots are able to be developed without additional jurisdictional impacts. [15A NCAC 02H .0502(g) and 15A NCAC 02B .0259(8)(b)(iv)] 2. Deed Notification: Please be advised that deed notifications or other legal language that clearly indicates to future owners that there are jurisdictional features and that some lots may not be buildable as planned, or at all, without impacts that may not be approved by the regulatory agencies will be a condition of the Buffer Authorization and 401 Water Quality Certification. If you have questions or concerns regarding this matter, please contact me at the number or email below. [15A NCAC 02 .0259(2) and 15A NCAC 02H .0502(g)]. 3. Buffer Restoration: On March 21, 2017, this Office conducted an inspection of the subject site and observed a buffer violation associated with ongoing subdivision development. Please provide this Office with a restoration plan associated with unauthorized impacts noted above and buffer authorization request for an upland basin and widening of the existing canal at the proposed boat ramp location. —'Nothing Compares'.:-__ State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Once 943 Washington Square Mall, Washington, North Carolina 27989 252.946.6481 Evergreen Horizons, Inc. Attn: Mr. Larry Bragg Request for Additional Information Page 2 of 2 Please find attached the Guidelines to Riparian Buffer Restoration for your convenience, [15A NCAC 02 .0259(2)) Pursuant to 15A NCAC 02H .0502(g), 15A NCAC 02 .0259(2), 15A NCAC 02B .0259(8)(b)(iv) the applicant shall furnish all of the above requested Information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under Section 401 of the Clean Water Act and Tar -Pamlico Riparian Buffer Rules for this activity and any work done within waters of the state and buffer may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.5carbraueh@ncdenr.eov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Hood Richardson, Hood Richardson, P.A. (email: hrichardsonpa@embargmail.com) Raleigh Bland, USACE Washington Regulatory Field Office (via email) Kelly Spivey, DCM WaRO Gregg Bodnar, DCM Morehead City Kelly Spivey, DCM Elizabeth City S mir Dumpor, DEMLR WaRO X/DWR WaRO 401 files Laserfiche Filename: 08-1775V3_Shady Shores Subdivision-401—BA—HOLD !. nl Water Resources Environmental Quality ROY COOPER Governor _ MICHAEL S. REGAN.._._-- -. Secretary S. JAY ZIMERMAN Director March 27, 2017 CERTIFIED MAIL #70161370 0002 2184 6220 Evergreen Horizons, Inc.. Attn: Mr: Larry Bragg 16415 Northcross Drive Huntersville, NC 28078 Dear Mr. Bragg: Subject:NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2017-PC-0171 Shady Banks Subdivision Tar -Pamlico River Riparian Buffer Beaufort County This letter is to notify you that the Washington Regional Office of the Division of Water Resources (DWR) is considering taking an enforcement action for violations observed during recent site visit by staff from the DWR Washington Regional Office. On March 21, 2017, Anthony Scarbraugh observed removal of understory and mature vegetation on multiple lots on the subject property. The property is located approximately 0;75miles southwest of intersection of River Road and Cypress Shores Road near Town -of Washington, Beaufort County. The property has two unnamed tributaries (Uts) of Pamlico River, which is In the Tar -Pamlico River Basin and is therefore subject to the Tar -Pamlico River Riparian Buffer Rules. During the site visit, the Investigator observed impacts to Zone 1 ofthe 'riparian buffer adjacent to the Uts (primary and secondary navigation canals on the attached map) to Pamlico River from lot clearing activities. Impacts consisted of removal of understory and mature trees impacting approximately 820 linear feet of Zone 1 on Ut #1(primary canal) and 745 linear feet on Ut #2(secondary canal). As a result of the site inspection.and file review, the following violation, detailed below, are noted: (1) Tar -Pamlico River Riparian Buffer Violation -Vegetation Removal 1) Tar -Pamlico River Buffer Violation USA NCAC 02B 0259(211 The riparian buffer extends fifty feet landward of normal water line from any feature that shows as a surface water on either the soil survey map prepared by the Natural Resource Conservation Service of the United States Department of Agriculture or the most recentversion of the 1:24000 scale quadrangle topographic maps prepared by the United States Geographic Survey (USGS) in buffered counties. The purpose of these rules is to protect and preserve riparian buffers in the Tar -Pamlico River Basin to maintain the nutrient removal functions of the streamside areas necessary to protect surface waters. ��Nothtng Compares`J=, ' State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mail, Washington, North Carolina 27889 252-946.6481 SHADY SHORES SUBDIVISION BEAUFORTCOUNTY Page 2 of 3 — I , Specifically, this Rule applies to the 50-foot wide riparian buffers dlreictiy adjacent to surface waters in the Tar -Pamlico River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has two zones as follows: (a) Zone 1 [measured from the most landward limit of the normal high water level and normal water level extending landward a distance of 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B .0259, and (b) Zone 2 [the outer 20 feet, landward from the outer edge of Zone 1] shall consist of a stable vegetated area that is undisturbed except for activities and uses provided for in Subparagraph (6) of 15A NCAC 2B .0259. Any activity within the riparian buffer other than those uses listed as "Exempt" requires approval from the DWR. A file review has confirmed that no approval was sought or given for the impacts to previously described areas as unauthorized. Specifically, the inspection revealed that understory and mature vegetation were mechanically removed within the Tar -Pamlico River Riparian Buffer impacting approximately 1,565 linear feet of Zone 1. Requested Response This Office requests thatyou respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Please explain when construction (excavation, grubbing, and clearing) began at the site. 2. A map of the restoration site. (This would be a plat of the property indicating the total area of buffer and subsequent restoration areas delineated). 3. Deed Notification Language. It is required that a deed notification be placed on respective property, in order to ensure the riparian restoration is successful (and no interim removal of vegetation occurs) and access to lot is available in order to conduct necessary planting or maintenance (that may be required during the restoration monitoring period). Deed notification should assure compliance with NC Administrative Code 15A NCAC 2B .0259 Tar - Pamlico River Riparian Buffer Rules, site the width and location of the riparian buffer, convey restrictions on the Buffer Area, name the enforcing and permitting agency (DWR), and explain the binding nature of this notification to any present or future owners. Please provide proposed deed notification language for review. For your convenience an example of a deed notification can be found at: http•//ncdenr s3.amazonaws.com/s3fs- public/W ater%20Qua Pity/Surface%20Water%20Protection/401/Certs%20a nd%20Permits/sa triple deed notification-W 4. Please submit the following documents for review and approval: a. Riparian Buffer Restoration Plan is required to address the cutting and removal of the buffer vegetation as described above. This planting plan must be developed such that at least two native tree species are to be planted at a density sufficient to provide 260 trees per acre at maturity. This density can be achieved by planting approximately 360 (11 x 11 feet spacing) to 538 (9 x 9 feet spacing) trees per acre. Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March SHADY SHORES SUBDIVISION BEAUFORT COUNTY Page 3 of 3 30) Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. As a part of this plan, your response must include an implementation/planting schedule with clear dates. This can be achieved by planting wooded stemmed vegetation as described in Guidelines for Riparian Buffer Restoration provided online (http://www.nceep.net/news/reports/buffers.Ddf) or allowing the natural vegetation to regenerate. b. Specifications for physical and biological monitoring will be required for Buffer Restoration Areas for 5 five years (5 years of monitoring with a written report provided to the Regional Office by June 1 of each year). 5. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. ""You are encouraged to secure a consultant to assist you with your plan development, permit, certiflcation and authorization necessary to achieve compliance." " Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated immediately and properly resolved. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources and/or an injunction request to the Attorney General's Office regarding the ongoing violations on your site. Pursuant to G.S.143-215.6A, the above mentioned violations and any future violations are subject to a . civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in anyfurther process that may occur. Should you have any questions regarding these matters, please contact Anthony Scarbraugh.at (252) 948- 3924 or myself at (252) 948-3421. Sincerely, _ Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosure: Tar -Pamlico River Riparian Buffer Rules cc: WaRO Files Shelton Sullivan —401 & Buffer Permitting Unit Kelly Spivey, DCM WaRO Hood Richardson, Hood Richardson, P.A, (email: hrichardsonpa@embarqmail.com) Bodnar, Gre From: Scarbraugh, Anthony Sent: Tuesday, March 21, 2017 2:43 PM To: 'larrybragg@evergreensouth.com' Cc: hrichardson@emabargmail.com; Spivey, Kelly; Bodnar, Gregg; Tankard, Robert Subject: Shady Shores Subdivision CAMA Major Application Review DWR Project 2008-1775 Ver. Mr. Bragg, This Office received your CAMA Major application on March 16, 2017 proposing to conduct maintenance dredging within the existing canal, excavate a new basin with two boats slips and install a boat ramp within Shady Shores Subdivision. As part of the review, I conducted an onsite investigation and observed removal of both understory vegetation and mature vegetation within Zone 1 of the Tar -Pamlico Riparian Buffer. This Office will require a meeting with you and your consultant to discuss this issue and will be placing the project on hold. In addition, this Office will require an updated site map with the buffer depicted on the northern side of the onsite canal and a buffer restoration plan for the violation area and proposed excavation area widening the canal and upland basin. Please contact meat your earliest convenience. Regards, Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 !=^Nothing Compares.-...... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Water Resources Environmental Quality March 27, 2017 Evergreen Horizons, Inc. Attn: Mr. Larry Bragg 16415 Northcross Drive Huntersville, NC 28078 Subject: REQUEST FOR ADDITIONAL INFORMATION Shady Shores Subdivision - Boat Ramp and New Basin Excavation Dear Mr. Bragg: ROY COOPER Governor MICHAEL S.-REGAN Secrelir" S. JAY ZIMMERMAN Director DWR # 08-1775 Ver. 3 BEAUFORT County On March 16, 2017, the Division of Water Resources (Division) received your application dated March 13, 2017, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Plan Detail Please enumerate all riparian buffer impacts on the site plan and clearly label impacts (Buffer Impact 1, etc.). The Division recommends highlighting by hatching or shading all impacts areas for temporary impact areas and permanent impact areas. In addition, please provide building envelopes for Lots 13, 14, 15 and 16 with the location of wetlands, streams or buffers on the site plans to demonstrate these lots are able to be developed without additional jurisdictional impacts. [15A NCAC 02H .0502(g) and 15A NCAC 02B .0259(8)(b)(iv)) 2. Deed Notification: Please be advised that deed notifications or other legal language that clearly indicates to future owners that there are jurisdictional features and that some lots may not be buildable as planned, or at all, without impacts that may not be approved by the regulatory agencies will be a condition of the Buffer Authorization and 401 Water Quality Certification. If you have questions or concerns regarding this matter, please contact me at the number or email below. [15A NCAC 02.0259(2) and 15A NCAC 02H .0502(g)). 3. Buffer Restoration: On March 21, 2017, this Office conducted an inspection of the subject site and observed a buffer violation associated with ongoing subdivision development. Please provide this Office with a restoration plan associated with unauthorized impacts noted above and buffer authorization request for an upland basin and widening of the existing canal at the proposed boat ramp location. -'-,'-Nothing Compares: ,. State or North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Smhon•Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946.6481 Evergreen Horizons, Inc. Attn: Mr. Larry Bragg Request for Additional Information Page 2 of 7. Please find attached the Guidelines to Riparian Buffer Restoration for your convenience. [15A NCAC 02.0259(2)] Pursuant to 15A NCAC 02H .0502(g), 15A NCAC 02 .0259(2), 15A NCAC 02B .0259(8)(b)(iv) the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under Section 401 of the Clean Water Act and Tar -Pamlico Riparian Buffer Rules for this activity and any work done within waters of the state and buffer may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauah0ncdenr aov if you have any questions or concerns. Sincerely, } Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Hood Richardson, Hood Richardson, P.A. (email: hrichardsonpa@embarqmail.com) Raleigh Bland, USACE Washington Regulatory Field Office (via email) Kelly Spivey, DCM WaRO Gregg Bodnar, DCM Morehead City Kelly Spivey, DCM Elizabeth City Samir Dumpor, DEMLR WaRO DWR WaRO 401 files Laserfiche Filename: 08-1775V3_Shady Shores Subdivision_401_BA_HOLD 1kyjI:lkyjta)t7\L4IDili uI TO: Doug Huggett THROUGH: Jonathan Howell S� FROM: Kelly Spivey DATE: 13 March 2017 SUBJECT: Evergreen Horizons, Inc. Shady Shores Subdivision Beaufort County Mr. Hood Richardson on behalf of Evergreen Horizons, Inc. has submitted a CAMA Major Permit application request for maintenance excavation, new basin excavation with two boat slips and a boatramp within Shady Shores Subdivision. The project site, Shady Shores is an existing 27 lot subdivision located on the east side of the terminal end of SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in Beaufort County, North Carolina This office has reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in a Public Trust Area. It is staffs recommendation that the proposed project appears consistent with 15A NCAC 07H .0208 as described below. This office feels the development is consistent with 15A NCAC 07H .0208(bx1)(F) which states in part that "Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters". The applicant is proposing to excavated approximately 1.0' foot of material to a final project depth of 3.5' below Normal Water Level (NWL) which is the depth of the downstream canal. Additionally, NCAC 07H .0208(b)(7)(A) states that "bulkhead alignment for the purpose of shoreline stabilization, shall approximate the location of normal high water and normal water level. Staff recommend the following conditions be included if the project is permitted. 1. No attempt will be made by the pemuttee to prevent the full and five use by the public of all navigable waters at or adjacent to the authorized work. 2. This permit authorizes only the structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 3. Excavation shall not exceed 3.5 feet below the mean low/normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. RECEIVED 4. All spoil shall be placed on uplands. MAR 16 2017 5. The bulkhead shall be constructed prior to any backfilling activities. DC M- M H D CITY 6. The concrete boat ramp shall be poured on high ground and pushed or placed into the water once hardened, or the applicant shall provide information on other construction methodologies that will be considered for approval on a case -by -case basis by Division of Coastal Management personnel. No live concrete shall come into contact with the waters of the State. Y {3 Coastal Management ENVIRONMENTAL QUALITY TO: MEMORANDUM Mr. Lee Padrick Division of Community Assistance ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. _L,,:v�Tbis office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached Signed Gf �� �� Date -3 Nothing Compares" ... Sa. oSxadlCuotiea;F.nrimwnlnII Qf41V;eN1'Ai Jfanrma:: ' 93S RbFa1Cr.Spz�?4::;Rilkicrxo.xC:%Sty - 75: 936 Cy31 Coastal Management ENVIRONMENTAL OVAIITV TO: V L MAR 16 2017 D Shellfish Sanitation E gecreational Water Quality Sect on MEMORANDUM Mr. Shannon Jenkins NCDENR Division of Environmental Health ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Coastal Management Division Morehead City Office 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. �//�� al?, oggffnnice objects to the proposed project for reasons described in the attached ts Signed (GLY. 6"' al?, iGr.Gh� Date ( 7 17 ite- Shannon 'knKins MAR 21 2017 DCM- MHD CITY !''Nothing Compares 943Wuh.1m$q=*',U1J RL,3aypp,\C:7689 23_ 946 6481 Crl;.r . t al ,bkul a aettx' It I TO: MEMORANDUM Mr. Cliff Whitfield Public Water Supply Section NCDENR WARD ROY COOPER Governor MICFfAEL S. REGAN Secretary BRAXTON C. DAVIS Director PZECEIVED MAR 2 0 2017 BY: FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE. 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) cast of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, jf you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY / This office has no objection to the project as proposed. V This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached dr nts Signed Date 7l V Ell SunoeNath Cordim Prai�onrwrnal Q.iLIN'CClltli Mani311niff 943 Mshir(ton Sq=4 Mall: WathhintWo.NC:7889 . M5: 935 E751 ector ROY COOPER Governor Coastal Management ENVIRONMENTAL OVALITV MEMORANDUM MAR 16 2017 MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director TO: Mr. Tim Walton Director State Property Office FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. / This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. /Ilis office objects to the proposed project for reasons described in the attached Signed 41"comments. Date 312 Z/�-7 Nothing Compares SnYOlNW&Cndim Emi,I mail QEaSy C=C9"1afflS~t% 943%Vw I Sq=*Nfall P'a,hmE,m.NC:7839 152946 Wi RECEIVED MAR 2 7 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL OUALIT V ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director TO: Rachael Love-Adrick District Planner Division of Coastal Management FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has/ _ —0 comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. LrT6Ao e o jects to the proposed project for reasons described in the attached t 3)2T)2o1� Signed Date Nothing Compares" SaNalNa61cudvv rsiaam""QAty cmw%Ia�I 943Wuhnwn Spow Matl Vly,honl n.%'C -3:9a66461 RECEIVED MAR 16 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management �� ROY COOPER GovenWr MICHAEL S. REGAN Secrela, BRAXTON C. DAVIS Direclor SUBJECT: Major Permit Request by Evergreen Horizons, Inc., Shady Shores DATE: March 27, 2017 Consistency Determination: The request is consistent with/not in conflict the Beaufort County Joint Land Use Plan 2006 Update certified by the CRC on January 13, 2010, provided that the land development and land use activities comply with the requirements of the Tar -Pamlico Buffer Rule, unless located in the exempted or allowed areas (see policy 2.1.5). Overview: The applicant is proposing to conduct maintenance excavation on an existing man-made canal. The excavation dimensions are 1301 x 20'W x 1.0'D; approximately 96 cubic yards will be excavated to a final depth of 3.5' below NWL. New excavation of a basin is proposed on lots No. 15 & 16. The excavation will be 40' and bisect the lots with 20' on each lot. The basin will extend 12' _ _.landward.into the lots and..will be excavated to 3.5' below NWL. Additionally, the applicant is proposing a 15'W x 26'L boat ramp, with a 24' concrete boat ramp pad, and a 265' linear bulkhead adjacent to the maintenance and new excavation. Eight tie pilings will be located in the basin creating two (2) slips, one for lot 15 and lot 16. This will result in two (2) total boat slips on the property. The project site is located off SR 1354 (Cypress Shores Rd) east of the City of Washington on the Pamlico River in Beaufort County, North Carolina. The project site is approximately 21 acres, with 2,300 linear feet of shoreline. The sites existing features include: streets, a water system, bulkhead, canal, and drainage culvert. Previous applications identified Section 404 wooded wetlands within the boundary of the subdivision, the location was not shown on the drawings submitted with this application. Field report indicates that a portion of the wetlands are located on lots 13 and 14, located on the north side of the canal being excavated. The project is located in the Pamlico River that is classified as SB (Primary Recreation, Salt Water) and NSW (Nutrient Sensitive Waters). The site is a not a Primary Nursery Area, is closed to shellfishing. A review Submerged Aquatic Vegetation (SAV), archaeological resources, and cultural resources was not provided. Nothing Compares� Smm of Nonh C= ma I Eaviromnental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fix) North Carolina Department of Environmental Quality Division of Coastal Management r -n MEMORANDUM Page 2 of 3 Anticipated impacts resulting from this project are expected to include: the excavation of 96 cubic yards of material from the man-made canal, 103 cubic yards from the basin. Installation of the new bulkhead will result in localized turbidity. Basis for Determination: The project is subject to the Beaufort County Joint Land Use Plan 2006 Update. The counties Future Land Use Map (FLUM) classifies the site as Conservation I & 11, and Transition. See Part Ill, Section B., 2.0. (pg. 111-38) for descriptions of the land use categories The following LUP policies may be applicable to this request: 2.0 Policies for Land Use Compatibility The purpose of this management topic is to ensure that the development and use of the planning area's natural and manmade resources meet the following goals: To minimize direct and secondary impacts of use and development; To avoid risks to public health, safety, and welfare; and To ensure consistency with the capability of the land based on considerations of the interactions of natural and manmade features. Conservation The Conservation classification has two purposes. First, this classification provides for the protection and long- term management of Beaufort County's significant and irreplaceable natural systems. These areas have high environmental, scenic, recreational, economic, and life-style values. Second, the classification helps the county to mitigate the risks to life and property associated with wind, water and other hazards that would result from development in these areas. The Conservation Areas are generally consistent with the areas evaluated as having the least suitability for development in the Land Suitability Analysis. The conservation classification is divided into the sub -classes Conservation I and Conservation 11 to more closely reflect the landuseand development capabilities and limitations of the county's natural systems. Each of these subclasses has specific land use and development policies and guidelines. (pg. I11-10) Transition This land classification includes areas that are expected to undergo more urban -type development during the planning period and beyond. The general character of development in this classification includes lawns and landscaped yards surrounding detached single-family houses; cluster development with predominantly residential buildings; small-scale retail buildings; and some farms and timberlands. This development may be associated with job growth in neighboring counties or it may be associated with the economic development policy to encourage water -oriented development for second home and retirement communities. These areas have reasonable access to the highway system; however, septic tanks will be the dominant means of wastewater treatment. The only near -term provision of sewer service would be to serve a specific employment generating activity. Water -oriented Development. Within the transition classification, there are areas along the Pamlico River where the plan encourages development of retirement and second -home communities. Flexible site planning, conservation design, and other low -impact development techniques are encouraged in these areas so that natural systems, water quality, and scenic views are protected and efficient use of the shoreline is accomplished. -'-"'Nothing Compares _,� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 US 17-264 Sector Development. In this sector of the transition classification, the plan encourages continuation of the more suburban -type development. The area is suited for residential and small-scale commercial uses that do not rely on community wastewater treatment. Employment -related uses, such as industrial or distribution, are suited for this sector (pg. III-11). 2.1 Conservation 1 2.1.1 The purpose of the Conservation 1 classification is to delineate land and water features where there are serious hazards to personal safety or property, where new development would cause serious damage to the values of natural systems, or where new development is not permitted by local, state, or federal policy. 2.1.2 The following natural resource systems and areas are included in the Conservation I classification: (a) Public trust and estuarine waters (15A NCAC 07H.0206 and 15A NCAC 07H.0207) (b) Coastal wetlands (15A NCAC 07H.0205) (c) Non -coastal wetlands classified as exceptional (NC CREWS mapping) (d) Stream margins protected by the Tar -Pamlico Buffer Rule, which is administered by the NC Division of Water Quality (15A NCAC 02B.0259) (e) Floodways15, where mapped (Beaufort County FIRMS) (f) Managed open space and natural areas16 (NC DCM mapping) 2.1.3 Only development and land/water use activities that are consistent with the use standards for coastal wetlands, estuarine waters, and public trust areas (15A NCAC 07H .0208) are allowed in this classification. Permitted extractive uses in the Aurora area will continue. 2.1.5 Unless in the exempted or allowed, land development and land use activities must comply with the requirements of the Tar -Pamlico Buffer Rule (15A NCAC 02B .0259). 2.2 Conservation II 2.2.1 The Conservation 11 classification is established os an overlay (please see definitions) that delineates areas containing hazards and significant development limitations that maybe addressed by building and site development standards, density guidelines, impervious surface limits, and other methods to mitigate hazards or to minimize the impact of development. 2.2.2 The Conservation 11 classification includes the following natural resource systems and areas: (a) Coastal shoreline AECs (15A NCAC 07H.0209) (b)100-yearflood plain (Beaufort County FIRM, Flood Damage Prevention Ordinances) (c) Storm inundation areas (Beaufort County Storm Surge Maps) (d) Substantial non -coastal wetlands (NC CREWS mapping) 2.2.2 Only development that is consistent with the use standards for the estuarine shoreline AEC and the public trust shoreline AEC (15A NCAC 07H.0209(d)) is allowed. Nothing Compares.-,.. Slate of North Carolina I Environn ental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) i sti ClRT y � , 1 r 10 - " ' ROY COOPER Governor �'`"._ MICHAEL S. REGAN HiyPGRi;r�;cai_i�triiQ;'1JFF1C(: Secretary ti �--' _--.-___— BRAXTON C. DAVIS Director MEMORANDUM TO: Ms. Renee Gledhill -Early NC Department of Cultural Resources Archives & History Building FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. t+- 0531 Respond to Greg Bodnar Morehead City Office A— NUf 3-�9'19 `i- PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the incorporated. See attached. This office objects to the commen . Signed proposed project only if the recommended changes are proposed project for reasons described in the attached Date_ Ioll�irtg Com}lal _ r Sam oiNotcAaeuoa E•e im:°a vnu Gs �.• Cwta: xtarxScceri Sdg tCaekvdYccS �:xra:.::xt 11'44=V-.iWC"M :5. S:5 54S'. MAR 2 12917 S W717030 r"� 47 e HF ` MAR 14 2017 Coastal Monagernen r CNVIPW MCNTAI. CiUALITY TO: Mr. Roger Thorpe DEMLR Storm Water MEMORANDUM ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off. SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project.. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons .described in the attached ,-,- comments. Signedall� IL--IL----Date 3- 3 0-1 7 PfU)" C+ mzky 6 covzrca LAA0, �hlw i� S1n/-70t iJ1Q, -WL79-� -i Nothing Compares-%. - :'ate of \wt4 Cu: ina I. &.+imemera: Q:v:i^•I Ceavil ltarap<roen: gs} 1Fa,hwtoa S 3A:e Jlatl i N'�:tini'an.SC :7SS3 IR9.56:SL Coastal Management ENV I RONME NTAI OUAII TY MAR 2 7 2M7 ROY COOPER Governor MICHAEL S. REGAN Secretary TO: Mr. David Harris NCDOT Roadside FROM: Greg Bodnar Respond to, Greg Bodnar Major.Permits Processing, Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 2855:7 .DATE: 13 March 2017 C. DAVIS Director SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. - REPLY —X,,— This office has no objection to the project as proposed. This _office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. s office objects to the proposed project for reasons described in the attached c ents. Signed Date 3 Z 9b 7 "'".Nothing Compares ,_ S❑O ofxwh Cwctina En.inrrama: Qz!in•;Cmw%13=;am4n[ 9:3 tv,�rir,ron 5 a:sse>fall' Washinr+M. \C :7669 '529466151 e i. ROY COOPER - Governor RECEIVED MICHAEL S. REGAN APR 0 5 2017 secret Coastal Management ary ENVIRONMENTAL UUAIIIV � , 1� �3.17_ �3 BRAXTON C. DAMS DCM- MHD CITY Director MEMORANDUM TO: Mrs. Maria Dunn NC Wildlife Resources Commission FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: CAMA Application Review APPLICANT: Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by 3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached omments. Signed I Date 7 JI ,�3\4151 1 7 MAR 2017 !'-'Nothing Compares'%, 0)co RECEIVE® SuefNeth C.&,j rft\llefJfrfY1 QaJJ1' CeuU: \(Jtut�,nmt 9a3 R'nh• ron5 .ire \411 \\'a tF.m C— y79J66J8: s� p��ram tECEIVED APR 0 5 2017 ;M- MHD CITY ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: April 3, 2017 SUBJECT: CAMA Dredge/Fill Permit Application for Evergreen Horizons, Inc., Beaufort County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish, wildlife, and public access resources. The project site is located off Cypress Shores Road east of Washington, NC in the Shady Shores Subdivision. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A- 100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to perform canal maintenance excavation, excavate a new basin area for two slips within the canal, install a boat ramp in the head of the canal, and bulkhead the newly excavated area. Final water depths in the canal will be -3.5' NWL. Material generated would be placed on Lot 23. The Pamlico River and unnamed tributaries in this area are classified SB NSW by the Environmental Management Commission, are subject to the Tar -Pamlico buffer rules, and are designated an anadromous fish spawning area (AFSA) by the NC Division of Marine Fisheries (NCDMF). The NCWRC has reviewed the project application and has conducted a site visit. We have concern regarding the site conditions and potential impacts to wetlands and the Tar -Pamlico buffer. We recommend contact be made with the NC Division of Water Resources (NCDWR) to adequately address the site. In addition to concerns with land disturbance, we support any moratoria or management practices requested by the NCDMF representative to minimize elevated turbidity levels in adjacent water bodies during excavation. We appreciate the opportunity to review and comment on this permit application. Please do not hesitate to contact me at (252) 948-3916 or at maria.dunn@ncwildlife.org with any comments or questions. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 (; n(r�'rUl diUAUU('hu7it RECEIVED TSAR y 4 1017 DCM-Fisherles WARO MEMORANDUM ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director TO: Mr. Shane Staples Division of Coastal Management 943 Washington Sq. Mall FROM: Greg Bodnaz Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400.Commerce Avenue Morehead City NC 28557 DATE: 13 March 2017 SUBJECT: LAMA Application Review APPLICANT:. Evergreen Horizons Inc. PROJECT LOCATION: Project site is located off SR 1354 (Cypress Shores Road) east of the City of. . Washington on the Pamlico River in, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision. Please indicate below your position or viewpoint on the proposed project and return this form by:3 April 2017. Please contact Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. T 's o bjects to the proposed project for reasons described in the attached Signed o e DateT�% SU'.t0:\a+h CWeNn3 Enlifann dIlg4ANT' CWIUIMNNLM "l 943truhir4-.on S9+v4 Mail' PiAh pan,\C 17M :5: 946454SI CaastalMdnagement INV10.6NMEWfAG l9UALITY MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Evergreen Horizons Inc DATE: 413/17 ROY COADPER d6weaar MICHAEL S. RRGAN RR'AXTON C. DAVIS bAaft A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to perform maintenance excavation in the most upstream end of a canal and install a 15'x 50' boat ramp in this location. The applicant also proposed to excavate a boat basin adjacent to the canal for two boat slips. The project will require 96 cubic yards of material to be excavated for maintenance and 103 cubic yards for the basin. Both the area near the boat ramp and the basin will be to a depth of -3.5' at NLW. The Pamlico River in the project area is biologically diverse with many species using the area at multiple times of the year. Both fresh and saltwater species of fish of both recreational and commercial importance as well as blue crabs. The project location at the head of a man-made canal is not likely to have adverse impacts on the fisheries resources in the area but the turbidity from the project may cause short term avoidance of the areas. To reduce the potential for negative impacts to fisheries resources during the peak season of biological activity a moratorium on in -water work should be observed from April 1 — September 30. However, the project area is small a relatively removed from open water making the use of a turbidity curtain a viable and effective method to control turbidity. If installed before excavation begins and left in place until turbidity conditions return to normal the use of a turbidity curtain would provide relief from the moratorium restrictions. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. ate of North Carolina 1. Environmental Quality I Coastal Management Washington Office 1943 Washnngton Square Mail I Washington, North Carolina 27889 252 946 6481 Bodnar, Gregg From: Sent: To: Subject: SAW 201700564 Thanks! Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Wednesday, May 03, 2017 7:14 AM Bodnar, Gregg RE: Evergreen Horizons (Beaufort County) Tier II PGP 198000291 May 1, 2017 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Tuesday, May 02, 2017 8:31 AM To: Bland, Raleigh W CIV CESAW CESAD (US)<Raleigh.W.Bland@usace.army.mil> Subject: [Non-DoD Source] Evergreen Horizons (Beaufort County) Morning Raleigh, DWR has taken this one off hold and I will be as well today. Do you have an update on your end? Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. NARRATIVE SHADY SHORES SUBDIVISION BY: EVERGREEN HORIZONS, INC January 18, 2017 This permit application is to install a concrete boat ramp with service slip for the exclusive use of residents in this 35 lot subdivision. The subdivision was platted and constructed in 2011 with no lots being sold to date. A water system and streets were constructed in 2011. Lots are mostly cleared. A major CAMA permit that is now expired was obtained to do work closer to the Pamlico River shore. This proposal is to install the boat launch in the end of a man made canal where it dead ends into a subdivision street. The proposed two boat slips (12 feet wide by 40 feet long) provide a place for boats to allow other boats to load, unload or pass in the narrow canal which is about 20 feet wide. nargsoa,r.7kt a .r,.,, n` nJ :t-- 'Yj gJ'la OVn®40 �t\ 1 w V J b sq i'�+ bb 8'0aa4aaa>aoa i.sll;b RECEIVED MAR 16 2017 DCM- MHD CITY 1/1612017 C=WdM Feesre Report Beaufort 67 Printed January 16, 2017 See Below for Disclaimer Parcels TC lEhl zLJ x"f'YNxh Y 7 ! L3Fh1Ei ? �h Property Land Owrers I�aa M�J it i TIT +E r Interior Tract Lines T �� Certerlires 1Eb �i xy 3aCl7 4 fT I_T'r_fT?fIIC ��3fix��! Co.l^j Lire 'i� C7� ,t1 J 431 J`ii.�Fij �� f COLn, Lire (Solid) ��`TY lrrf,�l'1a3i K(i sit ;' +xi rJf 1+wrr !/ Z6�xxL�i i ,t�4..3t7 �TYN'�1%"{S'✓' ...._.�__.�.�^'+. u �31_St�`t�A�51 ,+ Ire, FT T t1�T'14L�� " ~ ' 363 Feet Beaufort County online map access is provided as a public service, as is, as available and without warranties, expressed or implied. Content published on this website is For informational purposes only and is not intended to constitute a legal record nor should it be substituted for the advice or services of industry professionals The County of Beaufort and the Website Provider disclaim all responsibility and legal liability for the content published on this website. The user agrees that Beaufort County and its Assigns shall be held harmless from all actions, claims, damages or'ud menu arising out of the use of County data. RECEIVED MAR 16 2017 DIM MHD ^U'TY h":/lbeaufortoonne cos.corn/DoxNoadFile.asta?i=_ags_map7a9d97807doe40a9a5a848b3616C37C5x.h rn&t=pririt 1/1 1/1=7 CalnedGIS Feature Report AWCONNECTGIS Beaufort WEB Printed January 19, 2017 See Below for Disclaimer _7 Parcels RW Property Lard O%vrers 1�7 GPIN lrterior Tract Lines Certerlires COLrty Lire COLrty Lire (Solid) St.'. N RECEIVED F- 11"I., A, MAR 16 2017 S 62 Feet �--11DCM-MHDC1TY �aauf.rt County online Map access is provided as a public service, as is, as available an d without warranties, expressed or implied. Coat:mjp,'..b'fis'had thisl or industry wbsite is for informational purposes only and is not intended to constitute a legal record nor should it be substituted for the advice c Us )Mfessimals. The County of Beaufort and the Website Provider disclaim all responsibility and legal liability for the content Published on this viebsite. The U3 agrees that Beaufort County and its Assign shall be held harmless from all actions, claims, damages or judgments arising out of the use of County data. 1 httPsJl7eaufort.cmw-%is-emiDaAcloacFile.asNM=_ags._map193a1dMBaQ4f45a35c97058edWe5xtml&t-prirt 1/1 AGENT AUTHORIZATION t" LAMA PERMR APPLICA EvevLcnseN ��oRILaMli FhrC- Name of Property Owner Requesting Permit n 5� hl6nitfCKoSI' Mailing Address: r , /nl✓k. ✓ 940—iL Phone Number 71 ` Email Address: I certify, that I have authorized to act on my behalf, forte purpose of applying for and -obtaining all CAMA// permits development: ! /AIdy �r"Ones necessary for the following proposed S�6�r✓isla�. at my property located at /+ aS f �i o as in 2 0 County. I furthermore certify that f am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit piflrrer and !heir agents to enter ge on the aforementioned lands in connection with evaluating information related to this P4I aPP✓+cetion. Property Owner lemmatlon: Signature Q tr Prtirt or TYPe -- TRIe DY This certification is valid through I I 1 a RECEIVED MAR 16 2017 DCM- MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM Name of Property Owner: % Fe Address of Property Agent's Name #: Agent's phone #: L--1-94)q/91'V 4-ee, (Lot or Street #, Street or Road, City & County) Al ��/,4 L'faMailingAddress: lG U "-'4f 214'L, A 7 Uy i I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at httn://www.nccoastaimanagement.net/web/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property �(Owner I formation) Signature Print or Type Name Mailing Address City/state2ip Telephone Number/Email Address ///-7/ 7 Date (Riparian Property Owner Information) Signature Print or Type Name lz-3 65-r Mailing Address ct )/;l,&, z z��Y 6ity/State2ip RECEIVED MAR 16 2017 Telephone Number/Email Address Date DCM- MHD CITY (Revised Aug. 2014) CERTIFIED PJAIL RECEIPT S(Domestic (u r1- w° ' i IfC819AL USE ra Postage U389� Q' L- Certified Fee $0 U0 ra O p Remm Receipt Fee (Erdorsement Required) '{(f,0 Pcehimid; Hm Restricted Qellmy Fee • ' - (Endoreemem Required) ,: S Total Postage B Fers 0ii31/2017 m ant./�u.. 0 ....v._....... _. . ................ ............... ' o :§ftet, orpo RECEIVED MAR 16 2017 DCM- MHD CITY Hood Richardson, PA (c-576) 110 West Second Street Washington, North Carolina 27889 (252)975-3472 January 17, 2016 :YI 1 Pu: : rl:►: 1'1 Mr. Steven Leonard Lee 123 West River Acres Road Washington, N. C. 27889 Gentlemen: Evergreen Horizons, Inc. is applying for a CAMA Major permit to install a boat launching ramp in their subdivision located east of Cypress Landing Road. The specifics of the proposed work are in the enclosed application forma and drawings. As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you're the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to the attention of the CAMA District Manager, NC Division or Environmental Quality, 943 Washington Square Mall, Washington, N. C. 27889 (phone 252-946-6481) within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions about this project please call me at 252-975-3472 or e-mail me at hrichardson a a embargmail.com. Sincerely L� Hood Richardson, agent RECEIVED MAR 16 2017 DCM- MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM Name of Property Owner:YZIzrJ�<<S �� e��"w r v LLC- Address of Property: G ri/'-Fsf fk 06-ey-re. ( W v*4 % I (L,o�t or Street #, Street or Road, City & County) Agent's Name #: #0� d /� t " f' dSu ` Mailing Address: /�—U Agent'sphone#: 25-z-f-7S- 3Y22 4t//35�w:%`� I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmana_qement. netlweb/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. 1— / d& a /Zi Lrfi3r,-�f o7r Print or Type Name Mailing Address City/State2ip -2 —q�S Telephone Number / Email Address ///7b Datil I (Riparian Property Owner Information) Signature LIC Print or Type Name 3/0 i!S 17-17 Mailing Address w� bs0/t-) EIVED City/State2ip MAR 16 2017 Telephone Number / Email Address Date DCM- (Revised Aug. 2014) Hood Richardson, PA (c-576) 110 West Second Street Washington, North Carolina 27889 (252)975-3472 January 17, 2016 CERTIFIED MAIL RETURN RECEIPT Interbanks Development, LLC 310 US 13-17 South Windsor, N. C. 27983 Gentlemen: Evergreen Horizons, Inc. is applying for a CAMA Major permit to install a boat launching ramp in their subdivision located east of Cypress Landing Road. The specifics of the proposed work are in the enclosed application forma and drawings. As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you're the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to the attention of the CAMA District Manager, NC Division or Environmental Quality, 943 Washington Square Mall, Washington, N. C. 27889 (phone 252-946-6481) within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions about this project please call me at 252-975-3472 or e-mail me at hrichardson aa,embargmail.com. Sincerely yotp, Hood Richardson, agent RECEIVED MAR 16 2017 DCM- MHD CITY" %1915FG138 ��pgT OOIiN'1"1 I,BS�D RECORDS fit0i1'1�iN6ty�•pF,O-P14 —..s aRlco FOR RennllepI 1014 Ett Wh1R°hu r$L Beaufort county- NC EE DS November V, 2016 03.49:00 PM Book FEE: $2ee��-�4 NC f Vw i $6005503 DEED which the ed with collecting that are a lien on Cypress This certifies that theCollare noector is chaQ9ent ad valorem real estate taxes, Beaufort County Tax Beaufort County Office of Land Records. Shores on the Pamlico, Date Tax Collector PLLC, POST OFFICE NPRITCHETT &BURCH, ANE.DT, PREPA REBY OJT,)RNORTH CAROLINA 27983 DRAWER 100, N Evergreen Horizons, Inc. MAIL AFTER RECORDING TO: 16415 Northcross DriveHuntersville, NC 28078 Excise Tax: $1220.00 NO TITLE SEARCH PERFORMED RECEIVED MAR 16 ZOV STATE OF NORTH CAROLINA DCM- MHD CITY COUNTY OF BEAUFORT November, 2016, by and between inner THIS DEED, made this the 9t' day of organized by Banks DevelopmntLLC, a North Carolina Limited , eLiability Company, 9 w with its office in North Carolina, and with a mailing address of 206 Crescent Drive, la Evergreen Horizons, inc., a North Windsor, NC 27983, party of the first part, to BK 1915PG139 Carolina corporation organized by law with its office in North Carolina, and with a mailing address of 16415 Northcross Drive, Ste. B, Huntersville, NC 28078, party of the second part: WITNESSETH: That for and in consideration of the sum of Ten Dollars and other considerations in hand paid by the party of the second part to the party of the first part, receipt of which is hereby acknowledged, the said party of the first part has bargained, sold and conveyed and by these presents does bargain, sell and convey unto the said sors and assigns the following described land, to party of the second part and its succes - wit: Lying and being in Beaufort County, North Carolina, more particularly described as follows: ALL THAT certain subdivision of real property, including the lots, open spaces, common areas, wastewater areas, roads, canals and other portions of property, located in the subdivision commonly known as Cypress Shores on the Pamlico as is more specifically shown and described in those "Final ores Subdivision the Pamlico..apPreporeddf r Inner Banks Development, LLC entitled 'Cypress Plat Cabinet H, Slides 73-1, 73-2, 73-3, 73-4 and 73-5, Beaufort County Registry. LESS AND EXCEPTING Lot 22 as shown on the above referenced maps. Reference is further made to those certain deeds recorded in Book 1477, Page 159, Book 1551, Page 167; Book 1551, Page 172; Book 1551, Page 177; and Book 1770, Page 355, Beaufort County Registry. TO HAVE AND TO HOLD the aforesaid lands with all rights and privileges thereunto belonging or in anywise appertaining unto the said party of the second part and its successors and assigns, in fee simple forever. And the said party of the first part for itself and its successors and assigns, covenants to and with the said party of the second part and its successors and assigns that it is seized of said lands in fee simple and has a good right to convey the same in fee simple; that the said lands are free and clear of all encumbrances, SAVE AND RECEIVED MAR 16 2017 DCM- MHD CITY ,= D - BK 1915PG74d EXCEPTING rights of ways for highways and public utilities and ad valorem taxes for the year 2016 and subsequent years, and that it will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Inner Banks Development, LLC has caused these presents to be executed in its name by its Member, Wayland 0. Spruill, by authority duly given, this the day and year first above written. Inner Banks Development, LLC BY: 64 " O '& Wa nd O. Spruill, Member STATE OF NORTH CAROLINA COUNTY OF,BERTIE J 1 Notary Public, for ) County, North Carolina, do hereby certify that Wayland 0. Spruill, a Member of Inner Banks peveoopment, LLC, a Limited Liability Company, this day personally appeared before me and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and official seal/stamp, this the day of Novemher 2016. My COm. Expires: (NOTARIAL SEAL/: 1EH/ 16 Deeds/InnerBanksToEvergreenHoizons-16-T-28 (acm) RECEIVED MAR 16 2017 DC&4- MHD CITY S ! P S .411pwIlne_ Selection Devagapmen2 VS91Pe F" ®C{82 % (14300 1601435100093 1625 6253 D ° ®�� /o (243001602 435100095 2341) I. Private, noncommercial development that does not $250 involve the filling or 100% ($25Q) o 0 /o ($0) excavation of any wetlands or o n water areas: II. Public or commeril :::not development that doe involve the filling or $400 , ] 00% ($400) 0% 0 ($ ) excavation of any wetlands or o an water areas: Major Modification to a s $250 ; ' CAMA Major ermit 100% ($250)� 0% $0) 111. For development that ) —� involves the filling and/or excavation of up to 1 acre of wetlands and/or open " water areas, determine if A, B. C, or D below a lies: III(A). Private, non- „^ commercial development, if r $250 j General Water Quality 100% ($250) o 0% ($0) Certificabon No. 3490 (See attached can 6 I lied. III(B). Public or commercial ` development, if General $400 Water Quality Certification 100($400) o 0% ($0) No. 3490 (See attached) can be a lied: III(C). If General Water Quality Certification No. 3900 (see attached) could $4®® 60% ($240) 40% ($160) be applied, but DCM staff determined that additional review and written DWQ E C E V E concurrence is needed because of concerns related to water quality or MAR 16 2017 a uatic life: III(D). If General Water Quality Certification No. 3900 (see attached) cannot $4®®` 60% ($240) 40% ($160) be a lied: IV. For development that ' El . involves the filling and/or excavation of more than $475 : 60% ($2835) 40% ($190) , one acre of wetlands o an water areas: 1 Coastal Management ENVIRONMENTAL QUALITY May 3, 2017 Evergreen Horizons Inc. Larry Bragg 16415 Northcross Dr. Huntersville, NC 28078 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FILE SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Evergreen Horizons Inc. in Beaufort County. Dear Mr. Bragg: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Washington office on February 27, 2017. On April 4, 2017, processing of your application was placed on hold pending resolution of issues with the Division of Water Resources. This office received an email from the DWR staff that their request for additional information had been satisfied on May 1, 2017. Therefore, processing of your permit application has officially resumed. The revised projected 75-day deadline for decision making is June 9, 2017. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator 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 April 4, 2017 Evergreen Horizons Inc. Lary Bragg 16415 Northcross Dr. Huntersville, NC 28078 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director FILE SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Evergreen Horizons Inc. in Beaufort County Dear Mr. Bragg: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Washington office on February 27, 2017. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). Based upon the attached hold for additional information from the DWR dated March 27, 2017, it appears as though additional information from the applicant will be required before a final decision on issuance of a Water Quality Certification can be made. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the resource concerns are satisfied, the required information is provided to the DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied to this office. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Hood Richardson, Hood Richardson P.A. (via email: hrichardsonpa@embarqmail.com) Anthony Scarbraugh, DWR (via email) Raleigh Bland, USACE (via email) Washington DCM State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 'This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11/01)2012) Applicant eve¢- F-Eep c+�tra,-GS Date: > >3 Pmject Site County p � staff, )!�E LL-y P v= District: ElElizabeth City Washington ❑Morehead City El Wilmington Project Name: per extension with platform u„ ate rn Rover File: Date of initial application submittal (EX 1/8/2007): �_ r' � � �X ) 3 Z, r � Date application `received as complete'in the Field office (EX 1A42007): .Z 127 / I -)— Permit Authorization: NCAMA Dredge & Fill Both PM: Yes No Photos Taken: Yes ❑ Setback Required (npadan): Yes No Critical Habitat. 0 Yes OAAD Not Sure 15 foot waiver obtained: ❑Yes : No Hazard Notification Returned: ❑Yes,®No SAV. Yes No Not Sure Shell Bottom: Yes No Not Sure Temporary Irrgracfs Yes 9ft Sandbags El Yes Not Sure lid the land use classification come from countyLUP�QYes []No Mitigation Required (opbonaO: ❑Yes PNo Moratorium Conditions: Yes No ❑NA Environmental Assessment Done: El Yes ❑No PM — OPTIONAL (choose MAX of 4) 11 (404) Corp. of Engineers (Jurisdiction/ ❑ (LS) Sea lavender (Limonium v.) (SS) Gia&%vW (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemittora) cynosuroides) ❑ (DS) Salt or spike grass (Disuchlls 0 (SC) Bullrush or three square (Scirpus ( CCattail (Typha Sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) SaWmeadow grass (Spadina roemerianus) patens) 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?40canY be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major LJ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El 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- C1 11. Public orcommercial/no dredge RECEIVED $100 and/or fill - $4W ❑ 1 Private no dredge and/or fill - $250 0 III(C) FWvpublic or comet wA)&F to 1 MAR acre; 3490 can be applied, • DCM needs DWQ agreement - $400 applicant. cvc�c,zrb�J Date: 3 /13 /1 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in yourActivitles code sheet. TYPE REPLACE Number Choose Choose Dimension f Dimension 2 Dimension 3 Dimension 4 One one New Work- Replace -� r R S r nL i Maint ❑ ❑ Y N 1-2- New Wak Replace Maint ❑ ❑ Y Q N New Wak [;] Replace $>7 L,tG Maint ❑ ❑ Y PN2 Mcci��j 11 Newwork ; Replace p , Maint ❑ ❑ Y p N New Wak Replace Maim ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maim ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maim ❑ ❑ Y ❑ N New Wak Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Watt 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Work Replace EIVEDNew Maim ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N DCM- MHD CITY IOU 02MOMO Applicant: :�. 5' � Date: 3 l f ,3 A 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. - - -— Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration anNor restoration or ancVor temp restoration or temp impact temp impacts) amount) temp impacts) amount Dredge ❑ FIN ❑ Both ❑ Other L 4.• �> Y} . .Z �, Z �LaLw w Dredge 1P FIN ❑ Both ❑ Other ❑ j `i' r9 Y �. ` 1 ci h Cam- . 1.1 t h 14- Dredge ❑ FiN❑ Bofh ❑ Other (] ,�,Z-yt' r} 'Z o Dredge Fill Both Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FiN ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FiN ❑ " ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ R0 ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAR 16 2D17 DCM- MHD CITY 13 March 2017 Evergreen Horizons, Inc. Mr. Larry Bragg C/o Mr. Hood Richardson 110 West Second St. Washington, NC 27889 Dear Mr. Richardson: ROY COOPER Governor MICHAEL S. REGAN s°mtary BRAXTON C. DAVIS Dbeotor The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1354 (Cypress Shores Road) East of the City of Washington on the Pamlico River in Beaufort County, North Carolina It was received on 27 February 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is 13 May 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. Kelly Spivey, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3853 or via email at if you have any questions. If this agency does not render a permit decision within 70 days from the 27 February 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property. owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED MAR 16 2017 DCM- MHC3 CITY >y:1'ss^r;:onignra..6➢ tt'a �hint:�.tiC _'SS? _:: 946 535'. Evergreen Horizons, Inc. Mr. Larry Bragg C/o Mr. Hood Richardson 13 March 2017 Page 2 of 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact 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. Sinceryly, f,//, f' j R. $elly Spivey Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator Evergreen Horizons, Inc., Mr. Larry Bragg, 16415 Northcross Drive, Huntersville, NC 28078 WARO RECEIVED MAR 16 2017 DCM- MHD CITY � ix ST+'8 3`�+0 �Z / � ¢'4 �i Y Au' "33`t�' "� � �. -? y . PROJECT:=`6301'e•,eln (�ic7ht�SA� r�r,csisr�ylc�Vt ��r<� eac��iov� y n m � — �tl.�'a'1-i�ealrri(� lti,4S,14�' ��ns'he��a �Mu�es u�s t�• J'e'�'t'w CO MAMENTS ACCEPTED THROUGH 11 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: tVi`§' •� �C�� V"G. nQ. .�filCIl1Y ��K�4!O \V6�V l Water Resources ENVIRONMENTAL QUALITY Washington Daily News PO Box 1788 Washington, NC 27889 13 March 2017 Attention: Legal Advertising Departme .t ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Please include the enclosed Notice of Filing in the Public Notice section of the 16 March 2017 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Offt-e o g '' t g ' : regl!:I'"eS an Gl'1�:1? �.: Pub 3 ., r Bud et al;d a✓�ana ezr., a t A _ av�t o_ � u uc t_, prior to payment for nutspapei ?di et.isil>. P.easaend wt of itia� t, an c'ig rat copy c published notice, and an original invoice to: Thank you. ATTACHMENT Cc: File Melissa Sebas`tia o NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 e3d. 229 Sincerely, Sherry Tyson, Secretary Division of Coastal Management RECEIVED MAR 4 6 2017 i at, of a::.usa Em.iao:re.^.:i ::. a:: c: :cas ¢!).:a:a;em:vt DCM- MHD CITY ..i!th:hrs;;^i;xz: ii:. Re .r.;mr.:.-SS9 1 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 27 February 2017. According to the said application submitted by Evergreen Horizons, Inc., applicant proposes maintenance excavation, new basin excavation with two boat slips and a boat ramp within Shady Shores Subdivision, in Beaufort County, North Carolina. A copy of the entire application maybe examined or copied at the office of Jonathan R. Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 4 April 2017 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Please publish on: 16 March 2017 R. Kelly Spivey, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3853 RECEIVED MAR16 2017 DCM- MHD CITY (A WARO TRACKING FORM Date application first received in WaRO 1" 3!-1 Date application received as complete Check Narrative MP-1 MP-2 MP-3 MP-4 MP-5 Agent Authorization Form 15' Waiver Left Side Preliminary review by Date a-q- I Deed ✓ Location Map Plat(s) Cross Section(s) Green Cards ✓ Postal Receipts f Letters to Adjacent Property Owners _ _ Mitigation Plan gC6�-Mi55;.nZc) a r q*w4ww ? W�ErQ 4rG .Sii �1S'? - Np-N c-iiLc., -.0" uE +1- lob 13*11 15' Wavier Right Side RECEIVED MAR 1,6 2017 DCM- MHD CITY 2 E 4 I ZONE2 BUFF — — — i �� i I3B'AECB30'jgj�TR._ \14; I I ,fiV401SgyG '�..�. 1 .\ �\ „k b I r FRo?osED le x so ' T A. CD \ \ n / I b 5J11.PGVPDD TION I 19.9p S 91'Op'GT.E ` PH "P�oaml OR I DWO46 p PROFOSEO _ S `'�. a" ' 'aGpATpN ° WOOD Jl. —'1 DOCKIN. OPOSED. - Ste_ 314STAINLESS STEEL ROO =w� 6' si3 :O'33 STAINLESS LL STEEL NUT AND WASHER 2'xr CAP WATER STAINLESS STEEL ~ NUT AND WASHER 2' X B' CAP 3 X 10 MARINE GRADE WHALER SHEET PILING 1gOn4UpB IRS" -1 W U// 'I ''\ "'�.\ �' •.� �U WATER 1 ^ A qb q(�� ,C ayo -ye �..�..�..— _ MARK V /l RO i�� `/ t�\e o°apf}a°ess \•_._ j /'� RECEIVED zs q� o� 7 R o / a O �..� .. \Rip \ �I a O . ; y O 'B \ HORIZONS, , INC-�y ` THIS PROJECT IS INTENDED •.y ° .e,•., �� / DO� �'�..�.. HORTTDNS,iN��\'� APR 1 2017 LOT 15 U.S.US. 1915,P. .ro. 7SECTIONS ARE D'¢ .!, .+ I y1,�: f I- \ \ THE EVENT THE BANK ISNOT t-� .A 9+a Y1N'`J +B ���o' -� 0.38 ACRE / T _ $? STABLE IN SOME PLACES. O IT ( J'• ,// •b'N� ���� '''\ �F?\�q \\ PROPOSED BULKHEAD Cf;VI_ MIHD C 11 Y 4aNluun Y°`��"'�,_ �y LOT 18 BGFq\, \ CROSS SECTION R1C N` / L 0.33 ACRE\'• N08CALE unuueeBBe I 1 _ _ . DCM I I — \�' /'. 171, NOTE: INIPORMATTONON THIS MAPPROM APR 0 4 2017 / PREVIOUS SURVEYS BY OTFffiiS. I I I � D _ WARO �J .'�r p CHORE; N 1V �b CHORDDEL SEWING: IH 37'OR' / �OSO SCHpgO'z A7• H CYPRESS SHORES ON THE PAMLICO SUBDTVLWON / DELTA ANGLE: 94'1 ]'09' - _ _ _ °E(T4 E1RQ S14h,T.b' (NAMR CHANGED ro SHADY SHORES BUBDIVIBION) ARC: 275.0 , 70•JJ• DS, 1915, P. 73B RADIUS: t]5.00' �x'TO�i" _ CHORD: 13.73' PLAT CABINET H. SLIDES 73.1 THROUGH 73-5 CHORD CHITA NMILE: N W3@'52'YJ CAMA PERMIT SHEET 1 OF 2 _ _--___—`— �•/y,_ �[F' \ \ \ RNISCD 2/27/17: MAT R.WP, BUIXHC.N t CULVERT ��\ •Sqy ��\ AREA PROPERTY OF: `" EVERGREEN HORIZONS, INC. I I LEGEND: (SHADY SHORES SUBDIVISION) 0 EON ROD / — \ \ YYY \�� � � LONG ACRE TOWNSHIP SEAUfORT COUNTY 0 POINT I .p 'a NORTH CAROLINA PROPOSED EXCAVATION \ \�� �� a n RI'C1 Wya SCALE: 1' = 20' DATE: JANUARY 5, 2017 20 0 20 40 SO BY: HOOD mwAROSON. P.A PROPOSED CONCRETE (BOAT RAMP) B0 EMINEERS-GEOLOGISM-PLANNERS / \ q A RIRE O NGST 2ND STREET GRAPHIC SCALE - FEET \ �� 1 PHONE: T IN.%2JI]] 4.o E Ev. PAVEMENT 4 SITE 1N^ zs VI 14 a I 22 DREDGE SPOIL, DISPOSAL AREA w s m PNOPOREDVIMVI NAKIIF ,-4.0' ELLV. IXISTNG CANAL BANK I 0.0' ELEV. I oanopSED rX2AVATION CROSS SECTION AMA' /AIIYZOVfK AAO ILI/11'X SG(E.' 1' - J' 30 3' EXISTING CANAL BANK 4,0' EIiV.�rn PROPo9ED V M V� PROPOBED+ PROPO: VINYL BUUQ7EAD EXCAVA NORMAL WATER MARKSZ tia� I CROSS SECTION BTOB' M�WCWIN NPo LfAIIYX SCYE' /• � !• CAMA PERMIT SHEET 2 OF 2 RM50 3/27/17: PULKREPU AREA KAP PROPERTY OF: EVERGREEN HORIZONS, INC. (SHADY SHORES SUBDIVISION) \ LONG ACRE TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA SCALE: 1' = 5• DATE: JANUARY 5. 3047 RECEIVE APR 10 20'17 CM- MHC Yy DCNI APR 0 4 2017 WARD I I / I I I I I I I I I I 1 / I I I / I I I I 1 I ISMS N. 900. 8 vna BU Eer PIL, 7PD )- ( I -._�...�... $ •A LOT -� 0.36 ACRE It It \. L EVB�— T,.� If 8 _ry LOT 18 0.33 ACRE L ' 41.14' N 6T•pp To J z5.M TA /RyN� l.e� 0S�N 300''w ^T. t.BbNNa>sR: . 73 RASH us: z]s.Do' CHORD: 13.73' ar,oge� CHORD BFARINO: N 60'36'529, F_Nfew-"�DY DELTA ANGLE: OZ5176' - 738 �� ---- 47•,\ � AN,IRr I LEGEND: 0 IRONROD ( O POINT PROPOSED EXCAVATION / E PROPOSM CONCRETE(BOAT RAMP) 20 0 20 40 6D \ I GRAPHIC SCALE -FEET 3A'STAINLESS STEEL ROD rxw DAP WATER STAINLESS STEEL ~ NUT AND WASHER ARD WASHER / z MAX I�� Y X S• CAP N4.0' 3 X 10 MARINE / GRADE WHAILER VINYL \ •2.0 SHEET PILING r3 X 10 MARINE WATER I I THIS PROJECT IB INTENDED r� TO BE ZERO BACKPILL. THESE 7' SECTIONS ARE SUBMITTED IN THE EVENT THE BANK IS NOT STABLE IN SOME PLACES. PROPOSED BULKHEAD \ CROSS SECTION NO SCALE "17) NOTE: BNFORMAT70NON TIDSMAPFROM D _ PREVIOUS SURVEYS BY OTHERS. e`�P'9•�l�OhNs4 ��L�/�EjI DC C 1 II aB REFERENCE: CYPRESS SHORES ON 717E PAMLICO SUBDTVISION FEB 2 7 2017 (NAME CHANGED TO BRADY SHORES SUBDINMON) D.B. 19M P. 73B PLAT CABINET H. SLIDES 73_1 THROUGH 73.5 WAR C CAMA PERMIT SHEET 1 OF 2 NrnscR z/z/v: Ewr RAW. OO E• c F RECEIVED 1' "4Rp A AK.NMAP PROPERTY OF:: O � � EVERGREEN HORIZONS, INC. -�- (SHADY SHORES SUBDIVISION) MAR Y ro y 1t A YYY LONG ACRE TOWNSHIP BEAUFORT COUNTY 6 2017 NORTH CAROLINA ""`° C SCALE: 1' a 20' DATE: JANUARY 5, 2017 P.A P. NOW PoC2.0 D CM_ Ii� '"+f P. CI� ✓' 6 ENOINEEM-OEOLOOISil-NANNEM VI, 110 W" 3N0 11R[R WASNINOiON. N.C. 27MI MONL (252) OS-SAH RECEIVED MAR 16 2017 Dr t�; CROSS SECTION ATOA' npwzpvrK .vro Hx,rw� Sf.(f ,•_ s• C 22 DREDGE SPOII. DISPOSAL AREA nn msae a.o' ELEv. -t.s' EEEV. CROSS SECTION BTOB' MF4PNK .WO l£M.GL SG[E' f • � ,S• CAMA PERMIT SHEET 2 OF 2 "SED 2/27/17; BMHM ARE aMM PROPERTY OF: 4 EVERGREEN HORIZONS, INC. \7- (SHADY SHORES SUBDIVISION) Y LONG ACRE TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA SCALE: 1" = 5' DATE: JANUARY 5. 2017 RECEIVED MAR 16 2017 DCfW- MHD CITY DCM FEB 22 777 200117 \• \ W y RECEIVED MAR 16 2017 DCM- MHD CITY